Agenda and draft minutes

Urgent Decisions
Thursday, 15th June, 2023 12.45 pm

Contact: Felicity Foley, Committees Manager 2919, Email: felicity.foley@haringey.gov.uk

Items
No.	Item
1.	Apologies for absence To receive any apologies for absence. Minutes: There were no apologies for absence.
2.	Declarations of Interest A member with a disclosable pecuniary interest or a prejudicial interest in a matter who attends a meeting of the authority at which the matter is considered: (i) must disclose the interest at the start of the meeting or when the interest becomes apparent, and (ii) may not participate in any discussion or vote on the matter and must withdraw from the meeting room. A member who discloses at a meeting a disclosable pecuniary interest which is not registered in the Register of Members’ Interests or the subject of a pending notification must notify the Monitoring Officer of the interest within 28 days of the disclosure. Disclosable pecuniary interests, personal interests and prejudicial interests are defined at Paragraphs 5-7 and Appendix A of the Members’ Code of Conduct Minutes: There were no declarations of interest.
3.	Microsoft Enterprise Agreement - Contract Variation and Extension - for the Provision of Microsoft License Subscriptions, to include E5 PDF 270 KB The Chair of Overview and Scrutiny has agreed that the decision is reasonable in all the circumstances and that it should be treated as a matter of urgency. Please be advised that the Chair of Overview and Scrutiny has further agreed that the call-in procedure shall not apply to this urgent decision. This is because the decision is urgent and any delay in implementation caused by the call-in procedure would seriously prejudice the Council's or the public's interests due to the fact that the decision is time limited and constraints placed on the Council by Microsoft based on a commercial option they have provided to the Council which is financially favourable and advantageous and will ensure value for money for our residents. Accordingly, the Chair of Overview and Scrutiny Committee has agreed that the decision is both reasonable in all circumstances, and that it should be treated as a matter of urgency. This is in accordance with Part 4, Section H, and Paragraph 18 (a) and (b) of the Council Constitution. Additional documents: Appendices 1 - Original Cabinet Award - Microsoft Enterprise Contract , item 3. PDF 563 KB Minutes: This report sought Cabinet Member approval, under Contract Standing Order (CSO) 10.02.1b) to: extend the Council’s Microsoft (MS) Enterprise Agreement (EA) with MS Licensing Solution Partner, Bytes Software Services Ltd for the provision of MS licence subscriptions, by one additional year, taking the expiry date to 30th April 2026; and to vary the EA to include the transition of the services to MS 365 E5 (E5), originally provided for within the specification of the EA, such amendments amounting to a revised maximum contract value of up to £6,750,000.00. The report concerned the transition to E5, and the technology opportunities presented by such a move, including without limitation the required security improvements, and E5 Ramp discounts offered by MS (via Bytes) to the Council. This was a time limited bespoke offer from Microsoft which required a decision by the 16th June 2023 in order for the Council to take advantage of an offer which expired on 30th June 2023. The steps required to formalise this offer meant that it was not practicable to comply with the 28-day notice requirement in Part Four, Section D, Rule 13 of the constitution or the 5-day notice period required for key decisions. A delay to the decision would result in the Council not being able to enrol to Microsoft E5 this year, which would significantly harm the Council’s Security response and posture, and fail to respond to the Council’s Audit findings and recommendations in how to manage, transact and protect the Council’s IT assets and residents' data. Contracting under Digital Technology agreement (DTA) 21 provided the Council advantageous financial terms; DTA24 will realign with Microsoft pricing and reflect RPI (DTA 21 pricing is based on 2021 Public sector agreement). Councillor Carlin sought reassurance that although E5 would offer enhanced security, the Council did currently have adequate security in place. The title of the report originally spelt licence as ‘license’ and this would be changed to ‘licence’. The Cabinet Member for Finance and Local Investment RESOLVED to 1. Approve, under Contract Standing Order 10.02.1b), an extension to the Council’s Microsoft Agreement with Bytes Software Services Ltd for a further 1 year to 30th April 2026 and a variation of the maximum contract value from £4,500.000.00 to up to a maximum of £6,750,000.00. Such amendment was considered to be in compliance with the Public Contracts Regulations 2015 (PCR 2015), in particular Regulation 72(1)(a) and/or Regulation 72(1)(e) of PCR 2015. 2. Note that the recommendation in section 3.1 supported the Council’s adoption of E5, stipulated within the original award document (see appendices 1) which was noted in section 2.2 of the recommendations, and which was provided for within the originally awarded contract specification: A further report would be brought to Cabinet with a business case and funding for the approval of additional functionality licenses MS 365 E5 referred to in Paragraphs 5.13. to 5.15. of the original award report as approved by Cabinet. Reasons for decision An opportunity had been presented by MS for the Council to ... view the full minutes text for item 3.
4.	Exclusion of the Press and Public Item 5 is exempt from publication as it contains exempt information as defined in Section 100a of the Local Government Act 1972 (as amended by Section 12A of the Local Government Act 1985); paras 3 and 5, namely information relating to the financial or business affairs of any particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. Minutes: Item 5 was subject to a motion to exclude the press and public be from the meeting as it contained exempt information as defined in Section 100a of the Local Government Act 1972 (as amended by Section 12A of the Local Government Act 1985); paras 3 and 5, namely information relating to the financial or business affairs of any particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
5.	EXEMPT - Microsoft Enterprise Agreement - Contract Variation and Extension - for the Provision of Microsoft License Subscriptions, to include E5 View the reasons why item 5. is restricted Minutes: The Cabinet Member considered the exempt information.