dated first day of october 2011 london councils and ... · 5. the royal borough of kingston’s...

DATED First day of October 2011

LONDON COUNCILS

AND

GREATER LONDON ENTERPRISE LIMITED

AND

ROYAL BOROUGH OF KINGSTON

Agreement Relating to the Delivery and Funding of the Royal Borough of Kingston ESF Match Funded Employment Project

CONTENTS

Schedules

Conditions

1. Definitions and Interpretation 2. Allocated Party Responsibilities 3. Performance Monitoring 4. Financial Terms 5. The Royal Borough of Kingston’s Rights: the Delivery of the Royal Borough of Kingston’s

Project 6. London Councils’ and GLE’s Obligations: the Delivery of Royal Borough of Kingston’s

Project 7. Confidentiality, Freedom of Information and Data Protection 8. Records and Audit 9. Termination 10. Consequences of Expiry or Termination 11. Liability and Indemnity 12. Insurance 13. General Clauses

Schedule 1 Allocation of Tasks and Responsibilities Appendix 1: ESF Programme Cashflow Schedule

Appendix 2: GLE / London Councils Staff Task Allocation Spreadsheet Appendix 3: Royal Borough of Kingston’s Template Quarterly Project Monitoring Form

Schedule 2 ESF Programme Priorities

Schedule 3 Project Risk Register

Schedule 4

Specification

Schedule 5 Form of Project Delivery Agreement

Schedule 6 Royal Borough of Kingston’s Logo Guidelines

Schedule 7 London Councils Guidance: Undertaking an Equality Impact Assessment

ESF MATCH FUNDED EMPLOYMENT PROJECT AGREEMENT THIS AGREEMENT made the First day of October 2011 BETWEEN: LONDON COUNCILS a joint committee of the London local authorities established under sections 101 and 102 of the Local Government Act 1972 of 59 ½ Southwark Street, London, SE1 0AL (“London Councils”) AND GREATER LONDON ENTERPRISE LIMITED (Company No. 01653116) whose registered office is at 10-12 Queen Elizabeth Street, London SE1 2JN (“GLE”) AND ROYAL BOROUGH OF KINGSTON of Hollyfield House, 22 Hollyfield Road, Surbiton, Surrey, KT5 9AL (“Royal Borough of Kingston”). Together referred to as “the Parties”. BACKGROUND: A. London Councils is a Co-Financing Organisation for the purpose of delivering the

2007 – 2013 European Social Fund Programme for the development of employment and training opportunities across London (“the ESF Programme”). London Councils has statutory authority to deliver the ESF Programme under section 2 of the Local Government Act 2000 and section 48 of the Local Government Act 1985.

B. GLE was appointed by London Councils to provide management and support

services to the ESF Programme 2007-2013 which allows for delivery until December 2015, in line with ESF n+2 expenditure rules. London Councils and GLE will combine their skills and knowledge together with the resources and local expertise of the Participating Boroughs (as defined in Condition 1.1) to secure the effective and successful delivery of the ESF Programme.

C. The Parties wish to enter into an agreement confirming their contributions to and

participation in the delivery of Royal Borough of Kingston’s Project (as defined in Condition 1.1) being part of the ESF Programme.

D. This Agreement confirms the allocation of responsibilities for the delivery,

management and funding of Royal Borough of Kingston’s Project. The terms and conditions agreed by the Parties are set out below.

IT IS NOW AGREED by the Parties as follows: 1. DEFINITIONS & INTERPRETATION 1.1 In this Agreement, unless the context requires otherwise, the following words and

expressions shall have the following meanings: “Agreement” Means this agreement concluded between London

Councils, GLE and Royal Borough of Kingston consisting

of the terms and conditions and any annexed appendices and schedules and any other documents referred to in the agreement;

“Appointed Provider” Means the organisation appointed by the Parties to deliver Royal Borough of Kingston’s Project in accordance with the terms of the Project Delivery Agreement to be entered into with London Councils;

“Royal Borough of Kingston Funding”

Means the sum of funding which Royal Borough of Kingston shall pay to London Councils towards the Project Cost for the delivery of Royal Borough of Kingston’s Project as detailed in Condition 4 (Financial Terms);

“Royal Borough of Kingston’s Project”

Means Royal Borough of Kingston’s employment project as described in the Specification, being one of the Projects forming part of the ESF Programme;

“Confidential Information”

Means any information which has been designated as confidential by either party in writing or that ought to be considered as confidential (however it is conveyed or on whatever media it is stored) including information which relates to the business, affairs, properties, assets, trading practices, services, developments, trade secrets, Intellectual Property rights, know-how, personnel, customers, service users and suppliers of any Party;

“the Commencement Date”

Means First October 2011 being the date that this Agreement comes into effect;

“Eligible Costs” Means the expenditure to be incurred in the Appointed

Provider’s delivery of Royal Borough of Kingston’s Project and which is deemed ‘eligible’ by definition in the current edition of the ESF in Great Britain Manual and in accordance with relevant legislation;

“ESF / European Social Fund”

Means one of the European Union’s Structural Funds which was created to support employment and to assist in the development of people’s education and skills to improve employment opportunities in the European Union and thereby help raise standards of living;

“ESF Funding”

Means the sum of ESF monies which London Councils shall pay towards the Project Cost in accordance with Condition 4 (Financial Terms);

“the ESF Programme” Means London Councils’ 2007 – 2013 European Social Fund Programme for the development of employment and training opportunities across London to tackle the low employment rate in the region, to specifically address the two priorities more particularly described in Schedule 2 (ESF Programme Priorities);

“Force Majeure” Means any event or occurrence which is outside the

reasonable control of the Party concerned, and which is not attributable to any act or failure to take preventative action by the Party concerned, including (but not limited to) governmental regulations, fire, flood, or any disaster; it does not include any industrial action occurring within a Party’s organisation or within any Party’s sub-contractor’s organisation;

“Intellectual Property”

Means all manner of intellectual property rights including without limitation patents, trademarks and service marks, logos, copyright and design right and know-how (whether registrable or not in any country);

“Participating Boroughs”

Means the 16 London Boroughs which are participating in the delivery of the ESF Programme being the London Boroughs of Barking & Dagenham, Barnet, Croydon, Ealing, Enfield, Hammersmith & Fulham, Hillingdon, Hounslow, Lambeth, Lewisham, Southwark, Tower Hamlets, City of Westminster, the Royal Borough of Kensington and Chelsea, the Royal Borough of Kingston upon Thames and the City of London Corporation;

“Party Representatives”

Means the representative of each Party specified in Condition 13.3 being authorised to act on behalf of that Party for the purposes of this Agreement;

“Project” Means a particular Participating Borough’s employment

project forming part of the ESF Programme;

“Project Cost” Means the total amount payable by London Councils to the Appointed Provider under the Project Delivery Agreement relating to the delivery of Royal Borough of Kingston’s Project;

“Project Closure Report”

Means the report to be prepared and submitted by the Appointed Provider at the end of Royal Borough of Kingston’s Project to London Councils which details the conclusion of that particular Project.

“Project Delivery Agreement”

Means the agreement to be entered into by London Councils and each provider selected to deliver a particular Participating Borough’s Project in the form of agreement appended at Schedule 5 (Form of Project Delivery Agreement);

“Project Risk Register” Means the schedule detailing the ESF Programme risks including the allocation of responsibility of such risks to each Party as appended at Schedule 3;

“the Prospectus” Means the tender documentation dated October 2008 prepared with input from Participating Boroughs and issued by London Councils to procure service providers to deliver Participating Boroughs’ Projects;

“Quarterly Return” Means the report to be submitted each quarter by the

Appointed Provider to London Councils in accordance with the Project Delivery Agreement detailing participants on Royal Borough of Kingston’s Project, Royal Borough of Kingston Project activities and outputs, and results of Project Cost payments;

“Specification” Means the detailed description of Royal Borough of Kingston’s Project appended as Schedule 4 (Specification) which was included in the Prospectus and which forms part of the Project Delivery Agreement to be entered into by London Councils and the Appointed Provider for the delivery of Royal Borough of Kingston’s Project;

“Staff”

Means all persons employed or engaged by a Party to perform the Agreement including any servants, agents and sub-contractors used in the performance of the Agreement;

“Term” Means the period during which this Agreement shall be in force, being the period beginning on the Commencement Date 1st April 2012 and ending on the expiry of the London Councils’ Project Delivery Agreement with the Appointed Provider 30th June 2015; and

“Working Day”

Means from 9.00 am to 5.00 pm on any week day, being a day other than Saturdays, Sundays and Public Holidays and “working hours” shall be construed accordingly.

1.2 In this Agreement:

1.2.1 References to a Party will include all employees, agents or persons engaged by the Party (as applicable) for the purposes of performing this Agreement including others (if any) acting under a Party’s orders, supervision or control or both;

1.2.2 Reference to a person includes any individual, firm, unincorporated

association or body corporate; 1.2.3 The headings in this Agreement are included for ease of reference only and

shall not affect the interpretation or construction of this Agreement; 1.2.4 Singular includes the plural and vice versa and references to any gender

includes both genders; 1.2.5 Any reference to any statute or any section of any statute includes any

statutory extension, amendment, modification, consolidation or re-enactment and any statutory instrument, order or regulation made under any statute for the time being in force;

1.2.6 References to clauses or Schedules are references to clauses and Schedules

of this Agreement and the provisions of the Schedules are incorporated in this Agreement; and

1.2.7 The words “include”, “includes” and “including” are to be construed as if they

were immediately followed by the words “without limitation”.

2. ALLOCATED PARTY RESPONSIBILITIES 2.1 Each Party shall deliver the tasks and responsibilities allocated to them as detailed in

Schedule 1 (Allocated Tasks and Responsibilities) in accordance with the terms of this Agreement and for the duration of the Term.

2.1.1 London Councils’ responsibilities for the management of the ESF Programme

require an agreed total of 236 days over the Term apportioned as the case may be to suit the requirements of Royal Borough of Kingston’s Project;

2.1.2 GLE’s responsibilities require an agreed total of 2728 days over the duration

of the Term apportioned as the case may be to suit the requirements of Royal Borough of Kingston’s Project;

2.1.3 Royal Borough of Kingston shall provide sufficient resources (for example,

staff and time) as reasonably necessary to perform its allocated responsibilities in accordance with the terms of this Agreement;

2.2 If any Party is unable to deliver its tasks and responsibilities at any time during the

Term, the Parties shall discuss and agree the reallocation of the tasks and responsibilities as well as the costs associated with those.

2.2.1 Any changes to the allocation of tasks and responsibilities shall be negotiated

and agreed by the Parties at the Quarterly Monitoring Meetings. 2.2.2 Any agreement reached pursuant to this Condition shall be confirmed in

writing, signed by duly authorised representatives of each Party and be appended as an addendum or amendment to this Agreement.

3. PERFORMANCE MONITORING 3.1 The delivery and effectiveness of this Agreement, each Party’s performance of

this Agreement in particular, will be monitored at quarterly meetings attended by representatives from London Councils, GLE and Royal Borough of Kingston, including the Party Representatives (“Quarterly Monitoring Meetings”), as specified in Schedule 1.

3.1.1 The meetings shall be held at Royal Borough of Kingston. 3.1.2 The meetings shall be minuted by GLE. The minutes shall be circulated

to all attendees and kept on file by each Party for future reference. 3.2 The Project Risk Register will be regularly assessed at the quarterly monitoring

meetings and amended as appropriate to ensure the Parties’ performance of this Agreement and the delivery of Royal Borough of Kingston’s Project accords with the requirements of the ESF Programme, the ESF and the Specification.

3.3 Responsibility for monitoring the delivery of this Agreement is allocated to:

3.3.1 The ESF Project Manager at London Councils; 3.3.2 The Managing Director, GLE Consulting at GLE; and 3.3.3 Adult Care , Simon Pearce.

4. FINANCIAL TERMS

4.1 The Project Cost is the maximum sum of £720,000.00 (adjusted to reflect the retention of £36,000.00 payable to London Councils for administering the Project). Subject to the above retention, the Project Cost shall be funded as follows: 4.1.1 Royal Borough of Kingston shall fund 50% of the Project Cost, amounting

to £ 360,000.00 (“Royal Borough of Kingston Funding”); and 4.1.2 London Councils shall fund the remaining 50% of the Project Cost,

amounting to £360,000.00 (“the ESF Funding”).

4.2 The Project Cost shall be paid by London Councils to the Appointed Provider in instalments in accordance with the terms of the Project Delivery Agreement and as follows:

4.2.1 15% of the total sum of the Eligible Costs of Royal Borough of Kingston’s

Project to be paid in advance; and 4.2.2 £4,010.00 of the ESF Funding shall be retained until the Appointed

Provider(s) has submitted the Project Closure Report. 4.2.3 The balance of the Project Cost shall be paid in quarterly instalments in

arrears subject to the Appointed Provider: i. Submitting correctly completed invoices; ii. Meeting the agreed outputs (as detailed in the Specification); and iii. Submitting properly completed Quarterly Returns.

4.3 Subject to Royal Borough of Kingston paying Royal Borough of Kingston Funding

in accordance with Condition 4.4, London Councils shall be solely responsible for the payment of the Project Cost. London Councils shall ensure that it holds at all times during the Term sufficient funds from Royal Borough of Kingston and/or from the ESF to make the required instalment payments of the Project Cost to the Appointed Provider for the delivery of Royal Borough of Kingston’s Project. The ESF Programme Cashflow Schedule (attached as Appendix 1 to Schedule 1) reflects anticipated patterns of cashflow for the duration of the Term and the terms of Condition 4.2 above.

4.4 Subject to Condition 5.5, Royal Borough of Kingston shall pay Royal Borough of

Kingston Funding in instalments to London Councils in accordance with the ESF Programme Cashflow Schedule unless the Appointed Provider’s pattern of spending for the delivery of Royal Borough of Kingston’s Project, as confirmed by the Appointed Provider’s quarterly invoices and London Councils’ monitoring of the Appointed Provider’s performance, indicates a lower level of expenditure than the Project Cost.

4.5 If Royal Borough of Kingston fails to make the payments of Royal Borough of

Kingston Funding in accordance with Condition 4.4 as and when they are due, London Councils shall not be liable to pay the ESF Funding to the Appointed Provider and shall not be liable to the Appointed Provider for any shortfall owed by Royal Borough of Kingston in respect of Royal Borough of Kingston Funding.

4.6 Royal Borough of Kingston Funding does not represent consideration for a

taxable supply to London Councils and is therefore not subject to value added tax (“VAT”). In the event that HM Revenue and Customs rule that VAT is payable, then Royal Borough of Kingston Funding shall be deemed to be inclusive of VAT.

4.7 The Agreement is predicated on the principle of cost recovery: that is, that all

costs incurred by GLE or by London Councils, will be reimbursed through the London Councils from the Borough/ESF Co-financing Programme budget, provided that a quality and effective service is provided. The basis of cost recovery has been agreed with the Greater London Authority European Programmes Management Unit, in terms of overhead costs incurred solely by the provision of management support to the Borough/ESF Co-financing Programme, and on this basis an hourly rate has been agreed by London Councils, GLE and GLA EPMU.

4.8 The costs of this resource and direct costs, which will come from the programme

management and administration budget covered in equal measure by the borough and ESF contributions, is estimated at £559,611 on the cost-recovery basis agreed by London Councils, GLE and GLA EPMU. This amount will be amended to take account salary increments and cost-of-living salary increases over the period. Should the total amount available for the management and administration of the programme fall below £457,000 then GLE and London Councils reserve the right to re-negotiate conditions 2.1 in accordance with condition 2.2.

4.9 London Councils and GLE staff will ensure that all time incurred by this work is

evidenced in timesheets which will be provided to GLA EPMU as required as evidence for expenditure claims. Invoices and receipts will be provided to back up all claims for non-staffing costs including any temporary consultants.

4.10 Detailed work plans have been produced for the period of the Agreement, and

indicative costings attached to those (Appendix 1). Costs are likely to be amended within the period of the Agreement (for example, to take account of agreed staff salary increments or cost of living salary increases) but such amendments must be kept within 5% of the costs indicated in this Agreement, with the exception of additional tasks reallocated in the course of the Agreement period.

5. ROYAL BOROUGH OF KINGSTON’S RIGHTS: THE DELIVERY OF ROYAL

BOROUGH OF KINGSTON’S PROJECT 5.1 London Councils shall consider and take appropriate and reasonable action to

address any comments, concerns or requested changes to the Specification which Royal Borough of Kingston may notify London Councils of with regards to London Councils’ management of the Appointed Provider and the delivery of Royal Borough of Kingston’s Project.

5.2 Royal Borough of Kingston may request London Councils to terminate the Project

Delivery Agreement with the Appointed Provider at any time if Royal Borough of Kingston in its reasonable opinion considers there to be reasonable grounds to request its termination.

5.3 Royal Borough of Kingston may request London Councils to novate the Project

Delivery Agreement from London Councils to Royal Borough of Kingston at any time during the Term, subject however to London Council’s unchallengeable and final decision whether or not to so novate. If London Councils agrees, it shall action such request subject to compliance with any ESF requirements.

5.4 Royal Borough of Kingston shall be provided with any information it may require in relation to London Councils’ Project Delivery Agreement with the Appointed Provider and/or the Appointed Provider’s performance and/or the delivery of Royal Borough of Kingston’s Project (subject to any limitations or conditions imposed by the Project Delivery Agreement), and any such requests shall be made in writing in good time to London Councils copied to GLA EPMU. The information shall be provided within a reasonable period of time from the date Royal Borough of Kingston makes such request to London Councils.

5.5 Royal Borough of Kingston may inspect the delivery of Royal Borough of Kingston’s

Project which may include interviewing Staff of the Appointed Provider, London Councils or GLE engaged in the delivery of Royal Borough of Kingston’s Project and users of the services delivered under Royal Borough of Kingston’s Project.

5.6 Royal Borough of Kingston may reduce suspend or withhold Royal Borough of

Kingston Funding or require all or part of Royal Borough of Kingston Funding to be repaid by London Councils if:

(a) Royal Borough of Kingston reasonably judges the delivery of Royal

Borough of Kingston’s Project to be unsatisfactory;

(b) London Councils fails to comply with any material term or condition of this

Agreement;

(c) This Agreement is terminated in accordance with Condition 9 (Termination);

(d) The Project Delivery Agreement is terminated for any reason whatsoever in

accordance with its terms; (e) There is a substantial change to Royal Borough of Kingston’s Project which

Royal Borough of Kingston has not approved; (f) Royal Borough of Kingston Funding has not been used for the purpose for

which it was given; (g) There has been an overpayment of Royal Borough of Kingston Funding;

(h) Royal Borough of Kingston has to repay funding from which Royal Borough of

Kingston Funding was allocated;

(i) Royal Borough of Kingston reasonably believes that all necessary approvals to

lawfully deliver Royal Borough of Kingston’s Project have not been obtained or all relevant law has not been complied with;

(j) Royal Borough of Kingston has consented to a change in Royal Borough of

Kingston’s Project which in its opinion reduces the amount of Royal Borough of Kingston Funding needed; and

(k) Any other circumstances or events that in the reasonable opinion of Royal

Borough of Kingston are likely to adversely affect the successful delivery of Royal Borough of Kingston’s Project in accordance with the terms of this Agreement, including the Specification, or result in a risk that Royal Borough of Kingston’s Project as approved will not be completed.

5.6.1 The provisions of this Condition 5.5 are without prejudice to any other rights of Royal Borough of Kingston including those set out in Condition 9 (Termination).

5.6.2 London Councils agrees that on receipt of notice requiring repayment of Insert

name of borough] Funding that it will make such repayment within 20 Working Days of receipt of such notice.

6. LONDON COUNCILS’ AND GLE’S OBLIGATIONS: THE DELIVERY OF ROYAL

BOROUGH OF KINGSTON’S PROJECT 6.1 London Councils shall ensure that the terms of the Project Delivery Agreement with

the Appointed Provider: 6.1.1 reflect and incorporate:

(i) The terms of Conditions 5 and this Condition 6; (ii) The tasks and responsibilities allocated to Royal Borough of Kingston

as detailed in Schedule 1; (iii) Royal Borough of Kingston’s logo guidelines as detailed in Schedule 6;

and (iv) Any other relevant Conditions; and

6.1.2 Subject to agreement by the Appointed Provider, include a term providing for Royal Borough of Kingston to have the right to enforce the terms of the Project Delivery Agreement between London Councils and the Appointed Provider pursuant to the Contracts (Rights of Third Parties) Act 1999.

6.2 London Councils shall:

(i) Take all necessary steps to ensure that Royal Borough of Kingston’s Project is diligently carried out by the Appointed Provider in accordance with the terms of the Project Delivery Agreement;

(ii) Take all necessary steps to ensure that Royal Borough of Kingston Funding is

not used: a. to fund any activity other than the delivery of Royal Borough of Kingston’s

Project; b. to support or assist activities which are political or of an exclusively

religious nature or which may bring Royal Borough of Kingston into disrepute; and

c. to pay for any loss or damage resulting from an insured risk. (iii) Effect any changes to the Specification to accommodate the needs and

requirements of Royal Borough of Kingston provided that London Councils shall be entitled to payment for any additional costs it incurs as a result of any such changes and the amount of such additional costs shall be agreed in writing and provided London Councils shall not be liable for breaching the conditions imposed by the ESF Programme;

(iv) As may be required by Part D. of Schedule 1, keep a full proper and auditable

record of the progress of Royal Borough of Kingston’s Project and the expenditure incurred in the delivery of Royal Borough of Kingston’s Project;

(v) Take steps to ensure that Royal Borough of Kingston is permitted at all

reasonable times and upon such notice as is reasonable in all the circumstances to inspect Royal Borough of Kingston’s Project and the progress made;

(vi) Prepare and submit promptly to Royal Borough of Kingston such reports as

Royal Borough of Kingston may reasonably require along with the record kept by London Councils in accordance with (ii) above;

(vii) Not use Royal Borough of Kingston’s logo unless it has sought and obtained

Royal Borough of Kingston’s prior written approval to do so and complies with Royal Borough of Kingston’s logo guidelines, as London Councils has no rights in respect of Royal Borough of Kingston’s logo;

(viii) Not knowingly or recklessly do, permit or omit to do, anything that may attract

adverse publicity or damage the reputation of Royal Borough of Kingston.

(ix) Take steps to ensure that the Appointed Provider abides by the requirements contained in Schedule 7.

The terms of this Condition 6.2 shall apply equally to GLE in its capacity as a provider of management and support services to the ESF programme for the purposes of the Project Delivery Agreement.

6.3 Further to Condition 13.6 (No Agency or Partnership), in performing the Project

Delivery Agreement, London Councils and GLE (including their Staff or agents) shall each be acting as principal and not as the agent of Royal Borough of Kingston and shall not hold themselves out as such. Accordingly: (i) London Councils and GLE shall not (and shall procure that their Staff do not)

say or do anything that might lead any other person to believe that London Councils or GLE is acting as the agent of Royal Borough of Kingston; and

(ii) Nothing in this Agreement shall impose any liability on Royal Borough of Kingston in respect of any liability incurred by London Councils or GLE to any other person including the Appointed Provider, excluding any liability of Royal Borough of Kingston to London Councils and/or GLE that may arise by virtue of Royal Borough of Kingston’s breach of this Agreement or by negligence on the part of Royal Borough of Kingston or Royal Borough of Kingston’s Staff; and

(iii) London Councils or GLE are not authorised to, and shall not hold themselves out as being authorised to, bind Royal Borough of Kingston in any way.

7. CONFIDENTIALITY, FREEDOM OF INFORMATION, DATA PROTECTION AND

PUBLICITY 7.1 Each Party shall:

7.1.1 treat all Confidential Information belonging to any other Party as confidential and safeguard it accordingly;

7.1.2 not use any Confidential Information it receives from any other Party otherwise than for the purposes of the Agreement;

7.1.3 not disclose any Confidential Information belonging to any other Party to any other person without the prior written consent of that other Party except: (a) to such persons and to such extent as may be necessary for the

performance of the Agreement; or (b) where disclosure is otherwise expressly permitted by the provisions of

this Agreement; and 7.1.4 take all necessary precautions to ensure that all Confidential Information is

treated as confidential by its Staff. 7.2 The provisions of Condition 7.1 shall not apply to any Confidential Information

received by one Party from another Party which: 7.2.1 is or becomes public knowledge (otherwise than by breach of this

Condition); 7.2.2 was in the possession of the receiving Party without restriction as to its

disclosure before receiving it from the disclosing Party; 7.2.3 is received from a third party who lawfully acquired it and who is under no

obligation restricting its disclosure; 7.2.4 is independently developed without access to the Confidential Information;

or 7.2.5 must be disclosed pursuant to a statutory, legal or parliamentary obligation

placed upon the Party making the disclosure, including any requirements for disclosure under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004.

7.3 It is acknowledged by the Parties that each Party is a ‘public authority’ for the

purpose of the Freedom of Information Act 2000 (“the FOIA”). If a Party receives a request for information made pursuant to the FOIA (“the Obligated Party”):

7.3.1 The Obligated Party shall, wherever reasonably practical, consult with the

other Parties before disclosing information that relates to another Party or both other Parties.

7.3.2 The Obligated Party will determine (in its absolute discretion) and be

responsible for its response to any request for information made to it under the FOIA and shall not be liable to the other Parties or any other person for any loss suffered as a result of any bona fide disclosure of information under the FOIA.

7.3.3 The other Parties shall:

(i) assist the Obligated Party at no additional charge in meeting any reasonable requests for information which are made to it in connection with the FOIA or any other similar legislation, regulations, guidelines or codes of practice; and

(ii) not respond to or enter into correspondence with any person requesting information from the Obligated Party under the FOIA.

7.4 The Parties shall comply with the provisions of the Data Protection Act 1998 so far as applicable to the provisions of this Agreement. This provision shall apply for the duration of the Agreement and indefinitely after the expiry of the Term.

7.5 Each Party (‘the Breaching Party’) shall indemnify and keep indemnified each other

Party against all actions, claims, demands, proceedings, damages, costs, losses, charges and expenses whatsoever in respect of any breach by the Breaching Party of this Condition 7.

7.6 Each Party shall obtain the prior written consent of the other Parties to all promotional

activity or public statements or press releases in relation to this Agreement and Royal Borough of Kingston’s Project.

7.7 In the event that a Party fails to comply with this Condition 7, the other Parties may

terminate the Agreement by notice in writing with immediate effect.

8. RECORDS AND AUDIT

8.1 Each Party shall keep and maintain until the 31 December 2022 full and accurate records of the Agreement (whether the Agreement expires or is terminated early), including the contributions of each Party towards the delivery of Royal Borough of Kingston’s Project (funding, staff resources etc) and all payments made by Royal Borough of Kingston and London Councils during the Term (“the Contract Records”).

8.2 London Councils and GLE shall upon request provide Royal Borough of Kingston or

Royal Borough of Kingston’s representatives such reasonable access to those Contract Records as may be required by Royal Borough of Kingston in relation to the Agreement during or after the expiry or earlier termination of the Agreement, subject to Royal Borough of Kingston giving adequate prior notice appropriate to the circumstances. Such access may include granting Royal Borough of Kingston permission to copy the Contract Records.

8.3 London Councils and GLE will provide Royal Borough of Kingston with all reasonable

assistance in the carrying out of any audit investigation of this Agreement. For the avoidance of doubt, Royal Borough of Kingston’s representatives will ensure that any information obtained in the course of the audit concerning London Councils’ and GLE’s (as applicable) business will be kept in the strictest confidence and will not be used for any purpose other than the proper conduct of the audit.

9. TERMINATION 9.1 London Councils and/or Royal Borough of Kingston may terminate the

Agreement with immediate effect by notice in writing to the other Parties where GLE: (a) undergoes a change of control within the meaning of section 416 of the

Income and Corporation Taxes Act 1988 (UK) which impacts adversely and materially on the performance of the Agreement, unless London Councils and Royal Borough of Kingston have agreed in advance to the particular change of control that occurs; or

(b) (being a company), passes a resolution for winding up (otherwise than for the purposes of an amalgamation or reconstruction) or a court makes an order to that effect; or

(d) has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets; or

(e) becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or

(f) ceases or threatens to cease to carry on business. 9.2 A Party (“the non-defaulting party”) may terminate the Agreement (in whole or in

part) with immediate effect by written notice to the other Parties if one of the other Parties is in material breach of any of the terms of this Agreement, and in the case of a breach capable of remedy following mediation, fails to remedy such breach to the satisfaction of the non-defaulting party within 14 days of receipt of written notice giving full particulars of the breach and of the steps required to remedy it.

9.3 This Agreement shall automatically end upon the termination of the Project

Delivery Agreement relating to Royal Borough of Kingston’s Project. 9.4 Force Majeure: A Party (“the affected party”) shall not be liable to any other Party

for any delay in or failure to perform its obligations under the Agreement (other than a payment of money) if such delay or failure results from a Force Majeure event. Notwithstanding the foregoing, on the affected party becoming aware of the Force Majeure Event, the affected party shall: (ii) Promptly inform the other Parties of the Force Majeure event, giving details

of the Force Majeure event with a reasonable estimate of the period during which the Force Majeure Event will continue; and

(iii) Use all reasonable endeavours to continue to perform its obligations under the Agreement for the duration of such Force Majeure event.

9.5 Prevention of Corruption: 9.5.1 This Agreement may be terminated by Royal Borough of Kingston without

prejudice to the accrued rights and liabilities of the Parties in the event that London Councils or GLE shall have offered, given, or agreed to give to any person any gift or consideration of any kind as an inducement or reward for doing, or not doing, or having done or refrained from doing any action in relation to obtaining this Agreement, or if in relation to the Agreement, London Councils or GLE or any other person employed by London Councils or GLE or acting on London Councils’ or GLE’s behalf shall have committed any offence under the Prevention of Corruption Acts 1889 to 1916 and the Bribery Act 2010.

9.5.2 On the occurrence of any such event, Royal Borough of Kingston shall be entitled

at its option to rescind the Agreement or to terminate the Agreement with immediate effect and to recover from London Councils or GLE (as applicable) the amount of any loss resulting from such rescission or termination.

10. CONSEQUENCES OF EXPIRY OR TERMINATION 10.1 The expiry or earlier termination of this Agreement on whatever basis shall be

without prejudice to any rights or obligations of any Party which have accrued prior to such termination and nothing in this Agreement shall prejudice the right of a Party to recover any amount outstanding as at the date of such termination or expiry.

10.2 Upon expiry or termination of this Agreement (for whatever reason): 10.2.1 Royal Borough of Kingston may require repayment of all or part of Royal Borough

of Kingston Funding paid to London Councils.

10.2.2 London Councils and GLE shall, at no cost to Royal Borough of Kingston, promptly provide such assistance and comply with such timetable as Royal Borough of Kingston may reasonably require for the purpose of ensuring an orderly transfer of responsibility on cessation of Royal Borough of Kingston’s Project or upon the expiry or other termination of this Agreement. Royal Borough of Kingston shall be entitled to require the provision of such assistance both prior to and for a reasonable period of time after the expiry or other termination of this Agreement and London Councils and GLE will provide such assistance.

(a) Such assistance may include the delivery of documents and data in the

possession or control of London Councils or GLE which relate to Royal Borough of Kingston Funding and/or Royal Borough of Kingston’s Project.

(b) On transfer of responsibility for the delivery of Royal Borough of

Kingston’s Project, employees of the Appointed Provider may have rights under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (as amended) (“TUPE”). London Councils shall indemnify Royal Borough of Kingston against any costs Royal Borough of Kingston may incur if TUPE applies.

10.2.3 Subject as otherwise provided, each Party shall not have any further obligation to

the other Parties under the Agreement.

10.3 The terms of this Agreement which by their nature are intended to survive expiry or termination of this Agreement shall accordingly survive the expiry or termination of the Agreement. Such terms shall include: 2 (Party Responsibilities); 4 (Financial Terms); 5 (Royal Borough of Kingston’s Rights); 6 (London Councils’ and GLE’s Obligations); 7 (Confidentiality etc); 8 (Records and Audit); 9 (Termination); 10 (Consequences of Expiry or Termination); 11 (Liability and Indemnity); 12 (Insurance); 13.3 (Notices); 13.7 (Waiver); 13.8 (Severability); 13.10 (Dispute Resolution) and 13.11 (Law and Jurisdiction).

11. LIABILITY AND INDEMNITY 11.1 Each Party’s liability shall not be limited in respect of the following:

(i) fraudulent misrepresentation; (ii) death or personal injury caused by its negligence; (iii) infringement of third party Intellectual Property Rights; or (iv) any other liability to the extent such liability may not be excluded or limited

as a matter of law. 11.2 London Councils shall indemnify and keep indemnified Royal Borough of

Kingston from and against all claims, proceedings, actions, damages, liability, costs, losses and expenses of whatever nature, including those arising from or relating to any fraud, recklessness, wilful default, negligence, or gross incompetence by or of London Councils and/or GLE (including their Staff) which may be brought against Royal Borough of Kingston or incurred by it, arising directly or indirectly out of or in connection with London Councils’ and/or GLE’s performance of this Agreement.

PROVISO: This indemnity shall not apply to the extent that London Councils and/or GLE can demonstrate that such claims, proceedings, actions, damages, liability, costs, losses and expenses arise from:

(a) any fraudulent, reckless, negligent, or grossly incompetent act or omission by Royal Borough of Kingston including its Staff; or

(b) a Force Majeure event.

11.3 Subject to the proviso below, Royal Borough of Kingston shall be liable for and shall reimburse London Councils and/or GLE in respect of all direct losses, actions, claims, costs and liabilities arising out of breach of contract, common law or statute by Royal Borough of Kingston or any person for whom Royal Borough of Kingston is responsible.

PROVISO: Royal Borough of Kingston shall not be liable for and shall not reimburse London Councils and/or GLE pursuant to this Condition 11.3 where Royal Borough of Kingston (acting reasonably) can demonstrate that such direct losses, actions, claims, costs and liabilities arise from: (a) any fraudulent, reckless, negligent or grossly incompetent act or omission

by London Councils and/or GLE including its Staff; or (b) a Force Majeure event.

11.4 None of the Parties shall be liable for indirect and consequential claims and

losses, which for the purposes of this Agreement is defined as: liability for any loss of profits, loss of income, loss of business, loss of data, loss of revenue, loss of goodwill, loss of anticipated savings, or losses calculated by reference to profits, income, business, data, revenue, goodwill, anticipated savings or any special, indirect or consequential loss or damage of any kind whatsoever and howsoever caused arising out of or in connection with this Agreement.

12. INSURANCE 12.1 Each Party shall effect and maintain with reputable insurers such policy or

policies of insurance as may be necessary to cover that Party’s obligations and liabilities under this Agreement.

12.2 Upon request a Party shall provide to the other Party a copy of the policies

effecting the insurances referred to in Condition 12.1 together with documentary evidence of all premiums having been paid.

12.3 The Parties shall not do or permit to be done anything which would make the

insurance cover taken out under this Condition void or voidable. The terms of any insurance policy or the amount of insurance cover shall not limit a Party’s liability under this Condition in any way.

12.4 The Parties shall ensure that their respective sub-contractors (if any) maintain

insurance policies for the same risks as those required to be provided by the Parties under this Condition.

13. GENERAL 13.1 Third Party Rights: Unless otherwise expressly included in the Agreement, any

rights of third parties to enforce the provisions of the Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999 are excluded.

13.2 Variation: Any amendment or variation of the terms of this Agreement shall be

discussed and agreed by the Parties at the Quarterly Monitoring Meetings. This Agreement may only be amended or varied by the Parties’ mutual agreement evidenced in writing and signed by duly authorised representatives of each Party.

13.3 Party Representatives and Notices: The Party representatives and contact

details are noted below:

For London Councils: Penny Phillips, ESF Project Manager 59 ½ Southwark Street, London SE1 0AL Tel: 020 7934 9638

Fax : 020 7934 9999 Email: [email protected]

For GLE: Stephen Boon, Managing Consultant 10-12 Queen Elizabeth Street, London SE1 2JN Tel: 020 7940 1565

Fax : 020 7089 3201 Email: [email protected]

For Royal Borough of KingstonSimon Pearce Executive Head of Adult Care Hollyfield House, 22 Hollyfield Road

Surbiton Surrey KT5 9AL

Tel: 020 8547 6110 Fax : ……………………………….. Email: [email protected]

(i) Notices given pursuant to this Agreement shall be in writing and may be delivered personally by hand, by ordinary pre-paid first class post or by facsimile to the Party’s address stated in this Agreement or such other address as has been notified in accordance with this Condition.

(ii) A notice shall be deemed delivered as follows:

(a) If delivered personally by hand, at the time of delivery; (b) If sent by mail, on the second business day after posting; (c) If sent by facsimile, at the time the sender’s facsimile machine

acknowledges receipt by issuing a successful transmission report. 13.4 Entire Agreement: The Agreement shall constitute the sole and entire

agreement between the Parties. The Agreement supersedes all prior negotiations, representations and undertakings, whether written or oral, except that this Condition shall not exclude liability in respect of any fraudulent misrepresentation.

13.5 Sub-contracting, Assignment and Novation: 13.5.1 Each Party’s rights pursuant to this Agreement are exclusive to each respective

Party and are not assignable or transferable. 13.5.2 Unless otherwise expressly included in the provisions of this Agreement, none of

the Parties may sub-contract any part of the delivery of Royal Borough of Kingston’s Project or the performance of this Agreement.

13.6 No Agency or Partnership: The terms of this Agreement do not create a

relationship of partnership or agency between the Parties. No Party shall represent itself to others as an agent of another Party. Nothing in the Agreement shall be construed as creating a partnership or a contract of employment between Royal Borough of Kingston, London Councils and/or GLE.

13.7 Waiver: Failure by any Party at any time to enforce the terms of this Agreement,

or to require performance by another Party of any of the terms of the Agreement, shall not be construed as a waiver of or as creating an estoppel in connection with any such term and shall not affect the validity of the Agreement or any part of it or the right to enforce any term of the Agreement.

13.8 Severability: If any provision of this Agreement is prohibited by law or judged by

a court to be unlawful, void, or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances, the validity or the enforcement of this Agreement.

13.9 Counterparts: This Agreement may be executed in one or more counterparts.

Any single counterpart or a set of counterparts executed, in either case, by all the Parties shall constitute a full original of this Agreement for all purposes. A faxed copy of this Agreement may be executed by the Parties and shall constitute a valid executed contract.

13.10 Dispute Resolution: 13.10.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute

between them arising out of or in connection with the Agreement within 30 days of a Party notifying the other Parties of the dispute.

13.10.2 Any Party may at any time formally refer such dispute to:

(i) The Head of Grants, in the case of London Councils; (ii) Managing Director, in the case of GLE; and (iii) ………………………………………………., in the case of Royal Borough of

Kingston.

13.10.3 If negotiations of the type described in this Condition fail, then the Parties may submit to the jurisdiction of the English courts.

13.11 Law and Jurisdiction: This Agreement is governed by English Law and the

exclusive jurisdiction of the English Courts.

IN WITNESS WHEREOF the Parties have duly executed and delivered this Agreement

as a deed on the date set out above. The Common Seal of LONDON ) COUNCILS was hereto affixed ) by order )

____________________________ Authorised Officer Chief Executive

London Councils John O’Brien

EXECUTED as a Deed by affixing the ) Common Seal of GREATER LONDON )

ENTERPRISE LIMITED in the presence ) of: ) ____________________________ Director ____________________________ Director/Company Secretary or SIGNED as a Deed by GREATER ) LONDON ENTERPRISE LIMITED ) acting by a Director and the ) Secretary or two Directors: ) ____________________________ Director ____________________________ Director/Company Secretary

THE COMMON SEAL of THE MAYOR ) AND COMMONALTY AND CITIZENS ) OF ROYAL BOROUGH OF KINGSTON was affixed ) in the presence of: ) ………………………………………… The Comptroller and City Solicitor

Examined

Ctee/Court

Date

Passed for Sealing

Fund

Power

Seal Folio No.

SCHEDULE 1

Allocation of Tasks and Responsibilities

SCHEDULE 1

ALLOCATED TASKS AND RESPONSIBILITIES

A. Programme preparation and launch: August 2011 London Councils’ responsibilities during this period require a total of 9 days and cover the following tasks:

• Drafting and consulting on the Prospectus

• Design and distribution of Prospectus packs and publicity of the Projects being tendered

• Guidance to potential Project tenderers

• Receipt, stamping and recording of all Project bids GLE’s responsibilities during this period require 12 days and cover the following tasks:


• Design and distribution of Prospectus packs and publicity of the Projects being tendered

• Application to Government Office for London (“GOL”) for ESF Funding

• Guidance to potential Project tenderers

• Submission of first claim for ESF Funding to GOL Participating Borough’s responsibilities during this period cover the following tasks:


• Informing local organisations of the Projects being tendered

B. Scoring and assessment (carried out jointly): September – October 2011 London Councils’ responsibilities during this period total 9 days and cover the following tasks:

• Organisation of internal and external scoring of the Project tenders received

• Checking of tenders for eligibility

• Initial scoring of tenders plus 10% quality check

• Attending meetings of internal and external tender appraisal panels

• Issuing of tender evaluation decisions and feedback

• Participating in the contract award decision appeals process GLE’s responsibilities during this period total 122 days and cover the following tasks:

• Organisation of internal and external scoring of the Project tenders received

• Managing external tender scorers

• Initial scoring of tenders plus 10% quality check

• Attending meetings of internal and external tender appraisal panels, including preparation of reports and minutes

• Issuing of tender evaluation decisions and feedback

• Participating in/managing of the contract award decision appeals process, including preparation of a report for the appeals process panel

• Provision of a detailed report on the tender evaluation process and its outcome (i.e. the contract award decision for each Project) to GOL

Participating Borough’s responsibilities during this period cover the following tasks:

• Initial scoring of the tenders received for the Participating Borough’s particular Project

• Attending meetings of internal and external tender appraisal panels, including preparation of reports and minutes

C. Contracting with successful applicants: October – November 2011 London Councils’ responsibilities during this period require a total of 18 days to cover the following:

• Conclusion of all Project Delivery Agreements with each successful tenderer

GLE’s responsibilities during this period require 236 days to cover the following:

• The negotiation of a Project delivery plan and profile with each successful tenderer

• Input into London Councils’ conclusion of all Project Delivery Agreements Participating Borough’s responsibilities during this period cover the following:

• The negotiation of a Project delivery plan and profile with the Participating Borough’s appointed Project provider

• Input into London Councils’ conclusion of the Participating Borough’s specific Project Delivery Agreement

D. Financial management: throughout the Term of the Project London Councils’ responsibilities for financial management require a total of 164 days of the Term to cover the following:

• Making advance and quarterly payments to all ESF funded Projects

• Attending meetings of the ESF Programme Steering Group made up of representatives of each Participating Borough (“the Steering Group”)

• Agreeing ESF Funding claims for the Greater London Authority European Programmes Management Unit (“GLA EPMU”)

• Providing ESF Article 4 Verification Certificate audit certification to the GLA EPMU / Department of Work and Pensions at 12-monthly intervals and at the end of the Projects

GLE takes the bulk of responsibility for financial management of Projects and of the ESF Programme. GLE’s responsibilities require 818 days in the Term to cover the following:

• Receiving and checking all quarterly claims received from the Appointed Providers

• Liaison with ESF funded Projects to ensure quarterly claims are accurate and submitted on time

• Preparing and submitting all ESF Funding claims to the GLA EPMU

• Providing intensive support to ESF funded Projects in respect of following up the payment of the Appointed Providers’ claims and addressing any Project delivery problems

• Servicing of the Steering Group, including drafting detailed financial and monitoring reports in respect of each Project

• Attendance at the Steering Group Participating Borough’s responsibilities for financial management during the Term cover the following:

• Ensuring timely advance and quarterly payments of the Participating Borough’s match funding for its Project are made to London Councils in line with the Cashflow Schedule at Appendix 1

• Checking and processing London Councils’/GLE’s quarterly returns

E. Monitoring: throughout the Term of the Project London Councils’ responsibilities for monitoring require a total of 36 days to cover the following:

• Attending the Steering Group’s quarterly ESF Programme monitoring meetings

• Attending Project monitoring visits where required

• Responding on an ongoing basis to queries received from Project Providers

• Scrutiny and audit GLE’s responsibilities for monitoring will require a total of 1541 days to cover the following:


• Making a monitoring visit and undertaking a risk assessment for every ESF funded Project

• Making quarterly visits to every Project

• Making additional Project monitoring visits where required

• Responding on an ongoing basis to queries from Projects / Project providers

• Provision of project monitoring information to the Participating Borough on a quarterly basis which shall be provided in a suitable format similar to, if not the same as, the Participating Borough’s quarterly project monitoring form template attached at Appendix 3 to this Schedule

• Undertaking overall management of GLE’s functions Participating Borough’s for monitoring cover the following:

• Attending Project monitoring visits where required


• Reviewing the quarterly project monitoring information provided by GLE

The allocation of tasks and responsibilities between London Councils and GLE is further reflected in the GLE / London Councils Staff Task Allocation spreadsheet attached as Appendix 2.

APPENDIX 1

ESF PROGRAMME CASHFLOW SCHEDULE

10/11 01/12 04/12 07/12 10/12 01/13 04/13 07/13 10/13

Borough Specification Active? Item 12/11 03/12 06/12 09/12 12/12 03/13 06/13 09/13 12/13

Kingston-upon-Thames 1.1 yes Delivery period * * * * * * * *

Kingston-upon-Thames 1.1 yes % of programme

Kingston-upon-Thames 1.1 yes Brought forward -£ 55,641.18£ 53,202.68£ 50,764.19£ 48,325.69£ 45,887.20£ 43,448.71£ 41,010.21£ 38,571.72£

Kingston-upon-Thames 1.1 yes Borough Wk 1 360,000.00£ 108,000.00£ 19,384.62£ 19,384.62£ 19,384.62£ 19,384.62£ 19,384.62£ 19,384.62£ 19,384.62£ 19,384.62£

Kingston-upon-Thames 1.1 yes Balance: invested - 6 wks 108,000.00£ 75,025.79£ 72,587.30£ 70,148.80£ 67,710.31£ 65,271.82£ 62,833.32£ 60,394.83£ 57,956.33£

Kingston-upon-Thames 1.1 yes Payment to projects - Wk 6 684,000.00-£ 102,600.00-£ 41,528.57-£ 41,528.57-£ 41,528.57-£ 41,528.57-£ 41,528.57-£ 41,528.57-£ 41,528.57-£ 41,528.57-£

Kingston-upon-Thames 1.1 yes Management & administration 36,000.00-£ 2,117.65-£ 2,117.65-£ 2,117.65-£ 2,117.65-£ 2,117.65-£ 2,117.65-£ 2,117.65-£ 2,117.65-£ 2,117.65-£

Kingston-upon-Thames 1.1 yes Balance: financed/invested - 2 wks 3,282.35£ 31,379.57£ 28,941.08£ 26,502.59£ 24,064.09£ 21,625.60£ 19,187.10£ 16,748.61£ 14,310.12£

Kingston-upon-Thames 1.1 yes ESF - Wk 8 360,000.00£ 52,358.82£ 21,823.11£ 21,823.11£ 21,823.11£ 21,823.11£ 21,823.11£ 21,823.11£ 21,823.11£ 21,823.11£

Kingston-upon-Thames 1.1 yes Balance financed/invested - 5 wks 55,641.18£ 53,202.68£ 50,764.19£ 48,325.69£ 45,887.20£ 43,448.71£ 41,010.21£ 38,571.72£ 36,133.23£

Kingston-upon-Thames 1.1 yes Carried forward 55,641.18£ 53,202.68£ 50,764.19£ 48,325.69£ 45,887.20£ 43,448.71£ 41,010.21£ 38,571.72£ 36,133.23£

01/14 04/14 07/14 10/14 01/15 04/15 07/15 10/15

Borough Specification Active? Item 03/14 06/14 09/14 12/14 03/15 06/15 09/15 12/15

Kingston-upon-Thames 1.1 yes Delivery period * * * * * *

Kingston-upon-Thames 1.1 yes % of programme

Kingston-upon-Thames 1.1 yes Brought forward 36,133.23£ 33,694.73£ 31,256.24£ 28,817.74£ 26,379.25£ 23,940.76£ 2,117.65£ 1,058.82£

Kingston-upon-Thames 1.1 yes Borough Wk 1 360,000.00£ 19,384.62£ 19,384.62£ 19,384.62£ 19,384.62£ 19,384.62£ -£ -£ -£

Kingston-upon-Thames 1.1 yes Balance: invested - 6 wks 55,517.84£ 53,079.35£ 50,640.85£ 48,202.36£ 45,763.87£ 23,940.76£ 2,117.65£ 1,058.82£

Kingston-upon-Thames 1.1 yes Payment to projects - Wk 6 684,000.00-£ 41,528.57-£ 41,528.57-£ 41,528.57-£ 41,528.57-£ 41,528.57-£ 41,528.57-£ -£ -£

Kingston-upon-Thames 1.1 yes Management & administration 36,000.00-£ 2,117.65-£ 2,117.65-£ 2,117.65-£ 2,117.65-£ 2,117.65-£ 2,117.65-£ 2,117.65-£ 2,117.65-£

Kingston-upon-Thames 1.1 yes Balance: financed/invested - 2 wks 11,871.62£ 9,433.13£ 6,994.63£ 4,556.14£ 2,117.65£ 19,705.46-£ 0.00-£ 1,058.82-£

Kingston-upon-Thames 1.1 yes ESF - Wk 8 360,000.00£ 21,823.11£ 21,823.11£ 21,823.11£ 21,823.11£ 21,823.11£ 21,823.11£ 1,058.82£ 1,058.82£

Kingston-upon-Thames 1.1 yes Balance financed/invested - 5 wks 33,694.73£ 31,256.24£ 28,817.74£ 26,379.25£ 23,940.76£ 2,117.65£ 1,058.82£ 0.00-£

Kingston-upon-Thames 1.1 yes Carried forward 33,694.73£ 31,256.24£ 28,817.74£ 26,379.25£ 23,940.76£ 2,117.65£ 1,058.82£ 0.00-£

APPENDIX 1

ESF PROGRAMME CASHFLOW SCHEDULE

APPENDIX 2

GLE / LONDON COUNCILS STAFF TASK ALLOCATION

SPREADSHEET

APPENDIX 2

GLE / LONDON COUNCILS STAFF TASK ALLOCATION SPREADSHEET

[

APPENDIX 3

THE ROYAL BOROUGH OF KINGSTON’S QUARTERLY

PROJECT MONITORING FORM TEMPLATE

London Councils ESF Co-Financing Programme (2011 – 2015)

Monitoring questionnaire

Instructions and key to monitoring notes and actions

Please complete the green boxes of the questionnaire with new information since the last monitoring visit.

Please let us know should any information in the purple boxes have changed. Please make sure you complete all purple sections before the first monitoring visit.

Return the questionnaire to your GLE contract manager by e-mail at least two working days in advance of the visit. Please note that the changes will be tracked if you are updating the form.

Your notes normal, 12pt, black

GLE’s notes Italic, 12pt, black

Outstanding actions Bold, italic, 12pt, blue

Completed actions Bold, italic, 12pt, green

Monitoring visit details

Organisation:

Project name and ID:

Address visited:

Project staff present:

Monitoring staff present:

Project telephone number:

Quarter selected for monitoring:

Date and time of visit:

Deadline(s) agreed:

All actions complete?

1. Project activities and achievements

1.1 Please provide a summary of the project activities carried out since the last visit

against your delivery plan. The description should include details on:

• Enrolment and recruitment (venues, recruitment strategy, enrolment process)

• Delivery of services (venues used, individual action planning and reviews, delivery of courses, workshops and training sessions, partner involvement)

• Work placement (if applicable)

• Retention and Progression (How do you ensure participants complete their action plans and progress into employment or further learning?)

• Follow-up (How do you follow up on participants once they leave the project? Please provide details on the type of contact, frequency, services provided.)

How are your partners involved in the above activities?

Visit 1 provider notes:

Visit 1 GLE notes:

1.2 Please provide a summary of project outputs and results achieved since the last visit

against your profile.

How do you ensure that you are delivering the required outputs and results in your contracted boroughs? Do you foresee any challenges with meeting these targets? What support, if any, do you require from London Councils/GLE/Borough?


Visit 1 GLE notes:

1.3 How do you ensure your project stays on profile? What remedial actions you have in place should the project fall behind? Does the profile and delivery plan need adjustment?


Visit 1 GLE notes:

1.4 Please provide details of successes or challenges you have faced. What support, if any, do you require from London Councils/GLE/Borough?


Visit 1 GLE notes:

1.5 Please provide details of other programmes, schemes and initiatives your project links into at borough level and London-wide.


Visit 1 GLE notes:

2. Publicity

2.1 How do you promote your project? Ensure examples of publicity materials are available at the visit, together with details of events, leaflets, brochures any other ways in which you promote the project.


Visit 1 GLE notes:

2.2 Is the ESF plaque displayed in a prominent place at the organisation’s premises?

Do the organisation and all delivery partners have a dedicated section on their website containing information on the project? Please include a link to the project on your and your partner’s websites below.

Are the ESF, London Councils, Borough logos and any required borough branding included on project documentation and forms?


Visit 1 GLE notes:

2.3 Are all participants aware that they are being funded by ESF and the Borough, and what evidence is there? Have the London Councils, EU and Borough publicity rules been adhered to?


Visit 1 GLE notes:

3. Project management

3.1 Please confirm contact details for the staff involved in project management and delivery in the table below. Consider all aspects of project management and delivery including support roles and partners’ staff.

(please feel free to add rows to the table)

Name Role Organisation Telephone e-mail address

Notes (e.g. working days)

3.2 Please tell us about the roles, responsibilities and working arrangements for the staff listed in table 3.1.


Visit 1 GLE notes:

3.3 How does the organisation ensure that it is compliant with the Data Protection Act?


Visit 1 GLE notes:

3.4 What systems does your organisation have in place to ensure timely and accurate reporting to London Councils?


Visit 1 GLE notes:

3.5 How do you ensure continuous evaluation of the project? What types of qualitative and quantitative information do you collect?


Visit 1 GLE notes:

4. Delivery to participants

4.1 What system is used to evidence that participants are eligible within the specification being supported?


Visit 1 GLE notes:

4.2 How does the project gather evidence of activities and results? (Include: tracking participants who’ve left, record keeping, partner information)


Visit 1 GLE notes:

4.3 What systems does the organisation have in place for participant feedback and involvement in project design? Are the Client Satisfaction Questionnaires provided by GLE in use and collated quarterly?


Visit 1 GLE notes:

4.4 What complaints procedure is available to participants and how does the project ensure that they are aware of it?


Visit 1 GLE notes:

5. Cross cutting themes

5.1 Please describe how you encourage equality and diversity within your organisation and in particular within the delivery of this project.


Visit 1 GLE notes:

5.2 Please describe how your project contributes to sustainable development (including economic, social and environmental sustainability).


Visit 1 GLE notes:

5.3 Please explain how your project contributes to the health cross cutting theme. What activities does your project undertake to promote healthier lifestyles and ensure your participants understand the link between employment and health?


Visit 1 GLE notes:

Deadline(s) agreed:

6. Borough Specific Questions

6.1 To be confirmed


Visit 1 GLE notes:

Schedule 4 – Project Specifications

SCHEDULE 2

ESF Programme Priorities


SCHEDULE 2 - ESF PROGRAMME PRIORITIES

The two priorities which London Councils’ ESF Programme 2007 – 2013 will address are as follows: a. Improving the employability and skills of unemployed and economically inactive people; and b. Employment and skills activities targeted at young people who are not in education, employment

or training (“NEET”) or at risk of becoming NEET.


SCHEDULE 3

ESF Programme Project Risk Register


SCHEDULE 3 - ESF PROGRAMME PROJECT RISK REGISTER

Projects funded through the London Councils ESF Co-financing programme will be subject to risk testing. Projects will be given an overall risk rating on a scale of 1-5 with one being the highest risk level and five being the lowest risk level.

Contracting: - All actions resolved from pre-contracting and contract returned on time:

5: actions resolved by agreed deadline, signed contract returned within 2weeks of

issuing;

4: actions resolved by agreed deadline, signed contract returned within 1 month of

issuing;

3: actions resolved after deadline, contract returned after 1 month of issuing;

2: actions resolved after deadline, contract not returned by the deadline;

1: some actions still pending by deadline, contract not returned by deadline.

No of times the project re-profiled: - 5: 0 times

- 3: once

- 1: twice

- 0: three or more times

Delivery - Starters

5: project is on or above profile.

4: project is within -15% of profile.


2: Project is within -30% of profile.

1: Project is under -30% of profile.

- Outcomes






- Early leavers






- Activities delivered

5: Project is delivering according to profile.

3: Most activities delivered are in line with profiled activities.

1: Several activities from profile are not delivered.

- Staff fluctuation/competency

5: No changes in project management staff, project staff is competent.

3: Some changes in project management staff, staff not fully competent.

1: Regular changes in project management staff, staff not competent.

- Publicity of the project


5: Project is publicised very well, logos are present on publicity materials, publicity

requirements are fully met.

3: Project is publicised, logos are present but publicity requirements are not fully met.

1: Project is poorly publicised, logos are missing, publicity requirements are poorly

met.

Reporting and record keeping: - Deadlines

5: Deadlines are always met.

4: Deadlines are usually met and only a couple of days late, project requests

extension if late.

3: Deadlines are usually met but more than a few days late when not. Project don’t

always ask for extension.

2: Project usually misses deadline and fails to notify GLE.

1: Project misses most deadlines and fails to notify GLE.

- Claims

5: Claim is correct and supporting documents are in place.

4: Claim is correct and only minor issues with supporting evidence.

3: Claim is correct and some of the supporting evidence had to be re-submitted.

2: Claim is correct and most of the supporting evidence had to be re-submitted.

1: Claim is incorrect.

- Monitoring and follow-up

5: No major actions from monitoring visit, actions are followed up within 1 week of

sending out the monitoring notes.

4: No major actions from monitoring visit, actions are followed up within 2 weeks of


3: Some major actions from monitoring visit (eg. participant documents missing,

project not delivering according to tender), actions are followed up within 3 weeks of


2: Some major actions from monitoring visit (eg. participant documents missing,

project not delivering according to tender), follow up takes more than 1month.

1: Several major actions from monitoring visit (eg. participant documents missing,

project not delivering according to tender), follow up takes more than 1month.


SCHEDULE 4

Project Specification


SCHEDULE 4 – SPECIFICATION(S)

Royal Borough of Kingston

Introduction to the borough

In 2009 the (GLA projected) population of the Royal Borough of Kingston’s population was just under 167,000 and this has continued to grow faster than any other borough since 2001.

Kingston is a relatively affluent borough with higher than average rates of economic activity (74%) and wages above London and National averages. However, there are pockets of deprivation and its population is more diverse than many expect with, according to the latest projection from the GLA for 2011, a BME representation now of over 21% and growing faster than most of London. We also have the largest Korean population in Europe.

7.3% of the Royal Borough’s working-age population were DWP benefit claimants in November 2010 compared to a London average of 14.3%. 350+ adults with learning disabilities are known to the Council’s Community Care Service team and around 115 adults with learning disabilities have been supported into paid or voluntary employment or work experience.

The Royal Borough of Kingston’s “Kingston Plan” (2020) sets out a strategic long-term vision for the economic, social, educational, cultural and environmental well-being of the local area. Some of the key cross-cutting themes in the Kingston Plan which are relevant are:

• A safe, healthy and strong Kingston which supports people to be independent and encourages people to take an active part in the social and cultural life of the community.

• A prosperous and inclusive Kingston in which economic prosperity is shared and sustainable.

The Royal Borough is in the process of preparing a new Sustainable Community Strategy covering the period 2008-20 that will set out a distinctive vision and ambition for Kingston. Relevant key objectives include:

• Sustain and share economic prosperity

• Support people to be independent

• Encourage people to take an active part


The Royal Borough participated in a successful ESF funded pilot project in 2006/07 that demonstrated that early intervention employment support to patients at the primary care level can help people from falling out of work.

The economic downturn, which has seen rising unemployment has made Kingston more determined to offer increased support to people with Mental health problems to secure employment and training.

This local priority is recognised in the new National Performance Framework for Adult Social care published in March 2011 includes indicators:

1 e, f, g and h (with a new indicator replacing e and f to be agreed) in domain 1 “Enhancing Quality of life”.

Indicator 1 f (Proportion of adults in contact with secondary mental health services in paid employment) is key for this project.1

The table below outlines the latest published figures on the number of JSA and out of work benefit claimants within the borough:

Royal Borough of Kingston-upon-Thames

JSA claimants

Economically Inactive claimants

Proportion of claimants Unemployed

Proportion of claimants

Economically Inactive

1874 5246 26% 74%

NOMIS June 2011 and November 2010

The provisions outlined in the specifications below will equate to targeting 4.39% of the total claimants in the borough (NOMIS 2011).

Source of Match Funding -

Royal Borough of Kingston Mental Health and NHS Kingston Commissioning Budgets

1

http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/documents/digitalasset/dh_125686.p

df (Page 11)


Relevant Borough Strategies

• Royal Borough of Kingston Draft Sustainable Community Strategy 2008-20 (http://www.kingston.gov.uk/draft_scs_for_website-2.pdf)

• Royal Borough of Kingston Local Area Agreement 2008/09 – 2010/11

(http://www.kingston.gov.uk/final_draft_laa_for_website.pdf)

• Mental Health in the Workplace Strategy (http://www.kingston.gov.uk/finstrat0607.doc)

• Independence and Wellbeing Strategy

http://moderngov.kingston.gov.uk/mgConvert2Pdf.aspx?ID=6851&T=9

Project specification 1: Supporting people with health conditions to return to work or get into work (Priority 1.1)

Project description and proposed project activity

The aim of this project is to provide employment opportunities to residents of the Royal Borough of Kingston with mental health problems and/or disabled people. The project will focus on three principal areas.

• Firstly, providers should work with people who have recently been signed off work to ensure that they retain employment.

• Secondly, the project should recruit participants with mental health problems and/or disabled people who are not being supported through DWP Work programme. Also it should include those who do not take part in, or have not been mandated onto the Work Programme.

• Thirdly, the project should work with people with a diagnosis of mental illness to enable a sustained return to work.

Tenderers should:

• demonstrate experience of working with all types of mental health need, and those who face additional barriers obtaining employment;

• have a proven track record in delivering job search help, advice, job coaching, guidance and after-care/ongoing workplace support;

• demonstrate a knowledge and understanding of the delivery of local health and social care in the Royal Borough of Kingston;

• demonstrate how they will work with employers and local training providers to enable participants to access job opportunities;

• demonstrate that local GP consortium, NHS Kingston and the Council’s Adult Social Care have been consulted in project design and that concrete outputs in terms of progression into employment are realistic, particularly given the participant group;

• demonstrate that the project links to other provision and, in particular, that the suite of employment support runs alongside Kingston Right Steps Improving Access to Psychological Therapies programme;

• have the capacity to deliver employment support by highly skilled and experienced employment advisors in a variety of primary care and community settings across the Royal Borough on a one-to-one basis;

• have the provision to place people who face significant barriers to mainstream open employment into volunteering and real work-based training with the aim to progress onto open sustainable employment if possible;

• demonstrate experience of establishing and maintaining relationships/partnerships with the voluntary sector;

• have a proven track record of working successfully with individuals who have been unemployed due to illness to enable a sustained evidence-based return to work;

• have the provision to provide post-employment (in work) support for both employer and employee for 6 months to support sustained employment.

Provision

The project will provide one-to-one tailored support for individuals to prepare for, seek and maintain meaningful employment based opportunities. It will work in partnership with the NHS Kingston, the local mental health trust and other relevant agencies and deliver employment supports in primary care and community settings.

The project will work with individuals who are disabled and/or have a wide range of health conditions to seek employment opportunities in mainstream or supported work environments, including appropriate training/educational courses and voluntary if deemed appropriate.

The project will also offer a tailored programme of support to individuals who are at risk of falling out of employment and those who have been signed off work. This will need to include IAG, mentoring, coaching, mediation between employers and employees, skills auditing and job matching where applicable.

The project will need to identify participants with enduring significant barriers to traditional routes into employment and set up creative supported employment-based activity projects in communities and businesses settings and signpost to appropriate training providers including local colleges.

Suggested strategic partners

• NHS Kingston

• Kingston RightSteps

• South West London & St Georges Mental Health Trust

• Royal Borough of Kingston Health and Adult Services

• Jobcentre Plus

• Kingston Voluntary Action

• Kingston College

• Community Mental Health Teams

• Kingston Rethink

• Kingston Mind

Specification – Required outputs, results and unit costs

Number of projects to be funded and Borough

x1 - Royal Borough of Kingston

Start End

Contract period 01/04/2012 30/06/2015 Project Timescale

Final Evaluation 30/06/2015

Outputs for payment Number Unit cost Total Must be

achieved by

Number of participants receiving 6+ hours of support (IAG, job search, mentoring, training) 390 £550 £214,500 31/03/2015

Number of participants into volunteering 35 £500 £17,500 31/03/2015

Work placements 80 £750 £60,000 31/03/2015

Submission of final evaluation report 1 £4,010 £4,010 30/06/2015

Results for payment Number Unit cost Total

Number of participants into further jobsearch and training 61 £750 £45,750 30/06/2015

Number of participants in employment within 13 weeks of leaving the project 195 £912 £177,840 30/06/2015

Number of participants in sustained employment for 26 weeks (6 months) 137 £1,200 £164,400 30/06/2015

Maximum funding available - - £684,000

SCHEDULE 5

Form of Project Delivery Agreement

Contact: Ruby Penaser

Direct line: 020 7940 1578

Email: [email protected]

Your reference: ESF/

Date:

Dear , RE: London Councils ESF Borough 2011-2015 Co-Financing Programme I am pleased to inform you that the Corporate Director of Services, under his delegated authority powers, has approved funding for your project, «Project», under the current European Social Fund Co- financing round. The amount approved is up to £ for the period to .

Please read the enclosed Agreement carefully, together with all included documentation. The Agreement consists of

• this letter

• standard conditions

• details specific to your project (Schedule 1), including revised targets if applicable

• the specification for which your tender was received (Annex A)

• bank details form (Annex B)

• profile form (Annex C)

• budget – revised if applicable (Annex D)

• the tender that was submitted (Annex E)

• the Project Handbook and Annexes (Annex F)

When you are happy with the contents of the Agreement, please:

• sign where indicated on page 14 of the standard conditions

• complete a Management Committee Resolution if required*

• check the bank details form to ensure that the details are correct (Annex B)

• sign the profile form (Annex C)

• sign the revised budget on the final page – if applicable (Annex D) If you are working in partnership with another organisation and will be transferring funds to your partner, a copy of your signed partnership agreements should be included with the returned contract. No payments will be made until copies of partnership agreements have been received and approved. It is recommended that draft partnership agreements are approved by one of the Programme Team at GLE before they are signed. *if your organisation/company is incorporated the person authorised needs only to sign the undertaking without recourse to a Management Committee Resolution. If your organisation is unincorporated then a Management Committee Resolution must also be completed as included on page 15 of the standard conditions.

of 2

Your organisation must comply with the terms and conditions of grant as detailed in the Agreement. Failure to comply with these conditions could result in the suspension or loss of grant aid. Two copies of the contracts folder containing original signatures should be returned to: Ruby Penaser GLE 10-12 Queen Elizabeth Street London SE1 2JN The other copy should be kept for your records. Upon receipt of your signed Agreement, 15% of your total funding will be released. Subsequent payments will be made quarterly, subject to the organisation submitting timely and accurate returns in line with the conditions set out in the Project Handbook (Annex F). May I take this opportunity to wish you well with your project. Yours sincerely, Mark Brangwyn Head of Community Services Services Directorate London Councils

LONDON COUNCILS AND EUROPEAN SOCIAL FUND BOROUGH CO-FINANCING PROGRAMME 2011-2015

AGREEMENT FOR EUROPEAN SOCIAL FUND AND LONDON COUNCILS CO-FINANCING

PROJECT NAME: THIS AGREEMENT is made this First day of , 2011 BETWEEN: LONDON COUNCILS, 59½ Southwark Street, London SE1 0AL (“London Councils”) AND (“the Provider”) WHEREAS: A. The 33 London local authorities make grants to eligible voluntary organisations pursuant

to a scheme for the making of grants. This scheme has been made under section 48 of the Local Government Act 1985. In accordance with the authority delegated to it by the 33 London local authorities, London Councils administers this London scheme on behalf of them.

B. The European Union (“the EU”) provides funding to Member states through the

European Social Fund (“ESF”). The ESF seeks to reduce differences in prosperity across the EU and to enhance economic and social cohesion. The London ESF Regional Framework, for the period 2007-2013, will focus on supporting two priorities: extending employment opportunities and creating a skills and adaptable workforce. There are also three cross-cutting themes (“CCT”) which must be addressed in each funded project: Diversity and Equality, Sustainable Development and Health.

C. The London ESF programme will fund 100% of the cost of new projects that support

training, support human resource development, address economic exclusion, and promote employment opportunities and workforce development across London. Half of project funding will be provided by the ESF and half by various co-financers. The London ESF programme is managed under the strategic direction of the Mayor of London in accordance with the London ESF Regional Framework. The Mayor has

of 2

devolved the administration of the programmes to the Greater London Authority (“the GLA”).

D. London Councils is one of the London ESF co-financing organisations (“CFO”) and will

allocate ESF funding, matched with 50% of funding provided under the London grants scheme, in accordance with the London Councils co-financing plan and prospectus. The London Councils ESF Co-Financing Programme will fund projects relating to Priority 1.1 and 2.1 of the London ESF Regional Framework: improving the employability and skills of unemployed and economically inactive people and Increasing the Number of Employees with Improved Basic Skills.

E. Where agreed by the London Regional ESF Committee and where such additional ESF

funding is available, London Councils may also be able to allocate ESF funds to match funding from an individual London local authority to deliver specific requirements local to that London borough.

F. The parties agree that the present Agreement is consequential upon an earlier agreement entered into between London Councils, Greater London Enterprise Ltd. and individual London boroughs taken from the 15 participating London Boroughs of: Barking & Dagenham, Barnet, Ealing, Croydon, Enfield, Hammersmith & Fulham, Hillingdon, Hounslow, Kensington & Chelsea, Lambeth, Lewisham, Southwark, City of Westminster, Royal Borough of Kingston upon Thames and the City of London, which is concerned with delivery of the Project (Known as the European Social Fund Programme) and from which the aforementioned London boroughs will be benefitting.

IT IS HEREBY AGREED AS FOLLOWS: 1. COMMENCEMENT AND DURATION 1.1. This Agreement shall commence on the and terminate on the

unless otherwise stated in Schedule 1 to this Agreement or otherwise terminated in accordance with the provisions of Clause 10.18.

2. DEFINITIONS AND INTERPRETATION 2.1. In this Agreement:

“CCTs” means the cross-cutting themes of equal opportunities, sustainable development and health, which themes affect the whole of project delivery and are central to delivering each funded project. “Co-Financer” means the public agency which distributes the ESF funding and provides match funding under the ESF Programme. “ESF” means the European Social Fund under which EU funding to Member States is provided with the aim of reducing differences in prosperity across the EU and to enhance economic and social cohesion.

of 2

“ESF Programme” means the programme under which funding from the ESF is delivered. “EU” means the European Union. “Grants Scheme” means the scheme for Greater London which has been made by the 33 London local authorities under section 48 of the Local Government Act 1985 for the making of grants to eligible voluntary organisations, which scheme is administered by London Councils on behalf of the 33 London local authorities. “London Councils” means the joint committee of the 33 London local authorities, constituted under sections 101 and 102 of the Local Government Act 1972 and section 20 of the Local Government Act 2000 to administer the Grants Scheme and to undertake other functions delegated to it. “London Councils ESF Co-Financing Plan” means the plan prepared by London Councils as a Co-Financer within the London Regional ESF Framework, which plan sets out the parameters for project funding, selection and ongoing monitoring by London Councils. “London Councils ESF Prospectus” means the London Councils ESF Co-Financing Programme 2011-2015 Tendering Prospectus: October 2011 which sets out the conditions for tender and the Project Specifications. “London Regional ESF Framework” means the London ESF Regional Framework January 2007-December 2013 which sets out the arrangements for delivery of the ESF Programme in the London region. “Match Funding” means 50% of funding for the Project provided by either London Councils under the Grants Scheme or by an individual London local authority to benefit that local authority area.

“Participants” means those persons benefiting from the services being delivered through the Project.

“Project” means the project to be delivered under this Agreement by the Provider, in the terms set out in Schedule 1.

“Project Specification” means the document against which an applicant for funding submits a tender application, which specification sets out the project value, the project delivery requirements and expected project outcomes. “Provider’s Application” means the tender application document submitted by an applicant. “State Aid” means aid from a Member of the EU to a business which has the potential to distort competition and affect trade between EU Member States.

of 2

“Third Sector Organisation” means a value-driven, non-governmental organisation which principally reinvests its surplus funds to further social, environmental or cultural objectives and encompasses voluntary and community organisations, charities, social enterprises, co-operatives and mutuals.

2.2. The Schedules and Annexes to this Agreement will form part of this Agreement.

2.3. Words importing the singular shall include the plural and vice versa. Words importing

any gender shall include both genders. Words importing persons shall include bodies corporate, unincorporated associations and partnerships.

2.4. Clause headings are inserted for ease of reference only and shall not affect the

interpretation of this Agreement. 2.5. A reference to any European Directive, European Regulation, statute or statutory

provision includes, as relevant, a reference to all European Directives, European Regulations, statutory instruments or orders made pursuant to it and includes a reference to that European Directive, European Regulation, statute, statutory provision, statutory instruments or order as amended, extended, re-enacted or consolidated from time to time.

2.6. In the event of any conflict between the provisions of the Agreement and the

Schedules or Annexes to this Agreement, the provisions of the Agreement shall prevail.

3. FRAMEWORK 3.1. Any funding awarded by London Councils to the Provider under this Agreement is

provided in accordance with:

(a) relevant European Community Regulations, including Commission Regulations (EC) No. 1081/2006, 1083/2006 and 1828/2006;

(b) the Public Contracts Regulations 2006;

(c) the London ESF Regional Framework ;

(d) the London Councils ESF Co-Financing Plan;

(e) the London Councils ESF Prospectus.

3.2. The Provider shall comply with all relevant statutory and other legal requirements

(including all relevant rules, regulations and orders, both European and domestic), pertaining to the operation of its business and all matters relevant to delivery of the Project.

3.3. 100% of funding for the Project will be allocated by London Councils on the basis that

50% of the funding is provided from the ESF and 50% by London local authority Match Funding.

of 2

3.4. Where the Match Funding is provided by a local authority, and allocated by London

Councils on its behalf, any legally constituted public, private or Third Sector Organisation which is able to deliver the ESF provision may apply for funding under the ESF Programme. Individual and sole traders cannot apply for funding.

3.5. The Provider, in delivering the Project, must ensure that the CCTs, of equality and

diversity, sustainable development and health are met consistent with the London Councils ESF Co-Financing Plan and the London Councils ESF Prospectus.

4. CONSIDERATION 4.1. In consideration of the payments made by London Councils in accordance with the

provisions of this Agreement and the Schedules attached, the Provider shall deliver the Project in accordance with the terms set out in Schedule 1.

5. FINANCE 5.1. Funding for the Project is calculated on the basis of the cost of delivering the outputs

and results set out in the Project Specification. The sum agreed for this Project is set out in Schedule 1. Full payment is subject to achieving the agreed outputs for payment, recorded in Schedule 1

5.2. This sum as set out in the Project Specification may be decreased following reviews of Project performance and written notice and an appeal period will be given in such circumstances. London Councils reserves the right to increase this sum in accordance with the ESF viament limit or by 25% of the Project Specification value, whichever amount is the greater.

5.3. All payments due under this Agreement will be made directly to the Provider’s bank account, details of which will be provided in writing to London Councils by the Provider prior to the commencement of this Agreement.

5.4. Any changes to the Project must be agreed in writing with London Councils and any

failure to do so will be a breach of the Provider’s obligations under this Agreement which breach may result in the funding being withdrawn, suspended or recovered by London Councils.

5.5. It is the responsibility of the Provider to ensure that all expenditure incurred in relation

to delivery of the Project is deemed ‘eligible’ as defined in the current edition of the European Social Fund in Great Britain manual and in accordance with relevant governing legislation.

5.6. Upon commencement of this Agreement London Councils will pay the Provider up to

15% of the contract value. 5.7. The remaining balance of the funds will be paid to the Provider in quarterly

instalments, in arrears, on the receipt of an invoice by the Provider, and subject to

of 2

the Provider delivering the agreed outputs to a satisfactory standard, and further to properly completed quarterly returns being received by London Councils in accordance with Clause 7. Payments towards the end of the project will be reduced in value from the claimed amounts to balance the project advance.

5.8. Final payment to the Provider will not be issued until London Councils receives a

satisfactory Final Evaluation report. 5.9. London Councils reserves the right to suspend payments to the Provider where it has

reasonable concerns or evidence regarding improper use, and application of, funding by the Provider.

5.10. Further, London Councils reserves the right to suspend and/or recover payments, or

refuse payment of expenditure claimed by the Provider, if:

(a) requested to do so by the GLA European Programme Management Unit; The DWP and the relevant London borough(s)

(b) progress towards delivery of the Project is, in the reasonable view of London

Councils or the relevant London borough(s), unsatisfactory or otherwise not completed by the agreed date for delivery of the Project’s outputs;

(c) the Provider fails to notify London Councils of any major changes to agreed

outputs and results;

(d) the services being delivered through the Project are being funded from other EU funding, that is they are being double-funded;

(e) the Provider has failed to provide London Councils with a satisfactory Section

37 statement and copy of the audited accounts when requested;

(f) the Provider fails to respond to London Councils requests in a timely and accurate manner, when such requests can be considered reasonable;

(g) the Provider is under investigation for potential misconduct and has been

informed as being under investigation; 5.11. Where any claim for funding cannot be substantiated, these funds will become

repayable immediately on demand from London Councils. 5.12. Further, where funds are overpaid to the Provider as a consequence of outputs not

being verifiable at subsequent monitoring or other inspection visits, these funds will become repayable immediately on demand from London Councils.

5.13. London Councils must give, as soon as is reasonably possible, notice in writing of

any decision to suspend, refuse, withdraw and/or recover payment and give reasons for such suspension, refusal, withdrawal and/or recovery, insofar as it would not be prejudicial to either Party to this Agreement. In the event London Councils suspends, refuses, withdraws and/or seeks recovery of payment, the Provider shall

of 2

be entitled to cease delivery of the Project until the issues are resolved or this Agreement is terminated.

5.14. The Parties will immediately notify each other of any suspected fraud or irregularity.

5.15. The funded organisation shall:

a) Have adequate internal arrangements either in the form of a set of regulations or a

code of practice by which the Funded Organisation’s financial affairs can be adequately controlled, which shall be complied with throughout the period in respect of which the Grant is provided;

b) Keep proper books of accounts and

1. where the Grant from the Committee exceeds £10,000 in any year, have such books of accounts independently audited annually by a CCAB accountant; or

2. where the Grant from the Committee is £10,000 or less in any year, have

such books of accounts independently examined by a person competent to do so unless, notwithstanding this Condition 2.6(b) the constitution of the Funded Organisation requires the annual accounts to be audited or the Committee, by special condition or otherwise requires the Funded Organisation to have its accounts audited.

c) Submit the audited or independently examined (as appropriate) accounts and

Section 37 statement, signed by or on behalf of the Management Committee of the Funded Organisation, to London Councils within 28 days of the completion of the audit or examination, which must be no later than 9 months after the end of the Funded Organisation’s financial year, failing which, payment of any subsequently approved or outstanding Grant may be withheld. In the event that the accounts are qualified, a copy of any management letter shall be submitted to London Councils:

d) Submit for inspection the books of accounts and other records or certified copies

thereof, as may be required relating to the use of the Grant, within fourteen days of a request to do so;

e) Ensure that no person involved in the audit/independent examination has any

business or personal relationship to any other person involved in any day-to-day operation of the Funded Organisation;

f) Where the Grant from the Committee exceeds £2,000, ensure that the audited or

independently examined accounts, as appropriate, include a statement showing the use to which the Grant has been put, in accordance with Section 37 of the Local Government and Housing Act 1989.

of 2

6. PARTNERSHIP DELIVERY AND SUB-CONTRACTING 6.1. Where the Provider is delivering the Project with a partner, the roles and

responsibilities of the Provider and the partner must be recorded in writing. 6.2. The Provider is only permitted to sub-contract to one level under the EU legislation.

A sub-contractor appointed by the Provider may not further sub-contract. London Councils must receive and approve a sub-contract prior to the relevant agreement being entered into.

6.3. London Councils reserves the right to review the model of delivery between the

Provider and any sub-contractor to ensure the delivery of the Project is satisfactory.

6.4. Any reference to the Provider in this Agreement includes reference to any sub-contractor or partner engaged by the Provider to fulfil any of the Provider’s obligations under this Agreement.

7. MONITORING, REPORTING AND AUDIT 7.1. During the term of this Agreement, the Provider will be required to provide such

information London Councils and the relevant London Borough(s), considers necessary to monitor and evaluate the success of the Project and the Provider’s management and delivery of it.

7.2. London Councils reserves the right to make reasonable requests for information from

the Provider, including ad hoc requests from time-to-time beyond the normal monitoring and information requirements set out in this Agreement and Schedule 1.

7.3. The Provider acknowledges that the requirements as to monitoring and reporting will

assist London Councils in meeting its obligations to ensure the proper use of public funds and further to show that value for money has been obtained.

7.4. The Provider is required to maintain and supply information to London Councils in the

formats, and in accordance with any reasonable timescales, required by London Councils. This information will include, as relevant to the Project, and fully detailed in the Project Handbook.

7.5. The Provider is responsible for ensuring that any information provided by them to

London Councils in connection with the Project is, and remains, true, accurate and not misleading. Where this information is or becomes inaccurate or misleading in any material way, the Provider must, as soon as practicable, inform London Councils of this in writing.

7.6. The Provider must comply with reasonable deadlines set by London Councils for any

request for information concerning the Project and must attend project review meetings as are reasonably required by London Councils.

of 2

7.7. London Councils reserves the right to conduct an audit of the Project. The European Commission, the European Court of Auditors, the relevant London Borough(s), or relevant Government Departments responsible for the ESF Programme or monitoring the proper expenditure of public funds, may require access to the Project for audit and inspection purposes. The Provider must comply with any access, audit or inspection requirements of these bodies.

7.8. The Provider is required to submit, at the end of each quarter, reports regarding

participants on the Project, Project activities and on outputs and results for payment. These reports should reflect the period’s actual outputs and results which were agreed by London Councils and the Provider, and recorded in Schedule 1. Failure to provide satisfactory reporting information may result in funding being suspended or withdrawn.

7.9. Quarterly reports must be received by London Councils on or before the dates

specified by London Councils at the commencement of the Agreement. 7.10. It is expected that Providers will have systems in place to:

(a) confirm the eligibility of participants in the programmes being delivered through

the Project; (b) declare eligibility of expenditure in line with ESF guidance; (c) detect and prevent duplicate claims; (d) prepare and submit accurate, valid, supported, timely claims; (e) monitor, record and manage lateness and all absences of participants; (f) support claims for payments through an effective attendance recording

procedure; (g) ensure that all the required evidence is collected, and where appropriate

submitted to London Councils, to support the claim for funding payments; (h) identify participants who have left the programme, being delivered through the

Project, early to prevent over-claiming; (i) carry out effective monitoring of sub-contractors, if applicable; (j) respond to reports with an appropriate action plan.

7.11. Where London Councils has reasonable concerns about the quality of the data contained in the quarterly reports, it may require the Provider to supply reporting information more frequently and for such periods as it reasonably deems necessary.

7.12. The Provider acknowledges that London Councils will make a monitoring visit to the

Provider’s premises every quarter and the Provider will co-operate with London Councils in making available any information necessary to enable London Councils

of 2

to verify outputs and results of the Project and that the Project is conforming to required standards in the areas of equal opportunity, sustainable development, health, quality and publicity. Additional visits to the Provider may also be arranged and similar cooperation will be expected.

7.13. The Provider acknowledges the requirement to maintain records of project delivery until 31 December 2022, and that these records be auditable and stored in accordance with ESF guidelines (as detailed in the project handbook). Should organisations cease trading during this period or the maintenance of records cannot be continued, the provider must inform London Councils so that a transfer of the records can be made.

8. DATA PROTECTION 8.1. London Councils is registered to process personal data under the Data Protection

Act 1998 (“DPA 1998”). The Provider acknowledges this and its own obligations under the DPA 1998 and will, in the event that delivery of the Project requires them to process personal data, comply in all respects with the DPA 1998 and do nothing to cause London Councils to fail in its obligations under the DPA 1998.

9. CONFIDENTIALITY AND FREEDOM OF INFORMATION 9.1. Neither the Parties or their employees or agents shall divulge to any third party or

dispose of or part with possession, custody or control of any confidential matter or information including but not limited to information relating to the business affairs and dealings of the Parties provided to the other Party or otherwise coming into the possession or knowledge of the Party in the course of the performance of this Agreement (“Confidential Information”), other than in accordance with the express provisions of this Agreement, or with the written consent of that Party, or if the Confidential Information:

(a) is or becomes public knowledge (otherwise than by breach of this condition); (b) comes into the possession of the other Party without restriction as to its

disclosure; (c) is received from a third party which lawfully acquired it and who is under no

obligation restricting its discharge; or (d) is required to be disclosed by law or by order of a court of competent jurisdiction

or by any governmental or regulatory authority. 9.2. The Provider may request that certain information, relevant to its obligations under

this Agreement, be classified and treated as reserved information under the Freedom of Information Act 2000 (“the FOIA”) and therefore not disclosable by London Councils to third parties on the following grounds on the basis that it is exempt from disclosure under the FOIA. The Provider may designate unit prices where applicable or more detailed pricing information as reserved information.

of 2

9.3. The Provider must comply with all requests for information they receive from London

Councils in relation to this Agreement, and as relevant necessary to enable London Councils to meet its obligations under the FOIA, in a timely and efficient manner.

9.4. Information which is agreed between the Parties to be reserved information will be

specified in Schedule 1 to this Agreement including the exemptions under the FOIA which apply to each specified class category or specific information. In each case, the Schedule will indicate when it is likely that the information can be made available under the FOIA.

9.5. Information relating to the overall value performance or completion of this

Agreement, and/or information relating to contract records and administration, will not be accepted as reserved information. London Councils may however withhold access to such information under the FOIA in appropriate cases. The decision as to whether to withhold information will be for London Councils alone to determine. It will have no obligation to consult the Provider.

9.6. Should it subsequently transpire that any information has been incorrectly classified

as reserved information by the Provider or any competent public authority orders the information to be released the Provider will immediately deliver such information to London Councils and reimburse all the costs incurred by London Councils as a result of the Provider seeking to classify the information as reserved information.

10. GENERAL

Publicity 10.1. The Provider must publicise the fact that the ESF and the party providing match

funding, be it London Councils or an individual borough, are funding or part-funding your Project. This publicity should ensure that:

(a) participants are aware that their training is partly financed by the ESF and, as

relevant, either London Councils or the individual borough providing match funding;

(b) the Provider raises awareness of the ESF and London Councils, or individual

borough, ESF co-financing amongst potential participants and the general public;

(c) where it is impractical to use the logos of the ESF and London Councils, or as

relevant the individual London local authority, in communications or publicity, wording must be included to the effect that the Project is part funded by the EU through the ESF and either London Councils or the relevant London local authority.

10.2. The Provider must publicise the project on their organisations website, undertaking such considerations as described in clause 10.1.

of 2

State Aid Regulations

10.3. In cases where the European rules on State Aid apply to the Project to be delivered under this Agreement, London Councils will inform the Provider of their relevant obligations. Details of these obligations will be recorded in Project Handbook and will include the details of records the Provider will be required to keep to meet relevant obligations under State Aid rules. See ESF Manual 3 Section 2.22 State Aids.

Contracts Rights of Third Parties

10.4. Nothing contained in this Agreement confers or purports to confer any rights to enforce any of its terms pursuant to the Contract (Rights of Third Parties) Act 1999 on any person who is not a party hereto.

Notices

10.5. All notices which are required to be given or received under this Agreement shall be in writing addressed to the Corporate Director of Services of London Councils. Any such notice may be delivered personally or by first class pre-paid letter or by facsimile transmission and shall be deemed to have been served if by personal delivery when delivered, if by first class post 48 hours after posting, and if by facsimile transmission on successful transmission.

Assignment

10.6. Neither Party to this Agreement may assign any right or obligation under this Agreement.

Good Faith

10.7. Each Party undertakes to act in good faith and to do all things reasonably within its powers which are necessary or desirable to give effect to the spirit and intent of this Agreement.

Indemnity and Insurance

10.8. The Provider shall indemnify London Councils against all claims in respect of personal injury or loss of or damage to property arising out of this Agreement. This includes all liability, damages, costs, charges and expenses in relation to those claims except to the extent that such injury, loss or damage was caused by the negligence of London Councils its employees or agents.

10.9. The Provider shall at all times maintain adequate insurance to cover its liability under

the indemnity contained in this section and maintain adequate public liability and employers liability insurance in relation to this Agreement, such insurance not to be less than £1 million.

of 2

Variations 10.10. No variation to this Agreement shall be valid or effective unless made in writing

signed by both Parties.

No Partnership 10.11. Nothing in this Agreement shall constitute or be deemed to constitute a partnership

between the Parties and none of them shall have any authority to bind the others in any way except as provided in this Agreement.

Waiver

10.12. No failure by a Party to exercise and no delay in exercising any right, power or privilege under this Agreement shall operate as a waiver of that right, power or privilege, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive or any rights or remedies unless otherwise provided by law.

Governing Law and Disputes

10.13. If any dispute arises out of this Agreement which cannot be amicably settled between the Parties then the Parties will attempt to settle such dispute by mediation in accordance with the Centre for Effective Dispute Resolution Model Mediation Procedure current at the date or referral. Neither Party will commence any legal proceedings or (where applicable) arbitration in relation to any dispute arising out of this Agreement until they have attempted to settle it by mediation and that mediation has terminated.

10.14. Subject to the terms set out in Clause 10.12 the Parties irrevocably submit to the

exclusive jurisdiction of the English courts; the Agreement will be governed by and construed in accordance with the Laws of England.

Review

10.15. The Parties shall review the delivery of the Project under this Agreement at least quarterly either in person or by written report.

Continuing Agreement 10.16. All provisions of this Agreement shall, so far as they are capable of being performed

and served, continue in full force and effect notwithstanding termination, expect in respect of those matters already performed.

Severability

10.17. Notwithstanding that any provision of this Agreement may prove to be illegal or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.

Termination

10.18. Either Party may terminate this Agreement on giving at least 40 days notice in writing.

of 2

10.19. The provider agrees not to a) undertake, support or promote any activity or organisation intended to provide or engage in Excluded Services using the Grant that the Committee provides

b) publish any material which, in whole or part, appears to be designed to affect public support for a political party where the Grant is made in whole or part for the purposes of publishing material

EXECUTION

11. This Agreement is executed by a properly authorised person signing this Agreement on behalf of each Party in the form set out below.

SIGNED: ………………………………………………………………. DATED: ………………………………………………………………… FULL NAME: Mark Brangwyn POSITION: Head of Community Services (being duly authorised to act on behalf of London Councils) SIGNED: ………………………………………………………………. DATED: ………………………………………………………………… FULL NAME: …………………………………………………………… POSITION: …………………………………………………………….. (being duly authorised to act on behalf of the Provider)

of 2

If your organisation is unincorporated, the following Management Committee Resolution should be completed.

MANAGEMENT COMMITTEE RESOLUTION

The Management Committee of (full name of organisation) ............................................................................................................................................................ has authorised the following: Name of Person in Block Capitals:

Signature of Person:

Position in Organisation:

to sign grant undertakings given to London Councils Grants Committee Date of Authorisation:

Two members of the Management Committee, other than the signatory, must sign the following to endorse the above and confirm that it is a true signature of the authorised person. Name: Name:

Position: Position:

Signature: Signature:

of 2

SCHEDULE 1 PROJECT DESCRIPTION 1. The Project to be provided under this Agreement is: «Project» (“the Project”). 2. The Project is funded from until . 3. The total funding to be paid to the Provider under this Agreement is: £«Amount», which is

calculated on the basis of the outputs and results for payment set out in the Project Specification appended at Annex A.

4. Where the ESF funding for the Project is being Match Funded by London Councils in

accordance with the Grants Scheme, the finance provided under this Agreement to the Provider may only be used to directly or indirectly benefit either the whole of Greater London or more than one London local authority area.

5. Where ESF funding for the Project is being Match Funded by one or more London local

authority’s, subject to the appropriate agreement of the London Regional ESF Committee and the relevant London local authority’s, the Project’s participants must reside within those London local authority areas.

6. The Project will be provided by the Provider in accordance with:

(a) the London Councils ESF Co-Financing Plan;

(b) the project specification, dated (“the Project Specification”) appended at Annex A to this Agreement;

(c) the Profile form (Annex C);

(d) the Application by the Provider for funding to deliver the Project, dated on or before 21st October, which includes a Project Description (“the Provider’s Application”), appended at Annex E to this Agreement;

(e) the London Councils ESF Programme Project Handbook, dated October 2011 (“the Project Handbook”) appended at Annex F to this Agreement;

(f) any subsequent terms agreed by the Parties and set down at paragraph 7 below.

7. The Provider agrees to meet the following obligations, additional to those set out above:

- 17 -

SCHEDULE 6

Borough Logo Guidelines

- 18 -

SCHEDULE 6

THE ROYAL BOROUGH OF KINGSTON’S LOGO GUIDELINES

[PDF Document]

- 19 -

SCHEDULE 7

London Council’s Guidance:

Undertaking an Equality Impact Assessment (EIA)

- 20 -

SCHEDULE 7

LONDON COUNCILS’ GUIDANCE: UNDERTAKING AN EQUALITY IMPACT ASSESSMENT (EIA)

What is an Equality Impact Assessment?

1. An EIA is an examination of a proposed or existing policy, service or function to identify what effect its implementation may have on different groups in the community. It can be used to analyse the impact of a whole service or just one aspect of it.

2. EIAs are used to anticipate and identify any discriminatory or negative consequences for a particular group or sector, whether on the grounds of race, gender, disability, faith, sexuality or age.

3. If any discriminatory or negative consequences are identified, counter measures can then be taken. The key purpose is to help identify discrimination, adverse impact and any gaps in policy formulation or service provision.

Why carry out an Equality Impact Assessment?

4. Undertaking EIAs for race equality is already a legal duty on all public bodies, including the London Councils. This was extended to disability in late 2006 and gender in early 2007. In common with many London boroughs, the London Councils is committed to assessing its policies and services for their impact not only on race but on all six equality strands.

5. The added benefits of carrying out an impact assessment are that it helps to identify whether the needs of any groups are likely to be overlooked or excluded; and helps policy developers to consider alternatives, and to target resources more effectively.

How is an Equality Impact Assessment carried out?

6. Stage One is to carry out a relevance test, using Form A. If policies have been planned carefully with equality considerations in mind, there will usually be no need to proceed to Stage 2.

7. Stage Two is the full impact assessment, using form B. The policy holder is responsible for carrying out the EIA, but may find it helpful to invite colleagues to contribute to the process. Try to get a balance of skills, grades and experience.

8. Assess each new proposed policy/function at the planning stage, to see what is the likelihood of it having an adverse impact on any group. All existing policies/functions must be reviewed on a rolling programme, as part of the Business Plan.

9. The assessment is done by gathering information (eg relevant statistics published by the London Councils or other bodies; consultation with users and potential users; staff surveys; monitoring existing policies) – and considering whether the information indicates that any group/s of people are likely to be put at a disadvantage by the policy or service.

- 21 -

10. If the information gathered indicates that the policy is likely to disadvantage any particular group, then you must explain the reason and identify any action that can be taken to mitigate against discrimination.

11. All reports recommending a new policy or function, or reviewing an existing one, should include a completed full EIA form if the relevance test shows that an EIA should be undertaken, whether the report is for consideration by elected Members or officers. As public bodies are required to publish their impact assessments, the EIA form should be appended to the report when the meeting papers are published on the London Councils website.

12. Responsibility for ensuring that EIAs are carried out rests with Divisional Directors. Responsibility for carrying out the EIA and completing the form will normally be with the officer responsible for managing the service/policy or writing the report.

13. Completed forms must be kept on paper and/or electronically, along with details of any follow-up action, as they may have to be produced for auditors. EIAs are a statutory requirement, not an optional extra, but they are not about getting the “right answer”, and they don’t need to be complicated. A common sense approach is all that is needed.

14. The reason for conducting impact assessments is not to increase our already heavy workload. Please bear in mind that the purpose is to improve the efficiency, effectiveness and fairness of public sector bodies by making sure that there is no discrimination against any groups and that, where possible, they promote equality.

Sylvia Kelcher London Councils Principal Equalities Officer October 2005 EIA template attached

- 22 -

LONDON COUNCILS EQUALITIES IMPACT ASSESSMENT FORM A : Relevance

Test Policy, service or function being assessed: ESF and London Borough match funded programme 2011-2015 Mark on the grid below whether the policy/function might have an adverse impact on any of the grounds indicated.

Equality Area

No adverse impact

Low adverse impact

Medium adverse impact

High adverse impact

Race

X

Gender

X

Disability

X

Religion/belief

X

Sexual orientation

X

Age

X

Each of the participating 17 boroughs have specified target groups by age, ethnicity, disability, employment status, housing circumstance, health needs and ward or housing estate; The specifications are dependent on local needs and aimed at redressing existing inequalities in local employment and training support services. Each specification has a local evidence base supporting why the service proposed is a priority and will add value to existing local provision.

Relevance test completed by:

NAME: Penny Phillips

DIVISION: Grants

DATE: 1 August 2011

- 23 -

LONDON COUNCILS EQUALITIES IMPACT ASSESSMENT FORM B - Full Assessment

Policy, service or function being assessed: ESF and London borough match funded programme 2011-15

Is this a new policy/function, or a review of an existing one? This is a new programme managed by London Councils as an ESF Co-financing body on behalf of London boroughs and ESF

What is the purpose/aim of the policy/function? To fund projects that extend employment opportunities to those furthest away from employment in 17 London boroughs. Delivering employment and training outcomes for those who have experienced barriers in accessing employment or training.

What needs or priorities is it designed to meet?

The aim of this funding round is to move individuals closer to and into the labour market, through a range of support. Under ESF priority 1.1 improving employability and skills of the unemployed and economically inactive, participants should be of working age (16 or older). It is recognised that some individuals will not be able to move directly into employment at the end of the project but, where employment is a realistic target for participants, this is the preferred outcome. Where this is not possible, projects should demonstrate that participants have made measurable progress towards employment. Providers will need to demonstrate that their projects will provide participants who are not employed by the end of the project with pathways onto other provision or support for continued progression.

The following target groups will be eligible for support:

• Those with parental and/or carer responsibilities (lone parents being a key group)

• Those with health problems (including people with mental health issues and those on incapacity benefit)

• Disabled people

• Those from black, Asian and minority ethnic (BAME) groups (including white minority ethnic groups),

• Recent migrants with the right to work

• Those aged 50+ with low or no qualifications

• Low income, single earner households with children where one parent is not working

• People signed off sick are eligible – activities will help to retain employment for older workers and workers who develop disabilities and health conditions.

What processes are/will be involved in its implementation?

- 24 -

London Councils will manage the grant programme on behalf of the London Boroughs and will use an Open Competitive Tendering Process (OCT) to distribute the funding amongst the participating boroughs. Each participating borough Have specified the services they wish to fund and set the outputs to be achieved against local needs and priorities with a range of target client groups. As part of the tendering process bidders are required to submit their Equal Opportunities Policy along with setting out how the project they plan to deliver will specifically address issues relating to equalities. Equalities and diversity is a national cross – cutting theme for the ESF programme which sets out the expectation that projects will establish robust equality indicators at the outset of delivery. London Councils will expect projects to demonstrate their delivery against equalities outputs in their quarterly monitoring returns. There are several programme – level equalities targets that should be mirrored at project level these can be found on page 11 of the programme tendering prospectus.

Might they result in different outcomes for different groups (eg higher or lower uptake/failure to access/inferior service)? Bidders will be assessed and scored in relation to the information they provide on equalities and diversity. If we are unable to satisfactorily contract a project to deliver specific services we will undertake a re-tendering process. In project delivery London Councils will monitor projects against agreed equalities outputs as part of the overall monitoring of the project.

If yes, which aspects of the policy or function contribute to inequality?

What evidence do you have for coming to your conclusion (eg statistics, consultation, monitoring)? Each of the 17 participating boroughs have developed their service specifications in order to add value to local employment and training support services based on local needs assessments and evidence base. The specifications are targeted at populations who are currently not adequately served by current provision, thus redressing local inequalities. Each bidder’s proposal will be assessed against its ability to address equalities implications and needs of the individual service specification. Successful projects will need to demonstrate how it is delivering on equalities outputs as the project is delivered.

What action will be taken as a result of this Equality Impact Assessment to address any adverse impacts or meet previously unidentified need? The London ESF regional framework led by the GLA European Programme Management Unit works with the ESF Co-financing bodies to develop funding programmes priorities. Current ESF programmes will undergo an evaluation and influence future priorities.

Assessment completed by:

- 25 -

NAME Penny Phillips

DIVISION Grants

DATE 1 August 2011

dated first day of october 2011 london councils and ... · 5. the royal borough of kingston’s...

Documents