Agenda and minutes

A Member must declare any disclosable pecuniary interest where it relates to any matter being considered at the meeting. A declaration of a disclosable pecuniary interest should indicate the interest and the agenda item to which it relates. A Member is not permitted to participate in this agenda item by law and should immediately leave the meeting before the start of any debate.

If the Member leaves the meeting in respect of a declaration, he or she should ensure that the Chairman is aware of this before he or she leaves to enable their exit from the meeting to be recorded in the minutes in accordance with Standing Order 37.

None declared.

Report of Councillor Solomon (attached)

Councillor Solomon presented the report.  He noted that the recommendation to the Executive had been amended in light of potential difficulties in securing resources and the offer by the current contractor to shorten the notice period for the break clause by two months. 

The Assistant Director Legal and Governance confirmed that the recommendation now included a requirement for a legally binding amendment to the contract that 10 months’ notice of the intention to activate the break clause from 31 May 2022 be agreed with the contractor.

Resolved:

(1)  To allow further time for negotiation with Glendale Grounds Management Ltd (Glendale) and consideration of possible options, the Council will seek to conclude (prior to the current deadline) legally binding amendment(s) to the deadline for exercising the contract termination break clause. The current deadline of 31st March 2022 for giving 12 months’ notice of exercise of the break clause to be amended to provide that 10 months’ notice of exercise of the break clause be given by 31st May 2022.  

(2) Provided that the legally binding amendment(s) in line with recommendation 1 is/are concluded prior to the current deadline date for issuing notice, to then undertake further negotiations with Glendale to ascertain if amendments to the existing contract can be made to provide service and financial benefits to the Council.

(3) In the event that legally binding amendment(s) in line with recommendation 1 is/are not concluded prior to the current deadline date for issuing notice, then:

a.       To agree to terminate the grounds maintenance and street cleansing contract with Glendale Grounds Management Ltd (Glendale) on 31st March 2023 in line with the contract extension break clause agreed by the Executive on 11th February 2021, and to notify the contractor prior to 31st March 2022 in line with the agreed contract extension terms.

b.       To agree that the services within the grounds maintenance and street cleansing contract that were previously delivered by Glendale will be awarded to the council’s local authority trading company North Somerset Environment Company in a legally compliant way by using the Teckal exemption.  

Reason for the decision:

As set out in the report and discussed above.

Alternative options considered:

As set out in the report.