Article 5 Local authority (DBFO litter) agreement
An agreement is a local authority (DBFO litter) agreement if it is an agreement to which each of the following subparagraphs of this article applies:
it is an agreement between a DBFO contractor and a local authority which is, in England, a district council, a unitary county council, a London borough council, or the Common Council of the City of London, or in Wales a county council or a county borough council, with respect to the clearance of litter and refuse from, or the cleaning of, a relevant trunk road or relevant trunk road connected land which is the subject of a DBFO contract, where:
such road or land is inside the local authority’s area; or
if such road or land is outside the local authority’s area but within a district, a London borough, a unitary county or the City of London in England, or within a county or county borough in Wales, the authority has consulted the council of that district, borough, unitary county, county, county borough or of the City of London prior to entering into the agreement with the DBFO contractor;
it is an agreement for:
the provision by the local authority for the DBFO contractor of any administrative, professional or technical services; or
the use by the DBFO contractor of any vehicle, plant or apparatus belonging to the local authority and the placing at the disposal of that contractor of the services of any person employed in connection with the vehicle or other property in question; or
the carrying out by the local authority of works of maintenance in connection with land or buildings for the maintenance of which the DBFO contractor is responsible;
it is an agreement made by acceptance of the local authority’s offer to carry out the obligations under the agreement where:
the local authority made the offer in response to an invitation by the DBFO contractor to submit offers; and
if such persons are known to exist upon reasonable enquiry by the DBFO contractor, the invitation was made to other persons who were willing to carry out work of the kind concerned, including at least one person who was not a local authority; and
it is an agreement which will determine no later than on a date which is five years after the date which it was entered into by the parties.