I hereby give notice that an ordinary meeting of the Strategic Procurement Committee will be held on:
Date: Time: Meeting Room: Venue:
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Tuesday, 15 September 2020 10.00am This meeting will proceed via Skype for Business. Either a recording or written summary wil be available on the Auckland Council website |
Kōmiti Mahi Āta Torotoro Rawa / Strategic Procurement Committee
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Cr Greg Sayers |
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Deputy Chairperson |
Cr John Watson |
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Members |
Cr Dr Cathy Casey |
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Deputy Mayor Cr Bill Cashmore |
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Cr Linda Cooper, JP |
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Cr Alf Filipaina |
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Mayor Hon Phil Goff, CNZM, JP (Ex-officio) |
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Cr Tracy Mulholland |
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IMSB Member Karen Wilson |
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(Quorum 4 members)
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Michelle Judge Kaitohutohu Mana Whakahaere / Governance Advisor
8 September 2020
Contact Telephone: 021723228 Email: michelle.judge@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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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 15 September 2020 |
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ITEM TABLE OF CONTENTS PAGE
1 Apologies 7
2 Declaration of Interest 7
3 Confirmation of Minutes 7
4 Petitions 7
5 Public Input 7
6 Local Board Input 7
7 Extraordinary Business 7
8 Strategic Procurement Committee's Forward Work Programme 9
9 Procurement plan for Healthy Waters central and north area operations and maintenance contracts 13
10 Consideration of Extraordinary Items
PUBLIC EXCLUDED
11 Procedural Motion to Exclude the Public 21
C1 CONFIDENTIAL: Procurement plan for Healthy Waters central and north area operations and maintenance contracts 21
An apology from Mayor P Goff has been received.
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.
That the Strategic Procurement Committee: a) confirm the ordinary minutes of its meeting, held on Tuesday, 30 March 2020, including the confidential section, as a true and correct record.
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At the close of the agenda no requests to present petitions had been received.
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.
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.
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 15 September 2020 |
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Strategic Procurement Committee's Forward Work Programme
File No.: CP2020/11573
Te take mō te pūrongo
Purpose of the report
1. To approve the Strategic Procurement Committee’s forward work programme.
Whakarāpopototanga matua
Executive summary
2. The forward work programme identifies areas of work where the Strategic Procurement Committee has to make a decision. It is in line with the forward work programmes of all other committees.
3. Projects are briefly described and identified as requiring either decision or direction. Where possible, likely timeframes for the projects coming before the Strategic Procurement Committee have also been identified.
4. The forward work programme will be updated and reported monthly for information as part of the summary of information report.
5. Staff recommend that the forward work programme be reviewed on a six-monthly basis in December and July each year.
Recommendation/s That the Strategic Procurement Committee: a) approve the Strategic Procurement Committee’s forward work programme. b) agree that the Strategic Procurement Committee’s forward work programme be reported monthly for information and reviewed on a six-monthly basis in July and December each year.
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Attachments
No. |
Title |
Page |
a⇩ |
Strategic Procurement Committee Forward Work Programme 2020 |
11 |
Ngā kaihaina
Signatories
Author |
Michelle Judge - Kaitohutohu Mana Whakahaere / Governance Advisor |
Authoriser |
Jazz Singh - General Manager Procurement |
Strategic Procurement Committee 15 September 2020 |
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Komiti Mahi Āta Torotoro Rawa / Strategic
Procurement Committee
This committee deals with ensuring sound procurement processes are followed in order to deliver on the work programme and operations outlined in council’s adopted Annual Plan. It has responsibility for awarding contracts of $22.5 million or greater, awarding sensitive contracts and oversight of procurement strategies, processes and procedures. The full terms of reference can be found here: Governing Body Terms of Reference
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Area of work and Lead Department |
Reason for work |
Committee role (decision and/or direction) |
Expected timeframes Highlight the month(s) this is expected to come to committee in 2020 |
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Mar |
Apr |
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Jun |
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Oct |
Nov |
Dec |
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Extension to inorganic services contracts Waste Solutions |
To allow time for a review of the current inorganics service, which is an action in the Waste Management and Minimisation Plan 2018: Working together for Zero Waste. Implementing the waste plan is a legislative requirement under the Waste Minimisation Act 2008. |
Decision: To approve a one-year extension/variation with incumbent suppliers for the inorganic collection and inorganic processing contracts. Progress to date: A contract variation was approved for the current inorganic collection and inorganic processing contracts on 10 March 2020. |
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Inorganic services contract Waste Solutions
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To procure an inorganics service, which is an action in the Waste Management and Minimisation Plan 2018: Working together for Zero Waste. Implementing the waste plan is a legislative requirement under the Waste Minimisation Act 2008. |
Decision: Approval of procurement plan for new inorganic contract/services commencing February 2022 A report will be provided in October 2020. |
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Update on suppliers for the Retrofit Your Home panels Environmental Services |
To provide an update on the suppliers who were appointed to the Retrofit Your Home panels. |
Information: An update on the names of the suppliers will be provided in the first half of 2020. Progress to date: The establishment of the panels was approved on 4 September 2019. |
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Update on the award of Waiheke waste services Waste solutions
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New waste services for Waiheke were procured in 2019 to deliver on the objectives on the Waste Management and Minimisation Plan 2018 and the Tīkapa Moana Hauraki Gulf Islands Waste Plan which is an appendix to the overall waste plan. Implementing these plans is a legislative requirement under the Waste Minimisation Act 2008. |
Information: Updates on Waiheke Waste Services will be provided. Progress
to date: The procurement plan for
Waiheke waste services was approved on 7 February 2019 and
the supplier recommendations were approved on 4 September 2019.
Staff advised that the value of the final contract would be confirmed by
November 2019. |
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Update on suppliers for physical works and technical services panels Healthy Waters |
To provide an update on the suppliers who were appointed to the Healthy Waters technical services and physical work panels. |
Information: An update on the names of the suppliers will be provided in the first half of 2020. Progress to date: The establishment of the panels was approved on 3 April 2019. |
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Healthy Waters Maintenance contracts Healthy Waters |
To provide effective operations and maintenance of the regional stormwater network. This contributes to managing and improving the health of Auckland’s harbours and waterways and responding to flooding events. This is council’s responsibility under the Regional Stormwater Network Discharge Consent. |
Decision: Award contracts to recommended suppliers for Healthy Waters operations and maintenance contracts, and the regional maintenance of catchpits and treatment devices. Progress
to date: The procurement plan for the
following Healthy Waters contracts was approved 4 September 2019: The committee also approved the overall strategy for procuring stormwater operations and maintenance services for the northern and central areas. On 9 April 2020, the Emergency Committee approved the awarding of the southern and regional maintenance contracts. Approval of the procurement plan for central and northern operations and maintenance contracts will be sought in September 2020. |
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Biodiversity protection services delivered through the Natural Environment Targeted Rate – Category Strategy Environmental Services |
This procurement category strategy will support effective implementation of the council’s key services related to the natural environment targeted rate work programmes. |
Decision: To endorse the procurement category strategy for biosecurity protection services delivered through the Natural Environment Targeted Rate. Progress to date: The Category Strategy was endorsed 10 March 2020. |
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External Legal Services Legal |
To procure external legal service. Current contracts expire in Dec 2020, |
Decision: Approval of procurement plan for new external legal contract/services commencing January 2021. A report will be provided in November 2020. |
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Te Whau pathway shovel-ready funding project |
Environmental outcomes and better transport connectivity through walkways and pathways. Faster project delivery and construction to support multiple community outcomes using the shovel-ready funding. |
Decision: Approval of procurement plan to approach market for the main project works covered by the shovel-ready funding. A report will be provided in October 2020. |
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SAP Licensing Renegotiation Procurement |
To re-negotiate current SAP agreement to better suit council’s current and future needs, and to better align with SAP’s commercial and technical roadmap. |
Decision: Approval of Procurement Plan for new licensing construct, and support and maintenance services for a 5-year period until December 2025 A report will be provided in November 2020. |
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Strategic Procurement Committee 15 September 2020 |
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Procurement plan for Healthy Waters central and north area operations and maintenance contracts
File No.: CP2020/12050
Te take mō te pūrongo
Purpose of the report
1. To provide an update on the procurement for Healthy Waters operations and maintenance services in the central and northern areas of Auckland.
Whakarāpopototanga matua
Executive summary
2. Healthy Waters is responsible for managing and improving the health of Auckland’s harbours and waterways, including operating and maintaining the stormwater network and providing responses to flooding.
3. Healthy Waters has five current area operations and maintenance contracts for stormwater in the north, central, Waiheke, west and south areas. These contracts are due to expire between June 2021 and June 2029. The current central and Waiheke contracts expire on 30 June 2021 and the north contract expires on 30 June 2022.
4. Establishment of the new contracts provides an opportunity for Healthy Waters to embed key strategic focus areas within the procurement outcomes. It also provides an opportunity to align the contract boundaries with the three existing Healthy Waters Lifecycle Management teams and Auckland Council’s three hub approach.
5. Healthy Waters has developed a procurement plan and strategy to achieve these outcomes. The plan has complementary operations and contract strategies to align geographical areas, build resilience in the face of climate change, diversify the supplier market and support sustainable outcomes, particularly in terms of local employment and upskilling locals through the ‘2 in a Ute’ initiative.
6. More detail regarding the procurement plan for this project will be provided in the confidential section of the Strategic Procurement Committee meeting agenda for 15 September 2020.
Recommendations That the Strategic Procurement Committee: a) note the information contained in this report on the procurement for Healthy Waters central and north area maintenance 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
7. Healthy Waters is primarily responsible for managing and improving the health of Auckland’s harbours and waterways, operating and maintaining the stormwater network and providing reactive responses to flooding.
8. Operations and maintenance of the stormwater network includes proactive inspection and clearance of debris and blockages, flood response, flood issue management and ongoing maintenance of the network including repairs and minor capital works.
9. The management of stormwater and protection of waterways supports the water quality outcomes that the region strives to achieve in the next 30 years. This contributes to the council's strategic goals, aligning with the Healthy Waters Asset Management Plan and the wider Auckland Plan.
10. Healthy Waters has five current operations and maintenance contracts for the north, central, Waiheke, west and south areas. The contracts provide essential maintenance services to:
· ensure that stormwater assets are properly maintained to assure performance and to enhance asset life
· proactively inspect and clear high-risk flooding areas
· respond to flooding incidents
· reduce the incidence and severity of potential flooding issues.
11. The current operations and maintenance contracts will expire over the next eight years as shown in table one.
Table one: Healthy Waters area operations and maintenance contract expiry dates
Area |
Supplier |
Expiry |
Central / Waiheke |
Downer |
20 June 2021 |
North |
Downer |
30 June 2022 |
West |
AIM Services |
30 June 2025 |
South |
City Care |
30 June 2028 |
12. The need to re-establish the stormwater maintenance contracts that are expiring soon has provided the council with an opportunity to reset both the operational and commercial strategies underpinning how we maintain stormwater assets and provide enhanced water quality outcomes for Auckland.
Future and ongoing strategy considerations
Transition from five to three operational areas
13. Since the current contracts were established in 2012, Healthy Waters has transitioned to three Lifecycle Management teams – north, central (including west) and south. This transition has streamlined operational delivery and aligned Healthy Waters operational areas with Auckland Council’s three service hubs model. The transition to three operational areas will be finalised with this procurement.
14. A map of the new operational areas is shown in Attachment A.
Catchpit cleaning and treatment device maintenance
15. Catchpit cleaning and treatment device maintenance activities will have been partially migrated to regional contracts, as approved by the Emergency Committee on 9 April 2020 (resolution EME/2020/16). These activities will be completely migrated by July 2021 once the operations and maintenance procurements commence.
‘2 in a Ute’ and water sensitive infrastructure
16. Since the scope of the current contracts was developed in 2012, Auckland has seen a large amount of water sensitive infrastructure built, such as raingardens. These water quality assets need to be adequately maintained to ensure that they will provide the water quality benefits they are intended to.
17. Healthy Waters has initiated a trial concept called ‘2 in a Ute’. This sustainable outcome initiative focuses on addressing the current lack of capacity to complete maintenance activities on water sensitive infrastructure through recruiting and training two-person teams from the local communities. This will provide employment and upskilling opportunities to locals and disadvantaged groups such as those who are not in education, employment or training.
Tātaritanga me ngā tohutohu
Analysis and advice
Options considered for delivery model
18. The Healthy Waters operational contracts in the central area and Waiheke are due to expire from June 2021. Staff have analysed the procurement approaches available and have developed an approach that offers better outcomes to Aucklanders and the environment. This proposed approach involves streamlining the contract areas and including climate change considerations and sustainable outcomes.
19. Healthy Waters has developed a procurement plan and strategy to achieve these outcomes. The plan has complementary operations and contract strategies that:
· align the geographical areas to the geographical areas of the council’s operation – north, central (including west and Waiheke) and south
· build resilience into the scope of the contracts to better respond to the impacts of storms which are becoming more frequent because of climate change
· build resilience and diversity in the supplier mix to maintain a healthy supplier market and a supply chain consisting of both large and small suppliers to ensure sufficient future capacity to respond to the impacts of climate change
· support sustainable outcomes including local employment and upskilling through the ‘2 in a Ute’ initiative that is being trialed in Rodney, Waitākere, Franklin, Māngere-Ōtāhuhu and Ōtara-Papatoetoe local board areas.
20. Staff recommend that procurement is for the selection of experienced and customer-focused operations and maintenance contractors for the central and north areas.
21. Analysis of procurement options for achieving this service will be provided in the confidential section of the Strategic Procurement Committee meeting agenda for 15 September 2020.
Tauākī whakaaweawe āhuarangi
Climate impact statement
22. The new operations and maintenance contracts are designed to respond to the challenges of the increased frequency and intensity of weather events caused by climate change. This includes the need for preparation and maintenance such as increased clearing of debris and sediment and the development of hard infrastructure to deal with more frequent and more violent weather events.
23. Increasing the ability of Auckland’s infrastructure to deal with extreme weather events provides climate resilience.
24. Healthy Waters is actively pursuing the implementation of technology to futureproof water sensitive infrastructure, for example fitting sensors to manhole covers to measure water and sediment levels.
25. Auckland has seen a larger number of storm events since the scope of the current contracts was first developed in 2012. The physical impacts of these events has been damaging to the network. Impacts have been responded to via minor and major works within existing budgets.
26. The new contracting phase provides the council with the opportunity to build a proactive strategy to deal with the impacts of significant storms, which are expected to be more frequent due to climate change. Future contracts will adopt a more risk-based approach by including the following within the scope of services:
· more proactive and planned inspections and maintenance
· a risk-based approach to proactive maintenance of critical assets that are expected to be affected by climate change (such as coastal assets). This approach will mean high risk assets are maintained more regularly than lower risk assets
· building additional resources into the contract to allow for an incremental increase in the need for responses due to the effects of climate change.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
27. Auckland Transport and Watercare also use contractors to maintain their infrastructure assets. These contracts were initially due to expire in line with the Healthy Waters maintenance contracts.
28. Due to the recent southern contract tender and COVID-19 financial impacts, Healthy Waters intends to retain the incumbents across the revised contract areas, so there will be no procurement approach to be undertaken with Auckland Transport or Watercare.
30. Traffic management is an area that has been identified through the Value for Money review as an opportunity to work collaboratively to reduce costs, and there will be an ongoing focus on this. Capital projects have also been identified as an opportunity area for the coordination and sharing of some cost elements to reduce the overall delivery cost of contracts.
31. There is limited crossover in the scope of these contracts in regard to skill set transfer and the specialised equipment required to deliver the maintenance services.
32. Healthy Waters is working closely with Auckland Transport and Watercare to align our asset management planning and forward work programmes and identify opportunities to work collaboratively and reduce costs. The relevant council departments and council-controlled organisations will continue to work together where possible through their respective procurement processes to identify efficiencies.
33. The scope included within the contracts is aligned with service level agreements that Healthy Waters has in place for the delivery of services for Auckland Transport and Community Facilities.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
Local impacts
34. These contracts will have significant positive local benefits as they will assist with providing local resilience through:
· reducing the incidence and severity of potential flooding
· provide the resource capacity to respond to flooding incidents
· provide additional resource and resilience to respond to increasing climatic events.
Local board views
35. Healthy Waters regularly engages with local boards on both operational and project-specific initiatives and delivers a large number of water quality and stream restoration projects on behalf of local boards.
36. Local boards have in general indicated support for the ‘2 in a Ute’ initiative and the opportunity it offers to improve the condition of water sensitive infrastructure and employment of locals to maintain local assets. The trial will involve engagement with the Rodney, Waitākere, Franklin, Māngere-Ōtāhuhu and Ōtara-Papatoetoe local boards.
Tauākī whakaaweawe Māori
Māori impact statement
37. The contract deliverables are highly aligned with the principles of kaitiakitanga or guardianship, through seeking to improve water quality outcomes and mitigate the environmental impacts of flooding and other climate change-related events.
38. Iwi will be consulted where specific contract activities may have an impact.
39. Opportunities for rangatahi employment are currently being explored, including through the ‘2 in a Ute’ programme.
Ngā ritenga ā-pūtea
Financial implications
40. Details regarding the financial implications of this procurement will be provided in the confidential section of the Strategic Procurement Committee meeting agenda for 15 September 2020.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
41. Risks and mitigations for this procurement will be provided in the confidential section of the Strategic Procurement Committee meeting agenda for 15 September 2020.
Ngā koringa ā-muri
Next steps
42. Next steps for the procurement of Healthy Waters central and north area maintenance contracts will be provided in the confidential section of the Strategic Procurement Committee meeting agenda for 15 September 2020.
Attachments
No. |
Title |
Page |
a⇩ |
Map of Healthy Waters maintenance areas |
19 |
Ngā kaihaina
Signatories
Authors |
Phillip Johansen – Manager Lifecycle Management Central Frank Tian – Lifecycle Management North Team Manager Vivian Dias – Procurement Manager, Capital Procurement |
Authorisers |
Craig Mcilroy – General Manager Healthy Waters Barry Potter - Director Infrastructure and Environmental Services Jazz Singh - General Manager Procurement |
Strategic Procurement Committee 15 September 2020 |
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Exclusion of the Public: Local Government Official Information and Meetings Act 1987
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: Procurement plan for Healthy Waters central and north area operations and maintenance 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. |