Kuali Presentation Administrative Management Group October 15 th 2009.
Housing Support Enabling Unit Workshops 27 th October 2009 Edinburgh 30 th October 2009 Glasgow.
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Transcript of Housing Support Enabling Unit Workshops 27 th October 2009 Edinburgh 30 th October 2009 Glasgow.
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Housing Support Enabling Unit
Workshops
27th October 2009 Edinburgh30th October 2009 Glasgow
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Aims for Today
1. Benefits and Risks of Collaboration2. Options for the Structure of a Successful Collaboration3. Practical Considerations for Successful Collaboration4. Key Issues in Tendering as a Collaboration
Workshops will provide a balance between case studies and checklists for good practice and will provide an opportunity for discussion
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Introductions
Individually - Name and Organisation / Agency
Experience of Procurement
Flip-Chart - Aims for this workshop
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SESSION 1
Relevant Background
And
Benefits and Risks of Collaboration
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References for today’s session
Discussed later
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Chatham House Rule
“ Chatham House Rule - participants are free to use the information received, but neither the identity nor the affiliation of the speaker/s, nor that of any other participant, may be revealed ".
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Broader Political Context 1
‘Best Value’ (1999) - sound management of resources, use of review and options appraisal
‘Transforming Public Services’ (2006) - effective, innovative performance, user focus, expanding choice
‘Efficient Government’ (2006) - procurement first of five priorities – including electronic procurement and collaborative purchasing
‘Single Outcome Agreement’ (2008) - the Council, its key partners, public, private and third sector organisations and the Scottish Government
Public Sector Procurement Reform - collaboration across the public sector; encourage effective & mutually beneficial relationships with Scottish Public Sector
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Finance & Demand 2009/10 – 2013/14 (% terms)
0
-2.04
-5.78
-9.18
-12.9
0
-2.04
-3.74
-5.44
-7.14
0
-2.04 -2.04 -2.04 -2.04
0
2
4
6
8
-15
-10
-5
0
5
10
2009/10 2010/11 2011/12 2012/13 2013/14
IFS
CPPR
UKTreasuryDemand
Re-shaping Care for Older People - Joint Leadership Summit
May 2009 - Colin Mair, Chief Executive, Improvement Service
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SUMMARYProcurement Reform – Current Opportunities
Less ring-fenced resources – more flexible funding
Greater certainty of funding – 3 year financial planning
Early opportunity to demonstrate commitment to deliver on Shared
Services and Public Sector Reform
More Efficiency Savings – Better Services
“Procurement Reform – The Chief Government’s Imperative”Gavin Whitefield, Chief Government, North Lanarkshire Council and Vice-Chair SOLACE (Scotland) - Scottish Public Procurement Conference 31st October 2007
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Economic Downturn – 15 Big Questions
A. Strategy
1. What effect is the economic downturn having on our charity and its activities?B. Financial Health
2. Financially strong enough to sustain our operations?3. Impact the economic climate is having on our donors and funders?4. Do we have any reserves?5. Have we reviewed banking arrangements and any investments? 6. Have we reviewed our contractual commitments? e.g. premises, equipment7. Have we reviewed any contracts to deliver public services?8. If we have a pension scheme, have we reviewed it recently?9. How can we make best use of permanent endowment investments we hold?
The economic downturn - 15 questions trustees need to ask : The Charity Commission (June 2009)
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Economic Downturn – 15 Big Questions
C. Governance
10. Are we an effective trustee body?11. Do we have adequate safeguards in place to prevent fraud?
D. Making best use of resources
12. Are we making best use of the financial benefits we have as a charity?13. Are we making best use of our staff and volunteers?14. Have we considered collaborating with other charities?
15. Are we making best use of our property?
The economic downturn - 15 questions trustees need to ask : The Charity Commission (June 2009)
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First questions
What are you hoping to achieve by collaborating? Are you sure that collaborative working is the best way to achieve this? Who proposed the idea? Do they have a vested interest? Do your Trustees and Chief Executive support the idea? Does it fit within your organisation’s charitable objects as stated in your
governing document? Do your plans for collaborative working fit your strategic vision, values
and current priorities?
Should you collaborate? – NCVO (2005)
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Working relationships
How might formal collaboration change an existing relationship with your partner?
Do you have clear shared aims for the collaboration? Do you and your partner see your respective inputs and outputs as
fair? Do other organisations have experience of working with them?
Should you collaborate? – NCVO (2005)
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Why collaborate to deliver public services?
Greater capacity to improve outcomes for service users─ potentially more effective management, delivery and monitoring of the service
Lower overheads mean more money for frontline work Increased capacity to replicate on a larger scale service Increased knowledge pool to contribute to a more effective service Combine different specialisms of organisations Share the risk involved in taking on public service delivery Increase negotiating strength where poor funding practice Increase levels of trust if common culture focused on need and quality of
serviceJoint working for public service delivery - A model of
collaborative working. NCVO (2006)
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Will collaboration add value?
Measurable benefits to service users and beneficiaries? Cost savings for your organisation? Affect your potential income? ‘Add value’ to your organisation’s work?
─ justifies the time, effort and money invested in the collaboration? Lose by working on your collaborative project? Risk ‘mission drift’ by moving away from your organisation’s main aims? Structure affected by change and long-term implications? Change your organisation’s other existing relationships?
Should you collaborate? – NCVO (2005)
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The Benefits of Collaborative Working
New or improved services Wider geographical reach or access to new beneficiary groups More integrated or co-ordinated approach to beneficiary needs Financial savings and better use of existing resources Knowledge, good practice and information sharing Sharing the risk in new and untested projects Capacity to replicate success Stronger, united voice Better co-ordination of organisations' activities Competitive advantage Mutual support between organisations
http://www.ncvo-vol.org.uk/index.asp?id=2039
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The Risks of Collaborative Working
Outcomes do not justify the time and resources invested Loss of flexibility in working practices Complexity in decision-making and loss of autonomy Diverting energy and resources away from core aims – mission drift Damage to or dilution of your brand and reputation Damage to organisation and waste of resources if collaboration is
unsuccessful Lack of awareness of legal obligations Stakeholder confusion
Working together to achieve your mission - NCVO
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Key obstacles to a successful collaboration:
Personalities Competition between partners Lack of information and experience Lack of resources, especially at decision-making stage Resistance to change Cultural mismatch between organisations Lack of consistency and clarity on roles and responsibilities
http://www.ncvo-vol.org.uk/index.asp?id=2039
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Things that can help overcome challenges:
Good personal relationships Compatible cultures or an understanding of different cultures Written agreements Experience of change management, leadership and vision Resources Clear and agreed mutual benefits and collaborative advantage A focus on the big picture Careful planning ICT tools The Unit's support, information and materials
http://www.ncvo-vol.org.uk/index.asp?id=2039
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WORKSHOP 1
Choose on ‘back office’ function that most organisations fulfil and, with reference to this, suggest –
1. 3 benefits that collaboration might bring2. and 3 risks
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Coffee
Resume in 15 minutes
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SESSION 2
How to Develop a Successful Collaboration
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Collaboration in Action
Working together to achieve your mission─ e.g. policy development, communication etc.
Sharing back office services – e.g. IT, HR, Payroll, Property, Joint working for public service delivery – tendering Collaborative working to generate income
─ e.g. fundraising, payroll giving, appeals, legacy giving etc. Collaborative working to make more effective use of ICT
─ e.g. purchasing, support, etc. Campaigning in collaboration
Joint working for public service delivery - A model of collaborative working. NCVO (2006)
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What forms does collaborative working take?
Separate organisations maintain their independence - work jointly on some activities or functions
Organisations with resources or expertise – assist other organisations e.g. a larger organisation working with a small local group
A new organisation to do joint work on some activities or functions A group structure where a 'parent' organisation governs a group of
'subsidiary' organisations Merger to form a new organisation working as one body on all activities
Collaborative Working: Partnership between voluntary organisations
NCVO 2007
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Joint Projects – Consider
Main options – maintain identity or create a new organisations
Different structures are right for different organisations depending on their aims for the collaboration
Professional advice should help work out what is best in each case
Working together to achieve your mission
NCVO ( 2006)
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Considering Collaboration
1. How can we better meet the needs of our org. and its beneficiaries by working with others?
2. How will potential partners be identified? Do we already have an existing relationship with them?
3. Is the proposed partner org. compatible with us in terms of its objects, culture, governance arrangements, organisational structures and funding base?
4. What are the reasons for collaborating?
Choosing to Collaborate: Helping you succeed
September 2009 – Charities Commission
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Considering Collaboration
5. What will or might our org. gain and lose from collaborating? Have we considered the wider impacts on our charity?
6. Do we plan to approach stakeholders for their views, particularly service users?
7. Does the collaboration further our org. purposes? Is it an appropriate use of org. funds? Is any private benefit incidental?
8. Are there significant reputational or financial risks? If yes, are we carrying out a due diligence exercise?
Choosing to Collaborate: Helping you succeed
September 2009 – Charities Commission
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Is your organisation compatible with yourpotential partner?
Think about each organisation’s ─ Objects - philosophy - culture─ Governance - policies - organisational structure ─ decision-making processes - financial resources─ assets and funding base
Can any areas of incompatibility be overcome ? What are each organisations strengths and weaknesses ?
Should you collaborate? – NCVO (2005)
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Who to involve
People who lead the work will vary with the type of collaboration─ Trustees, Chief Executives or Project Managers
Consider - The skills and qualities needed for this role
A timescaled consultation process and keep stakeholders informed ─ Plan who to involve
Who / how will this process be managed? When and whether to sound out stakeholders ? / Use a facilitator? Who needs to be involved in each stage of decision-making? Who can be left until plans have developed further? Who needs to feel they own the new venture?
Should you collaborate? – NCVO (2005)
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Staffing a joint project
Staff can be full/part time on the Project May work from existing location or Project Team Foundations are –
─ careful planning and regular communication Be clear about who will employ staff on the project Consider how will the Project will be managed Ensure staff remain informed of the work of partner organisations
─ clarity and consistency Consider terms and conditions, working practices and organisational
culture
Working together to achieve your mission – NCVO 2006
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Approaches to collaboration
Consider what type of agreement will be appropriate for our needs Consider professional advice about the type and content of the
agreement─ Ensure the agreement states the collaboration objectives, benefits for
each party, duration and funding arrangement─ And addresses the identified risks including any conflict/s of interest
Consider significant reputational or financial risks─ If yes, carry out a due diligence exercise – see handout
Choosing to Collaborate: Helping you succeed
September 2009 – Charities Commission
http://www.charity-commission.gov.uk/enhancingcharities/colltoolkit.asp
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Structures for joint projects 1 - Joint working
Two or more organisations work together, maintain independence and identity Appropriate level of board and senior management involvement Trustees / Board has -
─ final responsibility for the organisation, including collaborations─ may co-operate to oversee the collaboration for its duration
Could form a joint committee with representatives from each board─ agree a code of conduct to formalise how they will work together
Or may approve the collaboration, then delegate its implementation─ with regular reporting
Consider controlling the collaboration by a written agreement─ which separates the joint functions from the ongoing operations of each partner
Working together to achieve your mission
NCVO ( 2006)
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Structures for joint projects 2 - New organisation
Create a separate organisation to run activities for beneficiaries Each organisation maintains its own identity distinct from the new organisation New organisation is a legal entity in its own right with appropriate legal structure The degree of influence the partners wish to have in the new organisation will
determine which option is chosen - ─ The original organisations may share the governance of the new organisation
New organisation could have separate board with each partner having an agreed number of seats
Or one person to represent all the partner organisations on the board of the new organisation
Working together to achieve your mission
NCVO ( 2006)
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New independent body – 1.
In this model, partners create a new legal entity Although the new entity will not have a track record, all of the risks
associated with delivery are transferred to the new body In delivering contracts it is clear where the legal responsibilities lie and
there is no need for a lead body However, developing a new body will require resource and there is a
risk that it will end up competing for funds against the partner organisations
Models for collaborative working around commissioning
BASSAC (2009)
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Lead Agency Model - 2.
Agreement will set out how members will work together – (see later) Lead agency holds the main contract
─ ultimately accountable and sub-contracts to partners─ Must have the capacity & ability to handle a contract management role
Practically the lead agency will - ─ Be legally and contractually responsible for the services provided by the consortium─ Receive payments / pay partners─ Check quality of contracted services & provide monitoring information─ Participate in any contract reviews
Lead agency can either be a consortium member and deliver services or just take a managing and coordinating role, …whatever… costs must be accounted for
Models for collaborative working around commissioning
BASSAC (2009)
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Sub-contracting – 3.
Contract awarded to one contractor who then sub-contracts to others─ with agreement from the commissioner─ has capacity and ability to manage the contract and sub-contractual relationships
The model allows work together on basis of strengths, expertise and diversity The main contractor may provide services or only management / coordination The sub-contracting relationship is not collaboration in the same way as a
consortium─ practically, the main contractor holds a greater risk and power─ sub-contracting organisations need to be pragmatic about equality
The key contract provisions in sub-contracts include: ─ Duration of contract - Respective responsibilities - Payments and charges─ Insurance - Confidentiality - Assignment─ Termination - Variation - Breach─ Disputes - Copyright - Intellectual property rights
Models for collaborative working around commissioning
BASSAC (2009)
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Why create a new (voluntary) organisation?
Setting up a new organisations can separate the collaborative working element from the continuing activities of each partner
May be appropriate where there are significant financial or liability risks Creating a separate organisation formalises the way that the shared
work is managed, meaning that (potentially) -─ none of the partners should benefit unfairly from the advantages or ─ suffer disproportionately from the disadvantages possible when sharing
services
Working together to achieve your mission
NCVO ( 2006)
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Legal Issues
Seek legal advice ─ Traditional sub-contracting (one org. is responsible for entire service)
Less time-consuming for all BUT relies on goodwill of lead org.; trust and equal treatment Focus on relationship of two orgs AND service issues
─ Partnership / Consortium agreement (one org. is lead agency, sub-contracts determine relationships etc.)
Ensure your governance agrees and accepts consequences of this The legal agreement – see next The role and composition of the consortium management group How each partner will be represented on it How decisions will be taken
HACT – Collaborate
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Legal Agreement – Some Headings
Roles, Responsibilities and Obligations Accountabilities, Monitoring and Audit – Governance, financial and others Service – aims, values, referral, assessment, review, contract liaison Staff – no., salaries, line management, supervision, induction, training Communicating with Partners – keeping up to date with the Project…. Meetings – incl. Board / s…. ■ Public Relations – logo, identity…. Termination / Exit Strategy – how & by mutual agreement… Dispute Resolution – mediation, arbitration, sanctions… Legal Clauses – Data Protection, Confidentiality, Indemnities, etc..
Joint working agreements - Developing agreements between
voluntary or community organisations. NCVO (2006)
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Issues to cover in an agreement
See also the Charity Commission – Objectives / benefits to each partner The duration of the collaboration, including timescales and milestones Roles, responsibilities and expectations of each partner Decision making structures and processes The resources required, contributions from each partner, management cost and
how under/overspend will be managed Clause outlining how disputes will be resolved Exit strategy and arrangements for terminating the collaboration in case
circumstances change, including notice period and cost implications Plans for review and evaluation ..ETC ETC
Choosing to Collaborate: Helping you succeed
September 2009 – Charities Commissionhttp://www.charity-commission.gov.uk/enhancingcharities/colltoolkit.asp
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Risk assessment & due diligence
Risk can be managed in a range of ways - ─ By insurance─ By discovering and removing risk by investigation (due diligence)─ By making financial provision─ By the legal obligations created through contractual or partnership
agreements Trustees must discharge their duty of care and cover liabilities What level of investigation is appropriate to the size and nature of your
collaboration? What skills or professional advice will be needed?
Should you collaborate? – NCVO (2005)
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Planning and CommunicationKey Questions for Trustees
Established a project board or group to oversee the project?─ Is there an individual managing the overall process?
Established a project plan with milestones? Identified and mitigated the risks associated with the collaboration? Estimated full cost of collaborating and how it will be resourced?
─ staff time, rebranding, professional fees, relocation, unanticipated costs Stakeholder analysis and appropriate communications plan? How will we manage any joint branding? Identified measures to monitor success of the collaboration? Developed an exit strategy for ending collaborative arrangements?
Choosing to Collaborate: Helping you succeed
September 2009 – Charities Commission
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The Process - In Summary
As with all new joint projects - Ensure the activity fits your aims to provide more/ better services Check it is compatible with its partner Discuss how you are going to work together Agree respective roles and responsibilities Consider the effect of the collaboration on the activities of the whole
organisation and other staff Project Manage it
Joint working for public service delivery - A model of collaborative working. NCVO (2006)
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Workshop 2
For your chosen ‘back office function’ consider -1. an appropriate structure for a collaborative
organisation that would deliver this and2. the first steps you would have to consider in
taking this forward
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Lunch
Resume 45 minutes
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SESSION 3
Practical Considerations for Successful Collaboration
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Governance and AccountabilityLessons Learned
Governance and Accountability─ Informing Boards of activities is variable at best─ Responsibility for decisions remain with individual ‘organisations’
but scope for decisions may be limited─ Lack of Board influence on direction of consortia─ Little understanding of where consortia fit within existing
governance structures
Governance and Accountability in collaborative working models -
A Case Study of Social Housing Procurement Consortia in Wales
Dr Pauline Card, School of City & Regional Planning, Cardiff University
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Focusing on
the purpose of the
partnership and on
outcomes for citizens
& service users
and the partnership
vision
Working effectively together with clearly defined roles and responsibilities
Developing
the capacity
and capability of members and officers
of the partnership to be effective
Taking
informed,
transparent
decisions which are subject to scrutiny and
managing risk
Promoting values for the partnership
and demonstrating the values of
good governance
through high
standards of
conduct and
behaviour
The Good The Good Governance Governance Standard for Standard for Public Public
ServiceService
PartnershipsPartnerships
Adapted byCIPFA and SOLACE 2008 andbased on original byOPM and CIPFA, 2004 ©
Engaging with local people and
other stakeholders to ensure robust accountability
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Management Structure
Appoint a manager in each organisation to be responsible for that partner’s contribution to the joint project─ Managers not used to joint decision-making may find the process time
consuming and counter cultural How are you going to lead and manage your joint project?
─ A project co-ordinator with a joint steering group? At what level? Is one organisation better placed to co-ordinate a particular area of the
work where they already have expertise? How can you get ‘buy-in’ from the relevant staff and relevant others
before they start work?
Working together to achieve your mission – NCVO 2006
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Employment and Staffing
Does TUPE apply? ─ Legal advice should be taken on this
Clarify roles and responsibilities of individuals will limit the likelihood of conflict
Might there be problems with people’s allegiance to one particular organisation, and not the proposed collaborative working project?
How will you deal with conflict? Train staff and volunteers in new working procedures and systems
Joint working for public service delivery - A model of collaborative working. NCVO (2006)
Should you collaborate? – NCVO (2005)
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Tackling Culture – 1.
Requires a positive and open approach, trust and the ability to compromise Critical to ensure that partners are seen as equals - irrespective of contribution Seek early confirmation of commitment and agreement on the fundamentals
from all – consider - ─ A memo of understanding (incorporate ground rules you all agree on)─ A confidentiality agreement and get all partners to sign up─ A session on how you will share risks and liabilities.
What are the risks? - How will you manage them? Who is liable if something goes wrong?
http://www.bassac.org.uk/our-programmes/collaboration/collaborate-for-commissioning/
models-for-collaborative-working/creating-a-culture-of-partnership
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Tackling Culture – 2.
Take time to get to know each other and develop a method of working─ Delegate small groups to work on practical issues
such as policy/procedure reviews and structures and standards, and bring them back to all partners
Begin to develop your joint brand, include your unique selling points─ Be clear about your key messages; agree protocols on who speaks on
behalf of partners─ Make sure you communicate consistently with all stakeholders
http://www.bassac.org.uk/our-programmes/collaboration/collaborate-for-commissioning/
models-for-collaborative-working/creating-a-culture-of-partnership
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Communications
Trustees reputation and ensure brand is not damaged Outline to stakeholders
─ how working on public services contributes to your objectives─ how the partnership will affect organisational reputation
Include communication protocols in your joint working agreement Plan information-sharing about individuals that is data protection
compliant Agree who will hold copyright for any guidance material that results?
─ consider intellectual property, design and trademark
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Developing Partners
Establish Compatibility─ Quality – respect for the quality of partner services─ Due Diligence – check-out business viability of partners─ Bottom Line – what each needs out of the arrangement─ Added Value – specialism, infra-structure, capacity?─ Differences – ethos, service delivery, cost structure, decision-making
Establish Common Purpose - for the service and for the partnership Develop a Positive Culture of Partnership – memo of understanding / heads of
agreement, exclusivity, confidentiality, shared risks, get to know partner organisation/s Develop an identity – a brand, key messages Agree Leadership and Lead Agency – who drives, sorts out differences Support – practical help, neutral advice, critical friend
HACT – Collaborate
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Public Relations
Is there potential for positive publicity about the collaboration? Consider publicising that you are working collaboratively
─ re-assure service users and public about quality of ‘collaborative’ outcomes─ demonstrate efficiencies in funding / diminish concerns about duplication─ give funders and policy makers message about the primacy of beneficiary
interests─ signal to others that the partners are willing to, and good at, work in
partnership─ support organisational buy-in to the project from all stakeholders
promote ‘quick wins’ that motivate people as part of a success─ alert funders to the benefits of collaborative working
Working together to achieve your mission – NCVO 2006
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Cultural diversity
The philosophy and culture of an organisation can be difficult to quantify and risk being ignored. Consider -
The impact of working collaboratively on your organisational culture
Managing a partnership of different working styles & diverse groups
Accommodating the needs of different stakeholders and partner organisations of varied cultures, sizes, ages or management style
Should you collaborate? – NCVO (2005)
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Implementation Issues
Broadly similar to any new project Settle contract with Commissioners Start-up times and costs Management Information Systems Managing Change Staffing – Recruitment, selection, appointment, induction, training etc. Managing Communication and Relationships TUPE? Transfer of Staff?
HACT – Collaborate
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Workshop 3
Considering what you have heard, and with reference to the attached handout – ‘Collaborate for Commissioning – Part 3’
1. Management and Staffing2. Skills and Competencies3. Systems and Processes
‘Collaborate for Commissioning’ - Part 3 Tendering
and Delivering - bassac (2009)
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Coffee
Resume in 15 minutes
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SESSION 4
Collaboration in Tendering and Contracting
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Collaboration in Tendering?Assess Your Strategic Position
Understand the relevant tendering environment ─ is the purchaser looking to reduce Provider numbers?
Understand Your Organisation’s Position─ What is the degree of threat to your future?
Information from Commissioners / others?
─ Do you have potential partners? What do they / you have to offer?
─ Do you have capacity and capability to devote to collaboration? Include managers and your Board
HACT – Collaborate
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Before the Tender is Published / Advertised – 1.
Convene with prospective consortium-others – as early as possible
Brief all about the new context of tendering and contractual responsibilities
Agree the model of consortium to be used
Establish the draft method of operation for the consortium─ systems for decision making, management, quality and financial─ if forming a new entity, then agree outline Memorandum and Articles of
Association
Each Provider assesses exclusions and requirements of Tendering before deciding to participate
How to Win Tenders – A Guide to Tendering as a Consortium
Tendering for (Care 2008)
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Before the Tender is Published / Advertised – 2.
Decide which Provider will be Lead Contractor Governance of Lead Contractor confirms agreement to lead Governance of all Providers’ also agree to participate Agree roles and activities of each Provider
─ based on current understanding of the tender specification Obtain necessary professional advice
─ a) legal advice regarding the consortium structure and the proposed allocation of roles and activities between the Providers
─ b) the insurance requirements necessary to cover all potential risks
How to Win Tenders – A Guide to Tendering as a Consortium
Tendering for (Care 2008)
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Before the Tender is Published / Advertised – 3.
Decide how finances are to be managed Obtain confirmation from certified/Chartered Accountant/ Banker RE agreed
process for financing and funding the consortium Ensure all Providers put in place the process necessary to provide a
performance bond Agree the individual roles and responsibilities for PQQ and tender preparation
─ confirm a process for approving the drafts prior to finalisation─ decide who is to prepare and sign the documents
How to Win Tenders – A Guide to Tendering as a Consortium
Tendering for (Care 2008)
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Managing relationships
Negotiating and relationship management skills are essential ─ In bidding for contracts become more important the more are involved
Where organisations are collaborating to work with public bodies─ assign someone to co-ordinate different strands of work─ likely to be somebody from the organisation which is acting as the
accountable body. Partnership working takes time, but the skills are transferable and
useful for organisations’ other activities
Joint working for public service delivery - A model of collaborative working. NCVO (2006)
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Collaboration in Tendering?Influencing the Process
Invest in dialogue with commissioners
Understand the commissioning process
Influence the commissioning process at each stage
Develop relationships with other potential allies
Encourage commissioner to ensure that all providers are treated fairly
─ Small providers, Partnerships, Consortia
HACT – Collaborate
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Influencing the Local Authority 1
Commissioning─ Get to know commissioners─ Contribute your knowledge of local user needs─ Highlight your innovative services and your potential to help
Procurement - Seek to influence -─ The fairness and transparency of the process─ The nature of the service to be delivered─ The inclusion of outcomes, outputs and ‘community benefits’─ The criteria for judgements used, timescales to apply─ The sort of contracts, or deliver and realistic budgets
Bassac (2009)
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Influencing the Local Authority 2
‘Testing the Market’─ Promote and explain the proposed contract and encourage interest
Invitation to Tender ─ Scoring: Seek to influence the criteria and the proportions of score
awarded to price, quality, wider social benefits, and sustainability ─ Interview: Prepare your team and their availability
Award of Contract - Request a debrief if you are not successful Contract delivery - Prepare for evaluation and monitoring including
customer satisfaction; plan regular meetings with ‘client’
Bassac (2009)
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Influencing the Commissioning Cycle
Strategic Direction
Purchase & Contract Management
Needs / Market Analysis
What services to buy
Service users at the centreLocal knowledge and networks
Define Effective Partnership
Preferred service modelsOpenness to change
Drivers & Options Appraisal
Ask Commissioners to offer time for realistic bidsShow service users involvement & preferencesSeek fairness to all bidders, incl PartnershipsAsk Commissioners to hear your views pre-process
Support to deal with TUPEBased on Providers Quality ControlAllow time for lead arrangements to settle
Negotiate and let contracts
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After the Tender is Published / Advertised
Finalise consortium structure in the light of the Instructions to Tenderers Finalise method for operating the consortium All Providers confirm items in exclusions and requirements of Tendering
Obtain insurance and other requirements recommended following advice Each Provider obtains from their governance the final agreed consortium
structure, management and method of delivering the contract Review the contract specification in light of activities already
─ agreed roles and responsibilities and ─ obtain a legal check on the final structure
Prepare the Tender documents as previously agreed
How to Win Tenders – A Guide to Tendering as a Consortium
Tendering for (Care 2008)
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How to sell yourself
You know that what you are doing is having a positive impact in your local community.
There are three main things to prove: 1. Your organisation has the capacity and the quality to deliver excellent
services – accredited / robust Quality Standards2. That you have assessed any risks involved in delivering the services –
and have assured risk management practices3. That you delivering the service is good value for money, and will save the
statutory partner money in the long term
http://www.bassac.org.uk/node/578
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Multiple Accountabilities
A collaboration may jointly bid - but there is usually one accountable body─ managed and maintained through a joint working agreement
When the Collaborative signs a contract, all partners, including the commissioning body, need to be clear about their specific liability
Responsibilities include ─ Accountability to the funder for public money─ Accountability to meet regulatory requirements ─ Accountability to beneficiaries, partner organisations, members and others
Can all out a greater burden on monitoring and reporting
Joint working for public service delivery - A model of collaborative working. NCVO (2006)
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Reviewing joint work
Regular reviews & users’ feedback can measure collaborative impact - Partnership achieving its objectives Achieving more by working collaboratively than by working alone What has gone well? What has gone less well? Partnership or activities changed since it began
─ do you need to make adjustments to how you work together? Do all the partners still have shared aims? Whatever changes partners may suggest, keep in mind
─ why your organisation got involved in the first place─ what will enable you to obtain the best outcome for your beneficiaries
Working together to achieve your mission – NCVO 2006
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What if It All Goes Wrong?
Decide that it's hopeless trying to step back and let others take a lead, and never try it again? Abandon the idea?
Not according to feedback from the community anchor organisations we worked with on the community brokerage project. They were keen to point out that failure can be a good lesson. Risk taking is one of the things that makes the voluntary and community sector so creative, and there are bound to be occasions when things don't go as well as intended.
Their advice was: Don't abandon a whole model or idea just because it doesn't work in a particular circumstance. Look for elements within the process that have worked well. They may not have been intended, but surely
something has developed that is of benefit to the organisations or the beneficiaries Do get together with all involved, and talk through, openly, what has gone wrong and why. This may require
a skilled external facilitator if feelings are running high. Revisit the process, picking out where things went wrong, and discussing what interventions might have
helped Try and get the statutory partner on board so that they realise what they can do to be more supportive Decide on the next step. That might be to try a different form of collaboration, or to leave it for a year and try
again, or even to meet in a month to decide the next step.
http://www.bassac.org.uk/our-programmes/collaboration/collaborate-for-commissioning/are-you-ready/what-if-it-all-goes-wrong
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Plenary – Reference Material
1. Reference List2. Checklist for Trustees - Collaborative Working (Charities Commission)3. Checklist for Trustees - Due Diligence (Charities Commission)4. Roles and Responsibilities - Part 1 (bassac)5. Are you prepared to collaborate for commissioning? - Part 2 (bassac)6. Working Together to Deliver Public Services - Real Life Stories (NCVO)
bassac = British Association of Settlements and Social Action Centres
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Finally…….
Please complete the evaluation sheet before you leave.
Thank you for attending and participating.