David Green, Director of Technical Services

Councillor Bob Moon

David Green, Director of Technical Services

The Director outlined the aims and objectives of the procurement process, to maximise market potential and bring in innovation, the need for a contract with penalties and a specification to judge performance, and benefits derived from similar large scale contracts. The proposed exclusions (paragraph 3.3) and modern partnering contract (paragraph 4) would be used to inform the OJEU advertisement seeking expressions of interest from companies with experience in the parks and countryside sector.

The Director reported that a market sounding exercise had been undertaken within a strictly controlled environment to ensure that companies were comfortable with the proposed timescales for the procurement exercise, particularly in terms of the proposed tendering and contract mobilisation periods. At the same time, public meetings had been held with key stakeholders and comments gathered from these meetings would be used to develop the invitation to tender and specification. The Director had also met with all Parks staff to discuss progress and regular meetings had been held with trade union representatives.

The gross budgets for these services for 2010/11 was in excess of £14m and based on the proposed exclusions, outlined in his report, there would be a further report reviewing the structure of the budgets and confirming the value of the contract taking into account issues such as the recent EVR exercise. This was confirmed in the 13 January Cabinet report.

Councillor Bob Moon

A letter from Councillor Moon was circulated indicating that although he was unable to attend tonight’s meeting, he wished to confirm his support for the project and the governance process.

“Until May 2010 I was chair of the Member's Steering Group and continue to be a member of the group. Following previous procurement exercises for significant, long term contracts, the Council embarked on the Gateway Procurement Model, which had been developed by public organisations, including local authorities, and endorsed by the then Government. The model schedules a series of actions and decision points over a period of time to ensure the most appropriate methods of service delivery and procurement.

There has been independent validation of the process at critical stages and these will continue according to the schedule. Comments and recommendations have been taken on board and considered at each of these “gateways”.

Discussion at the members group has always been open and transparent, and reported to Cabinet as appropriate.

I believe the project has been undertaken with great thoroughness and members, users and staff have had the opportunity to comment at every stage.”

Dave Green, Director of Technical Services

Jim Lester, Head of Cultural Services

Chris Hyams, Head of HR and Organisational Development

Councillor Bob Moon

Prof. Robert Lee – Chair of Friends of Birkenhead Park to speak on behalf of Friends Groups

Councillor Elderton stated that he had already questioned David Green and Chris Hyams and would not be calling them again. It was not necessary for him to question Jim Lester because David Green had taken responsibility for the Culture and Leisure portfolio.

Councillor Bob Moon

He explained that the PACSPE procurement exercise had been started in 2008 because savings could not be made by continuing with the status quo. He had given careful consideration to this matter and accepted the recommendations made by Capita and the officers that option 3 be approved, based on the detail in the reports indicating that although savings could be made in-house there was a significant difference between options 1 and 3, and he was therefore persuaded that option 3 was the best alternative. 

In response to a specific question regarding the achievement of savings by a private contractor without any reduction in employees’ conditions of service, he gave an assurance that TUPE would apply to any new contact. He referred to the Council’s positive experience with similar lager scale contracts (HESPE and Biffa) which had been cited by the Local Government Association as good practice, and explained that a procurement process using the expertise of consultants would enable the Council to fulfil its obligations and choose the contractor best qualified to make the projected savings through effective management of the contract.

He commented on the practicality of a bid from the workforce and explained that a proposal to establish a Trust for Leisure and Cultural Services had previously been considered but it could not be pursued for financial reasons.

In response to questions from Members regarding the consultation process, he referred to consultation meetings which had taken place with the staff and trade unions on a regular basis and to the involvement with users through the Parks Forums. He commented that the Council was engaged in a procurement exercise and advice regarding the proposed stakeholder’ event indicated that this should take place at the appropriate time after a decision was made on the procurement options. 

Professor Robert Lee, Friends of Birkenhead Park

He referred to his role as Chair of the above group and to his considerable and longstanding involvement in Friends Groups in general.

He reported that the Fiends Groups had been consulted in a number of occasions since the commencement of the procurement exercise in 2008, and presented a Position Paper which reflected the quality and depth of discussion relating to key policy issues;

(i)   PACSPE Process

(ii)  Consultation

(iii)  Maintenance Standards

(iv)  Partnership

(v)  The Contract

(vi)  Monitoring Standards

(vii)  Re-investment and Improvements

(viii)  Sites of Special Significance

He responded to questions form Members regarding the above.