Cabinet Member decisions

Decisions published

01/07/2020 - 20/00033 - UPDATED - Inward Investment Services ref: 2364    For Determination

Background:

 

Kent County Council is seeking to extend the existing Inward Investment Services contract with Locate in Kent for the period 1 August 2020 to 31 July 2021. The current contract with Locate in Kent commenced in August 2016 and runs until 8 August 2020.

 

The existing contract was originally awarded for 3 years to August 2019 with an option to extend for a further 12 months. That extension has already been taken. The overall value of the current contract to August 2020 is £4,262,488.

 

The Inward Investment Service will deliver, alongside Kent County Council and Medway Council, specific outcomes that contribute to economic development in Kent and Medway. These are:

·         More investment opportunities from overseas markets

·         Increased supply chain benefits for local businesses

·         More inward investment in Kent and Medway

·         Raised profile as a destination for inward and foreign direct investment. 

 

The purpose of the service will be to promote and raise the profile of Kent and Medway as an attractive business investment location for UK and foreign-owned businesses relocating and expanding within and into the county, and to create jobs from successful company investments.

 

Since August 2016, the Inward Investment Service has been funded by Kent County Council, Medway Council and the European Structural and Investment Funds (ESIF) Growth Programme, which is administered by the Ministry for Housing, Communities and Local Government (MHCLG). In March 2020, MHCLG approved an application by Kent County Council for continued ESIF funding to support the Inward Investment Service for Kent and Medway to March 2023. Both KCC and Medway Council have already confirmed funding to March 2023.

 

A key condition of ESIF funding is that all service contracts are procured in accordance with the requirements of the Public Contracts Regulations (PCR) 2015. This means that the inward investment service would need to be re-procured so that a new contract could commence in August 2020.

 

The procurement process had already commenced in January 2020 with the publication of the Prior Information Notice. The intended procurement timeline for the new contract is set out below:

 

Stage

Timescale

Prior Information Notice

January 2020

Specification Development

October 2019 – February 2020

Tender and Contract Documentation

OJEU Advert Placed

March 2020

Call for Competition and Selection Questionnaire

March 2020

Tender Issue

April 2020

Tender Return

May 2020

Tender Evaluation and Negotiations 

May 2020

Contract Award

June 2020

Contract Mobilisation

June – July 2020

Contract Commences

August 2020

 

 Following the Call for Competition in March 2020, we received three expressions of interest from prospective providers. The Invitation to Tender was due to be issued in the first week of April, However, the Covid19 emergency has meant that KCC’s procurement resources have been diverted towards supporting the procurement of health services and supplies associated with the pandemic. This has resulted in significant delays to the procurement process for the inward investment service, which has yet to resume.

 

The likelihood that procurement of the inward investment service would not be completed until much later in the year was brought to the attention of MHCLG in March 2020. At the request of MHCLG, the County Council commissioned Invicta Law to provide a legal opinion as to whether an extension to the current contract with Locate in Kent would be consistent with Regulation 72(1) of PCR 2015 and with Procurement Policy Note 1-20 (Response to Covid19) issued by the Cabinet Office in March 2020. Following the advice given by Invicta Law, on 30 April 2020 MHCLG agreed to allow an extension of 12 months to the current contract with Locate in Kent.

 

The extended inward investment services contract will be to 31 July 2021 and will cost £1,060,000. The contract will be funded by KCC, Medway Council and the ESIF Growth Programme.  

 

The service will aim to promote and raise the profile of Kent and Medway as a business location with the aim of attracting new investment from Kent, UK and overseas businesses, creating jobs and economic prosperity. Contracted outputs for the period 1 August 2020 to 31 July 2021 will be 1,400 new jobs from SMEs and non-SMEs and 50 successful projects. There will be specific outputs for the ESIF-funded part of the project to provide consultancy support to SMEs and to create new jobs, which are included within the overall 1,400 target. 

 

Options considered:

 

Two options were considered in addition to a Do Nothing option:

 

·         Doing nothing. This would mean having no further external service commission after the cessation of the current contract with Locate in Kent, and no in-house provision within KCC. This would provide significant financial savings to KCC. However, because there is currently no comparable business support service in Kent and Medway, this would result in a failure to capitalise on opportunities for growth in the local economy and job creation. It would also result in loss of funding support from Medway Council and the ESIF Growth Programme.

 

·         Option 1 – Do minimum. This would mean establishing for the first time a bespoke, outward-facing business support service based in KCC. Although currently KCC does not have the expertise in-house to provide the specialised, face-to-face support that businesses want, this would potentially deliver cost savings to the County Council. However, it is unlikely to attract financial support from Medway Council, the ESIF programme and the private sector. There would also be TUPE implications of transferring staff from the current supplier to KCC.

 

·         Option 2 – Preferred option. This is to extend the contract for 12 months from 1 August in line with PCR 2015 Regulation 72(1), ceasing the current procurement process until early 2021 and allowing up to six months to re-tender with adequate mobilisation periods should the existing supplier change. Prospective suppliers who have submitted Selection Questionnaires will be formally notified by KCC’s Strategic Commissioning team about the halt in the procurement process due to the Covid19 pandemic. They will be advised as to the revised indicative procurement timescales and contacted when the new advert is published. The award of a new contract for the period August 2021 to March 2023 will require a Key Decision.

 

How does the proposed decision meet the objectives of ‘Increasing Opportunities, Improving Outcomes: Kent County Council’s Strategic Statement (2015-2020)’?

 

The project supports KCC’s Strategic Outcome 2 (Kent communities feel the benefits of economic growth by being in work, healthy and enjoying a good quality of life). It also supports the following themes that influence the achievement of Outcome 2 (Planning for Growth, Investing in our Infrastructure, Standing up for Kent and Smart Places).

 

The project is consistent with the emerging draft of Kent’s Economic Recovery Plan, which recognises the need to support businesses in the return to growth including through focussed efforts on place marketing, sector specific support and supply chain development and support for innovation.

Decision Maker: Cabinet Member for Economic Development

Decision published: 01/07/2020

Effective from: 09/07/2020

Decision:

As Cabinet Member for Economic Development, I agree to extending the current inward investment services contract with Locate in Kent for the period 1 August 202 to 31 July 2021

Division affected: (All Division);

Lead officer: Dave Hughes


30/06/2020 - 20/00019 - Dartford Youth Centre ref: 2363    For Determination

Background:

 

Kent County Council (KCC) has a long ground lease interest in a site known at Dartford Youth Centre (DYC). The land is located in the Temple Hill area of Dartford. The land upon which DYC is built; is owned by Dartford Borough Council (DBC) who is landlord to the County Council.

 

The centre requires complete refurbishment to bring it into reasonable repair. Most of the property has been occupied by a private gym operator who wishes to take a long lease of the entire property. The present operator wishes to take a long lease to enable it raise funds for refurbishment.

 

 

Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Decision published: 30/06/2020

Effective from: 08/07/2020

Decision:

The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services agrees to:

 

-    Sublease the Dartford Youth Centre to Europa Weightlifting Club for a period of 30 years; and

 

-    Delegate authority to the Director of Infrastructure to take relevant actions, including but not limited to, entering into necessary contracts as required to implement this decision.

 

Division affected: Dartford North East;


30/06/2020 - 20/00054 - Extension of TFM contract ref: 2362    For Determination

Background

The current TFM (Total Facilities Management) contracts with Amey and Skanska expire in October 2021. Prior to March the Council was at the initial market testing stages of finalising the scope and approach for the procurement of new facilities management services when the existing contracts came to an end. To meet this timetable the competition was due to start in June/July, COVID-19 has had a significant impact on the wider market and whilst there remains a strong interest from the market, in order to ensure that the Council has the strongest position, it is prudent to delay the start of the re-procurement to allow the market position to stabilise.

Reason for the decision

 

The decision is needed to ensure that KCC properties continue to receive Facilities Management Services, including for example, maintenance, cleaning, security and statutory compliance. The cost of the extension will exceed £1million and is outside of the original delegated authority envisaged under the original contracts.

 

Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Decision published: 30/06/2020

Effective from: 08/07/2020

Decision:

The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services agrees to a conditional extension for the current Total Facilities Management Service Contracts for East, Mid and West to mitigate the service gap as a result of the COVID-19 delay to the re-procurement of Facilities Management contract – finalisation of terms and authority to enter into relevant contracts and other legal agreements to be delegated to the Director of Infrastructure.

 

Division affected: (All Division);

Lead officer: Karen Ripley


24/06/2020 - 20/00057 - Microsoft 365 licensing agreement (s) contract award ref: 2361    Recommendations Approved

Background:

 

KCC entered into an Enterprise Licensing Agreement with Microsoft via its reseller in June 2018 for three years. Since the contract was awarded Microsoft have made available a discounted licencing arrangement over a new 3 year term. This agreement provides access to a variety of M365 applications, tools and modules which are essential to supporting the Councils business operations. As part of this arrangement the Council will be able to take advantage of enhanced licensing which is critical to support its COVID -19 response including a transition from Skype to Teams and enhancing the security of KCC’s infrastructure.

Decision Maker: Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services

Decision published: 24/06/2020

Effective from: 02/07/2020

Decision:

The Deputy Leader and Cabinet Member for Finance, Corporate and Traded Services agrees to enter into a new Microsoft licensing agreement for 3 years to meet KCC business and Infrastructure licensing requirements – delegation to Director of Infrastructure for the necessary contractual negotiations and authority to enter into any legal agreements.

 

Lead officer: Andrew Cole


24/06/2020 - 20/00053 - Proposal to increase the Designated Number of places at Broomhill Bank School, Broomhill Road, Royal Tunbridge Wells, Tunbridge Wells, TN3 0TB from 210 to 318 places from September 2020 ref: 2360    Recommendations Approved

Background Information:

 

KCC, as the Local Authority (LA), has a statutory duty to ensure sufficient school places are available.  This duty applies to Special Educational Needs (SEN) provision, as well as mainstream settings.  The County Council’s Commissioning Plan for Education Provision in Kent 2020-24 is a five-year rolling plan which is updated annually. It sets out KCC’s future plans as Strategic Commissioner of Education Provision across all types and phases of education in Kent.  A copy of the plan can be viewed from this link:

http://www.kent.gov.uk/about-the-council/strategies-and-policies/education-skills-and-employment-policies/education-provision

 

The Commissioning Plan highlights the SEN place pressure that Kent has experienced, with the number of Education Health and Care Plans (EHCPs) increasing significantly in recent years.  The most prevalent and fastest growing need type is ASD (Autistic Spectrum Disorder) and data indicates that 40% of children and young people aged 0-25 years with EHCPs have ASD as their primary need type. 

 

The demand for ASD places at Broomhill Bank School has increased commensurately, with strong parental preference. Broomhill Bank has a Designated Number of 210, but there is pressure for the school to accept additional pupils to meet demand in both West and North Kent.  The Broomhill Bank Governing Body, with support from KCC, is proposing to increase the school’s Designated Number from 210 to 318 places from September 2020. 

 

Feasibility work and curriculum analysis has been undertaken across both school sites to ensure the school can meet the needs of the additional number of pupils proposed.  This work indicates that the school will need increased classroom provision, car parking and school access changes; alongside enhancement of existing sports provision at the Broomhill Bank North site at Swanley, and additional sports provision at the West site in Tunbridge Wells. Additional modular accommodation will be required on both the West and North sites as well as internal reconfiguration within existing buildings.

Decision Maker: Cabinet Member for Education and Skills

Decision published: 24/06/2020

Effective from: 02/07/2020

Decision:

The Cabinet Member for Education and Skills is asked to:

 

a)    increase the Designated Number of places at Broomhill Bank School, Broomhill Road, Royal Tunbridge Wells, Tunbridge Wells, TN3 0TB from 210 to 318 places from September 2020.

 

b)    agree to fund the expansion from the CYPE Basic Need Capital Budget.

 

c)    authorise the expenditure of up to £2m to deliver the additional accommodation required for the first phase of building works, required for the School Year commencing in September 2020.

 

d)    delegate authority to the Corporate Director for Children, Young People and Education to take necessary actions, including but not limited to entering into necessary contracts or taking other legal actions as required to implement the decision.

 

Division affected: Swanley; Tunbridge Wells West;

Lead officer: Nick Abrahams


24/06/2020 - 20/00037 - Elective Home Education (EHE) Policy ref: 2359    Recommendations Approved

Background Information:

 

KCC formalised its Elective Home Education (EHE) Policy in 2015. It is administered by Fair Access in CYPE. Kent children can quickly get the right support to ensure their educational needs are met at the earliest opportunity be that advice and signposting for home educating families or direct action to assist them in securing a school where they have had difficulties with this.  Since 2015 the numbers have grown from 1622 in the 2015/16 academic year to 2690 in the 2018/19 academic year. There is a National trend in growth and Kent has the highest numbers in the country. It is 5 years since the Policy was last reviewed and this updated version reflects the most recent government guidance in this area of work.

 

Decision Maker: Cabinet Member for Education and Skills

Decision published: 24/06/2020

Effective from: 02/07/2020

Decision:

The Cabinet Member for Education and Skills is asked to agree the revised County EHE Policy. The revised County EHE Policy reflects the changes made to departmental guidance issued by the Department for Education and prepares the way for any legislative changes which may be introduced in the near future.

 

Division affected: (All Division);


12/06/2020 - 20/00061 - Infection Control Fund ref: 2358    Recommendations Approved

Proposed decision – As Cabinet Member for Adult Social Care and Health, I agree that:

i) Kent County Council accepts the Infection Control Fund grant (£18.88m) under the terms set out by the government.
ii) 75% of the Infection Control Fund received from central government (£14.16m) is made available to all registered care home beds in Kent based on the number of registered beds..
iii) In line with the terms set out by the government, the money will be paid to each provider in two equal instalments upon the provider entering into a legally binding commitment to:
(a) Complete and update the national capacity tracker
(b) Only spend the money for infection control purposes as set out in the letter from
the Secretary of State for Health and Social Care
(c) Only spend the money on expenditure relating to Kent care homes which they
would not otherwise have incurred.
(d) Apply open book accounting methods to demonstrate how the money has
been spent
(e) Return any money paid where they cannot demonstrate that the money has been
spent as permitted by 30 September 2020
(f) to minimise third party charges (for example, costs to avoid
the use of public transport)
(g) Confirm that in no circumstances is any element of profit or mark-up applied to
any costs or charges to be reimbursed as part of this scheme.

iv) when the second instalment of infection control funding is received, the second instalment is made available on the same basis as the first, to operators once they can demonstrate they have spent the first instalment

v) the Corporate Director for Adult Social Care will develop proposals on how to allocate
the remaining 25% (£4.72m) of the Infection Control Fund grant, in line with the terms of
the grant, to support the whole care market (including homecare, supported living and
those on direct payments) with wider resilience in relation to COVID-19 Infection Control.
These proposals will be subject to a further key decision.

vi) to DELEGATE authority to the Corporate Director of Adult Social Care and Health, in consultation with the Cabinet Member for Adult Social Care and Public Health and the Corporate Director for Finance, to finalise the terms of and confirm the relevant payments as required; and

vii) to DELEGATE authority to the Corporate Director of Adult Social Care and Health to take other relevant actions, including but not limited to entering into and finalising the terms of relevant contracts or other legal agreements, as necessary to implement the decision


Reason for urgency:
To support the security of the social care provider market in Kent during the COVID19 crisis and enable providers to maintain delivery of essential services to the vulnerable people of Kent.

The government have stipulated that 75% of the initial grant should be passported to providers as quickly as possible. Whilst the government have advised this should be within ten working days upon receipt of the funding, given the scale and complexity of the social care market in Kent, and the number of providers with whom we have no relationship, funds will be passported as quickly as possible.

Background:

On 14 May, the government wrote to Local Authorities announcing that £600 million will be issued to councils to support care providers through a new Infection Control Fund. This will be received in two instalments: 50% in late May and 50% in July. The government has required that 75% of this funding is for direct passporting to homes that have met the conditions outlined in the grant. There is more discretion over how the remaining 25% of the grant can be spent.

Decision Maker: Cabinet Member for Adult Social Care and Public Health

Decision published: 12/06/2020

Effective from: 12/06/2020

Division affected: (All Division);

Lead officer: Clare Maynard