Notice of Intention to Enter a Funding Agreement Without Inviting Tenders - Section 55(3) of the Local Government Act (LGA) 1993

Consultation has concluded

As advertised in the Mercury on Friday 12 June 2015, Council is advertising its intent (subject to a Council Resolution) to enter into a funding agreement with Destination Wollongong without inviting tenders.

Section 55(3) of the LGA provides, inter alia, that the Council’s obligations to invite tenders do not apply to a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decisions) that a satisfactory result would not be achieved by inviting tenders.

Notice is hereby given that, subject to a Council resolution:

1. Wollongong City Council is proposing to enter a Funding Agreement with Wollongong City of Innovation Limited trading as “Destination Wollongong” to provide certain services to the Council, namely the provision of Destination Marketing, Major Events, Business Events and Conferences and Visitor Information Services for a period of five years (2015-21).

2. Council proposes to enter the Funding Agreement with Destination Wollongong without inviting competitive tenders due to the existence of extenuating circumstances under section 55(3) of the LGA.

Background

Council has worked with Destination Wollongong to strengthen governance arrangements. Under Section 55(3) of the Local Government Act 1993, it is proposed that because of extenuating circumstances relating to the current arrangements Council has in place, a satisfactory result would not be achieved by inviting tenders, including the following:

  • Agreed changes to the Destination Wollongong Constitution confirm Council’s interest in Destination Wollongong.
  • Destination Wollongong is an existing not for profit Council funded organisation with a tourism and marketing objective and is the only substantial local member based tourism organisation with marketing capability.
  • Destination Wollongong has aligned its planning, delivery and reporting to Wollongong 2022.
  • Destination Wollongong has made substantial improvements to its governance and operations including a clear strategic direction.
  • Destination Wollongong has a diverse existing member base.
  • Council has given consideration of other competitive processes, which might be appropriate in the circumstances, and has satisfied itself that any probity concerns have been addressed and that the entry into the Funding Agreement with Destination Wollongong represents the best value outcome for Council.
  • The contribution to Destination Wollongong has been exhibited as part of Council’s Draft Annual Plan 2015-16 (long term modelling).

Should you wish to make submissions to Council in relation to the proposals referred to above, please complete the form below, or write to:

The General Manager
Wollongong City Council
Locked Bag 8821
WOLLONGONG DC NSW 2500

Alternatively, you can deliver a submission to our Administration Building at 41 Burelli Street, Wollongong.

Submissions must be received by Council by 12pm, Monday 22 June 2015.

Council will consider any submissions received as part of determining this matter in accordance with the Local Government Act.

If you have any further queries, please contact our Corporate and Community Services Director on (02) 4227 7113.

As advertised in the Mercury on Friday 12 June 2015, Council is advertising its intent (subject to a Council Resolution) to enter into a funding agreement with Destination Wollongong without inviting tenders.

Section 55(3) of the LGA provides, inter alia, that the Council’s obligations to invite tenders do not apply to a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decisions) that a satisfactory result would not be achieved by inviting tenders.

Notice is hereby given that, subject to a Council resolution:

1. Wollongong City Council is proposing to enter a Funding Agreement with Wollongong City of Innovation Limited trading as “Destination Wollongong” to provide certain services to the Council, namely the provision of Destination Marketing, Major Events, Business Events and Conferences and Visitor Information Services for a period of five years (2015-21).

2. Council proposes to enter the Funding Agreement with Destination Wollongong without inviting competitive tenders due to the existence of extenuating circumstances under section 55(3) of the LGA.

Background

Council has worked with Destination Wollongong to strengthen governance arrangements. Under Section 55(3) of the Local Government Act 1993, it is proposed that because of extenuating circumstances relating to the current arrangements Council has in place, a satisfactory result would not be achieved by inviting tenders, including the following:

  • Agreed changes to the Destination Wollongong Constitution confirm Council’s interest in Destination Wollongong.
  • Destination Wollongong is an existing not for profit Council funded organisation with a tourism and marketing objective and is the only substantial local member based tourism organisation with marketing capability.
  • Destination Wollongong has aligned its planning, delivery and reporting to Wollongong 2022.
  • Destination Wollongong has made substantial improvements to its governance and operations including a clear strategic direction.
  • Destination Wollongong has a diverse existing member base.
  • Council has given consideration of other competitive processes, which might be appropriate in the circumstances, and has satisfied itself that any probity concerns have been addressed and that the entry into the Funding Agreement with Destination Wollongong represents the best value outcome for Council.
  • The contribution to Destination Wollongong has been exhibited as part of Council’s Draft Annual Plan 2015-16 (long term modelling).

Should you wish to make submissions to Council in relation to the proposals referred to above, please complete the form below, or write to:

The General Manager
Wollongong City Council
Locked Bag 8821
WOLLONGONG DC NSW 2500

Alternatively, you can deliver a submission to our Administration Building at 41 Burelli Street, Wollongong.

Submissions must be received by Council by 12pm, Monday 22 June 2015.

Council will consider any submissions received as part of determining this matter in accordance with the Local Government Act.

If you have any further queries, please contact our Corporate and Community Services Director on (02) 4227 7113.

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    Consultation has concluded