London Borough of Lambeth A SERVICE LEVEL AGREEMENT CONTRACT OPERATING UNDER A LAMBETH GRANT AID AGREEMENT FOR THE SUPPLY OF ARTS SERVICES 2013-2014 Between Lambeth Arts And [name of organisation]
CONTENTS 1 SECTION 1 Conditions of Service Level Agreement 2 SECTION 2 Service Specification (to be signed) 3 SECTION 3 Service provider's monitoring requirements 4 SECTION 4 Standard Conditions of Grant Aid (to be signed) 5 SECTION 5 Appendix 1: Appendix 2 Glossary of Terms Service Providers Outline Programme of Delivery 2
SECTION 1: Conditions of Service Level Agreement THIS AGREEMENT is made the [date] BETWEEN (1) [name of organisation] whose address for service within the jurisdiction of the courts of (England and Wales) is [address of organisation] ('the Service Provider') and AND (2) The Mayor and Burgesses of the London Borough of Lambeth of Lambeth Town Hall, Brixton Hill, London SW2 1RW. (the Council), 1 Appointment 1.1 The Council engages the Service Provider to provide the Service in accordance with the provision of this Service Level Agreement and Standard Conditions of Grant Aid and the Service Provider's Submissions as set out in the Appendices herewith for the term of [date from] to [date to]. 2 Definitions & Interpretations (CONDITIONS OF AGREEMENT) 2.1 Definitions A glossary of terms is set out in Appendix 1 of this Agreement 2.2 Interpretations Words in the singular include the plural and vice versa; Words in the masculine include words in the feminine and vice versa Words importing individuals shall be treated as importing corporations and vice versa; Headings are for reference only and shall not affect the construction of the Contract; 3 The Service Provider's obligations 3.1 The Service Provider shall devote such of his time attention and abilities to the provision of the Services in these Agreements and Conditions to the best professional standards and in accordance with current laws, statutory instruments, rules, regulations and bylaws. 3.2 The Service Provider shall comply with the reasonable direction of the Monitoring Officer and use his best endeavours to provide the Service 3.3 The Service Provider shall at all times comply with the requirements of Health and Safety legislation and regulations and shall ensure the health and safety of members of others. 3.4 The Service Provider shall co-operate with any staff or sub-contractor employed directly or indirectly by the Council and shall undertake the Services at no detriment to any other service provided by or on behalf of the Council. 4 Variation 4.1 The Council may at any time require the Service Provider to: a) omit part of the Services, b) provide more Services or c) provide new services (a Variation). The Service Provider shall within 30 working days of a written requirement prepare and submit to the Monitoring Officer a written proposal of how such a Variation may be provided taking into 3
account payments from the Council pursuant to the Service Specification. 5 The Council's obligations 5.1 The Council shall fulfil its obligations to the Service Provider and shall pay the Service Provider in accordance with schedule set out in the Service Specification. 6 Status of the Service Provider 6.1 During the Term the Service Provider shall be an independent Service Provider and not the servant of The Council 7 Supersedes prior agreements 7.1 This agreement supersedes any prior agreement between the parties whether written or oral and any such prior agreements are cancelled as at the Commencement Date but without prejudice to any rights, which have already accrued to either of the parties. 8 Context and Principles of the Service Provider's Programme 8.1 Policy Context, Purpose and Objectives Lambeth Council is moving towards outcomes-based cooperative commissioning of Services, developing new delivery models that will: Create more jobs and sustainable growth Help communities feel safer and stronger Create cleaner streets and greener neighbourhoods 9. General Principles 9.1 Statutory obligations Arts services are provided within the statutory framework of the Local Government Act 1972. The service provider shall ensure that the service operates within appropriate legal and/or professional constraints at all times. 9.2 Standard conditions of grant The service provider will at all times be governed by the Council s Standard Conditions of Grant Aid. See SECTION 4 - Standard Conditions of Grant Aid. 9.3 Service development The Council will encourage the service provider to use their expertise to continue to introduce innovative developments and enhancements to the service, which are consistent with the overall direction of the Council s policies, in particular; Lambeth Cultural Services objectives and the Council s Community Plan 2013-16. 9.4 Specification Our concern is primarily with the outcomes of service delivery, as experienced by Lambeth s residents. This therefore expresses our requirements in terms of these outcomes. 9.5 Partnership We are looking to work in partnership with our service providers, in a spirit of openness and positive communications to devise and agree programmes that meet these objectives. 9.6 Quality Assurance The service provider shall either have, or be working towards, a quality policy. The service provider shall allow verification of the quality system by the Council s nominated officers. The service provider shall give all reasonable assistance required by the Council s nominated officers in carrying out quality assurance work. 4
9.7 Relationships with other Service providers The service provider will need to liaise with other of the Council s service providers to carry out their tasks. The service provider will be expected to conduct these relationships in a spirit of mutual respect. 9.8 Sub-contracting The service provider shall ensure all sub-service providers subscribe to and remain governed by the principles and framework laid out in the Service Level and Grant Aid Agreement. GENERAL CONDITIONS ARE OUTLINED IN ATTACHED STANDARD CONDITIONS OF GRANT AID 5
SECTION 2: Service Specification 1. Outcomes Our concern is primarily with the outcomes of service delivery, as experienced by Lambeth s residents. The specific outcome we would like to address under this agreement is that: [insert outcomes] 2. [name of the organisation] programme In general terms, Lambeth would like this specific grant to: [insert key specification requirements for the activity] 3. Service eligibility/availability [insert key target groups] 4. Publicity The service provider will devise a marketing and publicity campaign, which builds on the existing popularity of the [name of organisation] programme, and makes full use of other joint marketing initiatives. The service provider shall not produce any advertising materials likely to bring the Council into disrepute. All publicity material relating to work supported by the Grant Aid Funding provided by Lambeth Arts will clearly display a Lambeth Logo. 5. Participation Targets [To be defined and agreed in accordance with programme and in reference to the methodology table] 6
METHODOLOGY Service Delivery Outcomes will be measured using the following Performance Indicator methodologies: Arts 017: Number of Participatory activities This indicator helps to identify the proportion of participatory work within the overall programme of arts work managed or supported by the local authority. It emphasises the importance of participatory work and its social impact Person hours are calculated by multiplying numbers of course, workshop and project participants x total length of contact hours Arts 012: Attendance The volume of attendance, scaled to the capacity of the venue Arts 018: Number of Arts Events Number of arts events for target groups and number of attendance at these events Arts 019: Mentoring and Support Number of individuals and number of organisations that receive mentoring and support from the funded group Arts 020: Partnership Number of partnership relationships (e.g.: Voluntary and community groups, schools, colleges). This does not include funders or sponsorship deals. Arts 013: New Work and innovation Percentage of annual arts budget spent on commissioning new work 6 Participant satisfaction Participant satisfaction shall be maintained at not less than 80%. This must be demonstrated through participant surveys, website usability surveys and evaluation by the organisation receiving the grant, as agreed with Lambeth Arts. 7 Your Liabilities and Indemnities The Service Provider shall indemnify and keep indemnified the Council from and against any and all loss damage or liability (whether criminal or civil) resulting from the Service Provider s breach. The Council shall not be liable to the Service Provider for the death of or injury or loss or damage to property unless due to the negligence of the Council or it's servants or agents. The Council shall not be liable for any consequential losses, including but not exclusively, loss of profit, earning, income, business, goodwill, savings opportunities, reputation or associated costs to the Service Provider howsoever caused. 8 Insurance The Service Provider shall maintain at its own cost a policy of insurance to cover its liability in respect of any act or default for which it may become liable to indemnify the Council under the terms of this Contract in the following minimum sums: 7
(a) Employers liability of 10,000,000 (ten million) (b) Public liability of 5,000,000 (five million) The Service Provider shall provide the insurance policies to the Monitoring Officer on request. 9 Finance and Payment The funding agreed for [funding purpose] to [name of organisation] is [grant amount] Specifically, the Council shall pay the Service Provider no more than the following sums which shall include all the costs and disbursements based on the agreed budget:- (a) (b) [proportional amount] on the receipt of the signed copy of the Service Level Agreement and Standard Conditions of Grant Aid and [proportional amount] on the completed delivery of the programme and receipt of the final evaluation report 10 Acceptance Please sign below to indicate that you have read, understood and accept on behalf of your organisation the terms of the Service Level Agreement and the Monitoring & Evaluation Framework. Signatures: CHAIR (Name - please print) ----------------------------------------------------------- Signature ----------------------------------------------------------- Date: --------------- TREASURER (Name - please print) --------------------------------------------------- Signature ------------------------------------------------------------ Date: --------------- Organisation ----------------------------------------------------------------------------------- Address ----------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------- Please return to your Monitoring Officer: Name: Address: Department: Dawn Bunce Culture and Communities London Borough of Lambeth 5 th Floor, Phoenix House 10 Wandsworth Road LONDON SW8 2LL Commissioning 8
Two copies of this document have been produced. Both copies require signatures from the organisation and Lambeth Arts. One copy to be retained by either party. 9
SECTION 3: Monitoring and Evaluation Framework 1. The London Borough of Lambeth is accountable to residents for the money that it awards in grant aid. Measuring the success of a funded service/activity is therefore an integral part of the Service Level Agreement. Basic monitoring requirements will include: Details of project expenditure Site visits, where applicable End of project report 2 Service Delivery 2.1 The organisation shall provide the Council with detailed report and performance indicators assessing the services/activities provided or supported by the grant, including: description of the services/activities provided or supported by the grant information about numbers and types of users information about the full costs of providing the service evidence of the benefits users gain from the service or activities information about problems encountered in the service delivery press coverage achieved In order to measure the services/activities delivered in relation to the following outcome: [insert outcomes] 2.2 Organisations are expected to monitor their own performance to ensure that they are delivering a quality service. Where appropriate, names and addresses of clients must be recorded in a register and be available for inspection by Council Officers. The confidentiality of information shall be respected at all times by the Council. 2.3 The organisation shall be able to demonstrate that it is effective in meeting its objectives and that its services provide "value for money". In addressing these issues, organisations are encouraged to seek advice from their MO if required. 2.4 The MO shall be given reasonable access to observe the services/activities where appropriate and shall otherwise be given reasonable assistance in undertaking alternative means of assessing the standards of service provision and benefits to users. 2.5 The Council may specify additional monitoring requirements specific to the funded service/activity. 10
SECTION 4: London Borough of Lambeth Standard Conditions of Grant Aid (Revised September 2002, Modified 2013) 11
LONDON BOROUGH OF LAMBETH STANDARD CONDITIONS OF GRANT AID (Revised September 2002, Modified 2013) CONTENTS 1. Introduction 2. Special Conditions 3. Political and Religious Activities 4. Acceptance of Grant Aid 5. Acknowledgement of Grant Aid 6. Use of Grant Aid 7. Other Sources of Funding 8. Governance and Management 9. Equal Opportunities 10. Employment and Volunteering 11. Health & Safety 12. Financial Procedures 13. Monitoring 14. Procedures for Dealing with the Council 15. Termination of Grant Aid 16. Termination Consequences 17. Notices 18. Appeals 12
1. INTRODUCTION 1.1 Lambeth Council has a duty to ensure that grant aid is used for the purposes agreed by the Council. The purpose of these Conditions is to set out the requirements that a voluntary or community organisation receiving grant aid from the Council must meet and the support that the Council will provide. These apply to all grants, including those provided through the main programme, Community Funds and any external funds managed by the Council. They also apply to indirect assistance such as subsidised rent, discretionary rate relief and seconded staff and as permitted by legislation. 1.2 The Council may, if necessary, amend the Conditions of Grant Aid after appropriate consultation with the voluntary sector. 1.3 The Council will only provide grants to properly constituted voluntary and community organisations. A funded organisation should demonstrate that it: is not-for-profit has clear aims and objectives which contribute to meeting Lambeth Council's objectives operates within an equal opportunity framework operates sound management, employment and financial practices is effective in delivering the service/activity in line with its governing document, Lambeth Council's requirements and best value operates for the benefit of the residents of the London Borough of Lambeth takes positive steps to involve local residents in its management and activities, and is accountable to its members, users, funders and the local community maximises self-help and volunteering 1.4 Organisations are encouraged to work in partnership with the Council in accordance with the principles of the Lambeth Compact to improve services for the benefit of Lambeth residents. 1.5 A named Monitoring Officer (MO) shall be the first point of contact in the Council for the organisation in respect of matters relating to the grant. Where an organisation receives funding from more than one Directorate, a Lead Monitoring Officer (LMO) may be designated. 1.6 Provision of a grant shall not be taken as an indication that grant aid will be provided by the Council in future years beyond the specified period. Reconsideration will be given before each new financial year as to which voluntary organisations to fund and at what levels, depending on circumstances prevailing at the time. 2. SPECIAL CONDITIONS 2.1 The Council may set more specific conditions in relation to particular types of grants. These shall be out in writing, e.g. in a Letter of Understanding or Service level Agreement. 3. POLITICAL AND RELIGIOUS ACTIVITIES 3.1 The organisation shall be non-party political. 3.2 The organisation shall not use the grant to pay for publicity, which appears to be designed to affect support for any political party. 3.3 Funding shall not be used for exclusively religious activity. The Council recognises the important role that faith organisations can play in regeneration and community development. Therefore, 13
faith groups are eligible for funding, as long as the primary purpose of the activity is not religious. 4. REQUIREMENTS FOR ACCEPTANCE OF THE CONDITIONS OF GRANT AID 4.1 On awarding a grant the Council shall inform the organisation of The decision-making body that awarded the grant the date of the decision the amount of the grant the purposes for which the grant was awarded the funding conditions which apply, including monitoring arrangements the name and contact details of the Monitoring Officer or Lead Monitoring Officer 4.2. Before funding can be released the organisation shall be required to: confirm in writing that it accepts the grant on the basis offered return the signed Conditions of Grant Aid and Service Level Agreement submit a revised budget for the service/activity based on the level of funding and comply with any additional requirements, if applicable. 4.3 Information about the Council s grant awards shall be made available to the public. This will include the name of the organisation/project, the amount and purpose of the grant. 4.4 Organisations are required to inform the MO of any funding received or refused from any other section of the Council. 5. ACKNOWLEDGEMENT OF COUNCIL S ASSISTANCE 5.1. The organisation must acknowledge the Council's assistance in its Annual Report. The organisation shall acknowledge the Council's direct or indirect assistance in all literature, publicity, events and advertisements for posts created by Council funding, unless a special exemption has been agreed with the MO. The organisation shall comply with the Council's guidelines for the use and presentation of its logo (e.g. colour, size of font, position on the page). 6. USE OF GRANT 6.1 The organisation shall use the grant wholly and exclusively for the purposes for which it was awarded as specified in the Service Level Agreement. Written approval must be obtained to permit a variation in the project from the Council. The Council retains the right to recover part or all of the grant, which is not used for the purpose for which it was awarded. Any variations in the use of under-spends must be agreed with the MO who shall confirm the agreement in writing. 6.2. The organisation shall keep the Council informed at all times of matters relating to the need for and use of the grant and in particular to notify the Council of any anticipated or actual change in the circumstances of the organisation or any change in the factors which formed the basis on which the grant was decided or in the use of approved grant aid. 6.3. The MO shall inform the organisation of changes in policy and/or priorities relating to the funded service or activity. 6.4 The organisation shall take such actions and keep such records as will demonstrate that service delivery is performed in accordance with the principles of Best Value; the organisation shall provide to the Council such material as may reasonably be required by the MO from time to time. 6.5. The organisation shall demonstrate that it has pursued value for money in any procurement of goods or services funded by the Council. 14
7. OTHER SOURCES OF FUNDING 7.1 Where the organisation receives or is dependent on funding from other sources as well as the Council, the organisation is required to make this information fully available to the Council, including specific information setting out how other funds are used to provide services or activities. 8. GOVERNANCE AND MANAGEMENT 8.1 As part of the application process, the organisation will have provided the Council with a copy of its governing document, e.g. Constitution, Memorandum & Articles of Association etc. In the case of a Consortium, a copy of the terms of agreement that binds each partner must also be provided. The governing document should set out that the organisation could carry out the activities/services for which the grant has been applied. 8.2 The governing document shall portray the independence of the organisation, its openness to participation by the beneficiaries and adherence to procedures appropriate to a publicly accountable organisation. The organisation must inform the Council of any subsequent changes to its governing document or to the terms of any partnership arrangement. Such changes may affect continuation of payment of grants. Organisations are therefore advised to discuss proposed changes with their MO and submit the amended governing document to the MO within seven working days from the date of change. 8.3 The organisation shall have a democratically elected (by the members of the organisation) Governing Body e.g Management, Committee, Board, Trustees or equivalent, and rules for its membership as defined in its governing document. All Annual and other General meetings must be open to all members. The organisation shall provide the Council with; names, addresses, telephone numbers and e-mail addresses, where applicable, of the Chair, Secretary, Treasurer and other members of the Governing Body. one named contact person with responsibility for the funded service/activity and authority to speak on behalf of the organisation on a day to day basis. 8.4 The organisation shall conduct its business in a manner which guards against "conflict of interest" decision making which may compromise the good standing of the organisation. The Governing Body and staff shall not use their position or influence within the organisation to gain undue advantage for themselves or others in a private capacity. For example: (a) (b) (c) (d) A member of the Governing Body (i.e. the employing authority of the organisation shall not also be employed by the organisation as a member of staff, or receive payment for any services provided. Paid employees shall only attend meetings of the Governing Body in a non-voting capacity at the discretion of the members of the Governing Body. Any member of the Governing Body who has a pecuniary interest in a contract for goods or services being considered by the Governing Body shall declare an interest in the decision and abstain from voting on the award of the contract. The organisation shall inform the Council of any employee of Lambeth Council or current elected Member of the Council serving on the Governing Body. The employee or Member shall also make a declaration to the Council. The examples above are in themselves requirements, however they are not exhaustive of all potential conflict of interest situations. The organisation may operate systems which do not strictly 15
fulfil the requirements in the examples, yet do guard against abuse of position or influence. Alternative arrangements must be discussed and agreed with the MO. 9. EQUAL OPPORTUNITIES 9.1 The organisation shall ensure that anyone acting on its behalf complies with the law in the United Kingdom and in particular does not commit any act of discrimination rendered unlawful by the Sex Discrimination Act 1975, the Race Relations Act 1976 as amended by the Race Relations Act 2000, or the Disability Discrimination Act 2000 9.2 In the event that any finding of unlawful discrimination by the organisation during the Service Level Agreement period, the organisation shall inform the Council the steps it proposes to take to prevent repetition of the unlawful discrimination 10. EMPLOYMENT AND VOLUNTEERING PRACTICES 10.1 The Governing Body must comply with current employment legislation and use good employment practices. 10.2 All employees must be issued with a contract of employment, an appropriate job description, a written equal opportunities statement and code of practice, and a written disciplinary and grievance procedure. The MO may assist organisations to obtain model documents and guidelines, if required. 10.3 The organisation shall fill vacant post(s) funded by the Council through advertising. The placing of advertisements must always have regard to all elements of equal opportunity practices. Organisations shall ensure that proper recruitment procedures are followed, and are encouraged to involve the MO in the process in an advisory capacity, where necessary. Organisations must formally notify the Council of any periods of staff vacancies. In the case of temporary vacancies (i.e. due to unplanned staff absence), appropriate recruitment or cover arrangements shall be agreed with the MO. 10.4 The organisation s staff employed in the provision of services partly or fully funded by the grant, shall be properly or sufficiently qualified, competent, skilled, honest and experienced, and shall at all times exercise care in the execution of their duties. The organisation shall ensure that staff and volunteers are properly instructed and supervised with regard to the provision of such services. 10.5 Where a member of staff or volunteer will be working with or have contact with children or vulnerable adults, a police check must be undertaken before an appointment can be made. The organisation is expected to develop and operate a policy governing best practice for working with children and vulnerable adults. 10.6 Where grant funding is to be used to employ an individual or agency on a consultancy basis, the work shall be awarded through an open tendering process where the funding is provided solely by LB Lambeth. Exceptions may be agreed with MO and shall be confirmed in writing. 10.7 The Council is committed to supporting the benefits to the community and individuals of volunteering. The organisation is expected to develop and operate a volunteering policy that sets out the respective rights and responsibilities of the organisation and the volunteer. 10.8 Volunteers must not be paid for the work they undertake. However, they should be reimbursed for any legitimate expenses incurred. 16
11. HEALTH & SAFETY 11.1 The organisation shall comply with all the relevant provisions of Health and Safety legislation and develop and implement a Health and Safety Policy for the protection of employees, volunteers and users. 11.2 The organisation shall ensure that the premises (centre based or external) from which services or activities are provided are appropriate for the nature of the service or activity, and offer a safe environment for those who provide and receive the service. As far as is practicable, the organisation shall seek to make the premises fully accessible. 12. FINANCIAL MANAGEMENT 12.1 Organisations are encouraged to use the same financial year as the Council, i.e. 1st April to 31st March. In exceptional circumstances alternative arrangements may be used if these have been agreed by the MO and the relevant Council Finance Officer. 12.2 The organisation receiving grant aid shall have a bank account in its name with three or more authorised signatories and cheques shall always be signed by two of them. The signatories of the bank account must be members of the Governing Body and an authorised senior staff, where necessary. The Treasurer must be one of the signatories. Two or more relatives (staff and/or Governing Body) must not be signatories at the same time. 12.3 Proper records and accounts must be kept showing how the money provided by the Council has been used. The Governing Body shall ensure that there are adequate and effective internal financial controls to protect the organisation's income and assets from misuse, abuse, waste and potential fraud. It is the duty of the organisation to be aware of the Council s Whistle Blowing procedure and other policies and codes of conduct to combat fraud and corruption. Organisations can seek advice from the MO. 12.4 The organisation is responsible for ensuring it complies with all statutory obligations regarding its operation, including the way it conducts its business with third parties. Proper financial management and accounting systems and practices, including proper arrangements for tax, National Insurance and VAT, where appropriate, must be established and maintained. 12.5 Where charges are levied for Council funded services/activities, pricing policy should reflect the Council's priorities such as concessions to target groups. 12.6 The council does not permit grant aid to be used to fund an organisation's deficit. Organisations will be required to raise funds of their own to clear the deficit when this occurs. 12.7 Moneys generated through fund raising, and other forms of income generation derived from the funded service/activities may be retained by the organisation to be invested in the service/activities or for the purpose of building a reserve fund. The specified use of this reserved fund that may be held without detriment to their approved grant must have the approval of the Council. The reserve fund will strengthen the organisation s independence and may be used for some of the following purposes: a contingency fund to meet redundancy payments and other employer's financial liabilities to provide additional equipment required to fund unexpected major premises costs where these costs must be met 12.8 The organisation shall indemnify and keep indemnified the Council from and against any and all loss, damage or liability whether criminal or civil suffered and legal fees and costs incurred in respect of the organisation s use of the grant. The indemnity to the Council includes, but is not limited to: 17
Any negligent act or omission or default of the organisation or its servants or agents; and Breaches in respect of any matter arising from the provision of services that are grant aided resulting in any successful claim by any third party. 12.9.1 The Council shall not be liable to the Service Provider for the death of or injury to the Service Provider or its Operatives or loss or damage to the Service Provider's property unless due to the negligence of the Council or it's servants or agents. 12.9.2 The Council shall not be liable for any consequential losses to the Service Provider howsoever caused 12.10 The organisation must be adequately insured to cover all risks as appropriate, including buildings, contents, employers and public liability, third party damages and Professional Indemnity. The Council will require the organisation to provide satisfactory documentary evidence that adequate insurance cover has been obtained. 12.11 Where the Council owns the building and the grant to the organisation includes an element for rent, rent payments will be automatically deducted from grant payments. If the grant includes an element for business rates, the business rates due to the Council may also be deducted. 12.12 All grants shall be paid in two equal instalments as outlined in the Service Specification. Grant payments are authorised by the MO depending on the satisfactory operation of the organisation and the funded service, and compliance with the conditions of grant aid. 13. MONITORING 13.1 The London Borough of Lambeth is accountable to residents for the money that it awards in grant aid. Monitoring is therefore an integral part of the Standard Conditions of Grant Aid. A written framework for the monitoring and evaluation of the funded service/activity shall be agreed between the MO and the organisation. 13.2 Under best value, the Council has to ensure its services meet the needs of local people, and are continually improving. We expect funded organisations to share this responsibility. The organisation shall provide evidence of sustained improvement against agreed performance indicators. 14. PROCEDURES FOR DEALING WITH THE COUNCIL ON THE CONDITIONS 14.1 The principal contact with the Council for each organisation is its MO. It is the responsibility of this officer to consult with the organisation on all matters relating to its funding. The MO shall raise problems with compliance with any of the conditions in the first instance with the organisation. Should the organisation be aware that difficulties exist, these must be reported immediately to the MO and discussions held by the Governing Body to address matters of concern. If a dispute should arise between the organisation and the MO with regards to compliance with or implementation of these conditions of grant aid and the organisation cannot resolve the dispute directly with the MO, the organisation may ask the appropriate Council departmental line manager to investigate. 14.2 It is in the interests of both the Council and the organisation to resolve conflict and disputes between them amicably by negotiation wherever possible, but in any event, these conditions of grant aid are without prejudice to the rights of the Council and the organisation. 14.3 Organisations which infringe the covenants or conditions of their lease with the Council, infringe bylaws, licences, create a nuisance or in any way act unlawfully are liable to have their grant immediately suspended, pending a full investigation and due consideration by the grant-awarding Directorate. 18
15. TERMINATION OF GRANT AID 15.1. Either party may terminate this agreement by 30 days notice in writing. 15.2. If at any time the Monitoring Officer is of the opinion that the Service Provider has failed to perform the Services or has failed to do so to the standard required by these conditions or the schedules or has failed to comply with some term or condition of the Agreement, and that such failure or breach is incapable of remedy, or in the event of levying of any distress of execution against the Service Provider or the making by him or her of any composition or arrangement with creditors or being a company, the Service Provider's, liquidation or in the event that the Service Provider shall have offered, or given, or agreed to give to any person any gift, or consideration of any kind as an inducement or reward for doing, or forbearing to do, or having done or forborne to do any action in relation to the obtaining of the Agreement or any other Agreement with the Council, or for showing or forbearing to show favour or disfavour to any person employed by the Service Provider or acting on the Service Provider's behalf (whether with or without the knowledge of the Service Provider), or if in relation to the Agreement or any other Agreement with the Council the Service Provider or any person employed by the Service Provider or acting on the Service Provider's behalf shall have committed any offences under the Public Bodies Corrupt Practices Act 1887, Prevention of Corruption Acts 1884-1906 and or Section 117 of the Local Government Act 1972 or shall have given any fee or reward to any member or officer of the Council which shall have been exacted or accepted by such officer by virtue of its office or employment and is otherwise than such officer's proper remuneration. Then the Council shall serve on the Service Provider a notice terminating all or part of this agreement. 15.3. The Council will, in all circumstances, seek to work with the Voluntary Organisation concerned to address any problems identified through the standard monitoring process, or concerns raised with the Council in another way. 15.4 In the event of failure to comply with any of these Standard Conditions of Grant Aid, the grant may be liable to be repaid immediately at the discretion of the Council, and no future payments shall be made. 15.5 Where there is evidence of a breach of these Conditions, the MO has the authority to withhold grant payments until the breach is remedied or until an action plan to remedy the breach is agreed. A recommendation to withdraw the grant and terminate the funding agreement may be made by the MO. The decision to terminate the funding agreement can only be made by the appropriate Council decision making body. 15.6 The MO is required to forward copies of draft reports/recommendation to the organisation for consultation before submission to the decision making body. 15.7 If the organisation ceases to operate for the purposes for which the grant was awarded, is wound up, declared insolvent or in any way ceases to operate, it may be held liable to repay to the Council all or part of the grant and must obtain the Council agreement for the appropriate disposal of all assets purchased with grant funding. 16 TERMINATION CONSEQUENCES 16.1 In the event of the agreement being terminated for the reasons contained in Condition 16.2 above the Council will: 19
16.1.1 cease to be under any obligation to make further payment until the costs, loss and/or damage resulting from or arising out of the termination of the Service Provider's engagement shall have been calculated; and 16.1.2 be entitled to employ and pay other persons to provide and complete the provision of the Services or any part thereof; and 16.1.3 be entitled to deduct from any sum or sums which would but for this Condition have been due from the Council to the Service Provider under this Agreement or any other Agreement, or be entitled to recover the same from the Service Provider as a debt, together with any loss or damage to the Council resulting from or arising out of the termination of the Service Provider's engagement. Such loss damage will include the reasonable costs to the Council of the time spent by its officers in terminating the Agreement, and in making alternative arrangements for the provision of the Services or any part thereof; and 16.1.4 calculate the cost of any loss and/or damage and other costs arising from the Council's termination of the Agreement and deduct the same from any sum or sums which may otherwise be due to the Service Provider. The Council will pay to the Service Provider any balance shown as due to the Service Provider or if appropriate will recover any balance shown due to the Council as debt. 16.2 The rights of the Council under this Condition are in addition to and without prejudice to any other rights the Council may have against the Service Provider. 16.3 The termination of the Agreement, howsoever arising, will be without prejudice to any rights or obligations theretofore accrued or to any provisions which are expressed to be performed after or to survive the termination of this Agreement. 17 NOTICES 17.1 Any demand, notice, or other communication required to be given hereunder shall be sufficiently served if served personally on the addressee, or if sent by prepaid first class recorded delivery post, by telex, electronic mail or facsimile transmission to the registered office or last known address of the party to be served therewith and if so sent shall subject to proof to the contrary be deemed to have been received by the addressee on the second business day after the date of posting or on successful transmission as the case may be. 18 APPEALS 18.1 Organisations funded by the Council which have specific concerns over the Council s decision regarding their funding, e.g. reduction or cessation of their grant, should follow the process in clauses 14 & 15 above. If the concern is not resolved satisfactorily, the organisation may resort to the Council s appeals procedure, a copy of which shall be provided by the MO. COUNCIL UNDERTAKINGS 1. Assign a named Monitoring Officer or Lead Monitoring Officer to your organisation for the duration of the funding agreement 2. Aim to release timely and accurate grant payments 3. Set achievable performance targets with your organisation 4. Visit and monitor your organisation at least once during the project 5. Keep your organisation informed of changes within the Council that have direct impact on: 20
service priorities the organisation the Council s relationship with the voluntary and community sector 6. Provide references for external funding proposals, where requested and deemed appropriate 7. Strive to provide a supportive service within the framework of the Council s vision and values and the principles of the Lambeth Compact. Acceptance Please sign below to indicate that you have read, understood and accept on behalf of your organisation the Standard Conditions of Grant Aid and the Monitoring & Evaluation Framework. Signatures: CHAIR (Name - please print) ----------------------------------------------------------- Signature ----------------------------------------------------------- Date: -------------- TREASURER (Name - please print) --------------------------------------------------- Signature ------------------------------------------------------------ Date: -------------- Organisation --------------------------------------------------------------------------------- Address --------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------- Please return to your Monitoring Officer: Name: Dawn Bunce Address: Culture and Communities 21
London Borough of Lambeth 5 th Floor, Phoenix House 10 Wandsworth Road LONDON SW8 2LL Department: Commissioning 22
SECTION 5: APPENDIX 1: Glossary of Terms Agreement Best Value Reviews Consultancy Lambeth Compact Grant Aid Governance Not-for-profit Partnership working Resources Services Service Level Agreements Service Users Statutory sector Volunteering Voluntary and community sector The Service Level Agreement as set out in these Conditions of Agreement and Standard Conditions of Grant Aid A statutory duty imposed on Local Government that is a process to check that public money is being well spent and to seek continuous improvement in service Engagement of specialist services, usually providing management or financial services and acting in an advisory role. An agreement on relations between the voluntary and community sector and the statutory sector in Lambeth. Funding provided by donor agency for carrying out specific projects. The way an organisation conducts its policy and business An organisation set up for charitable purposes A set of agreed procedures for people working together A general term which can include funding, staff, volunteers, premises, information, assets and equipment Provision and management of services as expressed in these conditions and specifications An agreement about the level and quality of service to be provided Individuals who use direct services or organisations that use support or advisory services. Organisations set up and funded directly by government A commitment of time and energy for the benefit of the community. Labour freely given and by choice, without concern for financial gain Organisations set up by individuals and groups to provide services and campaign on issues of concern to them; often funded by donations and grants. 23
APPENDIX 2: Service Providers Outline Programme of Delivery [Please include a brief outline of the programme you would like this grant award to fund and the timescale for delivery]. 24