Home › Meetings › Governance and Transparency Committee — 2023-11-09
Governance and Transparency Committee — 2023-11-09
0 New Item (Committees) - Adojournment of meeting and recommencement of next meeting
Resolution: Moved by Mayor Teresa Harding:
Adjournment of meeting
RECOMMENDATION
Moved by Mayor Teresa Harding:
Seconded by Deputy Mayor Russell Milligan:
That this meeting be adjourned to 10 minutes after the conclusion of the Special Council meeting of 9 November 2023.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Madsen Nil
Milligan
Harding
Doyle
Kunzelmann
The motion was put and carried.
0 New Item (Committees) - Commencement of Next Committee Meeting
Resolution: Moved by Councillor Jacob Madsen:
Commencement of Next Committee Meeting
RECOMMENDATION
Moved by Councillor Jacob Madsen:
Seconded by Councillor Marnie Doyle:
That the Community, Culture, Arts and Sport Committee commence in
1 minute.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Madsen Nil
Milligan
Harding
Doyle
Kunzelmann
The motion was put and carried.
The meeting adjourned at 1.51 pm.
The meeting reconvened at 2.48 pm.
Acknowledgement of Country
Councillor Jacob Madsen (Chairperson) delivered the Acknowledgement of Country
DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA
Nil
BUSINESS OUTSTANDING
Nil
Confirmation of Minutes
1. Confirmation of Minutes of the Governance and Transparency Committee No. 2023(09) of 12 October 2023
RECOMMENDATION
Moved by Councillor Marnie Doyle:
Seconded by Councillor Kate Kunzelmann:
That the Minutes of the Governance and Transparency Committee held on 12 October 2023 be confirmed.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Madsen Nil
Milligan
Harding
Doyle
Kunzelmann
The motion was put and carried.
Officers’ Reports
2. Quarterly Report to the Department of State Development, Infrastructure, Local Government and Planning
Resolution: Moved by Councillor Kate Kunzelmann:
2. Quarterly Report to the Department of State Development, Infrastructure, Local Government and Planning
This is a report concerning a request from the Director-General, Department of State Development, Infrastructure, Local Government and Planning (DSDILGP) for Council to provide a series of quarterly performance reports.
This report represents the July to September 2023 quarter and is reflective of the scope requested by the Director-General in June 2022.
RECOMMENDATION
Moved by Councillor Kate Kunzelmann:
Seconded by Deputy Mayor Russell Milligan:
That the Committee endorse the draft letter to the Director-General, Department of State Development, Infrastructure, Local Government and Planning (DSDILGP) containing the quarterly update for July to September 2023 as set out in Attachment 1.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Madsen Nil
Milligan
Harding
Doyle
Kunzelmann
The motion was put and carried.
3. Proposed Acquisition of Land for INF04347, INF04378 and INF04907 - Spencer, Fitzroy and Maitland Streets, Churchill
Resolution: Moved by Deputy Mayor Russell Milligan:
3. Proposed Acquisition of Land for INF04347, INF04378 and INF04907 - Spencer, Fitzroy and Maitland Streets, Churchill
This is a report concerning the acquisition of land located at 27 Fitzroy Street, Churchill, described as Lot 84 on RP815439. The proposed acquisition will achieve safe turnaround within road for waste vehicles to extend Spencer, Fitzroy, and Maitland Streets Churchill along the western boundary of the property with the option to be considered to offer to purchase the whole property for the truck turnarounds and wider environmental values to the land.
RECOMMENDATION
Moved by Deputy Mayor Russell Milligan:
Seconded by Councillor Kate Kunzelmann:
A. That Council resolve to purchase land located at 27 Fitzroy Street, Churchill, more particularly described as Lot 84 on RP815439 (Council reference 5588) for environmental and road purposes.
B. That in the first instance the method of acquisition shall be as a purchase by agreement with the affected person/s pursuant to the Property Law Act 1974.
C. That should purchase by agreement fail, Council shall as “ constructing authority ” pursuant to Section 5(1)(b)(i) of the Acquisition of Land Act 1967 proceed to acquire the subject land at 27 Fitzroy Street, Churchill more particularly described as part of Lot 84 on RP815439 (Council file reference 5588), for road purposes.
D. That in the first instance, the method of acquiring part of Lot 84 on RP815439 will be by agreement with the affected person/s in accordance with Division 3, Acquisition of Land Act 1967 ; however, if agreement cannot be reached, or operational timeframes intervene, the method of acquiring part of Lot 84 on RP815439 will be in accordance with Division 2, Acquisition of Land Act 1967 .
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Madsen Nil
Milligan
Harding
Doyle
Kunzelmann
The motion was put and carried.
Mentions: Fitzroy Street · Churchill
4. Policies for Approval - Property Services Section
Resolution: Moved by Councillor Kate Kunzelmann:
4. Policies for Approval - Property Services Section
This is a report seeking approval to update seven (7) Property Services policies for property acquisitions, disposals and tenure of land that have reached their four (4) year life cycle and are due for review. Approval of the policies will ensure Council consistency, transparency, and good governance in all of its dealings with the community.
RECOMMENDATION
Moved by Councillor Kate Kunzelmann:
Seconded by Deputy Mayor Russell Milligan:
*** That the following seven (7) revised Property Services policies as outlined below and detailed in Attachments 1 – 21, be adopted:
Dividing Fence Policy
Early Property Acquisition Policy
Property Acquisition and Disposal Policy
Residential Tenancy of Council Properties Policy
Tenure of Telecommunications Infrastructure Policy
Tenure of Land for Agistment Purposes Policy
Tenure Over Council Property Policy
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Madsen Nil
Milligan
Harding
Doyle
Kunzelmann
The motion was put and carried.
5. Procurement: Contract 15709 CBD Admin Building Audio Visual Meeting Rooms - Increase to Approved Contract Value
Resolution: Moved by Mayor Teresa Harding:
5. Procurement: Contract 15709 CBD Admin Building Audio Visual Meeting Rooms - Increase to Approved Contract Value
This is a report seeking financial approval to increase the approved contract value of existing contractual arrangement 15709 for the design, supply, installation, integration and support of the audio-visual equipment for the Council and Meeting rooms at the 1 Nicholas Street (CBD Admin) building in anticipation of contract spend exceeding $2,000,000 excluding GST prior to the end of contract term.
RECOMMENDATION
Moved by Mayor Teresa Harding:
Seconded by Deputy Mayor Russell Milligan:
A. That the expected value of contractual arrangement 15709 with Advanced Video Integration Pty Ltd T/A Pro AV Solutions (QLD), for the supply, installation and maintenance of CBD Admin Building Audio Visual and ancillary related items be varied to amend the expected value from approximately $ 1,771,187.75 excluding GST to approximately $2,200,000 excluding GST over the entire term.
B. That pursuant to Section 257(1)(b) of the Local Government Act 2009 , Council resolve to delegate to the Chief Executive Officer the power to take “ contractual action” pursuant to section 238 of the Local Government Regulation 2012 , in order to implement Council’s decision .
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Madsen Nil
Milligan
Harding
Doyle
Kunzelmann
The motion was put and carried.
Mentions: Nicholas Street
6. Procurement: LG Hub Cloud Based Board Solution Renewal
Resolution: Moved by Mayor Teresa Harding:
6. Procurement: LG Hub Cloud Based Board Solution Renewal
This is a report seeking a resolution by Council to enter into a contractual arrangement with Task Exchange Pty Limited (Task Exchange) for the provision of the LG Hub Australian Cloud Package including licenses, support, and data storage for the term of the contract.
Council resolution is required as officers seek exemption under section 235(b) of the Local Government Regulation 2012 for the specialised services provided by Task Exchange as they are an operationally necessary product. The proprietary nature of the incumbent supplier’s product means that there is only one supplier who is reasonably available to provide the continued subscription to product. Further, the risk of changing supplier outweighs the potential benefit given the user base and timing, making it impractical and disadvantageous to Council to tender for other software products.
A resolution of Council is sought to enter into a contractual arrangement with Task Exchange for a term of one (1) year, with options for extension at the discretion of Council, of an additional two (2) X one (1) year terms for the licence, support and ancillary related items of this system. This is an estimated total cost of approximately one-hundred and twenty thousand dollars ($120,000) excluding GST for the full extended term of the contract.
RECOMMENDATION
Moved by Mayor Teresa Harding:
Seconded by Councillor Marnie Doyle:
A. That pursuant to Section 235(b) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies because of the specialised nature of the services that are sought and it would be impractical AND/OR disadvantageous to invite quotes OR tenders for the provision of LG Hub Cloud Based Board Solution .
B. That Council enter into a contractual arrangement (Council file reference number 23006 ) with Task Exchange Pty Ltd , at an approximate purchase price of $ 120,000.00 excluding GST over the entire term, being an initial term of one (1) year, with options for extension at the discretion of Council (as purchaser), of an additional two (2) X one (1) year terms .
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Madsen Nil
Milligan
Harding
Doyle
Kunzelmann
The motion was put and carried.
7. Procurement: 12D Model Software and 12D Synergy Licences, Maintenance and Support Renewals
Resolution: Moved by Councillor Kate Kunzelmann:
7. Procurement: 12D Model Software and 12D Synergy Licences, Maintenance and Support Renewals
This is a report seeking a resolution by Council to enter into contractual arrangements with 12D Solutions Pty Ltd (12D Solutions) and 12D Synergy Pty Ltd (12D Synergy) for the provision of the 12D Model and 12D Synergy surveying, engineering and construction software product subscriptions, support and ancillary related items.
This matter is required as officers seek Council resolution that the exception under section 235(a) of the Local Government Regulation 2012 applies as the proprietary nature of the supplier’s products means that the incumbent suppliers are the only suppliers reasonably available to continue the provision of these co-dependently configured key systems.
A resolution of Council is sought to enter into contractual arrangements with both suppliers for a term of up to five (5) years for the subscription, support and ancillary related items of these systems. This is an estimated total cost of approximately one-hundred and twenty-five thousand dollars ($125,000) excluding GST for proposed contract 22999 with 12D Solutions, and two-hundred thousand dollars ($200,000) excluding GST for proposed contract 23000 with 12D Synergy for the full extended term of the contracts.
RECOMMENDATION
Moved by Councillor Kate Kunzelmann:
Seconded by Deputy Mayor Russell Milligan:
A. That pursuant to Section 235(a) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies as it is satisfied that there is only one supplier who is reasonably available for the ongoing provision of the terrain modelling, surveying and civil engineering software subscription, support and ancillary related items provided by 12D Solutions Pty Ltd (12D Solutions).
B. That Council enter into a contractual arrangement (Council file reference 23000 ) with 12D Solutions for the terrain modelling, surveying and civil engineering software subscription, support and ancillary related items for a term of up to five (5) years as required at an approximate value of $125,000 + GST over the total term
C. That pursuant to Section 235(a) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies as it is satisfied that there is only one supplier who is reasonably available for the ongoing provision of the purpose-built engineering and construction data management and project collaboration software subscription, support and ancillary related items provided by 12D Synergy Pty Ltd (12D Synergy) .
D. That Council enter into a contractual arrangement (23000) with 12D Synergy for the engineering and construction data management and project collaboration software subscription, support and ancillary related items for a term of up to five (5) years as required at an approximate value of $200,000 + GST over the total term.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Madsen Nil
Milligan
Harding
Doyle
Kunzelmann
The motion was put and carried.
8. Procurement: Preventative Maintenance of Nicholas Street Precinct Parking Access System
Resolution: Moved by Councillor Marnie Doyle:
8. Procurement: Preventative Maintenance of Nicholas Street Precinct Parking Access System
This is a report recommending Council enter into a contract with SKIDATA Australasia Pty Ltd, as SKIDATA is the only supplier reasonably able to provide continued preventative maintenance of the existing proprietary carpark access system installed at Nicholas Street Precinct Public Car Park.
The Council is required to consider and resolve that the exception set out in section 235(b) of the Local Government Regulation 2012 applies due to SKIDATA carpark access systems proprietary nature. The cost of the arrangement is estimated to be $36,000 excluding GST per annum, for five (5) years to March 2029 for the estimated sum of $180,000 excluding GST.
RECOMMENDATION
Moved by Councillor Marnie Doyle:
Seconded by Mayor Teresa Harding:
A. That pursuant to Section 235(b) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies because of the specialised nature of the services that are sought and it would be impractical and disadvantageous to invite quotes OR tenders for the provision of preventative maintenance servicing of the SKIDATA parking equipment at Nicholas Street Precinct Carpark .
B. That Council enter into a contractual arrangement (Council file reference number 22981 ) with SKIDATA Australasia Pty Ltd , at an approximate purchase price of $ 180,000 excluding GST over the entire term, being an initial term of five (5) years.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Madsen Nil
Milligan
Harding
Doyle
Kunzelmann
The motion was put and carried.
Mentions: Nicholas Street
9. Procurement: Variation to Contract 20827 : HVAC Maintenance Services - Scheduled and Unscheduled
Resolution: Moved by Deputy Mayor Russell Milligan:
9. Procurement: Variation to Contract 20827 : HVAC Maintenance Services - Scheduled and Unscheduled
This is a report concerning a variation to contract 20827 for Heating Ventilation and Air-Conditioning (HVAC) Maintenance with Airmaster Corporation Pty Ltd to consolidate two separate contracts and include additional Nicholas Street Precinct (NSP) assets and 143 Brisbane Street. Variation of the current contract will:
· provide value for money by aggregating the spend for HVAC Maintenance under one contractual arrangement.
· reduce the administrative burden of managing multiple contracts in relation to contract management activities, records, meeting and follow ups.
· Ensure Council meets regulatory compliance in regard to all HVAC Maintenance at all Council assets.
The original estimated expenditure in August 2023 for the HVAC Maintenance contract 20827 was $1,774,532.79 excluding GST for a period of up to four (4) years (2+2). This expenditure covered all Council assets with the exception of NSP assets and 143 Brisbane Street. This report seeks approval to increase the estimated contract spend from $1,774,532.79 to $3,000,000.00 excluding GST, due to the inclusion of the additional NSP Assets and 143 Brisbane Street.
RECOMMENDATION
Moved by Deputy Mayor Russell Milligan:
Seconded by Councillor Kate Kunzelmann:
A. That the contractual arrangement (Council contract 20827 ) with Airmaster Corporation Pty Ltd (Supplier) for HVAC Maintenance be varied as follows:
(i) Consolidate two (2) separate contracts and include additional Nicholas Street Precinct (NSP) assets and 143 Brisbane Street ;
(ii) to amend the purchase price from $1,774,532 excluding GST to approximately $ 3,000,000.00 excluding GST over the entire term of 4 years (2+2);
B. That Council enter into a deed of variation with the Supplier to appropriately amend the existing contractual arrangement.
C. That pursuant to Section 257(1)(b) of the Local Government Act 2009 , Council resolve to delegate to the Chief Executive Officer the power to take “ contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Madsen Nil
Milligan
Harding
Doyle
Kunzelmann
The motion was put and carried.
Mentions: Brisbane Street · Nicholas Street
10. Procurement: Work Sites Traffic Management Platform
Resolution: Moved by Councillor Marnie Doyle:
10. Procurement: Work Sites Traffic Management Platform
This is a report seeking a resolution by Council to enter into a contract with supplier Asignit Pty Ltd (Asignit) for the provision of a traffic management alert subscription service that is currently at the end of a trial period for the real time notification of worksite and traffic plan data relating to the Local Government road network.
This matter is required as officers seek Council resolution that the exception under section 235(b) of the Local Government Regulation 2012 applies to the specialised services provided by these operationally necessary products. The proprietary nature of the supplier’s products means that there is only one supplier who is reasonably available to provide the required subscription to this product.
RECOMMENDATION
Moved by Councillor Marnie Doyle:
Seconded by Mayor Teresa Harding:
A. That pursuant to Section 235(b) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies because of the specialised nature of the services that are sought and it would be impractical and disadvantageous to invite quotes for the provision of a real time Work Sites Traffic Management Platform.
*** B. That Council enter into a contractual arrangement (Council file reference number 23015 ) with Asignit Pty Ltd , at an approximate purchase price of $ 250,000 excluding GST over the entire term, being an initial term of five (5) years, with options for extension at the discretion of Council (as purchaser), of an additional two (2) X one (1) year terms .
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Madsen Nil
Milligan
Harding
Doyle
Kunzelmann
The motion was put and carried.
11. Procurement: 22284 Intersection Upgrade - Mary and William St, Blackstone
Resolution: Moved by Mayor Teresa Harding:
11. Procurement: 22284 Intersection Upgrade - Mary and William St, Blackstone
This is a report concerning the recommendation to award Tender 22284 Intersection Upgrade – Mary and William St, Blackstone and to seek Council’s approval to enter into a contract with the nominated supplier as per confidential Attachment 1 to undertake the intersection upgrade at Mary and William St, Blackstone.
After an open market request for tender process, an evaluation panel has recommended one supplier for the intersection upgrade works as set out in Recommendation B below. The recommendation provides Council with a company located in an adjacent local government area. The recommendation has been determined by the evaluation panel to offer Council the best value for money.
If Council is satisfied with the nominated supplier, the name of the supplier will be included in the Council’s resolution at Recommendation B.
“The attachment/s to this report are confidential in accordance with section 254J(3)(g) of the Local Government Regulation 2012 .”
RECOMMENDATION
Moved by Mayor Teresa Harding:
Seconded by Councillor Marnie Doyle:
A. That pursuant to Section 228 of the Local Government Regulation 2012 (Regulation), Council award Tender No. 22284 Intersection Upgrade – Mary and William St, Blackstone.
B. That Council enter into a contractual arrangement with the Supplier identified in confidential Attachment 1 for the lump sum amount of five million one hundred and four thousand four hundred and eighty dollars ($5,104,480.00) excluding GST and the contingency amount as listed in confidential Attachment 1.
C. That pursuant to Section 257(1)(b) of the Local Government Act 2009 , Council resolve to delegate to the Chief Executive Officer the power to take “ contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.
D. That owing to the confidential nature of the recommendations, that once adopted by Council, the recommendations be made public.
***
AFFIRMATIVE NEGATIVE
Councillors: Councillors:
Madsen Nil
Milligan
Harding
Doyle
Kunzelmann
The motion was put and carried.
NOTICES OF MOTION
Nil
MATTERS ARISING
Nil
PROCEDURAL MOTIONS AND FORMAL MATTERS
The meeting commenced at 1.50 pm.
The meeting closed at 2.55 pm with the Community, Culture, Arts and Sport Committee to reconvene at 3.05 pm.
*** Refer to Council Ordinary Meeting of 23 November 2023 for amendments
Mentions: William Street · Blackstone
Source: Ipswich City Council meeting minutes (CC BY 4.0).