It is resolved that:
(A)
Council note that, because of extenuating
circumstances and the unavailability of competitive tenders, a satisfactory
result would not be achieved by inviting tenders for barristers to represent
the City in proceedings against the Roads and Maritime Services for
compensation proceedings relating to the Westconnex
project for the following reasons:
(i)
Roads and Maritime Services is undertaking a
large volume of compulsory acquisitions in connection with Westconnex
and other road projects in NSW. Many barristers represent Roads and Maritime
Services in these matters and are unavailable to act for the City. As a result,
there is a very limited number of suppliers who can provide the services
required by the City;
(ii)
generally, Senior
Counsel are briefed at the time that proceedings are lodged, generally being 12
months before the hearing. Due to unexpected circumstances, the City has had to
arrange alternative Senior Counsel on very late notice for this kind of matter.
The preferred Senior Counsel has the appropriate experience and is the only one
available for all of the required dates. For these reasons, the goods or
services are urgently required and the need for expedition is able to be
substantiated; and
(iii)
the preferred Senior Counsel’s fee estimate and
daily rate represents value for money for the City when compared with other
Senior Counsel’s rates who work in this jurisdiction;
(B)
Council approve entering into a contract with
the preferred Senior Counsel for compulsory acquisition court proceedings
concerning Sydney Park, in accordance with the fee estimate contained in
Confidential Attachment B to the subject report;
(C)
Council note and approve that it may be
necessary to further engage the preferred Senior Counsel in accordance with the
daily and hourly rate contained in Confidential Attachment A to the subject
report, depending on the progress of the proceedings; and
(D)
authority be delegated to the Chief Executive
Officer to negotiate, execute and administer the contract with the preferred
Senior Counsel, and otherwise on terms acceptable to the City.
Carried unanimously.
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