Common use of Payments by Council Clause in Contracts

Payments by Council. 8.1.1 In consideration of the performance of the Company’s obligations under the Agreement by the Company, the Council shall pay the Annual Fee as follows: (a) The Annual Fee shall be computed by the Company reflecting arm's length principles in the annual budgeting process (b) the Annual Fee for the Services shall be deemed to include all reasonable costs incurred in delivering the Services including operational costs, management and support costs other overheads and an arm's length level of profit; (c) the Company will recharge all costs incurred in delivering the Services to the Council and apply an appropriate mark-up; (d) the Company can adjust the charges to each Member to take account of material changes to the expected budgeted costs or scope of Services to be provided, such that the Council will not subsidise the delivery of Services to other local authorities or third parties; and (e) the Company shall work with the Council to support the delivery of savings and additional income identified in the Council’s Medium Term Financial Strategy. 8.1.2 Subject to clause 8.1.1 above the Annual Fee for the first Contract Year of this Agreement shall £4,025,882 (plus VAT) (which is the pro-rated sum for the first Contract Year) as set out in the Business Budget. 8.1.3 The Annual Fee for each subsequent year shall be reviewed and agreed between the Parties as part of the annual process to agree the Business Plan. The review will include (among other things) any requirement for a change to the Services or any part of the Services and any change in the LGPS contribution rate(s) which has an impact on the Annual Fee provided that in the event of the Parties failing to reach agreement not later than 30 days before the beginning of each Contract Year each year the matter shall be determined by the disputes resolution process set out in clause 43 and until the matter has been resolved the Annual Fee for the previous year shall apply and shall be paid by the Council in accordance with this clause 8. 1. The review shall reflect arm's length principles. 8.1.4 The Company shall submit VAT invoice(s) to the Council on the first Working Day of each calendar Month detailing the Services to be provided during the following calendar Month and the amount payable. The sum shall be 1/12th of the Annual Fee and pro-rated for any Contract Year less than 12 (twelve) Months. 8.1.5 The Company shall submit a quarterly reconciliation invoice or credit note within ten (10) Working Days of the end of the respective quarter to reflect the actual cost of the Services incurred in the preceding quarter and a final annual reconciliation invoice or credit note by 30 April each year. 8.1.6 The Council shall pay the sums due to the Company in accordance with clauses 8.1.4 and 8.1.5 above in cleared funds within ten (10) Working Days of receipt of invoices submitted monthly in advance and in respect of the quarterly reconciliation invoice or credit note the Council shall pay sums due to the Company in cleared funds within ten (10) Working Days of invoices submitted quarterly in arrears or to make the necessary credit as appropriate. 8.1.7 The Company shall use its reasonable endeavours to ensure any unforeseen costs associated with delivery of the Services (including costs associated with accidents and claims made by Staff and Changes in Law) are itemised and invoiced as part of the monthly invoice referred to in clause 8.1.4 or as part of the quarterly reconciliation invoice referred to in clause 8.1.5. Where it is not possible to include unforeseen costs in invoices under clauses 8.1.4 and 8.1.5 separate invoices for unforeseen costs shall be provided to the Council by the Company as soon as details of the unforeseen costs are known. 8.1.8 Where unforeseen costs are disputed by the Council Representative and the dispute cannot be resolved the dispute shall be determined by the disputes resolution process set out in clause 43 provided that if such reference to the disputes resolution process puts the Company at risk of insolvency the Council shall indemnify the Company until the matter has been resolved without prejudice to the outcome of the disputes resolution process. 8.1.9 Unforeseen costs as mentioned in clause 8.1.7 above must be itemised and invoiced as part of the monthly invoice referred to in clause 8.1.4 or as part of the quarterly reconciliation invoice referred to in clause 8.1.5. 8.1.10 In the event that the cost to the Company of performing its obligations under the Agreement increases or decreases as a result of a Change of Law within the scope of clause 12, the provisions of clause 12 shall apply.

Payments by Council. ‌ 8.1.1 In consideration of the performance of the Company’s obligations under the Agreement by the Company, the Council shall pay the Annual Fee as follows:follows:‌ (a) The Annual Fee shall be computed by the Company reflecting arm's length principles in the annual budgeting processprocess‌ (b) the Annual Fee for the Services shall be deemed to include all reasonable costs incurred in delivering the Services including operational costs, management and support costs other overheads and an arm's length level of profit;profit;‌ (c) the Company will recharge all costs incurred in delivering the Services to the Council and apply an appropriate mark-up;up;‌ (d) the Company can adjust the charges to each Member to take account of material changes to the expected budgeted costs or scope of Services to be provided, such that the Council will not subsidise the delivery of Services to other local authorities or third parties; andand‌ (e) the Company shall work with the Council to support the delivery of savings and additional income identified in the Council’s Medium Term Financial Strategy.Strategy.‌ 8.1.2 Subject to clause 8.1.1 above the Annual Fee for the first Contract Year of this Agreement shall be £4,025,882 4,169,464 (plus VAT) (which is the pro-rated sum for the first Contract Year) as set out in the Business Budget.Budget.‌‌‌ 8.1.3 The Annual Fee for each subsequent year shall be reviewed and agreed between the Parties as part of the annual process to agree the Business Plan. The review will include (among other things) any requirement for a change to the Services or any part of the Services and any change in the LGPS contribution rate(s) which has an impact on the Annual Fee provided that in the event of the Parties failing to reach agreement not later than 30 days before the beginning of each Contract Year each year the matter shall be determined by the disputes resolution process set out in clause 43 and until the matter has been resolved the Annual Fee for the previous year shall apply and shall be paid by the Council in accordance with this clause 8. 1. The review shall reflect arm's length principles.principles.‌‌‌‌‌ 8.1.4 The Company shall submit VAT invoice(s) to the Council on the first Working Day of each calendar Month detailing the Services to be provided during the following calendar Month and the amount payable. The sum shall be 1/12th of the Annual Fee and pro-rated for any Contract Year less than 12 (twelve) Months. 8.1.5 The Company shall submit a quarterly reconciliation invoice or credit note within ten (10) Working Days of the end of the respective quarter to reflect the actual cost of the Services incurred in the preceding quarter and a final annual reconciliation invoice or credit note by 30 April each year.year.‌ 8.1.6 The Council shall pay the sums due to the Company in accordance with clauses 8.1.4 and 8.1.5 above in cleared funds within ten (10) Working Days of receipt of invoices submitted monthly in advance and in respect of the quarterly reconciliation invoice or credit note the Council shall pay sums due to the Company in cleared funds within ten (10) Working Days of invoices submitted quarterly in arrears or to make the necessary credit as appropriate.appropriate.‌‌‌‌‌ 8.1.7 The Company shall use its reasonable endeavours to ensure any unforeseen costs associated with delivery of the Services (including costs associated with accidents and claims made by Staff and Changes in Law) are itemised and invoiced as part of the monthly invoice referred to in clause 8.1.4 or as part of the quarterly reconciliation invoice referred to in clause 8.1.5. Where it is not possible to include unforeseen costs in invoices under clauses 8.1.4 and 8.1.5 separate invoices for unforeseen costs shall be provided to the Council by the Company as soon as details of the unforeseen costs are known8. 8.1.8 Where unforeseen costs are disputed by the Council Representative and the dispute cannot be resolved the dispute shall be determined by the disputes resolution process set out in clause 43 provided that if such reference to the disputes resolution process puts the Company at risk of insolvency the Council shall indemnify the Company until the matter has been resolved without prejudice to the outcome of the disputes resolution process. 8.1.9 Unforeseen costs as mentioned in clause 8.1.7 above must be itemised and invoiced as part of the monthly invoice referred to in clause 8.1.4 or as part of the quarterly reconciliation invoice referred to in clause 8.1.5. 8.1.10 In the event that the cost to the Company of performing its obligations under the Agreement increases or decreases as a result of a Change of Law within the scope of clause 12, the provisions of clause 12 shall apply.

Payments by Council. 8.1.1 In consideration of the performance of the Company’s obligations under the Agreement by the Company, the Council shall pay the Annual Fee as follows: (a) The Annual Fee shall be computed by the Company reflecting arm's length principles in the annual budgeting process (b) the Annual Fee for the Services shall be deemed to include all reasonable costs incurred in delivering the Services including operational costs, management and support costs other overheads and an arm's length level of profit; (c) the Company will recharge all costs incurred in delivering the Services to the Council and apply an appropriate mark-up; (d) the Company can adjust the charges to each Member to take account of material changes to the expected budgeted costs or scope of Services to be provided, such that the Council will not subsidise the delivery of Services to other local authorities or third parties; and (e) the Company shall work with the Council to support the delivery of savings and additional income identified in the Council’s Medium Term Financial Strategy. 8.1.2 Subject to clause 8.1.1 above the Annual Fee for the first Contract Year of this Agreement shall be £4,025,882 4,169,464 (plus VAT) (which is the pro-rated sum for the first Contract Year) as set out in the Business Budget. 8.1.3 The Annual Fee for each subsequent year shall be reviewed and agreed between the Parties as part of the annual process to agree the Business Plan. The review will include (among other things) any requirement for a change to the Services or any part of the Services and any change in the LGPS contribution rate(s) which has an impact on the Annual Fee provided that in the event of the Parties failing to reach agreement not later than 30 days before the beginning of each Contract Year each year the matter shall be determined by the disputes resolution process set out in clause 43 and until the matter has been resolved the Annual Fee for the previous year shall apply and shall be paid by the Council in accordance with this clause 8. 1. The review shall reflect arm's length principles. 8.1.4 The Company shall submit VAT invoice(s) to the Council on the first Working Day of each calendar Month detailing the Services to be provided during the following calendar Month and the amount payable. The sum shall be 1/12th of the Annual Fee and pro-rated for any Contract Year less than 12 (twelve) Months. 8.1.5 The Company shall submit a quarterly reconciliation invoice or credit note within ten (10) Working Days of the end of the respective quarter to reflect the actual cost of the Services incurred in the preceding quarter and a final annual reconciliation invoice or credit note by 30 April each year. 8.1.6 The Council shall pay the sums due to the Company in accordance with clauses 8.1.4 and 8.1.5 above in cleared funds within ten (10) Working Days of receipt of invoices submitted monthly in advance and in respect of the quarterly reconciliation invoice or credit note the Council shall pay sums due to the Company in cleared funds within ten (10) Working Days of invoices submitted quarterly in arrears or to make the necessary credit as appropriate. 8.1.7 The Company shall use its reasonable endeavours to ensure any unforeseen costs associated with delivery of the Services (including costs associated with accidents and claims made by Staff and Changes in Law) are itemised and invoiced as part of the monthly invoice referred to in clause 8.1.4 or as part of the quarterly reconciliation invoice referred to in clause 8.1.5. Where it is not possible to include unforeseen costs in invoices under clauses 8.1.4 and 8.1.5 separate invoices for unforeseen costs shall be provided to the Council by the Company as soon as details of the unforeseen costs are known. 8.1.8 Where unforeseen costs are disputed by the Council Representative and the dispute cannot be resolved the dispute shall be determined by the disputes resolution process set out in clause 43 provided that if such reference to the disputes resolution process puts the Company at risk of insolvency the Council shall indemnify the Company until the matter has been resolved without prejudice to the outcome of the disputes resolution process. 8.1.9 Unforeseen costs as mentioned in clause 8.1.7 above must be itemised and invoiced as part of the monthly invoice referred to in clause 8.1.4 or as part of the quarterly reconciliation invoice referred to in clause 8.1.5. 8.1.10 In the event that the cost to the Company of performing its obligations under the Agreement increases or decreases as a result of a Change of Law within the scope of clause 12, the provisions of clause 12 shall apply.

Payments by Council. 8.1.1 In consideration of the performance of the Company’s obligations under the Agreement by the Company, the Council shall pay the Annual Fee as follows: (a) The Annual Fee shall be computed by the Company reflecting arm's length principles in the annual budgeting process (b) the Annual Fee for the Services shall be deemed to include all reasonable costs incurred in delivering the Services including operational costs, management and support costs other overheads and an arm's length level of profit; (c) the Company will recharge all costs incurred in delivering the Services to the Council and apply an appropriate markxxxx-up; (d) the Company can adjust the charges to each Member to take account of material changes to the expected budgeted costs or scope of Services to be provided, such that the Council will not subsidise the delivery of Services to other local authorities or third parties; and (e) the Company shall work with the Council to support the delivery of savings and additional income identified in the Council’s Medium Term Financial Strategy. 8.1.2 Subject to clause 8.1.1 above the Annual Fee for the first Contract Year of this Agreement shall be £4,025,882 4,169,464 (plus VAT) (which is the pro-rated sum for the first Contract Year) as set out in the Business Budget. 8.1.3 The Annual Fee for each subsequent year shall be reviewed and agreed between the Parties as part of the annual process to agree the Business Plan. The review will include (among other things) any requirement for a change to the Services or any part of the Services and any change in the LGPS contribution rate(s) which has an impact on the Annual Fee provided that in the event of the Parties failing to reach agreement not later than 30 days before the beginning of each Contract Year each year the matter shall be determined by the disputes resolution process set out in clause 43 and until the matter has been resolved the Annual Fee for the previous year shall apply and shall be paid by the Council in accordance with this clause 8. 18.1. The review shall reflect arm's length principles. 8.1.4 The Company shall submit VAT invoice(s) to the Council on the first Working Day of each calendar Month detailing the Services to be provided during the following calendar Month and the amount payable. The sum shall be 1/12th of the Annual Fee and pro-rated for any Contract Year less than 12 (twelve) Months. 8.1.5 The Company shall submit a quarterly reconciliation invoice or credit note within ten (10) Working Days of the end of the respective quarter to reflect the actual cost of the Services incurred in the preceding quarter and a final annual reconciliation invoice or credit note by 30 April each year. 8.1.6 The Council shall pay the sums due to the Company in accordance with clauses 8.1.4 and 8.1.5 above in cleared funds within ten (10) Working Days of receipt of invoices submitted monthly in advance and in respect of the quarterly reconciliation invoice or credit note the Council shall pay sums due to the Company in cleared funds within ten (10) Working Days of invoices submitted quarterly in arrears or to make the necessary credit as appropriate. 8.1.7 The Company shall use its reasonable endeavours to ensure any unforeseen costs associated with delivery of the Services (including costs associated with accidents and claims made by Staff and Changes in Law) are itemised and invoiced as part of the monthly invoice referred to in clause 8.1.4 or as part of the quarterly reconciliation invoice referred to in clause 8.1.5. Where it is not possible to include unforeseen costs in invoices under clauses 8.1.4 and 8.1.5 separate invoices for unforeseen costs shall be provided to the Council by the Company as soon as details of the unforeseen costs are known. 8.1.8 Where unforeseen costs are disputed by the Council Representative and the dispute cannot be resolved the dispute shall be determined by the disputes resolution process set out in clause 43 provided that if such reference to the disputes resolution process puts the Company at risk of insolvency the Council shall indemnify the Company until the matter has been resolved without prejudice to the outcome of the disputes resolution process. 8.1.9 Unforeseen costs as mentioned in clause 8.1.7 above must be itemised and invoiced as part of the monthly invoice referred to in clause 8.1.4 or as part of the quarterly reconciliation invoice referred to in clause 8.1.5. 8.1.10 In the event that the cost to the Company of performing its obligations under the Agreement increases or decreases as a result of a Change of Law within the scope of clause 12, the provisions of clause 12 shall apply.

Payments by Council. 8.1.1 In consideration of the performance of the Company’s obligations under the Agreement by the Company, the Council shall pay the Annual Fee as follows: (a) The Annual Fee shall be computed by the Company reflecting arm's length principles in the annual budgeting process (b) the Annual Fee for the Services shall be deemed to include all reasonable costs incurred in delivering the Services including operational costs, management and support costs other overheads and an arm's length level of profit; (c) the Company will recharge all costs incurred in delivering the Services to the Council and apply an appropriate mark-up; (d) the Company can adjust the charges to each Member to take account of material changes to the expected budgeted costs or scope of Services to be provided, such that the Council will not subsidise the delivery of Services to other local authorities or third parties; and (e) the Company shall work with the Council to support the delivery of savings and additional income identified in the Council’s Medium Term Financial Strategy. 8.1.2 Subject to clause 8.1.1 above the Annual Fee for the first Contract Year of this Agreement shall be £4,025,882 771,099 (plus VAT) (which is the pro-rated sum for the first Contract Year) as set out in the Business Budget. 8.1.3 The Annual Fee for each subsequent year shall be reviewed and agreed between the Parties as part of the annual process to agree the Business Plan. The review will include (among other things) any requirement for a change to the Services or any part of the Services and any change in the LGPS contribution rate(s) which has an impact on the Annual Fee provided that in the event of the Parties failing to reach agreement not later than 30 days before the beginning of each Contract Year each year the matter shall be determined by the disputes resolution process set out in clause 43 and until the matter has been resolved the Annual Fee for the previous year shall apply and shall be paid by the Council in accordance with this clause 8.to 1. The review shall reflect arm's length principles. 8.1.4 The Company shall submit VAT invoice(s) to the Council on the first Working Day of each calendar Month detailing the Services to be provided during the following calendar Month and the amount payable. The sum shall be 1/12th of the Annual Fee and pro-rated for any Contract Year less than 12 (twelve) Months. 8.1.5 The Company shall submit a quarterly reconciliation invoice or credit note within ten (10) Working Days of the end of the respective quarter to reflect the actual cost of the Services incurred in the preceding quarter and a final annual reconciliation invoice or credit note by 30 April each year. 8.1.6 The Council shall pay the sums due to the Company in accordance with clauses 8.1.4 and 8.1.5 above in cleared funds within ten (10) Working Days of receipt of invoices submitted monthly in advance and in respect of the quarterly reconciliation invoice or credit note the Council shall pay sums due to the Company in cleared funds within ten (10) Working Days of invoices submitted quarterly in arrears or to make the necessary credit as appropriate. 8.1.7 The Company shall use its reasonable endeavours to ensure any unforeseen costs associated with delivery of the Services (including costs associated with accidents and claims made by Staff and Changes in Law) are itemised and invoiced as part of the monthly invoice referred to in clause 8.1.4 or as part of the quarterly reconciliation invoice referred to in clause 8.1.5. Where it is not possible to include unforeseen costs in invoices under clauses 8.1.4 and 8.1.5 separate invoices for unforeseen costs shall be provided to the Council by the Company as soon as details of the unforeseen costs are known8. 8.1.8 Where unforeseen costs are disputed by the Council Representative and the dispute cannot be resolved the dispute shall be determined by the disputes resolution process set out in clause 43 provided that if such reference to the disputes resolution process puts the Company at risk of insolvency the Council shall indemnify the Company until the matter has been resolved without prejudice to the outcome of the disputes resolution process. 8.1.9 Unforeseen costs as mentioned in clause 8.1.7 above must be itemised and invoiced as part of the monthly invoice referred to in clause 8.1.4 or as part of the quarterly reconciliation invoice referred to in clause 8.1.5. 8.1.10 In the event that the cost to the Company of performing its obligations under the Agreement increases or decreases as a result of a Change of Law within the scope of clause 12, the provisions of clause 12 shall apply.