Decision

The Executive RESOLVED that the bidder who submitted the most advantageous tender (Preferred Bidder) be awarded the joint contract to deliver waste collection and street cleansing services in Surrey Heath Borough Council commencing from 6 June 2027 up to and including 5 June 2034, with the option, but not the obligation, for the authorities and the service provider to agree to extend the Joint Contract by one or more successive consecutive periods until 2048 and in doing so, the following be agreed:

(i)            the Council enters into the Joint Contract with each of the partner authorities and the Preferred Bidder (such contract inter alia providing that the partner authorities will have joint and several liability to the contractor and against which they indemnify each other against their breach);

(ii)            the Council enters into the Inter-Authority Agreement (IAA) with each of the other partner authorities, Elmbridge, Mole Valley and Woking, which will regulate the relationship between the partner authorities (as necessitated by entry into the Joint Contract), continues the role of the shared contract management office (CMO) (hosted by Surrey Heath Borough Council as the administering authority) and the required governance arrangements, including the terms of reference for the Joint Waste Collection Services Committee;

(iii)            pursuant to section 9EA of the Local Government Act 2000, Regulations 9 and 11 of the Local Authorities (Arrangements for the Discharge of Functions) (England) 2012 and all other enabling powers of the functions of the Council under section 45 of the Environmental Protection Act 1990, the Council makes arrangements for the joint discharge of such of those functions as are set out in the IAA by the Joint Waste Collection Services Committee established for that purpose;

(iv)            the provisions of the CMO provided in the IAA is entered into as a contract for services in order to deliver co-operation between public bodies as envisaged by Schedule 2 of the Procurement Act 2023;

(v)            the Council grants a lease of Doman Road Depot, Camberley depot to the Preferred Bidder commencing on 6 June 2027 and co-terminus with the Council’s participation in the Joint Contract;

(vi)            the annual revenue cost, initial year mobilisation cost and capital expenditure be agreed. The capital expenditure of £5 million was previously allocated and approved as part of the capital programme for the purpose of funding the purchase of the replacement fleet of vehicles in accordance with the Council’s obligations under the Joint Contract. A breakdown of this expenditure can be found in in Annex 1;

(vii)            authority be delegated to the Director of Housing, Community and Recreation in consultation with the Council’s Statutory Officers all actions and decisions (i – vi) in respect of any agreements or other instruments as are reasonably necessary to give effect to (or are ancillary to) the above on behalf of the Council;

(viii)            the Inter Authority Agreement (IAA) be approved and it be noted that, should any amendments to the Council’s Constitution be required to give effect to the Agreement, such amendments will be submitted to Full Council for approval;

(ix)            authority be delegated to the Director of Law and Governance, in consultation with the Leader of the Council, to implement any actions necessary to achieve the recommendations of this report, including taking any consequential actions and, where necessary, seeking Full Council approval for any amendments to the Council’s Constitution; and

(x)            pursuant to the direction made under section 24 of the Local Government and Public Involvement in Health Act 2007, the Executive recommends to West Surrey Shadow Authority Executive that it approves the recommendations set out in this report.