Agenda and minutes

To receive any apologies for absence.

Apologies for absence had been received from Councillor Fairbrass and apologies for lateness received from Councillor S Cook.

The Chairman to report any notifications received prior to this meeting regarding the attendance of substitutes for the named Members of this committee.

There were no substitutes for the meeting.

Following the appointment in October of Councillor Morris as the new Leader of Dover District Council he will replace former Councillor Watkins as the Vice-Chairman of this Committee.

In accordance with the operating arrangements, it was confirmed that Councillor Morris would be Vice Chairman for the rest of municipal year 2017/18.

No declarations of interests were received from councillors or officers.

TO CONSIDER the report of the Director of Shared Services (East Kent Services)

Note that the business case and its annexes are included in the agenda for information (annexes B, B1 and D are included at part two of the agenda).

The Director of Shared Services introduced the report which requested the approval of the onward delegation to the Director of Shared Services and Director of Collaborative Services of the powers and functions listed in the report, in order to enable contract negotiation to proceed. A report would be submitted to the Committee in the future seeking their consideration and approval of final contract terms.

The Chairman drew attention to the options which were set out in the report and invited the committee to ask questions and make comments.

The recommendations in the report were proposed, seconded and unanimously agreed.

RESOLVED:

1)  To note that the attached report has been considered and approved by each of the Cabinets of Thanet District Council and Dover District Council, and both the Policy and Resources Committee and the Canterbury City Council

2)  To accept the requests of the above Cabinets and Council that the East Kent Services Committee should discharge the powers and functions of the Councils to:

a)  Acting in consultation with the chief legal officer of the Council*, to authorise entry into contracts with third parties in relation to the discharge of all or any of the Revenues, Benefits and Customer Services Functions, including the granting of interests in land.

b)  To exercise the powers and functions of the Council in relation to any contract entered into by the Council pursuant to (2)(a) above, (to include but not be limited to) making decisions on behalf of the Council in relation to:-

i)  Contract management

ii)  Renegotiation of the contract (acting in consultation with the chief legal officer of the Council)*

iii)  Variation of the contract (acting in consultation with the chief legal officer of the Council)*

iv)  Assignment of the contract (acting in consultation with the chief legal officer of the Council)*

v)  Novation of the contract (acting in consultation with the chief legal officer of the Council)*

vi)  Termination of the contract (acting in consultation with the chief legal officer of the Council)

vii)  Renewal of the contract (acting in consultation with the chief legal officer of the Council)*

viii)Enforcement of the contract including the making and settling of any claims arising under it (whether or not legal proceedings are actual or contemplated)

*the contracts shall be entered into in accordance with each local authority’s respective Contract Standing Orders.

c)  To authorise the doing of anything in relation to the exercise of the powers and functions of the Council under Part ll of the Deregulation and Contracting Out Act 1994 and the orders and regulations made under it.

d)  Acting in consultation with the chief legal officer of the Council to authorise entry into contracts* with third parties in relation to any functions of the Council which are not the Revenues, Benefits and Customer Service Functions but which can usefully be entered into in connection with or in order to facilitate contracts entered into, or to be entered into with regard to the Revenues, Benefits and Customer Service Functions.  ...  view the full minutes text for item 5.

TO NOTE annexes B, B1 and D of the business case.

(The annex contains information the disclosure of which is likely to prejudice the commercial interest of both the Council and other bodies (s. 43 Freedom of Information Act 2000). The Council considers that at present the public interest in maintaining the exemption outweighs the public interest in disclosing it. Paragraph 3 of schedule 12A of the Local Government Act 1972 also applies.)

The information was borne in mind when the decision was made at minute 5.