Purpose

Decision on the outcome of the waste collection re-tender.

Decision

The Executive Resolved

That  (i)    the bidder who submitted the most advantageous tender (Preferred Bidder) be awarded the joint contract to deliver waste collection services in Woking (Joint Contract) commencing from 6 June 2027 up to and including 5 June 2034, with the option, but not the obligation, for the participating 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 is agreed;

a.    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);

b.    The Council enters into the Inter-Authority Agreement (IAA) with each of the other partner authorities, Elmbridge Borough Council, Mole Valley District Council and Surrey Heath Borough Council, 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;

c.    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;

d.    That 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;

e.    The Council grants a lease of part of Monument Road, Woking depot to the Preferred Bidder commencing on 6 June 2027 and co-terminous with the Council’s participation in the Joint Contract;

f.     To approve the drawdown of £4.2m of funds from the provisional capital programme to the approved capital programme for the purpose of funding the purchase of the replacement fleet in accordance with the Council’s obligations under the Joint Contract; and

g.    Delegate to the Strategic Director of Place and Digital to make all decisions and take all actions 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.

Reason: To secure a compliant, value for money contract that ensures continuity of a statutory service beyond June 2027 and enables timely mobilisation, and to establish the legal and governance framework required to deliver and manage the Joint Contract effectively across the partner authorities.