Agenda item

To extend the Co-operative Working Agreement for Public Health Services with Sandwell and West Birmingham Hospitals NHS Trust.

171/21       Co-operative Working with Sandwell and West Birmingham Hospitals NHS Trust

Approval was sought to authorise the extension of the Co-operative Working Arrangement for Public Health Services with Sandwell and West Bromwich Hospitals NHS Trust.

This aimed to strengthen the governance around the Co-operative Working Agreement with Sandwell and West Birmingham Hospitals NHS Trust (SWBH). In particular, in relation to Regulation 12(7) of the Public Contracts Regulations 2015.

By extending the current agreement and reducing the duration of the new agreement by the same time period, the Council and SWBH would gain an opportunity to strengthen the governance around the new agreement without any impact on patients, services or budgets.

Reason for Decision

The Co-operative Working Arrangement were operational however the contract ended on 30 September 2021.

The governance arrangements were in place and working effectively including the Co-operative Working Management Board, the Cooperative Working Steering Group and the joint performance management of services under Co-operative Working. The operation of the Co-operative Working relationship had been assessed and was considered to satisfy the conditions of Public Contracts Regulations 2015, regulation 12(7); however, there was a need to elaborate the collaborative arrangements in the new Co-operative Working Agreement for Public Health Services. The extension period of 4 months to the existing contract would enable this to be undertaken.

Following the proposed extension, the contract would be for four years and 8 months. An initial period of 2 years 8 months from 1 Feb 2022 to 30 September 2024, and an option to extend for a further two years to 30 September 2026.

Alternative Options Considered

An alternative option considered was for the Council to consider the procurement of the services in question; however, that was likely to result in less co-ordinated, efficient and cost effective services being delivered. The collaborative approach with the NHS Trust ensure greater proficiencies and enabled both public sector bodies to achieve more effectively key objectives.

                           Agreed:-

(1)          that the Director of Public Health be authorised to extend the Cooperative Working Agreement for Public Health Services with Sandwell and West Birmingham Hospitals NHS Trust by 4 months on the same terms and conditions for the period 1 October 2021 to 31 January 2022;

(2)          that in connection with Resolution (1) above, approval be given to the cost of the extension to the Co-operative Working Agreement for Public Health Services with Sandwell and West Birmingham Hospitals NHS Trust, which totals approximately £2,709,670;

(3)          that with reference to Minute No. 117/20 taken by the Cabinet on 9 December 2020 in relation to the term of the new Co-operative Working Agreement, this now be reduced by 4 months as a means of offsetting the costs of the extension;

(4)          that the decision taken by the Cabinet on 9 December 2020 in relation to the new contract (see Minute No. 117/20), the term of the contract be amended for an initial period of 2 years 8 months, namely from 1 February 2021 to 30 September 2024 (reduced from three years) with an option to extend for a further two years to 30 September 2026;

(5)          that the Director of Law and Governance & Monitoring Officer, in consultation with the Director of Public Health, be authorised to approve variations up to a maximum of 10% of the contract value, should they be necessary;

(6)          that the Director of Law and Governance & Monitoring Officer be authorised to execute any documentation necessary to enable the above recommendations to be implemented;

(7)          that subject to approval of recommendations above, any necessary exemptions be made to the Council’s Procurement and Contract Procedure Rules to enable the course of action to proceed.