Item 4 - Matters Arising and Actions List PDF 156KB
Transcription
Item 4 - Matters Arising and Actions List PDF 156KB
Finance and Policy Committee Date: 25 November 2014 Item 4: Actions List and use of Delegated Authority This paper will be considered in public 1 Summary 1.1 This paper informs the Committee of progress against actions agreed at previous meetings and the exercise of authority delegated to the Chairman of the Committee, since the last meeting. 2 Recommendation 2.1 The Committee is asked to note the Actions List and use of Delegated Authority. List of appendices to this report: Appendix 1 Actions List Appendix 2: Use of delegated authority List of Background Papers: Minutes of previous meetings of the Committee Contact Officer: Number: Email: Howard Carter, General Counsel 020 3054 7832 HowardCarter@tfl.gov.uk 1 Appendix 1 Finance and Policy Committee Action List (reported to the meeting on 25 November 2014) Actions from the meeting held on 14 October 2014 Minute No. Description 88/10/14 Benchmarking and Financial Planning at TfL Members requested a paper to a future meeting setting out the current efficiencies saving initiatives and the benchmarking activities (including stretch targets) that contributed to these to be delivered over the current Business Plan. 90/10/14 90/10/14 90/10/14 91/10/14 Project Monitoring – Project Approvals – Silvertown Tunnel Members requested briefings on the proposals for the Silvertown Tunnel, which was the subject of a public consultation, and the progress with procuring the Automatic Train Control contract for the sub-surface railway. Project Monitoring – Project Approvals – Police Oyster cards Under the Fit for the Future Stations Programme, Members requested a breakdown of the costs relating to producing and distributing Police Oyster cards. Project Monitoring – Project Approvals – step-free access Information on the costs, civil engineering challenges and benchmarking data for step-free access to Finsbury Park station would be provided to the Rail and Underground Panel. Licence Fee for Taxis Fitted with Digital Taxi Top Advertising Members requested that the paper to be submitted to the Board include information on the different means for taxi owners or operators to generate supplementary income. 2 Action By Target Date Status note Steve Allen January 2015 On Forward Plan. Michéle Dix and Mike Brown November 2014 Completed. Mike Brown November 2014 Information will be provided ahead of the next meeting. Mike Brown February 2015 On Rail and Underground Panel forward plan. Leon Daniels November 2014 Completed. Minute No. Description Action By 92/10/14 iBus Contract Extension A paper would be submitted to a future meeting providing: Leon Daniels • a breakdown of the financial information in the table under paragraph 5.1 in the paper, including the figures for the previous five years as well as the proposed extension, and why it was considered to represent value for money; • a further management discussion with the Independent Investment Programme Advisory Group (IIPAG) and a response to the issues that had been raised by the IIPAG; and • advice on whether extending the contract was consistent with public procurement rules. 95/10/14 Supply of Data Communication Services and Support Contract Extension – Internal Audit Review Initial findings from the Internal Audit Review on Procurement Authority controls would be submitted to the Committee. A paper would then be submitted to the Audit and Assurance Committee, setting out the investigation results and the proposed additional controls. 3 Howard Carter Target Date Status note January 2015 On Forward Plan. December 2014 An initial review and management response was seen by the members of the Committee. A full report will be submitted to the Audit and Assurance Committee in December 2014. Actions from previous meetings Minute No. Description 59/11/12 Police Services Agreement with the British Transport Police Authority The Committee would receive an update, in due course, on progress on greater efficiencies and any progress on removing TfL’s indemnity to the BTP Authority in respect of any claims arising out of the policing services. 89/11/13 48/06/14 48/06/14 48/06/14 Update on Planning Obligations – 2050 Infrastructure Plan A paper would be submitted to a future meeting of the Committee on the 2050 Infrastructure Plan. Action By Target Date Status note Mike Brown January 2015 On Forward Plan. Awaiting outcome of BTP budget discussions. Michèle Dix November 2014 Completed. Considered by the Board on 5 November 2014. January 2015 On Forward Plan. Operational and Financial Performance Report and Investment Programme Report – Fourth Quarter, 2013/14 – Traffic Schemes A paper seeking authority for further works as part of the cycling vision would Leon Daniels be submitted to the Committee in January 2015 and to the Board in February 2015. Operational and Financial Performance Report and Investment Programme Report – Fourth Quarter, 2013/14 – Approvals Template A template for Surface Transport’s future approval submissions would be developed. The template would include a summary of the cost benefit analysis and an overview of the predicted model effects of any scheme. Operational and Financial Performance Report and Investment Programme Report – Fourth Quarter, 2013/14 – Cycling Vision The IIPAG would provide a note on its work to review the overall Cycling Vision, in particular the Cycle Superhighways and the central network of quietways. 4 Leon Daniels/ November Howard 2014 Carter Completed. Steve Allen Linked to the review of the cycling portfolio. January 2015 Minute No. Description 62/07/14 Independent Investment Programme Advisory Group – Annual Report 2013/14 – Telecommunications Further information would be provided to Members on how TfL would address the issues that the IIPAG had raised on telecommunications. 76/08/14 76/08/14 Northern Line Extension to Battersea – Conditions Precedent A further paper would be submitted to the Committee and Board, prior to 31 March 2015, to confirm if the conditions precedent had been met. Northern Line Extension to Battersea – Bank Station Comparison In due course, the Committee would consider the differences between the NLE and Bank Station Capacity Upgrade processes, including the involvement of the IIPAG. 5 Action By Target Date Status note Steve Allen January 2015 On Forward Plan. Mike Brown March 2015 On Forward Plan. Mike Brown January 2015 On Forward Plan, following completion of Assurance Review in November 2014. Exercise of Delegated Authority By: Chairman, Finance and Policy Committee On: 27 October 2014 Subject: Earls Court Joint Venture Funding Request In accordance with the authority delegated from the Board, the Chairman of the Finance and Policy Committee, in consultation with available members of the Committee on 27 October 2014: 1 approved the investment limit for Phase 1 of the development at Earls Court, as described in the paper 1. The investment is within the maximum approved budget, as set by the Board and is being made in accordance with TfL’s usual investment processes; and 2 noted that in its decision of 5 February 2014, the Board delegated to TfL including Transport Trading Limited (TTL) and any other subsidiary (whether existing presently or to be formed ) of TTL (and any of the directors of the relevant company shall be authorised to act for and on behalf of that company) (the Subsidiaries) and the Commissioner, Managing Director Finance, Managing Director Rail and Underground and General Counsel (TfL Officers) the authority to approve and finalise the terms (including the financial terms) of all documentation required in relation to the creation, operation and management of the joint venture with Capco and authorise the execution (whether by deed or otherwise) on behalf of TfL or any Subsidiary (as appropriate) of any documentation to be entered into in connection with the completion (including, without limitation, all agreements, deeds, guarantees, indemnities, announcements, notices, contracts, letters or other documents). I confirm that I do not have any disclosable pecuniary interests in the this matter, and took the decision in compliance with TfL’s Standing Orders. ____________________ Peter Anderson, Chairman, Finance and Policy Committee 1 The signed delegated authority sheet specifies the investment limit and the approved budget. This information is exempt and is therefore not for publication to the press or public by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972 in that it concerns information relating to the business affairs of TfL. Supporting Information 1 Consultation All members on the Finance and Policy Committee received a copy of supporting information setting out the rationale for the investment. The persons present on a call (10.30am – 11.15am) immediately prior to the decision being taken, were: Members Peter Anderson Daniel Moylan Sir John Armitt CBE Brian Cooke Angela Knight Michael Liebreich Chairman Vice Chairman Member Member Member Member Staff Steve Allen Howard Carter Jonathan Cornelius Graeme Craig Henry Gervaise-Jones Shamus Kenny Managing Director, Finance General Counsel Senior Property Development Manager, Finance Director of Commercial Development Head of Finance, Commercial Development Head of Secretariat 2 Related Authority Board, 5 February 2014, minute 13/02/14, resolution paragraph 4. The Board: 4 delegated to the Chairman of the Finance and Policy Committee (in consultation with available members of the Committee) the authority to approve any investment decisions and guarantees required within the maximum approved budget set out in the supplemental paper on Part 2 of the agenda. Any such investment decisions and guarantees to be taken in accordance with TfL’s usual investment processes; 3 Background Information provided and key issues considered by the Chairman and Committee members 1 Information was provided on the Funding Notice issued by Earls Court Partnership Limited (JV) to fund its capital requirements over the next two years. Its funding advisors had recommended using additional equity rather than introducing third party debt at this stage. The Funding Notice was issued on 14 October and TfL had until 12 November 2014 to confirm whether or not it wished to provide its pro-rata share of the Funding Notice. 2 The Committee was updated on the progress of the planned development, including that the London Borough of Hammersmith and Fulham had signed off on the demolition of Earls Court 1 and 2. Members discussed the current funding requirement, which would see the land developed into fully serviceable plots, and the associated financial analysis. The investment would be issued to the contractors as and when it was required. 27 October 2014 Finance and Policy Committee Chairman exercise of delegated authority 2 3 The Committee discussed the development, the current market and the quality of and market interest in the Lille Square development and considered that the investment was appropriate in this context. 4 Members commented on the importance of the Joint Venture appointing established construction contractors with good track records for major developments. They also recommended that initial discussions with the banks on funding the construction phases through debt should be started as soon as possible. [End] 27 October 2014 Finance and Policy Committee Chairman exercise of delegated authority 3 Exercise of Delegated Authority By: Chairman, Finance and Policy Committee On: 28 October 2014 Subject: Supply of Data Communication Services and Support Contract Extension In accordance with authority delegated from the Board and the Finance and Policy Committee, the Committee Chairman, in consultation with available members of the Committee on 28 October 2014: 1 approved the proposed extension of up to 27 months of the Supply of Data Communications Services and Support contract (both core services and projectspecific services) with Fujitsu Services Limited (the Extension), and granted additional procurement authority (some of which has already been incurred) of £149.6m 1; and 2 authorised: (a) TfL Officers and Subsidiaries (as described in paragraph 3 below) to finalise the terms of the Extension; (b) the agreement and execution (whether by deed or otherwise on behalf of TfL or any subsidiary (as appropriate)) of any documentation to be entered into in connection with the Extension and any matters referred to in it (including, without limitation, all agreements, deeds, guarantees, indemnities, announcements, notices, contracts, certificates, letters or other documents); and (c) TfL Officers and Subsidiaries to do all such other things as they consider necessary or desirable to facilitate the execution and implementation of the Extension and the matters referred to in it. 3 The following Officers and Subsidiaries have authority: (a) TfL Officers: the Commissioner, Managing Director Finance, General Counsel and Chief Finance Officer; and (b) Subsidiaries: Subsidiaries of TfL including Transport Trading Limited and any other subsidiary (whether existing presently or to be formed) of Transport Trading Limited and any directors of the relevant company shall be authorised to act for and on behalf of the company. I confirm that I do not have any disclosable pecuniary interests in the this matter, and took the decision in compliance with TfL’s Standing Orders. ____________________ Peter Anderson, Chairman, Finance and Policy Committee 1 Total spend to 8 November 2014, £179.6m, less £84m Procurement Authority, plus the forecast spend of £54m, being the sum of £22.5m base costs and the estimated £31.5m project spend = £149.6m Supporting Information 1 Consultation All members on the Finance and Policy Committee received a copy of supporting information setting out the rationale for the extension and an Internal Audit Report and Management Response in relation to the use of Procurement Authority and associated controls. The persons present on a call (3.00pm – 3.45pm) immediately prior to the decision being taken, or who responded to the papers, were: Members Peter Anderson Daniel Moylan Brian Cooke Michael Liebreich Baroness Grey-Thompson DBE Chairman Vice Chairman Member Member Member (by email) Staff Steve Allen Howard Carter Colin Garland Andrew Pollins Steve Townsend Shamus Kenny Managing Director, Finance General Counsel Internal Audit Interim Chief Finance Officer Chief Information Officer, Finance Head of Secretariat 2 Related Authority Board, 24 September 2014, minute 66/09/14. The Board noted the paper and: 1 delegated to the Finance and Policy Committee authority to approve the proposed extension of the Supply of Data Communications Services and Support contract with Fujitsu Services Limited, as described in the paper (the Extension), and to grant additional procurement authority requiring the Board’s authority (some of which had already been incurred); 2 authorised the TfL Officers and Subsidiaries (as described in paragraph 5) to finalise the terms of the Extension; 3 authorised the agreement and execution (whether by deed or otherwise on behalf of TfL or any subsidiary (as appropriate)) of any documentation to be entered into in connection with the Extension and any matters referred to in it (including, without limitation, all agreements, deeds, guarantees, indemnities, announcements, notices, contracts, certificates, letters or other documents); and 4 authorised TfL Officers and Subsidiaries to do all such other things as they consider necessary or desirable to facilitate the execution and implementation of the Extension and the matters referred to in it. 5 The following Officers and Subsidiaries shall have delegated authority: (a) TfL Officers: the Commissioner, Managing Director Finance, General Counsel and Chief Finance Officer; and 28 October 2014 Finance and Policy Committee Chairman exercise of delegated authority 2 (b) Subsidiaries: Subsidiaries of TfL including Transport Trading Limited and any other subsidiary (whether existing presently or to be formed) of Transport Trading Limited and any directors of the relevant company shall be authorised to act for and on behalf of the company. Finance and Policy Committee, 14 October 2014, minute 75/10/14 Subject to the provision of additional information, the Committee delegated to its Chairman, in consultation with available members of the Committee, authority to: 1 approve an extension of the Supply of Data Communications Services and Support contract with Fujitsu Services Limited (the Extension); 2 grant additional procurement authority (some of which has already been incurred); and 3 delegate authority to TfL Officers and Subsidiaries to finalise the terms of the Extension and their execution and implementation. 3 Background Information provided and key issues considered by the Chairman and Committee members 1 Information was provided on the history of the contract, the extensions culminating in the current expiry date of 8 November 2014 and the rationale for a further extension of the Agreement. 2 The proposed extension of the Agreement was required to ensure continuity of critical services and to facilitate TfL’s wider Transforming IM delivery strategy and delivery of the pan TfL Data Networks strategy. Under the proposed timeline, the Networks service procurement was planned for issue in May 2015 and to take approximately one year to complete. Following contract award further time was required to transition to the new service provider. Therefore an extension for up to a maximum of 27 months was requested to allow sufficient time for these activities to be completed. Members requested that each aspect of the timeline be reviewed to see if the 27 month period could be reduced. 3 A paper would be submitted to a future meeting of the Committee setting out the Transforming IM delivery strategy and pan TfL Data Networks strategy. The paper would demonstrate how TfL was looking to reduce the number and costs of IM contracts across the organisation. 4 An Internal Audit report on the use of Procurement Authority was considered. Management agreed with, and would immediately commence the progression of, the actions from the report. Further audit work would be undertaken and a report would be submitted to the Audit and Assurance Committee in due course. [End] 28 October 2014 Finance and Policy Committee Chairman exercise of delegated authority 3