Decision maker: Director for corporate economy, communities and Decision date: 22 September 2016 Title of report: Permission for the procurement of supplier for Bridge Street artificial playing surface Report by: Cultural services manager Classification Open Key decision This is not a key decision. Wards affected Leominster North and Rural Purpose To accept the Sport England grant for and agree the refurbishment of the artificial playing surface and improve floodlighting at Bridge Street Sports Centre, Leominster. Recommendation THAT: a) The Sport England grant offer of £248k to support the refurbishment of the artificial playing surface and improve floodlighting at Bridge Street Sports Centre, Leominster be accepted; and b) Works to that value be undertaken by a supplier procured through the SCAPE framework. Further information on the subject of this report is available from Mick Ligema, cultural services manager on Tel (01432) 260631 Alternative options 1 Not to accept the grant. This is not recommended as the funding will enable the enhancement and sustainability of this facility and does not require additional resource from the council to match fund the work. 2 The funding for the refurbishment of the playing surface is through Sport England Exchequer funding. A condition of this funding is that it must be entirely spent within the financial year 2016-17. The use of the SCAPE procurement framework will support the very tight timescales available to procure a supplier, commence the work and complete the project and satisfy the Sport England conditions. 3 That approval is not given to use the SCAPE framework and instead to run a council tender process. Reasons for recommendations 4 To enable the improvement of leisure facilities in Leominster in the most cost effective way. Key considerations 5 The condition of the artificial playing surface at Bridge Street Sports Centre has been deteriorating and is badly in need of replacement. 6 The facility is well used with high demand by from hockey clubs in the north of the county for matches, training and development and is also used for recreational football and five a side football leagues. 7 Herefordshire Council were invited to bid by Sport England for a funding stream to replace the playing surface and were successful in being awarded £248,000 to replace the surface and improve the floodlighting at the facility. 8 An assessment of the works required has been carried out so the requirements of the project are well informed. 9 The terms and conditions of the award require that the project must be completed and the grant spent within the current financial year of 2016-17. 10 This means that the procurement and delivery of the project must proceed with immediate affect given the need to procure a contractor with availability in the timescale required and the possible impact of poor weather affecting the programme during the winter months. 11 The national SCAPE procurement framework which has contractors approved by Sport England and England Hockey would prove to be the quickest route to appoint a contractor to proceed with the works to enable them to be completed within the required timescale. 12 The SCAPE framework would run a mini-competition to select a supplier. The aim would be to appoint a supplier within two weeks of engaging with SCAPE. Further information on the subject of this report is available from Mick Ligema, cultural services manager on Tel (01432) 260631 13 SCAPE is a public sector environmental specialist framework offering OJEU compliant procurement, design and project delivery services to local government organisations. 14 SCAPE will be engaged with to procure a suitable from the contractors within their framework. Herefordshire council Property Services would be involved in the selection process to ensure best value is gained by the client. Community impact 15 The artificial playing surface at Bridge Street Sports Centre is a hub for hockey teams in the north of the county used for training, development and matches all the year round. 16 The facility is also used extensively for recreational football and fulfils a significant role in providing for the recreational, health and well-being needs for a significant number of people. 17 The current use of the playing surface is approximately 12,000 visits per annum. 18 The continued provision of this surface therefore serves a wide community of interests. 19 The rest of the Broad Street Sports Centre is widely used for tennis, netball, football, indoor bowls, a public health initiative and a local playgroup. The viability of the facility which supports these other activities is supported by the provision of the artificial playing surface. Equality duty 20 The recommendations and actions if implemented will have a significant positive effect on disabled people. These improvements will enable disabled people greater choice and control over local services and provision, and; a) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; b) foster good relations between persons who share a relevant protected characteristic and persons who do not share it. 21 The Sports Development plan required by Sport England to support the funding bid identifies a number of provisions to support and develop the use of the facility by disabled people .These include allocating time slots for disability groups and individuals to access the facility, supporting clubs to attract disabled people and linking to national disability awareness initiatives and working with Special Needs schools to encourage participation. Financial implications 22 The £248k award from Sport England is not dependent on the Herefordshire Council providing any match funding. Further information on the subject of this report is available from Mick Ligema, cultural services manager on Tel (01432) 260631 23 One of the conditions of the award is that the project must be completed and the funding must be entirely spent with the 2016-17 financial year. See appendix 1 24 All costs of works and fees will be contained within the grant funding allocated. 25 Halo as tenants will be responsible for the ongoing maintenance of the facility and will set aside provision for any future replacement Legal implications 26 The award of the grant funding by Sport England is made subject to the conditions set out in the Award Offer Letter dated 1 September 2016, the Award Agreement and the Standard Terms and Conditions (together the Terms). If the council wishes to accept the award of the grant funding on the Terms then it must notify Sport England, by signing and returning the Acceptance Form by 1 October 2016. 27 The Terms set out a number of obligations with which the council is required to comply for a period of up to 10 years after the award. 28 In the procurement of supplies, services and works the Council as a public body is required to comply with its contract procedure rules as set out in the council’s Constitution, the EU Directives and where appropriate the Public Contracts Regulations 2015 (2015 Regulations). 29 The value of the contract for the refurbishment of the pitch amounts to approximately £250k (that is the supplies and works together). The works are deemed to be the larger element of the contract accounting for around £180-200k of the total £250k. On that basis this contract falls below the threshold which would otherwise require the council to carry out a procurement in accordance with the 2015 Regulations. 30 Notwithstanding the 2015 Regulations do not apply to this procurement, the council is required to comply with paragraph 4.6.13.2d of the council’s contract procedure rules which requires that a formal tendering exercise to be carried out in accordance with paragraphs 4.6.13.12 to 4.6.13.71 of the contract procedure rules. 31 As permitted by paragraph 4.6.15 of the contract procedure rules, the council may make use of a framework whether it deems it appropriate and the framework has been established in accordance with relevant English and/or European law. In this case the council intends to procure a suitable contractor through the SCAPE framework for Building and Construction work and either carry out a mini competition for the supplies/works required or, if relevant, make a direct award. 32 The terms and conditions under which the appointed contractor/supplier will deliver the supplies and works detailed in this report are the terms and conditions put in place when the framework was procured. Risk management 33 The major risk to the project is any delay to the procurement and implementation process which would mean that the project is not completed and paid for in the timescales required by Sport England. Further information on the subject of this report is available from Mick Ligema, cultural services manager on Tel (01432) 260631 34 The only mitigation of this risk is the quick and efficient procurement of a contractor. Consultees The local members and cabinet member are supportive of the proposal. Appendices Appendix 1 - Sport England Grant Award Conditions Background papers None identified. Further information on the subject of this report is available from Mick Ligema, cultural services manager on Tel (01432) 260631
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