Association of Jersey Charities 2017 Service Level Agreement.

STATES OF JERSEY

ASSOCIATION OF JERSEY CHARITIES 2017 SERVICE LEVEL AGREEMENT

Presented to the States on 21st August 2017

by the Minister for Economic Development, Tourism, Sport and Culture

STATES GREFFE

2017  R.100

Letter of Agreement

This letter constitutes a Service Level Agreement between the Association of Jersey Charities  (AJC)  and  the  Economic  Development,  Tourism,  Sport  and  Culture Department of the States of Jersey (EDTSC) and follows the adoption of P.27/2017 by the States Assembly.

It  sets out  the  services  that  are to be  provided,  the  performance and monitoring arrangements and payment terms. These may be changed or varied during the agreement period should both parties agree.

This agreement is for a period from the date of execution until the funds are fully distributed or until 31 December 2017 (whichever is the later).

The main contact person for the AJC is the Chair.

The main contact person for EDTSC is Darren Scott .

Both organisations may nominate a deputy for the purposes of this Agreement.

Both parties are required to comply with relevant, applicable legal and regulatory requirements, including safeguarding, recruitment practices, health and safety, equal

opportunities,  confidentiality  and  data  protection  and  adherence  to  professional registration requirements and professional codes of practice.

1.  Description of Services

The payment of the net proceeds of the 2016 Channel Islands' Lottery in Jersey is to enable the AJC to deliver the following work programme during the period of this agreement. This work programme is divided into two key activities:

1. Grant-making

Activities during the course of the SLA to include:

1. Allocate lottery proceeds in such proportions as specified in Clause 11 on the basis of need, to voluntary and community sector organisations which are either
   1. Members of the Association or (b) organisations that are in possession of charitable tax exemptions from the Comptroller of Taxes in Jersey and which the AJC has determined meet appropriate standards of governance appropriate to their activities.
2. Lottery proceeds must only be used to support charitable work in Jersey.
3. The AJC are required to ensure applicants address how they will meet the How to acknowledge your funding – a guide for funding applicants' guidelines in their applications and monitor grants awarded to ensure that people engaging with projects do understand that it has been supported by players of the Channel Islands Lottery. The guidelines are a requirement of accessing Lottery proceeds.
4. Review, and keep under review, the grant-making criteria and processes to ensure they are fit for purpose.
5. Within one month following the signing of this agreement, present a proposal for approval relating to managing the reporting and governance of grants to those charitable organisations specified in 1.(a).i.(b) above.

2. Development support programme

1. The key activity during the course of this SLA is:

1. to identify the training, development and information needs of AJC members, prospective members and other voluntary and community sector organisations in  relation  to  the  set-up,  governance  and  management  of  their  charitable organisations; and
2. to  continue  development  and  delivery  of  a  comprehensive  package  of development support that meets these needs. This could potentially include, for example:

• an up-to-date web-based information resource;
• a training programme;
• a buddying or peer support programme.

2. As part of a development support programme the AJC will continue to work in partnership and facilitate communication between its members, voluntary and

community  sector  organisations,  government  and  any  other  bodies  who represent or support charities to assist in the delivery of the preceding clauses at its own discretion.

The aim of the development support programme is to help support and upskill the voluntary and community sector, not to champion, campaign or lobby on behalf of specific areas of voluntary and community engagement (e.g. sports, health, homelessness, etc.).

The payment of the net proceeds cannot be used for any purpose other than delivery of this work programme which, for the avoidance of doubt, includes any associated staff, overhead and support costs, without written agreement.

2. Statutory & regulatory requirements

The AJC will comply with all relevant legislation and codes of practice. This may include, but would not be limited to:

• Data Protection (Jersey) Law 2005
• Health and Safety at Work (Jersey) Law 1989
• Control of Housing and Work (Jersey) Law 2012
• Charities (Jersey) Law 2014.

3. Staff and Volunteers

The AJC undertakes to operate sound recruitment, selection and vetting procedures which will include confirmation of Jersey employment / residency status and DBS checks, where appropriate.

The AJC undertakes to provide or allow access to appropriate training and development to ensure that the Committee, staff and volunteers are competent to undertake their duties.

The AJC will ensure that the Committee, staff and volunteers are properly managed and supervised in order to ensure that provision of quality services and in accordance with best practice.

The AJC will ensure that the Committee, staff and volunteers operate in an office or service environment which is suitable for purpose and complies with relevant health and safety standards.

4. Safeguarding

The  AJC  will  ensure  that  the  Committee, staff and  volunteers  are  versed  in  the safeguarding of vulnerable people, to an extent which is appropriate to the activities of the AJC, and are properly supported should they raise safeguarding concerns. The AJC must ensure that the Committee, staff and volunteers receive awareness training if appropriate to their role and activities.

5. Management and Governance

The AJC will ensure that its activities are properly managed and that there are proper organisational governance arrangements in place to ensure those activities are effective and of good quality. This includes appropriate performance management and review for staff.

The AJC must provide a copy of its corporate governance framework to the States prior to the payment of the 2016 proceeds.

The AJC must operate a complaints procedure and ensure that information on how to complain is available to all stakeholders. That procedure will relate to complaints about matters relating to AJC procedures, criteria, etc., but will not relate to complaints about the discretionary elements of grant-making.

In the event that the States of Jersey identifies concerns with the corporate governance framework of the AJC they can write to the AJC suspending further distribution of lottery proceeds until the concerns are addressed.

6. Performance Measures, Quality Standards, Reporting and Monitoring

The AJC will collect the following data and performance information and provide this to the EDTSC Department:

• Audited signed accounts for each year of this agreement, within six months of the organisation's year end, clearly showing receipt of the net proceeds for the Channel Islands Lottery and all other income and expenditure within that financial year. These accounts will be published as part of the States of Jersey accounts.
• A quarterly report, showing performance against the description of services in section 1 above, including the impact of the grants provided by the AJC and the breakdown of grants distributed between members and non-members, to be delivered to the EDTSC Department within one month of each quarter end.

And

• Meet formally with States of Jersey representatives at least twice during the period of this agreement.

7. Confidentiality

The AJC will comply with the requirements of the Data Protection (Jersey) Law 2005 and  ensure  that  all  records  (paper  and  electronic)  are  kept  securely  and  that  the confidentiality of stakeholders is maintained at all times. Any breach or leakage of data or information must be reported to the EDTSC Department.

8. Retention of Records and rights of access

The AJC shall keep and maintain until at least five years after the end date of this agreement full and accurate records relating to the services and grants provided under it,  staffing  and  employment  records,  together  with  all  payments  made,  and  all expenditure reimbursed, by the States.

The AJC shall, on request, afford the EDTSC Department or their representatives or the Comptroller and Auditor General such access to those records as may be required in connection with the Agreement and shall co-operate fully with to respect any reasonable request and shall respond in a timely manner to any questions raised.

9. Insurance

The  AJC  will  secure  and  maintain  appropriate  insurances  which  should  include: employer's liability (to include volunteers as appropriate), public liability, professional indemnity (where appropriate), and premises. The AJC is responsible for ensuring that they have adequate insurance cover to meet any claims arising from the provision of its services and from accident or negligence.

10. Review of Agreement and Termination

This agreement will be subject to a formal annual review and at any point up until its end date. If, within the term of the agreement, changes are identified affecting the nature or scope of services these will be jointly agreed between EDTSC Department, in consultation with the Chief Minister's Department, and the AJC with an implementation timescale to be agreed between the parties.

11. Payment and allocation

The payment of the net proceeds of the Channel Islands Lottery in Jersey from 2016 will be paid in one instalment of £1,250,482.

Of that payment:

1. The sum of £125,000 is paid to the AJC subject to the following conditions:

1. the funds may only be used to provide grants to organisations which are not  Members  of  the  AJC  but  are  in  possession  of  charitable  tax exemptions from the Comptroller of Taxes in Jersey and which the AJC has determined meet appropriate standards of governance appropriate to their activities;
2. the funds must be segregated by the AJC from its general reserves;
3. no applications may be considered and no payments may be made from these funds until the proposal in 1.v. has been approved.

2. A maximum of £50,000 may be used in relation to the Development Support activities as set out in 1.b. above.
3. A maximum of £80,000 p.a. may be used to cover staff, overhead and support costs incurred in connection with the work programme in Section 1.
4. The remaining balance shall be made available to third parties in accordance with the AJC's grant-making criteria.

Payment cannot be made until EDTSC have received two signed copies of this letter of agreement.

There will be no top-up or any other grant payments made under this agreement. There can be no confirmation that any further payment of the net proceeds of the Channel Islands' Lottery in Jersey will be made after payment of the 2016 proceeds. For the avoidance of doubt, the parties agree that any non-compliance with this Letter of Agreement may be taken into account by the EDTSC Department (at its sole discretion) in the assessment of any future payment.

12.  Signatures

Signed on behalf of the AJC:

Liz Le Poidevin  Date Chair, AJC

Signed on behalf of the States of Jersey:

Deputy Murray Norton  Date Assistant Minister

Economic Development, Tourism, Sport and Culture Department States of Jersey