BOURNEMOUTH BOROUGH COUNCIL (1)
and
THE COUNCIL OF THE BOROUGH OF POOLE(2)
INTER-AUTHORITY AGREEMENT
relating to the obligations of both Councils working together for the duration of the BSF Programme.
Tanya Coulter
Legal Services Manager
Bournemouth Borough Council
Town Hall, Bourne Avenue
BOURNEMOUTHDorset BH2 6DY
FINAL
CONTENTS
- INTERPRETATION
- COMMENCEMENT AND DURATION
3.GUIDING PRINCIPLES AND OBJECTIVES
4.FINANCE
5.DELEGATION OF POWERS
6.GOVERNANCE
7.CONSTRUCTION – WAVE 6 BSF SCHOOLS
8.PROVISION OF ICT – WAVE 6 BSF SCHOOLS
9.PHASING OF WORK
- PRINCIPAL OBLIGATIONS OF BOURNEMOUTH BOROUGH COUNCIL
- PRINCIPAL OBLIGATIONS OF THE BOROUGH OF POOLE
- PARTNERSHIP
- REVIEW
- MITIGATION
- INDEMNITIES AND INSURANCE
- OBLIGATIONS OF THE COUNCILS IN RELATION TO APPROVALS & STANDING ORDERS
- STATUTORY RESPONSIBILITIES
- TERMINATION OF THE IAA
- DISPUTE RESOLUTION PROCEDURE
- INTELLECTUAL PROPERTY RIGHTS
- ASSIGNMENT
- COUNTERPARTS
- CONFIDENTIALITY
- JURISDICTION
- MALADMINISTRATION
- NOTICES
- AUDIT
- PUBLIC RELATIONS AND PUBLICITY
- DATA PROTECTION
- FREEDOM OF INFORMATION
- SEVERABILITY
- SUCCESSORS
- THIRD PARTY RIGHTS
- WAIVER
- ENTIRE AGREEMENT
SCHEDULE 1 BSF GOVERNANCE STRUCTURE
SCHEDULE 2 SCHOOLS IN WAVE 6
SCHEDULE 3 Memoranda of Agreement dated July 2007 & January 2009 and Inter-Authority Agreement dated 9 July 2009
This Inter-Authority Agreement is made on the day of 2010. BETWEEN
(1)BOURNEMOUTH BOROUGH COUNCIL of Town Hall, Bourne Avenue, Bournemouth, Dorset BH2 6DY(“BBC”); and
(2)THE COUNCIL OF THE BOROUGH AND COUNTY OF THE TOWN OF POOLE of Civic Centre, Poole, Dorset BH15 2RU (“BOP”).
BACKGROUND
(A)The Department for Children, Schoolsand Families(DCSF) (formerly known asthe Department for Education and Skills) (DfES) and PartnershipsUK set up Partnershipsfor Schools(PfS) to manage the delivery of the "Building Schoolsfor the Future" (BSF) programme (the “BSF Programme”).
(B)Under the BSF Programme the ownership and responsibility for all aspects of local education, including capital investment, will remain with the relevant local Council.
(C)The Councils are the statutory local educational authorities for their administrative areas.
(D)The Councils are committed to a joint vision to transform education and the lives of all children and young people in Bournemouth and Poole (“the Vision”). This will be achieved by the Councils’ participation in the BSF Programme.
(E)Schools from both Councils have been accepted into wave 6 of the BSF programme. The schools in this wave are appended in Schedule 2.
(F)This Agreement is to reflect the change of procurement from a LEP partner for both build and ICT elements of the BSF Programme to separate procurement route for each of these elements.
(G)The Councils will procure Building Contractors through the PfS National Framework for the building element of the BSF Programme.
(H)The Councils will procure a private sector partner for the ICT element of the BSF Programme byissuing a contract notice in the European Journal (the OJEU Notice) and following a competitive dialogue process.
(I)Each Council will separately procure Facilities Management (FM) in relation to wave 6 BSF schools in their respective areas. Costs in relation to the procurement and provision of FM will be borne by each Council separate from and in addition to the FAM funding and the funding set aside by both Councils for programme management.
(J)The Councils are committed to joint working to improve efficiency wherever possible. They intend to achieve such joint working by means of a joint Programme Board for the duration of the BSF Programme. The Steering Committee and Strategic Programme Board make up the governance structure of the BSFProgramme. The governance structure is appended in Schedule 1.
(K)In accordance with sections101 (5) and 111 of the Local Government Act 1972, section 2 of the Local Government Act 2000, section 13, section 14 and section 508 of the Education Act 1996 and section 22 of the SchoolsStandards and Framework Act 1998, the Councils agree to enter into thisInter Authority Agreement (“thisAgreement”) to establish a strategic partnering relationship between the Councils relating to the procurement of private sector partners.
(L)This Agreement supersedes earlier arrangements under Memoranda of Understanding dated July 2007 and January 2009 and the Inter-Authority Agreement dated 6th July 2009as appended at Schedule 3.
OPERATIVE PROVISIONS
1. DEFINITIONS AND INTERPRETATION
1.1In this Agreement the following definitions will apply.
“Agreement” / means this Inter-Authority Agreement“Agreement Date” / means the date this Agreement is signed
“BSF Programme” / means the Building Schools for the Future Programme
“BSF Programme Team” / means the team of jointly appointed individuals to manage and operate the BSF Programme.
“BSFI” / means the vehicle created by the Department for Children, Schools and Families (DCSF) and Partnerships UK to invest in the BSF Programme.
“Control Option”
/ means the allocation of funding to deliver the vision“Construction Programme Milestone” / means one of the following milestones as appropriate:
OBC – Outline Business Case
PITT – Pre-liminary Invitation to Tender
ITT – Invitation to Tender
ITSB – Invitation to submit Final Bids
Selection of Preferred Bidder
Financial Close
Construction starts
Sample school open
“Councils” / means Bournemouth Borough Council and the Council of the Borough of Poole.
“D&B” / means Design and Build
“Funding Envelope” / see Funding Allocation Model below, which describes how the funding envelope is calculated.
“Funding Allocation Model FAM” / means a funding model based on pupil numbers in 2018 and a percentage split as follows: 50% rebuild, 35% redesign and build, 15% refurbishment and produces a £ spend per school. The FAM is used to calculate the Funding Envelope.
“ICT Programme Milestone”
“Lead Authority” / means one of the following milestones as appropriate:
OBC – Outline Business Case
OJEU – Official Journal of the European Union
ITPD – Invitation to Participate in Dialogue
ITCD – Invitation to Continue Dialogue
Final Bid
Selection of MSP
Installation of ICT
Sample school open
means for the purpose of procuring from the PFS National Framework, the Borough of Poole.
“LEP” / means a public private partnership between a local authority, BSFI and a private sector partner focused on delivering BSF investment.
“Local Funding Model”
“MSP” / means the funding model used to determine £ spend on schools on wave 6 based on pupils numbers and the individual need of the school.
means Managed Service Provider
“OBC”
“Panel Member” / means Outline Business Case.
means a building contractor on the PFS National Framework
“PFI” / means Private Finance Initiative.
“PFS”
“PFS National Framework” / means Partnerships for Schools which has been created by the Department for Children, Schools and Families and Partnerships UK to deliver the BSF Programme.
means the PFS National Framework procured by PFS under OJEU 2009/S47 - 068168dated November 2009 containing 12 panel members under which local authorities can appoint such panel members for the purpose of construction of schools.
“Project Data” / means all information created, collated and obtained by the BSF Programme Team
“SampleSchool”
/ means AshdownTechnologyCollege, Poole which will be the first school in construction in wave 6.“Stakeholder Groups”
/ means Schools Partnership, Community Groups,Business Groups, Young People Groups Representatives and Local Government.
“Steering Committee”
/ as set out in Clause 6“Strategic Programme Board”
/ as set out in Clause 6“the Vision”
/ means to transform education and the lives of all children and young people in Bournemouth and Poole by- enabling every individual child opportunities and support tailored to their individual needs;
- raising educational standards
- achieving this in a context of inclusion and in response to local needs, with schools as the specialist centres of excellence
- creating inspirational and sustainable learning environments
- enabling a change in the age of transfer in Poole administrative area
1.2Words importing one gender shall include all other genders and words importing the singular shall include the plural and vice versa.
1.3Any obligation on the part of any of the parties not to do an act or thing shall include an obligation not to permit or suffer such act or thing to be done by another person.
1.4Any reference to a statute shall include reference to any subordinate legislation or any modification amendment or re-enactment of such statute or subordinate legislation.
1.5The clause, paragraph and schedule headings do not form part of this Agreement and shall not be taken into account in its interpretation.
2. COMMENCEMENT AND DURATION
2.1This Agreement shall commence on the Agreement date and continue for the duration of the wave 6 BSF Programme.
3. GUIDING PRINCIPLES AND OBJECTIVES
3.1The Councils aim to transform education and the lives of all children and young people across both Boroughs by working in close collaboration. The Councils aim to achieve this by addressing the following issues:
- Raising educational standards
- Diversity, choice and access
- Underperforming schools
- Personalised learning
- 14-19 entitlement
- Integrated services
- Inclusion
- Effective Change Management
- Community cohesion
- Sustainable schools
3.2These principles will underpin the educational transformation across both Boroughs.
3.3Through strong joint corporate working, the BSF Programme brings the opportunity to join together activities and procurement arrangements, thereby building on both councils’ strengths and allowing a more efficient and effective approach to procurement.
3.4Both Councils agree to work together to further the guiding principles and objectives of the BSF Programme and to carry out those steps which appear reasonable in furtherance of the BSF Programme objectives.
3.5The Councils agree to co-operate fully with the guiding principles and objectives of the BSF Programme, to ensure the success of the BSF Programme and the performance of the relevantcontracts. The Councils will do this by:
- Transparency in their dealings with each other
- Sharing all relevant information and analysis in regard to the subject matter of the relevant contracts.
- Openly sharing, discussing, developing ideas and contributing fully to all aspects of the BSF Programme.
- Ensuring that the necessary authority and permissions are in place in a timely manner.
4.FINANCE
4.1The Councils agree that the principles for allocation of resources are as follows:
4.1.1The base Funding Allocation Model (FAM) is a formula used by PFS. It is based, amongst other things, on pupil numbers in 2018 and on a split of 50% new build, 35% remodel and 15% refurbishment across the programme.
4.1.2The Strategy for Change Part 2 (SfC2) and the Outline Business Case (OBC), approved by both Councils, sets out how the base FAM funding will be allocated to each school in wave 6 in order to achieve the Vision and to address the current state of the existing school buildings in wave 6. Both Councils recognise that the allocation of funding set out in the SFC2 and OBC does not reflect the 50:35:15 original FAM funding allocation per school but the agreed funding allocation required to deliver the programme vision.
4.1.3The funding identified via the FAM for construction includes funding over and above that normally allocated to BSF Programmes due to PfS’ agreement to apply December 2008 indices to the first two schools (Ashdown and Kings High). This has produced additional funding of £6.8m (at March 2010 indices). This indexed sum will be held as a programme construction contingency for wave 6 schools and its use and distribution will be agreed by both Councils prior to its allocation.
4.1.4Should there be an unavoidable need to fund on-site construction costs at a wave 6 school which exceeds the original allocation of FAM funding and there has been no change in scope of works, the BSF Strategic Programme Board will consider the use of the contingency following a report from the BSF Programme Director.
4.1.5The relevant Council will be required to meet any costs over and above the FAM funding should the use of the contingency not be agreed by both Councils
4.1.6Should it become certain during the delivery of the whole BSF Programme that the contingency will not be wholly used then the BSF Programme Director will propose to the BSF Strategic Programme Board how any unallocated funding could be allocated to any remaining schools in wave 6. The BSF Strategic Programme Board will refer their findings of such funding to both Councils.
4.1.7The FAM funding (including programme contingency) does not include funding for offsite costs which are the responsibility of the relevant Council. Offsite costs include off site planning and transportation requirements, Section 106 contributions, and local enhancements. These costs have been estimated in the OBC and both Councils have committed to funding them.
4.1.8The estimated costs identified against each wave 6 school in the OBC are fixed, but aresubject to indexation. Any changes to either Councils requirements subsequent to the OBC are outside of the agreement with DCSF and will be the responsibility of the relevant Council, unless the use of contingency has been agreed by the BSF Strategic Programme Board.
4.1.9Each Council has agreed to hold a contingency sum of its own and will allocate this at their discretion.
4.1.10Should any wave 6 school project be delivered under budget and the BSF Strategic Programme Board has not agreed to increase the scope of that wave 6 school project to use the underspend, then the unused funding will be included within the BSF programme contingency and allocated in accordance with clause 4 of this Agreement.
4.2The initial investment in BSF ICT hardware and software will be funded from the FAM funding in accordance with the programme of investment agreed following the completion of the BSF ICT competitive dialogue process. Any additional costs that exceed the FAM allocation will be met by the relevant wave 6 school/Academy.
4.3 The cost of the annual ICT managed service will be funded by each wave 6 school/Academy based on an agreed per pupil rate. Any additional services not included within the per pupil rate will be funded by the relevant wave 6 school/Academy
4.4Each Council will separately procure Facilities Management (FM) and life cycle solutions in relation to wave 6 BSF schools in their respective areas. Costs in relation to the procurement and provision of FM and lifecycle will be borne by each Council separate from and in addition to the FAM funding and the funding set aside by both Councils for programme management. Each Council will ensure that their FM and lifecycle solutions will be of a necessary standard to protect BSF investment in wave 6 BSF schools.
4.5The cost of funding the programme management of the BSF Programme, which includes the BSF team and the cost of external advisers, will be shared between the Councils on an equal basis for the duration of the wave 6 BSF Programme. In the event that either Council commissions work or is subject to a charge that is unique to its own Council and is not considered by the BSF Strategic Programme Board to be a programme cost, the cost will be funded wholly by that Council.
4.6At the inception of the BSF Programme and at the beginning of each subsequent financial year, the BSF Steering Committee will agree a pooled budget to which each Council will contribute in equal proportions. This will include all reasonable costs, including accommodation, salaries, travel and subsistence, business/professional support services, and other expenses that are necessary for the delivery of the BSF Programme.
4.7There will be regular financial reporting to the BSF Steering Committee and BSF Strategic Programme Board and to each Council at each ICT and/or Construction Programme Milestoneor sooner if requested.
4.8In the event of the BSF Programme objectives being frustrated and/or the Councils taking a joint decision not to proceed further, then all costs, expenses and liabilities that have been incurred jointly will be met in equal proportions by the Councils up to the date of the full closure of the joint phase of the BSF Programme.
4.9Following the completion of the final wave 6 school both Councils will contribute equally to any wind down costs that may occur in closing the BSF Programme.
4.10Every effort has been made to mitigate any VAT risk exposure and assurances have been received from PfS to support the Councils should a risk materialise. However, the risk ultimately rests with the relevant Council.
5. DELEGATION OF POWERS
5.1Members of the Steering Committee and Strategic Programme Board will receive appropriate delegated authority from each Council for each phase of the BSF Programme and take all appropriate steps to complete that phase within a framework of clearly defined Programme Milestones, including the incurring of expenditure within budgetary limits.
5.2Once a milestone is reached, theStrategic Programme Board will report to the appropriate decision-making body of each Council setting out actions taken and recommending decisions that are required from each Council including granting further delegation to the Board members, if appropriate, for the next phase of the BSF Programme.
6. GOVERNANCE
6.1The Councils recognise that progress will be based on robust governance in line with best practice in programme and project management.
6.2The BSF Programme will be governed by a Steering Committee and a Strategic Programme Board.
6.3The Councils have jointly appointed a Programme Director who supports the Programme and is responsible to the Steering Committee and Strategic Programme Board.
6.4The Steering Committee will comprise three members from each Council. A member from each Council shall Chair alternate meetings. The quorum of a meeting will be 4 members.
6.4.1The officers who will advise it include:
- The Chief Executives from each Council
- The assigned Directors from each Council and any other Director deemed appropriate.
- Chief Finance Officer (Section 151 Officer), Borough of Poole.
- Service Director, Law & Governance (Monitoring Officer), Bournemouth Borough Council.
- Director, BSF Programme.
- Chair of Schools Partnership
6.4.2The officers may speak but not vote.
6.5The Strategic Programme Board will comprise:
- The Chief Executives from each Council – The Chief Executive of Bournemouth Borough Council shall Chair the meeting and act as the Project Owner for the BSF Programme.
- ThePortfolio Holder from each Council with responsibility for BSF.
- The assigned Directors for from each Council and any other Director deemed appropriate.
- The Chief Finance Officer (Section 151 Officer), Borough of Poole.
- The Service Director, Law & Governance (Monitoring Officer), Bournemouth Borough Council.
- Director, BSF Programme.
- Project Manager, BSF Programme.
- Project Director, Partnership for Schools.
- Chair of Schools Partnership.
6.6 The Steering Committee and Strategic Programme Board will be supported by professional officers at a level commensurate with the nature of the support required.