Memorandum by the Chief Executive Officer
To Council:
On 25 March 2020, the Office of Local
Government advised that councils should review their delegations as a matter of
urgency, due to the escalation of the Covid-19 pandemic, to ensure decisions
could be made quickly in response to any developments outside of the normal
council meeting cycle.
On 6 April 2020, Council resolved to
temporarily amend the Delegations to the Lord Mayor dated 7 August 2017
and Delegations to the Chief Executive Officer dated 7 August 2017 to
ensure the continuity of essential services to the community, the work health
and safety of City employees and councillors, and for the purposes of ensuring
public safety. The amendments were approved on the provision that they be reviewed
no later than three months after being made.
Due to the gradual easing of Covid-19
restrictions and the development and ongoing implementation of Covid-19
recovery plans at the City, it is recommended that the current temporary
Delegations 27 and 27A of the Delegations to the Lord Mayor be revoked
and the previous delegations be reinstated and that Delegations 5 and 6 of the Delegations
to the Chief Executive Officer be amended and the previous delegations be
reinstated.
The Chief Executive Officer awarded two
tenders using the emergency powers during their period of operation. These
tenders related to the provision to the City of gas supply services and managed
IT security services. Both were awarded to ensure continuity of essential
service delivery and reported in accordance with existing processes.
The Chief Executive Officer has also
exercised the delegation enabling the variation of existing grant agreements
responding to grant recipients' requests to vary the deliverables under their
grant agreements in response to the pandemic.
City staff have received 41 requests for
variations to allow grant recipients to vary their deliverables under existing
grant agreements to date. They agreed to 29 variations between 5 May and 22
June 2020 for a range of projects including 'Body Clock', a sculptural
installation and live performance at Carriageworks showcasing collaborations
between First Nations and non-Indigenous artists in NSW and 'Mercedes-Benz
Fashion Week', a trade platform for Australian Designers to connect with a
global audience of buyers, consumers and media.
City staff continue to receive requests for
contract variations for projects affected by the Covid-19 pandemic. Given the
ongoing uncertainty impacting on many grant recipients, it is recommended the
Chief Executive Officer's temporary delegation 15A allowing the Chief Executive
Officer to enter into any contracts or documentation to allow grant recipients
to vary their deliverables under existing grant agreements, be extended for a
further three months until 6 October 2020 to enable the continuing effective
administration and management of requests and provision of relief to affected
organisations and individuals in accordance with the Lord Mayoral Minute of 30
March 2020. This delegation will be automatically revoked on 6 October 2020
unless a further report seeking the extension is brought to Council prior to
that time.
Recommendation
It is resolved that:
(A)
Council
revoke Delegation 27 of the Delegations to the Lord Mayor as amended on 6 April
2020 and reinstate the previous Delegation 27 of the Delegations to the Lord
Mayor dated 7 August 2017, as shown in Attachment A to the subject Memorandum;
(B)
Council
revoke Delegation 27A of the Delegations to the Lord Mayor as inserted on 6
April 2020;
(C)
Council
reinstate the previous Delegation 5 of the Delegations to the Chief Executive
Officer dated 7 August 2017, by removing the reference to "$10
million" and replacing it with "$5 million", as shown in
Attachment A to the subject Memorandum;
(D)
Council
reinstate the previous Delegation 6 of the Delegations to the Chief Executive
Officer dated 7 August 2017, by removing the reference to "20% (up to a
limit of $10 million)" and replacing it with "10%", as shown in
Attachment A to the subject Memorandum; and
(E)
Council
extend the term of Delegation 15A of the Delegations to the Chief Executive
Officer in relation to entering into any contracts or documentation to allow
grant recipients to vary their deliverables under existing grant agreements to
6 October 2020, as shown in Attachment A to the subject Memorandum, after which
time it will be automatically revoked unless further extended by resolution of
Council.
MONICA BARONE
Chief Executive Officer
Attachments
Attachment
A Proposed Amendments to the Delegations to
the Lord Mayor and Chief Executive Officer
Moved by the Chair (the Lord Mayor), seconded
by Councillor Scully –
It is resolved that:
(A)
Council
revoke Delegation 27 of the Delegations to the Lord Mayor as amended on 6 April
2020 and reinstate the previous Delegation 27 of the Delegations to the Lord
Mayor dated 7 August 2017, as shown in Attachment A to the subject Memorandum;
(B)
Council
revoke Delegation 27A of the Delegations to the Lord Mayor as inserted on 6
April 2020;
(C)
Council
reinstate the previous Delegation 5 of the Delegations to the Chief Executive
Officer dated 7 August 2017, by removing the reference to "$10
million" and replacing it with "$5 million", as shown in
Attachment A to the subject Memorandum;
(D)
Council
reinstate the previous Delegation 6 of the Delegations to the Chief Executive
Officer dated 7 August 2017, by removing the reference to "20% (up to a
limit of $10 million)" and replacing it with "10%", as shown in
Attachment A to the subject Memorandum; and
(E)
Council
extend the term of Delegation 15A of the Delegations to the Chief Executive
Officer in relation to entering into any contracts or documentation to allow
grant recipients to vary their deliverables under existing grant agreements to
6 October 2020, as shown in Attachment A to the subject Memorandum, after which
time it will be automatically revoked unless further extended by resolution of
Council.
Carried unanimously.
S121631.057
Attachment A – Review of
Delegations to the Lord Mayor and Chief Executive Officer
Proposed Amendments
A. Delegations to the Lord Mayor - General
authority of Council during recesses
27.
to
exercise the powers, authorities, duties and functions of Council during the
period:
a)
commencing
at midnight on the day of the Council meeting held immediately before a recess
period as approved by Council; and
b)
ending
at the time of commencement of the first Committee meeting held immediately
after the end of a recess period as approved by Council,
provided:
c)
reports
or other business papers in a form similar to those normally submitted to
Council or a Council Committee are provided to the Lord Mayor and Councillors
at least three business days prior to the Lord Mayor exercising any powers,
authorities, duties and functions of Council under this delegation; and
d)
the
Lord Mayor does not receive written objections by three or more Councillors on
an item stating relevant reasons as to why the Lord Mayor should not exercise
any powers, authorities, duties and functions of Council in relation to that
item, under this delegation; and
e)
any
powers, authorities, duties and functions of Council exercised by the Lord
Mayor pursuant to this delegation are to be reported to Councillors on a weekly
basis in the CEO’s Update.
B. Delegations to the Chief Executive Officer
– Budget and Resource Allocation
5.
with
the prior consultation of the Chief Financial Officer, following a tender
process in accordance with the Local Government Act 1993 and relevant
regulations, approve entering into a contract involving an estimated
expenditure or receipt of an amount of $5 million or less;
6.
with
the prior consultation of the Lord Mayor, variation of any:
a. contract sum; or
b. contract contingency,
exceeding the amount approved by Council provided any such variations
are not cumulatively more than 10%;
C. Delegations to the Chief Executive
Officer – Variations to Existing Grants
15A. between
6 April 2020 and 6 October 2020, entering into any contracts or documentation
to allow grant recipients to vary their deliverables under existing grant
agreements;