It is resolved that:
(A)
Council approve an exemption from tender in accordance with
section 55(3)(i) of the Local Government Act 1993 for
the contract to Sydney Water Corporation for the operation and maintenance of
the Green Square Water Reuse Scheme (GSWRS);
(B)
Council note the reasons a satisfactory outcome would not
be achieved by inviting tenders is due to the following extenuating
circumstances:
(i)
operators of water infrastructure and suppliers of water in
NSW must hold relevant licences under the Water Industry Competition Act 2006
specific to the particular scheme, which take an estimated two years to obtain;
(ii)
Sydney Water Corporation is the current operator of the
Green Square Water Reuse Scheme and, as a nominated public water utility in the
Water Industry Competition Act 2006, is exempt from the requirement to obtain
licences for this scheme; and
(iii)
it is not possible to procure an alternative operator prior
to the exhaustion of the current total value, meaning the only other option is
to cease operating the scheme;
(C)
Council approve the variation to increase the total
contract value of the contract with Sydney Water Corporation for the operation
and maintenance of the Green Square Water Reuse Scheme, as detailed at
Confidential Attachment A to the subject report;
(D)
Council note that the revised total contract value for this
contract is outlined in Confidential Attachment A to the subject report; and
(E)
authority be delegated to the Chief Executive Officer to
finalise, execute and administer the variation to the contract to give effect
to the resolutions above.
Carried unanimously.
X094239.001