Agenda of Governance and Transparency Committee

Item No.	Item Title	Page No.
1	Revised Alcohol Consumption and Sale in Public Places Policy	12
	Confirmation of Minutes
2	Confirmation of Minutes of the Governance and Transparency Committee No. 2022(07) of 11 August 2022	29
	Officers’ Reports
3	**Acquisition of Land for Road Purpose for INF04368 Hunter Street Bus Relocation	39
4	**Disposal of Council Freehold Land in Trust Located at Lot 34 Redbank Plains Road, Swanbank and 186-190 Swanbank Coal Road, Swanbank	45
5	**New Lease Over 31-33 Nimmo Street, Booval to Queensland Rollingstock Preservation Group Inc.	67
6	**Renewal of Lease to Brisbane City Council for the Riverview Asphalt Plant	76
7	**Procurement: 18997 South Station Rd, Raceview - Pavement Rehabilitation	105
8	Procurement: Cohga Weave Mapping Solutions	110
9	Procurement - Nicholas Street Precinct Carpark Upgrade	114
10	iVolve Project Quarterly Status Update	118
	Notices of Motion
	Matters Arising

Governance and Transparency Committee NO. 8

15 September 2022

AGENDA

Welcome to Country or Acknowledgement of Country

DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA

BUSINESS OUTSTANDING

1. Revised Alcohol Consumption and Sale in Public Places Policy

This is a report seeking Council approval to repeal the existing ‘Alcohol Consumption and Sale in Public Places Policy’ and adopt the revised ‘Alcohol Consumption and Sale in Public Places Policy’, managed by Community and Cultural Services Branch within the Community, Cultural and Economic Development Department

Recommendation

A. That the Policy titled, ‘Alcohol Consumption and Sale in Public Places Policy’ (current) as detailed in Attachment 1 be repealed.

B. That the updated information to the policy titled, ‘Alcohol Consumption and Sale in Public Places Policy’ be noted and the policy adopted as detailed in Attachment 3.

Confirmation of Minutes

2. Confirmation of Minutes of the Governance and Transparency Committee No. 2022(07) of 11 August 2022

Recommendation

That the Minutes of the Meeting held on 11 August 2022 be confirmed.

Officers’ Reports

3. **Acquisition of Land for Road Purpose for INF04368 Hunter Street Bus Relocation

This is a report concerning the acquisition of land for road purpose for the proposed upgrade and relocation of the bus shelter in front of Ipswich State High School located at 1 Hunter Street, Brassall, described as Lot 581 on SP145243.

Recommendation

A. That Council resolve to purchase or acquire part of land located at 1 Hunter Street, Brassall, more particularly described as part of Lot 581 on SP145243 (“the land” (Council file reference 5572), for road purpose.

B. That, in the first instance, the method of acquisition shall be as a purchase by agreement with the affected person/s pursuant to the Property Law Act 1974.

C. That should purchase by agreement fail, Council shall, as “constructing authority” pursuant to Section 5(1)(b)(i) of the Acquisition of Land Act 1967, proceed to acquire the subject land.

D. That Council be kept informed as to the progress and outcome of the acquisition.

4. **Disposal of Council Freehold Land in Trust Located at Lot 34 Redbank Plains Road, Swanbank and 186-190 Swanbank Coal Road, Swanbank

This is a report concerning the requirement for Lot 34 Redbank Plains Road, Swanbank, described as Lot 34 on SP257496 and 186-190 Swanbank Coal Road, Swanbank, described as Lot 2 on SP251825, owned by Ipswich City Council (‘Council’) in Trust to be opened as road. The opening of the land as road is to facilitate the road extension to be constructed by EMKC³ (the “Developer”).

Recommendation

A. That pursuant to section 236(2) of the Local Government Regulation 2012 (the Regulation), Council resolve that the exception at section 236(1)(b)(i) of the Regulation applies to the disposal of Lot 34 Redbank Plains Road, Swanbank, more particularly described as Lot 34 on SP257496, and 186-190 Swanbank Coal Road, Swanbank, more particularly described as Lot 2 on SP251825 for road purpose (Council file reference 5601), because the State of Queensland (represented by the Department of Resources) (‘DoR’) is a government agency.

B. That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

5. **New Lease Over 31-33 Nimmo Street, Booval to Queensland Rollingstock Preservation Group Inc.

This is a report concerning the proposed new lease over Council freehold land located at 31-33 Nimmo Street, Booval, described as Lot 2 on SP279178 (the Land), between Ipswich City Council (Council) and Queensland Rollingstock Preservation Group Inc. (QRPG).

Recommendation

A. That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(b)(ii) of the Regulation applies to the disposal of interest in land at 31-33 Nimmo Street, Booval, more particularly described as Lot 2 on SP279178 for maintenance and restoration of rollingstock assets (locomotives, carriages, wagons, track maintenance, etc) purposes because Queensland Rollingstock Preservation Group Inc. (Lessee) is a not-for-profit community organisation.

B. That Council enter a lease (Council file reference number 5592) with the Lessee:

(i) at a commencing annual rent of $1,000.00 excluding GST, payable to Council, and

(ii) for an initial term of three (3) years, with an option for extension of an additional one (1) x two (2) years.

C. That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

6. **Renewal of Lease to Brisbane City Council for the Riverview Asphalt Plant

This is a report concerning the renewal of the Lease over Part of 2B Kenneth Street, Riverview, described as Lease B in Lot 1 on RP215975, between Ipswich City Council (Council) as Lessor and Brisbane City Council (BCC) as Lessee.

Recommendation

A. That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council as Lessor resolve that the exception at section 236(1)(c)(iii) of the Regulation applies to the disposal of leasehold interest in Part of land at
2B Kenneth Street, Riverview, more particularly described as Lease B in Lot 1 on RP215975, because it is for renewal of a lease to the existing lessee.

B. That Council renew the lease (L-1224) with Brisbane City Council (Lessee):

(i) at a commencing annual rent of $145,000 excluding GST, payable to Council, and

(ii) for a term of ten (10) years, with an option for extension of an additional one (1) x five (5) years.

C. That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolves to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

7. **Procurement: 18997 South Station Rd, Raceview - Pavement Rehabilitation

This is a report concerning the recommendation to award Tender 18997 South Station Rd – Pavement Rehabilitation and to seek Council’s approval to enter into a contract with the nominated supplier as per confidential Attachment 2 to undertake the pavement reconstruction / rehabilitation works on South Station Rd, Raceview between Harding Street and the carpark entrance to the north.

After an open market request for tender process, an evaluation panel has recommended one supplier for pavement rehabilitation as set out in Recommendation B below. The recommendation provides Council with a company located in an adjacent local government area. The recommendation has been determined by the evaluation panel to offer Council the best value for money.

If Council is satisfied with the nominated supplier, the name of the supplier will be included in the Council’s resolution at Recommendation B.

Recommendation

A. That pursuant to Section 228 of the Local Government Regulation 2012 (Regulation), Council award Tender No. 18997 South Station Rd, Raceview – Pavement Rehabilitation.

B. That Council enter into a contractual arrangement with the Supplier for the lump sum amount of one million nine hundred and fourteen thousand five hundred and fifty-one dollars and fourteen cents ($1,914,551.14) excluding GST and the contingency amount as listed in confidential Attachment 2.

8. Procurement: Cohga Weave Mapping Solutions

This is a report seeking a resolution by Council to enter into a contract with Cohga Pty Ltd for the provision of the Cohga Weave Mapping Solutions that are operationally utilised as part of Council’s existing spatial services.

This matter is required as officers seek Council resolution that the exception under section 235(b) of the Local Government Regulation 2012 applies to the specialised services provided by these operationally necessary products. The proprietary nature of the incumbent supplier’s products means that there is only one supplier who is reasonably available to provide the continued subscription to this suite of products. Further, due to the pending acquisition and implementation of an enterprise spatial solution by Council, it is more costly and disadvantageous to Council to tender for other software products when delivery of the enterprise spatial project will provide a recommendation in relation to the functional requirements serviced by this product.

A resolution of Council is sought to enter into a contractual arrangement with Cohga Pty Ltd for a term of up to one (1) year for the continued subscription to the Cohga Weave Solutions. This is an estimated total cost of approximately one-hundred and five thousand dollars ($105,000.00) excluding GST for the term of the contract.

Recommendation

A. That pursuant to Section 235(b) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies because of the specialised AND/OR confidential nature of the services that are sought and it would be impractical and disadvantageous to invite quotes for the provision of the Weave Mapping Solution.

B. That Council enter into a contractual arrangement (Council file reference number 19265) with Cohga Pty Ltd on a yearly or shorter basis as required for up to one (1) year at an approximate purchase price of $105,000.00 excluding GST over the one (1) year period.

9. Procurement - Nicholas Street Precinct Carpark Upgrade

This is a report concerning the proposed upgrading of the Nicholas Street Precinct public car parking access systems. A previous report (14 February 2022 Ordinary Council meeting of 24 February 2022) was presented to Council for the same subject matter. Council resolved to enter into a contract with the supplier, under Section 235 (b) of the Local Government Regulation 2012.

The Procurement Branch at that time, were of the understanding that the application of the section 235 (b) exemption was appropriate in the circumstances, however, recent advice notes that the application of Section 235 (a) of the Local Government Regulation 2012 should be applied to this arrangement, resulting in this revised submission.

The previous decision (24 February 2022) in relation to this matter is listed below:

The upgrades to the current installed system will provide Council and the community a number of benefits and advantages as the numbers of the public accessing the carpark increase with the activation of the Ipswich CBD.

Recommendation

A. That the previous decision of Council, as per Item 16.5 titled Nicholas Street Precinct Parking Access System Upgrade, adopted at the Council Ordinary Meeting of 24 February 2022, be repealed.

B. That pursuant to Section 235(a) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies as it is satisfied that there is only one supplier who is reasonably available for the provision of the products and services related to the upgrade to the existing SKIDATA parking access system in the Nicholas Street public carpark.

C. That Council enter into a contractual arrangement (Council file reference 18352) with Skidata Australasia Pty Ltd, at an approximate purchase price of $215,000.00 excluding GST over the entire term, being a term of two (2) years, with no options for extension.

10. IVolve Project Quarterly Status Update

The purpose of this report is to provide an update on the iVolve Stage 3 Program controls and milestones.

Two (2) key Change Requests were approved in this reporting period:

1. Change Request (CR03) re-baselined the iVolve Stage 3 project timeline, deliverables, and EOI market strategy approach.

2. Change Request (CR04) brings into scope the additional packages to remediate the current Oracle risk:

a. A Request for Quote (RFQ) to Oracle for procurement of Oracle Products (Licences/SaaS).

b. A Request for Tender (RFT) to secure a Delivery Partner for professional services.

c. A Request for Tender (RFT) to appropriate vendors for an Integration Platform.

The approval of these Change Requests results in the iVolve project currently reporting an Amber Status for overall project health.

The procurement activities have made good progress:

· Oracle Product RFQ. The RFQ was sent to Oracle on 12 July 2022. A response has been received and the Evaluation team is currently reviewing the response.

· Delivery Partner RFT. The Tender has been sent to market on 18 August 2022 and Council is currently responding to vendor questions.

· Integration Platform RFT. The specification was produced on 20 July 2022 and Procurement are drawing up the associated tender documentation in coordination with project representatives.

· iVolve EOI. The specification is currently going through the approval process.

There remains pressure on the timeline especially around the Delivery Partner RFT with two key risks raised around:

1. Allowing only three (3) weeks for a Delivery partner vendor to respond, there is a risk that this schedule allocation may not be enough;

2. The Delivery Partner RFT is being undertaken as an open market event and while Council has requirements for responding vendors to be identified Oracle Delivery Partner for the Oracle Licences being purchased, there are still up to 22 possible vendors. There is a risk that there may not be enough time allocated in the plan to evaluate all possible delivery partners which could impact resourcing and schedule (however the likelihood of all vendors submitting a compliant bid for assessment is low).

The project continues to monitor these risks.

Recommendation

That the report be received and the contents noted.

NOTICES OF MOTION

MATTERS ARISING

Governance and Transparency Committee

Meeting Agenda

15 September

2022

Doc ID No: A8179331

ITEM: 1

SUBJECT: Revised Alcohol Consumption and Sale in Public Places Policy

AUTHOR: Business Improvement Officer

DATE: 14 July 2022

Executive Summary

Recommendation/s

A. That the Policy titled, ‘Alcohol Consumption and Sale in Public Places Policy’ (current) as detailed in Attachment 1 be repealed.

B. That the updated information to the policy titled, ‘Alcohol Consumption and Sale in Public Places Policy’ be noted and the policy adopted as detailed in
Attachment 3.

RELATED PARTIES

There was no declaration of conflicts of interest.

ifuture Theme

Safe, Inclusive and Creative

Purpose of Report/Background

The Alcohol Consumption and Sale in Public Places Policy was endorsed by the Governance and Transparency Committee on 16 June however it was deferred at the Council meeting as requiring further information. At the Council meeting it was raised that further clarification was required regarding where in Willowbank the policy is to take effect.

To address this concern an additional change has been made to the policy under Purpose and Principles as follows:

· Willowbank Motorsport Precinct - leases A through D (with the exception of Lease F, tenured by Motorsports Queensland Ltd) and that are currently operating under either Lease or Permit from Council. (Refer to attachment 4 Ipswich Motorsport Precinct Map that sets out the lease areas of the Willowbank Motorsport Precinct).

Refer to the Governance and Transparency Committee Report from 16^th June 2022 (Attachment 5) for full details on the original request.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Queensland Liquor Act 1992

RISK MANAGEMENT IMPLICATIONS

The review of this policy has been undertaken in accordance with Council’s adopted Policy and Procedure Management Framework. Any delay in approving the recommendation may potentially have adopted policies inconsistent with the Council Framework.

HUMAN RIGHTS IMPLICATIONS

HUMAN RIGHTS IMPACTS
OTHER DECISION

(a) What is the Act/Decision being made?	The recommendation states that the Council adopt the Alcohol Consumption and Sale in Public Places Policy.
(b) What human rights are affected?	Only Not-For-Profit and Incorporated by Association Organisations will be seeking approval for consent to apply for a liquor permit to sell or consume alcohol on Council owned and managed land, therefore it does not affect human rights as it does not concern or impact individuals. The Office of Liquor and Gambling Regulation (OLGR) issue the actual permit.
(c) How are the human rights limited?	Not applicable
(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?	Not applicable
(e) Conclusion	The decision is consistent with human rights.

Financial/RESOURCE IMPLICATIONS

There are no financial/resource implications associated with the report.

COMMUNITY and OTHER CONSULTATION

In Queensland, the Office of Liquor and Gaming Regulation (OLGR) regulates liquor licence and permit applications. It is a requirement under the Liquor Act 1992 (Queensland) to hold and maintain a liquor licence or permit to sell or supply liquor (alcohol) in Queensland.

Conclusion

On the 16 June the Governance and Transparency Committee endorsed the ‘Alcohol Consumption and Sale in Public Places Policy’ however on the 30 June Council sought clarification as to where in Willowbank the policy is to take effect.

As the ‘Alcohol Consumption and Sale in Public Places Policy’ has been updated to include additional information sourced from the Liquor Act 1992 which clarifies the lease areas of the Willowbank Motorsport precinct, it is recommended that Council adopt the policy.

Attachments and Confidential Background Papers

1.	Alcohol Consumption and Sale in Public Places Policy (Current) ⇩
2.	Alcohol Consumption and Sale in Public Places Policy (Track Change) ⇩
3.	Alcohol Consumption and Sale in Public Places Policy (Revised) ⇩
4.	Ipswich Motorsport Precinct Map ⇩
5.	Governance and Transparency Committee Report (16th June) ⇩

Anne Eves

Business Improvement Officer

I concur with the recommendations contained in this report.

Ben Pole

General Manager, Community, Cultural and Economic Development

“Together, we proudly enhance the quality of life for our community”

Governance and Transparency Committee

Meeting Agenda

15 September

2022

Governance and Transparency Committee NO. 2022(07)

11 August 2022

Minutes

COUNCILLORS’ ATTENDANCE: Deputy Mayor Jacob Madsen (Chairperson); Councillors Russell Milligan (Deputy Chairperson), Mayor Teresa Harding, Marnie Doyle, Kate Kunzelmann and Nicole Jonic

COUNCILLOR’S APOLOGIES: Nil

OFFICERS’ ATTENDANCE: Chief Executive Officer (Sonia Cooper), General Manager Corporate Services (Matt Smith), General Manager Infrastructure and Environment (Sean Madigan), General Manager Planning and Regulatory Services (Peter Tabulo), Workplace Safety and Wellbeing Manager (Chris Lee), Manager People and Culture (Talia Love-Linay), Procurement Manager (Richard White), Senior Digital Media and Content Officer (Jodie Richter), Manager Libraries and Customer Services (Samantha Chandler), Manager Community and Cultural Services (Don Stewart) and Theatre Technician (Harrison Cate)

WELCOME TO COUNTRY/ACKNOWLEDGEMENT OF COUNTRY

Deputy Mayor Jacob Madsen (Chairperson) delivered the Acknowledgement of Country.

DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA

Nil

BUSINESS OUTSTANDING

Nil

Confirmation of Minutes

1. Confirmation of Minutes of the Governance and Transparency Committee No. 2022(06) of 14 July 2022

RECOMMENDATION

Moved by Councillor Marnie Doyle:

Seconded by Councillor Russell Milligan:

That the Minutes of the Governance and Transparency Committee held on 14 July 2022 be confirmed.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

Jonic

The motion was put and carried.

Officers’ Reports

2. Quarter 4 - Operational Plan 2021-2022 Quarterly Performance

This is a report concerning an assessment of Ipswich City Council’s progress towards implementation of the 2021-2022 Operational Plan with notable achievements that have occurred during quarter four (Q4) (April to June 2022). In Q4, an additional status has been provided to indicate items that are planned multi-year projects that will continue in the 2022-2023 financial year as an operational plan deliverable, core service activity, corporate project or an item in the capital works program. Departmental representatives have provided the presented Q4 data.

RECOMMENDATION

Moved by Councillor Russell Milligan:

Seconded by Councillor Marnie Doyle:

That the report be received and the contents noted.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

Jonic

The motion was put and carried.

3. Quarterly Report to the Department of State Development, Infrastructure, Local Government and Planning

This is a report concerning a request received by the Mayor (on behalf of Council) from the Director-General, Department of State Development, Infrastructure, Local Government and Planning (DSDILGP) for Council to provide a series of quarterly performance reports through to the quarter ending 30 June 2022.

Confirmation was sought from the Director-General in the previous quarter in relation to concluding this reporting requirement at the end of the current quarter (June 2022). Advice has been received from the Director-General that Council’s quarterly reporting requirement will continue through to the end of the current council term (March 2024) with a revised scope (Attachment 1).

The attached report is tabled for consideration by the Governance and Transparency Committee and relates to the period April – June 2022 (Attachments 2-7). This quarterly report also addresses an additional request from Director-General of 30 June 2022 (Attachment 1) seeking further information regarding the recent changes to Council’s Media and Corporate Communication Policy and Meetings Procedure Policy. Endorsement of this quarterly report is sought, with the Mayor to send a letter and the quarterly report to the Director-General.

RECOMMENDATION

Moved by Councillor Russell Milligan:

Seconded by Councillor Marnie Doyle:

That the Committee endorse the draft letter and quarterly performance reports (April – June 2022) set out in Attachments 2-7.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

Jonic

The motion was put and carried.

4. Repeal of Rehabilitation Policy and update to Workplace Health and Safety Policy

This is a report concerning a proposal to repeal the Council Rehabilitation Policy and update the Workplace Health and Safety Policy to include a commitment to implement rehabilitation provisions.

RECOMMENDATION

Moved by Councillor Marnie Doyle:

Seconded by Councillor Russell Milligan:

A. That the policy titled ‘Rehabilitation Policy’, Item 43.01 adopted at Council on 21 February 2007, be repealed.

B. That the revised Workplace Health and Safety Policy as outlined in Attachment 3 be approved.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

Jonic

The motion was put and carried.

5. Proposed New Trustee Lease to Goodna and Districts Rugby League Football Club Inc. over 135 Brisbane Terrace, Goodna

This is a report concerning the renewal of the Trustee Lease over part of a Reserve located at 135 Brisbane Terrace, Goodna, described as Lease B in Lot 128 on SP178961, between Ipswich City Council (Council) as Trustee and Goodna and Districts Rugby League Football Club Inc. (GDRLFC).

RECOMMENDATION

Moved by Councillor Nicole Jonic:

Seconded by Mayor Teresa Harding:

A. That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council as Trustee for the State of Queensland resolve that the exception at section 236(1)(c)(iii) of the Regulation applies to the disposal of leasehold interest in land at 135 Brisbane Terrace, Goodna more particularly described as Lease B in Lot 128 on SP178961, because it is for renewal of a trustee lease to the existing trustee lessee.

B. That Council renew the trustee lease (Council file reference number 5400 with Goodna and Districts Rugby League Football Club Inc. (Trustee Lessee):

(i) at a commencing annual rent of $11,250 ex GST, payable to Council, and

(ii) for a term of five (5) years, with no options for extension.

C. That pursuant to section 64(1) and 64(2) of the Land Act 1994, Ministerial approval has been dispensed with (as per Attachment 3 of this report) and the purpose of the trustee lease (being ‘the provision of a community sports club including sporting events and administration and activities associated with that purpose’) is consistent with the purpose of the trust land.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

Jonic

The motion was put and carried.

6. Extension to preferred supplier arrangement with Securecorp for security services

This is a report concerning the recommendation to approve the extension of contract for security services (#13697) with the incumbent supplier, SECUREcorp (Qld) Pty Ltd for a further 12 months.

It is important to note that on 7 August 2020, Council resolved to enter into a preferred supplier arrangement with SECUREcorp for a total contract price of $10,512,782 for a period of two (2) years with the option to extend the contract for a further three (3) years, via three (3) one (1) year extensions. However, Council also resolved to determine any extensions to the contract after the first two (2) year term had been completed.

RECOMMENDATION

Moved by Councillor Russell Milligan:

Seconded by Councillor Nicole Jonic:

A. That Council resolve to extend the engagement of SECUREcorp (Pty Ltd) (contract #13697) for the provision of security services for a further 12 months (one year), noting that:

(i) The engagement of SECUREcorp (Pty Ltd) is by way of a Preferred Supplier Arrangement pursuant to section 233 of the Local Government Regulation 2012 (Regulation);

(ii) The engagement’s initial term 2-year term expires on 9 September 2022.

(iii) By resolving to extend the engagement for a further 12 months (one year) Council will be exercising the first extension option available under the contract and that following the expiry of this 12-month (one year) period only two 12-month (one year) extension options will remain.

B. That Council’s approximate spend will be $2,102,556 excluding GST for the period of the extension in addition to the two (2) year spend to date of $3,775,914.

C. That pursuant to section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Local Government Regulation 2012, in order to implement Council’s decision.

D. That, pursuant to section 238 of the Local Government Regulation 2012, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” in respect of the two remaining 12-month (one year) extension options available, including the power to determine whether to exercise those options.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

Jonic

The motion was put and carried.

7. Procurement: Nearmap Subscription

This is a report seeking a resolution by Council to enter into a contract with Nearmap Australia Pty Ltd for the provision of aerial imagery, locational services and software that is operationally utilised as part of Council’s existing spatial services.

A resolution of Council is sought to enter into a contract with Nearmap Australia Pty Ltd for a term of twelve (12) months for the Nearmap Offline (AI) software products. This is an estimated total cost of approximately twenty-seven thousand dollars ($27,000.00) excluding GST for the term of the contract.

RECOMMENDATION

Moved by Councillor Marnie Doyle:

Seconded by Councillor Russell Milligan:

A. That pursuant to Section 235(b) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies because of the specialised nature of the services that are sought it would be impractical and disadvantageous to invite quotes for the provision of aerial imagery, locational services and software.

B. That Council enter into a contractual arrangement (Council file reference number 19123) with Nearmap Australia Pty Ltd, at an approximate purchase price of $27,000 excluding GST over the entire term, being a term of twelve (12) months with no options for extension.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

Jonic

The motion was put and carried.

8. Procurement - Solus Software Licence and Support

This is a report seeking a Council Resolution by Ipswich City Council (Council) to continue the direct engagement with Sanzap Pty Ltd. It is proposed to engage Sanzap Pty Ltd for up to five (5) years on a 3+1+1 arrangement for the continuance of the Solus Software Licence and Support for the library mobile apps and eKiosk Wayfinders for an estimated total contract spend of $156,850.00 over the five (5) year term.

Council engaged Sanzap Pty Ltd in 2017 after a three (3) quote procurement process deemed the Solus product to be the best fit for Council’s requirements. Sanzap Pty Ltd are meeting Council’s performance expectations in the provision of the library mobile app and eKiosk Wayfinders for use by library members to view library content, check out books, and access links to library resources.

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Kate Kunzelmann:

A. That pursuant to Section 235(b) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies because of the specialised nature of the services that are sought and it would be impractical or disadvantageous to invite quotes for the provision of the Solus Software Licence and Support for the library mobile app and eKisok Wayfinders.

B. That Council enter into a contractual arrangement (Council file reference number 19128) with Sanzap Pty Ltd, at an approximate purchase price of $156,850.00 excluding GST over the entire term, being an initial term of three (3) years, with options for extension at the discretion of Council (as purchaser), of an additional two (2) X one (1) year terms.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

Jonic

The motion was put and carried.

9. Procurement: Australian Standards Subscription Renewal

This is a report seeking a Council Resolution by Ipswich City Council (Council) to continue the direct engagement with SAI Global Australia Pty Ltd (SAI Global). It is proposed to engage SAI Global for up to three (3) years on a 1+1+1 arrangement for the continuance of the Australian Standards Subscription for an estimated total contract spend of $80,500 over the three’ year term. Spend is inclusive of an annual 5% CPI provision.

Council has engaged SAI Global for over ten years for the provision of the Australian Standards Subscription allowing business units across Council to access the standards as required on a pay per download subscription basis. SAI Global are the primary supplier of the Australian Standards and are meeting Council’s performance expectations. Due to the specialised nature of the services which SAI supply, and SAI being the supplier of Australian Standards Subscriptions, it is impractical to invite quotes from other suppliers, who may not meet the needs of Council.

RECOMMENDATION

Moved by Mayor Teresa Harding:

Seconded by Councillor Kate Kunzelmann:

A. That pursuant to Section 235(b) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies because of the specialised nature of the services that are sought and it would be impractical and disadvantageous to invite quotes for the provision of Australian Standards Subscription.

B. That Council enter into a contractual arrangement (Council file reference number 19131) with SAI Global Australia Pty Ltd, at an approximate purchase price of $80,500.00 excluding GST over the entire term, being an initial term of one (1) year, with options for extension at the discretion of Council (as purchaser), of an additional two (2) X one (1) year terms.

AFFIRMATIVE NEGATIVE

Councillors: Councillors:

Madsen Nil

Milligan

Harding

Doyle

Kunzelmann

Jonic

The motion was put and carried.

NOTICES OF MOTION

Nil

MATTERS ARISING

Nil

PROCEDURAL MOTIONS AND FORMAL MATTERS

The meeting commenced at 10.23 am.

The meeting closed at 10.34 am.

Governance and Transparency Committee

Meeting Agenda

15 September

2022

Doc ID No: A8185202

ITEM: 3

SUBJECT: Acquisition of Land for Road Purpose for INF04368 Hunter Street Bus Relocation

AUTHOR: Senior Property Officer (Tenure)

DATE: 19 July 2022

Executive Summary

Recommendation/s

B. That, in the first instance, the method of acquisition shall be as a purchase by agreement with the affected person/s pursuant to the Property Law Act 1974.

C. That should purchase by agreement fail, Council shall, as “constructing authority” pursuant to Section 5(1)(b)(i) of the Acquisition of Land Act 1967, proceed to acquire the subject land.

D. That Council be kept informed as to the progress and outcome of the acquisition.

RELATED PARTIES

· Department of Education (the “Owner”)

· Department of Transport and Main Roads (“Translink” Division - Bus Stop Upgrade Initiative)

· Queensland Police Service (“QPS”)

There have been no conflicts of interest declared in relation to the matter addressed in this report.

ifuture Theme

Vibrant and Growing

Purpose of Report/Background

In 2020-2021, Ipswich State High School and Brassall State School met with Ipswich City Council (Council), the State Member of Parliament, Translink and QPS to raise concerns regarding safety due to the high number of children accessing the public transport bus stops ID310245 and ID310246 on Hunter Street, Brassall.

The issues raised included:

1. the high number of children walking to and waiting at the bus stop on Hunter Street (ID310245). More than 50 students congregate around this north bound bus stop in the afternoon and spill onto the road;

2. the safety of children crossing Hunter Street at varying locations to reach the bus stop on the southbound side of the road (ID310246); and

3. the schools have both agreed that if the bus stops were closer, they could have children wait internally and provide gates if required.

Council has conducted a safety investigation considering the issues in this location on Hunter Street and determined that the most beneficial outcome is to consider the relocation of the bus stop. This can be achieved through a collaborative approach between Council, Translink and Ipswich State High School.

The area identified for the bus shelter extends into the school property, therefore an area of land will be required for road purpose. The design has had in principle approval from the school representatives, Department of Education, TransLink, and QPS.

Department of Education representatives have suggested that Council enter into a Deed of Access and Indemnity in addition to any land titling requirements to allow early access to Education land and also to allow a survey to be done as constructed.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Acquisition of Land Act 1967

Local Government Act 2009

Property Law Act 1974

Land Title Act 1994

RISK MANAGEMENT IMPLICATIONS

It is Council’s best practice to not compulsorily acquire land owned by the State, particularly given that Council’s compulsory acquisition powers are granted to Council by the State. Recommendation C regarding compulsory acquisition powers has still been included in the report so that if the negotiations do fail, Council have endorsed the compulsory process to progress for the project outcomes.

The risk of not acquiring the land would create a safety risk, as the students congregate around the existing bus stop and filter out onto the road.

HUMAN RIGHTS IMPLICATIONS

HUMAN RIGHTS IMPACTS
OTHER DECISION

(a) What is the Act/Decision being made?	If the recommendations are endorsed by Council part of the property will be acquired via a negotiated purchase. The outcome by a negotiated process outside of the provisions of the Acquisition of Land Act 1967 allows for a more neutral approach with owners rather than automatically triggering a compulsory process to secure the land under the provisions of the legislation. Council has a discretion whether or not to compulsorily acquire the land.
(b) What human rights are affected?	The decision to acquire land will not affect human rights as the owner of the land is a government agency. End of assessment.
(c) How are the human rights limited?	Not applicable
(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?	Not applicable
(e) Conclusion	The decision is consistent with human rights.

Financial/RESOURCE IMPLICATIONS

Expenses relating to the acquisition will form part of the project budget for INF04368 Hunter Street. There are no other financial impacts proposed for the property acquisition to support the bus relocation as it has been considered a safety issue that was raised by the school. Council will be proposing an acquisition for no cost for the land component.

COMMUNITY and OTHER CONSULTATION

The proposed design has been reviewed and agreed to at the 40% milestone stage in July 2022 by representatives of:

Department of Education, Ipswich State High School (Business Manager) and Council representatives from Hydraulics, Transport and Traffic, City Maintenance, Construction and Stakeholder Engagement.

Consultation with Property Services and the Infrastructure and Environment Department has commenced to progress formalising the acquisition process.

Conclusion

It is recommended that Council proceed with the acquisition of part of the land for road purpose located at 1 Hunter Street, Brassall, described as Lot 581 on SP145243.

Attachments and Confidential Background Papers

1.	40% Design Review - Acquisition Plan ⇩
2.	40% Design Review - Setout Plan ⇩

	CONFIDENTIAL
3.	Title Search - Lot 581 SP145243

Kerry Perrett

Senior Property Officer (Tenure)

I concur with the recommendations contained in this report.

Alicia Rieck

Acting Property Services Manager

I concur with the recommendations contained in this report.

Anthony Dunleavy

Manager, Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Matt Smith

General Manager Corporate Services

“Together, we proudly enhance the quality of life for our community”

Governance and Transparency Committee

Meeting Agenda

15 September

2022

Doc ID No: A8190293

ITEM: 4

SUBJECT: Disposal of Council Freehold Land in Trust Located at Lot 34 Redbank Plains Road, Swanbank and 186-190 Swanbank Coal Road, Swanbank

AUTHOR: Senior Property Officer (Tenure)

DATE: 21 July 2022

Executive Summary

Recommendation/s

RELATED PARTIES

· EMKC³(the “Developer”)

There was no declaration of conflicts of interest

ifuture Theme

Vibrant and Growing

Purpose of Report/Background

Lot 2 is Council freehold land held in Trust for road purpose. Lot 34 on SP257496 (Lot 34) is an amalgamation of a number of parcels of land, known as “Base Parcels” (Lot 3 RP859279, Lot 6 RP22546, Lot 1 RP189128, Lot 1 RP859279, Lot 1 RP22548, Lot 3 RP896409 and Lot 2 RP859279) and is also Council freehold land held in Trust for road purpose. The terms of the trusts under which Council holds both lots are contained in Attachments 5 and 6 to this Report. Both lots are required for road purpose to enable access to the Development, refer Attachment 1.

Under clause 3.2(a) of the terms of the trusts under which Council holds both parcels of land, Council has the power to dedicate the land to public use under Section 51 of the Land Title Act 1994 for a Road. This type of dedication is what is proposed by the recommendations in this report.

A location map has been provided in Attachment 2 which identifies the local area roads and suburbs in close proximity to the development site.

DISCUSSION

By signing the Form 18A Consent Form for the Survey Plan (prepared by the Developer and provided to Council at a later stage), Council will be requesting that the Department of Resources dedicate Lot 34 on SP257496 and Lot 2 on SP251825 for public use and be opened as road.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Land Title Act 1994

Local Government Act 2009

Local Government Regulation 2012

Planning Act 2016

Land Act 1994

RISK MANAGEMENT IMPLICATIONS

The assessment and subsequent recommendations have been prepared to ensure consistency with legislation and sustainable development in the best interests of the community.

Due diligence identified that part of Lot 34 on SP257496 has been subject to hazardous contaminants “Coal Rejects”. The site was used for underground coal mining for more than 50 years and decommissioned in 2003. A site management plan has been prepared for each base lot accordingly.

HUMAN RIGHTS IMPLICATIONS

HUMAN RIGHTS IMPACTS
OTHER DECISION

(a) What is the Act/Decision being made?	Recommendation A and B state that Council dispose of Lot 2 on SP251825, and Lot 34 on SP257496 as road. Section 51 of the Land Title Act 1994 allows for freehold land to be opened as road by way of survey plan.
(b) What human rights are affected?	No human rights are affected by this decision to support the request to open Council freehold land as road under the Land Title Act 1994. The decision by Council to open part of the freehold land as road means that the underlying tenure will transfer to the State - the State does not have human rights as it is not an individual; this decision will not affect human rights.
(c) How are the human rights limited?	Not applicable
(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?	Not applicable
(e) Conclusion	The decision is consistent with human rights.

Financial/RESOURCE IMPLICATIONS

There are no resource implications associated with this report.

COMMUNITY and OTHER CONSULTATION

Internal consultation was undertaken with Council’s Infrastructure and Environment Department (Transport Planning and Asset Management) and Council’s Planning and Regulatory Services Department). All internal stakeholders have advised that they have no objections to the disposal of the land for road purpose.

Conclusion

It is recommended that Council approve the area of freehold land to be opened for road purpose. At a later stage, consent to the dedication and opening of the lots as road will be effected by the execution of a Form 18A Consent to accompany a survey plan for lodgement.

Attachments and Confidential Background Papers

1.	Property Plan ⇩
2.	Location Map ⇩
3.	Title Search Lot 34 SP257496 ⇩
4.	Title Search Lot 2 SP251825 ⇩
5.	Dealing 714122307 - Trust Document- Lot 34 SP257496 ⇩
6.	Dealing 715224789 - Trust Document- Lot 2 SP251825 ⇩

	CONFIDENTIAL
7.	New Gen Business Park Plan - Proposed Road Opening

Kerry Perrett

Senior Property Officer (Tenure)

I concur with the recommendations contained in this report.

Alicia Rieck

Acting Property Services Manager

I concur with the recommendations contained in this report.

Anthony Dunleavy

Manager, Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Matt Smith

General Manager Corporate Services

I concur with the recommendations contained in this report.

Peter Tabulo

General Manager Planning and Regulatory Services

“Together, we proudly enhance the quality of life for our community”

Governance and Transparency Committee

Meeting Agenda

15 September

2022

Doc ID No: A8175709

ITEM: 5

SUBJECT: New Lease Over 31-33 Nimmo Street, Booval to Queensland Rollingstock Preservation Group Inc.

AUTHOR: Property Support Officer

DATE: 13 July 2022

Executive Summary

RECOMMENDATION

A. That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(b)(ii) of the Regulation applies to the disposal of interest in land at 31-33 Nimmo Street, Booval, more particularly described as Lot 2 on SP279178 for maintenance and restoration of rollingstock assets (locomotives, carriages, wagons, track maintenance, etc) purposes because Queensland Rollingstock Preservation Group Inc. (Lessee) is a not-for-profit community organisation.

B. That Council enter a lease (Council file reference number 5592) with the Lessee:

(i) at a commencing annual rent of $1,000.00 excluding GST, payable to Council, and

(ii) for an initial term of three (3) years, with an option for extension of an additional one (1) x two (2) years.

RELATED PARTIES

Queensland Rollingstock Preservation Group Inc. (QRPG)

There was no declaration of conflict of interest.

ifuture Theme

A Trusted and Leading Organisation

Purpose of Report/Background

The Queensland Rollingstock Preservation Group Inc. (QRPG) are a not-for-profit organisation with the objective to undertake maintenance and restoration of their rollingstock assets (locomotives, carriages, wagons, track maintenance, etc). The QRPG have been leasing a site at Blackstone since 2017 which has since been sold requiring QRPG to urgently relocate. QRPG has a strong railway history within Ipswich, ex-Queensland Railway workers reside in the City, some still show a strong interest in the working of rollingstock. The QRPG's preference was to find a permanent site but, were happy to settle for something temporary until a longer arrangement could be sought. Following consultation with IED it was recommended that 31-33 Nimmo Street, Booval would be a location suitable for the QRPG's purpose. The 31-33 Nimmo Street premises are the former Booval Depot which previously occupied Council’s sign shop and soil laboratory.

Given the former use of the premises as a Council depot and its operations 31-33 Nimmo Street, Booval, described as Lot 2 on SP279178 is listed on the Environmental Management Register or Contaminated Land Register (refer Attachment 3). The results contained on the registers have been taken into consideration when assessing QRPG's use of the premises and it has been deemed appropriate for their proposed maintenance and restoration works.

Council maintains the premises on a regular maintenance cycle and the improvements on the land include a colour bond shed. A building scheduled for demolition at the end of the 2021-2022 FY has been removed from the premises and was the old soil laboratory near the entrance to the site.

It is proposed that the QRPG will occupy two separate lease areas, as shown in Attachment 2, with a licence to each area for access. The two separate lease areas will comprise of an area 978m² and 450m², providing a total lease area of 1,428m².

The essential tenure agreement terms are as follows:

Agreement Terms	Proposed Lease Terms
Period:	Three (3) Years
Commencement Date:	01/11/2022
Expiry Date:	31/10/2025
Options:	One (1) x Two (2) Years
Annual Rent:	$1,000.00 per annum ex GST
Fixed Rent Review:	3% annually on each anniversary of the lease commencement date
Permitted Use:	The provision of maintenance and restoration of rollingstock assets (locomotives, carriages, wagons, track maintenance, etc)
Maintenance Responsibilities:	QRPG is responsible for structural elements, building repairs and maintenance, as well as general landscaping maintenance (including the mowing of a three (3) metre perimeter around carriages). The lessor will continue to maintain lawns outside the Lease area
Building Ownership	Lessor (existing shed only)

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Land Title Act 1994

Local Government Regulation 2012

Local Government Act 2009

Land Regulation 2020

RISK MANAGEMENT IMPLICATIONS

The Nimmo Street premises is expected to be impacted by the future Jacaranda Street extension. A proposed Open Space Concept Master Plan, shown in Attachment 4, is expected to form part of the ultimate Norman Street bridge project. It has been identified that the future road corridor (ie. Jacaranda Street extension component) is expected to be well beyond three years. Based on this advice it is proposed that the initial lease term is for a period of three years with an assessment on the future road requirements to be undertaken prior to the end of term and before the option is exercised.

There are low risk management implications for this lease as QRPG will be providing a presence over Council’s premises which has been vacant since closure of the depot. Council’s new lease agreement will clearly set out the lessee’s maintenance responsibilities in managing the asset.

The risk implications for QRPG not entering a long-term tenure over the facility is that QRPG will have difficulty finding an alternative location, potentially resulting in the association folding, and the creation of some reputational risk to Council.

HUMAN RIGHTS IMPLICATIONS

HUMAN RIGHTS IMPACTS
OTHER DECISION

(a) What is the Act/Decision being made?	The Recommendations resolve for Council to apply an exemption under 236(1)(b)(ii) of the Local Government Regulations 2012 to enter into a new lease with Queensland Rollingstock Preservation Group Inc. for a three (3) year term with an option period of a further two (2) years for the maintenance and restoration of rollingstock assets (locomotives, carriages, wagons, track maintenance, etc).
(b) What human rights are affected?	Human Rights are not affected as the Queensland Rollingstock Preservation Group Inc. is a not-for-profit organisation and only individuals have human rights. End of assessment.
(c) How are the human rights limited?	Not applicable.
(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?	Not applicable.
(e) Conclusion	The decision is consistent with human rights.

Financial/RESOURCE IMPLICATIONS

In accordance with Council’s Tenure Over Council Property Policy this facility will generate a rental income for Council under a Lease Agreement. The cost of managing and maintaining the premises will continue to be borne by Council with the exception of a three (3) metre buffer around the perimeter of the QRPG assets.

COMMUNITY and OTHER CONSULTATION

In December 2021, QRPG commenced discussions with Council on the possibility of a Lease over the 31-33 Nimmo Street, Booval premises seeking to secure short term tenure to relocate and restore their rollingstock assets.

Property Services conducted internal stakeholder consultation with the Infrastructure and Environment Department, Planning and Regulatory Services Department and the Community, Cultural and Economic Development Department, where the following feedback was provided:

· Infrastructure Strategy Branch recommended initial advice be sought from Planning and Regulatory Services with regards to Planning requirements for the intended activities.

· Planning and Regulatory Services advised that no development applications would be required to be lodged, should they wish to continue the use of part of the site for their activity.

· Community and Cultural Services Branch advised that they had no issues with progressing this request to a lease under section 236 of the Local Government Regulation 2012.

· Infrastructure Strategy Branch and Environment advised that the future Jacaranda Street extension roadworks, as shown in Attachment 4, are expected to form part of the ultimate Norman Street bridge project, however, these roadworks (ie. Jacaranda Street extension component) are expected to be well beyond three years and did not see any issues with a proposed three (3) year lease in term of the future road corridor.

The Property Team liaised with the QRPG in relation to a proposed lease over the Nimmo Street premises, including the rental calculation in accordance with Council’s policy.

On 26^th August 2022 QRPG emailed the Property Services Team confirming acceptance of the above terms presented to them in a letter of offer.

Conclusion

It is recommended that Council support the new Lease to QRPG for a term of three (3) years, with a one (1) x two (2) year option by applying the exception under 236(1)(b)(ii) of the Local Government Regulation 2012. The new Lease will clearly outline maintenance responsibilities between Council and QRPG and will reflect the requirements of the Land Title Act 1994, Land Regulation 2020, Local Government Act 2009 and the Local Government Regulation 2012.

Attachments and Confidential Background Papers

1.	Title Search - Lot 2 SP279178 ⇩
2.	Proposed Lease Areas - 31-33 Nimmo Street, Booval ⇩
3.	Contaminated Land Search Results - Lot 2 SP27918 ⇩

	CONFIDENTIAL
4.	Nimmo Street Concept Master Plan

Michelle McNamara

Property Support Officer

I concur with the recommendations contained in this report.

Alicia Rieck

Acting Property Services Manager

I concur with the recommendations contained in this report.

Anthony Dunleavy

Manager, Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Matt Smith

General Manager Corporate Services

“Together, we proudly enhance the quality of life for our community”

Governance and Transparency Committee

Meeting Agenda

15 September

2022

Doc ID No: A8230387

ITEM: 6

SUBJECT: Renewal of Lease to Brisbane City Council for the Riverview Asphalt Plant

AUTHOR: Senior Property Officer (Tenure)

DATE: 11 August 2022

Executive Summary

RECOMMENDATION

B. That Council renew the lease (L-1224) with Brisbane City Council (Lessee):

(i) at a commencing annual rent of $145,000 excluding GST, payable to Council, and

(ii) for a term of ten (10) years, with an option for extension of an additional one (1) x five (5) years.

RELATED PARTIES

Related parties: Brisbane City Council

There were no declarations of conflicts of interest.

ifuture Theme

A Trusted and Leading Organisation

Purpose of Report/Background

Brisbane City Council (BCC) has held a lease over part of 2B Kenneth Street, Riverview since 2008 for the management and operation of an asphalt plant. The land is zoned Regional Business and Industry Low Impact and adjoins Council’s Riverview Depot and Recycling and Refuse Centre.

The lease with BCC is due to expire on 30 November 2022 with no option for an extended term. BCC has expressed their desire to remain on the site and are requesting Council consider a lease extension for a term of ten (10) years with an option to extend for a further five (5) years.

In 2019, Council adopted the Tenure over Council Property Policy (Policy) to ensure a transparent and consistent process is undertaken when negotiating tenure agreements. In the case of Lease agreements, the policy allows for lease terms of up to five (5) years (inclusive of option periods).

Under the Policy it is at the discretion of Council to grant a lease for a term exceeding five (5) years, however, this would be subject to a Council resolution and the Lessee must provide a business case that adequately justifies the requested length of tenure and of what benefit this would be to the Ipswich community.

As such, BCC has provided a business case which includes these key points:

· BCC has been operating the ‘Riverview Asphalt Plant’ (the Plant) at this location since the late 1990’s, servicing local businesses and both BCC and Council’s internal works.

· To date the Plant has complied with all environmental obligations and has not received any known community complaints regarding the operations onsite.

· Though the Asphalt Supply, Cart and Lay contract between BCC and Council came to an end in 2018, Council continues to procure approximately 500-600 tonnes of asphalt per month from the Plant for the Maintenance Team (e.g., pothole repairs)

· The Plant continues to support Council during out-of-hours and emergency situations where asphalt supply is required, with the added efficiencies of the close proximity of Council’s Riverview depot.

· BCC’s continued presence at this location ensures the local community continue to benefit from a competitive market in asphalt supply.

· The Plant continues to provide employment to the local area and BCC is passionate about the level of service provided to Council.

· Longer term tenure over the site ensures planned refurbishments will remain financially viable and a sufficient asphalt supply will continue in the western suburbs and Ipswich region through to the 2032 Olympics Games.

The proposed new Lease terms are as follows:

	Existing Lease Terms	Proposed Lease Terms
Period:	Four (4) Years	Ten (10) Years
Commencement Date:	01/12/2018	01/12/2022
Expiry Date:	30/11/2022	30/11/2032
Options:	NIL	One (1) x Five (5) Years
Annual Rent:	$128,800 ex GST	$145,000 ex GST
Fixed Rent Review	3% annually on each anniversary of the lease commencement date	3% annually on each anniversary of the lease commencement date
Building Ownership:	BCC retains ownership and responsibility of all buildings and improvements within the lease area.
Maintenance Responsibilities:	BCC is responsible for all structural elements, building repairs and all maintenance issues on the land with the exception of the perimeter fence, which is owned and maintained by Council.

If included in a lease, an option to renew is a contractual right that can be exercised by the lessee/tenant, under the Retail Shop Leases Act 1994 and Property Law Act 1974. The right of the lessee to exercise the option is subject to certain conditions, including giving notice to the lessor that they wish to exercise the option during the timeframe specified in the lease (for example, between six and three months prior to the expiry of the lease) and not being in breach of the lease when they give notice that they wish to exercise the option. Provided that the lessee meets the conditions, the lessor must grant the lessee the option. The effect of an option being exercised is that the lessee continues to lease the premises on the same terms and conditions for the length of the option (for example, an additional three years).

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

Land Title Act 1994

RISK MANAGEMENT IMPLICATIONS

In April 2021 the Department of Transport and Main Roads (DTMR) contacted Council to advise that part of 2B Kenneth Street, Riverview has been mapped for the future Goodna Bypass Route and the upgrade to the interchange between the Ipswich Motorway, Cunningham Highway and Warrego Highway. DTMR also advise that the acquisition of land for the corridor is not currently planned under any funding.

Under the terms of the current lease only the Lessee can terminate the lease with one (1) month’s written notice, in the event of resumption proceeding on whole or part of the of lease area.

Property Services have advised BCC that should a new lease be entered into, there will be allowances within the Resumption clause for either party to terminate the lease without penalty. BCC acknowledges and accept this, subject to their own Council resolution.

HUMAN RIGHTS IMPLICATIONS

HUMAN RIGHTS IMPACTS
OTHER DECISION

(a) What is the Act/Decision being made?	The Recommendations resolve for Council to apply an exemption under 236(1)(c)(iii) of the Local Government Regulations 2012 for the renewal of a lease to an existing lessee and enter into a new Lease with Brisbane City Council for a ten (10) year term with an option period of a further five (5) years for the management and operation of an asphalt plant and activities associated with that purpose.
(b) What human rights are affected?	Human Rights are not affected as Brisbane City Council is a Local Government and only individuals have human rights. End of assessment.
(c) How are the human rights limited?	Not applicable.
(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?	Not applicable.
(e) Conclusion	The decision is consistent with human rights.

Financial/RESOURCE IMPLICATIONS

In accordance with Council’s Tenure Over Council Property Policy this tenancy will continue to generate a rental income for Council under a new Lease. The cost of managing and maintaining the buildings and improvements will continue to be borne by BCC.

Council will continue to bear the costs of maintaining the parameter fence.

COMMUNITY and OTHER CONSULTATION

In May 2022, BCC commenced discussions with Council on the possibility of a Lease extension and their desire to secure longer-term tenure over the asphalt plant site.

Property Services conducted internal stakeholder consultation with the Infrastructure and Environment Department, Corporate Services Department, and the Community, Cultural and Economic Development Department, where the following feedback was provided:

· Asset Services Branch supported the lease extension and suggested an offer of an initial three (3) year term with a further two (2) year option.

· Community and Cultural Services Branch provided their support with no objections to the renewal of the lease.

· Procurement Branch advised that it would be advantageous for Council to support the lease extension as local supply of asphalt from BCC is keeping the market extremely competitive and though they are not currently on Council’s Asphalt Supply Contract, Procurement expect this may change in the future.

Following on from internal stakeholder consultation, Property Services submitted a Letter of Offer to BCC for a three (3) year term with a further two (2) year option. BCC was agreeable to the proposed terms (subject to delegate approval) however expressed their desire in securing a longer term, proposing a ten (10) year term, with a five (5) year option.

Further comment was requested from internal stakeholders on the request of the longer term. Strong support was received from the Procurement Branch with no further comment or objection from other stakeholders.

Conclusion

It is recommended that Council support the new Lease to Brisbane City Council for a term of ten (10) years, with a five (5) year option by applying the exception under 236(1)(c)(iii) of the Local Government Regulation 2012. The new Lease will reflect the requirements of the Local Government Act 2009 and the Local Government Regulation 2012.

Attachments and Confidential Background Papers

1.	Current Lease Agreement to Brisbane City Council over Lease B in Lot 1 on RP215975 ⇩
2.	Survey Plan of Lease B in Lot 1 on RP215975 ⇩
3.	Title Search - Lot 1 on RP215975 ⇩

	CONFIDENTIAL
4.	Map of DTMR Future Corridor Planning

Bianca Gaudry

Senior Property Officer (Tenure)

I concur with the recommendations contained in this report.

Alicia Rieck

Acting Property Services Manager

I concur with the recommendations contained in this report.

Anthony Dunleavy

Manager, Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Matt Smith

General Manager Corporate Services

“Together, we proudly enhance the quality of life for our community”

Governance and Transparency Committee

Meeting Agenda

15 September

2022

Doc ID No: A8245295

ITEM: 7

SUBJECT: Procurement: 18997 South Station Rd, Raceview - Pavement Rehabilitation

AUTHOR: Category Specialist

DATE: 22 August 2022

Executive Summary

If Council is satisfied with the nominated supplier, the name of the supplier will be included in the Council’s resolution at Recommendation B.

RECOMMENDATION

A. That pursuant to Section 228 of the Local Government Regulation 2012 (Regulation), Council award Tender No. 18997 South Station Rd, Raceview – Pavement Rehabilitation.

RELATED PARTIES

There was no declaration of conflict of interest.

ifuture Theme

Vibrant and Growing

Purpose of Report/Background

The purpose is to seek approval of the recommendation listed in this report. Council released Tender 18997 South Station Rd, Raceview – Pavement Rehabilitation to the open market via Vendor Panel (VP311329) on Wednesday 15 June 2022 with a closing date of Tuesday 12 July 2022. On closing of the request for tender, three (3) tenders were received.

The works are located on South Station Road, Raceview between Harding Street and the car park entrance to the north. The scope consists of pavement reconstruction / rehabilitation including site works, earthworks, profiling, pavement works, surfacing, line marking, roadside furniture, environmental protection, minor landscaping, subsoil drainage and drainage structures.

Tenders were assessed by an evaluation scoring panel against an agreed set of evaluation criteria and weightings, taking into consideration the effectiveness of each tender submission and the level of detail provided.

It was determined by the evaluation scoring panel the supplier listed in Recommendation B possess the capabilities and capacity to meet Council’s requirements for pavement rehabilitation works at South Station Rd, Raceview. The supplier provided good examples of their previous pavement rehabilitation projects demonstrating a high level of experience with this type of work. They also demonstrated they have a good understanding of the requirements of the specification. The evaluation scoring members are confident they have the necessary expertise to meet the requirements of the contract, best value for money and recommends them for the award of the contract.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

RISK MANAGEMENT IMPLICATIONS

The risk to council if the recommendation within this report is not approved is that Council’s ability to complete the project would be compromised and further investment would be required to retender for services not currently within Council’s delivery capability.

HUMAN RIGHTS IMPLICATIONS

HUMAN RIGHTS IMPACTS
OTHER DECISION

(a) What is the Act/Decision being made?	The report recommends Council to enter into a contract with the supplier listed in Attachment 2 for South Station Rd, Raceview – Pavement Rehabilitation.
(b) What human rights are affected?	No Human rights are affected by this decision. This is because the tenders are all companies. Further, the subject matter of the contract will not impact on the human rights of any third parties.
(c) How are the human rights limited?	Not Applicable
(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?	Not Applicable
(e) Conclusion	The decision is consistent with human rights.

Financial/RESOURCE IMPLICATIONS

The cost estimate and spend analysis is outlined in Attachment 2.

COMMUNITY and OTHER CONSULTATION

The Infrastructure and Environment Department as the relevant contract owner have been consulted and agree with the proposal in this report and have endorsed Attachment 2.

Conclusion

It was determined by the evaluation panel the recommended supplier, as per Attachment 2, possesses the capability and capacity to meet Council’s requirement for the pavement rehabilitation works at South Station Rd, Raceview.

Attachments and Confidential Background Papers

1.	18997 Location Map ⇩

	CONFIDENTIAL
2.	18997 Recommendation to Award
3.	18997 Strategy and Tender Evaluation Plan

Gavin Wright

Category Specialist

I concur with the recommendations contained in this report.

Richard White

Manager, Procurement

I concur with the recommendations contained in this report.

Pedro Baraza

Construction Manager

I concur with the recommendations contained in this report.

Graeme Martin

Manager, Capital Program Delivery

I concur with the recommendations contained in this report.

Sean Madigan

General Manager - Infrastructure and Environment

“Together, we proudly enhance the quality of life for our community”

Governance and Transparency Committee

Meeting Agenda

15 September

2022

Doc ID No: A8241070

ITEM: 8

SUBJECT: Procurement: Cohga Weave Mapping Solutions

AUTHOR: Contracts Officer ICT

DATE: 18 August 2022

Executive Summary

RECOMMENDATION

B. That Council enter into a contractual arrangement (Council file reference number 19265) with Cohga Pty Ltd on a yearly or shorter basis as required for up to one (1) year at an approximate purchase price of $105,000.00 excluding GST over the one (1) year period.

RELATED PARTIES

Cohga Pty Ltd

Ipswich City Council

There are no conflicts of interest identified and declared in relation to the contents of this report.

ifuture Theme

Vibrant and Growing

Purpose of Report/Background

To ensure continuity of the necessary supply of a current key Council spatial integration solution.

Background

Cohga Pty Ltd (Cohga) is an IT solution company providing a vendor-independent, open systems technology business integration framework, Cohga Weave, that combines disparate information systems. Established in 2006, Cohga is headquartered in Melbourne VIC and is a well-reputed company, with its product offering being widely known and used across Australia.

The supplier’s proprietary Weave products have been in use at Council as part of Council’s spatial services tool suite since 2014 and have been provided to Council on an annual subscription basis. In December 2019, Council resolved to prepare and adopt a Quote Consideration Plan (QCP) under s230 of the Regulation to enter into a contract with Cohga for a 3-year term for the provision of the Cohga Weave products. The Cogha Weave Mapping solution subscribed to by Council includes licencing, infrastructure and support and maintenance. The current contract term expires on 30 September 2022.

The continued use of the current Cohga Weave products in place have been identified as being dependent on the recommendation outcome of the initial Discovery phase of an enterprise spatial solution by Council. As such, it would be counterproductive, costly and untimely to source and implement a new product which will potentially be superseded by the new enterprise solution. This renders Cohga the only supplier reasonably available for the ongoing provision of the spatial system integration solution currently in use by Council for the duration.

It is prudent to allow the renewal of the subscription for up to one (1) further year for the enterprise spatial solution Discovery phase to be completed and the recommendation outcome assessed.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

RISK MANAGEMENT IMPLICATIONS

The risk to Council if the recommendation within this report is not approved is that Council will not be able to continue receiving the operational benefit of the Weave Mapping Solution currently in use at Council whilst awaiting the Discovery phase recommendation outcome of the enterprise spatial solution being sought.

The Cohga Weave Mapping products have not been scoped as part of the core systems being addressed by Council’s iVolve Project, however the critical integration aspects of the replacement enterprise GIS system have been identified and form part of iVolve consideration to ensure optimal integration of the product into the core systems.

Accordingly, the risk of investing in this software for the proposed period of up to one (1) year is low as the product is required during the transition to the new spatial product and during the iVolve integration phase.

Application	iVolve Scope Alignment	iVolve Impact Rating	Impact Treatment
Cohga Weave Mapping Solutions (External and Internal).	Low – not scoped as part of core systems	Low	Not identified as being in the Core system, and the product is required during transition and integration phases.

HUMAN RIGHTS IMPLICATIONS

HUMAN RIGHTS IMPACTS
OTHER DECISION

(a) What is the Act/Decision being made?	Recommendations A and B state that Council enter into a contractual arrangement on a yearly or shorter basis as required for up to one (1) year with Cohga Pty Ltd for the continued provision of the Weave Mapping Solution.
(b) What human rights are affected?	No human rights are affected by this decision as the contracts will be with a Company. Further, the subject matter of the contract will not impact on the human rights of any third parties.
(c) How are the human rights limited?	Not applicable.
(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?	Not applicable.
(e) Conclusion	The decision is consistent with human rights.

Financial/RESOURCE IMPLICATIONS

There are no new resourcing or budgeting implications, as the Cohga Weave subscription is budgeted as an operational expense within the ICT Branch Budget. There are no additional financial implications.

This report seeks a resolution of Council for an approximate total cost of one hundred and five thousand dollars ($105,000.00) excluding GST if the subscription to the Cohga Weave Mapping Solution is continued as required for up to one (1) year.

COMMUNITY and OTHER CONSULTATION

The Procurement Branch has consulted with the Asset Services Branch and the ICT Branch who support the recommendations of this report. This report does not require community consultation.

Conclusion

In order for Council to receive continued provision of the functions performed by the Cohga Weave Solution as part of Council’s current spatial implementation, it is recommended that Council provide the requested approval in relation to the proposed contractual arrangement with Cohga Pty Ltd for up to the next one (1) year to allow for an outcome in relation to the implementation of an enterprise spatial solution.

Amanda Cowen

Contracts Officer ICT

I concur with the recommendations contained in this report.

Jacquie Whitham

ICT Category Manager

I concur with the recommendations contained in this report.

Richard White

Manager, Procurement

I concur with the recommendations contained in this report.

Brett McGrath

Manager, Asset Services

I concur with the recommendations contained in this report.

Sean Madigan

General Manager - Infrastructure and Environment

“Together, we proudly enhance the quality of life for our community”

Governance and Transparency Committee

Meeting Agenda

15 September

2022

Doc ID No: A8261610

ITEM: 9

SUBJECT: Procurement - Nicholas Street Precinct Carpark Upgrade

AUTHOR: Contracts Officer

DATE: 30 August 2022

Executive Summary

This is a report concerning the proposed upgrading of the Nicholas Street Precinct public car parking access systems. A previous report (14 February 2022 Ordinary Council meeting of
24 February 2022) was presented to Council for the same subject matter. Council resolved to enter into a contract with the supplier, under Section 235 (b) of the Local Government Regulation 2012.

The previous decision (24 February 2022) in relation to this matter is listed below:

RECOMMENDATION

A. That the previous decision of Council, as per Item 16.5 titled Nicholas Street Precinct Parking Access System Upgrade, adopted at the Council Ordinary Meeting of 24 February 2022, be repealed.

B. That pursuant to Section 235(a) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies as it is satisfied that there is only one supplier who is reasonably available for the provision of the products and services related to the upgrade to the existing SKIDATA parking access system in the Nicholas Street public carpark.

C. That Council enter into a contractual arrangement (Council file reference 18352) with Skidata Australasia Pty Ltd, at an approximate purchase price of $215,000.00 excluding GST over the entire term, being a term of two (2) years, with no options for extension.

RELATED PARTIES

SKIDATA Australasia Pty Ltd [ABN: 14 164 259 750] and Ipswich City Council. There were no declarations of conflicts of interest recorded.

ifuture Theme

Vibrant and Growing

Purpose of Report/Background

The current Nicholas Street Precinct public carpark access system is of a proprietary nature with SKIDATA Australasia Pty Ltd as the current specialised service supplier and the sole supplier of the existing Skidata parking access equipment. It is expected with the continued Ipswich CBD activation that the carpark will experience continued increased uptake by the public in 2022. In 2021 carpark utilisation experienced growth by up to 300%, and an increased trend is expected to continue as more events, food and retail offerings throughout the precinct come online in the future.

The proposed upgrades, summarised, will:

• enhance the carparks performance by reducing queuing and congestion, reducing touchpoints and improving customer experience.

• help ensure car park bay availability for genuine visitors and customers by assisting in prevention of the opportunity for fraudulent parking and misuse of parking tickets.

• provide future opportunities for improved carpark management such as internally nested areas for contract / permanent parkers thus maximising bays for customers in close proximity to entry / exit lifts.

• Provide improved parking validation solutions for future tenants.

The proposed upgrades will additionally modernise the carpark with a focus on customer / visitor experience utilising licence plate recognition (LPR) technology. This has the ability provide essentially a touchless experience for those accessing the carpark. There will be no requirement for physical tickets. On leaving the carpark the upgraded system will automatically recognise the vehicle registration or fees owing can be paid at exit boom gate by debit / credit card. For visitors parked less than the free period (currently three hours) there is no requirement to enter a ticket at exit boom gate, it will automatically open.

This will also provide future opportunity to link regular parking customers to an online account for managing parking fees. Overall traffic flow and congestion will be improved and provides a sustainable development opportunity for the asset and the community accessing the asset. Further it will complement the recent asset upgrades (as part of the development / construction activities of the Nicholas Steet Precinct) the carpark has already undergone.

The existing parking access system subject to the proposed upgrade, is a proprietary system and as such SKIDATA Australasia Pty Ltd is both the current specialised contracted maintenance service supplier (under Council contract 16056) and the sole supplier of the equipment required to upgrade the current system.

Legal/Policy Basis

This report and its recommendations are consistent with the following legislative provisions:

Local Government Regulation 2012

RISK MANAGEMENT IMPLICATIONS

There is minimal risk associated with the upgrade. The alternative options would require the sourcing of another complete access system, removal, and replacement of the current system infrastructure, at significantly more cost to Council. An alternative option being not to upgrade the current system at all.

HUMAN RIGHTS IMPLICATIONS

HUMAN RIGHTS IMPACTS
OTHER DECISION
(a) What is the Act/Decision being made?	The decision to enter into a contractual arrangement.
(b) What human rights are affected?	No human rights are affected as the contract is with a company/corporation and the subject matter of the contract will not affect human rights.
(c) How are the human rights limited?	Not applicable.
(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?	Not applicable.
(e) Conclusion	The decision is consistent with human rights.

Financial/RESOURCE IMPLICATIONS

The financial implications to Council are approximately $215,000.00 for all products and services related to the upgrade of the current system. Budget has been confirmed from internal stakeholder consultation. Quotations have confirmed approximate costings.

COMMUNITY and OTHER CONSULTATION

There was no community consultation required or undertaken. Significant internal stakeholder consultation has occurred confirming contents of the report.

Conclusion

The current Nicholas Street Precinct public carpark system is of a proprietary nature and any upgrade/s to the system would need to be undertaken by SKIDATA Australasia Pty Ltd: both the current specialised contracted maintenance service supplier and the sole supplier of the current equipment. The upgrade provides many benefits to Council, the Nicholas Street Precinct and the community. It will provide a modern contemporary parking access system that complements the overall current and future Nicholas Street Precinct.

Recent internal advice notes that application of Section 235 (b) is not appropriate on this occasion and additionally that Section 235 (a) of the Local Government Regulation 2012 is now to be applied. This report has been resubmitted to account for this change and to update the recommendations for resolution by Council.

Mark Benson

Contracts Officer

I concur with the recommendations contained in this report.

Juliana Jarvis

Goods and Services Category Manager

I concur with the recommendations contained in this report.

Richard White

Manager, Procurement

I concur with the recommendations contained in this report.

Sean Madigan

General Manager - Infrastructure and Environment

“Together, we proudly enhance the quality of life for our community”

Governance and Transparency Committee

Meeting Agenda

15 September

2022

Doc ID No: A8253380

ITEM: 10

SUBJECT: IVolve Project Quarterly Status Update

AUTHOR: Project Officer

DATE: 24 August 2022