Minute 783 (Confidential Report circulated separately, Cabinet Agenda Item No.18 refers)

Called in by Councillors R Woodley and M Terry

(Also called-in to the People Scrutiny Committee)

The Committee considered Minute 783 of Cabinet held on 12^th March 2019, which had been called in to scrutiny, together with a confidential appendix to the report of the Deputy Chief Executive (People).

Resolved:-

That the following decision of Cabinet be noted:-

“That the confidential appendix, be noted.”

Note: This is an Executive Function

Cabinet Members: Cllrs Boyd, Cox and Moring

Minute 770 (Report circulated separately, Agenda Item No.5 refers)

Called in by Councillors R Woodley and M Terry

(Also called-in to the People Scrutiny Committee)

The Committee considered Minute 770 of Cabinet held on 12^th March 2019, which had been called in to scrutiny, together with a report of the Deputy Chief Executive (People) which provided an update on the procurement for the preferred bidder to create a Joint Venture Partnership (JV) to deliver the Council’s Passenger Transport Service.

The Committee received a detailed briefing note responding to issues which had been raised at the People Scrutiny Committee held on 9^th April 2019.

The Committee was advised that the People Scrutiny Committee held on 9^th April 2019 had referred the matter back to Cabinet for reconsideration.  However, the decision to refer the matter back was then referred up to Council, pursuant to Council Procedure Rule 39.

Resolved:-

1. That the decisions of Cabinet, as set out in 1-5 below and the Recommendation as set out in 6 below, be noted:

“1. That the selection of the preferred bidder as detailed in the Part 2 report be confirmed and that a Joint Venture Partnership (JV) be established with the preferred bidder for a period of 10 years with an option to extend for a further 5 years.

2. That the Council’s annual contribution to the JV of £1.8M, be approved.

3. That the proposed additional community benefits as detailed within the Part 2 report, be approved.

4. That the additional financial arrangements as set out in the Part 2 report, be approved.

5. That the Strategic Director (Transformation), in consultation with the Deputy Chief Executive (People) and the Strategic Director (Finance and Resources) be authorised to:

a) Negotiate and settle the final details of the contractual obligations and responsibilities of each party which will be formalised and documented within a Partnership Agreement and further legal documents that are ancillary to this;

b) Take decisions associated with the creation of the JV (including organisational structure, Council representation and the appointment of directors) to ensure agile and timely decision making keeping the implementation of the JV to timetable and protecting the Council’s position;

c) Finalise and complete any ancillary agreements or documents necessary to give effect to the constitution, implementation and functioning of the JV company in accordance with the submitted report and its appendices.”

Note: This is an Executive Function save that Recommendation in 6 above is a Council Function.

Cabinet Members: Cllrs Boyd, Cox and Moring

Minute 770 (Report circulated separately, Cabinet Agenda Item No.5 refers)

Called in by Councillors A Jones, M Dent, R Woodley and M Terry

(Also called-in to the Policy & Resources Scrutiny Committee)

The Committee considered Minute 770 of Cabinet held on 12^th March 2019, which had been called in to scrutiny, together with a report of the Deputy Chief Executive (People) which provided an update on the procurement for the preferred bidder to create a Joint Venture Partnership (JV) to deliver the Council’s Passenger Transport Service.

The Committee asked a number of questions about the report and the Cabinet Member for Infrastructure agreed to provide further information on the delivery and operation of the passenger transport services, in particular, home to school transport service (number of vehicles & numbers to be transported).

Resolved:-

1.     That the decisions of Cabinet, as set out in 1-5 below and the recommendation as set out in 6 below, be referred back to Cabinet for reconsideration. However the decision to refer the matter back was then referred up to Council, pursuant to Council Procedure Rule 39 (see Resolution 2 below):-

“1. That the selection of the preferred bidder as detailed in the Part 2 report be confirmed and that a Joint Venture Partnership (JV) be established with the preferred bidder for a period of 10 years with an option to extend for a further 5 years.

2. That the Council’s annual contribution to the JV of £1.8M, be approved.

3. That the proposed additional community benefits as detailed within the Part 2 report, be approved.

4. That the additional financial arrangements as set out in the Part 2 report, be approved.

5. That the Strategic Director (Transformation), in consultation with the Deputy Chief Executive (People) and the Strategic Director (Finance and Resources) be authorised to:

a) Negotiate and settle the final details of the contractual obligations and responsibilities of each party which will be formalised and documented within a Partnership Agreement and further legal documents that are ancillary to this;

b) Take decisions associated with the creation of the JV (including organisational structure, Council representation and the appointment of directors) to ensure agile and timely decision making keeping the implementation of the JV to timetable and protecting the Council’s position;

c) Finalise and complete any ancillary agreements or documents necessary to give effect to the constitution, implementation and functioning of the JV company in accordance with the submitted report and its appendices.

Note: This is an Executive Function save that Recommendation in 6 above is a Council Function.

Cabinet Members: Cllrs Boyd, Cox and Moring

Minute 783 (Confidential Report circulated separately, Cabinet Agenda Item No.18 refers)

Called in by Councillors A Jones, M Dent, R Woodley and M Terry

(Also called-in to the Policy & Resources Scrutiny Committee)

The Committee considered Minute 783 of Cabinet held on 12^th March 2019, which had been called in to scrutiny, together with a confidential appendix to the report of the Deputy Chief Executive (People).

Resolved:-

That the following decision of Cabinet be noted:-

“That the confidential appendix, be noted.”

Note: This is an Executive Function

Cabinet Members: Cllrs Boyd, Cox and Moring

The Cabinet considered a report of the Deputy Chief Executive (People) providing an update on the procurement for the preferred bidder to create a Joint Venture Partnership (JV) to deliver the Council’s Passenger Transport Service.

Resolved:

1. That the selection of the preferred bidder as detailed in the Part 2 report be confirmed and that a Joint Venture Partnership (JV) be established with the preferred bidder for a period of 10 years with an option to extend for a further 5 years.

2. That the Council’s annual contribution to the JV of £1.8M, be approved.

3. That the proposed additional community benefits as detailed within the Part 2 report, be approved.

4. That the additional financial arrangements as set out in the Part 2 report, be approved.

5. That the Strategic Director (Transformation), in consultation with the Deputy Chief Executive (People) and the Strategic Director (Finance and Resources) be authorised to:

a) Negotiate and settle the final details of the contractual obligations and responsibilities of each party which will be formalised and documented within a Partnership Agreement and further legal documents that are ancillary to this;

b) Take decisions associated with the creation of the JV (including organisational structure, Council representation and the appointment of directors) to ensure agile and timely decision making keeping the implementation of the JV to timetable and protecting the Council’s position;

c) Finalise and complete any ancillary agreements or documents necessary to give effect to the constitution, implementation and functioning of the JV company in accordance with the submitted report and its appendices.

Recommended:

Reasons for decision:

The Council has a statutory duty to provide the passenger transport service.  The JV approach is the best delivery model to achieve sustainable transport provision for the Council and offers transparency of costs, visibility of profits and the ability for the Council to have joint control in the delivery of the service.

Other options:

Do nothing – This option has been rejected because there is an ongoing, statutory need for this service.  To allow existing arrangements to continue without an agreed contract established would place the Council in a non-compliant position, and the continuation of an ‘in-house’ service would require significant capital investment in the Council’s fleet.

Note: This is an Executive Function save that Recommendation in 6 above is a Council Function.

Eligible for call-in to: All three Scrutiny Committees

Cabinet Members: Cllrs Boyd, Cox and Moring

The Cabinet considered a report of the Deputy Chief Executive (People) providing an update on the procurement for the preferred bidder to create a Joint Venture Partnership (JV) to deliver the Council’s Passenger Transport Service.

Resolved:

1. That the selection of the preferred bidder as detailed in the Part 2 report be confirmed and that a Joint Venture Partnership (JV) be established with the preferred bidder for a period of 10 years with an option to extend for a further 5 years.

2. That the Council’s annual contribution to the JV of £1.8M, be approved.

3. That the proposed additional community benefits as detailed within the Part 2 report, be approved.

4. That the additional financial arrangements as set out in the Part 2 report, be approved.

5. That the Strategic Director (Transformation), in consultation with the Deputy Chief Executive (People) and the Strategic Director (Finance and Resources) be authorised to:

a) Negotiate and settle the final details of the contractual obligations and responsibilities of each party which will be formalised and documented within a Partnership Agreement and further legal documents that are ancillary to this;

b) Take decisions associated with the creation of the JV (including organisational structure, Council representation and the appointment of directors) to ensure agile and timely decision making keeping the implementation of the JV to timetable and protecting the Council’s position;

c) Finalise and complete any ancillary agreements or documents necessary to give effect to the constitution, implementation and functioning of the JV company in accordance with the submitted report and its appendices.

Recommended:

Reasons for decision:

The Council has a statutory duty to provide the passenger transport service.  The JV approach is the best delivery model to achieve sustainable transport provision for the Council and offers transparency of costs, visibility of profits and the ability for the Council to have joint control in the delivery of the service.

Other options:

Do nothing – This option has been rejected because there is an ongoing, statutory need for this service.  To allow existing arrangements to continue without an agreed contract established would place the Council in a non-compliant position, and the continuation of an ‘in-house’ service would require significant capital investment in the Council’s fleet.

Note: This is an Executive Function save that Recommendation in 6 above is a Council Function.

Called-in to: People Scrutiny Committee and Policy and Resources Scrutiny Committee

Cabinet Members: Cllrs Boyd, Cox and Moring