Decision under Delegated Powers
Officer requesting decision
Richard Bennett (Head of planning and Regeneration Services)
Officer making decision
Richard Bennett (Head of planning and Regeneration Services)
Recommendation
That approval be given to enter into a Partnering Agreement, executed as a deed, with the Leicester and Leicestershire Enterprise Partnership, Leicestershire County Council, Leicester City Council and the seven Leicestershire district authority partners with a commitment of £13,927 towards the commissioning of consultants.
Reason
To define the terms and conditions for the joint procurement and funding of a consultancy to undertake a study to provide a Leicester and Leicestershire Housing and Economic Development Needs Assessment.
Authority for Decision
Under the provisions of the Constitution the Head of Service has delegated authority to sign contracts up to a value of £50,000 entered into on behalf of the Council in the course of the discharge of an Executive function (subject to compliance with the Financial Regulations).
Decision and Date
Background
Local Authorities in Leicester and Leicestershire are working collaboratively with the Leicester and Leicestershire Enterprise Partnership to bring forward a Strategic Growth Plan for the Leicester and Leicestershire housing market area.
This work requires evidence to support judgements on the future distribution of jobs and homes and the infrastructure required to support it. The first of these evidential studies is the Housing and Economic Development Needs Assessment which is expected to cost £92,450.
North West Leicestershire District Council has agreed to procure the study on behalf of the partnership and has drawn up a legal agreement detailing the apportionment of costs to enable an equitable share across the partnership as agreed by the Strategic Planning Group. The costs are to be met by the LLEP and Leicestershire County Council contributing a percentage of the overall costs with the balance being met by local authority partners on a percentage of overall HMA population basis, as detailed in the report to Strategic Planning Group on 14 December 2015
Comments from HR
The report has no HR implications
Financial Implications
The total costs of the commission will run to £92,450 with £13,927 being apportioned to the Borough Council, as set out in schedule 2 to the partnering Agreement. The costs can be met from the 2016/17 consultancy budget within the Planning Policy cost centre (P330 D0501).
Risk Management
No specific risks have been identified with this report.
Key Decision: No
Background Papers: Draft Partnering Agreement. Strategic Planning Group Paper - HEDNA Cost Sharing Arrangements (December 2015) Dated
BLABY DISTRICT COUNCIL (1) CHARNWOOD BOROUGH COUNCIL (2) HARBOROUGH DISTRICT COUNCIL (3) HINCKLEY AND BOSWORTH BOROUGH COUNCIL (4) LEICESTER CITY COUNCIL (5) LEICESTERSHIRE COUNTY COUNCIL (6) MELTON BOROUGH COUNCIL (7) NORTH WEST LEICESTERSHIRE DISTRICT COUNCIL (8) OADBY AND WIGSTON BOROUGH COUNCIL (9) LEICESTER CITY COUNCIL on behalf of LEICESTER AND LEICESTERSHIRE LOCAL ENTERPRISE PARTNERSHIP (10)
In relation to the Leicester and Leicestershire Housing and Economic Development Needs Assessment 2016
PARTNERING AGREEMENT
1 T H I S A G R E E M E N T is made the day of 2016
B E T W E E N:
(1) BLABY DISTRICT COUNCIL of Council Offices, Desford Road,
Narborough, Leicestershire LE19 2EP
(2) CHARNWOOD BOROUGH COUNCIL of Council Offices, Southfield
Road, Loughborough, LE11 2TN
(3) HARBOROUGH DISTRICT COUNCIL of The Symington Building, Adam
and Eve Street, Market Harborough, Leicestershire, LE16 7AG
(4) HINCKLEY AND BOSWORTH BOROUGH COUNCIL of Hinckley Hub,
Rugby Road, Hinckley, Leicestershire LE10 0FR
(5) LEICESTER CITY COUNCIL of City Hall, 115 Charles Street, Leicester,
LE1 1FZ
(6) LEICESTERSHIRE COUNTY COUNCIL of County Hall, Leicester Road,
Glenfield, LE3 8RA
(7) MELTON BOROUGH COUNCIL of Parkside, Station Approach, Burton
Street, Melton Mowbray, Leicestershire LE13 1GH
(8) NORTH WEST LEICESTERSHIRE DISTRICT COUNCIL of Council
Offices, Coalville, Leicestershire, LE67 3FJ (“the Lead Member”)
(9) OADBY & WIGSTON BOROUGH COUNCIL of Council Offices, Bushloe
House, Station Road, Wigston, Leicestershire, LE18 2DR
(10) LEICESTER CITY COUNCIL on behalf of LEICESTER AND
LEICESTERSHIRE LOCAL ENTERPRISE PARTNERSHIP of City Hall,
115 Charles Street, Leicester, LE1 1FZ
(hereinafter together called “the Members” and references to “Member” shall be to any one individual party)
2 W H E R E A S the Members have agreed to collaborate together as set out in this
Agreement to support the procurement of a consultant (“the Consultant”) by one of
them (“the Lead Member”) who will produce a report (“the Report”) which will be an assessment across the City, Borough and District areas served by the Members.
1. DEFINITIONS AND INTERPRETATION
1.1 The following words and expressions shall have the meanings assigned to
them except where the context otherwise requires:
1.1.1 “Agreement” means the terms and conditions contained herein together with
the schedules attached hereto and such other documents as may be specified
as forming part of this agreement;
1.1.2 “Consultant” means G L Hearn Limited who have been procured by the Lead
Member to prepare the Report;
1.1.3 “Consultancy Agreement” means the agreement between the Consultant and
the Lead Member;
1.1.4 “Contribution” means the financial contribution by each Member towards the
costs of the Consultancy Agreement, as set out in Schedule 2 and
“Contributions” shall mean all of the individual Members’ Contributions
together;
1.1.5 “Procurement Process” means the scoping, advertising, receiving and
answering of questions, receiving of bids, interviewing and assessing of bids
and the subsequent completion and execution of the Consultancy Agreement
all carried out by the Lead Member.
3 1.1.6 “Lead Member” means North West Leicestershire District Council which shall
act on behalf of the Members together and not on its own account, in relation
to the Procurement Process and shall execute the Consultancy Agreement
and thereafter continue liaison with the Consultant and Members (as
appropriate) and unless otherwise agreed by the Members shall provide the
services of the Joint Strategic Planning Manager to manage the Report
preparation stage.
1.1.7 “Notice” means notice in writing and in accordance with clause 12 to be
delivered to any Member under the terms of this Agreement by another
Member and to take effect in accordance with clause 12.1.
1.1.8 “Project brief” means the Leicester and Leicestershire Housing and Economic
Development Needs Assessment.
1.1.9 “Proportions” means the individual shares to be the responsibility of a Member
as set out in Schedule 2 of any amount due under this Agreement;
1.1.10 “Report’’ means a final written report which satisfies the requirements of the
Project Brief.
1.1.11 “Representative” means the individual (or any successor to the post) identified
as against the respective Member as detailed at Schedule 1.
1.1.12 “Working Day” means any day which is not a Saturday, Sunday or public
holiday in England and Wales.
1.1.13 This Agreement comprises these conditions and terms together with the
Schedules attached hereto and such other documents as may be specified as
forming part of this Agreement.
4 1.2 Words importing the singular also include the plural and the masculine
includes the feminine and vice-versa where the context requires
1.3 The headings in this Agreement shall not be taken into consideration in its
interpretation
1.4 Unless otherwise stated all references to Clauses are references to Clauses
numbered in the conditions and terms of this Agreement and not to those in
any other document attached or incorporated by them
2. PARTNERING - PURPOSE AND COMMENCEMENT
2.1 The Members hereby agree to collaborate in accordance with the terms of this
Agreement.
2.2 The Members hereby appoint the Lead Member and confirm their individual
addresses and their Representative as stated in Schedule 1.
2.3 Unless otherwise agreed in writing by the Members, this Agreement shall not
terminate if a Member changes its name or is taken over by, or merged with,
another local authority or district or area.
3. PROCUREMENT PROCESS
3.1 The Lead Member has carried out the Procurement Process to engage the
Consultant. The Lead Member warrants that it has carried out the
Procurement Process in accordance with all applicable law (including for the
avoidance of doubt, the Public Contracts Regulations 2015)
3.2 The Lead Member shall enter into the Consultancy Agreement for and on
behalf of all the Members.
5 3.3 Under the authority granted to him or her, the Representative of a Member
shall represent the Member for all purposes connected with the performance
of the Member's obligations hereunder. The execution of this Agreement shall
bind each Member in respect of all obligations and liabilities contained in this
Agreement.
3.4 The Representative of the Lead Member shall be the representative for the
purpose of correspondence and discussion with the Consultant on matters
involving the interpretation of the Consultancy Agreement and alterations to
its terms and to the services to be performed under it. The Representative of
the Lead Member shall give Notice of any proposed alteration to the terms of
the Consultancy Agreement and these shall be mutually agreed in writing
between the Members.
4. PERFORMANCE OF THE SERVICES
4.1 The services to be performed under the Consultancy Agreement shall be
carried out in accordance with the terms and conditions of the Consultancy
Agreement, the Project Brief and this Agreement. In the event of any
inconsistency between the terms of the Consultancy Agreement and this
Agreement regarding the carrying out of the services, the Consultancy
Agreement shall prevail.
4.2 The Members agree to pay their Contribution to the Lead Member within
fourteen (14) days of receipt of the Lead Member’s invoice on or after the date
of this Agreement.
4.3 Any alterations or additions to the services to be carried out under the
Consultancy Agreement shall be made by the Lead Member with the prior
6 written consent of all Members. Responsibility for paying for the carrying out
of any additional services under the Consultancy Agreement shall be as
agreed in writing between the Members, in accordance with the proportions
set out in Schedule 2 or as set out in this Agreement.
5. EXECUTIVE AUTHORITY
5.1 No Member shall have authority to bind or to make any commitment on behalf
of any other Member unless such authority is expressed in writing by the
Member concerned.
5.2 Each Member shall give prior Notice of any change in its Representative as
may occur from time to time.
5.3 In the event of there being disagreement between the Members the relevant
Chief Officers of the relevant Members shall meet together and shall use all
reasonable endeavours to seek a resolution.
6. DOCUMENTS
6.1 All documents produced by a Member or the Members in connection with
obtaining the Report shall be made available to other Members at all times.
6.2 During the period of this Agreement and after its termination without limit in
time, no Member shall, save as required by law, disclose to any person any
information which it obtains through its participation under this Agreement
(and shall ensure that its employees shall observe such restrictions) unless
the said information:
6.2.1 Becomes public knowledge; or
6.2.2 Must be disclosed for the proper performance of the services.
7 6.3 The Lead Member shall deal with and co-operate with any requests received
by any Member for information regarding this Agreement in accordance with
the Freedom of Information Act 2000 and shall immediately upon written
receipt notify the other Members to enable Members to recommend a
response to that request for information.
6.4 Notwithstanding clause 6.3 above, nothing in this Agreement shall act to limit
any duties imposed on any Member under the Data Protection Act 1998, the
Freedom of Information Act 2000 and/or the Environmental Information
Regulations 2004 and the Members shall co-operate and assist any Member
who is required to discharge statutory obligations under any of the
aforementioned legislation. The Members shall provide the assistance and
co-operation within reasonable timescales to be prescribed by the Member in
receipt of the statutory enquiry.
7 DEFAULT
7.1 A Member that delays or fails to fulfil its obligations in whole or in part under
this Agreement shall be deemed in default and shall indemnify the other
Members in respect of any losses directly or indirectly arising from such
default.
7.2 A Notice in writing to a Member from all the other Members or the Lead
Member on behalf of the other Members, that the performance of its
obligations under this Agreement is unsatisfactory, shall set out such
reasonable steps to remedy its performance and give the relevant Member a
reasonable time to implement these steps, such period being not less than
seven (7) days. Failure to remedy its performance within the reasonable
8 timescales specified shall for the purposes of this clause mean that the
Member concerned is in default.
7.3 If there shall be a want of performance by the Consultant under the terms of
the Consultancy Agreement such that in the reasonable opinion of the Lead
Member (in consultation with the Strategic Planning Group) the Consultant is
substantially in breach of its obligations under the Consultancy Agreement,
the Members shall determine the appropriate method of re-procuring the
services to be provided under the Consultancy Agreement.
7.4 If a reassignment of work under the Consultancy Agreement is made in
accordance with the foregoing sub-Clause, the Lead Member shall through its
Representative seek to ensure that the defaulting Consultant shall not
obstruct the person, body or firm appointed to undertake the reassigned work
but shall provide him or it with access to all documents and information
necessary for the proper performance of the services under the Consultancy
Agreement.
7.5 Any sums received by the Lead Member from the other Members in payment
for the obligations already undertaken shall be used to reimburse it for its
reasonable expenses incurred and reasonable fees expended pursuant to this
Agreement. The Lead Member shall provide the Members with notice
detailing the amount of the proposed reimbursement pursuant to this clause
7.5. The Lead Member shall provide the aforementioned notice at least
fourteen (14) days prior to the date the reimbursement is required.
7.6 Upon completion or earlier termination of the Consultancy Agreement and
receipt of all amounts due thereunder, the Lead Member shall account to the
other Members and shall be entitled to receive within fourteen (14) days of
9 such account any balance properly due from any Member towards the fees of
the Consultant and the reasonable management and legal costs of the
Consultancy Agreement.
8. FORCE MAJEURE
8.1 The Members shall have no liability to each other in respect of any event
excusing performance for a reason beyond its control including without
prejudice to the generality of the foregoing fire, flood, acts of God, riot, civil
disturbance, war or sabotage the coming into force of any statute, statutory
instrument, regulation or byelaw of the government or any competent
authority rendering the continued performance of the obligations of this
Agreement illegal or impossible.
9. DURATION OF THE AGREEMENT
9.1 This Agreement shall terminate when the Report has been received by the
Members and paid for and the reasonable expenses of the Lead Member
reimbursed to it in accordance with the terms of this Agreement, or later or
earlier as the Members shall decide.
9.2 Provided that the terms of this Agreement shall nevertheless continue to bind
the Members to such extent and for so long as may be necessary to give
effect to the rights and obligations specified in the Agreement.
10 10. LIABILITY
10.1 Each of the Members warrants that it will indemnify and keep indemnified the
other Members against all legal liabilities arising out of or in connection with
the performance, or otherwise, of its obligations under this Agreement save
except any Member which is in default as set out in clause 7 of this
Agreement, any such Member in default shall be responsible for its own
liabilities.
10.2 In the event of it being alleged by one Member in writing that any legal liability
is attributable to another Member or to particular Members, the Members
concerned shall use reasonable endeavours to reach agreement on the
liabilities to be borne by each of the Members alleged to be at fault, and in the
event of the Members concerned failing to so agree, a proper apportionment
shall be determined by resolution between the respective Chief Officers of the
Members concerned in accordance with Clause 5.3.
11. FINANCIAL ADMINISTRATION AND ACCOUNTING
11.1 Each Member shall be responsible for keeping its own accounts in respect of
payments due to it and for its own financial affairs generally.
11.2 The Lead Member shall be responsible for provision of payments to the
Consultant and passing on a note of the costs and any payments due from
each Member accordingly and such costs shall be in accordance with
Schedule 2.
11 12. NOTICES
12.1 Notices under the Agreement shall be in writing and will take effect from
actual receipt at the address stated in Schedule 1. Delivery can be by hand
or facsimile message against a written confirmation of receipt or by registered
letter or by e-mail subsequently confirmed by letter.
13. ARBITRATION
13.1 In event of a failure to resolve any dispute or difference arising out of or in
connection with this contract as set out in clause 5.3, the matter shall be
determined by the appointment of a single arbitrator to be agreed between the
Members in dispute , or failing agreement within fourteen days, after such
Members have given to the other a written request to concur in the
appointment of an arbitrator, by an arbitrator to be appointed by the President
or a Vice President of the Chartered Institute of Arbitrators. The costs of such
appointment to be borne by the Members in dispute in such proportions as the
arbitrator may determine.
14. GOVERNING LAW
14.1 This agreement is made and shall be governed by and construed in
accordance with English Law and the parties irrevocably submit to the
jurisdiction of the English Courts.
15. COUNTERPARTS
15.1 This agreement may be executed in any number of counterparts, each of
which when executed and delivered to the Lead Member shall constitute a
12 duplicate original, but all the counterparts shall together constitute the one
agreement.
16. PROVISION OF REPORTS
16.1 The Lead Member shall, within two (2) Working Days, share with the
Members any draft Report that it may be in receipt of from the Consultant.
The Lead Member shall, as soon as reasonably practicable, forward to the
Consultant any comments that may be received from Members in respect of
the draft Report.
16.2 The Lead Member shall provide the Members with a copy of the Report within
two (2) Working Days of it being received from the Consultant.
13 EXECUTED as a DEED by BLABY DISTRICT COUNCIL
Witness to the Seal
14 EXECUTED as a DEED by CHARNWOOD BOROUGH COUNCIL
Witness to the Seal
15 EXECUTED as a DEED by HARBOROUGH DISTRICT COUNCIL
Witness to the Seal
16 EXECUTED as a DEED by HINCKLEY AND BOSWORTH BOROUGH COUNCIL
Witness to the Seal
17 EXECUTED as a DEED by LEICESTER CITY COUNCIL
Witness to the Seal
18 EXECUTED as a DEED by LEICESTERSHIRE COUNTY COUNCIL
Witness to the Seal
19 EXECUTED as a DEED by MELTON BOROUGH COUNCIL
Witness to the Seal
20 EXECUTED as a DEED by NORTH WEST LEICESTERSHIRE DISTRICT COUNCIL
Authorised Signatory
21 EXECUTED as a DEED by OADBY AND WIGSTON BOROUGH COUNCIL
Witness to the Seal
22 EXECUTED as a DEED by LEICESTER CITY COUNCIL on behalf of the LEICESTER AND LEICESTERSHIRE LOCAL ENTERPRISE PARTNERSHIP
Witness to the Seal
23 SCHEDULE 1 Local Representative Chief Director’s Authority Officer designation Member
Name: Rob Thornhill Title: Development Strategy Manager Email: [email protected]
Blaby District Blaby District Council Director of Place Mark Alflat Council Council Offices Desford Road Narborough Leicester LE19 2EP
Name: Paul Tebbitt Title: Principal Planning Officer Email: [email protected] Strategic Director of Charnwood Eileen Housing, Planning, Borough Charnwood Borough Council Mallon Regeneration and Council Council Offices Southfield Road Regulatory Services Loughborough LE11 2TN
Name: Stephen Pointer Title: Strategic Planning and Housing Manager Email: [email protected] Harborough Norman Corporate Director – District Harborough District Council Proudfoot Community Services Council The Symington Building Adam and Eve Street Market Harborough Leicestershire LE16 7AG
Name: Andy Killip Title: Planning Manager (Policy) Email: andy.killip@hinckley- bosworth.gov.uk
Name: Valerie Bunting Hinckley and Title: Housing Strategy and Enabling Officer Bosworth Deputy Chief Email: valerie.bunting@hinckley- Bill Cullen Borough bosworth.gov.uk Executive Council Hinckley & Bosworth Borough Council Hinckley Hub, Rugby Road, Hinckley, Leicestershire, LE10 0FR
24 Name: Fabian D’Costa Title: Team Leader Policy Team Email: [email protected]
Name: Rob Foers Title: Senior Planning Officer Director of Planning, Leicester City Email: [email protected] Andrew Transportation & Council Smith Economic Leicester City Council Development City Hall 115 Charles Street Leicester LE1 1FZ
Name: Sharon Wiggins Title: Strategic Planning Manager Email: [email protected]
Name: Andy Yeomanson Title: Team Manager (Transport Strategy Leicestershire and Policy Team) Tom Assistant Chief County Email: [email protected] Purnell Executive Council Leicestershire County Council County Hall Leicester Road Glenfield LE31 8RA
Name: Ripple Gupta Title: Planning Policy Officer Email: [email protected]
Melton Melton Borough Council Christine Borough Parkside Strategic Director Station Approach Marshall Council Burton Street Melton Mowbray Leicestershire LE13 1GH
Name: Katie Mills Title: Planning Policy and Town Centres Team Manager North West Email: [email protected] Director of Services Leicestershire Steve North West Leicestershire District Council and Deputy Chief District Bambrick Council Offices Executive Council Whitwick Road Coalville Leicestershire LE67 3FJ
25 Name: Adrian Thorpe Title: Planning Policy and Regeneration Manager Email: adrian.thorpe@oadby- Oadby & wigston.gov.uk Wigston Mark Hall Chief Executive Borough Council Offices Council Bushloe House Station Road Wigston Leicestershire LE18 2DR
Leicester City Name: Mandip Rai Council on Title: Head of Strategy and Engagement behalf of Email: [email protected] Director of Planning, Leicester and Andrew Transportation and LLEP Leicestershire City Hall Smith Economic Local 115 Charles Street Development Enterprise Leicester Partnership LE1 1FZ
26 SCHEDULE 2
Local Authority Member Financial Contribution
£7,698.00 Blaby District Council
£13,927.00 Charnwood Borough Council
£7,065.00 Harborough District Council
Hinckley and Bosworth £8,647.00 Borough Council
£19,833.00 Leicester City Council
£9,500.00 Leicestershire County Council
£4,095.00 Melton Borough Council
£7,698.00 North West Leicestershire District Council
£4,487.00 Oadby & Wigston Borough Council
£9,500.00 Leicester and Leicestershire Local Enterprise Partnership
27