TOOL H

EXAMPLE OF A FORMAL PARTNERSHIP AGREEMENT

NAME OF PARTNERSHIP:

  1. Parties and Registered Office

Detail the partner organisations who will form the partnership and the registered office for administration purposes.

  1. Powers

The agreement should set out the legal powers enabling partner organisations to create the partnership.

  1. Definitions and Interpretation

Include definitions of the key terms used in the document.

  1. Commencement and Term

The agreement should specify the length of the partnership agreement and arrangements for review.

  1. Purpose

Specify the purpose of the partnership.

  1. Aims, objectives and outcomes

The agreement should specify the aims, objectives and outcomes of the partnership.

  1. Partnership Principles

Partner organisations should seek agreement to work towards a set of common principles underpinning their collaboration. These principles could include:

  • Mutual trust and respect
  • Openness and transparency
  • Shared ownership of resources, if appropriate
  • Clear purpose, clarity of expectations and agreed targets
  • Effective decision-making, drawing upon the strengths of all parties
  • Ensuring appropriate governance, scrutiny and performance management arrangements are in place
  • Ensure partnership and delivery structures are fit for purpose and accountable, holding partners to account and demonstrating value for money
  • Have in place robust and effective stakeholder arrangements in place to engage with key stakeholder interests
  • Challenging where there is underperformance or coasting and implementing changes that reflect evidenced best practice to improve outcomes
  • Reviewing and reporting annually on progress
  • Working collaboratively across organisational boundaries
  1. Membership and Terms of Office

The agreement should specify details of the partnership membership and terms of office. This may include:

  • Chair and vice-chair of the partnership, how they are appointed and their terms of office
  • Arrangements for the review of the membership and time limit that individual representatives can serve on the partnership
  • List of the partner organisations, the number of their representatives on the partnership and the rationale for their membership
  • How the membership of the partnership reflects the characteristics and aspirations of the service it has been set up to serve.
  1. Roles and Responsibilities

Specify the roles and responsibilities of each partner organisation and also a resume of what the different sector members bring to the partnership and the areas they are responsible for. Also include details of the roles and responsibilities of the lead partner organisation or accountable body, management board and partnership lead officer etc.

  1. Staffing

Clarify the agreements of the partnership on matters relating to employment, including TUPE, any secondments etc.

  1. Meetings and Secretariat

Specify how meetings will be run and role of the secretariat. For example:

  • Minimum number of meetings to be convened per annum
  • Will meetings be open or closed?
  • The procedure for convening any extraordinary meetings
  • Provision of a secretariat service (setting meetings, agendas, working papers, minutes, follow up actions etc)
  • Venue of meetings
  • Expectations as regards members’ behaviour during meetings
  • Protocol for attendance by deputies.
  1. Performance Management

The Agreement should detail the performance management processes and systems of the partnership.

  1. Risk management and Insurance

Specify how and when the partnership shared risk assessment and risk management plan will be monitored and reviewed and by whom.

  1. Resource Management

The Agreement should specify the partnership’s resource management processes and systems, to include:

  • Financial control and monitoring within the partnership(capital and revenue)
  • VAT and tax arrangements
  • Human and physical resources to enable the partnership to operate effectively
  • Arrangements for undertaking audits of the partnership.
  1. Review arrangements

Specify the process for reviewing the partnership arrangements and for undertaking any self-assessments. This to include frequency of reviews/self-assessments and the protocol for amending the partnership agreement.

  1. Exit Involvement in the Partnership

The agreement should specify the process and procedures to be followed in the event that a partner may wish to withdraw from the partnership. Consideration should also be given to any penalties or repayment of monies required.

  1. Termination of Partnership

It will be necessary for the agreement to detail the circumstances, process and timescale as regards termination of the partnership.

This should include an agreed exit strategy detailing how any ongoing commitments will be dealt with.

The termination clause should cover the following:

  • Notice period and details of how partners can exit the partnership
  • Withdrawal by any one of the partner organisations
  • How partner contributions will be distributed at termination (including assets)
  • Continuity of any service
  • Any outstanding contractual liabilities
  • Staffing issues to be resolved
  • Liability and indemnity issues
  • IT issues eg data transfer
  • Review of Risk Register
  • Prepare final closure reports on behalf of the partnership
  1. Decision Making and Governance

A clause specifying how the partnership will agree and record how decisions are made. The agreement should consider the following questions:

  • Who are the members of the partnership?
  • How will the partnership make decisions (majority vote, casting vote by the Chair, definition of a quorum etc)
  • Who should communicate decisions to partners not in attendance?
  • How are the decisions actioned?
  • What level of delegated authority does each member have?
  • How will the Chair and any other functions be decided?
  • Who will record actions/decisions?
  • Who will undertake the secretariat functions? For example, frequency of meetings
  • What will be the governance arrangements for the partnership?
  1. Conflict of Interest

The agreement should outline the protocol and procedure to resolve issues as regards conflicts of interest.

  1. Dispute Resolution

Clause should clarify the protocol and procedure to resolve disputes that may arise within the partnership. For example, clarity on how disputes will be resolved where there is a conflict between partnership members, organisations on decisions made by the partnership.

  1. Complaints

The agreement should outline the protocol and procedure to deal with complaints.

  1. Confidentiality

A statement clarifying the expectations upon partner organisations with regard to confidentiality and the consequences of any breach.

  1. Freedom of Information

Clause should set out obligations to the Freedom of Information Act 2000 and any guidance or codes of practice issued by the Information Commissioner regarding the legislation.

  1. Data Protection

This clause should set out obligations to the Human Rights Act.

  1. Welsh Language provision

The parties to the partnership should consider requirements needed in order to comply with the Welsh Language Standards 2015.