Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 23 January 2013

The Minutes (copies of which had been circulated) of the meeting held on 23 January 2013 were approved as a correct record and signed by the Chair.

Councillors and officers to declare any interests which they have in any of the items on the agenda for the meeting.

No declarations of interest were made.

To consider a report of the Head of Procurement.

The Working Party is invited to consider the proposed changes to the Contract Procedure Rules as detailed in the report.

That the proposed changes to the Contract Procedure Rules be endorsed and recommended to the Council Meeting for adoption.

Officer contact Andrea Boulton on telephone number 0161 474 3828 or alternatively email andrea.boulton@stockport.gov.uk

The Council Solicitor submitted a report (copies of which had been circulated) inviting the Working Party to consider proposed changes to the Contract Procedure Rules as detailed in the report. He also requested that references to the appropriate ‘Corporate Director’ be amended to ‘Service Director’ and that an additional clause be included in paragraph 27 ‘Exceptions’ requiring that all exceptions to the Contract Procedure Rules should require the approval of the Council Solicitor. He also requested that the Contract Procedure Rules be amended so that an individual Executive Councillor decision was not required for each social care and educational placement.

Members were advised that Stockport was looking to create a shared service with three other AGMA authorities and therefore the proposed changes to the Council’s Contract Procedure Rules would align this Council with other AGMA local authorities. As the shared service progressed, there would be a further review to ensure that the rules remained fit for purpose and a greater emphasis would be placed on collaboration and aggregation of spend in order for the Council to maximise the return from the creation of the shared service.

The following comments were made/issues raised:-

·         The need to publicise the e tendering system (The Chest) to new businesses in the borough.

·         The need to disseminate the revised Contract Procedure Rules to Officers once they had been approved by the Council Meeting and for them to act strictly in accordance with them.

·         The possible conflict between ensuring best value for the Council and protecting local firms who would aid the local economy. The Monitoring Officer advised that the contractor’s business location should be excluded as a consideration unless buying local was being encouraged under the Public Services (Social Value) Act 2012. The contractor’s financial support (or lack of it) to any organisation which the Council did or did not support should also be excluded as a consideration.

·         Local firms could be advised of the opportunities for carrying out work for the Council at the Meet the Buyer events.

·         The importance of monitoring which businesses the Council’s let contracts to using the e-spend programme.

·         The historical use of select lists of contractors and the move towards approved lists.

·         The situation where firms had their registered office outside of Stockport, but used local tradesmen to carry out the work.

·         A Member felt that school governing bodies would not be able to adhere to all the Contract Procedure Rules in every instance and that reference to them should be deleted in the introduction.

RESOLVED –

(1)  That the Contract Procedure Rules be endorsed and recommended to the Council Meeting for adoption, subject to:-

·         the Council Solicitor being invited to explore the options  so that local firms would have the first opportunity to tender for work and that authority be delegated to him to propose further amendments to the Contract Procedure Rules to help facilitate this, prior to their approval by the Council Meeting.

·         references to the appropriate ‘Corporate Director’ being amended to ‘Service Director’ and that an additional clause be in included in paragraph 27 ‘Exceptions’ requiring that all exceptions to the Contract Procedure Rules should require the approval of the Council Solicitor.

·         The third paragraph of Contract Procedure Rule 2 being amended to read:-

‘Commissioners of services should be aware that the Council also has a range of in-house departments and service providers (including ICT; Communications; a wholly owned company and joint venture involving the Council) that should always be given the opportunity to supply such service in the first instance, except with the approval of the appropriate Service Director’.

·         an individual Executive Councillor decision not being required for each social care and educational placement.

(2)  That local businesses be advised of the opportunities to tender for work with the Council via the e tendering system (The Chest).

To consider a report of the Monitoring Officer

To consider amendments to the Council’s Constitution.

RECOMMENDATION

(1)  That the proposed amendments to the Constitution be endorsed and recommended to the Council Meeting for adoption.

(2)  That the Monitoring Officer be authorised to make any future minor typographical corrections, title changes and renumbering of sections in the Constitution.

Officer contact: Craig Ainsworth on 0161 474 3204 or e mail: craig.ainsworth@stockport.gov.uk

The Monitoring Officer submitted a report (copies of which had been circulated) in connection with proposed amendments to the Constitution.

Members were advised that work had been undertaken to highlight changes to legislation, regulations and statutory guidance, and Council decisions which impact on the Constitution. Some changes were put forward to clarify matters that had caused confusion; others had had arisen from textual errors and omissions that had been identified. Various miscellaneous typographical corrections had been made and titles changed, and sections renumbered, as appropriate.

RESOLVED – (1) That the proposed amendments to the Constitution be endorsed and recommended to the Council Meeting for adoption, subject to:-

·         paragraph 4 of the Council Meeting Procedure Rules ‘Appointment of Substitute Members of Committees’ being transferred to a more appropriate part of the Constitution.

·         a link being provided in the Constitution to the Council’s Management Structure

·         clarification being sought with regard to whether any of the responsibilities of the Director of Public Health lay with Public Health for England.

(2) That the Monitoring Officer be authorised to make any future minor typographical corrections, title changes and renumbering of sections in the Constitution, subject to any such changes being reported on a regular basis to members of the Corporate, Resource Management and Governance Scrutiny Committee and Executive Councillors.