Agenda of Ordinary Meeting - Monday, 11 November 2024

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL

HELD REMOTELY USING AUDIO VISUAL LINKS, AUDIO STREAMED ON THE COUNCIL WEBSITE AND IN THE COUNCIL CHAMBERS

ON MONDAY 28 OCTOBER 2024 AT 7:07PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

WEBCASTING STATEMENT

His Worship the Mayor, Councillor Todd Carney read a statement advising that Council Meetings are recorded and webcast.

ACKNOWLEDGEMENT OF COUNTRY

His Worship the Mayor, Councillor Todd Carney read an Acknowledgement of Country.

PRAYER

The Council Prayer was read by Rev Christine Bayliss-Kelly.

PRESENT – IN PERSON

His Worship the Mayor, Councillor Todd Carney, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Libby Austin, Kirstie Boerst, Robin Cook, Sue Day, Glenn Gardiner, Sabbie Kaur, Hollie McLean, Edwin Mifsud, Reece Nuttall, Vanessa Pollak, Faithe Skinner, Garion Thain and John Thain.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 9 October 2024

245 RESOLVED on the MOTION of Councillor Hollie McLean seconded Councillor John Thain that the minutes of the Ordinary Meeting of 9 October 2024 be confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

Mayoral Minutes

1 Vision for Mayoral Term

Councillor Ross Fowler OAM spoke in support of the Mayoral Minute.

246 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Ross Fowler OAM that the Mayoral Minute on Vision for Mayoral Term be received.

2 Passing of Jim Aitken OAM

Councillors Ross Fowler OAM, John Thain, Garion Thain and Hollie McLean spoke in support of the Mayoral Minute.

247 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Ross Fowler OAM that the Mayoral Minute on Passing of Jim Aitken OAM be received.

3 Passing of Dr. William 'Bill' Gayed

Councillor Ross Fowler OAM spoke in support of the Mayoral Minute.

248 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Ross Fowler OAM that the Mayoral Minute on Passing of Dr. William 'Bill' Gayed be received.

4 Penrith Panthers do us proud

Councillors Ross Fowler OAM, John Thain, Reece Nuttall and Garion Thain spoke in support of the Mayoral Minute.

249 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Ross Fowler OAM that the Mayoral Minute on Penrith Panthers do us proud be received.

5 Penrith wins Keep Australia Beautiful Awards for Resource Recovery

250 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Ross Fowler OAM that the Mayoral Minute on Penrith wins Keep Australia Beautiful Awards for Resource Recovery be received.

Reports of Committees

1 Report and Recommendations of the Resilience Committee Meeting held on 21 August 2024

251 RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Sue Day that the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 21 August, 2024 be adopted.

2 Report and Recommendations of the Heritage Advisory Committee Meeting held on 28 August 2024

252 RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Sue Day that the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 28 August, 2024 be adopted.

DELIVERY PROGRAM REPORTS

Outcome 3 - We plan and shape our growing City

1 Draft St Marys Town Centre Master Plan for Public Exhibition

253 RESOLVED on the MOTION of Councillor Garion Thain seconded Councillor Reece Nuttall

That:

1. The information contained in the report on Draft St Marys Town Centre Master Plan for Public Exhibition be received.

2. Council endorse the draft St Marys Town Centre Master Plan to be publicly exhibited in November 2024 for a period of at least 4 weeks.

3. The General Manager be delegated authority to make minor changes to the draft St Marys Town Centre Master Plan document to correct any typographical errors and the like before exhibition commences.

Outcome 4 - We manage and improve our built environment

2 Local Traffic Committee - Out of Session Items

254 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain

That:

1. The information contained in the report on Local Traffic Committee - Out of Session Items be received.

2. The recommendations of the Local Traffic Committee for the reports distributed electronically to voting members on Wednesday 28 August 2024 be adopted.

Outcome 5 - We have open and collaborative leadership

3 Councillor Forums and Representations on Working Parties

255 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Councillor Forums and Representations on Working Parties be received.

2. Council form and nominate representatives to the seven working parties being:

a. Domestic Waste Service Working Party - Councillors John Thain and Edwin Mifsud, Sue Day, Vanessa Pollak and Reece Nuttall.

b. Floodplain Management Working - Councillors Glenn Gardiner, Faithe Skinner, Reece Nuttall and Hollie McLean.

c. Library Services Working Party - Councillors Robin Cook, Kirstie Boerst, Vanessa Pollak and Sabbie Kaur.

d. Major Projects Working Party - Councillor Garion Thain, Edwin Mifsud, Libby Austin, Hollie McLean, Ross Fowler OAM, Reece Nuttall and Vanessa Pollak.

e. Multicultural Working Party - Councillors Sabbie Kaur, Libby Austin, Robin Cook.

f. Recreation Working Party - Councillors Edwin Mifsud, Libby Austin, Kirstie Boerst, Vanessa Pollak, Hollie McLean and Sabbie Kaur.

g. Recruitment and Performance Review Panel – Mayor, Deputy Mayor, Ross Fowler OAM, Garion Thain, Hollie McLean and Glenn Gardiner.

for the term in which Councillors hold public Office.

3. Council retitle the Domestic Waste Service Working Party to ‘Waste Strategy Working Party”.

4 Councillor Representation on Controlled Entities, Internal and External Committees and External Organisations

256 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Councillor Representation on Controlled Entities, Internal and External Committees and External Organisations be received, and the information on the Ordinary Council Meeting be noted.

2. The information on the Policy Review Committee Meeting be noted.

3. The information on Councillor Briefings be noted.

4. Council appoint Councillors Garion Thain, Hollie McLean and Faithe Skinner to the Access Committee for the term in which the Councillors hold public office.

5. Council appoint Councillor Ross Fowler OAM to the Audit, Risk and Improvement Committee (ARIC) that is not the Mayor, as a non-voting delegate, for the term in which the Councillor holds public office.

6. Council appoint Councillors Garion Thain and Libby Austin to the Heritage Advisory Committee, for the term in which the Councillors hold public office.

7. The information on the Penrith International Friendship Committee be noted.

8. All Councillors be invited to attend the Penrith Community Safety Partnership.

9. Council appoint Councillors Glenn Gardiner, Faithe Skinner, Reece Nuttall and Hollie McLean to the Floodplain Risk Management Committee, for the term in which the Councillors hold public office.

10. The information on Resilience Committee be noted.

11. Council nominate Councillors Kirstie Boerst, Ross Fowler OAM and Robin Cook as Directors on the Board of Penrith Performing and Visual Arts Limited, for the term in which the Councillors hold public office.

12. Council appoint Councillors Ross Fowler OAM, Sue Day and Vanessa Pollak to the Penrith City Children's Services Co-operative Ltd, for the term in which the Councillors hold public office.

13. Council appoint Councillor Glenn Gardiner to the Cumberland Bush Fire Management Committee, for the term in which the Councillor holds public office.

14. Council appoint Councillors Glenn Gardiner and Faithe Skinner to the Cumberland Rural Fire Service Zone Liaison Committee, for the term in which the Councillors hold public office.

15. Council appoint Councillor Reece Nuttall as the voting delegate to the Local Traffic Committee for the term in which the Councillor holds public office, and delegate to the General Manager authority to nominate an alternative voting delegate, who will be a Council staff member.

16. Council appoint Councillor Vanessa Pollak as the primary representative and Councillor Libby Austin as the alternative representative, to the Penrith Valley Sports Foundation, for the term in which the Councillor holds public office.

17. Council appoint the Mayor of the day to the Western Sydney City Deal - Leadership Group for the term in which the Mayor holds public office.

18. Council appoint the Mayor of the day to The Parks - Mayoral Forum, for the term in which the Mayor holds public office.

19. Council appoint the Mayor of the day to the Fernhill Estate Community Trustee Board, for the term in which the Mayor holds public office.

20. Council note Councillor Todd Carney’s membership to the Strategic Advisory Committee of National Growth Areas Alliance.

21. Council appoint Councillors Glenn Gardiner, Faithe Skinner, Reece Nuttall and Hollie McLean to the Floodplain Management Australia, including two voting delegates, for the term in which the Councillors hold public office.

22. Council appoint Councillor Ross Fowler OAM as the primary representative and Councillor Reece Nuttall as the alternative representative to the Sydney Western City Planning Panel, for the term in which the Councillors hold public office, and Council delegate authority to the General Manager to nominate a staff member and alternative staff member to the Panel.

23. Council nominate Councillor John Thain as a Director on the Board of Penrith Valley Regional Sports Centre Limited, for the term in which the Councillor holds public office.

24. Council nominate Councillor Reece Nuttall as a Director on the Board of the Penrith CBD Corporation, for the term in which the Councillor holds public office.

25. Council nominate Councillor Garion Thain as a Director on the Board of St Marys Town Centre Corporation, for the term in which the Councillor holds public office.

26. Council appoint Councillor Libby Austin as the primary representative and Councillor Reece Nuttall as an alternative representative to the Western Sydney Academy of Sport Advisory Forum, for the term in which the Councillors hold public office.

5 Audit, Risk and Improvement Committee

257 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Faithe Skinner that the information contained in the report on Audit, Risk and Improvement Committee be received.

6 Draft Financial Statements 2023-24

258 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain

That:

1. The information contained in the report on Draft Financial Statements 2023-24 be received.

2. Pursuant to s413(2)(c) it is the Council's opinion that:

a. The Financial Statements and schedules have been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, the Local Government Australian Infrastructure Management Guidelines, and Australian Accounting Standards. The Statements comply with Australian Statements of Accounting Concepts.

b. The Financial Statements present fairly the Council's financial position as at 30 June 2024 and the operating result for the year then ended.

c. The statements are in accord with Council's accounting and other records.

3. Pursuant to the Local Government Code of Accounting Practice and Financial Reporting and Section 215 of the Local Government (General) Regulation 2005 it is the Council's opinion that:

a. The accompanying Special Purpose Financial Report has been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting and the requirements of National Competition Policy. The Code requires the inclusion of various charges and subsidies which are not actually paid or payable.

b. The Special Purpose Financial Report is a special purpose report and is not required to comply with Australian Accounting Standards. The above legislative requirements differ from Australian Accounting Standards and hence the report does not comply with Australian Accounting Standards.

c. The Special Purpose Financial Statements present a modelled scenario for comparative purposes. They do not report an actual result.

4. The Statements be forwarded to Council's Auditors for completion of the audit.

5. The Financial Statements be placed on public exhibition following the completion of the audit.

6. A further report be presented to Council following the public exhibition period.

7 Penrith City Council State of Our City Report

259 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Sue Day that the information contained in the report on Penrith City Council State of Our City Report be received.

8 Draft Community Engagement Strategy and Participation Plan 2024-28 - Endorsement for Public Exhibition

260 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Sue Day

That:

1. The information contained in the report on Draft Community Engagement Strategy and Participation Plan 2024-28 - Endorsement for Public Exhibition be received.

2. The Draft Community Engagement Strategy and Participation Plan 2024-28 be publicly exhibited for 28 days prior to being presented to Council for endorsement.

9 Pecuniary Interest Returns (Annual and First Returns) 2023 -2024

261 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Sue Day

That:

1. The information contained in the report on Pecuniary Interest Returns (Annual and First Returns) 2023 -2024 be received.

2. All Pecuniary Interest Returns (Annual and First) lodged be made publicly available in accordance with the requirements of the Government Information (Public Access) Act 2009 subject to appropriate redactions.

10 Summary of Investments and Banking for the period 1 August 2024 - 31 August 2024

262 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Sue Day

That:

1. The information contained in the report on Summary of Investments and Banking for the period 1 August 2024 - 31 August 2024 be received.

2. The Council’s Cash Book and Bank Statements have been reconciled as at 31 August 2024.

11 Summary of Investments and Banking for the period 1 September 2024 - 30 September 2024

263 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Sue Day

That:

1. The information contained in the report on Summary of Investments and Banking for the period 1 September 2024 - 30 September 2024 be received.

2. The Council’s Cash Book and Bank Statements have been reconciled as at 30 September 2024.

URGENT BUSINESS

Councillors Vanessa Pollak and Sabbie Kaur made statements reflecting on their election to Council.

Committee of the Whole

264 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:08pm.

1 Presence of the Public

CW1 RESOLVED on the motion of Councillor John Thain seconded Councillor Ross Fowler OAM that the press and public be excluded from Committee of the Whole to deal with the following matters:

Outcome 5

2 Proposed Easement over Chapman Gardens, Second Avenue Kingswood

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

3 Compulsory Acquisition by Council - 2141 Elizabeth Drive Luddenham

The meeting resumed at 8:10pm and the General Manager reported that the Committee of the Whole met at 8:08pm on Monday 28 October 2024, the following being present

and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.

CONFIDENTIAL BUSINESS

2 Proposed Easement over Chapman Gardens, Second Avenue Kingswood

265 RESOLVED on the MOTION of Councillor Glenn Gardiner seconded Councillor Faithe Skinner

CW2 That:

1. The information contained in the report on Proposed Easement over Chapman Gardens, Second Avenue Kingswood be received.

2. The creation of the easement be undertaken in accordance with the terms of this report and that the Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or his delegate) be authorised to sign all necessary legal documents in relation to this matter.

3. The compensation received be allocated to the Property Reserve.

3 Compulsory Acquisition by Council - 2141 Elizabeth Drive Luddenham

266 RESOLVED on the MOTION of Councillor Hollie McLean seconded Councillor Vanessa Pollak

CW3 That:

1. The information contained in the report on Compulsory Acquisition by Council - 2141 Elizabeth Drive Luddenham be received.

2. The following land be acquired by agreement under the Land Acquisition (Just Term Compensation) Act 1991 (NSW) by authority contained in the Local Government Act 1993 (NSW) for the purposes of Local Open Space and Drainage:

a. Proposed acquisition Lot 103 DP1296663 having an area of 3.982Ha.

3. The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager be authorised to sign all necessary legal documents in relation to this matter.

ADOPTION OF Committee of the Whole

267 RESOLVED on the MOTION of Councillor Libby Austin seconded Councillor Sabbie Kaur that the recommendation contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

There being no further business the Chairperson declared the meeting closed the time being 8:12pm.

Ordinary Meeting 11 November 2024

Magnetic Places Grant - 2023-24 Outcomes and 2024-25 Recommendations

Compiled by: John Le, Cultural Engagement Officer - Neighbourhood Renewal

Natalie Wadwell, Neighbourhood Renewal Lead

Heather Chaffey, Community Resilience Program Manager

Authorised by: Marcella Kelshaw, Head of City Activation, Community and Place

Sandy Davies, Director Community Connection

Outcome	We are welcoming, healthy, happy, creative and connected
Strategy	Support and provide opportunities to participate in activities and events that celebrate our diversity, culture and creativity
Principal Activity	Support and implement initiatives which contribute to culture and creativity across our City

Executive Summary

This report recommends four projects for funding through the Magnetic Places Grant (Magnetic Places) 2024-25. This grant is part of Council’s Community Funding Program within the Creative Communities stream. Magnetic Places is a celebrated grant that positions Penrith City as an innovator in community-driven placemaking.

The total funding available through Magnetic Places is $50,000. Applications to the Magnetic Places 2024-25 round opened on 26 August and closed on 20 September 2024. A total of 7 submissions were received with a total funding request of $94,754.

The assessment panel reviewed all applications against the eligibility criteria and have made recommendations for Council’s consideration. The recommended projects include a total funding request of $47,834.

Projects recommended for funding are included in this report.

Projects not recommended for funding are summarised in Appendix 1.

Council officers recommend the remaining funds, $2,166, be utilised by the project team to promote the program, its funded projects, and the 2025-26 round.

The report also provides Council with an overview of the community outcomes achieved through projects funded by Magnetic Places in 2023-24. Four projects were funded and acquitted by 30 September 2024. Overall, this program enabled 23 workshops that increased more than 200 residents access to creative expression.

Background

The Community Funding Program aims to achieve social and cultural outcomes by funding a diverse range of activities, programs, events, and projects that support strong and connected communities that are thriving, vibrant, and creative.

Magnetic Places Grants are delivered annually through Council’s Neighbourhood Renewal Program (the Program). The Neighbourhood Renewal team works with communities to improve wellbeing and infrastructure in key neighbourhoods. The Program was developed in 2006 as part of Council’s Established Areas Strategy. Council recognised the importance of building community within older established neighbourhoods, who experience higher levels of socio-economic disadvantage and some of which are rural. The Program works in direct partnership with residents and stakeholders to address socio-economic priorities and infrastructure needs in key neighbourhoods.

The Magnetic Places Grant was developed in 2007 to support creative arts activities that magnify resident stories, provide opportunity for creative expression and activate locations across key neighbourhoods.

Since its inception, Magnetic Places has funded 111 projects that celebrated collaboration, creativity and culture. Many residents across key neighbourhoods have contributed to these transformative projects led by professional artists and community service organisations.

The Magnetic Places Grant was reviewed as part of the Community Grants Program in 2023-24. The 2024-25 round is the first year the grant has been delivered in this renewed form.

Outcomes of Magnetic Places projects delivered in 2023-24

In 2023-24, four projects were funded through Magnetic Places. Projects offered residents the opportunity to engage in various artforms, including textile installation, video, lantern making and ceramics.

These projects delivered a total of 23 workshops, involving more than 200 community members, and led to quality artistic outcomes that fostered connection and pride within the community. The four Magnetic Places projects supported in 2023-24 were:

1. A Place for Us - Felix Jackson

A group of people sitting on the floor

Description automatically generated A quilt with many pieces of fabric on it

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A Place for Us was a community art project for trans and gender diverse youth in Penrith. The project created a safe space for local trans young people to gather and contribute to a collaborative textile artwork. Feedback from participants emphasised the increased sense of community and gratitude for providing safe spaces where trans youth could connect. The artwork serves as a tangible record of their time spent together and weaves together stories of place, identity and belonging.

2. Lanterns on the Nepean - Kassandra Bossell

A series of lantern making workshops were led by artist Kassandra Bossell across Kingswood Park, Llandilo and North St Marys. Approximately 95 students from Kingswood Park Public School, Llandilo Public School and Chifley College Dunheved participated in designing and crafting lanterns that represented their identities and stories. The workshops culminated in a celebratory Lantern Parade at Werrington Lake. The parade attracted over 90 community members who came to support and watch the beautiful creations in the parade. Participants of the project highlighted learning new artmaking skills, increased self-confidence and enjoyment in collaborating with others.

A room with tables and chairs

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A group of people holding lanterns

Description automatically generated A group of people walking on a path

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3. Stories from Queen Street - Penrith Performing and Visual Arts

Stories from Queen Street is a documentary with small business owners from Queen Street, St Marys. Penrith Regional Gallery collaborated with Curiousworks to undertake research and community engagement in the development of this artwork. During a time of significant transformation in the area, the film captured diverse business owner’s vision for the future. The film was presented at a private screening and during the St Marys Spring Festival in September.

Feedback from participants included an increased sense of connection to other businesses in St Marys, expanded social and business networks, increased visibility through social media and marketing, and anecdotally, an increase in business because of the film.

The film can be viewed on Penrith Regional Gallery’s website at: https://www.penrithregionalgallery.com.au/events/stories-from-queen-street/

4. Wianamatta South Creek Tile Project - Diamando Koutsellis

A mural on a brick wall

Description automatically generated A group of people painting a wall

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Artist Diamando Koutsellis led tile imprinting workshops with St Marys community members at the local public school and Village Café. Each tile contributed to a public mosaic artwork installed on the West Lane amenities block in St Marys. The artwork depicts St Mary’s natural environment and animals, emphasising the importance of local surroundings. The response from community to the artwork has been overwhelmingly positive with the project successful in its aim of fostering connection and environmental awareness.

Recommendation for 2024-25 projects

This is the first Magnetic Places Grant round under the revised funding guidelines that were endorsed by Council in July 2024. Magnetic Places continues to fund creative arts activities that magnify resident stories, provide opportunities for creative expression and activate locations across key neighbourhoods.

Magnetic Places was open for applications over four weeks between 26 August 2024 and 20 September 2024.

During this time Council actively promoted the grant opportunity through a paid social media and email campaign was delivered by ArtsHub, the primary online resource for the Australian arts sector. The program was also promoted via Council’s website, social media, local community service interagencies and other networks.

Council officers received 15 enquiries from artists and organisations and 7 applications were received.

Eligibility and assessment criteria

The be eligible for this grant, proposed Magnetic Places projects must be delivered in and be open to residents living in one or more key neighbourhoods. Eligible applicants can include professional artist/s with an ABN, non-government organisations, incorporated groups and unincorporated groups that are auspiced by an incorporated organisation.

The total funding available through Magnetic Places 2024-25 is $50,000. The seven applications received in 2024 requested a total combined funding of $94,754. Eligible applications were assessed against the following criteria:

1. Grant application demonstrates the capacity and experience of the applicant to deliver the proposed activity.

2. Grant application outlines how the proposed activity will share and celebrate local stories through co-authored art activities with the community.

3. Grant application demonstrates how the proposed activity will increase and broaden community participation.

4. Grant application outlines how the proposed activity will activate, transform and/or animate public spaces.

Applications were submitted online via SmartyGrants. Assessment of applications was conducted by a panel and ranked against the selection criteria. This process is aligned with the Community Funding Program endorsed by Council on 22 July 2024. This competitive assessment led the panel to recommend four projects to Council for funding and this represents a total funding request of $47,834. These projects are outlined in Table 1 below.

Table 1 – Summary of recommended successful applicants 2024 – 2025

Project 1	Bird Life
Applicant	DIAMANDO KOUTSELLIS
Focus location/s	St Marys, Queen St or West Lane
Description	In 2024, the artist created an artwork for one side of the amenities block. During the installation, overwhelmingly positive feedback was received from the wider community. This success has inspired many to ask for a project on the opposite wall. The broader community, including attendees of St Marys Easter Fair Day and young people from Community Junction, will collaborate with professional artist Diamando Koutsellis to create a hand-made tile public art project, which will be installed in a public space in St Marys. Pending Council endorsement, Council staff will collaborate with the artist to secure an installation site. Two suitable sites on Queen St and West Lane are being investigated.
Requested funding	$13,971
Recommended funding	$13,971
Project 2	Cranebrook Family School Holiday Program - 2025
Applicant	LINK WENTWORTH HOUSING LIMITED
Focus location	Cranebrook
Description	This project is a collaboration between Link Wentworth Community Housing, Barnardo’s, Nepean Community Neighbourhood Services Koolyangarra Family Services and local artists (Danielle Rawnsley-Galistan and Corey Lonsdale). The partnership will deliver a series of school holiday storytelling workshops that will result in painting canvases and a fence mural. A launch event will celebrate residents’ contributions in creating a better local neighbourhood for their community. This project is designed to foster stronger relationships, a sense of ownership and community pride while transforming shared spaces.
Requested funding	$15,000
Recommended funding	$15,000
Project 3	Stories of Resilience: the frustration, determination and smiles of people with disability in Penrith & St Marys
Applicant	NAOMI OLIVER
Focus location	North St Marys, St Marys
Description	Led by multimedia artist Naomi Oliver in collaboration with the No Boundaries art group to engage people with disabilities in North St Marys. Participants will create digital artworks through a series of workshops that reflect their personal stories culminating in an outdoor exhibition and celebration that will feature a collaborative art film that transforms public space into a gallery of local voices. The project aims to empower participants by providing them with creative technical skills in digital drawing, photography, animation, and sound/music making, whilst also providing social connection.
Requested funding	$11,363.29
Recommended funding	$11,363
Project 4	UnVoiced: Queer Youth Podcasting
Applicant	MATRIARK THEATRE INCORPORATED
Focus location	Cambridge Park, Kingswood, St Marys
Description	Matriark Theatre and Headspace Penrith will deliver an 8-week audio storytelling and podcasting program for LGBT+ youth (years 9-12). By the end of the program, participants will have produced a 3 episode podcast and audio story trail (with stories on hidden QR codes across the LGA) focused on the experiences of queer youth in Penrith. This podcast will be available over Spotify/Apple, local radio and on social media. Both the podcast and audio trail will be launched to coincide with Pride Month.
Requested funding	$7,500
Recommended funding	$7,500
Total funding allocated	$47,834 (of $50,000 available)

Appendix 1 lists applications that the assessment panel have not recommended to Council for funding.

Applications not recommended for funding have either not scored as highly against the assessment criteria as the recommended applications or have incomplete or insufficient information. Grant Administrators will provide feedback and support to unsuccessful applicants where needed. Where appropriate, other funding sources and opportunities to collaborate will also be identified.

Financial Implications

Funding of up to $50,000 is available within the existing budget for delivery of the 2024-25 Magnetic Places Grant and is included in the 2024-25 Operational Plan. It is recommended that $47,834 is allocated as summarised in Table 1. The remaining $2,166, to be used to support the program and promote the 2025-26 round.

Risk Implications

Successful applicants must comply with Council's policies and funding agreements as a condition of receiving the grant, including maintaining Public Liability Insurance. Council officers will work closely with successful applicants to review project activities and mitigate risks to the community.

Conclusion

The 2023-24 Magnetic Places Grants supported over 200 residents in fostering community connection and creative expression through four projects. These initiatives have enriched participants’ experiences of their neighborhoods and increased creative participation.

For the 2024-25 period, four of seven submissions are recommended for funding. Pending Council endorsement of the assessment panel’s recommendations, $47,834 of the $50,000 budget will be allocated.

This will engage a diverse range of community members and further establish Penrith City as a leader in community-driven placemaking and creative neighborhoods. It is recommended the remaining funds totaling $2,166 be utilised by the project team to promote the program, its funded projects, and the 2025-26 round.

RECOMMENDATION

That:

1. The information contained in the report on Magnetic Places Grant - 2023-24 Outcomes and 2024-25 Recommendations be received.

2. The four projects (Table 1) recommended by the assessment panel for Council to fund are endorsed.

ATTACHMENTS/APPENDICES

1. ⇩

Magnetic Places 2024-25 - Unsuccessful Applicants

1 Page

Appendix

Ordinary Meeting 11 November 2024

Request for Major Event Sponsorship - Elite Energy Pty Ptd

Compiled by: Shelley Lee, Activation and Event Development Officer

Beau Reid, Place and Activations Program Manager

Authorised by: Marcella Kelshaw, Head of City Activation, Community and Place

Sandy Davies, Director Community Connection

Outcome	We are welcoming, healthy, happy, creative and connected
Strategy	Support and provide opportunities to participate in activities and events that celebrate our diversity, culture and creativity
Principal Activity	Conduct and support events that include all members of our community

Executive Summary

The purpose of this report is to present to Council an event sponsorship proposal received from Sports Marketing Australia Pty Ltd on behalf of Elite Energy Pty Ltd seeking sponsorship of the 2025 Redline Games Western Sydney.

This report provides Council with details of the sponsorship proposal received, including the proposed sponsorship benefits and an assessment of the sponsorship proposal.

Sports Marketing Australia Pty Ltd (SMA) has submitted a proposal on behalf of Elite Energy Pty Ltd (the event organiser) for sponsorship from Council for the 2025 Redline Games Western Sydney to be held at the Sydney International Regatta Centre (SIRC) from 28 – 30 March 2025. The 2025 Redline Games Western Sydney is a multi-day sports event that has been positioned for significant growth in its third year with the intention to consolidate it as a major feature on the event calendar in Penrith.

Elite Energy Pty Ltd has sought a total sponsorship investment from Council of $32,750 (plus GST) in the form of sponsorship of $30,000 (plus GST) to Elite Energy Pty Ltd and a $2,750 (plus GST) placement fee to Sports Marketing Australia Pty Ltd. Council officers have estimated the event could deliver approximately $6,000,000 in local economic benefit.

This report recommends that Council provides sponsorship of $20,000 (plus GST) to Elite Energy Pty Ltd, plus a $2,750 (plus GST) placement fee to Sports Marketing Australia Pty Ltd in support of the 2025 Redline Games Western Sydney, representing a total investment from Council of $22,750 (plus GST).

Background

Council endorsed the Events Sponsorship Policy (‘the Policy’) in June 2020. The Policy includes criteria for Major Event Sponsorship.

Council endorsed the Think Penrith, Think Events – Penrith Events Strategy 2020-2024 on 22 June 2020. The Events Strategy provides for up to $200,000 annually to support the attraction and retention of major events in the Penrith Local Government Area via the Penrith Events Partnership Program.

Council was approached on 6 September 2024 by SMA, one of Australia’s leading event placement companies, on behalf of Elite Energy Pty Ltd to consider sponsorship of the 2025 Redline Games Western Sydney to be held at SIRC from 28 – 30 March 2025.

Current Situation

The sponsorship proposal received from SMA on behalf of Elite Energy Pty Ltd for the 2025 Redline Games Western Sydney requests a total Council investment of $32,750 (plus GST).

This is in the form of sponsorship of $30,000 (plus GST) to assist with venue hire fees, marketing to target out of region visitors, infrastructure to improve competitor and spectator experiences and to increase festival capacity and assist with event delivery. A service fee of $2,750 (plus GST) is paid by the sponsor directly to SMA to negotiate sponsorship agreements on the event organiser’s behalf. SMA operates nationally and works with many local governments. It holds several event accounts that are advantageous to Council, particularly in peak sporting organisations that run events that match Penrith Local Government Area infrastructure. Council has benefited from the placement of SMA aligned events over many years.

Further details on the event are provided below:

2025 Redline Games Western Sydney

The 2025 Redline Games Western Sydney is a 3-day multi-sports event planned to be held at the Sydney International Regatta Centre (SIRC) from 28 – 30 March 2025. The Redline Games in its in third year, with the inaugural event held at SIRC.

Following the success of the first Redline Games Western Sydney, the organisers have indicated their desire to continue to build and grow the event as a marquee sporting and lifestyle event for Western Sydney, with a preference to continue to base the event at the Sydney International Regatta Centre (SIRC).

The event organiser has pursued a business strategy in 2025 of working with numerous peak sporting organisations and events to identify suitable competitions to bring into the Redline Games, to bolster participation and variety of activity available at the event, as well as build the event’s ongoing sustainability over time. The following events will now be included in the Redline Games for the first time in 2025:

• YOHKA 10km and 100m Obstacle Racing

• YOHKA Tag

• NSW Anglican School Championships

• AusCycling

Returning will be

• All Schools Triathlon including the NSW Anglican School Championships, Christian Schools Sports Association Schools Triathlon and Hills Zone Schools Triathlon

• Nepean Triathlon Enticer, Nepean Triathlon Kids and Nepean Triathlon Classic

• Sydney Corporate Teams Triathlon

• NSW Coastal Rowing

• NSW Clubs Dragon Boat Championships

• Redline Running Festival

• Australian Super Sprint Triathlon Championships

• Rock n Run Festival

• Open Water Swimming

• Cycling Criteriums

• NSW Break Dancing Series

• Redline Road Racing

The increasing cost of event infrastructure, including the hiring fees for SIRC, has been cited as becoming progressively unaffordable for smaller organisations who have previously held their events at the facility. The multi-day, multi-sport model offered by the Redline Games supports the sustainable continuation of smaller niche events like those listed above within Penrith.

In addition to the aforementioned events, returning to the 2025 program the Redline Games will also showcase a 3-day sport industry expo, food trucks, DJs and bands and roving performers across the site.

The organisers of the 2025 Redline Games Western Sydney are anticipating that they will attract 8,785 participants and 4,392 spectators over 3 days and expect that the average length of stay in Penrith will be 2 nights, outlined further below:

• 8,785 participants (1,757 local, 5,710 other NSW, 1,318 interstate)

• 4,393 spectators (878 local, 2,855 other NSW, 660 interstate).

Based on the projected event visitation, Council has estimated the economic benefit of the scheduled event to the local economy is approximately $6,000,000.

Previous sponsorship to Elite Energy Pty Ltd and Nepean Triathlon Incorporated

Elite Energy Pty Ltd has previously been sponsored to the value of $7,500 (plus GST) in support of the 2023 Redline Games and $20,000 (plus GST) in 2024.

Council has also previously provided sponsorship of Nepean Triathlon Incorporated in support of the annual Nepean Triathlon to the value of $7,000 in 2009-2010, $8,000 between 2011-2014, 2017-2019 and 2022, $8,500 in 2015-2016 and $4,000 in 2020. The rights to the Nepean Triathlon were purchased by Elite Energy Pty Ltd in 2023 and the event now forms part of the Redline Games program.

Proposed Sponsorship Benefits

The sponsorship opportunities presented by Elite Energy Pty Ltd for the 2025 event would provide Council and the community of Penrith with several benefits including:

• Opportunity for a joint media release acknowledging Council as a sponsor

• Mayor (or delegate) welcome and/or presentation at the event

• Council logo inclusions on all marketing channels including but not limited to all event artwork, digital channels, video end boards, flyers, socials and outboard advertising

• 6 x pre-event social media posts on event specific channels in the lead up to the event and 4 x social media post event (content supplied by Council)

• 4 x Electronic direct mail (EDM) and other digital content advertising Penrith as a destination provided to registered event attendees and on event website (content provided by Council)

• 6 x acknowledgements (2x a day) of Council as a sponsor throughout event via Master of Ceremony (content provided by Council)

• 5 x signage opportunities through event site (signage provided by Council)

• All social posts advertising the event to include the ‘Visit Penrith’ hashtag

• A ‘what to do in Penrith’ page on Redline Games website, linking through to the ‘Visit Penrith’ website (content provided by Council)

• 4 x tickets (entry fees provided) – to be able to host a competition giveaway to the community

• Opportunity to provide a full-page advertisement

• 4 x TVC video advertisements played throughout event and livestream per event day (supplied by Council)

Assessment of sponsorship proposal

The sponsorship proposal has been assessed against Council’s Events Sponsorship Policy criteria for Major Event Sponsorship.

The event encourages community involvement and partnership, overnight visitation to the Penrith Local Government Area and has positive economic benefits to the local Penrith economy that exceed the total cost of running each event. Council officers have estimated the event could deliver approximately $6,000,000 in local economic benefit.

This estimate is calculated using data provided by the applicant including participant numbers and type of participation expected during the event (e.g. overnight or day stay). The Tourism Research Australia tool is then used to input the data provided by the applicants. This tool is used by Destination NSW to set the standard rates of economic impact per visitor per event. This information is then inputted into the Profile ID Event Impact Calculator to determine the return on investment for each event.

The event is in its third year and the organisers have made a considered and determined effort to grow their offering and secure the viability of the event into the future, with a focus on regional events with local connections and resonance.

A $20,000 (plus GST) investment is considered appropriate to assist the organisers to continue to build brand awareness of the event and maximise out of region visitation to Penrith.

The event organisers have presented a strategic business plan as part of their application for sponsorship which demonstrates a commitment to continuing to grow and develop the event in Penrith over the long term. The organisers plan to continue to expand the event offering and foster greater participation levels in individual sports, which in turn aims to drive additional overnight visitation to Penrith over the coming years.

The 2024 Redline Games was the first edition of the event run under the new operating model focussed on the inclusion of several established sporting competitions brought together under one overarching event.

Since its inception in 2023, the event has experienced remarkable growth, increasing from 3,200 participants and spectators in its first year to 8,168 in 2024. For 2025, attendance is projected to reach approximately 13,177. Over the past two years, the event has contributed more than $5 million to the Penrith local economy.

Financial Implications

The Penrith Events Partnership Program provides up to $200,000 annually to fund major and community events in the Penrith Local Government Area. This funding is available within the existing City Activation, Community and Place budget included in Council’s 2024-25 Operational Plan.

To date for this financial year, Council has endorsed a total of $4,500 (excl GST) worth of major and community event sponsorships.

In addition, $64,700 of sponsorships were adopted by Council in the 2023-24 financial year which will be paid in 2024-25 financial year after the events have occurred and conditions of the Sponsorship funding have been met, leaving $130,800 remaining in the 2024-25 Event Sponsorship Program budget.

Should Council adopt this proposal to fund the 2025 Redline Games for a total of $22,750 (excl GST) as recommended, the resulting funds available in the sponsorship budget would be $108,050.

Risk Implications

If the sponsorship is endorsed, Council will enter into a sponsorship agreement with Elite Energy Pty Ltd to detail the expected sponsorship benefits to be delivered to Council and the community in exchange for Council’s investment.

Conclusion

A request for sponsorship has been received from SMA on behalf of Elite Energy Pty Ltd to support the 2025 Redline Games Western Sydney to be held at SIRC from 28 – 30 March 2025.

The request seeks a total of $32,750 (plus GST), which consists of $30,000 (plus GST) to Elite Energy Pty Ltd and $2,750 (plus GST) to SMA as a placement fee. It is estimated that the return to the community of Penrith from the event could be in the order of $6,000,000 in economic benefit.

Council officers have assessed the proposal for sponsorship of the 2025 Redline Games Western Sydney against the Events Sponsorship Policy.

It is recommended that Council provide a total sponsorship of $22,750 (plus GST) in support of the event, consisting of $20,000 (plus GST) to Elite Energy Pty Ltd and $2,750 (plus GST) to SMA as a placement fee. This level of funding reflects the nature of the proposed sponsorship benefits to Council and the estimated economic benefits. It will support growth of the event in its second year and brand awareness.

Should Council resolve to endorse the sponsorship proposal, Council will enter into a sponsorship agreement with Elite Energy Pty Ltd detailing the expected sponsorship benefits to be delivered to Council in exchange for its investment.

RECOMMENDATION

That:

1. The information contained in the report on Request for Major Event Sponsorship - Elite Energy Pty Ptd be received.

2. Council provide sponsorship of $22,750 (plus GST) in support of the 2025 Redline Games Western Sydney consisting of $20,000 (plus. GST) to Elite Energy Pty Ltd and $2,750 (plus GST) to Sports Marketing Australia Pty Ltd.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 11 November 2024

Grant Application: Targeted Early Intervention, NSW Department of Communities and Justice 2025-2030

Compiled by: Heather Chaffey, Community Resilience Program Manager

Authorised by: Marcella Kelshaw, Head of City Activation, Community and Place

Sandy Davies, Director Community Connection

Outcome	We are welcoming, healthy, happy, creative and connected
Strategy	Build and support community resilience to adapt to changing circumstances
Service Activity	Develop effective strategies that respond to the impacts of growth, redevelopment and change in our community

Executive Summary

This report provides a summary of Council’s experience delivering community programming with funding through the Targeted Early Intervention (TEI) Grant Program of the NSW Department of Communities and Justice (DCJ).

Through the TEI Grant Program Council has received $667,592 over the past four financial years 2020/21 to 2023/24. Council will receive $166,898 (subject to indexation) in 2024/45.

The TEI contract between 2020/21 and 2024/25 represents a total value of $834,490.

This funding supports 1.5 FTE within Council’s City Activation, Communities and Place Department and the delivery of a suite of training and networking opportunities for the local community sector as well as programming which supports community members directly.

The report provides an overview of the activities the funding currently supports, a summary of the current recommissioning process and timeline and seeks Council endorsement for an application for further TEI funding.

It is anticipated the amount of funding will mirror the previous contract at approximately $835,000 (subject to indexation) for the next five financial years, between July 2025 and June 2030. As the value of this contract will exceed $250,000 Council endorsement is required prior to negotiation of continued funding through recommissioning with DCJ.

Penrith’s population and the TEI Grant Program

Young people (12-14 years of age) make up 17% of our city’s population. Within the Penrith LGA 74% of couples with children have 12–17year-old children living at home, and 54% have adult children aged 18-24years living at home. 21% of single parent households have children who are 12-17 years of age living at home and 22% have adult children aged 18-14 years living at home.

4% of local young people have a disability and need assistance and support. 18–24-year-olds in Penrith were 7% more likely to have a long-term health condition than other young people in Greater Sydney.

Compared to Greater Sydney, Penrith City has higher rates of youth disengagement from education and/or employment. 4.3% of young people aged 15-17 years and 15% of young people aged 18-24 years were disengaged from education and employment at the time of the 2021 census.

Disengagement from education or employment in younger age groups can indicate a lack of access to employment or education facilities or a population in need of targeted services to assist them in gaining a foothold in society. The TEI Grant Program offers early intervention services across Penrith that can provide community programming and targeted case management for vulnerable young people.

Penrith City LGA’s First Nations population is significantly younger than the non-indigenous population. The median age for First Nations people in Penrith is 22, while the median age of the broader LGA is 35.

67% of our First Nations population live with their family, this is higher than the average in Penrith City Local Government Area (LGA). Also within our First Nations population, there are more one parent families but less lone-person households than the average in Penrith City LGA.

First Nations people living in Penrith are more likely to be living with a disability and are also more likely to have at least one long-term health condition, compared to non-indigenous residents.

The TEI Grant Program offers opportunities for Council to work in collaboration with Aboriginal Community Controlled organisations, as well as generalist community and health organisations, to engage First Nations families, children and young people in early intervention programming and support services.

The Office of Local Government has provided Council with significant guidance in their role in contributing to Closing the Gap through place-based initiatives, adapted to local need, through delivery programs under the Integrated Planning and reporting Framework. TEI funding resources Council to deliver community initiatives, partnership programs, and support sector development of local Aboriginal Community Controlled Organisations (ACCOs).

Finally, the health, safety, and resilience of children and young people are highlighted as priorities in several strategies and actions plans endorsed by Council. These include, but are not limited to, the Resilient Penrith Action Plan, the Youth Action Plan, the Penrith Multicultural Action Plan and the Penrith Community Safety Plan.

Background

DCJ’s TEI Grant allows Council to deliver activities which support the local community sector and directly support vulnerable children, young people and families. In the context of this grant program, Targeted Early Intervention is defined by the following objectives of the TEI Grant Program.

Through the TEI Grant Program Council has received $166,898 for the last four financial years (2020-21 to 2023-24). This amount will be received in 2024-25 (subject to indexation).

Under the 2020-25 TEI Grant Program Council has delivered activities under two streams: Community Connections and Community Support.

Community Connections includes facilitating planning days for local service interagencies, convening interagencies which support targeted early intervention and training for services who deliver early intervention services. This stream of funding also includes direct services to First Nations children, young people and families, supporting their active participation in community development activities and civic life.

Community Support includes the work Council does to inform community members about how to access services and support as well as direct referrals made by Council staff. Council maintains and distributes several resources such as the Youth Card, Homeless Services Card and Domestic and Family Violence Resource Card as well as the Sector Connect Newsletter. Council officers regularly refer community members to a range of local youth, community and health services through our community development programming and in direct response to homelessness. Community Support also includes training and education for community members, particularly young people, and is reflected in the youth-led model adopted by the Council convened Penrith Youth Interagency, its programming and training of young people, as well as regular community training workshops on grant writing, community governance models and other responsive programming.

Current Situation

DCJ is recommissioning TEI and a separate grant program currently known as Family Connect and Support (FCS) programs with new 5-year contracts from 1 July 2025. DCJ intends to merge the TEI and FCS into one program at that time.

TEI recommissioning is being undertaken with specific reference to several NSW and National priority reforms and initiatives and Council must consider its role in supporting these reforms as it develops any proposal for ongoing funding through TEI.

These priorities include:

- The National Agreement on Closing the Gap

- Family is Culture, the independent Review of Aboriginal Children and Young People in Out of Home Care in NSW,

- Safe and Supported, the National Framework for Protecting Australia’s Children

In line with the NSW and National priorities above, DCJ has committed to a target of 30% of its sector investment going to ACCOs. While this has no impact on the funding available to Council, pending endorsement of an application for that funding, Council must consider this commitment and actively work to support ACCOs in the context of early intervention, and strategically work to fulfil its role under the Australian Local Government Association, Closing the Gap Implementation Plan, September 2021.

Under the current TEI contact, Council officers have hosted a local DCJ forum on recommissioning in late May 2024, and two meetings, in August 2024, of local TEI funded service providers to collaborate on advocating for regional needs and working together to better understand changes to the Grant Program for 2025 recommissioning.

Council has been advised that there is no additional funding available for the program and that those services, including Council, which are currently funded are likely to receive the same funding through the 2025 recommissioning process. Council is likely to be successful and to be contracted to deliver services to the value of approximately $835,000 (subject to indexation) over a five-year period from July 2025 to June 2030.

As the value of this contract will exceed $250,000 Council endorsement is required prior to negotiation of continued funding through recommissioning with DCJ.

Recommissioning Timeline

Council officers have been actively involved in various consultative workshops and discussions led by DCJ throughout April-September in 2024.

Application October – December 2024:

Throughout October through to December, officers will work with local DCJ Grant Administrators to develop a Recommissioning Plan. This plan represents an agreement between Council and DCJ on the work council will deliver in following years and which of the new ‘steams’ of the TEI grant this work will align with. Council will then submit this plan for approval by DCJ.

Negotiate contract January – March 2025:

Pending DCJ approval of the Recommissioning Plan, contract negotiation and procurement will take place in January to March 2025, and 5-year contracts will be awarded to commence on 1 July 2025.

Financial Implications

The TEI grant program has provided an average of $166,898 for the last four years, this funding has contributed to program costs and temporary staff salaries with Council covering a portion of costs from existing budgets ($23,207 in 2023-24). A Council contribution to the program is not a requirement of grant funding.

Risk Implications

The current TEI funding supports 1.5 FTE positions within the City Activation, Community and Place Department, and provides funding for much of the information and referral work of the Department, some of its sector development and training work, and some of its youth work. One risk is the loss of these resources in supporting this significant community development work.

Council also has a long-standing commitment and strong reputation as a provider of community sector support, development and advocacy. The TEI program subsidises much of this work with the community sector and community groups. Without TEI funding, Council would need to pull back or find alternate resources to maintain its role in the local sector.

Conclusion

Council has a strong relationship with DCJ and its TEI funding supports Council to deliver a range of programs which are important to the local community sector as well as local community members.

This funding supports Council to strengthen the support available to local families through sector development and support and to support local First Nations families and local young people through direct community development initiatives.

This report recommends and seeks Council endorsement to continue through the recommissioning process led by DCJ and to submit a Recommissioning Plan (apply) for TEI funding for 2025-2030.

RECOMMENDATION

That:

1. The information contained in the report on Grant Application: Targeted Early Intervention, NSW Department of Communities and Justice 2025-2030 be received.

2. Council endorse the submission of a Recommissioning Plan to seek further funding through the TEI Grant Program of the NSW Department of Communities and Justice.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 11 November 2024

Finalisation of Shortlisted Tenderers for St Marys Central Park RFT

Compiled by: Sajjad Zaheer, Major Projects Coordinator (Westinvest)

Authorised by: Daniel Pitton, Head of Design and Projects

Adam Wilkinson, Director Asset Services

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Principal Activity	Design and deliver Council’s major capital projects

Executive Summary

The Stage 1 - Expression of Interest (EOI) for the design and construction of St Marys Central Park was advertised on Friday, 30 August 2024 through the VendorPanel and eTendering websites. The tender closed on Friday, 27 September 2024.

Fourteen (14) tender submissions were received and a review of each was undertaken by the Evaluation Panel, including an assessment of items for inclusion, exclusion and any assumptions.

This report advises of the outcome of the Expression of Interest process and recommends that the following seven (7) respondents are shortlisted for the Stage 2- Request for Tender (RFT) which will be a select tender process for the design and construction of St Marys Central Park project.

Once approved, the short-listed respondents will be invited to participate in the Stage 2 Select Request for Tender (RFT) process for the procurement of a Principal Contractor.

Background

The St Marys Town Centre Structure Plan was endorsed at the Ordinary Meeting on 28 November 2022. The Structure Plan proposes a place vision, place outcomes, and strategic and spatial directions for St Marys to grow as a vibrant, welcoming, sustainable, and authentic strategic centre that meets the changing needs of our community. Following direction and feedback from Councillors, the Structure Plan identifies a Civic Heart for St Marys Town Centre that can serve as a ‘gathering space’ and focal point for the community.

The role of the Civic Heart is to provide a dynamic focus to the town centre with a high-quality green open space – and in years to come, to further develop as an integrated hub comprising of new community library and cultural spaces sitting alongside the park

Council supported the development of the St Marys Town Park Project as a priority with a funding application requesting $21 million through the NSW Government Western Sydney Infrastructure Grants Program. The application was successful, and the St Marys Central Park project is an exciting opportunity for the future of St Marys.

The St Marys Central Park project is a flagship initiative for Council’s vision to transform St Marys Town Centre into a thriving hub for residents and visitors. This work was identified in the St Marys Town Centre Structure Plan and confirmed through the Master Plan.

Current Situation

The 50% Concept Design for St Marys Central Park was presented to Councillors on the 21 October 2024 following review by Council‘s internal Design Advisory Group and Project Control Group. Both groups bring technical expertise and input to the project throughout the design phase. The externally engaged Quantity Surveyor has worked alongside the Lead Designer to ensure the design is achievable within the available budget.

Procurement planning for the St Marys Central Park project has identified that this project is suitable for a Design and Construct delivery model. To facilitate this delivery model, Council is progressing a 2-stage procurement process to identify suitable contractors. The first stage of procurement (this procurement) is an Expression of Interest (EOI) from the open market to shortlist suitable contractors. The second stage will seek priced tenders from those shortlisted contractors.

Council has called for Expression of Interests (EOI) from contractors who have the experience and capacity to perform design and construction of park infrastructure projects.

Expression of Interest Process

In Stage 1, Council invited open tenders via the VendorPanel website to submit Expression of Interest (EOI) to carry out the design and construction of St Marys Central Park project.

The Expression of Interest was advertised on 30 August 2024 and closed 29 September 2024. The Expression of Interest closing date was extended by 2 days from its original completion date of 27 September 2024.

All the Respondents were requested to make submissions to meet all the mandatory selection criteria and demonstrate their competency against each of the weighted criteria. Selection in this EOI procurement process was based 100% on Non-Price Criteria.

A total of 6 addendums were issued to respond to various requests for information (RFIs) from Respondents.

Submissions Received

Fourteen (14) submissions were received, and are listed below in no particular order.

	Respondents	Company Address	Owner/Director
1	Regal Innovations Pty Ltd	Unit 2 / 30 Park Road, Mulgrave NSW 2756	Sumitomo Forestry Australia Pty Ltd – 51% Robert Stanton - 49%
2	Axial Construction Pty Ltd	Suite 1a, Level 13, 465 Victoria Ave, Chatswood, NSW 2067	Shazia Hanif (Director) Jay Stanford (Director)
3	Kane Constructions Pty Ltd	Level 9, 510 Church Street, Cremorne VIC 3121 NSW Office: 2 John Street, Waterloo NSW 2017	Tristan Forster – Joint Managing Director Richard Frisina - Joint Managing Director Geoff Purcell - Director Stephen Theisz - Director David Rutter - Director Julian Hamilton - Director Liam Sweeney - Director Skye Crawford - Director
4	Ca&I Pty Ltd	Level 3/7, Macquarie Place, Sydney, NSW, 2000	Brett Beauchamp Martin Hunter Robert Matchett Scott Williams
5	NORTH SHORE PAVING CO PTY LTD	16 Moore Avenue Lindfield West NSW 2070	Ivan Tarjan – Director Rosie Tarjan – Director Philippa Tarjan - Director
6	Glascott Landscape and Civil Pty Ltd	7-9 Orion Road, Lane Cove NSW 2066	Matthew Glascott
7	TALLAI PROJECT GROUP PTY LTD	Suite 302B/22-28 Edgeworth David Ave, Hornsby NSW 2077	Quoc Tam Nguyen, Owner and Director Luke Hill, Owner and Director Paul Mountney, Owner and Director Matthew Lowe, Owner and Director
8	Arenco (Nsw) Pty Limited	184 Adderley Street West, AUBURN NSW 2144	Mr Jon Mingay Managing Director
9	Growth Civil Landscapes Pty Ltd	60 Oak Roda, Kirrawee NSW 2232	Glenn Simpson, Managing Director
10	Solutions Built Australia Pty Ltd (Landscape Solutions Australia)	16 Distribution Place, Seven Hills NSW 2147	Timothy Buckle
11	Greater West Landscapes Pty Ltd	100 Martin Road, Badgerys Creek NSW 2555	Simon Coco Glen McMaster Peter Adcock
12	Stephen Edwards Constructions Pty Ltd	140 Wicks Road, Macquarie Park NSW 2113	Stephen Edwards, Jennifer Edwards, Mathew Edwards and Daniel Edwards
13	Ford Civil Contracting Pty Ltd	9 Hattersley St Arncliffe, New South Wales 2205	Susan Ford, Alan Gordon
14	Fresh Landscapes & Gardens Pty Ltd	Suite 4.04, Level 4, 3 Thomas Holt Drive Macquarie Park NSW 2113	Alexander Leathwood - Director

Non-Confirming Submissions

There were no non-conforming submissions received.

Expression of Interest Evaluation

1. Expression of Interest Evaluation Panel

Evaluation Panel reviewed the submissions through analysis and response to pre-populated questions and assignment of scores within the VendorPanel platform. The evaluation panel (including VendorPanel) was managed and controlled by Council Officers:

· Lana Axford – PCC Procurement and Strategic Supply Manager.

· Julie Stanshall – PCC Procurement Business Partner.

The evaluation panel consisted of Council Officers:

· Sajjad Zaheer (Major Projects Coordinator – WestInvest)

· Rebekah Elliott (Business Project Manager)

· David Forward (Design Facilitator)

· Anne Sacco (Design Program Manager)

· Tariq Rasheed (Delivery Program Manager)

2. Expression of Interest Evaluation Criteria

A comprehensive assessment of the submissions was undertaken by the Evaluation Panel. The assessment process was undertaken in accordance with the provisions of the Local Government Act 1993 and Tendering Regulation 2005 and based on the conditions and evaluation criteria as provided in the Request for EOI documents.

No.	Weighted Qualitative Evaluation Criteria	Details
1	Key Personnel & Availability	Considerations: Experienced team members, resources and their technical skills, preference to Local Suppliers.
2	Experience with D&C Delivery model	Considerations: Experience and success of projects delivered under D&C model of contract and organisation structure and key personnel experience in D&C. model.
3	Capacity with ongoing projects	Consideration: Number of current ongoing projects and their completion dates and available staff /resources to handle these projects.
4	Demonstrated Experience	Considerations: Experience and success of previous projects similar in nature and size.
5	Willingness and capability to carry out project delivery in stages (if required)	Considerations: Confirmation from respondent
6	Local Supplier	Considerations: Local Benefits being Contractor based in Penrith LGA

3. Evaluation Process and Outcome

In accordance with the Evaluation Criteria, all respondents submitted their proposed resource (Key Personnel) plans, availability, experience with the Design and Construct (D&C) contract model, relevant experience with projects of similar value and nature, their willingness to carry out project in stages and their office locations for Local Benefits testing. Each of the panel members individually reviewed and assessed each submission separately against the established criteria and scored the respondents' submissions for respective Weighted Qualitative Evaluation Criteria.

The VendorPanel system calculated an overall score for each respondent's submission based on individual ratings, which was then used to rank the respondents.

A consensus meeting was organised and facilitated by the Procurement Team. In the consensus meeting individual responses and ratings were discussed with the aim of achieving a group consensus for the final assessment and scoring for each criterion.

The evaluation panel has identified the risk of potential dropouts during the RFT tender process due to various factors, such as limited capacity due to prior awards, potential preference for new opportunities, and resource availability for new projects. In light of this risk, the panel has decided to shortlist the top seven ranked respondents (50% of total respondents) for Stage 2 of the Select Request for Tender (RFT) process.

The table below presents the recommended list of these seven shortlisted respondents in no particular order.

Rank	Respondents
1	Glascott Landscape and Civil Pty Ltd
2	Solutions Built Australia Pty Ltd (Landscape Solutions Australia)
3	Greater West Landscapes Pty Ltd
4	Regal Innovations Pty Ltd
5	Arenco (Nsw) Pty Limited
6	Stephen Edwards Constructions Pty Ltd
7	Ford Civil Contracting Pty Ltd

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair

and equitable tender processes. The TAG consists of Council Officers:

· Adam Wilkinson – Director Asset Services

· Adam Beggs – Head of Governance

· Neil Farquharson – Head of Financial Services

The TAG was briefed on the project and tender assessment process.

The TAG considered the recommendation of the Tender Evaluation Panel. It was noted that seven respondents were chosen to participate in the Select RFT process to mitigate the risk of not maintaining a required number of participants due to potential dropouts, if any should occur.

The TAG reviewed the evaluation process and is satisfied that the selection criteria has been correctly assessed.

Financial Implications

There are no financial implications for Council associated with this report.

Financial implications will be there in Stage 2 - Select RFT and will be reported upon the completion of that stage.

The project is funded by NSW State Government under Western Sydney Infrastructure Grants program.

The project budget breakdown is as follows:

Grant Funding	Contingency (withheld by funding body)	Project Management Allowance	Design and Delivery Budget
$21,000,000	$3,150,000	$3,071,350	$14,778,649.64

Risk Implications

The risk assessment carried out in accordance with the procurement guidelines, advised that the procurement is a high risk.

The tender and assessment process has been undertaken in accordance with the provisions of the Local Government Act 1993 and Tendering Regulation 2005 and overseen by the Tender Advisory Group.

A comprehensive risk assessment has been conducted for the project. While the risk associated with the project is high, we have implemented mitigation strategies that are regularly reviewed and updated.

Conclusion

The Evaluation Panel has conducted a thorough review of all submissions, with each member independently scoring the responses. Based on these individual scores, VendorPanel calculated the total score for each respondent and ranked them, accordingly, as shown in the scoring table above. In addition to the scores, the panel evaluated each respondent’s potential based on their relevant experience, the qualifications of key personnel proposed for the project, and procurement risks. Consequently, the panel recommended shortlisting the top seven ranked respondents for Stage 2—the RFT process.

RECOMMENDATION

That:

1. The information contained in the report on Finalisation of Shortlisted Tenderers for St Marys Central Park RFT be received.

2. The following Seven (7) respondents be shortlisted in Stage 1 - EOI process to participate in Stage 2 – Request for Tender (RFT) process for procurement of Principal Contractor to carry out Design and Construction of St Marys Central Park.

1. Glascott Landscape and Civil Pty Ltd.

2. Solutions Built Australia Pty Ltd (Landscape Solutions Australia)

3. Greater West Landscapes Pty Ltd.

4. Regal Innovations Pty Ltd.

5. Arenco (NSW) Pty Limited.

6. Stephen Edwards Constructions Pty Ltd.

7. Ford Civil Contracting Pty Ltd

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 11 November 2024

PCC2024-135 Roof Repairs Regentville Small Hall Roof Renewal and St Clair Rec Centre

Compiled by: Mitchell Sammut, Project Lead

James Craig, Project Supervisor

Authorised by: Daniel Pitton, Head of Design and Projects

Adam Wilkinson, Director Asset Services

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Principal Activity	Design and deliver Council’s major capital projects

Executive Summary

A selective tender for Roof Repairs Regentville Small Hall, Regentville and St Clair Recreation Centre, St Clair was advertised on Wednesday 7 August 2024 on VendorPanel website and closed on Wednesday 28 August 2024.

This report advises Council of the outcome of the tender process and recommends that the tender from Chips Property Trade Services, for the amount of $207,746.00 (excluding GST) be accepted to undertake the necessary roof repairs to both Regentville Small Hall, Regentville and St Clair Recreation Centre, St Clair.

Background

The current roofs at Regentville Small Hall, Regentville and St Clair Recreation Centre, St Clair require repairs to ensure long term lifecycle of the asset. Specifications and a scope were produced based on an inspection of both roofs to be repaired, and to meet the current standards and codes. Funding for the project is through Council’s Building Asset Renewal Program.

Council has previously endorsed a panel of building contractors through the contract RFT22/23-017 Building Maintenance and Minor Construction Works. This select tender was sent out to this panel requesting members who have the experience in roofing and building refurbishment works or similar.

The Regentville Small Hall roof works include;

• Remove existing rusted roof sheets, insulation, guttering, downpipes, capping, barges, and accessories.

• Remove and replace timber fascia and cover

• Supply and install new klip-lok roof sheets,

• Supply and install new guttering and PVC downpipes

• Removal and replacement of the existing solar panels

• Remove existing asbestos eave sheeting and replace with FC sheeting.

The St Clair Recreation Centre roof works include;

• New Box gutters and sumps

• New overflows to all box gutters

• New flashings

• Back trays to penetrations and to dektites

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Council Officers - Project Supervisor Peter Foster, Project Support Officer Steven Basket and was chaired by Project Lead Mitchell Sammut. Laura Scott from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

Evaluation Criteria

Contractors for the project were required to submit their tender using the VendorPanel tendering software, which clearly defined the response required against each of the evaluation criteria.

The quotes received were assessed using the advertised evaluation criteria of:

• Company Profile

• Conformance, Acceptance and Declaration

• Business References

• Completion of Forms Tender Price submitted

• Compliance Statement

• Demonstrated Ability

• Works Method and Program

• Local Business Preference

• Quality Assurance Systems

• Environmental Management Systems

The following was not assessed as it was previously assessed in the RFT22/23-017 Building Maintenance and Minor Construction Works:

• Employment Policies

• Work Health and Safety

• Financials

Summary of Quotes Received

A total of four (4) tenders were received by the closing date of the advertised tender and are listed below in price order, excl GST (lowest to highest).

Company	Tendered Price	Company Address	Owners/Directors
Chips Property Trade Services Pty Ltd	$207,746.00	Unit 1, 442 Victoria St Wetherill Park NSW 2164	Paul Giordano, James Axiak
Westbury Constructions Pty Ltd	$223,129.60	Unit 601, 5 Celebration Drive Bella Vista NSW 2153	Darren Price
Coverit Building Group	$259,600.00	Unit 18/37-47 Borec Rd Penrith, NSW 2750	Shane Comans
Acron Building Services Pty Limited	$283,000.00	7 / 20 Tucks Rd Seven Hills, NSW 2147	Greg Clark

Evaluation of the Preferred Tender

All four tenders were assessed against the evaluation criteria.

On assessment of the submissions, the panel determined that Chips Property Trade Services Pty Ltd provided the best overall value to Council based on price and responses to the assessment criteria, clearly demonstrating their suitability to undertake the project.

Chips Property Trade Services Pty Ltd are a part of Council’s Building Maintenance and Minor Construction Works, and provide for the services of building contractors who have experience in building and roofing works.

The recommended company, Chips Property Trade Services Pty Ltd was selected based on their:

1. Compliance with the tender evaluation criteria,

2. Demonstrated ability to meet Council’s requirements; and

3. Competitive price for the services offered.

The pricing from Chips Property Trade Services Pty Ltd is in a range consistent with tendered rates for RFT22/23-017 Building Maintenance and Minor Construction Works and opinion of probable costs when factoring in escalation of market prices in recent tenders.

Financial Implications

Assessment of the tenderers was commissioned; this included independent reference checks, financial analysis, and performance analysis on Chips Property Trade Services Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

The recommended tender cost is within budget and is funded under Council’s Building Asset Renewal Program.

The estimated maintenance and operational cost requirements for the project starts at $7,225 for Regentville Small Hall per annum and $3,400 for St Clair Rec Centre per annum. Council’s future asset maintenance budgets and asset renewal programs will be adjusted as per Council’s Budget Guidelines at completion of the project.

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Adam Wilkinson- Director Asset Services, Adam Beggs – Head of Governance and Neil Farquharson – Chief Financial Officer were briefed by the Design and Projects team about the background and the process followed.

The TAG considered the recommendations in relation to the tender PCC2024-135 Roof Repairs Regentville Small Hall Roof renewal and St Clair Recreation Centre noting that the recommended tender was the lowest price, the company has demonstrated their ability to meet Council’s requirements, and their proposal was considered to be the most advantageous to Council for the scale of this project. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria has been correctly applied in making the recommendations.

Risk Implications

Conclusion

Four tenders were assessed against the evaluation criteria. Chips Property Trade Services Pty Ltd provided the best price, and also met the tender evaluation criteria to undertake the project. It is recommended that the tender from Chips Property Trade Services, for the amount of $207,746.00 (excluding GST) be accepted for the roof repairs to both Regentville Small Hall, Regentville and St Clair Recreation Centre, St Clair.

RECOMMENDATION

That:

1. The information contained in the report on PCC2024-135 Roof Repairs Regentville Small Hall Roof Renewal and St Clair Rec Centre be received

2. The tender from Chips Property Trade Services, for the amount of $207,746.00 (excluding GST) be accepted for the roof repairs to both Regentville Small Hall, Regentville and St Clair Rec Centre, St Clair.

3. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

4. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 11 November 2024

PCC2024-150 St Marys Tennis Clubhouse - Fire Damage Repairs

Compiled by: Mitchell Sammut, Project Lead

James Craig, Project Supervisor

Authorised by: Daniel Pitton, Head of Design and Projects

Adam Wilkinson, Director Asset Services

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Principal Activity	Design and deliver Council’s major capital projects

Executive Summary

A selective tender for St Marys Tennis Clubhouse - Fire Damage Repairs, St Marys was advertised on Thursday 08 July 2024 on VendorPanel website and closed on Friday 30 August 2024.

This report advises Council of the outcome of the tender process and recommends that the tender from Coverit Building Group, for the amount of $216,550.00 (excluding GST) be accepted for St Marys Tennis Clubhouse - Fire Damage Repairs, St Marys.

Background

On 1 December 2023 St Marys Tennis Clubhouse, St Marys was subject to vandalism which resulted in significant fire damage making the building unusable. Specifications and a scope were produced based on an insurance inspection to repair the building. Funding for the project is through Council’s insurance provider.

Council has previously endorsed a panel of building contractors through the contract RFT22/23-017 Building Maintenance and Minor Construction Works. This select tender was sent out to this panel requesting members who have the experience in sporting amenities and community facilities building works or similar.

The scope of works is

• Demolition and removal of all fire damaged are

• Full repaint of the building external and internal

• Replacement all services in the damaged section

• Replacement of damaged doors

• Replacement of damaged ceilings and wall linings

• Flooring repairs in canteen room, male and female bathroom

• Deep clean of all surfaces

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Council Officers - Project Supervisor Peter Foster, Project Support Officer Mitchell Young, Project Supervisor Greg Bretherton and was chaired by Project Lead Mitchell Sammut. Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

Evaluation Criteria

Contractors for the project were required to submit their tender using the VendorPanel tendering software, which clearly defined the response required against each of the evaluation criteria.

The quotes received were assessed using the advertised evaluation criteria of:

• Company Profile

• Conformance, Acceptance and Declaration

• Business References

• Completion of Forms Tender Price submitted

• Compliance Statement

• Demonstrated Ability

• Works Method and Program

• Quality Assurance Systems

• Environmental Management Systems

• Local Business Preference

The following was not assessed as it was previously assessed in the RFT22/23-017 Building Maintenance and Minor Construction Works:

• Employment Policies

• Work Health and Safety

• Financials

Summary of Quotes Received

A total of Seven (7) tenders were received by the closing date of the advertised tender and are listed below in price order, excl GST (lowest to highest).

Company	Tendered Price	Company Address	Owners/Directors
Sudiro Constructions Pty Ltd	$197,301.59	Unit 37 / 1 Talavera Road, Macquarie Park 2113	Anthony Sudiro
Progroup Management Pty Limited	$205,008.00	32 Delhi Rd North Ryde, NSW 2113	Tony Grima
Coverit Building Group	$216,550.00	Unit 18/37-47 Borec Rd Penrith, NSW 2750	Shane Comans
Westbury Constructions Pty Ltd	$231,183.00	Unit 601, 5 Celebration Drive Bella Vista NSW 2153	Darren Price
Chips Property Trade Services Pty Ltd	$239,925.20	Unit 1, 442 Victoria St Wetherill Park NSW 2164	Paul Giordano, James Axiak
Rogers Construction Group	$286,837.67	605/5 Celebration Dr Bella Vista, New South Wales 2153	Mitchell Rogers
Acron Building Services Pty Limited	$348,872.62	7/20 Tucks Rd Seven Hills 2147	Greg Clark

Evaluation of the Preferred Tender

All seven tenders were assessed against the evaluation criteria.

On assessment of the submissions, Progroup Management Pty Limited scored highly in program and methodology however were unable to demonstrate previous experience. Sudiro Constructions Pty Ltd provided competitive pricing and responses to the assessment criteria. However, Coverit Building Group provided excellent scores in methodology, program and experience therefore providing the best overall value to Council. When factoring in the Local Business Preference (Council Policy), this allowed Coverit Building Group to be the overall preferred respondent; wholistically providing Council with the most advantageous tender submission. Accordingly, on assessment of all tenders, the panel determined that Coverit Building Group provided the best overall submission based on price and through their responses. Therefore, clearly demonstrating suitability to undertake the project.

Coverit Building Group are a part of Council’s Building Maintenance and Minor Construction Works for the services of building contractors who have the experience in building and community facilities construction.

The recommended company, Coverit Building Group Pty Ltd was selected based on their:

1. Compliance with the tender evaluation criteria,

2. Demonstrated ability to meet Council’s requirements; and

3. Competitive price for the services offered.

The pricing from Coverit Building Group Pty Ltd is in a range consistent with tendered rates for RFT22/23-017 Building Maintenance and Minor Construction Works and opinion of probable costs when factoring in escalation of market prices in recent tenders.

Financial Implications

Assessment of the tenderers was commissioned; this included independent reference checks, financial analysis, and performance analysis on Coverit Building Group Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

The recommended tender cost is within budget and is funded under Council’s Insurance provider.

There is no increase in maintenance and operational cost requirements in undertaking project.

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Adam Wilkinson- Director Asset Services, Adam Beggs – Governance Manager and Neil Farquharson – Financial Services Manager, were briefed by the Design and Projects team regarding the background and the process followed.

The TAG considered the recommendations in relation to the tender PCC2024-150 St Marys Tennis Clubhouse - Fire Damage Repairs, St Marys noting that, while the recommended tender was not the lowest price, the company has demonstrated their ability to meet Council’s requirements, and their proposal was considered to be the most advantageous to Council. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

Conclusion

Seven tenders were assessed against the evaluation criteria. Coverit Building Group Pty Ltd provided the best overall tender submission, and met the tender evaluation criteria to undertake the project. It is recommended that the tender from Coverit Building Group, for the amount of $216,550.00 (excluding GST) be accepted for St Marys Tennis Clubhouse - Fire Damage Repairs, St Marys.

RECOMMENDATION

That:

1. The information contained in the report on PCC2024-150 St Marys Tennis Clubhouse - Fire Damage Repairs be received.

2. The tender from Coverit Building Group, for the amount of $216,550.00 (excluding GST) be accepted for St Marys Tennis Clubhouse - Fire Damage Repairs, St Marys.

3. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

4. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 11 November 2024

PCC2024-149 Roper Road Amenities Colyton - Fire Damage Repairs

Compiled by: Mitchell Sammut, Project Lead

James Craig, Project Supervisor

Authorised by: Daniel Pitton, Head of Design and Projects

Adam Wilkinson, Director Asset Services

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Principal Activity	Design and deliver Council’s major capital projects

Executive Summary

A selective tender for Roper Road Amenities Colyton - Fire Damage Repairs was advertised on Thursday 08 July 2024 on VendorPanel website and closed on Friday 30 August 2024.

This report advises Council of the outcome of the tender process and recommends that the tender from Westbury Constructions Pty Ltd, for the amount of $356,335.00 (excluding GST) be accepted for Roper Road Amenities Colyton - Fire Damage Repairs.

Background

On 2 May 2024 Roper Road Amenities, Colyton was subject to vandalism which resulted in significant fire damage making the building unusable. Specifications and a scope were produced based on an insurance inspection to repair the building. Funding for the project is through Council’s insurance provider; in addition the existing Building Asset Renewal program is funding a small modification to the roof pitch.

Council has previously endorsed a panel of building contractors through the contract RFT22/23-017 Building Maintenance and Minor Construction Works. This select tender was sent out to this panel requesting members who have the experience in sporting amenities and community facilities building works or similar.

The scope of works is

• Strip out, demolition and rubbish removal

• Plumbing and hydraulic works

• Electrical works including new connection between building and mains

• Roofing works associated with re-sheeting, insulation blanket and flashings

• Frame and structural repairs, roof works, soffits, door replacement and any general modifications and patching

• Brickworks

• Flooring - vinyl to canteen and epoxy coating of wet areas/change rooms

• Doors

• Kitchen cabinets and storage unit replacement

• Tiling replacement tiling and grouting

• Deep cleaning/fire recovery services

• Painting

Tender Evaluation Panel

Contractors for the project were required to submit their tender using the VendorPanel tendering software, which clearly defined the response required against each of the evaluation criteria.

The quotes received were assessed using the advertised evaluation criteria of:

• Company Profile

• Conformance, Acceptance and Declaration

• Business References

• Completion of Forms Tender Price submitted

• Compliance Statement

• Demonstrated Ability

• Works Method and Program

• Local Business Preference

• Quality Assurance Systems

• Environmental Management Systems

The following was not assessed as it was previously assessed in the RFT22/23-017 Building Maintenance and Minor Construction Works:

• Employment Policies

• Work Health and Safety

• Financials

Summary of Quotes Received

A total of five (5) tenders were received by the closing date of the advertised tender and are listed below in price order, excl GST (lowest to highest).

Company	Tendered Price	Company Address	Owners/Directors
Westbury Constructions Pty Ltd	$356,335.00	Unit 601, 5 Celebration Drive Bella Vista NSW 2153	Darren Price
Chips Property Trade Services Pty Ltd	$380,464.78	Unit 1, 442 Victoria St Wetherill Park NSW 2164	Paul Giordano, James Axiak
Sudiro Constructions Pty Ltd	$401,295.23	Unit 37 / 1 Talavera Road, Macquarie Park 2113	Anthony Sudiro
Rogers Construction Group	$422,581.66	605/5 Celebration Dr Bella Vista, New South Wales 2153	Mitchell Rogers
Progroup Management Pty Limited	$540,511.00	32 Delhi Rd North Ryde, NSW 2113	Progroup Management Pty Limited

Evaluation of the Preferred Tender

All five tenders were assessed against the evaluation criteria.

On assessment of the submissions, the panel determined that Westbury Constructions Pty Ltd provided the best overall value to Council based on price and responses to the assessment criteria, clearly demonstrating their suitability to undertake the project.

Westbury Constructions Pty Ltd are a part of Council’s Building Maintenance and Minor Construction Works for the services of building contractors who have the experience in building and community facilities construction.

The recommended company, Westbury Constructions Pty Ltd was selected based on their:

1. Compliance with the tender evaluation criteria,

2. Demonstrated ability to meet Council’s requirements; and

3. Competitive price for the services offered.

The pricing from Westbury Constructions Pty Ltd is in a range consistent with tendered rates for RFT22/23-017 Building Maintenance and Minor Construction Works and opinion of probable costs when factoring in escalation of market prices in recent tenders.

Financial Implications

Assessment of the tenderers was commissioned; this included independent reference checks, financial analysis, and performance analysis on Westbury Constructions Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

The recommended tender cost is within budget and is funded under Council’s Insurance provider and Building Asset Renewal.

There are no additional maintenance and operational cost requirements associated with this project.

Tender Advisory Group Comments

The TAG considered the recommendations in relation to the tender PCC2024-149 Roper Road Amenities Colyton - Fire Damage Repairs noting that the recommended tender was the lowest price, the company has demonstrated their ability to meet Council’s requirements, and their proposal was considered to be the most advantageous to Council for the scale of this project. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

Conclusion

Five tenders were assessed against the evaluation criteria. Westbury Constructions Pty Ltd provided the best price, that also met the tender evaluation criteria to undertake the project. It is recommended that the tender from Westbury Constructions Pty Ltd, for the amount of $356,335.00 (excluding GST) be accepted for Roper Road Amenities Colyton - Fire Damage Repairs.

RECOMMENDATION

That:

1. The information contained in the report on PCC2024-149 Roper Road Amenities Colyton - Fire Damage Repairs be received.

2. The tender from Westbury Constructions Pty Ltd, for the amount of $356,335.00 (excluding GST) be accepted for Roper Road Amenities Colyton - Fire Damage Repairs.

3. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

4. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 11 November 2024

PCC2024-90 Monfarville Amenity Building and Landscaping Works

Compiled by: Mitchell Sammut, Project Lead

James Craig, Project Supervisor

Authorised by: Daniel Pitton, Head of Design and Projects

Adam Wilkinson, Director Asset Services

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Principal Activity	Design and deliver Council’s major capital projects

Executive Summary

A tender for Monfarville Amenity Building and Landscaping Works was advertised on Tuesday 13 August 2024 on the VendorPanel website and closed on Wednesday 18 September 2024.

This report advises Council of the outcome of the tender process and recommends that the tender from Phillip McNamara of 97 Taylor Road Cranebrook, trading as Cranebrook Constructions, for the amount of $1,590,885.00 (excluding GST) be accepted for Monfarville Amenity Building and Landscaping Works.

Background

In May 2023, Penrith City Council received confirmation of a funding allocation through the New South Wales Government Multi-Sports Community Facility Fund to develop an improved recreation and multi-sport precinct at Monfarville Reserve, St Marys. Council is also contributing funds from the Building Asset Renewal Program.

The project will see demolition of the existing amenities building and construction of a new, contemporary facility which includes:

· New toilets, including a new accessible toilet

· New canteen with increased capacity and storage

· New changerooms with improved facilities

· Increased storage capacity

· Officials changeroom and facilities

Additionally, the project will also improve the flood resilience of the new building and enhance user access to adjoining playing fields through the construction of ramps and stairs. Construction of new vehicular access to the building including an accessible car space is also a part of the scope.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Project Supervisor James Craig, Project Support Officer Eliza Ecob, Landscape Architect Elizabeth Roxburgh, Community Facilities and Recreation Project Officer Ryan Dowling and was chaired by Project Lead Mitchell Sammut. Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

Evaluation Criteria

Contractors for the project were required to submit their tender using the VendorPanel tendering software, which clearly defined the response required against each of the evaluation criteria.

The quotes received were assessed using the advertised evaluation criteria of:

• Company Profile

• Conformance, Acceptance and Declaration

• Business References

• Completion of Forms Tender Price submitted

• Compliance Statement

• Demonstrated Ability

• Works Method and Program

• Local Business Preference

• Quality Assurance Systems

• Environmental Management Systems

• Employment Policies

• Work Health and Safety

• Financials and Value for Money

Summary of Quotes Received

A total of sixteen (16) tenders were received by the closing date of the advertised tender and are listed below in price order, excl GST (lowest to highest).

Company	Tendered Price	Company Address	Owners/Directors
Phillip McNamara of 97 Taylor Road Cranebrook, trading as Cranebrook Constructions	$1,590,885.00	97 Taylor Road, Cranebrook, NSW 2749	Phil McNamara Tom McNamara Sue McNamara
Rogers Construction Group Pty Ltd	$1,742,674.00	605/5 Celebration Drive, Bella Vista, NSW 2153	Mitchell Rogers
Dalski Pty Ltd	$1,769,166.49	Unit 1/ 26A Ralph Street, Alexandria, NSW 2015	Martin Szkudlarek Jackson Sensicle
Structen Pty Ltd	$1,776,407.00	247 Pebbly Hill Road, Cattai NSW 2756	David Dordevic Lyndall Dordevic
Westbury Constructions Pty Ltd	$1,799,927.00	Unit 601, 5 Celebration Drive, Bella Vista NSW 2153	Shakeel Karim Darren Price
Progroup Management Pty Ltd	$1,813,769.66	Suite 1.03, 32-38 Delhi Road, Macquarie Park, NSW 2113	Kenneth John McCraken Donald Stein Andrew Wise
Sudiro Constructions Pty Ltd	$1,871,572.63	Unit 37 / 1 Talavera Rd, Macquarie Park, NSW 2113	Anthony Sudiro
Metro Construction Group Pty Ltd	$1,888,218.00	G7/218 Parramatta Road, Homebush, NSW 2140	Siraj Ul-Haque
2020 Projects Pty Ltd	$1,897,472.00	L14, 275 Alfred St, North Sydney, NSW 2060	John Touma
Reld Group Pty Ltd	$1,998,747.62 *	1/112 Majors Bay Road, Concord, NSW 2137	Reuben Lagos Elie Esber
Adonis Building and Maintenance	$2,050,700.00	722 Pennant Hills Rd, Carlingford, NSW 2118	Bijan Noorizadeh Elham Noorizadeh
CC Consulting Services Pty Ltd	$2,167,733.40	1212a Lasso Rd, Gregory Hills, NSW 2557	Chris Cakovski
Coverit Building Group Pty Ltd	$2,642,200.00	Unit 18 37/47 Borec Road, Penrith NSW 2750	Shane Comans
Vertex Group Australia Pty Ltd	$2,682,214.73	1/27 Dell St, Woodpark, NSW 2064	Anthoni Elmargi William Abuali
Builders Anonymous Pty Ltd	$2,905,632.22	275 Goulburn Street, Surry Hills, NSW 2010	Natasha Dunne Eugene Murnane

* (Non-conforming tender submission)

Evaluation of the Preferred Tender

All sixteen tenders were assessed against the evaluation criteria.

On assessment of the submissions, the evaluation panel determined that the response from Reld Group was initially preferred based on their appreciation of the project as well as their competitive price. Upon further review of their exclusions and itemised pricing schedule it was noted that a key deliverable within the tendered scope of works had not been included and priced for correctly. Due to this, it was acknowledged that Reld Group’s lump sum pricing was not accurate and therefore the panel were required to determine their submission as non-conforming.

As a result, it was determined that Phillip McNamara of 97 Taylor Road Cranebrook, trading as Cranebrook Constructions represented best value for money and clearly demonstrated their suitability to undertake the project. Some clarification was sought over their program of which the evaluation panel was satisfied with the response provided. Phillip McNamara of 97 Taylor Road Cranebrook, trading as Cranebrook Constructions is a local supplier to the Penrith Local Government Area and has previously completed multiple projects of a similar nature for Penrith City Council.

The recommended company, Phillip McNamara of 97 Taylor Road Cranebrook, trading as Cranebrook Constructions, was selected based on their:

1. Compliance with the tender evaluation criteria,

2. Demonstrated ability to meet Council’s requirements; and

3. Competitive price for the services offered.

The pricing from Phillip McNamara of 97 Taylor Road Cranebrook, trading as Cranebrook Constructions, is in a range consistent with opinion of probable costs when factoring in escalation of market prices in recent tenders.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Phillip McNamara of 97 Taylor Road Cranebrook, trading as Cranebrook Constructions. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

The recommended tender cost is within budget and is funded under both the New South Wales Government Multi-Sports Community Facility Fund and Council’s Building Asset Renewal Program.

The estimated maintenance and operational cost requirements for this project starts at $81,712 per annum. Council’s future asset maintenance budgets and asset renewal programs will be adjusted as per Council’s Budget Guidelines at completion of the project.

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Adam Wilkinson- Director Asset Services, Adam Beggs – Head of Governance and Neil Farquharson – Chief Finance Officer were briefed by the Design and Projects team about the background and the process followed.

The TAG considered the recommendations in relation to the tender PCC2024-90 Monfarville Amenity Building and Landscaping Works noting that while the recommended tender was not the lowest price initially, the company has demonstrated their ability to meet Council’s requirements, and their proposal was considered to be the most advantageous to Council for the scale of this project. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

The tender process outlined in this report includes controls regarding probity and ensuring value for Council, overseen by the Tender Advisory Group. The works will be undertaken in accordance with Work Health & Safety systems. This project will replace an existing amenities building, with public safety a key part of the construction methodology and project plan. Part of this methodology was to ensure the works are to be undertaken with consideration to ongoing operations at the facility and limiting impacts throughout the delivery phase.

Conclusion

Sixteen tenders were assessed against the evaluation criteria. Phillip McNamara of 97 Taylor Road Cranebrook, trading as Cranebrook Constructions provided the best price that also met the tender evaluation criteria to undertake the project. It is recommended that the tender from Phillip McNamara of 97 Taylor Road Cranebrook, trading as Cranebrook Constructions, for the amount of $1,590,885.00 (excluding GST) be accepted for Monfarville Amenity Building and Landscaping Works.

RECOMMENDATION

That:

1. The information contained in the report on PCC2024-90 Monfarville Amenity Building and Landscaping Works be received.

2. The tender from Phillip McNamara of 97 Taylor Road Cranebrook, trading as Cranebrook Constructions, for the amount of $1,590,885.00 (excluding GST) be accepted for Monfarville Amenity Building and Landscaping Works.

3. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

4. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 11 November 2024

PCC2024-148 Refurbishment Works Kids Place Childcare Centre, Emu Plains

Compiled by: Mitchell Sammut, Project Lead

James Craig, Project Supervisor

Authorised by: Daniel Pitton, Head of Design and Projects

Adam Wilkinson, Director Asset Services

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Principal Activity	Design and deliver Council’s major capital projects

Executive Summary

A selective tender for Refurbishment Works Kids Place Childcare Centre, Emu Plains was advertised on Thursday 25 July 2024 on the VendorPanel website and closed on Wednesday 04 September 2024.

This report advises Council of the outcome of the tender process and recommends that the tender from Chips Property Trade Services, for the amount of $390,121.00 (excluding GST) be accepted for Refurbishment Works Kids Place Childcare Centre, Emu Plains.

Background

The current Kids Place Childcare Centre in Emu Plains requires repairs to ensure long term lifecycle of the asset. Specifications and a scope were produced based to undertake minor refurbishment works to the meet the current standards and codes. Funding for the project is through Council’s Building Asset Renewal Program.

The works include;

• Full internal paint, including all trims and window frames to Council’s standard colour scheme

• Door and window replacements, repairs and upgrades

• Install Abloy locking system throughout entire building

• New floor coverings to Council's standard floor specification to office, staffroom, cot room

• New LED lights throughout to Council's standard specification-internal and external

• Upgrade to current fire requirements

• Landscaping works

• Full external paint of building to all painted surfaces

• Retile back veranda and repair

• Cladding to eastern and southern side office / foyer with FC compressed

• New Council signage

• General repairs and replacement to roofing and gutters and downpipes

• Upgrade to kitchen area

Tender Evaluation Panel

Evaluation Criteria

Contractors for the project were required to submit their tender using the VendorPanel tendering software, which clearly defined the response required against each of the evaluation criteria.

The quotes received were assessed using the advertised evaluation criteria of:

• Company Profile

• Conformance, Acceptance and Declaration

• Business References

• Completion of Forms Tender Price submitted

• Compliance Statement

• Demonstrated Ability

• Works Method and Program

• Local Business Preference

• Quality Assurance Systems

• Environmental Management Systems

The following was not assessed as it was previously assessed in the RFT22/23-017 Building Maintenance and Minor Construction Works:

• Employment Policies

• Work Health and Safety

• Financials

Summary of Quotes Received

A total of six (6) tenders were received by the closing date of the advertised tender and are listed below in price order, excl GST (lowest to highest).

Company	Tendered Price	Company Address	Owners/Directors
Sudiro Constructions Pty Ltd	$360,531.74	37 / 1 Talavera Rd Macquarie Park, NSW 2113	Anthony Sudiro
Chips Property Trade Services Pty Ltd	$390,121.00	Unit 1, 442 Victoria St Wetherill Park NSW 2164	Paul Giordano, James Axiak
Westbury Constructions Pty Ltd	$408,933.00	Unit 601, 5 Celebration Drive Bella Vista NSW 2153	Darren Price
Rogers Construction Group	$433,025.00	74 Edward Street Riverstone NSW 2765	Mitchell Rogers
Progroup Management Pty Ltd	$503,317.13	Suite 103, 32 Delhi Road, Macquarie Park NSW 2113	Kenneth John McCracken, Andrew Wise, Bradley Ross
Coverit Building Group	$576,350.00	Unit 18/37-47 Borec Rd Penrith, NSW 2750	Shane Comans

Evaluation of the Preferred Tender

All six tenders were assessed against the evaluation criteria.

Westbury Constructions Pty Ltd, Rogers Construction Group, Progroup Management Pty Ltd and Coverit Building Group exceed the available budget so, were not considered further.

On assessment of the submissions, Sudiro Constructions Pty Ltd had the lowest price however, scored below Chips Property Trade Services Pty Ltd on the overall assessment criteria. Specifically in assessment criteria, Sudiro Constructions Pty Ltd scored lower than Chips Property Trade Services Pty Ltd based on previous experience in managing construction projects in childcare centres or similar. Given the specific timeframes noted within the scope and nature of works, it was determined that Chips Property Trade Services had superior capability and staff availability to undertake the project works.

The panel determined that Chips Property Trade Services Pty Ltd provided the best overall value to Council based on price and responses to the assessment criteria, clearly demonstrating their suitability to undertake the project.

Chips Property Trade Services Pty Ltd are a part of Council’s Building Maintenance and Minor Construction Works for the services of building contractors who have the experience in building and roofing works.

The recommended company, Chips Property Trade Services Pty Ltd was selected based on their:

1. Compliance with the tender evaluation criteria,

2. Demonstrated ability to meet Council’s requirements; and

3. Competitive price for the services offered.

Financial Implications

The estimated maintenance and operational cost requirements for this project starts at $11,250 per annum. Council’s future asset maintenance budgets and asset renewal programs will be adjusted as per Council’s Budget Guidelines at completion of the project.

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Adam Wilkinson - Director Asset Services, Adam Beggs – Head of Governance and Neil Farquharson – Chief Financial Officer were briefed by the Design and Projects team about the background and the process followed.

The TAG considered the recommendations in relation to the tender PCC2024-148 Refurbishment Works Kids Place Childcare Centre, Emu Plains noting that the recommended tender was not the lowest price, the company has demonstrated their ability to meet Council’s requirements and their proposal was considered to be the most advantageous to Council for the scale of this project. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

Conclusion

Six tenders were assessed against the evaluation criteria. Chips Property Trade Services Pty Ltd provided the best overall tender, that met the tender evaluation criteria to undertake the project. It is recommended that the tender from Chips Property Trade Services, for the amount of $390,121.00 (excluding GST) be accepted for Refurbishment Works Kids Place Childcare Centre, Emu Plains.

RECOMMENDATION

That:

1. The information contained in the report on PCC2024-148 Refurbishment Works Kids Place Childcare Centre, Emu Plains be received.

2. The tender from Chips Property Trade Services, for the amount of $390,121.00 (excluding GST) be accepted for Refurbishment Works Kids Place Childcare Centre, Emu Plains.

3. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

4. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 11 November 2024

PCC2024-117 Concrete and Asphalt Sawing, Coring and Grinding

Compiled by: Gowry Gowrythasan, Civil Operations Engineer

Authorised by: Linda Ross, Head of City Presentation

Adam Wilkinson, Director Asset Services

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Service Activity	Improve the amenity of the City’s roads, pathways and drainage network

Executive Summary

A tender for the provision of Concrete and Asphalt Sawing, Coring and Grinding Services within the Penrith Local Government Area for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods, was advertised on 9 May 2024 and closed on 5 June 2024.

This report advises Council of the outcome of the tender process to establish a preferred list of contractors and recommends that the tenders from:

• Mastercut Concrete Aust Pty Ltd and Ripa Concrete Cutting Services be accepted for the provision of Concrete and Asphalt Sawing and Coring services

• Mastercut Concrete Aust Pty Ltd and The Australian Grinding Company be accepted for the provision of Concrete Footpath Grinding Services

Both have a period of three (3) years and have an option by council to extend for a further two (2) x one (1) year periods, subject to satisfactory performance.

Background

The purpose of this Tender was to establish a preferred list of contractors to perform part or all of the following services on an ‘as required’ basis throughout the term of the agreement. The preferred list of contractors had to be capable of providing the following services:

• Concrete and Asphalt Sawing

• Concrete and Asphalt Coring

• Concrete Footpath Grinding

The current contract arrangement for these services has expired on 31 October 2024.

The annual expenditure for these services in the last three financial years is listed below:

Financial Year 2021/22: $91,341

Financial Year 2022/23: $97,418

Financial Year 2023/24: $110,922

Tenders were advertised via eTendering and the VendorPanel website on 9 May 2024 for the provision of Concrete and Asphalt Sawing, Coring and Grinding Services.

Tenderers were required to submit their tender via Council’s tendering portal at VendorPanel Public Tenders which clearly identified the required response against each of the evaluation criteria.

Tenderers were also required to complete a price schedule setting out the unit rates for Concrete & Asphalt Sawing, Concrete & Asphalt Coring and Concrete Footpath Grinding.

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Council Officers - Gowry Gowrythasan (Civil Operations Engineer), Paresh Bhattarai (Senior Project Engineer), Lynden Tippett (Field Coordinator), Noel Wright (Field Coordinator) and Arvind Kumar (Assistant Field Coordinator).

Tender evaluation process, including administration, probity and legal compliance, was facilitated by Allyce Langton (Procurement Business Partner). Work Health and Safety compliance was evaluated by Dragina Beckdache (Work Health and Safety Business Partner).

Evaluation process

The process for the evaluation of tenders was as follows:

1. Initial review of tenders to determine compliance with the evaluation criteria, including the ability of tenderers to provide the full range of services specified.

2. Assessment of costs based on the unit rates tendered and the capacity of the company to perform the services, and determination of a short-list based on the best rankings from 1 above.

3. Further evaluation of the short-listed companies through the independent Financial Risk Analysis.

Tender Evaluation Criteria

The Tender evaluation criteria, listed below, was advertised and used in assessing the tenders received:

Compliance Criteria

• Statement of Conformance

• Compliance and Conflicts of Interest

• Tenderer’s Workplace Relations Information

• Current Insurance Polices

• WHS Management System and Modern Slavery Laws

• Quality Management System

• Environment Management System

Qualitative Criteria

• Capacity to Perform the Work

• Past Performance similar to the work/services

• Schedule of Rates

• Local Supplier

Summary of Tenders Received

A total of 5 submissions were received from the following respondents (listed in alphabetical order) in response to the advertised tender:

Tenderer's Name	Location of the Business	Names of Business Owners and/or Names of the Board of Directors
Alpha Civil Group Pty Ltd	1/29 Albyn St, Bexley NSW 2207	George Apokis
Mastercut Concrete Aust Pty Ltd	Unit 10, 84 Riverside Rd, Chipping Norton NSW 2170	Steven John McCann
NSW Building and Civil Pty Ltd	11 Loftus St, Turrella NSW 2205	Youssef Arbid
Ripa Concrete Cutting Services	6 Prince William Drive, Seven Hills NSW 2147	Andreas Alexander Schiller Paul Anthony Gambell
The Australian Grinding Company Pty Ltd	Suite 8, 2-20 Shore St West, Ormiston QLD 4160	Alan Van Veen John Goedemans

Criteria Evaluation

Mastercut Concrete Aust Pty Ltd, Ripa Concrete Cutting Services and The Australian Grinding Company Pty Ltd have demonstrated compliance with each of the evaluation criteria for the services they tendered for and obtained high consensus scores for this evaluation. Therefore, they have been considered for the Price Evaluation.

Alpha Civil Group Pty Ltd and NSW Building and Civil Pty Ltd were unable to satisfy fully the criteria and hence were not further considered for the price evaluation.

Price Evaluation

Prices were requested for Concrete and Asphalt Sawing, Concrete and Asphalt Coring, and Concrete Footpath Grinding services. Mastercut Concrete Aust Pty Ltd has provided rates for all the services. Ripa Concrete Cutting Services has provided compliant response only for Concrete and Asphalt Sawing & Coring services, and The Australian Grinding Company Pty Ltd has provided compliant response only for Concrete Footpath Grinding services.

To enable a full comparison of the unit rates submitted, a total annualised cost for each tenderer has been calculated, based on the annualised quantity of each service.

Concrete & Asphalt Sawing Service

The annual estimated usage depend on the depth and length of the saw cuts, these were given to the tenderers. The depths of the saw cut are 25mm, 50mm, 75mm, 100mm, 125mm, 150mm, 175mm, 200mm, 225mm, 250mm, 275mm and 300mm. A total quantity of 8,250 metres of saw cut, at various depths from 25mm to 300mm, was considered based on the prices submitted for the evaluation.

Tenderer’s Name	Annualised Quantity in Length at Various Depth	Rate Range (25mm – 300mm)	Estimated Annual Expenditure
Tenderer’s Name	Annualised Quantity in Length at Various Depth	$/m	Estimated Annual Expenditure
Mastercut Concrete Aust Pty Ltd	8,250 m	$1.10 - $15.20	$49,715
Ripa Concrete Cutting Services	8,250 m	$3.00 - $24.00	$77,700

The tender rates from Mastercut Concrete Aust Pty Ltd were competitive and consistent with previous contract rates and represents the best value for Council. Therefore, the panel recommends Mastercut Concrete Aust Pty Ltd for the Concrete & Asphalt Sawing services as the primary supplier and Ripa Concrete Cutting Services as the secondary supplier, should the primary contractor be unavailable to perform the work or deliver within the time frame.

Concrete & Asphalt Coring Service

The annual estimated usage depends on the diameter and the depth of hole were given to the tenderers. The diameters of the core are 50mm, 75mm, 90mm, 100mm, 125mm, 150mm, 175mm, 200mm, 225mm, 250mm, 300mm, 350mm, 400mm and 500mm. A total quantity of 850 numbers of coring, at the rate per 10mm depth of hole, was considered based on the prices submitted for the evaluation.

Tenderer’s Name	Annualised Quantity in numbers at Various Diameter	Rate Range for Hole Diameter (50mm – 500mm)	Estimated Annual Expenditure
Tenderer’s Name	Annualised Quantity in numbers at Various Diameter	$Rate per 10mm Depth of Hole	Estimated Annual Expenditure
Mastercut Concrete Aust Pty Ltd	850 Nos	$1.30 - $13.00	$3,222
Ripa Concrete Cutting Services	850 Nos	$2.00 - $24.00	$3,725

The coring operation generally performed by Council internal resources using Council owned Coring Machines. However, should this service be required to supplement Council’s internal capacity, Mastercut Concrete Aust Pty Ltd is recommended as the primary supplier and Ripa Concrete Cutting Services as the secondary supplier, should the primary contractor be unavailable to perform the work or deliver within the time frame.

Concrete Footpath Grinding Service

The annual estimated usage for 30mm depth of grinding was given to the tenderers. A total quantity of 1,250 metres of footpath grinding was considered based on the prices submitted for the evaluation.

Tenderer’s Name	Annualised Quantity	Tendered Rate for depth up to 30mm	Estimated Annual Expenditure
		>100m <=1000m
		$ / m
Mastercut Concrete Aust Pty Ltd	1,250 m	$14.00	$17,500
The Australian Grinding Company Pty Ltd	1,250 m	$23.00	$28,750

The tender rates from Mastercut Concrete Aust Pty Ltd were competitive and consistent with previous contract rates and represents the best value for Council. Therefore, the panel recommends Mastercut Concrete Aust Pty Ltd for the Concrete Footpath Grinding services as the primary supplier and The Australian Grinding Company Pty Ltd as the secondary supplier, should the primary contractor be unavailable to perform the work or deliver within the time frame.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Mastercut Concrete Aust Pty Ltd, Ripa Concrete Cutting Services and The Australian Grinding Company . These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

Funding for this work is on an 'as required' basis. The annual Operational Plan has provisions within the Civil Asset Maintenance budget for roads and footpath works.

Risk Implications

There is no risk implications associated with this report subject to the recommendations. All the services are on ‘as required’ basis within the operational/project requirements and the payment to be subject to the satisfactory completion of the work performed.

Tender Advisory Group Comment

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Adam Wilkinson – Director Asset Services, Adam Beggs – Head of Governance and Neil Farquharson – Chief Financial Officer were briefed by the Civil Operations team about the background and the process followed.

The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Conclusion

Based on both price and effectiveness, the Tender Evaluation Panel are of the opinion that Mastercut Concrete Aust Pty Ltd has provided a competitive rate, value for money and has demonstrated its capabilities in accordance with the tender requirements. Therefore, they are recommended as the preferred contractor for the Concrete and Asphalt Sawing, Coring and Concrete Footpath Grinding Services.

Ripa Concrete Cutting Services to be recommended as the secondary provider for the Concrete and Asphalt Sawing and Coring Service.

The Australian Grinding Company Pty Ltd to be recommended as the secondary provider for the Concrete Footpath Grinding Services, should the primary contractor be unavailable to perform the work or deliver within the time required, or default in their responsibilities under the agreement.

Preferred List of Contractors

Service Contract

Preferred Tenderer Ranking

Concrete and Asphalt

Sawing and Coring Services

1. Mastercut Concrete Aust Pty Ltd

2. Ripa Concrete Cutting Services

Concrete Footpath

Grinding Services

1. Mastercut Concrete Aust Pty Ltd

2. The Australian Grinding Company Pty Ltd

RECOMMENDATION

That:

1. The information contained in the report on PCC2024-117 Concrete and Asphalt Sawing, Coring and Grinding be received.

2. A new three (3) years contract with an option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender:

a. Concrete & Asphalt Sawing and Coring services be awarded to Mastercut Concrete Aust Pty Ltd as the primary contractor and Ripa Concrete Cutting Services as the secondary contractor.

b. Concrete Footpath Grinding services be awarded to Mastercut Concrete Aust Pty Ltd as the primary contractor and The Australian Grinding Company Pty Ltd as the secondary contractor.

3. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

4. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 11 November 2024

PCC2025-191 Kindana Long Day Care Refurbishment

Compiled by: James Craig, Project Supervisor

Authorised by: Daniel Pitton, Head of Design and Projects

Adam Wilkinson, Director Asset Services

Outcome	We manage and improve our built environment
Strategy	Plan for and maintain accessible, safe and high quality infrastructure
Principal Activity	Design and deliver Council’s major capital projects

Executive Summary

A selective tender for Kindana Long Day Care Refurbishment was advertised on Monday 9 September 2024 on the VendorPanel website and closed on Monday 14 October 2024.

This report advises Council of the outcome of the tender process and recommends that the tender from Westbury Constructions Pty Ltd, for the amount of $398,446.45 (excluding GST) be accepted for Kindana Long Day Care Refurbishment.

Background

The current Kindana Long Day Care Centre in St Clair requires repairs to ensure long term lifecycle of the asset. Specifications and a scope were produced based to undertake refurbishment works to the meet the current standards and codes. Funding for the project is through Council’s Building Asset Renewal Program.

The works include:

• Refurbished children’s and staff bathroom including full accessibility for the staff bathroom

• Re-design and improvements to staff and children’s facilities including offices, play areas, laundries, storerooms and baby change rooms.

• Improvements to security, lighting and power (including bringing existing services up to current codes)

• Installation of new external façade work and signage to create a modern and standardised look across Council’s childcare facilities.

• General ‘cosmetic’ work including internal and external painting, roof repairs and new guttering, new flooring, new joinery, new door hardware, and window security screens.

• Minor landscape works, new paving and fencing

Tender Evaluation Panel

The Tender Evaluation Panel consisted of Council Officers - Project Supervisor Peter Foster, Project Supervisor Greg Bretherton and was chaired by Acting Project Lead James Craig. Allyce Langton from Council’s Procurement team performed the role of tender administration and probity officer for this tender.

Evaluation Criteria

Contractors for the project were required to submit their tender using the VendorPanel tendering software, which clearly defined the response required against each of the evaluation criteria.

The quotes received were assessed using the advertised evaluation criteria of:

• Company Profile

• Conformance, Acceptance and Declaration

• Business References

• Completion of Forms Tender Price submitted

• Compliance Statement

• Demonstrated Ability

• Works Method and Program

• Local Business Preference

• Quality Assurance Systems

• Environmental Management Systems

The following was not assessed as it was previously assessed in the RFT22/23-017 Building Maintenance and Minor Construction Works:

• Employment Policies

• Work Health and Safety

• Financials

Summary of Quotes Received

A total of six (6) tenders were received by the closing date of the advertised tender and are listed below in price order, excl GST (lowest to highest).

Company	Tendered Price	Company Address	Owners/Directors
Chips Property Trade Services Pty Ltd	$382,769.38	Unit 1, 442 Victoria St Wetherill Park NSW 2164	Paul Giordano, James Axiak
Sudiro Constructions Pty Ltd	$388,610.56	37 / 1 Talavera Rd Macquarie Park, NSW 2113	Anthony Sudiro
Westbury Constructions Pty Ltd	$398,446.45	Unit 601, 5 Celebration Drive Bella Vista NSW 2153	Darren Price
Rogers Construction Group	$406,715.00 *	74 Edward Street Riverstone NSW 2765	Mitchell Rogers
Progroup Management Pty Ltd	$533,295.25	Suite 103, 32 Delhi Road, Macquarie Park NSW 2113	Kenneth John McCracken, Andrew Wise, Bradley Ross
Acron Building Services Pty Ltd	$557,596.62	7 / 20 Tucks Rd Seven Hills, NSW 2147	Greg Clark

* (Non-conforming tender submission)

Evaluation of the Preferred Tender

All six tenders were assessed against the evaluation criteria.

On assessment of the submissions, Chips Property Trade Services Pty Ltd submitted the lowest price, however had not factored into their program public holidays over the Christmas period and subsequently the program submitted became uncertain as to a practical completion date. This was a key consideration in the assessment as the project works are to be undertaken during this period to minimise impact on the operations. Sudiro Constructions Pty Ltd also provided a competitive price, however their submission did not reflect relevant considerable experience in managing construction projects in childcare centres or similar. Rogers Construction Group responded to the assessment criteria superior to other respondents however upon review of their exclusions, the panel noted that a key deliverable had been excluded from the scope. The item included as a substitute did not meet the requested specification provided in the scope of works. Subsequently, the panel determined the tender submission from Rogers Construction Group was deemed non-conforming.

The panel determined that Westbury Constructions Pty Ltd provided the best overall value to Council based on price and responses to the assessment criteria, clearly demonstrating their suitability to undertake the project.

The recommended company, Westbury Constructions Pty Ltd was selected based on their:

1. Compliance with the tender evaluation criteria,

2. Demonstrated ability to meet Council’s requirements; and

3. Competitive price for the services offered.

Financial Implications

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on Westbury Constructions Pty Ltd. These checks were completed by Equifax Australasia Credit Ratings Pty Ltd. Financial Services have reviewed the financial information provided by the tenderer and have not identified any reason why the contract should not be awarded.

The recommended tender cost is within budget and is funded under Council’s Building Asset Renewal Program.

The estimated maintenance and operational cost requirements for this project starts at $13,813 per annum. Council’s future asset maintenance budgets and asset renewal programs will be adjusted as per Council’s Budget Guidelines at completion of the project.

Tender Advisory Group Comments

The objective of the Tender Advisory Group (TAG) is to support the Council to achieve fair and equitable tender processes. The TAG, consisting of Adam Wilkinson - Director Asset Services, Adam Beggs – Head of Governance and Neil Farquharson – Chief Financial Officer, were briefed by the Design and Projects team about the background and the process followed.

The TAG considered the recommendations in relation to the tender PCC2025-191 Kindana Long Day Care Refurbishment noting that while the recommended tender was not the lowest price, the company has demonstrated their ability to meet Council’s requirements, and their proposal was considered to be the most advantageous to Council for the scale and nature of this project. The TAG reviewed the evaluation process outlined within the report and is satisfied that the selection criteria have been correctly applied in making the recommendations.

Risk Implications

The tender process outlined in this report includes controls regarding probity and ensuring value for Council, overseen by the Tender Advisory Group. The works will be undertaken in accordance with Work Health & Safety systems. This project will refurbish the centre with public safety a key part of the construction methodology and project plan. Part of this methodology was to ensure the volume of works to be undertaken are done so when operations at the facility are minimal.

Conclusion

Six tenders were assessed against the evaluation criteria. Westbury Constructions Pty Ltd provided the best overall submission, that met the tender evaluation criteria to undertake the project. It is recommended that the tender from Westbury Constructions Pty Ltd, for the amount of $398,446.45 (excluding GST) be accepted for Kindana Long Day Care Refurbishment.

RECOMMENDATION

That:

1. The information contained in the report on PCC2025-191 Kindana Long Day Care Refurbishment be received.

2. The tender from Westbury Constructions Pty Ltd, for the amount of $398,446.45 (excluding GST) be accepted for Kindana Long Day Care Refurbishment.

3. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

4. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 11 November 2024

2023-24 Penrith City Council Annual Report

Compiled by: Craig Shepherd, Corporate Planning and Performance Lead

Authorised by: Jeni Pollard, Head of Future Directions and Resilience

Kylie Powell, Director Futures and Strategy

Outcome	We have open and collaborative leadership
Strategy	Deliver an efficient, transparent and accountable service to the community
Principal Activity	Ensure our Integrated Planning and Reporting responsibilities are met

Executive Summary

The purpose of this report is to present the 2023-24 Penrith City Council Annual Report. The 2023-24 Penrith City Council Annual Report (Annual Report), found as a separate enclosure, documents the organisational achievements in implementing our 2022-26 Delivery Program with a focus on 2023-24 Operational Plan. The report includes highlights, challenges, and information on statutory matters including financial results for the reporting period.

The report also aims to provide our community with an understanding of Council’s activities over the previous 12 months and the benefits to the community as a result of those activities.

Content for the Annual Report has been drawn from the 2022-26 Delivery Program progress reports and supplemented with additional information sought from across Council, importantly to meet both our legislative reporting requirements and ensure our community has a good understanding of our activities.

This report recommends that the information contained in the 2023-24 Penrith City Council Annual Report be endorsed by Council, and that the 2023-24 Annual Report be submitted to the NSW Office of Local Government by 30 November 2024.

Background

The Local Government Act (1993) requires Council to produce an Annual Report each year and submit it to the Office of Local Government by 30 November. Council’s Annual Report must be presented to the Minister for Local Government and posted on Council’s website within 5 months of the end of the financial year. The report must focus on Councils performance in implementing the adopted Delivery Program and annual Operational Plan but must also include a range of other information as specified in the Local Government Act and Regulations, and other legislation.

The Annual Report is also a significant element of the Integrated Planning and Reporting (IP&R) framework, as it reports on Council’s progress in delivering on the 4 year Delivery Program’s Principal Activities and the actions in the annual Operational Plan.

Whilst reporting is a statutory requirement, we strive to report clearly and openly with our community and other stakeholders to provide a complete picture of all our activities, achievements, challenges and spending.

Current Situation

The 2023-24 Annual Report is the second Annual Report of the Delivery Program. The report covers the period 1 July 2023 to 30 June 2024 and demonstrates progress made against the Community Strategic Plan Community Outcomes, along with Council’s Delivery Program Principal Activities and 2023-24 Operational Plan Actions. This year’s Annual Report aims to be a comprehensive and visual representation of Council’s activities, services and achievements over the 2023-24 financial year.

The report includes progress against the measures included in the 2022-26 Delivery Program against each Principal Activity, along with other required information to ensure we meet our legislative reporting requirements.

In brief, the report outlines a number of highlights and case studies including:

· The official community opening of the new City Park. Located on the corner of Henry and Station Streets in the Penrith City Centre, developed with a strong sustainability aesthetic with central lawn, rain garden and amenities building. The City Park will support economic development and community activity in the Penrith City Centre over the coming decades.

· Evidence based planning, and the delivery of key initiatives that support economic development and land use planning that community aspirations such as more jobs closer to home, enhanced liveability and vibrancy of our centres.

· The endorsement of the St Marys Structure Plan has been a key step in the realisation of St Marys as a strategic centre, leveraging off significant government investment such as the Western Sydney International airport and Metro, due for delivery in 2026.

· Council has moved towards halving our emissions in the past 12 months due largely to the Power Purchase Agreement providing 100% renewable energy for large sites, streetlighting and smart metered small sites, as well as 20% greenpower purchase for small sites. This has moved our organisation well ahead of our 2030 target.

· The strengthening and prioritising of our advocacy efforts on behalf of residents, enabling Council to be responsive to the change and transformation of our region. The advocacy efforts continue to influence decision making on funding and sequencing of critical infrastructure and policy.

· The rolling out of Food Organics Garden Organics (FOGO) in multi-unit dwellings, trialling the introduction of FOGO in 160 complexes. This trial will significantly increase the opportunity for residents to participate in the program and assist in redirecting food waste from land fill.

· The completion of the Customer Feedback and Complaint Management Project, aimed at providing a streamlined and transparent feedback management process to ensure that our customers were heard and honouring 'Our Customer Promise'.

· Penrith City Council was successful in being named the Overall Sustainable City at the 2023 Keep Australia Beautiful NSW awards. Reflecting the longstanding leadership of Penrith in the use of recycled materials in infrastructure projects, our successful FOGO program and innovation in community recycling events.

· Council’s participation in the Australasian Management Challenge, competing against teams from 21 other Councils across the state. The Challenge is a valuable learning experience for staff, tested in real life scenarios.

· The rolling out of the One Community Many Abilities campaign, aimed at increasing awareness about the diverse abilities of individuals in Penrith. This work was identified as a priority from Council’s Access Committee and has proven to be one of our most successful social media campaigns.

· Meeting with and listening to our multicultural community at a special event held during Harmony Week. The Community Leaders dinner brought local cultural and faith-based groups together with our elected representatives to discuss the needs and diverse aspirations of our community.

· The return of the Real Festival, Penrith’s flagship event with attendance of over 50,000 over 3 days of fun, creative and thought-provoking programming. The Real Festival continues to be a show case of our beautiful nature environment afforded by the river as well as the creative energy of our community.

· Emphasis on resilience building through activities such as the Village Café, extended into Wallacia to support residents impacted by repeated flooding and inundation. This work has also extended into focussed activities with our local community sector to build better understanding of their role and business continuity planning in the context of natural disasters.

· Council continued to achieve a high level of customer service for 2023-24, achieving an after-call satisfaction rating of 96% from 3,651, and a mystery

shopper score of 90% from 60 evaluations.

The 2023-24 Annual Report also includes the 2024 State of Our City Report as an appendix, as required by the Integrated Planning and Reporting (IP&R) framework.

Once endorsed, the Annual Report will be submitted to the NSW Office of Local Government by 30 November 2024 and placed on Council’s website.

Financial Implications

The 2023-24 Penrith City Council Annual Report presents a summary of the performance of Council over the financial year. The Annual Report contains a financial summary of Council’s operations over 2023-24 and should be read in conjunction with Council’s 2023-24 Financial Statements.

There are no direct financial implications associated with this report.

Risk Implications

Under the Local Government Act (1993), Council must produce an Annual Report each year and submit it to the Office of Local Government. The 2023-24 Penrith City Council Annual Report is prepared in line with our responsibilities under the Local Government Act 1993 and Local Government (General) Regulation 2005 and other legislation to provide a range of information to our community and other levels of government. A compliance checklist is included in the Annual Report to demonstrate how we have met our reporting obligations.

Conclusion

The 2023-24 Annual Report provides an overview of the work that Council has delivered over the 2023-24 financial year. The Report focuses on what we have achieved in implementing Council’s 2022-26 Delivery Program and 2023-24 Operational Plan and includes highlights, challenges, information about the Penrith local government area and information on several other statutory matters including financial results for the reporting period.

The report is a requirement of the Local Government Act (1993) and the Integrated Planning and Reporting Framework.

RECOMMENDATION

That:

1. The information contained in the report on 2023-24 Penrith City Council Annual Report be received.

2. The 2023-24 Penrith City Council Annual Report be endorsed for submission to the NSW Office of Local Government by 30 November 2024, subject to minor amendments and design enhancements.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 11 November 2024

Organisational Financial Review - September 2024

Compiled by: Ben Collins, Strategic Finance Coordinator

Neil Farquharson, Chief Financial Officer

Authorised by: Matthew Bullivant, Director Corporate Services

Outcome	We have open and collaborative leadership
Strategy	Deliver an efficient, transparent and accountable service to the community
Principal Activity	Support financial sustainability through financial planning and budget management and provide accurate reporting to the community

Executive Summary

This report outlines Council’s progress towards implementing its four-year Delivery Program for the first quarter period of 1 July 2024 to 30 September 2024. The report should be read in conjunction with the attached Organisational Report – September 2024, which records significant Variations, Reserve movements, proposed Revotes, Contracts, Consultancies and Legal Expenses, Cash and Investments position, Income and Expenses, and our expenditure in relation to the organisation’s Operating and Capital Projects for 2024-25.

Council projected a balanced Budget in the adoption of the original 2024-25 Operational Plan. The September quarter has presented some variations to the Budget as is often the case with this first review, as many of the estimates and assumptions included in the original Budget are confirmed. The most notable variations in this review that impact upon the Budget position include: Contribution to Pound ($400k), Contribution to Blue Mountains City Council Animal Holding Facility ($100k) and Salary Savings ($778k). Overall, September quarter variations have resulted in a surplus of $403,562 for the first quarter of 2024-25.

It is proposed as part of the September Quarter Review to transfer the first quarter surplus of $403,562 to the Financial Management Reserve. This allocation prudently provides capacity to respond to any current and emerging priorities, including challenges identified in the latest iteration of Councils Long Term Financial Plan which forms part of Councils adopted Operational Plan, and results in a balanced budget position being predicted for 2024-25. Further details on proposed major variations are provided in this report, with more detail also included in the Organisational Report – September 2024.

This report recommends that the Organisational Financial Review – September 2024 be received, and that the revised Budget estimates identified in the report and detailed in the Organisational Report – September 2024 be adopted.

Financial Position for the September 2024 Quarter

The financial position of Council for the quarter is expressed by providing information in compliance with Quarterly Budget Review Statement (QBRS) requirements on:

· Budget position (whether balanced/surplus or deficit)

· Funding summary

· Significant variations affecting budget position

· Significant variations not affecting budget position

· Reserve movements for the quarter

· Income and expenses

· Capital budget

· Cash and investments

· Key performance indicators

· Contracts and other expenses

· Consultancy and legal expenses

· Capital and Operating Budget Projects list for the quarter.

Budget Position

	$’000s
Original Budget Position 2024-25	0
September 2024 Quarter Variations Adopted by the Council	0
September 2024 Quarter Review Proposed Variations	404
Less: Transfer to Financial Management Reserve Revised Budget Position Surplus/(Deficit) projected to June 2025	(404) 0

The predicted cumulative result for the year as at September 2024 is a balanced Budget after the recommended variations for the quarter, and the proposed allocation to Financial Management Reserve. Further details including significant proposed variations, variations with no impact on available funds, and reserve movements, are detailed in the attached Organisational Report – September 2024.

Adjustments for Council’s Financial Assistance (FA) grant for 2024-25 have also been included in the September quarter review and are detailed in the attached Organisational Report – September 2024. Local Government FA grants are General Purpose grants that are paid to local councils under the provisions of the Commonwealth Local Government (Financial Assistance) Act 1995. Councils FA Grant entitlement for 2024-25 including adjustments is $12.7m of which $10.7m was paid in advance in June 2024. Councils Entitlement is $95,138 greater than budgeted for the General Component and $152,353 greater than budgeted for the roads component.

The allocation of the total National FA Grant figure to each State is determined by its projected share of the population for the General component, and a fixed allocation for the Roads component (29% allocated to NSW). The allocation within each State is then calculated utilising numerous social and economic factors to assess relative need in the local area compared to other areas of the State. In addition, an adjustment is required each year for the previous year’s grant that considers variations in the actual CPI and population shares compared to the estimates used in calculations.

The NSW Local Government Grants commission has been working over several years to refine and improve its calculations consistent with National principles and NSW policy. These aim to allocate grants, as far as possible, to councils with the greatest relative disadvantage; for example, those with small and declining populations, limited revenue raising capacity, and relative isolation. Under revised parameters it’s likely that Penrith will see a decline in FA grant income in future years.

Other variations with no impact on Available Funds and Proposed Revotes

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of the more significant of these adjustments are provided in the Organisational Report – September 2024.

No projects are proposed for revote this quarter as is often the case in the first quarter of the financial year.

New Grants

In accordance with Councils Grant Applications Policy (adopted 30 May 2022) Attachment 2 highlights a list of grants that have been incorporated into the budget as part of the September 2024 Quarterly Review. As per the Policy, these grants have a value below $250,000, do not require matching funding from Council, have no ongoing costs, and therefore did not require a separate Council report.

Financial Implications

Adopting the recommendations within this report will mean Council’s 2024-25 Budget continues, at this stage, to predict a balanced budget position for the year. Further details of the financial implications are contained within the attached Organisational Report – September 2024.

Risk Implications

Clause 203 of the Local Government Regulation requires that the Budget Review Statements and a revision of estimates must be reported to the Council within two months after the end of each quarter (except the June quarter). This Quarterly Review incorporates a comprehensive analysis of Actuals vs Budgets across all areas of the organisation, and also proposes variations to the annual budget to be approved by the Council.

The Long-Term Financial Plan is updated on a regular basis in line with the reviews to ensure that forward projections reflect the most current assumptions. This review process, and long-term forecasting, minimise financial risk by supporting financial sustainability, transparency, and accountability.

The September 2024 Quarterly Review has been updated with the best available information, however there is every likelihood that more favourable and unfavourable variations will occur throughout the next nine months, as is the nature of Local Government operations. Such variations will be managed and reported to the Council for consideration.

Conclusion

This report, and the more detailed Organisational Report – September 2024 indicates that the performance of Council’s Capital and Operating Projects are on track to meet Council’s challenging annual program. Prudent financial management combined with the fine tuning and confirmation of budget assumptions have contributed to balanced budget being projected to June 2025.

Once adopted, the Organisational Report – September 2024 will be placed on Council’s website.

RECOMMENDATION

That:

1. The information contained in the report on Organisational Financial Review - September 2024 be received.

2. The Organisational and Financial Review as at 30 September 2024, including the revised estimates outlined in this report and detailed in the Organisational Report – September 2024, be adopted.

3. The first quarter surplus of $403,562 be transferred to the Financial Management Reserve as detailed in the Organisational Report – September 2024.

ATTACHMENTS/APPENDICES

1. ⇩	Organisational Report - September 2024	55 Pages	Attachments Included
2. ⇩	Grant Funding Attachment	1 Page	Attachments Included

Ordinary Meeting 11 November 2024

2025 Proposed Meeting Calendar

Compiled by: Sasha Abela, Governance Support Officer

Authorised by: Adam Beggs, Head of Governance

Outcome	We have open and collaborative leadership
Strategy	Corporate Enablers
Principal Activity	Manage Council’s meeting calendar, meeting process and business papers to ensure open and fair decision making

Executive Summary

The purpose of this report is to propose and adopt a Meeting Calendar for 2025. The report recommends that the draft Meeting Calendar for 2025 be adopted. If adopted, Council will have 12 Ordinary Council Meetings, 6 Policy Review Committee (PRC) Meetings and several other meetings, including Councillor Briefings, Working Parties and Committees.

In preparing the draft Meeting Calendar, staff have taken into consideration several statutory deadlines where certain reports have to be presented to Council, in addition to public holidays and other known commitments, including significant conferences.

Background

Section 365 of the Local Government Act 1993 states that the Council is required to meet at least 10 times each year, each time in a different month.

In 2021, the approach to the meeting calendar was amended to reduce the number of Policy Review Committee meetings and leave those vacant nights to be available to schedule other Council meetings if and as required, such as Councillor Briefings, Working Parties, professional development sessions and Committee Meetings.

This acknowledges the complexity and volume of work required for Council staff and councillors in a growing city. With that in mind the calendar proposes to schedule Councillor Briefings on most vacant Monday nights. If a night is not required meetings will be cancelled with as much notice as possible, rather than the alternate approach which has involved putting on additional Councillor Briefings at short notice on nights originally left vacant.

Current Position

In 2024, the Council will have met for 14 Ordinary meetings, 2 PRC meetings, 19 Councillor Briefings (2 held after PRC meetings) which represents a total of 35 (not including the 2 Briefings held after PRC) meetings for the year.

It is proposed in 2025 that the Meeting Calendar will be based (where possible) around holding 1 Ordinary meeting a month and 1 PRC meeting every second month. Council meetings will be held on the fourth Monday and PRC meetings will occur on the second Monday in months which they fall where possible. It is considered that this approach will continue to provide a level of consistency for Councillors and the community alike. It is proposed that other Mondays where there is no public holiday, will be utilised for Councillor Briefings, Working Parties, Professional Development sessions and Committees as required. All meetings will continue to commence at 7:00pm.

For 2025 it is proposed to have a total of 40 meetings including Councillor Briefings.

Draft 2025 Meeting Calendar

A draft Meeting Calendar has been prepared for 2025 and is based on the following assumptions:

· where possible Policy Review Committee meetings being held on the 2^nd Monday of every second month and Ordinary meetings on the 4^th Monday of each month.

· at least one Ordinary Council Meeting being held each month

· Deputy Mayoral Election being held on 22 September 2025

· alternating meetings where possible

· the public meeting cycle commencing with an Ordinary Meeting on 10 February 2025 to reduce the time between the last Council meeting in 2024 and first in 2025

· the meeting cycle concluding with an Ordinary Council Meeting on the second Monday in December – 8 December 2025.

The draft calendar has been discussed with the relevant staff and all statutory and operating obligations are able to be met, including adherence to key dates for consideration of the various corporate planning documents. It is because of some of these key dates that the meetings do not fall on their normal week.

In compiling the Calendar, consideration has been given to:

1. Public Holidays

· Monday, 27 January 2025 – Australia Day

· Friday, 18 April 2025 – Good Friday

· Monday, 21 April 2025 – Easter Monday

· Friday, 25 April 2025 - Anzac Day

· Monday, 9 June 2025 – King’s Birthday

· Monday, 6 October 2025 – Labour Day

2. Other known likely commitments such as:

· Local Government NSW (LGNSW) Annual Conference, Penrith (23 - 25 November 2025)

· UDIA National Congress, Brisbane (17 – 19 March 2025)

· Floodplain Management Conference, Melbourne (13 – 16 May 2025)

Financial Implications

There are no financial implications for Council associated with this report.

Risk Implications

There are no risks associated with this report.

Conclusion

The draft Meeting Calendar for 2025 (as appended) has been prepared in accordance with the Local Government Act 1993. It incorporates at least one Ordinary Council Meeting for the months from January through to December as required.

It is proposed that 12 Ordinary Council meetings and 6 Policy Review Committee meetings will be held in 2025 in addition to several other forums such as Councillor Briefings, Working Parties, Professional Development Sessions and Committees.

RECOMMENDATION

That:

1. The information contained in the report on 2025 Proposed Meeting Calendar be received.

2. The draft Council Meeting Calendar for 2025 be adopted.

ATTACHMENTS/APPENDICES

1. ⇩

2025 Proposed Meeting Calendar - Ordinary & PRC

1 Page

Appendix

Ordinary Meeting 11 November 2024

PCC2024-78 Human Resources and Payroll Systems Transformation

Compiled by: Stephannie Mikhail, Head of Business Excellence

David McIllhatton, Business Systems Lead

Authorised by: Matthew Bullivant, Director Corporate Services

Outcome	We have open and collaborative leadership
Strategy	Deliver an efficient, transparent and accountable service to the community
Principal Activity	Support and drive the organisation in identifying business improvement opportunities and service reviews

Executive Summary

Following an Expression of Interest process, a Request for Tender (RFT) for Human Resources and Payroll Systems Transformation, was advertised online through VendorPanel on 18 April 2024 and closed on 22 May 2024 at 11.00am.

The Human Resources and Payroll Systems Transformation is part of the Core Business Systems Transformational project which is a major organisational transformational project that will see business processes improved and modernised, with the assistance of a contemporary Enterprise Resource Planning (ERP) systems. The project is a Tier 1 project under Council’s Project Management Framework and will be the subject of oversight by the Executive Leadership Team Project Governance Group and Major Projects Working Party.

Community, customer and employee experience is at the heart of this change, which will deliver an efficient, effective, and seamless end to end business process. The technology solutions chosen will enable Council to sustainably provide service delivery to the community now and into the future. It is imperative that Council source the right mix of vendors to allow this to occur.

The Core Business Systems Transformational project encompasses the following ERP systems:

· Finance and Procurement System

· Asset Management System

· Property & Rating System

· Human Resources and Payroll Systems

The tender outcome for the Finance, Procurement, Property and Rating and Asset Management system was reported to the previous Council at the 12 August 2024 Ordinary meeting. Council resolved to negotiate with the TechnologyOne Ltd and to enter a contract on the satisfactory outcome of these negotiations. Those negotiations have concluded, and a contract has been entered with Technology One Ltd in accordance with the terms of Council’s previous resolution. A further report will be presented to Council with further information on the outcome.

This report focuses on the remaining systems being the Human Resources and Payroll systems which covers the areas of

· Human Resource Management

· Recruitment, Onboarding and Employee Lifecycle Management

· Development and Learning

· Payroll and Employee Entitlement and Benefit Management

· Work Health and Safety

This report advises Council of the outcome of the tender process and recommends that the tender from Gulanga Group Pty Ltd, for the fixed lump sum amount of $274,420 (excluding GST) for initial set up, configuration and implementation, and an annual subscription of $364,650, be accepted for the Human Resources and Payroll Systems Transformation project.

Background

Penrith City Council (Council) has embraced business transformation as a mechanism for addressing challenges arising from disparate, outdated, non-existent technology and processes, and for responding to local government trends and economic growth of the local area.

This journey commenced through the Council’s Customer Experience Strategy, which had a focus on improving the customer facing technology and the interaction with its customers and community. To further leverage this technology, Council’s core business systems also need to be transformed and optimised.

Council’s core business systems refer to software systems which manage the council’s day-to-day business activities such as accounting, human resources, payroll, procurement, regulatory compliance, property, development, rates, corporate reporting and asset management. Implementation of most of these systems occurred in early 2001 and inconsistent investment across these systems since then has resulted in a number of these systems no longer providing efficient and effective processes. In addition, several systems are reaching the end of life meaning no further development or support will be provided by the vendor.

Council engaged KPMG over two separate engagements to assist with the following

· Development of ERP strategy and roadmap including identification of systems to include.

· Development of an ERP Business Case.

· Development of solutions and functional requirements.

These engagements identified that a hybrid solution is the preferred technology model however this may need to be modified through the approach to market based on vendor responses and Council’s requirements at that time. A hybrid solution seeks the utilisation of an almost fully integrated solution but utilising other software vendors to fill in gaps in offerings. For example, finance, procurement, property & rating, corporate performance management and human resources may be one solution provided by a vendor, with asset management and payroll may be provided by other vendors.

There are multiple vendors and available solutions in the marketplace. To determine the best fit-for-purpose solution for Penrith City Council, a multi-stage tender process involving an expression of interest (EOI) for the full scope of all systems listed above and included systems demonstrations, and subsequent tenders were conducted.

The EOI attracted a significant number of vendors that have introduced contemporary ERP software solutions on behalf of other Councils, state government agencies and/or private organisations, however, the EOI Evaluation Panel concluded that it would be more beneficial for the organisation to conduct a separate tender for process for the Human Resources and Payroll systems rather than continuing with a select tender process in line with the remaining systems.

The outcome and recommendations for the Expression of Interest EOI22/23-0002 was presented to Council’s February 2024 Ordinary Council meeting and subsequently adopted.

While the Local Government Act mandates that a Tender is required for contracts with a value exceeding $250,000 several other advantages are achieved by completing this process notwithstanding that the same system vendor may be selected. These advantages include the ability to consider changes in market conditions, technology advancements or service delivery standards while ensuring these services continue to meet community and organisational needs and achieve value for money. Given the time since this process was last completed there has been significant advancements in technology which effectively means the process will be treated as a new implementation. While this process has focused on selecting the right technology and vendor partner, the true value and benefits will be delivered through the reengineering of Council’s end-to-end business processes.

Current Situation

Overall Business Systems Transformation Project:

The report to Council’s 26 February 2024 Ordinary Meeting – EOI 2022/23 Core Business Systems Transformation provided Council with the detailed outcome of the EOI process. The EOI attracted a significant number of vendors that successfully introduced core business systems software solutions in the areas of Financials, Procurement, Corporate Performance & Reporting, Property & Rating and Asset Management which progressed into a select tender process for these systems. However, Council Officers recommended that it would be more beneficial for the organisation to conduct an open tender for the Human Resources and Payroll components of the EOI.

While tender processes occurred separately (concurrently), the Human Resources and Payroll components of the ERP will still be managed through the overall Business Systems Transformation project. This Request for Tender (RFT) process opened on 19 April 2024 and closed on 22 May 2024.

Current Human Resources and Payroll systems:

Council’s current Human Resources and Payroll software systems have been in place since 2001 and 2017 respectfully and are now out of contract. A report to Council’s 1 May 2023 Ordinary Meeting - Extend Existing Contracts for HRIS Systems, recommended that Council award contract extensions for these systems for a period of two years plus a possible one-year extension. The recommendation below was adopted:

In accordance with section 55(3)(i) of the Local Government Act 1993 NSW, the Council resolve that a satisfactory result would not be achieved by inviting tenders due to extenuating circumstances as a result of the ERP project causing a timing issue that would mean entering into a new contract for HRIS systems now would place it out of sync with the corporate ERP review.

The current providers of these systems either didn’t submit a response to the tender or didn’t adequately fulfill the requirements of the tender.

Employee engagement

Subject matter experts made up of employees across the organisation have come together to form the Tender Evaluation Panel for our vendor selection. The Panel members are not only an integral part of this tender process but have assisted and will be crucial to the successful implementation of the solution. The members were selected based on their expertise, knowledge and thorough understanding of the end-to-end business processes that were relevant and interact to the particular key stakeholder department. This is important, because Council has committed to an operational uplift of business process which sit both inside and outside of technology, rather than just a software upgrade.

In addition, these members were selected due to their understanding of technology, assisting in understanding how the processes would function within a new and innovative solution.

This group has together created the functional requirements for vendors to demonstrate and be evaluated against. Further, this group established and has been accountable to decision-making principles that will ensure a solution is recommended to Council with the whole of the organisation in mind.

Initial Evaluation Process

During the Request for Tender (RFT) stage, detailed submissions were sought from suitably experienced and qualified vendors with the technical and resource capacity to provide innovative human resources and payroll solutions for Council core business systems. To have been considered in isolation respondents must have been able to fulfill the majority of the modules and functionality however those that could only partly fulfill the functionality were encouraged to complete a strategic partnership with other respondents that could fulfill the balance. For example if a vendor could provide a solution for everything except the payroll components they were encouraged to seek a payroll vendor and submit a joint tender under a strategic partnership arrangement.

There was a very positive response to the advertised RFT, with 12 respondents, each of which are outlined in the table as follows:

Company	Company Australian Address	Directors
Automation X Pty Ltd	32 Goshawk Ave Marsden Park NSW 2765	Hardik Akbari
Ceridian Australia Pty Ltd	Level2, 112 Wellington Parade East Melbourne VIC 3002	David D Ossip Brent B Bickett Ronald F Clarke Deborah A Farrington Thomas M Hagerty Linda P Mantia Ganesh B Rao Andrea S Rosen Gerald C Throop
Elmo Software Limited	Level 27, 580 George Street Sydney NSW 2000	K1 Investment Management
DXC Technology Australia Pty Ltd	26 Talavera Road Macquarie Park NSW 2113	Nagaseelan Naganayagam Clodagh Farrell Vinay Raichura Emma Jane Johnston
EPI-USE Australia Pty Limited	55 Southbank Blvd Southbank VIC 3006	Richard Potash Trevor Sacks
Gulanga Group Pty Ltd	G10/50 Eastlake Parade Kingston ACT 2604	Richard Higgins Dale Senti
Mastek Systems Pty Ltd	Level 26, 44 Market Street Sydney NSW 2000	Domenic Cirnigliaro Arun Agarwal
Jobtoolz Pty Ltd	260 Queen Street Brisbane City QLD 4000	Ashley Whiteman
PageUp People Limited	80 Collins Street Melbourne VIC 3000	Mark Jonathan Rice Karen Elizabeth Cariss Werner Martin Deda
Pinpoint HRM Pty Ltd	Suite K, 450 Chapel Street South Yarra VIC 3141	Craig Aunger Sally Rogers
Pulse Software	Suite 2.01, Level 2, Waterloo Rd Macquarie Park NSW 2113	Rob Bonavito Thomas Rajanayagam Tony Tiftis
TechnologyOne Limited	Level 11, 540 Wickham Street Fortitude Valley QLD 4006	Mr Edward Chung (Managing Director) Mr Pat O’Sullivan Mr Richard Anstey Dr Jane Andrews Ms Sharon Doyle Mr Clifford Rosenberg Mr Peter Ball Stephen Kennedy (Company Secretary)

The RFT evaluation criteria, listed below, was advertised and used in assessing the RFT’s received:

Compliance Criteria

· Statement of Conformance

· Compliance and Conflicts of Interest 

· Current Insurance Policies 

· Quality Management System

· WHS Contract Assessment Form

· Workplace Relations Information 

· Tender Offer Form

· Supply of Relevant Appendixs

Qualitative Criteria 

· Schedule of Fees

· Capacity to perform the services

· Methodology and Approach

· Functional Requirements

· ICT Functional Requirements 

· Timeframes and Resourcing

· Approach and Methodology for Integration and Data Migration

· Reporting Capabilities and Support Services

· Local Supplier

The following four (4) respondents were considered non-complying based on the limited information supplied or not meeting compliance criteria and therefore not considered any further.

· Automation X Pty Ltd

· Jobtoolz Pty Ltd

· PinPoint HRM Pty Ltd

· Elmo Software Limited

The remaining (8) respondents were included in the evaluation process and assessed in the VendorPanel tender evaluation software against the evaluation criteria.

The Evaluation Panel listed below met on 26^th June 2024 to review and evaluate the tender responses against the criteria listed above

· Nikki Griffiths – Payroll and System Manager

· Andrew Gunner – Human Resources Systems Administrator

· Natalie Benzie – Finance Business Partner – Strategic Projects

· Shivani Chand – Business Solutions Manager

The Evaluation Panel was assisted by several employees from within the Human Resources, Payroll and Organisational Development areas, known as Secondary Evaluators. These employees attended vendor demonstrations and provided their feedback to the Evaluation Panel to assist and ensure a business-driven final result.

Laura Stott, Procurement Business Partner, coordinated and managed the RFT and evaluation process.

The RFT responses from TechnologyOne Limited and PageUp People Limited were not selected to move forward to the next stage by the RFT Evaluation Panel due to their limited ability to address the majority of requirements both functional and technical compared to the respondents who progressed.

The panel then considered the schedule of fees to ensure those moving to the next round of assessment could provide an implemented solution within Council’s allocated budget. It was determined EPI-USE Australia would not proceed to the next round due to the substantial difference in the implementation costs. As these tender forms part of the overall Business Systems Transformation Project, the overall project budget has been taken into consideration to ensure all project activities have adequate funding. The table below shows the fee schedules:

Company	Implementation Costs (includes Integration and Data Migration)	Annual Licencing
Ceridian Australia Pty Ltd	$899,200	$451,980
DXC Technology Australia Pty Ltd	$1,411,109	$485,124
EPI-USE Australia Pty Limited	$3,141,641	$606,268
Gulanga Group Pty Ltd	$274,420	$376,613
Mastek Systems Pty Ltd	$1,250,000	$573,955
Pulse Software	$304,102	$503,620

Subsequently, (5) of the eight (8) respondents were shortlisted and considered by the RFT Evaluation Panel as suitable for the next round of assessment: Several of these providers are implementation partners and proposed multiple systems. These partners assist the vendors in implementing the system with ongoing support provided by the relevant vendor.

Company	Human Resources System	Payroll System	Work Health & Safety System
Ceridan Australia Pty Ltd	Dayforce	Dayforce	Dayforce
DXC Technology Australia Pty Ltd	Oracle	Aurion	Beakon*
Gulanga Group Pty Ltd	UKG – Ultimate Kronos Group	Payroll Metrics	Not Tendered
Matek Systems Pty Ltd	Oracle	Aurion & Tambla	Donesafe **
Pulse Software	Pulse	Access Definitiv	Pulse

* Optional extra at an additional cost to Council

** Suggested integration to 3^rd Party which would require Council to purchase and implementation at an additional cost.

These companies were contacted by Council’s Procurement team and invited to demonstrate their proposed solution to the evaluation panel.

Systems Demonstration Assessment

Vendors were provided with a list of scenarios to assist the evaluation panel in ascertaining whether the functionality and useability of the solution would be viable for the organisation. The systems were then assessed based on the demonstrations to meet the organisational functional requirements, ICT requirements and ability to streamline business processes.

Vendors then demonstrated their products, showcasing:

· how the system met the organisation’s functional and integration requirements included in the RFT;

· overall usability of the system;

· reporting capabilities within the solution; and

· support of the solution.

The evaluation panel reconvened following the conclusion of the demonstrations to evaluate the vendor’s ability to address the needs of the RFT considering the key areas and scenario’s respondents were asked to present.

The panel determined that due to optional nature of several of work health and safety systems included and a lack of functionality within the other submissions that it would be prudent to exclude this system from any further evaluation. A subsequent procurement process will occur for this system to ensure an optimal outcome for Council. It is currently envisaged that this could be performed within the current overall ERP budget.

The Evaluation Panel then determined that the tender received from Gulanga Group Pty Ltd should proceed to a reference check. This has been based on the vendor’s ability to:

1. offer a solution that looked and interacted cohesively and seamlessly with minimal integration points.

2. sufficiently demonstrated that they had the ability to meet the majority of Council’s requirements through their demonstrations.

3. sufficiently demonstrated a knowledge and understanding of the complexities of Local Government.

4. proposed a value for money solution and implementation services.

A reference check was conducted with a local government site of a similar demographic and size. This reference check provided input that the vendor in most cases had met the required needs for this site in relation to project implementation including the appropriate capabilities, account management and ongoing support.

In their submission the Gulanga Group Pty Ltd proposed an initial contract term of 3 years plus the option for Council to extend for 4 periods of 3 years having the potential for a 15-year contract.

Financial Implications

The tender submission from Gulanga Group Pty Ltd has quoted $274,420 (exc GST) for project implementation and assistance with data migration and integration. The submission also quoted $376,612.50 (exc GST) for annual maintenance. This annual amount included an optional module that won’t be required which amounted to $11,962.50 per annum reducing the annual maintenance to $364,650.

In line with similar software implementation the initial annual maintenance is required to paid on commencement of the implementation. This initial upfront payment of the annual maintenance and the one-off project implementation component of the tender can adequately be funded from the adopted implementation budget of the overall Business Systems Transformation – ERP project budget. This overall ERP project budget was adopted by Council at its 26 February 2024 Ordinary Meeting.

An assessment of the preferred tenderer’s financials and references was completed and have not identified any reason why the contract should not be awarded.

Risk Implications

While the Local Government Act mandates that a Tender is required for contracts with a value exceeding $250,000 several other advantages are achieved by completing this process not withstanding that the same system vendor may be selected. These advantages include the ability to consider changes in market conditions, technological advancements or service delivery standards while ensuring these services continue to meet community and organisational needs and achieve value for money. Given the time since this process was last completed there have been significant advancements in technology which effectively means the process will be treated as a new implementation. While this process has focused on selecting the right technology and vendor partner, the true value and benefits will be delivered through the reengineering of Council’s end-to-end business processes.

The Local Government Regulation 2021 (clause 178) requires Council to select the tender that is most advantageous to Council. This report outlines the robust evaluation process that was undertaken to determine the recommended tenderer, being the one that is considered most advantageous.

A probity officer reviewed the evaluation process and concluded that the evaluation process was consistent with Council’s obligations under the Local Government Act, Regulations, and Tender Contract.

Conclusion

The Gulanga submission offered an innovative and fit for purpose solution while providing value for money. This project will be an integral part of Council’s largest information technology project to date, and possibly its largest operational change. Working with Gulanga and its strategic partners the project ultimately aims to achieve increased organisational capacity, improved customer service and better access to information through efficiency gains, process improvement and the application of modern, fit-for-purpose technological solutions within a stable, responsive, and consistent ICT infrastructure environment.

Penrith City Council has undertaken a rigorous and diligent process of establishing an ERP Strategy and Business Case to inform the decision to take this approach to market for a new ERP solution. This business-driven decision, strongly rooted in improved customer service delivery and modernising processes to find efficiencies to then increase value to our customers has resulted in the recommendations that follow. Council officers across the organisation are committed to improving the way the organisations back-office functions run and realise the transformational uplift to the business.

RECOMMENDATION

That:

1. The information contained in the report on PCC2024-78 Human Resources and Payroll Systems Transformation be received.

2. The tender from Gulanga Group Pty Ltd for the amount of $274,420 (excluding GST) for initial set up, configuration and implementation, and an annual subscription of $364,650 (excluding GST), be accepted for the Human Resources and Payroll Systems Transformation project for the period of 3 years plus 4 x 3 year extension options.

3. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets.

4. The General Manager be authorised to sign all necessary legal documents in relation to this matter.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 11 November 2024

Finalisation of the 2023-24 Financial Statements (post audit)

Compiled by: Cheryl Freeburn, Operational Finance Manager

Authorised by: Neil Farquharson, Chief Financial Officer

Matthew Bullivant, Director Corporate Services

Outcome	We have open and collaborative leadership
Strategy	Deliver an efficient, transparent and accountable service to the community
Principal Activity	Support financial sustainability through financial planning and budget management and provide accurate reporting to the community

Presenters: Reiky Jiang, Director - Financial Audit - Audit Office of NSW - Overview of conduct of Audit

Previous Items: 2023-24 Draft Financial Statements- Ordinary Meeting- 28 October 2024

Executive Summary

Council staff have prepared the 2023-24 Financial Statements using the accrual method of accounting, and in compliance with Australian Accounting Standards and the New South Wales Local Government Code of Accounting Practice and Financial Reporting. The Financial Statements were referred to Council’s auditor, Audit Office of NSW (AO) following the Ordinary Meeting of Council held 28 October 2024.

In accordance with Section 420 of the Local Government Act 1993 (the Act), the Financial Statements were advertised on our website on 30 October 2024 to provide a 7 day notice of the Council meeting at which the audited Financial Statements will be presented and invite submissions. The 7 day exhibition period ends on 6 November 2024 which is after the date this report has been finalised. At the time of writing this report, no submissions have been received, however a memo will be sent to Councillors to advise of any submissions from the public exhibition prior to the meeting.

The final 2023-24 Financial Statements are now ready to be presented to the Council with a favourable unqualified auditor’s opinion. This essentially means the independent AO have no reservation in certifying that Council’s audited financial statements:

· adequately disclose material information;

· present fairly our financial position; and

· show results of Council operations in conformity with the provisions of the Local Government Code of Accounting Practice and Financial Reporting, the Local Government Act 1993 (NSW) and the Australian Accounting Standards.

Addressing of the Meeting by Council’s Auditor

Reiky Jiang, Director - Financial Audit from the AO, will be addressing the meeting. This is the seventh year that the AO has been Council’s auditor. The presentation will outline the audit process and provide the Council an opportunity to ask questions of the external Auditor.

Background

The Financial Statements are required to be audited by an independent auditor and lodged with the Office of Local Government by 31 October each year.

The Local Government Act 1993 has detailed provisions for the completion of the financial statements. The process is:

1. Council staff prepare the Financial Statements;

2. Council issues a statement that the accounts are in order;

3. Council refers the Financial Statements to its auditors;

4. The auditors complete their work and return the Financial Statements with an audit opinion;

5. The reports are placed on public exhibition; and

6. The reports are presented with the auditor’s reports at an Ordinary Meeting.

Council completed steps 1 to 3 at the Ordinary Meeting held 28 October 2024. Steps 4 and 5 have since been completed as outlined below.

Current Situation

The Audit Certificates have now been issued and Council submitted its Financial Statements for the year ended 30 June 2024 to the Office of Local Government on 31 October 2024.

The audited Financial Statements were placed on public exhibition and open for submissions in accordance with Section 420 of the Local Government Act where written submissions could be lodged within 7 days after the date on which the audited financial statement reports were notified to the public. At the time of writing this report, no submissions have been received, however a memo will be sent to Councillors to advise of any submissions from the public exhibition prior to the meeting.

Council’s Audit Risk and Improvement Committee (ARIC) reviewed and endorsed the 2023-24 Audited Annual Financial Statements and associated audit reports.

The presentation of this report completes the final stage of the Annual Financial Statements process for 2023-24.

Summary of Financial Results

The following figures provide a summary of the key financial results showing the 2023-24 Original Budget versus 2023-24 Actuals and then compared to prior year 2022-23 Actuals and the change from the 2023-24 Actuals (CY) to the 2022-23 Actuals (PY) restated figures:

Item ($’000)	2023-24 Original Budget	2023-24 Actuals (CY)	2022-23 Actuals (PY)	Actual Change CY to PY
Income Statement
Revenue (including capital)	394,298	411,943	361,233	50,710
Operating Expenditure	310,621	315,038	298,214	(16,824)
Operating result from continuing operations (including capital)	83,677	96,905	63,019	33,886
Operating results from continuing operations before capital	11,791	4,482	(13,936)	18,418
Capital Grants and Contributions	71,886	92,062	76,321	15,741
Net Gain/(Loss) from the disposal of assets	40,127	20,834	(4,126)	24,960
Depreciation and Amortisation	53,921	62,808	56,555	(6,253)
Financial Position
Total Borrowings		34,801	70,455	35,654
Cash and Investments		283,932	229,618	54,314
Employee Benefit Provision		39,300	36,884	(2,416)

Key Indicators/Benchmark	2023-24	2022-23
Operating Performance Ratio/ > 0%	(5.58%)	(4.59%)
Own Source Operating Revenue Ratio/ > 60%	68.42%	70.18%
Unrestricted Current Ratio/ > 1.5x	4.22x	5.89x
Debt Service Cover Ratio/ > 2	1.29x	5.58x
Rates Outstanding Percentage/ < 5%	4.81%	5.01%
Cash Expense Cover Ratio/ > 3 mths	9.76	10.07

Council finished the year with a surplus Operating Result from continued operations before Capital Income of $4.482m compared to last year’s deficit of $13.936m, a favourable difference of $18.418m compared to last year’s result and $7.3m unfavourable to the 2023-24 Original Budget. The main reason for the surplus is the profit on sale from Investment Property which settled on 28 June 2024. Depreciation increased following the comprehensive revaluation of Open Space and Recreation Assets and indexation for other asset classes in 2022-23.

Council held $283.9m in Cash and Investments as at 30 June 2024, an additional $54.3m from 30 June 2023 and this is mainly due to the sale of the investment property and additional developer contributions during the year.

Detailed Key Indicators (calculations reported under Note G5-1 of the General Purpose Financial Statements):

· Operating Performance – measures Council’s achievement of containing Operating Expenditure within Operating Revenue. Capital Grants and Contributions, Fair Value adjustments and profit or losses on sale are excluded, however depreciation is included. The benchmark is greater than 0%.

In 2023-24, Council’s indicator was a deficit of 5.58%. The main reason for the deficit ratio result is the increase in depreciation following comprehensive revaluations. As the replacement cost of Council’s assets continue to increase and further assets are constructed, depreciation expenditure will continue to increase. Council continues to plan for the long term (including managing asset management costs), forecasting asset renewal and investment in capital assets and balancing operational revenue and expenditure, with a focus on delivering balanced and sustainable budgets.

· Own Source Operating Revenue – is the degree of reliance on external funding sources such as Operating Grants and Contributions which can be an unreliable form of income. The benchmark is greater than 60% and a higher percentage means Council receives more of its revenue from Rates, Fees and Charges, and is less reliant on Grants and Contributions. In 2023-24, Council’s indicator was 68.42% (70.18% in 2022-23) which is still better than Benchmark.

· Unrestricted Current Ratio - Unrestricted Current Assets exceed Current Liabilities by a ratio of 4:22:1 (5:89:1 in 2022-23). It measures the adequacy of working capital and the ability of a council to satisfy its obligations in the short term. Council’s ratio is better than the Office of Local Government’s benchmark of 1.5:1 and ensures Council has sufficient working capital to satisfy short term obligations.

· Debt Service Cover Ratio – measures the availability of operating cash to service our debt including interest, principal and lease payments. The Benchmark for this indicator is greater than 2. For 2023-24, Council’s indicator was 1:29:1 (5.58:1 in 2022-23) which is lower than Benchmark. During the 2023-24 financial year a $30m variable loan was repaid in full, following the sale of investment property for which the loan was originally used to purchase the site. This has had a significant and expected impact, the ratio will return to above benchmark in the following financial year. Council continues to use borrowings to fund Infrastructure Programs and Projects, however Council’s level of debt is continually monitored to ensure it is sustainable without compromising service levels.

· Rates Outstanding – The Rates Outstanding Ratio is an indicator that highlights the effectiveness of Council’s credit management practices. The ratio is 4.81% for the year ended 2023-24 versus 5.01% in 2022-23. Rates arrears have reduced from prior peaks during the pandemic with the result now being below the benchmark. Council has returned to business as usual debt recovery processes, and continues with a compassionate approach to debt recovery to assist ratepayers experiencing cost of living pressures.

· Cash Expense Cover Ratio – indicates the number of months a council can continue paying its immediate expenses without additional cash inflow. The Benchmark is greater than 3 months. Council’s indicator for 2023-24 was 9.76 months versus 10.07 months in 2022-23, which is better than Benchmark and ensures Council has sufficient liquidity to meet all cash expenses and exceeds benchmark.

Assets & Revaluations

Fair Value

Council moved to Fair Value reporting in the 2010-11 Financial Statements with the revaluation of Community Land. The OLG issued Circular (12-09) and confirmed the revaluation cycle of Infrastructure, Property, Plant and Equipment (IPPE) to a maximum 5-year cycle (unless Council assesses there has been material changes to the valuations beforehand). Summary of dates for valuations are listed in the table below:

Asset Class	Due
Roads, Bridges, Footpaths, Drainage	30 June 2025
Investment Properties	30 June 2025
Buildings	30 June 2027
Operational Land	30 June 2027
Community and Crown Land; Land Under Roads	30 June 2027
Other Open Space/recreational assets; Land Improvements - depreciable	30 June 2028

A fair value assessment of Infrastructure Assets has been completed to determine if there have been any material changes, and balances have been adjusted. The increase in closing balances for Buildings, Roads, Stormwater drainage and Open Space/Recreation due to revaluation and capital additions (not shown separately in table) will further increase annual depreciation expenditure. The significant changes from Net Carrying Amount Prior Year and Current Year have been summarised in the table below, full details can be found within the Financial Statements in Note C1-8 Infrastructure, property, plant and equipment.

Land, Buildings, Stormwater drainage and Open space/Recreation

Type	Opening Value ($)	Revaluation ($)	Closing Value ($)	Change (%)
Community land	746,820,270	(39,363,000)	706,766,000	(5.3%)
Crown land	72,355,210	(5,359,000)	66,996,000	(7.4%)
Buildings	311,204,000	21,596,000	340,623,000	6.9%
Roads	989,456,000	77,439,000	1,090,354,000	7.8%
Stormwater drainage	639,079,000	76,731,000	717,102,000	12%
Open Space/Recreation	113,127,000	8,314,000	133,166,000	7.3%

Council’s Report on Infrastructure Assets

The estimated cost to bring the assets to a satisfactory standard is based on the overall reported value of these asset classes, which have increased significantly and the proportion of these assets which are estimated to be below a satisfactory standard.

It is not anticipated that there will be immediate failures of these asset classes, however Council will need to plan for the renewal of those assets which are nearing the end of their useful life. Future reports will be presented to Council on the strategies for managing the renewal of these assets.

There are several performance indicators that are shown in Special Schedules Report on Infrastructure Assets as at 30 June 2024:

· Buildings and Infrastructure Renewals Ratio – used to assess the rate at which infrastructure assets are being renewed against the rate at which they are depreciating. Council’s indicator in 2023-24 is 63.12% (44.14% in 2022-23). Councils renewal ratio increased in 2023-24, mainly due to a very generous State Government Grant under the RLRRP program, which allowed an additional $13m to be spent on repair of Councils roads. This grant funding was a once-off allocation and will not continue. The Benchmark is greater than or equal to 100%. Council’s renewal ratio varies from year to year depending on asset renewal expenditure and is not meeting benchmark due to the increase in depreciation as a result the increased replacement value across all asset classes.

· Infrastructure Backlog Ratio – shows what proportion the backlog is against the total value of Council’s infrastructure. Council’s indicator in 2023-24 is 5.35% (4.36% in 2022-23). The Benchmark is less than 2%. Councils backlog ratio has increased in 2023-24 mainly due to the Roads asset class. Council undertook a comprehensive condition audit of all roads. This survey found that a significant proportion of sealed roads have deteriorated from condition 3 to condition 4. This deterioration was caused in part by the effect of several years of persistent wet weather.

· Asset Maintenance Ratio – compares the Actual versus Required annual asset maintenance identified in Council’s asset management plans. A ratio of greater than 100% indicates that the Council is investing enough funds within the year to stop the infrastructure backlog from growing. Council’s indicator for 2023-24 is 62.27% which is below the Benchmark. Councils invested a significant amount into asset maintenance in 2023 due to flood damage repairs. This ratio is not meeting benchmark mostly due to an increase in the fair value of assets not reflecting in a proportional increase in maintenance funding. Review of existing maintenance levels and requirements is an ongoing process.

· Costs to bring assets to agreed service level – Council’s estimated cost to bring to an agreed level of service as set by Council has increased in 2024 mainly due to the comprehensive stocktake and condition assessment of open space assets which increased the quality of information and identified assets below a satisfactory condition. The majority of Council’s existing infrastructure backlog is within the stormwater drainage asset class.

Financial Implications

Adopting the recommendations of this report confirms Council’s financial results for the financial year ended 30 June 2024 (including financial performance, financial position and cash flows). More detailed financial implications are separately enclosed - Financial Statements 2023-24 including the Independent Auditor’s Reports.

Risk Implications

There are no direct risk implications in adopting the recommendations of this report.

The 2023-24 Financial Statements have been audited by the AO and comply with all Australian Accounting and Reporting Standards, the Act and the requirements of the Office of Local Government.

More detailed information is separately enclosed - Financial Statements 2023-24 including the Independent Auditor’s Reports. The separate enclosure also includes Council’s financial risk exposure within Note E1-1 Risks and Accounting Uncertainties.

Conclusion

The 2023-24 Financial Statements were adopted by the Council on 28 October 2024, with the signed Financial Statements submitted to NSW Audit Office on 29 October 2024 and then the issuing of the audit certificates on 30 October 2024.

The Financial Statements were lodged with the Office of Local Government on 30 October 2024, copy of the Financial Statements have been separately enclosed. This report completes the final stage to advise the outcome of the public exhibition and fulfils the requirements of the Act, which required the 2023-24 Financial Statements to be placed on exhibition and presented to the following Ordinary Meeting of the Council. All requirements have now been completed.

RECOMMENDATION

That:

1. The information contained in the report on Finalisation of the 2023-24 Financial Statements (post audit) be received.

2. Council notes the completion of the public exhibition process for Council’s 2023-24 Financial Statements and that Council has submitted its Financial Statements for the year ended 30 June 2024 to the Office of Local Government.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 11 November 2024

Summary of Investments and Banking for the period 1 October 2024 - 31 October 2024

Compiled by: James Legarse, Treasury and Operations Accountant

Authorised by: Neil Farquharson, Chief Financial Officer

Matthew Bullivant, Director Corporate Services

Outcome	We have open and collaborative leadership
Strategy	Deliver an efficient, transparent and accountable service to the community
Principal Activity	Support financial sustainability through financial planning and budget management and provide accurate reporting to the community

Executive Summary

This report on the Summary of Investments & Banking for September 2024 is submitted for the purpose of financial accountability and to satisfy the investment reporting requirements of the Local Government (General) Regulation 2005 (clause 212), the Local Government Act 1993 (the Act) (Section 625) and the Council’s Investment Policy.

The report certifies that the Council investments comply with the forms of investment made by order of the Minister under section 625(2) of the Local Government Act 1993. The current Ministerial Order was issued under Council Circular 11-01 on 17 February 2011.

The report provides a summary of investments for the period 1 October 2024 to 31 October 2024 and a reconciliation of invested funds as at 28 October 2024. Due to early scheduled Ordinary Council Meeting, this month-end report has been prepared and reconciled as at 28 October 2024.

The investment returns versus the benchmark as a percentage for October 2024 are:

· Council portfolio current month’s yield 4.99%

· Council portfolio annualised yield to date 4.98%

· 90-day Bank Bill Swap Rate (Benchmark) 4.40%

· Enhanced 90-day Bank Bill Swap Rate (Benchmark – BBSW + 30bps) 4.70%

· Original budget estimated return (2024/25 Financial Year) 4.90%

The report recommends that the information contained in the report be received.

Current Situation

A Summary of Investments is shown in Appendix 1, including Economic Commentary for October 2024, Historical Investment Performance Analysis tables and charts, a reconciliation of Invested Funds for October 2024 and various Investment Summary and Investment Portfolio analysis tables and charts.

The Reserve Bank of Australia (RBA) met on 24 September 2024 and the Board decided to keep the Cash Rate at 4.35%. The Board of the RBA is due to meet again on 5 November 2024, however all indications suggest that the Cash Rate will remain unchanged. The inflation rate has fallen significantly since its peak in 2022, and according to the RBA the rate as at the September 2024 quarter is 2.8% which is within the RBA’s target range of 2 to 3 per cent. The Board deems the current cash rate level is appropriate for balancing of the inflation and employment rate objectives in Australia.

Financial Implications

Adopting the recommendations of this report confirms Council’s investment returns are favourably exceeding the Original Budget, as well as outperforming the benchmark for the month. More detailed Financial Implications are contained in Appendix 1.

Risk Implications

The Council’s investments have been placed in accordance with Section 625 of the Local Government Act 1993, relevant regulations, and the Council’s adopted Investment Policy. The Council’s Investment Policy has objectives to preserve capital, ensure liquidity of funds to meet cash flow requirements and achieve an acceptable rate of return having reference to the Council’s risk tolerance.

Conclusion

This report confirms that the Council’s investments have been placed in accordance with relevant legislation/regulations, the Council’s Investment Policy and highlights the Council’s investment performance for October 2024. Additionally, the report assures the Council that Council’s Cash Book and Bank Statements have been reconciled.

Certificate of Responsible Accounting Officer

I hereby certify the following:

1. All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations, and Council’s Investment Policy.

2. The Council’s Cash Book and Bank Statements have been reconciled as at 28 October 2024.

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Description automatically generated

Neil Farquharson

RECOMMENDATION

That:

1. The information contained in the report on Summary of Investments and Banking for the period 1 October 2024 - 31 October 2024 be received.

2. The Council’s Cash Book and Bank Statements have been reconciled as at 28 October 2024.

ATTACHMENTS/APPENDICES

1. ⇩

Investment Report as at 31 October 2024

6 Pages

Appendix

Ordinary Meeting 11 November 2024

1 Presence of the Public

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

(a) the discussion of any of the matters listed below; or

(b) the receipt or discussion of any of the information so listed.

The matters and information are the following:

(a) personnel matters concerning particular individuals;

(b) the personal hardship of any resident or ratepayers;

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d) commercial information of a confidential nature that would, if disclosed:

· prejudice the commercial position of the person who supplied it; or

· confer a commercial advantage on a competitor of the Council; or

· reveal a trade secret.

(e) information that would, if disclosed, prejudice the maintenance of the law;

(f) matters affecting the security of the Council, Councillors, Council staff or Council property;

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a) the relevant provision of section 10A(2);

(b) the matter that is to be discussed during the closed part of the meeting;

(c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

· a motion, based on the recommendation below, is moved and seconded

· the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

· if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

· if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

RECOMMENDATION

That:

Outcome 5

2 Council Property - New Lease - 688 High Street, Penrith

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

3 Land Acquisition - Construction of the Factory Road Shared Path Project.

4 Licence Agreement - Community Land - Part Lot 101 Laycock St, Cranebrook - Air Quality Monitoring Station

5 Council amend the entity entering into a contract for sale

-	Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition
*	Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are adopted
#	Meetings at which the Operational Plan quarterly reviews (March and September) are presented
@	Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented
^	Election of Mayor and/or Deputy Mayor
ü	Meeting at which the 2023-24 Annual Statements are presented
∞	Meeting at which any comments on the 2023-24 Annual Statements are adopted
+	Meeting at which the Annual Report is presented
>	Briefing to consider Budget, draft fees & charges and corporate document