Common use of HOST COUNCIL Clause in Contracts

HOST COUNCIL. 7.1 The Constituent Authorities have agreed, with effect from the Commencement Date, that [insert name of Host Council] will be the Host Council for the Pooling Collaboration which shall be carried out for and on behalf of itself and the Constituent Authorities and [insert name of Host Council] agrees to act in that capacity subject to and in accordance with and to the extent provided for by the terms of this Agreement. For the avoidance of doubt the role of Host Council includes:- (a) to act as the employing authority for any staff engaged in the discharge of the Pooling Collaboration’s functions (appointing, employing or accepting the secondment of staff) in accordance with this Agreement; (b) being the point of contact for the purposes of managing the Pooling Collaboration; (c) providing such administrative resources and facilities that may be necessary for the purpose of discharging the Pooling Collaboration and hold all Pooling Contributions; (d) providing such governance and administrative services that may be necessary for the purpose of supporting the Pooling Collaboration including arranging and clerking of meetings; (e) providing training for Members to support their role on the Joint Governance Committee in line with the training plan and in accordance with clause 3.7. (f) provide appropriately qualified and experienced officers who will act as the primary legal and financial advisers to the Pooling Collaboration; [Note: we would envisage that these functions are retained for management by the Joint Governance Committee, but please provide any views on this] (g) for the purposes of the Pooling Collaboration require their Section 151 Officer and Monitoring Officer (or their substitutes) to undertake oversight and review of the operation of the Pooling Collaboration and decisions of the Joint Governance Committee on behalf of all of the Constituent Authorities; [For your consideration] (h) power to enter into contracts for supplies and services as required for the purposes of the Pooling Collaboration; (i) liaise with the Operator on behalf of the Constituent Authorities in the manner and to the extent set out in the Contract Management, Co-ordination and Liaison with the Operator policy and procedure to be approved in accordance with Schedule 5 and to provide any contract management and co-ordination services for the purposes of the Pooling Collaboration set out in that policy and procedure. 7.2 [For the avoidance of doubt the duties and responsibilities of the Host Council pursuant to this Agreement shall only bind the Host Council to the extent that they have been resourced by the Constituent Authorities through this Agreement.] 7.3 Save and except where otherwise required by law all staff employed by the Host Council pursuant to this Agreement shall be employed on the Host Council’s relevant terms and conditions of employment and related staff policies including salary structures. 7.4 A replacement Host Council may be appointed by a majority decision of the Constituent Authorities provided that the [current Host Council and] the replacement Host Council agrees. 7.5 If the Host Council withdraws from the Pooling Collaboration pursuant to clause 21 (Voluntary Exit) or clause 22 (Compulsory Exit) then a replacement Host Council will be appointed by a majority decision of the Constituent Authorities provided that the replacement Host Council agrees. The withdrawing Host Council will not have the right to vote in regard to any such appointment. 7.6 Where TUPE applies in connection with the appointment of any replacement Host Council, then the Constituent Authorities shall comply with the provisions of Schedule 7. 7.7 For the duration of this Agreement, the Host Council shall act diligently and in good faith in all its dealings with the other Constituent Authorities. 7.8 For the duration of this Agreement, the Constituent Authorities shall act diligently and in good faith in all their dealings with the Host Council and shall use their reasonable endeavours to assist the Host Council to support the Pooling Collaboration.

HOST COUNCIL. 7.1 6.1 The Constituent Authorities Pooling Partners (acting severally) have agreed, with effect from the Commencement Date, that [insert name of Host Council] Tameside Metropolitan Borough Council will be the Host Council for the Pooling Collaboration which shall be carried out for and on behalf of itself and the Constituent Authorities Pooling Partners and [insert name of Host Council] Tameside Metropolitan Borough Council agrees to act in that capacity subject to and in accordance with and to the extent provided for by the terms of this Agreement. For the avoidance of doubt the role of Host Council Council, unless otherwise agreed by the Joint Governance Committee, includes:- (a) to act as the employing authority for any staff engaged in the discharge of the Pooling Collaboration’s functions (appointing, employing or accepting the secondment of staff) in accordance with this Agreement; (b) being the point of contact for the purposes of managing the Pooling Collaboration; (c) providing such administrative resources and facilities that may be necessary for the purpose of discharging the Pooling Collaboration and hold all Pooling Contributions; (d) providing such governance and administrative services that may be necessary for the purpose of supporting the Pooling Collaboration including arranging and clerking of meetings; (e) providing training for Members to support their role on the Joint Governance Committee in line with the training plan and in accordance with clause 3.7. (f) provide appropriately qualified and experienced officers who will act as the primary legal and financial advisers to the Pooling Collaboration; [Note: we would envisage that these functions are retained for management by the Joint Governance Committee, but please provide any views on this] (g) for the purposes of the Pooling Collaboration require their Section 151 Officer and Monitoring Officer (or in their substitutesabsence their deputies) to undertake oversight and review of the operation of the Pooling Collaboration and decisions of the Joint Governance Committee on behalf of all of the Constituent Authorities; [For your consideration]Pooling Partners; (hg) power to enter into contracts for supplies and services as required for the purposes of the Pooling Collaboration; (i) liaise with the Operator on behalf of the Constituent Authorities in the manner and to the extent set out in the Contract Management, Co-ordination and Liaison with the Operator policy and procedure to be approved in accordance with Schedule 5 and to provide any contract management and co-ordination services for the purposes of the Pooling Collaboration set out in that policy and procedure. 7.2 [6.2 For the avoidance of doubt the duties and responsibilities of the Host Council pursuant to this Agreement shall only bind the Host Council to the extent that they have been resourced by the Constituent Authorities Pooling Partners through this Agreement.] 7.3 6.3 Save and except where otherwise required by law all staff employed by the Host Council pursuant to this Agreement shall be employed on the Host Council’s relevant terms and conditions of employment and related staff policies including salary structures. 7.4 6.4 A replacement Host Council may be appointed by a majority decision of the Constituent Authorities Pooling Partners provided that the [current Host Council and] the replacement Host Council agrees. 7.5 6.5 If the Host Council withdraws from the Pooling Collaboration pursuant to clause 21 19 (Voluntary Exit) or clause 22 20 (Compulsory Exit) then a replacement Host Council will be appointed by a majority decision of the Constituent Authorities provided that the replacement Host Council agrees. The withdrawing Host Council will not have the right to vote in regard to any such appointment. 7.6 6.6 Where a replacement Host Council is appointed pursuant to Clause 6.4 or 6.5 above, any reference to Tameside Metropolitan Borough Council (in its capacity as the initial Host Council) shall be read with reference to the replacement Host Council from the effective date of the replacement. 6.7 Where TUPE applies in connection with the appointment of any replacement Host Council, then the Constituent Authorities Pooling Partners shall comply with the provisions of Schedule 75. 7.7 6.8 For the duration of this Agreement, the Host Council shall act diligently and in good faith in all its dealings with the other Constituent AuthoritiesPooling Partners. 7.8 6.9 For the duration of this Agreement, the Constituent Authorities Pooling Partners shall act diligently and in good faith in all their dealings with the Host Council and shall use their reasonable endeavours to assist the Host Council to support the Pooling Collaboration.

HOST COUNCIL. 7.1 The Constituent Authorities have agreed, with effect from the Commencement Date, that [insert name of Host Council] will be the Host Council for the Pooling Collaboration which shall be carried out for and on behalf of itself and the Constituent Authorities and [insert name of Host Council] agrees to act in that capacity subject to and in accordance with and to the extent provided for by the terms of this Agreement. For the avoidance of doubt the role of Host Council includes:- (a) to act as the employing authority for any staff engaged in the discharge of the Pooling Collaboration’s functions (appointing, employing or accepting the secondment of staff) in accordance with this Agreement; (b) being the legal point of contact for the purposes of managing the Pooling Collaboration; (c) providing such administrative resources and facilities that may be necessary for the purpose of discharging the Pooling Collaboration and hold all [Pooling Contributions]; (d) providing such governance and administrative services that may be necessary for the purpose of supporting the Pooling Collaboration including arranging and clerking of meetingsCollaboration; (e) providing training for Members to support their role on the Joint Governance Committee in line with the training plan and in accordance with clause 3.7agreed by the OWG. (f) provide appropriately qualified and experienced officers who will act as the primary legal and financial advisers to the Pooling Collaboration,; [Note: we would envisage that these functions are retained for management by the Joint Governance Committee, but please provide any views on this] we (g) for the purposes of the Pooling Collaboration require their Section 151 Officer and Monitoring Officer (or their substitutesdeputies) to undertake oversight and review of the operation of the Pooling Collaboration and decisions of the Joint Governance Committee on behalf of all of the Constituent Authorities; [For your consideration] (h) power to enter into contracts for supplies and services as required for the purposes of the Pooling Collaboration; (i) liaise with the Operator on behalf of the Constituent Authorities in the manner and to the extent set out in the Contract Management, Co-ordination and Liaison with the Operator policy and procedure to be approved in accordance with Schedule 5 and to provide any contract management and co-ordination services for the purposes of the Pooling Collaboration set out in that policy and procedure. 7.2 [For the avoidance of doubt the duties and responsibilities of the Host Council pursuant to this Agreement shall only bind the Host Council to the extent that they have been resourced by the Constituent Authorities through this Agreement.] 7.3 Save and except where otherwise required by law all staff employed by the Host Council pursuant to this Agreement shall be employed on the Host Council’s relevant terms and conditions of employment and related staff policies including salary structures. 7.4 A replacement Host Council may be appointed by a majority decision of the Constituent Authorities provided that the [current Host Council and] the replacement Host Council agrees. 7.5 If the Host Council withdraws from the Pooling Collaboration pursuant to clause 21 (Voluntary Exit) or clause 22 (Compulsory Exit) then a replacement Host Council will be appointed by a majority decision of the Constituent Authorities provided that the replacement Host Council agrees. The withdrawing Host Council will not have the right to vote in regard to any such appointment. 7.6 Where TUPE applies in connection with to the appointment of any replacement Host Council, then the Constituent Authorities shall comply with the provisions of Schedule 7. 7.7 For the duration of this Agreement, the Host Council shall act diligently and in good faith in all its dealings with the other Constituent Authorities. 7.8 For the duration of this Agreement, the Constituent Authorities shall act diligently and in good faith in all their dealings with the Host Council and shall use their reasonable endeavours to assist the Host Council to support the Pooling Collaboration.

HOST COUNCIL. 7.1 The Constituent Authorities (acting severally) have agreed, with effect from the Commencement Date, that [insert name of Host Council] Carmarthenshire County Council will be the Host Council for the Pooling Collaboration which shall be carried out for and on behalf of itself and the Constituent Authorities and [insert name of Host Council] Carmarthenshire County Council agrees to act in that capacity subject to and in accordance with and to the extent provided for by the terms of this Agreement. For the avoidance of doubt the role of Host Council includes:- (a) to act as the employing authority for any staff engaged in the discharge of the Pooling Collaboration’s functions (appointing, employing or accepting the secondment of staff) in accordance with this Agreement; (b) being the point of contact for the purposes of managing the Pooling Collaboration; (c) providing such administrative resources and facilities that may be necessary for the purpose of discharging the Pooling Collaboration and hold all Pooling Contributions; (d) providing such governance and administrative services that may be necessary for the purpose of supporting the Pooling Collaboration including arranging and clerking of meetings; (e) providing training for Members to support their role on the Joint Governance Committee in line with the training plan and in accordance with clause 3.7. (f) provide appropriately qualified and experienced officers who will act as the primary legal and financial advisers to the Pooling Collaboration; [Note: we would envisage that these functions are retained for management by the Joint Governance Committee, but please provide any views on this] ; (g) for the purposes of the Pooling Collaboration require their Section 151 Officer and Monitoring Officer (or in their substitutesabsence their deputies) to undertake oversight and review of the operation of the Pooling Collaboration and decisions of the Joint Governance Committee on behalf of all of the Constituent Authorities; [For your consideration]; (h) power to enter into contracts for supplies and services as required for the purposes of the Pooling CollaborationCollaboration (save for entry into the Operator Contract which is governed by other provisions of this Agreement); (i) liaise with the Operator on behalf of the Constituent Authorities pursuant to the terms of the Operator Contract and in the manner and to the extent set out in the Contract Management, Co-ordination and Liaison with the Operator policy and procedure to be approved in accordance with Schedule 5 and to provide any contract management and co-ordination services for the purposes of the Pooling Collaboration set out in that policy and procedure. 7.2 [For the avoidance of doubt the duties and responsibilities of the Host Council pursuant to this Agreement shall only bind the Host Council to the extent that they have been resourced by the Constituent Authorities through this Agreement.] 7.3 Save and except where otherwise required by law all staff employed by the Host Council pursuant to this Agreement shall be employed on the Host Council’s relevant terms and conditions of employment and related staff policies including salary structures. 7.4 A replacement Host Council may be appointed by a majority decision of the Constituent Authorities provided that the [current Host Council and] the replacement Host Council agrees. 7.5 If the Host Council withdraws from the Pooling Collaboration pursuant to clause 21 (Voluntary Exit) or clause 22 (Compulsory Exit) then a replacement Host Council will be appointed by a majority decision of the Constituent Authorities provided that the replacement Host Council agrees. The withdrawing Host Council will not have the right to vote in regard to any such appointment. 7.6 Where a replacement Host Council is appointed pursuant to Clause 7.4 or 7.5 above, any reference to Carmarthenshire County Council (in its capacity as the initial Host Council) shall be read with reference to the replacement Host Council from the effective date of the replacement. 7.7 Where TUPE applies in connection with the appointment of any replacement Host Council, then the Constituent Authorities shall comply with the provisions of Schedule 7. 7.7 7.8 For the duration of this Agreement, the Host Council shall act diligently and in good faith in all its dealings with the other Constituent Authorities. 7.8 7.9 For the duration of this Agreement, the Constituent Authorities shall act diligently and in good faith in all their dealings with the Host Council and shall use their reasonable endeavours to assist the Host Council to support the Pooling Collaboration.

HOST COUNCIL. 7.1 The Constituent Authorities (acting severally) have agreed, with effect from the Commencement Date, that [insert name of Host Council] Carmarthenshire County Council will be the Host Council for the Pooling Collaboration which shall be carried out for and on behalf of itself and the Constituent Authorities and [insert name of Host Council] Carmarthenshire County Council agrees to act in that capacity subject to and in accordance with and to the extent provided for by the terms of this Agreement. For the avoidance of doubt the role of Host Council includes:- (a) to act as the employing authority for any staff engaged in the discharge of the Pooling Collaboration’s functions (appointing, employing or accepting the secondment of staff) in accordance with this Agreement; (b) being the point of contact for the purposes of managing the Pooling Collaboration; (c) providing such administrative resources and facilities that may be necessary for the purpose of discharging the Pooling Collaboration and hold all Pooling Contributions; (d) providing such governance and administrative services that may be necessary for the purpose of supporting the Pooling Collaboration including arranging and clerking of meetings; (e) providing training for Members to support their role on the Joint Governance Committee in line with the training plan and in accordance with clause 3.7. (f) provide appropriately qualified and experienced officers who will act as the primary legal and financial advisers to the Pooling Collaboration; [Note: we would envisage that these functions are retained for management by the Joint Governance Committee, but please provide any views on this] ; (g) for the purposes of the Pooling Collaboration require their Section 151 Officer and Monitoring Officer (or in their substitutesabsence their deputies) to undertake oversight and review of the operation of the Pooling Collaboration and decisions of the Joint Governance Committee on behalf of all of the Constituent Authorities; [For your consideration]; (h) power to enter into contracts for supplies and services as required for the purposes of the Pooling Collaboration; (i) liaise with the Operator on behalf of the Constituent Authorities pursuant to the terms of the Operator Contract and in the manner and to the extent set out in the Contract Management, Co-ordination and Liaison with the Operator policy and procedure to be approved in accordance with Schedule 5 and to provide any contract management and co-ordination services for the purposes of the Pooling Collaboration set out in that policy and procedure. 7.2 [For the avoidance of doubt the duties and responsibilities of the Host Council pursuant to this Agreement shall only bind the Host Council to the extent that they have been resourced by the Constituent Authorities through this Agreement.] 7.3 Save and except where otherwise required by law all staff employed by the Host Council pursuant to this Agreement shall be employed on the Host Council’s relevant terms and conditions of employment and related staff policies including salary structures. 7.4 A replacement Host Council may be appointed by a majority decision of the Constituent Authorities provided that the [current Host Council and] the replacement Host Council agrees. 7.5 If the Host Council withdraws from the Pooling Collaboration pursuant to clause 21 (Voluntary Exit) or clause 22 (Compulsory Exit) then a replacement Host Council will be appointed by a majority decision of the Constituent Authorities provided that the replacement Host Council agrees. The withdrawing Host Council will not have the right to vote in regard to any such appointment. 7.6 Where a replacement Host Council is appointed pursuant to Clause 7.4 or 7.5 above, any reference to Carmarthenshire County Council (in its capacity as the initial Host Council) shall be read with reference to the replacement Host Council from the effective date of the replacement. 7.7 Where TUPE applies in connection with the appointment of any replacement Host Council, then the Constituent Authorities shall comply with the provisions of Schedule 7. 7.7 7.8 For the duration of this Agreement, the Host Council shall act diligently and in good faith in all its dealings with the other Constituent Authorities. 7.8 7.9 For the duration of this Agreement, the Constituent Authorities shall act diligently and in good faith in all their dealings with the Host Council and shall use their reasonable endeavours to assist the Host Council to support the Pooling Collaboration.