Camden approved Inter Authority Agreement (but now 'called in' by opposition)

Ham & High, 29 July - click above to enlarge

Camden Cabinet Meeting,

20 July 2011

"To consider the report of the Director of Culture and Environment

"This report sets out the basis for an Inter Authority Agreement (IAA) between the North London Waste Authority (NLWA) and its seven constituent Boroughs.

"The IAA will govern the arrangements between the signatory authorities with regards to waste management over the life of the NLWA’s proposed future waste management contracts. These are the subject of a current procurement process, and are expected to last circa 30 years.

"The document develops the 12 IAA principles, agreed by Camden’s Cabinet in December 2010, [see below] and incorporates them in a legally binding document.

"A decision on this is brought to Cabinet, as the IAA involves significant financial and strategic implications for the borough.

"Decision: RESOLVED –

1. THAT the Council should enter into the IAA in accordance with the terms set out in Section 4 and Appendix 2 of the Report, be agreed in principle;
2. THAT authority be delegated to the Director of Culture and Environment to (a) negotiate and thereafter agree the detailed terms of the IAA in consultation with the nominated deputies of the Director of Finance and the Head of Legal Services and the Cabinet member for Environment and (b) authorise execution of the IAA;
3. THAT it be noted that the Director of Culture and Environment shall be nominated in the IAA as the Council’s Representative for the purposes of the IAA and shall discharge that either personally or by nominated deputy as appropriate;
4. THAT it be noted that Part B information relating to waste collection systems and waste tonnage forecasts will be presented in a further report to the Cabinet in Spring 2012 for approval; and
5. THAT authority be delegated to the Director of Culture and Environment to negotiate and thereafter agree the detailed terms of the transfer of the Regis Road Household Waste Recycling Centre in consultation with the nominated deputies of the Director of Finance and the Head of Legal Services and the Cabinet Member for Environment."

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Camden Cabinet Meeting,
1 December 2010

"This report sets out the key principles forming the basis for an Inter Authority Agreement (IAA) between the North London Waste Authority (NLWA) and its seven constituent Boroughs. The principles have been produced in consultation with constituent borough members and technical, finance and legal officers from each Borough.

"In its final form the IAA document will govern the interface between the signatory authorities with regards waste management over the life of the NLWA’s proposed future waste management contracts. These are the subject of a current procurement process and are expected to last up to 30 years.

"The 12 IAA Principles recognise that constituent Boroughs are not in a position to fully commit final decisions in relation to a number of aspects of the IAA at this time. If the recommendations of this report are approved officers will negotiate the IAA in accordance with the principles and seek further Cabinet approval before the document is entered into.

"A decision on this is brought to Cabinet as the IAA involves significant financial and strategic implications for the borough.

"Decision: RESOLVED –

1. THAT the adoption of the 12 Inter Authority Agreement principles set out in Section 3 [see below] be approved as the basis for negotiation of the IAA; and
2. THAT Camden’s current position on future collection waste systems be approved as an in principle basis that bidders will use to price bids for the Invitation to Submit Detailed Solutions stage of the procurement as set out in 4.1.10."

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IAA '12 PRINCIPLES'

"The following principles were “agreed” as a framework for negotiation of the IAA at the NLWA IAA Stakeholder event on the 16th September 2010 and refined slightly through subsequent discussion. It is intended that these will form the basis of a subsequent IAA the terms of which will be reported to Cabinet for approval, provisionally in July 2011.

1. Boroughs identify their preferred collection system subject to a final review of projected gate fees.
2. Residual waste is confirmed as in the contract and it is an NLWA decision to award the contract.
3. An eight authority commitment to work towards our recycling targets which includes the consideration of kitchen waste collection (a separate strategy to be developed)
4. Household Waste Recycling Centres (HWRCs) to be transferred to the NLWA subject to agreement to "transfer value" and overall service specification. NLWA to develop proposals for a capital investment programme covering the refurbishment of HWRCs and possible new sites. This programme is to be shared with Boroughs for comment in advance of presentation to the Authority for decision.
5. That Boroughs agree to consider menu pricing upon consideration of the costs as set out in Principle 6.
6. At a given date in the procurement, NLWA will provide Boroughs with treatment costs reflecting bid positions, to allow costs to be assessed and a position taken on both recycling and menu pricing.
7. There is an individual Borough "opt-out" covering i) recycling (whether source-segregated or co-mingled) and ii) the treatment of separately collected organic wastes.
8. Based on bid proposals (and previous decision on transfer to NLWA) the decision to include HWRCs in the contract to be made by NLWA.
9. Boroughs support the NLWA‟s position with bidders in relation to the 70% Guaranteed Minimum Tonnage (GMT) on the basis that Boroughs will not be penalised unless the Authority receives a contractual default. This position on GMT will only changed on the basis of improved value for money prior to the „Call for Final Tenders‟.
10. Any change mechanisms necessary to up-date the IAA for "Financial Close" are included in the IAA Agreement
11. NLWA will set-up a dialogue opportunity for Borough Officers to meet collectively with bidders prior to the "Call for Final Tenders".
12. Recycling performance will be reported at Borough and NLWA levels. Boroughs report all recycling activity within their boundaries with the support of NLWA."

(The full document is 'Adoption of the North London Waste Authority Inter-Authority Agreement Principles' (CENV/2010/42) - link to report.