The Provision of Legal Services (David Wilcox)
March 10, 2025 Awaiting outcome View on council websiteFull council record
Content
Salford City Council – Record of
Decision
I Paul Dennett, City
Mayor, in exercise of the powers
contained within the Council Constitution do hereby:
·
approve to Award the Contract for the Provision of
Legal Services to Salford City Council, as detailed in the table
below:
·
approve that the City Solicitor is authorised to
agree and finalise the terms of the Partnership Agreement with
Manchester City Council and to execute the
Agreement.
Detail required
Answers
Title/Description of Contracted
Service/Supply/Project
Provision of Legal Services to Salford City
Council
Procurement Reference numbers (DN and CR
number supplied by Procurement)
N/A
Name of Successful
Contractor
Manchester City Council
Supplier Registration Number
(to be supplied by Procurement
N/A
Proclass Classification No.
(to be completed by
procurement)
N/A
Type of organisation
(to be supplied by
Procurement)
Other
Status of Organisation
(to be supplied by
Procurement)
Non-SME
Contract Value (£)
£ 4m per annum
Total contract value £ (including
extensions)
£20m total project value
Contract Duration
36 months
Contract Start Date
01/04/2025
Contract End Date
31/03/2028
Optional Extension Period 1
24 months
Optional Extension Period 2
N/A
Who will approve each Extension
Period?
Procurement Board (extension >
£150k)
Contact Officer (Name &
number)
surjit.tour@salford.gov.uk
Lead Service Group
Reform & Transformation
How the contract was procured?
(to be supplied by
procurement)
Other
Framework Details (where
applicable)
(procurement body, framework reference
& title, start/ end date
N/A
Funding Source
Revenue Budget
Ethical Contractor (EC): Mayor’s
Employment Charter
N/A
EC: Committed to sign The Mayor’s
Employment Charter
N/A
EC: Committed to the principles outlined
in the Mayor’s Employment charter
N/A
EC: Accredited Living Wage
Employer
Yes
EC: Committed to becoming Accredited
Living wage Employer
N/A
?
The Reasons are:
The current contractual
arrangement expires on 31 March 2025 and cannot be extended
further. There are no alternative arrangements in place to provide
legal services to Salford City Council.
Options considered and rejected
were:
Not to enter into a contract
with Manchester City Council was rejected on the grounds that there
is currently no viable alternative arrangement to provide legal
service to Salford City Council on the scale and with the
complexity required.
Assessment of Risk: High
The source of funding
is:
The approved revenue budget
allocated to the Resources and Transformation
Directorate.
Legal Advice obtained: Supplied by: Dave Wilcock,
Solicitor (Corporate Projects), supported by Browne Jacobson
Solicitors.
A formal procurement process by
SCC has not been undertaken, on the basis that the contract is a
‘Horizontal Arrangement’ as defined in Schedule 2 of
the Procurement Act 2023, which means that it is an Exempted
Contract. Because of the exemption, the tendering provisions of the
Act do not apply.
Financial Advice
obtained: Supplied by:
David Mills – Strategic Head of Finance
The report is seeking to
approval the award of a contract for the provision of legal
services, in the form of a Partnership Agreement, to Manchester
City Council. The Agreement with run between 3 and 5 years, with an
optional mutual break after 18 months. The anticipated cost of this
service is £4m per annum with increases to reflect inflation
each year. The contract will be subject to strict management
controls to ensure that costs are contained.
Procurement Advice obtained:
Supplied by: Emma Heyes, Category
Manager The Corporate Procurement Team
The Procurement Act 2023, which
comes into effect on 24th February 2025, makes provision for
exempted contracts.
The exemption in this case
being relied on is defined in Schedule 2 of the Procurement Act
2023, 3(1); A contract between contracting authorities only that
relates to a horizontal arrangement between those
authorities.
A “horizontal
arrangement” means an arrangement—
(a) entered
into—
(i) with the aim of achieving
objectives the authorities have in common in connection with the
exercise of their public functions;
(ii) solely in the public
interest;
(b) in which no more than 20
per cent of the activities contemplated by the arrangement are
intended to be carried out other than for the purposes of the
authorities’ public functions.
HR Advice obtained: Supplied
by: Kate Story, Strategic HR Manager
As the arrangements are
currently being provided by Manchester City Council and the
proposal is to engage further with them through contractual
arrangements the staffing implications are minimal. The report sets out that TUPE would be applicable
at the cessation of the agreement ends and any further
agreements/contracts would need to be cognisant of this.
Climate Change Implications
obtained: N/A
The following documents have
been used to assist the decision process:
·
There are no previous reports. Forward briefings
have taken place with SLT, CMT, the Lead Member, City Mayor
(January 2025) and Cabinet (11 February 2025).
Contact Officer: Dave Wilcock; Mark Jones
Telephone number:
dave.wilcock@salford.gov.uk
; m.jones@salford.gov.uk
·
This matter is also subject to consideration by the
Lead Member for Lead Member for Finance, Support Services and
Regeneration. The Lead Member has been consulted and is supportive
of the proposed contract.
·
This matter is not subject to consideration by
another Lead Member.
·
The appropriate Scrutiny Committee to call-in the
decision is the Overview and Scrutiny Board.
Signed: Paul
Dennett Dated: 10 March 2025.
City
Mayor
FOR DEMOCRATIC SERVICES USE
ONLY:
*
This decision was published on 11 March 2025
*
This decision will come in force at 4.00 p.m. on 18 March 2025
unless it is called-in in
accordance with the Decision Making Process Rules.
Related Meeting
Procurement Board - Monday, 10 March 2025 2.00 pm on March 10, 2025
Details
| Decision date | 10 Mar 2025 |
| Subject to call-in | Yes |