Decision Maker: Cabinet
Decision status: Decision made
Is Key decision?: Yes
Is subject to call in?: Yes
To seek approval for the selection of the
preferred bidder.
The Cabinet agreed the preferred partner for
Medway LIFT Co, as referred to in the exempt addendum report, with
whom further negotiations will be conducted.
The Cabinet agreed that the Portfolio Holder for Health and
Community and the Director of Health and Community Services
continue to represent the interests of the Council on the LIFT
Shadow Board.
The Cabinet agreed that officers enter into discussions and
negotiations with other public sector partners from the perspective
of the Council remaining a key stakeholder, being an active
participant in the Strategic Partnering Board and supporting the
development of the annual Strategic Service Delivery Plan for LIFT
Co.
The Cabinet agreed to reserve judgement on the issues of
exclusivity pending further clarification of the issues and the
evaluation of the implications of granting or not granting any
exclusivity to Medway LIFT Co.
The Cabinet agreed that the Council's legal and financial officers
evaluate the costs, benefits and other implications of Medway
Council taking a shareholding in Medway LIFT Co.
The Cabinet agreed that the contract rules be waived in accordance
with Contract Rule 2(b)(i) to permit Nabarro Nathanson to be
retained should further legal support be required - subject to fees
not exceeding the upper limit.
Officers of the Council have been fully
involved in the process of identifying the preferred bidder. Due
processes have been followed and these are compliant with the
expectations the Council would have applied if it had led on the
procurement.The establishment of LIFT Co presents a significant
opportunity to improve public sector services in Medway and
complements other regeneration initiatives in Medway. There is
therefore a significant advantage to be gained from the Council
being actively involved in LIFT Co.
LIFT Co should be regarded as a property development and management
company in which the Council may wish to have a stakeholding and a
shareholding. However, many of the detailed issues cannot be
considered or addressed until it is possible to enter into
negotiations with all LIFT Co stakeholders, which includes the
preferred bidder.The concept of LIFT Companies is new and each
procurement in the early phases will be developed in a unique way.
The above recommendations therefore secure but do not compromise
the Council's position, but do provide the basis for more focused
negotiations with the preferred bidder and other public sector
partners. This will help clarify the issues and implications in the
formulation of firm recommendations for decisions that will need to
be taken before financial close.
Publication date: 25/11/2003
Date of decision: 25/11/2003
Decided at meeting: 25/11/2003 - Cabinet
Effective from: 05/12/2003
Accompanying Documents: