THIS MANAGEMENT SUPPORT AGREEMENT is made this day of 1999 BETWEEN

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THIS MANAGEMENT SUPPORT AGREEMENT is made this day of 1999 BETWEEN Powered By Docstoc
					                           Service Level Agreement

1.         This agreement is made between

1.2. (The RSL) whose registered office is

           and

1.3. …..Organisation (‘the Support Provider’) whose registered office is at ……..

1.4. The RSL is a Registered Social Landlord and is registered with the Housing
          Corporation under the Housing Act 1996 (Registration number) and
          insert other as appropriate.

1.5. The Support Provider is a Company Limited by Guarantee and is a Charity
          registered under the Charities Act 1993, is registered with the Housing
          Corporation under the Housing Act 1996 (Registration number)
          (delete, insert other as appropriate)



2. Aim of the Agreement

2.2. The purpose of this agreement is to:

           2.11      ensure effective joint working between the two parties,
           2.12      clarify their respective roles and responsibilities,
           2.13      ensure good liaison between the two parties to ensure the
                     effective provision of housing and support services to
                     occupants.

2.3.   A list of the properties covered by this Agreement are attached as Schedule
             …

3.         Housing Management and Support: RSL and Support Provider
           Responsibilities

3.2. The RSL will manage the properties in accordance with best housing
         management practice and in compliance with the requirements of the
         Housing Corporation.
3.3. The ‘Support Provider’ will provide a support service to the occupants of the
          property covered by this agreement in accordance with best professional
          practice and in compliance with the requirements of its funders.

3.4. Both parties will co-operate with each other where there needs to be joint
          working between the parties for both parties to satisfactorily deliver
          services.

3.5. The RSL will allow the support provider access to the communal areas of
         property and the use of (insert description of the facilities to be
         provided.......) to enable for the Support Provider to provide support
         services to the occupants.

3.6. The RSL and Support Provider will each nominate a specific person to be
          responsible for the liaison required.

3.7. The detailed respective responsibilities of the RSL and the Support Provider
          are attached as Schedule...

4.           Selection and allocation

4.2. The agreed Referral, Selection and Allocation policy and procedure is attached
          as Schedule

4.3. Options Chose either (a) or (b)

             (a) The RSL and the Support Provider (insert other relevant organisationas
             appropriate) will jointly assess referrals to the property and the RSL will
             allocate the accommodation on the basis of the recommendations of the
             assessment. The RSL will have the final decision on the allocation of units.

        Or
             (b) The Support Provider will assess referrals to the property and make
             recommendations to the RSL. The RSL will have the final decision on the
             allocation of units.

     (Delete as appropriate)

5.           Confidentiality

5.2. Both parties agree to respect the confidentiality of individual occupants and
          comply with the law. The Support Provider and the RSL should inform
            the occupants that there may be a need to share information with third
            parties on a need to know basis in order to ensure that the housing
            management and support is delivered effectively. A consent form for the
            disclosure of information must be signed by each occupant.

5.3. Unless an occupant raises any objections, information should be given as
          necessary to those with a direct interest. If objections are raised, these
          may have implications for the delivery of support and the possible
          consequences should be explained.

5.4. Information passed on should be restricted to that in which the recipient has a
           legitimate interest. The recipient should not transmit it to a third party
           unless the latter is entitled to it or the occupant has explicitly consented or
           is aware that information needs to be passed on to enable support to be
           co-ordinated properly.

5.5. There may be particular circumstances in which disclosure of information is
          required by statute or court order or exceptionally, in the absence of
          consent, can be justified in the public interest. Disclosures based on public
          interest involve weighing that interest against the duty of confidence in that
          particular set of circumstances. The balance may be delicate and it may be
          necessary to take legal advice.

6.          Fire, Health and Safety

6.2. The Support Provider will notify the RSL of disrepair of which it is aware, on
          behalf of the occupants where they are unable/unwilling to do so.
          Defective fire fighting and fire protection equipment is to be reported to
          the RSL immediately by the Support Provider.

6.3. The RSL will rectify any disrepair at the property within a reasonable period of
          being informed of the defect.

6.4.   The RSL will provide adequate means of escape in the event of fire and fire
           protection equipment at the property and arrange to have this
           equipment serviced on a regular basis as appropriate. The RSL with the
           assistance of the Support Provider will ensure all occupants are aware of
           the means of escape and conduct a quarterly fire drill.

6.5. The RSL/Support Provider (delete as appropriate) will carry out weekly fire
         checks and keep appropriate records.
6.6. The RSL will endeavour to provide temporary accommodation for occupants
          in the event of an emergency. The ‘Support Provider’ may
          assist in this to the extent that it is reasonable to do so.

6.7. In the event of an emergency outside office hours relating to electricity, gas or
           water services, or anything that would endanger the health and safety of
           the occupants, The Support Provider will contact the RSL’s emergency
           service and request attendance to eliminate the hazard.

6.8. If for whatever reason the RSL’s emergency service is not available or fails to
            carry out the emergency repair within the agreed timescale, then the
            Support Provider may make reasonable immediate arrangements to
            eliminate the hazard. The Support Provider will inform the RSL as soon
            as possible of the nature of the emergency and such work as has been
            carried out. The RSL will meet the cost of such emergency work unless
            it has resulted from any act or omission of the Support Provider or
            occupant. Maintenance repair response times are attached as Schedule
            …..

7.         Legal Action in Respect of Occupancy Agreements

7.2. Should the RSL have any reason to take legal action against any occupant under
          the terms of the occupancy agreement it will inform the Support
          Provider at each stage of any action to be taken and reasons for the
          action.

7.3. The RSL will consult with the Support Provider before taking any legal
         proceedings against an occupier.

8.         Financial Arrangements

8.2. The RSL will set and collect a reasonable weekly rent and service charge in
          compliance with the requirements of the Housing Corporation and the
          RSL’s Occupancy Agreement with the occupants.

8.3. The RSL will review the charges annually in accordance with its rent and
         service charge setting policy and inform the Support Provider and the
         occupants about any proposed changes to rent or service charges.

9.         Indemnity
9.2. The Support Provider will indemnify the RSL against any action, claim or
         demand against the RSL arising out of any failure on the part of Support
         Provider to fulfil its responsibilities as herein set out or as imposed by
         statute or otherwise falling to be performed by the Support Provider
         save insofar as any costs and losses are covered by any policy of
         insurance effected by the RSL.

9.3. The RSL will indemnify the Support Provider against any action, claim or
         demand made against the Support Provider arising out of the failure of
         the RSL to fulfil its responsibilities as herein set out or imposed upon it
         by statute or otherwise falling to be performed by the RSL.

10.         Insurance

10.2. The RSL will insure the premises to their full replacement value and be
          responsible for the cost of providing temporary accommodation for
          residents if the premises become uninhabitable to cover the period until
          the premises are habitable or such suitable alternative premises have
          been provided by the RSL or the Local Authority.

10.3. The RSL will take out Public Liability Insurance and provide cover of up to
           £……. in the event of damages being awarded against them in respect of
           personal injury to the occupants or visitors to the premises.

10.4. The Support Provider will take out Public Liability Insurance and provide cover
           of up to £……. in the event of damages being awarded against.

10.5. The RSL will keep insured for full value the furniture, fittings and effects within
           the premises.

11.         General

11.2.       Both the RSL and the Support Provider will:

            11.1.1     Pass on to the other within seven days of receipt a copy of
                        any Notice received or served.
            11.1.2     Notify the other immediately of any incident which could lead
                        to adverse publicity or of any change of circumstances or any
                        complaint concerning the Project to the other.
           11.1.3      Not do anything or knowingly permit anything to be done in
                       the Property which would invalidate any insurance taken out
                       by either party or which would increase the premiums
                       payable.
11.3. Should either party become aware of any circumstances that may affect the
          continued provision of the service they have an obligation to inform the
          other within 7 days.

11.4. Should either party have concerns about performance of the other party that
          will have the potential to affect contracts or delivery of service, they will
          inform stakeholders about the nature of the problem and agree any
          action to resolve the problem.


12.        Move On

12.2.      The RSL and the Support Provider agree to implement a move on
           strategy in respect of the properties covered by the agreement. The
           strategy is attached as schedule …..


12.3.      The RSL agrees to provide .......... units of move on accommodation per
           annum. (delete as appropriate)

12.4.      The Support Provider will use its reasonable endeavours to identify
           suitable alternative accommodation for occupants who wish to leave the
           property. At the written request of the Support Provider, the RSL will
           consider the provision of suitable alternative accommodation for
           occupants who are ready for independent living and wish to leave the
           property.

12.5.      In conjunction with the RSL, the Support Provider will use its reasonable
           endeavours to identify suitable alternative accommodation, for occupants
           whose support needs cannot be met in the premises. This is likely to be
           required:-

           12.4.1     If the occupant is inappropriately placed because they require
                      additional support that cannot be provided in their existing
                      accommodation.

           12.4.2     When the behaviour or actions of an occupant are detrimental
                      to themselves or others and cannot be resolved with support.
        12.4.3    Where an occupant is in breach of the Occupancy Agreement
                  and it is agreed that the provision of alternative
                  accommodation should be sought rather than eviction.

        12.4.4    Where it is agreed that an occupant no longer needs the level
                  of support provided.



13.     Grievances

13.2.    In the event of a grievance arising between the RSL and the Support
        Provider, the matter will be raised between the nominated persons for
        the RSL and the Support Provider. If the grievance remains unresolved,
        the RSL may write to the (insert appropriate officer) and the ‘Support
        Provider may write to the (insert appropriate officer).

13.3.   In the case of suspected serious financial mismanagement, either party
        may have recourse to the authority providing funding or responsible for
        regulation of the parties to request their intervention. The instigator of
        this action should give the other party 10 days’ notice in writing of this
        course of action.

14.     Liaison, Review and Revision

14.2.   The parties agree to meet on a monthly/quartertly/annual basis (delete as
        appropriate) to ensure the smooth running of the project.

14.3.   Liaison meetings will focus on:

        14.2.1    Areas where there are joint responsibility, such as selection
                  allocation, health and safety issues
        14.2.2    Support issues where information needs to be shared
                  Maintenance and housing services
        14.2.3      Any action taken by the RSL in respect of the occupancy
                    agreement

14.4.   Both parties agree to respect the confidentiality of information
        concerning the occupants, which may from time to time become
        available to them, in accordance with their published policies.
14.5.    The RSL and the Support Provider may review the working of this
         Agreement annually. Amendments to the Agreement may be made at
         any time with the consent of both parties. If recorded in writing.


14.6.    Equal Opportunities

14.7.    The Support Provider and the RSL are committed to anti-discriminatory
         practice in the recruitment and employment of staff and in delivery of
         services. Both parties agree to follow the principles as laid down in their
         respective Equal Opportunities Policies and in guidance set out by the
         Housing Corporation and ODPM.

15.      Termination

15.2.    This Agreement may only be terminated as follows:-

15.3.    By both parties signing a replacement Agreement.

15.4.    By written agreement of both parties.

15.5.    Upon six months’/one year's (delete as appropriate) written notice given
         by either party.

15.6.    By either party on …..notice (insert notice period) if the contract to
         provide support is withdrawn from the Support Provider.

15.7.    This Agreement will terminate forthwith if either party ceases to exist.

SIGNED

on behalf of ……………………………………………………RSL

DATE



SIGNED

on behalf of ………………………………………………… the Support Provider

DATE
   (a) Definitions

     In this Agreement the following expressions will have the following meanings:



Housing Management Services’                the services provided to ‘Occupants’ by
                                            the Agent on behalf of the RSL and set
                                            out in schedule……..


‘ ‘Notice’                                  any notice received by either party
                                            from any source [excluding notices
                                            seeking possession] which relates to the
                                            ‘Property’, the ‘Occupants’ or the
                                            Project.


‘‘Occupancy Agreement’’                     an ‘Occupancy Agreement’ entered into
                                            by each of the ‘Occupants’ in
                                            accordance with the form of tenancy or
                                            licence agreement set out in Schedule
                                            …….


‘Project’                                  the entirety of the undertaking regulated
                                           by this Agreement and may include more
                                           than one scheme
‘Property’                                  the ‘Property’ or properties more
                                            particularly described in Schedule……..


‘Rent Plan’                                the policy published from time to time by
                                           the RSL in accordance with Housing
                                           Corporation Guidelines then in force
‘‘Occupants’’                               persons accommodated at the
                                            ‘Property’ who will satisfy the selection
                                            criteria set out in Schedule…. and who
                                            enter into an ‘Occupancy Agreement’.
‘SPG’                              Supporting People Grant or any
                                   equivalent grant which replaces or
                                   supplements it.


‘Unit’                             a room, set of rooms or bedspace at
                                   the ‘Property’ capable of being the
                                   subject of an ‘Occupancy Agreement’.


‘Supporting People Administering         means, in respect of a particular
Authority’
                                         local government area—

                                         (a) where the council for that

                                             area is a unitary authority,

                                             the unitary authority; and

                                         (b) where council for that area is

                                             not a unitary authority, the

                                             council for the county or

                                             London borough, the City of

                                             London and the Isles of Scilly;
     Schedule 1

        Housing Management and Support - RSL and Support Provider
                            Responsibilities



1.         The RS is responsible for:-

1.1. Selecting occupants is in accordance with the selection and allocation policy
           agreed with the Support Provider.

1.2. Lettings and facilitating the signing of the Occupancy Agreements.

1.3. Discussing the contents of the agreement with occupants and/or their
          advocates.

1.4. Administering the occupancy agreement and carrying out its obligations as
         landlord and ensuring that the occupants carry out their obligations
         under the agreement.

1.5. Advising occupants on housing related welfare benefits.

1.6. Undertaking legal action relating to breaches of the Occupancy Agreement as
         necessary. The RSL will inform the Support Provider about any legal
         action and will consult Support Provider about any evictions. The RSL
         will bear the cost of any legal proceedings.

1.7. Setting the rent and service charges

1.8. Maintaining proper records of rent and charges payable and received

1.9. Collecting rent and service charges

1.10. Maintaining the premises in accordance with the requirements of the Landlord
           and Occupant Act 1985 subject to agreed budgets. The RSL’s response
           times for repairs are specified in ….
1.11. Arranging and monitoring equipment service contracts
1.12. Maintaining the decoration of both the interior and exterior of the premises to
           a reasonable standard as set out in Schedule…. and subject to the agreed
           maintenance budget.
1.13. Making adequate provision for emergency repairs inside and outside normal
            office hours. The type of repair which falls within this clause is specified
            in Schedule….
1.14. Informing the Support Provider of any statutory notices served on the RSL in
            respect of the property covered by this Agreement
1.15. Keeping accounts for the premises covering housing management, maintenance
            and landlord's services.
1.16. Ensuring that the furniture provided at the Property meets Furniture and
            Furnishings (Fire) (Safety) Regulations 1988 as amended.
1.17. Repairing and replacing all furniture and equipment as required for the efficient
            running of the premises other than occupants' personal property in
            consultation with Support Provider and subject to agreed budget.
1.18. Maintaining an inventory of furniture, white goods, carpets and equipment.
1.19. Keeping all gas and electrical equipment at the Property in good and safe
            working order, replacing where necessary and carrying out regular gas
            and electrical checks.
1.20. Providing adequate means of escape and fire protection equipment in the
            property and arranging to have the equipment serviced on a regular
            basis.
1.21. Providing and maintaining fire equipment at the Premises and replacing where
            necessary all in accordance with the recommendations of the fire officer.
1.22. Undertaking agreed physical adaptations to the premises to meet occupants’
            needs and to provide adequate funds for those purposes provided such
            funds are available.
1.23. Insuring the premises, fixtures, fittings and contents belonging to the RSL up to
            an agreed limit, and providing insurance for the cost of temporary
            accommodation in the event of the premises becoming uninhabitable for
            a reasonable period.
1.24. Cleaning common parts and ensuring that gardens, paths and dustbin areas are
            kept clean and tidy.
1.25. Consulting on and/or involving residents in changes to the management or
            services offered at the scheme
1.26. Paying council tax and providing information to the Local Authority on Council
            Tax when requested (Delete if not appropriate)
1.27. Employing Housing Officers and other appropriate staff to carry out the above
            responsibilities.
1.28. Regular liaison with the Support Provider

2.          The Support Provider is responsible for:-

2.1         Employing the staff to meet the support needs of occupants.
2.2     Assessing the support needs of new referrals in consultation with the
        RSL
2.3     Assessing the support needs of new occupants and ensuring that each has
        a support plan in place to enable them to develop the necessary skills to
        resettle/participate in community and leisure activities.
2.4     The general welfare of occupants
2.5     Meeting occupants needs in areas of safety and well being.
2.6     Providing appropriate support to occupants in respect of their finances
        including advising and assisting in respect of claims for welfare benefits.
2.7    Reviewing the support plans of individual occupants.
2.8    Providing resettlement support to former occupants for up to
        ……months after move-on. (Delete if not appropriate)
2.9    Ensuring that the property is kept safe in accordance with the health and
        safety policies including keeping means of escape free from obstruction
2.10   Undertaking regular fire drills and fire alarm checks
2.11   Notifying the RSL of maintenance defects
2.12   Giving access to the RSL’s maintenance contractors when required
2.13   Maintaining physical security arrangements.
2.14   Liaising with the RSL and the Local Authority to obtain any aids or
        adaptations needed by occupants at the project
2.15   Providing copies of any inspection reports to the RSL
2.16   General liaison with the RSL

				
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