Development Agency Contract with East Thames Group
The legal contract between Epping Forest District Council and East Thames for development agency services has been finalised and agreed. It is currently in the process of being signed/sealed by both parties and should be completed in advance of the meeting. An oral report on the position will be given at the meeting.
Decision:
That, if necessary, authority to sign the Development Agent Agreement with East Thames Group be confirmed by a Housing Portfolio Holder delegated decision, subject to further advice from the Council’s Legal Department and Democratic Services.
Minutes:
The Assistant Director of Housing reported that the legal contract between Epping Forest District Council and East Thames Group for development agency services had yet to be finalised. A discrepancy had been highlighted by the Council’s Legal Department in that East Thames Group had been referred to as East Region in the draft contract, which was different from the organisation’s name included in its tender submission. The advice of the Council’s Legal Department was that this matter may need to be referred to members for agreement. It was the view of the Director of Housing that this appointment could be approved by a Housing Portfolio Holder delegated decision, but further advice would be taken from the Legal Department and Democratic Services.
Recommended:
That, if necessary, authority to sign the Development Agent Agreement with East Thames Group be confirmed by a Housing Portfolio Holder delegated decision, subject to further advice from the Council’s Legal Department and Democratic Services.
Reason for Decision:
The Council had previously agreed that the appointment of a Development Agent should be based on the most economically advantageous tender.
Other Options Considered and Rejected:
To not make an appointment and undertake another tender exercise. However, as the tender exercise had been subject to the EU procurement rules, the Council could be legally challenged if it did not appoint a tenderer that had satisfied the pre-determined Selection Criteria.