Decision details

Decision details

Issue of a Letter of Intent to Serco Leisure pending the entering in to of the final services contract

Decision Maker: Executive Director (Communities and People)

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

Cabinet, on 24 January 2024, resolved to:

1.      Award a ten-year contract (with a five year extension option) for managing and developing the Council’s three leisure centres, Hinksey Outdoor Pool and the Oxford Ice Rink to Serco Leisure Ltd, subject to officers completing necessary due diligence and pre-contract negotiations; and

2.      Delegate authority to the Interim Executive Director (Communities and People), in consultation with the Head of Financial Services (S151 Officer), Head of Law and Governance (Monitoring Officer) and the Cabinet Member for Leisure and Parks to:

(i)        Complete due diligence, contract negotiation and finalise contract terms prior to the award of the contract; and

(ii)       agree, subject to the limits set by procurement law and the Council’s Constitution and for a maximum period of 2 months from the contract start date, interim arrangements for the delivery of the contract services by Serco Leisure Ltd where necessary to allow them to complete contract mobilisation after 29 March 2024.

Decision:

To issue a letter of intent to Serco Leisure on the basis that they have authority to mobilise for the commencement of the contract on 30 March 2024. In the event that the Council does not enter into the contract with Serco Leisure, that the Council will reimburse them for costs incurred in relation to mobilisation up to a total cost of £750k. Unless the Council terminates the letter without entering in to the contract with Serco Leisure no payment will be made to Serco Leisure.

Reasons for the decision:

The decision will allow Serco Leisure to mobilise prior to the contract being signed in order to ensure that they can successfully mobilise ready for the start of their leisure management contract on 30 March 2024.  The decision is needed as the contract is not ready for signing yet, but is programmed to be complete on or before 29 March.

Alternative options considered:

Wait until the contract has been signed. This was not considered appropriate given that it would not be possible to require Serco Leisure to continue mobilisation at risk whilst no commitment from the Council to either reimburse or contract with them is place.

Signed off by senior officers:

Decision taken by Peter Matthew, Interim Executive Director (Communities and People) in consultation with Bill Lewis, Senior Management Accountant (on behalf of the Head of Financial Services); Emma Jackman, Head of Law and Governance; Councillor Chewe Munkonge, Cabinet Member for Leisure and Parks; and Councillor Ed Turner, Deputy Leader (Statutory) – Finance and Asset Management.

Publication date: 29/02/2024

Date of decision: 29/02/2024

Effective from: 05/03/2024

Accompanying Documents: