Issue - meetings

To consider and decide on the recommendations as set out in the associated report. 

RESOLVED –

1. That the Head of Housing, Health and Environment in consultation with the Monitoring Officer and S151 Officer be given delegated authority to enter into a further 2-year contract extension with Tivoli to end 31 December 2024 be approved.
2. That the Council’s Monitoring Officer and S151 Officer be given delegated authority to undertake all legal and financial requirements necessary to complete the extension of the Grounds Maintenance Contract be approved.
3. That the Head of Housing, Health and Environment works with Tivoli to identify further environmental enhancements for the service and increase public awareness of the actions being taken be approved. 

REASON FOR DECISION:

To give certainty of cost and minimise risk for the Council for a period of 3 years. 

Nigel Bolton, Interim Services Manager introduced the report set out in the agenda.

Following the Communities and Economic Cabinet Advisory Board (CAB) held on Tuesday 11 January 2022, additional comments included:

-       In response to the environmental and biodiversity issues raised at the CAB, including Kent’s Plan Bee and the gathering pace of the concept of ‘rewilding’, the CAB recommended and agreed that a further recommendation be considered by Cabinet

-       With reference to the Cross Cutting Issues:

o   Staffing Issues – There were no staffing implications associated with Option 1 but there may be TUPE implications with the other options.

o   Finance and other Resources – If the contract was extended, the additional cost could be accommodated within the budget and the medium term financial strategy.

Discussion and questions from Members included the following:

-       The importance of environmental measures, ‘rewilding’ etc. was welcomed.  In addition the need to ensure there was regular engagement with members of the public.

-       Discussions with various sports clubs had taken place and there had been positive responses from them about taking on additional responsibility for their grounds.

-       The additional 2-year extension would allow the Council the time to have in-depth discussions with clubs and organisations about the requirements of taking on additional responsibility for the maintenance of their own grounds. 

-       Additionally, it was noted, the procurement process would take approximately 18 months.

-       The additional recommendation read ‘That the Head of Housing, Health and Environment works with Tivoli to identify further environmental enhancements for the service and to increase public awareness of the actions being taken.’

-       The CAB raised issues related to biodiversity, ‘rewilding’ and Kent’s Plan Bee.

-       There was currently no option for zero carbon reductions on the equipment used.  The same issue was applicable to the current waste contract.  It was noted it was the Council’s intention to move to zero emission vehicles but that it was currently being constrained by the lack of technology. 

RESOLVED –

1. That the Head of Housing, Health and Environment in consultation with the Monitoring Officer and S151 Officer be given delegated authority to enter into a further 2-year contract extension with Tivoli to end 31 December 2024 be approved.
2. That the Council’s Monitoring Officer and S151 Officer be given delegated authority to undertake all legal and financial requirements necessary to complete the extension of the Grounds Maintenance Contract be approved.
3. That the Head of Housing, Health and Environment works with Tivoli to identify further environmental enhancements for the service and increase public awareness of the actions being taken be approved. 

REASON FOR DECISION:

To give certainty of cost and minimise risk for the Council for a period of 3 years. 

To consider and provide a recommendation to Cabinet on the proposals set out in the attached report.

Nigel Bolton, Interim Services Manager introduced the report set out in the agenda.

Speaker: Councillor Sarah Hamilton.

Discussion and questions from Members included the following:

-       Biodiversity was very important and TWBC would continue to work to ensure that any adverse impact on the environment was minimal. 

-       The Council would further ensure that measures were included so that the contract was as environmentally friendly as practically possible.

-       Tivoli had an environmental policy which already supported most of the objectives raised by Councillor Hamilton.  This included compliance with current environmental legislation, the implementation of Best Practice, the reduction of their own carbon footprint, the protection of the natural environment and the prevention of pollution.  Tivoli also had a track record of ‘re-wilding’.

-       TWBC were about to launch a new section on their website that would provide information to the public about all the carbon reduction measures that the Council were undertaking and the measures available to the general public. 

-       The Queen’s Green Canopy Initiative had delivered 70 specimen trees and nearly 300 saplings to schools and parishes within the Borough.

-       Any risk associated with increases in wages, National Insurance contributions etc. would sit with the contractor and not the Council.  The specification clearly set out what was expected from the contractor. Failure to deliver could result in sanctions that were clearly defined in the contract.

-       There was no requirement for Tivoli to offer/agree an extension to the contract so in doing so, they would have been aware of the changes in the economy. 

-       It would be the responsibility of the Council to ensure good communication of measures being undertaken (green issues etc.).  But it was recognised that Tivoli would absolutely support the Council.

-       The sanctions available would depend on the level of the incident.  A low level incident that could be easily rectified would probably be in the form of a rectification order that would include an instruction of what had to be done and a timescale for completion.  A default in the contract could result in a financial penalty.  In extreme cases the contract could ultimately be terminated. 

-       The Council had a complaints system so instances of under performance etc. would be recorded. 

-       It was noted that towards the end of summer 2021 there had been anecdotal evidence of some consistent failures by the contractor.  Since then, there had been a marked reduction of recorded instances (including on social media).   

-       It was agreed that an additional recommendation would be included that reflected the environmental/biodiversity issues.

To note, the matter was decided in taking the exempt information set out in the Agenda as read.

RESOLVED – That the recommendations set out in the report be supported and that a further recommendation be added in relation to environmental/biodiversity issues.