Outside body

Inter Authority Agreement (IAA) between CCoS and Bridgend, which will aim to procure a regional contract for the treatment of food waste. The IAA requires the formation of a Partnership Board which will consist of two voting elected member representatives from each authority.

 

1.                   DECISION MAKING

1.1                In terms of the need for decisions and other actions to be taken and carried out pursuant to the performance of the Project Tasks, the Councils have identified the following three categories together with the means by which they will be taken:-

1.1.1            "Lead Officer Matter" - being a matter which is to be decided upon at a meeting of the Lead Officers;

1.1.2            "Partnership Board Matter" – being a matter which is to be decided upon at a quorate meeting of the Partnership Board by those present and entitled to vote and any such decision will be binding on the Councils;

1.1.3            "Reserved Matters" – being the issues as to whether this Agreement should be terminated or whether the Contracts should be terminated.  If the Councils fail to reach the same decision in respect of such matter then the matter shall be referred under Clause 26 (Dispute Resolution) as a dispute for resolution,

2.                   PARTNERSHIP BOARD

2.1                The Councils shall form a Partnership Board ("Partnership Board"), to carry out the functions set out in Schedule 1 (Partnership Board Terms of Reference). 

2.2                The Partnership Board shall not have power to approve any Reserved Matters pursuant to Clause 5.1.3.

2.3                Each Council shall appoint two voting elected member representatives to the Partnership Board.  Each Council will include among its appointees, unless there are over-riding reasons to the contrary, the member of the Executive of that Council who has portfolio responsibility for waste functions within that Council. The Chairperson of the Partnership Board shall be appointed by the Partnership Board from time to time and shall alternate on an annual basis between the Councils.

2.4                Each Council shall appoint Members as mentioned in paragraph 1 above and a Member so appointed shall hold office until the Member:

6.4.1     dies; or

6.4.2     resigns; or

6.4.3     becomes disqualified in accordance with Section 80 of the Local Government Act 1972; or

6.4.4     ceases to be a Member of the Authority they represent; or

6.4.5     is suspended;

6.4.6     the Authority which the Member represents has decided that another Member should act in their place.

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2.5                The Contract Manager shall notify a Council if one of their Members fails to attend three consecutive meetings of the Partnership Board

2.6                If for any reason there shall be a vacancy in the representation of any Council on the Partnership Board allowed under the terms of this Agreement for the time being the Authority in whose representation the vacancy occurs may forthwith fill such vacancy by appointment evidenced in writing by their chief executive officer or other authorised officer as the case may be

2.7                Each Council shall be entitled from time to time to appoint a deputy for each of its representatives but such deputy (in each case) shall only be entitled to attend meetings of the Partnership Board in the absence of his or her corresponding principal.

2.8                The Council shall be entitled to invite appropriate third parties to observe Partnership Board Meetings and such third parties shall be entitled to take part in such Partnership Board Meetings at the discretion of the Chairperson of the Partnership Board.  Such observers shall not have a vote.  For the avoidance of doubt, the Statutory Officers of each Council shall be entitled to attend and participate in Partnership Board Meetings in a non-voting capacity.

2.9                Each Council may, at their discretion, replace their representatives (and their respective deputies) appointed to the Partnership Board, provided that at all times, they have representatives appointed to the Partnership Board in accordance with the roles identified in Clause 6.3 above.

2.10             The Partnership Board shall meet as and when required but at least once every 12  weeks, or at such frequency as the Partnership Board shall determine and, in any event, at appropriate times and on reasonable notice (to be issued through the Contract Manager) to carry out the Partnership Board functions required by this Agreement.  

2.11             The meetings of the Partnership Board shall be convened by notice in writing issued by the Contract Manager or by the Chair and delivered to each Member of the Partnership Board and such co-opted person as required or sent by post to or delivered to the Member’s or co-opted person’s address as notified to the Contract Manager at least three clear working days before the day of the meeting.

2.12             The quorum necessary for a Partnership Board meeting shall be at least one voting Member from each Authority shall be present, one of whom must be the Chair or Vice Chair.

2.13             At meetings of the Partnership Board each elected member or appropriate deputy appointed pursuant to Clause 0 above or appropriate proxy from the Council shall have one vote. Decisions at meetings of the Partnership Board will be taken by a unanimous vote.  The Contract Manager shall not have a vote .

2.14             If, at a meeting of the Partnership Board, a matter is not determined by a majority vote pursuant to Clause 6.13, ("Unresolved Matter")  the Chair shall not have a casting vote and any Unresolved Matter shall be deferred for consideration at the next Partnership Board Meeting which shall be convened within 10 (ten) Business Days of that meeting.  If at the reconvened Partnership Board meeting the Unresolved Matter is not determined by a majority vote, the Unresolved Matter shall be referred to the Chief Executive or Council Leader(s) (as appropriate) of the Councils for resolution.

2.15             Each Council shall provide all information reasonably required upon request by the Partnership Board and shall comply with any decisions of the Partnership Board to request such information.

2.16             Each  Council shall consult with the other to ensure the diligent progress of the day to day matters relating to the Project Tasks.

 

Schedule 1

PARTNERSHIP BOARD TERMS OF REFERENCE

Aims/Purpose

1.                   To oversee the progress and implementation of the Project and Project Agreement, to give the Project strategic direction and to carry out the Partnership Board functions set out in this Agreement.

2.                   The Partnership Board will be the key body to oversee the Project and to represent the interests of the Councils and its stakeholders. The Partnership Board will also be responsible for monitoring Project progress and managing the political dimensions of the Project.

Functions

3.                   The Partnership Board will carry out the following general functions:

3.1                provide strategic direction to the Lead Officers and Contract Manager (to include approval of remit for the Lead Officer and approval of any resourcing issues);

3.2                act as a representative for the Council's Executive/Cabinet to ensure consistency with individual objectives and visions;

3.3                monitor Project performance, management and working arrangements (to include the necessary audit and assurance checks);

3.4                ensure that sufficient resources are committed to the Project;

3.5                arbitrate on any conflicts within the programme or negotiate a solution to any problems between the programme and external bodies;

3.6                communicate and provide progress on strategic issues within the Project; and

3.7                promote partnership working between the Councils.

 

4.                   Pursuant to this Agreement, the following specific functions are given to the Partnership Board:

4.1                determining the Liability Report prepared by the Lead Council (or nominating another Council to prepare such Liability Report if the Defaulter Council is the Lead Council) setting out the liability of a Defaulter Council pursuant to Clauses 2.7.2  or 2.7.3 (Termination) or Clause 16.2 (Withdrawal);

4.2                determination of any Lead Officer Matters that have been referred to the Partnership Board ;

4.3                if required  by Clause 9.2.2 to  approve and apportion, the Annual Cost between theCouncils;

4.4                approval of any set-off of any monies owed by the Winning Contractor to the Lead Council under the Clause relating to Set-Off of the Project Agreement, including the determination of how such set-off affects the Non Lead Council’s Payment Proportion;

4.5                determination of the liability proportions of the Council in respect of any indemnities to be paid pursuant to Clause 12.8 (Liability of the Councils); and

4.6                determination of any disputes referred by the Lead Officers pursuant to Clause 25.3 (Dispute Resolution).

5.                   The Lead Council will provide clerical support for the Partnership Board including convening meetings and maintaining minutes.

6.                   The Councils will provide financial, legal, procurement and technical advice and support to the Partnership Board as and when required and the Lead Officers shall determine which Council shall provide the relevant area of expertise.

7.                   The Partnership Board shall not have the power to determine Reserved Matters which include the Termination of the Project Agreement;