Decision details

Approval has already been given, under delegated authority (see Appendix 1 delegated report), to enter into a contract with the Post Office for the administration of a cash payment element of the Council Tax Energy Rebate scheme.
Under Rule 14.8 of the Council’s Contract Procedure Rules there is a requirement that all contracts with a value of £0.050m or more to be executed under the Council’s seal unless an exception is considered appropriate.
The Council was required to accept the Post Offices’ form of contract without amendment and sign it electronically. This was not negotiable with the Post Office. Therefore, under Rule 21.3 (h) of the Contract Procedure Rules this report is seeking to formalise the approval to waive the requirement under 14.8 to execute the contract under the Council’s seal.
Due to the extreme urgency of making the decision to accept the Post Offices’ contract terms and hence waive the execution of the contract under the Councils seal, it was necessary to apply Contract Procedure Rule 21.4.5 which enabled the decision maker (the Deputy Chief Executive) to authorise the exemption in writing without the need for a formal report (17th June).
There is a requirement to complete such a report and as soon as practicable after the decision has been taken. This report also is the process by which compliance with Rule 21.4.5 is demonstrated.

RESOLVED - To waive the requirement under 14.8 to execute the contract under the Council’s seal.
Enabled the decision maker (the Deputy Chief Executive) to authorise the waiver/exemption in writing without the need for a formal report.

Option 1 - Do not agree to the formalising of the:
- action under Rule 21.3 (h) of the Contract Procedure Rules to waive the requirement under 14.8 to execute the contract under the Council’s seal;
- application of Contract Procedure Rule 21.4.5 due to extreme urgency, which enabled the decision maker (the Deputy Chief Executive) to authorise the waiver/exemption in writing without the need for a formal report.
Option 2 - Agree to the formalising of the;
- action taken under Rule 21.3 (h) of the Contract Procedure Rules to approve the waive the requirement under 14.8 to execute the contract under the Council’s seal;
- application of Contract Procedure Rule 21.4.5 due to extreme urgency, which enabled the decision maker (the Deputy Chief Executive) to authorise the waiver/exemption in writing without the need for a formal report.

Option 1

Consultation has taken place with Finance, Procurement, Policy and Legal Services officers.