Agenda item

EXEMPT ITEMS

The following are unrestricted minutes of matters which Cabinet resolved  under Section 100A of the Local Government Act 1972, the press and public should be excluded from the meeting for on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act.

– report by Mrs Sarah Hohler, Cabinet Member for Children, Families & Education Directorate and Mr Malcolm Newsam, Interim Managing Director, Children, Families & Education Directorate. (Mr Grahame Ward, Director of Resources, CFE and Rebecca Spore, Head of BSF, PFI and Academies Team were present for this item)

(1)       This report sought approval of the affordability position, the submission of the Final Business Case and approval to enter into the necessary contracts, including the Design and Build and ICT Contracts for the Isle of Sheppey Academy. The report also detailed the process and programme leading to the signing of construction contracts with the anticipation the school would be ready for opening from January 2013.  

(2)       The report also provided an analysis of the key risks and implications for the Council of a number of factors and these included the costs of dealing with contamination and asbestos removal not identified in the surveys already undertaken, archaeological discoveries, judicial review and the need for the Council to consider its position as contract signature approaches.  The report also said that a project contingency had been put in place should asbestos be found during the demolition phases and that would assist with how such materiel would be dealt with. The report also highlighted what contractural liabilities the Council could incur should for any reason the project not reach the stage of contract signature.

(3)       During the course of discussion and in answer to a question from Mrs Hohler it was confirmed by officers that there was a robust process in place covering what would be done in the event of any asbestos being found during the demolition phase and how costs to deal with this materiel would be apportioned. 

(4)       Following further discussion Cabinet resolved:

(a) that agreement be given to the Final Business Case for the Isle of Sheppey Academy (Wave 4) being submitted for final departmental approval by Partnership for Schools, the Department of Education and the Treasury;

(b) following a recommendation from the Managing Director, CFE, Capital Programme and Infrastructure, the Head of PFI/PPP in consultation with the Leader of the Council be authorised to agree final contractual terms, provided the affordability gap to KCC did not exceed that detailed in the Cabinet report.

(c) the Director, CFE, Capital Programme and Infrastructure, and the Head of PFI/PPP in consultation with the Director of Law and Governance be authorised to enter into all necessary contracts/ agreements on behalf of the County Council, following approval of the final contractual terms as set out in (ii) above.

(d) the Head of PFI/PPP be authorised on behalf of the County Council to be its nominated Authority Representative within the relevant agreements and to enter into variations as envisaged under the contracts.