2013

North Somerset District Council

and

Bristol City Council

SOUTH BRISTOL BUS LINK

JOINT PROMOTION AGREEMENT

N P BrainHead of Legal and Democratic Services

Town Hall

Weston-super-MareBS231UJ

CMI1 0021438

WGodfreyStrategic Director

The Council HouseCollege Green

BristolBS15TR

C:\NRPortbIlWORKlCW18\17590907 _l.DOC

Table of Contents

1. DEFINITIONS ............... ......... ....... ....... .......... '" ........ .......... ......................................42. COMMENCEMENT AND DURATION ......................................................................63. GENERAL PRINCIPLES '" .......... ........ .......... ................. .......... ........ ............ .......... ..64. STATUS OF THIS AGREEMENT.............................................................................75. PURPOSE OF THE AGREEMENT................ ...........................................................76. LEAD AUTHORITY ............... ...... '" .................................. .... ................ ............ ........77. AUTHORITIES' LEAD OFFICERS AND SENIOR RESPONSIBLE OFFICER ........88. THE PROJECT BOARD .... ......... .......... ................. .......... .............. ...... ....... ..............89. S 151 OFFICER'S ROLE..........................................................................................910. POWERS RESERVED TO THE PROJECT BOARD .............................................1011. POWERS OUTSIDE THE SCOPE OF THE PROJECT BOARD............................

1 012. THE PROJECT TEAM ............................................................................................1013. PROMOTING THE PROJECT ...... ....... .......... ................. ............ ............ ......... ......1014. COST ALLOCATION AND FINANCIAL ARRANGEMENTS .................................1115. THIRD PARTY LIAISON AND NEGOTIATION ......................................................1116. SECTION EIGHT AGREEMENT....... ..... ......... .......... ........ .......... ............ ...............1217. LAND ASSEMBLY .................................................................................................1318. SPECIAL CATEGORY LAND ................................................................................1419. PLANNING CONTROLS ........ ...... .................... ............ ...... ................. ............ .......1420. HIGHWAYS AND TRAFFIC MANAGEMENT ........................................................1421. PROCUREMENT OF A CONCESSIONAIRE .........................................................1522. FUTURE EXTENSIONS ....... ..................... ............... .......... ......... ........... .......... ......1523. LIABILITIES AND INDEMNITIES..................................................................... ......1524. WiTHDRAWAL................................................................... ................................... .1625. DISPUTES... .......... ................... ...................................................... .................. ......1727. INTELLECTUAL PROPERTY ................................................................................1928. CONFIDENTIAL INFORMATION .............................. .......... ............. ..................... .1929. PUBLICITY .............................................................................................................2031. COMPLIANCE WITH LAWS AND DATA PROTECTION ......................................2032. FOI and El REGULATIONS ...................................................................................2133. ASSIGNMENT AND SUCCESSORS .......................... .......... .......................... .......2234. SEVERANCE.. ........... .......................................... .............................. .................... .2235. ENTIRE AGREEMENT ............ ......... .......... .................. ..................... .....................2236. WAiVER.................................... .................... ....... ..................... ......... .....................2237. VARIATION OF THIS AGREEMENT .....................................................................2238. GENERAL.......................... .................. .............................. ....................... ............ .22

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OL CITY COUNCIL, of City Hall, College Green, Bristol, BS1 5TR ("BCC");

SOMERSET DISTRICT COUNCIL, of the Town Hall Walliscote Grove

eston-super-Mare Somerset

and NSC, together with B&NES and SGC, have entered into a joint working

ment ("the JWA") as further defined below, with the intention of facilitating the

uction of a shared local Transport Plan and local Transport Improvement

roject f'lTIP"), and for securing external funding for and the implementation of a

programme of local transport improvements;

The JWA sets out principles for joint working between the Authorities (as defined in

the JWA) and makes arrangements for the joint delivery of projects forming part of

the LTIP;

That BCC and NSC intend jointly to promote the South Bristol Bus Link project ("the

Project") which forms part of the L TIP and is being progressed in accordance with

the provisions of the JWA;

BCC and NSC consider that, for the efficient delivery of the Project, the

arrangements set out in the JWA require supplementing and therefore BCC and

NSC now seek in this Agreement to set out their joint commitment to promote the

Project and further arrangements for the promotion and implementation of the

Project. This includes entering into an agreement under section 8 of the Highways

Act 1980 for purposes related to the construction, reconstruction, alteration

maintenance (including future maintenance) or improvement works required for

delivering the South Bristol Link, including the promotion of compulsory purchase

orders (CPOs) and traffic regulation orders (TROs).

31,1 ISIIL JPA final 20th December 2012.DOC

1. DEFINITIONS1.1 In this Agreement, the following words and phrases have the following meanings:

WORD OR PHRASE MEANING

Agreement This Agreement

Approved Budget The budget approved in accordance with clause 9.1.1

Authority Lead Officer The person appointed as such in respect of each Party underclause 7.1 below to ensure that the Parties provide sufficientsupport to secure the effective penormance of the Project.

B&NES Bath and North East Somerset Council

BCC Bristol City Council

The Route The route of the new bus and roadway to be constructed andprovided between Long Ashton Park and Ride site andHengrove Park, South Bristol which the Project is intended toimplement the current proposed alignment of which is attachedat Schedule One

Commencement Date The date of this agreement

Conditions The Terms and Conditions in this document

Constitution The Constitution of JTEC attached as Appendix 1 entitled theB&NES, BCC, NSC and SGC Joint Transportation ExecutiveCommittee

Joint Transport The Document titled 'Joint Local Transport Plan 32011-2026'Strategy adopted by the Parties and B&NES and SGC and submitted to

the Secretary of State for Transport on 31st March 2011 as itmay be revised. Updated or superseded from time to time.

JTEC The Joint Transportation Executive Committee establishedunder the Constitution

JWA The Joint Working Agreement between B&NES, BCC, NSCand SGC for the Development, Procurement and Managementof Local Transport Improvements a copy of which is attachedas Appendix 2

Laws Means:-

. Any applicable statute or proclamation or any delegatedor sub-ordinate law;

. Any enforceable community right within the meaning ofSection 2( 1) of the European Communities Act 1972;and

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. Any applicable judgment of a relevant court of law whichis a binding precedent in England and Wales

LTIP Local Transport Improvement Programme

NSC North Somerset District Council

CPO A Compulsory Purchase Order authorising the acquisition ofthe Route of the Busway and roadway

Party BCC or NSC and Parties shall mean both of them

Project In this Agreement means the project for the related planningapplication, the acquisition of land for, and procurement of theconstruction of the Busway and roadway and associated worksbetween Long Ashton and Hengrove Park and the procurementof a bus service to operate thereon thereafter

Project Board In this Agreement means the Project Board established for thisProject in accordance with clause 8

Project Cost Means a cost to be divided in accordance with the StandardProportions in accordance with clause 14.2

Project Team In this Agreement means the Project Board established for thisProject in accordance with clause 12

S 151 S 151 of the Local GovemmentAct 1972 as it may beamended from time to time.

S 151 Officer shall mean for the purposes of this Agreement the officer withresponsibility for the Project's financial affairs from time to timeappointed by the Project Board in accordance with clause8.1.4

Senior Responsible Karuna Tharmananthar or such other senior officer of theOfficer Parties from time to time engaged in the management of the

Project as the parties from time to time shall agree to appoint tothe role

SGC South Gloucestershire District Council

Standard Proportions The proportion for allocation of costs etc between the Parties inclause 14.2.

Strategy Funds Means any funding secured by the Parties from theDepartment for Transport, other government departments ofagencies and the European Union for the purpose of theProject

WEP West of England Partnership

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WE PO

Working Day

West of England Partnership Office

means any day other than weekends and Bank Holidays

1.2 Anything defined in the JWA or the Constitution shall have the same meaning in

this Agreement unless the context clearly indicates otherwise and the principles of

interpretation set out in clauses 1.2-1.5 of the JWA shall apply to this Agreement.

1.3 Neither Party shall be required to do anything in the promotion or implementation of

the Project that breaches its statutory duties or unlawfully fetters its discretion.

1.4 References to the Parties save where otherwise stated (as for example in respect

of Planning and Highways provisions) shall mean the Parties in their capacity as

joint promoters of the Project and shall not refer to their other statutory functions,

responsibilities or duties in any other capacity.

2. COMMENCEMENT AND DURATION2.1 This Agreement shall come into force on the Commencement Date and shall

continue in force until:

2.1.1 It is terminated in accordance with the termination provisions; or

2.1.2 The Parties enter into an agreement that replaces this Agreement, or

2.1.3 Both Parties agree and confirm in writing that the Project is abandoned or

terminated, or

2.1.4 So far as this Agreement may be subject to rules about perpetuities, the

expiry of eighty years from the date of the Agreement, which shall be the

perpetuity period for the purposes of this Agreement.

2.2 If the JWA expires or is terminated before this Agreement it shall nevertheless

continue to be used so far as may be necessary or convenient to determine the

rights and obligations of the Parties under this Agreement to the extent that they are

not determined by this Agreement.

3. GENERAL PRINCIPLES3.1 This Agreement has been entered into by the Parties to establish and effect

provisions for the following and to clarify the Parties' responsibilities in respect

thereof and to each other in respect of the Project:

3.1.1 the Parties will work together in good faith and in an open, co-operative

and collaborative manner. The Parties' members and officers will work

together in the spirit of mutual trust in order to ensure the successful

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implementation of the Project and will respond in a timely manner to all

relevant requests from each other;

3.1.2 the Parties will work together to secure external funding from the

Department For Transport and any other available source in respect of the

Project;

3.1.3 each of the Parties hereby represents to the other that it has obtained all

necessary consents sufficient to ensure the delegation of functions

provided for by this Agreement;

3.1.4 the Parties shall use all reasonable endeavours to procure that their

respective members and officers who are involved in the Project shall at all

times act in the best interests of the Project;

3.1.5 the Parties expressly acknowledge that their members and officers

involved in carrying out activities under this Agreement will have regard to

the benefits to both the Parties and accordingly may be required to balance

the wider interests of the sub-region with those of their Party in reaching a

consensus, and the Parties hereby authorise them to act in such a manner;

3.1.6 the Parties commit to share data and knowledge relevant to the Project

where appropriate.

4. STATUS OF THIS AGREEMENT

4.1 The Authorities agree that this Agreement shall take the form of a legally binding

relationship and the mutual commitments between them created by this Agreement

shall from the date hereof be construed accordingly.

4.2 The Authorities agree that the provisions of clause 16 are entered into by them in

their capacities as local highways authorities and in accordance with section 8 of

the Highways Act 1980.

5. PURPOSE OF THE AGREEMENT5.1 The initial primary purpose of this Agreement is to provide a structure so that the

Parties may jointly implement the Project. To that end the Parties have established

the Project Board and a Project Team and have appointed a lead authority.

6. LEAD AUTHORITY

6.1 The Authorities (acting jointly) appoint, with effect from the Commencement Date,

NSC to be the Lead Authority for the carrying out of the Project which shall be

carried out for and on behalf of the Parties and NSC agrees to act in that capacity

subject to and in accordance with the terms and conditions of this Agreement.

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6.2 The scope of the Lead Authority is on the basis that it is only authorised to act as

lead authority so far as it is clearly authorised to do so and the Lead Authority shall

act under the direction of the Project Board.

6.3 Where the Lead Authority incurs any costs or liability in discharging its duties under

this Clause 6, the Lead Authority shall from time to time inform the Project Board

promptly of that cost or liability and such cost or liability shall be apportioned

between the Parties pursuant to Clause 14.2.

7. AUTHORITIES' LEAD OFFICERS AND SENIOR RESPONSIBLE OFFICER7.1 Each Party will nominate an Authority Lead Officer with senior management

responsibilities for transport functions in their area. The Authority's Lead Officer

shall ensure that his I her Authority provides the support necessary to secure the

effective achievement of the Project. In this context, "support" shall include the

involvement and time of capable officers, the provision of information and the

prompt consideration of matters referred to his I her Party for determination. The

Parties' respective Authority Lead Officers at the Commencement Date are:

7.1.1 Bristol City Council - Alun Owen

7.1.2 North Somerset District Council - Karuna Tharmananthar

7.2 The Project Board shall appoint a Senior Responsible Officer for the Project on the

advice of the Authorities' Lead Officers. The Parties agree that the Senior

Responsible Officer at the Commencement Date shall be Karuna Tharmananthar.

7.3 Each Party shall ensure that whenever its Authority Lead Officer is on leave or

otherwise unavailable, it appoints an alternative person to act in his or her place

with full power to do anything he or she would be able to do, and who will be their

Authority Lead Officer.

7.4 Each Party will authorise its Authority Lead Officer and the Project Board will

authorise the Senior Responsible Officer to take any steps necessary to ensure the

efficient promotion of the Project whether in response to any objection or requests

by the Inspector at any Public Inquiry or for any other reason relating to the

effectjve promotion of the Project provided the within the scope of Project or the

Joint Transport Strategy.

8. THE PROJECT BOARD8.1 The Project Board shall include:

8.1.1 a representative from each of the Parties;

8.1.2 a representative from WEPO; and

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8.1.3 an independent expert from one of either B&NES or SGC; and

8.1.4 the S 151 Officer being an officer appointed from time to time by the Board

from one of the Parties nominated to exercise the functions of a Section

151 Officer for the purposes of the Project.

8.2 The Senior Responsible Officers shall have responsibility for championing the

Project within their own Councils and for securing, as far as possible that any

matter which is recommended to that Council by the Project Board for decision shall

be considered and determined expeditiously and having due regard to the benefits

to the Parties

8.3 The Project Board will meet at least every two months.

8.4 The Project Board and will endeavour to make decisions by consensus. Where this

is not possible if the representatives of the two Parties are in agreement with each

other they may decide matters on their own.

8.5 The Project Board shall ultimately report to JTEC and in the event that the

representatives of the Project Board do not agree with each other they will refer it to

JTEC for decision and if the Parties are not satisfied with such decision either Party

may refer the matter for Dispute Resolution in accordance with clause 25.

8.6 Unless or until the Project Board decides otherwise, the Project shall use the

Managing Successful Program (MSP) system of project management.

9. S 151 OFFICER'S ROLE9.1 The Project Board shall not have authority to do or agree anything or go beyond the

budgeted expenditure as approved by its s151 Officer in writing in accordance with

this clause and:

9.1.1 The S 151 Officer in consultation with the Project Manager shall prepare

detailed annual budget which shall be approved with the Project Board

("the Approved Budget");9.1.2 The S 151 Officer shall with the approval of the Project Board submit all

financial claims to the Department for Transport and any other funders on

behalf of both Parties;

9,1.3 All commitments, orders and payments under the Approved Budget shall

be submitted to NSC's Lead Officer for approvaL. Agreement to any

change that would be outside the scope of the Project, the Joint Transport

Strategy or the budgeted expenditure for the Project as confirmed by the S

151 Officer shall be referred to the JTEC.

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9.1.4 Every 2 months the S 151 Officer shall prepare and submit to BCC an

invoice of BCC's Standard Proportion (as per clause 14.2) of the costs

incurred for the Project, including a detailed breakdown of such costs. BCe

may (subject to production of relevant invoices) set against the invoice any

costs incurred by BCC which have been previously approved in

accordance with clause 9.1.3.

9.1.5 If the Project Board agrees to allow the recharge of internal staff costs to

the Project (in accordance with clause 12.1) the recharge rate inclusive of

any overheads must be agreed in advance by the Project Board.

10. POWERS RESERVED TO THE PROJECT BOARD10.1 For the avoidance of doubt, among the matters for which the Project Board shall be

responsible are the following:-

10.1.1 What authonty it reserves to itself and what authority it delegates to the

Project Team or the Senior Responsible Officer and the S 151 Officer;

10.1.2 The appointment and instruction of consultants and other advisors and

delegation of authority in respect of this;

10.1.3 The management of its own roles and the roles of those that report to it;

10.1.4 Approval of agreements with third parties in respect of the Project carried

out by the Project Team in accordance with clause 15; and

10.1.5 Day to day financial and risk management of the Project.

11. POWERS OUTSIDE THE SCOPE OF THE PROJECT BOARD11.1 Neither the Project Board nor the JTEC shall have power to commit a Party to

expenditure or any other commitment that is outside the scope of the Project, the

Joint Transport Strategy or beyond its own budgeted expenditure on the Project

without the agreement of that Party.

12. THE PROJECT TEAM

12.1 The Parties will provide sufficient staff and resources at their own cost to enable the

Project Board, Project Team and any working parties and groups established under

them to function adequately and effectively and provide witnesses under clause

13.4 if required). The costs of any external consultants or significant internal staff

costs shall only be chargeable to the Project if previously approved in writing by the

Project Board in accordance with clause 9.1.5.

13. PROMOTING THE PROJECT13.1 The Parties will jointly to promote the Project in accordance with their respective

Council resolutions and the terms of this agreement.

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13.2 Notwithstanding the provisions of Clause 24 once the Parties (or either of them)

have made any CPO neither Party may withdraw from the promotion of the Project

on less than twelve months' notice to the other and Clause 24 shall be interpreted

accordingly.

13.3 Each Party will provide to any public inquiry such witness or witnesses in support of

the Project, any CPO or as the Project Board or the Senior Responsible Officer may

reasonably require. Unless such a witness is giving evidence specifically as to the

position or views of one Party (such as for example a Party's planning policy) each

witness will be regarded as jointly engaged by jointly representing both Parties.

13.4 The costs of external consultants or advisers attending as witnesses shall be an

expense of the Project but where a witness is an employee of a Party, the Party

may not recharge the time or cost of his or her attendance to the Project.

13.5 Each Party will keep the other fully informed in relation to matters that relate to the

progress of any CPO and the Project so as to promote timely and well-informed

decision-making.

14. COST ALLOCATION AND FINANCIAL ARRANGEMENTS14.1 The Parties will assume joint and several liability to perform their obligations under

any CPO and any agreements that may be reached with third parties, including any

agreements or concessions to implement the project.

14.2 Notwithstanding clause 14.1 above, all financial liabilities under the Project

agreements will ordinarily be apportioned between the Councils according to the

following proportions ("the Standard Proportions"):

14.2.1 50% of all such liabilities shall be borne by BCC; and

14.2.2 50% of all such liabilities shall be borne by the NSC

14.3 If the Project should make any profit or generate any surplus which is not

reinvested, it should be split between the Parties in the Standard Proportions.

14.4 The Parties shall indemnify each other in respect of all costs, expenses, actions,

proceedings or other expenditure arising under or in connection with a project

agreement to the extent that either of them bears, has borne or is exposed to the

risk of bearing more than their share of such based on the Standard Proportions.

14.5 Each Party will make available the necessary funds to ensure that the Parties and

the Project Team can satisfy all liabilities falling due for payment, without one Party

having to make a payment on behalf of the other.

15. THIRD PARTY LIAISON AND NEGOTIATION

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15.1 The Project Team shall be responsible for all negotiations with third parties

including objectors and potential objectors to any CPO.

15.2 Neither Party shall meet, correspond or negotiate with such third parties without the

consent of the Project Team.

15.3 In accordance with clause 10.1.4 any agreement which the Project Team makes

with any third party must either be within the scope of an express authority

delegated to it by the Project Board in writing or subject to ratification by the Project

Board and not binding until so ratified.

15.4 Subject to any authorisation required from the Parties the Project Board is

authorised to and may settle the terms of any agreement with an objector,

undertaking or revision to the CPO.

15.5 The Project Team shall where appropriate and reasonably practicable invite an

officer from the Party whose area any objection or third party issue concerns to

attend any meeting with that objector or third party.

15.6 The representative of the Party at such meeting shall not publicly disagree with the

Project Team's position in respect of the negotiations with the objector or third partyand both Parties shall observe the requirements of clause 29 (Publicity)

16. SECTION EIGHT AGREEMENT

16.1 The Parties agree that:

16.1.1 in accordance with Section 8 of the Highways Act 1980 BCC's functionsrelated to the construction, reconstruction, alteration maintenance

(including future maintenance) or improvement works required fordelivering the Project and including the promotion of any CPO and/or TROshall be exercisable by NSC as lead authority for the Project.

16.1.2 The exercise of such functions by NSC is subject to the provisions of thisAgreement and for the purpose of the Project only.

16.2 NSC will be responsible for exercising any powers given under the CPO to acquireand take possession of the land necessary for the construction, operation andmaintenance of the Project and shall do so under the guidance and direction of theProject Team. In particular:-

16.2.1 NSC will be responsible for responding to blight claims under s.150 of theTown and Country Planning Act 1990 in respect of which it is theappropriate authority for the purposes of that section;

16.2.2 NSC shall not accept a blight notice or issue a counter-notice under theTown and Country Planning Act 1990 without consulting and obtaining theapproval of the Project Board and BCC's Authority Lead Officer.

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16.2.3 NSC shall be entitled to acquire land or rights over land (including newrights) owned by BCC or within BCC's administrative area provided it isreasonably necessary for the construction, operation, maintenance oraccommodation of the Project.

16.2.4 Where NSC acquire land or rights (including new rights) within BCC'sadministrative area the Party's shall use reasonable endeavours to agreethe transfer of such land or rights to BCC and BCC shall thereafter ensurethe land or rights are available for the Project in accordance with clause17.1.1 of this Agreement and as if such land had been in its ownership atthe date of this Agreement

16.3 Costs incurred pursuant to this clause shall be a Project Cost and shall beapportioned in accordance with clause 14.2 of this agreement.

17. LAND ASSEMBLY17.1 The Parties agree that:

17.1.1 any land on the Route alignment options shown on the drawing attached to

this Agreement at the Schedule One which is in the Parties' ownership at

the date of this Agreement and which they contribute for the purposes of

the Project will be provided as a contribution of land to the Project at nil

consideration and for the avoidance of doubt BCC confirms that it will not

include any notional land costs or values for any of its affected land holding

any other potential heads of compensation claim arising from the Project;

and

17.1.2 Where a Party:

17.1.2.1 acquires exchange land or other land for the purposes of the

Project the cost of acquisition of such land whether acquired by

private treaty or under a CPO shall be a Project Cost; and/or

17.1.2.2 provides exchange land or other land for the purposes of the

Project the cost of any land provided by a Party shall be an

appropriate value

17.1.2.3 and any such above costs shall be apportioned in accordance

with clause 14.2.

17.2 Subject to clause 16 and only in the event that the CPO is not promoted by NSC on

behalf of both Parties then each Party will be responsible for exercising any powers

given under any CPO to acquire and take possession of the land in its area

necessary for the construction, operation and maintenance of the Project and shall

do so under the guidance and direction of the Project Team. In particular

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17.2.1 Each Party will be responsible for responding to blight claims under s.150

of the Town and Country Planning Act 1990 in respect of land within its

area;

17.2.2 Neither Party shall accept a blight notice or issue a counter-notice under

that Act without consulting the Project Board and the other Party's Authority

Lead Officer.

17.2.3 Neither Party shall seek to acquire rights over land owned by the other

Party beyond what is reasonably necessary for the construction, operation,

maintenance or accommodation of the Project.

17.2.4 Neither Party shall dispose of any interest it owns in land held or acquired

for the purposes of the Project during the period of this agreement without

the written agreement of the other Party.

17.3 With the exception of land or rights transferred by NSC to BCC in accordance with

clause 16.2.4 of this Agreement, neither Party shall dispose of any interest that it

owns in land held or acquired for the purposes of the Project without first consulting

with and giving the other Party the opportunity to acquire any necessary interests in

such land upon reasonable terms.

18. SPECIAL CATEGORY LAND18.1 If exchange land needs to be provided to replace special category land required for

the Project, the Parties together or individually will use their reasonable endeavours

to find and acquire or appropriate such land as may be required and the terms of

clauses 16.2 or 17.1.2 shall apply as appropriate.

19. PLANNING CONTROLS19.1 Without prejudice to their duties under the Town and Country Planning Act 1990

and without fettering its discretion, both Parties shall use all reasonable endeavours

in the exercise of their functions under the conditions attached to the planning

direction or any other relevant consents, to facilitate the timely construction of the

Project.

20. HIGHWAYS AND TRAFFIC MANAGEMENT

20.1 The Parties agree that:

20.1.1 NSC will be responsible for promoting traffic management measures(either under the CPO or by traffic regulation orders under the Road TrafficRegulation Act 1984) for roads within both its area and BeC's area as arereasonably required to provide for or facilitate the construction of theProject or its effective operation. In so doing NSC shall co-operate withand respond to the requests of BCC, the Project Board and the JTEC

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20.2 Save as to those measures promoted pursuant to clause 20.1.1, each Party will

implement such permanent or temporary (as appropriate) traffic management

measures (either under the CPO, or by traffic regulation orders under the Road

Traffic Regulation Act 1984) for roads within their areas which are affected by theconstruction and operation of the Project as are reasonably required to provide for

or facilitate the construction of the Project or its effective operation. In so doing

each Party will co-operate with and respond to the requests of the other Party, the

Project Board and the JTEC.

20.3 Each Party will be responsible for the performance of and any liability under any

agreements under the CPO that relate to their functions as highway authority, street

authority or surveying authority in respect of public rights of way in respect of

highways within its area.

21. PROCUREMENT OF A CONCESSIONAIRE21.1 The Parties intend to procure an extension to the route concessions procured under

a Joint Promotion Agreement dated 14 June 2011 between BCC and NSC relating

to Ashton Vale Rapid Transit, or such other alternative procurement as the Parties

shall agree acting reasonably.

22. FUTURE EXTENSIONS22.1 The Parties record that they have an aspiration to extend the project to Bristol

Airport and also to work with each other and B&NES and SGC to promote other

extensions and to link up with other similar projects promoted by members of WEP

but this clause does not create any commitment or contractual obligation to proceed

with any of these.

23. LIABILITIES AND INDEMNITIES23.1 Notwithstanding the cost allocation provisions, where a liability under the Project

arises out of either where one Party ("the Indemnifying Party"):

23.1.1 fails to comply with the terms of this agreement; or

23.1.2 acts deliberately or negligently or commits an omission; or

23.1.3 makes a decision which leads to an increase in the costs of the Project;

the Indemnifying Party will bear the whole cost of the resulting costs and indemnify

the other Party accordingly.

23.2 Each Party shall ensure that it has on its own account, or co-operates with the other

Party to ensure that the Parties jointly or the Project Board has appropriate

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insurance policies in force at all times to cover all risks the Project is reasonably

able to insure against.

23.3 For the avoidance of doubt, any disputes as to valuation or the amounts of any

claims by one Party against the Project or the other are within the scope of the

provisions on Remediation and Dispute Resolution referred to below.

24. WITHDRAWAL24.1 Each Party acknowledges that, if it withdraws from the Project that withdrawal is

likely to cause loss of income and additional cost to the other Party, including but

not limited to, the loss of funding from the Department for Transport and the loss of

any economies resulting from the joint working between the Parties in the

implementation of local transport improvements. Similarly, each Party

acknowledges that if it takes any decision within the powers delegated to the JTEC

("an Independent Decision") such decision may cause loss to the other Party.

24.2 Any Party may withdraw from this Agreement by giving notice in writing of its

intention to withdraw to the other Party. Such notice shall be no less than 3 months'

notice expiring at any time save for clause 13.2.

24.3 Subject clauses 24.4 and 24.5 each Party agrees that in the event that it gives

notice of withdrawal to the other Party under clause 24.2 or takes an Independent

Decision, it will use its reasonable endeavours to minimise and will indemnify the

remaining Party against, any loss or additional expense which the other Party may

suffer as a result of its Independent Decision or withdrawal from this Agreement

and the Project.

24.4 Where an authority takes an Independent Decision, it shall be liable to the other

Party for any loss suffered by the remaining Party as a consequence of the

Independent Decision

24.5 Where any Party withdraws from the Project

24.5.1 The withdrawing Party shall remain liable to the remaining Party for any

proportion of any relevant Strategy Funds received by the withdrawing

Party after the date of withdrawal in accordance with the provisions of

Schedule E of the JWA);

24.5.2 The withdrawing Party shall remain liable to the other Party to indemnify it

against any loss of income (including the repayment of any Strategy

Funds) or increased or additional costs and expense (in accordance with

the provisions of Schedule B of the JWA);

16

T;IPROPERTYl10ll21438 South Bnstol UnklOocumenis\JPAISBLJPA final 20lh December 2012.DOC

24.5.3 Any obligations which the withdrawing Party has entered into with the other

Party in pursuance of any funding provided or to be provided by the JTEC

or any Local Transport Improvement shall remain in force;

24.5.4 The Disputes Procedure set out in clause 25 shall remain in force in

respect of any matters arising from the performance of or withdrawal of

either Party under this Agreement;

24.5.5 Clause 28 (Confidential Information) of this Agreement shall continue

without limit and shall survive the termination of this Agreement; and

24.5.6 Both Parties will seek to minimise costs arising from the other Party

withdrawing.

25. DISPUTES25.1 Where a Party is of the opinion that the other Party is failing to comply with the

provisions of this Agreement in respect of any matter, including the provisions of

Clause 3.1 to work together in good faith and in an open, co-operative and

collaborative manner, the Parties shall use their reasonable endeavours to resolve

any such matter amicably without resort to the formal remediation and dispute

resolution procedures set out below.

25.2 Notwithstanding Clause 25.1, at any time the Chief Executive of any Party ("the

first Party") may serve on the Chief Executive of the other Party (lithe second

Party") a "Default Notice", alleging that that the second Party has failed to comply

with its obligations under this Agreement, setting out any suggested remedial action

and any damage which the first Party has or is likely to suffer as a result of the

alleged failure.

25.3 The second Party on receipt of a Default Notice shall have 14 days within which to

serve on the Chief Executive of the first Party a "Counternotice", setting out in

respect of every matter contained in the Default Notice, proposals for the

remediation of the alleged failure and making good any loss which the first Party

may have suffered or may suffer as a result of the failure, or the reasons why that

alleged failure is disputed.

25.4 Within 14 days of receipt of a Counternotice, the Chief Executive of the first

Authority shall send to the Chief Executive of the second Party a "Notice of

Acceptance" of any proposals contained in the Countemotice in so far as those

proposals are accepted by the first Party, and may send a "Notice of Dispute" in

so far as no proposal satisfactory to the first Party is contained in the Counternotice,

17

T:IPROPERTYl10021438 South Brisiol UnklDocumentslJPAISBL JPA finsl20th December 2012.DOC

setting out in respect of each proposal which is not accepted by the first Party why it

is considered to be unacceptable.

25.5 Where any proposal in a Counternotice is accepted in a Notice of Acceptance, the

second Party shall implement that proposaL.

25.6 Where any matter is contained in a Notice of Dispute, cannot be resolved by the

procedure in clauses 25.1 to 25.5 it shall fall to be dealt with under the Disputes

Procedure set out in Clause 26 .

26. DISPUTE RESOLUTION

26.1 In the event of any dispute arising between the Parties (including the service of a

Notice of Dispute), as a matter of urgency, the Parties will first attempt to settle the

issue in dispute by referring the matter as follows:

26.1.1 Initially to a meeting of the Lead Officers;

26.1.2 in the event of failure of Lead Officers to agree a resolution, to the Joint

Executive Committee;

26.1.3 In the event of the Joint Executive Committee failing to resolve the matter

to a meeting of the Leaders of the four Authorities participating in the

JTEC.

26.2 If the dispute is not resolved by such means within 14 days of such reference,

the Parties will attempt to settle the issue in dispute ("Dispute") by mediation in

accordance with the Centre for Dispute Resolution ("CEDR") Model Mediation

Procedure or any other model mediation procedure as agreed by the Parties. To

initiate a mediation, any Party may give notice in writing (a "Mediation Notice") to

anyone or more of the others requesting mediation of the Dispute and shall send a

copy thereof to CEDR or an equivalent mediation organisation as agreed by the

Parties, asking them to nominate a mediator. The mediation shall commence within

twenty (20) Working Days of the Mediation Notice being served. If there is any point

in respect of the conduct of the mediation upon which the Parties are unable to

agree within ten (10) Working Days from the date of the Mediation Notice, CEDR

will. at the request of one of the Parties, decide that point for the Parties. having

consulted with them. The Parties will co-operate with any person appointed as

mediator providing him with such information and other assistance as he shall

require and will pay his costs as he shall determine or, in the absence of such

determination, such costs will be shared equally.

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26.3 None of the Authorities may commence any court proceedings in relation to

any Dispute until they have attempted to settle it by mediation under Clause 26.2

and/or such mediation has terminated. The Authorities will take no further steps in

the court proceedings until any such mediation commenced under Clause 26.2 has

terminated. Nothing in this Clause shall prevent an Authority from having recourse

to a court of competent jurisdiction for the sole purpose of seeking a preliminary

injunction or such other provisional judicial relief as it considers necessary to avoid

irreparable damage.

26.4 If the Dispute has not been resolved by the mediation procedure detailed in Clause

26.2 within one (1) month of the initiation of such procedure, the Dispute may be

referred to the courts for resolution.

26.5 Copies of all notices issued under clause 25 shall be sent to the other Party's

proper officers and/or lead officer (as the case may be).

27. INTELLECTUAL PROPERTY

27.1 All intellectual property in any material created by or on behalf of the Parties or any

of the Parties in the course of the Project shall be owned jointly by those Parties

which are participating in the Project and shall be available equally to each such

Party.

27.2 Each Party warrants that any intellectual property created by its officers for the

purposes of the Project does not infringe any third party's intellectual property

rights.

27.3 Each Party shall indemnify the other Parties against any loss arising out of any

dispute or proceedings brought by a third party alleging infringement of its

intellectual property rights by use of the first Party's intellectual property for the

purpose of the Project.

27.4 Where existing intellectual property of a Party has been used for the purpose of the

Project that Party agrees to grant the other Party a non-exclusive perpetual non-

transferable and royalty free licence to use, modify, amend and develop the same

for the purpose of the Project.

27.5 Where the Parties generate any receipts from the licensing or sale of any

intellectual property generated by this Project the net surplus shall be divided

between them in the Standard Proportion.

28. CONFIDENTIAL INFORMATION

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T:IPROPERTY\10021438 South Bnslol Un~lDocuments\lPA\SBL JPA final 20th December 20U.DOC

28.1 Subject to Clause 32 and where disclosure of any Confidential Information is

required by Laws, the Parties shall at all times use their reasonable endeavours to

keep confidential and ensure that such information is used only for the purpose of

the Project (and to procure that their respective employees agents consultants

contractors and sub-contractors shall keep confidential and shall use such

information only for the purpose of the Project) all Confidential Information

concerning the Project or the business and affairs of the other Party which may now

or at any time hereafter be in its possession and shall not disclose it except with the

consent of the other Party, such consent not to be unreasonably withheld.

28.2 For the purpose of this Agreement "Confidential Information" means any information

imparted to any of the Parties or their employees agents consultants contractors or

sub-contractors ("the Receiving Party") which was imparted to the Receiving Party

on the basis that it is to be kept confidential or would by its nature normally be

regarded as being confidential or to the knowledge of the Receiving Party was

obtained by the other Parties on the basis that it was to be kept confidential or is of

commercial value in relation to the Project but shall not include any information

which is for the time being in the public domain otherwise than by reason of its

wrongful disclosure by the Receiving Party.

29. PUBLICITY

29.1 The Parties will make such venues available for the provision of information about

the Project and such other publicity as the Project Team may reasonably require.

29.2 The Project Team and the Senior Responsible Officer on its behalf shall: -

29.2.1 co-ordinate all press releases, advertisements and other publicity material

in connection with the Project,

29.2.2 ensure that it keeps members of the JTEC and of the Parties up to date

and briefed on the progress of the Project and establish a protocol for

doing so.

30. Each Party will refrain from making statements about the application for the CPO

and Project other than statements that have been authorised by the Project Team

31. COMPLIANCE WITH LAWS AND DATA PROTECTION31.1 The Parties shall at all times comply with all Laws including but not limited to the

Data Protection Act 1998 and will, where appropriate maintain a valid and up to

date registration or notification under such Laws.

31.2 Each Party shall indemnify and keep indemnified the other Party against all losses,claims, damages, liabilities, costs and expense (including reasonable legal costs)

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T:IPROPERTYl10021438 South Bristol UnklDocumenls\lPAISBL JPA final201h December 2012.DOC

incurred by the other Party in respect of any breach of this Clause by the Party

and/or any act or omission of any employee, agent, consultant, contractor or sub-

contractor.

31.3 Each Party shall grant to the other Party the right of reasonable access to all

records of Personal Data relevant to the Project, as defined in the Data Protection

Act 1998, and shall provide reasonable assistance at all times during the currency

of this Agreement to ensure the quality and security of data collected.

32. FOI and El REGULATIONS32.1 Each Party acknowledges that the other Party is subject to the requirements of the

Freedom of Information Act 2000 ("FoIAIJ) and the Environmental Information

Regulations 2004 ("EIR") and each Party shall where reasonable assist and co-

operate with the other Party (at their own expense) to enable the other Party to

comply with these information disclosure obligations.

32.2 Where a Party receives a request for information under either the FolA or the EIR in

relation to information which it is holding on behalf of any of the other Party in

relation to the Project, it shall (and shall procure that its sub-contractors shall):

32.2.1 transfer the request for information to the other Party as soon as

practicable after receipt and in any event within two Working Days of

receiving a request for information;

32.2.2 provide the other Party with a copy of all information in its possession or

power in the form that the Party requires within ten Working Days (or such

longer period as the Party may specify) of the Party requesting that

information; and

32.2.3 provide all necessary assistance as reasonably requested by the other

Party to enable the Party to respond to a request for information within the

time for compliance set out in the FolA or the EIR.

32.3 Where an Party receives a request for information under the FolA or the EIR which

relates to this Agreement or the Project, it shall inform the other Party of the request

for information as soon as practicable after receipt and in any event at least two

Working Days before disclosure and shall use all reasonable endeavours to consult

with the other Party prior to disclosure and shall consider all representations made

by the other Party in relation to the decision whether or not to disclose the

information requested.

32.4 The Parties shall be responsible for determining in their absolute discretion whether

any information requested under the FolA or the EIR:

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32.4.1 is exempt from disclosure under the FolA or the EIR;

32.4.2 is to be disclosed in response to a request for information.

32.5 Each Party acknowledges that the other Authorities may be obliged under the FolA

or the EIR to disclose information:

32.5.1 without consulting with the other Party where it has not been practicable to

achieve such consultation; or

32.5.2 following consultation with the other Party and having taken its views into

account.

33. ASSIGNMENT AND SUCCESSORS33.1 Save as may be imposed as part of any re-organisation of local government neither

Party may assign, subcontract or transfer its rights or obligations under this

Agreement.

34. SEVERANCE34.1 If any condition, provision or Clause of this Agreement shall become or shall be

declared by any court of competent jurisdiction to be void, invalid, illegal or

unenforceable in any way, such invalidity or unenforceability shall in no way impair

or affect any other provision all of which shall remain in full force and effect.

35. ENTIRE AGREEMENT35.1 This Agreement constitutes the entire agreement and understanding of the

Authorities and supersedes any previous agreement between the Authorities

relating to the subject matter of this Agreement.

36. WAIVER36.1 The failure to exercise or delay in exercising a right or remedy provided by this

Agreement or by law does not constitute a waiver of the right or remedy or a waiver

of other rights or remedies.

36.2 A waiver of a breach of any of the terms of this Agreement or of a default under this

Agreement does not constitute a waiver of any other breach or default and shall not

affect the other terms of this Agreement.

36.3 A waiver of a breach of any of the terms of this Agreement or of a default under this

Agreement will not prevent an Authority from subsequently requiring compliance

with the waived obligation.

37. VARIATION OF THIS AGREEMENT37.1 No variation to this Agreement shall be valid unless such variation is in writing and

validly executed on behalf of both Parties.

38. GENERAL22

T:IPROPERTYl10021438 South Bnslol Unk\Oocumenls\iPAISBL JPA final 20th December 2012.DOC

38.1 Nothing contained or implied herein shall prejudice or affect the Authorities' rights

and powers duties and obligations in the exercise of their functions as local

authorities and/or in any other capacity and all rights powers discretions duties and

obligations of the Authorities under all laws may at all times be fully and effectually

exercised as if the Authorities were not party to this Agreement and as if this

Agreement had not been made.

38.2 The Authorities shall only represent themselves as being an agent partner or

employee of any of the other Authorities to the extent specified by this Agreement

and shall not hold themselves out as such nor as having any power or authority to

incur any obligation of any nature express or implied on behalf of any of the other

Authorities except to the extent specified in this Agreement.

38.3 This Agreement shall be governed by and construed in accordance with English

Law and shall be subject to the exclusive jurisdiction of the Courts of England and

Wales.

38.4 This Agreement is personal to the Authorities and no Authority shall assign transfer

or purport to assign or transfer to any other persons any of its rights or sub-contract

any of its obligations under this Agreement.

38.5 No person other than the Authorities shall be entitled to enforce any of its terms

under the Contracts (Rights of Third Parties) Act 1999.

38.6 Any notice required or permitted to be given by an Authority to the other Authorities

under this Agreement shall be in writing and addressed to the Chief Executive of

the other Authorities at their principal office.

This Agreement has been executed and delivered AS A DEED by the Parties on the date

set out at the front of it:

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T:IPROPERTYl10021438 South Bnslol Unk\OocumenlsVPAISBL JPA final 20th December 2012.DOC

The Common Seal of theCity and County of Bristolwas affixed heretoin the presence of the undersignedauthorised signatory

for and on behalf of the City and County of Bristol

Duly Authorised Officer

Executed as a Deed by affixingThe Common Seal ofNORTH SOMERSET DISTRICT COUNCILin the presence of:

...dI'¿~... ...Authorised Signatory

24

H:ISBL JPA final 20th Deaiinber 2012,DOC

121936

14-C\o6

Appendix 1The Constitution

25T:IPROPERTYl10021438 South Bristol UnklOocumentsUPAISBL JPA final 20lh December 2012.DOC

The Bath and North East Somerset Council, Bristol City Council, North Somerset Council

and South Gloucestershire District Council

Joint Transportation Executive Committee

Constitution

This Constitution has 'been approved by Bath and North East Somerset Council, Bristol CityCouncil, North Somerset District Council and South Gloucestershire District Council as (heConstitution of the Joint Transportation Executive Committee. .

1 Establishment of the Joint Transportation Executive Committeo

.1..1 The .Ioint Transportation. Executive Committee shall be the "Bath and North East

Somerset Council, Bristol City Council, North Somerset Council and SoiithGloucestershire District Council .Joint "lransporti:itìon Executive Commítlec".

1.2 The Joint Transportation Executive Committee is established under Section 1 01 (5)of the Local Government Act 1 9'12, as applied by Ser:tion 20 of the Loci:.ilGovernment Act 2000 and Regulation 11 of the Local Authorities (Arrangements forthe Discharç¡e of Functions) Regulations 2000 by the Executives of Bath and NorthEast Somorset Council, Bristol City Council. North Somorset Council and SouthGI()1ir::0."lcr~1!1ire District CounciL,

2 Objectives of the Joint Transportation Executive Committee

2.2 The purpose of the Authorities in establishing the Joint Transport Committee is 10deverop and implement a Strategy to alleviate traffic congestion, cope withanticipated population and tmffic growth nnd to moot local transport anddevelopment needs and to promote the economic, social and environmentalimprovement of. their armm, which Strategy shall comprise a Locat TransportImprovement Programme of locnl transport projects pursuance of the Highways.Transport and Plannin~J functions of the Au1liorities.

3 Powers Deleçlated to nnd matters reservod from the Joint Transportation ExecutiveCoinmittee

3.1 The Joint Transportation Exocutive Comrnillee shall have such powers as may from

time to time be delegated to the Joint Transportation Executive Coinmilfee by the

Executives of the Authorities or of any of the Authorities, inclUding the following

3,1.1 To receive recommendations from each of the Authorities for local

transport projects to be included within the Local Transport

Improvement Programme, and 10 develop and determine fhe Loc;)1Transport Improvement Programme on the basis of suchrecommendations, and to revise that Local Transport ImprovementProgramme from lime to time. For clarification it is stated that theJoint Transportation Executive Committee may not include a localtransport project within the Local Transport Improvement Programmeexcept on the recommendation of the Authority or the Authoritieswithin whose. area(s) the projectiles.

3.1.2 To recommend to the Executives of each of the Authorities anychanges to the Joint Local Transport Plan which are necessary toaccommodate and support the Local Transport Improvement

Programme, for recommendation by the Executive of each Au thorityto its Council for approval

3,1.3 To preparo draft joint bids for funding for recommendation to theExecutives of each of the Authorities for approval and to accept anyfunding offers and conditions received as a consequence of suchbids

3:1.4 To manage any funds and to allocate them from time to time to eachof the Authorities to enable each Authority to implement specific localtransport projects in accordance with the Local TransportImprovement Programme

3.1.5 To monitor the implementation of the Loci:il Transport Improvement

Programme and report regularly to the Authorities thereon

:3:1'1) To (mike :;IICIi retiirm¡ and provide such information as lrti'IY be

required by the Department for Tran:;port

3.2 In so far as any powers may from time to time bo delegatod to the jointTrariiìpoitation Executive Committee. the following functions are matters reserved toeach of Ihe Authorities making such delegation anct shall not be within the powers ofthe Joint Trimsporti:ition Executive Committee:

3.2.1 All non-executive functions of any of the Authorities

3.2.2 Any decision which is contrary to or not wholly in accordance with the

budget approved by each Authority for the Joint TransportationExecutive Committee, or is contrary to an approved policy or strategywhich has been approved as part of the Policy and Budget

Framework of that Authority.

3.2.3 Any decision in respect of whidi the Chief Executive of anyappointing Authority has notified the Secretary to the Joint

Transportation Executive Committee in writing of the Authority'sformal objection to the proposed decision in accordance withParagraph 3.3 (below).

3.2.4 Approval or amendment of any Joint Working Agreement betweenthe appointing Authorities in' respect of the discharge of theappointing Authorities' transportation functions

3.3 The delegation of powers from each Aulliority to the Joint Transportation ExecutiveCommittee is subject to the limitation that all decisions taken by the JointTransportation Executive Committee in accordance with delegations from eachAuthority shall only .take effect 5 clear Working Days after the relevant meeting ofthe Joint Transportation Executive Committee, and shall be ineffective if the ChiefExecutive or Leader of any of the Authorities has given notice in writing to the ChiefExecutives of the other Authorities and to the Secretary to the Joinl TransportatíonExecutive Committee within such period of 5 clear Working Days.

3.4 Such matters shall within a further 15 clear working days be referred to andconsidered by a" meeting of the Leaders of the Authorities (or tJieir deputies) (whomay make such recommendations la the next meeting of the Joint TransportationExecutive Commillee on the matter as they think fit) before being reconsidered bythe Committee. .

2

3.5 Where an AuthorHy has made such objection in respect of a maller, and the J.oint .Transportation Executive Committee has then reconsidered the matter and come toa decision, that second decision shall take effect immediately and no Authority canthen make an objection in respect of that second decision. .

3.6 Wilhout prejudice to the provisions of Paragraph 3.3 above, where the Joint

Transportation Executive Committee fails to reach agreement on any matter, aiiymember of the Joint Transportation Executive Commillee may require the Secretaryof the Joint Transportation Executive Committee to refer the maller to an urgentmeeting of the Leaders of the Authorities. Where the m£ltter is not resolved wilhiri

10 clem working days of such reference by such means, the matter comes back tothe joint Tmnsportalion Executive Committee for resolution, subject to any disputeresolution procedure which the authorities may have agreed to apply in respect ofthat matter.

3.7 Tho following decisions shall be reserved for the ,Joint Transport Committee andshall not be delegated to officers

3.7.., Approval of an offer of funding for Cl Local TrFllisport Illlprovcnionl

3.7.2 1\ decision to l'iÎOcccd wlth the prOGlI(Oliloiit of c:l Corilrac! for a LocalTransport Improvement

3.7.3 The decision on the evaluation criteria for a Contract

3.7.4 The decision to award a Contract

.4 Membership and Appointment of the Joint Transporhition Executivo Committee

4.1 The Joint Transportalion Executive Committee shall comprise 4 Members, being

one member appointed from the Executive of each of the Authorities.

4.2 Each member of the ,Join! Transportatìon Executive Committee shall be appointedfor tiie term of oilice, or tlie lJalance of ¡he lerin or urrice, or lilt: Execulivl1 of the

appointing Authority.

4.3 TIie appointment of members of the Joint Transportation Executive Committee to fill

any VacHncy for such members shall be made by the Executives of each Ãullioríly..

4.3.1 as soon as prac:tic3ble following the adoption of this Coiislìtution bythe Executive of that Authority;

4.3.2 as soon as practicable after the appointment of the È'xeciitive of thatAuthority in accordance with that Authorily's Constitution; and

4.3.3 as soon as practicable after a vacancy arises in respect of a seat 011

the Joint Transportation Executive Commillee to whicli the Executiveof that Authority has the power to make an appointment.

4.4 A member of the Joint Transportation Executive Committee shall cease to bo amember of the Joint Transporlation Executive Committee, and a vacancy shall

automatically arise, where-

4.4.1 The member resigns from the Joint Transportation ÉxeclJlìveCommittee by giving notice ín writing to the Secretary to 1he JoinîTransportation Execulive Coinmillee

3

4.4.2 The member ceases to be, or is suspended under Part ILL of theLocal Government Act 2000 from acling as, a member óf the

appointing Authority, or a member of the Executive of the appointingAuthority;

4.4.3 'The member is removed from membership of the JointTransportation Executive Commillee by notification In writing fromthe leader of the appointing Authority to the Secretary of the .JointTransportation Executive Committee;

4.4.4 The member fails throughout a period of six consecutive monthsfrom the date of his last attendance to attend any meeting of theJoint Transportation Execulive Committee, unless the failure Weredue to some reason approved by the Joint Transportation ExecutiveCommittee before the expiry of that period.

11.5 All appointments to nieiimership of the ,Joint lrrmsportalíon Executive CommÎttcc

shall be made by notification in writing from the Leader or the Chief Executive of theappointing AlIlIiorily to the Secretary of tlie ,Joint Transpoi tation Cxecutive

Commillee.

4.(1 Upon being nii:ide í:lware of any momber cc"sing to be a member of the JoinlTran~;portalion ExeclliívE~ Coininillee. Ihe SecretAry of the Cornrnillee ShAll write to

that member confirming that he/she has ceased to be a member of the JointTransportation Executive Commillee, and notifying the appointing Authority and theother members of the Joint Transportation Executive Committee accordingly.

01.7 Each Authorily may cippoint at any time an Alternate Executive Member of the JointTransportation Executive Committee on the same terms as lhe Authority'sappointed member of the Joint Transportation Executive Committee, who mayattend any meeting of the Joint Transportation Executive Committee with all thepowers of the Authority's appointed member in the event that the appointed memberis unable to alfend Cl particular meeting.

t:) Chair and Vice-Chair of tiie .Joint Tranisportation Executive Committee

5.'1 At tllG first meeting of the Joint Tranßportation Executive Committee after the anniial

meetings of each Authority in any year, the Joint Transportation Executive

Comrniltee shall elect a Chair of the Joint Transportation Executive Committee anda Vice-Chair of the Joint Trannportatioii Executive Committee for the following yearfrom among tile members of the Joint Transporlation Executive Committee.

5.2 By convention. if the Chair of the Joint Transportation Execulive Commillee iii anyyear is a member of one of the Autlioiities. the Chair of the .Joint TransportationExecutive CommiUee for the next year would normally be a member of another ofthe Authorities.

5.3 The Chair ~ind the Vice.Chair of the Joint Transporlation Executive Coinmillee shaiieach hold office until:

5.3.1 A new Chair or Vice-Chair of the Joint Transportation ExecutiveCommittee is elected in accordance with Paragraph 4.1 above,

5.3.2 Ho/she ceases to be Cl member of the Joint Transportation Executive

Commìllee, or

4

5.3.3 He/she resigns from tlie office of Chair or Vice-Chair by notification in'Nnting to the Secretary of the Joint Transportation ExecutiveCommittee.

5.4 Where a casual vacancy arises in the office of Chair or Vice-Chair of the JointTransportation Executive Commítleo, the Joint Transportation Executive Committeeshall at its next meeting elect a Chair or Vice-Chair, as the case may be, for thebalance of the term of office of the previous Chair or Vice-Chair.

. 5.6 Where, at any meeting or part of a meeling of the Joint Transportation Executive

Committee, both the Chair and the Vice-Chair of the Joint Transportation ExecutiveCommittee are either absent or unable to act as Chair or Vice-Chair, the JointTransportation Executívo Committee shall elect one of the members of the Joint

Transportation Executive Committee present at the meeting to preside for the

balance of that meeting or part of the meeting, as appropriate.

6 SccrotL1ry to the ,Joint Transportation Executivn Comniìttoo

6:1 The Joint Tmnsporlf.ltion I:::xeculíve Committee shall be supported by the ChiefExecutive of the West of England Partnership iii Iiis Gap~icity as Secretary to theJoint Transportalion Executive Committee.

G.2 The functions of the Sccret31Y of llio .Joint Tn:insportation EXC'lcutivf! CCll11mittueo;:,ha\\b::-:.

co To maintain a record of membership of the Joint Transportation ExecutiveCommittee

.. To notify the Proper Officer of each appointing Authority of any anticipated

decisions to be taken by the Joint Transportation Executive Committee over theyear (whether or not ~;ey decisions) and updated on a monthly basis, to enablesuch decisions to be included in the Forwnrd Plans of each appointing Authority~s required by the Local Aulhorilies (Access 10 Informa\íon)(England)

Regulalíons 2001 and in accordance with their respective constitutionsD To carry oul sl.lch notification to ;:mrl consullaUon with mr.imbp.rs of Ilie

appoinling Aulliorilies as may be noce:;sary to enable the Join! TransportationExeculive Committee to take urgent decisions which have not been incliided inthe Forward Plane; òf appointing Authorities

o To notify the Proper Officers of the Authorities of the dales, limes and venues ofmeetin~ls and 10 publish the dates limes and venues

D To summon meetings of the Joinl Transportation Executive Cominiltee inaccordance with Paragraph 7 below

" To prepclre and send out the agenda for meetings of tlie Joint TransportationExecutive Committeo in consultation with the Chair and the Vice-Chair of theCommittee and the Autliori!y Lead Officers

.. To keep a record of the proceedings of the Join! Tn:insporlation Execulive

Commiliee" To take such admInistrative action as may be necessary 10 give effect to

decisions of the Join! Transportation Executive CommitteeD To undertake 'such other functions as may be determined by the Joint

Transportation Executive CommitteeTo ensure the West of England Partnership Board receives copies of the JointTransportation Executive Committee's forward plan, agenda and minutes.

l"

7 Convening of Meetings of the Joint Transportation Execulive Committee

7.1 Meetings of the Joint Transportation Executive Committee'shall be held at such

times, dates ånd places as may be notified to the Members by the Secretary to theJoint Transportation Executive Committee, being such time, place and location as -

7.1.1 the Joint Transportation Executive Committee shall from time to lime

resolve

7.1.2 the Chair of the Joint 'Transportation Executíve Committee, or if

he/she is unable to act, the Vice-Chair of the Joint TransportationExecutive Committee, 5hall notify to the Secretary of the Joint

Transportation Executive Committee, or

7.1.3 The Secretary of the Joint TranspOllallon Executive Cornniìlloe, inc.onsultation where practicable with the Chair and Vice Chair of theJoint Transportntion Exocutivu Committee, shall determino inresponse to receipt of a reauest in wriling addresBed tho Ser.relary oftho Joint Transportation Executive Commlttoe:

.. From and sinned by two meinbers of the ,Joint TransportationExecutive Conimillee, or

Cl From the Chief Execulivo of aii appointing Autliorily

which request sets out an urgent item of business within the functionsof the Joint Transportation Executive Committee.

.1.2 The Secretary of the Joint Transportation Executive Conimittee shall settle theagenda for any meeting of the Joint Transportation Executive Commit!ee after

conculting, where practicable:

7.2.1 The Chair of the Joint lmnsportalion Executive CommiUee

7.2.2 The Vice-Chair of the .Ioint Tmnsporl;;i!ion FXf!r.iitivf! (;omniilfp.p.

7.2.3 The Authority Léad Officers and the Head of Joinl Transporl

Hnd shall incorporate in Hie agenda any items of busínesn cind any repoi Issubmitted by -

.. any two members of the Joint Transportation Executive Committee inaccordance wilh Paragraph 7.1.3 above

o the Le~der of any of the Authorilíes

o The Chief Executive of any of the Authoritieso the Chief Finance Officer to any of the Authoritiesø the Monitoring Officer lo any of the Authorities

ø such other offïcers as the Joint Transportation Executive Commit!ee maydetermine for this purpose

8 Procedure at Meetings of the Joint Transportation Executive Committee

8.1 The Joint Transportation Executive Committee shall, unless the member of the JointTransportation Executive Comniiltee presiding at a meelin,g or the Joint

Transportation Executive Committee determines otherwise, conduct its business inaccordance wilh the Exec.utive Decision-Making Procedure Rules set out in theAppendix to this Conslilution.

6

8.2 A meeting of the Joint Transportation Executive Committee shall be inquorate andshall not be able to discharge any business unless there are present at least 3m~be~. .

8.3 The Chair of the Joint Transportation Executive Committee, or in hisiher absencethe Vice-Chair of the Joint Transportation Executive Committee,. or in his/her

absence the member of the Joint Transportation Executive Committee elected forthis purpose, shall preside at any meeting of the Joint Transportation Executive

Committee.

8,4 Whilst the Joint Transportation Executive Committee shall seek, wherever possible,

to work on i.i principle of consensus, decisions of the Joint Transportation ExecutiveCommittee shall be delerinined by a majority of the memhers of the JointTransportation Executive Committee present and voting. In the event of an equalityof votes, the person presiding shall have a second or C8StinO vote.

B.G Any decision of the Joint Transportation Executive Commiltee is suhject to lh\?:Iimitalion set oul in the delegations from each Authority at Clause 3.3 and 3.4-

ahov?

9 Attendance at Meetinrls of the Joint Transportation Executive Committee

9..1 Notwithstandin~J that () meeting or part of a meeting of the Joint Transporl8tion

C1.:êCuU"le Cornmit\..ec ma'j not he o\,el1 to the \wcs!'. ,.incl publlc, the membcr~; nndofficers specified in Clause 9.2 below of each Authority shall be entitled, in personor by another officer nominated by that officer, to attend all, and all parts, of suchmeetings, unless the particular member or officer has a conflict of interest as aresult of a personal interest in the matter under consideration.

9.2 The follo"ving are the elected mombers and officers who shall have a right ofattendance in accordance with clause 9.1 above:o elected Members 01 the Authorilies

o the Chief Executive of any of the Authorities

n the Chief Finance Officer to miy of the Al.lthoritifl!,o the Monitoring Officer to any of the Authorities

(j any person appointed by the Joint Transportation Executive Coininitlee to

manage particular projectso the officers of each Authority with responsihility for transportatíon functions

o any other offícer of tlie Authorities at thß request of any member of the JointTransportation Executive Comniillee

10 Effect of Call In

10.1 Within 5 clear days of publication on the West of England Partnership website, adecision of Joint Transportation Executive Committee can be called In.

10.2 If a decision of the Joint Transportation Executive Committee is called in, it shall notbe implemented Save where the decision on the call in

o is to support or lake no further action oro where the initial call in does not lake place within 20 working days, oro any referral following the initial call in does not take place within 40

working days of the initial call in

10.3 The Joint Transpor.tation Executive Committee will consider representationsreceived as a result of a call in before taking a final decision on the matterconcerned.

'7

11 Standing Orders for Contracts, Financial Regulations and Officer EmploymentProcedure Rules

The Joint Transportation Executive Committee shall operate under the Standing Orders forContracts, Financial Heguli:ilions and Officer Employment Procedure Rules of Bristol CityCouncil

12 Amendment of this Constitution

This consUlution can only be amended by agreement of all the Authorities.

13 Definitions

In this Coiislilulion, the following words Ðnd phrases shall have Ihe meanings set outbelow:

"The Authorilics" means 8ath and North Enst Somerset Council. Bristol City Council. NorthSomerset District Council and Soutli Gloucestershire District Council

"Local Transport Improvement Proç¡rnmine" means the programnie of local transpoiiimprovement projects as may from time to lime be recomrnmided by the Joint

Transportation Executive Cornniìllee to and approved by each of the Authorities for Ihepurpose of tho Joint Local Transport Plan.

"Policy and Budget Framework" means the plans and strategies approved by the Council ofeach of the Authorities for the purpose of Regulation 4 and Schedule 3 of the LocalAuthorities (Functions and Responsibililies) (England) Hegulnlions 2000. as may beamended or replaced from time to lime

"The West of England Parlnership" means the joint strategic organisation eslablished bythe Authorities, and "\he West of England Pailncrship Board" meanslhe leader-level forumwithin the West of L:ngland Partnership

8

Appendix

Joint Transportation Executive Committee Executive Decision Procedure Rules

1 Application

These procedure rules apply to all meetings of the Joint Transportation ExecutiveCommittee, and to decisions of individual Joint Transportation Executive CommitteeMembers and executive decisions taken by officers under powers delegated from theJoint Transportalion Executive Committee.

2 Allocation and Delegation of FUllctions

(u) SlIb-ileieua(ion

Except in respect of I~ey Docisions, where tha .Joint Transportation ExecutiveCominillee is responsiQle for the discharge of a function, it may arrange forthe discharge of Ihat function by an officer.

(b) Hesumplion of delegated functions

Where a funclíon has been delegated by the Joint Transportation ExecutiveCommittee it may at any time resume responsibility for the discharge of thatfunction by notice in wriling to the person or body to whom the function hasbeen delegated, with a copy to the Secretmy.

Where an olficer has been given delegated powers in respect of a function,he/she may at any time refer the maUer up for decision to the \)erson or bodyfrom whom tho power ¡ias been delegated,

:3 Mceiings

(a) The Joint Transportation Executive Committee shall meet as necessary forthe effcctivc discharge of ils functions.

(b) The Joint Transportation Executivo Committee shall meet at such time, dateand location as may be determined by the Joint Transportation ExecutiveCommittee or by the Chair of the Joint Transportation Executive Committeeand notified to the Secretary.

(c) Where the Scrutiny Committee has requested tile Joint TransportationExecutíve Committee or a Sub- Committee to reconsider a decision, thedecision-taker(s) shall meet and reconsider the decision wiUiin 20 workingdays of the decision of the Scrutiny Committee.

(d) Meetings will normally be held at such locations as the Joint TransportationExecutive Committe.e shall determine. but with the intent that the meetings

shall rotate around the Authorities.

4 Summons and Agenda Procedure

(a) All meetings of Joint Transportation Executive Committee shall be summoned. by the Secretary.

9

(b) Except in cases of speciàl urgency, at least 5 clear working days before the

meeting, the Secretary shall prepare and send to each committee momber.the Leaders of the Authorities, members of the appropriate joint scrutinycommillee, appropriate officers and the media an agenda selling out:

A The identity of the bodyB The time, date and location of the meetingC The business to be transacted at the meeting, including:

Any reports and recommendations from a constituentCouncil

ii Any reports or recommendations from the JointTransportation Execulive Committee

ILL Any notices of motion to. or referred to, the bodyIV Àny petilions la, or referred to, tile bodyV /\ny reports to be InfiCle by statutory ûífic",¡,,;

VI Any ¡millers which the Chair has notified to IheSecretary for inclusion in the agenda

Vll Any reports to be made by other officers appropriate tothe proper discharge of the body's business.

VIII Consideration of Ihe Joint Trmisportation Executive

Commillee's work pro9raniinoIX Where practicable, an indication that the Secretary is of

the opinion that it Is likely that the press and public will

be excluded from all or part of the meeling.

(0) No business may be transacted at ¡) meeting which is nol specified in theagonda or supplementary agenda for the meeting unless the Chair of theJoint Transportation Executive Committee agrees that tl\e item should be

considered as a matter of urgency. The reason for the urgency shall bespccifìcd in the statement of decision.

(d) The agenda shall be accompanied by (my ri~ports and 0ocumen!s necessaryfor the decision-taker(s) to discharge his/her business effectively. Each suchreport shall be in such standard form as the Secretary may prescribe andsh811 include a list of all background documents whicli tlie millior of the reporthas relied upon in compiling the report. As a matter of principle, ~ny wrillenreport relating to a matter included in the agenda should be made availableand circulated at the same lime as the agenda. but where this is notpracticable becaLlse of the urgent nature of the matler, the agenda will slatethat the report is to follow and the report win be circulated as soon as possibleafter the circulation of the agenda for the meeting.

(0) All reports sh.çllf be developed following appropriate consultation (including

wilh Leaders and other stake holders)

5 Rights of Attendance and Audience

(a) Agendas of the Joint Transportation Executive Committee and iepoi Is, exceptthose marked "Not for Publication", will be available for inspection on requestby the public at the offices of the consliluent Authorílies during normal officehours. .

(b) The presumption is that all meetings of the Joint Transportation ExecutiveCommittee and of any Sub- Commillues shall be open to the public.

10

(i) Where the Secretary is of the opinion that it is likely that the press andpublic will be excli.ided from all or part of a meeting, he/she shal! soindicate on the agenda and may withhold from the press and publicany report or background paper which would disclose confidential orexempt information.

(ii) The Joint Transportation Executive Committee must exclude pressand public from any part of a meeting at which confidential informationis likely to be disclosed

(iii) The Joint Transportation Executive Committee niay exclude press and

public from any part of a meeting:A at which exempt information is likely to be disclosed; or8 at which officers will provide a briefing to members on ¡;¡ maller

on which a decision is iike'ly to be taken on the mnlter wìlli¡nthe next 28 days;

(8) All documents which are open to public inspection, will normally be availableat least five clear days before the relevant meeting. Where a report is notavailable when the agenda is published, the report shall be made available forpublic inspection when il is made available to members of the 8Lithority.

(r) Tho rights of Ml'lInbers of any of the constituent authorities shall be cls set outin the plù\OCO\ at annoy. f\ .

(g) Public participation at meetings shall be in accordance wilh the protocol atAnnex B

6 Urøont Decisions

(a) Urgent Decisions

Subject as below, the Joint Transportation Executive Commillee shall nottake a decision which has not been included in the Forward Plan of each of

the Authorities (so far as the same is necessary under their resp0ctivcconstitutions) for the period in which the decision is to be taken unless atleast 5 clear working days' notice of that decision has been given la IheCI1airman of the relevant Scrutiny Commìtlee of each constiluent authoritysetting out the reasons for urgency

(b) Special Urgent Decisions

The Joint Transportation Executive Commitlee shall not take a Special UrgentDecision unless notice of the intended decision has been given' by theSecretary to the Chairman of Ihe relevant Scrutiny Committee of each

Gonslituent aufhority and he/she, or in his absence the Chairman of Council,or in his/her absence the Vice-Chairman of Council, has notified Ihe Secretarythat he/she agrees that the decision is specially urgent.

(c) Reporting Urgent and Special Urgent Decisions

The Secretary shall ensure that a report listing all Urgent Decisions andSpecial Urgent Decisions Is presented to the next convenient meeting of theScrutiny Committee of each constituent authority

7 Departure Decisions

11

(8) The Joint Transportation Executive Committee shall not lake a decision whichis contrary to or not wholly in accordance with the appropriate Authority's

approved Budget or the authority's approved plan or strategy for borrowingand capital expenditure, and which is not within the approved vlreme'ntlimils,but shall refer the proposed decision to appropriate Councìl for determination

(b) The Joint Transportation Executive Committee shall not take a decision whichis contrary to the appropriate Authority's Policy Framework, but .shall refer theproposed decision to the appropriate Council for determinalion

(c) Paragraphs (a) and (h) shall nol apply whoro the decision -

(i) is urgent (in the sonss that the interosts of the authority, ils area or thn

inhabitants of the are:i are at risk of suffering unacceptable damaç¡8 ifIlia decision wew to be deferred until the next ordinory meeting ofCouncil) and

(ii) the Secretary has notified the Chaimial1 of Scrutiny CommiUee of therelevant constituent authority or, if he/she is unable to act, the

Chairman of Council or, if he/she is linable to act, the Vice-Chairmanof Council of the intended decision and the reasons for urgency andthat Councillor has notified the Secretary in writing that he/she agreesI\H.ù Ihe malleI' needs 10 be üeterm;,iw,d as a matter or urgency.

(d) In each instance where any urgent decision is taken under Paragraph (c)above, the decision taker(s) shall as soon as reasonably practicable after themaking cif the decision, submit a report to each relevant constituent Councilsetting out the particulars of:

(i) the decisi()n which has beon taken

(ii) the reasons why the decision was iirgenl, and

(iii) the reasons for the decision itself.

(c) The Secretary shall ensure that a report selling out eòch urgent depmturedecision is presented to the next convenient meeting of the relevant ScrutinyCommittee.

13 Rules of Pmcedure

(a) Who presides?

The Chair shall preside at meetings of the Joint Transportation Executive

Committee. In his/her absence, the Vice-Chair shall preside. In the absenceof both Chair and Vice-Chair, tha meeting shall be inquorate.

(b) What business is to be transacted?

At each meeting of Ihe Joint Transporlalion Executive ColiimHlee Ihê

following business will be transacted:

(i) . Apologies for absence

(ii)' Declarations of interest

(iii) Mallers arising froin the minutes of the previous meeting

(iv) Mallers set out in the agenda for the meeting.

12

(c) The person presiding at a meeting shall conduct the meeting in accordancewith these Procedure Rules.

(d) The person presiding at the meeting may vary the order of bUsiness at themeeting.

(c) The person presiding at the meeting may invite any person, whether Cl

member or oHìcer of the Joint Transportation Executive Committee or a thirdparty, to attend the meeting and to speak on any matler before the meeting.

9 Quorum

The quorum for ;;i meeting of the Joint Transportation Executive Committee shall bethree membem of whom at least one shall be either the Chair or the Vice-Chair

'iO Hccord or Aíicndaricu

All Joint Transportation Executive CommiUce Members present during the whole orpart of a meeting must sign their names on the allendance sheet before thèconclusion of 1110 mùcling.

1'1 Di~ol'derly ComliJ(;t

(a) If, in the opinion of the person presiding, any member of the JointTransportation Executive Coinmillee misbehaves at a meeting by persistentlydisregarding the ruling of the person presiding, or by behaving irregularly,improperly or offensively, or by wilfully obstructing the bu.siness of the JointTransportation Executive Committee, the person presiding may move not tohear the member further. If the mo1ion is seconded it shaH be ptit to the votewithout discussion.

(11) If, in the opinion of the person presiding, the member persistently misbehavesafter such a motion has been carried, the person preciding inoy require (heremoval of tbe member for such period as the person presiding shall

determine. The person presiding may if necessary adjourn or suspend thesilting of the Joint Transportation Executive Commitlee.

(c) If a member is required to leave a meeting under this Procedure Rule, themember is not entitled to vote during the period of exclusion.

(cl) If a member of the public or Councillor who is not a Joint Transpor talionExecutive Committee Member interrupts the proceedings at i:iny meeting, theperson presiding may issue a warning. If the interruplion continues theperson presiding may order the person's removal from the room or chamberin which the meeting is being held.

(e) In case of general disturbance in any part of (he chamber open to the publicthe person presiding may orde~ tha't part cleared. If the person presidingconsiders it necessary, he may i:idjourn or suspend the sitting of the JointTranspoi1atìon Executive Committee.

12 Voting

(a) Matters under consideration shall be determined by a majority vote of thosemembers present and voting

13

(b) Voling is generalfy byashow ,of hands.

(c) Any Joint Transportation Executive Committee Member may ask for a vole tobe recorded, individual votes will then be taken by way of a roll call andrecorded in the minutes so as to show how each member present and votinggave his vote.

(d)' Any Joint Transportation Executive Committee .Member may ask that his/herindividual vote Lie recorded in the minutes.

(e) Whenever a vote is taken by show of hands and not by roll call, the personpresiding shall ask for those'.Ïn favour, and those rigainst to vote in turn. Hewill then ask those abstaining from voting to indicate accordingly. Any

member may ask for the number of those in favour, the number of thosengainst and the mimber of those abstaining to be recorded in the miniiti~s.

(0 A member may not change liis/her vole once he/she h"IS cast it and anothermember has been called upon fo vote.

(9) If a member arrives before the casting of votes has been commenced he/sheis entitled to vote.

(li) lrrirnedialely aHor a vote is taKen aiiy inolnlJ¡,;r n¡;;¡y ask for it to be recorded in

the minutes' that he/she voted for or against the question, or that he/sheabstained.

(i) A matter shall be considered to be approved ¡fit receives the votes of amajority of those members entitled to vote who are present and voting. In theevent that the votes cast fot and against Cl proposal are equal, the personpresiding, will have a second and/or casting vote. There shall be norestric\ion on the manner in which the casting vote is exercised.

U) Wh8re thr;;r8 r.líe nir.irA them two persons /ln11ìínal¡:;d for any posflion to befilled by the .Joint Transportatìon Executive Committee, ::ll1d no pcr:.;ori

receives more lIian one half of the votes given, the name of thfJ person

having the ICêlBt number of votes will be struck off tile list and a fresh vote

taken, and so on until a clear majority of voles is givon ÌJI favour of oneperson.

(k) A member may not vole on any maller in which lhnir Authority is not a directparticipant.

'/3 Recording the Decision

(a) I\tthe Joint Transportallon Executive Conimì!loe,

(i) The person presiding shall be responsible (or ensuring that theSecretary is clear as to the decision taken and the reasons for thatdecision.

(îî) The Secretary shall then, as soon as reasonably practicable after theend of the meeting, prepare a statement of the decisions taken at themeeting, including:

A The Joint Transportation Executive Committee and other

i4

members of the constituent Councils aUending the meetingB Any disclosures of personal or prejudicial interestsC The decisions takenD Whether the decision is urgent and should be implemented

directlyE A summary of the reasons for the decisionF The options which were considered at, but rojected by, the

meeting

The Secretary may consult the person presiding at the meeting as tothe matters to be recorded in thc minute.

(c) Where the statement of decision(s) would disclose confidential or exemptinformation, the Secretary shall produce a formal statement of decisions ofthe meeting and a summary of the decisions taken at the meeting excludingsuch confidential and oxmnpt information but providing a coherent account ofthe matters decided, .

(d) Where the decision is Cl decision upon a reconsideration of a decision on a"Call-In" by Cl Scrutiny Committee, the Secretary s!iall be responsible forreporting that reconsideration decision to the Scrutiny Committee

,e) lhe S~':c:ic:tar'1 sh,,\\ be mspi:)\\s\b',c; tor cìrcu\n\ilìÇ) Iha ~;\ó:ìtßrmmt of di':\':i~,i()n~

to officers of the authority responsible for the implementation of the

decision(s).

14 Implementing decisions

(a) Decisions shall not be implemented until 5 clear days from the publication ofthe statement of decision(s) of the meeting or the decision 1.

(b) Paragraph (a) shall not apply whereo the matter is urgent (in accordanG(~ with pamgraph 6), or

o Joint Transportation Executive Committee determines that the

interests of one or more of the constituent authorities, its area orthe inhabitants of the area are flt risk of sufferinn unacceptabledamage ìf the decision were not to be implemented directly.

(c) Where a non-urgent decision is called in by a Scruliny Committee before it isimplemented, implementation of the decision will be deferred until the

decision-taker has had the opportunity to consider any request from theScrutiny Commiltee for the re-consideration of the matter.

Note that such a deferment of implementation is determined by the Joint TransportationExecutive Committee and can be withdrawn if the Joint Transportation Execu!ive Commitleeis of the opinion that such a deferment prevents the effective discharge of executive

functions.

15

AnnexARIGHTS OF MEMBERS OF CONSTITUENT AUTHORITIES

INSPECTION OF/AGCESS TO DOCUMENTS

All Members of the Authorities have the right to access all documents which contsinmaterial relating to items considered at meetings of the Committee.

They also have the right to inspect any other document or have access to anyinformation which they need to properly'perform their duties as a Member of one ofthe particip~tiiig Authorities. These rights are, however, subject 10 the following:

· A Member is not entitled to inspect any document, or have access to anyinformation. relating to a malter in which he/she has a prejudicial interest(where this specificnJly relatos to a financial interest), or where the Member istictiiig against ihe Council in r-i professional cnpacity. (This doc~¡ noChowever, remove the basic right which that Member would have 85 ;i mflrnber

of the public.) .

D In ca~es where information requested by El Member should not, in the opinionof tho Proper Officer, be disclosed, (eg it does not appear to be required toonnble the Member to próperly iwrforin their duties, or is of i:i liìçilily sensitive;or personal nature or otherwise exempt), the relevant Proper Officer may,with good reasons (which should be explained to the Member), refuse accessto a document or other information.

o If ¿l Member is not satisfied with this decision, he/she may refer it to theMonitoring Officer of his/her Authorily. If a Member remains dissatisfied withtbe riiling of the Monitoring Officer he/she may ask for tne matter to beconsidered by the Committee. The ruling of 'he Committee \s finaL.

The rulessuniinarised above are complex and based on statulory provisions andCèlse 18W. If there is any contiíct b0lwéen ¡hose ll.lIEJ$ and the lefial provisions, thefaller apply.

QUESTIONS

Members may address questions to the Chair of Committee. Written notice of thequestion shall be given 3 working days (¡efore the meeting:

The Chair in responding to the question may;. Answer the queslion himself

D Ask an officer to answer the questionD Offer a wrillen answero Decline to answer and give his/her reasons

The questioner may' ask only one supplementary question, regardless of the numberof original questions they asked. The supplementary question must be on the samesubject as the original question.

PETITIONS

A Mémber may present a petition at Coinmitlee meeting or and speak to it for nomore than 5 minutes.

16

The petition may relate to an item on Ihe agenda or a matter relating to theresponsibiJìlies of the Committee. Notice of the subject matter of the petition shall begiven by 12 noon on the working day before the meeting. .

RIGHTTQ ATTEND AND PARTICIPATE IN MEETINGS

A Member has the right to attend and speak at any Commíttee meeting. Notice of thetopic(s) concerned shall be given by .12 noon on the working day before the meetingif the inember wishes to speak at any Committee meeting.

The Chair will give Members who have notified their wish to speak the oppoi1unily tospeak at the commencement of the meeting to contribute their views on any agendaitem or other matter within the remi! of the Committee.

The riÇJlit to aUolie! remains available when the meeting is considering private (orexempt) business. This is provided that the Member has a legitirnate need to be inatlendance, and that the attendance does not involve any conflict of interest, whichmay constitute 3 prejudicial interest as defined by the Code of Conduct. In suchcases the memher may not attend, spoak or vote øt the incetinø.

The Cli.:iir will exercise discretion 011 the overall time allowed for members'í'mtid~)(ili(m. Thir., wi\! take into account the issues members wish to wise rind tl1(-:other business of the meeting.

In managing the meeting the Chair has discretion over the management of theparticipation arrangements

17

Annex B

PUBLIC PARTICIPATION

WHO CAN USE THE SCHEME?

The scheme is open to any resident, council taxpayer or business ratepayer of theconstituent Authorities, or any person affected by decisions to be taken by theCommittee. '-The scheme is also open to a representative of Cl business or voluntary organisationor parish council operating in the four authorities' areas.

WHAT ARE THE OPPORTUNITIES FOR PARTICIPATION AT MEETINGS?

The agenda for each meeting will provide an. opporlunity al the beginning of thomCßUng for items from the public to bc heard.

The oppor(unilins for pmUcipalion are:-

" TO PHESENT A PETITION on any malleI' Oil the meeting agenda or relatill!J

10 the Committees responsibilities" TO MAI-::E 1\ STATEMENT I1x¡iresc;;ing iii!;!we;¡ ahout a matter cm the meetinG

agenda or relating to the Committees responsibililieso TO ASK A QUESTION on any matter relating to the Committees

responsibilities. 'l1ie questioner mny ask only one supplementary question,regardless of the number of original questions they asked. Thesupplementary question must be on the same subject as tho original question

By participating in this way, it is assumed that consent is given to the recording in thel1iiiiutes of the meeting the name and details of any person making a submission.

A copy of any wrilten submission will also be included with the agenda papers for themeeting which arc placed in an offìcial minute book (lfie public record) and will alsobe included on tile West of England Partnership weh site with the other documentsrelating to Ihe mcctin!J,

PEHIOD OF NOTICE

Writlen notice must be given by any person wishing 10 present a petition, make astatement by noon on the working day before the nioeling. Wrilten notice of anyQuestion to be asked must be given 3 working days before the meeting. This wìll

enable any appropriate advice and assistance to be given and tor officers 10 makeany necessary am:ingomonts in liaison wilh thc chair of the meeting so Ihat the fullestpossible opportunity can be given tor participation.

TIME LIMITS

No individual submission will normally be allowed more than 5 minutes lime at ameeting, in the interest of fairness to all those who may wish to address the meeting.

The Chair of a meeting will exercise discretion on the overall time allowed for publicparticipation either at the beginning of a meeting or in connection with any particularitem. This will take into acqount the issues people wish to raise and the otherbusiness of the meeting.

18

BALANCE

The.Ghair will, if necessary, make a judgement at the meeting to try to ensure thatthose who are making submissions on opposite points of view on the same subjectare treated equally

QUESTIONS ON SUBMISSIONS

It is necessary for councillors to have a complete understanding of the issues raisedby tho public. At the discretion of the Chair, members will be allowed to ask factualquestions only of Cl person making a submission.

WRITTEN COPIES OF SUBMISSION.

Also to assist understanding, those making statements to meetings may wish toprovide n written text or summary of Ihe points lfI!ln!iol)ce!. This sho~!!c! be p~!ssedto the clerk to the meeting.

ACTION THE MEETING MAY TAl\E

All submissions must be made at the beginning of the moeting.

'\ hi:i CÌlcÚI \ii:lS i.lISW::\'IOl! lJV~r lhe oiuer in which lu \"ko sla\\;)lnenl~, pe\i\\ont andquestions.

If necessary and convenient to the other business. the Chair or the meeting itselfmay agree to advance an agenda item which is subject to submissions in the order ofproceedings.

In relation to a matter not on the meeting agenda, it may be possible for an officer lagive n brief response. Otherwise, the matter will either be noted or referred forconsideratfon to the relevant officer.

The meeting will decide on the most appropriate courSe of action and wi!! take advicefrom Officers in doing tlii:~.

If Is not normal practice to write to individuals aflO/wards. Howøver, if i:¡om8one

making a submission requires a formal response, the officer named on the agendapage will (subject to being provided with contact details) provide Cl written responsewithin 7 working days.

WHAT FALLS OUTSIDE THE SCHEME

There are some malleI'S that need to fall outside the $COPC of this scheme. Theseare:

.. an individual's circumstances where it would be inappropriate for details to be

aired in public;o contractual matters;

.. allegations against individual councillors'or officers (in such cases the

Council's complaints or code of conduct procedures must be used);o no defamatory, frivolous or offensive submissions will be allowed,

19

Appendix 2TheJWA

26

T;IPROPERTY\10021438 South Bnstol UnklOocuments\lPAISBL JPA final 20lh December 2012.00c

Joint Working Agreement '

Bath and North East Somerset Council

And

Bristol City Council

And

North East Somerset Council

And

South G\oLlce8tershire CoulìcH

Joint Working Agreement

For the Development. Procurement and Management of

Local Transport Improvements

THIS AGREEMENT is made the day of 2009

BETWEEN

BATH AND NOTH EAST SOMERSET COUNCIL of Guildhall, Bath, BA 1 SAW

AND

BRISTOL CITY COUNCIL of Council House, Co!fege Green, Bristol BSi 5TR

AND

NORTH SOMERSET DISTRICT COUNCIL ofTown Hall, Weston super Mare, B823 1 UJ

AND

SOUTH GLOUCESTERSHIRE DISTRICT COUNCIL of Councit Offices, C:::istio Street, ThornburySouth Gloucestershire, 13835 1HF

WHEREAS

The four authorities are all local transport F.lI1d highways authorities under" the Local

Government 1\ctr¡ 19'12 aiid 1985 and the Highways 1\ct1980

2 The four authorities are concerned to develop and implement a strategy to alleviate trafficcongestion, cope with anticipated population and trame growth and to meet local transportand development needs and to promote the economic, social and environmentalimprovement of their areas

3 The Strategy is proposed to comprise a programme of local transpOlt improvements

4 The implementation of the str¡,:\tegy will tJ.xtend to the meus or al\ four authorities and wiltrequire the active participation of all four authorities to achieve

5 The four authorities intend to apply to the Department for Transport, other agencies ofcentral government and the. European Union for funding for the development andimplementation of the Stmtegy, including Transport Innovation Fund funding

6 'n1e four aulhorìlícs liave therefore agreed to work together to develop and implement the

Strategy, including the production of a shared Local Transport Plan and Local TransportImprovement Programme, to secure external funding and for the definition andimplementation of the programme of local transport improvements

IT iS HEREBY agreed as follows-

1 Interpretation

1.1 In this Agreement unless the context otherwise requires the following expressions

have the following meanings-

"The Agreement" means this Agreement comprising the terms and conditionstogether with the Schedules hereto. .'An "Approved Project" means a proposed local transport imprqvement which isincluded within the Lace,! Transport Improvement Programme and for which an

2.

allocation of funding has been made to the relevant Authority by the JointTransportation Executive Committee

References to "the Authorities" shall be taken as references to Bath and North

East Somerset Council, Bristol City Council, North Somerset Council and SouthGloucestershire Council, and "the Authority" shall mean one of the Authorities

"The Authority Lead Officer" shall mean the officor of each Authority appointed bythat Authority in accordance with Clause 9 of this

Agreoinenl to ensure that thatAuthority provide sufficient support to secure the effective dolivery of the Strategy

"The Chair" means the person elected as Chairman of the Joint TransportationExecutive CommiUee for the purpose of the Local Government Act 1972

"The Charging Schemes" means such road pridng schemes and/or schemes ofworkplace parking levies as shall have been approved or implemented by the JointTransportation Executive Committee

"The Coinmencement Dato" means the date oil which this Agreøinent is executedby the Authorities

"The Constitiition" means the constitution of tile Joint Transportation ExecutiveCommittee as set out in Schedule F to this I\weenient

"Contract" means any external contract entered, or proposed to be entered by theAuthorities or any of the Authorities for any Project .

"The Delegated Powers" means the' powers delegated by each Authority to theJoint Transportation Executive Cominillee in accordance with this Agreement

"The Head of Joint Transport" means lhe oilicer appointed by such appropriatecollective arrangement between Uìe Authorities as may exist from time to time 10 act

r1S the co-ordinating officer in respect of the Strategy

"Aii Iiidcpenderit Decision" is a decision iaken by an Authority which is within the

Deleç¡atod Powers which that Authority has delegated to the Join( TransportationExecutive Committee

"The Joint Delivory Organisation" is an organization which the Authorities

propose to establish as a centre of excellence for the commissioning, design anddelivery of local infrastructure projects

"The Joint Transportation Executive Committee" means the .JointTransportation Executive Committee established by the Authorities in accordancewith the Constitution as set out in Schedule F

"Joint Local Transport Plan" means such plans and programmes as may from

lime to time be approved by the Authorities for the purpose of defining theirintended local transport improvements as part of each Authorily's strategic plan.framework under the Local Government Act 2000, and which may in turn berefleCted In Local Scheme Bids, the Joint Strategy for Transport Innovation Fund, aMulti-Area Agreement for Transpoii, a Joint Public Transport Strategy and otherpolicy documents and bid documents including the Joint Transport InvestmentPolicy and Programmes as may from time to time be approved or adopted by theAuthorilies

"Law" means:

3

(a) any applicable statute or proclamation or'any delegated or subordinate law;(b) any enforceable community right within the meaning of section 2(1) of the

European Communities Act 19.,2; .(c) any applicable judgment of a relevant court of law which is a binding precedent

in England and Wales

"The Lead Authority" means the Authority which,. in accordance with thisAgreement, the Joint Transportation Executive Committee has appointed to carryout a particular function on behalf of the Joint Transportation Executive Committee

"Local Determination Matters" means any matter relating to the implementationof an approved local transporl improvement

"The Loctll Tltlnspoii Improvement Programme" means the programme of localtmnsport improvement projects as mny from time to time be recommended by theJoint Transportation Executive Committee to and approved by each of theAuthorities for the purpose of the Joint Local Transport Plan

"Loss" includes any loss and liabilHy directly suffered by the Authority togetherwith any damage, expenso, liability or costs reasonably incurred in contesting anyclaim to liability and Quantifying such loss and liability

"The Membors" means tho members of tho Joirit Transportation ExecutiveCommiUee, and "Member" shall mean Cl momber of the .Ioint TransportationExecutive Commlllee

"The Officers" means the officers of the Authorities who are engaged upon theStrategy, and "Officer" shall mean an officer of an Authority who is engaged on theStrategy

"Policy and Budget Framework" for an Authori\y comprises the plans and policiesapproved by the Councit ol that Äuthority for the purpose of Hegutation 4 andSchedule 3 of the Local Authorities (Functions and Responsibilities) (England)Regulations 2000, as amended or mplaced

"Procurement Phase" means in respect of any Contract procured in respect of anyProject, the period from commencement of the procurement process until the earlierof the execution of the Contract or the commencement of the Contract

"The Programme Board" shall mean the Board comprising the Officers set out inClause 8.2..1

IIProject" means any project comprised in the Local Transport Improvement

Programme

"Project Initiation Document" mOClns a document approved by the Joint.Transportation Executive Committee in accordance wilh Clause 8 of this Agreementwhich brings together the key information required in respect of each Project

"Protocol" means the Protocol at Schedule 0

"The Reserved Matters" means the decisions so specified in paragraph 3.7 of theConstitution

"Senior Responsible Officer" means that officer nominated by the Authorilies tobe the lead officer for the Strategy afld/or any Project

A

"The Service Phase" means in respect of any contract procured in respect of anyProject. the duration of such contract

"Tho Strategy". means the shared object of the Authorities 10 develop, secureagreement of' ànd implement the Local Transport Improvement Programme tosecure funding and to make such funding available to enable the Authorities toimplement Approved Projects

"The Strategy Costs" shall mean the costs incurred by the Joint TransportationExecutive CommiUee, the Programme Board and the Authorities at lhe instruction ofthe Joint Transportation Executive Committoe in pursuance of the Strategy, inaccordance wilh tho definition set out in Schedule A to this Agreement

"The Strategy Expiry Date" means the date 25 years alter the date of IhisAgreement

!lStnitegy Funds" illc81l ¡Joy funding cecured by the i\uthorilios from theDepartment of Transport, other government departments or agencies and theEuropean Union for the purpose of the development fmd/or implementation of theStrategy or any part of the Strategy

"Strategy Initiation Doel/mont" means a document approved by the .IointTronsport Executive Commillee in accordance with Cli:iusc 8 of this ArJreemoiit\AJhich brings tfJge\h8r the kE'Y information requiff;d \0 f.\art the Strategy

"TIF Bid" means an application (including all stages of such an application) by theAuthorities to the Department for Transport for Transport Innovation Fund funding

"West of England Partnership" means such joint strategic organisation of theAuthorities as shall be operated by the Authorities from time to time

"Working Day" means any d¡:iy other than weekends and Bank Holldays.

1,/' Reference ló ciny i:;1::ilule or slr:ilutory provision includes a reference to that statuteor statutory provision as from time to lime amended extended or re-enacted.

'1.3 Words importing the singuIClr include the plurClI words importing any gender includeevery gender, the words importing persons include bodies corporate and

unincorporated; and (in each case) vice vema.

'1.4 Reference to Clauses and Scliedules are references to clauses and schedules of

this Agreement and any reference to a sub provision is unless otherwise stated areference to a sub provision of the provision in which the re.ference appears.

1.5 The Clause and paragraph headings and tilles appuaring in this Agreement ;:ire forreference only and shall nol affect its construction or interpretation.

2 Term

2.1 This Agreement shall come into effect on the Commencement Date and shari

continue in force in respect of the Authorities until the Strategy Expiry Date, unlessthis Agreement is terminated earlier in accordance with the terms of thisAgreement.

2.2 The Authorities agree that, five years before the Strategy Expiry Date, the JointTransportation Executive Cominittee will consider and' recommend to theAuthorities whether the Agreement should be extended or arrangements agreed

5

between the Authorities to deal with the continued funding of Approved Projectsundertaken by the individual Authorities in accordance with this Agreement.

3 General Principles

3.1 This -Agreement has been entered into by the Authorities to establish and effectprovisions for the preparation and delivery of the Strategy and to clarify theAuthorities' responsibilities in respect thereof and to each other.

3.2 The Authorities will work together in good faith and in an open, co-operative andcollaborative manner for the dumtíon of this Agreement and in complkinco with theProtocol. The Authorities' memb.ers and officers will use all reasonable endeavoursto work together in the spirit of mutual trust in order to endeavour to procure thesuccessful implementation of the Strategy and will respond in a timely manner to allrelevant requests from the other Authorities and flOm the Joint Transportation

Executive Commiltee.

3.3 Each of the Authorities will work together to secure the implementation of theApproved Projects within the Local Transport Improvement ProfJramme in broadorder of priority, nolwithstaiiding that such local transport needs may arise or suchlocal transport projocts may fall outside the areas of the particular authority ormit/iorities and to secure that the Strategy Funds are devoted to lhc implementationof 1110 Local Transport Improvement Proørainme.

3.4 Each of the Authorilies hereby represents to the other that it has obtained all

necessary consents sufficient to ensure the delegation of functions provided for bythis Agreement for the purposes of the Strategy

3.5 Tile Authorities shall use all reasonable endeavours to procure that their respective

members and officers who me involved in the Strategy shall at all times act in thebest interests of the Strategy and in accordance the Authorities' Policy and BudgetFrameworks. The Authorities expressly acknowledge that their members andofficers involved in carrying out activities under this Agreement or otherwise inconnection with the Strategy will have regard to the benefits to all the Authoritiesand accordingly may act iii coiimct with their duly to their own Authority, and .theAuthorities hereby mithorise them to act insuch a manner.

3.6 The Authorities commit to share data and knowledge relevant to'the Strategy where

appropriate.

3.7 Whist this Agreemeiit details the arrangoments between the Authorities for themanagement of the Strategy, the Authorities agree to work together in fiood faith toagree such further inter-authority arrangements as may be required 10 secure theeffective implementation of any parlicular local transport scheme which requires tliejoint participation of two or more of the Authorities for its irnplementatioii. In thiscontext it is noted that the Authorities are considering the establishment of a JointDelivery Organisation to provide the resource and experlise required for theeffective implementation of the Local Transport Improvement Programme

3.8 The Authorities acknowledge that the Local Transport Improvement Progranime is

merely one area where joint working between some or all of the Authorities may bebeneficial, and that the Authorities may from time to time wish to extend the scopeof joint working and the functions of the Joint Transportation Executive Committeeto encompass additional areas of joint working

6

4. Status of this Agreenient

4.1 The Authorilles agree that this Agreement shall take the form of a legally bindingrelationship and mutual commitments between them created by this Agreementshall from the date liereof be construed accordingly.

5 The Joint Transportation Executive Committee

5.1 The Authorities agree to consUtute the Joint Transportation Executive Committeeon the terms set ôut in the Constitution.

5.2 In appointing members to the Joint Transportation Executive Committee, each

Authority will, unless there are over-riding reasons to the contrary, appoint as itsrepresentative the member or the Executive or Ihat Authorily who has portfolioresponsibility for locril transport functions within that Authority.

5.3 Each Member of the Joint Transportation Executive Coniniìlluo shall h;:iveresponsibility for championing the Strategy within thoir own Authority and forsecuring, as far i:is possible that any matter which is recommended to lIiat Authorityby the Jóint Transportation Exccutive COll1millee for decision shall be consideredand cletermined expeditiously and having due regard to the benefits to all of theAuthorities of the implementation of the Stmtegy.

(¡A The l~esørv8d Matters shall not be matterr, within tho powers of th.'! JointTransportation Executivo Committee.

5.5 The Executivos of each of the Authoritios shall seek to secure that the function ofOverview and Scrutiny of the functions and actions of the Joint TransportationExecutive Committee shall be co-ordinated between the Authorities, such thatscrutiny can take place for each of the Authorities on one oçc"ision, rather thanbeing \.iodertaken separatoly by each Authority

6 Functions of the Joint Trcinsportatioii Exccutive Committee

.1 he functions of the Joint Transportation Exec\¡tivo Cömniìtiee shall be as set out in theCoiistitution together with such other functions as may from time to lime be delegated tothe Joint Trr:insportation Executive Corniniltee by some or all of the Authorities.

1 Powers dclcfFitcd to and reserved from the Joint Transportation ExccutiveCommittee

7.1 The Executive of each Authority hereby delegates to the Joint TransportationExecutive Committee the Delegated Powers set out in Clause 7.2

7.2 The Delegated Powcrs shall comprise the executive funclions and powers of thatAuthority as may be necessary, calculated to facilitate, incidental or conducive tothe discharge of the funclíons of the Joint Transportation Executive Comrnillee asdetailed in, and subject to such limitations and condilions set out in the Conslitlilíon.

7.3 The powers delegated to Ihe Joint Transportation Executive Conimìllee aredelegáted from the Executives of each Authority, and must therefore not beexercised in a manner ..-rliich is contrary to the Policy and Budget Framework of iherelevant Authority (which includes the Joint Transport Local Plan) or contrary to ornot wholly in accordance with the approved Budget of the relevant Authority

7

7.4 The powers delegated to the Joint Transportation Executive Commil!ee must beexercised in accordance with any conditions imposed by any body providing fundingfor that clement of the Strategy and/or Project

7.5 The Joint Transportation Executive Committee shall not include within the LocalTransport Improvement Programme any local trånspoii project which has not beenproposed by the Executive of the Authority or the Autnorities within whose arèa orareas that project would be implemented,

7.6 Whilst the Joint Transportation Executive Committee has the power 10 determine

the Local Transport Improvement Programme and to make funding available to anAuthority for the implementation of a Approved Project, the iinplementalion of anyApproved Project remains the responsibility i;if the Authorily or Authorities withinwhose area the particular Approved Project lies, and no power is delegated to the.Joint Transportation Executive Coinmillee to implement any Approved Project.

7.7 The Executive of an Authority may at any time deleflate additional powers to the.Joint Transportation Executive Committee.

a Progmnimo Officers

8.1 Tli0 Authorities' shall appoint one oHicer rrom each of the Aullioritics (who may bethe Authority Lead Officer) who shall work togetherwitii the Head of .Ioint Transportto pic;rJ¡:¡re Cl Prci~(;d \rúUn\ion Document in ie~:.ped of each Proied and n StralcgyInitiation Document in respect of the Strategy for approval by the JointTransportation Executive Committee.

8.2 The Project Initiation Document or Strategy Initialion Document (as the case maybe) shall make provision for

8.2.1 the management of the Project or Strategy (as the case may be) atollicer le\/el, under the direction of the joint -rrafì'3\Jorta\ìQ\1 Executive

Committee

8.2.2 the appointment of ono or inoro oflicors to be cngrigecl (whether full

or part time) on the Strateoy nnd/or Project;

8.2.3 the secondment of offícers from one or more of the Authorities, full orpart-time, to be engaged on the Stralegy and/or Project;

8.2.4 the establisl1ment of a Programme Board of officers and the Head of

Joint Trcinsport, with the power to invite other officers, consultants. and representatives of partner organisalions to altencl. for thepurpose of managing the Strategy and or Project, together with thetúrms of reference and powers delegated from the JointTransportalion Executive Còmmittee to that body;

8.2.5 the terms of references and powers to be delegated to individual

officers by the Joint Transportation Executive Committee and/or theProgramme Board;

8.2.6 the identification of a Project budget including the procurement costs,

service costs and Strategy Costs and their allocation between theAuthorities (in accordance with the principles set out in Schedules tothis Agreement)

8

8:2.7 recommendation as to any further functions to be delegated by theAuthorities tó the Joint Transportation Executive Committee

8.2.8 proposals for legal,. financial and technical advisors;

8.2,9 definition of which officers may enter contracts on behalf of theAuthorities on instruction of the Joint Transportation Executive

Committee;

8.2.10 the appointment of an Authority as Lead Authority for variousfunctions in connection with the Strategy and /01' Project;

8.2.11 definition of the project management system to be used 011 theProject and/or Strategy.

8~3 The Head of Joint Transport shall be responsible for

tJ.3. i leading the development or l1h3 Slrategy in conjunèlion with the

Authority Lead Officers and the Programine BOûrd forr8corninundrilion to the Joint Transportation Executive Commìllee;and

8.32 co..ordînating tha propr.\n:ition and submission of bids for externalfunding for lha SlrAfeuy aiidfnr Project.

8.4 The Senior rlesponsible Officer shall be responsible for monitoring the progress ofany Project,' (including monitoring the expenditure against budgel), and regularlyreporting thereon to the Programme Board and the Joint Transportation ExecutiveCommitteo

9 Authority lead Officers

9.1 Each Àutliorlty shall ~ppoint onc of its officers to be the Aulliorily Lead Officer inrespect of the Strategy and in rt)spect of any Project.

9.2 Each Authority Lead Officer shall be responsibre to the Join! TransportationExecutive C0Il1111iUee for. ensuring thal his/her Authority provides the support

necessary to secure the effective achievement of the Strategy and/or the delivery ofany Project. In this context, "support" shall include the involvement and time ofcapable officers, the provision of information and the prompt consideration ofmatters referred to his/her Authority for determination .

9.3 An Authority shall, unless there are over-riding reasons to the contrary, appoint asits Authority Lead OHicer the officer who has responsibility for local transportfunctions within that Authority.

10 Liabilities, Immunity and Indemnities

10.1 Compliance with grant conditions

10.1.1 Where any Authority receives Strategy Funds that Authority shall beresponsible for ensuring that it complies strictly with any conditionsor requirements which the funding agency has aUached to suchfunding and shall be liable to the other Authorities for any lossesresplling to those other Authorities as a result of any failure to

comply wilh such conditions.

9

10.1,2

l

I

Where such funding agency requires some or all of the Authorities tobe jointly and severally liable for repayment of such funding (in theevent of a faìlure to comply with such funding conditions or

. requirements) the Authorities shall provide the necessary

assurances.

10.2.1

10.2 Member and Ofricer Liability

10.2.2

10,2.3

When working as a member of the Joint Transportation ExecutiveCoiiimillee, the members shall be deemed to be working on behalfof their own Authority even where the particular inatter underconsideration relatés to or also relates to one or more of the otherAuthorities.

When working on the Strategy and/or a Project, off!cors shall bedeemed to be working on behalf of both their employing Authority,and made ::ivailable and working on behalf of one or more of theother Authorities uncler Section 113 of the Local Government I\ct19l?.

In consequence of the above, both members and officers shall betreated as falling within the statutory immunity provided by S8clion/.65 of the ¡:)l.Iblic Health Ad 1875, 81-\ amended, in respf!ct of their;:ictk)n~tÐt omissionfi in tl.':t.pt::r.\ üf the f:,lra\ì_Ij)',

10.3.1

'10.3 Losses to each Authority

An Authority shall not have any liability to any other Authority inrespect of any Loss which that other Authority may suffer solely as aconsequence of any action or omission by Ðny Officer, whilst thatOfficer is working on the Strategy and/or Project on behalf of theAuthorities collectively or tiie Joint Transportation ExecutiveCommittee.

10.-1.1

'IOA General Indemnity

10A./.

1'1 lead Authority

Subject to Clause 10.3.1, each Authority shaU indemnify each otherAuthority iii respect of, and pay to each other Authority upondemand, aiiy Loss suffered by that a.ther Authority as 8consequence of the first Authority failing to comply with the terms ofthis Agreemenl

Any liability not specifically apportioned elsewhere under thisAgreement shall be apportioned equally between the Authorities(unless olheiwise agreed).

11 :1 The Lead Authority for any function shall act on behalf of the Authorities in respectof that function.

11.2 The Lead Authority shall act under the direction of the Joint TransportationExecutive Committee and the Programme Board.

11.3 Where the ,Lead Authority for any function reasonably incurs any costs or liability indischarging Its funclfons as Lead Authority, the officer of the Lead Authority

discharging that function shall inform the Programme Board prompily of that cost or

10

liability and such cost or liability shall be apportioned between the Authoriliespursuant to Clause 14.

11 A Where any person enters any con.tr~ct or communicates with any prospectivebidder, bidder or contractor on behalf of the Authorities, he/she shall make it clear inany such contract or communication that he/she does so on behalf of the relevantAuthorities. .

12 Intellectual Property

12.1 All intellectual property in any material created by or on behalf of the Strategy shall

be owned joinlly by the Authorities and shall be available equally to each Authority.

12.2 Each Authority warrants that any intellectual property created by its officers for thepurposes of the Strategy will not infringe any third party's intellectual property rights.

'12.3 Each Authority shall indemnify each other Authority r-igainst any lo:,;s ari~ìng Oiit ofany dispute or proceedings brought liy a third party alleging infringement of itsintellectual property rights by iise of the first Authorily's intellectual property for thepurpose of the Strategy.

'12.4 Where exisliriø intellectual properly of an Authority has been used for the purposeof the Strate~iy, that Authority agrefJS that, if (he Strat0ÇjY does not proceed, it will ifrequested \\CI;;lìCO lhe other Au\hüTi\ies Dn cornrrlE:rciri\ \.(:l'IïI8 (10 be agrtJl~lI) 10 ii~ethat intellectLlal property for the purpose of its waste disposal functions.

13 Application of Sti'ategy Funding

13.1 The Authorities agree that all Strategy Funds received by an Authority shall be heldon trust for the Authorities and shall be expenclAd only in ac()ordanee with thø

instructions of the Joint Transportation Executive Committee.

13.2 The .Joint Transportation Executive Committee shall apply the funding only for thepurpose of the expenses of the .Joint Transportation Exec::uliv0 Coliimil.tAR and theProgramme Board, and for the furlherance of the Strategy

14 Cost Allocation

14.1 Whereas it is the inteiition of tiie Authorities that the costs incurred by theAuthorities in respect of the Strategy shall be met from the Strategy Funds, therewill be an initial period when the Strategy Costs exceed tlie Strategy Fundsreceived. During this period, the Authorities shall share the ç:osts reasonably

incurred by any Authority in furtherance of the Strategy in accordance with the

Strategy Costs Allocation Scheme set out in Schedule A

14.2 The Authorities shall share the costs reasonably incurred by a Lead Authority inrespect of any Procurement Phase of any Project in accordance with the

Procurement Costs Allocation Scheme set out in Schedule B.

14.3 The Programme Board shall recommend to the .Joint Transportation ExecutiveCommillee, and the Cominillee shall agree, a scheme for tlie allocation of the costsreasonably incurred by any Authority in respect of the Service Phase of anycontract, having regard to the principles set out in Schedule C to this Agreement.

1 i

15 Rcmediation andDispute Resolution

15.2

15.:\

15.4

~ I' ,.10.,)

15.6

15.7

15.8

115.1 Where an Authority is of the opinion that one or more of the other Authorities isfailing to comply with the provisions of this Agreement in respect of any malter towork together in good faith and in an open, co-operative and collaborative manner,the Authorities shall use their best endeavours to resolve any such matter amiCablywithout resort to the formal rèmediation and dispute resolution procedurés sel outbelow.

Notwithstanding Clause 15,1, above, at any time the Chief Executive of any

Authority ("the first Authority") may serve on tho Chief Ëxecutive of anyone of thoother Authorities a "Default Notice", alleging that that Authority ("the second

Authority") has failed to comply with its obligations under this Agreement, selling outany suggested remedial action and any damage which the first Authority has or islikely to suffer as Cl result of the alleged failure.

An Authorily ("tho t.econd Authority") in receipt of ;i Dof8ult Noticci :h::ill h::ive '1-1

clays within which to ¡wrvs on the Chief Executive of the nrst Authority c.l

"Counternolice", selling out in respect of every matter contained in the Default

Nolice, proposals for the reinediatiori of Ihe alleged failure and making good anyloss which the first Authority may have suffered or may suffer as a result of lhefailure, or the reasons why that alleged failuro is disputed.

Wi\liiri\4 lIay:; uf receipt of Cl C~iiin\i-irri()tico. the Chief EXE:culiVE: of \iir, first

Authority shall send to the Chief Executive of the second Authorfly a "Notice ofAcceptance" of any proposals contained in the Counternotlce in so far as thoseproposals are accepted by the first Authority, and may send a "Notice of Dispute" inso far as no proposal satisfactory to the first Authority is contained in theCounternolice, setting out in respect of each proposal which is not accepted by thefirst Authority why it is considered to be unacceptable.

Where any proposal in a CounternoUce is accepted \n a Notice 01 Acceptance, thesecond Authority shall implement that proposal.

Where any matter is contained in Cl Notice of Dispute remains unresolved, it shall

fall to be dealt with under the Disputes Procedure se! out in Clause 15.B to 15.11.

Each Aultiority serving any notice under this clause '15011 another shall send Cl copy

to the Head of Joint Transport, the Senior Responsible Officer and the Chief

Executives of all the other Authorities.

In the event of any dispule arising between the Authorities (including the service ofa Notice of Dispute), as a malleI' of urgency. the Authorities will first attempt to settlethe issue in dispute by referring the matter as follows:

.(a) Initially to a meeting of the Authority Lead Officers

(b) If the Authority Lead Officers fail to resolve the disputè to the JointTransporl Executive Committee

(c) If the Joint Transport Executive Committee fails to resolve the matter

to a meeting of the Leaders of the Authorlties.

15.9 If dispute is not resolved by siich means within 14 days of reference under Clauseis.B(e); the Authorities will attempt to settle the issue in dispute ("Dispute") by

mediation in accordance with the Centre for Dispute Resolution ("CEDR'')" Model

Mediation Procedure. or any other model mediation procedure as agreed by the

12

Authorities. To initiate a mediation, any Authårity may give notice in writing (a"Mediation Notice") to anyone or more of the others re'questing mediation of theDispute and shall send a copy thereof to CEDR or an equlvalent mediation

organisation as agreed by the Authorities, asking them to nominate a mediator. Themediation shall commence within twenty (20) Working Days of the Mediation Noticebeing served. If there is any point in respect of tne conduct of the mediation uponwhich the Authorities are unable to agree within ten (10) Working Days from thedate of the Mediation Notice, CEDR will, at the request of one of the Authorities,decide that point for the' Authorities, having consulted with them. The Authorities will

co-operate with any person appointed as mediator providing him with such

information and other assistance as he shall require and will pay his costs as he

shall determine or, in the nbsence of such determination, such costs will he sharedequally.

'15:10 NOM of the Authorities may commence any court proceedings in relation toany Dispute until they have attempted to settle it by mediation under ClalH;e 1 G. 9

nnçllòr rouch mediation has terminated. The AuthOïHies wll! take no further steps inthe COl irt proceedings until any suclì mediation comrnenGcd under Clause 15.8 ha"terminated. Nothing in this Clauso shall prevent an Authority from having recourseto a court nf competent Jurisdiction for the sole purpose of seeking a preJiminmyinjunction or such other provisional judicial relief as it considers necoGsary to ::ivoicl

irreparable dnmage.

\5.'\'\ \l \he Di~pule has ilOl \.loon re~o\"ed by the mediation procedure detailed inClause 15.9 within one (1) month of the initiation of such procedure, the Disputeshall be referred to the courts for resolution.

16 Withdrawnl, Independent Decision-Making and Indemnity for Consequeiices thereof

í 6.1 Each Authority acknowledges that, if it withdraws from this Agreement or from anyProjp.ct within the Local Transport Improvement Programme tha! withdrawal is likelyto cause loss of income and additional cost to the remaining Authorities including,but not limited to, the loss of funding from the Department for Transport and theloss of any econ.omies resulting from the joint working betvveelî the Authorities inthe implementation of Local Transport Improvements.

1 G.2 Any Aulliority may

(a) withdraw from this ArJreenient by ~J1ving notice in writing of itsiiitention to withdraw to each of the remaining Authorities. Such notice shall

be no less than twelve months' notice expiring at any lime.

(b) withdrciw from any Project by giving notice in writing of its intention towithdraw to each of the remaining Authorities. Such notice shall be no lesstlian three months' notice expiring at any time.

16.3 Similarly, each Authority acknowledges that if It takes any decision within thepowérs delegated to the Joint Transportation Executive Committee (an"Independent Decision"), such decision may cause loss to one or more of the otherAuthorities

16.4 Subject to Clause 16.5 and 16.6, each Authority agrees that in the event that it

gives notice of withdrawal to the other Authorities under Clause 16.2, or takes anIndependent Decision, it will use its reasonable endeavours to minimise, and will

indemnify the remaining Authorities against, any loss or additional expense whichsuch remaining Authorities may suffer as a result of its Independent Decision or

. withdrawal from this Agreemen! or Project.

13

16.5 Where an Authority takes an Independent Decision, it shall be liable to each of theother Authorities for any loss suffered by the remaining Authorities as aconsequence of the Independent Decision

16.6.1

'16.6 Where any Authority withdraws from this Agreement or from any Project--

16.6.2

'16.6.3

.1 ().ß.4

16.6.5

'IG.6.G

16.6./

16.6.8

The withdrawing. Authority shall remain liable to the remaining

Authorities for any proportion of any mlevant Strategy Fundsreceived l)y the withdrawing Authority after the date of wWidrciwal asset oiit in Schedule E hereto.

The withdrawing Authority shall remain liable to the remaining

Authorities to indemnify them against any loss of income (includingthe rcpi:iyment of any Strategy Funds) or increased or additionalcosts r.incl expennEl in accordance with the provisions set out inSchedule ß hereto.

Any obligations which the withdrawing Authority has enterud into tothe remaining Authorities in pursuance of any funding provided or lobø provided by tho Joint Trmisportalion Execulive Commillee for anyLocal Transport Improvement shall reim:iin in force

Tho obligations of each remaining Authority to c~c\i other in r(ò~pm~\

of the furtherance of the Strategy shall continue notwithstanding Ihewillidrawal from the Agreement by any Authority;

The Agreement shall remain in force in respect of any liability of thewithdrawing Authority to indemnify the other Authorities under thisClause 16 of the Agreement;

The Disputes Procedure sel out in Clause i 5 cif this Agreement shall

remain in force in respect of any of the matters arising from the

performance of or withdrawal of any AulhOíily under this l\grcemi:¡nt.

16.6. '1 Clause 17 of this Agreement (confidential information) shall

coiitinu8 without limit of lime and shall survive the lerminatioii of thisAgreement;

All parties will seek to minimise costs arising from any partywillidrawirig

17 Confidential Information

'17.'1 Subject to Clauses 19 the Authorities shall at all limes use their reasonableendeavours to keep confidenlìal and ensure that such informalìon is used only forthe purpose of the Strategy (and to procure that their respective employees agentsconsullants contractors and sub-contraclors shall keep confidential and shall usesuch information only for the purpose of the Stra.tegy) all Confidenlial Informationconcerning Ihe Strategy or the business and affairs of the other Authority whichmay now or at any time hereafter be in its possession and shall not disclose itexcept with the consent of Ihe other Authority, such consent not to be unreasonablywithheld, .

17.2 For the purpose of this Agreement "Confidenlial Information" means any information

imparted to either Authority or their employees agents consullanfs contractOfG orsub-contractors ("the Receiving p¡;;rty") which wns imparted 10 the Receiving Party

14

on the basis that it is to be kept confidential or would by Us nature normally beregarded as being confidential or to the knowledge of the Receiving Party was

. obtained by the other Authority on the basis that it was to be kept confidential or isof commercial value in relation to th~ Strategy but shall not include any informationwhich is for the time being in the public domain otherwise than by reason of itswrongful disclosure by the Receiving Party.

17.3 This Clause shall not prevent the disclosure of any Confidential Information relatingto the Strategy which is reasonably disclosed for. the furtherance of the Strategy orthe promotion of the Strategy provided that the Authority or person disclosing theinformation takes all steps that are commercially praclicable to preserve theconfidentíality of the information and shall not prevent the disclosure of anyConfidential Information where required by Inw.

1U Compliance with Laws

13.1 Tho Authorities shan at 011 times comply with all L¡:¡ws including but not1imi!cc! to theData Protection I\(;t 1995 und will. whem appropriate maintnìn a valid and lip todale rngistraUon or notification under slIch I.aws.

18.2 Each Authority shall indemnify and koep indemnified the other Aulhority ugainst all

losses, claims, damages, liabilities, costs and expenso (including reasonnlile legalcosts) incurred by the other Authority in respect of any breach of this Clmise by theAuthority ~ind/or any act or omi".~üolì of al\y employee. agent, C.01\'-\1\\311\, con\rac\oror sub-contractor.

18.3 Each Authority shall grant to the other Authority the right of reasonable access to all

records of Personal Data relevant to the Strategy, as defined in the Data ProtectionAct 1998. and shall provide reasonable assistance at all times during the cwrencyof this Agreement to ensure lhe quality and cecurity of data collected.

19 Freedom of Information Act 2000 and Environmental Information Regulations 2001\

19:1 Each /\uthority acknowledges t!i¡;;l the other At.ltiioritir:is cUI'! subject 10 therequirements of the Freedom of Information Act 2000 ("FolA") and theEnvironmentallnforniatîon Regulations 2004 ("EIR") ..md each Autliprily shall whererensonable assist and co-operate with the other Authorities (at their own expense)to enable eacli other Authority 10 comply with these informalion disclosure

obligations.

19.2 Where an Authority receives a request for information under either the Freedom ofinformation Act 2000 or the Environmental Information Regulations 2004 in relationto information which it is holding on behalf of any of the other Authority in relation tothe Strategy, it shall (and shall procure that its sup-contractors shall) refer the

request for information to the other Authorities as soon as practicable after receiptand in any event within two Working Days of receiving a request for information;

19.2 Any Authority notified of a request by any other Authority shall

'19.2.1 provide the other Authority with a copy of all Înfornic:ition iii itspossession or power in the form that the Authority reasonably

requires within ten Working Days (or such longer period 'as theAuthority may specify) of the Authority requesting that information;and

19.2.2 provide all necessary assistance as reasonably requested by theother Authority to enable that Authority 10 respond to the requestwithin the time for compliance set out in the FOJA or the EIR.

19.3 Where an Authorily receives a request for information under the Freedom ofInformation Act 2000 or the Environmental Information Regulations 2004 whichrelates to the Agreement or the Strategy, it shall inform th~ other Authorities of therequest for information as soon as practicable after receipt and in any event at leasttwo Working Days before disclosure êlnd shall use all reasonable endeavours toconsult with the other Authorities prior to disclosure and shall consider all

representations made by the other Authorities in relation to the decision whether ornot to disclose the informa1ion requested.

19.4 Each Authority shall be responsible for determining in its absolute discrelionwhether any information requested under the Freedom of Information Act 2004 orthe Environmental Information Regulations 2004:

'IUA.1 is o¡;einpt from disclosure undor the FOI/\ or the EIR;

19.4.2 is to be disclosed in response to a request for inforniatioii.

19.5 Each Authority acknowledges Owl the othor i\ulliorilios may b(.) obliged under lliø. FOIf\ or the r:ill to disclose inform8tiol1:

19.5.1 without consulting with the other Authorities where it Iias not beenpracticable to achieve such consultation; or

19.5.2 following consultation with the other Authorities and having takontheir views into account.

20 Sovoranco

20.1 If any condition, provision or Clause of this Agreement shall become or shall bedeclared by any court of competent jurisdiction to be void, invalid, illegal orunenforceable in any way. such invalidity or unenforceabìlity shall hi 110 way irnp.:iìror affect any other provision all of which shall remain in full force and effect.

21 Entire Agrcemont

21.1 This AfJreement constitutes tha entire agreement and understanding of the

Authorities and supersedes any previous agreement between the Authoritiesrelaling to (he subject matter of this Agreement.

22 Waiver

22.1 The failure to exercise or delay in exorcising a right or remedy provided by thisAgreement or by law does not constiluto a waiver of the right or remedy or a waiverof other rinhts or remedies.

22.2 A waiver of a breach of any of thE¡ terms of this Agreement or of a defaullunder thisAgreement does not constitute a waiver of any other breach or default and shall notaffect the other terms of this Agreement.

22.3 A waiver of a breach of any of the terms of this Agreement or of a default under thisAgreement will not prevent an Authority from subsequently requiring compliancewith Ihe w::iived obligation. .

'16

23 General

23.1 Nothing contained or implied herein shall prejudice or affect the Authorities' rightsand powers dulies and obligations in the exercise of their functions as localauthorities and/or in any other capacity and all rights powers discretions duties andobligatiof\s of the Authorities under all laws may at all times be fully and effectuallyexercised as if the Authorities were not party to this Agreement and as if thisAgreément had not been made.

23.2 The Authorities shall only represent themselves as being an agent partner oremployee of any of the other Authorities to the extent specified by this Agreementand shall not hold themselves out as such nor as having any power or authority toincur any obligation of any nature express or implied on behalf of any of the otherAuthorities except to the extent specified in this Agreement.

2:ì.3 This Agreement shall bè governed by and construed in accordance with EnglishLaw and shall bo subject to .Hiu oxclw,ivo jurisdiction of the Courts of F.ngl;ind :in(1Wales.

23A This Agreoment is personal to the Authorities and no authority 8hall assign transferor purport to assign or transfer to any other pi:irsons any of its rights or sub-contract;:iny of its obligations under this Agreement.

:n.5 t'ln person (11liOl than the Åulhuriiies shall be t:iitilleu 10 unfor(;o "liiy i:if its lërrnsunder the Contracts (Rights of Third Parties) Act 1999.

23.6 Any notice required or permitted to be given by an Authority to the other Authorityunder this Agreement shall be in writing and addressed to tho Chief Execulive ofthe other Authority at its principal office.

23.7 This Agreement may be executed in any number of counterparts, each of whichwhen executed shall constitute an original ot this Agreement, but all thecounterparts shall together constitute the same Agreement. No counterpart shall beeffective until e8Gh pt\rty ht\s exeçuted At le::ist nne counterparl and the A.greementhas been dated.

n.n Ameiidments to this Agreement ¡mmt be agreed in writing and signed by all theAuthorities.

'17

IN WITNESS hereof the parties hereto have executed this Agreement as a Deed the day and year

first writlcn

The Common Seal of Bath and North East Somerset Council was affixed hereto in the presence

of the undersjgned authorised signatory forand on behalf of Bath and North East Somerset

Council

~ ~ . .',.~. ,., ~ "" ~~.._ ~ , .~. .:.. .' _'. ....' . . _. ,., ."., v' , . . .~. -,., ; '" ~ "'. ~ '" .. '" .... ., ~ '. ....,.. .'_ ;.~: ~ ~." ._ ,'~ ,............./\ut!iorised SiQm1!-:.iry

The Common Seal of Bristol City Council was ëiflixod hereto in the presence of the uiidersifiried

milhori::iecl Giçinatory for rind on behalf of Bristol City Coiim~il

...... .........,...............................,...................,........,..........Authorised Signatory

The Common Seal of North Somerset Council was affixed hereto in the presence of the

undersigned aulliorh.md signatory for and on bohalfof North Somerset Council

...... ................'00 .,.... ,.............. ...... ....,.......... ............ ........ .Authorised Signatory

18

The Common Sea! of South Gloucestershire Council was, affixed hereto in the presence of the

undersigned authorised signatory for and on behalf of South Gloucestershire Council

.., .......... .... ......... ... ,.......,,;,......,..,~....... .............,..... ...... ......Authorised Signatory

iD

Schedule A

Strategy Cost Allocation

(Clause 14)

1 Until such time as the Strategy Costs can be met from the Strategy Funds, the Strategy

Costs shall be shared equally between the Authorities.

2 For this purpose the Strategy Costs shall comprise:

2,1 The salary and on-costs reasonably incurred by the Lead Âuthority in employingany officers specified for this purpose by the Programme Board.

2.2 The salary And on-costs reasonably incurred by the Authoritios in einployiwl andsupporting any officers specified for this purpose by the Programmo Ooard(including any officers of the Partnership) calculated pro rata in respecl of the Iim0which they actually spend working on the Strategy on behalf of the JointTransportation Executive Committee.

Î..3 "On costs" shall be calculated \1'1 ac.corrJanco w¡lh slandurd CtPF ¡\ best value

accounting practice

2.4 Costs incurred for the purposes of the Strategy on the instruction of the JointTransportation Executive Committee or the Programme Board, including, but notlimited to-

2.4.1 consultant's fccs~

2.4.2 advertising costs;

2.4.5 costs of hoiåing meetirig5 of ¡iie Joint Tn:Ul~púrla!íún Execu!íveCommittee and Prograimne Board; and

.3 For this purpose, the Strategy Costs shall not includo:

3. '1 The salary and on-costs incurred by the Authorities in employing any officer in so faras that officer actually spend lime working on the Strategy on behalf of theiremploying Authority.

3.2 The salary and on-costs incurred by any officer of any Authority whon not workingon the Strategy.

3.3 Costs incurred by any Authority in undertaking any remedial action arising under

Clause 15 of the Agreement.

"1 Each Authority shall be responsible for securing that any strategy Costs incurred by thatAuthority are notified to the Programme Board.

5 The Programme Board shall arrangè for-

5.1 Receipt of all notifications of claimed Strategy Costs and confirming that such Costs

have been properly incurred for the purpose of this Schedule.

20

5.2. Maintail1irig a record of all such accepted claims for Strategy Costs and calculating

on a quarterly basis any payment required from one Authority to the other toachieve the principle set out in Paragraph 1 above.

5.3 . Providing the Programme Board and each Authority with a monthly statement of

Procurement Cost expenditure against the budget approved for the ProcurementPhase of the Strategy by the Joint Transportation Executive Committee, including astatement of the payment ("Equalisation Payment") required to be made by eitherAuthority to achieve the principle set out in Paragraph 1 above.

6 Within 30 days of receipt of a statement from the Programme l30ard to the JointTransportation Executive Committee, each Authority shall make any Equalisation Paymentto the other Authority as set out in that statement. Such statements shall be sent monthly,or at such other intervals as may be agreed by the Proøramine Board

21

Schedule B

Procurement Cost Allocation

(Clause 14.2.)

1 The costs of undertaking the Procurement Phase of any Project shall be pooled and sharedbetween the Authorities involved in the Project in accordance with the percentages agreedin the Project Initiation Document.

In assessing the respective shares of tiie Authorities in respect to any Project regard shall

be had to ttie following

¡hc rc~;pcctive bcneflt to be clerìvod under the Project.

· where a Project is exclusively within and to the benefit of one Authority tll0tAuthority shall bear the full cost.

2 Procurement Costs Ð1mll comprise:

· Advisers' fees, expenses, disbursements and charges, (including as appropriateany tax payable in relation thereto) relating to the Procurement Phase;

o AdmInistration, advertising and publication costs relating to the Procurement Phase;

· The salary and on-costs Incurred by any Authority in employing any officers (otherthan the Lead Officer but including any seconded officers whether full or part time)on behalf of all of the Authorities in connecl\on with the Procurement Phase. whercsuch employment has been agreed by the Lead Officers;

o The costs of arranging or hosting meetings relating to the Procurement Phasc andcosts of other administrative arrangements relaíinfJ la the Pro(;urenient Phase;

o The administrative costs of termination ~nd Winding LIp of the Procurement Phase;

(together described as "Procurement Costs")."On costs" shall include. but not be limited to. Employers National Insurance, employers'pension contributions, costs of providing working tools. telephones. computers and ICTservices, hard'Nare, software and facilities, costs of providing office accommodation, traveland subsistence costs and redundancy. termination costs and payments made at the endof employment.

3 For this purpose. Ihe Procurement Costs shall not Îl)clude:

3.1 The salary and on-costs incurred by the Authorîties in employing any officer iri so faras that officer actually spend time working on the Project on behalf of theiremploying Authority.

3.2 The salary and on-costs incurred by any officer of any Authority when not workingon the Project.

4 Each Authority shall be responsible for securing that any Procurement Costs incurred bythat Authority are notified to the ~rogramme Board. Any Authority wishing to invoice theothers for Procurement Cos Is shall: .

22

co Maintain a record of all Procurement Costs incurred and calculate on a periodicbasis any payment required from the other Authorities to achieve the principle setout in paragraph 1 above.

G Provide the Authority Lead Officers with a periodic statement cif PrOGtirement Costexpenditure (set 'otit against any budgets approved from time to time by the LeadOfficers for the Procurement), including a statement of the payment ("EqualisationPayment") required to be made by the other Councils 10 achieve the principle setout in paragraph 1 above.

5 The Programme Board shall arrange for-.

5. .1 Receipt of all notifications of claimed Procurement Costs and confirming that suchCosts liave been properly incurred for the purpose of this Schedule.

5.2 MaintaIning a record of all such accepted claims for Procurement Costs and

calculating on :.i quarterly basis any payment required from one Authority to theuther io cidiìc'!c i1le principle set out in Paragraph 'f nbove.

G,3 Providing tliå Programme Bonrd and each Authority with a quarterly statement of. Procuremont Cost expenditure against the budget approved for the ProcurementStage of the Project by the Joint Transportalion Corninillee, including a statement ofthe payment ("Equalisation Payment") required 10 be made by the Authoritìes toachievo t1io llrinciple set out in Parnr¡rapli 1 .,boVG.

6 Wìthin 30 days of receipt of a quarterly statement from the Programme Board to the Joint

Transportation Executive Committee, each Authority shall make any EqualisationPayments to the other Authorities as set out in that statement.

i If an Authority disputes the amount or an Equalisation Payment it shall neverlhelol5s pay

the sum claimed and that paymenl shall not. be regarded as its agreement oracknowledgement that the umount claimed from it was correctly calculated. Any disputesshall be deal! with in accordance with Clause 15.

23

Schedule C

Service Cost Allocation

(Clause 14.3)

1 This Schedule .sets out the Principles upon which the Programme Board will develop and

recommend to the Joint Transportation Executive Committee for approval a scheme of. allocation of the costs incurred pr to be incurred by the Authorities in the course of theService Stago of any Project.

2 The Principles shall apply soparately 10 each Contract entered by each Authority or by Cl

Lead Aufhority on beha!r of tli(~ /\lI!!iori!Îcs in pun,uanc8 of l:.iny Proje:..:! as follows:

2..1 In assessinç¡ thE) respectivH shrires of the Authorities in respect to £lny Project

rogard shall be hnd to the following

" the respective benofit to be derived under the Project

" where Cl Project is exclusÌ\lely within and Iv the bene1il 0\ ono Aulhorily IhalAuthority shall bear the full cost.

2.2 Each Authority shall be directly responsible for any charges ímposed by theContractor in respect of that Authority's failure to accord with the provisions of theContract.

2..3 Ëach Authority shalt be entitled to receive and retain any payments made by the

Contractor under its Contract in respect of any loss suffered by that Authority as aresult of any failure by the Contractor to accord with the provisions of the Contract.

VVhere the Conlr,:.lGt has /)(:¡r.;¡¡ Anlp.r~1(1 into by ¡:¡ IH;,ld Auth(irHy, thai AulhOlity shall

ensure that any payments are pi:issec! on to tile affected Authorities promptly.

2.4 Subject to and in accorclÍ;ll1ce with the principles in clause 11\.1 and 14.2 eachauthority :;hall indemnify each other Authority in respect of, and pay to each otherAuthority upon demand, any loss suffered by that other AU1l10rity as a consequenceofy. lhe first Authority failing 10 comply with the terms of this Agreement,y. withdrawinfJ from this Agreement or any Project,

):0 taking an Independent Decision in respect of any malleI' misting to a Project.

2.5 Insofar as an Authority acls as a Lead Aulhority during tlie Sørvice Phase, then rl

will be reimbursed in the same manner as during the procurement phase, namely inaccordance with Schedule B. .

3 Any liability arising from a breach by an Authority of any Contract or this Agreement (as thecasEl may be) or any negligent act or omission in relation to such obligation shall be theresponsibility of the.defaulting Authority to the extent of such breach, however in the eventthat the responsibility is a shared one between the Authorities (so that it is not reasonablypracticable to ascertain the exact responsibility between the Authorities) or theresponsibility arises on a 110 fault basis then the responsibility shall be divided amongst theAuthorities in the same proportions as they contribute to the costs under'Schedule B above.

Schedule D

Protocòl

1. Each Authority shall act towards the other Authorities fairly and properly at all times inrelation to the Strategy and any Projects.

2. The Authorities will work together in good faith and in an open, co-operative andcollaborative manner for the duration of this Agreement.

3. The Authority members and officers will work together in the spirit of mutual trust in order toendeavour to procure the successful implementation. of the Strategy and any Projects andwill respond in a timely manner to all relevant requesls from the other Authorities.

A. The Lead Authority sl1'-1 11 , as far a3 practicable, ensure that tha o1her Authorities are fullyinformod and nble to accei;s infnrmnlìon as to the conduct of the Strategy and the Projects

5. The Authorities awoe that any advisory work that is specific to only one Authority shall becalled off by that Authority at tlieir own cost. unless agreed othorwise.

2

Schedule E

Liability on Early Termination

(Clause 16)

1 In the event that any Authority give notice to the other Authorities under Clmise 16 of this

Agreement, the withdrawing Authority shall indemnify the remaining Authorities inaccordance with the provisions of this Schedule.

2 The wilhdrawing Authority shall forthwith pay over to one of the remaining Authorities anymonies which it holds in trust for the Strotegy and/or Project(s).

3 The withdrawing Authority nhnll remain liable to 0.8(;11 of the roniaininri Ai.itlioritios kil tlìerelevant propoilion of any strategy Funds which il receives after tho date of its withdrawaL.

4 In the event that the withdrawing Authority at any time before the Strategy Expiry Date alter

or torminate any Charging Scheme, the withdrawing Authority shall remain liable to each oftho mmaining Autliorílies under Paragraph .1 hereof up to the Strategy Expiry Date as if theCharfJing Scheme had continuod without such ~iierali()n or termination.

5 Where the withdrawal of the withdrawing Authority causes any loss of income from theDepartment for Transport, (or triggers the requirement to repay any Strategy Funds) thewithdrawing Authority shall be liable to each of the remaining Authorities for any such lostincome or repayment.

a Where the withdrawal of the withdrawing Authority causes ¡he terminatlon of any jointarrangements for the provision of expertise in the imiileinenlation of Local TransportImprovements, the withdrawing Authority shall remain liable \0 each 01 the remainingAuthorities for any additional costs incurred by those remaining Authorities as aconsequence of that termination

7 The relevant proportion for the purpose of Paragraphs 3 t1Iid 4 above shall be theproportion which the population ol that remaining authority bears to the aggregate of thepopulations of all the Authorities at the date of the notice of withdrawal

8 For the nvoiclaiice of doubt, the 'indemnity shall include

a) a reasonable contribution towards development and project costs (including feesand charges) incurred in the preparation of the Strategy and the L.ocal TransportImprovements Programme (and in individual Projects),

b) lost opportunity costs,

c) !Iie financial implications of withdrawal of any Strategy Funds (in whole or in part)

and

cl) abortive internal costs of the remaiiiiiig Autliorities (including any special L.ead

Authority costs and expenses) and

e) abortive costs and expenses of the West of England Partnership.

3

Schedule F

The Constitution

4

Schedule OneRoute Alignments

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