Agenda item

            The Committee was advised that a pilot allegating exercise, which had taken place over the pervious two years in five areas of the City, that is, The Mount/Willowfield, Lower Windsor, Little Americas, Woodvale and Beechmont, had been completed successfully.  The existing gates occasionally needed maintenance work to be undertaken.  In addition, a capital programme proposal had been submitted for potential additional gates in other areas.  Accordingly, it had been deemed appropriate to seek tenders from contractors who could undertake both schemes.

            The establishment of a 3 (extendable to 4) year term agreement with a contractor would enable alleygates to be erected promptly as and when funding became available and could facilitate also the carrying out of maintenance on existing alleygates.

            It was reported that the tender process had been undertaken and the submissions had been evaluated in accordance with the Council’s Procurement Procedures.  The evaluation had identified the most economically advantageous submission, on the basis of price and quality, as that submitted by the Red Sky Group.

            The Director of Improvement reminded the Committee that, at its meeting on 20th March, it had deferred consideration of the matter to enable further information to be obtained.  He reported that the Legal Services Department had advised that third?party opinion should not be taken into consideration in the award of the contract by the Council as:

·         the tender submissions had been evaluated in accordance with the Council’s Procurement Procedures;

·         the Red Sky Group had completed satisfactorily the installation of the existing pilot exercise alleygates and had previously satisfactorily undertaken other streetscape contracts for the Council; and

·         failure to award the contract to Red Sky in accordance with the conditions of the tender might lead to a legal challenge.

            Although a proposal for the erection of the further alleygates had been submitted for inclusion in the capital programme, no capital funding had been forthcoming and the proposal had not been approved as a “committed” project.  The establishment of a term-contract would not commit the Council to any expenditure relating to the submitted proposal, but would establish a framework for advancing the necessary work as and when capital funding became available.  It would provide also a mechanism for any necessary maintenance carried out on the existing alleygates, the expenditure for which would be met from revenue budgets.

            Accordingly, it was recommended that the Committee approve the establishment of a term agreement with The Red Sky Group for the maintenance and erection of alleygates, subject to the completion of form of contract.

            After a lengthy discussion, it was

Moved by Councillor Stoker,

Seconded by Councillor Rodway,

      That the Committee agrees to adopt the recommendation.

            On a vote by show of hands four Members voted for the proposal and eight against and it was accordingly declared lost.

Further Proposal

            Moved by Councillor Attwood,

            Seconded by Councillor C. Maskey,

                        That consideration of the award of the contract be deferred in order to permit the processes followed to be re-      examined and that a report thereon be submitted to the next scheduled meeting of the Committee.

            On a vote by show of hands eight Members voted for the proposal and four against and it was accordingly declared carried.