Description: Maranoa Logo Process

Late Items

BUSINESS PAPER

 

General Meeting

 

Wednesday 22 February 2012

 

Surat Administration Centre

 

NOTICE OF MEETING

 

Date: 21 February 2012

 

 

Mayor:                                                    Councillor R S Loughnan

 

Deputy Mayor:                                        Councillor T G Hartley

Councillors:                                             Councillor J P Bartels

                                                              Councillor J L Chambers

                                                              Councillor R J Denton

                                                              Councillor W M Newman

                                                              Councillor M L Price

                                                              Councillor W S Wason

                                                              Councillor J S Watson

 

Chief Executive Officer:                            Mr Paul Bawden

 

Senior Management:                                Mr Tony Klein (Director Community Services)

                                                              Mr Matthew McGoldrick (Director Corporate Services)

                                                              Mr Barry Omundson (Director Operations)

                                                              Mr Rob Hayward (Director Planning & Environment)

 

Officers:                                                  Ms Jane Frith (Corporate Communications Officer)

 

Please find attached agenda for the General Meeting to be held at the Surat Administration Centre on February 22, 2012 at 9.00am.

Paul Bawden

Chief Executive Officer

 

 


Maranoa Regional Council

    

General Meeting -  22 February 2012

TABLE OF CONTENTS

Item       Subject

No

  

L            Late Items

L.1        Local Government Caretaker Period Protocol

Prepared by:      Paul Bawden, Chief Executive Officer

Attachment :       Caretaker Period Protocol

L.2        Additional Ordinary Meeting of Council

Prepared by:      Paul Bawden, Chief Executive Officer

L.3        Australian Land Management Group

Prepared by:      Kelly Rogers, Coordinator Executive Services

L.4        Approved contractor list for NDRRA program

Prepared by:      Barry Omundson, Director Infrastucture

L.5        Short-listing of respondents to expressions of interest for annual lease of parking bays - Roma Airport, and lease of car rental booths - Roma Airport.

Prepared by:      Barry Omundson, Director Infrastucture  

 

 


Maranoa Regional Council

    

General Meeting -  22 February 2012

Officer Report

Meeting: General  22 February 2012

Date: 16 February 2012

Item Number: L.1

File Number: D12/4350

 

Subject Heading:                     Local Government Caretaker Period Protocol

Classification:                                  Open Access  

Name of Applicant:                        

Location:                                          

Author & Officer’s Title:                 Paul Bawden, Chief Executive Officer

 

 

Executive Summary: 

Council will enter the caretaker period on 10 March 2012 in preparation for the 2012 quadrennial election on 28 April 2012.  During the caretaker period a number of restrictions apply to Council, Councillors and Council officers. 

 

Officer’s Recommendation: 

That Council adopts the Caretaker Period Protocol as presented and that the Chief Executive Officer communicates internally and externally the adopted protocol of Council.

 

 

Body of Report:

Adoption of a Caretaker Period Protocol in preparation for the 2012 quadrennial election ensures all parties are made aware of responsibilities during this time and that Council business continues to be conducted in a responsible, transparent and legally-compliant manner in the lead up to elections.   The attached protocol clarifies these requirements of Council, Councillors and Council officers.

 

The Caretaker Period ends at the conclusion of the election and applies only to the 2012 election.  A further review and update of the proposed protocol will be undertaken prior to any future elections.

Consultation (internal/external):

Review of:-

Local Government Act 2009 (LGA)

Local Government (Finance, Plans & Reporting) Regulation 2010 (LG FPR Reg)

Local Government electoral Act 2011 (LGEA)

Risk Assessment (Legal, Financial, Political etc.):

Failure to comply with this protocol may constitute inappropriate conduct, misconduct or official misconduct.

Policy Implications:

Advertising Expenditure

Subordinate Local Law No 1.4

Councillor Expenses & Provision of Facilities Policy

Financial Resource Implications:

Applicable organisational and/or individual fine for any prosecuted breach.

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.1.1(a) To undertake all governance functions and activities in a professional manner promoting corporate ethics and integrity and informed decision making practices so as foster an operating environment advocating fairness, equity and consistency.

Supporting Documentation:

1View

Caretaker Period Protocol

D12/4666

 

 

  


Attachment 1

Caretaker Period Protocol

 

 

Caretaker Period Protocol

 

INTRODUCTION

Council will enter a caretaker period prior to April 2012 quadrennial elections. During this time, certain restrictions shall apply to Council, Councillors and Council officers to ensure the ordinary business of Council continues in a responsible, transparent and legally-compliant manner in the period leading up to an election.

 

This protocol has been prepared in advance of the 2012 election and will be updated prior to any future elections.

 

This protocol has been adopted by resolution of Council. Council accordingly considers this protocol to be a “procedure”, as defined in s 176(4)(a) of the Local Government Act 2009.

 

APPLICABILITY

This protocol applies during Council’s quadrennial elections. It does not apply to byelections or fresh elections.

 

It applies to all Maranoa Regional Council Councillors and to all Council officers, whether permanent, temporary, casual or part-time employees, contractors or volunteers.

 

The Caretaker Period Protocol is to be read and implemented in conjunction with Council’s other relevant policies, strategies and documents.

 

LEGISLATION

Local Government Act 2009 (LGA)

Local Government (Finance, Plans and Reporting) Regulation 2010 (LG FPR Reg)

Local Government Electoral Act 2011 (LGEA)

Public Services Act 1994

Public Information Disclosure Act 2011

Council Policy: Advertising Expenditure

Subordinate Local Law No 1.4 (Installation of Advertising Devices) 2011

Councillor Expenses & Provision of Facilities

 

DEFINITIONS

 

Advertising – S138(2) in the Finance, Plans and Reporting Regulation: is promoting an idea, goods or services to the public for which a fee is paid.

 

Caretaker period – S90A of the LGA: the period during an election for the Council that starts on the day when the public notice of the holding of the election is given and ends at the conclusion of the election. The exact dates of a caretaker period are determined by the Electoral Commission of Queensland (ECQ).

 

The Local Government Quadrennial Election voting will conclude on Saturday 28 April 2012.

 

The ECQ advises that nominations open on 10 March 2012 and therefore in

accordance with S90A of the LGA and S25 of the LGEA, the Caretaker Period will

commence on 10 March 2012. The Caretaker Period will end at the conclusion of the election.

 

Civic events – a public event that Council initiates, manages and has full responsibility for.

 

Community events – events including but not limited to media launches, promotional events, community engagement, workshops, dinners, receptions, Mayoral events, awards, invitations to make submissions, local fairs.

 

Conclusion of election – S7 of the LGEA: the day on which the last declaration of a poll conducted in the election is displayed in the local government’s public office.

 

Council resources – includes employees, services, information, equipment, printing, photographs, graphic design, public funds, grants, media services, materials published by Council (e.g. newsletters), hospitality, stationery, property, facilities, website, vehicles, administrative tools, telecommunication devices.

 

Election material – S90D of the LGA: anything able to, or intended to, influence an

elector about voting at an election or affect the result of an election.

 

Election advertising period – S142 of the LG FPR Reg: the three months immediately before an election

 

Election period – Schedule Dictionary of the LGEA: the period starting on the day when public notice of the holding of the election is given under s 25(1) and ending on the close of the poll for the election.

 

Fresh election – Schedule Dictionary of the LGEA: an election of all the Councillors of Council that is not a quadrennial election.

 

Major policy decision – Schedule 4 Dictionary of the LGA: a decision:

·    about the appointment of a Chief Executive Officer;

·    about the remuneration of the Chief Executive Officer;

·    to terminate the employment of the Chief Executive Officer; or

·    to enter into a contract the total value of which is more than the greater of $150,000 or 1% of local government’s net rate and utility charges as stated in the local government’s audited financial statements included in the local government’s most recently adopted annual report.

 

Term of office – S159 LGA 2009: A councillor’s term starts on—

(a)   if the councillor is elected—the day after the conclusion of the

councillor’s election; or

(b) if the councillor is appointed—the day on which the councillor is

appointed.

 

S160 LGA 2009: A councillor’s term ends—

(a) if the councillor is elected at a quadrennial election or at a fresh

election—at the conclusion of the next quadrennial election; or

(b) if the councillor is elected at a fresh election and a declaration is

also made under a regulation—at the conclusion of the

quadrennial election after the next quadrennial election; or

(c) if the councillor is elected or appointed to fill a vacancy in the

office of another councillor—at the end of the other councillor’s

term; or

(d) when the Legislative Assembly ratifies the dissolution of the local

government under section 123; or

(e) when the councillor’s office becomes otherwise vacant.

 

PROTOCOL STATEMENT

Council reaffirms its commitment during an election period to:

·    the efficient continuation of Council’s day to day business;

·    transparent actions and decision-making;

·    actions that do not, or cannot be perceived to, bind an incoming Council in its operational delivery;

·    the suspension of major policy decisions;

·    the neutrality of Council officers; and

·    the continuation of the principle that the use of public funds for electoral purposes is unacceptable.

 

Elected members should take particular care in any campaign activity to ensure that there can be no possible perception of use of council provided resources and or facilities for activity that could be perceived as having some electoral flavour.

 

It is acknowledged that during an election period candidates may make election commitments which they intend to honour if they are elected. Such commitments are not subject to this protocol.

 

KEY PRINCIPLES

1. Council

Council will continue to meet during the caretaker period for the purpose of making decisions in the public interest. However, Council will defer making any decisions during the caretaker period which:

·    could be perceived to unreasonably bind an incoming Council in its operational delivery; or

·    constitute a major policy decision for which Ministerial approval has not been received (refer Principle 3 below).

 

2. Timing and planning

The exact dates of a caretaker period are determined by the Electoral Commission Queensland (ECQ).

 

The Local Government Quadrennial Election voting will conclude on Saturday 28 April 2012.

 

The ECQ advises that nominations open on 10 March 2012 and therefore in accordance with S90A of the LGA and S25 of the LGEA, the Caretaker Period will commence on 10 March 2012. The Caretaker Period will end at the conclusion of the election.

 

1 Refer to page 2 - Definitions - Major Policy Decision


3. Prohibition on major policy decisions

Council must not make a major policy decision2 during a caretaker period. However, if Council considers that, having regard to exceptional circumstances that apply, it is necessary to make the major policy decision in the public interest, Council shall apply to the Minister for approval to make the decision.

 

The Minister may give approval if the Minister is satisfied that, having regard to exceptional circumstances that apply, it is necessary for Council to make the major policy decision in the public interest. The Minister’s decision may include conditions with which Council must comply.

 

Note on Ministerial Approval for National Disaster Funding

Due to the exceptional circumstances that apply to these types of projects, the Minister has granted an approval for all local governments to make major policy decisions, during the 2012 local government quadrennial election caretaker period, that are approved Restoration of Essential Public Assets (REPA) relief measures under the National Disaster Relief Recovery Arrangements (NDRRA) funding program. The approval has been granted by the Minister to enable public assets to be reinstated to their pre-disaster state as soon as possible.

 

4. Invalidity of major policy decision in caretaker period without approval

A major policy decision made by Council during a caretaker period is invalid if Council does not have the Minister’s approval to make the decision. A contract is void if it is the subject of a major policy decision that is invalid.

 

A person who acts in good faith in relation to a major policy decision of Council, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision or because the contract is void, has a right to be compensated by Council for the loss or damage. The person may bring a proceeding to recover the compensation in a court of competent jurisdiction.

 

5. Prohibition on election material

In accordance with s 90D of the LGA, Councillors and Council officers shall not publish or distribute election material intending to influence voters using Council resources.

 

6. Use of Council resources during an election period

Councillors are entitled to use Council resources and facilities as outlined in the

Councillor Expenses & Provision of Facilities Policy, until their term of office3 comes to an end.

 

Use of Council equipment and resources for election purposes is strictly forbidden. This includes use for electoral purposes of Council vehicles, administrative tools and telecommunication devices as specified in the 2010 Local Government Act.

 

 

2 Refer to page 2 - Definitions - Major Policy Decision

3 Refer to page 2 – Definitions - Term of Office

 

 

Councillors are not permitted to affix, or allow to remain affixed, to Council property any sticker, poster, decal or other magnetic or adhesive device that promotes the Councillor as an actual or potential candidate for any election. Further, any mobile telephone or hand held device provided by Council must not be used by a Councillor for the purposes of promoting that Councillor as an actual or potential candidate for any election.

 

7. Advertising restrictions

S142 of the FPR Regulation requires Council to limit the level of spending on advertising in the three month period prior to an election in its advertising spending policy. According to Council’s Advertising Expenditure Policy, to meet the above requirement, advertising may continue during the election advertising period, however Council must not during the period of three months preceding an election of Local Government:

 

1.   Place advertisements relating to future plans unless, and only to the extent that, those plans have been formally adopted by Council;

2.   Advertise the activities of Council otherwise than in the manner and form it is customary to advertise its activities;

3.   Place advertisements which seek to influence support for particular candidates, groups of candidates or potential candidates in the election; and

4.   Must not bear the cost of advertisements featuring one or more councillors or containing quotation attributed to individual councillors.

 

8. Civic and community events

Representation of Council at civic and community events shall be able to continue

during an election period, provided the event meets one or more of the following

criteria:

·    it is a planned event endorsed by Council’s current Operational Plan;

·    it is, or plans to be, routinely held at the same time of year;

·    it is a commemorative or anniversary event held on or near the anniversary date;

·    it demonstrates a clear community benefit, or serves an educational or welfare purpose;

·    it contributes to cultural development, social awareness or sense of community identity; and/or

·    it is an event to be attended by or on behalf of the Mayor in fulfilling his or her statutory responsibilities for ceremonial and civic functions, including but not limited to, civic receptions, courtesy calls, hosting VIP guests to the Maranoa region.


 

9. Community programs and engagement

Surveys, blogs, invitations to put forward submissions, and other community

engagement activities should be avoided during the caretaker period. However community engagement may continue if it is part of an ongoing project that requires the engagement as part of approved programs. Where community engagement has

occurred before the caretaker period but the report has not yet proceeded to Council, results of the consultation will not be provided to Council until the caretaker period has concluded.

 

10. Media

Media releases prepared by the organisation during the caretaker period must be of public interest, relate to day-to-day Council business, and must not be reasonably construed as being for political purposes. In a media release, quotes will be attributed to a Council spokesperson.

 

During the caretaker period, Council will respond to media enquiries that relate to operational matters only. Media events may continue to be held during a caretaker period provided the media event relates to core Council business or an ongoing project and is not used for political purposes.

 

If the Mayor and/or a Councillor is at a media event and is asked a political question, the Mayor and/or a Councillor shall respond in their capacity as a candidate.

 

Speechwriting and speech notes will not be provided to any Councillor during the

caretaker period.

 

During the caretaker period, Council officers will not offer advice, assistance or scheduling to any Councillor in relation to their Councillor column. Any general requests for information to assist with columns will be directed through the CEO. Council will retain material placed on the website prior to the commencement of the caretaker period, however this material will be reviewed to ensure that no materials promote individual Councillors.

 

Councillor profiles on the website will be amended to satisfy legislative statutory

requirements.

 

Updates of Council’s website will be limited to the following:

·    Uploading of essential operational media releases, restricted to administrative or operational information of public interest and of a timesensitive nature;

·    Road work updates or road closures;

·    Health or emergency warnings;

·    Material that is purely factual and does not promote Council’s decisions;

·    Updates to existing forms;

·    Aesthetic changes;

·    Fixing broken links or repairing web issues; and/or

·    Compliance with legislative requirements.

 

11. Electoral signage

Candidates are required to comply with Council’s Subordinate Local Law No 1.4 (Installation of Advertising Devices) 2011 in the lead up to any election. Council officers are authorised to remove electoral signage erected in contravention of that Subordinate Local Law and/or take enforcement action in accordance with Local Law No. 1 (Administration) 2011.

 

12. Requests for information by Councillors

All requests for information or advice from Councillors shall continue to be responded to in accordance with the Councillor/Staff Interaction Protocol.

 

13. Provision of information to candidates

Requests for information by candidates during the caretaker period will be dealt with as per the process for a member of the public. The process for requesting and providing information will remain the same.

 

14. Mayor and Councillor correspondence

The Mayor and Councillors may continue to correspond with constituents on matters related to Council business during the caretaker period. However, in responding to correspondence, the Mayor and Councillors shall not purport to make policy commitments binding the incoming Council.

 

15. Council officers

Council officers shall maintain the normal business activities of Council during the caretaker period. Officers shall undertake their duties in an appropriate way and take all steps to avoid any real or perceived partisanship in order to protect the organisation’s ability to impartially serve any incoming Council following an election.

 

Officers are advised not to engage in any activity that is, or could be perceived to be, an electioneering activity for a Maranoa Regional Council election unless a leave of absence for the duration of the election campaign is granted in accordance with Council’s normal leave processes.

 

Any Council officer proposing to stand as a candidate for the election must be absent on leave from their nomination during the entire election period.

 

Elected member support officers will continue to provide support for Council endorsed activities and core Council business.

 

16. Compliance

Failure to comply with this protocol, and with the policies, guidelines, and procedures referred to in this protocol, may constitute inappropriate conduct, misconduct, or official misconduct and shall be dealt with as follows:

·    official misconduct shall be referred to the Crime and Misconduct Commission;

·    breaches by officers shall be managed under the Code of Conduct; and breaches by Councillors shall be managed under the conduct and performance obligations of the LGA.


 

17. Responsibilities

The CEO is the principal adviser to Council and all Councillors in relation to the application of this protocol. As such, the CEO is the final decision-maker in relation to this protocol.

 

 


Maranoa Regional Council

    

General Meeting -  22 February 2012

Officer Report

Meeting: General  22 February 2012

Date: 21 February 2012

Item Number: L.2

File Number: D12/4606

 

Subject Heading:                     Additional Ordinary Meeting of Council

Classification:                                  Open Access  

Name of Applicant:                        

Location:                                          

Author & Officer’s Title:                 Paul Bawden, Chief Executive Officer

 

 

Executive Summary: 

The Council will shortly be entering the Caretaker Period prior to the 2012 quadrennial elections.  Due to the calendar for February including five Wednesdays and impacts of floods on general operations an additional Ordinary Meeting is proposed to be scheduled.

 

 

Officer’s Recommendation: 

That an additional Ordinary Meeting of Council be arranged for the 7 March 2012 to be held in Roma.

 

 

Body of Report:

The provisions of Local Government Act provide for a caretaker period during election that commences on the day when the public notice of the holding of the election is given and ends at the conclusion of the election.  The Electoral Commission of Queensland have advertised that nominations open on 10 March 2012 and therefore the caretaker period will commence on this day.

 

During the caretaker period, the Council is precluded (unless given prior Ministers approval) from making any “major policy decisions” which includes entering into a contract of a total value of over $150,000.

 

Council has adopted a program of meetings based on the second and fourth Wednesday of each month.  Due to the calendar for February 2012 having five Wednesdays the last scheduled meeting before the caretaker period is the current one on the 22 February, 2012.

 

Due not only to the period between scheduled meetings, but also operational impacts of floods it is considered to be in the communities interest that an additional Council Meeting be organised for two weeks time on the 7 March, 2012.  It is anticipated that several tender reports and Council’s financial statements will be reported.

 

To maintain the overall adopted program of meeting it is proposed that the one planned for the 14 March 2012 be retained although only a limited agenda is anticipated.

Consultation (internal/external):

Executive Management

 

Risk Assessment (Legal, Financial, Political)

Legal

The additional meeting can ensure Council is able to complete outstanding business prior to the caretaker period.

Financial

The meeting can ensure that tenders/other expenditure anticipated in the adopted Operational Plan can be implemented.

 

Political

Council can continue with the management of regional issues through to commencement of caretaker period. 

Policy Implications:

Nil.

Financial Resource Implications:

Provide for delivery of 2011-2012 budget.

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.1.1(a) To undertake all governance functions and activities in a professional manner promoting corporate ethics and integrity and informed decision making practices so as foster an operating environment advocating fairness, equity and consistency.

Supporting Documentation:

Nil

 

  


Maranoa Regional Council

    

General Meeting -  22 February 2012

Presentation

Meeting: General  22 February 2012

Date: 21 February 2012

Item Number: L.3

File Number: D12/4673

 

SUBJECT HEADING:                     Australian Land Management Group

Classification:                                  Open Access 

Report compiled by:                       Kelly Rogers Coordinator Executive Services

Time:                                                   11.00am

 

Jock Douglas on behalf of the ALM Group will provide Council an overview of a proposed program designed to establish the Maranoa Region as leading the way in Australian land management.

 

Supporting Documentation:

Nil

  


Maranoa Regional Council

    

General Meeting -  22 February 2012

Officer Report

Meeting: General  22 February 2012

Date: 21 February 2012

Item Number: L.4

File Number: D12/4643

 

Subject Heading:                     Approved contractor list for NDRRA program

Classification:                                  Open Access  

Name of Applicant:                        

Location:                                           Infrastructure

Author & Officer’s Title:                 Barry Omundson, Director Infrastucture

 

 

Executive Summary: 

Council requested expressions of interest (EOI) for companies interested in providing civil construction and maintenance materials and/or services for Council’s NDRRA program.   The intention of the EOI is to select respondents onto an ‘approved contractor list’ established in accordance with section 180 of the Local Government (Finance, Plans and Reporting) Regulation 2010 (Qld).  The expressions of interest have been evaluated and six companies are recommended to be included on the ‘approved contractor list’.  The establishment of an ‘approved contractor list’ does not prevent Council from seeking tenders for work under the NDRRA program from companies that are not on the ‘approved contractor list’.

 

Officer’s Recommendation: 

That Council approve the following respondents for inclusion onto an ‘approved contractor list’ established in accordance with section 180 of the Local Government (Finance, Plans and Reporting) Regulation 2010 (Qld), for the provision of civil construction and maintenance services for Council’s NDRRA program:

 

·    Watpac

·    FKG

·    Probuild

·    NJ Contracting

·    G & R Brown & Sons

·    Civil Contractors

 

 

Body of Report:

An internal review of Council’s delivery of flood recovery works has revealed less than robust practices in terms of contractor engagement, quality control and value for money.  Consequently a range of delivery mechanisms were reviewed which are currently being undertaken by other Councils.  A strategy has been developed, including systems and processes as an outcome of that review, that will ensure Council is provided a clear, accountable and value for money delivery of flood recovery works. 

The CEO and Director Infrastructure discussed with the CEO and Chief of Staff of the Queensland Reconstruction Authority Council’s proposed delivery mechanism, and note both were satisfied with our approach.

 

Council requested expressions of interest (EOI) from companies interested in providing civil construction and maintenance materials and/or services for Council’s NDRRA program.

 

The intention of the EOI was to establish an ‘approved contractor list’ in accordance with section 180 of the Local Government (Finance, Plans and Reporting) Regulation 2010 (Qld).  The establishment of an ‘approved contractor list’ for Council’s NDRRA program exempts Council from the requirement to tender contracts for work under the NDRRA program, if contracts for those works are let to companies on ‘approved contractor list’.

 

The establishment of an ‘approved contractor’ list is consistent with Recommendation 19 of the ‘Position paper- Preliminary audit report – procurement processes for NDRRA flood recovery work’ (Report).  In accordance with the recommendations of that Report, to establish value for money, Council will (where practical) conduct ‘mini-tenders’ for contracts to perform work under the NDRRA program using companies on the ‘approved contractor list’.

 

The establishment of an ‘approved contractor list’ does not prevent Council from seeking tenders for work under the NDRRA program from companies that are not on the ‘approved contractor list’.

 

EOI evaluation

In late 2011, Council requested all respondents to the EOI to provide further detailed information for evaluation if they sought to become an Approved Contractor and able to be engaged without the need for an advertised tender relating to NDRRA flood recovery works.  Such information was required in order to satisfy the provisions of the local government act in terms of an Approved Contractor list.  The closing date for the provision of further detailed information was 26 January 2012. 

 

The following companies responded to Council’s request to develop an Approved Contractor list:

 

·    Calabah Constructions        

·    G & R Brown & Sons

·    FKG   

·    Evolution Traffic Control

·    Civil Contractors      

·    Clayben Contracting

·    Matt Lister Earthmoving      

·    Global Traffic Management

·    Injune Daily Express

·    Keeach Earthmoving

·    NJ Contracting         

·    Sedl

·    Probuild         

·    Rod Beattie Grader Hire

·    Watpac          

·    Stabilised Pavements of Australia

 

On 16 February 2012, the evaluation committee consisting of Barry Omundson (Director Infrastructure), Ben Yeoh (McCullough Robertson) and Lloyd Arnott (Aurecon), and independent Senior Engineer, met to evaluate the EOIs.  It was agreed at the commencement of the evaluation that Council would be seeking to select approximately six companies onto the ‘approved contractor list’. 

 

The evaluation was conducted in accordance with the EOI Evaluation Plan.  The Evaluation Plan provided a weighting for local content as well as other parameters including experience and OH&S systems. The evaluation committee individually scored the EOIs and discussed the scores.  All members of the evaluation committee had the same companies ranked in the top six (in slightly different orders).  Following the review of the scores, the evaluation committee nominated the following six companies for Council’s ‘approved contractor list’:

 

·    Watpac

·    FKG

·    Probuild

·    NJ Contracting

·    G & R Brown & Sons

·    Civil Contractors

 

Once on Council’s Approved Contractor list, there remains the requirement to apply sound contracting principals, which in terms of the engagement of contractors to undertake NDRRA flood recovery works means several prices are required to engage a contractor.  This provides a form of competitive process required under the local government act.

 

Exclusion from the Approved Contractor list does not mean contractors are unable to undertake work with Council through normal tender processes.

 

The next stage of this process is to engage through tender a Principal Engineering Consultant who will provide engineering support across a wide spectrum including, design, financial management, quality control, inspections, packaging of works, claim submissions, contractor selection and reporting.

 

Summary of recommendations

It is recommended that Council approve the following respondents for inclusion onto an ‘approved contractor list’ established in accordance with section 180 of the Local Government (Finance, Plans and Reporting) Regulation 2010 (Qld), for the provision of civil construction and maintenance services for Council’s NDRRA program:

 

·    Watpac

·    FKG

·    Probuild

·    NJ Contracting

·    G & R Brown & Sons

·    Civil Contractors

Consultation (internal/external):

CEO Paul Bawden

McCullock Robertson - Lawyers

Risk Assessment (Legal, Financial, Political etc.):

By creating an Approved Contractor list, the risk of not complying with legislative parameters is significant reduced.

The financial risk of having a claim for work not approved is reduced.

Policy Implications:

Nil

Financial Resource Implications:

The Approved Contractor list will provide for a more robust process in terms of value for money and reduce the risk of failed claims.

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.2.1(a) To instil confidence to Council and other stakeholders in their decision making by developing and implementing financial procedures, processes and methodologies in an environment that promotes integrity and accountability.

Supporting Documentation:

Nil

Report authorised by:

Paul Bawden, Chief Executive Officer


Maranoa Regional Council

    

General Meeting -  22 February 2012

Officer Report

Meeting: General  22 February 2012

Date: 21 February 2012

Item Number: L.5

File Number: D12/4608

 

Subject Heading:                     Short-listing of respondents to expressions of interest for annual lease of parking bays - Roma Airport, and lease of car rental booths - Roma Airport.

Classification:                                  Open Access  

Name of Applicant:                        

Location:                                           Roma Airport

Author & Officer’s Title:                 Barry Omundson, Director Infrastucture

 

 

Executive Summary: 

Two related expressions of interest were recently called in respect of the major upgrade to Roma Airport.  The expressions of interest were in respect to the annual lease of car parking bays at Roma Airport (Car Rental Bays) and lease of commercial booths in the Terminal Building at Roma Airport to provide car rental services (Car Rental Booths).  Responses to the expressions of interest have been evaluated.  The next stage of the process is to invite tenders from a short-list of respondents.

 

 It is preferable for the successful tenderers to commence car rental services at Roma Airport at least one week before the official opening of the major upgrade to Roma Airport on 17 March 2012.  Council’s approval to short-list the preferred respondents, negotiate with the preferred tenderers, to enter into contracts with the preferred tenderers, and the delegation of authority to its Chief Executive Officer to do those things on behalf on Council, is required to support the compressed program for evaluation of tenders, negotiation, award of contracts, and contractor mobilisation to Roma Airport.

 

 

Officer’s Recommendation: 

1.  That Council approve the following short-listed respondents for the Car Rental Bays, and to invite tenders from these short-listed respondents:

 

·    Thrifty

·    Avis

·    Budget

·    Europcar

 

2. That Council approve the following short-listed respondents for the Car Rental Booths, and to invite tenders from these short-listed respondents:

 

·    Thrifty

·    Avis

·    Budget

·    Europcar

 

3.  That Council authorise the Chief Executive Officer to negotiate with the preferred tenderers for the Car Rental Booths and preferred tenderers for the Car Rental Bays, and to enter into contracts in respect of the Car Rental Booths and the Annual Lease.

 

 

Body of Report:
Council recently called two expressions of interest in respect of the major upgrade to Roma Airport.  The expressions of interest were in respect to the annual lease of car parking bays at Roma Airport (Car Rental Bays) and lease of commercial booths at Roma Airport to provide car rental services (Car Rental Booths).  Council has four commercial booths available for lease at Roma Airport to car rental service providers.

Following assessment of EOI’s the next stage in the process is to invite the short-listed respondents for the Car Parking Bays, and the short-listed respondents for the Car Rental Booths, to submit tenders.  The intention is to invite, following the Council meeting, the short-listed respondents for the Car Rental Booths, and the short-listed respondents for the Annual Lease, to submit tenders.

 

Summary – Expression of interest for Car Parking Bays

At close of the expression of interest on 23 November 2012, four (4) responses were received from the following parties:

 

·    Thrifty

·    Avis

·    Budget

·    Europcar

 

The responses were evaluated in accordance with the ‘sound contracting principles’ in section 106 of the Local Government Act 2009.  All respondents were evaluated as being suitable to invite to tender for the Bays.

 

It is recommended that all respondents to the expression of interest be short-listed and invited to tender for the Annual Lease.

 

Summary – Expression of interest for Car Rental Booths

At close of expression of interest on 23 November 2012, four responses were received from the following parties:

 

·    Thrifty

·    Avis

·    Budget

·    Europcar

 

The responses were evaluated in accordance with the ‘sound contracting principles’ in section 106 of the Local Government Act 2009.  All respondents were evaluated as being suitable to invite to tender for the Car Rental Booths.

 

It is recommended that all respondents to the expression of interest be short-listed and invited to tender for the Car Rental Booths.

 

Procurement Timetable

The major upgrade to Roma Airport will be officially opened on 17 March 2012.  It is considered that car rental services commence operation at Roma Airport at least one week in advance of the official opening of the major upgrade at Roma Airport (i.e. 10 March 2012).  To achieve this objective, the contracts for the Annual Lease and Car Rental Booths must be entered into sufficiently in advance of 10 March 2012 in order for the successful tenderers to mobilise.

 

An indicative program is as follows:

22 February 2012

Council approves short-listed respondents to be invited to tender for the Car Rental Bays and Car Rental Booths

2 March 2012

Close of tender period for the Car Rental Bays and Car Rental Booths.

5  – 6 March 2012

Tender evaluation completed under delegated authority.

7 March 2012

Preferred tenderers are notified

10 March 2012

Car rental services commence at Roma Airport. 

 

Council’s next meeting is scheduled to occur during the caretaker period, (Although consideration is to be given to an additional meeting).  To support the compressed program and the indicative dates set out above, it is recommended that Council approve:

a)         that negotiations be entered into with preferred tenderers for the Car Rental   Booths and preferred tenderers for the Car Parking Bays;

b)         the entering into of contracts with the preferred tenderers for the Car Rental    Booths and preferred tenderers for the Car Parking Bays; and

c)         delegate to the Chief Executive Officer authority to carry out the above on       behalf of Council.

 

Summary of recommendations

It is recommended that Council:

a)         approve the short-listing of all respondents to the expression of interest for the Car Parking Bays and for those short-listed respondents to be invited to tender for the Car Parking Bays by 2 March 2012;

b)         approve the short-listing of all respondents to the expression of interest for the           Car Rental Booths and for those short-listed respondents to be invited to    tender for the Car Rental Booths by 22 February 2012;

c)         approve negotiations to be entered into with preferred tenderers for the Car   Rental Booths and preferred tenderers for the Car Parking Bays;

b)         approve the entering into of contracts with the preferred tenderers for the Car             Rental Booths and preferred tenderers for the Car Parking Bays; and

c)         delegate to the Chief Executive Officer authority to negotiate and enter into    contracts with the preferred tenderers for the Car Rental Booths and preferred      tenderers for the Car Parking Bays, on behalf of Council.

Consultation (internal/external):

Paul Bawden CEO

McCullough Robertson – Council Lawyers

Risk Assessment (Legal, Financial, Political etc.):

Legal:

The entire process is required to follow tender requirements as set by the Local Government Act and subordinate legislation.

 

Financial:

Tenders will result in an additional income stream for Council.

Policy Implications:

Nil

Financial Resource Implications:

The leasing of the car park bays and car rental booths can provide an income that addresses some of the investment in the airport.

 

Link to Corporate Plan:

Corporate Plan 2009-2013 8.2.1(a) To instil confidence to Council and other stakeholders in their decision making by developing and implementing financial procedures, processes and methodologies in an environment that promotes integrity and accountability.

Supporting Documentation:

Nil

 

Paul Bawden, Chief Executive Officer