Agenda item - Urgent Business - Advertising Contract (19:01)

Any other business which the Chair considers urgent under the Local Government Act 1972.

Resolved:

i. Noted the independent market appraisal and the potential revenue opportunities from place-based advertising.

Reason: Understanding the potential value of advertising opportunities across the Council’s estate and assets to realise maximum revenues, recognising that by doing so there will be a necessary change from analogue to digital advertising, to keep up with market demand and recognise increased revenue opportunities.

ii. Approved the additional extension of 12-months to the current concession contract for the supply and maintenance of street furniture with or without advertising with the incumbent supplier commencing on 1^st January 2025 and expiring at 23:59:59 GMT on 31^st December 2025, to allow a formal competitive exercise to be undertaken and delegate authority to negotiate and conclude the extension in accordance with the terms and conditions of the current concession contract with the incumbent supplier and the Council’s Contract Procedure Rules under Appendix 11 of the Council’s Constitution (the “Council’s CPRs”) to the Director of Governance in consultation with the Head of Procurement.

Reason: The current bus shelter and digital information board contract was originally meant to expire on 31^st December 2023 and is currently now on a 12-month extension as per the current contract mechanism. The contract allows for further extensions to be undertaken and has the provision within the contract to do so (please refer to the Legal Implications and Procurement and Social Value Implications below).

iii. Approved a formal competitive procurement exercise to be undertaken for a new 15-year (plus 1-year optional extension) concession contract for the provision and maintenance bus shelters with either no advertising, paper adverts or digital adverts, and digital Free-Standing Units on Council land, and delegate authority to the Director of Governance in consultation with the Head of Procurement to commence the procurement exercise via an open, fair and transparent competitive process and evaluation criteria in compliance with the Council’s CPRs and (where applicable) the Concession Contract Regulations 2016 (the “Concession Regs”), and/or the Procurement Act 2023 which comes into for from 28^th October 2024 (the “Procurement Act”).

Reason: Delays to initiating the competitive procurement exercise has led to financial pressures on the current financial strategy, these will aim to be alleviated through a competitive process, although until that has concluded it is not possible to confirm to Executive whether these financial pressures remain.

iv. Delegated authority to the Director of Governance in consultation with the Head of Procurement to negotiate and conclude the new 15-year (plus 1-year optional extension) concession contract for the provision and maintenance bus shelters with either no advertising, paper adverts or digital adverts, and digital Free-Standing Units on Council land , along with authority to negotiate and conclude the provisions of any subsequent modifications and/or extensions thereto post award.

Reason: To finalise a new 15-year (plus 1-year optional extension) contract.

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The Assistant Director Policy and Strategy noted that the original decision on the Advertising Contract had been sought without all the information required for a decision to be made. She therefore asked with the new information available that the Council seek a 12 month extension to the current contract and enter a procurement process for a new advertising contract. She confirmed that the decision previously taken in relation to the High Fat and Sugar strategy remained valid.

The Executive Leader thanked officers for the report and for identifying the original issue with the previous report and for providing a solution.

The Executive Member for Finance, Performance, Major Projects and Equalities noted that there was a rational for the April decision to not tender for the Advertising Contract and thanked officers for bringing forward issues once these were identified, in order to find a solution and welcomed possible bids from providers.