Agenda and minutes

Recommendation:

To note the appointment of a member as the Overview and Scrutiny Committee observer at meetings of this Cabinet Committee.

(Head of Research and Democratic Services) In establishing the Committee, the Cabinet resolved that a standing invitation be extended to a councillor representative of the Overview and Scrutiny Committee to attend meetings of this Cabinet Committee.

The Chairman welcomed Councillor Mrs A Grigg, attending her first meeting as an observer on behalf of the Overview and Scrutiny Committee.

(Head of Research and Democratic Services) To declare interests in any item on this agenda.

No declarations of interest were made pursuant to the Council's Code of Member Conduct.

Section 100B(4)(b) of the Local Government Act 1972, together with paragraphs 6 and 25 of the Council Procedure Rules contained in the Constitution require that the permission of the Chairman be obtained, after prior notice to the Chief Executive, before urgent business not specified in the agenda (including a supplementary agenda of which the statutory period of notice has been given) may be transacted.

In accordance with Operational Standing Order 6 (non-executive bodies), any item raised by a non-member shall require the support of a member of the Committee concerned and the Chairman of that Committee. Two weeks’ notice of non-urgent items is required.

It was noted that there were no urgent items of business for consideration at the meeting.

To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the paragraph(s) of Part 1 of Schedule 12A of the Act indicated:

To resolve that the press and public be excluded from the meeting during the consideration of the following items which are confidential under Section 100(A)(2) of the Local Government Act 1972:

Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)       All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)       At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)       Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)            disclose any facts or matters on which the report or an important part of the report is based;  and

(b)       have been relied on to a material extent in preparing the report does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

            RESOLVED:

That the public and press be excluded from the meeting for the item of business set out below on the grounds that it would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972:

Agenda                                                                   Exempt Information

Item No.            Subject                                             Paragraph Number

6            Waste Management Contract                     3 and 4

(Head of Environmental Services) To consider a restricted report.

(a)            Background Information

The Head of Environmental Services advised members of the structure for this meeting as agreed at the first meeting held on 28 February 2006.  Indecon, consultants, would advise members, Indecon representatives would leave the meeting and representatives of South Herts Waste Management (SHWM) would attend to discuss matters with members with officers absent, the discussion would continue with officers present, SHWM representatives would leave the meeting and members and officers would review the current position.

The Committee discussed recent correspondence between SHWM and the Council's Joint Chief Executive (Community Services) and noted steps, which had been taken by the officers. 

The Committee considered a report regarding legal and financial issues associated with the contract.  Members noted that the contract was a traditional type as opposed to a partnering contract.  However, it had been let using some elements of partnering in that the tenderers had submitted method statements setting out how they intended to perform the contract.  These statements had been the subject of some negotiations between officers and the successful tenderer before the contract had been signed.  The contract had provided for the parties to enter into a full partnering contract within six months of the date of the contract but due to difficulties in service provision this had not been achieved.

The Committee were advised that the structure of the contract was contained in the conditions of contract and details of the service to be provided were set out in the method statements.  The Council was required to give formal notice of any changes to the service or contract conditions to the service provider who could accept the changes or serve notice seeking additional payments.  Any dispute was to be referred to dispute resolution in accordance with the contract.  It was also possible for the parties to agree to vary the contract in a less formal way.

The attention of members was drawn to the provisions regarding default in the day?to?day performance of the contract.  A default notice could be issued requiring the default to be put right and 10 defaults in service provision of any one part of the service could be treated as a critical default.  Also, if the service provider failed to provide the services as agreed, meet recycling targets or failed to deliver a number of strategic targets, the Council could issue a critical default notice.  Members noted the steps available to the Council following the issue of a critical default notice. 

The Committee considered the provisions relating to termination of the contract and the clause regarding arbitration/dispute resolution.  Members also considered SHWM's financial situation based on accounts submitted to Companies House.  An analysis of payments under the contract showed that the Council had paid SHWM all that the company was entitled to receive.  Additional payments had been agreed in respect of garden waste collections, end of lease costs and productivity costs.  A request for up?rating of the contract sum for inflation was still under consideration.  Members noted the  ...  view the full minutes text for item 11.