The scope of services is the core of any outsourcing contract and needs to be detailed and unambiguous. It should cover:
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The type of applications to be outsourced. This may be primarily simple non-notified applications, applications with complexity and potentially notified, or possibly a combination of both. Alternatively, your outsourcing requirement may be primarily for specialist technical input.
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The specific parts of the process that the contractor is expected to undertake.* Some councils choose to leave this area more generalised, and you may feel that this level of detail is pedantic. However, in some cases the generalist approach has led to confusion about responsibilities and subsequent inefficiencies in the process.
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How the applications will be issued to the contractor including issues such as regularity, whether the contractor will be notified or expected to check for new applications with the council, and the time frames expected for applications to be uplifted. For example, councils could bundle several similar applications with the same contact person and forward these to a contractor.
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Where relevant, who the Council's legal or other technical advisors are, and the protocols for requesting their services.
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How to obtain input from other council staff, how many working days other staff need for effective input and how to deal with technical comments from council staff, including if non-RMA issues arise.
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The requirements for attending training and up-skilling sessions. A common approach is to require the attendance of the contractor at any meetings and briefings that will impact on their ability to process resource consent applications, including changes to relevant council policy and procedures. State how the contractor will be advised of these meetings.
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Possible circumstances where professional planning opinions differ. It is important to outline processes for managing these differences.
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The requirements and opportunities for feedback into the policy/plan loop if the contract envisages this level of consultant involvement.
* For example, the general requirements for overflow consent processing could include the following:
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checking adequacy of the application in relation to s88, the Fourth Schedule of the RMA and the district plan provisions
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liaising with other relevant council departments
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liaising with administrative staff to arrange notification, hearings, data entry and financial reporting
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providing fee estimates to the council for incorporation as part of any requested estimate of costs by the applicant pursuant to s36(6)
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dealing with applicant inquiries and liaison with the council's external experts
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carrying out a site inspection, taking photographs, and completing where relevant the council's site inspection checklist
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preparing a s92 request where required
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identifying persons who may be adversely affected and making a recommendation on notification pursuant to ss95A-95F
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dealing with any public inquiries associated with the application
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preparing the s42A report
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appearing at any required hearings
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providing a draft decision with appropriate conditions
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providing advice regarding fee disputes under s357A-D and discounting fees for late applications under the Discount Regulations
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financial reporting.
