I hereby give notice that an extraordinary meeting of the Strategic Procurement Committee will be held on:

 

Date:

Time:

 

Meeting Room:

Venue:

 

Tuesday, 10 December 2019

1.30pm or at the conclusion of the Extraordinary Governing Body meeting whichever is later

Boardroom
Town Hall
Auckland

 

Kōmiti Mahi Āta Torotoro Rawa /

Strategic Procurement Committee

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Cr Greg Sayers

 

Deputy Chairperson

Cr John Watson

 

Members

Cr Dr Cathy Casey

 

 

Deputy Mayor Cr Bill Cashmore

 

 

Cr Linda Cooper, JP

 

 

Cr Alf Filipaina

 

 

Cr Tracy Mulholland

 

 

IMSB Member Karen Wilson

 

 

 

 

Ex-officio

Mayor Hon Phil Goff, CNZM, JP

 

 

(Quorum 4 members)

 

 

 

Duncan Glasgow

Kaitohutohu Mana Whakahaere /

Governance Advisor

 

4 December 2019

 

Contact Telephone: +64211950262

Email: duncan.glasgow@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 



Terms of Reference

 

 

Responsibilities

 

The committee is established to assist the chief executive to undertake the management procedure of ensuring sound procurement processes are followed in relation to procurement of goods and services necessary to deliver on the work programme and operations outlined in the council’s adopted Annual Plan. 

 

It will ensure that reasonable purchasing procedures have been followed in awarding contracts and will provide an efficient mechanism for documenting the approvals for those contracts. 

 

Within a framework where contracts are an operational matter delegated to the chief executive, this committee will consider all contracts beyond the chief executive’s financial delegations.  The chief executive may refer contracts within his financial delegations which are sensitive or may impact on the reputation of the council.

 

The chief executive has power to award contracts up to $20 million alone and the power to award contracts up to $22.5 million jointly with the Mayor and Finance and Performance Committee chairperson.

 

The committee has responsibility for:

 

·         awarding of contracts of $22.5 million or greater

·         awarding of contracts less than $22.5 million which are sensitive or may impact on the reputation of the council if the chief executive refers the matter to the committee

·         oversight over the procurement processes and procedures.

 

From time to time the committee may advise the chief executive and the council on changes to the procurement and contracts probity procedures.

 

Powers

 

All powers necessary to perform the committee’s responsibilities.

Except:

(a)        powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b)        where the committee’s responsibility is limited to making a recommendation only

(c)        power to establish sub-committees.

 

 


Exclusion of the public – who needs to leave the meeting

 

Members of the public

 

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

 

Those who are not members of the public

 

General principles

 

·         Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

·         Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

·         Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

·         In any case of doubt, the ruling of the chairperson is final.

 

Members of the meeting

 

·         The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

·         However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

·         All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

 

Independent Māori Statutory Board

 

·         Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

·         Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

 

Staff

 

·         All staff supporting the meeting (administrative, senior management) remain.

·         Other staff who need to because of their role may remain.

 

Local Board members

 

·         Local Board members who need to hear the matter being discussed in order to perform their role may remain.  This will usually be if the matter affects, or is relevant to, a particular Local Board area.

 

Council Controlled Organisations

 

·         Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

 

 

 


Strategic Procurement Committee

10 December 2019

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Apologies                                                                                                                        7

2          Declaration of Interest                                                                                                   7

3          Petitions                                                                                                                          7  

4          Public Input                                                                                                                    7

5          Local Board Input                                                                                                          7

6          Extraordinary Business                                                                                                7

7          Update on the procurement of integrated waste collection contracts                    9  

8          Consideration of Extraordinary Items 

PUBLIC EXCLUDED

9          Procedural Motion to Exclude the Public                                                                 21

C1       CONFIDENTIAL: Approval of supplier recommendations for integrated waste collection contracts                                                                                                     21

C2       CONFIDENTIAL: Corporate Accommodation Update                                             21  

 


1          Apologies

 

At the close of the agenda no apologies had been received.

 

2          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

3          Petitions

 

At the close of the agenda no requests to present petitions had been received.

 

4          Public Input

 

Standing Order 7.7 provides for Public Input.  Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

At the close of the agenda no requests for public input had been received.

 

5          Local Board Input

 

Standing Order 6.2 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.

 

At the close of the agenda no requests for local board input had been received.

 

6          Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local  authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”


Strategic Procurement Committee

10 December 2019

 

Update on the procurement of integrated waste collection contracts

File No.: CP2019/19595

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note an update on the procurement of integrated waste collections contracts.

Whakarāpopototanga matua

Executive summary

2.       Auckland Council’s current refuse collection contracts will expire in July 2020. Recycling collection contracts will expire in 2023 and 2024, and food scraps collection contacts in current pilot areas will expire in 2020.

3.       Staff have developed a procurement plan for a new integrated waste collections model, which was approved by the Strategic Procurement Committee in March 2019.

4.       The plan adopted an integrated collections model in which one supplier will provide all three waste collection services (refuse, recycling and food scraps) for a single contract area. The region was broken into seven contract areas (see Attachment A).

5.       The new integrated model is expected to create a more collaborative contractual partnership between the council and its suppliers to focus on key outcomes, including:

·        improving customer service and experience

·        innovation and efficiencies (through bundling of the contracts and other means)

·        employee health and development

·        waste diversion and resource recovery.

6.       The new integrated contracts must be awarded in December 2019 to ensure smooth handover and continuity of refuse services before the old contracts end on 5 July 2020.

7.       Staff issued a notice of information to the market in March 2019 and an open request for proposals from May to July 2019, and received competitive bids from multiple suppliers.

8.       Supplier bids were assessed against both price and non-price attributes. Non-price attributes included health and safety, customer service, methodology and sustainability. After evaluating the suppliers against these criteria and prices, staff proceeded with negotiations to ensure the best price, environmental and social outcomes for the council.

9.       More detail regarding the supplier recommendations for the integrated waste collections contracts will be provided in the confidential section of the 10 December 2019 Strategic Procurement Committee meeting.

 

Ngā tūtohunga

Recommendations

That the Strategic Procurement Committee:

a)      note the information contained in this report, on the procurement of integrated waste collection contracts, enables transparency on the topic due for discussion in the public excluded part of the meeting

b)      note that the confidential report contains information that could prejudice the council's position in negotiations with suppliers.

 

 

Horopaki

Context

Existing refuse, recycling and food scrap collection contracts

10.     There are 10 existing council contracts for household refuse, recycling and food scrap collection services with eight suppliers across Auckland. The council is now procuring an integrated collections service across seven contract areas (see map in Attachment A).

11.     As shown below in Table 1, six of the 10 existing contracts are for refuse collections, three for recycling collections, and one further contract is for the collection of food scraps.

12.     These collection contracts service approximately 530,000 households across Auckland and will expire at different times.

Table 1. Auckland Council’s existing refuse, recycling, and food scraps collection services*

Service

Description

Existing suppliers and contract area

Expiry date

Refuse collections

 

Four suppliers servicing six contract areas** (excludes legacy Rodney District Council area which currently only has private refuse collections)

·    Envirowaste (Manukau)

·    Smart Environmental (Franklin)

·    Veolia (Waitākere, North Shore)

·    Waste Management (Auckland East/West, Papakura)

5 July 2020

Recycling collections

Three suppliers servicing the seven contract areas shown in the map in Attachment A

·    Envirowaste (Areas 3, 4, 5)

·    JJ Richards (Areas 2, 6 and 7)

·    Smart Environmental (Area 1)

Areas 1, 2, 3 –
30 June 2023

Areas 4, 5, 6, 7 – 30 June 2024

Food scraps collections

One supplier servicing pilot areas in urban Papakura and parts of North Shore (Milford, Takapuna and Northcote)

·    AIM Services

December 2020

 

* Not including contracts for refuse and recycling on Hauraki Gulf islands or in the city centre, or inorganic collections across Auckland.

** The contract areas for refuse collections reflect legacy council boundaries.

13.     All recycling and food scraps services shown above are funded through targeted rates. Refuse collections are not currently provided in Rodney, funded through targeted rates in the legacy Auckland and Manukau City Council areas, and through pay-as-you-throw in the legacy North Shore, Waitākere, Papakura and Franklin (see Attachment B for a map of funding arrangements).

14.     All collection bins used for these collection services are assets owned by Auckland Council. The maintenance and replacement of damaged bins is currently contracted to one supplier for the whole region, Sulo New Zealand Limited. Auckland Council also procures new refuse and recycling bins from Sulo New Zealand Limited, when required.

15.     The council also has separate existing waste collection contracts on the Hauraki Gulf islands and in the city centre. These waste contracts are all outside the scope of the integrated waste collections procurement due to the specific nature of the city centre and islands.

Rationale for introduction of integrated waste collection services

16.     A Value for Money (Section 17A) review of the cost-effectiveness of Auckland Council’s waste services was completed in November 2017. It found that, although Auckland Council has achieved value in delivering waste services, there are opportunities to deliver greater value for money.

17.     PricewaterhouseCoopers also undertook independent reviews of Auckland Council’s waste assets, bin ownership and collection services in 2018. These reviews recommended changing to an integrated waste collection contract model to enhance the provision of kerbside collection services across Auckland.

18.     Based on these reviews, and the council’s own commercial and legal intelligence, staff developed a procurement plan for a new collections contract model. This was approved by the Strategic Procurement Committee on 6 March 2019 (resolution STR/2019/23).

19.     The plan outlined the council’s intention to procure integrated waste collections services in which one supplier will provide all three waste collection services (refuse, recycling and food scraps) for a single contract area, with seven contract areas across Auckland.

20.     The new integrated model included in the plan is expected to create a more collaborative contractual partnership between the council and its suppliers to focus on key outcomes.

21.     These outcomes include:

·        improving customer service and experience

·        innovation and efficiencies (through bundling of the contracts and other means)

·        employee health and development

·        waste diversion and resource recovery.

22.     It also aligns with the commitment made in Auckland Council’s Waste Management and Minimisation Plan 2018 to transition to consistent waste services across the region.

Integrated waste collections contract areas

23.     Table 2 below provides a description of the seven areas across Auckland that will form the new integrated waste collection contracts and the local boards represented in each one (Attachment A).

24.     The seven new contract area boundaries are the same as the existing recycling collection areas. These areas are largely aligned with council ward boundaries with adjustments to allow for the most economic scale and geographical split of the region.

25.     The contract areas include a mixture of properties across urban and rural densities. Each area has been defined by staff after considering a range of factors, such as distance to disposal locations and existing collection day schedules. Some local boards are included in multiple contract areas.

Table 2. Integrated waste collection contract areas*

Area

General description of area covered

Local boards included within the contract area

1

Majority of legacy north Rodney and northern parts of North Shore

Rodney, Upper Harbour, Hibiscus and Bays

2

Majority of North Shore

Kaipātiki, Devonport-Takapuna, Hibiscus and Bays, Upper Harbour

3

Waitākere and western part of legacy Rodney

Waitākere Ranges, Henderson-Massey, Upper Harbour, Rodney, Whau

4

Auckland Central West

Puketāpapa, Albert-Eden, Waitematā, Whau

5

Auckland Central East

Ōrākei, Maungakiekie-Tāmaki, Waitematā, Māngere-Ōtāhuhu

6

Manukau

Ōtara-Papatoetoe, Howick, Māngere-Ōtāhuhu, Franklin, Manurewa

7

Franklin, Manurewa, Papakura

Franklin, Manurewa, Papakura

*Areas align with existing recycling collection contract areas.

Timing of transition to new collection services and funding models

26.     An indicative timeline illustrating when all the existing contracts will shift over to the new integrated waste collection contract model is included as Attachment C.

27.     Refuse collections are the first to change over to the new integrated collection contracts, as they all expire on 5 July 2020.

28.     Recycling collections under the new integrated model will come into effect in 2023 for areas 1, 2 and 3, and 2024 for areas 4, 5, 6 and 7.

29.     The establishment of a new food scraps processing facility will be undertaken in 2020. The new food scraps collection service is then expected to be rolled-out across urban areas of Auckland from 2021.

30.     The food scraps service will target the 40 per cent of organic material in household refuse currently being sent to landfill. It is expected to divert around 50,000 tonnes of food scraps per annum once all areas have an established service. Over time this is expected to increase to 75,000 tonnes per annum, due to population increases and increased use of the service as residents become more familiar with it.

31.     As outlined in Auckland’s Waste Management and Minimisation Plan 2018, a pay-as-you-throw system for refuse will be introduced across Auckland following the roll-out of a weekly food scraps collection service for urban Auckland households.

32.     Pay-as-you-throw systems incentivise residents to divert waste from landfill. Refuse collections will be reduced from weekly to fortnightly once the weekly food scraps service is well-established. This will further incentivise the diversion of waste from landfill.

Tātaritanga me ngā tohutohu

Analysis and advice

Procurement process

33.     The procurement process began with an open notice of information to the market on 8 March 2019. A request for proposals was released on 1 May 2019 and closed on 31 July 2019.

34.     Between 29 April and 28 June 2019, the council held four briefing meetings with interested suppliers to clarify the scope of services, procurement process and respond to suppliers’ questions.

35.     Suppliers could submit proposals for one contract area (a single bid), two contract areas (a double bid), or three contract areas (a triple bid). Suppliers could not be awarded contracts in more than three contract areas to ensure competition in the market.

36.     Staff evaluated each supplier proposal for non-price attributes first to ensure the desired social, cultural and environmental outcomes could be met by the supplier. Pricing for each supplier’s bid was scored separately.

37.     Negotiations were undertaken with preferred suppliers until mid-November 2019, with a focus on obtaining the best value for money over the life of the contracts.

38.     Analysis and advice regarding the integrated waste collections supplier recommendations will be provided in the confidential section of the 10 December 2019 Strategic Procurement Committee meeting.

Timelines for decision-making

39.     December 2019 will be the last opportunity for decision-making before timeframes for handover of refuse contracts become constrained.

40.     If the committee approves the supplier recommendations outlined in the 10 December 2019 confidential Strategic Procurement Committee report, staff will finalise the contracts with suppliers as soon as possible to ensure a smooth handover of refuse services in July 2020.

Tauākī whakaaweawe āhuarangi

Climate impact statement

41.     The implementation of the integrated waste collections will reduce landfill greenhouse gas emissions, particularly through food scraps diversion. It will also reduce carbon emissions through the collection of recyclable materials to continue their use in the circular economy.

42.     Further information regarding the climate impacts of the integrated waste collection contracts is included in the confidential section of the 10 December 2019 Strategic Procurement Committee meeting.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

43.     This procurement has implications for multiple council departments including Customer Services, Communications, Digital and Transformation, and Commercial and Finance. Waste Solutions will maintain close communication with all relevant departments to ensure they are prepared for any potential impacts on their business.

44.     Representatives from Procurement, Legal and Probity were involved in the bid evaluations and negotiations with the potential suppliers for this procurement.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

45.     Consultation with local boards has not been undertaken regarding the supplier recommendations outlined in the 10 December 2019 confidential Strategic Procurement Committee report. Local boards were consulted on creating a regionally consistent waste collection service through both the development of Auckland’s Waste Management and Minimisation Plan 2018 and the 10-year Budget 2018-2028.

46.     Consultation on these plans indicated that local boards broadly supported the introduction of regionally consistent waste services. Most boards supported the introduction of pay-as-you-throw refuse services, which will be implemented through the new contracts.

47.     Several of the southern local boards raised concerns that their communities were finding it challenging to adjust to new waste services. They requested that support for communities to adjust to future service changes be made a priority, particularly pay-as-you-throw refuse.

48.     Staff expect that adopting a model in which one private supplier provides all waste collection services to a geographical area will mean communities receive more integrated services. The integrated model will also provide a consistent customer experience to meet the needs of local communities during service transitions.

Tauākī whakaaweawe Māori

Māori impact statement

49.     Consultation with mana whenua and Māori communities has not been undertaken regarding the specific supplier recommendations in the confidential Strategic Procurement Committee report. However, Māori priorities regarding waste were identified through consultation with mana whenua and mataawaka on the Waste Management and Minimisation Plan 2018.

50.     The tradition of kaitiakitanga to sustain and restore our collective resources, means that waste minimisation approaches are vital and broadly supported by Māori. Mana whenua also supported the introduction of a food scraps collection services. The integrated collection services will support delivery of waste minimisation and a food scraps collection.  

Ngā ritenga ā-pūtea

Financial implications

51.     The budget for refuse, recycling and food scrap collections was approved through the 10-year Budget 2018-2028.

52.     Financial implications arising from the procurement of integrated waste collection contracts will be provided in the confidential section of the 10 December 2019 Strategic Procurement Committee meeting.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

53.     Risks and mitigations arising from the procurement of integrated waste collection contracts will be provided in the confidential section of the 10 December 2019 Strategic Procurement Committee meeting.

Ngā koringa ā-muri

Next steps

54.     If the Strategic Procurement Committee approves the supplier recommendations outlined in the 10 December 2019 confidential report, staff will work closely with suppliers to ensure a smooth handover of waste collection services across all contract areas. Refuse collections under the new contracts will start on 6 July 2020.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Map of integrated waste collection contract areas

15

b

Map of refuse collection funding types

17

c

Indicative timeline for integrated contracts

19

      

Ngā kaihaina

Signatories

Author

Parul Sood – General Manager Waste Solutions

Authorisers

Barry Potter - Director Infrastructure and Environmental Services

Matthew Walker - Group Chief Financial Officer

Jazz Singh - General Manager Procurement

 


Strategic Procurement Committee

10 December 2019

 


Strategic Procurement Committee

10 December 2019

 


Strategic Procurement Committee

10 December 2019

 

     

 


Strategic Procurement Committee

10 December 2019

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Strategic Procurement Committee

a)      exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

 

C1       CONFIDENTIAL: Approval of supplier recommendations for integrated waste collection contracts

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report contains information that could prejudice the council's position with potential suppliers.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C2       CONFIDENTIAL: Corporate Accommodation Update

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report contains information that is subject to NZX disclosure rules

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.