+DATED
TRANSPORT ACT 2000 AS AMENDED
VOLUNTARY PARTNERSHIP AGREEMENT
VOLUNTARY PARTNERSHIP AGREEMENT between Cheshire West and Chester Borough Council (1) Arriva (2) and
First (3) in relation to the Blacon Pointer Arrangement
S Goacher
Head of Legal Services
Cheshire West and Chester Borough Council
HQ Building 58 Nicholas Street
Chester CH1 2NP
VOLUNTARY PARTNERSHIP AGREEMENT
CHESHIRE WEST AND CHESTER BOROUGH COUNCIL (“the Council”)(1) ARRIVA Cymru Limited(“Arriva”)(2) FIRSTPotteries Limited (“First”)(3), collectively “the Partners”
VOLUNTARY PARTNERSHIP AGREEMENT (hereafter this “Agreement”)
1.1This Agreement is entered into pursuant to the Transport Act 2000 as amended by the Local Transport Act 2008 which provides powers for Partners to enter into a Voluntary Partnership Agreement defined in the 2000 Act as any voluntary agreement under which in relation to the provision of local transport services :
• a local transport authority, or two or more local transport authorities, undertake to provide particular facilities, or to do anything else for the purpose of bringing benefits to persons using local services, within the whole or part of their area, or combined area, and
• one or more operators of local services undertake to provide services of a particular standard.
The Partners intend and believe that this Agreement is an exempt VMA for the purpose of paragraph 22 of Schedule 10 of the Transport Act 2000 (exempt agreements) and accordingly that it should be exempt from the prohibition at paragraph 20 of Schedule 10 of the Transport Act 2000.
1.2 The Council is the Local Transport Authority for the administrative area of Cheshire West and Chester and Arriva and First are companies operating in the area of the Council providing local bus services to the public. The Partners have agreed to enter into this Voluntary Partnership Agreement to improve and facilitate the local bus services operating between Chester City Centre and Blacon as defined in this Memorandum. This Agreement defines what each Partner shall contribute and demonstrates how the agreed joint operation and shared objectives will provide a public benefit which outweighs any reduction in competition between the Partners.
1.3The Partners acknowledge that the arrangement is voluntary but agree to fully co-operate with each other in the spirit of collaboration to achieve the aims of the Agreement. The duties of collaboration which each Partner agrees to have towards the other Partners are set out in the First Schedule to this Agreement.
1.4This Agreement is signed by the Partners as evidence of their commitment to collaboration.
1.5Each Partner acknowledges that it is bound by its own Standing Orders, Financial Regulations and Contract Rules and is responsible for reconciling any recommendations of the Agreement with its own powers and procedures.
1.6For the avoidance of doubt this Agreement is not intended to create a legal partnership between the Partners pursuant to the Partnership Act 1890, the Limited Partnerships Act 1907 the Limited Liability Partnership Act 2000 or otherwise.
1.7This Agreement shall be known as The Blacon Pointer VPA.
THIS AGREEMENT is made on the day of 2010
BETWEEN
1.CHESHIRE WEST AND CHESTER BOROUGH COUNCIL of HQ Building 58 Nicholas StreetChesterCH1 2NP (the “Council”)
2.ARRIVA Cymru Limited ofAdmiral Way, DoxfordInternationalBusinessPark, Sunderland SR3 3XP (“Arriva”)
3.FIRST Potteries Limited of Dividy Road, Adderley Green, Stoke ST3 5YY(”First”)
WHEREAS
1.Arriva and First operate local bus services between Chester City Centre, Blacon and Saughall as defined in the first paragraph of the Second Schedule (the “Services”). Currently, between the two operators there are 36 buses an hour. The Partners recognise that the provision of the Services at this level is inefficient and unsustainable. The Partners wish to use statutory powers to implement the Agreement to achieve the following bus improvement objectives:
- Securing improvements in the quality of vehicles or facilities used for or in connection with the provision of local services
- Securing other improvements in local services of benefit to users of local services and
- Reducing or limiting traffic congestion, noise and air pollution.
The intention of the Partners is to achieve all 3 of the above by securing a sustainable service between Blacon –Chester- Saughall; improving signage, bus stops and the types of buses used, and operating the service using a sustainable level of resources.
Within 5 working days of the entering into of this agreement Arriva and First will each make the necessary formal applications to de-register and/or re-register services such that immediately prior to the Commencement Date they are registered to jointly operate the Services at the frequencies listed in the paragraph headed “Bus Service Frequencies” in the Second Schedule hereto.
2.Each Partner shall be responsible for obtaining any necessary consents/delegated powers to enable its appointed representatives to take such action as is deemed appropriate in connection with the Agreement.
3.The Partners have agreed to contribute to the Arrangement in accordance with the obligations set out in the Second Schedule to this Agreement.
4.The Partners agree that the Arrangement shall commence, unless the Partners agree otherwise in writing, on the date being 9 weeks after the entering into and dating of this agreement (thus allowing 5 working days to make the de-registration applications referred to at paragraph 1 above and 56 days for the deregistration period) (the ”Commencement Date”). The Partners agree to meet as the Partnership Working Group within 6 weeks of the Commencement Date to review how the Arrangement is working and agree any changes. Thereafter, the Partners shall meet every 3 months or as agreed between them. The Council shall call, host and facilitate these meetings and shall provide administrative support. The Council may ask the Operators to attend such other meetings if deemed necessary by the Council to deal with any difference of opinion between the Partners or in order to resolve any other matter falling under this Agreement before a matter is referred to the dispute resolution procedure in paragraph 9 below.
5The Agreement shall be deemed effective from the Commencement Date and subject to Clauses 6 and 7 shall subsist until the Partners agree it is terminated.
6A Partner may withdraw from this Agreement by giving to the other Partners no less than 90days written notice of its intention to do so.
7This Agreement may be terminated by the Partners hereto by agreement ona date agreed between the Partners.
8A Partner may be required to withdraw from this Agreement with immediate effect where its conduct is such that it jeopardises the success of this Agreement or acts to the detriment of the Agreement.
9A Partner may raise a dispute by giving notice in writing to the other Partners referring to this Agreement and containing details of the matter(s) in dispute and the dispute shall be deemed to arise on the date of such notice. The Partners shall agree as to the manner in which to deal with the matter(s) in dispute.
10 Any notice to be given under this Agreement shall be given in writing and deemed properly served if addressed to the Chief Executive of the Council or Managing Director of any other Party in question and left at or sent by first class post at the address of the Party given in this Agreement. The notice shall be deemed received by the addressee on the second business day after the date of posting and the Partners shall promptly notify one another of any change of address.
11The Partners agree to approach disputes in an open and conciliatory way, recognising the benefits of remaining part of the Agreement, and shall try to resolve any disputes quickly causing the least delay or disruption and in any event within 28 days of the dispute arising. In the event that a dispute cannot be resolved, and as a last resort, it shall be open for a Partner to withdraw from the Agreement in accordance with Clause 6 hereof.
12Subject to clause 13 below and to any relevant provisions of the Data Protection Act 1998, Freedom of Information Act 2000, the Competition Act 1998 or Legal Privilege or rules as to confidentiality, each Partner shall from time to time, give to the other Partners reasonable access to documentation relating to the Agreement. Any information provided by one Partner to any or all of the other Partners under this Agreement shall be held by the receiving Partner(s) in strict confidence and shall not be divulged to any third party without the express written permission of the Partner supplying the information even in the event of a valid request for such divulgement of such information under the Freedom of Information Act 2000. In the event of such a valid request this shall be shared with the Partner originally supplying the information and written permission for release of the information shall not be unreasonably withheld by the Partner originally supplying the information.
13 Nothing in this Agreement shall oblige either First or Arriva to share information where such information is not directly and solely relating to the Agreement or where either feels that such disclosure is or may be inappropriate under the provisions of the Competition Act 1998.
13This Agreement shall be governed in all respects in accordance with the Laws of England and the Partners hereto irrevocably submit to the jurisdiction of the Courts of England and Wales.
THIS AGREEMENT IS SIGNED on behalf of the Partners the day and year first before written.
SIGNED on behalf of
CHESHIRE WEST AND CHESTER
BOROUGH COUNCIL
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Authorised Signatory
SIGNED on behalf of
Arriva
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Authorised Signatory
SIGNED on behalf of
First
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Authorised Signatory
FIRST SCHEDULE
During the subsistence of this Agreement each Partner agrees as follows:-
1.To mutually support each other in achieving the provision of the Agreement.
2.To fully co-operate with each and every other Partner in the spirit of collaboration towards the Agreement.
3.To provide the resources reasonably required at an appropriate level and on a timely basis so as to facilitate the Agreement.
4.To fully and freely exchange with the other Partners relevant information in its possession relating to the Agreement that may assist in its successful and continued operation, subject to the provisions of Clause 12 of this Agreement.
5.Not to do anything (or fail to do something) which does or is likely to hamper, delay, impede or be inconsistent in any way with the Agreement or which does or is likely to give rise to a delay in the implementation or operation of the Agreement.
6.To consider any recommendations made by the other Partners and make decisions thereon on a timely basis.
7To obtain where necessary the proper authority from its Chief Officers or its elected members as appropriate as soon as possible on any decision or recommendation of the Partners as to the effective and continued implementation of the Agreement and to promptly advise the other Partners in the event of any likely delay in obtaining such authority.
SECOND SCHEDULE
Obligations of the Partners
THE BUS SERVICES
The bus services which form the basis for the Blacon Pointer VPA are:
Chester – Rhuddlan Road – Blacon Parade – Chester circular
Chester – Blacon Parade – Rhuddlan Road – Chester circular
Chester – Blacon – Church Road – Saughall
Chester – Blacon – The Ridings – Saughall
These will be jointly operated by First and ARRIVA. First and Arriva shall, so as to provide continuity of the Services in accordance with the joint service registrations, in the case of an emergency affecting the other, use all reasonable endeavours to provide cover for the services that would have been run by the other absent the emergency.
DRIVERS
All drivers operating Blacon Pointer VPA bus services are to be wearing the uniform supplied by their employer.
Drivers are to be trained (including for the avoidance of doubt being engaged in ongoing training) in accordance with Certificate of Professional Competence requirements with particular emphasis on customer care and disability awareness.
Drivers are to be aware of all ticketing arrangements and tickets issued by both First and Arrivaand The Council.
Driving standards should recognise the requirement for fuel efficient driving and for considerate driving proving a high standard of passenger comfort and minimizing passenger “trips” and “falls”.
MARKETING AND BRANDING
The generic and marketing name for the VPA services is “Blacon Pointer”. This will be applied to vehicles from both First and Arriva operating Blacon Pointer VPA services. Exact positions for branding will be agreed with each operator depending on vehicle design. Bus shelters sited on the route within the VPA will feature publicity material based on Blacon Pointer branding and bus stop flags will be branded with this brand.
Any printed publicity material produced jointly or individually by the Partners relevant to the VPA will be suitably branded.
Costs associated with branding are to be shared amongst the Partners on a basis to be agreed in advance of such costs being incurred. Failure to agree the sharing proportions of such costs in advance shall result, unless the Partners then agree otherwise, in the Partner who incurred the cost being responsible for it.
Marketing will be a key part of developing the Blacon Pointer VPA raising awareness within the community and there will be a need to refresh from time to time, by agreement between the Partners.
BUS SERVICE FREQUENCIES
Bus services will operate daily at frequencies and times listed in service registration documentation supplied by First and Arriva to the Traffic Commissioner. A joint service is to be operated in accordance with the Transport Act 1985 and applicable statutory instruments relating thereto (in each case as subsequently amended). The initial frequencies at which the service is to operate are as follows:
FirstArriva
Monday-Friday 0700-1900[10][10]
Saturday 0700-1900[10][10]
Sunday 1000-1900[][15]
Monday-Sunday 1900-2300[30][]
Proposals to change frequencies will be discussed between the Partners prior to changes being introduced.
TICKETING AND FARES
Both operators agree to accept each others tickets on “the Services” as defined in paragraph 1 of this schedule. This includes all ticket types that are available to the passenger and sold by either operator.
Participation in the Council’s smart card (Travelcard) scheme is required with consideration being given to achieving ITSO standards.
All fares and tariffs are to be set at the discretion of the individual operator, and all fares collected will be retained by the individual operator.
VEHICLE SPECIFICATION
Vehicles to be used on the Blacon Pointer VPA will be a mix of buses not more than 3 years old at the Commencement Date.
All vehicles will comply will all DDA requirements related to accessibility including low floor and route number/destination displays.
All Vehicles must to be cleaned on a daily basis, internally and externally, prior to commencing the service. In the event of adverse weather conditions the requirement for external cleaning will be waived when this poses a health and safety risk.
PASSENGER INFORMATION
All bus shelters on Blacon Pointer VPA routes are owned and maintained by either the Council or Adshel. Service information is provided by The Council at these shelters, and this will continue to be the case. Timetables are additionally to be provided by The Council at bus stop sites without shelters.
Requirements for other printed publicity material such as timetable leaflets will be agreed by the Partners. To provide stability for customers and to minimise the costs to each Partner, service changes will be restricted to two per year on dates to be agreed, in accordance with the Service Stability Code of Conduct.
INFRASTRUCTURE
The Council will continue to provide and maintain bus shelters and stops used by the Blacon Pointer VPA services. In addition, funding has been secured to provide new and upgraded shelters at locations to be agreed between thePartners. The new and upgraded shelters will be delivered during the 2010/2011 financial year.
When improving infrastructure, The Council will consider footpath access to stops and shelters.
MONITORING
Clause 4 of this Agreement establishes an ongoing Partnership Working Group. This Group will consider the operational performance of this VPA and will share and aim to resolve issues that may arise. It is expected that this Group will also receive data from First and Arriva related to patronage (in aggregate form), punctuality, reliability and other relevant data agreed by the Partners.
BENEFITS
The agreed joint operation of the Blacon Pointer VPA Services and coordinated frequencies, together with the investment in infrastructure, vehicle and driver standards and information delivered by this Arrangement together will result in the provision of bus services which provide passengers with a sustainable service of high quality and improved standard. The reduction in competitive operation on these Services is considered to be outweighed by this improvement in quality and as such the Council endorses the agreement that this Partnership represents between First and Arriva.
For the purposes of the Transport Act 2000 as amended by the Local Transport Act 2008, the Council hereby endorses the elements of this Arrangement that effect an agreement between First and Arriva for the operation of the Blacon Pointer VOA Services as defined herein:
SIGNED on behalf of
CHESHIRE WEST AND CHESTER
BOROUGH COUNCIL
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Authorised Signatory