Issue - meetings

To receive a briefing on contractual matters.

The Project Director presented a report providing a briefing on contractual matters. 

The Board discussed the report, proposals received in relation to a previously suggested contractual review and the potential implications arising from the amended recommendations tabled at the meeting. 

The Board was informed that advice had been sought from Eversheds over a way forward to resolve contract issues with WRG and it had been felt that pursuing mediation in an effort to release the information that WRG was holding would be the most appropriate way forward at this time.

It was acknowledged that the full implications of the consequences should mediation be unsuccessful were not yet known and it was agreed that a full report detailing this would be brought to a future meeting of the Board.  (Action: Mark Moon/Oliver Burt)

Contractual Affairs

Following a Board request a specification had been drawn up for a review of the re3 waste PFI contract and circulated to Eversheds and the legal teams of each Council.  Responses to the proposals had subsequently been received from Eversheds and the Legal Services Team at Bracknell Forest Council. 

It was noted that the proposal from Bracknell Forest Council made it clear that they would be unable to complete every element of the proposed specification and that external assistance would need to be sought for Phase 3 while Evershed’s proposal did not contain full costing figures.

It was agreed that further work was required before a fully informed decision could be made and it was agreed that a further report would be brought to the next meeting.  (Action: Mark Moon/Oliver Burt)

Members considered amended recommendations tabled at the meeting.

RESOLVED:

1. That members request the release of a total of £60,000 for the funding from each authority, to allow the progression of the strategy set out in Evershed’s advice dated 21 March 2012.
2. Members approve the prosecution of the strategy to complete the mediation process at an estimated cost of £45,000 and progress further investigation.  In the event that the mediation is inconclusive and the authorities have to progress to a ‘part 8’ claim or early neutral evaluation to achieve a resolution, explicit approval will be sought from the Joint waste Disposal Board.
3. That any costs that might arise as a result of pursuing the amended recommendations tabled at the meeting be apportioned in accordance with the Joint Working Agreement i.e. that  proportions of cost and potential share of revenue to be equal to the proportion of Contract Waste delivered by each council in the relevant year.