Common use of Accountable Body Clause in Contracts

Accountable Body. 6.1 The Members hereby agree that until otherwise agreed in accordance with this Agreement the London Borough of Croydon shall fulfil the role of Accountable Body on behalf of the SLP. 6.2 The London Borough of Croydon acting as Accountable Body, undertakes to the other Consortium Members diligently to perform the responsibilities assigned under this Agreement. The Consortium Members acknowledge and agree that the Accountable Body’s responsibilities are as follows: 6.2.1 Is the authorised signatory for the purposes of entering into agreements with Funders on behalf of the SLP; 6.2.2 To provide full accounting facilities to the SLP including to receive, hold and control all funds granted from Funders, and received by way of contributions; 6.2.3 To maintain full and accurate accounting records of all income and expenditure in relation to the SLP from Consortium Members purpose of the Activities; 6.2.4 To report annually to SLP Board on its responsibilities under this Agreement; 6.2.5 To provide guidance or assistance to SLP from time to time which it may be impractical for the Consortium Members as a whole to provide; 6.2.6 To be the contracting party on behalf of SLP in relation to grants and commercial contracts entered into by it and in relation to any contractual relationship with Funders; 6.2.7 To act in the best interests of SLP in any discussions or negotiations or other appropriate transactions with contractors and potential suppliers to SLP and the Consortium Members; 6.2.8 To apply the Funding in accordance with the proper directions of SLP; 6.2.9 From the Funding to pay to the Accountable Body those amounts properly due for its performance of the duties and responsibilities delegated to it under the terms of this Agreement and to pay all salaries and wages, and other staff related costs including in respect of pension benefits and any costs associated with an employment tribunal claim, properly incurred in respect of the staff employed on behalf of SLP; 6.2.10 To represent SLP in any financial discussions or negotiations or other appropriate transactions with Funders in relation to SLP and the Consortium Members; 6.2.11 To represent and act in the best interests of SLP in any financial discussions or negotiations or other appropriate transactions with Funders in relation to SLP and the Consortium Members; 6.2.12 To use all due care and diligence in the exercise of the functions conferred up on it by this Agreement; 6.2.13 To conduct any transactions made on behalf of SLP in a proper manner. 6.3 The Accountable Body shall be entitled to charge SLP and be recompensed from the Funding for the services that it provides under the terms of this Agreement provided that those charges shall not be calculated at a rate that exceeds the rate applied to other users of similar services within or provided by the Accountable Body. 6.4 It is acknowledged by all Consortium Members that the Accountable Body in performing its obligations under this Agreement shall not act in any way which is inconsistent with its own regulatory framework including its Financial Regulations and Contract Standing Orders, and in the event of any conflict the provisions of the Accountable Body’s own regulatory framework shall prevail. 6.5 The Accountable Body shall not be liable to any other Consortium Member in respect of any action taken in good faith on behalf of SLP or any Consortium Member in accordance with this Agreement.

Accountable Body. 6.1 The Consortium Members (acting severally) hereby agree that appoint with effect from the date of this Agreement until otherwise agreed in accordance with this Agreement agreed, but for a minimum of at least twelve (12) months from inception, the London Borough of Croydon shall to fulfil the role of Accountable Body on behalf of the SLPILC. 6.2 The London Borough ILC Management Committee may from time to time (but not before the first anniversary of Croydon this agreement) agree a change in the Consortium Member who is to fulfil the Accountable Body role for this Agreement. 6.3 The Consortium Member for the time being acting as Accountable Body, undertakes to the other Consortium Members diligently to perform the responsibilities assigned to the Accountable Body under this Agreement. The Consortium Members acknowledge and agree that the Accountable Body’s responsibilities are as follows: 6.2.1 Is 6.3.1 it is the authorised signatory for the purposes of entering into agreements with Funders third parties on behalf of the SLPILC; 6.2.2 To 6.3.2 to provide full accounting facilities to the SLP ILC including to receive, hold and control all funds granted from Fundersany monies or other Contributions paid to the ILC (eg risk management funds); 6.3.3 to maintain, and received by way of contributions; 6.2.3 To maintain retain, full and accurate accounting records of all income and expenditure expenditure, contractual documentation, minutes and other relevant decision making records in relation to the SLP from Consortium Members purpose of the ActivitiesILC; 6.2.4 To 6.3.4 to report annually to SLP Board the ILC Management Committee on its responsibilities under this Agreement within sixty (60) days of the end of each Year during the term of this Agreement, and to produce a special report at any time, within a reasonable time scale appropriate to the urgency / specification, if requested by at least three (3) Consortium Members; 6.2.5 To 6.3.5 to provide guidance or assistance to SLP the ILC from time to time which it may be impractical for the Consortium Members as a whole to provide; 6.2.6 To 6.3.6 to be the contracting party on behalf of SLP the ILC in relation to grants and commercial contracts entered into by it and in relation to any contractual relationship with Fundersother third parties but excluding for the avoidance of doubt any contract for insurance services/cover themselves which will be entered into direct by the relevant Consortium Member(s); 6.2.7 To 6.3.7 to act in the best interests of SLP the ILC in any discussions or negotiations or other appropriate transactions with contractors and potential suppliers to SLP the ILC and the Consortium Members; 6.2.8 To 6.3.8 to apply the Funding in accordance with the proper directions of SLPthe ILC Management Committee; 6.2.9 From 6.3.9 to reimburse itself from the Funding to pay to the Accountable Body those amounts properly due for its performance of the duties and responsibilities delegated to it under the terms of this Agreement Agreement, which may include unforeseen professional costs properly incurred or statutory costs or fines, and to pay all salaries and wages, and other staff related costs including in respect of pension benefits and any costs associated with an employment tribunal claim, properly incurred in respect of the staff (including the Project Manager) employed by the Accountable Body on behalf of SLPILC; 6.2.10 To 6.3.10 to represent SLP and act in the best interests of the ILC in any financial discussions or negotiations or other appropriate transactions with Funders third parties in relation to SLP the ILC and the Consortium Members; 6.2.11 To represent and act in the best interests of SLP in any financial discussions or negotiations or other appropriate transactions with Funders in relation 6.3.11 to SLP and the Consortium Members; 6.2.12 To use all due care and diligence in the exercise of the functions conferred up on upon it by this Agreement; 6.2.13 To 6.3.12 to conduct any transactions made on behalf of SLP the ILC Management Committee in a proper and professional manner; 6.3.13 to have the sole responsibility for all matters relating to the day-to-day management and administration of the ILC; 6.3.14 to undertake procurement responsibilities for all ILC matters taking into account EU regulations and the Accountable Body’s own internal orders; 6.3.15 to employ the Project Manager, in accordance with clause 5.9; 6.3.16 not to exceed the Funding at any time or on behalf of the ILC to commit to liability in excess of the Funding except where it is financially prudent to do so and has been previously agreed by the ILC Management Committee; and 6.3.17 to notify the other Consortium Members promptly in the event of a conflict of interest arising between its own interests to those of one or more other Consortium Members. 6.3 6.4 The Accountable Body shall be entitled to charge SLP the ILC and be recompensed from the Funding Core Contribution for the services that it properly provides under in accordance with the terms of this Agreement provided that those charges shall not be calculated at a rate that exceeds the rate applied to other users of similar services within or provided by the Accountable Body. 6.4 6.5 It is acknowledged by all Consortium Members that the Accountable Body in performing its obligations under this Agreement shall not act in any way which is inconsistent with its own regulatory framework including its Financial Regulations financial regulations and Contract Standing Orderscontract standing orders, and in the event of any conflict the provisions of the Accountable Body’s own regulatory framework shall prevail. 6.5 The 6.6 Subject to clause 9, the Accountable Body shall not be liable to any other Consortium Member in respect of any action taken in good faith on behalf of SLP the ILC or any Consortium Member in accordance with the terms of this Agreement.