«Name_in_CAPS_Acronym»

Contract

For

2010/11

CONTRACT

1.	AIM & PURPOSE

This contract is between the Public Health Agency herein after called the PHA for residents of <>(LCG) area(s )and «Name_in_full» and pertains to the period 1 April 2011 to 31 March 2011.

«Aim__Purpose»

The PUBLIC HEALTH AGENCY and «Name_in_CAPS_Acronym» will pursue these aims in a spirit of co-operation and partnership.

This Contract forms the basis of the Agreement between the PHA and <>. All other issues discussed in previous correspondence / negotiations relating to this project are superseded by this Contract.

CONTACT at PUBLIC HEALTH AGENCY

Name

Tel

Email

CONTACT at «Name_in_full»

«TitleSalute_Authorised_Signatory» «First_Name_Authorised_Signatory» «Surname_of_Authorised_Signatory»

«Designation»

«Address_1»

«Address_2»

«Address_3»

«Address_4»

«Post_Code»

Tel	«Telephone_number_at_Org»

Email	«Email_at_Organisation»

2.	SERVICES COMMISSIONED

The Contract defines the services which «Name_in_CAPS_Acronym» undertakes to provide, both directly and by arrangement with third parties, as follows:

«Service_Commissioned»

Only services which have the prior agreement of the PUBLIC HEALTH AGENCY, based on a clear assessment of priorities will be commissioned.

3.	LOCATION & INDICATIVE LEVEL OF SERVICE:

The service objectives and targets for the year are set out in Schedule1 to this Contract.

4.	MONITORING & PERFORMANCE EVALUATION:

Arrangements for monitoring and performance review under this Contract are designed to underpin accountability for public funds within the context of the Department of Health and Personal Social Services Grants Manual 2005.

To fulfil the monitoring requirements «Name_in_CAPS_Acronym» is required to submit the specified reports on progress as set out in Schedule 2.

Reports should be returned to the PUBLIC HEALTH AGENCY on the <>th day following quarter end. Failure to provide this information will lead to withholding of payments.

Furthermore, «Name_in_CAPS_Acronym» is required to take action on all agreed recommendations arising from monitoring and evaluation reports and reviews within 6 months of the publication of the recommendations unless otherwise specified.

«Name_in_CAPS_Acronym» agrees to facilitate visits of the PUBLIC HEALTH AGENCY’s monitoring officers and provide them with required information. The PHA reserves the right to make unannounced visits.

5.	FUNDING AND PAYMENT TERMS :

The annual funding under this Contract in 2010/11 amounts to «Annual_funding_Ceiling». This represents funding for services to be provided to residents of <> LCG areas and throughout the year from 1 April <> to 31 March <>.

Payment for services provided will normally be paid in «Funding_and_Payment_Terms» instalments on receipt of satisfactory monitoring returns for the previous quarter that demonstrate performance is in line with the outputs agreed in this contract..

Detailed financial controls assurance requirements in support of financial probity and associated undertakings and documentation are outlined in Schedule 3 of the Contract.

6.	GENERAL CONDITIONS

«Name_in_CAPS_Acronym» will use the above funds only for the purposes set out in this Contract, and with due account of efficiency, economy and effectiveness and to comply with the following terms and conditions to the reasonable satisfaction of the PUBLIC HEALTH AGENCY.

«Name_in_CAPS_Acronym» will, to the best of its ability, work towards the achievement of its objectives and targets to the reasonable satisfaction of the PUBLIC HEALTH AGENCY.

Either party may terminate this Contract by «Notice_to_terminate_contract» months’ notice served in writing.

«Name_in_CAPS_Acronym» will not transfer or assign the whole or any part of the Contract except by prior written agreement with the PUBLIC HEALTH AGENCY and where «Name_in_CAPS_Acronym» sub-contracts it will ensure that the arrangements meet the requirements of this Contract. Where required, «Name_in_CAPS_Acronym» will supply a copy of the sub-contract to the PUBLIC HEALTH AGENCY.

The PUBLIC HEALTH AGENCY has no commitment to renew funding after the term of the current Contract. The PUBLIC HEALTH AGENCY may at its sole discretion extend the contract for a further period(s). Any further extension of the Contract will be confirmed in writing by the PUBLIC HEALTH AGENCY. Should the PUBLIC HEALTH AGENCY extend the contract, funding, efficiency in provision of the service and needs of clients will be taken into consideration in assessing any extension and pro rata payment(s) and/or price uplifts for any extended contract period will not be automatic and may not be payable.

«Name_in_CAPS_Acronym» must comply with the requirements of all existing relevant legislation including:

Section 75 of the Northern Ireland Order 1998

Sex Discrimination (NI) Orders 1976 and 1988,

Fair Employment and Treatment (NI) Order 1998,

Disability Discrimination Act 1995, Section 49A of the Disability Discrimination Order 2006

Race Relations (NI) Order 1997

Human Rights Act (1998)

Article 3 of the Audit and Accountability (NI) Order 2003

Equal Pay Act (Northern Ireland) 1970 (amended 1984)

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 and 2006

Employment Equality (Age) Regulations NI 2006

Health & Safety Legislation

Fire Prevention and Precautions Legislation

and any enactments amending, extending or replacing them.

«Name_in_CAPS_Acronym» will comply fully with the relevant requirements for the vetting of staff as detailed in The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 and will comply with (a) Area Child Protection Committee's (ACPC) Regional Child Protection Policy & Procedures and (b) Regional Adult Protection Policy and Procedural Guidance “Safeguarding Vulnerable Adults” September 2006 (copies available from Social Services Department Health & Social Care Board). In addition «Name_in_CAPS_Acronym» agrees to provide on request: an annual return detailing the child protection and adult protection training undertaken by staff in the organisation and the number of child protection and adult protection referrals made to social services. < Need to get Social Services to check this is still valid>

INSURANCE COVER - «Name_in_CAPS_Acronym» shall maintain such insurance policies as are necessary to cover all possible liabilities, including insurance to cover risks to any asset purchased with the funding, and employers and public liability insurance.

«Name_in_CAPS_Acronym» shall ensure that clear procedures for user complaints are in place. These procedures must include written record of all user complaints and any action taken. This record must be available for inspection by the PHA.

«Name_in_CAPS_Acronym» will investigate any incident involving injury to any service user, member of staff or any volunteer or any damage to or loss of property arising from the provision of services under this Contract. «Name_in_CAPS_Acronym» will keep a record of such incidents and the outcome of any investigation and in any case where the incident is likely to be of public interest «Name_in_CAPS_Acronym» will inform the Public Health Agency as soon as possible and not more than 7 days after the event. Any adverse incidents relating to the service provided under this service agreement should be reported within 24 hours using email adverse.incidents@hscni.net.

The PUBLIC HEALTH AGENCY shall not be liable for any claims for compensation, loss or damage arising from «Name_in_CAPS_Acronym» activities.

No aspect of the activity being funded should be party political in intention, use or presentation. Any political activity such as campaigning, undertaken by «Name_in_CAPS_Acronym» must be in furtherance of, and ancillary to, its main purposes.

«Name_in_CAPS_Acronym» will make sure that all records, financial or otherwise, are maintained and kept safely in accordance with statutory requirements. The Freedom of Information Act 2000 and Data Protection Act 1998 are the relevant statutes. A Guide to Records Management is available from Public Records Office N.I. for further implementation.

The information provided by «Name_in_CAPS_Acronym» may be made available to other Government Agencies for the purposes of detecting crime.

«Name_in_CAPS_Acronym» should acknowledge the PUBLIC HEALTH AGENCY’s contribution to its costs in its publicity material.

TUPE ?

UNSATISFACTORY PERFORMANCE ? – Propose to insert similar clauses as forwarded by Deborah (copy attached to email)

Contract Variation

The PHA reserves the right to amend any terms and conditions of this contract and any schedules attached hereto in particular should it consider at its sole discretion,:

that the service is not fully meeting the needs of the PHA

that the service is not being provided in accordance with the specification

that funding is no longer being fully provided by Department of Health, Social Services and Public Safety (DHSSPS) or has been reduced.

The terms of this Contract may be varied by agreement of the parties. The agreed variation must be noted in writing and must be attached to the Contract, appropriately endorsed by the parties.

Variation shall, where there is a financial implication, be reflected in the Contract sum.

Arbitration

It is the intention that where possible, any disputes concerning the agreement will be resolved directly between the PHA and the Service Provider.

In the event of this not being possible, a resolution may be sought in the first instance through an independent arbitrator, agreed between the parties at any relevant time.

ACCEPTANCE OF CONTRACT

Organisation Name:	«Name_in_CAPS_Acronym»

Project/Service Title:	«Title_of_Project»

We accept the terms and conditions of the Contract.

Signed for, and on behalf of, the Organisation (Two signatures are essential).

NAME (PRINT)	Signature	POSITION	DATE

1.	_____________	____________	____________	_______

2.	_____________	____________	____________	_______

Signed for, and on behalf of, PUBLIC HEALTH AGENCY

________________________	Date: ________________

«Signatory_at_HSCBPHA»

«Designation_of_named_signatory»

Schedule 1

Service Objectives, Outcomes and Targets

The service has been commissioned for the purposes of achieving the following measurable objectives

Date on which targets are expected to be achieved
Measurable Objective	Annual Target	Q1	Q2	Q3	Q4

SCHEDULE 3

FINANCIAL CONTROLS ASSURANCE

The PUBLIC HEALTH AGENCY is accountable for ensuring that the services defined in this Contract are delivered according to the principles of regularity and propriety and that value for money is achieved in the use of public funds. To do this, suitable and robust financial, performance and programme monitoring systems that are transparent and auditable need to be in place.

The following requirements ensure that the appropriate systems are in place for the PUBLIC HEALTH AGENCY to fulfil this duty as recommended in DHSSPS Grants Manual Guidance 2005.

1.	FINANCIAL INFORMATION, CONTROLS, AUDIT AND ACCESS

Effective and proper financial controls will be maintained by «Name_in_CAPS_Acronym».

Proper accounting records and clear audit trails will be maintained by «Name_in_CAPS_Acronym». «Name_in_CAPS_Acronym» is obliged to make available all these records to the PUBLIC HEALTH AGENCY within 2 weeks of it asking for these records.

The funds will be spent on eligible items only.

Where the funding is used for procurement of goods and services, «Name_in_CAPS_Acronym» will be able to demonstrate, through obtaining quotations or tenders or producing other valid evidence, that value for money has been obtained.

«Name_in_CAPS_Acronym» will provide PUBLIC HEALTH AGENCY, within one week of demand, with any information required by the Northern Ireland Audit Office.

«Name_in_CAPS_Acronym» will permit the PUBLIC HEALTH AGENCY, and anyone acting on its behalf, and the Northern Ireland Audit Office, at any reasonable time and upon reasonable prior notice (save in the case of an emergency) to enter its premises and any associate premises, to interview any person, inspect any asset, and inspect, copy, record and take away copies of any accounting or other record.

«Name_in_CAPS_Acronym»’s annual accounts will identify separately the total amount of funding received in the relevant year from the PUBLIC HEALTH AGENCY.

«Name_in_CAPS_Acronym» is required to submit to the PUBLIC HEALTH AGENCY by end of second quarter, for monitoring purposes, two copies of the organisation’s latest annual report and audited accounts accompanied by the auditors report, and auditor’s statement with respect to use of the funding.

The PUBLIC HEALTH AGENCY reserves the right to withhold payment if the required returns are not submitted, or are unsatisfactory for any reason, as detailed in section 3 “Withholding of Funding” below.

«Name_in_CAPS_Acronym» will inform the PUBLIC HEALTH AGENCY as soon as possible if it is unable to spend the funds.

«Name_in_CAPS_Acronym» will notify the PUBLIC HEALTH AGENCY if it obtains duplicate funding, for the same purposes for which this funding is made.

«Name_in_CAPS_Acronym» will advise the PUBLIC HEALTH AGENCY within one month if any other funding partner to the project advises of their intention to remove funding from the project or defaults on their commitment to fund the project in the timescale of this Contract.

«Name_in_CAPS_Acronym» shall inform the PUBLIC HEALTH AGENCY immediately of any events such as a change of circumstances or incidents that have caused, or are likely to cause, a loss or misuse of funding. In any event, the organisation shall, without delay, take all reasonable and proper measures to mitigate the loss of the funding aid and to recover same.

Any fraud or suspected fraud shall be reported to the PUBLIC HEALTH AGENCY without delay.

Should this Contract be terminated, «Name_in_CAPS_Acronym» will return to the PUBLIC HEALTH AGENCY either a sum equivalent to a pro-rata refund of the unspent grant proportionate to the unexpired period for which the grant or particular instalment thereof was paid, or the actual unspent grant whichever will be greater.

2.	DISPOSAL OF ASSETS

«Name_in_CAPS_Acronym» will ensure that no asset (i.e. building, item of equipment etc.) whose value is equal to or more than £500, paid for out of the Funding, shall be disposed within ten years (or other period as the PUBLIC HEALTH AGENCY may, from time to time lay down, depending on the useful life of the asset, as determined by the PUBLIC HEALTH AGENCY) without the prior written agreement of the PUBLIC HEALTH AGENCY. If «Name_in_CAPS_Acronym» wishes to dispose of such an asset, it must have the prior written agreement of the PUBLIC HEALTH AGENCY as to how the asset can be disposed of, and how the proceeds might be spent.

3.	WITHHOLDING OF FUNDING

Without prejudice to any other rights under these terms and conditions, the PUBLIC HEALTH AGENCY shall be under no obligation to make any payment of funding if at any time:

«Name_in_CAPS_Acronym» fails to comply with any obligation under these terms and conditions, or if an event of default under section 4 occurs;

it appears to the PUBLIC HEALTH AGENCY, on the basis of any accounts or financial information, or any other reason, that the estimated expenditure for which the funding was sought is unlikely to occur;

there is unsatisfactory progress towards achievement of the agreed targets/outcomes listed in Schedule 2;

«Name_in_CAPS_Acronym» obtains duplicate funding, from an alternative funding source, for the same purpose as that for which the funding was awarded. Copy documentation relating to this alternative funding should be forwarded to the PUBLIC HEALTH AGENCY within one month of receipt of offer.

4.	DEFAULT

The following events of default will apply:

«Name_in_CAPS_Acronym» is in breach of any of its obligations relating to the funding from the PUBLIC HEALTH AGENCY;

«Name_in_CAPS_Acronym» fails to pay or repay to the PUBLIC HEALTH AGENCY any sum properly due by it in breach of the terms and conditions of this Contract;

«Name_in_CAPS_Acronym» is for any reason no longer able to achieve the objectives for which the funding aid was approved; or

«Name_in_CAPS_Acronym», being a legal company, goes into receivership or administration, or the equivalent event occurs an organisation of other legal form.

In any such event or events, the PUBLIC HEALTH AGENCY shall be under no obligation to make any payment or further payments of funding, and «Name_in_CAPS_Acronym» shall forthwith on written demand by the PUBLIC HEALTH AGENCY repay the whole amount of the funding paid under this letter or such lesser amount as the PUBLIC HEALTH AGENCY in its sole discretion may determine.

5.	LIABILITIES

The PUBLIC HEALTH AGENCY (PHA) accepts no responsibility, financial or otherwise, for expenditure or liabilities arising out of the work of «Name_in_CAPS_Acronym». Any commitments incurred before this Contract is signed, or any commitment over and above that for which the funding has been provided by PHA, shall be the absolute and sole responsibility of «Name_in_CAPS_Acronym».

«Name_in_CAPS_Acronym» shall be liable for and shall indemnify the PHA against any expense, liability, loss claim or proceedings whatsoever which may arise under any statute or at common law including:

any damage to or devaluation or destruction of any property whatsoever real or personal insofar as such damage, devaluation or destruction arises out of, or in the course of, or by reason of, or is connect with, the provision of services which is being funded by PHA under this contract.

Any injury to persons either physical or otherwise including injury resulting in death, resulting out of, or in the course of, or is connect with, the provision of the service which is being funding by PHA.

«Name_in_CAPS_Acronym» shall not be liable for and shall not provide such indemnity where any of the above arises directly out of the act or omission of the PHA.