THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA, NHS Kensington and Chelsea
And
The Carers Hub
FUNDING AGREEMENT
For Office Use Only / Signature / DatePrepared by
Laxmi Jamdagni, Peter Beard
and Pete McDonnell / July 2009
The Royal Borough of Kensington and Chelsea
The Town Hall
Hornton Street
London W8 7NX
Telephone:020 7361 2072
Ref: CHUB 2009
CONTENTS
Clauses
1.Definitions and Interpretation
2.Commencement and Duration
3.Financial Assistance
4.Conditions of Funding
5.Management Responsibility
6.Insurance
7.Monitoring
8.Information
9.Quality Assurance
10.Protection of Children and Vulnerable Adults
11.Appointment of Staff
12.Political Affiliation
13.Acknowledging Council Support
14.Failure to provide the Service
15.Representations
16.Termination
17.Data Protection
18.Freedom of Information
19.Third Party Rights
20.Legal Expectations
21.Governing Law
Schedules
1.Policy on Protection of Vulnerable Adults from Abuse
2.Total Annual Funding
3.Specification
4.Contact Person Details
THIS AGREEMENT is made this 1st day of APRIL 2009
BETWEEN
(1)THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA of Town Hall, Hornton Street, LondonW8 7NX (“the Council”); and
(2)The ……………… Limited Company Number whose registered address is .
AND WHOSE
Registered Charity Number is
IT IS HEREBY AGREED AS FOLLOWS:
1.DEFINITIONS AND INTERPRETATION
1.1.In this Agreement, unless the context otherwise requires, the following words and expressions have the following meanings:
1.2.“the Accounts” - means the balance sheet and profit and loss account for the year ended on the accounts date of the Organisation;
1.3.“the Audited Accounts” - means the audited balance sheet and audited profit and loss account for the year ended on the accounts date of the Organisation;
1.4.“the Centre/Project Co-ordinator” - means the senior practitioner responsible for managing the project or organisation;
1.5.“the Constitution” - means the constitution of the Organisation;
1.6.“the Contact Officers” - means the people set out in Schedule 4;
1.7.“Funding” - means the amount of money set out in clause 3.1 of this Agreement;
1.8.“the Management Committee” - means the senior management group, or its equivalent of the Organisation;
1.9.“the Service” - means the service to be provided by the Organisation set out in Schedule 3; and
1.10.“the Service Information Form” - means the service information form set out in Schedule 5.
1.11.“Service user” - a person living with stroke that uses local health and social care services in the Royal Borough of Kensington and Chelsea
1.12.A “Person or people living with a stroke” – one person or a group of people who have had stroke and which has affected their lives creating impairment and creating disability
1.13.A “Carer” - a person who cares for the person living with the stroke e.g. wife/husband, partner, family member
1.14.The “Organisation” or “Provider” – means the organisation who are delivering the service described in this specification
1.15.“3rd Sector” – means local and national voluntary organisations
1.16.“The Royal Borough” means the Royal Borough of Kensington and Chelsea Council
2.COMMENCEMENT AND DURATION
2.1.This Agreement shall commence on the first day of May of 2009 and shall continue until the completion of the project, which is expected to be no later than 2nd day of September 2009.
3.FINANCIAL ASSISTANCE
3.1.The Council shall provide to the Organisation a payment of £9,892 for the completion of the project as set out in the specification (schedule 3). This will be a one-off payment. Written agreement for the grant funding is
4.CONDITIONS OF FUNDING
4.1.In consideration of the Council providing the funding, the Organisation shall:
4.1.1.use the payment in accordance with Schedule 3
5.MANAGEMENT RESPONSIBILITY
5.1.The Organisation shall notify the Council in writing immediately if there are any major budget changes, proposed major budget changes or any other matters materially affecting the need for, or the use of, the Grant.
5.2.The Organisation shall notify the Council in writing immediately if there are any significant changes within the Organisation, which may have a material effect on the provision of the Service.
5.3.The Organisation shall notify the Council of any material changes to the Constitution or charitable objectives if they may have an effect on the Service.
5.4.No member of the Management Committee shall be a beneficiary of the Grant.
5.5.The Organisation shall use the same financial year as the Council, i.e. 1 April to 31 March.
5.6.The Annual Accounts shall clearly identify Council funding.
5.7.Where the Grant is not spent in accordance with this Agreement, the Organisation shall inform the Council and such proportion shall be repayable to the Council unless prior agreement has been secured for a change.
5.8.Any savings arising from staff vacancies on posts funded by the Council are to be paid back at the end of each financial year after deducting the actual costs of providing cover for the vacancies and recruitment expenses if applicable.
6.INSURANCE
6.1.For the duration of this Agreement (and for 6 years thereafter) the Organisation shall maintain with a reputable insurance company previously notified in writing to the Council the following minimum insurance arrangements:
6.1.1.employees liability - £10m (to comply with statutory requirements);
6.1.2.public liability - £5m (in respect of any one act or occurrence or series of acts or occurrences in any one year) and
6.1.3.vehicle, plant and equipment insurance to comply with statutory requirements and any other insurances as is in accordance with Good Industry Practice for the Services undertaken by the Organisation.
6.2.Upon request by the Council the Organisation shall produce a copy of the policies affecting the insurance referred to in Clause 7.1 together with documentary evidence that such insurances are properly maintained.
7.MONITORING
7.1.The parties shall provide named Contact Officers, given in Schedule 4, who will be the initial point of contact for each respective party for all matters relating to this Agreement.
7.2.The Organisation shall keep appropriate written records to show how the Funding has been used and that the Organisation is complying with this Agreement.
8.PROTECTION OF CHILDREN AND VULNERABLE ADULTS
8.1.The Organisation shall adhere to the Council’s established procedures and guidance in relation to the protection of children and vulnerable adults.
8.2.It is a condition of this funding that the Organisation will comply with any statutory requirements relating to working with children and vulnerable adults. The Organisation will be required to carry out the necessary Criminal Records Bureau checks before appointing staff to work with children under the age of 18 years or vulnerable adults and, in addition, for people working with vulnerable adults, to carry out the necessary check of the Protection of Vulnerable Adults Register (POVA). The Organisation is also required to follow any guidance which may be issued by the Council.
See Schedule 1 - Royal Borough’s Policy on Protection of Vulnerable
Adults from Abuse
8.3.For organisations working with children and young people the Organisation shall maintain a policy for the management of safety for Off-Site Activities consistent with that published by the Council.
9.APPOINTMENT OF STAFF
9.1.The Organisation shall:
9.1.1.employ suitably trained and experienced staff to ensure that the Service is delivered professionally;
9.1.2.ensure that all staff and volunteers working with children, young people and vulnerable adults are police checked through the Criminal Records Bureau (the Council reserves the right to charge for this service). Until such clearance is confirmed such staff and volunteers must be directly supervised by another worker who has received such clearance whenever they work with children, young people or vulnerable adults;
9.1.3.have a clear policy to provide training and continuous professional development for staff and volunteers;
9.1.4.have a policy for Drug Education, Prevention and Incident management consistent with guidelines issued by the Council;
9.1.5.have a clear policy to recruit, train and support volunteers;
9.1.6.have a clear policy to record, monitor and address absence through sickness; and
9.1.7.adopt and pursue an equal opportunities policy with regard to the employment of staff.
10.POLITICAL AFFILIATIONS
10.1.The Organisation shall not support any political party or have any party political affiliation and shall not use any part of the Grant to engage in publicity which could be regarded as designed to affect support for a political party.
11.ACKNOWLEDGING COUNCIL SUPPORT
11.1.The Organisation shall acknowledge the support of the Council; this acknowledgement shall be made in printed materials by using the Royal Borough logo and, where Council funding exceeds 50 per cent of an Organisation’s income, the words “Funded by the Royal Borough of Kensington and Chelsea”. Where the financial support represents less than 50 per cent of the total costs, the words “In Partnership with the Royal Borough of Kensington and Chelsea” shall be used with the Royal Borough logo. Use of the Royal Borough’s logo shall follow the design specifications in the Council’s Corporate Identity Guidelines.
11.2.The Annual Report shall acknowledge the Council's support and give appropriate information on the assistance provided, both financial and in kind.
12.FAILURE TO PROVIDE THE SERVICE
12.1.In the event that the Council reasonably believes that the Organisation may not be providing the Service in accordance with this Agreement, the Council may require the Organisation to give officers of the Council access to the Organisation’s premises, at all reasonable times to inspect any documents and records such officers consider necessary to enable the Council to satisfy itself whether the Service is being provided in accordance with this Agreement provided that all such documents and records shall be treated as confidential information.
12.2.Where the Council exercises its rights under clause 9.1 it shall normally give prior written notice of any such inspection of documents, specifying the officers involved and the purpose of the visit, provided that nothing in this clause shall prevent the Council from the making of unannounced visits.
12.3.If, notwithstanding that the Council has exercised its right under clause 16.1 above, the Organisation is found to be in breach of this Agreement, the Council may demand the repayment of all or part of the Grant and the Organisation shall comply with such demand.
12.4.Any Organisation that fails to provide a service in accordance with its grant may be placed on the Council’s ‘Organisations in Difficulty’ procedure. This procedure is designed to provide support and guidance to an Organisation; however, a failure to improve services under this procedure may result in a withdrawal of grant funding.
13.REPRESENTATIONS
13.1.In the event of any disagreement over this Agreement, the Contact Officers will endeavour to resolve the issue. If they are unable to do so, the Organisation shall be given the opportunity to make written and verbal representations to the Responsible Officer named in Schedule 3 who will make a decision on the point(s) at issue.
14.TERMINATION
14.1.This Agreement may be terminated by either party with immediate effect if there is a material breach of the terms of the Agreement. In this eventuality, the Council will consider providing financial assistance to the Organisation for a maximum of three months to help it wind down its affairs in relation to this Agreement.
14.2.Either party may also terminate the Agreement by giving one months’ notice in writing.
14.3.If this Agreement is terminated, funding will cease but the Council will not pursue any legal action for failure to deliver the required Service unless there is reason to believe that there has been some financial impropriety.
15.DATA PROTECTION ACT AND THE INFORMATION SHARING AND ASSESSMENT PROJECT (ISA)
15.1.The parties shall ensure that they at all times comply with the provisions and obligations imposed by the Data Protection Act 1988 and the Data Protection Principles together with any other subsequent re-enactment or amendment thereof in storing and processing personal data, and all personal data acquired by either party from the other shall be returned to the disclosing party upon request. Both parties hereby acknowledge that performance of a duty imposed by the Data Protection Act shall not constitute a breach of any obligation in respect of confidentiality, which may be owed to the other party.
15.2.The parties shall ensure that they at all times share data and otherwise comply with the provisions of information sharing protocols as devised under the Council’s ISA Project and endorsed by the Children and Young People’s Strategic Partnership.
16.FREEDOM OF INFORMATION
16.1.The parties confirm that disclosures required by the Freedom of Information Act 2000 shall be classed as a disclosure required by law so that any obligations of confidentiality do not apply.
16.2.The Organisation shall co-operate and assist the Council with disclosures under the Freedom of Information Act 2000 as if it were under identical duties and the Council shall have the right to determine the manner, timing and terms under which such disclosure shall be made, save that nothing in this clause shall impose an obligation on either party to disclose information which it would be precluded from providing under the said Act.
17.THIRD PARTY RIGHTS
17.1.Save as expressly provided in this Agreement it is not intended that any party who is not a party to this Agreement shall have the right to enforce any of the obligations rights or provisions contained in this Agreement and any rights under the Contracts (Rights of Third Parties) Act 1999 are hereby expressly excluded.
18.LEGAL EXPECTATIONS
18.1.The Organisation is expected to be aware of, and meet all the legal requirements and guidance laid down for service provision, staff management, employment, and the working environment. The Council is aware that such legislation and guidance changes frequently and where possible Organisations will be informed of any legislative changes and requirements.
19.GOVERNING LAW
19.1.This Agreement shall be governed by and construed in accordance with English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
AGREED by the parties through their authorised signatories on the date set out above
On behalf of the Royal Borough of Kensington and Chelsea
Signed: ………………………………………………….
Print Name:…………………………………..
Position held:
Date:1st May 2009
On behalf of the NHS Kensington and Chelsea
Signed: ………………………………………………….
Print Name:…………………………………..
Position held:
Date:1st May 2009
On behalf of the Provider
Signed:
Signed:………………………………………………….…
Print Name:……………………………………………………..
Position held:…………………………………………….
Date:……………………………………………
SCHEDULE 1
Royal Borough’s Policy on Protection of Vulnerable Adults from Abuse
1.1Service Providers are expected to meet the requirements of the multi-agency Policy and Procedures to Protect Vulnerable Adults from Abuse to which the Council is a co-signatory. The document can be found on the Council’s website.
1.2For the purpose of this section a vulnerable adult is defined as:
1.2.1a person who is aged 18 years or over who is or may be in need of community care services by reason of mental or other disability, age or illness; and
1.2.2who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation.
1.3Abuse is defined as a violation of an individual’s human and civil rights by any other person or persons.
1.4Abuse may consist of a single act or repeated acts. It may be physical, verbal, or psychological or it may be an act of neglect or omission to act. It may occur when a vulnerable person is persuaded to enter into a financial or sexual transaction to which he or she has not, or cannot consent.
1.5Abuse can occur in any relationship and may result in significant harm to, exploitation of, the person subjected to it.
1.6The main different forms of abuse are recognised as physical, sexual, psychological, financial and material, and discriminatory. Institutional abuse occurs in situations where neglect and poor professional practice are pervasive within a setting.
1.7Service Users may report abuse to an individual unrelated to the abuser. The Service Provider's staff can be that unrelated individual who identifies that abuse may have taken place. Therefore it is important that any Service Provider's staff who have direct contact with the Service Users are briefed regarding abuse and the procedures to be followed.
1.8If the member of the Service Provider’s staff has concerns or information regarding abuse, he or she has a duty to inform the Authorised Officer immediately regardless of whether this breaks a confidentiality agreement. The Service Provider shall also assist in any subsequent investigation. If requested by the Authorised Officer the Service Provider shall submit a written report within five working days regarding the alleged abuse.
1.9If the allegation of abuse relates to the Service Provider's staff the Council will undertake the investigation. The Service Provider will have the opportunity to present any information he so wishes and participate in the investigation. During the investigation stage the Council reserves the right to instruct the Service Provider that the staff concerned be suspended from the Service and this shall be complied with immediately.
1.10The Service Provider shall be notified of the outcome of any inquiry. If the allegation is sustained the Service Provider must agree with any actions the Council intends to take. Failure of the Service Provider to carry out the required actions shall be deemed a breach of contract and may lead to termination.
1.11Service Providers will produce internal guidelines for staffing which must be approved by the Authorised Officer. The internal guidelines will clarify the actions that an employee should take if they receive a complaint from a Service User that they are being abused or if the employee has concerns that a Service User is or may be being abused in some way. All staff who have access to Vulnerable Adults shall receive training on the Service Provider’s guidelines.
1.12Service Providers should have procedures in place for dealing with situations where a complaint or allegation is made against a member of staff.
1.13The member of staff should be made aware of his or her legal rights under employment legislation and internal disciplinary procedures.