Agenda item

 – 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 all necessary contracts/agreements for the Kent Skinners Academy.

(2)       The Department of Education and Partnership for Schools (PfS) expected Academies to be procured either via a Local Educational Partnership (LEP) where one is in place or from the Partnerships for Schools Contractors’ Framework. The proposed academies which form Batch 2 fell outside the area covered by Kent’s LEP 1 and therefore it would be necessary to procure the building works for these academies under a batched contract from the National Framework.

(3)       KCC, PfS, DfE and the relevant Academy Trusts had agreed that significant time and cost efficiencies could be realised for all parties by tendering all six as a single batched programme through the PfS National Framework. This removed the repeat time and financial costs associated with separate transactions.  Each scheme would though be contractually separate and the contract that would be signed for the Skinners’ Kent Academy, related solely to that scheme.

(4)       Following Cabinet approval on 11th January 2010, and final Outline Business Case approvals KCC began the procurement from the PfS National Framework (South) following which Willmott Dixon was selected as the Preferred Bidder with a view to developing detailed proposals.

(5)       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, off site utility upgrades, judicial review and the need for the Council to consider its position as contract signature approaches.  As with the Isle of Sheppey Academy, officers confirmed 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 funding of this contingency would be allowed for as part of the capital programme for the Skinners Academy. The report also highlighted what contractural liabilities the Council could incur should for any reason the project not reach the stage of contract signature.

(8)       Cabinet resolved:

         (a)    that the Final Business Case for the Kent Skinners Academy  (Lead scheme in Batch 2) be agreed and submitted for final departmental approval by Partnership for Schools, the Department of Education and the Treasury;

(b)    following recommendation from the 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 in relation to the build contract 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 authorized 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 in relation to the Kent Skinners’ Academy and the Future School Agreement; and,

         (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.