CONFIRMATION OF MINUTES OF THE COUNCIL

Central Coast Council Minutes – 16 July 2012 1

Minutes of an ordinary meeting of the Central Coast Council held in theCouncil Chamber at the Administration Centre, 19 King Edward Street,Ulverstone on Monday, 16 July 2012 commencing at 6.00pm.

Councillors attendance

Cr Jan Bonde (Mayor) Cr Cheryl Fuller (Deputy Mayor)Cr John Bloomfield Cr Lionel BondeCr Shane Broad Cr Garry CarpenterCr Amanda Diprose Cr Kathleen DownieCr Gerry Howard Cr Rowan TongsCr Tony van Rooyen Cr Philip Viney

Employees attendance

General Manager (Ms Sandra Ayton)Director Corporate & Community Services (Mr Cor Vander Vlist)Director Development & Regulatory Services (Mr Michael Stretton)Director Engineering Services (Mr Bevin Eberhardt)Executive Services Officer (Miss Lisa Mackrill)Regulatory Services Group Leader (Mr Paul Bidgood)

Media attendance

The Advocate newspaper.

Public attendance

Three members of the public attended during the course of the meeting.

Prayer

The meeting opened in prayer.

2 Central Coast Council Minutes – 16 July 2012

CONFIRMATION OF MINUTES OF THE COUNCIL

177/2012 Confirmation of minutes

The Executive Services Officer reported as follows:

“The minutes of the previous ordinary meeting of the Council held on 18 June 2012and the special meeting of the Council held on 25 June 2012 have already beencirculated. The minutes are required to be confirmed for their accuracy.

The Local Government (Meeting Procedures) Regulations 2005 provide that inconfirming the minutes of a meeting, debate is allowed only in respect of theaccuracy of the minutes.”

Cr Viney moved and Cr Diprose seconded, “That the minutes of the previous ordinarymeeting of the Council held on 18 June 2012 and the special meeting of the Council heldon 25 June 2012 be confirmed.”

Carried unanimously

COUNCIL WORKSHOPS

178/2012 Council workshops


“The following council workshops have been held since the last ordinary meeting ofthe Council.

. 02.07.2012 – Quarterly update with the General Manager

. 09.07.2012 – Cradle Mountain Water / Draft Interim Planning SchemeTemplate for Cradle Coast Region.

This information is provided for the purpose of record only.”

Cr Howard moved and Cr Viney seconded, “That the Officer’s report be received.”

Carried unanimously


MAYOR’S COMMUNICATIONS

179/2012 Mayor’s communications

The Mayor reported as follows:

“I would like to take the opportunity to acknowledge that this will be the last Councilmeeting that Michael Stretton, Director Development & Regulatory Services, will beattending prior to taking up his new position with the Launceston City Council.”

The Mayor referred to Mr Stretton’s achievements over the past nine years in hisemployment with the Council and invited him to the table. Mr Stretton addressed theCouncil, acknowledging his enjoyment of the time he has worked at Central Coast and themeeting was resumed.

180/2012 Mayor’s diary


“I have attended the following events and functions on behalf of the Council:

. Youth & Family Focus Inc. - launch of The Little Yellow Book of Natural Highs(a collection of quotes from Mersey-Leven youth) (Devonport)

. Central Coast Service Clubs - discussion on upcoming projects

. Lions Club of Ulverstone - changeover dinner

. Rotary Club of Ulverstone - changeover luncheon

. Central Coast Community Safety Partnership Committee - meeting

. Radio 7AD - community report

. Ulverstone High School - Winter Exhibition

. Apex Club of Ulverstone and Central Coast Chamber of Commerce & Industry- meeting re Christmas Parade/Party in the Park event

. Ulverstone Municipal Band - annual general meeting

. Lions Club of Forth Valley - project launch

. Heybridge Improvement Association - visit to Blythe Heads Hall

. Central Coast Local Food Experience Strategy Reference Group - meeting

. Central Coast Chamber of Commerce & Industry - business networkingbreakfast

. Business visitation program - Penguin Composites

. Rotary Club of Ulverstone West - changeover dinner

. Royal Australian Air Force Association, North-West Branch - BomberCommand luncheon


. Local Government Association of Tasmania - Annual Conference - Mayors’breakfast (Hobart)

. Local Government Association of Tasmania - Annual General Meeting andGeneral Meeting (Hobart)

. Local Government Association of Tasmania - Annual Conference and dinner(Hobart).”

The Deputy Mayor reported as follows:


. Ulverstone Fire Brigade - annual dinner

. Driver Skills Australia - new office opening in Penguin

. North Western Fisheries Association - annual general meeting

. Central Coast Chamber of Commerce and Industry – Happy new financialyear function

. NAIDOC Week – flag raising ceremony at Administration Centre.”

Cr Tongs reported as follows:


. Apex Club of Ulverstone - changeover dinner.”

Cr Viney reported as follows:


. 100th birthday celebration for Mrs Edna Hearps.”

Cr Broad moved and Cr Tongs seconded, “That the Mayor’s, Deputy Mayor’s, Cr Tongs’and Cr Viney’s reports be received.”

Carried unanimously

181/2012 Pecuniary interest declarations


“Councillors are requested to indicate whether they have, or are likely to have, apecuniary interest in any item on the agenda.”



“The Local Government Act 1993 provides that a councillor must not participate atany meeting of a council in any discussion, nor vote on any matter, in respect ofwhich the councillor has an interest or is aware or ought to be aware that a closeassociate has an interest.

Councillors are invited at this time to declare any interest they have on matters tobe discussed at this meeting. If a declaration is impractical at this time, it is to benoted that a councillor must declare any interest in a matter before any discussionon that matter commences.

All interests declared will be recorded in the minutes at the commencement of thematter to which they relate.”

Cr Fuller reported as follows:

“I will be declaring an interest in respect of Tenders for construction and demolitionworks - Beach Road toilets (Minute No. 201/2012).”

182/2012 Public question time


“At 6.40pm or as soon as practicable thereafter, a period of not more than30 minutes is to be set aside for public question time during which any member ofthe public may ask questions relating to the activities of the Council.

Public question time will be conducted as provided by the Local Government(Meeting Procedures) Regulations 2005 and the supporting procedures adopted bythe Council on 20 June 2005 (Minute No. 166/2005).”

COUNCILLOR REPORTS

183/2012 Councillor reports


“Councillors who have been appointed by the Council to community and otherorganisations are invited at this time to report on actions or provide informationarising out of meetings of those organisations.


Any matters for decision by the Council which might arise out of these reportsshould be placed on a subsequent agenda and made the subject of a consideredresolution.”

Cr Viney reported on the annual general meeting of the Ulverstone Surf Club.

Cr Fuller reported on:

. the annual general meeting of the North West Fisheries Association and presented aCertificate of Appreciation to the Mayor in respect of the Ladies Fishing Day held atHiscutt Park, Penguin;

. the annual Ulverstone Fire Brigade dinner;

. recent correspondence provided by the Penguin Football Club Committee.

APPLICATIONS FOR LEAVE OF ABSENCE

184/2012 Leave of absence


“The Local Government Act 1993 provides that the office of a councillor becomesvacant if the councillor is absent without leave from three consecutive ordinarymeetings of the council.

The Act also provides that applications by councillors for leave of absence may bediscussed in a meeting or part of a meeting that is closed to the public.

There are no applications for consideration at this meeting.”

DEPUTATIONS

185/2012 Deputations


“No requests for deputations to address the meeting or to make statements ordeliver reports have been made.”


PETITIONS

186/2012 Petitions


“No petitions under the provisions of the Local Government Act 1993 have beenpresented.”

COUNCILLORS’ QUESTIONS

187/2012 Councillors’ questions without notice


“The Local Government (Meeting Procedures) Regulations 2005 provide as follows:

‘29 (1) A councillor at a meeting may ask a question without notice of thechairperson or, through the chairperson, of –

(a) another councillor; or

(b) the general manager.

(2) In putting a question without notice, a councillor must not –

(a) offer an argument or opinion; or

(b) draw any inferences or make any imputations –

except so far as may be necessary to explain the question.

(3) The chairperson must not permit any debate of a question withoutnotice or its answer.

(4) The chairperson, councillor or general manager who is asked aquestion without notice may decline to answer the question.

(5) The chairperson may refuse to accept a question if it does not relateto the activities of the council.

(6) Questions without notice, and any answers to those questions, arenot required to be recorded in the minutes.


(7) The chairperson may require a councillor to put a question withoutnotice in writing.’

If a question gives rise to a proposed matter for discussion and that matter is notlisted on the agenda, Councillors are reminded of the following requirements of theRegulations:

‘8 (5) Subject to subregulation (6), a matter may only be discussed at ameeting if it is specifically listed on the agenda of that meeting.

(6) A council by absolute majority… may decide at an ordinary meetingto deal with a matter that is not on the agenda if the generalmanager has reported –

(a) the reason it was not possible to include the matter on theagenda; and

(b) that the matter is urgent; and

(c) that (qualified) advice has been provided under section 65 ofthe Act.’

Councillors who have questions without notice are requested at this time to give anindication of what their questions are about so that the questions can be allocatedto their appropriate Departmental Business section of the agenda.”

The allocation of topics ensued.

188/2012 Councillors’ questions on notice


“The Local Government (Meeting Procedures) Regulations 2005 provide as follows:

‘30 (1) A councillor, at least 7 days before an ordinary meeting of a councilor council committee, may give written notice to the general manager of aquestion in respect of which the councillor seeks an answer at that meeting.

(2) An answer to a question on notice must be in writing.’

It is to be noted that any question on notice and the written answer to the questionwill be recorded in the minutes of the meeting as provided by the Regulations.


Any questions on notice are to be allocated to their appropriate DepartmentalBusiness section of the agenda.

No questions on notice have been received.”

D E V E L O P M E N T & R E G U L A T O R Y S E R V I C E S


DEPARTMENTAL BUSINESS

DEVELOPMENT & REGULATORY SERVICES

189/2012 Development & Regulatory Services determinations

The Director Development & Regulatory Services reported as follows:

“A Schedule of Development & Regulatory Services Determinations made during themonth of June 2012 is submitted to the Council for information. The information isreported in accordance with approved delegations and responsibilities.”


“A copy of the Schedule has been circulated to all Councillors.”

Cr Diprose moved and Cr (L) Bonde seconded, “That the Schedule of Development &Regulatory Services Determinations (a copy being appended to and forming part of theminutes) be received.”

Carried unanimously

G E N E R A L M A N A G E M E N T


GENERAL MANAGEMENT

190/2012 Minutes and notes of committees of the Council and other organisations

The General Manager reported as follows:

“The following (non-confidential) minutes and notes of committees of the Counciland other organisations on which the Council has representation have beenreceived:

. Central Coast Community Shed Committee – meeting held on 4 June 2012

. Development Support Special Committee – meeting held on 25 June 2012

. Penguin Miniature Railway Committee – meeting held on 26 June 2012

. Central Coast Community Safety Partnership Committee – meeting held on27 June 2012

. Central Coast Youth Engaged Steering Committee – meeting held on28 June 2012.

Copies of the minutes and notes have been circulated to all Councillors.”

Cr Viney moved and Cr Carpenter seconded, “That the (non-confidential) minutes andnotes of committees of the Council be received.”

Carried unanimously

191/2012 Turners Beach Community Representatives Committee - OperatingGuidelines and Charter


“PURPOSE

The purpose of this report is to consider the endorsement of the draft OperatingGuidelines and Charter for the Turners Beach Community RepresentativesCommittee. A copy of the Guidelines and Charter are appended to this report.

BACKGROUND

According to the Turners Beach Community Plan which was adopted by the Councilin 2007:

‘Turners Beach has its own look, feel and character that needs to bepreserved and managed...Lack of respect for the environment, and



development not sensitive to the area will destroy the very thing that isspecial about Turners Beach’.

The Council is committed to guiding future development in Turners Beach topreserve the area’s character through the facilitation of sensitive urban design.

In 2011 the Council adopted the Turners Beach Local Area Plan (Urban DesignGuidelines) (TBLAP) to provide a set of actions and urban design guidelines topreserve the character of Turners Beach and inform issues such as:

. The longer term future role and size of Turners Beach;

. Identifying the extent of the urban boundaries and location of staged growthareas;

. Identifying assets and values of the area to be retained and enhanced;

. A Precinct Plan for the community hall/recreation ground precinct (includingthe lawn bowling facility, Turners Beach Hall, tennis courts etc.);

. Mitigating or adapting to the hazards affecting the area, including floodingand climate change related impacts;

. Natural resource management/coastal management issues

. Incorporation of the Turners Beach Vegetation & Fire Management Plan;

. Incorporation of the Council’s Open Space and Recreation Plan;

. Identifying any traffic management, infrastructure or parking needs; and

. Investigating a service road between Turners Beach and Ulverstone.

To assist the Council in the implementation of the TBLAP an action was included inthe plan to form a Turners Beach consultative group.

DISCUSSION

The draft Operating Guidelines and Charter for the Turners Beach CommunityRepresentatives Committee (as appended) have been developed to provide aframework for:

. the role of the group;

. the membership of the group;

. meeting structure;

. meeting processes;

. the group’s responsibilities; and

. the Council’s responsibilities.

It is envisaged that the Committee will assist the Council in the implementation ofthe TBLAP by providing a valuable advisory body in which the local knowledge, skillsand energy of community members can be directed towards common goals andoutcomes.



The Forth Community Representatives Committee has operated successfully formany years by advising the Council and conveying community needs andexpectations and offers a successful model on which to base the Guidelines andCharter for the Turners Beach Community Representatives Committee.

CONSULTATION

The Council endorsed the establishment of the advisory group when it endorsed theTBLAP last year, and the Senior Management Team has reviewed the draft Guidelinesand Charter.

IMPACT ON RESOURCES

A decision to endorse the draft Guidelines and Charter will have some impact uponCouncil resources. It will be necessary for the Council to provide a member of staffto prepare meeting agendas, attend meetings, and prepare meeting minutes.Additionally, the General Manager and other senior staff will be required to attendmeetings.

CORPORATE COMPLIANCE

The Central Coast Strategic Plan 2009-2014 includes the following strategies andkey actions:

Council Sustainability and Governance. Effective communication and engagement. Strengthen local-regional connections.

CONCLUSION

It is recommended that the Council endorse the Turners Beach CommunityRepresentatives Committee Operating Guidelines and Charter and ask the GeneralManager to undertake an expression of interest process in accordance with theOperating Guidelines and Charter to appoint Committee members.”


“A copy of the Turners Beach Community Representatives Committee OperatingGuidelines and Charter has been circulated to all Councillors.”

Cr Downie moved and Cr Fuller seconded, “That the Council:



(a) endorse the Turners Beach Community Representatives Committee OperatingGuidelines and Charter (a copy being appended to and forming part of the minutes);and

(b) that the General Manager undertake an expression of interest process in accordancewith the Operating Guidelines and Charter to appoint Committee members.”

Voting for the motion Voting against the motion(11) (1)Cr (J) Bonde Cr (L) BondeCr BloomfieldCr BroadCr CarpenterCr DiproseCr DownieCr FullerCr HowardCr TongsCr van RooyenCr Viney

Motion Carried

192/2012 Dulverton Regional Waste Management Authority – Central Coast CouncilRepresentative vacancy (362/2011 – 21.11.2011)


“PURPOSE

The purpose of this report is to seek a replacement representative from the Councilon the Dulverton Regional Waste Management Authority Representatives Group.

BACKGROUND

The current representatives from the Central Coast Council on the DulvertonRegional Waste Management Authority Representatives Group (the Group) areCr Cheryl Fuller and Michael Stretton, Director Development & Regulatory Services.

DISCUSSION

With the resignation of Michael Stretton, Director Development & RegulatoryServices, a vacancy exists for the appointment of a new representative.



Historically the Council has appointed a Councillor and a staff member withexpertise in the waste management area to provide a broader representation by theCouncil on both the community and technical aspects of the functions of the Group.Philip Adams is the Council’s Environmental Engineer and has shown an interest inbeing appointed to the Group if Councillors wish to make another staffappointment. Philip has also been appointed a substitute representative when oneof the representatives was not available.

The Group meets four times a year, during the day, with the next meeting beingheld on Wednesday, 19 September 2012. The Group also holds an Annual GeneralMeeting each year which coincides with one of the Group meetings.

CONSULTATION

Consultation is not required on this matter.

IMPACT ON RESOURCES

There are no resource implications to consider in this matter.


The Central Coast Strategic Plan 2009-2014 includes the following strategy and keyactions:

Council Sustainability and Governance

. Improve service provision

. Strengthen local-regional connections.

CONCLUSION

It is recommended that the Council make an appointment to fill the vacant positionof representative on the Dulverton Regional Waste Management AuthorityRepresentatives Group due to the resignation of Michael Stretton.”

Cr Fuller moved and Cr Howard seconded, “That Philip Adams be appointed to the vacantrepresentative position on the Dulverton Regional Waste Management AuthorityRepresentatives Group.”

Carried unanimously

193/2012 Cradle Coast Waste Management Group - Annual Plan and Budget 2012/13




“PURPOSE

The purpose of this report is to advise the Council of the proposed activities of theCradle Coast Waste Management Group (CCWMG) and seek endorsement of the2012-2013 Annual Plan and Budget (a copy is appended to this report).

BACKGROUND

The Council endorsed the Cradle Coast Regional Waste Management Strategy 2012-2017 at its meeting on 18 June 2012 (Minute No. 157/2012) which established thebroad strategies to be delivered over the five year period to 2017. The Strategyincludes four goals:

1 Waste diversion: Diversion of materials from landfill to increase resourcerecovery, extend the life of existing landfills and reduce greenhouse gasemissions from waste.

2 Regional planning and efficiencies: Provide regional planning andcoordination of waste infrastructure and services to provide improvedresource recovery, delivering efficiencies and reducing costs of service/wasteinfrastructure.

3 Partnerships: Maintain partnerships with government, planning authoritiesand the three waste regions to shape waste management policies andregulation to influence future regulatory requirements and to identifyprograms and infrastructure best delivered with a statewide approach.

4 Community engagement: Work with the community and industry, througheducation and feedback, to take ownership of waste avoidance and reuse toimprove the use of existing and future services.

The Strategy’s interim waste diversion target is:

‘By 2017 divert 50% of all Municipal Solid Waste from all local governmentlandfill facilities across the CCWMG region.’

The CCWMG is responsible for the implementation of the Strategy through thedevelopment of an Annual Plan and Budget.

DISCUSSION

The CCWMG Annual Plan and Budget outlines the proposed activities that will beundertaken in the 2012-2013 financial year to achieve the goals of the Cradle CoastRegional Waste Management Strategy.



The CCWMG developed the Annual Plan and Budget to fulfil the goals and strategiesidentified in the Cradle Coast Regional Waste Management Strategy. The Groupcomprises an elected member, general manager and technical staff from councils inthe Cradle Coast region. The Council is represented on the Group by the DirectorDevelopment & Regulatory Services.

IMPACT ON RESOURCES

Implementation of the Annual Plan and Budget 2012-2013 will have no impacts onCouncil resources as the actions are funded through waste levy revenue.



Council Sustainability and Governance. Improve corporate governance. Improve service provision. Strengthen local-regional connections.

The Plan also complies with the Cradle Coast Regional Waste Management Strategy2012-2017.

CONCLUSION

It is recommended that the Council endorse the Cradle Coast Waste ManagementGroup, Annual Plan and Budget 2012-2013.”


“A copy of the Cradle Coast Waste Management Group Annual Plan and Budget2012-2013 has been provided to all Councillors.”

Cr Fuller moved and Cr Bloomfield seconded, “That the Council endorse the Cradle CoastWaste Management Group Annual Plan and Budget 2012/13 (a copy being appended to andforming part of the minutes)”.

Carried unanimously

C O R P O R A T E & C O M M U N I T Y S E R V I C E S


CORPORATE & COMMUNITY SERVICES

194/2012 Contracts and agreements

The Director Corporate & Community Services reported as follows:

“A Schedule of Contracts and Agreements (other than those approved under thecommon seal) entered into during the month of June 2012 has been submitted bythe General Manager to the Council for information. The information is reported inaccordance with approved delegations and responsibilities.”



Cr Downie moved and Cr Tongs seconded, “That the Schedule of Contracts andAgreements (a copy being appended to and forming part of the minutes) be received.”

Carried unanimously

195/2012 Correspondence addressed to the Mayor and Councillors


“PURPOSE

This report is to inform the meeting of any correspondence received during themonth of June 2012 and which was addressed to the ‘Mayor and Councillors’.Reporting of this correspondence is required in accordance with Council policy.

CORRESPONDENCE RECEIVED

The following correspondence has been received and circulated to all Councillors:

. Email and response relating to offer from Rotary Club of UlverstoneCommunity Service Committee to place seating in Anzac Park.

. Email and response relating to concerns over the clearing of vegetationwithin the Gawler River riparian reserve.

. Letter requesting consideration of works relating to the drain alongsideWestella Drive.



. Letter concerning a range of road safety matters including speed limits inLovett Street.

Where a matter requires a Council decision based on a professionally developedreport the matter will be referred to the Council. Matters other than those requiringa report will be administered on the same basis as other correspondence received bythe Council and managed as part of the day-to-day operations.”

Cr Fuller moved and Cr Howard seconded, “That the Director’s report be received.”

Carried unanimously

196/2012 Common seal


“A Schedule of Documents for Affixing of the Common Seal for the period19 June 2012 to 16 July 2012 is submitted for the authority of the Council to begiven. Use of the common seal must first be authorised by a resolution of theCouncil.

The Schedule also includes for information advice of final plans of subdivisionsealed in accordance with approved delegation and responsibilities.”



Cr Viney moved and Cr Tongs seconded, “That the common seal (a copy of the Scheduleof Documents for Affixing of the Common Seal being appended to and forming part of theminutes) be affixed subject to compliance with all conditions of approval in respect of eachdocument, and that the advice of final plans of subdivision sealed in accordance withapproved delegation and responsibilities be received.”

Carried unanimously

197/2012 Financial statements


“The following principal financial statements of the Council for the period ended30 June 2012 are submitted for consideration:



. Summary of Rates and Fire Service Levies

. Capital Works Resource Schedule.”


“Copies of the financial statements have been circulated to all Councillors.”

Cr Downie moved and Cr Bloomfield seconded, “That the financial statements (copiesbeing appended to and forming part of the minutes) be received.”

Carried unanimously

198/2012 Review of the Code for Tenders and Contracts (396/2006 - 20.11.2006)


“PURPOSE

The purpose of this report is to review the Code for Tenders and Contracts.

BACKGROUND

The Council adopted a Code for Tenders and Contracts (the Code) on 12 December2005 (Minute No. 436/2005) and that Code was subsequently reviewed in line withthe changes to the Local Government (General) Regulations 2005 which came intoeffect on 1 July 2006 (Minute No. 396/2006 - 20.11.2006). The Local GovernmentAct 1993 requires that the Council review the Code at least once every four yearsand section 28 of the Local Government (General) Regulations 2005 defines whatthe Code is to cover.

A review of the Code was commenced in 2011, however the Council’s desire toensure than any changes to the Code were reflected in the updating of tenderprocedures, and that the updated Code reflected changes in purchasing, hasdelayed the completion of the review.

The relevant sections of the legislation that the Council is required to comply with inits Code are outlined below:

Section 333B of the Local Government Act 1993 provides as follows:

‘(1) A council must adopt a code relating to tenders and contracts underthis Division by 1 January 2006.

(2) The code must -



(a) be consistent with this Act; and(b) include any prescribed matter; and(c) promote any prescribed principles; and(d) be reviewed at least once every 4 years.

(3) A council must comply with its code.

(4) The general manager is to make a copy of the council’s code and anyamendments to the code available -

(a) for public inspection at the public office during ordinary officehours; and

(b) for purchase at a reasonable charge; and(c) on its internet site free of charge.’

Regulation 28 of the Local Government (General) Regulations 2005 provides asfollows:

‘A code adopted under section 333B of the Act is to -

(a) promote the following principles:

(i) open and effective competition;(ii) value for money;(iii) enhancement of the capabilities of local business and

industry;(iv) ethical behaviour and fair dealing; and

(b) establish and maintain procedures to ensure that all potentialsuppliers are provided with the same information relating tothe requirements of a tender or contract and are given equalopportunity to meet the requirements; and

(c) establish and maintain procedures to ensure that fair andequal consideration is given to all tenders or quotationsreceived; and

(d) establish and maintain procedures to deal honestly with, andbe equitable in the treatment of, all potential or existingsuppliers; and

(e) establish and maintain procedures to ensure a prompt andcourteous response to all reasonable requests for advice andinformation from potential or existing suppliers; and



(f) seek to minimise the cost to suppliers of participating in thetendering process; and

(g) protect commercial-in-confidence information; and

(h) for contracts valued at under $100 000 excluding GST, specifywhen 3 written quotations are required; and

(i) establish and maintain procedures for the use of multiple-useregisters for contracts valued at under $100 000, excludingGST; and

(j) establish and maintain procedures for reporting by the generalmanager to the council in relation to the purchase of goods orservices in circumstances where a public tender or quotationprocess is not used; and

(k) establish and maintain procedures for the review of eachtender process to ensure that each tender is in accordancewith these regulations and the code; and

(l) establish and maintain procedures for the following:

(i) amending or extending a tender once it has beenreleased;

(ii) opening tenders;(iii) the consideration of tenders that do not fully conform

with the tender requirements;(iv) the debriefing of unsuccessful tenderers;(v) handling complaints regarding processes related to the

supply of goods or services.’

DISCUSSION

A review of the Code for Tenders and Contracts confirms that, apart from one minoraddition under section 5.13 Multiple-use register, the Code currently meets all ofthe requirements listed under section 333B of the Local Government Act 1993 andRegulation 28 of the Local Government (General) Regulations 2005.

With regard to the requirements listed under section 333B of the Local GovernmentAct 1993 the Code is made available for public inspection at the Council’sAdministration Centre during normal business hours and is available on theCouncil’s website.



With regard to the requirements listed under Regulation 28 of the Local Government(General) Regulations 2005 the Code promotes open and effective competition,value for money, the enhancement of the capabilities of local business and industryand ethical behaviour and fair dealing. It seeks to minimise the cost to supplierswho participate in the tendering process and protects commercial-in-confidenceinformation.

. In respect of the specific procedural requirements to:

‘(b) establish and maintain procedures to ensure that all potentialsuppliers are provided with the same information relating tothe requirements of a tender or contract and are given equalopportunity to meet the requirements; and

(c) establish and maintain procedures to ensure that fair andequal consideration is given to all tenders or quotationsreceived;’

these are covered within section 5.4.3 of the Code.


‘(d) establish and maintain procedures to deal honestly with, andbe equitable in the treatment of, all potential or existingsuppliers; and

(e) establish and maintain procedures to ensure a prompt andcourteous response to all reasonable requests for advice andinformation from potential or existing suppliers;’

these are covered within section 5.5 of the Code.

. In respect of the specific procedural requirement:

‘(h) for contracts valued at under $100 000 excluding GST, specifywhen 3 written quotations are required;’

this is covered under section 5.2 of the Code.

. In respect of the specific procedural requirement to:

‘(i) establish and maintain procedures for the use of multiple-useregisters for contracts valued at under $100 000, excludingGST;’



Apart from the inclusion of notations advising that the Multiple-use registercan be used for contracts valued at under $100,000 (exc. GST) as well as forthose contracts valued at over $100,000 this is covered under section 5.13of the Code.


‘(j) establish and maintain procedures for reporting by the generalmanager to the council in relation to the purchase of goods orservices in circumstances where a public tender or quotationprocess is not used; …’

this is covered within section 10.1 of the Code.


‘(k) establish and maintain procedures for the review of eachtender process to ensure that each tender is in accordancewith these regulations and the code; …’

this is covered under sections 5.7.2 and 5.8 of the Code.


‘(l) establish and maintain procedures for the following:

(i) amending or extending a tender once it has beenreleased;’

this is covered under sections 5.4.3 and 5.7.2 of the Code;

‘(ii) opening tenders;’

this is covered under section 5.6.2 of the Code;

‘(iii) the consideration of tenders that do not fully conformwith the tender requirements;’

this is covered under section 5.7.2 of the Code;

‘(iv) the debriefing of unsuccessful tenderers;’

this is covered under section 5.10 of the Code;



‘(v) handling complaints regarding processes related to thesupply of goods or services.’

this is covered under section 7 of the Code.

In addition to the inclusion of a definition for the term ‘preferred supplier’ the onlychanges recommended to the Code are in regard to the addition of the words, ‘Forcontracts valued at under $100,000, excluding GST,’ at the start to section 5.13Multiple-use register, and the addition of the words, ‘For contracts valued at over$100,000 (excluding GST), where the Council might wish to utilise a multiple-useregister process, individual contracts will be let only after being approved by theCouncil’, as a notation to cover those contracts valued at over $100,000, excludingGST where the Council might use the multiple-use register.

All other areas of the Code have been left unchanged apart from the addition of the11.2 Local Buy option being an additional Local Government purchase option nowutilised by the Central Coast Council.

CONSULTATION

No consultation was required for this report.

IMPACT ON RESOURCES

The changes to the Code for Tenders and Contracts will have no impact onresources.



Council Sustainability and Governance. Improve corporate governance.

CONCLUSION

It is recommended that the Council adopt the the Code for Tenders and Contractsdated July 2012.”


“A copy of the Code for Tenders and Contracts dated July 2012 has been circulatedto all Councillors.”



Cr Bloomfield moved and Cr (L) Bonde seconded, “That the Council endorse the Code forTenders and Contracts dated July 2012 (a copy being appended to and forming part of theminutes).”

Carried unanimously

E N G I N E E R I N G S E R V I C E S


ENGINEERING SERVICES

199/2012 Engineering Services determinations

The Director Engineering Services reported as follows:

“A Schedule of Engineering Services Determinations made during the month ofJune 2012 is submitted to the Council for information. The information is reportedin accordance with approved delegations and responsibilities.”



Cr (L) Bonde moved and Cr Tongs seconded, “That the Schedule of Engineering ServicesDeterminations (a copy being appended to and forming part of the minutes) be received.”

Carried unanimously

200/2012 Public question time

The time being 6.39pm, the Mayor introduced public question time.

Questions and replies concluded at 6.44pm.

201/2012 Tenders for construction and demolition works - Beach Road toilets

Cr Fuller, having declared an interest, retired from the meeting and left the Chamber forthat part of the meeting relating to the consideration, discussion and voting on the matterof the Tenders for construction and demolition works – Beach Road toilets at 7.44pm.


“The Assets Group Leader has prepared the following report:

“PURPOSE

The purpose of this report is to make recommendation on tenders receivedfor the construction of new public toilets at the Ulverstone Surf Club anddemolition of the existing toilets opposite.



BACKGROUND

Funds have been allocated in the 2012-2013 budget for the construction ofnew public toilets at the Ulverstone Surf Club (refer to attached floor plan)and the demolition of the existing toilets opposite.

The existing facilities have been identified for renewal in the Buildings andFacilities Service and Asset Management Plan.

Tenders were invited for the construction of the Beach Road public toilets onSaturday, 19 May 2012 and closed on Wednesday, 20 June 2012.

DISCUSSION

Tenders were received as follows (including GST):

TENDERER TOTALPRICE $

Mobile Onsite Engineering 186,294.00Stubbs Constructions 193,050.00RMB Construction (Tas.) P/L 194,595.50LHS Constructions (Tas.) P/L 200,530.00Mead Con 202,081.00Vos Construction & Joinery P/L 203,736.50CDC Projects P/L 204,239.00AJR Construct P/L 207,120.00MPH Builders P/L 214,940.00S & K Building Design 226,006.00

ESTIMATE 150,000.00

All tenders meet the requirements of the specifications and have thecapabilities to provide the project.

CONSULTATION

This item has followed an invited tender process.

Consultation has been undertaken within the Engineering ServicesDepartment and also involved the Ulverstone Surf Club.



IMPACT ON RESOURCES

The original budget for this project was $150,000. As can be seen thelowest tender received was for $186,294. The shortfall can be made up withthe deferral of the following projects to the 2013-2014 year:

. Apex Park – Shelter refurbishment $25,000

. Toilet furniture upgrade $20,000

Deferral of these works to 2013-2014 should not adversely affect the assetsfrom a safety and service perspective.


The Central Coast Strategic Plan 2009-2014 includes the following strategiesand key actions:

A Connected Central Coast. Provide for a diverse range of movement patterns. Connect the people with services

The Environment and Sustainable Infrastructure. Contribute to a safe and healthy environment. Develop and manage sustainable built infrastructure

Council Sustainability and Governance. Improve service provision. Improve the Council’s financial capacity to sustainably meet

community expectations.

CONCLUSION

It is recommended that the tender from Mobile Onsite Engineering in theamount of $186,294 (including GST) for the construction of public toilets atthe Ulverstone Surf Club and the demolition of the existing public toilets beaccepted and approved, and further, that approval be given for the deferralof the Apex Park Shelter refurbishment ($25,000) and the toilet furnitureupgrade ($20,000) to 2013-2014 and transfer of funds to enable completionof the public toilets at the Ulverstone Surf Club.’

The Assets Group Leader’s report is supported.”

Cr van Rooyen moved and Cr Viney seconded, “That the tender from Mobile OnsiteEngineering in the amount of $186,294 (including GST) for the construction of public toilets



at the Ulverstone Surf Club and the demolition of the existing public toilets be accepted,and further, that approval is given for the deferral of the Apex Park Shelter refurbishment($25,000) and the toilet furniture upgrade ($20,000) to 2013-2014 and transfer of funds toenable completion of the public toilets at the Ulverstone Surf Club.”

Carried unanimously

Cr Fuller returned to the meeting at this stage (6.48pm).

202/2012 Tender for bridge replacement – Clayton Rivulet - Clerkes Plains Road,Kindred


“The Engineering Group Leader has prepared the following report:

‘PURPOSE

The purpose of this report is to make recommendation on tenders receivedfor the replacement of the existing bridge over the Clayton Rivulet onClerkes Plains Road, Kindred

BACKGROUND

The bridge was inspected in March 2012 and found to have a broken beam.A load limit was immediately placed on the bridge, however, this restrictedaccess for the heavier farming vehicles, especially milk tankers. In order toexpedite the replacement process, design and construct tenders were calledfor the replacement of the bridge on 19 May 2012, closing at 2.00pm on19 June 2012, rather than waiting for budget approval on 25 June 2012.

A minimum conforming standard was outlined, along with general evaluationcriteria for improved structures subject to available funding within the overallbridge capital works budget.

DISCUSSION

Tenders were received as follows (including GST and $30,000 contingency):



TENDERER PRICE $

CONFORMING TENDERS

BridgePro Engineering P/L (Option 1) 262,320

TasSpan P/L – (Option 1) 375,942

NON-CONFORMING TENDERS

VEC Civil Engineering P/L (Option 1) 220,476VEC Civil Engineering P/L (Option 2) 220,476TasSpan P/L (Option 2) 248,136BridgePro Engineering P/L (Option 2) 251,100

ESTIMATE 380,000

BridgePro Engineering P/L (Option 1)

. Single span, 12.0m clear span.

. Replaced in the same location as existing.

. Revised vertical alignment to provide clearance to water level.

. Single lane – 4.6m between barriers.

. Superstructure – prestressed concrete “t” planks.

. Substructure – concrete piles with full depth concrete abutments andwingwalls.

. W-beam guardrail on bridge with w-beam guardrail on approaches.

. Roadworks at both ends to match into existing.

. Lifespan 100 years.

BridgePro Engineering P/L (Option 2)





. Superstructure - prestressed concrete “t” planks.

. Substructure – concrete piles with reduced depth abutment andwingwalls maintaining existing sandbags.






TasSpan P/L (Option 1)





. Superstructure – reinforced concrete planks

. Substructure – steel piles with full depth concrete abutments andwingwalls.




TasSpan P/L (Option 2)





. Superstructure - reinforced concrete planks

. Substructure – steel piles with reduced depth abutment and wingwallsmaintaining existing sandbags.




VEC Engineering P/L (Option 1)



. Similar vertical alignment to existing.


. Superstructure – prestressed precast concrete planks.

. Substructure – steel piles with reduced depth concrete abutments andwingwalls.




VEC Engineering P/L (Option 2)







. Superstructure - reinforced concrete planks.

. Substructure – steel piles with full depth abutments and wingwalls.




BridgePro and TasSpan both offered conforming tenders and alternative non-conforming tenders. VEC also tendered two options, however neitheroptions comply with requirements specified in the design brief. Both arenon-conforming and will not be considered further.

The non-conforming alternative tenders from BridgePro and TasSpan aresimilar to one another in that they specify reduced depth abutments andwingwalls and maintain the existing sandbag facing to prevent scour. Whilstthis may be adequate in the short to intermediate term, the condition of thesandbags are not fully known and may require maintenance or replacementduring the life of the bridge structure. Both alternative tenders will not beconsidered further.

The preferred option for any bridge replacement is with a permanentconcrete structure if it falls within budget as there are low lifecycle andmaintenance costs. Both conforming tenders provide for concretepermanent options and are within budget.

The two tenderers are recognised as being competent to perform the worksand their structures conform to relevant standards.

Both tender designs are similar in that they propose a structural concretedeck sitting on concrete abutments over steel or concrete piles. Standardw-beam railing is proposed on both.

The Council uses a weighted tender assessment method based on:

. compliance with tender documents;

. experience;

. personnel;

. construction period;

. OHWS system and record;

. tender price/value for money.

BridgePro Engineering P/L achieved the highest rating based on this method.



CONSULTATION

This item has followed a public tendering process.

Local consultation and public notice will be provided at the time ofconstruction.

IMPACT ON RESOURCES

All tenders are below the budget estimate.


The Central Coast Strategic Plan 2009-2014 includes the following strategiesand key actions:

A Connected Central Coast. Provide for a diverse range of movement patterns. Connect the people with services

The Environment and Sustainable Infrastructure. Contribute to a safe and healthy environment. Develop and manage sustainable built infrastructure

Council Sustainability and Governance. Improve service provision. Improve the Council’s financial capacity to sustainably meet

community expectations.

CONCLUSION

It is recommended that the tender from BridgePro Engineering Pty Ltd for thesum of $262,320 (including GST) for the replacement of the Clayton Rivuletbridge at Clerkes Plains Road, Kindred be accepted and approved by theCouncil.’

The Engineering Group Leader’s report is supported.”

Cr van Rooyen moved and Cr (L) Bonde seconded, “That the tender from BridgeProEngineering Pty Ltd for the sum of $262,320 (including GST) for the replacement of theClayton Rivulet bridge at Clerkes Plains Road, Kindred be accepted.”

Carried unanimously

Cr Carpenter left the meeting at this stage (6.57pm).


CLOSURE OF MEETING TO THE PUBLIC

203/2012 Meeting closed to the public


“The Local Government (Meeting Procedures) Regulations 2005 provide that ameeting of a council is to be open to the public unless the council, by absolutemajority, decides to close the meeting or part of the meeting because it wishes todiscuss a matter (or matters) in a closed meeting and the Regulations provideaccordingly.

Moving into a closed meeting is to be by procedural motion. Once a meeting isclosed, meeting procedures are not relaxed unless the council so decides.

It is considered desirable that the following matters be discussed in a closedmeeting:

. Minutes and notes of other organisations and committees of the Council;

. Cradle Coast Authority Board – Call for nominations;

. Governance – Appointment of Acting General Manager; and

. Draft Central Coast Open Space and Recreation Plan 2012-2022 –Communications & Consultation Plan.

These are matters relating to:

. information provided to the Council on the condition it is kept confidential;and

. personnel matters.”

Cr Fuller moved and Cr (L) Bonde seconded, “That the Council close the meeting to thepublic to consider the following matters, they being matters relating to:

. information provided to the Council on the condition it is kept confidential; and

. personnel matters;

and the Council being of the opinion that it is lawful and proper to close the meeting to thepublic:

. Minutes and notes of other organisations and committees of the Council;

. Cradle Coast Authority Board – Call for nominations;

. Governance – Appointment of Acting General Manager; and


. Draft Central Coast Open Space and Recreation Plan 2012-2022 – Communications& Consultation Plan.”

Carried unanimously and by absolute majority

The Executive Services Officer further reported as follows:

“1 The Local Government (Meeting Procedures) Regulations 2005 provide inrespect of any matter discussed at a closed meeting that the generalmanager is to record in the minutes of the open meeting, in a manner thatprotects confidentiality, only the fact that the matter was discussed and isnot to record in the minutes of the open meeting the details of the outcomeunless the council determines otherwise.

2 The Local Government Act 1993 provides that a councillor must not discloseinformation seen or heard at a meeting or part of a meeting that is closed tothe public that is not authorised by the council to be disclosed.

Similarly, an employee of a council must not disclose information acquired assuch an employee on the condition that it be kept confidential.

3 In the event that additional business is required to be conducted by a councilafter the matter(s) for which the meeting has been closed to the public havebeen conducted, the Regulations provide that a council may, by simplemajority, re-open a closed meeting to the public.”



GENERAL MANAGEMENT

204/2012 Minutes and notes of other organisations and committees of the Council


“The following minutes and notes of committees of the Council and otherorganisations on which the Council has representation have been received…

…

The Local Government (Meeting Procedures) Regulations 2005 provide in respect ofany matter discussed at a closed meeting that ‘the general manager –

(a) is to record in the minutes of the open meeting, in a manner that protectsconfidentiality, only the fact that the matter was discussed; and

(b) is not to record in the minutes of the open meeting the details of theoutcome unless the council or council committee determines otherwise.’

The details of this matter are accordingly to be recorded in the minutes of theclosed part of the meeting.”

Cr Carpenter returned to the meeting at this stage (6.58pm).

205/2012 Cradle Coast Authority Board - Call for nominations


“PURPOSE

The purpose of this report is to consider a call for nominations to the Cradle CoastAuthority Board.

…







206/2012 Governance – Appointment of Acting General Manager


“PURPOSE

The purpose of this report is to recommend the appointment of an Acting GeneralManager in the absence from time to time of the appointed General Manager.

…







ENGINEERING SERVICES

207/2012 Draft Central Coast Open Space and Recreation Plan 2012-2022 –Communications & Consultation Plan

The Director Engineering Services reports as follows:

“PURPOSE

The purpose of this report is to seek the Council’s endorsement of theCommunications & Consultation Plan … and Discussion Papers which have beendeveloped to seek community input for the Draft Central Coast Open Space andRecreation Plan 2012-2022 (“the Plan”).

…






Closure

There being no further business, the Mayor declared the meeting closed at7.48pm.

CONFIRMED THIS 20TH DAY OF AUGUST, 2010.

Chairperson

(lmm:dil)

Appendices

Minute No. 189/2012 - Schedule of Development & Regulatory ServicesDeterminations

Minute No. 191/2012 - Turners Beach Community RepresentativesCommittee Operating Guidelines and Charter

Minute No. 193/2012 - Cradle Coast Waste Management Group AnnualPlan and Budget 2012/13

Minute No. 194/2012 - Schedule of Contracts & AgreementsMinute No. 196/2012 - Schedule of Documents for Affixing of the

Common SealMinute No. 197/2012 - Financial statementsMinute No. 198/2012 - Code for Tenders and Contracts July 2012Minute No. 199/2012 - Schedule of Engineering Services Determinations

2

2 Role

The role of the Turners Beach Community Representatives Committee is to assistthe Council in the implementation of the TBLAP by:

. acting as an advisory body to the Council;

. providing another link between the community and the Council;

. encouraging greater community participation; and

. utilising the skills, knowledge and energy of community members.

3 Relationship to Council

. The group has been established as a representative group to advise theCouncil.

. The Council will coordinate Committee meetings and manage agendas andminutes for each meeting.

. Relevant Council staff will attend Committee meetings as required.

. Councillors will not attend Committee meetings unless by invitation of theGeneral Manager.

4 Representatives Committee membership

. Members can be residents, tenants, ratepayers (commercial and residential)and members of community groups based in Turners Beach and will comprise:

one representative from Turners Beach Neighbourhood Watch Group; one representative from Turners Beach Coastcare; one representative from Friends of the Dunes; one representative from the Turners Beach Cricket/Football Club; one representative from the Turners Beach Bowls Club; three community representatives with no affiliation to the community

groups listed above; the General Manager; and minute taker (to be resourced by the Council).

3

. The General Manager (or her/his representative) will be the Chairperson at anymeeting of the Committee.

. Committee members will be appointed through an expression of interestprocess from the community groups listed above and community members.Alternatively, a ‘head-hunting’ process may be undertaken to appointrepresentatives with suitable expertise, experience and knowledge asconsidered necessary for the Committee.

. Council staff and/or other guest speakers may attend Committee meetings atthe request of the Committee or the General Manager.

*“Residents” means any persons who are aged 16 years or over who live in Turners Beach.

*“Ratepayers” means any persons who are aged 16 years or over who are the owners of property inTurners Beach.

*“Tenants” means any persons who are aged 16 years or over who rent property in Turners Beach.

5 Committee meetings

. Meetings are to be held on a quarterly basis.

. Meetings are to be held in a regular venue, on a fixed day, e.g. first Tuesday,second Wednesday.

. Meeting day/times may be varied by agreement at a Committee meeting.

6 Discussion

. The Chairperson is to control the meeting by working through the agenda andfacilitating discussion.

. Adequate opportunities must be provided for members who wish to speak,allowing some discussion on any matter prior to a decision being made, butlimiting discussion where necessary if discussion takes too long so that themeeting is not dominated by a particular item or the meeting runs overtime.

. Keep discussion on unimportant items short, group related items for a singlediscussion and discuss major or important business first.

4

. Don’t allow the discussion to jump ahead or back, but keep to simple,problem-solving order. Try to keep to the topic at hand. This will keep themeeting on track.

. Encourage attendees to raise maintenance issues directly with the Council orvia a Service Request Form instead of including in minutes, especially urgentor dangerous issues that may cause harm.

7 Decisions

. A resolution is passed by a majority of votes taken by a show of hands.

. Only members of the Committee can vote.

. No quorum is required at a meeting as the function of the Committee is toprovide input into Council decision making.

. The Chairperson must ensure clarity regarding resolutions by either voting onspecific resolutions or recording consensus decisions made.

. The Chairperson must ensure that everyone understands what the decision is,especially the minute taker. It is good practice to stop and check that theminute taker has recorded the decision correctly and clarify the wording ifrequired.

. Items requiring further information or deliberations may be held over until thenext meeting. These items can be noted in the minutes as “deferred”.

8 Recording actions arising in the minutes

. The minute taker must ensure that all actions arising are recorded (NOTE: notall discussion needs to be recorded in the minutes).

. Only issues discussed at a Committee meeting can be included as a formalaction.

. Any allegations against individual Council staff members, Councillors orcommunity members must not be recorded in the minutes, but must be made

5

in writing to the General Manager. If a complaint cannot be submitted inwriting for any reason contact the General Manager by phone or in person.

9 Business allowed at Committee meetings

. The Committee will not consider matters of personal, private or party politicalnature.

. The Committee will make it clear in any correspondence to outside agenciesthat they are not expressing an official Council view.

. The Committee will operate with an awareness of their obligations to abide bydefamation and libel laws both in discussions at meetings and in the recordingof minutes. Derogatory references towards any person must not be madeeither verbally or in writing.

10 Distribution of minutes and agenda

. The typed minutes and agenda are to be posted/emailed to all members listedon the Committee mailing list.

11 Media protocol

. The Mayor and General Manager are the principal spokespersons for theCouncil. Members of the Committee shall not make statements to the media.

6

TURNERS BEACH COMMUNITYREPRESENTATIVES COMMITTEE

CHARTER

Responsibilities of the Council

The Committee can expect Council to:

. Listen to the issues raised in Committee meetings and respond promptly toaddress them where practicable.

. Consult directly with the Committee where a proposed project is a local areaproject within Turners Beach.

. Advise the precincts of any consultation the Council is undertaking.

. Respond promptly to individual complaints or maintenance issues raisedthrough Committee meetings.

. Treat all Committee members in accordance with the Council’s CustomerService Charter.

. Provide the Committee with a clear indication of decisions made in relation tomatters referred for consultation to the Committee and the considerationsthat informed the decision.

. Clearly indicate when the Council is providing information only to theCommittee (e.g. a decision has been made) and when the information is beingpresented in the form of consultation with the Committee prior to a decisionbeing made.

. Clearly indicate to the Committee who has decision making power in relationto issues, e.g. the Council, State Government.

. Make Council staff available to attend Committee meetings as required orrequested.

. Adhere to the Committee’s Charter.

7

Responsibilities of Committee

The Council can expect the Committee to:

. Provide timely feedback about proposals for local area projects.

. Clearly indicate whether feedback provided to the Council reflects the view ofa meeting or a personal opinion.

. Recognise that information provided by the Committee will be considered bythe Council along with other forms of input (e.g. from other groups, localresidents who do not attend Committee meetings, government departmentsetc.).

. Recognise that the Council is the decision making body and that decisionsmay or may not accord with the expressed wishes of the Committee.

. Seek the input of Council Departments and other relevant agencies beforeundertaking local area projects that may require ongoing maintenance or needto meet particular standards.

. Keep a focus on the broad range of roles of the Committee rather thanbecoming project groups with a narrow focus, in order to maintain interestamong a broad range of people.

. Treat Council staff with respect when they attend Committee meetings.

. Work collaboratively with other community groups and agencies to ensure abroad base of support from other groups in the community.

. Adhere to the Committee’s Charter.

Cradle Coast Waste Management Group - Annual Plan & Budget 2012/13 Page 2 of 13

DOCUMENT RECORD

Revision Issued To Date Reviewed Approved

1 CCWMG 11/06/2012 MD MG

2 CCWMG – meeting for review 18/06/2012 MG CCWMG

3 CCWMG - Final 25/06/2012 MG CCWMG


EXECUTIVE SUMMARY

The Cradle Coast Waste Management Strategy, 5 year strategy 2012 – 2017 was ratified in June 2012 by the Cradle Coast Waste Management Group (CCWMG) and the Councils participating in the voluntary waste levy. This Annual Plan details how the Strategy goals will be achieved in 2012/13 and their consistency with The Tasmanian Waste and Resource Management Strategy. The 2012/13 Annual Plan and Budget is based on the voluntary levy increasing from $2.00 per tonne to $5.00 per tonne on the 1st January 2013. Under this scenario $290,000 (plus carried over funds from 2011/12) would be available to the CCWMG in 2012/13 to implement the initiatives from the 5 year strategy. For each activity/project the CCWMG require a detailed “Scope of Works” to be provided which is reviewed prior to issuing approval to ensure project outcomes will be delivered to the group’s quality and cost expectations. In many projects the CCWMG work in collaboration with the Northern Tasmania Waste Management Group (NTWMG). Actions proposed for 2012/13 are below, and where the NTWMG will contribute financially that amount is indicated:

Ref # Action Budget NTWMG

4 Review 2011/12 household organics trial $30,000 Nil

5 Consult/communicate outcomes of household organics trial review $20,000 Nil

17 Investigate potential regional waste governance and management structures $20,000 Nil

36 Implement development application conditions to support waste minimisation Nil Nil

39 Controlled waste analysis for region $20,000 Nil

44 Household hazardous waste program investigation $10,000 $10,000

51 Employment opportunity through reuse and recycling activities $10,000 Nil

12 Develop a regional Pricing Policy and Implementation Plan $20,000 $20,000

14 Business adoption of regional Pricing Policy Nil Nil

19 Standardise data collection and reporting from landfills and transfer stations $20,000 $20,000

45 Implement household hazardous waste collection $40,000 $40,000

48 Develop a region waste communication/education plan $50,000 $50,000

Total $240,000 $140,000

The Cradle Coast Waste Management Group (CCWMG) is responsible for the implementation of the Strategy including the development and implementation of this Annual Plan.


CONTENTS

DOCUMENT RECORD ..................................................................................................... 2

EXECUTIVE SUMMARY ................................................................................................... 3

CONTENTS ....................................................................................................................... 4

1 INTRODUCTION ..................................................................................................... 5

1.1 Cradle Coast Region ...................................................................................................... 5

1.2 State Priority Issues ....................................................................................................... 5

1.3 Environment Protection and Heritage Council (EPHC) .................................................. 6

2 PROGRAMS FOR 2012/2013 ................................................................................. 6

2.1 Review household organics trial .................................................................................... 6

2.2 Consult/communicate outcomes of household organics trial review ............................. 7

2.3 Investigate potential regional waste governance and management structures ............. 7

2.4 Implement development application conditions to support waste minimisation............. 7

2.5 Controlled waste analysis for region .............................................................................. 7

2.6 Household hazardous waste program investigation ...................................................... 8

2.7 Employment opportunity through reuse and recycling activities .................................... 8

2.8 Develop a regional Pricing Policy and Implementation Plan ......................................... 8

2.9 Business adoption of regional Pricing Policy ................................................................. 8

2.10 Standardise data collection and reporting from landfills and transfer stations............... 9

2.11 Implement household hazardous waste collection ........................................................ 9

2.12 Develop a region waste communications/education plan ............................................ 10

2.13 Other ongoing activities ................................................................................................ 11

2.14 Project Management of the CCWMG Annual Plan and Budget projects ..................... 11

3 FINANCIAL ........................................................................................................... 12


1 INTRODUCTION

1.1 Cradle Coast Region

The Cradle Coast Authority, Cradle Coast Waste Management Strategy 2012 - 2017 was ratified in June 2012 by the Cradle Coast Council’s participating in the voluntary waste levy. This Annual Plan details how the four CCWMG goals and the interim waste diversion target will be achieved in 2012/13. The Strategy’s four goals are:

1. Waste diversion: Diversion of materials from landfill to increase resource recovery, extend the life of existing landfills and reduce greenhouse gas emissions from waste.

2. Regional planning & efficiencies: Provide regional planning and coordination of waste

infrastructure and services to provide improved resource recovery, delivering efficiencies and reducing costs of services/ waste infrastructure.

3. Partnerships: Maintain partnerships with government, planning authorities and the 3 waste regions to shape waste management policies and regulation to influence future regulatory requirements and to identify programs and infrastructure best delivered with a state-wide approach.

4. Community engagement: Work with the community and industry, through education and feedback, to take ownership of waste avoidance and reuse to improve the use of existing and future services.

The Strategy’s interim waste diversion target is:

By 2017 divert 50% of all Municipal Waste from all local government landfill facilities across the CCWMG region.

The Cradle Coast Waste Management Group (CCWMG) is responsible for the implementation of the Strategy including the development of this Annual Plan.

1.2 State Priority Issues

In June 2009 the Environment Division released The Tasmanian Waste and Resource Management Strategy (TWRMS), which contained the following six key objectives:

1. Improved partnerships, coordination and planning;

2. Waste avoidance and sustainable consumption;

3. Waste minimisation and resource recovery;

4. Improved regulation and management of residual waste;

5. Improved data collection and management systems; and

6. Reduction of greenhouse gas emissions.


Following the release of the TWRMS, the Waste Advisory Committee (WAC) was formed to facilitate the Strategy implementation and advise the Minister and EPA Board of relevant issues related to waste and resource recovery. The WAC has since identified four priority issues:

Priority 1 - Data collection for both general and controlled waste streams. Priority 2 - Funding initiatives to deliver The Tasmanian Waste and Resource Management Strategy. Priority 3 – Improve regulation enforcement. Priority 4 – Education.

This Plan has been designed to also assist the WAC to deliver the TWRMS.

1.3 Environment Protection and Heritage Council (EPHC)

The EPHC, comprising state ministers, have the following projects that may be relevant to council operations within 2012/13:

• Development of a national waste classification and data system;

• Development of a Regulatory Impact Statement for consideration of Container Deposit Legislation; and

• Introduction of an extended producer-responsibility scheme for televisions and

computers. The CCWMG will provide briefings and seek advice from participating councils as these projects develop.

2 PROGRAMS FOR 2012/2013

2.1 Review household organics trial

During 2011/12 a domestic organics collection trial was conducted on behalf of the CCWMG. The trial was conducted at Shearwater at approximately 250 households. A study will be conducted into the likely volumes of organics the region would produce in a domestic collection and the most economical and sustainable method of collection. Contamination levels and the cost to decontaminate from the 2011/12 trial will be ascertained. The study will review options for processing these organics and determine based on social, economic and environmental considerations whether the region should proceed with organics collection and processing.

Review 2011/12 household organics trial and conduct a study of the most sustainable method of organics collection and processing for the region.


2.2 Consult/communicate outcomes of household organics trial review

There has been considerable interest in the 2011/12 household organics trial from Councils and the general public. The outcomes of the review in item 2.1 will need to be clearly communicated to all stakeholders including any cost implications.

2.3 Investigate potential regional waste governance and management structures

CCWMG believes a rationalisation and central management of waste services for the region could provide significant savings and efficiencies. The likely introduction of a mandatory State-wide waste levy and other changes in the delivery of waste services are likely to lead to increased management requirements.

A model developed by the owner councils should aim to provide best practice in both governance and management to allow the region to best manage waste services into the future.

2.4 Implement development application conditions to support waste minimisation

With the recent development of regionally consistent planning schemes it is timely to produce standard planning conditions to promote effective waste management and resource recovery.

Existing systems in Australia will be reviewed and modified for local issues to assist Councils improve waste management practices in the commercial and industrial sector.

2.5 Controlled waste analysis for region

It is understood that two locations are being considered for the controlled waste facility – Port Latta or Copping. The region requires a full impact analysis to determine the cost and impacts on the transporting of waste to Copping if that is the preferred facility.

As the waste is primarily generated by industry, not local authorities, CCWMG require support from the Department to conduct this research and assist with controlled waste management.

Conduct community consultation on the outcomes of the household organics processing findings. (i.e. introduction, or not, of a food/garden organics collection)

Participate in and support an investigation of the potential options and models for a regional waste governance and management structure for the Cradle coast region.

As part of the review of interim planning schemes implement development application conditions for businesses to meet minimum waste management criteria.

In conjunction with the Department of Economic Development, Tourism and Arts conduct a controlled waste analysis for the region including an understanding of the quantity and sources of controlled waste, transport feasibility study and possible waste consolidation for transport.


2.6 Household hazardous waste program investigation

Review the existing household hazardous waste program and other methods of collection to determine the most effective and economical model of delivering this activity, including consideration of an EPR scheme and contacting the main generators of the waste to fund the collection for the regions.

2.7 Employment opportunity through reuse and recycling activities

The CCWMG will investigate means by which local employment and resource recovery can generate further employment for the region. This investigation may include the potential for opening region supported reuse centres (tip shops) and also resource recovery contracts which stipulate the employment of local staff as a requirement of the contract.

2.8 Develop a regional Pricing Policy and Implementation Plan

A regional Pricing Policy and Implementation Plan will be developed and will consider a reduced charge for recyclable materials and take into account any potential carbon pricing impacts for increased landfill gate fees and transport costs. There may be some cost transfer between facilities however the gate fees for the public will look fairly similar across the region.

This project will be undertaken in collaboration with the Northern Tasmania Waste Management Group (NTWMG) who is contributing an additional $20,000.

2.9 Business adoption of regional Pricing Policy

Provide details to local waste management industry representatives on the approach CCWMG is taking to improve recycling in the region and encourage industry to carry out similar approaches to ensure both consistency and increased diversion.

Investigate the different models for household hazardous waste collection.

Determine opportunities to increase employment through reuse and recycling activities.

Develop a Regional Pricing Policy & Implementation Plan that incentivises source separation and waste diversion and understand the impacts of the proposed changes.

Work with local waste management companies regarding the regional pricing policy and encourage them to adopt a similar approach with their customers to incentivise source

separation.


2.10 Standardise data collection and reporting from landfills and transfer stations

Transfer stations in the CCWMG currently have no requirement for the capture and reporting of waste acceptance data. As such there is a considerable quantity of waste which is lost to informal landfilling at these sites instead of being transported to a formal landfill. A regionally consistent system of data capture and reporting will not only ensure the ability of the CCWMG to monitor its waste diversion rates against targets, but will also identify sites of waste loss where site improvements in accordance with the best practice transfer station guidelines can be made.


2.11 Implement household hazardous waste collection

Following the review in item 2.6, work collaboratively with the NTWMG (who are contributing an additional $50,000) to implement the preferred program in accordance with item 2.6.

Support the introduction of the preferred household hazardous waste collection program from item 2.6.

Review data collection procedures and reporting from landfills and develop a standardised reporting system to be rolled out across all landfills and transfer stations for annual reporting to

the CCWMG.


2.12 Develop a region waste communications/education plan

Consistent branding and messaging improves community awareness. Savings in print, design and promotion costs can be made through regional initiatives. It is proposed that a communications plan is developed by a consultant and a staff member is engaged part time in the region to deliver the proposed actions. The funding for this initiative includes some resources as well as wages for staff member. The communications plan could include an annual competition related to resource recovery with high profile branding and advertising as a spring board for additional education programs.

Implementation of item 2.12 will deliver the following:

• Develop, maintain and update of a waste website quarterly; • Develop waste tours and DVD for use by schools and community; • Garden/food waste campaign branding (consistent with part of the bigger picture

campaign); • Action plans to improve recycling recovery and contamination reduction; • Consistent branding and signage at waste facilities as part of regional pricing policy; • Installation of illegal dumping signage; • Expansion of waste photo library for use by waste educators and schools; • Promotion of sustainable consumption behaviours and purchasing decisions and

ways to avoid waste; • Free community workshops on waste reduction and recycling; and • Review information on all individual council websites and improve waste services

information provided, at a minimum link to the CCWMG website.


Develop and implement a communications/education plan for the region including detailed actions for waste reduction, organics, recycling, consistent signage, illegal dumping, schools

and community education.


2.13 Other ongoing activities

The CCWMG undertake many additional functions, and although they may not be projects in their own right, by actively participating as needed many benefits flow onto the region. These additional activities include, but are not limited to:

• Foster networks and support other regional waste groups, industry and government contacts in the waste field;

• Investigate relevant funding opportunities; • Encourage waste management to be an integral part of all local settlement strategies

and state infrastructure and development projects; • Support the development of a strategic controlled waste facility for the state; • Work with Industry, Local and State Government to maximise waste recovery and

treatment of existing and emerging priority wastes; • Work with Industry to monitor, communicate and improve recycling contamination; • Prepare regional responses to Industry, State and Federal matters; • Auditing and inventorying biomass within the region; • Provide representation on the Waste Advisory Committee (WAC); • Preparation of the CCWMG Annual Plan and Budget; and • Preparation of the CCWMG Annual Report.

2.14 Project Management of the CCWMG Annual Plan and Budget projects

Dulverton Waste Management manages the region’s largest landfill and organics recycling facility, accepting waste from throughout the entire state. Of note, DMW implemented and administer the regional kerbside recyclable collection and green waste mulching contracts.

For a management fee, DWM provide the following services:

• Provide waste expertise and project delivery services to the CCWMG; • Administer the regional kerbside recyclable collection contract; • Foster networks and support other regional waste groups, industry and government

contacts in the waste field; • Preparation of the CCWMG Annual Plan and Budget; • Preparation of the CCWMG Annual Report; • Provide support to the Waste Advisory Committee representative as required; and • Prepare regional responses to Industry, State and Federal matters.

The CCWMG is also involved in numerous other activities of an ongoing nature.

Dulverton Waste Management (DMW) provides waste expertise and project delivery services to the CCWMG. They are largely responsible for the delivery of the initiatives detailed in this

Annual Plan and Budget.


3 FINANCIAL

The forecast 30/06/2012 closing balance of the Cradle Coast Authority managed Regional Waste Management Levy account is $35,972.

Forecast 2011/12 Closing Balance

Regional Waste Management Levy

Income carry over from 2010/11 102,999

2011/12 levy funds 158,035

Total Income 261,034

Year to date expenditure (31/05/2012) 127,339

Additional forecast 2011/12 expenditure 97,723

Total Expenditure 225,062

Closing Waste Management Levy account balance 35,972

The 2012/13 Annual Plan and budget is based on the voluntary levy increasing from $2.00 per tonne to $5.00 per tonne on the 1st January 2013. Under this scenario $290,000 would be available to the CCWMG in 2012/13 to implement the initiatives from the 5 year strategy. The costs of activities identified in Section 2 are summarised below in Table 3.1.


Table 3.1 - Activity Estimates for 2011/12

Ref # Action Budget NTWMG

4 Review 2011/12 household organics trial $30,000 Nil

5 Consult/communicate outcomes of household organics trial review $20,000 Nil

17 Investigate potential regional waste governance and management structures $20,000 Nil

36 Implement development application conditions to support waste minimisation Nil Nil

39 Controlled waste analysis for region $20,000 Nil

44 Household hazardous waste program investigation $10,000 $10,000

51 Employment opportunity through reuse and recycling activities $10,000 Nil

12 Develop a regional Pricing Policy and Implementation Plan $20,000 $20,000

14 Business adoption of regional Pricing Policy Nil Nil

19 Standardise data collection and reporting from landfills and transfer stations $20,000 $20,000

45 Implement household hazardous waste collection $40,000 $40,000

48 Develop a region waste communication/education plan $50,000 $50,000

Total $240,000 $140,000

An allowance for Project management, administration and staffing is also made:

Ref # Action Budget

Project management, administration and staffing $60,000

Total $60,000

StatusTask Name Budget Notes

CAPITAL WORKS PROGRAMME 2012�13 $6,449,000

Strategic Projects $1,085,000

Penguin Athletics Centre � Track Reseal $520,000

Penguin Athletics Centre � Seating/Op Centre Upgrades $105,000

Ulverstone Wharf Redevelopment � Hardstand $310,000

Ulverstone Wharf Redevelopment � Pontoon $150,000

Property Management $410,000

EUIE � Export Drive $10,000 Maintenance Period

EUIE � Stage 2 $350,000 Drainage Upgrade

Knights Road Subdivision Completion $10,000 Maintenance Period

Russell Avenue Subdivision Completion $40,000 Maintenance Period / Footpath

Works Depot $85,000

Depot Office (Heat Pump) $5,000

Depot Buildings � Painting $10,000

Perimeter Fencing (completion) $25,000

Seal Depot Yard (completion) $5,000

Washdown Bay � Stormwater interceptor $40,000 Upgrade Existing Facility

Emergency Services $200,000

Buttons Creek � Flood Resilience Program $60,000

Forth River � Flood Resilience Program $140,000

Roads � Urban Sealed $1,082,000

Railway Crossings $20,000 Vehicular & Pedestrian Upgrades

Crossover Pram Ramp Improvements $20,000 New & Upgrades

Traffic Management Safety Improvements $10,000 TMC / Requests

Crescent Street/Reibey Street/Kings Parade Intersection $92,000 Intersection Upgrade

Crescent Street Widening $250,000 Reibey St to Patrick St Rehabilitation

Leven Street Retaining Wall $30,000 East of Risby Street

Leighlands Avenue Rehabilitation $85,000 Pavement & Kerb Rehabilitation

Brandsema Street $100,000 Street Upgrade

Wongi Lane Bus Interchange $260,000 Reconfiguration to Accommodate Buses

Intersection Lighting $10,000 Lighting Upgrades as Required

Street Resealing $200,000

Roads � Rural Sealed $1,245,000

Penguin Road � Lonah Landslip $50,000 As Required

South Riana Road Rehab $250,000 Rehabilitation of Hill Section

Raymond Road � Landslip $10,000 As Required

Rockliffe Road Rehab $80,000 Embankment Stabilisation at Landslip

Gunns Plains Road $30,000 Culvert Upgrade

Braids Road $20,000 Culvert Upgrade

Traffic Management Improvements $5,000 TMC / Requests

Road Resealing $800,000

Footpaths $347,000

Wharf Road $200,000 Shared Pathway, Wharf to Dial Street

June 2012 July 2012 August 2012September 2012October 2012November 2012December 2012January 2013February 2013March 2013 April 2013 May 2013 June 2013

Task Progress

Works Programme 2012�2013 (Schedule indicates site construction only)

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Date: Fri 6/07/12 19


Crescent Street Lookout $92,000 Handrails & Signage

Airforce Park $40,000 Shared Pathway Link

Leighland School Rail Crossing $15,000 Upgrade Pedestrian Crossing

Bridges $380,000

Clayton Rivulet, Clerkes Plains Road $380,000 Replacement

Carparks $225,000

Ulverstone Wharf $200,000 Reconstruction

Drainage $205,000

SEP Upgrades $5,000 Installation & Upgrades

Amy Street Outfall $60,000 Outfall Improvements

Bowman Drive/Lancaster Avenue $40,000 Upgrade Existing Line

Lakin Street $15,000 Upgrade line at 27 Lakin St

Misc. Drainage $10,000

Extensions � Hogarth Road $10,000 Repair Manhole

Extensions � Trevor Street $15,000 Subdivision

South Road/Lyndara Drive $40,000 Upgrade Existing Line

Reibey Street Gross Pollutant Trap $10,000 Connection to Wharf Area

Household Garbage $60,000

CBD Bin Replacement/Relocation $10,000

Penguin Refuse Disposal Site � Site Monitoring $20,000

Penguin Refuse Disposal Site � Site Rehabilitation $0

RRC � Leachate Improvements $5,000

RRC � Site Development $10,000

RRC � Washdown Facility $10,000

South Riana Refuse Disposal Site � Development $5,000

Parks $204,000

Anzac Park Step Refurbishment $15,000

Playground Upgrades $29,000 Asset Provision from OS&RP

Fairway Park � Beach Road $10,000

"Flying Saucer" BBQ Conversion $0

Park Signage Upgrade $10,000

Penguin Foreshore Beach Access $35,000

Playground Renewals $20,000

Public Amenities $272,000

Apex Park Shelter Refurbishment $25,000

Bus Shelter � Renewals $17,000

Public Convenience Signage Upgrade $10,000

Shrine Of Remembrance � Clock Mechanism renewal $50,000

Toilet Furniture Upgrade $20,000

Ulverstone Surf Life Saving Club � Toilets $150,000

Cemeteries $75,000

Memorial Park � hut installation $5,000

Memorial Park � Memorial Garden extension $10,000


Task Progress


Page 2 of 3

Date: Fri 6/07/12 19


Memorial Park � seating $5,000

Memorial Park � new plinths $15,000

Memorial Park � Utility Shed Surrounds $10,000

Memorial Park � Watering Sytem $10,000

Penguin General Cemetery � Garden reconstruction $5,000

Penguin General Cemetery � Signage Upgrade $5,000

Ulverstone General Cemetery � Hut Installation $5,000

Ulverstone General Cemetery � seating $5,000

Administration Centre $60,000

Office Refurbishment (EHO) $60,000

Cultural Activities $10,000

Ulverstone History Museum � Storage $10,000

Housing $130,000

Aged Persons Home Units � Internal rehabilitation $50,000

Aged Persons Home Units � HWC renewal $15,000

Aged Persons Home Units � External rehabilitation $50,000

Aged Persons Home Units � Electrical replacements $15,000

Cultural Amenities $73,000

Civic Centre � Theatre projector/lighting desk $3,000

Civic Centre � Electrical Upgrade $60,000

Civic Centre � stage/dance floor refurbishment $10,000

Caravan Parks $50,000

Ulverstone Caravan Park � Electrical Upgrade $50,000

Swimming Pool and Waterslide $10,000

Waterslide � Column refurbishment $10,000

Active Recreation $109,000

Ulverstone Showgrounds � Community Precinct refurbishment $10,000

Ulverstone Showgrounds � grey water collection $30,000

Penguin Recreation Ground � southern net renewal $15,000

Ulverstone Recreation Ground � Lighting Upgrade $44,000

Ulvertone Showgrounds � re�lay soccer pitch $10,000

Recreation Centres $12,000

Electronic Backboard Winch $12,000

Visitor Information Services $60,000

Ulverstone Visitor Information Centre � Replace part of roof/dome$60,000

Child Care $60,000

Penguin Play Centre � weatherboard renewal $60,000

LEGEND $0

Not Started $0

Commenced (Construction or Preliminaries) $0

Complete $0

Deferred $0 Deferred


Task Progress


Page 3 of 3

Date: Fri 6/07/12 19

Date of Issue: December 2006 1 of 29 Revision No: 01Date for Review: July 2016

Note: If this document is a printed copy always check the electronic version to ensure it is up to date.

Table Of Contents1 INTRODUCTION .................................................................................................................32 DEFINITIONS.......................................................................................................................43 PURCHASING PRINCIPLES..................................................................................................5

3.1 OPEN AND EFFECTIVE COMPETITION ............................................................ 5

3.2 VALUE FOR MONEY ............................................................................. 6

3.3 ENHANCEMENT OF THE CAPABILITIES OF LOCAL BUSINESS AND INDUSTRY....................... 6

3.4 ETHICAL BEHAVIOUR AND FAIR DEALING ........................................................ 7

4 ETHICS AND PROBITY .......................................................................................................74.1 ETHICS.......................................................................................... 7

4.2 PROBITY ........................................................................................ 7

4.3 PURCHASING CODE OF CONDUCT .............................................................. 8

5 MAKING THE PURCHASE ...................................................................................................85.1 PROCUREMENT OVERVIEW - PROCESSES ......................................................... 8

5.2 PLANNING THE PURCHASE ...................................................................... 9

5.3 PURCHASING DOCUMENTATION .............................................................. 105.3.1 Verbal Quotations (for purchases below $10,000 excluding GST) .... 10

Written Quotations (for purchases between $10,000 and $100,000excluding GST)................................................................... 10

5.3.3 Tenders (for purchases greater than $100,000 excluding GST) ....... 11

5.4 INVITING OFFERS ............................................................................. 135.4.1 Verbal Quotations ............................................................... 135.4.2 Written Quotations .............................................................. 135.4.3 Tenders ........................................................................... 14

5.5 COMMUNICATION WITH ALL POTENTIAL SUPPLIERS AND BIDDERS – CONTACT OFFICER....... 15

5.6 RECEIVING OFFERS............................................................................ 155.6.1 Verbal and Written Quotations ............................................... 155.6.2 Tenders ........................................................................... 16

5.7 EVALUATING OFFERS ......................................................................... 165.7.1 Verbal and Written Quotations ............................................... 165.7.2 Tenders ........................................................................... 17

5.8 TENDER REVIEW COMMITTEE ................................................................. 18

5.9 NOTIFICATION OF SUCCESSFUL AND UNSUCCESSFUL BIDDERS ................................. 19

5.10 DEBRIEFING UNSUCCESSFUL BIDDERS.......................................................... 19

5.11 CONTRACT MANAGEMENT ................................................................... 20

5.12 STANDING TENDERS .......................................................................... 21



5.13 MULTIPLE-USE REGISTER ...................................................................... 21

5.14 MULTIPLE-STAGE TENDERS.................................................................... 225.14.1 Process ............................................................................ 23

6 EXEMPTIONS.................................................................................................................... 257 COMPLAINTS PROCESS................................................................................................... 268 CONTRACT RENEWALS AND EXTENSIONS.................................................................... 27

8.1 CONTRACT RENEWALS........................................................................ 27

8.2 CONTRACT EXTENSION ....................................................................... 27

9 DISPOSALS ....................................................................................................................... 279.1 DISPOSALS LESS THAN $5,000 .............................................................. 27

9.2 DISPOSALS GREATER THAN $5,000.......................................................... 27

10 REPORTING...................................................................................................................... 2810.1 ANNUAL REPORT ............................................................................. 28

10.2 REPORTING TO COUNCIL ..................................................................... 28

11 COMMON USE CONTRACTS ........................................................................................... 28



1 IntroductionThe purpose of this Code for Tenders and Contracts (Code), is to provide a policy frameworkon best practice tendering and procurement methods in line with the legislativerequirements of the Local Government Act 1993 (the Act) and the Local Government(General) Regulations 2005 (the Regulations).

With this Code the Council aims to achieve the purchasing principles of:

. open and effective competition;

. value for money;

. enhancement of the capabilities of local business and industry; and

. ethical behaviour and fair dealing.

The Act requires every council to adopt a code relating to tenders and contracts by 1 January2006.

This Code:

. is consistent with the Act and the Regulations; and

. includes procedures and guidelines for any prescribed matter.

As a measure of accountability and transparency, the General Manager will:

. make a copy of this Code (and any amendments) available for public inspection at thepublic office during ordinary office hours;

. make copies of this Code available for purchase at a reasonable charge; and

. publish a copy of this Code on the Council’s website.

The Act and Regulations require the Council to invite tenders for any contract it intends toenter into for the supply or provision of goods or services valued at or above $100,000(excluding GST). In accordance with the Regulations, the Council will invite tenders by oneof the following means:

. an open tender process; (refer Sections 5.1 through to 5.12)

. a multiple-use register; or (refer Section 5.13)

. a multiple-stage tender (refer Section 5.14).

There are circumstances in which the Council is exempt from undertaking the aboveprocesses. These circumstances are described in Section 6.

For purchases under the $100,000 threshold, the Council, in accordance with theRegulations, has decided that a quotation process will be undertaken. The Council maychoose to grant an exemption from undertaking a quotation process where the samecircumstances exist for that of a tender described in Section 6.



The Council will not split a contract into two or more contracts for the primary purpose ofavoiding compliance with the requirement to publicly invite tenders.

2 DefinitionsBuilding Construction - the construction and refurbishment of buildings and residentialproperties, and associated maintenance (services and residential) and professional services(e.g. architects).

Code – refers to this Code for Tenders and Contracts which has been developed inaccordance with the requirements of the Local Government Act 1993 and the LocalGovernment (General) Regulations 2005.

Consultant - a person or organisation, external to the Council, engaged under a contract ona temporary basis to provide recommendations or high level specialist or professionaladvice to assist decision making by the Council. The consultant will be expected to exercisehis or her own skills and judgement independently of the Council. It is the advisory natureof the work that distinguishes a consultant from a contractor.

Contractor - a person or organisation, external to the Council, engaged under a contract forservice (other than as an employee) to provide specified services to the Council.

Contract - a contract is an obligation, such as an accepted offer, between competent partiesupon a legal consideration, to do, or abstain from doing, some act.

Expression of Interest (EOI) - an Expression of Interest may be used as a means ofexploring the market or to pre-qualify businesses to reduce the cost of tendering byrestricting the issue of formal tenders.

Industry Capability Network Tasmania (ICNTAS) - promotes Tasmanian industry throughimport replacement and opportunities for participation in major projects, governmentprocurement and commercial developments. For more information go towww.icntas.org.au.

Local Business - all businesses operating in the State, which have a permanent office orpresence in Tasmania and employ Tasmanian workers.

Multiple-stage purchasing - a process which allows for a preliminary assessment of themarket to be made in terms of the capabilities of potential suppliers and the goods andservices that are available to satisfy the requirement, before a final purchasing stage isundertaken.

Preferred supplier - a supplier that has satisfied the Council’s selection criteria and isapproved for the purchase of particular goods and services.

Procurement - the entire process by which all resources are obtained by an entity, includingplanning, design, standards determination, specification writing, selection of suppliers,financing, contract administration, disposals and other related functions.

Probity - probity is a risk management approach to ensuring procedural integrity.



Probity Adviser - a Probity Adviser provides advice on probity issues before and during theprocess of tendering and contracting to ensure the process is fair and in accordance withthe Council’s guidelines.

Public Tender - a tender where any business that can meet the requirements of the Requestfor Tender has the opportunity to bid.

Purchasing - the acquisition of goods or services.

Quotation - the bid submitted in response to a Request for Quotation from the Council.

Request for Quotation - either a verbal or written request for offers from businessescapable of providing a specified work, good or service.

Request for Tender - a document soliciting offers from businesses capable of providing aspecified work, good or service. Requests for Tender are usually advertised.

Standing Tender – a tender from which a single tenderer or multiple tenderers may becontracted for a specified period to provide specified goods or services during that periodwithout the need for a further tender process.

Tender - a proposal, bid or offer that is submitted in response to a Request for Tender fromthe Council.

Tender Box – the point of lodgement for tenders to ensure that the documentation is keptsecure until the tender period closes.

Tender Review Committee – a committee established to review the process used for allbuilding and construction and goods and services tenders over $100,000 (excluding GST).

Value for Money - achieving the desired outcomes at the best possible price.

Verbal Quotation - a verbal response to a request for a quotation.

Written Quotation - a written response to a request for a quotation.

3 Purchasing PrinciplesThis Code has been developed in order to have a transparent set of strategies andprocedures that the Council will follow in order to comply with the four purchasingprinciples as required in the Local Government (General) Regulations 2005. Below is a briefdefinition of each principle and what it means in practice to the Council.

3.1 Open and effective competitionOpen and effective competition – ensuring that the purchasing process is impartial, openand encourages competitive offers.

In practice this means that the Council will:

. use transparent and open purchasing processes so that potential contractors,suppliers and the public can have confidence in the outcomes;



. adequately test the market by applicable processes, e.g. by open tender or byseeking quotations;

. avoid biased specifications; and

. treat all suppliers consistently and equitably.

3.2 Value for moneyValue for money – achieving the desired outcome at the best possible price.

In practice this means that the Council will weigh up the benefits of each purchase againstthe costs of that purchase. In doing this it may take the following factors intoconsideration:

. Fitness for purpose;

. Maintenance and running costs over the lifetime of the product;

. The advantages of buying locally, e.g. shorter delivery times, local backup andservicing, and the availability of spare parts;

. The contribution to the achievement of other Council objectives such as industrydevelopment and employment creation;

. Quality assurance and perceived level of risk;

. The capacity of the supplier (e.g. managerial and technical abilities); and

. Disposal value.

3.3 Enhancement of the capabilities of local business and industryEnhancement of the capabilities of local business and industry – ensuring that localbusinesses that wish to do business with the Council are given the opportunity to do so.

In practice this means that the Council:

. will actively seek bids from local business, particularly from those which havepreviously requested the opportunity to quote;

. will for purchases less than $10,000 (excluding GST), seek at least one verbal quotefrom a local business. Exemptions may apply to items below $500 (excluding GST)- see table on pages 9/10;

. will, for purchases between $10,000 and $100,000 (excluding GST), seek at leastone written quote from a local business;

. will, for purchases greater than $100,000 (excluding GST), seek to get at least onetender from a local business; and

. may, where the market is unfamiliar and capacity is unknown, use a database ofTasmanian Businesses such as BIZTAS, to check local capability.



3.4 Ethical behaviour and fair dealingThis principle means that all purchasing is undertaken in a fair and unbiased way and in thebest interests of the Council.

In practice this means that the Council will:

. be fully accountable for the purchasing practices that it uses and the decisions itmakes;

. ensure that decisions are not influenced by self-interest or personal gain (i.e.declining gifts or other personal benefits from suppliers);

. identify and deal with conflicts of interest;

. maintain confidentiality; and

. ensure that all procurement is undertaken in accordance with the Council’s policies.

4 Ethics and Probity

4.1 EthicsThe Council will observe the following ethical standards when making purchasingtransactions:

. All business will be conducted in the best interests of the ratepayers, avoiding anysituation which may impinge, or might be deemed to impinge, on impartiality;

. All expenditure will be in accordance with the requirements of the LocalGovernment Act 1993 and the Local Government (General) Regulations 2005;

. All procurement activity will be undertaken without favour or prejudice and will aimto maximise value in all transactions;

. Confidentiality will be maintained in all dealings; and

. Acceptance of gifts, gratuities or any other benefits which may influence, or mightbe deemed to influence, equity or impartiality will not be permitted.

4.2 ProbityIn order to achieve probity, the Council will consider the following five probity principlesthroughout all stages of procurement and contracting processes to ensure success inachieving the best value for public money:

. Open competitive processes;

. Transparency of process;

. Identification and resolution of conflicts of interest;



. Accountability; and

. Monitoring and evaluating performance.

4.3 Purchasing Code of ConductThe following points make up the Council’s Purchasing Code of Conduct. The Council aimsto:

. ensure that all potential suppliers are provided with identical information uponwhich to base tenders and quotations and are given equal opportunity to meet therequirements;

. establish and maintain procedures to ensure that fair and equal consideration isgiven to all tenders and quotations received;

. promote honesty and equity in the treatment of all suppliers of goods and services;

. provide a prompt and courteous response to all reasonable requests for advice andinformation from potential or existing suppliers;

. promote fair and open competition and seek value for money for the Council andits local community;

. seek to minimise the cost to suppliers for participation in the procurement process;

. protect commercial-in-confidence information;

. satisfy accountability standards;

. establish processes that avoid situations where private interests of the Council’semployees may conflict with public/council duty and provide for the declaration ofany conflicts of interest that do arise; and

. provide a clear statement that soliciting or accepting remuneration or other benefitfrom a supplier for the discharge of official duties is not permitted and may beillegal.

5 Making the Purchase

5.1 Procurement overview - processesThe following procurement overview is provided to give a brief outline on the way in whichthe Council procures routine goods and services:

. Plan the purchase (which includes the selection of the most appropriate purchasingmethod);

. Prepare the relevant documents (e.g. quotation, tender or expression of interest);

. Invite and receive offers;



. Evaluate those offers;

. Advise the successful bidder and offer to debrief any unsuccessful bidders; and

. Manage any contract that has been implemented as a result of the procurement.

5.2 Planning the PurchaseDuring the planning phase of a purchase the following steps may be taken by the Council’sstaff:

. Any relevant approval to undertake a purchase is obtained;

. An estimate of the cost of the good or service is undertaken and available Councilfunding of such a purchase is confirmed and an appropriate method of purchasingis chosen;

. Market research and consultation is undertaken (e.g. what products are available onthe market and how many suppliers);

. The specifications shall where applicable, comply with the Workplace Health &Safety Act 1993 Section 14;

. The specification is defined and mandatory requirements are identified. Thespecification will usually be developed in consultation with relevant Councilstakeholders (useful resources during this phase may include previous or similarspecifications);

. The establishment of an “Tender Review Committee” (if required);

. The establishment of evaluation criteria and evaluation methodology (undertakenby “Tender Review Committee”);

. The development of a risk assessment and management plan;

. The commencement of a contract management plan; and

. If necessary, the engagement of a Probity Adviser.

There are three tendering and procurement thresholds that require different levels ofinvolvement in planning and executing the purchase. The following table refers to thethresholds and summarises what purchasing method the Council utilises based on the totaldollar value of the purchase.

Procurement Value Minimum Requirement

$10,000 and below(excluding GST)

Verbal QuotationsWhere possible, at least three verbal quotations will be obtained,of which the Council will seek at least one from a local business(if available).



Procurement Value Minimum Requirement

Exemption from obtaining verbal quotationsQuotations are not required for one-off purchases valued at $500or less that fall outside the Preferred Supplier Listing where itwould not be cost-effective to obtain verbal quotations.

Between $10,000 and$100,000 (excludingGST)

Written quotationsWhere possible, at least three written quotations will beobtained, of which the Council will seek at least one from a localbusiness (if available).

$100,000 and greater(excluding GST)

Any one of the following:Public Tender -. The tenders will be advertised in the Saturday edition of The

Advocate newspaper.. Each of the tenders will be advertised on the Council’s own

website.. The Council will seek at least one tender from a local

business (if available).

Multiple- Use Register (as Per 5.13)Multiple-stage Tender (as Per 5.14)

The Council will apply the above requirements to the purchase of all goods and services withthe exception of certain circumstances. The circumstances in which the above requirementsmay not be used are described under Section 6 - Exemptions.

5.3 Purchasing Documentation

5.3.1 Verbal Quotations (for purchases below $10,000 excluding GST)Central Coast Council will undertake most purchases below $10,000 on a verbal basis andas such there will not be any formal quotation documentation. However, the Council maychoose, for all but very low-value/low-risk purchases, to provide suppliers with a writtenspecification and request a written quotation.

5.3.2 Written Quotations (for purchases between $10,000 and$100,000 excluding GST)

The Request for Quotation (RFQ) is a document inviting offers from businesses to provide aspecified good or service. The Council’s quotation documents will include all terms andconditions of quotation, together with a clear description of the goods or services required,and the details of any applicable Council policies.



The complexity of the documentation will depend upon the nature and value of thepurchase. Generally, the RFQ documentation will consist of:

. Conditions of Quotation - The conditions set out the terms under which theCouncil will receive and evaluate offers. The conditions will usually include:

- the evaluation criteria and a brief outline of the evaluation methodology to beused;

- the closing date, time and place of lodgement;

- the Council’s contact details;

- pricing requirements (e.g. the price should exclude GST);

- relevant Council policies and principles;

- the entitlement of unsuccessful bidders to be debriefed; and

- information about the Council’s complaints process.

. Specification - The specification clearly, accurately and completely describes theessential requirements of the good or service being purchased. It is the basis of alloffers and is the foundation for the contract. The specification will usually includethe:

- functional requirements;

- performance requirements; and

- technical requirements.

5.3.3 Tenders (for purchases greater than $100,000 excluding GST)The Request for Tender (RFT) is a document inviting offers from businesses to provide aspecified good or service. The Council’s RFT documentation usually consists of four mainparts. These four parts are:

. Conditions of Tender - The Conditions of Tender set out the terms under whichthe Council will receive and evaluate tenders. The conditions will usually include:

- the evaluation criteria and a brief outline of the evaluation methodology to beused;

- the closing date, time and place of lodgement;

- the Council’s contact details;

- pricing requirements (e.g. the price should show GST separately);

- relevant Council policies and principles;

- the entitlement of unsuccessful bidders to be debriefed; and



- information on the Council’s complaints process.

. Specification - The specification clearly, accurately and completely describes theessential requirements of the goods or service being purchased. It is the basis ofall offers and is the foundation for the contract. The specification will usuallyinclude the:

- functional requirements;

- performance requirements; and

- technical requirements.

. Conditions of Contract - The Conditions of Contract contain the contractual termsdefining the obligations and rights of the parties concerned. Generally, contractsare used for all purchases over $100,000 (excluding GST), or where there arematerial risks involved.

. Tender Form - The Tender Form must be completed, signed and returned by thetenderer. It includes a declaration by the tenderer that: the tenderer agrees to theConditions of Tender; the information provided in the tender is accurate andcorrect; and the person signing the form is duly authorised to do so.

The Council, when preparing the tender documentation, will undertake the followingprocedures and processes:

. Prepare clear and concise tender documentation that includes all the terms andconditions of the planned purchase with a clear description of the goods or servicesrequired and details of any applicable Council policies;

. Prepare tenders that include details of the intended duration of the contract,including any extensions that are applicable to the contract;

. Prepare tenders that include details of the evaluation criteria (which are based onthe specifications), any weightings to be used in the assessment of bids and theevaluation methodology;

. Under no circumstances modify the evaluation criteria or methodology after therequest for tender has been released without advising all potential tenderers;

. Prepare specifications that do not restrict competition, reflect bias to any brand, oract as a barrier to the consideration of any alternatives;

. Provide advice and details of any briefing sessions to be held in relation to thepurchase;

. Provide details about the availability of debriefing sessions for unsuccessfulbidders;

. Provide details about the Council’s complaints process and include the contactdetails of the complaints officer;

. Prepare documentation that clearly specifies the Council’s contact details (includingContact Officer), closing time, date and place of lodgement;



. Prepare documentation that clearly states how and in what circumstances thepurchasing documentation can be altered, including the length of time given tobidders to prepare their submissions (which is to be at least 14 days from the dateon which the tender notice is published);

. Provide advice about the treatment of late submissions;

. Provide an indication if alternative bids will be considered; and

. Where applicable, documentation such as tenders will be cleared by the Council’slegal advisers and the General Manager before being issued.

5.4 Inviting Offers

5.4.1 Verbal QuotationsThe Council will follow the following procedures when inviting verbal quotations:

. provide each supplier with the same information and give each supplier the sameamount of time to prepare a quote; and

. seek at least one verbal quotation from a local business (if available).

5.4.2 Written QuotationsThe Council will follow the following procedures when inviting written quotations:

. Where possible, it will seek at least three written quotations of which one quotationwill be sought from a local business if available;

. In some cases, it may choose to advertise a quotation if advantageous to do so;

. It will directly send the invitation to quote to identified businesses (such asbusinesses that already provide the service and businesses identified during themarket research phase);

. Exemption from seeking quotations will only be granted by the General Manager incircumstances outlined under Section 6 Exemptions;

. It will issue the request for quotation documentation either by mail, facsimile oremail;

. When issuing a request for quotation to a business, the details of that business willbe recorded. The details recorded will include: name of business; address; contactperson; email; telephone; and facsimile; and

. The time it provides to bidders to respond to the request for quotation will dependlargely upon the nature and the complexity of the purchase, but equal time will begiven to all businesses requested to quote.



5.4.3 TendersThe Council will do the following in respect of inviting tenders:

. For tenders, it will advertise each tender, at a minimum, in the Saturday edition ofThe Advocate newspaper, and on the website at www.centralcoast.tas.gov.au. Thefollowing information will be specified:

- The nature of the goods or services the Council requires;

- Any identification details allocated to the contract;

- Where the tender is to be lodged;

- Particulars identifying a person from whom more detailed information relatingto the tender may be obtained; and

- The period within which the tender is to be lodged.

. The tender documentation will either be made available via mail, email, facsimile orelectronically available from the Council’s website at www.centralcoast.tas.gov.au.(Any electronic or online tendering process undertaken by the Council will be inaccordance with the requirements of the Electronic Transactions Act 2000);

. It may send tender documentation directly to identified businesses, however, it willnot provide any documentation to any potential tenderer until the tender has beenadvertised (so as not to give one tenderer an advantage over another);

. It will endeavour to get a minimum of three bids of which it will seek at least onefrom a local business if available;

. In accordance with its Purchasing Code of Conduct it will ensure that all potentialsuppliers are provided with identical information upon which to base tenders andare given equal opportunity to meet the requirements;

. When inviting tenders it will ensure that sufficient time has been provided to allowbidders to prepare an adequate response. At a minimum tenders will be open for14 days. However, this may increase, dependent on whether the requirements arecomplex, or if it is likely that interested businesses may need to formpartnerships/consortiums with other businesses in order to fulfil the requirementsof the tender;

. When issuing a RFT to a business, the details of that business will be recorded. Thedetails recorded will include: name of business; address; contact person; email;telephone; and facsimile.

. If for any reason, there is a need to alter the tender documentation once it has beenissued, an addendum will be sent to all businesses that have been issued with thatdocumentation; and

. If it is necessary to extend the closing date of the tender, the following will bedone:



- All businesses that have been issued with tender documentation will beadvised in writing of the change in closing date; and

- The new closing date will be advertised in all newspapers and websites wherethe original advertisement was placed.

5.5 Communication with all potential suppliers and bidders – ContactOfficer

In accordance with the Council’s Purchasing Code of Conduct and the Purchasing Principlesthe Council will do the following in respect of communication with all potential suppliersand bidders:

. Nominate one Contact Officer for each purchasing activity and clearly specify theirname, contact details (including phone number and mailing address) so thattenderers know who to contact for more information (one person only for probityreasons);

. The Contact Officer will be the sole point of communication with potential suppliersand bidders and will document any questions asked of them by a potential supplieror bidder and any response given;

. Where possible, the Contact Officer will request that questions from potentialsuppliers and bidders be put in writing (email or facsimile will suffice). Anyresponse from the Contact Officer will also be provided in writing;

. Where possible, the Contact Officer will limit the provision of information to theclarification of procedural issues; and

. Any additional information provided to one prospective tenderer will also beprovided to everyone else who has requested or received tender documentation.

5.6 Receiving Offers

5.6.1 Verbal and Written QuotationsIn receiving quotations, the Council will hold any written or verbal quotation received priorto the closing time in a secure location to maintain confidentiality, to ensure probity and toprotect the individuals involved from claims of unfair practices.

Depending upon the nature and value of the purchase, the Council may from time to timechoose to use a tender box as a point of lodgement for written quotations, to ensure thatthe documentation is kept secure until the tender period closes.

All quotations that the Council receives will be clearly marked with the time and date ofreceipt, and recorded in an appropriate schedule or register.

The Council treats information provided by suppliers as confidential and will not providethis information to unauthorised persons.



For written quotations, the Council will follow the procedures set out in the conditions ofquotations for any late quotations and, by accepting a late quotation, the council will ensurethat it is not providing an advantage to that bidder over other bidders.

5.6.2 TendersThe Council will provide a locked tender box at the designated tender lodgement location.The tender box will not be opened until the time set for the closing of tenders has elapsed.

The Council treats information provided by suppliers as confidential and will not providethis information to unauthorised persons. The Council may in some cases notify alltenderers of prices tendered prior to a decision being made.

In receiving tenders, the Council may reject non-compliant offers (in accordance with theterms of the tender documents) which:

. are lodged after the closing time without a valid reason;

. are not signed where required;

. are incomplete – e.g. questions have not been answered, pages are missing, orrequired documentation has not been attached (e.g. insurance certificates);

. do not comply with mandatory conditions of tender; or

. fail to meet mandatory specifications.

When opening tenders the Council will ensure that tenders are:

. opened in the presence of a minimum of two officers; and

. clearly identified and recorded.

The Council will follow the procedures set out in the conditions of tender for any late tendersubmissions and by accepting a late tender, we will ensure that we are not providing anadvantage to that bidder over other bidders.

5.7 Evaluating Offers

5.7.1 Verbal and Written QuotationsCentral Coast Council when evaluating verbal and written quotations does so with theobjective of identifying the offer that best meets the requirements and provides the bestvalue for money. When evaluating quotations it takes into consideration the followingaspects of a bid:

. Value for money, taking into account estimated life, disposal value andmaintenance requirements and costs;

. Price;



. Compliance with quotation specifications;

. Quality, delivery and service;

. The full benefits of sourcing locally;

. The consequences, including possible risks, of entering into a contract where thereis one supplier, or a limited number of suppliers, that can provide and maintain theparticular product over its lifetime; and

. Any relevant Council policies.

5.7.2 TendersThe Council will evaluate tenders in accordance with the evaluation criteria and methodologyspecified in the evaluation plan, which was developed prior to offers being invited. Underno circumstances will the Council modify the evaluation criteria or methodology after theRFT has been released unless all potential tenderers are advised of the change in writing.

In evaluating tenders the Council will undertake the following steps:

. Evaluate compliance - Screen all offers to ensure that they are complete andcomply with all mandatory evaluation criteria. Offers which do not meet allmandatory criteria may be excluded from further evaluation. Non-compliant offersinclude those that:

- are lodged after the closing time without a valid reason;

- are not signed where required;

- are incomplete - e.g. questions have not been answered, pages are missing,or required documentation has not been attached (e.g. insurance certificates);

- do not comply with mandatory conditions of tender; or

- fail to meet mandatory specifications.

. Clarify offers - It may be necessary to seek clarification from a tenderer if an offeris unclear. Clarification does not mean that tenderers can revise their original offer.Any clarification sought should be documented.

. Evaluate qualitative/non-cost criteria - This stage involves a detailed analysis ofeach offer against the non-cost or qualitative evaluation criteria and weightingsspecified in the evaluation plan (the supplier must demonstrate that they meet theevaluation criteria, not just assert it).

. Short-list offers - This step is only used for complex purchases in order toeliminate offers that are clearly not competitive. However, during this process,eliminated offers are not yet totally rejected, and may be re-visited later in theevaluation process.

. Requests for Tenderers to make a formal presentation - If appropriate, andtenderers have been forewarned in the Conditions of Tender, tenderers may be



requested to make a formal presentation to the Tender Review Committee,clarifying their tender and providing the opportunity for the Tender ReviewCommittee to ask questions. Under these circumstances, the tenderer will bedirected to not introduce new or revised information. All information, questionsand answers will be formally recorded by the Council.

. Calculate value for money and compare offers - The aim of the Council’scomparative evaluation process is to determine which offer best meets all therequirements of the specification and offers the best value for money. The majorfactors which the Council takes into consideration when evaluating value for moneyare:

- the quality of the proposed good or service, i.e., how well it meets thespecified requirements; vs

- whole of life costs; vs- risk, i.e., the capacity of the tenderer to deliver the good or service, as

specified, on time and on budget.

. Select preferred tenderer – When selecting the offer that represents the best valuefor money for the Council and where two or more firms are ranked equallyfollowing the value for money assessment, the Council will give preference to aTasmanian business over an interstate or overseas businesses. In selecting apreferred tenderer for a high risk/high value or complex process, the Council willoften undertake a due diligence investigation to ensure that the tenderer has thecapacity and stability to fulfil all of the requirements of the contract.

. Write the evaluation report - On completion of the evaluation process the Councilwill document the selection of a successful tenderer in an evaluation report to besubmitted by the relevant Director to obtain approval of the Council. The Council’sevaluation reports include:

- a comprehensive record of the evaluation method, the rationale used toselect the preferred supplier, and whether it is recommended thatnegotiations should be undertaken, and on what basis; and

- reasons for overlooking lower priced tenders.

5.8 Tender Review CommitteeA Tender Review Committee may be established by the Council to review the purchase/leaseof all goods and services over $100,000 (excluding GST), prior to the awarding of contracts,to ensure that the Council’s procurement policies are adhered to.

The Tender Review Committee will usually consist of up to four members who include aChairperson, Secretary and two persons who are knowledgeable of the Council’sprocurement policies.

The Tender Review Committee will usually review and consider the following aspects of atender:

. The tender and evaluation process adopted;

. The final tender evaluation report, signed by the relevant Director;



. Critical dates (e.g. when the contract is to start, when the current contract is due toexpire, critical project milestones, expenditure constraints etc.);

. Any other relevant issues or information, such as a Probity Adviser's report; and

. A certification by the officer responsible for managing the tender process, verifyingconformity with relevant Council policies and guidelines.

On completion of its evaluation, the Tender Review Committee will report to the relevantDirector to obtain approval of the Council.

5.9 Notification of successful and unsuccessful biddersOnce the preferred bidder is selected and all relevant Council approvals to proceed with thepurchase have been granted, the Council will write and (in most cases) telephone thepreferred bidder to notify them that they have been successful. After the preferred bidderhas been notified, the Council will notify all unsuccessful bidders in writing of theirnon-selection.

The Council will advise the unsuccessful bidders in writing of:

. the tender outcome, including the contract number and title;

. the successful contractor;

. the term of the contract; and

. the total contract price for the term of the contract.

Details of tenders awarded will be displayed on the Council’s public notice board and on itswebsite for a period of not less than 14 days.

All unsuccessful bidders will be offered a debriefing session.

5.10 Debriefing unsuccessful biddersThe purpose of the debriefing session is to help unsuccessful tenderers submit morecompetitive bids in future by identifying ways in which the tenderer's offer could beimproved.

The Council will provide a debriefing interview to any unsuccessful bidder who requests one.At this interview the unsuccessful bidder will be briefed as follows:

. how their offer performed with respect to the evaluation criteria; and

. strengths as well as weaknesses of their offer.

During this interview, the following will not happen:

. Comparisons between the unsuccessful tenderer's offer and the winning, or anyother, offer; or



. The debriefing interview being used to justify the selection of the successfultenderer.

The Council will document the proceedings at each debriefing interview, including:

. who attended (from the Council and from the business concerned);

. the information provided to the unsuccessful tenderer;

. any issues arising;

. the details of any information that was requested, but not disclosed due tocommercial-in-confidence considerations; and

. any likely future complaints, and recommendations for further action.

Where a multiple-stage purchasing process is used (e.g. where Expressions of Interest areused to short-list tenderers) suppliers not short-listed may be offered a debriefing interview,in a similar way to unsuccessful tenderers.

5.11 Contract ManagementA contract defines the rights and obligations of both parties once the tender is awarded. Acontract is established when an offer is made and accepted. A contract comprises allrelevant information provided to and by the business which has made the successful offer.This includes:

. the conditions of tender;

. the specifications, including any plans and other attachments;

. the successful offer; and

. the conditions of contract.

A draft copy of the conditions of contract will usually be included in the Council’s originalRFT.

For complex or high value purchases it may be necessary for the Council to enter intonegotiations prior to finalising the contract in consultation with the Council’s legal advisers.The purpose of these negotiations is to:

. test the understandings and assumptions made by tenderers in determining theircosts;

. clarify and rectify any false assumptions; and

. achieve operational refinements and enhancements that may result in costreductions.

The outcomes of these negotiations will be reflected in the final contract and, oncecompleted and agreed, the formal contract is then signed by both parties.



A formal contract management plan is not required for all contracts, but the Council maydevelop contract management plans for contracts that involve large dollar amounts,complex technical requirements, or when the contract manager is responsible for managinga large number of contracts simultaneously.

5.12 Standing tendersFrom time to time the Council may utilise a standing tender in which one or more tenderersare contracted through an open tender process to provide specified goods or services over aperiod of time without the need for a further tender process.

The way in which a standing tender is established is the same as for an open tender processwhere the specification and description of the tender describe the intent of the standingcontract and the conditions of its use.

5.13 Multiple-use registerFor contracts valued at under $100,000 (excluding GST) from time to time the Council mayutilise a multiple-use register process to establish a register of suppliers that the Councilhas determined satisfy the conditions for participation in that register, and that the Councilintends to use more than once.

If it is determined that the Council will establish such a register, the General Manager willinvite expressions of interest from prospective applicants for inclusion on a register bypublishing at least once in a daily newspaper circulating in the municipal area a noticespecifying –

. a description of the goods and services, or categories thereof, for which the registermay be used;

. the name and address of the council and other information necessary to contractthe entity and obtain all relevant documents relating to the register; and

. any deadlines for submission of application for inclusion on the register.

. the General Manager will ensure that applicants are provided with the following inorder to make an application:

. details of the categories of goods or services required;

. the criteria for evaluating applications;

. the method of evaluating applications against the criteria;

. the conditions for participation to be satisfied by suppliers and the methods thatthe council will use to verify a supplier’s satisfaction of the conditions; and

. a reference to the Council’s Code for Tenders and Contracts.

The Council will advise all prospective tenderers of the results of their application includingall categories for which they are registered and the reasons for rejection or inclusion on theregister as soon as practicable.



When the Council wishes to use the register, the Council will invite all successful applicantsthat are registered for the relevant category to tender for the provision of the required goodor service.

The Council will review any established register at least once every two years.

The Council will allow a prospective applicant to apply for inclusion on a register oftenderers at any time, unless the prospective tenderer –

. has applied within the previous 12 months; and

. has not been accepted.

For contracts valued at over $100,000 (excluding GST), where the Council might wish toutilise a multiple-use register process, individual contracts will be let only after beingapproved by the Council.

The following table outlines the differences between a standing tender and a multiple-useregister:

Standing Tender Multiple-use register

. Outcome of a procurement process.

. Can purchase directly from successfultenderers.

. Successful tenderers selected followingevaluation.

. Size is set at conclusion of process

. Indicative or set price.

. Operates for a finite period.

. Re-opens at conclusion of period.

. Part of a procurement process.

. Basis for select tendering.

. Conditions for participation stated.

. Cannot limit size.

. No pricing.

. Can operate indefinitely.

. Open continuously or annually.

5.14 Multiple-stage tendersFrom time to time the Council may utilise a multiple-stage tendering process to:

. gain market knowledge and clarify the capability of suppliers (however, it will notbe used as a substitute for conducting market research);

. short-list qualified tenderers; and

. obtain industry input.

A multiple-stage purchasing process may be more costly and time-consuming for bothsuppliers and for the Council, and as such will usually only be used where:

. the best way to meet the requirement is unclear;

. it is considered appropriate to pre-qualify businesses and restrict the issue offormal tenders (to reduce the cost of tendering);



. there are benefits which cannot be obtained by researching the market throughconventional means; and

. maximum flexibility is required throughout the procurement process.

The multiple-stage processes that the Council may use are as follows:

. Expression of interest - an expression of interest (sometimes called a registrationof interest) is generally used to short-list potential suppliers before seeking detailedoffers. Suppliers are short-listed on their technical, managerial and financialcapacity, reducing the cost of tendering by restricting the issue of formal tenders tothose suppliers with demonstrated capacity.

. Request for proposal – may be used by the Council when a project or requirementhas been defined, but where an innovative or flexible solution is sought.

. Request for Tender- may be used by the Council when a project requirement hasbeen defined to solicit offers from businesses capable of providing a specifiedwork, good or service.

. Request for information – may be used at the planning stage of a project to assistwith defining the project. The Council will not issue a request for information toidentify or select suppliers.

. Closed tender process – may be used if the initial specification is well defined andan expression of interest or request for proposal has already been used to short-listsuppliers. Suppliers will be informed in advance that only those short-listed will berequested to tender.

The Council is mindful of the following aspects when conducting a multiple-stage tenderprocess:

. The same mandatory requirements regarding advertising and seeking at least onebid from a local business, that apply to a public tender process;

. That a short-listed party cannot be engaged without going through a more detailedsecond (tender) stage process unless approved by an absolute majority of theCouncil; and

. When using a request for information, issues relating to intellectual property andcopyright must be clarified prior to using the information provided to prepare theRequest for Tender.

5.14.1 ProcessThe General Manager will invite expressions of interest, and use the list of suppliers wholodge an application, as the basis for inviting potential suppliers to submit tenders.

The General Manager is to publish at least once in a daily newspaper circulating in themunicipal area a notice requesting any interested supplier to submit an expression of itsinterest to supply the goods or services required. The notice is to specify:

. the nature of the goods or services the Council requires;



. any identification details allocated to the contract;

. where the expression of interest is to be lodged;

. particulars identifying a person from whom more detailed information relating tothe tender may be obtained; and

. the period within which the expression of interest is to be lodged.

The General Manager will ensure that prospective tenderers are provided with the followingin order to lodge an expression of interest:

. details of the goods or services required;

. the criteria for evaluating expressions of interest;

. the method of evaluating expressions of interest against the criteria;

. details of any further stages in the tender process; and

. a reference to the council’s Code for Tenders and Contracts.

The General Manager will then arrange for an invitation to tender to be sent to all of thesuppliers that expressed an interest in providing the goods or services required unless ithas been stated specifically in the notice that the Council may limit the suppliers that it willinvite to participate.

Provided that the notice requesting expressions of interest states specifically that theCouncil may limit the suppliers it will invite to participate and the relevant requirements andevaluation criteria have been specified in the notice or associated documentation, theGeneral Manager, in determining the suppliers that will be invited to tender, may:

. in assessing the technical ability, assess the extent to which an application meetsthe technical performance specifications of the procurement; and

. limit the number of businesses that the Council invites to tender, based on itsrating of applications, provided that the largest number of potential suppliersselected, is consistent with an efficient tender process.

The General Manager will:

. ensure that the evaluation criteria that is used to make a decision at the first stageof the process (expression of interest), is consistent with the criteria to be used forthe second (tender) stage; and

. not directly engage a short-listed party without going through a more detailedsecond (tender) stage process unless approved by an absolute majority of theCouncil.



6 ExemptionsThe Local Government (General) Regulations 2005 provide that councils must publicly invitetenders for the purchase of goods and services with a value in excess of $100,000(excluding GST).

The Council is committed to:

. encouraging open and effective competition between suppliers with the objective ofobtaining value for money; and

. enhancing opportunities for local business.

As per the Regulations, the Council may not issue a tender or use a quotation process wherethe goods and services sought relate to:

“(a) an emergency if, in the opinion of the general manager, there isinsufficient time to invite tenders for the goods or services required in thatemergency;

(b) a contract for goods or services supplied or provided by, or obtainedthrough, an agency of a State or of the Commonwealth;

(c) a contract for goods or services supplied or provided by another council, asingle authority, a joint authority or the Local Government Association ofTasmania;

(d) a contract for goods or services in respect of which a council is exemptedunder another Act from the requirement to invite a tender;

(e) a contract for goods or services that is entered into at public auction;

(f) a contract for insurance entered into through a broker;

(g) a contract arising when a council is directed to acquire goods or servicesdue to a claim made under a contract of insurance;

(h) contract for goods or services if the council resolves by absolute majorityand states the reasons for the decision, that a satisfactory result would notbe achieved by inviting tenders because of –

(i) extenuating circumstances; or

(ii) remoteness of the locality; or

(iii) the unavailability of competitive or reliable tenderers;

(i) a contract of employment with a person as an employee of the council.”

Point (h) above may be applied for one or more of the following reasons:

. Where it can be established that there is only one supplier of a particular product orservice and there is no appropriate substitute available, or where alternative optionsare not viable or do not provide value for money;



. Where the original product or service has been selected through an open tenderprocess and the request for exemption relates to the proposed purchase of anupgrade or addition to the existing system, and there are limited supply options;

. The product is being trialled to assist in the evaluation of its performance prior to alarge scale purchase for which open tenders will be called;

. To assist in the development of a new product in conjunction with a private sectorbusiness;

. Where the cost to the Council and to suppliers would outweigh the value for moneybenefits of calling public tenders;

. Projects of genuine urgency (e.g. in the case of a natural disaster or similaremergency circumstances); or

. Other exceptional circumstances, where conclusive justification of the request isprovided.

Where an exemption has been granted on the basis of point (a) or (h) above, the Council willreport in the Council’s Annual Report the following details:

. a brief description of the reason for not inviting public tenders;

. a description of the goods or services acquired;

. the value of the goods or services acquired; and

. the name of the supplier.

7 Complaints ProcessTasmanian councils are provided with broad competency powers under the LocalGovernment Act 1993 to carry out the role of providing services to their communities.

The Act also includes accountability measures under which councils can be held responsibleto their communities for their actions and decisions.

The Council has a formal complaint process which can be used should you wish to make acomplaint about the Council’s purchasing and procurement process.

In the first instance, complainants are encouraged to seek resolution through the Director incharge of the relevant purchasing/tender process. If relevant, complainants are encouragedto seek a debriefing, if they have not already done so.

If a complainant is not satisfied with the response of the Director, the complainant is able towrite to the General Manager providing copies of all correspondence and other relevantmaterial. The General Manager will take whatever action is considered necessary to resolvethe complaint. In certain circumstances, the Council may employ a probity adviser toinvestigate the complaint.



8 Contract Renewals and Extensions

8.1 Contract RenewalsIn most cases, where the goods or services being delivered under the contract are requiredon an ongoing basis, the Council will undertake a new procurement process(tender/quotation) prior to the completion of the existing contract.

8.2 Contract extensionIn some circumstances, it may be desirable for the Council to extend an existing contract,rather than seek new tenders or quotations for the delivery of the goods or services.

Contracts will only be extended:

. by an absolute majority of the Council;

. following a full evaluation of the performance of the current contractor; and

. where the principles of open and effective competition are protected.

As a general rule, the Council will not extend contracts if:

. the original contract does not allow an extension;

. since the previous tender, the market has changed substantially; or

. the nature of the goods or services required has substantially changed.

9 DisposalsDisposals are to be conducted so that the best return to the Council is achieved. Disposal ofland will be made in accordance with Division 1 of Part 12 of the Local GovernmentAct 1993.

9.1 Disposals less than $5,000 (excluding GST)The Council will dispose of items with an estimated disposal value of less than $5,000 at thediscretion of the General Manager.

The Council will only dispose of items that cannot be reused or recycled and with nocommercial use or appreciable market value by dumping them at approved refuse sites orby destruction.

9.2 Disposals greater than $5,000 (excluding GST)The Council shall dispose of items with an estimated disposal value in excess of $5,000 byway of tender, public auction, or trade-in.



When disposing of items by tender the Council may choose to advertise the item fordisposal in specialist newspapers or journals, or in the appropriate classified section of thelocal daily newspaper (e.g. boats and marine section if disposing of a boat), if these aremore likely to attract appropriate interest.

10 Reporting

10.1 Annual ReportThe Council will publish in its Annual Report in relation to all contracts for the supply orprovision of goods or services valued at or above $100,000 (excluding GST), awarded orentered into in the financial year, including extensions granted:

. a description of the contract;

. the period of the contract;

. the periods of any options for extending the contract;

. the value of any tender awarded or, if a tender was not required, the value of thecontract excluding GST;

. the business name of the successful contractor; and

. the business address of the successful contractor.

Where an exemption has been granted from a tender process [refer Section 6, points (a) and(h)], the Council will report in the Council’s Annual Report the following details:

. a brief description of the reason for not inviting public tenders;

. a description of the goods or services acquired;

. the value of the goods or services acquired; and

. the name of the supplier.

10.2 Reporting to CouncilThe General Manager will report at each Council meeting any instance, since the previousmeeting, where a purchase of a good or service is made where a public tender or quotationprocess is not used.

11 Common Use Contracts

11.1 Department of Treasury and FinanceWhere the Department of Treasury and Finance has established whole-of-Governmentcontracts for the supply of goods or services to agencies and other authorised



organisations, the Council may choose to utilise the following whole-of-Governmentcontracts:

Contract Title

C106 Cartage – InterstateProvision of express freight services throughout Australia. This contractprovides government users with competitive rates for the following deliveryservices – next flight, overnight, 2 day economy, 3 day off-peak, prepaidsatchels and international document and parcel freight.

C141 Computer Software – MicrosoftThe contract is for the supply of Microsoft licenses through Open Governmentprogram (no minimum order size) and Enterprise Agreement program(minimum 250 licenses).

C150 Computer Hardware and Related ServicesProvision of computer hardware and related services via amanufacturer/reseller network.

P450 Petroleum ProductsProvision of motor spirit and automotive diesel either in bulk or via a fuelcard/reseller network, fuel oil, heating oil and kerosene.

V672 VehiclesProvision of a comprehensive range of passenger and light commercialvehicles.

V675Vehicles Hire and DriveThis contract covers the rental of passenger vehicles in Tasmania andthroughout Australia

Information on these contracts is available from the Department of Treasury and Finance’swebsite at www.purchasing.tas.gov.au.

11.2 Local BuyLocal Buy is the Local Government Association Queensland procurement service, establishedin 2001 to aggregate the buying power of local government authorities, shortenprocurement timeframes and streamline interactions between business and localgovernment without the time consuming and administrative burden of following the LocalGovernment Act and Regulations requirements for seeking tenders or quotes. The system isavailable through the Local Government Association of Tasmania for purchases across adiverse range of goods and services from Local Buy contracted suppliers.

CONFIRMATION OF MINUTES OF THE COUNCIL

Documents

Transcript of CONFIRMATION OF MINUTES OF THE COUNCIL