DRAFT MERSEY FOREST AGREEMENT 2010/11 to 2014/15 April 2010 Draft 2 4.1.2010 1 Index Agreement 3 Schedule 1 - Terms of Appointment of Cheshire West and 9 Chester as Fund Holding and Employing Authority Schedule 2 – Basis for the Calculation of Contribution 11 Schedule 3 – Procedure for setting the annual budget and 12 financial rolling programme Schedule 4 – The Decision making and approval process 13 Schedule 5 – Constitution and responsibilities of the Members 15 Steering Group Schedule 6 – Constitution and responsibilities of the Officers 17 Working Group Schedule 7 – Business Plan for 18 Attestation Draft 2 4.1.2010 2 THIS AGREEMENT is made the day of 2009 BETWEEN CHESHIRE WEST AND CHESTER BOROUGH COUNCIL of County Hall Chester CH1 1SF and HALTON BOROUGH COUNCIL of Municipal Building Kingsway Widnes WA8 7QF and KNOWSLEY BOROUGH COUNCIL of and LIVERPOOL CITY COUNCIL of Municipal Buildings Dale Street Liverpool L69 2DH and ST HELENS METROPOLITAN BOROUGH COUNCIL of Town Hall Victoria Square St Helens WA10 1HP and SEFTON METROPOLITAN BOROUGH COUNCIL of Southport Town Hall Lord Street Southport PR8 1DA and WARRINGTON BOROUGH COUNCIL of Town Hall Warrington (hereinafter collectively referred to as “the Councils”) WHEREAS 1. Mersey Forest (“the Forest”) was established in 1991 by Central Government acting through the Countryside Commission (now Natural England), the Forestry Commission and in partnership with the Councils 2. From April 2005 the Forestry Commission assumed the role of national sponsor, taking over that role from the Countryside Agency. Central Government funding was available up to March 2007 and currently future core funding sources are being established at the regional/local level via different mechanisms including the North West Regional Development Agency, earned income and the Regional Forestry Framework. The Forestry Commission and Natural England are committed at a regional and national level to support the work of the Community Forests. 3. The Mersey Forest Team (“the Team”) continues to work closely with the Red Rose Forest Team, and partners and there is an increasing amount of joint working across the Mersey Belt. 4. Cheshire West and Chester Borough Council (“CW&C”) is the employing and fund holding authority. The Lead Officer is the Project Draft 2 4.1.2010 3 Director of the Mersey Forest Team, reporting to CW&C’s Senior Manager Leisure and Green Spaces . 5. CW&C receives advice from the Members Steering Group (Members ) and the Officers Working Group (Officers). Both have representatives from Natural England, the Forestry Commission and co-opted representatives from the private and voluntary sector. 6. The Mersey Forest Plan (Forest Plan) is the 30 year strategic document governing development of the Forest and the current 5 year rolling Business Plan (Business Plan) is the operational document. These documents are the framework for the development of the Forest. The Councils, Natural England and the Forestry Commission will be asked to advise on reviews to the Forest Plan and Business Plan and to approve any revision. 7. The Forest Plan and Business Plan will also act as a guide for the development of links between the Forest Partnership and the Local Strategic Partnerships and Local Area Agreements IT IS HEREBY AGREED AS FOLLOWS : 1. Commencement and duration This Agreement shall be deemed to have commenced on the 1 st day of April 2010 and shall terminate on the 31 st day of March 2015, unless otherwise agreed in writing by the Parties. 2. Legal powers The Councils are empowered under Local Government Acts to enter into agreements with each other for the performance for each other of their statutory powers and functions 3. Purpose of the Agreement The Parties hereby agree to: 3.1 work together in a spirit of mutual support and understanding and use reasonable endeavours to approve and implement the Forest Plan and the Business Plan subject to the terms of this Agreement (The current 2009-2014 Mersey Forest Business Plan is attached at Schedule 7 hereto) 3.2 acknowledge and accept the duty of utmost good faith towards each other in all dealings relating to and arising from this Agreement Draft 2 4.1.2010 4 3.3 renew the appointment of CW&C as fund holding and employing authority subject to the terms set out in Schedule 1 hereto for the duration of this Agreement 3.4 continue the delegation of such forestry and environmental regeneration powers as are necessary to CW&C and between the Councils 3.5 sell services to and purchase services from CW&C and each other where and when appropriate in accordance with the Local Authorities (Goods and Services) Act 1970 3.6 assist in the formation and implementation of a rolling Business Plan and annual budget as detailed in Schedule 4 hereto 3.7 establish and maintain a Members Steering Group as detailed in Schedule 5 hereto 3.8 establish and maintain an Officers Working Group as detailed in Schedule 6 hereto 3.9 give appropriate support and assistance to any charitable body (incorporated or unincorporated) that is able to assist the implementation of this Agreement or in any other specific way as may be agreed in writing by the Councils 3.10 accept a joint and proportionate responsibility for any breach of contract or other claim arising out of any agreement act or omission formally supported by the Members Steering Group and not completely covered by insurance policies 4. Financial contributions 4.1 The Councils agree to pay an annual contribution to CW&C based on the approved budget on the 30 th April each year. These proportionate financial responsibilities must be agreed between the Councils and set out in the annual budget on the basis set out in Schedule 2 4,2 The Councils will pay interest on any late payment of any such contribution at the prevailing local authority seven day borrowing rate calculated on a daily basis 4.3 The Councils agree to credit interest on any balance of contributions held on deposit to the Team account at the same rate 5. Lead Authority powers Draft 2 4.1.2010 5 The Parties hereby agree that in relation to the Forest CW&C has the authority to do the following on behalf of the Councils: 5.1 make grant or funding applications (but not for any central government grant or borrowing consent that would limit any individual Council’s ability to raise funds, unless expressly authorised by the Council concerned) 5.2 receive and hold funds 5.3 organise and or undertake work to develop the Forest 5.4 advise any person and publish information 5.5 make payments 5.6 enter into agreements with individuals and organisations under Local Government legislation 5.7 employ staff (whenever possible on short-term contracts to coincide with the term of this Agreement and any renewal of it) 5.8 to continue existing contractual commitments to officers and others as covered by the budget 5.9 to propose an annual rolling 5 year Business plan and budget 5.10 to enter a Lease fro the provision of office accommodation for the Team 5.11 to change the designation of the officer or officers allocated duties within the agreement 6. Conditions of Lead Authority powers The Parties agree that the authorisation of Lead Authority powers outlined in clause 5 above shall be subject to the following conditions: 6.1 compliance with the decision-making, approval process and other provisions including financial limits set out in the Schedules hereto including Schedule 4 6.2 all applications, receipts, work, advice, publications, agreements and appointments shall be directly related to the Forest Plan and within the approved Business Plan and annual budget or otherwise specifically approved items (Schedule 4 – The Decision Making and Approval Process) Draft 2 4.1.2010 6 For the avoidance of doubt this limits CW&C’s authority to incur expenditure on behalf of the other Councils to the agreed budget and specifically approved items 6.3 powers to buy land on behalf of the other Councils are excluded (any land required will be purchased by one of the Councils or other appropriate body) 6.4 all acts shall be lawful 6.5 an indemnity to the other Councils in respect of any unauthorised or unlawful act approved by CW&C and cross indemnities in like terms by each of the Councils to each other 7. Indemnity and insurance Save in respect of CW&C’s liability as employer which obligation to insure or self insure shall remain with CW&C the Councils will indemnify CW&C and each other against any liabilities arising from authorised activities undertaken in any area of the Councils and will maintain policies of insurance (or otherwise self insure) to cover all those employed as part of the Mersey Forest Team by the Councils (including CW&C) for the usual risks arising from acts or omissions 8. Review and renewal of the Agreement 8.1 The operation of this Agreement shall be reviewed annually by the Officers Working Party and reported to the Members Steering Group 8.2 Nine months before the end of this Agreement CW&C’s Senior Manager Leisure and Green Spaces will write to all the Councils, Natural England and the Forestry Commission seeking their proposals and agreement of the Parties for the renewal of the Agreement for a period of five years including any proposed revisions 9. Failure to renew the Agreement 9.1 It is agreed that a failure to renew could lead to costly redundancies and breaches of contract and other costs and liabilities which would be shared 9.2 It is further agreed that each of the Councils shall use their reasonable endeavours to avoid and/or minimise the costs and liabilities arising from expiry, including if appropriate a limited Draft 2 4.1.2010 7 renewal of the agreement and the assignment of contractual and other liabilities to individual Councils 9.3 Within six months of actual termination CW&C’s Senior Manager Leisure and Green Spaces will produce closing accounts 9.4 Any loss or surplus shown on these accounts including any assets (including intellectual property rights) or termination costs shall be divided between or be borne by Councils on a shared basis.