Common use of Pooled Fund Clause in Contracts

Pooled Fund. 9.1 The financial arrangements between the Authorities for the delivery of the Integrated Service are detailed in Schedule 4 of this Agreement. 9.2 The budget for the first financial year of this Agreement together with the mechanism for calculating subsequent budgets and contributions is set out in Schedule 4. 9.3 The constituent elements of the Pooled Fund will include all variable and fixed costs of providing the Integrated Service and is set out in Schedule 4 9.4 The apportionments each Authority will contribute for the first year of this Agreement are set out in Table 1 of Schedule 4. Percentage apportionments of the Pooled Fund for subsequent years shall be agreed by the Authorities in accordance with paragraph 1.3 of Schedule 4. The percentage apportionments agreed in accordance with paragraph 1.3 are calculated based on anticipated use of placements per year per Authority. This figure is then adjusted in accordance with paragraph 1.6 of Schedule 4 to reflect actual usage and this Agreement shall be varied accordingly to incorporate the adjusted figure on an annual basis. 9.5 The financial contributions of each Authority and the pro rata apportionments contained within Schedule 4 are agreed by each Authority for the year 2015/16 and will be amended on an annual basis going forward in accordance with clause 9.4 above. 9.6 No provision of this Agreement shall preclude the Authorities by mutual agreement making additional contributions of non-recurring monies to the Pooled Fund from time to time but no such additional contributions shall be taken into account in the calculation of the Authority’s respective contributions for the purpose of apportionment in Schedule 4. Any such additional contributions of non-recurring monies shall be explicitly recorded in the budget arrangements, as a separate item. 9.7 Subject to Clause 9.8, the costs incurred by any of the Authorities in delivering the Integrated Service, shall be the responsibility of the Authority incurring the same unless and until such time as the Authority views those costs as disproportionate/ and or unreasonable, wherein the matter shall be referred to the Management Board for consideration. The Management Board shall determine whether such costs shall be met by the Pooled Fund and apportioned in accordance with Schedule 4 of this Agreement. 9.8 The costs incurred by NPT in providing premises and infrastructure support in accordance with clause 8 and as more particularly described in Schedule 6 shall form part of the costs met by the Pooled Fund and NPT will invoice the Pooled Fund accordingly. 9.9 Any reasonable costs incurred by NPT in the use of the Premises (over and above those contained within Schedule 6) which have been agreed by all parties to this Agreement shall form part of the Pooled Fund and NPT will invoice the Pooled Fund accordingly 9.10 The Host Authority shall be responsible for administering the Pooled Fund and shall act in accordance with the instructions of the Management Board. The internal regulations of the Host Authority shall apply to the management of the Pooled Fund. The Host Authority shall be responsible for forecasting and reporting to the Management Board upon the targets and information requirements set by the Management Board from time to time. The Host Authority shall make payments from the Pooled Fund, necessary to deliver the Integrated Service and in accordance with the instructions of the Management Board. 9.11 The Pooled Fund is to be used solely to achieve the aims and objectives of the Integrated Service set out in Schedule 1 and in accordance with the terms of this Agreement. 9.12 The Host Authority shall ensure that the Pooled Fund is used efficiently and in accordance with industry standard financial recording and reporting methods to deliver agreed outcomes and that expenditure and income within the Pooled Fund remains within budget and that any exceptions to this are reported to the Management Board in a timely manner. 9.13 The Authorities shall take mitigating action applicable and appropriate to ensure expenditure remains within the limit of the Pooled Fund and shall not act unreasonably so as to expose the other Authorities to undue financial risk. 9.14 The benefit of any surplus in the Pooled Fund at the end of any financial year may be used as agreed by the Management Board, or where there is no agreement, distributed to the Authorities in accordance with the apportionments as adjusted in accordance with paragraph 1.6 of Schedule 4. For the avoidance of doubt in this clause the end of the financial year will be the financial position after the reconciliation has been carried out in accordance with clause 1.6 of Schedule 4. 9.15 In the absence of the Authorities agreeing revised Pooled Fund contributions or apportionments as outlined in Schedule 4, the Authorities shall remain liable to contribute the same sum as was identified as their contribution in the previous financial year after any adjustments have been undertaken in accordance with paragraph 1.6 of Schedule 4. 9.16 The invoicing arrangements between the Authorities shall be agreed by the Management Board

Pooled Fund. 9.1 The financial arrangements between the Authorities for the delivery of the Integrated Service are is detailed in Schedule 4 of this Agreement. 9.2 The budget for the first financial year of this Agreement together with the mechanism for calculating subsequent budgets and contributions is set out in Schedule 4. 9.3 The constituent elements of the Pooled Fund will include all variable and fixed costs of providing the Integrated Service and is set out in Schedule 4 9.4 The apportionments each Authority will contribute for the first year of this Agreement are set out in Table 1 of Schedule 4. Percentage apportionments of the Pooled Fund for subsequent years shall be agreed by the Authorities in accordance with paragraph 1.3 of Schedule 4. The percentage apportionments agreed in accordance with paragraph 1.3 are calculated based on anticipated use of placements per year per Authority. This figure is then adjusted in accordance with paragraph 1.6 of Schedule 4 to reflect actual usage and this Agreement shall be varied accordingly to incorporate the adjusted figure on an annual basis. 9.5 The financial contributions of each Authority and the pro rata apportionments contained within Schedule 4 are agreed by each Authority for the year 2015/16 and will be amended on an annual basis going forward in accordance with clause 9.4 above. 9.6 No provision of this Agreement shall preclude the Authorities by mutual agreement making additional contributions of non-recurring monies to the Pooled Fund from time to time but no such additional contributions shall be taken into account in the calculation of the Authority’s respective contributions for the purpose of apportionment in Schedule 4. Any such additional contributions of non-recurring monies shall be explicitly recorded in the budget arrangements, as a separate item. 9.7 Subject to Clause 9.8, the costs incurred by any of the Authorities in delivering the Integrated Service, shall be the responsibility of the Authority incurring the same unless and until such time as the Authority views those costs as disproportionate/ and or unreasonable, wherein the matter shall be referred to the Management Board for consideration. The Management Board shall determine whether such costs shall be met by the Pooled Fund and apportioned in accordance with Schedule 4 of this Agreement. 9.8 The costs incurred by NPT in providing premises and infrastructure support in accordance with clause 8 and as more particularly described in Schedule 6 shall form part of the costs met by the Pooled Fund and NPT will invoice the Pooled Fund accordingly. 9.9 Any reasonable costs incurred by NPT in the use of the Premises (over and above those contained within Schedule 6) which have been agreed by all parties to this Agreement shall form part of the Pooled Fund and NPT will invoice the Pooled Fund accordingly 9.10 The Host Authority shall be responsible for administering the Pooled Fund and shall act in accordance with the instructions of the Management Board. The internal regulations of the Host Authority shall apply to the management of the Pooled Fund. The Host Authority shall be responsible for forecasting and reporting to the Management Board upon the targets and information requirements set by the Management Board from time to time. The Host Authority shall make payments from the Pooled Fund, necessary to deliver the Integrated Service and in accordance with the instructions of the Management Board. 9.11 The Pooled Fund is to be used solely to achieve the aims and objectives of the Integrated Service set out in Schedule 1 and in accordance with the terms of this Agreement. 9.12 The Host Authority shall ensure that the Pooled Fund is used efficiently and in accordance with industry standard financial recording and reporting methods to deliver agreed outcomes and that expenditure and income within the Pooled Fund remains within budget and that any exceptions to this are reported to the Management Board in a timely manner. 9.13 The Authorities shall take mitigating action applicable and appropriate to ensure expenditure remains within the limit of the Pooled Fund and shall not act unreasonably so as to expose the other Authorities to undue financial risk. 9.14 The benefit of any surplus in the Pooled Fund at the end of any financial year may be used as agreed by the Management Board, or where there is no agreement, distributed to the Authorities in accordance with the apportionments as adjusted in accordance with paragraph 1.6 of Schedule 4. For the avoidance of doubt in this clause the end of the financial year will be the financial position after the reconciliation has been carried out in accordance with clause 1.6 of Schedule 4. 9.15 In the absence of the Authorities agreeing revised Pooled Fund contributions or apportionments as outlined in Schedule 4, the Authorities shall remain liable to contribute the same sum as was identified as their contribution in the previous financial year after any adjustments have been undertaken in accordance with paragraph 1.6 of Schedule 4. 9.16 The invoicing arrangements between the Authorities shall be agreed by the Management Board