DELEGATED POWERS REPORT NO SUBJECT: Contract

1476

Variation for Existing Barnet Online Hosting

Provision
Control sheet All of the following actions MUST be completed at each stage of the process and the signed and dated report MUST be passed to the Governance Service for publishing
All reports 1. Governance Service receive draft report Name of BGO Date 2. Governance Service cleared draft report as being constitutionally appropriate 3. Finance clearance obtained (report author to complete) Name of BGO Date Name of Fin. Officer Date 4. Staff and other resources issues clearance obtained (report author to complete) Name of Comm. Officer Date 5. Trade Union response received (Staffing issues only) 6. Legal clearance obtained from (report author to complete) Policy & Partnerships clearance obtained (report author to complete) Equalities & Diversity clearance obtained (report author to complete) The above process has been checked and verified by Director, Head of Service or Deputy (report author to complete) Name of TU rep. Date Name of Legal officer Date Name of P&P officer Date Name of officer Date Name Date Name of BGO Date Name of BGO Date Name of BGO Date Sheila Saunders 4th November 2011 Andrew Nathan 19th Oct 2011 Andrew Nathan 19th Oct 2011
Director of Commercial Services

Andrew Charlwood 18/10/2011 Andrew Charlwood 21/10/2011 Sue Templeman/ Debbie Edwards 19th Oct 2011 None

N/A

7.

8.

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15 Nov 2011 Andrew Charlwood 28 Nov 2011 Paul Frost 30 Nov 2011 N/A

10. Signed & dated report, scanned or hard copy received by Business Governance Service for publishing 11. Report published by Business Governance Service to website Officer reports: 12. Head of Service informed report is published and can be implemented. Cabinet Member reports: 13. Expiry of call-in period 14. Report circulated for call-in purposes to Business Management OSC members & copied to Cabinet & Head of Service

Date Name of BGO Date

N/A N/A

ACTION TAKEN UNDER DELEGATED POWERS BY OFFICER (EXECUTIVE FUNCTION)

Subject Officer taking decision Date of decision

Summary

Variation of Contract for the hosting of Barnet Online Director of Commercial Services 25 November 2011
Authority to vary the councils contract with Keltec Limited in order to clarify the provision for termination of the contract for the hosting and management of the councils existing website Shahzad Rehman: IS Andrew Gee, Acting IS service Delivery Manager

Officer Contributors

Status (public or exempt) Wards affected Enclosures Reason for exemption from callin (if appropriate)

Public All None Not applicable

Contact for further information: Andrew Gee, Acting IS service Delivery Manager

Serial No 1476

1.

RELEVANT PREVIOUS DECISIONS The councils website application software has been supplied by Opentext while external hosting has been managed through KELTEC Ltd. Cabinet ICT, 1 February 2005, IEG4 Return Implementing Electronic Government, resolved to note progress on e-govt and provide comments on activities as planned Cabinet ICT, 29 June 2005 Information Systems Recovery Plan Final Report. Cabinet ICT, 14 September 2005 e-Government update and activities for next IEG Statement. That the position achieved on the IEG 4.5 statement and the progress on projects enabling Barnet to comply with government targets be noted. Cabinet ICT December 2005, Content Management System and Barnet Online. That the Committee note the progress on implementing the Content Management System and endorse the steps made to modernise Barnet Online

2.

CORPORATE PRIORITIES AND POLICY CONSIDERATIONS Effective termination of all existing agreements relating to maintenance of Barnet Online needs to happen in the event of an alternative provision for the website being made. This will support the priority of obtaining Better services with less money in the corporate plan

3. 3.1

RISK MANAGEMENT ISSUES I do not consider the issues involved are likely to raise significant levels of public concern or give rise to policy considerations. If the provision for termination of the hosting contract with Keltec Ltd is not clarified, there is a risk that the council will not be able to terminate the contract as required in order to enable alternative infrastructure provision for the website. The current supplier must receive at least three (3) months prior written notice of termination prior to the start of the new hosting period otherwise the annual hosting cost for the subsequent period becomes applicable. EQUALITIES AND DIVERSITY ISSUES Under the Equality Act 2010, the council and all other organisations exercising public functions on its behalf must have due regard to the need to: a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act; b) advance equality of opportunity between those with a protected characteristic and those without; c) promote good relations between those with a protected characteristic and those without. The protected characteristics referred to are: age disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation. It also covers marriage and civil partnership with regard to eliminating discrimination

3.2

4. 4.1

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The Councils website www.Barnet.gov.uk has enabled Barnet residents to communicate with the Council online, allowing the council to meet its statutory equality responsibilities and providing greater insight into understanding the impact on groups with defined protected characteristics.

5.

USE OF RESOURCES IMPLICATIONS (Finance, Procurement, Performance & Value for Money, Staffing, IT, Property, Sustainability) Finance; None; The variation will not affect the existing payments. The annual commitments to KELTEC in the current year is 31,000 for hosting. Additionally LBB provision 10,000 contingency to KELTEC in the event of a disaster recovery scenario Procurement: None Performance & Value for Money: None Staffing: None IT: Timely decommissioning of existing LBB equipment from the external hosting provider. Property: None Sustainability: The current hosting platform would not be available from 1st May 2012 if the termination was enacted at least ninety days prior to that date. LEGAL ISSUES The variation will be given effect by the execution of Special Terms and Conditions on behalf of, both, the council and Keltec Ltd. The Special Terms and Conditions confirm that either party may terminate the existing agreement after the expiry of [24 months] from the Commencement date, subject to compliance with the notice provisions of the contract. The contract commenced on 1st May 2010 and three (3) months prior written notice must be given to terminate the contract. In reliance on this provision three (3) months prior written notice may be given to terminate the contract on April 30th /May 1st 2012.. CONSTITUTIONAL POWERS Constitution, Part 3, Responsibility for Functions, Section 6 Powers delegated to officers, paragraph 6.1 Chief Officers can take decisions to authorise and accept quotations for contracts to the limits placed on Chief Officers by Contract Procedure Rules for approved schemes with sufficient estimate provision Contract Procedure Rule 5.6.2 deals with contract variation. A contract may be varied provided that it is in accordance with the terms and conditions of that contract and the variation is notified to and agreed in writing with the contractor; any additional expenditure necessarily incurred does not exceed 10% of the initial contract.

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