Agenda item

Salford City Council - Record of Decision

I Councillor Hinds, Lead Member for Finance and Support Services and chairman of the Procurement Board, in exercise of the powers contained within the Council Constitution do hereby approve the award of the contracts for service, maintenance and data management of the GM Combined Air Quality Monitoring Network (GMAQN) as detailed in the table below:

The Reasons are: The purpose of this report is to seek approval to award a contract for the service, maintenance and data management of the GMAQN for two years from 1^st September 2021 to 31^st August 2023, with an option to extend for a further two years annually.

Options considered and rejected were: Not continuing with a joint GM air quality monitoring network – if the GMAQN is not in place, individual local authorities may no longer contribute to funding air quality monitoring in their areas resulting in statutory duties not being adequately fulfilled and diminished  quality and quantity of real time air quality monitoring data. The integrity of the network benefits all 10 GM authorities and is essential for demonstrating progress in meeting statutory air quality standards; evaluating the impact of air quality action plan and Greater Manchester Clean Air Plan/ Clean Air Zone measures; determining air quality trends and highest pollutant concentrations; improving the accuracy of air quality modelling and forecasting; evaluating the effects of air pollution on public health and providing information for the public. Data produced by automatic air quality networks has been considered by DEFRA and the Environment Agency as being extremely important to the ongoing evaluation of risk during the COVID-19 pandemic due to the potential impact of air pollution on respiratory illnesses.

Assessment of Risk: Medium to high – This will be the third contract for the service and maintenance of the GM Combined Air Quality Monitoring Network, the first two having run successfully since 2013. The integrity of the network benefits all 10 GM authorities, who use the combined data to draw conclusions and report on air quality in their area.

The source of funding is: The cost of these services will be shared by the other 9 GM authorities. In recognition of the significant officer time spent on leading on the procurement of these services and managing the contracts and associated budget, Salford will no longer contribute. This is a change from the previous arrangement where the cost was shared equally by all 10 GM authorities. A financial contribution from Transport for Greater Manchester (TfGM) will also be obtained for several air quality monitoring stations procured and funded by them that have been added into the network since 2020.

Legal Advice obtained: Supplied by: Tony Hatton, Principal Solicitor, Tel: 0161 219 6323

Local Authorities have a statutory duty under the Environment Act 1995 to monitor and report on air quality within their area and report the findings to DEFRA. Section 82 of the Environment Act 1995 provides that every local authority shall review the air quality within its area, both at the present time and the likely future air quality.

Guidance on air quality issues is provided by the Secretary of State under section 88(1) of the Environment Act 1995, and local authorities must have regard to it when carrying out their local air quality management duties (at Policy Guidance PG16).

The proposals to award the contracts follow a tender exercise in accordance with the Public Contracts Regulations 2015 (advertising in the Northwest Portal and the FTS, which is the replacement portal for the OJEU), and the Council’s Contractual Standing Orders. In following the procedures, any potential challenge to the award of a contract to a provider from an aggrieved provider will be significantly reduced, assuming always that the tender exercise is an open and fair one.

The award of the contracts will commit the Council to two year contracts with the providers, with the option to extend for two further periods of twelve months each.

Financial Advice obtained: Supplied by: David Rhodes, Tel: 0161 925 1262

This co-ordinated approach will result in overall cost benefits to GM because of economies of scale, a relatively long contract length and costs are shared more equitably across the region. The successful contractor for Lot 1 has fixed the annual price for the first 2 years of the contract with only minor increases in optional extension years. For Lot 2, there are minor increases in prices for each successive year of the contract.

The Finance Team – Alison Smith:

The scheme is fully funded by the contributions made by the other Local Authorities and TfGM who have signed up to the GMAQN project.

Salford previously had core budget to support their own apportionment. However, following discussions with the other LA’s the requirement for SCC to submit a contribution was agreed to be lifted. This will result in annual savings to Salford of approximately £10K. There is no financial risk anticipated.

Procurement Advice obtained: Supplied by: Deborah Derbyshire, Tel:  0161 686 6244

The procurement process undertaken is set out in the report above. This complies with the Procurement Contract Regulations and the Council’s Contractual Standing Orders. 

HR Advice obtained: N/A

Climate Change Implications obtained: Supplied by: Ben Rose, Tel: 0161 607 6964

The GM Combined Air Quality Monitoring Network will measure key air pollutant concentration trends across the conurbation that are of a consequence of emissions from various sources e.g. road transport and energy consumption. The continuation of the network will therefore be complimentary to the Salford City Council Carbon Reduction & Climate Change Action Plan.

The following documents have been used to assist the decision process:

Report submitted to Procurement Board of 28^th July 2021 for Approval to Award the Contract for the service, maintenance and data management of the GM Combined Air Quality Monitoring Network.

Contact Officer: Ben Rose, Tel: 0161 607 6964

The Lead Member (Councillor Lancaster) has been consulted and is supportive of the proposed contract.

The appropriate Scrutiny Committee to call-in the decision is the Growth and Prosperity Scrutiny Panel.

*         This decision was published on 28 July 2021

*         This decision will come in force at 4.00 p.m. on 4 August 2021 unless it is called-in in accordance with the Decision Making Process Rules.