Managing Money within partnerships and collaborations Maria Ward & Rich Bacon Nottingham CVS

Partnership & Collaboration ? NCVO Collaborative Working Unit Joint working agreements

Informal Network / Partnership No separate legal status outside of the members May have a partnership agreement or not! Members separately bid for and manage own funds Each member manages their own risk

3 collaborative models Lead Provider Special Purpose Vehicle Prime Contractor / Managing Agent

Lead Provider Subcontractor 1 Subcontractor 2 Subcontractor 3 Delivery of contract and services Lead Provider

Lead organisation applies for contract funding on behalf of consortium members Uses some of the funding to deliver services and to manage contract Distributes rest to other members in exchange for delivering parts of the service Risk is managed by the lead organisation

Prime/ Managing Agent Subcontractor 1 Subcontractor 2 Subcontractor 3 Delivery of contract and services Prime Contractor / Managing Agent

Prime Contractor / Managing Agency Usually an established organisation that can hold contracts and distribute sub-contracts Managing agent charges management fee and may not provide services Risk may be subcontracted down

New legal entity Either delivers contract itself through transferred staff/resources or subcontracts to member organisations New legal entity Either delivers contract itself through transferred staff/resources or subcontracts to member organisations Organisation 1 Organisation 2 Organisation 3 Special Purpose Vehicle

Formally constituted as an independent legal entity – usually owned by all members Single point of contracting - risk is maintained in the new entity May set up own back office and management structure which may have to be paid for using money raised Hub & Spokes structure - gives money to members for delivery of a service

How you manage money within partnerships & collaborations is dependent on the collaborative model used and the agreement

Types of agreement Joint working agreement or partnership agreement Memorandum of understanding Service Level Agreement Contract & Sub contract Joint Venture Agreement Each partnership could use one or more of these agreements depending on the consortia and the role of members. Not all members will deliver, some may be advisory roles.

The agreement Must be a written agreement – sometimes compiled with partners It must outline the roles and responsibilities of each partner Outlines how each partner is accountable to the consortium Organisations must identify and assess the risk to their own organisations before signing Confidentiality – about the agreement & business Data protection Disputes Quality Assurance Membership Eligibility – who can join & when

Who controls and is accountable for the money – how often would this be paid, on what terms What to do if a partner doesn't perform or breeches the agreement How overheads, back office costs and management costs are apportioned and paid How an under spend will be used What about monitoring & audits Who is liable? Managing the Money

Can you withhold money if a member does not perform Will the funder withhold money if the whole partnership doesn't perform Are there implications for VAT? What can go wrong?

Do you have experiences of working in partnership that you would like to share?

Any Questions?