Decision details

To consider a variation to the Waste Management Contract.

The report on this annex (item 5) had been circulated in Part 2 of the agenda as it contained information exempt from Access to Information requirements by virtue of paragraphs 3 and 5 – information relating to the financial or business affairs of any particular person (including the authority holding that information) and information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Cabinet asked officers a series of detailed questions about the confidential annexe relating to the amendment to the waste contract, which included the advice of the Chief Finance Officer on the financial and Value for Money implications for the three options and also the risk and sensitivity analysis. The annex also included advice from the Head of Legal and Democratic Services.

After discussing the confidential information, the meeting moved back into part 1 for consideration of the recommendations.

The Deputy Leader summarised the key points of the debate:

·         That Cabinet had taken the decision on 23 July 2013 to vary the waste contract and to delegate authorisation to the Strategic Director for Environment and Infrastructure, in consultation with the Leader of the Council and the Cabinet Member for Transport, Highways and Environment, and advised by the Head of Legal and Democratic Services and Chief Finance Officer, to agree any subsequent changes to the proposed variation to the Waste Contract to deliver the waste Strategy, including the Eco Park. Therefore, this decision could have been taken without it coming back to a Cabinet meeting but, given the time that had elapsed and the importance of the decision, it was decided to bring it back to a Cabinet meeting to confirm the mechanism for varying the contract in an open and transparent way.

·         The financials had varied a little but the qualitative benefits were persuasive. It was important to sign the contract, as a matter of urgency so that costs and terms agreed with contractors could be secured.

·         The risks were clearly set out, for example due to outstanding variations to regulatory consents but that not proceeding was a greater risk.

The Leader of the Council summed up the debate and confirmed that option 1 represented value for money for the public purse and the Surrey taxpayer. It would contribute to the Council’s ambitious recycling target and have economic benefits for the County.

Finally, he said that by adding a second recommendation, it would enable Cabinet to monitor its progress and review any material changes that would affect the basis for the decision.

Therefore, it was:

RESOLVED:

(1)        That the Waste Contract be varied to reflect the changes necessary to deliver the Council’s Waste Strategy, including the Eco Park.

(2)        That the Strategic Director of Environment and Infrastructure, Chief Finance Officer and Head of Legal and Democratic Services, in consultation with the Leader of the Council and the Cabinet Member for Transport, Highways and Environment be required to monitor progress and report back to Cabinet in the event of material changes to the risks and assumptions identified in the report.

Reasons for Decision:

To enable the Council to enter into contractual commitments needed to deliver the Waste Strategy and in particular the Eco Park, which is a priority for the Council.

[The decisions on this item were taken under Special Urgency procedures as they could not be reasonable deferred and come into immediate effect]