Officer and Portfolio Holder Decisions

To provide a monthly update regarding ongoing work related to 24 High Street, Wisbech.

AGREED to note the current position in relation to the 24 High Street construction project in Wisbech High Street.

To seek approval to change the requirement for Fenland Future Ltd (FFL) to provide to the Council the final audited accounts by 31 July in each Financial Year, as currently specified in the FFL Articles of Association, to be amended to align with the Council’s requirements as determined by The Accounts and Audit (Amendment) Regulations 2022. This will result in the final audited accounts being provided from FFL to the District Council by 30 September in each Financial Year, beginning with the 2022/23 accounts, until the 2027/28 accounts have been completed. This date change will enable the final audited accounts deadline for Fenland District Council (FDC) and FFL to be aligned.

Agreed to:

·       approve the change of date in relation to the requirement for FFL to provide the final audited accounts to the Council from 31 July to reflect the requirement of The Accounts and Audit (Amendment) Regulations 2022. The current requirements of the Regulations will result in the final audited accounts being submitted by FFL to the Council by 30 September in each financial year until the 2027/28 accounts have been completed;

·       that the date that the FFL is required to submit final audited accounts to the Council should continue to reflect the requirements outline in The Accounts and Audit (Amendment) Regulations 2022 both now and in the future;

·       delegate to the S151 Officer or such other official as appropriate the responsibility to mirror the amended final audited accounts submission date in the FFL Articles of Association to reflect the requirements of The Accounts and Audit (Amendment) Regulations 2022 and any other relevant documents which contain this information.

To provide an update on the FFL/FDC Investment Projects.

Agreed to note the report and receive further reports on the progress of the projects.

To seek endorsement of the revised Fenland Future Ltd (FFL) Business Plan for the period April 2023 to March 2026.

Agreed to:

·       note the report;

·       endorse the adoption of the revised FFL Business Plan (April 23 to March 26); and

·       receive further reports on the progress of FFL projects against the approved Business Plan in accordance with the approved Articles of Association for FFL.

To establish Fenland Flexible Working Arrangements that are led by the needs of the Council and its customer.

AGREED the principles associated with the proposed Operating Model as set out in the report and to note the need to develop a suite of associated policies to ensure the successful implementation of the Proposed Operating Model which will be presented to the Audit and Risk Management Sub-Committee in the future for consideration and approval.

To provide an overview of the current condition of the Council’s suspended quay structure at Wisbech Port and the repair works required in the short, medium, and long term over the structure’s estimated residual life. Furthermore, to seek consent to progress with the necessary short-term repair works and to seek authority to explore options for the medium to longer-term

future of the asset.

AGREED the recommendations in the report.

To consider continued approaches to mitigating some of the excessive energy costs currently being placed on Freedom Leisure and to consider financial options to support Freedom with such costs.

AGREED to:

·       note the considerable impact that the energy crisis continues to have on the leisure sector across the country;

·       note the continued good operational performance of the Fenland group of leisure centres managed by Freedom;

·       recognise the £4 return on investment that every £1 invested in sport and physical activity generates in England and as part of that return recognises the essential role that the Council's leisure facilities play in helping to maintain the physical and mental health of our community as highlighted;

·       recognise the significant financial challenges that the Council itself is facing;

·       agree to maintain the reduction in opening hours agreed in 2022 in order to continue to mitigate some energy costs in the leisure centres;

·       consider, and delegate to the Section 151 Officer, working in consultation with the Portfolio Holders for Finance and Leisure, to offer direct financial support to Freedom Leisure in the form of a repayable loan, on an open book basis, up to a maximum sum of £250,000 for the period 1 April 2023 to 30 September 2023. This represents 86% of the expected maximum excess energy cost, with the sum anticipated to be reduced by the continuing implementation of the mitigating measures put in place to reduce operating costs and energy consumption as detailed in section 12 together with any additional Government support for leisure centres energy costs. Any repayable loan shall become payable through an annual deduction of any profit generated in excess of the levels predicted in the Leisure Operators Base Trading Account (LOBTA). This is a change from the current 50/50 profit share and will be subject to the performance of the business over the remaining contract period, with the past three years having been particularly difficult for businesses across the country and whilst the operational business has recovered well, there remains no certainty that excess profits will be made in the future; and

·       instruct officers, alongside other industry experts, with input from the energy market, to investigate the likely longer-term impact of the energy supply costs on the management of leisure facilities, reporting back to Cabinet with options that consider a longer-term approach to managing the situation. This report to be presented alongside a further report regarding Freedom Leisure and potential energy support for the remainder of 2023/24 and a review of ongoing actual costs to date.

Renewal of support and maintenance contract for the Idox Uniform software application.

AGREED for the renewal of the contract between the Council and the Idox Group for 3 years in accordance with the terms of the contract at an estimated total cost of £258k for the period from 1 April 2023 until 31 March 2026.

To approve delegated officer appointment of an external specialist provider to undertake the Council’s sewage effluent removal services for a 3-year period, plus an option to consider a 2-year extension if deemed viable in December 2025.

AGREED that officers be given delegated authority to appoint the most advantageous tenderer as per evaluation under the Public Contract Regulations 2015 and therefore undertake the Councils sewage effluent removal services for the coming 3-year period, commencing on 1 April 2023, including the option for a 2 year extension subject to agreement by both parties.

To agree and procure the forward procurement of cleaning services for Council owned and occupied premises for the period 2023 to 2027.

AGREED that for the procurement process to commence in order that Cambridgeshire County Council may complete the execution of the cleaning contract with Atalian Servest AMK Ltd before the contract commencement date of 1 April 2023.

To update on the progress of a new pavilion in Wisbech Park and consider the tendered cost of the pavilion and the additional capital funding requirement.

AGREED to:

·                 note the project progress;

·                 consider the financial position of the project, following tender returns, and to decide to continue the project with the tendered costs and estimated capital requirement from FDC detailed within exempt Schedule 10 (subject to tender assessments).

·                 delegate to the Section 151 Officer, working in consultation with the Portfolio Holders for Finance and Environment to facilitate the additional capital sum required, as detailed in the exempt Schedule 10, allowing acceptance of the best value compliant tender when tender assessments are completed following FDC’s Code of Procurement; and

·                 to delegate to the Section 151 Officer, working in consultation with the Portfolio Holders for Finance and Environment to enter into a construction contract with the best value compliant tenderer to build the Wisbech Park Pavilion.

This report relates to the Whittlesey Southern Relief Road Strategic Outline Business Case (SOBC) in relation to appointing a project board, selecting a contractor and entering into a grant funding agreement between CPA and FDC.

AGREED to:

·       confirm the establishment of the Project Board to oversee the business case project, confirm the boards remit including its terms of reference and membership;

·       note the procurement exercise to select a contractor to deliver the SOBC project, giving approval for delegated authority to the Portfolio Holder for Social Mobility and Heritage to award the contract;

·       note that third party funding has been approved from CPCA Market Towns Budget for this work.  A Grant Funding Agreement between CPA and FDC is required and that this agreement requires FDC to underwrite any capital overrun; and

·       delegate approval to the Portfolio Holder for Social Mobility and Heritage and the Portfolio Holder for Finance to sign the agreement on behalf of FDC.

To seek the agreement of Cabinet to undertake a joint procurement and award of Materials Recycling Facility (MRF) services for bulking, sorting, onward processing and sale of recyclable materials with other Recycling in Cambridgeshire and Peterborough (RECAP) partners.

AGREED to:

·       commit to the procurement and appointment of one or more contractors, to deliver Joint Materials Recycling Facilities (MRF) services for bulking, sorting, onward processing and sale of recyclable materials for all RECAP participating partners;

·       delegate to the Corporate Director and Section 151 Officer for the authorisation of the final Invitation to Tender (ITT), to award the contract, in consultation with the Portfolio Holder;

·       Cambridgeshire County Council nominating one or more preferred suppliers, in collaboration with the partners, for the provision of the services of bulking, sorting and onward processing and sale of recyclable materials contract, on behalf of the RECAP partners

·       Note that whilst providing procurement expertise, Cambridgeshire County Council are not party to any resulting contract; and

·       note that the resulting contract will likely require an updated TEEP assessment of the recycling service provision provided by Fenland which will be presented to a future Cabinet meeting.

To provide an update to Cabinet of the work of the Investment Board from April 2022 to February 2023.

AGREED to note the report and to approve a review of the current Commercial and Investment Strategy as determined by the Constitution and in light of the current economic environment and delegate this review to the S151 Officer for tabling at a future meeting.