Agenda and minutes

That the minutes of the meeting held on 18 April 2013 be agreed as a correct record.

Apologies for absence were received from Councillor Tom Davey.

There were none.

The following public questions were received and the answers given as set out below. Those members of the public who had asked the questions and who were present asked supplementary questions, to which the answers were given.

Item 7: OUTTURN AND PERFORMANCE REPORT

From Mr John Dix

1.    At paragraph 1.14 the report states that the spend so far on the One Barnet Implementation partner to the end of April is £7.138 million yet the suppliers payments list suggest the spend is only £6.555m. Does this mean that almost £600,000 of invoices have withheld from the supplier payments system list and if so why?

The figure of £7.1m includes spend from the start of the Agilisys contract (2010) through to the end of 2012/13. The £500 reports on the Council’s website are currently for 2011/12, 2012/13 and 2013/14. Approximately £600k of the spend on the Agilisys contract was in the 2010/11 financial year, which accounts for the difference between the two figures.

2. At appendix G Corporate risk register it notes a risk of “Failure to engage properly with Residents” has a moderate impact and a possible probability which you suggest will reduce to an unlikely probability. Given that the failure to engage with residents has led to the judicial review do you think that this rating is somewhat over optimistic?

The risk register includes a range of risks ranging from concerns around continuation of service delivery and future government funding cuts impacting on the Council’s financial position, and the rating of these risks reflects the probability and impact of these range of risks.

From Mrs Barbara Jacobson

1. The virement of £0.305m re Electoral Registration from NSCSO to the Assurance Directorate. (Paragraph 9.15.1): Since this virement is coming up for approval now, it couldn’t have been included in the NSCSO contract with Capita, so how does it affect that proposed contract?

Electoral registrations was originally part of the NSCSO contract with Capita, it is now not included within the scope.

2. While we may note the spend of £7.183m on Agilisys / Impower, how do you explain that it is more than three times the original estimate of £2m?

·         How much has been paid to Agilisys / Impower since the end of April 2013?

·         How much will continue to be paid to Agilisys / Impower in the coming months?

·         And exactly, precisely, specifically what are they doing for this money?

Agilisys/Impower have been employed to support a range of projects alongside the Council and the scope of this has been extended significantly since they were originally contracted in 2010.

Agilisys/Impower were paid £240k in May 2013.

We will update the Cabinet Resources Committee on spend in respect of Agilisys/Impower over the forthcoming months.

3. ‘a shortfall in income in Legal Services’:

·         What was the amount of this shortfall?

·         Why was there a shortfall?

·         Does the shortfall indicate that the assumptions on which the generation of income are based are flawed? What is being done to  ...  view the full minutes text for item 4.

For the reasons set out in the Cabinet Member’s report,

RESOLVED

1. That the Committee approve the Outline Business Case for partnership initiatives to enhance delivery of the Safer Communities Strategy and that the four proposed initiatives are implemented.

2. That the Committee approve a budget of £118,300 from the One Barnet Transformation Reserve to implement the Community Coaches initiative.

3. That the Committee approve that implementation of each initiative be subject to approval of an implementation plan by the Safer Communities Partnership Board.

For the reasons set out in the Cabinet Member’s report, 

RESOLVED

1. That the Committee approve an addition to the capital programme of £567,000 to build three new affordable homes for rent on the land at Alexandra Road, N10 shown edged in red on the plan in Appendix 1.

2. That the Committee agree that the land at Alexandra Road shown edged in red on the plan in Appendix 1 is no longer required for the purpose for which it is currently held and is appropriated for planning purposes to facilitate the building of the new homes in accordance with the planning permission.

3. That the Committee approve an addition to the capital programme of £7,093,000 to build a further 38 affordable homes on the 4 sites identified in Appendix 2.

4. That the Committee delegate authority to the Director of Place, in consultation with the Cabinet Member for Housing, to agree other schemes not named in 1.1 (iii) should any of the schemes fail and subject to the costs not exceeding £7,093,000 for the delivery of 38 homes.

For the reasons set out in the Cabinet Member’s report,

RESOLVED

1. That the 2012/13 performance report, revenue budget and capital outturn position be noted.

2. That the capital approvals and slippage of £20.168m as outlined in tables 9 and 10 be approved.

3. That Directors take appropriate action to improve performance against those corporate performance, Human Resources (HR), project and risk measures where Quarter 4 performance remains a challenge (Sections 9.3, 9.4, 9.10 and Appendix A).

4. That the earmarked reserves and provisions contained in table 7 be approved.

5. That provision for bad debt position contained in table 14 be approved.

6. That the final Special Parking Account, as set out in Appendix E, be noted.

7. That the Corporate Risk Register be noted in Appendix G.

8. That the Barnet Homes leaseholder contributions in table 13 be noted.

9. That the agency staff costs for the financial year 2012/13 in table 15 be noted.

10. That the proposed 2012/13 capital additions and deletions totalling £0.165m as set out in Appendix D and the related funding implications in 2012/13 as set out in table 11 be approved.

11. That the proposed 2013/14 capital additions totalling £2.446m as set out in Appendix D and the related funding implications in 2013/14 as set out in table 12 be approved.

12. That the following virements in 2013/14 and on-going be approved:

·         £0.305m is requested to move Electoral Registration from NSCSO to the

Assurance Directorate. (Paragraph 9.15.1)

·         £0.360m is requested between Grants Awarded and Adults (Voluntary

Organisations) in relation to the Barnet Community Advice Bureau

contract. (Paragraph 9.15.1)

·         £0.328m is requested within Adults to transfer from non-employee costs to employee costs. There is a nil impact within the Adults Directorate. (Paragraph 9.15.1)

·         £0.086m is requested within Insurance in order to carry out a budget

realignment following the restructure as set out in DPR No 1984 "People

Changes for Commissioning Group". (Paragraph 9.15.1)

13. That the following debt write offs should be noted:

·         Housing debts of £0.493m and £0.303m for Housing Revenue Accounts and General Fund respectively have been written off by the Head of Customer Service and Head of Finance at Barnet Homes Ltd. (Paragraph 9.16.1)

·         Private Sector Tenancy Scheme’s unrecoverable rent and deposits individually under £0.005m and totalling £1.738m have been written off

under Delegated Powers (DPR ref 2060). (Paragraph 9.16.2) Special Parking Account debt write offs of £3.841m have been written off under Delegated Powers (DPR ref 2065). (Paragraph 9.16.3)

14. That the following inflation transfers from contingency for 2013/14 and on-going be approved (Paragraph 9.17.1):

·         £0.066m for DRS

·         £0.329 for NSCSO

15. That the spend of £7.183m on the contract with the One Barnet Implementation Partner (Agilisys / Impower) for the period up to the end of April 2013 be noted.

16. That the following transfers to and from the Transformation reserve be approved:

·         £1.734m from the Transformation Reserve to fund the additional expenditure on ‘Wave 1’ of the One Barnet Transformation Programme. (Paragraph 9.18.13)

·         £1.000m from the Health and Social Care Integration Project to the Transformation Reserve. (Paragraph 9.18.13)

17. That the re-allocation  ...  view the full minutes text for item 7.

For the reasons set out in the Cabinet Member’s report,

RESOLVED

1. That the Contract Procedure Rules relating to extensions and variations be

waived to allow:

2. The regularisation and continuation of appointments for the consultants and

legal advisors for the relevant regeneration schemes:

AECOM - Dollis Valley

CBRE - Mill Hill

CBRE - Brent X & Cricklewood

CBRE - Dollis Valley

DLA Piper

Eversheds

Paul McDermott

Turner & Townsend

Urban Practitioners

Renassi

Paul Winter & Co

Nabarro

3. The continuation of arrangements for services to the Hendon Cemetery and

crematorium as detailed in Appendix A, table 1, until transition to new DRS

provider.

4. To authorise time extension for the contracts listed in Appendix B, Table 1,

until superseded by new contract arrangements.

5. To authorise the continued use of the two contractors listed in Appendix B,

Table 2 until superseded by contract.

6. To authorise the purchase of bespoke park and street furniture for the purpose of design continuity, until the agreements are formalised.

7. That approval be given for Officers to proceed with the Streetscene contract

procurement activity for the 2013/14 financial year as set out in Appendix C of this report, subject to budget availability.

For the reasons set out in the Cabinet Member’s report,

RESOLVED

That the Committee takes into account the information contained in the public and the exempt reports, including the additional report, and authorises the sale of the Council’s freehold interest in this site to Montclare Limited on the terms set out in the exempt report.

For the reasons set out in the Cabinet Member’s report,

RESOLVED

The Committee delegate authority to The Director of Place to:

1. Adopt the Transport for London’s (TfL) Highways Alliance Contract

(LoHAC) as a method for delivering the highways maintenance services

currently provided through the existing maintenance contracts, at the

earliest opportunity.

2. Award a “call off” LoHAC contract with Conway AECOM for the highway

maintenance services and activities listed in Appendix 3 of this report for

a period up to 8 years, ending on 31 March 2021.

3. Consult with the Cabinet Member for Environment finalize the terms of

the call off contract including all agreements, details of the contract, the

contract Bond, Notices, Certificates, Letters and other documents.

4. Set up a dedicated contract team to coordinate all LoHAC works and

provide a consistent approach to contract administration, performance

management and training and ensure the expected efficiencies are

delivered.

5. Terminate the current two highway maintenance contracts before their

expiry on 31 March 2014, with effect from 31st December 2013.

For the reasons set out in the Cabinet Member’s report,

RESOLVED

That the Committee:

1. authorise the extension of separate contracts with suppliers in categories A and B (identified in the table at 6.1.1 of the report) to allow sufficient time for procurement activity to be completed;

2. authorise waivers of Contract Procedure Rules to enable regularisation of contracts and extension of contracts for a second time, referred to at paragraph 1 above;

3. authorise two competitive tender exercises in 2013/14 for the provision of specialist coffee supplies and soups and smoothies to the values of £60,000 and £37,500 respectively over three years, from 1 December 2013, as outlined in category C and paragraphs 9.5 and 9.6 of the report;

4. authorise expenditure on a call-off contract from a Framework Agreement procured via ESPO for the provision of Kosher and Halal provisions for a period of two years from 1 October 2013 – 30 September 2015 with a further possible two year extension, as outlined in category C;

5. regularise and extend the use of call-off contracts from: (i) a Framework Agreement let by the LCSG for specialist frozen foods from 1 January 2013 – 31 December 2016, (ii) the ESPO Catering Disposables Framework Agreement from 1 October 2011 – 30 October 2015; and (iii) the ESPO Framework Agreement for catering equipment and cleaning materials from 1 April 2013 – 30 March 2015, as outlined in category D;

6. authorise expenditure and regularise existing arrangements on the purchase of a range of miscellaneous catering equipment for a period of up to two years from 1 April 2013 – 30 March 2015 as set out in category E;

7. authorise expenditure on and accept single source suppliers for a period up to two years from 1 April 2013 – 30 March 2015 as set out in category F;

8. authorise expenditure on learning and development from approved core budget allocation and central government grant funding streams as set out in table 6.1.2.

For the reasons set out in the Cabinet Member’s report,

RESOLVED

That the Committee:

1. Waive Contract Procedure Rules to enable the contracts identified in section 6.10 of this report to be extended for a period of 8 months;

2. Authorise a further 6 month extension of the contracts identified in 6.10 from 1 April 2014 to 30 September 2014, if required, to enable sufficient time to develop suitable alternative arrangements;

3. Authorise that the Council enter into new contractual arrangements with three providers of semi-independent accommodation for a period of 8 months, with authorisation for a further 6 month extension from 1 April 2014 to 30 September 2014, if required, to enable sufficient time to develop suitable alternative arrangements;

4. Authorise that the Council procure a framework for accommodation for children in care and young people leaving care in 2013/14 financial year up to the value of £6,000,000;

5. Authorise that the Council enter into a new contractual arrangement with one provider of residential placements for children in care for a period of 3 years.

For the reasons set out in the Cabinet Member’s report,

RESOLVED

That the Committee approve the award of the Young People’s Drug and Alcohol contract to The Tavistock and Portman NHS Foundation Trust subject to the completion of all necessary legal and other documentation, for 33 months, commencing from 1 July 2013 to the value of £600,435.

For the reasons set out in the Cabinet Member’s report,

RESOLVED

That the Committee:

1. Accept and provide authority to call off the jointly commissioned West London Alliance framework for IFA placements, led by London Borough of Hillingdon, for a period of 4 years.

2. Authorise that London Borough of Barnet enter into an access agreement with London Borough of Hillingdon to enable this.

3. Authorise the variation of any relevant existing contracts needed to comply with the requirements of this framework.

For the reasons set out in the Cabinet Member’s report,

RESOLVED:

1. That the proposal from The Fremantle Trust, dated 6 May 2013, in respect of the future operation of the residential and day care contract is accepted and in this regard that the Council:

a)    Enters in to a contract with The Fremantle Trust which reflects the content of their proposal. The contract to be for a minimum period of 10 years with an option to extend up to the termination of the leases on each care home.

b)    By mutual agreement with The Fremantle Trust terminates the novated care contract on the same date the new contract is entered into.

c)    Accepts the surrender of the existing sub-leases, previously granted to The Fremantle Trust, and enters into new sub-leases with The Fremantle Trust, the terms of the new sub-leases to include a term requiring the Fremantle Trust to comply with repairing obligations which have been imposed upon the Council pursuant to the headlease between Catalyst and the Council.

d)    Works with The Fremantle Trust and current day care service users to facilitate the development of a range of services which meet the needs of those users.

e)    Makes provision within the revised contract to enable other service developments to be progressed to meet the changing needs of users and the Council.

For the reasons set out in the Cabinet Member’s report,

RESOLVED

That the Committee note the action of the Adults and Communities, Director under Delegated Powers, to waive Contract Procedure Rule 6 and Table 6-1 (pursuant to Contract Procedure Rules 5.7 and 5.8) with respect to the requirement for two (2) quotations to be returned and to award a contract to the Alzheimer’s Society (Barnet & Haringey) to operate a dementia café and peer support service.

For the reasons set out in the Cabinet Member’s report,

RESOLVED

That the Committee authorise a waiver of the Contract Procedure Rules and approve the Council entering into an interim contract with Capita up to a value of £14.7m to secure the business critical activities detailed in Section 9 of the report in order that the Council can continue to provide effective services. The arrangement will be in place until 31st January 2014 or until the outcome of the appeal is known when the interim contract will either be replaced by the full NSCSO contract with Capita or a review carried out to ascertain future options will be undertaken.

For the reasons set out in the Cabinet Member’s report,

RESOLVED

That the Committee approve the extensions to the existing contracts as identified in Appendix A, valued at cost £2,125,264.

RESOLVED

That under Section 100A (4) of the Local Government Act 1972 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 9 of part 1 of Schedule 12A of the Act (as amended).

RESOLVED

That the exempt information set out that relates to the item for consideration at the meeting in public session be noted.

RESOLVED

That the exempt information, including the addendum in supplementary papers, set out that relates to the item for consideration at the meeting in public session be noted.

RESOLVED

That the exempt information set out that relates to the item for consideration at the meeting in public session be noted.

RESOLVED

That the exempt information set out that relates to the item for consideration at the meeting in public session be noted.

RESOLVED

That the exempt information set out that relates to the item for consideration at the meeting in public session be noted.

RESOLVED

That the exempt information set out that relates to the item for consideration at the meeting in public session be noted.

RESOLVED

That the exempt information set out that relates to the item for consideration at the meeting in public session be noted.