Agenda, decisions and minutes

An apology for absence was received on behalf of Councillor Selman.

NOTED

An apology for absence was received on behalf of Councillor Selman.

NOTED

The Chair will consider the admission of any late items of Urgent Business. Late items of Urgent Business will be considered under the agenda item where they appear. New items of unrestricted urgent business will be dealt with under Item 10 below. New items of exempt urgent business will be dealt with at Item 17 below.

There were no items of urgent business.

NOTED

There were no items of urgent business.

NOTED

A Member with a disclosable pecuniary interest or a prejudicial interest in a matter who attends a meeting of the authority at which the matter is considered:

(i) must disclose the interest at the start of the meeting or when the interest becomes apparent, and

(ii) may not participate in any discussion or vote on the matter and must withdraw from the meeting room.

A Member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Register of Members’ Interests or the subject of a pending notification must notify the Monitoring Officer of the interest within 28 days of the disclosure.

Disclosable pecuniary interests, personal interests and prejudicial interests are defined at Paragraphs 8.1-15.2 of Section Two of Part 5 of the Constitution  and Appendix A of the Members’ Code of Conduct.

There were no declarations of interest.

NOTED

There were no declarations of interest.

NOTED

On occasions part of the Cabinet Procurement Committee meeting will be held in private and will not be open to the public if an item is being considered that is likely to lead to the disclosure of exempt or confidential information. In accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to On occasions part of the Cabinet Procurement Committee meeting will be held in private and will not be open to the public if an item is being considered that is likely to lead to the disclosure of exempt or confidential information. In accordance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (the “Regulations”), members of the public can make representations about why that part of the meeting should be open to the public.

This agenda contains exempt items as set out at Items 13 - 16 :

No representations with regard to these have been received.

This is the formal 5 clear day notice under the Regulations to confirm that this Cabinet Procurement Committee meeting will be partly held in private for the reasons set out in this Agenda.  Information) (England) Regulations 2012 (the “Regulations”), members of the public can make representations about why that part of the meeting should be open to the public.

There were no representations received.

NOTED

There were no representations received.

NOTED

There were no deputations, petitions or questions.

NOTED

There were no deputations, petitions or questions.

NOTED

To confirm the unrestricted minutes of the meeting of Cabinet Procurement Committee held on 2 December 2019.

RESOLVED

That the unrestricted minutes of the Cabinet Procurement Committee held on 2 December 2019 be confirmed as an accurate record of the proceedings.

RESOLVED

That the unrestricted minutes of the Cabinet Procurement Committee held on 2 December 2019 be confirmed as an accurate record of the proceedings.

This report seeks Cabinet Procurement Committee’s approval to the award of the Public Space Surveillance (PSS) and Optical fibre installation and maintenance contract.

RESOLVED

 i.  That approval be given to the awarding  of the Public Space Surveillance and optical fibre installation and maintenance contract to Supplier A as detailed in the exempt appendix to the report; and

ii.  that approval be given to a 3 year contract with the option to extend for a further 4 years in 2 yearly increments, with a maximum potential spend /contract value of £14.63m.

RELATED DECISIONS

The Business case was approved at the CPC meeting on 12^th November 2018 authorising the commencement of the procurement process for the provision of Public Space Surveillance and Optical fibre installation and maintenance.

REASONS FOR DECISION/OPTIONS APPRAISAL.

The report was seeking approval to award to the Public Space Surveillance and optical fibre installation and maintenance contract to Supplier A.

The current contract for the Council’s Public Space Surveillance (PSS) & Optical Fibre Network installation and maintenance began on 1^st April 2014 and ran for a 3 year period, with the option to extend for two further twelve month periods, which expired 31^st March 2019. The contract was extended for a further one year to allow for the tender process, which would expire on 31^st March 2020.This contract was also used by Property Services.

The Civil Protection Service was now responsible for managing the Public Space Surveillance systems on Housing Estates. The current contract for Housing Estates began in October 2015 and operated for a 5 year period. There was a clause within the contract which enabled the client to end the contract without prejudice after 3 years. Thus, the Housing Estate contract ended in October 2018, the two services were carried out by the existing town centre public space surveillance contractor until the new contract commences. This enabled the existing two separate contracts to be combined into one contract to cover Housing and Town Centre PSS, enabling the council to benefit from economies of scale.

The Council continued to ensure a network of cameras are there to aid Police and other agencies emergency response, deter criminals and aid conviction as well as offering reassurance to members of the public.

The supplier selected from this tender process would be required to maintain and install the PSS and optical fibre network.

A number of options were considered:

1. One contract package for all service areas;

Comprehensive ‘insurance style’ contract where an annual fee is paid for a guaranteed level of service;

Two separate contract packages for the two areas;

Insourcing, and

Existing framework contract.

  Option 1 above was the preferred option, giving maximum value for money to the Service areas, and maximising efficiency in managing the contract.

  Section 20 (s20) is a clause in the Landlord and Tenant Act 1985 (and as supplemented by the Common hold and Leasehold Reform Act 2002) intended  to protect leaseholders from paying unnecessarily large sums for work carried out to their building. s20 is a notice to inform leaseholders that the Council intends to carry out work and will apply to all  ...  view the full decision text for item 7.

The Chair asked for a brief introduction of the report.

The Civil Protection Service Manager – Andy Wells advised the Committee that the report sought approval to the awarding of the Public Space Surveillance and optical fibre installation and maintenance contract.  The current contract for the Council’s Public Space Surveillance (PSS) & Optical Fibre Network installation and maintenance began on 1st April 2014 and ran for a 3 year period, with the option to extend for two further twelve month periods, which expired 31st March 2019. The contract had been extended for a further one year to allow for the tender process, and the extension would expire on 31st March 2020. The contract was also used by Property Services.

Mr Wells commented that the Civil Protection Service was now responsible for managing the Public Space Surveillance systems on Housing Estates, with the current contract for Housing Estates commencing in October 2015 and operated for a 5 year period. There was a clause within the contract which enabled the client to end the contract without prejudice after 3 years. Thus, the Housing Estate contract ended in October 2018, and the two services were carried out by the existing town centre public space surveillance contractor until the new contract would commence. This enabled the existing two separate contracts to be combined into one contract to cover Housing and Town Centre PSS, enabling the council to benefit from economies of scale.

Mr Wells further commented that the Council continued to ensure a network of cameras were there to aid Police and other agencies emergency response, deter criminals and aid conviction as well as offering reassurance to members of the public. The supplier selected from this tender process (tenderer A) would  be required to maintain and install the PSS and optical fibre network.

In respect of consultation Mr Wells advised that Leaseholders were consulted in writing prior to the publishing the OJEU notice. Once the conditional contract award was proposed, leaseholders would be consulted again, by issue of a ‘Notice of Proposal’.  If no representations were received the Council would then proceed to award the contract.  After award, a s20 ‘Award of Contract Notice’ would be issued informing leaseholders of the outcome of the procurement process.

The Chair thanked Mr Wells for his succinct and informative introduction and asked there were any questions of the Committee.

Councillor Burke, on behalf of Councillor Selman, who was the portfolio member for the report, asked if Councillor Selman had been consulted at all stages of the project. In response Mr Wells advised that Councillor Selman had been consulted at all stages and was fully in agreement to the proposals.

In response to points of clarification Mr Wells advised that in terms of insourcing of work related to the contract all of the engineering aspects – a considerable amount, was carried out in house, together with the design elements.  The technical support was specialist and was from the private sector.

There being no further points of clarification or questions,  ...  view the full minutes text for item 7.

This report seeks Cabinet Procurement Committee’s approval to the award of a contract for the provision of care services in Limetree and St Peter’s Extra Care  in the London Borough of Hackney.

RESOLVED

That approval be given to the awarding of the contract for care services to Bidder B as detailed in the exempt appendix to the report, with financial provision to cost a total amount of £2,128,501 for a period of three years.

RELATED DECISIONS

Due to the assessed risk of this contract the business case approval was sought from the Group Director and was not presented to Cabinet Procurement Committee.

https://docs.google.com/document/d/1XWsf7SRYcT-sE6prfD2dL78zqska2RoK94WcY9QsM0o/edit?usp=sharing

REASONS FOR DECISION/OPTIONS APPRAISAL.

In 2012/13, at the request of the London Borough of Hackney, Family Mosaic (now known as Peabody) were  asked to apply for a capital grant of £4m from the (then) Homes and Communities Agency to redevelop two of their sites to create extra care services. The London Borough of Hackney then agreed to fund a further £300k capital directly to ensure the new service was designed specifically for residents with dementia and mental health issues. The capital funding was agreed by the London Borough of Hackney on the understanding that these services would assist in delaying or preventing the need for residential care and avoiding costs to health and social care services.  This became the St Peter’s site.  Separately, Hanover (now known as Anchor Hanover) had also developed Limetree Court as a purpose built scheme  that presented an opportunity for extra-care provision in both buildings to be delivered by one care and support provider.

A homecare agency from the Council’s framework contract has been delivering care and support at both schemes to date, on a short-term basis.  In the medium-long term, staff from the in-house Housing with Care service will take on the provision, however this is not possible at present due to changes in the service resulting from the recent CQC Inspection.  In the interim, an open tender was required in order for a homecare agency to provide care and support across both settings on an ongoing basis.

Extra Care Housing is housing designed with the needs of frailer, older people in mind and with varying levels of care and support available on site. People who live in Extra Care Housing have their own self contained homes, their own front doors and a legal right to occupy the property. This type of provision means that people can retain their independence longer, delaying and often completely avoiding the need for residential care. This model promotes the council's vision to promote independence and ensuring people are valued members of their community. This model also avoids higher cost placements in residential care.

A detailed options appraisal for the procurement approach was set out in the  Business Case for this service, which was approved by the group director and is reiterated in Section 8 of the report.

 ALTERNATIVE OPTIONS (CONSIDERED AND REJECTED)

The following options have been considered and rejected.

The Chair asked for a brief introduction of the report.

The Head of Commissioning for Adult Services – Mr Wall advised the Committee that report before them was requesting the approval of the award of a contract for personal care across two extra care housing schemes - Limetree Court at Clapton Common and St Peter's,  Bethune Road. Mr Wall advised that  both schemes offered extra care provision, where residents would have their own tenancies, and the extra care provision would cater for a range of needs.  Extra care meant that as well as personal care, residents could make flexible use of additional support at times throughout the day that would be appropriate for them.

Mr Wall commented that the contract was for three years, at just over £700k per year.  The contract signalled the Council’s intention to increase the availability of extra care, subject to ongoing demand, and also it allowed the service to build its knowledge of how extra care support was developed and delivered, as the service would be reviewing its arrangements for in-house provision of personal care over the next 18 months.  Mr Wall also commented that as the Committee may recall from the business case arrangements, there had been an interim provider in place across both schemes but the service wanted to put a formal contract in place while the internal work took place.  This would allow officers to strengthen the contract management relationship, satisfy contract standing orders, give reassurance to both landlords regarding the Council’s commitment to the schemes, and make sure of good value for money.

With regard to the responses to the tender exercise Mr Wall advised that eleven submissions had been received, of which 10 passed the survey questionnaire stage.  As a result bids were assessed by a panel that included Commissioners, Social Care staff, and both Landlords, together with a separate meeting at which residents from both schemes had been able to question bidders, at which over 20 residents and their families attended. The recommended bidder employed over 100 employees in Hackney, and currently worked with 154 residents, providing domiciliary care through the Council’s contract framework.

The Chair thanked Mr Wall for his succinct introduction, and in asking if there were any questions from members, commented that she had been very impressed by the extent of resident and family involvement in the procurement process.

In response to a point of clarification from Councillor Burke Mr Wall advised that  the service provision did not involve staff travelling across sites.

The Chair sought clarification as regards to a possible contradiction within the report whereby at one point it the report indicated that the procurement was not part of a savings programme, but at another point it indicated that it would enable a reduction in spending.  In response Mr Wall advised that it was not part of a formal savings programme but the preferred bidder had offered a competitive price, below the forecasted budget.  Also Extra Care was designed to provide better outcomes  ...  view the full minutes text for item 8.

This report seeks Cabinet Procurement Committee’s approval to appoint a preferred contractor for the construction of a mixed tenure housing scheme at Daubeney Road on the Clapton Park Estate.

RESOLVED

i.  That approval be given to the appointment of Bidder B as the preferred contractor for the construction of mixed tenure housing at Daubeney Road for the value set out in Exempt Appendix 3 of the report, plus a 5% client held contingency to be held by the Council for scheme variations during the construction period for the value set out in Exempt Appendix 3;

ii.  That authority be delegated to the Group Director, Neighbourhoods and Housing, to approve the appointment of a reserve bidder, Bidder E, should it not be possible to enter into a contract with the preferred Bidder, Bidder B.

iii.  That that approval be given to the entering into a JCT Intermediate Building Contract 2016, and any other ancillary legal documentation relating thereto, with Bidder B (or Bidder E subject to ii. above) for the construction of mixed tenure housing at Daubeney Road, on such terms as shall be agreed by the Director of Legal and Governance; and

iv.  That the Director of Legal and Governance be authorised to prepare, agree, settle and sign the necessary legal documentation to effect the proposals contained in the report and to enter into any other ancillary legal documentation as required.

RELATED DECISIONS

At its meeting of 29th February 2016 the Council’s Cabinet agreed the Housing Supply Programme.

At its meeting on 18th July 2016 the Council’s Cabinet  approved the Sales and Marketing Strategy, authorising the Director of Regeneration to implement the Sales and Marketing Framework in relation to shared ownership and outright sale disposals generated via both the Housing Supply (HSP) and Estate Regeneration (ERP) Programmes. Cabinet also  authorised the Director of Strategic Property and the Director of Regeneration to dispose of leasehold and freehold interests in the shared ownership and outright sale homes developed or to be developed as part of those Programmes.

At its meeting of 23rd May 2017, the Council’s Housing Development Board agreed to the addition of the Daubeney Road site to the HSP.

Hackney Procurement Board (HPB) approved the business case for the Daubeney Road development on 12th June 2018.

The Council’s Planning Sub-Committee resolved to grant planning approval for the Daubeney Road development on 4th July 2018, subject to the completion of a Unilateral Undertaking, which had since been authorised.

REASONS FOR DECISION/OPTIONS APPRAISAL.

This report outlines the process that has been followed in selecting a preferred bidder for the development of the Daubeney Road garages site, including demolition of the existing structures on site and associated enabling works.

The Daubeney Road site forms part of the HSP. It is located in Lower Clapton and forms part of the Clapton Park Estate in the Kings Park ward.

The development originally consisted of six social rent and five shared ownership homes. However, in order to ensure the project remains viable in relation to the tendered build costs, it was intended to adjust the tenure mix. The introduction of four outright sale homes would lead to a slight improvement in the  ...  view the full decision text for item 9.

The Chair asked for an introduction of the report.

The Head of Housing Supply Programme, Neighbourhoods and Housing – Mr Trowell advised that the report before the Committee outlined the selection of a preferred bidder for the development of the Daubeney Road garages site, including demolition of the existing structures on site and associated enabling works. The Daubeney Road site formed part of the HSP, and was located in Lower Clapton, part of the Clapton Park Estate in the Kings Park ward. 

Mr Trowell commented that the development originally consisted of six social rent and five shared ownership homes. However, in order to ensure the project remained viable in relation to the tendered build costs, it was intended to adjust the tenure mix by the introduction of four outright sale homes which would lead to a slight improvement in the viability of the project, from the budget position and the time of tendering.  The improvement would offset a construction price increase on another site within the same ward with the proposed new tenure mix comprising of seven homes for social rent, and four homes for outright sale.

Mr Trowell advised that proposed tenure change was considered by Planning Sub-Committee on 8th January 2020 and was approved.

Mr Trowell also advised that in addition the development would also provide a new pedestrian only through route connecting Daubeney Road and Redwald Road, together with   landscaping and public realm improvements.  Mr Trowell further commented that outside of the outlined procurement, but within the scope of the overall development project, the Council would delivering a permanent community garden on Redwald Road on the Clapton Park Estate, to replace the temporary facility previously located on the development site. Also a contribution of £20,000 would be made towards local greening initiatives (Daubeney Road parklet/Ten Times Greener project).

With regard to the proposed contract Mr Trowell commented that the Council would enter into a JCT Intermediate Building Contract 2016 with the preferred bidder. The contract required the successful bidder to deliver an 11 home development and included the demolition of the existing structures on site and associated enabling works. The tendered bids were evaluated against the forecasts contained within the financial model for the scheme and were considered with reference to the viability of the overall programme. The viability forecasts were prepared on the basis of independent cost and value information supplied by the Council’s professional advisors, and subject to scrutiny and cross-checking against other comparable schemes within the programme by the Council’s Corporate Finance team.  Mr Trowell further reported that the proposed contractor was selected via a restricted tender, and this method had been recommended for the proposed works as it gave a wide range of suitably qualified contractors the opportunity to express an interest in participating in the tender process by completing and submitting a Selection Questionnaire (SQ). Soft market testing demonstrated that this was an attractive procurement route for generating interest among small and medium sized contractors, increasing the probability of those  ...  view the full minutes text for item 9.

There were no items of unrestricted urgent business.

NOTED

There were no items of unrestricted urgent business.

NOTED

Meetings will be held at 6.00pm on:

10 February 2020

11 March 2020

6 April 2020

11 May 2020

The Chair advised that meeting scheduled for 6 April 2020 would be cancelled.

Noted the following meetings of Cabinet Procurement Committee for the remainder of the Municipal Year 2019/20 commencing at 18.00hrs on:

10 February 2020

11 March 2020

11 May 2020

The Chair advised that meeting scheduled for 6 April 2020 would be cancelled.

Noted the following meetings of Cabinet Procurement Committee for the remainder of the Municipal Year 2019/20 commencing at 18.00hrs on:

10 February 2020

11 March 2020

11 May 2020

Note from the Governance Services Manager

Items 13-16 allow for the consideration of exempt information in relation to items  respectively 6-9.

Proposed resolution:

THAT the press and public be excluded from the proceedings of the Cabinet Procurement Committee during consideration of Exempt items 13-16 on the agenda on the grounds that it is likely, in the view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended.

RESOLVED

THAT the press and public be excluded from the proceedings of the Cabinet Procurement Committee during consideration of Exempt items 13-16 on the agenda on the grounds that it is likely, in the view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended.

RESOLVED

THAT the press and public be excluded from the proceedings of the Cabinet Procurement Committee during consideration of Exempt items 13-16 on the agenda on the grounds that it is likely, in the view of the nature of the business to be transacted, that were members of the public to be present, there would be disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Local Government Act 1972 as amended.

To confirm the exempt minutes of the meeting of Cabinet Procurement Committee held on 2 December 2019.

RESOLVED

That the exempt minutes of the Cabinet Procurement Committee held on 2 December 2019 be confirmed as an accurate record of the proceedings.

RESOLVED

That the exempt minutes of the Cabinet Procurement Committee held on 2 December 2019 be confirmed as an accurate record of the proceedings.

Item 7 refers

Appendices 1&2  are exempt from publication under para 3, Part 1, Schedule 12a of the Local Government Act 1972 (as amended).

RESOLVED

That exempt Appendices 1&2 in relation to agenda item 7 in the unrestricted part of the agenda be agreed and noted.

RESOLVED

That exempt Appendices 1&2 in relation to agenda item 7 in the unrestricted part of the agenda be agreed and noted.

Item 8 refers

Appendices A & B  are exempt from publication under para 3, Part 1, Schedule 12a of the Local Government Act 1972 (as amended).

RESOLVED

That exempt Appendices A & B in relation to agenda item 8 in the unrestricted part of the agenda be agreed and noted.

RESOLVED

That exempt Appendices A & B in relation to agenda item 8 in the unrestricted part of the agenda be agreed and noted.

Item 9 refers

Appendices 1-3  are exempt from publication under para 3, Part 1, Schedule 12a of the Local Government Act 1972 (as amended).

RESOLVED

That exempt Appendices 1 - 3 in relation to agenda item 9  in the unrestricted part of the agenda be agreed and noted.

RESOLVED

That exempt Appendices 1 - 3 in relation to agenda item 9  in the unrestricted part of the agenda be agreed and noted.

There were no items of exempt business to consider.

NOTED

There were no items of exempt business to consider.

NOTED