Common use of Lead Authority Clause in Contracts

Lead Authority. 9.1 Denbighshire County Council is appointed from the date of this Agreement as the Lead Authority for the purposes mentioned in paragraphs 9.3 to 9.11 below 9.2 The role of the Lead Authority shall be exercised subject to the approval of the Joint Committee and shall be as follows:- 9.2.1 to undertake the duties and responsibilities of the Lead Authority referred to in the Agreement 9.2.2 to act on behalf of the Joint Committee when this achieves Best Value or adds value to the attainment of the Objectives or the performance of the Functions or when it is necessary or desirable to do so in order to attract or secure external funding or other resources from outside the Authorities and/or; 9.2.3 to make and provide all appropriate banking accounting and audit arrangements and services required for the due and proper receipt, holding and application of the Joint Committee’s funds and/or; 9.2.4 to be the legal point of contact with suppliers for all joint procurements and/or; 9.2.5 subject to paragraph 5.6, to provide such administrative resources as shall be reasonably necessary to enable the Joint Committee to discharge their respective roles, duties and functions and which are not otherwise provided for under this Agreement. 9.2.6 to provide the secretariat for any relevant meetings of the Associated Bodies. 9.3 Each of the other Authorities shall (and hereby duly undertake with the Lead Authority to) indemnify the Lead Authority against and/or contribute and pay in equal shares all or any liabilities claims costs and/or expenses of or reasonably incurred by the Lead Authority in or in connection with or in the course of or as a result of:- 9.3.1 performing or discharging its roles and/or responsibilities in paragraph 9.2 of this Agreement as the Lead Authority: and/or 9.3.2 undertaking any contract or commitment on behalf of the Joint Committee for the purposes of or pursuant to this Agreement contrary to proper local government practice or local government law or substantial or persistent failure (after due notice) to redress performance of the duties of the Lead Authority which shall not comply with the requirements or the standards of or set by this Agreement 9.4 The Lead Authority shall owe no duty of care to the other Authorities and have no liability or responsibility in respect of or in relation to the performance or discharge of (or omission to perform or discharge) any role or function referred to in Clause 9.2 the discharge or exercise of which requires the approval of the Joint Committee (save to the extent that such role or function is discharged or exercised by the Lead Authority negligently or in a manner known to the Lead Authority to be contrary to proper local government practice or local government law) or which is otherwise carried out or to be carried out in the manner requested or required by, (or which is omitted to be performed on the instruction or request of) the Joint Committee. 9.5 The Lead Authority shall owe no duty of care to the other Authorities or any of them (whether in contract or in tort) in respect of the roles and responsibilities of the Joint Committee. 9.6 The Lead Authority shall cease to act as Lead Authority if so required by notices in writing given to the Lead Authority by a simple majority of the Authorities and expiring at the end of any financial year. In the event that the Lead Authority shall cease to act, the Authorities shall refer the decision on appointment of the Lead Authority back to their respective Cabinets or Executive Board. 9.7 Any documentation held by the Lead Authority which remains relevant after it has ceased to act as such shall (on the request of the new Lead Authority or the Joint Committee) be handed over or copied to the new Lead Authority or the Joint Committee 9.8 The Authorities agree that the Lead Authority shall be entitled to call on the funds of the Joint Committee to pay any redundancy or other lawful claim arising in respect of the termination of the employment of any officer wholly or mainly employed by the Lead Authority for the purposes of carrying out this Agreement PROVIDED THAT the Lead Authority shall FIRST consult with the Joint Committee, such consultation to include discussion on any suitable alternative employment for the officer concerned. The Authorities recognise that TUPE may apply and in any event will adhere to the principles of TUPE in relation to those affected staff. 9.9 If the funds of the Joint Committee shall not be sufficient to meet the loss, costs or damages incurred by or claims against the Lead Authority the other Authorities shall each indemnify the Lead Authority in equal shares against the amount incurred by or claimed against the Lead Authority (to the intent that the Lead Authority shall likewise be liable for such an equal share)

Lead Authority. 9.1 Denbighshire County Council is (i) A Lead Authority may be appointed from by the date unanimous agreement of this Agreement the Cabinet/Executive Members of the Joint Committee to carry out any or all of the following functions and activities :- (a) to acquire and hold land buildings plant and equipment at the direction and for the use of the Joint Committee; (b) to insure and keep insured any land and buildings (including any additions or extension thereto) and any plant and equipment held at the direction and for the use of the Joint Committee in full re- instatement value with an insurer of good repute (c) to put and keep on foot such other insurances including public and employers liability insurance covering such insured risks, levels of cover and excesses as the Joint Committee acting reasonably consider prudent ; (d) Subject to being fully and effectually indemnified by the other participating Councils, to appoint existing staff or where agreed, to employ and remunerate additional staff at the direction and for the use of the Joint Committee, including the appointment or employment of the following Office Holders to provide administrative financial and technical support to the Joint Committee :- • The Secretary; • The Treasurer; and • The Chief Technical Waste Officer. (e) without prejudice to the generality of the foregoing to, provide or secure the provision of banking accountancy and audit facilities for the Joint Committee in accordance with best practice for the public sector and to provide or secure the provision of legal advice; (f) at the direction and for the use of the Joint Committee to enter into contracts and agreements for works supplies and services; and (g) to conduct Best Value reviews and compile and publish any statistics or local or national performance indicators as the Lead Authority for the purposes mentioned in paragraphs 9.3 may be required by law to 9.11 below 9.2 The role of the Lead Authority shall be exercised subject to the approval of the Joint Committee and shall be as follows:- 9.2.1 to undertake the duties and responsibilities of the Lead Authority referred to in the Agreement 9.2.2 to act on behalf of the Joint Committee when this achieves Best Value compile or adds value to the attainment of the Objectives or the performance of the Functions or when it is necessary or desirable to do so in order to attract or secure external funding or other resources from outside the Authorities and/or; 9.2.3 to make and provide all appropriate banking accounting and audit arrangements and services required for the due and proper receipt, holding and application of the Joint Committee’s funds and/or; 9.2.4 to be the legal point of contact with suppliers for all joint procurements and/or; 9.2.5 subject to paragraph 5.6, to provide such administrative resources as shall be reasonably necessary to enable the Joint Committee to discharge their respective roles, duties and functions and which are not otherwise provided for under this Agreement. 9.2.6 to provide the secretariat for any relevant meetings of the Associated Bodies. 9.3 Each of the other Authorities shall (and hereby duly undertake with the Lead Authority to) indemnify the Lead Authority against and/or contribute and pay in equal shares all or any liabilities claims costs and/or expenses of or reasonably incurred by the Lead Authority in or publish in connection with or in the course of or as a result of:- 9.3.1 performing or discharging its roles and/or responsibilities in paragraph 9.2 of this Agreement as the Lead Authority: and/or 9.3.2 undertaking any contract or commitment functions discharged for an on behalf of the Joint Committee for the purposes of or pursuant to this Agreement contrary to proper local government practice or local government law or substantial or persistent failure (after due notice) to redress performance of the duties of the Lead Authority which shall not comply with the requirements or the standards of or set by this Agreement 9.4 The Lead Authority shall owe no duty of care to the other Authorities and have no liability or responsibility in respect of or in relation to the performance or discharge of (or omission to perform or discharge) any role or function referred to in Clause 9.2 the discharge or exercise of which requires the approval of the Joint Committee (save to the extent that such role or function is discharged or exercised by the Lead Authority negligently or in a manner known to the Lead Authority to be contrary to proper local government practice or local government law) or which is otherwise carried out or to be carried out in the manner requested or required by, (or which is omitted to be performed on the instruction or request of) the Joint Committee. 9.5 The Lead Authority shall owe no duty of care to the other Authorities or any of them (whether in contract or in tort) in respect of the roles and responsibilities of the Joint Committee. 9.6 The (ii) Where a Lead Authority shall cease to act as Lead Authority if so required by notices in writing given to the Lead Authority by a simple majority of the Authorities enters into agreements or contracts for works supplies and expiring services at the end of any financial year. In direction and for the event that the Lead Authority shall cease to act, the Authorities shall refer the decision on appointment of the Lead Authority back to their respective Cabinets or Executive Board. 9.7 Any documentation held by the Lead Authority which remains relevant after it has ceased to act as such shall (on the request of the new Lead Authority or the Joint Committee) be handed over or copied to the new Lead Authority or the Joint Committee 9.8 The Authorities agree that the Lead Authority shall be entitled to call on the funds use of the Joint Committee it shall utilise and comply with its own procurement and audit procedures, including its adopted Contract and Financial Procedure Rules subject only to pay any redundancy reference therein requiring officers to report to or other lawful claim arising in respect obtain the approval or consent of the termination of Council or the employment of any officer wholly or mainly employed by the Lead Authority for the purposes of carrying out this Agreement PROVIDED THAT the Lead Authority shall FIRST consult with Cabinet/Executive being construed as if it were a reference to the Joint Committee, such consultation to include discussion on any suitable alternative employment for the officer concerned. The Authorities recognise that TUPE may apply and in any event will adhere to the principles of TUPE in relation to those affected staff. 9.9 If the funds of the Joint Committee shall not be sufficient to meet the loss, costs or damages incurred by or claims against the Lead Authority the other Authorities shall each indemnify the Lead Authority in equal shares against the amount incurred by or claimed against the Lead Authority (to the intent that the Lead Authority shall likewise be liable for such an equal share)