Issue - decisions

EK Services Strategic Service Delivery Options and Potential for Contracting out of certain functions

04/10/2017 - EK Services Strategic Service Delivery Options and Potential for Contracting out of certain functions

Cabinet agreed the following:

 

(1)  To approve the business case for entering into a strategic partnership and contract for the delivery of the Revenues, Benefits and Customer Services functions and to request the East Kent Services Committee to give effect to the recommendation;

 

(2)  To the extent that they are not already authorised to do so, the East Kent Services Committee be authorised to discharge the following functions and delegations on behalf of the Council:-

 

(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;

 

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

 

(e)  To authorise the doing of anything incidental to, conducive to or otherwise expedient in connection with (a) to (d) above.