Below is the text of the Joint Working Agreement signed between Darlington Support and Darlington Borough Council


Parties

● Darlington Borough Council of Town Hall, Feethams, Darlington, DL1 5QT (“the Council”); and

● Darlington Support (“Darlington Support”) an unincorporated charity acting by its founder members Kimberley Scott of [REDACTED] and George Jabbour of [REDACTED].

Background

(A) Darlington Support is an unincorporated organization which was established on a charitable basis to support the residents of Darlington as a result of the Covid19 crisis.

1.1 Darlington Support and the Council have established joined working arrangements for the purpose of jointly working using volunteers and resources of each organization to support the residents of Darlington during the Covid19 crisis. (“the Purpose”)

(B) This agreement regulates the operation and management of the joined working arrangements.

It is agreed

2. Definitions and Interpretation

2.1 The following definitions and rules of interpretation apply in this Agreement:

Darlington Support Volunteer Means a volunteer vetted by the Council and directed by Darlington Support in accordance with the terms of this Agreement

Approved Guidance the written guidance in the form at Schedule 1 to this Agreement or as otherwise provided (in writing) by the Council to Darlington Support from time to time

3. Consideration, Purpose and Term

3.1 In consideration of the mutual obligations and rights expressed in this agreement the parties have agreed to enter into this Agreement.

3.2 The parties will deliver the Purpose by carrying out the obligations in this agreement to enable the delivery of the following services in accordance with the Approved Guidance

3.2.1 Befriending
3.2.2 Volunteer Shopping and Payments
3.2.3 Volunteer Dog Walking
3.2.4 any other services, which may be described in Approval Guidance from time to time (together “the Services”)

3.3 This Agreement shall continue during the period March 2020 until 30 September 2020 (or as further extended in writing) or as the case may be subject to earlier termination.

3.4 Each Party shall use all reasonable endeavours to support the Purpose in keeping with the obligations in this Agreement.

4. Obligations of the Council

4.1 The Council will diligently carry out appropriate vetting checks on proposed volunteers by Police list checks or DBS checks as appropriate and will on a satisfactory check approve in writing any volunteers proposed to act as Darlington Support Volunteers.

4.2 The Council will provide Darlington Support with written guidance containing detailed directions and risk assessments (the Approved Guidance)

4.3 The Council shall be responsible to ensure the Approved Guidance is suitable and fit for purpose.

4.4 The Council will pass referrals from the public to Darlington Support to deliver the Services.

5. Obligations of Darlington Support

5.1 Darlington Support will provide accurate information (with informed consent) on proposed volunteers to enable the Council to carry out agreed vetting checks.

5.2 Darlington Support shall be responsible to ensure the Approved Guidance is made available to the Darlington Support Volunteers.

5.3 Darlington Support shall be responsible for the proper direction of the Darlington Support Volunteers generally and in particular in accordance with the Approved Guidance.

5.4 Darlington Support shall ensure that Darlington Support Volunteers are aware of the importance of following the Approved Guidance and acting within it at all times when acting as volunteers within the scope of this agreement and in delivering the Services.

5.5 Darlington Support will maintain appropriate records to ensure referrals are acted upon and records kept of those referrals which Darlington Support is unable to deal with and those which it has dealt with and will share this information with the Council for monitoring and with the intention that the parties work together to secure the wellbeing of those individuals in need of support.

6. Mutual Responsibilities

6.1 The Council and Darlington Support will work collaboratively to further the Purpose ensuring the activities are carried out by their respective organisations in keeping with relevant legislation (including but not limited to health and safety and data protection legislation) and in keeping with statutory guidance relating to the delivery of services as published by central government and Public Health England from time to time.

6.2 The Council and Darlington Support will work co-operatively to deal with any complaints or concerns relating to the activities of the Parties or their volunteers in the delivery of the Purpose with the aim of finding resolution.

6.3 The Council and Darlington Support will each maintain Public Liability insurance suitable to the activities involved in this agreement in a sum of not less that £5m and will on request produce a copy of such insurance to the other party upon reasonable notice in writing.

6.4 The Council and Darlington Support will comply with their respective obligations under the terms of the information sharing agreement in the form annexed at Schedule 2.

6.5 The Council and Darlington Support will share information regarding incidents / individuals / addresses for record keeping purposes in connection with the Purpose

6.6 None of the Parties may, without the written consent of the others, assign any of their respective rights or obligations under this Agreement.

7. Not a partnership

Nothing in this Agreement shall create a partnership or establish a relationship of principal and agent or any other fiduciary relationship between or among any of the Parties.

8. Announcements and Communications

8.1 Subject as required by law or by any relevant national or supra-national regulatory authorities, all announcements and circulars by or on behalf of any of the Parties and relating to the subject matter of this Agreement shall be in terms to be agreed between the Parties in advance of issue.

8.2 Any communications from the Council in relation to this Agreement or any related matter shall be directed to Kimberley Scott and/or George Jabbour only and not to any other volunteer (whether or not they are a ward champion). This does not prevent the Council from contacting an individual volunteer to facilitate the delivery of a service to a specific resident or to carry out the vetting checks. This does not prevent the Council from posting messages in the Telegram group chat [REDACTED] or communications made in an emergency situation or where such communication is reasonably considered necessary for safety reasons.

8.3 Any communications between the Council and Darlington Support shall take place via email, post or phone and shall not be carried out using private message services, such as Facebook or Telegram. The exception to this is that the Council could post messages in the Telegram group chat [REDACTED].

9. Notices

9.1 Any notice required to be given under this Agreement shall be deemed duly served if left at or sent by registered or recorded delivery post to any party at its registered office. Any such notice shall be deemed to be served at the time when the same is handed to or left at the address of the party to be served and, if served by post, on the day (not being a Saturday, Sunday or public holiday) next following the day of posting. An electronic copy must also be sent to [REDACTED] (in the case of notice(s) for the attention of Darlington Support) and to [REDACTED] (in the case of notice(s) for the attention of the Council)

10. Termination

10.1 Notwithstanding that the parties intend to cooperate for the time necessary to continue to meet the purpose, either party may terminate the joint working arrangements expressed in this agreement in the giving of not less than 28 days notice to the other.

11. Choice of law

11.1 This Agreement shall be governed by and interpreted in accordance with English law.

Agreed by the Parties on the date of this Agreement.

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