It is resolved that:
(A)
Council approve an exemption from tender in
accordance with section 55 (3)(i) of the Local
Government Act 1993 to extend the term of existing contracts for the management
of the City’s aquatic centres under the contract for the management of
Cook and Phillip Park, Ian Thorpe Aquatic Centre, Prince Alfred Park, Victoria
Park and Andrew (Boy) Charlton Pools; and the contract for Gunyama Park Aquatic
and Recreation Centre (GPARC), by reason of extenuating circumstances, noting
that a satisfactory result for the City would not be achieved by inviting
tenders at this time;
(B)
Council note the reasons that a satisfactory
result for the City would not be achieved by inviting tenders are:
(i)
the high levels of uncertainty and risk in the
market as a result of the ongoing Covid-19 pandemic will not result in value
for money; and
(ii)
due to the shorter elapsed time period since the
opening of Gunyama Park Aquatic and Recreation Centre, there is insufficient
commercial history to allow service providers to provide competitive responses
to a tender;
(C)
Council approve the variation of the contract
for the management of Cook and Phillip Park, Ian Thorpe Aquatic Centre, Prince
Alfred Park, Victoria Park and Andrew (Boy) Charlton Pools; and the contract
for Gunyama Park Aquatic and Recreation Centre (GPARC) to extend the terms of
both contracts by an additional two years with both contracts to expire on 31
March 2024;
(D)
Council approve a variation to the contract for
the management of Cook and Phillip Park, Ian Thorpe Aquatic Centre, Prince
Alfred Park, Victoria Park and Andrew (Boy) Charlton Pools to vary the
financial arrangements until performance returns to pre-Covid levels;
(E)
Council approve the additional funds in relation
to both contracts as outlined in Confidential Attachment A to the subject
report; and
(F)
authority be delegated to the Chief Executive
Officer to finalise negotiations and enter into any necessary documentation to
give effect to the clauses above.
Carried unanimously.
S100640.027