Agenda and minutes

Apologies were received from Councillors Adams, Evans and McGregor. Councillors Bance, Onslow and Igoe attended as their respective substitutes.

Councillor Fawthrop declared a pecuniary interest as an employee of British Telecom (BT).  Councillor Fawthrop left the meeting for the duration of Minutes 42(17) and 45(24) – IT Procurement and Provision (Part 1 and Part 2).  The Vice-Chairman took the Chair for the two items.

In accordance with the Council’s Constitution, questions that are not specific to reports on the agenda must have been received in writing 10 working days before the date of the meeting. 

Questions specifically on reports on the agenda should be received within two working days of the normal publication date of the agenda.  Please ensure that questions specifically on reports on the agenda are received by the Democratic Services Team by 5pm on 8 September 2022.

No questions were received.

The minutes of the Executive, Resources and Contracts PDS Committee meeting held on 28 July 2022, were agreed and signed as a correct record.

Report CSD22094

The report dealt with the Committee’s business management including the proposed work plan for the 2022/23 municipal year.

Members noted that proposals for the Civic Centre redevelopment would be considered by the Executive (and therefore scrutinised by the Committee) in November 2022.

A Members requested that an update on the further tranche of the Household Support Grant be provided.

In response to a question, the Portfolio Holder for Resources Commissioning and Contracts Management advised that the item on Biggin Hill would be scrutinised by the Committee before the end of the year.

A Member requested that the Committee be provided with adequate opportunity to read and reflect on the report concerning the Operational Property Review noting that last year there had been some delays publishing the report which had resulted in Members having limited time to review the report prior to the meeting.

A Member requested that the Committee consider Energy Strategy during the year.  The Chairman advised that consideration would have to be given to when and how the Committee would review energy strategy as it was a cross departmental issue.

The Committee noted that the Chairman had requested a report on Free Speech be presented in November.

RESOLVED: That the report be noted.

The Committee noted the Forward Plan of Key Decisions covering the period August 2022 to November 2022.

The Chief Executive, Mr Ade Adetosoye, attended the meeting to respond to questions from the Committee. the Chairman thanked the Chief Executive for the detailed written update circulated as part of the agenda papers.  Mr Adetosoye responded to questions, making the following comments –

• The new Council Website was gradually bedding in, and problems were being resolved as they were reported.  There had initially been issues with the migration of data and these had been resolved.  The Chief Executive was proud of the work that had been done and the new website would be monitored to ensure that search results were as efficient and as accurate as possible.  The Committee noted that as companies such as Google, Microsoft and Amazon used artificial intelligence (AI) for their search functionality, search results would be tailored to a user’s account and previous search history.  It was therefore worth registering for an account in order to improve search results.  IT would be asked to investigate issues that had been reported with website links that were over six months old and Council forms would be reviewed to ensure that they referred users to the new website.
• The Leadership Board had been monitoring the Household Support Grant and Members were encouraged to refer any outstanding issues in relation to receipt of vouchers to the Chief Executive for further investigation.
• If a further Household Support Scheme was brought forward it was likely that slightly different proposals for the administration of the scheme would be presented to Members and further advice would be given nearer the time.
• In respect of Inspection readiness, the Chief Executive explained that there were three regulated services which were subject to unannounced inspections.
• In relation to the Local Government Settlement and the Fairer Funding review, Members noted that delays to the Fairer Funding Review meant that Bromley was in receipt of less government funding but was managing the same or increased expectations in terms of service delivery.  The Council continued to lobby and raise concerns with colleagues in central government.  In additional the Council’s fiscal policy remained the same in terms to delivering services within the available budget envelope.
• Service delivery and the performance of all departments across the Council was monitored using a RAG rating.  The Public Affairs team, in particular, had a detailed work plan setting out public engagement initiatives and communications plans for specific projects.  The team were held to account and would continue to grow.
• The Council was awaiting the policy direction from central government in respect of Homes for Ukraine as funding was predicated on that policy direction.  Once the direction of travel was known there would be clear communication with both Ukrainian guests and their sponsors.
• The Council was reviewing the impact of the cost-of-living crisis on children and families.  The Council website was being updated to ensure information about the additional support available was provided.  Directors were undertaking a review of statutory obligations.
• The Council continued to deliver its Digital Strategy and the need to  ...  view the full minutes text for item 40.

Portfolio Holder decisions for pre-decision scrutiny.

The Committee considered the following report(s) where the Resources, Contracts and Commissioning Portfolio Holder was recommended to take a decision.

Report FSD22070

On 6^th October 2022, the Executive would receive a report summarising the current position on capital expenditure and receipts following the 1st quarter of 2022/23 and would be asked to agree a revised capital programme for the four-year period 2022/23 to 2025/26. The report highlighted changes to be put to the Executive and the Leader in respect of the capital programme for the Resources, Commissioning and Contract Management portfolio.

RESOLVED: That the Portfolio Holder be recommended to note and acknowledge the changes to be put to the Executive on 6^th October 2022.

Report CSD22102

The report provided an update and overview to Members on Transforming Public Procurement, now being considered by Parliament as The Procurement Bill. The report also noted the need to update the Council’s Contract Procedure Rules in due course to ensure compliance with updated Regulations; and it recommended the development of a formal ‘Local Procurement Priorities’ policy document as a side document to ‘Making Bromley Even Better’.

In response to a question concerning the additional pressure on capacity, resource and planning, the Assistant Director for Governance and Contracts confirmed that there had not yet been any mention of additional funding to support the requirements of the Procurement Bill although the final details and additional actions had not yet been received.  At the moment the Council had no plans to commit additional resource, the initial focus would be to establish regular, simple processes to manage notices.  Every opportunity needed to be explored to provide efficient processes and to manage the new requirements appropriately.

The Committee noted that there were currently no specific timescales for the local priorities document as it would depend on the nature of consultation with Members.  Officers would work to deliver the local priorities document as soon as possible however it was important that the document also reflected the Procurement Bill.

In response to a question, the Assistant Director for Governance and Contracts confirmed that the Procurement Bill did seek to make it easier to take account of the past performance of a contractor, although it was also possible under the current arrangements.

The Assistant Director for Governance and Contracts also confirmed that the CIPFA guidelines of a 60% price and 40% quality split for contracts was within the current Contract Procedure Rules and would be the starting point for any new Contract Procedure Rules.

RESOLVED: That the Portfolio Holder be recommended to note the update on Transforming Public Procurement; and to agree the proposed approach for both the development of ‘Bromley Local Procurement Priorities’ as set out in paragraphs 3.23 to 3.30 of the report and the update of the Councils Contract Procedure Rules as set out in paragraphs 3.31 to 3.37 of the report.

Members of the Committee are requested to bring their copy of the agenda for the Executive meeting on 6 October 2022.

The Committee considered the following reports on the Part 1 agenda for the meeting of the Executive on 6 October 2022:

(5)  BUDGET MONITORING 2022/23

Report FSD22068

The report provided the first budget monitoring position for 2022/23 based on expenditure and activity levels up to the end of July 2022. The report also highlighted any significant variations which would impact on future years as well as any early warnings that could impact on the final year end position.

The Chairman reported that he had asked for some further information about the projected budget overspend for Legal Services and at the moment, excluding any invoices pending or waiting to be paid, around £150,000 of the expected £500,000 had been spent.

In response to a question concerning the cost of IT Procurement, the Director of Finance confirmed that the one-off costs had been built into the budget and the ongoing running costs needed to be built in. In terms of the revenue budget next year, costs would be reflected but not any direct saving as this was mitigated against future costs.

The Director of Finance also highlighted the impact of rising inflation on the contingency which had previously provided an element of flexibility.  However, there was concern that the impact of inflation was now so significant that some of that flexibility would be lost.  This would be reflected in the report presented to Members in January 2022.

RESOLVED: That the Executive be recommended to

1.   Consider the latest financial position;

2.   Note that a projected net overspend on services of £8,036k is forecast based on information as at July 2022.

3.   Consider the comments from Chief Officers detailed in Appendix 2;

4.   Note the carry forwards being requested for drawdown as set out in paragraph 3.3 of the report.

5.   Note a projected reduction to the General Fund balance of £2,177k as detailed in section 3.4 of the report.

6.   Note the full year cost pressures of £8.255m as detailed in section 3.5 of the report.

7.   Agree to the release of funding from the 2022/23 central contingency as detailed in paragraphs 3.2.2 to 3.2.23 of the report;

8.   Agree to the release of £600k from the Growth Fund reserve for the Local Plan review as detailed in paragraph. 3.9 of the report.

9.   Identify any issues that should be referred to individual Portfolio Holders for further action.

10.   Note the change in General Fund Earmarked Reserves as detailed in paragraph 3.12 of the report.

11.   Recommend that Council agree a sum of £2.4m be drawn down from the 2022/23 contingency as detailed in paragraph 3.2.2 of the report.

(6)  CAPITAL PROGRAMME MONITORING – 1^ST QUARTER 2022/23

Report FSD22071

The report summarised the current position on capital expenditure and receipts following the first quarter of 2022/23 and sought the Executive’s approval to a revised capital programme.

RESOLVED: That the Executive be recommended to

1.  note the report, including a total re-phasing of £4,482k from  ...  view the full minutes text for item 42.

(Part 1 Report and Appendix available online only)

Report CSD22104A

The report presented September 2022’s Corporate Contracts Register for consideration.  The Contracts Register presented in ‘Part 2’ of the agenda included a commentary on each contract to inform Members of any issues or developments.

In opening the discussion, the Chairman highlighted that there were no flagged contracts.

The Committee requested that the font size of the Contracts Register be increased, consideration be given to the colour of the paper for the Part 2 report, and the print quality be improved to better facilitate ease of reading.  A Member highlighted that the Excel spreadsheet had been circulated via email and the document was available online – these electronic versions could be magnified.

In response to a question the Assistant Director for Governance and Contracts confirmed that the contracts on the register were ordered based on the RAG rating and the value of the contract.

RESOLVED: That the report be noted.

RESOLVED that the Press and public be excluded during consideration of the items of business referred to below as it is likely in view of the nature of the business to be transacted or the nature of the proceedings that if members of the Press and public were present there would be disclosure to them of exempt information.

The following summaries

refer to matters involving exempt information

The Committee considered the following reports on the Part 2 agenda for the meeting of the Executive on 6 October 2022:

(17)  IT PROCUREMENT AND PROVISION (PART 2)

Report CSD22069B

The Committee noted the Part 2 (exempt from publication) information and made recommendations to the Executive.

(18)  PROPERTY INVESTMENT FUND PORTFOLIO – PORTFOLIO PERFORMANCE, INVESTMENT STRATEGY AND MITIGATION FUND (PART 2)

The Committee noted the Part 2 (exempt from publication) information and made recommendations to the Executive.