WISE Agreement

Waste Investigations Support and Enforcement Limited

This agreement contains our confidential and sensitive information and is being disclosed in confidence. None of this agreement may be reproduced or further disclosed without prior consent, save to the extent required by law (that for the avoidance of doubt includes the Freedom of Information Act 2000 ("the Act") and the Environmental Information Regulations 2004 ("the Regulations") or to take professional advice from a professional adviser who is under strict duties to keep this Agreement confidential).

About Us

Name: Waste Investigations Support and Enforcement Limited (WISE)

Registered company number: 12894391

Registered address: Unit 17, Uveco Business Centre, Wallasey, Wirral, CH45 6UH

About the Customer

Name: Rushcliffe Borough Council (RBC)

Registered company number: not applicable

Registered address: Rushcliffe Borough Council, Rushcliffe Arena, Rugby Road, West Bridgford, Nottingham, NG2 7YG

Site name and address: Rushcliffe Borough Council, Rushcliffe Arena, Rugby Road, West Bridgford, Nottingham, NG2 7YG

Invoice address: Rushcliffe Borough Council, Rushcliffe Arena, Rugby Road, West Bridgford, Nottingham, NG2 7YG

Services to be supplied

This customer details and service sets out the working arrangements between Rushcliffe Borough Council and WISE for the management of Fixed Penalty Notices to offenders in contravention of the Environmental Protection Act 1990, Clean Neighbourhoods and Environment Act 2005, the Highways Act 1980 and Anti-Social Behaviour Act 2003 and any other contraventions as agreed.

Services start date: 5 January 2021

Assignment Instruction: Please see Details of Service

Initial Services Term: 12 months pilot

Extended Services Term: One further period of 12 months

Notice period: Either Party may give written notice to the other Party, not later than 60 days before the end of the Initial Services Term, to terminate this Agreement at the end of the Initial Services Term or the relevant Extended Services Term, as the case may be.

Equipment / welfare: WISE will supply all officers with full uniform, encrypted body worn cameras (BWC) and electronic digital assistants (EDA).

Rushcliffe Borough Council to provide a parking permit for each vehicle supplied by WISE. This will ensure the investigating officers can park legally whilst investigating dumped waste complaints.

Hours:

Waste Enforcement Officers (2 officers)

Hours: 8am to 6pm
Monday: 20 hours
Tuesday: 20 hours
Wednesday: 20 hours
Thursday: 10 hours
Friday: 10 hours
Saturday: 10 hours
Sunday: 10 hours

Operational Support Team (2 officers)

Hours: 8am to 5pm
Monday: 9 hours
Tuesday: 9 hours
Wednesday: 9 hours
Thursday: 9 hours
Friday: 9 hours
Saturday: 0 hours
Sunday: 0 hours

Daily hours:

Monday: 29 hours
Tuesday: 29 hours
Wednesday: 29 hours
Thursday: 19 hours
Friday: 19 hours
Saturday: 10 hours
Sunday: 10 hours

Weekly hours:

145 hours

Bank Holiday arrangements:

Operated as per 7-day rota. Any changes will be agreed in advance. Christmas Day and New Years' Day - no operation.

Induction: Dates and times to be confirmed.

Training: Law and Enforcement training to be delivered by WISE.

Please note officers' hours will vary as requested in accordance to the volume of complaints received and an agreed deployment strategy.

Duties: Investigating submitted dumped waste complaints, investigating fly posting complaints, completion of routine business waste inspections and issuing Fixed Penalty Notices for agreed offences throughout the Ward Areas of Rushcliffe Borough Council.

Rates:

Revenue Share:
- As an example: all income owed to RBC from November 2020, December 2020 and January 2021 will be paid on or before the 10th working day in February 2021 and so on.
- All payments will be made to RBC using a self-billing VAT invoice.
- The Council is not liable should WISE not meet the expectations indicated; the agreement is based on nil cost to the Council.
- No fees are to be applied to the Council.

Fee increases / decreases: not applicable.

Liability limit: £10,000,000

Service Requirements / Details of Service:

General:

WISE will, on behalf of the Rushcliffe Borough Council investigate Environmental Crimes and issue Fixed Penalty Notices for offences relating to:
- Section 33 Environmental Protection Act 1990
- Section 34 Environmental Protection Act 1990
- Section 46 Environmental Protection Act 1990
- Section 47 Environmental Protection Act 1990
- Section 87 Environmental Protection Act 1990
- Section 108 Environmental Protection Act 1990
- Section 43 Anti-Social Behaviour Act 2003
- Any other offences with the agreement of both parties.
Day to day management of the Service will be through nominated Rushcliffe Borough Council and WISE representatives.
Operational Meetings will be held on a monthly basis to review practices and agree deployment strategies. This will be attended in person or video call.
Two meetings per annum will be attended by the Environment Portfolio Holder.
The initial services term will be delivered in accordance to the Council's Environment Enforcement Strategy and guiding principles and WISE's Operating Procedures.
The 'key activities' of the initial services term will be to provide a visible focus across the borough of Rushcliffe to address the Council's key strategic priorities in tackling and deterring the following:
- Fly tipping
- Unauthorised transfer of household waste
- Presentation of domestic waste
- Duty of care compliance of commercial waste
- The storage of commercial waste receptacles
- Displaying adverts without permission
Press releases and further marketing concerning the initiative will be agreed between both parties before release.
Any staff appointed for the pilot will be the sole responsibility of WISE and all staff related issues will be dealt with by WISE. WISE staff will be made aware of the Council's Employee Code of Conduct and other relevant policies to ensure they conduct themselves accordingly and recognise they are representing Rushcliffe Borough Council.
Should Rushcliffe Borough Council have any concerns about the conduct / behaviour or attitude of staff supplied by WISE for this pilot, Rushcliffe Borough Council have the right to request that the individual is removed from the contract and WISE will comply accordingly following suitable investigations.
Quotas will not be set re numbers of FPNs to be issued and all staff are salaried.
Either party can terminate the arrangement by giving 30 days' notice if not satisfied for any reason.
All pilot payments by WISE will be made to Rushcliffe Borough Council, on a quarterly basis via BACS payment in arrears (10th day of the following month).

The Council has the discretionary authority to cancel any FPNs issued.

WISE will honour all exemptions in the Council Enforcement Policy.

Rushcliffe Borough Council (Community Safety and Licensing Team) will:

Provide identity cards and relevant authorisation to all WISE Estate Enforcement Officers working to the direction of the Rushcliffe Borough Council.
Ensure all dumped waste and fly posting complaints are sent to WISE Operational Support Team each morning.
Ensure that all intelligence received from council officers, elected members and residents is logged as a complaint and then passed to WISE. This will ensure that all complaints are correctly logged.
Provide a key point of contact for key Rushcliffe Borough Council departments (cleansing, commercial waste, bulky collections, business rates and council tax) to support WISE Waste Enforcement Officers when investigating offences.
Provide WISE with data on previous complaints, dumped waste hotspots and business who currently have a Waste Transfer Agreement with Rushcliffe Borough Council.
With support from WISE the Council may take prosecution proceedings for offences whereby the alleged offender has failed to discharge their liability from prosecution for the offence by paying an FPN.

WISE will:

Provide fully trained, Security Industry Authority (SIA) licence holding or fully vetted to DBS standard Enforcement Officers or equivalent as required to meet any legislation changes.
Ensure that the officers provided are of good character, polite, confident and able to converse successfully with all sections of society.
Provide a Waste Enforcement Team, supported by an Admin Team (Ops Support team) to investigate all received complaints.
Ensure that the Waste Enforcement Officers are fully trained in the techniques for investigations and issuing Fixed Penalty Notices, including the correct use of evidence pocket books (paper or electronic) to evidential standards and have a working knowledge of the relevant sections of PACE, interview techniques to obtain and record evidence. All officers to provide Section 9 witness statements as part of prosecution file presentation.
Ensure that all received dumped waste complaints are investigated and Rushcliffe Borough Council cleansing team are informed to remove all dumped waste within 48 hours from receipt of complaint.
Provide all Waste Enforcement Officers with body worn cameras and ensure they are familiar with the protocol for their correct use, the footage gained from which is downloaded and retained for a period until either the fine from a Fixed Penalty Notice is discharged or the matter has been dealt with and concluded by a Court.
Provide a case management system to process FPNs, letters, complaints, prosecution files, BWC, ID verification, payment systems and full suite of management reports. This equipment and access to back up management system will be provided to key Rushcliffe Borough Council personnel to undertake enforcement following the same procedures. BWC will be operated in line with the Surveillance Camera Code of Practice.
Provide the Key Stakeholders of Rushcliffe Borough Council with "read only" access to WISE's systems in order to monitor the pilot.
Provide uniform and PPE agreeable to Rushcliffe Borough Council for all Waste Enforcement Officers. This must be worn at all times when completing enforcement activities.
Ensure that all Enforcement Officers uniforms are clean and tidy and they present themselves to the public in a smart and professional manner and their conduct at all times is beyond reproach.
Provide means of communication for all patrolling officers and supervisors (mobile telephones not radios)
Provide transport for Enforcement Officers in order that all areas of the borough can be covered.
Ensure Waste Enforcement Officers carry out enquiries to ensure accurate identity details have been obtained from alleged offenders by using WISE's ID Verification System facility before issue of FPN. Or, contacting local Police where there is a refusal to provide personal details by the member of the public to whom the FPN is to be issued.
Ensure WISE officers with access to Rushcliffe Borough Council buildings and IT conform to all Council Policies and Procedures (post COVID).
Ensure that all authorisation cards and Rushcliffe Borough Council building access cards are returned to the Council within 24 hours of an employee leaving the employment of WISE.
Ensure all Waste Enforcement Officers attend court and give oral evidence if required to do so.
Ensure the compilation of complete prosecution files are presented to the relevant contact officer before the expiration of a period of 93 days after the 28th day has elapsed unless prior consultation has taken place.
Implement engagement and education initiatives such as presentations to schools.
Ensure active participation in operations / initiatives of prevention and reduction of environmental crime especially in relation to fly tipping.
Provide feedback on areas where signage could be improved and where possible assist in implementing.
Provide statistical information on a monthly basis or as requested, to include performance monitoring data such as (final KPIs) to be considered):
- Investigation hours
- Hours spent in each town / ward area
- FPNs issued by town / ward area
- FPNs broken down by offence
- FPN paid by offence
- Payment rates overall and by offence
- Appeals / representations
- FPN withdrawn - reason
- FPN cancelled by Council
- FPN - where offender resides
- Verbal warnings - offence / number / area
- Complaints received
FPNs should not be issued to a person under the age of 18 or those suspected of suffering mental health or other exemptions applied under Rushcliffe Borough Council's Enforcement Policy.
FPNs should not be issued to offenders when fly tipping causes serious environmental impacts, is a very large event or is associated with a subject that has received multiple FPNs (3 or more in any 12 months), in these circumstances prosecution should be considered, and consultation take place with RBC Environmental Health Officers before an FPN is issued.
Fully document the details of any person who is a verbal caution or suitable advice in Pocket Book to evidential standards.
Ensure that the provision of warning letters to parents or appropriate adults responsible for those persons under 18 who have received verbal cautions.
Maintain a record of all persons who receive verbal warnings and suitable advice in cases where the issue of a Fixed Penalty Notice is not appropriate.
Names and addresses of those with physical disabilities will be forwarded to Rushcliffe Borough Council.
On dissolution of the partnership return identity badges, authorisations, Pocket Books, building access cards to Rushcliffe Borough Council.

Customer Care

The contractor's relationship with any members of the public shall be conducted in a professional, courteous, and helpful manner with due care and consideration given to special considerations and circumstances. The contractor must ensure its staff employed on the contract wear their agreed ID at all times. In the event of a complaint or dispute arising as to the contractor's representatives conduct it will be investigated by WISE and a report produced to the council in accordance with the following procedure.

On receipt of a complaint to the Council relating to a Waste Enforcement Officer behaviour or conduct, the Council will:
- Acknowledge receipt in writing to the complainant
- Inform the complainant that WISE will formerly investigate their complaint
- Inform the complainant that they can expect a written response within 10 working days from the date it was recorded by WISE
- Forward details of the complaint, relevant Fixed Penalty Notice, acknowledgement letter/email to complainant and any other relevant information directly to the contractor, giving deadline for response.
On receipt of a complaint to WISE relating to a Waste Enforcement Officer behaviour or conduct, WISE will:
- Immediately acknowledge receipt of complaint and confirm deadline to both the complainant and Council
- Fully investigate the complaint (carried out under Managing Director - WISE). This will include both interviewing complainant and Waste Enforcement Officer subject to complaint
- Respond in writing/email directly to the complainant within 10 working days of receipt of the complaint
- Provide the Council with a written copy of the response and outcome of the investigation. This is to include any disciplinary action against the Waste Enforcement Officer and organisational learning for the contractor and /or the Council.
The Council and WISE will meet and discuss complaints to improve service delivery as part of the quarterly meetings.

Execution

This agreement consists of this Order Form and our latest version of the Terms and Conditions as at the date of the first Party to initially sign this Order Form. Each of we and you confirm that it has read this Agreement and agrees to be bound by its terms. Unless the context otherwise requires, definitions used in the Terms and Conditions have the same meaning in this Order Form. This Agreement shall be legally formed and we and you shall be legally bound when both we and you have signed this Order Form, or on your continued instruction to us once we have sent this Order Form to you.

Date:

10 December 2020

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