Tenant Participation Compact - RoFTRA Funding Agreement (October 2003 - March 2007)

Index

1 The Agreement.
2 RBH’s Commitment.
3 RoFTRA’s Commitment.
4 Performance Indicators
5 Agreement Review Process.
6 Termination of Agreement.
7 General Terms and Conditions.
8 Best Value
9 Rights of Third Parties.
10 Signatories

Appendices

1 The Memorandum & Articles of RoFTRA; RoFTRA's Standing Orders.
2 Services to be provided ( purpose of grant )
3 RoFTRA’s Policy on employees/volunteers
4 RoFTRA’s Equal Opportunities Policy
5 RoFTRA's Complaints Procedure
6 RBH’s Procedures & Policies
7 Nominated Officers
8 Special Performance Indicators
9 Special Support and Assistance (provided by RBH)
10 Budgetary and financial information
11 Link Officer Guidelines

This agreement is between
Rochdale Boroughwide Housing (RBH)
&
Rochdale Federation of Tenants’ & Residents’ Associations Ltd (RoFTRA)

RoFTRA is an organisation which works to promote the interests of tenants and residents in the Borough of Rochdale. It is a membership-based organisation of and for the borough’s Tenants & Residents Associations. Its objectives are to:

1. provide information and advice

on Tenants & Residents Associations, the services offered by RoFTRA, and key local and national issues and policy in a range of formats, to Tenants & Residents Associations and the communities they serve, and all partner organisations and agencies;

2. represent the views of tenants and residents

and campaign on their behalf, by taking an active role in, and lobbying, local strategic planning and decision making groups;

3. empower associations and individuals

within their communities with the tools and knowledge to enable their participation and influence in decision making processes, and allow them to respond and act upon their needs and aspirations;

4. support the formation and continuous development

of Tenants & Residents Associations, and establish partnerships with groups working with, and on behalf, of tenants and residents across the Borough of Rochdale and nationwide;

5. contribute to the continual improvement and delivery

of programmes and activities that have a positive impact on the quality of life on estates by attracting funding and influencing mainstream provision.

RBH will provide support to the Board of RoFTRA in the form of a financial grant to assist it in meeting these objectives; this grant being subject to the Terms and Conditions in this agreement.

1. The Agreement

This agreement will commence on 1st October 2003 and will continue until 31 March 2004 and thereafter for successive periods of 12 months so as to provide for a continuing contract period up to 31 March 2007 unless the agreement is terminated.

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2. RBH Commitment

2.1 Payment of Grant

2.1.1 Providing always that RoFTRA discharges its responsibilities in accordance with the agreement's expectations and requirements, RBH will pay to RoFTRA the total sum of £35,600 for the second half of the financial year 2003/4.

2.1.2 The amount payable for the second, third, and fourth financial years will be £71,200 increased by the same percentage as the national local government pay settlement.

2.1.3 The grant will be paid quarterly in advance, with payments made on the first day of April, July, October and January.

2.2 Nominated Link Officer.

2.2.1 RBH will provide a nominated link officer (so named in Appendix 7) to administer this agreement and to deal with any issues between RBH and the RoFTRA.

2.3 Assistance and information.

2.3.1 RBH will, at RBH’s sole discretion, provide such information as is reasonably requested by RoFTRA to assist RoFTRA in developing best practices for itself, its members and Council tenants. This shall include:

(1) copies of RBH policies and procedures with regard to the provision of services and health & safety legislation;

(2) support and advice regarding applications to other grant making organisations;

(3) access to RBH training;

(4) information on any RBH matters which have a direct bearing on RoFTRA e.g. RBH will ensure that RoFTRA receives written notice of RBH’s annual budgeting procedure, where appropriate.

2.3.2 Where RBH has agreed to provide other support, this is detailed in Appendix- 9.

2.3.3 RBH will seek to assist RoFTRA to gain advice, support, training or assistance from Rochdale Council where appropriate.

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3. RoFTRA’s Commitment

3.1 Limitations and restrictions on the use of the grant.

3.1.1 RoFTRA shall ensure that RBH funding (Grant) is used solely for the purpose of contributing to the operating costs of RoFTRA’s Board and employment of staff for the purpose of delivering its objectives.

3.1.2 RoFTRA shall undertake to work under the terms of a Constitution, Health & Safety Policy, Confidentiality and Equal Opportunities Policy (covering service provision and employment arrangements), which shall in all cases be publicly available.

3.2 Service Standards

3.2.1 RoFTRA shall use best endeavours to ensure that all services shall be to a high standard and that members are made fully aware of the conditions under which the services are provided to them by RoFTRA. RoFTRA will provide information to its members setting out the nature of the work of RoFTRA, the services provided, and its policies and procedures relating to its members.

3.2.2 RoFTRA will make best endeavours to fulfil the democratic commitments of its Memorandum & Articles and, in particular, ensure appropriate transparency of and accountability for its service delivery. RoFTRA will provide public access to its information, minutes, agendas, reports etc. and, where written into RoFTRA’s constitution, give proper notice of meetings. RoFTRA should publish an annual report, including an assessment of its performance in relation to its objectives and funding commitments in the year. RoFTRA will provide a copy of this annual report to RBH no later than 30th September of each year.

3.2.3 RoFTRA shall use best endeavours to ensure that its services are available and accessible to its constituencies within the terms of the aims and objectives of their Equal Opportunities Policy, a copy of which is attached to this Agreement (Appendix 4).

3.2.4 RoFTRA shall maintain a rolling programme of 3-year Strategic Planning and supply a copy of each revision to RBH on request.

3.2.5 RoFTRA will notify RBH, at each liaison meeting, about any decisions made by its Board or issues discussed by its Board that RoFTRA believes are of interest, relevance or importance to RBH.

3.3 Health and Safety

3.3.1 RoFTRA acknowledges and shares RBH’s interest in promoting the adoption of safe working practices by RoFTRA and undertakes to take all reasonable steps to ensure that:

(1) premises used for the provision of services are adequate and safe, including arranging appropriate insurance cover and taking proper steps to ensure the welfare, safety and security of staff and clients/users, including safety from physical assault or sexual abuse or racial abuse;

(2) appropriate risk assessments, and other procedures, are in place with regards to appropriate Health & Safety Procedures in respect of all services provided to its clients/users and that there shall be an appropriate system of reporting of serious incidents to RBH and, where necessary, the Health & Safety Executive.

3.4 Records and Confidentiality.

3.4.1 RoFTRA shall ensure that it has adequate systems in place for maintaining confidential client records, staffing records etc. and will at all times respect confidentiality of its service users and staff.

3.4.2 RoFTRA understands that specific information may be required by RBH from time to time with regard to the monitoring of this Agreement and adequate records will be established and maintained. Accounting/financial records will be maintained to a standard in compliance with RoFTRA’s legal obligations. A copy of RoFTRA’s accounts appropriately audited and examined shall be supplied to RBH no later than six months beyond the end of RoFTRA’s financial year.

3.4.3 RoFTRA undertakes, wherever possible, to operate in general sympathy with RBH’s objectives.

3.5 Employees & Volunteer workers.

3.5.1 RoFTRA acknowledges and shares RBH’s interest in promoting good employment practices and fair conditions of employment and confirms that it shall:

(1) ensure that all full and part-time staff are employed under Contracts of Employment, and that where the services of volunteer staff are used, a volunteering policy is in place. RoFTRA’s good employment practice / policies and procedures are attached (Appendix 3).

(2) make staff (employees and volunteers) aware of the risk to vulnerable people of physical and sexual abuse and financial exploitation.

(3) make staff (employees and volunteers) aware of the need to consider their own and service users’ health, safety and welfare and to be aware of RBH ‘s best practices, policies and procedures.

(4) ensure that sufficient procedures and systems are in place, to enable adequate and ongoing training of staff.

(5) establish detailed policy and procedure on the recruitment and selection of staff.;

(6) establish and implement a policy on Equal Opportunities for the appointment of staff and recruitment of volunteer workers;

(7) implement 'work life balance'

3.5.2 RBH believes that as an additional safeguard for the protection of vulnerable people & children all staff and volunteers who have unsupervised access to working with vulnerable people & children should be subject to Criminal Record Bureau checks. RoFTRA will ensure that appropriate CRB checks are made. RoFTRA undertakes to keep any such information about individuals in a secure & safe manner, and to maintain confidentiality in accordance with the Data Protection & Freedom of Information Acts.

3.6 Complaints Procedures

3.6.1 RoFTRA shall ensure that a Complaints Procedure is in place, which is made known to its members and others and which is subject to an annual review (Appendix 5).

3.6.2 RBH shall refer individual complaints that it receives about RoFTRA to RoFTRA for RoFTRA to investigate. RoFTRA will provide RBH with a complaint reference number. A copy of RoFTRA's complaints log shall be supplied to RBH on request.

3.7 RoFTRA's Board & Members

3.7.1 RoFTRA will ensure that its Board members receive training to enable them to carry out their duties fully. Where practicable training will be opened to all members in order to ensure the competence of potential Board members.

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4 Performance Indicators.

4.1 RoFTRA understands that, whilst RBH has no direct or implied responsibility to RoFTRA's members for the manner in which RoFTRA provides services, this agreement has been entered into based on the assurances given that RoFTRA will use best endeavours to ensure that all services will be of a high standard, carried out with due care and attention with well-being and safety being paramount.

4.2 RoFTRA undertakes to agree with RBH specific indicators which may be used to assess its performance in meeting RBH’s expectations. It is expected that these will vary as RoFTRA’s services develop, however those specific indicators agreed at the time of entering into this agreement are detailed in Appendix 8.

4.3 The performance and success of RoFTRA in meeting RBH’s expectations and commitments will be monitored by meetings of representatives of RoFTRA and the nominated Officer(s) of RBH at least twice yearly unless otherwise agreed.

4.4 RoFTRA and RBH will appoint a named person to administer this agreement (so named in Appendix 7, although both parties may change the person they have appointed without this agreement being invalidated. New appointments will be notified to the other party in writing.

4.5 RoFTRA's and RBH's nominated officers and RoFTRA's chair will meet every 6 weeks in order to ensure the close liaison of the two organisations' activities and to discuss general business of mutual concern.

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5. Agreement Review Process.

5.1 RBH will conduct a review of this Agreement, such review to commence in the third quarter of RBH’s financial year. The future level of grant to be provided, and future arrangements for payment, will be reviewed during the third quarter of RBH’s financial year, being finalised during the fourth quarter of the financial year. RBH will ensure that RoFTRA receives notice of RBH’s annual budgeting procedure and how this will affect the future or continued funding of this agreement.

5.2 The management of RoFTRA will provide the following reports to RBH:

(1) The audited financial accounts for the year with a copy of the RoFTRA Board’s annual report (to be provided by 30th September each year).

(2) A proposed budget for the forthcoming year in respect of those elements of its operations funded under this Agreement, which shall be submitted not later than 31st October each year.

(3) Consolidated budget monitoring reports to be submitted at the twice yearly meetings (see 4.3).

(4) A general annual report on the level of attendance at general meetings, administration, financial controls and organisation. Copies of the general meetings minutes (excluding private agenda items).

(5) Any changes to the constitution of RoFTRA would be the subject of a formal report. RBH's link officer would be provided with a copy of the report.

(6) A copy of the certification of insurance for employer’s liability and the certification of insurance for public liability (to be reported in the general annual report with changes to be notified to the link officer as they occur).

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6 Termination

6.1 Except as provided for in clause 6.3, this agreement can only be terminated by either party no sooner than the 31st March of any year, with not less than three (3) months notice in writing. Notice of Termination will only be given after full and detailed consultation.

6.2 Any disagreement between RBH and RoFTRA which cannot be resolved at the regular review meetings (clause 4.3) shall be referred to RBH’s Business Support Director (responsible for this area of grant funding) and the Chair of RoFTRA.

6.3 RBH reserves the right to terminate the agreement or suspend the agreement with immediate effect if RoFTRA is in serious breach of this agreement.

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7 General Terms and Conditions

7.1 Variations to the content of this agreement.

7.1.1 The terms of this agreement can only be varied with the agreement of both parties. Any proposal to vary the agreement shall be notified in writing by either party, with a minimum of six months notice where this may affect funding or the employment of staff.

7.2 Dispute Resolution.

7.2.1 Disputes relating to the terms and conditions of this agreement or complaints concerning the implementation of this agreement will be settled by the following procedure:

(a) The complainant will notify the other party, in writing, setting out the grounds for the complaint.

(b) A meeting between RBH’s Link Officer and the representative of RoFTRA will be held to discuss the matter of the dispute within 28 days of receipt of the letter.

(c) In the event of a failure to agree at Stage (b), there will be a meeting between RoFTRA’s Management Committee and appropriate Officers of RBH.

(d) In the event of a failure to agree at (c), the matter will be referred for review to a special sub-committee of the RBH Board and an independent representative from the voluntary sector (to be appointed by RoFTRA).

7.3. Insurance and Indemnity

7.3.1 The Board of RoFTRA shall establish appropriate insurance cover (i.e. personal, accident or public liability) for both staff and employees including volunteer workers. Nothing in this agreement shall be construed as constituting a partnership between the parties or as constituting either party as the agent of the other for any purpose whatsoever.

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8 Best Value

8.1 As part of the Fundamental Service Reviews for Best Value, RBH will consider the existing quality processes and service standards of RoFTRA. Where appropriate, RBH may seek to work with RoFTRA to develop further performance indicators and/or service standards.

8.2 Whilst the funding outlined within this agreement is for 3½ years, this is subject to the outcome of any Best Value Fundamental Service Reviews. RBH reserves the right to adjust the level of funding and/or period of this agreement where considered necessary following any Best Value Fundamental Review of Services.

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9 Rights of third parties

9.1 Notwithstanding any other provisions of this Agreement, nothing in this Agreement confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.

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10 The parties accept this agreement:

Signed on behalf of

Rochdale Boroughwide Housing

SIGNED ………………………………

NAME

STATUS

DATE ………………………............

Rochdale Federation of Tenants and Residents Associations

SIGNED ……………………………..

NAME

STATUS Chair of RoFTRA

DATE ………………………….......

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APPENDIX 1

The aims and objectives and Memorandum and Articles of RoFTRA.

1.1 Details of Organisation

See Business Plan attached

1.2 The Aims and Objectives of RoFTRA.

See Memorandum and Articles of Association attached

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APPENDIX 2

2.1 Service to be provided by RoFTRA

In return for the funding provided under this agreement, RoFTRA will:
2.1.1 maximise its services to Tenants & Residents Associations and their communities;
2.1.2 work co-operatively with the Tenant Participation Unit and its staff members in the delivery of services to Associations;
2.1.3 work with RBH to increase the opportunities for and effectiveness of tenant engagement with its structures, policies and practices in where they are in the best interests of tenants and their communities;
2.1.4 deliver significant added value to the core funding provided by this agreement by accessing external funding to extend the range of projects available for delivery by RoFTRA and its members within the borough’s social housing communities;
2.1.5 facilitate the engagement of tenants with the Local Strategic Partnership structures and the borough’s regeneration strategies and agendas.

2.2 Purpose of Grant

The grant will be used to assist in the financing of RoFTRA’s management, supervision, staffing provision, and operational costs as detailed in the budgetary and financial information provided (Appendix 10).

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APPENDIX 3

RoFTRA’s policy relating to Employee’s and Volunteers

3.1 Disciplinary procedure

3.2 Grievance procedure

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APPENDIX 4

RoFTRA’s equal opportunities policy

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APPENDIX 5

RoFTRA’s Complaints Procedure

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APPENDIX 6

RBH’s Procedures & Policies

6.1 Health and Safety Policies

These will be made available to RoFTRA on request.

6.2 Administrative and Personnel Procedures

These will be made available to RoFTRA on request

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APPENDIX 7

Nominated Officers

7.1 The persons appointed to administer this agreement are :

For RBH its Policy Manager Andy Wadsworth

For RoFTRA its General Manager David Bartlett

The persons appointed to administer this agreement will, as a minimum, ensure that consultation takes place at all times, and that matters which have a bearing on this agreement are notified without delay to the parties to the agreement.

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APPENDIX 8

Performance indicators which are agreed may be used to judge RoFTRA’s success (or otherwise) in meeting RBH’s expectations.

8.1 As a minimum requirement, RoFTRA’s success in meeting RBH’s expectations will be monitored and evaluated with regard to the criteria as follows;

• The degree to which RoFTRA meets its objectives;
• The level and quality of service provided to the community;
• Equality of opportunity in areas of employment and the provision of services offered by RoFTRA;
• The management and accountability of RoFTRA to its members;
• Relationships and work with other agencies;
• Publicity and accessibility of the services offered by RoFTRA;
• Financial control and accountability to the community and RBH for the services funded by this agreement.

8.2 Specific indicators.

• Timely updates of essential documents such as disciplinary, equal opportunities, fair recruitment, etc;
• Number and dates of meetings open to all tenants groups;
• Number and quality of projects designed to increase involvement with under represented groups;
• Level of representation of young people and ethnic minorities on Board;
• Number of books submitted by Members for examination by RoFTRA
• Number of Members’ books examined;
• Number of Members’ books examined within 14 days;
• Number of weekly mailings.

Rochdale Boroughwide Housing's Tenant Participation Unit Performance Indicators

The TPU's Performance Indicators are provided for context:

• % tenants represented by a Recognised Tenants’ Association
• % recognised Tenants and Residents Associations with a Community Base
• No. Estate Compacts published
• % recognised Tenants and Residents Associations covered by a “Multi-agency” approach
• No. attending at the Tenants Annual Conference
• No. compacts published for underrepresented groups

RBH recognises RoFTRA's work and support towards the PI targets.

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APPENDIX 9

Where RBH has agreed to provide other support e.g. equipment, access to RBH controlled premises or facilities etc. to assist RoFTRA in meeting its obligations, then this is detailed below:

Special support and services provided by RBH:

Access to help and advice from RBH such as health & safety, personnel, financial & legal.

The loan of Computers, related equipment and software, for which a payment is made and which become the property of RoFTRA three years after the initial purchase

RBH will use its best endeavours to ensure that the Council provides the following:

• The Council underwrites the rent and service charges of RoFTRA’s use and occupation of 14-16 Newgate, Rochdale and 20-22 Newgate, Rochdale.
• The Council provides payroll facilities.

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APPENDIX 10

Budgetary and Financial Information.

The funding is usable for the following purposes:

1 Salaries and wages costs
2 Office costs including rent
3 Officers’ expenses
4 Printing and stationery costs
5 Utilities
6 Council tax

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APPENDIX 11

Guidelines for the Role of RBH’s Link Officer

1. To act as a link between RoFTRA and the RBH.
2. To notify RoFTRA of any RBH matters which have a bearing on RoFTRAs services.
3. To act in the initial stage of the resolution of disputes between RoFTRA and RBH as outlined in the Funding Agreement.
4. To have the right to act as an observer on recruitment panels for posts which are (part) funded through the RBH grant.
5. To assist in monitoring the requirements of the Funding Agreement.
6. To meet RoFTRA at the six-weekly liaison meetings to carry out the above duties.
7. To negotiate with RoFTRA any additional support or input above the stated minimum.

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