OCM Agenda - 220402010€¦ · 8.2.1 Tech Com. Item 1 File No: COR/8 Item and Attachments at Page 52 - 65 SUBJECT: BUSINESS REPORT (for the period 26 January 2010 – 25 March 2010)

AGENDA ORDINARY COUNCIL MEETING

TIME: 5.30PM

THURSDAY 22 APRIL 2010

VENUE – CITY OF WANNEROO

Constituent Members: Cities of Perth, Joondalup, Stirling, and Wanneroo. Towns of Cambridge, Victoria Park and Vincent

Managing waste and recovering resources responsibly

MINDARIE REGIONAL COUNCIL

NOTICE OF MEETING

9 April 2010 Councillors of the Mindarie Regional Local Government are respectfully advised that an Ordinary Meeting of the Council will be held in the Council Chambers of the City of Wanneroo, 23 Dundebar Road, Wanneroo, at 5.30pm on Thursday 22 April 2010. The business papers pertaining to the meeting follow. Your attendance is requested.

KEVIN POYNTON Chief Executive Officer MINDARIE REGIONAL COUNCIL - MEMBERSHIP

Cr J Bissett (John) Town of Victoria Park Cr D Boothman (David) City of Stirling Cr R Butler (Rob) City of Perth Cr S Cooke (Sharon) City of Stirling Cr S Farrell (Steed) Town of Vincent Cr R Fishwick (Russ) City of Joondalup Cr L Gray JP (Laura) City of Wanneroo Cr K Hollywood (Kerry) City of Joondalup Cr D Newton JP (Dot) City of Wanneroo Cr C MacRae (Corinne) Town of Cambridge Cr J Robbins (Jason) City of Stirling Cr B Stewart (Bill) City of Stirling

NB: Although some Councils have nominated alternate members, it is a precursor to any alternate member acting that a Council carries a specific resolution for each occasion that the alternate member is to act, referencing Section 51 of the Interpretation Act. The current Local Government Act does not provide for the appointment of deputy or alternate members of Regional Councils. The DLGRD is preparing an amendment to rectify this situation.

MINDARIE REGIONAL COUNCILORDINARY COUNCIL MEETING - 22 APRIL 2010

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AGENDA

TABLE OF CONTENTS

ITEM

SUBJECT

FILE NO

PAGE NO

1 OATHS/AFFIRMATIONS OF ALLEGIANCE AND DECLARATIONS OF OFFICE N/A P6

2 QUESTION TIME N/A P6

3 ATTENDANCE AND APOLOGIES N/A P6

4 MINUTES N/A P6

4.1 ORDINARY COUNCIL MEETING – 25 FEBRUARY 2010 N/A P6

5 ANNOUNCEMENTS N/A P6

6 DEPUTATIONS N/A P6

7 BUSINESS ARISING FROM A PREVIOUS MEETING TREATED AS AN ORDER OF THE DAY

N/A P6

8 REPORTS (Declaration of Financial/Conflict of Interest to be recorded prior to dealing with each item)

N/A P6


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8.1 CHIEF EXECUTIVE OFFICER N/A P7

8.1.1 LATE ITEM REVIEW OF MEMBERS FEE MODEL FIN/92 P7

8.1.2 FINANCIAL STATEMENTS FOR THE PERIODS ENDED 31 JANUARY 2010 AND 28 FEBRUARY 2010

FIN/5-02 P7 P14-34

8.1.3 LIST OF PAYMENTS MADE FOR THE MONTHS ENDED 31 JANUARY 2010 AND 28 FEBRUARY 2010

FIN/5-02 P7 P35-47

8.2 TECHNICAL WORKING GROUP MEETING – 1 APRIL 2010 N/A P7

8.2.1 BUSINESS REPORT (for the period 26 January 2010 – 25 March 2010) COR/8 P7

P52-65

8.2.2 RESOURCE RECOVERY FACILITY UPDATE REPORT (for the period 5 February 2010 – 25 March 2010)

WST/13-02 P8 P66-94

8.2.3 LANDFILL UPDATE REPORT (for the period 15 October 2009 - 25 March 2010) WST/100 P8

P95-99

8.2.4 LANDFILL GAS CONTRACT REPORT EST/2-02 P8 P100-105

8.2.5 BUSINESS PLANNING 2010/2011 COR/8 P9 P106-119

8.2.6 ENVIRO 2010 CONFERENCE AND EXHIBITION – SOLUTIONS FOR A SUSTAINABLE FUTURE

COR/33 P9 P120-126


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8.2.7 MINDARIE REGIONAL COUNCIL – POLICY DOCUMENTATION – REVIEW OF EXISTING POLICIES

COR/23 P10 P127-143

8.2.8 TAMALA PARK WEIGHBRIDGE BUILDING RECONSTRUCTION COP/12 P10

P144-175

8.3 AUDIT COMMITTEE MEETING – 7 APRIL 2010 N/A P11

8.3.1 AUDIT COMMITTEE MEETING – 7 APRIL 2010 RECOMMENDATIONS COR/22 P11

P176-246

9 NOTICE OF MOTION N/A P11

10 GENERAL BUSINESS N/A P11

11 NEXT MEETING N/A P11

12 CLOSURE N/A P11


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1 OATHS/AFFIRMATIONS OF ALLEGIANCE AND DECLARATIONS OF OFFICE 2 QUESTION TIME 3 ATTENDANCE AND APOLOGIES 4 MINUTES 4.1 ORDINARY COUNCIL MEETING – 25 FEBRUARY 2010 The Minutes of the Ordinary Council Meeting held on 25 February 2010 have been printed and circulated to members of the Council. RECOMMENDATION That the Minutes of the Ordinary Council Meeting of Council held on 25 February 2010 be taken as read, confirmed and the Chairman invited to sign same as a true record of the proceedings. 5 ANNOUNCEMENTS 6 DEPUTATIONS 7 BUSINESS FROM A PREVIOUS MEETING TREATED AS AN ORDER OF THE

DAY 8 REPORTS Declaration of Financial/Conflict of Interest to be recorded prior to dealing with each item. Disclosure of Financial and Proximity Interests (a) Members must disclose the nature of their interest in matters to be discussed at

the meeting. (Section 5.65 of the Local Government Act 1995).

(b) Employees must disclose the nature of their interest in reports or advice when giving the report or advice to the meeting. (Sections 5.70 and 5.71 of the Local Government Act 1995). Disclosure of Interest Affecting Impartiality (a) Members and staff must disclose their interest in matters to be discussed at the meeting in respect of which the member or employee has given or will give advice.


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8.1 CHIEF EXECUTIVE OFFICER 8.1.1 File No: FIN/92 SUBJECT: REVIEW OF MEMBERS FEE MODEL LATE ITEM 8.1.2 File No: FIN/5-02 Item and Attachments at Page 14 - 34 SUBJECT: FINANCIAL STATEMENTS FOR THE PERIODS ENDED 31 JANUARY 2010 AND 28 FEBRUARY 2010 MRC OFFICER RECOMMENDATION That the Financial Statements as attached at Attachment One and Two for the months ended 31 January 2010 and 28 February 2010 be noted. 8.1.3 File No: FIN/5-02 Item and Attachments at Page 35 - 47 SUBJECT: LIST OF PAYMENTS MADE FOR THE MONTHS ENDED 31 JANUARY 2010 AND 28 FEBRUARY 2010 MRC OFFICER RECOMMENDATION That Council endorse the list of payments made, as per the delegation made to the Chief Executive Officer, for the months ended 31 January 2010 and 28 February 2010. 8.2 TECHNICAL WORKING GROUP – 1 APRIL 2010 8.2.1 Tech Com. Item 1 File No: COR/8 Item and Attachments at Page 52 - 65 SUBJECT: BUSINESS REPORT (for the period 26 January 2010 – 25 March 2010) TWG OFFICERS RECOMMENDATION That Council receive this progress report for the period 25 January 2010 – 25 March 2010 against Annual Business Plan 2009/2010.


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8.2.2 Tech Com. Item 2 File No: WST/13-02 Item and Attachments at Page 66 - 94 SUBJECT: RESOURCE RECOVERY FACILITY UPDATE REPORT (for the period 5 February 2010 – 25 March 2010) TWG OFFICERS RECOMMENDATION That Council:

(i) Note the RRF update report (ii) Endorsed the revised CEAG Terms of Reference (at Attachment 1 to this

Item) (iii) Endorse the CPA Reviewed Report (at Attachment 2 to this Item)

8.2.3 Tech Com. Item 3 File No: WST/100 Item and Attachments at Page 95 - 99 SUBJECT: LANDFILL UPDATE REPORT (for the period 15 October 2009 - 25 March 2010) TWG OFFICERS RECOMMENDATION That Council:

(i) receive this Landfill Update Report dated 22 April 2010 (ii) authorises the CEO to write to the seven Member Councils requesting a

change to the Tamala Park Lease conditions associated with the northern buffer pull back arrangements

8.2.4 Tech Com. Item 4 File No: EST/2-02 Item and Attachments at Page 100 - 105 SUBJECT: LANDFILL GAS CONTRACT REPORT TWG OFFICERS RECOMMENDATION That Council:

(i) receive this Landfill Gas Contract Report dated 22 April 2010 (ii) authorises the CEO to tender for the establishment of a new Landfill Gas

Contract to cover the period from the end of the existing contractual arrangements (1 July 2011) through to the end of the current Tamala Park Lease (30 June 2032)


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8.2.5 Tech Com. Item 5 File No: COR/8 Item and Attachments at Page 106 - 119 SUBJECT: BUSINESS PLANNING 2010/2011 TWG OFFICERS RECOMMENDATION That Council:

(i) note the methodology used for the Budget Planning and Strategic Budget for 2010/2011

(ii) note the new initiatives (iii) note Members’ Processable Gate Fee of $134 (ex GST) and Non

Processable Fees of $86 (ex GST) for financial year 2010/2011 for budget planning purposes

(iv) approve the Schedule of Fees and Charges relating to commercial and casual users, at Attachment One in respect of financial year 2010/2011

8.2.6 Tech Com. Item 6 File No: COR/33 Item and Attachments at Page 120 - 126 SUBJECT: ENVIRO 2010 CONFERENCE AND EXHIBITION – SOLUTIONS FOR A SUSTAINABLE FUTURE TWG OFFICERS RECOMMENDATION That Council authorise attendance of the following representatives at the Enviro 2010 Conference and Exhibition to be held in Melbourne from 21 – 23 July 2010.

1. Cr Fishwick 10. K Poynton 2. Cr Hollywood 11. J Giorgi 3. Cr Farrell 12. P Hoar 4. Cr Butler 13. K Caple 5. Cr Boothman 14. D Forster 6. Cr Cooke 15. E Albrecht 7. Cr Robbins 16. C Colyer 8. Cr Stewart 17. R Lotznicker 9. Cr Bissett


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8.2.7 Tech Com. Item 7 File No: COR/23 Item and Attachments at Page 127 - 143 SUBJECT: MINDARIE REGIONAL COUNCIL – POLICY DOCUMENTATION – REVIEW OF EXISTING POLICIES TWG OFFICERS RECOMMENDATION That Council approve revised policies as follows:

(i) 4A Conference and Training (ii) 12B Occupational Safety and Health (iii) 14B Contingency Management (iv) 16B Smoking in the Workplace

8.2.8 Tech Com. Item 8 File No: COP/12 Item and Attachments at Page 144 - 175 SUBJECT: TAMALA PARK WEIGHBRIDGE BUILDING RECONSTRUCTION TWG OFFICERS RECOMMENDATION That Council:

(i) accept the tender offered by the Connolly Building Company of $111,347.00 including a $11,000 contingency sum for renovation works to the weighbridge at Tamala Park

(ii) note that part cost of $105,175 will be provided by Local Government Insurance Service

(iii) approve an additional expenditure of $6,172.00 for construction of two

height restrictors


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8.3 AUDIT COMMITTEE MEETING – 7 APRIL 2010 8.3.1 File No: COR/22 Item and Attachments at Page 176 - 246 SUBJECT: AUDIT COMMITTEE MEETING – 7 APRIL 2010 AUDIT COMMITTEE RECOMMENDATIONS That Council approve the following recommendations from the Audit Committee Meeting (7 April 2010):

(i) the approval of the Annual Compliance Audit Return and authorise the Chairperson and the Chief Executive Officer to sign the Return

(ii) approve the following list of Auditors to provide a quotation for the provision of external audit services for the next 2 or 3 years under a Quotation Process:

• WHK Horwath • Grant Thornton • Macri Partners • Haines Norton

(iii) approve the further extension of External Member of the Audit Committee, Alex Dermedgoglou, for a further three years

(iv) note that Audit Committee approved the CEO’s credit card usage and expenditure as appropriate

9 NOTICE OF MOTION FOR CONSIDERATION AT THE FOLLOWING MEETING 10 GENERAL BUSINESS - SEE NOTE (1) 11 NEXT MEETING 11.1 Ordinary Council Meeting

• 1 July 2010

• 5.30 pm

• City of Stirling

12 CLOSURE - MEETING DECLARED CLOSED


Page 11

Notes

(1) Under this item, members have the opportunity to:

(a) make a statement providing information related to the Council's business;

(b) to ask a question relevant to the Council's business.

Under this item a member shall not raise any matter directly related to any other item on the agenda and shall not foreshadow any motion for consideration at another meeting.


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ITEM 8.1.1 REVIEW OF MEMBER FEES MODEL File No: FIN/92 (D/10/2088) Attachment(s): 1. Workshop 31 March 2010 – Agenda 2. Workshop 31 March 2010 – Deloitte Presentation 3. Single Fee Option presentation by City of Joondalup Author: Kevin Poynton

LATE ITEM

SEPARATE COVER TO MEMBERS


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ITEM 8.1.2 FINANCIAL STATEMENTS FOR THE PERIODS ENDED 31 JANUARY 2010 AND 28 FEBRUARY 2010 File No: FIN/5-02 (D/10/2026) Attachment(s): 1. Financial Statement for the period ended 31 January 2010 2. Financial Statement for the period ended 28 February 2010 Author: Kalwant Dhillon

SUMMARY The purpose of this report is to provide financial reporting to meet statutory requirements and to provide useful information to stakeholders of the Council. BACKGROUND Financial Statements as at 31 January 2010 and 28 February 2010 are attached and show separate columns for Actual and Adopted/Revised Budget figures. Reporting requirements are defined by regulations 34 and 35 of the Local Government (Financial Management) Regulations 1996. There is scope in these regulations to provide other reporting that the Local Government considers appropriate. The financial statements presented for each month consist of:

• Operating Statement by Nature

• Operating Statement by Function

• Statement of Financial Position

• Statement of Investing Activities

• Information on Borrowings DETAIL The reports attached are for the months ended 31 January 2010 and 28 February 2010 and are at Attachments One and Two to this Item.

• Statement of Income and Expenditure. Pages 2 to 3 of the Attachment. These statements have been adjusted to include a number of year-to-date estimates that are not finalised until the end of the financial year. These are as follows:

- Deferred Excavation Consumed

- Site Rehabilitation Provision

- Site Monitoring Provision

These are based on the estimated rates per tonne calculated with reference to estimated excavation cost of various stages of the landfill and the life of the landfill. An adjustment is made (if necessary) at the end of the year based on a survey carried out to assess the “air space” remaining.

ITEM 8.1.2


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• Operating Statements by Function and Type. At page 4 of the Attachment. This shows a summary of operating income and expenditures. The Operating Statement by Function may be useful to the reader as a snapshot of the business operations

A complete suite of Financial Statements including Operating Statement and Statement of Financial Position are reported on a monthly basis and include accruals that may be based on estimates to provide meaningful reporting to stakeholders. These reports are at Attachment One and Two to this Item.

MRC OFFICER RECOMMENDATION That the Financial Statements as attached at Attachment One and Two for the months ended 31 January 2010 and 28 February 2010 be noted.

ITEM 8.1.2


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ATTACHMENT ONE

TO ITEM 8.1.2

ORDINARY COUNCIL MEETING

22 APRIL 2010

FINANCIAL STATEMENT FOR THE PERIOD ENDED 31 JANUARY 2010

ITEM 8.1.2


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MANAGEMENT FINANCIAL

STATEMENTS

FOR THE MONTH ENDED 31 JANUARY 2010

ITEM 8.1.2


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Description Adopted Budget

Revised Budget YTD Budget YTD Actual $ Variance % Variance Note

Revenue form Ordinary Activities User Charges User Charges - City of Perth 1,930,400 1,930,400 1,126,069 1,019,779 User Charges - City of Waneroo 7,570,900 7,570,900 4,416,356 4,651,670 User Charges - City of Joondalup 7,418,100 7,418,100 4,327,225 4,154,269 User Charges - City of Stirling 8,376,000 8,376,000 4,886,000 4,950,879 User Charges - Town of Cambridge 1,224,000 1,224,000 714,000 687,352 User Charges - Town of Vincent 1,687,800 1,687,800 984,550 884,572 User Charges - Town of Victoria Park 1,728,200 1,728,200 1,008,119 856,196 User Charges - RRF Residues 1,980,000 1,980,000 1,155,000 641,703 Total Member User Charges 31,915,400 31,915,400 18,617,319 17,846,421 (770,898) -4.14% 1 User Charges - City of South Perth 337,100 337,100 196,644 14,253 (182,391) -92.75% 2 User Charges - Casual Tipping Fees 5,018,140 5,018,140 3,136,338 2,661,603 (474,735) -15.14% 3 Total User Charges 37,270,640 37,270,640 21,950,301 20,522,276 (1,428,025) -6.51% Service Charges Sale of Recyclable Materials 240,000 240,000 140,000 275,166 135,166 96.55% Sale of Limestone Gas Power Generation Sales 550,000 550,000 282,000 282,410 410 0.15% Grants & Subsidies 320,000 320,000 320,000 360,000 40,000 12.50% Contributions, Reimbursments & Donations 340,100 340,100 205,343 126,962 (78,381) -38.17% 4 Interest Earnings 369,200 369,200 215,369 280,538 65,169 30.26% Other Revenue 10,200 10,200 5,119 56,671 51,552 1007.07%

39,100,140 39,100,140 23,118,132 21,904,023 (1,214,109) -5.25%Expenses from Ordinary Activities Employee Costs 4,300,140 4,300,140 2,620,860 2,538,725 82,135 3.13% Materials and Contracts Consultants and Contract Labour 804,600 923,600 595,589 473,929 121,660 20.43% Communications and Public Consultation 722,800 722,800 450,608 195,629 254,979 56.59% Landfill Expenses 1,057,400 927,400 473,300 453,822 19,478 4.12% Office Expenses 259,500 264,500 179,779 130,712 49,067 27.29% Information Systems 399,300 399,300 243,300 184,969 58,331 23.97% Building Maintenance 129,200 112,200 77,062 57,428 19,634 25.48% Plant and Equipment Operating and Hire 1,027,800 1,215,800 812,720 767,848 44,872 5.52% RRF Operations 15,355,000 13,174,000 7,180,678 5,661,001 1,519,677 21.16% Waste Minimisation 316,000 316,000 270,007 275,333 (5,326) -1.97% Utilities 131,300 115,300 97,675 66,199 31,476 32.23% Depreciation 1,159,080 1,079,080 629,468 604,230 25,238 4.01% Borrowing Cost Expenses 1,417,000 1,351,000 821,969 779,750 42,219 5.14% Insurance 127,400 143,400 143,400 142,899 501 0.35% DEP Landfill Levy 4,699,700 4,850,700 1,717,533 1,696,465 21,068 1.23% Land Lease/Rental 590,000 590,000 335,417 331,935 3,482 1.04% Other Expenditure Member Costs 149,500 154,500 83,169 59,223 23,946 28.79% Administration 159,000 159,000 92,757 92,788 (31) -0.03% Amortisation (LandFill) 4,054,200 4,339,200 2,649,950 2,603,549 46,401 1.75% Amortisation (RRF) 534,600 534,600 311,850 311,850 0 0.00%

37,393,520 35,672,520 19,787,091 17,428,285 2,358,806 11.92%

Profit on Sale of Assets 27,800 27,800 6,100 9,920 3,820 62.62%Loss on Sale of Assets 28,700 28,700 16,000 5,659 10,341 64.63%

(900) (900) (9,900) 4,261 (6,521) 65.87%

Changes in Net Assets Resulting from Operations 1,705,720 3,426,720 3,321,141 4,479,999 1,158,858 34.89%

Mindarie Regional CouncilINCOME STATEMENT BY NATURE AND TYPE

For the month ended 31 January 2010

ITEM 8.1.2


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NOTES FOR VARIATIONS - INCOME STATEMENT BY NATURE AND TYPE

NDescription of Item Nature of Variance where actual is 10% and $5,000 from YTD Budget

Total Member User Charges The drop in revenue is due to the decrease in tonnages from all the Member Councils which is mainly related to seasonal factors.

User Charges - City of South Perth City of South Perth has gone for a tender and they are sending their waste to a commercial landfill.

User Charges - Casual Tipping Fees The drop is mainly attributable to the increase in fees as well as seasonal factors.

Contributions, Reimbursements & DonationsThe drop in revenue is due to the fact that Tox Free invoices are now directly sent to WALGA for payment. The hazardous waste at Mindarie Regional Council is collected byTox Free. WALGA has government funding for this cost.

ITEM 8.1.2


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Revised Budget YTD Budget YTD Actual $ Variance % Variance

Revenues from Ordinary Activities

Operating RevenuesCommunity Ammenties 39,100,140 39,100,140 23,118,132 21,904,023 (1,214,109) -5.25%Total Operating Revenues 39,100,140 39,100,140 23,118,132 21,904,023 (1,214,109) -5.25%

Profit on Disposal of AssetsCommunity Ammenties 27,800 27,800 6,100 9,920 3,820 62.62%Total Profit (Loss) on Disposal of Assets 27,800 27,800 6,100 9,920 3,820 62.62%

Expenses from Ordinary Activities

Operating ExpensesGovernance 149,500 154,500 83,169 59,223 23,946 28.79%Community Ammenties 19,444,220 19,777,220 10,888,555 10,180,004 708,551 6.51%Other Property and Sevices 1,027,800 1,215,800 812,720 748,307 64,413 7.93%Resource Recovery Facility 15,355,000 13,174,000 7,180,678 5,661,001 1,519,677 21.16%Total Operating Expenses 35,976,520 34,321,520 18,965,122 16,648,535 2,316,587 12.21%

Loss on Disposal of AssetsCommunity Ammenties 28,700 28,700 16,000 5,659 10,341 64.63%Total Profit (Loss) on Disposal of Assets 28,700 28,700 16,000 5,659 10,341 64.63%

Borrowing Costs ExpenseCommunity Ammenties 880,400 814,400 492,900 488,720 4,180 0.85%Resource Recovery Facility 536,600 536,600 329,069 291,030 38,039 11.56%Total Borrowing Costs Expense 1,417,000 1,351,000 821,969 779,750 42,219 5.14%

NET RESULT 1,705,720 3,426,720 3,321,141 4,479,999 1,158,858 34.89%

Mindarie Regional CouncilINCOME STATEMENT BY DEPARTMENTFor the month ended 31 January 2010

ITEM 8.1.2


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DescriptionACTUAL

2009/2010 MovementACTUAL

2008/2009 NoteCURRENT ASSETS Cash 3,524,650 3,378,957 145,693 Investments 10,381,055 (933,120) 11,314,175 Debtors 3,437,432 1,444,620 1,992,811 Stock 18,463 9,536 8,927 Prepayments 141,179 (111,283) 252,462 Other Current Assets 248,319 (391,097) 639,415TOTAL CURRENT ASSETS 17,751,097 3,397,613 14,353,484

NON-CURRENT ASSETS Land 2,658,127 0 2,658,127 Buildings & Improvements 1,658,733 (95,503) 1,754,235 Furniture & Equipment 259,885 (17,648) 277,533 Plant & Equipment 3,307,104 (255,022) 3,562,127 Infrastructure - Other 440,687 (25,586) 466,273 Infrastructure - Excavation 7,482,657 (2,603,549) 10,086,206 Infrastructure - RRF 8,444,945 229,802 8,215,143 Infrastructure - Rehabilitation 2,320,719 0 2,320,719 Work In Progress - Excavation 12,978,586 3,368,498 9,610,088 Work In Progress - Other 16,344 16,344 0 Other Non Current Assets 2,031,981 (61,019) 2,093,000TOTAL NON-CURRENT ASSETS 41,599,768 556,317 41,043,451

TOTAL ASSETS 59,350,865 3,953,930 55,396,935

CURRENT LIABILITIES Creditors 3,367,174 1,537,493 1,829,681 Provisions 522,772 34,146 488,626 Loans Leases Overdrafts 1,154,844 (1,277,882) 2,432,725 Accruals 679,604 (945,024) 1,624,629 Other Current Liabilities 0 0 0TOTAL CURRENT LIABILITIES 5,724,394 (651,267) 6,375,661

NON CURRENT LIABILITIES Loans Leases Overdrafts 19,501,151 0 19,501,151 Other Non Current Liabilities 4,955,487 33,379 4,922,108TOTAL NON CURRENT LIABILITIES 24,456,638 33,379 24,423,259

TOTAL LIABILITIES 30,181,032 (617,889) 30,798,920

NET ASSETS 29,169,833 4,571,819 24,598,015

EQUITYRetained Surplus 26,795,103 4,479,999 22,315,104Reserves 137,999 0 137,999Council Contribution 2,236,731 91,820 2,144,911TOTAL EQUITY 29,169,833 4,571,819 24,598,015

Mindarie Regional CouncilBalance Sheet


ITEM 8.1.2


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Description Adopted Budget Revised Budget YTD Actual% to Revised

BudgetPLANT, VEHICLES AND MACHINERIESPlant and VehiclesReplacement of Operation's Foreman Vehicle 38,500 38,500 35,100 91.17%Replacement of Operation's Manager Vehicle 47,900 47,900 0Replacement of Fire Vehicle 45,500 45,500 43,340 95.25%Replacement of Executive Vehicle 51,000 51,000 51,975 101.91%Replacement of Executive Vehicle 50,000 50,000 0Replacement of Skid Steer Loader No.2 85,000 85,000 0Replace 2x 30m3 Transfer Bins 27,000 27,000 22,560 83.56%Replacement of Workshop Vehicle 29,500 29,500 0Vehicle Tray - Welder's Vehicle 7,000 7,000 0New Utility Vehicle-Marketing and Education 44,000 44,000 40,346 91.70%

0 200,000 0425,400 625,400 193,322 30.91%

Machinery and EquipmentNew Tarpomatic System 240,000 240,000 0New LGF Monitoring System 20,000 20,000 0New Paint Can Crusher 30,000 30,000 0Upgrade Recycling Centre Cameras 7,000 7,000 6,480 92.57%Chemical Toilet Facilities 15,000 15,000 16,563New Laser Level 0 6,000 0New Leak Detector / Gas Detector 0 2,000 0Ground Monitor 0 4,000 0Weighbridge DVR Recorder Upgrade 0 6,000 0

312,000 330,000 23,043 6.98%

TOTAL PLANT, VEHICLES AND MACHINERIES 737,400 955,400 216,365 22.65%

FURNITURE AND EQUIPMENTComputer EquipmentReplacement of Laptop (Operations Manager) 3,500 3,500 0Replacement of Desktop PC (Finance Officer-Reporting) 1,500 1,500 785Replacement of Desktop PC (Foreman) 1,500 1,500 864 57.59%Replacement of Desktop PC (Envrironmental Officer) 1,500 1,500 785 52.34%Replacement of Laptop (Administration Manager) 2,500 2,500 2,149 85.96%Replacement of Laptop (Waste Education Officer) 2,500 2,500 2,149 85.96%Various Replacement Printers and Computing Equipments 15,000 15,000 7,862 52.41%New Desktop PC (Finance Officer-Accts Payable) 1,500 1,500 0Additional UPS System (Admin and Recycling) 2,000 2,000 0Replacement of Servers at Administration Building 0 50,000 0

31,500 81,500 14,594 17.91%Office Furniture and EquipmentReplacement of Furniture and Equipment 26,400 26,400 17,791 67.39%Purchase of New Office Equipment 13,000 13,000 03x Storage Cabinets 5,000 5,000 2,771 55.42%

44,400 44,400 20,562 46.31%

TOTAL FURNITURE AND EQUIPMENT 75,900 125,900 35,156 27.92%

LAND AND BUILDINGSLandbrought forward item:Land Purchase (New Landfill Site) 12,000,000 12,000,000 0

12,000,000 12,000,000 0 0.00%BuildingsWorkshop Extension (Work in Progress) 250,000 350,000 0Ground Maintenance Shed 10,000 10,000 0

260,000 360,000 0 0.00%

TOTAL LAND AND BUILDINGS 12,260,000 12,360,000 0 0.00%

MINDARIE REGIONAL COUNCILSTATEMENT OF INVESTING ACTIVITIES


ITEM 8.1.2


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Budget

MINDARIE REGIONAL COUNCILSTATEMENT OF INVESTING ACTIVITIES


INFRASTRUCTUREOperationsLitter Control Fences (Work in Progress) 75,000 75,000 16,344 21.79%Reticulation 7,000 7,000 0Upgrade Recycling Centre Water Main 10,000 19,000 0brought forward item:Surveillance and Boom Gate 15,000 15,000 13,780 91.87%

107,000 116,000 30,124 25.97%Resource Recovery FacilitySite Infrastructure 829,000 829,000 480,633 57.98%

829,000 829,000 480,633 57.98%

TOTAL INFRASTUCTURE 936,000 945,000 510,757 54.05%

LANDFILL EXCAVATIONSExcavation - Phase3 Stage2Construction 8,208,700 3,508,700 0Design 300,000 300,000 87,266Excavation/Earthworks 7,720,000 3,520,000 3,268,907MRC Project Manager 40,000 40,000 5,435Siteworks, Survey, Etc. 20,000 20,000 6,890TOTAL LANDFILL EXCAVATIONS 16,288,700 7,388,700 3,368,498 45.59%

ITEM 8.1.2


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ITEM 8.1.2


Page 24

ATTACHMENT TWO

TO ITEM 8.1.2


22 APRIL 2010

FINANCIAL STATEMENT FOR THE PERIOD ENDED 28 FEBRUARY 2010

ITEM 8.1.2


Page 25

MANAGEMENT FINANCIAL

STATEMENTS

FOR THE MONTH ENDED 28 FEBRUARY 2010

ITEM 8.1.2


Page 26


Revised Budget YTD Budget YTD Actual $ Variance % Variance Note

Revenue form Ordinary Activities User Charges User Charges - City of Perth 1,930,400 1,930,400 1,286,936 1,156,108 User Charges - City of Waneroo 7,570,900 7,570,900 5,047,264 5,214,055 User Charges - City of Joondalup 7,418,100 7,418,100 4,945,400 4,728,955 User Charges - City of Stirling 8,376,000 8,376,000 5,584,000 5,690,069 User Charges - Town of Cambridge 1,224,000 1,224,000 816,000 770,838 User Charges - Town of Vincent 1,687,800 1,687,800 1,125,200 1,007,680 User Charges - Town of Victoria Park 1,728,200 1,728,200 1,152,136 967,768 User Charges - RRF Residues 1,980,000 1,980,000 1,320,000 817,328 Total Member User Charges 31,915,400 31,915,400 21,276,936 20,352,802 (924,134) -4.34% 1 User Charges - City of South Perth 337,100 337,100 224,736 15,254 (209,482) -93.21% 2 User Charges - Casual Tipping Fees 5,018,140 5,018,140 3,512,699 3,019,472 (493,227) -14.04% 3 Total User Charges 37,270,640 37,270,640 25,014,371 23,387,528 (1,626,843) -6.50% Service Charges Sale of Recyclable Materials 240,000 240,000 160,000 358,406 198,406 124.00% Sale of Limestone Gas Power Generation Sales 550,000 550,000 282,000 282,410 410 0.15% Grants & Subsidies 320,000 320,000 320,000 360,000 40,000 12.50% Contributions, Reimbursments & Donations 340,100 340,100 253,928 162,816 (91,112) -35.88% 4 Interest Earnings 369,200 369,200 246,136 332,983 86,847 35.28% Other Revenue 10,200 10,200 5,136 66,346 61,210 1191.79%

39,100,140 39,100,140 26,281,571 24,950,488 (1,331,083) -5.06%Expenses from Ordinary Activities Employee Costs 4,300,140 4,300,140 2,949,054 2,855,842 93,212 3.16% Materials and Contracts Consultants and Contract Labour 804,600 923,600 661,072 528,591 132,481 20.04% Communications and Public Consultation 722,800 722,800 498,548 201,765 296,783 59.53% Landfill Expenses 1,057,400 927,400 548,968 522,504 26,464 4.82% Office Expenses 259,500 264,500 196,728 148,275 48,453 24.63% Information Systems 399,300 399,300 258,300 208,643 49,657 19.22% Building Maintenance 129,200 112,200 82,978 64,418 18,560 22.37% Plant and Equipment Operating and Hire 1,027,800 1,215,800 879,470 830,233 49,237 5.60% RRF Operations 15,355,000 13,174,000 8,276,013 6,852,168 1,423,845 17.20% Waste Minimisation 316,000 316,000 270,007 299,845 (29,838) -11.05% 5 Utilities 131,300 115,300 101,200 69,692 31,508 31.13% Depreciation 1,159,080 1,079,080 719,392 692,104 27,288 3.79% Borrowing Cost Expenses 1,417,000 1,351,000 923,536 832,521 91,015 9.86% Insurance 127,400 143,400 143,400 143,899 (499) -0.35% DEP Landfill Levy 4,699,700 4,850,700 2,344,166 2,504,331 (160,165) -6.83% 6 Land Lease/Rental 590,000 590,000 386,334 379,355 6,979 1.81% Other Expenditure Member Costs 149,500 154,500 87,586 59,223 28,363 32.38% Administration 159,000 159,000 106,008 99,487 6,521 6.15% Amortisation (LandFill) 4,054,200 4,339,200 2,987,800 2,941,399 46,401 1.55% Amortisation (RRF) 534,600 534,600 356,400 356,400 0 0.00%

37,393,520 35,672,520 22,776,960 20,590,696 2,186,264 9.60%

Profit on Sale of Assets 27,800 27,800 6,100 9,994 3,894 63.84%Loss on Sale of Assets 28,700 28,700 28,700 7,193 21,507 74.94%

(900) (900) (22,600) 2,801 (17,612) 77.93%

Changes in Net Assets Resulting from Operations 1,705,720 3,426,720 3,482,011 4,362,594 880,583 25.29%

Mindarie Regional CouncilINCOME STATEMENT BY NATURE AND TYPE

For the month ended 28 February 2010

ITEM 8.1.2


Page 27

NOTES FOR VARIATIONS - INCOME STATEMENT BY NATURE AND TYPE

Note # Description of Item Nature of Variance where actual is 10% and $5,000 from YTD Budget

1 Total Member User Charges The drop in revenue is due to the decrease in tonnages from all the Member Councils which is mainly related to seasonal factors.

2 User Charges - City of South Perth City of South Perth has gone for a tender and they are sending their waste to a commercial landfill.

3 User Charges - Casual Tipping Fees The drop is mainly attributable to the increase in fees as well as seasonal factors.

4 Contributions, Reimbursements & DonationsThe drop in revenue is due to the fact that Tox Free invoices are now directly sent to WALGA for payment. The hazardous waste at Mindarie Regional Council is collected by Tox Free. WALGA has government funding for this cost.

5 Waste Minimisation

The projects span over two financial years and the bulk of the work has been delayed until this financial year and it is estimated that the total cost at the end of financial year will be over $50K over the budgeted amount. However, there has also been a delay of forwarding the additional funding from Waste Authority which will be $80K more than the budget amount which will offset the additional expenditures.

6 DEP Landfill Levy

RRF was not operating from late September 2009 to January 2010, hence, more tonnages of waste were going to Landfill in the seven months to 31st January 2010. However, as the RRF is now fully operational effective 1st February 2010, additional tonnages are expected to be delivered to RRF as part of the Standstill agreement resulting in lower DEP Levy over the remaining of the Financial Year.

ITEM 8.1.2


Page 28


Revised Budget YTD Budget YTD Actual $ Variance % Variance

Revenues from Ordinary Activities

Operating RevenuesCommunity Ammenties 39,100,140 39,100,140 26,281,571 24,950,488 (1,331,083) -5.06%Total Operating Revenues 39,100,140 39,100,140 26,281,571 24,950,488 (1,331,083) -5.06%

Profit on Disposal of AssetsCommunity Ammenties 27,800 27,800 6,100 9,994 3,894 63.84%Total Profit (Loss) on Disposal of Assets 27,800 27,800 6,100 9,994 3,894 63.84%

Expenses from Ordinary Activities

Operating ExpensesGovernance 149,500 154,500 87,586 59,223 28,363 32.38%Community Ammenties 19,444,220 19,777,220 12,610,355 12,017,013 593,342 4.71%Other Property and Sevices 1,027,800 1,215,800 879,470 829,771 49,699 5.65%Resource Recovery Facility 15,355,000 13,174,000 8,276,013 6,852,168 1,423,845 17.20%Total Operating Expenses 35,976,520 34,321,520 21,853,424 19,758,175 2,095,249 9.59%

Loss on Disposal of AssetsCommunity Ammenties 28,700 28,700 28,700 7,193 21,507 74.94%Total Profit (Loss) on Disposal of Assets 28,700 28,700 28,700 7,193 21,507 74.94%

Borrowing Costs ExpenseCommunity Ammenties 880,400 814,400 555,000 498,726 56,274 10.14%Resource Recovery Facility 536,600 536,600 368,536 333,795 34,741 9.43%Total Borrowing Costs Expense 1,417,000 1,351,000 923,536 832,521 91,015 9.86%

NET RESULT 1,705,720 3,426,720 3,482,011 4,362,594 880,583 25.29%

Mindarie Regional CouncilINCOME STATEMENT BY DEPARTMENTFor the month ended 28 February 2010

ITEM 8.1.2


Page 29

DescriptionACTUAL

2009/2010 MovementACTUAL

2008/2009 NoteCURRENT ASSETS Cash 1,962,707 1,817,013 145,693 Investments 12,031,491 717,316 11,314,175 Debtors 3,365,471 1,372,660 1,992,811 Stock 21,376 12,449 8,927 Prepayments 144,167 (108,295) 252,462 Other Current Assets 171,199 (468,216) 639,415TOTAL CURRENT ASSETS 17,696,411 3,342,926 14,353,484

NON-CURRENT ASSETS Land 2,658,127 0 2,658,127 Buildings & Improvements 1,645,412 (108,823) 1,754,235 Furniture & Equipment 250,471 (27,062) 277,533 Plant & Equipment 3,291,336 (270,790) 3,562,127 Infrastructure - Other 435,014 (31,259) 466,273 Infrastructure - Excavation 7,144,807 (2,941,399) 10,086,206 Infrastructure - RRF 8,608,092 392,949 8,215,143 Infrastructure - Rehabilitation 2,320,719 0 2,320,719 Work In Progress - Excavation 12,989,047 3,378,959 9,610,088 Work In Progress - Other 16,344 16,344 0 Other Non Current Assets 2,023,264 (69,736) 2,093,000TOTAL NON-CURRENT ASSETS 41,382,634 339,183 41,043,451

TOTAL ASSETS 59,079,044 3,682,109 55,396,935

CURRENT LIABILITIES Creditors 2,514,571 684,890 1,829,681 Provisions 528,991 40,365 488,626 Loans Leases Overdrafts 1,053,562 (1,379,163) 2,432,725 Accruals 1,420,643 (203,986) 1,624,629 Other Current Liabilities 0 0 0TOTAL CURRENT LIABILITIES 5,517,768 (857,894) 6,375,661

NON CURRENT LIABILITIES Loans Leases Overdrafts 19,501,151 0 19,501,151 Other Non Current Liabilities 4,960,280 38,172 4,922,108TOTAL NON CURRENT LIABILITIES 24,461,431 38,172 24,423,259

TOTAL LIABILITIES 29,979,198 (819,722) 30,798,920

NET ASSETS 29,099,846 4,501,831 24,598,015

EQUITYRetained Surplus 26,677,698 4,362,594 22,315,104Reserves 137,999 0 137,999Council Contribution 2,284,149 139,237 2,144,911TOTAL EQUITY 29,099,846 4,501,831 24,598,015

Mindarie Regional CouncilBalance Sheet

For the month ended 28 February 2010

ITEM 8.1.2


Page 30


Budget NotePLANT, VEHICLES AND MACHINERIESPlant and VehiclesReplacement of Operation's Foreman Vehicle 38,500 38,500 35,100 91.17%Replacement of Operation's Manager Vehicle 47,900 47,900 0Replacement of Fire Vehicle 45,500 45,500 43,340 95.25%Replacement of Executive Vehicle 51,000 51,000 51,975 101.91%Replacement of Executive Vehicle 50,000 50,000 0Replacement of Skid Steer Loader No.2 85,000 85,000 0Replace 2x 30m3 Transfer Bins 27,000 27,000 22,560 83.56%Replacement of Workshop Vehicle 29,500 29,500 34,900 118.31% 1Vehicle Tray - Welder's Vehicle 7,000 7,000 0New Utility Vehicle-Marketing and Education 44,000 44,000 40,346 91.70%

0 200,000 0425,400 625,400 228,222 36.49%

Machinery and EquipmentNew Tarpomatic System 240,000 240,000 0New LGF Monitoring System 20,000 20,000 0New Paint Can Crusher 30,000 30,000 10,440 34.80%Upgrade Recycling Centre Cameras 7,000 7,000 6,480 92.57%Chemical Toilet Facilities 15,000 15,000 16,563New Laser Level 0 6,000 0New Leak Detector / Gas Detector 0 2,000 0Ground Monitor 0 4,000 0Weighbridge DVR Recorder Upgrade 0 6,000 0

312,000 330,000 33,483 10.15%

TOTAL PLANT, VEHICLES AND MACHINERIES 737,400 955,400 261,705 27.39%

FURNITURE AND EQUIPMENTComputer EquipmentReplacement of Laptop (Operations Manager) 3,500 3,500 0Replacement of Desktop PC (Finance Officer-Reporting) 1,500 1,500 785Replacement of Desktop PC (Foreman) 1,500 1,500 864 57.59%Replacement of Desktop PC (Envrironmental Officer) 1,500 1,500 785 52.34%Replacement of Laptop (Administration Manager) 2,500 2,500 2,149 85.96%Replacement of Laptop (Waste Education Officer) 2,500 2,500 2,149 85.96%Various Replacement Printers and Computing Equipments 15,000 15,000 7,862 52.41%New Desktop PC (Finance Officer-Accts Payable) 1,500 1,500 0Additional UPS System (Admin and Recycling) 2,000 2,000 0Replacement of Servers at Administration Building 0 50,000 0

31,500 81,500 14,594 17.91%Office Furniture and EquipmentReplacement of Furniture and Equipment 26,400 26,400 17,791 67.39%Purchase of New Office Equipment 13,000 13,000 03x Storage Cabinets 5,000 5,000 2,771 55.42%

44,400 44,400 20,562 46.31%

TOTAL FURNITURE AND EQUIPMENT 75,900 125,900 35,156 27.92%

LAND AND BUILDINGSLandbrought forward item:Land Purchase (New Landfill Site) 12,000,000 12,000,000 0

12,000,000 12,000,000 0 0.00%BuildingsWorkshop Extension (Work in Progress) 250,000 350,000 0Ground Maintenance Shed 10,000 10,000 0

260,000 360,000 0 0.00%

TOTAL LAND AND BUILDINGS 12,260,000 12,360,000 0 0.00%

MINDARIE REGIONAL COUNCILSTATEMENT OF INVESTING ACTIVITIESFor the month ended 28 February 2010

ITEM 8.1.2


Page 31


Budget Note

MINDARIE REGIONAL COUNCILSTATEMENT OF INVESTING ACTIVITIESFor the month ended 28 February 2010

INFRASTRUCTUREOperationsLitter Control Fences (Work in Progress) 75,000 75,000 16,344 21.79%Reticulation 7,000 7,000 0Upgrade Recycling Centre Water Main 10,000 19,000 0brought forward item:Surveillance and Boom Gate 15,000 15,000 13,780 91.87%

107,000 116,000 30,124 25.97%Resource Recovery FacilitySite Infrastructure 829,000 829,000 679,613 81.98%

829,000 829,000 679,613 81.98%

TOTAL INFRASTUCTURE 936,000 945,000 709,738 75.10%

LANDFILL EXCAVATIONSExcavation - Phase3 Stage2Construction 8,208,700 3,508,700 0Design 300,000 300,000 97,254Excavation/Earthworks 7,720,000 3,520,000 3,268,907MRC Project Manager 40,000 40,000 5,908Siteworks, Survey, Etc. 20,000 20,000 6,890TOTAL LANDFILL EXCAVATIONS 16,288,700 7,388,700 3,378,959 45.73%

ITEM 8.1.2


Page 32

NOTES FOR VARIATIONS - STATEMENT OF INVESTING ACTIVITIES

Note # Description of Item Nature of Variance where actual is 10% and $5,000 from YTD Budget

1 Replacement of Workshop VehicleThe cost over run was due to fittings of additional accessories required for operational purposes. Savings from the replacement of Foreman's vehicle will cover the cost.

ITEM 8.1.2


Page 33

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ITEM 8.1.2


Page 34

ITEM 8.1.3 LIST OF PAYMENTS MADE FOR THE MONTHS ENDED 31 JANUARY 2010 AND 28 FEBRUARY 2010 File No: FIN/5-02 (D/10/2027) Attachment(s): 1. List of payments made for the month ended 31 January 2010 2. List of payments made for the month ended 28 February 2010 Author: Kalwant Dhillon

SUMMARY The purpose of this report is to provide details of payments made during the periods identified. It is also a requirement as part of the delegation given to the Chief Executive Officer, to make payments from the Municipal Fund, that a list of payments made since the last Ordinary Council meeting be presented to Council. COMMENT The lists of payments for the months ended 31 January 2010 and 28 February 2010 are at Attachment One and Two to this Item and are presented for endorsement. Payments have been made in accordance with delegations that allow payments between meetings and are subsequently required to be presented to the next Council meeting following such payments. Further, at the Ordinary Council Meeting held on 15 October 2009, the Council delegated to the Chief Executive Officer the exercise of its power to make payments from the Municipal Fund. This delegation has been renewed upon annual reviews. In order to satisfy the requirements of Clause 13(2) of the Local Government (Financial Management) Regulations, a list of payments made must be submitted to the next Council meeting following such payments. It should be noted that generally all payments are GST inclusive and Mindarie Regional Council is able to claim this tax as an input credit when remittance of GST collected is made each month. Months Ended Account Vouchers Amount 31 January 2010 General Municipal 5045 – 5167

DP 338 – DP 348 EFT 220 – EFT 223 $1,486,756.43

28 February 2010 General Municipal 5168 – 5338 DP 349 – DP 362 EFT 225 – EFT 228 $2,869,174.50

MRC OFFICER RECOMMENDATION That Council endorse the list of payments made, as per the delegation made to the Chief Executive Officer, for the months ended 31 January 2010 and 28 February 2010.

ITEM 8.1.3


Page 35

ATTACHMENT ONE

TO ITEM 8.1.3


22 APRIL 2010

LIST OF PAYMENTS MADE FOR THE MONTH ENDED 31 JANUARY 2010

ITEM 8.1.3


Page 36

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airs

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aint

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ce -

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sulti

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ty L

tdS

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riptio

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sys

tem

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cont

rol &

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uitio

n$7

86.5

07/

01/2

010

5055

EMR

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ecyc

ling

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tract

or -

mat

tress

es$6

38.0

07/

01/2

010

5056

Envi

ronm

enta

l Prin

ting

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pany

Prin

ting

of C

hris

tmas

car

ds

$638

.00

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/201

050

57Er

golin

kK

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ard

com

pact

full

key

$271

.45

7/01

/201

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rant

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rien

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tract

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our -

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catio

nal C

entre

$100

.00

7/01

/201

050

59N

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AL

TYR

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lant

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epai

r and

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nten

ance

of C

at 9

66H

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11.7

57/

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010

5060

Pow

er In

dust

rial S

uppl

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sum

able

sup

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,275

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7/01

/201

050

61Pr

emiu

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last

ics

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ive

ferti

lizer

tabl

ets

$536

.62

7/01

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050

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NS

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CA

BIN

ETS

& M

AIN

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Con

tract

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ndsc

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050

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OR

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r MR

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56.1

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5064

SITA

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tral

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ty L

tdW

aste

min

imis

atio

n au

dit p

roje

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hire

cha

rges

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88.9

57/

01/2

010

5065

Staf

f Lin

kC

ontra

ct L

abou

r - B

ushl

and

man

agem

ent

$6,8

29.8

87/

01/2

010

5066

TOTA

LLY

WO

RK

WEA

RS

taff

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form

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rote

ctiv

e C

loth

ing

$165

.58

7/01

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050

67W

AN

NER

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GO

LF C

LUB

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ounc

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ctio

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ogra

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14.7

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5068

CLE

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aint

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,100

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CE

Pla

nt -

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air a

nd M

aint

enan

ce o

f 12G

gra

der

$460

.00

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ty L

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ltanc

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amal

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cces

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CEB

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78C

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urity

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lect

rical

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60.1

313

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5081

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ply

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stal

l con

cret

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rrie

rs a

t tra

nsfe

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tion

$4,8

01.1

713

/01/

2010

5082

EMR

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olle

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mat

tress

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50.0

013

/01/

2010

5083

Free

hills

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sulta

ncy

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post

er C

rack

at R

RF

$22,

413.

69

Sche

dule

of P

aym

ent f

or J

anua

ry 2

010

Cou

ncil

Mee

ting

- 22n

d A

pril,

201

0

ITEM 8.1.3


Page 37

Che

que

Post

ing

Dat

eD

ocum

ent

No.

Vend

or N

ame

Des

crip

tion

Che

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Am

ount

Sche

dule

of P

aym

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pril,

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13/0

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84Fu

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rox

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tral

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ty L

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copy

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ense

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19.4

513

/01/

2010

5085

GO

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rofe

ssio

nal f

ees

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ner w

orks

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87.7

513

/01/

2010

5086

Gre

g K

ane

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lace

men

t of c

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catio

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rea

$2,4

03.5

013

/01/

2010

5087

Nor

ther

n D

istr

icts

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agem

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ldin

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aint

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ce -

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trol

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.00

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bin

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.00

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1050

89U

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fess

iona

l fee

s - R

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stru

ctur

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anga

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iaP

urch

ase

of v

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le fo

r Edu

catio

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ntre

$45,

743.

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/01/

2010

5091

Gre

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outh

ern

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xcav

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hase

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tage

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92H

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cem

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for c

rush

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64.0

013

/01/

2010

5093

Hay

mar

ket P

ty L

tdE

duca

tion

cent

re -

broc

hure

s$5

35.7

013

/01/

2010

5094

Hyd

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lting

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sulta

ncy

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egra

ted

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iona

l Pla

n pr

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aste

min

imis

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n)$2

8,26

5.82

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95Fo

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nan

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alla

tion

of a

ir co

nditi

onin

g sy

stem

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5096

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rodu

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toile

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hem

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97M

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STER

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tting

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wo

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san

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ustr

alia

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ce s

uppl

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r & D

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63.8

813

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2010

5099

HIT

AC

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ERY

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07.6

513

/01/

2010

5100

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dalu

p O

ffice

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lP

rintin

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sta

tione

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09.3

513

/01/

2010

5101

Key

fast

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aula

ge P

ty L

tdLi

mes

tone

cru

shin

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9,06

3.34

13/0

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1051

02N

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WID

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ILR

ecyc

ling

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tract

or -

Was

te O

il$4

42.2

013

/01/

2010

5107

NO

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ISSA

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and

wea

ther

shie

ld fo

r mot

or v

ehic

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30.1

413

/01/

2010

5108

SBS

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tract

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$1,6

12.6

013

/01/

2010

5109

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HU

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mun

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com

mun

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supp

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Was

te m

inim

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ion)

$4,5

37.5

013

/01/

2010

5110

Uni

ted

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pmen

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ervi

ce fo

rklif

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15.8

613

/01/

2010

5111

Wes

Trac

Pty

Ltd

Pur

chas

e of

fuel

cap

sea

l for

on-

site

pla

nt v

ehic

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$577

.68

13/0

1/20

1051

12W

este

rn P

lant

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(WA

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of D

ry E

xcav

ator

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tage

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5,19

9.80

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1051

13Ya

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1051

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lann

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fras

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3.45

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1051

15PA

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pute

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15/0

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1051

16M

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nal C

ounc

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otto

Acc

ount

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tto -

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m s

taff

sala

ry$3

60.0

019

/01/

2010

5117

City

of J

oond

alup

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e Fe

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arm

ion

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for F

ebru

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$8,6

93.5

519

/01/

2010

5118

City

of P

erth

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for F

ebru

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2010

$4,3

46.7

719

/01/

2010

5119

City

of S

tirlin

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ase

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118

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mio

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ruar

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19/0

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1051

20C

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118

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1051

21To

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of C

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2010

$4,3

46.7

719

/01/

2010

5122

Tow

n of

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toria

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.77

19/0

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1051

23To

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24A

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ITEM 8.1.3


Page 38

Che

que

Post

ing

Dat

eD

ocum

ent

No.

Vend

or N

ame

Des

crip

tion

Che

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Am

ount

Sche

dule

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aym

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ncil

Mee

ting

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pril,

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28C

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43.7

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2010

5130

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4021

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5131

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16.0

021

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5132

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34G

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wor

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5121

/01/

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5135

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321

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5136

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74.9

121

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5138

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5142

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5143

MER

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5145

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76.7

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2010

5146

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49TE

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56.4

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2010

5150

The

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5151

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20.4

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5153

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5154

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55TI

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5156

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5158

Ast

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81.5

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5159

CB

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prem

ium

$469

.49

29/0

1/20

1051

60C

HIL

D S

UPP

OR

TC

hild

Sup

port

Allo

wan

ce p

aym

ent -

Ded

uctio

n m

ade

from

sta

ff sa

lary

$738

.45

29/0

1/20

1051

61H

ealth

Insu

ranc

e Fu

nd o

f WA

Sup

eran

nuat

ion

prem

ium

$571

.65

29/0

1/20

1051

62H

ESTA

SU

PER

FU

ND

Sup

eran

nuat

ion

prem

ium

$2,1

13.8

929

/01/

2010

5163

Min

darie

Reg

iona

l Cou

ncil

Staf

f Lot

to A

ccou

ntS

taff

lotto

- D

educ

ted

from

sta

ff sa

lary

$370

.00

29/0

1/20

1051

64Po

rtfo

liofo

cus

- Pre

miu

m R

etire

men

t Ser

vice

sS

uper

annu

atio

n pr

emiu

m$5

,227

.50

29/0

1/20

1051

65R

EST

Supe

rann

uatio

nS

uper

annu

atio

n pr

emiu

m$6

55.5

329

/01/

2010

5166

WA

LGS

PLA

N P

TY L

TDS

uper

annu

atio

n pr

emiu

m$4

8,61

9.68

29/0

1/20

1051

67W

ESTS

CH

EME

Sup

eran

nuat

ion

prem

ium

$243

.00

ITEM 8.1.3


Page 39

Che

que

Post

ing

Dat

eD

ocum

ent

No.

Vend

or N

ame

Des

crip

tion

Che

que

Am

ount

Sche

dule

of P

aym

ent f

or J

anua

ry 2

010

Cou

ncil

Mee

ting

- 22n

d A

pril,

201

0

Tota

l Che

que

Paym

ents

$852

,488

.32

15/0

1/20

10D

P-0

0338

Iinet

Lim

ited

Inte

rnet

VO

IP c

harg

e$9

.95

4/01

/201

0D

P-0

0339

Nat

iona

l Aus

tral

ia B

ank

Nat

iona

l Onl

ine

Fees

$67.

1411

/01/

2010

DP

-003

40N

atio

nal A

ustr

alia

Ban

kN

AB

Con

nect

Fee

$20.

0019

/01/

2010

DP

-003

41A

ustr

alia

n Ta

xatio

n O

ffice

BA

S fo

r Dec

embe

r 200

9$2

32,0

92.0

021

/01/

2010

DP

-003

42N

atio

nal A

ustr

alia

Ban

kC

redi

t car

d$4

,558

.11

27/0

1/20

10D

P-0

0343

Com

mon

wea

lth b

ank

Loan

10A

repa

ymen

t$4

3,83

2.53

29/0

1/20

10D

P-0

0344

Nat

iona

l Aus

tral

ia B

ank

Loan

10C

Rep

aym

ent

$59,

768.

8129

/01/

2010

DP

-003

45N

atio

nal A

ustr

alia

Ban

kB

ill d

raw

dow

n fe

e$1

50.0

029

/01/

2010

DP

-003

46N

atio

nal A

ustr

alia

Ban

kA

ccou

nt k

eepi

ng fe

e $1

64.3

029

/01/

2010

DP

-003

47N

atio

nal A

ustr

alia

Ban

kM

erch

ant f

ees

$730

.69

29/0

1/20

10D

P-0

0348

Com

mon

wea

lth b

ank

Loan

10B

Rep

aym

ent

$9,6

37.8

1To

tal D

irect

Pay

men

ts$3

51,0

31.3

4

1/01

/201

0E

FT-0

0220

Can

celle

dC

ance

lled

$0.0

01/

01/2

010

EFT

-002

21M

RC

Pay

roll-

Em

ploy

ee w

ages

$92,

821.

1015

/01/

2010

EFT

-002

22M

RC

Pay

roll-

Em

ploy

ee w

ages

$90,

966.

9929

/01/

2010

EFT

-002

23M

RC

Pay

roll-

Em

ploy

ee w

ages

$99,

448.

68To

tal E

FT P

aym

ents

$283

,236

.77

Gra

nd T

otal

$1,4

86,7

56.4

3

ITEM 8.1.3


Page 40

Che

que

Post

ing

Dat

eD

ocum

ent

No.

Vend

or N

ame

Des

crip

tion

Che

que

Am

ount

Sche

dule

of P

aym

ent f

or J

anua

ry 2

010

Cou

ncil

Mee

ting

- 22n

d A

pril,

201

0

Sum

mar

y Sc

hedu

le o

f Pay

men

ts

Che

que

Paym

ents

Che

que

No.

504

5 to

516

7$8

52,4

88.3

2

Elec

tron

ic P

aym

ents

DP-

003

38 to

DP-

003

48$3

51,0

31.3

4EF

T- 0

0220

to E

FT- 0

0223

$283

,236

.77

Gra

nd T

otal

$1,4

86,7

56.4

3

Not

eTh

e ca

ncel

led

cheq

ues

rela

te to

che

que

prin

ting

issu

es o

n N

avis

ion

whi

ch h

ave

now

bee

n re

ctifi

ed.

CE

RTI

FIC

ATE

OF

CH

IEF

EX

EC

UTI

VE

OFF

ICE

RTh

is s

ched

ule

of a

ccou

nts

whi

ch w

as p

asse

d fo

r pay

men

t, co

verin

g vo

uche

rs a

s ab

ove

whi

ch w

assu

bmitt

ed to

eac

h m

embe

r of C

ounc

il on

22n

d A

pril

2010

has

bee

n ch

ecke

d an

d is

fully

sup

porte

dby

vou

cher

s an

d in

voic

es w

hich

are

sub

mitt

ed h

erew

ith a

nd w

hich

hav

e be

en d

uly

certi

fied

asto

the

rece

ipt o

f goo

ds a

nd th

e re

nditi

on o

f ser

vice

s an

d as

to p

rices

, com

puta

tions

, and

co

stin

g an

d th

e am

ount

s du

e fo

r pay

men

t.

CH

IEF

EX

EC

UTI

VE

OFF

ICE

R

ITEM 8.1.3


Page 41

ATTACHMENT TWO

TO ITEM 8.1.3


22 APRIL 2010

LIST OF PAYMENTS MADE FOR THE MONTH ENDED 28 FEBRUARY 2010

ITEM 8.1.3


Page 42

Che

que

Post

ing

Dat

eD

ocum

ent N

o.Ve

ndor

Nam

eD

escr

iptio

nC

hequ

e A

mou

nt2/

02/2

010

5168

Tint

a C

arW

indo

w ti

ntin

g fo

r offi

ce v

ehic

le$3

89.4

04/

02/2

010

5169

Adv

ance

d Tr

affic

Man

agem

ent (

WA

) Pty

Lt d

Traf

fic c

ontro

l for

wei

ghbr

idge

$1,4

96.0

04/

02/2

010

5170

Ani

mal

Pes

t M

anag

emen

t Se

rvic

e sFe

ral c

at tr

appi

ng &

fox

bait

prog

ram

$2

,194

.50

4/02

/201

051

71B

lack

woo

ds &

Atk

ins

Wor

ksho

p co

nsum

able

s$1

38.6

04/

02/2

010

5172

BO

ULE

VAR

D F

LOR

IST

Flow

ers

for D

avid

& R

ebec

ca D

owlin

g$6

2.00

4/02

/201

051

73C

ECK

Pty

Ltd

Exc

avat

ion

Sta

ge 2

Pha

se 3

Lin

er w

orks

$9,6

30.5

04/

02/2

010

5174

City

of W

anne

roo

Col

lect

ion

of a

dditi

onal

car

ts -

was

te m

anag

emen

t$4

65.6

04/

02/2

010

5175

CO

MM

UN

ITY

NEW

SPA

PER

GR

OU

PC

omm

unity

new

s ad

verti

sem

ent

$5,1

44.4

84/

02/2

010

5176

DR

IVE

IN E

LEC

TRIC

SP

lant

- R

epai

r and

Mai

nten

ance

for M

ulti

terr

ain

load

er$1

23.7

54/

02/2

010

5177

Fuji

Xero

x A

ustr

alia

Pty

Lt d

Pho

toco

pyin

g E

xpen

ses

and

leas

ing

cost

$900

.90

4/02

/201

051

78G

reen

wor

ld In

door

Gar

dens

Mon

thly

pla

nt re

ntal

$396

.84

4/02

/201

051

79H

yder

Con

sulti

ng P

ty L

tdC

onsu

ltanc

y - I

nteg

rate

d R

egio

nal P

lan

proj

ect (

Was

te m

inim

isat

ion)

$21,

199.

374/

02/2

010

5180

John

Kin

g C

onsu

ltant

sC

onsu

ltanc

y - R

RF

rect

ifica

tion

plan

for c

ompo

ster

cra

cks

$13,

475.

004/

02/2

010

5181

LAN

DFI

LL G

AS

& P

OW

ER P

TY L

T DE

lect

ricity

usa

ge$3

,675

.74

4/02

/201

051

82LI

NC

STR

ATE

GI C

Cor

pora

te C

omm

unic

atio

ns S

trate

gy s

tyle

gui

de$5

,863

.00

4/02

/201

051

83M

AG

NET

IC A

UTO

MA

TIO

N P

TY L

T DA

nten

na fo

r site

exi

t boo

m g

ate

$242

.00

4/02

/201

051

84M

ULT

IPR

OG

RA

MM

ING

PTY

LT D

Rep

lace

men

t of D

ocke

t prin

ter f

or w

eigh

brid

ge$9

55.8

84/

02/2

010

5185

OR

S G

RO

UP

Wel

lnes

s P

rogr

ams

$145

.00

4/02

/201

051

86Pe

rthw

aste

Pty

Ltd

Pre

para

tion

of d

ata

base

for b

in tr

ail (

Was

te m

inim

isat

ion

proj

ect)

$929

.50

4/02

/201

051

87Q

UIN

NS

RO

CK

EA

RTH

MO

VIN

GC

ontra

ct L

abou

r Ext

erna

l $3

,366

.00

4/02

/201

051

88R

elia

nce

Petr

oleu

mP

urch

ase

of D

istil

late

$20,

032.

104/

02/2

010

5189

REm

ida

Pert

h In

cM

embe

rshi

p fe

es$2

04.0

04/

02/2

010

5190

TELS

TRA

Tele

phon

e E

xpen

ses

$1,0

52.7

54/

02/2

010

5191

TILT

TR

AY

REN

TAL

Tran

spor

t Mul

ti te

rrai

n lo

ader

to s

ervi

ce c

entre

$1,0

17.5

04/

02/2

010

5192

Uni

ted

Equi

pmen

tR

epla

ce ty

res

for F

orkl

ift$7

36.8

94/

02/2

010

5193

Veol

ia E

nviro

nmen

tal S

ervi

ces

Was

te m

inim

isat

ion

proj

ect -

bin

s hi

re$1

19.1

64/

02/2

010

5194

WA

Loc

al G

over

nmen

t Ass

ocia

tion

Mun

icip

al W

aste

Adv

isor

y C

ounc

il co

ntrib

utio

n 20

09/1

0$2

,110

.00

4/02

/201

051

95W

esbe

am P

ty L

tdP

urch

ase

of P

ine

Woo

dchi

p fo

r RR

F$1

,571

.43

4/02

/201

051

96W

este

rn P

lant

Hire

(WA

) Pty

Ltd

Ski

d S

teer

Hire

$10,

472.

004/

02/2

010

5197

Woo

dhou

se L

egal

Lega

l fee

s$6

,245

.80

4/02

/201

051

98W

OR

K C

LOB

BER

Sta

ff U

nifo

rms/

Pro

tect

ive

Clo

thin

g$4

91.2

24/

02/2

010

5199

Car

Car

e (W

A) -

Min

darie

Mot

or v

ehic

le m

aint

enan

ce$3

05.0

04/

02/2

010

5200

Key

fast

Bul

k H

aula

ge P

ty L

tdLi

mes

tone

cru

shin

g$4

6,20

0.00

4/02

/201

052

01K

eyfa

st B

ulk

Hau

lage

Pty

Ltd

Lim

esto

ne c

rush

ing

$63,

687.

014/

02/2

010

5202

HSE

Con

trol

Pty

Ltd

Con

tract

Lab

our E

xter

nal -

Env

ironm

enta

l$1

7,29

8.60

8/02

/201

052

03C

LAR

KLI

FT W

A P

ty L

t dB

rake

cab

les

and

pads

for E

lect

ric v

ehic

le$3

62.4

78/

02/2

010

5204

The

Hire

Guy

s - W

anga

raP

lant

Hire

Cos

ts$6

49.0

08/

02/2

010

5205

PETT

Y C

AS H

Pet

ty c

ash

reim

burs

emen

t$9

75.6

012

/02/

2010

5206

Min

darie

Reg

iona

l Cou

ncil

Staf

f Lot

to A

ccou

n tS

taff

lotto

- D

educ

ted

from

sta

ff sa

lary

$370

.00

15/0

2/20

1052

07K

OD

AN

OZ

Rec

ords

kee

ping

$830

.28

15/0

2/20

1052

08A

ir Li

quid

e W

A P

ty L

t dW

orks

hop

cons

umab

les

$205

.85

15/0

2/20

1052

09C

HEM

WA

TCH

Mon

itorin

g P

rogr

am -

Che

mw

atch

che

mgo

ld s

yste

m$1

,650

.00

15/0

2/20

1052

10C

OA

TES

HIR

EP

lant

hire

cos

ts

$6,6

50.5

915

/02/

2010

5211

Cub

e C

onsu

lting

Pty

Ltd

Sub

scrip

tions

- IN

X s

yste

ms

Inco

ntro

l & In

Tui

tion

$786

.50

15/0

2/20

1052

12D

R D

ERR

ICK

KU

AN

Sta

ff pr

e-m

edic

al re

crui

tmen

t $8

8.00

Sche

dule

of P

aym

ent f

or F

ebru

ary

2010

Cou

ncil

Mee

ting

- 22n

d A

pril

2010

ITEM 8.1.3


Page 43

15/0

2/20

1052

13D

RIV

E IN

ELE

CTR

ICS

Airc

ondi

tioni

ng a

nd re

-gas

ing

for I

nter

natio

nal t

ruck

$872

.65

15/0

2/20

1052

14El

ecte

kE

lect

rical

repa

irs a

t wei

ghbr

idge

$1,4

75.1

015

/02/

2010

5215

EMR

CC

olle

ctio

n of

mat

tress

es$2

,222

.00

15/0

2/20

1052

16FI

LTER

SU

PPLI

E SO

il &

air

filte

rs s

uppl

ies

for o

nsite

veh

icle

s$5

12.4

915

/02/

2010

5217

KIN

RO

SS S

UPA

IGA

Sta

ff A

men

ities

$344

.22

15/0

2/20

1052

18L

& T

Ven

able

sP

lant

- R

epai

r and

Mai

nten

ance

for a

rticu

late

d du

mp

truck

$136

.93

15/0

2/20

1052

19Lo

cal G

over

nmen

t Man

ager

s A

ustr

ali a

LGM

A F

inan

ce P

rofe

ssio

nals

Con

fere

nce

$1,3

36.0

015

/02/

2010

5220

MU

LTIP

RO

GR

AM

MIN

G P

TY L

T DC

ISC

O li

cens

e re

new

al a

nd A

ltiris

lice

nses

$5,8

46.0

515

/02/

2010

5221

Nev

erfa

il Sp

ringw

ater

Ltd

Sta

ff A

men

ities

$230

.15

15/0

2/20

1052

22R

apie

rR

epai

r of b

rick

pavi

ng a

t edu

catio

n ce

nter

$1

,616

.00

15/0

2/20

1052

23R

ondo

Bui

ldin

g Se

rvic

es P

ty L

t dW

hite

Ste

elfle

x G

uide

post

sig

ns$7

92.0

015

/02/

2010

5224

SJM

Fen

cing

Site

fenc

e re

pairs

and

new

pan

els

crea

ted

$1,7

00.0

015

/02/

2010

5225

ST J

OH

N A

MB

ULA

NC

EFi

rst A

id k

it$1

06.5

015

/02/

2010

5226

Staf

f Lin

kC

ontra

ct L

abou

r Ext

erna

l - B

ushl

and

man

agem

ent

$6,3

38.8

415

/02/

2010

5227

SYN

ERG

YE

lect

ricity

usa

ge$5

2.95

15/0

2/20

1052

28SY

NN

OTT

MU

LHO

LLA

ND

MA

NA

GEM

ENT

Con

tract

labo

ur -

Mar

ketin

g &

was

te e

duca

tion

$3,2

56.0

015

/02/

2010

5229

Vent

oura

s A

dver

tisin

g &

Des

ign

Was

te E

duca

tion

adve

rtisi

ng$7

26.0

015

/02/

2010

5230

WA

Loc

al G

over

nmen

t Ass

ocia

tion

Adv

ertis

ing

expe

nses

& H

ouse

- H

old

Was

te p

rogr

am c

ontri

butio

n$1

8,88

1.83

15/0

2/20

1052

31W

ATE

R C

OR

POR

ATI

ON

Wat

er

$2,9

82.9

016

/02/

2010

5232

Bro

oke

Wilk

ieC

ontra

ct la

bour

- S

urve

y fo

r was

te m

inim

isat

ion

proj

ect

$330

.00

16/0

2/20

1052

33C

laire

Che

rieC

ontra

ct la

bour

- S

urve

y fo

r was

te m

inim

isat

ion

proj

ect

$1,4

20.3

416

/02/

2010

5234

Laur

a D

avis

Con

tract

labo

ur -

Sur

vey

for w

aste

min

imis

atio

n pr

ojec

t$1

65.0

016

/02/

2010

5235

Mat

t McV

eigh

Con

stru

ct g

iant

pup

pet -

recy

clin

g ev

ent p

rom

otio

ns$4

,950

.00

16/0

2/20

1052

36A

dvan

ced

Traf

fic M

anag

emen

t (W

A) P

ty L

t dTr

affic

con

trol f

or w

eigh

brid

ge$3

,590

.40

16/0

2/20

1052

37B

lack

woo

ds &

Atk

ins

Indu

stria

l sup

plie

s fo

r wor

ksho

p$4

76.8

516

/02/

2010

5238

Bun

ning

s B

uild

ing

Supp

lies

Exp

enda

ble

tool

s$3

08.0

516

/02/

2010

5239

Car

dno

Eppe

ll O

lsen

Pty

Ltd

Con

sulta

ncy

- Tam

ala

Par

l acc

ess

asse

ssm

ent

$1,1

99.0

016

/02/

2010

5240

CLE

AN

SW

EEP

Acc

ess

Roa

d M

aint

enan

ce

$1,1

68.7

516

/02/

2010

5241

Con

serv

atio

n C

ounc

il of

Wes

tern

Aus

tral

ia In

c.S

tall

hire

- E

duca

tion

cent

re$1

00.0

016

/02/

2010

5242

Mur

phy

Perk

ins

Spra

y Se

rvic

es P

/ LR

oad

mar

king

equ

ipm

ent

$389

.18

16/0

2/20

1052

43N

ATI

ON

WID

E O

I LR

ecyc

ling

Con

tract

or -

Was

te O

il$8

67.9

016

/02/

2010

5244

Rel

ianc

e Pe

trol

eum

Dis

tilla

te$1

2,93

3.49

16/0

2/20

1052

45SB

S Si

ms

Gro

upE

-Rec

yclin

g C

ontra

ctor

s$1

,505

.35

16/0

2/20

1052

46ST

EVE'

S M

OB

ILE

TYR

E SE

RVI

CE

Pun

ctur

e re

pairs

- Fo

rklif

t$3

85.0

016

/02/

2010

5247

Tarp

omat

ic A

ustr

alia

Pty

Lt d

Sup

ply

of ta

rpom

atic

equ

ipm

ent

$8,9

99.9

816

/02/

2010

5248

Thin

k Fu

rnitu

re A

ssem

bly

Con

tract

labo

ur -

Furn

iture

ass

embl

y$1

10.0

016

/02/

2010

5249

Tint

-a-C

ar -

Cla

rkso

nW

indo

w ti

ntin

g fo

r offi

ce m

otor

veh

icle

$295

.00

16/0

2/20

1052

50W

esTr

ac P

ty L

tdE

ngin

e oi

l for

site

veh

icle

s$4

78.7

117

/02/

2010

5252

Bet

ter D

igita

l Com

mun

icat

ions

Mob

ile p

hone

acc

esso

ries

$199

.90

18/0

2/20

1052

53Fu

ji Xe

rox

Aus

tral

ia P

ty L

t dLe

ase

and

phot

ocop

ying

exp

ense

s$1

,215

.46

18/0

2/20

1052

54H

SE C

ontr

ol P

ty L

tdC

ontra

ct L

abou

r Ext

erna

l - E

nviro

nmen

tal

$7,2

93.0

018

/02/

2010

5255

Wes

tern

Pla

nt H

ire (W

A) P

ty L

tdP

lant

hire

cos

ts$7

,609

.80

18/0

2/20

1052

56C

ance

lled

Che

que

Can

celle

d C

hequ

e$0

.00

18/0

2/20

1052

57IW

Pro

ject

sC

ontra

ct L

abou

r Ext

erna

l - R

RF

$10,

647.

4519

/02/

2010

5258

AU

STR

ALI

A P

OST

- JO

ON

DA

LUP

Pos

tage

& F

reig

ht$2

97.0

025

/02/

2010

5259

PETT

Y C

AS H

Pet

ty c

ash

reim

burs

emen

t$8

12.0

525

/02/

2010

5260

PETT

Y C

AS H

Sta

ff re

-imbu

rsem

ent f

or s

tudy

pro

gram

$2,4

21.0

026

/02/

2010

5261

Abs

olut

e Pr

omot

ions

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Lt d

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mot

iona

l giv

e aw

ays

- Was

te E

duca

tion

$4,3

08.4

826

/02/

2010

5262

Air

Liqu

ide

WA

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Lt d

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ksho

p co

nsum

able

s$1

,040

.80

ITEM 8.1.3


Page 44

26/0

2/20

1052

63A

lanc

e N

ewsp

aper

& M

agaz

ine

Del

iver

yP

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dica

ls/ P

ublic

atio

ns$3

6.00

26/0

2/20

1052

64A

PEFi

t airb

ag s

uspe

nsio

n up

grad

e to

fire

ute

$9

90.0

026

/02/

2010

5265

AR

MA

GU

AR

DC

ash

colle

ctio

n fe

e$6

77.1

426

/02/

2010

5266

Aus

tral

ian

Land

fill O

wne

rs A

ssoc

iatio

n (A

LOA

)S

ubsc

riptio

ns A

LOA

Mem

bers

hip

2010

$330

.00

26/0

2/20

1052

67A

ustr

alia

n R

adia

tion

Serv

ices

Pty

Lt d

Gat

e M

onito

r Cal

ibra

tion

$5,2

02.6

726

/02/

2010

5268

Cab

char

ge A

ustr

alia

Ltd

Trav

ellin

g E

xpen

ses

$211

.21

26/0

2/20

1052

69C

LEA

N S

WEE

PA

cces

s R

oad

Mai

nten

ance

$1

,375

.00

26/0

2/20

1052

70C

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CEP

T A

UD

IO V

ISU

AL

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F P

roje

ctor

and

Scr

een

$4,7

90.5

026

/02/

2010

5271

DEL

OIT

TEC

onsu

ltanc

y - R

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Sta

ndst

ill A

gree

men

t$1

5,56

6.95

26/0

2/20

1052

72D

evco

Hol

ding

s Pt

y Lt

dR

epai

rs to

dam

aged

wei

ghbr

idge

bui

ldin

g $4

,158

.00

26/0

2/20

1052

73D

RIV

E IN

ELE

CTR

ICS

Ren

ew a

ltern

ator

for T

ana

$593

.00

26/0

2/20

1052

74D

UN

& B

RA

DST

REE

T A

UST

RA

LIA

P/ L

Deb

t col

lect

ion

fee

$3.9

626

/02/

2010

5275

Free

hills

Con

sulta

ncy

- Cra

cked

Com

post

ers

& o

ther

lega

l mat

ters

$16,

847.

4926

/02/

2010

5276

Fuji

Xero

x A

ustr

alia

Pty

Lt d

Pho

toco

pyin

g E

xpen

ses

& le

asin

g fe

es$1

,120

.35

26/0

2/20

1052

77G

reen

wor

ld In

door

Gar

dens

Mon

thly

pla

nt re

ntal

$396

.84

26/0

2/20

1052

78IN

FOR

MA

TIO

N E

NTE

RPR

ISES

TR

US T

Sco

ping

Pro

ject

$5,5

27.5

026

/02/

2010

5279

Inst

ant P

rodu

cts

Gro

upS

ervi

ce W

aste

Edu

catio

n to

ilet

$514

.25

26/0

2/20

1052

80Ja

snea

tG

ener

al C

lean

ing

$1,4

63.0

026

/02/

2010

5281

Kite

c El

ectr

ical

Ser

vice

sE

lect

rical

tagg

ing

at w

orks

hop

$781

.81

26/0

2/20

1052

82LA

ND

FILL

GA

S &

PO

WER

PTY

LT D

Ele

ctric

ity u

sage

$3,7

67.4

526

/02/

2010

5283

Mag

icor

p Pt

y Lt

dTe

leph

one

Exp

ense

s- m

essa

ge s

ubsc

riptio

n$1

03.4

026

/02/

2010

5284

Mck

enna

Ham

pton

Com

post

er C

rack

s In

sura

nce

Adv

ice

$825

.00

26/0

2/20

1052

85M

ERC

UR

YC

ourie

r exp

ense

s$2

63.7

026

/02/

2010

5286

NA

TIO

NA

L TY

RE S

Pun

ctur

e re

pairs

for a

rticu

late

d du

mp

truck

$2,0

04.2

026

/02/

2010

5287

NO

RTH

SID

E N

ISSA

NR

epai

rs &

ser

vice

of m

otor

veh

icle

$2,3

81.9

026

/02/

2010

5288

Onl

ine

Prin

ting

Serv

ice s

Prin

ting

of b

usin

ess

card

s$3

20.0

026

/02/

2010

5289

QU

INN

S R

OC

K C

AB

INET

S &

MA

INTE

NC

ontra

ct L

abou

r - R

RF

land

scap

ing

$5,7

36.5

026

/02/

2010

5290

RA

ICH

AN

D A

SSO

CIA

TES

Wea

ther

Sta

tion

Mon

itorin

g$1

,141

.33

26/0

2/20

1052

91R

ed 1

1 Pt

y Lt

dP

rinte

r ton

ers

supp

ly$2

89.1

026

/02/

2010

5292

Rel

ianc

e Pe

trol

eum

Pur

chas

e of

Dis

tilla

te$3

5,81

1.60

26/0

2/20

1052

93R

hond

a Ev

ans

Nav

isio

n/W

aste

man

sys

tem

sup

port

& m

aint

enan

ce

$580

.80

26/0

2/20

1052

94Se

nsis

Pty

Ltd

Yel

low

Pag

es D

irect

ory

List

ing

$492

.33

26/0

2/20

1052

95SU

RVE

Y G

RA

PHIC

SM

onito

ring

Pro

gram

- Map

ping

con

sulta

nts

$844

.58

26/0

2/20

1052

96SY

NN

OTT

MU

LHO

LLA

ND

MA

NA

GEM

ENT

Con

tract

labo

ur -

Mar

ketin

g &

was

te e

duca

tion

$11,

764.

5026

/02/

2010

5297

TELS

TRA

Tele

phon

e E

xpen

ses

$1,1

50.1

926

/02/

2010

5298

The

Exec

utiv

e C

onne

ctio

n Pt

y Lt

dQ

uarte

rly s

ubsc

riptio

ns &

sem

inar

fees

$4,5

37.5

026

/02/

2010

5299

UR

SP

rofe

ssio

nal f

ees

- RR

F In

frast

ruct

ure

$10,

223.

9026

/02/

2010

5300

WA

Loc

al G

over

nmen

t Ass

ocia

tion

Loca

l Gov

ernm

ent D

irect

ory

listin

g fe

e$4

6.90

26/0

2/20

1053

01W

ESTE

RN

DIA

GN

OST

IC P

ATH

OLO

GY

Wel

lnes

s P

rogr

ams

$30.

0326

/02/

2010

5305

CA

LTEX

AU

STR

ALI

A P

ETR

OLE

UM

PT Y

Pla

nt -

Fuel

and

Oil

$154

.05

26/0

2/20

1053

06B

rand

Suc

cess

Pro

mot

iona

l giv

e aw

ays

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te E

duca

tion

$715

.00

26/0

2/20

1053

07C

anno

n H

ygie

ne A

ustr

alia

Pty

Ltd

Cle

anin

g su

pplie

s - J

anua

ry &

Feb

ruar

y 20

09$7

85.1

526

/02/

2010

5308

Cou

pler

s M

alag

aM

aint

enan

ce fo

r Bom

ag c

ompa

ctor

$780

.81

26/0

2/20

1053

09B

RYA

NT

MED

I AC

orpo

rate

Com

mun

icat

ions

Stra

tegy

$4,4

00.0

026

/02/

2010

5310

Bet

ter D

igita

l Com

mun

icat

ions

Mob

ile p

hone

and

car

kit

acce

ssor

ies

$712

.00

26/0

2/20

1053

11El

ecte

kE

lect

rical

mai

nten

ance

$703

.12

26/0

2/20

1053

12W

AN

NER

OO

PLU

MB

ING

SER

VIC

EC

lear

blo

cked

toile

t in

wor

ksho

p$3

42.8

726

/02/

2010

5313

Woo

dhou

se L

egal

Lega

l fee

s$7

,218

.20

26/0

2/20

1053

14W

orko

ut W

orld

Equ

ipm

ent m

aint

enan

ce$6

0.00

ITEM 8.1.3


Page 45

26/0

2/20

1053

15C

ity o

f Joo

ndal

upLe

ase

Fee

Lot 1

18 M

arm

ion

Ave

for M

arch

201

0$9

,241

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26/0

2/20

1053

16C

ity o

f Per

thLe

ase

Fee

Lot 1

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arm

ion

Ave

for M

arch

201

0$4

,620

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26/0

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1053

17C

ity o

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ling

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e Fe

e Lo

t 118

Mar

mio

n A

ve fo

r Mar

ch 2

010

$18,

482.

4926

/02/

2010

5318

City

of W

anne

roo

Leas

e Fe

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t 118

Mar

mio

n A

ve fo

r Mar

ch 2

010

$9,2

41.2

326

/02/

2010

5322

Tow

n of

Vin

cen t

Leas

e Fe

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t 118

Mar

mio

n A

ve fo

r Mar

ch 2

010

$4,6

20.6

426

/02/

2010

5323

Tow

n of

Vic

toria

Par

kLe

ase

Fee

Lot 1

18 M

arm

ion

Ave

for M

arch

201

0$4

,620

.64

26/0

2/20

1053

24To

wn

of C

ambr

idg e

Leas

e Fe

e Lo

t 118

Mar

mio

n A

ve fo

r Mar

ch 2

010

$4,6

20.6

426

/02/

2010

5325

DEE

RIN

G A

UTR

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ICS

Fitti

ng o

f fla

shin

g lig

ht fo

r Edu

catio

n ce

ntre

veh

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$435

.12

26/0

2/20

1053

26Eq

uilib

rium

Com

mun

icat

ion

Prin

ting

of c

alen

dars

and

HH

W b

roch

ures

$13,

675.

8626

/02/

2010

5327

GH

D P

TY L

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onsu

ltanc

y - I

nfra

stru

ctur

e w

aste

(was

te m

inim

isat

ion

proj

ect)

$3,0

68.6

426

/02/

2010

5328

Gre

at S

outh

ern

Sand

sE

xcav

atio

n w

ork

of P

hase

3 s

tage

2 p

roje

ct$1

4,19

0.00

26/0

2/20

1053

29H

yder

Con

sulti

ng P

ty L

tdC

onsu

ltanc

y - I

nteg

rate

d R

egio

nal P

lan

proj

ect (

Was

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inim

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ion)

$14,

132.

9126

/02/

2010

5330

Iron

Mou

ntai

n A

ustr

alia

Pty

Lt d

Rec

ords

mai

nten

ance

$4.5

326

/02/

2010

5331

Mid

alia

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elP

urch

ase

of s

teel

she

ets

for p

aint

can

cru

sher

$819

.56

26/0

2/20

1053

32SB

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ms

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ctor

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,984

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26/0

2/20

1053

33Th

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ctor

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rom

otio

nal g

ive

away

s - C

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for c

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unic

atio

n &

stra

tegy

$165

.00

26/0

2/20

1053

34Th

e H

UB

Mar

ketin

g C

omm

unic

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n Pt

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dC

onsu

ltanc

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arke

ting

& c

omm

unic

atio

n su

ppor

t (W

aste

min

imis

atio

n)$3

1,74

6.00

26/0

2/20

1053

35W

este

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lant

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(WA

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Ltd

Pla

nt h

ire c

osts

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ater

truc

k$7

,040

.00

26/0

2/20

1053

36W

este

rn P

lant

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(WA

) Pty

Ltd

Pla

nt h

ire c

osts

- S

kid

stee

r loa

der

$4,5

32.0

026

/02/

2010

5337

CPA

AU

STR

ALI

AM

embe

rshi

p fe

es/S

ubsc

riptio

n$7

92.0

026

/02/

2010

5338

AU

SSIE

OU

TBA

CK

SU

PPLI

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xpen

dabl

e to

ols

$1,0

72.5

0To

tal C

hequ

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ymen

ts$6

87,7

30.1

7

23/0

2/20

10D

P-0

0349

Iinet

Lim

ited

Inte

rnet

VO

IP c

harg

e$9

.95

1/02

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0D

P-0

0350

Nat

iona

l Aus

tral

ia B

ank

Nat

iona

l Onl

ine

Fee

$56.

958/

02/2

010

DP

-003

51C

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lled

Can

celle

d$0

.00

8/02

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0D

P-0

0352

Com

mon

wea

lth B

ank

Loan

11

repa

ymen

t$7

4,93

7.86

15/0

2/20

10D

P-0

0353

Nat

iona

l Aus

tral

ia B

ank

Ban

k C

harg

es$2

0.00

19/0

2/20

10D

P-0

0354

Aus

tral

ian

Taxa

tion

Offi

ceB

AS

for J

anua

ry 2

010

$255

,591

.00

22/0

2/20

10D

P-0

0355

Nat

iona

l Aus

tral

ia B

ank

Cre

dit C

ard

Cle

arin

g$2

,757

.42

26/0

2/20

10D

P-0

0356

Nat

iona

l Aus

tral

ia B

ank

Loan

10C

repa

ymen

t$6

2,73

6.68

26/0

2/20

10D

P-0

0357

Nat

iona

l Aus

tral

ia B

ank

Mer

chan

t fee

s$8

06.8

826

/02/

2010

DP

-003

58C

omm

onw

ealth

Ban

kLo

an 1

0B re

paym

ent

$8,9

55.3

926

/02/

2010

DP

-003

59C

omm

onw

ealth

Ban

kLo

an 8

repa

ymen

t$2

2,17

8.68

26/0

2/20

10D

P-0

0360

Can

celle

d C

ance

lled

$0.0

026

/02/

2010

DP

-003

61N

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nal A

ustr

alia

Ban

kB

ill D

raw

dow

n Fe

e$1

50.0

026

/02/

2010

DP

-003

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ITEM 8.1.3


Page 46

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ITEM 8.1.3


Page 47

MINUTES

TECHNICAL WORKING GROUP

THURSDAY 1 APRIL 2010

TIME: 8.30AM

VENUE – TOWN OF CAMBRIDGE

Managing waste and recovering resources responsibly Constituent Members: Cities of Perth, Joondalup, Stirling, and Wanneroo.

Towns of Cambridge, Victoria Park and Vincent


Page 48



NOTICE OF MEETING

26 March 2010

Members are advised that a meeting of the Technical Working Group of the Mindarie Regional Council will be held in the Committee Room of the Town of Cambridge, 1 Bold Park Drive, Floreat, Thursday 1 April 2010 commencing at 8.30am.

Items for consideration are attached.

Yours faithfully

KEVIN POYNTON Chief Executive Officer MEMBERS: K Poynton Chief Executive Officer Mindarie

E Albrecht Manager Waste Fleet Stirling K Caple Director City Business Wanneroo C Colyer Director Infrastructure Cambridge K Dhillon Chief Financial Officer Mindarie G Eves Director Infrastructure Management Stirling D Forster Director Business Units Perth M Glover Director Infrastructure Services Joondalup E Herne Director Corp Resource Management Stirling P Hoar Coordinator Waste Mgt Joondalup R Lotznicker Director Technical Services Vincent S Spinks Manager City Business Wanneroo M Tolson Operations Manager Mindarie A Vuleta Director Technical Services Vic Park I Watkins Projects Manager Mindarie

MINDARIE REGIONAL COUNCILTECHNICAL WORKING GROUP MINUTES - 1 APRIL 2010


Page 49

MINUTES OF A MEETING OF THE TECHNICAL WORKING GROUP OF THE MINDARIE REGIONAL COUNCIL HELD IN THE COMMITTEE ROOM OF THE TOWN OF CAMBRIDGE, 1 BOLD PARK DRIVE, FLOREAT, ON THURSDAY 1 APRIL 2010 AT 10.15AM . PRESENT: K Poynton Chairman Members Messrs Ed Albrecht Operations Manager Stirling Karen Caple Director City Business Wanneroo Chris Colyer Director Infrastructure Cambridge Kalwant Dhillon Chief Financial Officer Mindarie Martyn Glover Director Infrastructure Sves Joondalup Peter Hoar Coordinator Waste Mgt Joondalup Shane Spinks Manager City Business Wanneroo Mike Tolson Operations Manager Mindarie Ian Watkins Project Manager Mindarie VISITORS Nil APOLOGIES D Forster R Lotznicker CONFIRMATION OF MINUTES Not applicable



Page 50

MINUTES

TABLE OF CONTENTS

ITEM

SUBJECT

FILE NO

PAGE NO

1 BUSINESS REPORT (for the period 26 January 2010 – 25 March 2010)

COR/8 P5-18

2

RESOURCE RECOVERY FACILITY UPDATE REPORT (for the period 5 February 2010 – 25 March 2010)

WST/13-02 P19-47

3 LANDFILL UPDATE REPORT (for the period 15 October 2009 – 25 March 2010) WST/100 P48-52

4 LANDFILL GAS CONTRACT REPORT EST/2-02 P53-58

5 BUSINESS PLANNING 2010/2011 COR/8 P59-72

6 ENVIRO 2010 CONFERENCE AND EXHIBITION - SOLUTIONS FOR A SUSTAINABLE FUTURE

COR/33 P73-79

7 MINDARIE REGIONAL COUNCIL – POLICY DOCUMENTATION – REVIEW OF EXISTING POLICIES

COR/23 P80-96

8 TAMALA PARK WEIGHBRIDGE BUILDING RECONSTRUCTION

COP/12 P97-128



Page 51

ITEM 1 BUSINESS REPORT (for the period 26 January 2010 – 25 March 2010) File No: COR/8 (D/10/1765) Attachment(s): 1. Information related to landfill and recycling activity at Tamala

Park to end February 2010 2. MRC Marketing and Education Plan – Progress Report Author: Kevin Poynton

SUMMARY The purpose of this report is to provide Council with current information on all business activities. BACKGROUND The Council at its meeting held in October 2008, resolved, inter alia, to approve a revised Strategic Plan. Council, at Special Council Meeting 28 May 2009, approved Annual Business Plan 2009/2010. This business report is now presented in a format consistent with both the Strategic Plan and approved Annual Business Plan. New information since the last report is provided in ‘bold italics’. DETAIL OBJECTIVE ONE – WASTE MANAGEMENT Objective One is ‘to manage waste in a way that

• Maximises resource recovery

• Minimises waste to landfill

in order to minimise environmental impact. Existing Waste Processing Projects – Tamala Park The table at Attachment One describes business activity for the period 1 July 2009 – 28 February 2010 for member councils, and others, in terms of tonnage (received for processing) and revenue associated with this tonnage. Information related to landfill and recycling activity at Tamala Park to end February 2010 is presented in the table at Attachment One. Current information in relation to Tamala Park landfill and recycling activities is as follows:

• The issue of a contractual dispute with a service provider, in relation to landfill construction work, has progressed to the point where a draft legal document assigning responsibilities from the contractor (JJ MacDonald) to the current owners (WATPAC) has been reviewed. Legal advice has been that the type of assignation is incorrect. Further liaison has continued with WATPAC

• Utilisation of Tamala Park limestone has continued both onsite and via exploitation of offsite activities

ITEM 8.2.1



Page 52

• An investigation into the characteristics of future gas management plan is in progress with a view to either an extension of the existing arrangement for a finite period, or conduct of another tender exercise for the service. This matter is the subject of a separate report in this agenda. Meanwhile, landfill gas related revenue for period 1 July 2009 – end February 2010 is $282,410. The budget estimate for financial year 2009/2010 was $550,000 and this is expected to be achieved

• Key tasks associated with the groundwater management plan for 2009/2010 are as follows:

- Groundwater sampling, analysis and reporting

- The annual ground water monitoring report, including the results from 18 new bores was presented to DEC in March 2009

- Specialist groundwater monitoring/management consultancy services will be required for planning any groundwater remediation requirements in FY 09/10 that may arise as a result of the leachate plume being detected to the north of Stage I

- Provision of an additional 3 borehole clusters to aid the investigation of the above item

The administration has received the latest groundwater monitoring report. Key points to note are as follows:

- Annual groundwater monitoring for 2009 included 9 additional boreholes along northern boundary

- Results indicate plume is migrating in north westerly direction and some substances of concern are above investigation trigger levels at the northern boundary

- Funding requested in 2010/2011 budget for investigating Monitored Natural Attenuation and Engineered Remediation options

- Consultation with stakeholders to be undertaken with inputs from above investigations to be considered

• Access to Federal Government funds to establish a ‘used – fridge management capability’ as an internal rather external service, at a cost saving of $29,000 per annum, has commenced. These funds are being used to train two staff on ‘used fridge management’

Existing Waste Processing Projects – Neerabup Progress against a project to establish and operate a Resource Recovery Facility (RRF) at Neerabup in is contained in a separate report within this agenda. OBJECTIVE TWO – WASTE PROCESSING OPPORTUNITIES Objective Two is to identify, evaluate and implement opportunities for expansion of the waste management business. An Integrated Regional Plan Tasks associated with the development of an integrated regional plan have been progressed as follows:

ITEM 8.2.1



Page 53

• Hyder presentation to the TWG on 5 February covering waste processing options, selection criteria and related assumptions

• Feedback from the TWG to prioritise selection criteria

• Scenario modelling undertaken by Hyder

• Finalisation of remaining project activity timeline

• Arrangements for a TWG scenario workshop on 15 April Additional Processing Facilities Tasks associated with the establishment of additional processing facilities for operation by Mindarie Regional Council have been progressed as follows:

• Recycling Centre Balcatta (City of Stirling)

- Investigation into Mindarie Regional Council operation of Household Hazardous Waste (HHW) component completed

- Alternative approach re ‘takeover’ of all the recycling activities at Balcatta is in progress

• ‘Son of Tamala’ Landfill

- Work is progressing to investigate purchase of land for potential purchase for use as a landfill, if required

OBJECTIVE THREE – INDUSTRY LEADERSHIP AND ADVOCACY Objective Three is to identify and promote industry-wide initiatives for improvements to waste/resource management, particularly in relation to waste minimisation and resource recovery. SWMP Projects Progress on current SWMP projects during the reporting period has been as follows: 1. 2 Bin Trial (clean2stream) This project seeks to address the issue of “which bin to put it in” and study household and non residential sorting and collection systems to be considered for future improvements in recycling recovery and waste processing. The object of this project is to develop and trial a 2 stream collection system that is optimised to suit future organic and non-organic waste recycling for a range of premises, without the introduction of a new “class of waste” stream and the expense associated with the supply of bins, trucks, staff and environmental emissions associated with collection vehicles. Participating Local Government – Town of Cambridge Current Progress:

• Trial currently underway

• Approximately 900 Town of Cambridge households participating

• High level of community acceptance and appreciation

• MRC activity relates to ongoing supply of “bio-bags” (a consumable) to participants

• Trial ends on 8 April 2010

ITEM 8.2.1



Page 54

• Gathering data from the waste collection

• Gathering feedback from the community and waste collection contractor

• Following the trial completion (8/4/10), the MRC will produce a report on the outcomes of the trial.

2. Bulky Waste Characterisation This project is designed to identify the composition of the various bulky waste streams delivered to Tamala Park and Recycling Centre Balcatta and identify their sources. This information is then available to the Mindarie Regional Council and the City of Stirling to be considered in the redesign of their respective transfer stations including charging policy and materials handling procedures to increase the amount of waste diverted from landfill. Participating Local Governments: City of Stirling, Mindarie Regional Council Current Progress:

• Final report completed

• Report on MRC website for public information

3. Best practice bulky hard waste and garden waste verge collections This project seeks to identify best practice recovery of bulky hard and green waste from household verge collections for the purpose of reuse and recycling. During the project officers audit materials placed on verges for collection, interview officers from member councils and collection contractors and collate detail on all member council collection services. Current Progress:

• Draft report completed

• MRC currently reviewing draft report.

• Following finalisation, the report will be placed on MRC website for public information

4. Events Recycling The results of these investigations will be used to develop new waste management models and procedures for use throughout the region. The waste management models will also make allowance for the different sizes of events. Participating Local Governments: City of Perth, consultation with all member councils Current Progress:

• Draft report being finalised by consultant 5. Council Infrastructure Works Waste Recycling This project is designed to bring together all of the Engineering and Parks operational staff within the region with responsibility for the recycling and disposal of solid waste generated through the construction and maintenance of Local Government infrastructure with a focus on pavement, drainage and parks operations.

ITEM 8.2.1



Page 55

The object is to identify best practice infrastructure waste avoidance and recycling and seek to adopt the best practices through all member Local Governments through copying techniques and sharing contracts. Participating Local Governments: All member councils Current Progress:

• Draft report completed

• MRC currently reviewing draft report.

• Following finalisation, the report will be placed on MRC website for public information

6. Reducing the Direct Environmental Impact from the Transport of Collected Recycling and Waste Materials for Present and Future Scenarios The objective of this project is to identify what opportunities exist and what steps need to be taken to optimise the collection and transport of materials for the purposes of recycling and disposal. The project is intended to identify the optimum travelling distances for kerbside collection vehicles in terms of premises serviced, fuels consumed and emissions to the atmosphere from when a truck is filled to capacity to the point of discharge and to specify what benefits can be derived from:

• Locating processing facilities closer to the point of collection

• Using transfer stations to sort and move waste to more remote recycling facilities and landfill sites.

Participating Local Governments: All member councils Current progress:

• This project forms part of the Hyder Integrated Regional Plan.

• Hyder currently carrying out scenario modelling. Partnership Activities Key partnership activities during the reporting period have been as follows:

• Municipal Waste Advisory Council (MWAC)

- Meeting held February 2010

• Forum of Regional Councils (FORC)

- Meeting held February 2010 - Presentation provided by EMRC on visit to overseas Waste to

Energy facilities

- Development continued on an approach to further improve liaison with WALGA (MWAC)

- Confirmation occurred on a plan to brief State Government representatives on FORC activities

- Discussion held on contents of paper ‘Waste as Essential Service’, and revised FORC Terms of Reference

ITEM 8.2.1



Page 56

• Waste Management Association of WA (WMAA(WA))

- Implementation of project plans for utilisation of $100k from Waste Authority

• Industry Training Council (EUPA)

- Review and revision of waste industry training needs, using levy funds. This work is in progress

OBJECTIVE FOUR – COMMUNITY ENGAGEMENT Objective Four is to engage with the community in the Mindarie region in order to promote behaviour consistent with the region’s operational plans for waste/resource management. A report on progress against Council’s Marketing and Education Plan is at Attachment Two to this Item. Marketing Activities Key marketing activities progressed during the reporting period were as follows:

• Annual Report delivered and distributed in two formats

• Style Guide close to finalisation – co-branding requirements have been used in discussions with Councils about design of fridge calendars

• Monthly community update advertisements in Community Newspapers in February and March

• CEO Bulletin produced following 25 February Ordinary Council Meeting

• MRC News edition in production

• Booking made for booth at this year’s Waste and Recycle Conference

• Ongoing maintenance and improvements to website

• Work commencing on creation of Brand Council

• Work commencing on development of Earth Carers interactive website tool

Education Activities Key education activities progressed during the reporting period were as follows:

• Continued support of member councils with the metropolitan-wide battery collection program. Battery bins are now in place in each Council area. Investigation of region-wide contractor to collect batteries. The first delivery of batteries to eastern states for recycling to happen in late March.

• Work commencing with production of financial year fridge calendars for Cambridge, Stirling, Vincent, Joondalup and Wanneroo.

• New Earth Carers course has commenced with 33 registrations.

• Planning commencing on fit-out of displays at the RRF Visitors Centre. RFQ for internal displays about to be called.

• RRF promotional brochure has been printed. RRF DVD script is being finalised.

ITEM 8.2.1



Page 57

• Tours are continuing to have good levels of interest and mobile display activity has increased in line with the summer event schedules of member Councils

• HHW promotion for Disposal Day at Joondalup on March 27. HHW brochure in production.

• Work commencing on development of waste statistics report card and graphic representation on website.

• Proposal to start developing communication material for community members with English as a Second Language (ESL) was discussed and accepted at WESSG meeting

Community Engagement Advisory Group (CEAG) Activities Key CEAG activities progressed during the reporting period were as follows:

• CEAG has reviewed its Roles & Functions Statement. This will come to the April Ordinary Council Meeting for endorsement

• CEAG has completed it review of performance against the CPA as of Practical Completion. Report to come to the April Ordinary Council Meeting for endorsement

• Participation at the CATRA (Carramar & Tapping Residents Association) Expo on 14 March. Four CEAG members assisted on the day

OBJECTIVE FIVE – ORGANISATIONAL MANAGEMENT Objective Five is to maintain excellent management of the Mindarie Regional Council organisation. Business Systems Key projects associated with this port folio are as follows:

• Implementation of improved budget preparation process, in conjunction with member councils

• Investigation of personnel resourcing mix, prior to Budget 2010/2011

• Progress of improved TWG governance model

• Progress of a project to develop a revised pricing model

Member Council Partnerships Key activities progressed as follows:

• Liaison Tamala Park Regional Council (TPRC) re buffer and associated issues

• Agreement by TPRC on revised buffer plan

• Commencement of preparation of a lease amendment to effect this revised buffer plan

On the matter of Town of Cambridge exemption request, CEO Mindarie Regional Council and CEO Town of Cambridge have agreed that this matter is best left until investigations on a revised pricing model and an ‘exemption approach’ are completed. This is now estimated to be early 2010.

ITEM 8.2.1



Page 58

Establishment Agreement The administration has received correspondence from Town of Vincent advising a position of support for ‘one vote – one Council’, as distinct to the existing model, in any future draft Establishment Agreement. This position is at odds with other Council positions on this matter i.e. retention of status quo. Attendees at an Officer Business Workshop on 13 August 2009 agreed ‘way ahead’ as follows:

• Finalisation of the draft Establishment Agreement, for MRC endorsement and subsequent consideration by member councils

• Development of a suite of potential Constitution amendments, for consideration by MRC and member councils in the event of non-agreement to the draft Establishment Agreement

The Establishment Agreement work is closely linked to the pricing model, and will occur in synchronisation with this pricing model work. The estimated timeframe for presentation of a final draft Establishment Agreement to Council will depend on pricing model progress.

CONSULTATION Not applicable STATUTORY ENVIRONMENT Not applicable POLICY IMPLICATIONS Not applicable STRATEGIC IMPLICATIONS This progress report reflects progress against approved activities associated with the Council’s annual Business Plan. FINANCIAL IMPLICATIONS These activities are conducted within the context of the approved Council budget for any particular financial year. COMMENT Council business is currently being conducted within the framework of the Annual Business Plan. MRC OFFICER RECOMMENDATION That Council receive this progress report for the period 25 January 2010 – 25 March 2010 against Annual Business Plan 2009/2010.

ITEM 8.2.1



Page 59

TECHNICAL WORKING GROUP MEETING – 1 APRIL 2010 The Group agreed actions as follows:

• Further improvement to the Marketing and Education Plan progress report via ‘plan vs. actual’ financial reporting

• Wider distribution of meeting minutes as follows:

- TWG Minutes: to WESSG

- WESSG Minutes: to TWG TWG OFFICERS RECOMMENDATION That Council receive this progress report for the period 25 January 2010 – 25 March 2010 against Annual Business Plan 2009/2010.

ITEM 8.2.1



Page 60

ATTACHMENT ONE

TO ITEM 1


1 APRIL 2010

INFORMATION RELATED TO LANDFILL AND RECYCLING ACTIVITY AT TAMALA PARK TO END FEBRUARY 2010

ITEM 8.2.1



Page 61

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ITEM 8.2.1MINDARIE REGIONAL COUNCILTECHNICAL WORKING GROUP MINUTES - 1 APRIL 2010


Page 62

ATTACHMENT TWO

TO ITEM 1


1 APRIL 2010

MRC MARKETING AND EDUCATION PLAN – PROGRESS REPORT

ITEM 8.2.1



Page 63

MRC MARKETING AND EDUCATION PLAN – PROGRESS REPORT

ACTIVITY BUDGETCURRENT STATUS

ACTION PRIOR TO JUNE 30

Corporate Communications

Annual Report & Strategic Plan

$25,000 Completed

Waste Conference $15,000 Completed Media activity $15,000 Ongoing Website update $45,000 Ongoing Maintenance continuing, plus

commencement of Stage 2 interactive

MRC News $65,000 In production

For distribution in April

Facts n Stats $12,833 Updates to be developed Every Moment Matters $4,167 Updates to be developed General advertising $6,000 Utilised as

required

Waste education WESSG support $2,500 Monthly

meetings

Branding support $21,000 Vic Park truck stickers completed

Discussing bin sticker support for Stirling and Vincent. Finalisation of Style Guide

Region evaluation tool $10,000 Work has commenced to develop report card

Creation of concept; consultation with Councils; and finalisation

Tours program $20,000 Ongoing Full program up to & beyond June

Bus subsidy $15,000 Ongoing Full program up to & beyond June

Launch of education centre

$4,500 Completed

Mobile display $10,000 Ongoing Full program up to & beyond June

Fridge calendar “Waste management & recycling guide”

$56,000 Calendars completed for Perth & Vic Park

Financial year calendars to be developed for Stirling, Cambridge, Vincent, Joondalup and Wanneroo (TBC). RFQ for design & print management to be implemented

Earth Carers $60,000 5th training program underway

EC events – graduation and planning mtgs; working with EC group on interactive tool

HHW promotion $48,000 09 Disposal Days for Cambridge, Vic Park & Vincent

2010 Disposal days for Joondalup, Stirling & Cambridge. Production of HHW brochure

Waste Wise events $14,000 Activity funded as RIP project



Page 64

Contaminants education $6,300 Fluoros & batteries focus

Plan program expansion including collection devices for distribution to households

E-waste $25,000 Possible Apple e-waste day in June

Will support e-waste day when confirmed

Partnership program $25,000 Tales With A Twist in schools & at community events

Shopping centre performances plus another 21 school performances in May

Schools program $30,000 Ongoing Complete planning to gradually build program. Strong demand for incursions.

ESL $10,000 Material being drafted

For completion before end of June

Advertising $7,000 Participation in waste supplements

Projects & SWMP support

Visitors Centre $40,000 Design brief developed; RFQ process imminent

Completion of Stage 1 of fitout by end of June

DVD & brochures for RRF

$18,000 Brochure completed; DVD script close to finalisation

Complete DVD

Monthly update ad $72,000 Ongoing Monthly ad



Page 65

ITEM 2 RESOURCE RECOVERY FACILITY UPDATE REPORT (for the period 5 February 2010 – 25 March 2010)

File No: WST/13-02 (D/10/1898) Attachment(s): 1. CEAG Role and Function Statement 2. Community Partnership Agreement Review Report Author: Ian Watkins

SUMMARY The purpose of this report is to provide Council with information relating to relevant historical information and operation of the Stage 1 Resource Recovery Facility (RRF) at Neerabup. New information since the last report is provided in ‘bold italics’. BACKGROUND Stage 1 RRF contract was signed with BioVision 2020 on 23 November 2007. Construction commenced on 27 February 2008 with Practical Completion being achieved on 16 July 2009. The 20 year contract operational period commenced on 16 July 2009.

• Contract framework includes:

• Contractor - BioVision 2020 (Ownership - 70% Westscheme; 30% SITA)

• Build Own and Operate (BOO) contract structure

• 100,000 tonnes per year

• 20 year contract

• Contract commencement date 16 July 2009

• Contract end date 15 July 2029 DETAIL Operations As at 16 July 2009 facility operations commenced. Typical operational conditions include:

• MRC to deliver 400 tonnes per day - Monday to Friday

• BioVision to process 285 tonnes per day - seven days per week

• 40,000 kilolitres of water consumed per year

• 3 MW hours of power consumed

• Approximately 40,000 tonnes of compost produced annually

• Approximately 30,000 tonnes of residue sent to Tamala Park annually

• 1,200 tonnes of ferrous metal recycled annually

ITEM 8.2.2



Page 66

Composter Structural Issues Following the completion of short term repairs to the cracked composters, the facility was put back into full operation on 1 February 2010. Subsequent to this date, the facility has operated at greater then 100% Availability. Standstill Deed (SSD) Update:

• MRC has requested one minor change to the wording of the SSD relating to the methodology for working out and guaranteed tonnage shortfall during the Initial Guarantee Availability Period

• BioVision has requested a minor change relating to the period in which Deemed Tonnes are limited to a maximum of 300 tonnes per month. Although this is a minor change and is consistent with the negotiations surrounding the finalisation of the Rectification Plan, this change has been assessed by the Freehills as being a material change. Consequently, in accordance with the resolution from the February OCM, the SSD will need to come back to Council for approval prior to sign off

• It is anticipated that all necessary changes to the SSD will be concluded prior to the 22 April OCM allowing a late item to be presented at the meeting. Should this not be achieved, it will be necessary to call a Special Council Meeting to deal specifically with the final SSD

• The ANZ Bank sign off of the SSD can only be achieved once the final document has been agreed between the MRC and BioVision

• The facility is currently being operated as if the SSD was in full effect MRC Current Activities:

• Adjusting weekly delivery tonnage to accommodate operational requirements

• Investigating potential insurance claims

• Monitoring BioVision activity relating to composter long-term repairs BioVision current activities:

• Adjusting facility operations to maximise Availability

• Pursuing insurance claims:

- Feedback from BioVision is that the "Industrial Special Risks" insurer is not responding to the Claim. This is to do with the fact that it has not yet been finalised which party (designer or composter construction contractor) is liable for damages

- BioVision is pursuing legal action against the insurer

• Finalising composter long-term repair arrangements BioVision Tonnage Guarantee (assumption is that the SSD will be signed off by all parties):

• As at the end of January 2010 BioVision had a Guarantee shortfall of 5,651 tonnes

• During the month of February BioVision reduced the Guarantee shortfall by a 48 tonnes resulting in a remaining Guarantee shortfall of 5,603 tonnes

ITEM 8.2.2



Page 67

Waste Delivery Under normal operating circumstances the RRF will typically accept approximately 2,000 tonnes of waste per week (Scheduled Tonnes). As a result of the reduced Availability associated with the composter cracks, BioVision is endeavouring to catch up the tonnage shortfall during the remainder of the Contract Year (the Standstill Deed provides an opportunity for BioVision to continue to catch up the tonnage shortfall during the following Contract Year). As a consequence the MRC has been requested to deliver more than the scheduled 2,000 tonnes per week. In order to meet the demand for additional tonnage, the Town of Vincent has recently commenced delivering waste to the RRF. Consequently, the following Member Councils deliver waste to the RRF:

• City of Wanneroo

• City of Joondalup

• Town of Cambridge

• Town of Victoria Park

• Town of Vincent Under current arrangements, both the City of Perth and the City of Stirling are not delivering waste to the RRF. Should the MRC be requested to deliver additional tonnes, above and beyond what is available from the existing Member Councils delivering to the RRF, the City of Perth and the City of Stirling may be required to commence deliveries. An issue that arose following the Town of Vincent commencing deliveries was that the Received Hall is not designed to accept “rear lift” type vehicles. The Town of Vincent operates two of this type of vehicle. BioVision/SITA opted not to receive waste from these two vehicles; hence, a portion of the Town of Vincent's Processable waste is still being delivered to Tamala Park. The problem with the rear lift type vehicles is that they are unable to reverse back far enough in order to tip into the Receival Hall pit. The only option available is for these vehicles to tip the waste on the floor next to the pit. SITA then is required to push the waste into the pit. In addition to the double handling, this activity dirties the tipping floor on which all of the waste delivery vehicles drive: consequently, getting waste on the vehicle tyres and tracking waste on the exit road. The MRC is in discussion with BioVision to resolve the tipping issues associated with rear lift type vehicles. In accordance with the RRFA, the facility is required to accept this type of vehicle. Should the City of Perth be required to deliver waste to the RRF, this issue becomes even more critical as all of the City of Perth waste delivery vehicles are rear lift type vehicles.

ITEM 8.2.2



Page 68

Graph No. 1 provides detail of the Actual Tonnage of waste delivered in comparison to Scheduled Tonnage. Graph No. 1 – Actual vs. Scheduled Tonnage

Monthly Waste Delivery

-

1,000

2,000

3,000

4,000

5,000

6,000

7,000

8,000

9,000

10,000

Sep-09 Oct-09 Nov-09 Dec-09 Jan-10 Feb-10

Months

Tonn

age

Scheduled TonnesActual Tonnes

For the month of February 2010 the RRF received 48 tonnes more waste them scheduled (100.6% Availability). Graph No. 2 – Monthly Availability

Monthly Availability

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

110%


Months

Avai

labi

lity

Availability

ITEM 8.2.2



Page 69

Graph No. 3 – Monthly Cost/tonne Delivered (incl. Compost Cost)

Monthly Cost/Tonne Delivered (incl. Compost Cost)

$0.00

$50.00

$100.00

$150.00

$200.00

$250.00

$300.00

$350.00

$400.00


Months

Cost

/Ton

ne D

eliv

ered

Cost/Tonne Delivered

This Graph has been amended since the previous reporting period to include the Compost Cost this is a relatively minor cost in comparison to the overall gate fee; however, this graft now reflects the true gate fee that is paid to BioVision. As can be seen, the cost/tonne for the month of February has returned to normal ($146.51, Compost Cost component for this invoice $0.04). This is a function of achieving greater than 92% Availability for the month. Graph No. 4 – Waste Diversion from Landfill

Waste Diversion From Landfill

-

1,000.00

2,000.00

3,000.00

4,000.00

5,000.00

6,000.00


Months

Tonn

age

of W

aste

Div

erte

d

Waste Diversion

ITEM 8.2.2



Page 70

Key Performance Indicators KPI’s as per the RRFA are as follows: Table No. 1 – KPI Summary KPI Target Previous

6 Months Dec Jan Feb

Availability 95%* 38.7% 0.0% 24.7% 100.6% Environmental Standard - Number of Breaches

0 0 0 0 0

Waste Diversion 71.4% 51.0% 0 78.7% 66.9% Quality of Compost - Number of Breaches

0 13 1 0 0

Quantity of Recyclable Packaging 0.8% 0.87% 0% 0.72% 1.02% Health and Safety - Number of LTI’s

0 0 0 0 0

Community Acceptance - Number of Complaints **

0 0 0 0 6

Project Culture - PAG Chairperson Score

100 100 100 100 100

* The Target Availability during the Initial Operating Period is to achieve and Availability of greater than 95% over a six-month period. ** Numerous complaints relating to a single event are treated as a single complaint. In accordance with the RRFA, during the first Contract Year, the KPI’s relating to waste type (Waste Diversion, Quality of Compost, and Quantity of Recyclable Packaging) are able to be adjusted so far as the variability in the quality impacts a particular KPI. Consequently; there will be no fee abatement for failure to achieve the related KPI’s for the first year of operation, until waste variability has been finalised. Waste Diversion Waste diversion can only be truly assessed once the facility has been operated in a steady state for a few months. The facility has yet to reach this level of reliability due to the operational issues being experienced over the past few months. It is anticipated that once the composters have been repaired, the facility will rapidly achieve a steady state of operation allowing the waste diversion KPI to be more accurately assessed. The actual waste diversion achieved during January and February (78.7% and 66.9%) is above the long-term average of 55.5%. This is due to the lag between delivery of waste and the time it takes for the process to generate residue. This lag is only evident when the facility starts up from an empty, starting point. Within two months of start up it would be anticipated that the facility would be operating at steady state and hence the residue generation lag will not impact monthly waste diversion. BioVision has written to the MRC requesting a revision to the Waste Diversion Target (contractual entitlement within the first year) from the current 71.4% down to 58%. The BioVision assessment is based on the period of operation from 16 July 2009 (commencement of the contract) through to 31 December 2009. This is a period in isolation as by 31 December 2009 all compost had been processed and the maturation floor was empty. This allowed BioVision to make an accurate assessment of the quantity of waste delivered, quantity of residue produced and quantity of compost produced. The outcome of this assessment was that the

ITEM 8.2.2



Page 71

facility achieved a 55.51% Waste Diversion; however, BioVision is proposing a revised Waste Diversion Target of 58% to take into account seasonal variation in the organic content of the incoming waste stream. The Waste Diversion actually achieved is primarily a function of the quantity of processable organic material within the incoming waste stream. To a lesser degree, it is also a function of efficiency of operation. The MRC has responded to the BioVision request covering the following aspects:

• Although it has been agreed that the Waste Diversion Target can be revised within the first Contact Year, due to the composter cracks having a significant impact on facility production, the first Contract Year would not be representative of a full year of production. The MRC has recommended that the assessment of the Waste Diversion Target be undertaken during the first two Contract Years

• The MRC has proposed an intermediate, revised Waste Diversion Target of 63.5% (average of 71.4% and 55.5%)

• The final revised Waste Diversion Target can only be assessed after 12 months of continuous facility operation

• A detailed specification of how the Waste Diversion Target is to be assessed needs to be agreed between both parties

• Should the Waste Diversion Target be reduced significantly, this would indicate that there is significantly less processable organic material in the incoming waste stream (and conversely significantly more non processable material). The consequence of this on the facility operation needs to be recognised. These could potentially include:

- Increased capacity within the maturation floor to receive more organics (increased throughput)

- Increased percentage of metal in the incoming waste stream (additional revenue)

- Increase to wear and tear (additional maintenance costs) Once a revised Waste Diversion Target has been agreed between both parties the relevant KPI’s will be adjusted accordingly. The issue of whether the gate fee will be changed as a consequence of a change to the Waste Diversion Target is yet to be finalised with BioVision. This is an issue that is currently being discussed between the parties including obtaining relevant legal advice. Any change to the gate fee will require Council approval. The outcome of the Waste Diversion Target assessment will provide the MRC with accurate information regards to the percentage of processable organic material within the waste stream. Future waste education strategies and potentially waste collection methodologies need to be considered in order to optimise the efficiency of the RRF.

ITEM 8.2.2



Page 72

Compost Quality For the Contract Year up to 28 February 2010 there has been 6,520 tonnes of compost produced. During February compost production recommenced (following composter crack stoppage) with a total of 27 tonnes being moved off site during the month. To date compost has been delivered to the following locations:

• Turf farms

• Olive farms

• Custom Compost facilities north and south of Neerabup for blending, storage blending and then distribution to customers

Comment on compost contamination Within the RRFA there is a maximum lead level of 250mg/kg. 22 tests have been carried out on the compost, of these, 13 tests have lead levels above the stipulated 250mg/kg. The maximum test result has been 380mg/kg. The majority of the contamination has occurred in the earlier tests carried out. In the last nine tests (14/10/9 to 14/12/9) only two of the test results have produced a lead level of greater than 250mg/kg. Due to the reduced Availability as a result of the composter cracks, the facility was not running at design capacity during this period. Once the composter cracks have been repaired and the facility is back up to full production, the lead contamination trend can be confirmed. Within the Australian Standard (AS 4454) the maximum lead level is 420mg/kg for C2 restricted use compost. Although the lead levels are above the RRFA maximum levels, all tests have been below the C2 (restricted use) maximum level and hence still able to be used for certain applications. The elevated lead levels are a function of the incoming waste stream. The MRC needs to concentrate on community education to remove electronic waste, batteries etc from the waste stream. Further effort will be required to identify what components of the waste stream are contributing to the heavy metals in the compost. No new compost test results have been received during the reporting period. This is as a result of the lack of production of compost due to recent composter cracks and the fact that it takes a minimum of two weeks for the tests to be completed and results received. Quantity of Recyclables The quantity of metals recycled to date has reached 0.91% of total tonnes processed. This is above to the target of 0.8%. Air Quality The City of Wanneroo waste delivery truck drivers have raised concern with regards to the quality of the air (odour and dust) within the receival hall. SITA appointed Coffey Environmental to undertake air quality monitoring within the receival hall. Monitoring and reporting was finalised in December 2009, with the report being provided to the MRC in early January 2010. The outcome of the Coffey Environmental monitoring report clearly stated that there were no exposure concerns to the waste delivery truck drivers.

ITEM 8.2.2



Page 73

A copy of the report was provided to the City of Wanneroo. The City of Wanneroo have advised the MRC that the waste delivery truck drivers are satisfied with the outcome of the monitoring report; however, acknowledge that the report was done during a period of reduced waste delivery and that once the facility was back to full production the drivers would monitor the odour level within the receival hall. On 14 January the City of Wanneroo drivers recommenced waste delivery to the RRF. However on 1 February the drivers again complained about the air quality in the delivery hall and stopped delivering waste to the RRF. City of Wanneroo Manager Waste Operations and despatch supervisor visited site and determined that there was no problem with the air quality and following an internal meeting with the drivers, waste delivery was resumed on 2 February. Following discussions with the TWG, the MRC Administration is investigating the installation of continuous air quality monitoring equipment within the delivery hall. Activities undertaken to date include:

• Discussions with SITA about:

- Further Receival Hall air quality monitoring to be undertaken by SITA

- The potential for the MRC to undertake additional air quality monitoring

- The consequence of the MRC undertaking additional air quality monitoring

• Issue raised at the PAG meeting (3/3/10), as the MRC would require PAG approval to enter the BioVision Lease area to undertake additional air quality monitoring

• Outcome from the PAG meeting:

- MRC to further investigate what Atlas and the Water Corporation are doing with regards to air quality monitoring

- Report back to the next PAG meeting (7/4/10) prior to undertaking any activities on site

The City of Wanneroo has nominated Paul Winton (Business Manager Waste Operations) as the contact person for dealing with the driver concerns. This remains an ongoing matter that is under investigation. Community Complaints During the reporting period there have been a number of community complaints, these include:

• Three complaints received 1 March 2010 from the golf course, SITA immediately visited the golf course, discussed the issue with the course manager and various people on the golf course in the vicinity of where the complaint was received. No source of odour detected. Wind direction northerly (not in the direction of the RRF). Consequently, odour complaint not associated with RRF

ITEM 8.2.2



Page 74

• The Mr Tull (neighbouring caretaker) and Mr Trandos have raised odour concerns in early February. SITA and Mr Trandos investigated the source of odour and determined that it was coming from the biofilters. The SITA explanation was that the biofilters take a number of weeks to regenerate following a period of inactivity and that the odour would improve over a short period of time

• Mr Tull also raised a concern about an event of excessive noise on site at 4.00 AM. This was during a time of extended operating hours when the facility was being operated 16 hours per day. Procedures were put in place to prevent a similar occurrence. The facility has subsequently returned to normal practice of operating 12 hours per day

Project Advisory Group MRC Representatives: BioVision Representatives: Cr Laura Gray Emmanuel Vivant Kevin Poynton (CEO) Marco Fontana Giusti Eddy Albrecht (City of Stirling) Nial Stock

MRC Alternates: BioVision Alternates: Cr Dot Newton Casimiro da Fonseca Kalwant Dhillon Craig Barker Chris Colyer (Town of Cambridge) Kevin Wilson At the February 2010 Ordinary Council Meeting, Cr Dot Newton was nominated as the alternate Elected Member on the PAG. The PAG recently met on 3 March 2010. Items dealt with by the group include:

• Composter Structural Issues

• Waste Diversion Target

• Odour Complaints

• BioVision Monthly Report/Update

• Waste Residue Options

• Receival Hall air quality monitoring – City of Wanneroo Driver Concerns

• Power supply - Wanneroo grid connection

• Facility operating licence renewal MRC Infrastructure Development Visitors Centre Following the completion of building works, the Visitors Centre is ready for the internal fit-out. Concepts are being developed for the display of educational material within the building. Weighbridge The automated weighbridge has been functioning since the commencement of commissioning (21 April 2009).

ITEM 8.2.2



Page 75

As previously reported, there have been reliability problems with the unmanned weighbridge. At the OCM held on 25 February 2010, the MRC midyear budget review was approved by Council. This included approval for an improved wireless communications system between the RRF and Tamala Park. The installation of the new system is being actively progressed. Landscaping The majority of the landscaping on site has been completed involving the planting of native shrubs and trees within the MRC area and along the road frontage. Native species have been selected to blend in with the Bush Forever area to the east of the site. Infill planting to replace those shrubs and trees that have not survived the summer period will occur during winter 2010. In addition, the trial plots developed adjacent to the Visitors Centre will contain trials using RRF compost in different quantities to grow a range of plants as a demonstration of the benefit of using compost. Community Engagement The MRC community engagement program continues to be managed via the Community Engagement and Advisory Group (CEAG). The group last met on 10 February 2010 at the Joondalup Resort. Issues discussed at the meeting included:

• Project update

• Complaints Management

• City of Wanneroo truck driver concerns about odour in the Receival Hall

• Waste Education update

• Draft Waste Strategy

• RRF Stage 2 Development CEAG Role and Function Statement Following commissioning of the RRF, the CEAG felt it was timely to review its terms of reference and also to review terms of reference for the position of Chair. The review process has been undertaken over several meetings and all members have signed off on the revisions. Elements that the group felt should be included in the revised documentation were:

• Provision for regular reviews of the Role and Function Statement

• A statement about duration of appointment. The group felt that members should not be restricted to a specific duration but should stay on until they choose to resign

• A statement about the MRC’s responsibility to the group

• Development of a consolidated document which includes the CEAG roles and functions, the Chair’s role and functions, and the MRC’s responsibility and commitment

ITEM 8.2.2



Page 76

The amended Role and Function Statement is at Attachment 1 to this Item and is presented to Council for endorsement. CEAG Community Partnership Agreement – Review of Performance BioVision reports against KPIs monthly and it is intended that the monthly report will be placed on the website, and that a report to the community will be issued quarterly. In addition to reporting on the KPIs, CEAG and the community are interested in adherence to the Community Partnership Agreement (CPA). Practical Completion on 16 July 2009 presented a significant milestone for the project, and was an appropriate point at which to review adherence to the CPA. This review was undertaken by CEAG over the course of several meetings. The review looked at the 20 outcomes of the CPA, and specifically looked at the actions taken in relation to each outcome. It identified which actions had been completed, which were ongoing and which still required attention. CEAG confirmed that the actions completed by the time of Practical Completion were in accordance with the CPA. The CPA Performance Review Report is at Attachment 2 to this Item and is presented to Council for endorsement. The highlighted sections in the report are the activities that have been dealt with and completed in relation to the tender and/or construction phase rather than ongoing operation. Following Council endorsement, the CPA review will be placed of the MRC website and reported to the community. The MRC, in conjunction with CEAG, is in the process of developing a format for how this information will be reported to the community. RRF Agreement (RRFA) The RRFA is the contract that exists between the MRC and BioVision and besides typical contractual requirements, covers aspects relating to:

• Obligations of both the MRC and the contractor

• The Project Advisory Group

• Development security and performance guarantees

• Project agreements and lease

• Pre-Construction activities

• Construction activities

• Initial Operating Period (2 years)

• Operation and Maintenance

• Delivery and Treatment of Processable Waste

• Products and Residue

• Compost Marketing and Sales

• Variations and agreed variations

• Charges for performance of service

ITEM 8.2.2



Page 77

• Monitoring and records

• Financing

• Gate fee model

• Limits and Liabilities

• Insurance

• Default

• Force Majeure

• MRC Steps in rights

• Future Stages

• Miscellaneous provisions Copies of the RRFA are available if so required by Councillors. RRF Stage 2 Development With regards to the future development of Stage 2 RRF, the MRC is waiting on the following:

• State Waste Strategy

• Hyder Integrated Regional Plan

• City of Stirling response to MRC questions:

- Will the Atlas contract terminating 2013?

- Will the City remain with a single bin system will go to a two bin system?

• Available processable waste quantities

• Outcome of the single fee versus multiple fee model discussions The MRC will reassess the program for the development of RRF Stage 2 prior to the July OCM. CONSULTATION Consultation during the period has occurred with the following groups:

• Freehills

• Woodhouse Legal

• BioVision2020

• SITA

• Member Councils

STATUTORY ENVIRONMENT Nil

ITEM 8.2.2



Page 78

POLICY IMPLICATIONS Nil STRATEGIC IMPLICATIONS The development and operation of resource recovery in the region is consistent with the following Principals described in Strategic Plan 2009 – 2029:

• Community Focus

• Innovation

• Partnership

• Leadership In particular, Stage 1 RRF conforms with Objective 1 – Waste Management to maximise resource recovery and minimise waste to landfill in order to minimize environmental impact. FINANCIAL IMPLICATIONS Composter Cracks As a result of the short term repairs having been completed, the facility is currently being operated at greater than 92% Availability; consequently, the MRC is only paying for tonnage that is being processed. During the month of February there were an additional 48 tonnes of waste processed above what was scheduled for the month. For these 48 tonnes, the MRC only paid the Fixed Operating Cost and the Variable Operating Cost (not to the Capital Cost). Composter Crack Insurance Claim The MRC has formally submitted a notification to the project insurers of its intention to submit an insurance claim as a result of the Forced Outage. Discussions are being held with both BioVision and Freehills to assess options open to the MRC with regards to potential insurance claims as a result of the cracked composters. Operational Expenditure The Project Operational Summary below sets out the 2009/10 facility operating budget against which operational costs are tracked throughout the year. Project Operational Costs Summary for 2009/10 Financial Year – As at 18 March 2010 Item Budget Proposed

Revised Budget

Expenditure (to 18/3/10)

% Spent (of Budget)

Capital Expenses

2008/2009 Carryover $ 829,000 $ 885,000 $ 679,613 76.8% Total Capital Expenditure $ 829,000 $ 885,000 $ 679,613 76.8%

ITEM 8.2.2



Page 79

Operating Expenses

Consultancy Specialist Project Consultants

$ 120,000 $ 175,000 $ 111,750 63.9%

Project/Contract Management

$ 80,000 $ 90,000 $ 72,730 80.8%

Temporary Staff $ 10,000 $ 45,000 $ 30,000 66.7% Sub-total $ 210,000 $ 310,000 $ 214,480 69.2% Facility Operations Building Maintenance $ 10,000 $ 5,000 $ - 0.0% Building Cleaning $ 5,000 $ 2,500 $ - 0.0% Building Security $ 20,000 $ 10,000 $ - 0.0% Fencing and Gate Maintenance

$ 5,000 $ 2,500 $ 28 1.1%

Road Maintenance $ 5,000 $ 2,500 $ 321 12.8% Bore and Pipework Maintenance

$ 5,000 $ 5,000 $ - 0.0%

Environmental Monitoring $ 20,000 $ 60,000 $ - 0.0%

Community Monitoring Program

$ 45,000 $ 45,000 $ 29,133 64.7%

Landscape and Gardens $ 30,000 $ 40,000 $ 31,199 78.0% MRC Admin Charge $ 100,000 $ 100,000 $ 74,997 75.0% Utilities $ 10,000 $ 5,000 $ - 0.0% Council Rates $ 27,000 $ 13,000 $ 12,862 98.9% Compost Disposal $ 545,000 $ 320,000 $ 78,399 24.5% RRF Gate Fees $14,600,000 $12,600,000 $ 6,646,914 52.8% Sub-Total $15,427,000 $13,210,500 $ 6,873,853 52.0% Total Operating Expenses $15,637,000 $13,520,500 $ 7,767,946 57.5%

MRC OFFICER RECOMMENDATION That Council:

(i) Note the RRF update report

(ii) Endorsed the revised CEAG Terms of Reference (at Attachment 1 to this Item)

(iii) Endorse the CPA Reviewed Report (at Attachment 2 to this Item) TECHNICAL WORKING GROUP – 1 APRIL 2010 The group discussed the following:

• Shortening the Item in future to remove historical information

• City of Stirling participation in the RRF

ITEM 8.2.2



Page 80

• Waste Diversion Target (WDT):

- Mechanisms for calculating the actual WDT

- Requirement to stick with the RRFA and not change from the RRFA

- Logic of why the WDT was higher in January and February

• Compost testing

• Air quality in the Receival Hall TWG OFFICERS RECOMMENDATION That Council:

(i) Note the RRF update report (ii) Endorsed the revised CEAG Terms of Reference (at Attachment 1 to this

Item) (iii) Endorse the CPA Reviewed Report (at Attachment 2 to this Item)



Page 81

ATTACHMENT ONE

TO ITEM 2


1 APRIL 2010

CEAG ROLES AND FUNCTIONS STATEMENT



Page 82

1

Review Draft 3 Date: October 14 2009


COMMUNITY ENGAGEMENT ADVISORY GROUP ROLE AND FUNCTION STATEMENT

Origin The Mindarie Regional Council Community Engagement Advisory Group was established in March 2003. It has 9 members, comprising 4 general community members from across the whole MRC region including specialists in environmental/conservation issues, 4 community members from the local community where the Resource Recovery Facility is sited, and a Chairperson. It will exist for the operating life of the Resource Recovery Facility, or until it believes its role is no longer required. Purpose This group has a regional and local focus, broadly providing a monitoring and community feedback role, which helps the MRC identify community views and values on aspects of Resource Recovery projects. Specific roles include:

• To provide advice to the Secondary Waste Treatment Facility Working group on the community

engagement process; • To be a forum where issues related to the project and/or community engagement process can be

brought forward for discussion; • To be a vehicle through which people can submit comments in relation to the project and the

community engagement process; • To identify interests and individuals whose views should be brought into this process; • To help to ensure that the needs of the region are being addressed along with the needs of the local

community where the facility is sited; • To become advocates for the community engagement process, and a well-informed source of

information on what’s happening; and • To monitor operator adherence to the Community Partnership Agreement. Accountability The Community Engagement Advisory Group is an independent group that provides its views to the Secondary Waste Treatment Facility Working Group, through the attendance of the Chair (or nominee) at Secondary Waste Treatment Facility Working Group meetings, or through reports from the MRC’s RRF Project Manager. CEAG liaises with the MRC’s RRF Project Manager, and with the RRF operator, and may recommend that the MRC follow-up on specific issues brought to CEAG by the community. Deliberations of the Community Engagement Advisory Group will be reported to the community, through its members and through the Mindarie Regional Council website. Responsibilities The Community Engagement Advisory Group will combine regional and local perspectives in its deliberations in relation to Resource Recovery projects. The Group will have the following responsibilities: 1. Identify and discuss regional and local impacts and issues of resource recovery projects. 2. Act as a vehicle for public comment in relation to Resource Recovery projects, and/or in relation to the

community consultation process. Assess the relevance and importance of matters raised through this channel, and decide whether the matter should be referred to the MRC for information, follow-up and/or action. This may include recommending that the MRC follow up on specific issues that have been brought to the attention of the Community Engagement Advisory Group.

3. Monitor community feedback and identify issues for action and/or discussion. 4. Provide its views regularly to the Secondary Waste Treatment Facility Working Group, to help the

SWTF Working Group assess overall progress on a project’s community engagement process. 5. Monitor operator performance on the CPA, the reporting of results to the community, and fulfil

CEAG’s role as specified in the CPA.

Community Engagement Advisory Group Role and Function Statement – 23/01/2003 D/05/2124



Page 83

2

6. Support communication links with the community, in particular with local residents and residents associations.

7. Identify opportunities for improved communication at local and regional levels. 8. Identify and facilitate education of the community regarding waste management issues. Term of appointment and replacement of members CEAG members are not appointed for a specific term. Their involvement continues until they choose to resign or until they are asked to leave by CEAG. The process for filling a vacancy is: • The MRC will advertise the vacancy through local newspapers across the region, the MRC website, and

other relevant means. • Applicants download and complete an application form. • All applicants are interviewed by phone. • Applicant details are discussed at CEAG and the group itself determines the successful nominee.

CEAG membership is not a paid position. The MRC reimburses expenses for travel to and from meetings. The MRC’s commitment to CEAG In establishing this group the MRC commits to listening to the views of CEAG and to using CEAG’s comments and advice as a source of input in decision-making. In doing this, the MRC commits to: • Keeping CEAG informed about project status and performance; • Providing feedback to CEAG about the ways in which its input has been used in project decision-making; • Upholding the CPA and its objectives and outcomes; • Regular review of CEAG and MRC performance; and • Continuing to provide opportunities for CEAG members to expand their knowledge about waste

management and waste issues. ROLE AND FUNCTION STATEMENT OF CEAG CHAIRPERSON Role The role of the chairperson is to facilitate meetings to ensure the views of all of the members of the group are represented. The chairperson will be independent and he/she will be able to chair meetings, instigate discussion within the group and represent the group with impartiality. Accountability The chairperson or nominated person will represent CEAG at a public level and at Mindarie Regional Council (MRC) meetings, including the regular meeting of the Secondary Waste Treatment Facility (SWTF) Working Group. Responsibilities • Provide input, along with other CEAG members, to meeting agenda preparation • Chair the meetings of CEAG, undertaking at least the following:

o allow everyone to speak at meetings o Listen, without imposing own view on proceedings or decisions o Ensure all views are represented o Bring discussion to a conclusion, outcome or action

• Act as spokesperson for the CEAG • Attend MRC SWTF WG, Council and other meetings as necessary • Liaise with MRC representatives, including project team members, on specific issues raised

by CEAG




Page 84

3

Governance This position of Chairperson is an ongoing appointment by the SWTF Working Group, and removal from the role, should that become necessary, is by way of majority representation of the CEAG to the Chairman of the SWTF Working Group. In the event of any dispute arising from this appointment, CEAG has the right of appeal to the MRC. Review This document will be formally reviewed every two to three years or as necessary. This document has been reviewed and amended on this date. _______________________ 2009




Page 85

ATTACHMENT TWO

TO ITEM 2


1 APRIL 2010

CEAG COMMUNITY PARTNERSHIP AGREEMENT REVIEW REPORT



Page 86

MIN

DA

RIE

REG

ION

AL

CO

UN

CIL

NEE

RA

BU

P R

ESO

UR

CE

REC

OVE

RY

FAC

ILIT

Y C

OM

MU

NIT

Y PA

RTN

ERSH

IP A

GR

EEM

ENT

R

EPO

RT

ON

CPA

AD

HER

AN

CE

AT

TIM

E O

F PR

AC

TIC

AL

CO

MPL

ETIO

N

The

Com

mun

ity P

artn

ersh

ip A

gree

men

t rep

rese

nts

a co

mm

itmen

t by

the

MR

C to

wor

k w

ith th

e co

mm

unity

to e

nsur

e its

issu

es a

nd c

once

rns

are

unde

rsto

od a

nd a

cted

upo

n. T

he C

omm

unity

Par

tner

ship

Agr

eem

ent i

s a

sum

mar

y do

cum

ent t

hat i

dent

ifies

soc

ial i

ssue

s as

soci

ated

with

th

e N

eera

bup

Res

ourc

e R

ecov

ery

Pro

ject

, an

d id

entif

ies

the

agre

ed o

utco

mes

and

impa

cts

of t

he p

roje

ct r

elat

ive

to t

he s

ocia

l iss

ues.

The

sp

ecifi

ed o

utco

mes

and

impa

cts

then

bec

ome

perfo

rman

ce s

tand

ards

aga

inst

whi

ch th

e su

cces

s of

the

proj

ect c

an b

e m

easu

red.

Th

e C

omm

unity

Par

tner

ship

Agr

eem

ent w

as d

evel

oped

dur

ing

2003

and

ado

pted

by

the

MR

C in

Dec

embe

r 200

3 (s

ee w

ww

.mrc

.wa.

gov.

au fo

r co

py o

f C

omm

unity

Par

tner

ship

Agr

eem

ent).

As

wel

l as

influ

enci

ng t

he t

ende

r pr

oces

s, t

he C

omm

unity

Par

tner

ship

Agr

eem

ent

will

be

used

th

roug

hout

the

life

of th

e pr

ojec

t to

track

per

form

ance

sta

ndar

ds o

f the

faci

lity.

Th

e K

ey P

erfo

rman

ce I

ndic

ator

s (K

PIs

) ag

reed

to

by p

roje

ct p

artic

ipan

ts a

nd in

corp

orat

ed i

nto

the

Res

ourc

e R

ecov

ery

Faci

lity

Agr

eem

ent

(RR

FA) a

re a

s fo

llow

s:

K

PI

Targ

et

Env

ironm

enta

l Sta

ndar

d –

Num

ber o

f Bre

ache

s 0

Was

te D

iver

sion

30

%

Qua

ntity

of R

ecyc

labl

e P

acka

ging

- B

elow

Tar

get T

onne

s 0

Hea

lth a

nd S

afet

y - N

umbe

r of L

TI’s

(los

t tim

e in

jury

) 0

Com

mun

ity A

ccep

tanc

e –

Num

ber o

f Com

plai

nts

0 P

roje

ct C

ultu

re -

PA

G C

hairp

erso

n S

core

10

0

B

ioV

isio

n 20

20 P

ty L

td, t

he c

ontra

ctor

, rep

orts

aga

inst

thes

e K

PIs

mon

thly

and

its

rem

uner

atio

n is

dep

ende

nt o

n m

eetin

g th

e ag

reed

targ

ets.

It

is in

tend

ed t

hat

the

mon

thly

rep

ort

will

be

plac

ed o

n th

e w

ebsi

te,

and

that

a r

epor

t to

the

com

mun

ity w

ill b

e is

sued

qua

rterly

. In

add

ition

to

repo

rting

on

the

KP

Is, C

EA

G a

nd th

e co

mm

unity

will

be

inte

rest

ed in

adh

eren

ce to

the

CP

A a

nd th

is r

epor

t, es

sent

ially

a b

ench

mar

k re

port,

Atta

chm

ent 2

Item

2.d

oc

1



Page 87

http://www.mrc.wa.gov.au/

revi

ews

adhe

renc

e to

the

CP

A a

t the

tim

e of

Pra

ctic

al C

ompl

etio

n on

Jul

y 15

, 200

9. It

is p

ropo

sed

that

the

follo

win

g re

port

be p

oste

d on

the

MR

C w

ebsi

te, a

nd it

s av

aila

bilit

y fo

r pub

lic p

erus

al b

e pr

omot

ed in

our

nex

t mon

thly

com

mun

ity a

dver

tisem

ent.

O

bjec

tives

& O

utco

mes

in th

e C

PA

Rev

iew

of C

PA P

erfo

rman

ce a

t Pra

ctic

al C

ompl

etio

n 1.

M

aint

ain

Stro

ng

Com

mun

ity

Invo

lvem

ent

And

C

omm

unic

atio

n Th

roug

hout

The

Life

Of T

he P

roje

ct

Out

com

es:

1.

The

cont

inue

d op

erat

ion

of th

e C

omm

unity

Eng

agem

ent A

dvis

ory

Gro

up

(CE

AG

) to

ove

rsee

and

adv

ise

on th

e co

mm

unity

eng

agem

ent p

roce

ss

for t

he p

roje

ct th

roug

hout

its

life.

2.

The

mai

nten

ance

of

cl

ear

chan

nels

of

co

mm

unic

atio

n in

clud

ing

a co

mpl

aint

s m

anag

emen

t sys

tem

with

a d

efin

ed re

spon

se ti

me.

3.

Reg

ular

app

ropr

iate

com

mun

icat

ion

bulle

tins.

4.

The

faci

lity

will

be o

pen

for t

ours

and

insp

ectio

ns b

y co

mm

unity

gro

ups.

5.

Reg

ular

rep

ortin

g to

the

com

mun

ity o

n ke

y pe

rform

ance

indi

cato

rs a

fter

com

mis

sion

ing.

1.

CE

AG

con

tinue

s to

mee

t on

a re

gula

r ba

sis

(eve

ry 6

wee

ks)

to o

vers

ee

and

advi

se o

n th

e co

mm

unity

eng

agem

ent p

roce

ss fo

r the

RR

F;

2.

A c

ompl

aint

s m

anag

emen

t sy

stem

is

oper

atio

nal

thro

ugh

a ho

tline

nu

mbe

r. Th

e co

mpl

aint

s m

anag

emen

t pr

oces

s an

d th

e as

soci

ated

re

spon

se

time

is

outli

ned

in

the

Faci

lity

Man

agem

ent

Man

ual.

A

com

mun

icat

ions

pro

gram

to

keep

the

com

mun

ity i

nfor

med

abo

ut t

he

RR

F an

d its

ope

ratio

ns h

as b

een

deve

lope

d an

d is

bei

ng im

plem

ente

d.

3.

See

poi

nt 2

;

4.

The

faci

lity

is o

pen

for

tour

s an

d in

spec

tions

by

com

mun

ity g

roup

s a

nd

othe

r gr

oups

inc

ludi

ng s

choo

l ch

ildre

n, b

y pr

ior

arra

ngem

ent

with

the

M

RC

;

5.

Reg

ular

qua

rterly

rep

ortin

g to

the

com

mun

ity is

pro

pose

d, w

ith m

onth

ly

KP

I res

ults

list

ed o

n th

e w

ebsi

te a

s so

on a

s av

aila

ble.

2.

Prov

ide

An

Educ

atio

n Fa

cilit

y

Out

com

es:

1.

An

appr

opria

te r

esou

rce

reco

very

and

env

ironm

enta

l edu

catio

n fa

cilit

y w

ill b

e es

tabl

ishe

d on

site

.

2.

Reg

ular

to

urs

by

scho

ol

grou

ps

and

com

mun

ity

grou

ps

will

be

enco

urag

ed.

3.

The

MR

C t

o pr

omot

e m

inim

isat

ion

and

sepa

ratio

n of

was

te t

hrou

gh

thei

r mem

ber c

ounc

ils.

1.

The

RR

F vi

ewin

g fa

cilit

y is

alre

ady

been

use

d fo

r tou

rs. V

iew

ing

plat

form

di

spla

y m

ater

ial i

s be

ing

deve

lope

d, a

nd th

e V

isito

rs C

entre

is c

urre

ntly

un

der c

onst

ruct

ion;

2.

The

faci

lity

is o

pen

for

tour

s an

d in

spec

tions

by

com

mun

ity g

roup

s a

nd

othe

r gr

oups

inc

ludi

ng s

choo

l ch

ildre

n, b

y pr

ior

arra

ngem

ent

with

the

M

RC

3.

This

is a

n on

goin

g ed

ucat

ion

mes

sage

. Com

plem

enta

ry p

rogr

ams

such

as

the

HH

W D

ispo

sal

Day

pro

gram

, th

e E

-was

te C

olle

ctio

n w

eeke

nd,

and

Batte

ry R

ecyc

ling

Pro

gram

, und

erta

ken

on a

met

ro-w

ide

basi

s w

ith

loca

l cou

ncil

invo

lvem

ent

are

exam

ples

of

the

type

s of

pro

gram

s be

ing

unde

rtake

n.

3.

Min

imis

e W

aste

And

Incr

ease

Rec

yclin

g

Out

com

es:

1.

This

will

be

a te

nder

ass

essm

ent

cond

ition

and

it w

ill b

e ne

cess

ary

to

dem

onst

rate

the

abilit

y to

mak

e ef

fect

ive

use

of th

e m

ater

ials

pro

duce

d.

1.

This

ten

der

cond

ition

was

sat

isfie

d du

ring

the

tend

er p

roce

ss.

Was

te

Div

ersi

on a

nd Q

uant

ity o

f Rec

ycla

bles

are

KP

Is fo

r th

e R

RF

and

will

be

repo

rted

agai

nst m

onth

ly.

2.

The

esta

blis

hmen

t of

a R

esou

rce

Rec

over

y P

reci

nct

adja

cent

to

the

Atta

chm

ent 2

Item

2.d

oc

2



Page 88

2.

Sup

port

the

deve

lopm

ent o

f a R

esou

rce

Rec

over

y P

reci

nct a

roun

d th

e si

te.

RR

F is

bei

ng e

xplo

red

as a

par

t of t

he p

lann

ing

of R

RF

stag

e 2;

4.

Prod

uce

A M

arke

tabl

e Pr

oduc

t O

utco

mes

: 1.

Th

is w

ill b

e a

tend

er a

sses

smen

t co

nditi

on a

nd it

will

be

nece

ssar

y to

de

mon

stra

te th

e ab

ility

to m

ake

effe

ctiv

e us

e of

the

mat

eria

ls p

rodu

ced.

2.

Reg

ular

mon

itorin

g an

d re

porti

ng o

f per

form

ance

.

1.

This

tend

er c

ondi

tion

was

sat

isfie

d du

ring

the

tend

er p

roce

ss. B

ioV

isio

n ha

s de

velo

ped

a C

ompo

st M

arke

ting

Stra

tegy

and

is

wor

king

with

C

usto

m C

ompo

st to

bui

ld m

arke

ts fo

r th

e co

mpo

st m

ater

ials

pro

duce

d;.

Whi

le n

ot a

KP

I, th

e M

RC

ack

now

ledg

es t

hat

the

com

mun

ity w

ill be

in

tere

sted

in h

ow th

e co

mpo

st is

bei

ng u

sed.

Any

com

post

that

goe

s to

la

ndfil

l will

resu

lt in

redu

ced

paym

ent t

o B

ioV

isio

n;

2.

See

poi

nt 1

;

5.

Acc

ount

For

The

Pro

ject

Usi

ng A

Trip

le B

otto

m L

ine

O

utco

mes

: 1.

E

cono

mic

val

uatio

n an

d C

usto

mer

Par

tner

ship

Agr

eem

ent w

ith m

embe

r co

unci

ls.

2.

Env

ironm

enta

l app

rova

ls.

3.

Com

mun

ity P

artn

ersh

ip A

gree

men

t allo

ws

proj

ect t

o be

trac

ked

agai

nst

soci

al is

sues

.

4.

Key

pe

rform

ance

in

dica

tors

re

flect

ing

Trip

le

Bot

tom

Li

ne

to

be

esta

blis

hed

to m

onito

r the

ope

ratio

ns o

f the

faci

lity.

1.

The

econ

omic

im

plic

atio

ns o

f th

e R

RF

wer

e co

nsid

ered

dur

ing

the

tend

er s

elec

tion

and

cont

ract

dev

elop

men

t pro

cess

es;

2.

Bio

Vis

ion’

s En

viro

nmen

tal M

anag

emen

t S

yste

m h

as b

een

docu

men

ted

and

acce

pted

by

the

DE

C (s

ee w

ww

.mrc

.wa.

gov.

au fo

r ful

l cop

y of

EM

S

docu

men

tatio

n);

3.

Com

plia

nce

with

the

CP

A is

a c

ondi

tion

of th

e co

ntra

ct a

gree

men

t with

B

ioV

isio

n; T

his

revi

ew o

f th

e C

PA

at

the

time

of p

ract

ical

com

plet

ion

allo

ws

prog

ress

aga

inst

the

obje

ctiv

es to

be

dete

rmin

ed.

4.

KP

Is a

re o

utlin

ed a

bove

and

hav

e be

en i

ncor

pora

ted

into

the

RR

FA.

The

revi

ew o

f per

form

ance

aga

inst

the

se K

PIs

will

cont

inue

thr

ough

out

the

proj

ect l

ife;

6.

Hav

ing

An

Ethi

cal A

nd T

rust

wor

thy

Ope

rato

r O

utco

mes

: 1.

R

elat

ions

hips

sty

le c

ontra

ct.

2.

Abi

lity

of th

e co

ntra

ctor

to p

erfo

rm in

all

area

s, fo

r the

life

of t

he p

roje

ct

will

be

a ke

y te

nder

ass

essm

ent c

riter

ion.

3.

Reg

ular

mon

itorin

g of

per

form

ance

.

4.

Dev

elop

pro

cedu

res

to c

ontin

ually

impr

ove

the

proc

ess

by in

corp

orat

ing

expe

rienc

e fro

m t

he f

acilit

y an

d re

leva

nt r

esea

rch

and

tech

nolo

gy

deve

lopm

ents

.

5.

Cle

ar a

lloca

tion

of r

isks

in c

ontra

ct t

o pa

rty m

ost

able

to

man

age

the

risk.

6.

Rew

ards

w

ill be

sp

ecifi

ed

for

succ

essf

ul

com

plia

nce

with

ke

y

1.

The

rela

tions

hips

sty

le c

ontra

ct t

hat

is i

n pl

ace

is u

nder

pinn

ed b

y th

e P

roje

ct C

ultu

re w

hich

is a

KP

I and

will

be m

onito

red;

2.

This

te

nder

co

nditi

on

was

sa

tisfie

d du

ring

the

tend

er

proc

ess.

P

erfo

rman

ce o

f th

e C

ontra

ctor

aga

inst

thi

s de

sire

d ou

tcom

e w

ill b

e m

onito

red

and

mea

sure

d th

roug

hout

the

proj

ect l

ife;

3.

Reg

ular

mon

itorin

g of

per

form

ance

aga

inst

the

CP

A an

d pr

ojec

t-bas

ed

KP

I’s is

a fu

ndam

enta

l par

t of t

he c

ontra

ct.

4.

Bio

Vis

ion

has

deve

lope

d a

rang

e of

initi

ativ

es to

con

tinua

lly im

prov

e th

e R

RF

proc

ess

by in

corp

orat

ing

expe

rienc

e fro

m t

he f

acilit

y an

d re

leva

nt

rese

arch

and

tech

nolo

gy d

evel

opm

ents

into

the

met

hod

of o

pera

ting

the

RR

F.

Th

ese

initi

ativ

es

incl

ude

the

cons

ciou

s de

velo

pmen

t of

a

Con

tinuo

us I

mpr

ovem

ent

cultu

re a

nd t

he e

stab

lishm

ent

of C

ontin

uous

Im

prov

emen

t ob

ject

ives

, bo

th u

nder

pinn

ed b

y a

rang

e of

Con

tinuo

us

Atta

chm

ent 2

Item

2.d

oc

3



Page 89


perfo

rman

ce in

dica

tors

. Im

prov

emen

t pro

cedu

res;

5.

This

con

ditio

n is

refle

cted

in th

e R

RFA

con

tract

;

6.

The

KP

Is

form

th

e ba

sis

for

mon

itorin

g an

d m

easu

ring

RR

F pe

rform

ance

.

Rem

uner

atio

n of

th

e C

ontra

ctor

is

ba

sed

upon

pe

rform

ance

aga

inst

thes

e K

PI’s

.

7.

Hav

ing

Rig

orou

s Q

ualit

y C

ontr

ol A

nd P

lant

Rel

iabi

lity

Out

com

es:

1.

A p

rove

n hi

stor

y fo

r the

type

of f

acilit

y an

d eq

uipm

ent p

ropo

sed.

2.

A k

ey te

nder

ass

essm

ent c

riter

ion.

3.

App

rove

d pr

oces

s co

ntro

l and

mon

itorin

g sy

stem

.

4.

Dev

elop

pro

cedu

res

to c

ontin

ually

impr

ove

the

proc

ess

by in

corp

orat

ing

expe

rienc

e fro

m t

he f

acilit

y an

d re

leva

nt r

esea

rch

and

tech

nolo

gy

deve

lopm

ents

.

5.

The

tend

er w

ill sp

ecify

crit

eria

that

the

cont

ract

or m

ust m

eet.

6.

Con

tract

or s

hall

have

rele

vant

Qua

lity

Assu

ranc

e sy

stem

s, s

uch

as IS

O

9001

and

ISO

140

01 in

pla

ce.

7.

All

sect

ions

of t

he fa

cilit

y w

ill be

fully

enc

lose

d in

clud

ing

the

recy

clab

le

sepa

ratio

n an

d st

orag

e ar

eas.

1.

The

MR

C

cond

ucte

d a

rigor

ous

tech

nolo

gy

revi

ew

and

sele

ctio

n pr

oces

s, to

ens

ure

that

the

plan

t spe

cifie

d ha

d a

prov

en h

isto

ry fo

r th

e ty

pe o

f fa

cilit

y an

d eq

uipm

ent

prop

osed

. S

imila

r fa

cilit

ies

oper

ate

succ

essf

ully

in N

orth

Am

eric

a;

2.

This

ten

der

cond

ition

was

sat

isfie

d du

ring

the

tend

er p

roce

ss.

Qua

lity

cont

rol

and

plan

t re

liabi

lity

outc

omes

wer

e ke

y te

nder

ass

essm

ent

crite

ria;

3.

A s

igni

fican

t pa

rt of

the

env

ironm

enta

l app

rova

ls p

roce

ss i

nvol

ved

the

deve

lopm

ent

of a

n E

nviro

nmen

tal

Man

agem

ent

Syst

em (

EM

S).

The

E

MS

spe

cifie

s a

rang

e of

pro

cess

con

trol a

nd m

onito

ring

syst

ems

and

has

been

acc

epte

d by

the

DE

C (s

ee w

ww

.mrc

.wa.

gov.

au fo

r ful

l cop

y of

E

MS

doc

umen

tatio

n);

4.

See

poi

nt 4

in O

bjec

tive

6 ab

ove;

5.

The

tend

er p

roce

ss s

peci

fied

a ra

nge

of c

riter

ia th

at th

e co

ntra

ctor

mus

t m

eet t

o sa

tisfy

the

sele

ctio

n pr

oces

s.

Subs

eque

ntly

, a s

elec

tion

of K

ey

Per

form

ance

Ind

icat

ors

has

been

ens

hrin

ed in

the

Res

ourc

e R

ecov

ery

Faci

lity

Agr

eem

ent

(RR

FA)

and

perfo

rman

ce a

gain

st t

hese

KP

Is i

s m

easu

red

mon

thly

. R

emun

erat

ion

of t

he C

ontra

ctor

is

base

d up

on

perfo

rman

ce a

gain

st th

ese

KP

Is.

6.

Bio

Vis

ion

has

the

rele

vant

Qua

lity

Ass

uran

ce s

yste

ms

in p

lace

;

7.

All

sect

ions

of

the

faci

lity

are

fully

enc

lose

d, i

nclu

ding

the

rec

ycla

ble

sepa

ratio

n an

d st

orag

e ar

eas.

8.

Hav

e Tr

ansp

aren

t A

nd O

pen

Mon

itorin

g O

f A

ll Is

sues

Ava

ilabl

e To

Th

e C

omm

unity

O

utco

mes

: 1.

R

egul

ar p

ublic

repo

rting

of m

onito

ring

resu

lts.

2.

An

inde

pend

ent

body

to

verif

y th

e m

onito

ring

resu

lts p

rovi

ded

for

the

1.

Rep

ortin

g to

the

com

mun

ity o

n R

RF

and

cont

ract

or p

erfo

rman

ce w

ill oc

cur

regu

larly

, m

onth

ly v

ia t

he w

ebsi

te a

nd q

uarte

rly t

hrou

gh m

ore

pro-

activ

e m

eans

;

2.

Bio

Vis

ion

is re

quire

d to

con

duct

a re

gula

r mon

itorin

g pr

ogra

m, a

s pa

rt of

th

e D

EC

Lic

ence

con

ditio

ns.

Bio

Vis

ion

is r

equi

red

to p

rovi

de t

he D

EC

w

ith a

cop

y of

all

odou

r co

mpl

aint

dat

a on

a q

uarte

rly b

asis

, as

wel

l as

Atta

chm

ent 2

Item

2.d

oc

4



Page 90


faci

lity.

3.

The

Com

mun

ity E

ngag

emen

t Adv

isor

y G

roup

to m

eet d

irect

ly w

ith p

lant

m

anag

er.

4.

Key

per

form

ance

indi

cato

rs t

o be

est

ablis

hed

to m

onito

r th

e op

erat

ion

of th

e fa

cilit

y.

the

annu

al M

onito

ring

Rep

orts

and

an

annu

al A

udit

Com

plia

nce

repo

rt;

(wha

t are

we

doin

g ab

out i

ndep

ende

nt v

erifi

catio

n?)

3.

The

SIT

A pr

ojec

t m

anag

er a

nd p

lant

man

ager

hav

e at

tend

ed C

EA

G

mee

tings

on

a re

gula

r bas

is s

ince

thei

r app

oint

men

t as

cont

ract

ors;

and

th

is le

vel o

f con

tact

will

cont

inue

;

4.

See

KP

Is li

sted

abo

ve.

9.

Ensu

re T

hrou

gh M

onito

ring

All

Emis

sion

s A

re B

elow

Acc

epta

ble

Leve

ls

Out

com

es:

1.

A k

ey te

nder

ass

essm

ent c

riter

ion.

2.

A p

rove

n hi

stor

y fo

r th

e ty

pe o

f fa

cilit

y an

d eq

uipm

ent

prop

osed

usi

ng

best

pra

ctic

e su

ch a

s ne

gativ

e ai

r pre

ssur

e od

our c

ontro

l sys

tem

.

3.

Dem

onst

rate

d ab

ility

to m

eet e

nviro

nmen

tal a

sses

smen

t, ap

prov

al a

nd

licen

sing

con

ditio

ns.

4.

App

rove

d pr

oces

s co

ntro

l and

mon

itorin

g sy

stem

.

5.

Dev

elop

pro

cedu

res

to c

ontin

ually

impr

ove

the

proc

ess

by in

corp

orat

ing

expe

rienc

e fro

m t

he f

acilit

y an

d re

leva

nt r

esea

rch

and

tech

nolo

gy

deve

lopm

ents

.

6.

Mon

itor t

he c

ondi

tion

of th

e bu

ildin

g, p

artic

ular

ly th

e co

ncre

te s

lab.

1.

This

tend

er c

ondi

tion

was

sat

isfie

d du

ring

the

tend

er p

roce

ss;

2.

MR

C s

elec

ted

Bio

Vis

ion

base

d up

on a

ran

ge o

f cr

iteria

, in

clud

ing

thei

r sp

ecify

ing

a pl

ant

with

a p

rove

n hi

stor

y fo

r th

e ty

pe o

f fa

cilit

y an

d eq

uipm

ent

usin

g be

st

prac

tice

odou

r co

ntro

l sy

stem

s.

B

ioV

isio

n su

bseq

uent

ly e

ngag

ed T

he O

dour

Uni

t (T

OU

) to

rev

iew

the

fac

ility

de

sign

and

ado

pted

a r

ange

of

reco

mm

enda

tions

mad

e by

TO

U t

o en

hanc

e th

e ef

fect

iven

ess

of th

e od

our m

anag

emen

t sys

tem

;

3.

Bio

Vis

ion

has

dem

onst

rate

d th

eir

abilit

y to

m

eet

envi

ronm

enta

l as

sess

men

t, ap

prov

al

and

licen

sing

co

nditi

ons

thro

ugh

havi

ng

succ

essf

ully

met

the

env

ironm

enta

l an

d lic

ensi

ng r

equi

rem

ents

of

the

DE

C;

4.

Bio

Vis

ion’

s pr

oces

s co

ntro

l an

d m

onito

ring

syst

ems

have

be

en

inco

rpor

ated

into

the

EM

S.

The

EM

S h

as b

een

subj

ecte

d to

com

mun

ity

com

men

t pro

cess

and

revi

ew b

y th

e D

EC

, prio

r to

bein

g ac

cept

ed b

y th

e D

EC

(see

ww

w.m

rc.w

a.go

v.au

for f

ull c

opy

of E

MS

doc

umen

tatio

n);

5.

See

poi

nt 4

in O

bjec

tive

6 ab

ove;

6.

MR

C e

ngag

ed t

he C

ardn

o B

SD

/Mei

nhar

dt J

oint

Ven

ture

to

mon

itor

the

cons

truct

ion

phas

e of

the

pro

ject

. A

ran

ge o

f ot

her

exte

rnal

aud

itors

w

ere

reta

ined

by

the

vario

us p

roje

ct s

take

hold

ers

to m

onito

r the

bui

ldin

g an

d co

ncre

te s

lab,

with

eac

h of

the

se p

artie

s be

ing

satis

fied

as t

o th

e st

anda

rds

appl

ied

and

met

. (ho

w w

ill th

is b

e do

ne in

to th

e fu

ture

?)

10. H

ave

No

Bre

ache

s O

f Env

ironm

enta

l Con

ditio

ns O

f App

rova

l O

utco

mes

: 1.

A

key

tend

er a

sses

smen

t crit

erio

n.

2.

A p

rove

n hi

stor

y fo

r the

type

of f

acilit

y an

d eq

uipm

ent p

ropo

sed.

1.

This

tend

er c

ondi

tion

was

sat

isfie

d du

ring

the

tend

er p

roce

ss;

2.

See

poi

nt 2

in o

bjec

tive

9 ab

ove;

3.

B

ioV

isio

n’s

proc

ess

cont

rol

and

mon

itorin

g sy

stem

s ha

ve

been

in

corp

orat

ed

into

th

e E

MS

.

The

EM

S

has

been

su

bjec

ted

to

com

mun

ity c

omm

ent

proc

ess

and

revi

ew b

y th

e D

EC

, pr

ior

to b

eing

ac

cept

ed b

y th

e D

EC (

see

ww

w.m

rc.w

a.go

v.au

for

ful

l co

py o

f E

MS

Atta

chm

ent 2

Item

2.d

oc

5



Page 91



3.

Ope

n an

d ac

coun

tabl

e pr

oces

s co

ntro

l an

d m

onito

ring

syst

em

deve

lope

d th

roug

h pu

blic

con

sulta

tion.

4.

Dev

elop

pro

cedu

res

to c

ontin

ually

impr

ove

the

proc

ess

by in

corp

orat

ing

expe

rienc

e fro

m t

he f

acilit

y an

d re

leva

nt r

esea

rch

and

tech

nolo

gy

deve

lopm

ents

.

5.

Alig

ned

cont

ract

and

fina

ncia

l rew

ards

with

suc

cess

ful c

ompl

ianc

e.

6.

The

faci

lity

shal

l hav

e no

dis

cern

ible

odo

ur a

nd w

ill b

e m

onito

red.

7.

Any

spi

llage

or r

un-o

ff w

ater

sha

ll be

col

lect

ed a

nd c

onta

ined

(sha

ll no

t le

ave

the

site

or e

nter

the

grou

nd).

docu

men

tatio

n);

4.

See

poi

nt 4

in O

bjec

tive

6 ab

ove;

5.

KP

Is h

ave

been

dev

elop

ed a

nd a

re e

nshr

ined

in th

e R

esou

rce

Rec

over

y Fa

cilit

y A

gree

men

t (R

RFA

). Th

ese

KPI’s

are

sub

ject

to

annu

al r

evie

w.

Rem

uner

atio

n of

the

Con

tract

or i

s ba

sed

upon

per

form

ance

aga

inst

th

ese

KP

I’s;

6.

As

part

of t

he o

pera

ting

licen

ce,

the

DE

C h

as s

peci

fied

a ra

nge

of

mon

itorin

g an

d re

porti

ng c

ondi

tions

tha

t B

ioV

isio

n w

ere

requ

ired

to

satis

fy,

prio

r to

the

lic

ence

bei

ng i

ssue

d.

Thes

e co

nditi

ons

rem

ain

in

plac

e an

d ar

e to

be

repo

rted

agai

nst f

or th

e du

ratio

n of

the

proj

ect l

ife.

The

KP

I on

‘com

mun

ity a

ccep

tanc

e –

num

ber o

f com

plai

nts’

will

addr

ess

this

out

com

e;

7.

The

site

ope

rate

s on

a c

lose

d ci

rcui

t bas

is, w

here

by a

ll st

orm

wat

er a

nd

surfa

ce w

ater

is c

olle

cted

and

con

tain

ed o

nsite

, whi

le a

ll pr

oces

s w

ater

is

retu

rned

and

reus

ed in

the

com

post

ing

proc

ess.

11. T

he R

RF

Will

Be

Attr

activ

e A

nd W

ell L

ands

cape

d

Out

com

es:

1.

App

ropr

iate

arc

hite

ctur

al d

esig

n in

put i

nto

faci

lity.

2.

Ass

essm

ent c

riter

ion

for t

ende

r.

1.

App

ropr

iate

arc

hite

ctur

al d

esig

n in

put w

as p

rovi

ded

into

faci

lity;

2.

The

aest

hetic

s of

the

pro

pose

d fa

cilit

y w

ere

incl

uded

as

a te

nder

as

sess

men

t crit

erio

n.

12. H

ave

Des

igna

ted

Traf

fic R

oute

s A

nd S

peed

Con

trol

s O

utco

mes

: 1.

A

gree

men

t w

ith i

ndiv

idua

l C

ounc

ils r

egar

ding

acc

ess

rout

es t

o th

e fa

cilit

y.

2.

Pro

mot

e de

velo

pmen

t of F

lynn

Driv

e w

ith C

ity o

f Wan

nero

o in

line

with

pr

ojec

ted

traffi

c vo

lum

es.

1.

The

MR

C h

as d

evel

oped

a w

aste

del

iver

y sc

hedu

le a

gree

men

t in

co

nsul

tatio

n w

ith m

embe

r co

unci

ls.

This

will

add

ress

acc

ess

rout

es to

th

e R

RF;

2.

The

deve

lopm

ent

of F

lynn

Driv

e w

ill be

dis

cuss

ed w

ith t

he C

ity o

f W

anne

roo,

as

part

of t

he d

evel

opm

ent

of t

he w

aste

del

iver

y sc

hedu

le

agre

emen

t, ou

tline

d ab

ove.

Som

e up

grad

ing

wor

k ha

s al

read

y be

en

com

plet

ed;

13. P

rodu

ce A

Net

Env

ironm

enta

l Ben

efit

O

utco

me:

1.

Te

nder

ass

essm

ent c

riter

ion

1.

This

tend

er c

ondi

tion

was

sat

isfie

d du

ring

the

tend

er p

roce

ss;

2.

Cal

cula

tions

ind

icat

e th

at t

he R

RF

will

dive

rt ap

prox

imat

ely

70,0

00

tonn

es o

f CO

2 eq

uiva

lent

of g

reen

hous

e ga

s fro

m th

e en

viro

nmen

t per

an

num

, w

hen

com

pare

d to

sen

ding

one

hun

dred

tho

usan

d to

nnes

of

MS

W to

land

fill p

er a

nnum

.

Atta

chm

ent 2

Item

2.d

oc

6



Page 92

14. M

inim

ise

Noi

se Im

pact

s

Out

com

es:

1.

Pro

vide

a fu

lly e

nclo

sed

faci

lity

2.

Lim

it th

e ho

urs

of d

eliv

erie

s of

the

maj

or c

ompo

nent

s of

the

was

te.

3.

Pro

vide

a

layo

ut

and

desi

gn

of

the

faci

lity

that

ens

ures

th

at

the

reve

rsin

g an

d op

erat

ing

nois

e of

the

truck

s is

min

imis

ed.

4.

The

faci

lity

will

have

to a

dher

e to

the

Env

ironm

enta

l Pro

tect

ion

(Noi

se)

Reg

ulat

ions

, 199

7.

1.

The

RR

F is

hou

sed

with

in a

ful

ly e

nclo

sed

faci

lity

to m

inim

ise

nois

e im

pact

s, a

mon

g ot

her t

hing

s;

2.

The

RR

F is

fully

ope

ratio

nal b

etw

een

the

hour

s of

6.0

0am

and

6.0

0pm

M

onda

y to

Frid

ay.

Was

te d

eliv

ery

occu

rs d

urin

g th

ese

times

;

3.

The

traffi

c m

anag

emen

t and

road

way

sys

tem

ado

pted

, ens

ures

that

the

reve

rsin

g an

d op

erat

ing

nois

e of

the

truck

s is

min

imis

ed a

nd g

ener

ally

re

stric

ted

with

in th

e en

clos

ed b

uild

ing;

4.

The

faci

lity

is r

equi

red

to a

dher

e to

the

Env

ironm

enta

l P

rote

ctio

n (N

oise

) Reg

ulat

ions

, 199

7.

15. M

ake

This

A S

afe

Faci

lity

With

No

Hea

lth R

isks

O

utco

mes

: 1.

P

rovi

de a

faci

lity

that

doe

s no

t hav

e ad

vers

e he

alth

impa

cts

in th

e sh

ort

and

long

term

.

2.

Com

ply

with

env

ironm

enta

l con

ditio

ns w

ith n

o br

each

es.

3.

Hea

lth a

nd s

afet

y of

wor

kers

will

be

a te

nder

ass

essm

ent c

riter

ion.

1.

Hea

lth a

nd S

afet

y –

num

ber

of L

ost

Tim

e In

jurie

s is

a K

PI

for

the

faci

lity.

Thi

s co

vers

Occ

upat

iona

l Saf

ety

and

Hea

lth (

OSH

) is

sues

for

st

aff w

orki

ng in

the

RR

F;

2.

Com

plia

nce

with

env

ironm

enta

l co

nditi

ons

will

be

mon

itore

d an

d th

e R

RF’

s pe

rform

ance

will

form

par

t of t

he D

EC

lice

nce

rene

wal

pro

cess

. It

is a

lso

one

of th

e R

RF

KP

I’s, u

pon

whi

ch B

ioV

isio

n w

ill b

e m

onito

red

and

rem

uner

ated

;

3.

Hea

lth a

nd s

afet

y of

wor

kers

form

ed a

tend

er a

sses

smen

t crit

erio

n.

16. M

axim

ise

Use

Of B

y Pr

oduc

ts

Out

com

es:

1.

Enc

oura

ge

the

esta

blis

hmen

t of

a

Res

ourc

e R

ecov

ery

Prec

inct

ad

jace

nt to

the

RR

F.

2.

Set

targ

ets

for t

he a

mou

nt o

f the

was

te s

tream

reco

vere

d.

1.

The

esta

blis

hmen

t of

a R

esou

rce

Rec

over

y P

reci

nct

adja

cent

to

the

RR

F is

bei

ng e

xplo

red

as a

par

t of t

he p

lann

ing

of R

RF

stag

e 2;

2.

The

esta

blis

hmen

t and

mon

itorin

g of

was

te d

iver

sion

targ

ets

form

s on

e of

th

e R

RF

KP

I’s,

upon

w

hich

B

ioV

isio

n w

ill be

m

onito

red

and

rem

uner

ated

;

17. B

enef

its T

o Th

e Lo

cal C

omm

unity

O

utco

mes

: 1.

E

ncou

rage

loca

l em

ploy

men

t.

2.

Pro

vide

a c

omm

unity

env

ironm

enta

l edu

catio

n fa

cilit

y.

1.

Bio

Vis

ion

activ

ely

enco

urag

es lo

cal e

mpl

oym

ent

and

activ

ely

seek

s to

en

gage

loca

l per

sonn

el w

here

ver p

ossi

ble;

(get

figu

res

from

Cas

imiro

)

2.

The

RR

F vi

ewin

g fa

cilit

y is

alre

ady

been

use

d fo

r to

urs.

Vie

win

g pl

atfo

rm d

ispl

ay m

ater

ial i

s be

ing

deve

lope

d, a

nd th

e V

isito

rs C

entre

is

curr

ently

und

er c

onst

ruct

ion.

18. C

osts

Impa

cts

O

utco

me:

1.

P

rovi

de a

fac

ility,

whi

ch i

s ec

onom

ical

ly v

iabl

e in

the

sho

rt an

d lo

ng

term

.

1.

Rig

orou

s fin

anci

al m

odel

ling

has

been

con

duct

ed d

urin

g th

e fe

asib

ility

st

udy

to c

onfir

m t

hat

the

RR

F w

ill b

e ec

onom

ical

ly v

iabl

e in

the

sho

rt an

d lo

ng te

rm.

The

long

and

sho

rt te

rm v

iabi

lity

of th

e R

RF

was

a k

ey

cons

ider

atio

n in

dec

idin

g to

ent

er in

to a

con

tract

with

Bio

Vis

ion.

Atta

chm

ent 2

Item

2.d

oc

7



Page 93

19. C

ontr

ol O

f Ver

min

And

Flie

s

Out

com

es:

1.

Pro

vide

a fu

lly e

nclo

sed

faci

lity.

2.

Min

imis

e th

e tim

e un

treat

ed w

aste

is s

tore

d in

the

faci

lity

befo

re b

eing

pr

oces

sed.

1.

All

RR

F pr

oces

sing

ope

ratio

ns a

re c

ondu

cted

with

in a

ful

ly e

nclo

sed

faci

lity,

in a

n ef

fort

to c

ontro

l ver

min

and

flie

s. V

erm

in tr

aps

are

loca

ted

at a

ll ac

cess

poi

nts

in th

e fa

cilit

y;

2.

The

oper

atin

g lic

ence

incl

udes

a c

ondi

tion

that

spe

cifie

s th

at a

ll w

aste

m

ater

ial i

s fe

d in

to t

he d

iges

ters

with

in 7

2 ho

urs,

to

min

imis

e th

e tim

e un

treat

ed w

aste

is s

tore

d in

the

faci

lity

befo

re b

eing

pro

cess

ed.

20. M

inim

ise

The

Ris

k O

f Fire

s

Out

com

e:

1.

Impl

emen

t a c

ompr

ehen

sive

fire

risk

man

agem

ent p

lan

1.

The

Em

erge

ncy

Pro

cedu

res

Gui

de,

whi

ch f

orm

s pa

rt of

the

Fac

ility

M

anag

emen

t M

anua

l, ou

tline

s th

e Fi

re F

ight

ing

Pro

cedu

res

that

hav

e be

en a

dopt

ed fo

r the

RR

F.

Atta

chm

ent 2

Item

2.d

oc

8



Page 94

ITEM 3 LANDFILL UPDATE REPORT (for the period 15 October 2009 – 25 March 2010)

File No: WST/100 (D/10/1900) Attachment(s): Nil. Author: Ian Watkins

SUMMARY The purpose of this report is to provide Council with information relating to the development and operation of the Tamala Park landfill. Topics covered in this Item include:

• Waste tonnage and airspace consumption

• Waste density

• Stage 2 Phase 3 Excavation Works

• Stage 2 Phase 3 Liner Works

• Stage 2 Capping

• Buffer Zone (North)

• Workshop Extension BACKGROUND Council has previously, on a regular basis, been provided with landfill update reports (last report 15 October 2009). This Item forms part of the regular update process. DETAIL Waste Tonnage & Airspace Consumption Based on available airspace and anticipated annual waste tonnages the landfill will reach maximum capacity by January 2021. Waste Density Waste density is calculated on a six-monthly basis. Over the past 6 months landfilling has continued over the Stage 2, Phase 1 area and also progressed over the Stage 1 – 2 Tie-in liner area. On 20 January 2010 an aerial survey was flown of the site. Based on this aerial survey the waste density within the whole Stage 2 was calculated as being 0.82/m³.

ITEM 8.2.3



Page 95

Stage 2 Waste Density

0.50

0.60

0.70

0.80

0.90

1.00

1/01/05 1/07/05 1/01/06 1/07/06 1/01/07 1/07/07 1/01/08 1/07/08 1/01/09 1/07/09 1/01/10

Date

Den

sity

(t/m

3)

Waste Density The calculated waste density for this period is the “global” waste density. This is the total waste quantity placed in the whole of Stage 2 (all Phases) divided by the total volume of material (including cover). In summary, for the whole of Stage 2, there is approximately 820 kg of waste for every m3 of airspace consumed. The 20 year financial model which sets the landfill gate fees has been developed around an estimated long-term waste density of 800kg/m3. Consequently the financial model is slightly conservative (2.5%) on this particular assumption. The change in density between this calculation period and the previous period (0.07t/m3) is likely due to the previous calculation period occurred during the transition from Stage 2 Phase 2 back into Stage 2 Phase 1. During this transition, there were significant quantities of cover material and temporary capping material stockpiled on the landfill. The quantity of material is estimated and deducted from the calculation to determine the density of the waste (excluding stockpiled material). It is possible that the volume of stockpiled material was over estimated, leading to a marginally higher waste density. Typically for a deep putrescible landfill it would be expected that a waste density of approximately 0.85t/m³ should be achieved by the time that the landfill has reached maximum capacity. It would not be expected to get this density in the first few layer of waste; however, over time once the affect of waste settlement has been taken into account, the waste density should gradually increase to approximately 0.85t/m³. Factors that influence waste density include:

• Waste type

• Compactive effort

• Moisture content/waste decomposition

• Landfill gas extraction

• Waste depth

• Waste settlement

• Accuracy of survey process

ITEM 8.2.3



Page 96

Stage 2 Phase 3 Excavation Works Stage 2 Phase 3 excavation was required to form the airspace for the final cell development at Tamala Park:

• The excavation works commenced in July 2007 and was completed by the end of December 2009

• In total there was 1.2 M m3 of limestone excavated

• A total of $10.96M was spent on the excavation works resulting in a cost of $9.15/m3 (in September 2006 Phase 2 West cost $10.40/m3)

Prior to the Phase 3 development, previous excavation activities were carried out by awarding short-term tenders for the rapid excavation and removal of the material. A different approach was used during the Phase 3 excavation whereby the MRC project managed the activities utilising a panel of equipment hire companies. The advantages of this approach included:

• Total control of the method and rate of excavation

• The rate of excavation managed to cater for landfill operational requirements and off-site demand for crushed limestone

• Provided the landfill operation with “free” cover material for 2.5 years

• The ability to stockpile different types (sand, sandy limestone, crushed limestone) of excavated material around site for future landfill cover and capping material

• Remove the need to stockpile additional excavated material on the “southern stockpile” (past objections from the Kinross community)

• Significant cost savings:

- Excavation costs - reduced cost per m3 of material excavated in comparison to previous excavation methodology

- Landfill operation costs - significant quantities of landfill cover material provided during the excavation exercise (2.5 years)

- Future landfill capping costs - significant quantities of capping material stockpiled on-site

There is no further bulk excavation work required at Tamala Park. Stage 2 Phase 3 Liner Works Following significant delays, the DEC eventually issued the Phase 3 liner installation Works Approval on 23 December 2009. On the same day the works were awarded to CECK (approved OCM 03/09/2009). Construction commenced on-site on 12 February 2010 and is programmed to be completed by 6 May 2010. Based on available airspace in Phase 1 and 2, landfilling is anticipated to continue in these areas until the end of December 2010. In line with this program, landfilling will commence in the new Phase 3 lined area in approximately October 2010 in preparation to receive all waste by the end of December 2010 (October to December transition period).

ITEM 8.2.3



Page 97

Stage 2 Capping As mentioned above landfilling will continue over Phase 1 and 2 until the end of December 2010. Waste placement will continue in these areas until the final waste profile has been achieved. Immediately thereafter, this portion of the landfill will be permanently capped and revegetated. Buffer Zone (North) As previously reported (15/10/09): The current landfill lease requires the MRC to pull back the northern buffer zone to within the lease area by 31 December 2010. The anticipated pull-back of the buffer zone is as follows:

• Current – buffer approximately 350m north of the lease boundary

• 31 December 2010 – buffer approximately 100m north of the lease boundary

• 31 December 2015 – buffer approximately 50m north of the lease boundary

• 31 December 2016 – buffer pulled back to the lease boundary

• 31 January 2021 – (landfill closed) – no buffer zone required Actions undertaken post OCM 15 October 2009:

• The MRC advised the Tamala Park Regional Council (TPRC) CEO that it would not be possible to pull back the northern buffer zone in accordance with the landfill lease requirements and provided information on the achievable anticipated buffer zone pull back timetable

• The TPRC CEO accepted the MRC position and subsequently presented an item to the TPRC Council (11/2/10) seeking approval for the amended buffer zone pull back timetable

• The TPRC Council resolved to note the revised pull back of the buffer zone, requested the MRC to adhere to the revised buffer zone timetable and requested that the MRC knowledge that these were minimum targets to be achieved

• The TPRC CEO subsequently wrote to the MRC advising of the TPRC Council decision

• The MRC and TPRC have met to discuss these issues

• It is now for the MRC to advised its Member Councils of the TPRC decision and request an amendment to the Tamala Park Lease reflecting the revised buffer zone pull back arrangements

Workshop Extension Financial approval was granted at the December 2009 OCM. The construction contract has been awarded to DEVCO Builders. Work is due to commence on site in May 2010, with completion anticipated in July 2010.

ITEM 8.2.3



Page 98

CONSULTATION

• DEC

• Landfill Operations Staff

• Golder Associates

• CECK

• Tamala Park Regional Council

STATUTORY ENVIRONMENT Not applicable. POLICY IMPLICATIONS Not applicable. STRATEGIC IMPLICATIONS Tamala Park landfill is consistent with Objective One of the Council’s Strategic Plan 2009-2029 : Operate existing waste/resource management processing projects conducted at least at the following:

• Tamala Park (landfill, recycling, reuse)

FINANCIAL IMPLICATIONS Sufficient funds have been allocated in the Mindarie Regional Council Strategic Financial Model to cover anticipated landfill cost. MRC OFFICER RECOMMENDATION That Council:

(i) receive this Landfill Update Report dated 22 April 2010

(ii) authorises the CEO to write to the seven Member Councils requesting a change to the Tamala Park Lease conditions associated with the northern buffer pull back arrangements

TECHNICAL WORKING GROUP – 1 APRIL 2010 Nil discussion. TWG OFFICERS RECOMMENDATION That Council:

(i) receive this Landfill Update Report dated 22 April 2010 (ii) authorises the CEO to write to the seven Member Councils requesting a

change to the Tamala Park Lease conditions associated with the northern buffer pull back arrangements

ITEM 8.2.3



Page 99

ITEM 4 LANDFILL GAS CONTRACT REPORT File No: EST/2-02 (D/10/1901) Attachment(s): Nil. Author: Ian Watkins

SUMMARY The purpose of this report is to provide Council with information relating to the current situation with regards to the Tamala Park landfill gas contract and potential future options surrounding landfill gas management. BACKGROUND It is an environmental requirement that the MRC appropriately manage landfill gas emissions from the Tamala Park landfill. Being a specialist activity, the MRC (and the vast majority of other landfill operators) contract out the landfill gas management to a specialist company. The Tamala Park landfill gas management is currently contracted out to Landfill Gas and Power (LGP). The contract is due to expire on 30 June 2011 (the end of the previous Tamala Park Lease). It is now appropriate that the MRC consider landfill gas management options beyond the current contract period. DETAIL Landfill Gas Landfill gas is formed within a putrescible landfill as a result of organic decay under anaerobic conditions. Landfill gas predominantly consists of methane and carbon dioxide, with minor quantities of other gases such as hydrogen sulphide (odour). Methane is a relatively potent greenhouse gas in comparison to carbon dioxide (21 x CO2 impact); hence the importance of appropriate landfill gas (methane) management. Landfill gas typically forms within the first year of waste placement in a putrescible landfill and depending on the incoming waste stream, peaks a couple of years after the landfill closes. From the peak landfill gas production (2 years after landfill closure), gas production gradually decreases for approximately 50 to 70 years before reaching minimal emission levels. Due to the extended landfill gas “decay tail”, there is a requirement to manage landfill gas for many decades beyond landfill closure. The exact duration of management is not clear; however, the landfill industry current standard assumption is that the “after care” period will be in the order of 30 years. With the proposed carbon trading scheme (CPRS) likely to be implemented within a few years, it is possible that the landfill “after care” period will extended beyond 30 years after the closure of a landfill. Current Contractual Arrangements The current landfill gas management contractual arrangements with LGP include:

• An exclusive licence to extract gas from the landfill

ITEM 8.2.4



Page 100

• A lease over a portion of land on which to construct permanent infrastructure

• A requirement to maintain an efficient gas extraction system (well field)

• A requirement to either flare or "consume/burn" the extracted gas

• A requirement to pay to the MRC revenue based on a percentage of electricity sales and Renewable Energy Certificates sold (or any other “carbon trading” revenue achieved)

• The contract terminates on 30 June 2011

• There is a contractual clause relating to both parties discussing future contract extension options; however, following legal advice, this clause does not provide the MRC or LGP with a specific right to extend the contract. Any future arrangements between the MRC and LGP would be as allowed under the Local Government Act

Available Future Options There are a number of options available to the MRC with regards to the future management of landfill gas at Tamala Park. These include:

1. The MRC undertaking the activities in-house. Being a specialist activity, the MRC would have to employ landfill gas specialists in order to undertake the required activities. Due to the scale of operation (a single site) it is unlikely that the in-house activities would be carried out efficiently. There will also be the requirement for the MRC to spend significant capital in developing the permanent infrastructure required to produce green energy. The benefit of an in-house operation is that it allows total flexibility to adapt to future "carbon trading" environments.

2. Negotiate contractual arrangements with a preferred party. This is a process

allowable within the Local Government Act whereby the MRC negotiates contractual arrangements with a preferred party, develop a Business Plan (including all relevant financial information), advertise the Business Plan for public comment, following consideration of public comment received the MRC could enter into contractual arrangements with the preferred party. The process followed in order to proceed with this option is more complicated than the typical tender process. This option is normally utilised by Local Government to establish contractual arrangements in circumstances where there is typically only one supplier able to provide the service. In the case of landfill gas management, although there are not a large number of companies undertaking this specialist activity, there are sufficient to go through a competitive tendering process.

The main reason that the MRC would progress down this option would be to continue to contract with LGP for a short-term contract of approximately 3 years in order to "buy time" while the Carbon pollution Reduction Scheme (CPRS) or other related carbon trading scheme was implemented. In this circumstance LGP is the only company which could provide a short-term contract. This is primarily due to the fact that LGP is already established on-site and hence, could simply extend their current operations for a few more years. To get a new contractor in for a three-year contract would not be viable due to the large capital cost involved in establishing a green power generation system. The short-term nature of the contract would not make it economically viable.

ITEM 8.2.4



Page 101

3. Establish contract via tender process. This option would not enable the MRC to conclude an economically viable short-term contractual arrangement (refer option 2 above). Any contractual arrangements resulting from this process would need to be a minimum 10 year contract duration. The downside of this is that this contract would be awarded prior to the CPRS or other related carbon trading scheme being in place; consequently, the contractual arrangements would need to be flexible in order to accommodate possible future carbon trading schemes. The benefit of going out to tender is that the MRC would test the market and thereby obtain the most competitive contractual terms.

Consideration of Future Options Option 1 - In-House Activities. Landfill gas management is not MRC core business, as has been demonstrated with the RRF project, the MRC has a preference to let specialists undertake specialist activities. It is not deemed appropriate that the MRC get involved in landfill gas management. Option 2 - Negotiated Contractual Arrangements. Although this option would provide a short-term solution whilst the CPRS is being developed, there is no guarantee that the CPRS or any other similar scheme would be developed within the short-term timeframe. It is also highly likely that any carbon trading scheme would change over time; consequently, any long-term contract that was developed would need to incorporate flexibility to deal with changing carbon trading schemes. In developing a comprehensive Business Plan, the MRC is required to include all relevant business arrangements in the Plan. This would become a public document; hence, all the financial arrangements that were agreed to with the preferred contractor (LGP) would become common knowledge. This could potentially impact on the future tendering process beyond the short-term contract. Option 3 – Contract via Tender. It is felt that with careful consideration a tender document can be developed which provides flexibility to manage the implementation of the CPRS as well as any future changes to the carbon trading environment. This option is seen as providing the MRC with the most commercially competitive contractual arrangements going forward. Preferred Option It is considered that Option 3 is the preferred way forward beyond the termination of the current landfill gas contractual arrangements. Typical Future Tender/Contractual Arrangements The typical scope of work and conditions for the tender and resultant contract would be based around the terms of the existing LGP contractual arrangements. The major adjustment to the existing contract will be:

• Transition planning for the establishment of a new contractor on-site whilst the existing contractor demobilises from site

• The development of a flexible mechanism for dealing with the implementation of a CPRS or similar carbon trading scheme, as well as future changes to these schemes or the implementation of completely new systems at some time in the future

• Flexibility to allow tenderers to propose options for revenue sharing mechanisms

ITEM 8.2.4



Page 102

• The term of the contract will be from1 July 2011 through to 30 June 2032 (end of current landfill site Lease)

• The investigation of options to extend the lease beyond 30 June 2032 should the landfill site Lease be extended at some time in the future or the ability to assign the extended contract to another party responsible for the landfill site beyond the expiry of the current landfill Lease

Project Timetable The major consideration is the time required for a new contractor to establish on-site. As a minimum this will take six months, with the ideal duration being nearer 12 months; consequently, the following project timetable is proposed: Option 1:

• 22 April 2010 - Council approval to proceed to in-house operations

• May 2010 MRC make financial provision in 2010/2011 budget for additional revenue and expenditure and updates the 20 year financial model

• May/June 2010 MRC review staffing and technical requirements

• July/August 2010 – MRC employ relevant technical staff

• September 2010 to June 2011 MRC prepares and establishes on-site

• 1 July 2011 - the commencement of in-house operations Option 2:

• 22 April 2010 - Council approval to negotiate with LGP

• May/June/July 2010 negotiate new arrangements with LGP and develop Business Plan

• 26 August 2010 - Council approve the Business Plan

• September 2010 – Business Plan advertised and comments considered

• 28 October 2010 – Council approves final Business Plan and authorises signing of new short-term contract with LGP

• 1 July 2011 - the commencement of the new 3 year contractual arrangements with LGP

• January 2013 – MRC commences the tendering process as per Option 3 below Option 3:

• 22 April 2010 - Council approval to proceed to tender

• May/June/July 2010 – conduct tender activity

• 26 August 2010 - Council approve the preferred tenderer

• 1 September 2010 - Contract awarded to the preferred tenderer

• September 2010 to June 2011 - Contractor prepares and establishes on-site

• 1 July 2011 - Commencement of the new contract CONSULTATION

• Landfill Gas and Power

ITEM 8.2.4



Page 103

• Landfill Management Services

• Woodhouse Legal

STATUTORY ENVIRONMENT Not applicable. POLICY IMPLICATIONS Not applicable. STRATEGIC IMPLICATIONS Landfill gas management is consistent with Objective One of the Council’s Strategic Plan 2009-2029:

Strategies:

• Generate income via processing projects at Tamala Park, specifically via landfill activities, landfill gas management and recycling of material e.g. paper, steel

Performance Indicators:

• Satisfactory report card on economic, environmental and social grounds for all operations

FINANCIAL IMPLICATIONS Landfill gas management at Tamala Park is a revenue generating activity. The objective of a future landfill gas contract would be to maximise the return to the MRC whilst appropriately allocating risk to that party best able to manage it. Future contractual arrangements need to be cognisant of the potential financial implications of the possible implementation of the (CPRS) or any other "carbon trading" scheme. MRC OFFICER RECOMMENDATION That Council:

(i) receive this Landfill Gas Contract Report dated 22 April 2010

(ii) authorises the CEO to tender for the establishment of a new Landfill Gas Contract to cover the period from the end of the existing contractual arrangements (1 July 2011) through to the end of the current Tamala Park Lease (30 June 2032)

TECHNICAL WORKING GROUP – 1 APRIL 2010 Nil discussion.

ITEM 8.2.4



Page 104

TWG OFFICERS RECOMMENDATION That Council:

(i) receive this Landfill Gas Contract Report dated 22 April 2010 (ii) authorises the CEO to tender for the establishment of a new Landfill Gas

Contract to cover the period from the end of the existing contractual arrangements (1 July 2011) through to the end of the current Tamala Park Lease (30 June 2032)

ITEM 8.2.4



Page 105

ITEM 5 BUSINESS PLANNING 2010/2011 File No: COR/8 (D/10/1915) Attachment(s): 1. Schedule of Proposed Fees and Charges 2010/2011 2. 2010/2011 Members Fees – Additional Budgetary Information 3. New Initiatives Author: Kalwant Dhillon SUMMARY The purpose of this item is to finalise the Members and Non-Members Fees for 2010/2011. BACKGROUND A twenty year Strategic Financial Plan commencing 2008/2009 to 2027/28 was approved by Council on 3 July 2008 at the Ordinary Council Meeting. The State Government Budget, released 14 May 2009, contained an unexpected plan to increase the landfill levy for putrescible waste – the waste disposed to Tamala Park – from $7 per tonne to $28 per tonne, effective 1 July 2009. This was later revised to $8/tonne effective from 1 July 2009 and $28/tonne effective from 1 January 2010. An average application of the above increased charges in DEP levy were applied by MRC in the finalisation of the Members and Non-Members Gate Fees which were approved by the Council at the 30 June 2009 Special Council Meeting. The approach taken has been to minimise impact of this increased charge to Member Councils, without compromising the Mindarie Regional Council business. Estimated Gate Fees for Processable and Non-Processable waste of $142/tonne and $83/tonne respectively were provided to Member Councils’ seeking an estimate for their budgeting planning purposes based on the twenty year Strategic Financial Plan and Financial Model. Council, at its Ordinary Council Meeting December 2009, approved the Annual Budget Process and Fee Setting Mechanism. This is Phase 1 of the Annual Budget Process and Fee Setting Mechanism. DETAIL Business Plan 2009/2010 The draft Business Plan for 2010/2011 will be prepared based on the existing twenty year Strategic Plan approved by Council at the October 2008 Ordinary Council Meeting and will be tabled for discussion at the Budget Workshop scheduled for May 2010 with the view to finalising it going forward.

ITEM 8.2.5



Page 106

Strategic Budget 2009/2010 As mentioned above, Mindarie Regional Council finalised its Strategic Financial Plan from 2008/2009 to 2027/2028, and this was approved by Council’s at the 3 July 2008 Ordinary Council Meeting. The projections for 2010/2011 in the Strategic Financial Plan has been used in the context of the Strategic Budget for 2010/2011, as the preliminary estimates and these estimates have been updated in light of fresh data on ‘tonnages’ of waste expected from member Councils, current economic conditions, demands of the business, environmental factors, latest events associated with the Resource Recovery Facility (RRF), new initiatives and other relevant factors for the calculation of the Gate Fees for 2010/2011 going forward. Member Fees – 2010/2011 The Resource Recovery Facility at Neerabup was commissioned on 27 March 2009 and was fully operational on 16 July 2009. Since the commissioning in July 2009 the RRF has been ‘hampered’ by cracks in the two composters, and the facility was closed for the period late September 2009 to January 2010 to allow for the assessment of the damage and subsequent short-term repairs. The short-term repairs were completed in January 2010 and the facility has been in full production since 1 February 2010. The temporary closure of the RRF has resulted in ‘savings’ in cost due to lower payments to the Contractor (BioVision 2020 Pty Ltd) in line with contract. The savings, based on best estimates, were estimated at the Mid-Year Review to be approximately $1.5m. In line with the existing policy on unders/overs, MRC agreed to take this ‘savings’ into account in the calculation of the Members Processable Fees for 2010/2011. However, at the February 2010, Council agreed the matter of allocation of any net savings be considered as part of the finalisation of the MRC Revised Pricing Model. During 2004 and 2005, Council resolved a revised fee structure vide two resolutions as follows:

• Ordinary Council Meeting 1 July 2004 That Council approve:

(i) an approach for the definition of categories of members waste, with effect from the opening of the Resource Recovery Facility, as follows:

(a) Processable waste defined as Municipal Solid Waste suitable for any Secondary Waste Treatment process adopted by MRC;

(b) Non-Processable waste defined as waste not suitable for a Secondary Waste Treatment process and includes any residue from a Secondary Waste Treatment process.

(ii) The subsequent development of a business plan and financial model that will allow analysis of the charging regime that will apply.

ITEM 8.2.5



Page 107

• Special Council Meeting 6 April 2005 That Council:

(i) Note the previous decision to adopt a waste categorisation structure which contains processable and non-processable categories of material for disposal;

(ii) Approve a definition for processable waste as follows:-

“Processable waste is defined as all waste collected via

• weekly household waste collection services for all Councils

• daily and weekly collection services for City of Perth”;

(iii) Approve a definition of non-processable waste as follows:

“Non-processable waste is defined as that waste not suitable for processing by any Stage 1 Resource Recovery Facility established by MRC, and residue material from any waste processing facility within the region”;

(iv) Approve the application of these definitions for the Stage 1 Resource Recovery Facility only;

(v) Approve the development of any information package by the Mindarie Regional Council for member councils to explain the revised waste categorisation structure and the rationale for the associated fees, and the investigation of further options for fee structures, for Council consideration.

This Fee Model concept has been incorporated into the comprehensive Financial Model developed by Deloittes in conjunction with MRC management and in consultation with Member Councils’ Officers through the Financial Management Workshops. The methodology for the calculation of the Processable and Non-Processable Fees for 2010/2011 thus far has been to apply the Strategic Budget for 2010/2011 in the Model, after taking into account current economic conditions, business demands, new initiatives, latest events associated with RRF and other relevant factors, to derive the Members’ Processable and Non-Processable Fees for 2010/2011. The outcomes from this work are as follows: The comparative analysis of Member Gate Fees (estimated) for 2010/2011 to the previous year is described in the table below: Approved Fees 2009/10

$/tonne Ex GST

Budget Estimate 2010/11 $/tonne Ex GST

Processable 120.50 134.00

Non-Processable 66.00 86.00 The increase in Processable cost is due to the following factors:

• Increase in projected contractor’s fees from $147 to $153

• ‘Flow-on’ on impact of the full year’s increase in DEP Levy

The increase in non-processable fees over 2009/2010 is due to the following:

• Full year impact of the DEP Levy ($3.1m increase over 2009/2010)

• Inflationary Increases and minor changes relating to the level of service ($0.6m)

ITEM 8.2.5



Page 108

• New Initiatives ($0.98m) (this does not include Capital Items) per Attachment 3

Casual Fees and Charges The fees for Casuals has been reviewed in conjunction with the increase in DEP levy (effective January 2010) and taking into account the following principles.

• Principle of ‘Full Cost’ recovery

• Recovery of full DEP levy (including increase effective 1 January 2010)

• Comparison with Competitors

• Comparison with Balcatta Transfer Station

• Market conditions The methodology previously agreed at the Financial Management workshops in conjunction with Member Councils’ Officers in respect of Casual Fees once the Resource Recovery Facility is operational is that the fees for Casuals need to be established on the principles below and need to be increased gradually to make it comparable to the Processable Fees for Members in the future years. Based on the review, in line with the above principles, the Casual fee is recommended for increase to $138/tonne (inclusive of GST) which also takes into account the fact that the Fee needs to be sustainable for the continuity of Casual Revenue going forward. Other Fees and Charges have been either increased marginally or retained at 2009/10 levels to encourage waste to be sent to the landfill rather than ‘dumped’ elsewhere in the environment Management of Budget Deficit The management of any deficit i.e. ACTUAL cost/tonne greater than APPROVED cost/tonne, for financial year 2009/2010, is prepared via a strategy of fee adjustment, within the context of budgetary planning. Other Factors

• RRF Gate Fees As per the RRFA, the Waste Diversion Target is able to be changed to take into consideration the Perth waste stream composition (organic fraction). It has previously been agreed with BioVision that the Waste Diversion Target will be assessed in the first year of operations. Following the extended Un-Availability as a result of the composter cracks, the MRC is proposing that this assessment be finalised over the first two years of operation, with an interim adjustment at the end of year one. The issue of whether there is a corresponding RRF gate fee increase is a matter of discussion with BioVision. The Budget takes a conservative position and includes an allowance for a fee increase and associated retrospective catch-up payment to BioVision. If the Waste Diversion Target is adjusted to the extent requested by BioVision (71.4% to 58%) and the MRC is required to adjust the gate fee, the impact has been calculated as $7.41/tonne which will equate to $741,000 for 2010/2011. Based on this, the retrospective catch-up payment for the 2009/2010 financial year has been calculated as $677,000. This total impact over 2009/2010 and

ITEM 8.2.5



Page 109

2010/2011 of $1.4m ($741,000 plus $677,000) has not been taken into account for the calculation of 2010/2011 Members’ Gate Fees. Administration recommends that this cost be offset against the estimated $1.5m surplus for 2009/2010 in relation to RRF Operations (mentioned above). If this liability does not eventuate the surplus will be offset against future year’s Processable Fees.

• MRC Revised Pricing Model

The Financial Management Workshop on MRC’s Pricing Model for Councillors is scheduled for 31 March 2010 with the view to table the report at the 22 April Ordinary Council Meeting. In the event, the MRC Pricing Model is amended in the near future, the impact will be assessed and if it is material an adjustment will be done at the mid-year review.

CONSULTATION Consultation concerning this work has been conducted with the Council’s Financial Advisor, Deloittes, and officers from Member Councils. STATUTORY ENVIRONMENT The process of establishment of Member Gate Fees for Processable and Non-Processable Waste in respect of 2010/2011 is consistent with the Strategic Plan and Strategic Financial Plan. POLICY IMPLICATIONS Not applicable. FINANCIAL IMPLICATIONS The finalisation of the Member Gate Fee for 2010/2011 now allows Member Councils to progress with the finalisation of their individual budgets. STRATEGIC IMPLICATIONS The development of the Strategic Budget is consistent with the principles of Strategic Business Planning.

COMMENT The administration has completed phase 1 of the Budget Planning Process and Council’s consideration of the following matters is now appropriate:

• Calculation of Member Gate Fees in relation to Processable and Non-Processable Waste

• Calculation of Schedule of Fees and Charges for 2010/2011

ITEM 8.2.5



Page 110

MRC OFFICER RECOMMENDATION That Council:


(ii) note and approve the new initiatives in the context of the calculation of the Members and Non-Members Gate Fees

(iii) approve Members’ Processable Gate Fee of $134 (ex GST) and Non Processable Fees of $86 (ex GST) for financial year 2010/2011


TECHNICAL WORKING GROUP – 1 APRIL 2010 The Group was briefed by CEO on proposed approach with respect to Ordinary Council Meeting consideration of material associated with the review of member fees. Agreed actions as follows:

• inclusion of a ‘phase in’ option for any single fee proposal

• provision, to members as soon as possible, of the indicative fee (Single Fee, no residue discount)

The Group noted that approval of fees can only occur formally at the adoption of Budget financial year 2010/2011, and amended (iii) accordingly. The CEO undertook to advise of further events i.e. workshops, Council meetings as soon as possible, required under the Council – approved (December 2009) process. TWG OFFICERS RECOMMENDATION That Council:


(ii) note the new initiatives (iii) note Members’ Processable Gate Fee of $134 (ex GST) and Non

Processable Fees of $86 (ex GST) for financial year 2010/2011 for budget planning purposes


ITEM 8.2.5



Page 111

ATTACHMENT ONE

TO ITEM 5


1 APRIL 2010

SCHEDULE OF PROPOSED FEES AND CHARGES 2010/2011

ITEM 8.2.5



Page 112

Fee (GST inclusive)

from 1 July 2009

GST Payable to

ATO

PROPOSED Fee (GST inclusive)

from 1 July 2010

GST Payable to

ATO1 (a) GENERAL ENTRY

General waste and household rubbish (domestic)excepting liquid waste, swill or semi liquid waste.Charge per tonne $120.00 $10.91 $138.00 $12.55Minimum charge for entry to site $10.00 $0.91 $12.00 $1.09

(b) Swill or Semi Liquid Waste

(c) In the event of weighbridge breakdown due to powerfailure, maintenance or repairs the following feesshall apply to (a) above(I) All vehicles carrying uncompacted waste - per wheel of truck or trailer (larger than 1.8mx1.2m) $35.00 $3.18 $40.00 $3.64 Trailer (1.8mx1.2m or less) $35.00 $3.18 $40.00 $3.64(II) All vehicles carrying compacted waste - per wheel of truck or trailer $70.00 $6.36 $80.00 $7.27

(d) Asbestos - whole loads per tonne (incl burial fee $150.00 $13.64 $200.00 $18.18

(e) Unweighed Load (Drive-Aways) $50.00 4.55 $60.00 5.452 SPECIAL BURIALS (SUPERVISED)

At the discretion of the Site Controllerin addition to the tonnage ratesCharge per 5 cubic metres $180.00 $16.36 $200.00 $18.18

3 CONTROLLED WASTE PER TONNE $200.00 $18.18 $200.00 $18.18

4

(a) Motor bodies and old machinery each item $25.00 $2.27 $25.00 $2.27

(b) Animal Carcasses Small domestic animals $8.00 $0.73 $8.00 $0.73 Large animals (Sheep and cattle etc) $20.00 $1.82 $20.00 $1.82

(c) Car Tyres only (Max disposal 4) - per 4 tyre, pro rata fo< 4 $15.00 $1.36 $18.00 $1.64 Per tonne $300.00 $27.27 $300.00 $27.27

(d) Safe sharp containers 7 litre or less each $13.00 $1.18 $13.00 $1.18 Over 7 litres per litre $1.30 $0.12 $1.50 $0.14

(e) Light weight bulk material less 300 kg Per cubic metre - each cubic metre $50.00 $4.55 $60.00 $5.45

5 REPLACEMENT OF LOST/DAMAGED DCS CARDS(a) Replacement of DCS Cards $50.00 $4.55

6 INFRINGEMENT AGENCY COSTS

(a)Debt Collection Fee

(b) Dishonoured Cheque Fee $15.00 $1.36 $20.00 $1.82

MINDARIE REGIONAL COUNCIL"TAMALA PARK" REFUSE AND RECYCLING CENTRE

SCHEDULE OF PROPOSED FEES AND CHARGES 2010/2011Effective 1 July 2010

Not Accepted

Debt Collection Agency's Costs plus 20% Admin

Fee

In Lieu of the charges in 1, 2 & 3 above the following apply:SPECIAL COMMERCIAL TERMS

Not Accepted

Debt Collection Agency's Costs plus 20% Admin

Fee


Page 113

MINDARIE REGIONAL COUNCILTECHNICAL WORKING GROUP MINUTES - 1 APRIL 2010 ITEM 8.2.5

ATTACHMENT TWO

TO ITEM 5


1 APRIL 2010

2010/2011 MEMBERS FEES – ADDITIONAL BUDGETARY INFORMATION

ITEM 8.2.5



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Page 115

ATTACHMENT THREE

TO ITEM 5


1 APRIL 2010

NEW INITIATIVES

ITEM 8.2.5



Page 116

NEW INITIATIVES The new initiatives are summarised below: • Research and Planning relating $90,000

- RRF Stage Development 70,000

- Investigation into a Toxic Taxi 20,000

• Additional 2 staff to meet the demands of the operation $190,000 of the Landfill and Recycling Centre at Tamala Park

- Full Time Technician 92,000

MRC receives large volumes of hazardous waste, as that volume and diversity has increased the need to manage this issue constructively has arisen. The person employed in this position would be required to undertake a variety of hazardous waste tasks to ensure the Council operates the Tamala Park Hazardous Waste facility at world’s best practice

standards and that it complies with legislation. The majority of these tasks are an ongoing daily requirement and given their complex chemical nature they not able to be performed by other Council staff. The creation of the Technical Officer would reduce operating costs of hazardous waste collections and provide a point of reference to assist member councils with hazardous collection issues

- Recycling Officer 98,000

In the FY 08/09 the MRC Recycling Centre processed approximately 13,000 paint cans. Early 2010 the Recycling Centre commenced processing paint cans from member councils effectively doubling the daily volume to be processed. Current staffing levels of 4 at weekdays and 5 on weekends at the Recycling Centre cannot sustain the required workload to process the increased paint can volumes. An additional full time staff member is needed to assist with the increased volume of paint material to be recycled from the Balcatta Recycling Centre.

• Limestone Cover $400,000

For the past three years the limestone cover material was gained from the excavation activities of Landfill Stage II. Since the excavation of Phase II is now complete the cover required is gained from the main limestone stockpile which requires crushing to render it to a usable size for use on the tipface.



Page 117

• Zero Waste – MRC Contributions $20,000 (in line with DEC funding requirements) • Additional 0.5 FTE for Administration Officer $27,000

This is administrative support for Marketing and Education Program. This would result in a full time FTE for Marketing and Education Administration to meeting the additional demand in services. Currently administration support is provided by 0.5 FTE • Additional Casuals to support the Education Program Activities $20,000

At the start of 2009 MRC identified that the increased number of requests for the Roaming Recycler, together with increased demand for tours, could only be accommodated with the support of additional staff as needed. Employment of staff on a casual basis allowed MRC to bring them in to assist with staffing of the mobile display at a community event which allowed us to meet the growing requests for involvement at these events in a cost-effective way. We have increased the budget from last year to enable casual staff to assist both with The Roaming Recycler and with tours.

• Sponsorship for Member Councils $70,000

The sponsorship budget would be used to support activities that provide an opportunity to establish the MRC brand and build organisational profile. Also through supporting member councils with their community-based waste-related activities we are building strong relationships with member councils, a critical set of stakeholders.

• Corporate Function and Brand Council $55,000

The MRC corporate cocktail function invites major customers, suppliers, politicians, and staff of agencies and industry associations that the MRC works closely with. The corporate presentation by the Chair and CEO enables the MRC’s messages to be communicated to a receptive audience, followed by good opportunity for networking.

The Brand Council would meet quarterly. The costs relate to revenue hire, potentially the services of a facilitator to work with the group initially, and some materials costs.

• Waste Education Program $10,000

- Shopping Centre Program

Funding is to help MRC make some initial steps into shopping centres. Our aim is to get better visibility for the waste message in shopping centres which could be achieved either through scheduling the Roaming Recycler as a display or through working with shopping centres to create a “green room”, a permanent space (often an unused shop) where people can bring items for recycling – particularly batteries and CFLs – and have waste messages on display. Initial contact with Mirrabooka Square demonstrated some interest.



Page 118

• Project Support $35,000

- RRF Open Day 30,000

We know that the best way for people to understand the RRF is to see it in operation, hence our expanding tours program. In addition to that, we would like the community close to the facility to be aware of it and what it does, and we would like to know whether there are any issues with the Community now that it is operational. Any opportunity to establish the link between what goes in the bin, the quality of the compost produced, and the benefits of diverting waste successfully from landfill, is an opportunity to be grabbed.

- RRF Stage 2 promotion $5,000

As part of planning for Stage 2 there is likely to be an environmental approvals process to be followed, and the MRC will need to have demonstrated some level of community involvement. This budget allows for initial planning and scoping of the requirements of Stage 2.

• Millipede Control $10,000

This budget item is for purchase of barrier materials, millipede Traps and to investigate methods of control for millipedes.

Grand Total $927,000



Page 119

ITEM 6 ENVIRO 2010 CONFERENCE AND EXHIBITION - SOLUTIONS FOR A SUSTAINABLE FUTURE

File No: COR/33 (D/10/1916) Attachment(s): 1. Estimated Registration, Accommodation, Travel Costs Author: Kathleen van Son

SUMMARY The purpose of this Item is to confirm attendees at the Enviro 2010 Conference and Exhibition in Melbourne from 21 to 23 July 2010. BACKGROUND The Enviro Conference and Exhibition is the premier national assembly of Australian environment and industry stakeholders. To be held in Melbourne from 21 to 23 July 2010. The Enviro 2010 Conference and Exhibition will be presented by ‘Enviro Conventions’ – a joint venture between the Australian Water Association and the Waste Management Association of Australia. The primary objective of Enviro 2010 is to assemble the leaders of the Australian environment industry, business and policy makers to facilitate cross-fertilisation and networking opportunities. The breadth and diversity of contributors is expected to cover all aspects of sustainability. The Enviro Conference will be a collection of keynote addresses and workshops dealing with sustainability issues faced by governments, business and the public. The conference will be run concurrently with the Enviro 2010 Exhibition where more than 100 exhibitors will display the latest in environmental and sustainability innovation. Since it’s inauguration in Sydney in 2000, Enviro has grown in both eminence and participation. This year we anticipate 1.000 visitors over the three days. DETAIL The conference subject matter for Enviro 2010 can be summarised as follows:

• Implementing Change

• Sustainable Resource Management

• Responding to Climate Change

• Developing Sustainable Infrastructure

• Sustainable Procurement and Supply Chains

• Sustainable Cities

• Innovation and New Technologies

CONSULTATION Not applicable

ITEM 8.2.6



Page 120

STATUTORY ENVIRONMENT Not applicable POLICY IMPLICATIONS MRC Policy in relation to conference attendance has been to obtain useful information in the development of Council business. The key thrust of this policy is that if the need is there then consideration be given for Councillors and Officers to attend. Policy 4A Conference and Training has been scheduled for review in the Technical Working Group meeting scheduled for 1 April 2010 and can be found at item number 7 of the Agenda. STRATEGIC IMPLICATIONS Conference attendance provides representatives with additional information that is relevant in the development of the Council’s Strategic Plan. FINANCIAL IMPLICATIONS The estimated total cost for registration, accommodation and travel is $51,765.00. This estimated cost is based on package 2 (full package with workshop and dinner) for members, using early bird registration, staying in a standard room at the Holiday Inn on Flinders and flying Qantas economy class travel. On this occasion economy class travel is preferred due to the potential number of attendees. Alternative registration and accommodation options are available and a breakdown of the estimated total cost is outlined in Attachment 1 to this Item. COMMENT Not applicable MRC OFFICER RECOMMENDATION That Council authorise attendance of the following representatives at the Enviro 2010 Conference and Exhibition to be held in Melbourne from 21 – 23 July 2010.

1. Cr Fishwick 10. K Poynton

2. Cr Hollywood 11. J Giorgi

3. Cr Farrell 12. P Hoar

4. Cr Butler 13. K Caple

5. Cr Boothman 14. D Forster

6. Cr Cooke 15. E Albrecht

7. Cr Robbins 16. C Colyer

8. Cr Stewart 17. R Lotznicker

9. Cr Bissett

ITEM 8.2.6



Page 121

TECHNICAL WORKING GROUP – 1 APRIL 2010 Nil discussion. TWG OFFICERS RECOMMENDATION That Council authorise attendance of the following representatives at the Enviro 2010 Conference and Exhibition to be held in Melbourne from 21 – 23 July 2010.

1. Cr Fishwick 10. K Poynton 2. Cr Hollywood 11. J Giorgi 3. Cr Farrell 12. P Hoar 4. Cr Butler 13. K Caple 5. Cr Boothman 14. D Forster 6. Cr Cooke 15. E Albrecht 7. Cr Robbins 16. C Colyer 8. Cr Stewart 17. R Lotznicker 9. Cr Bissett

ITEM 8.2.6



Page 122

ATTACHMENT 1

TO ITEM 6

TECHNICAL WORKING GROUP MEETING

1 APRIL 2010

ESTIMATED REGISTRATION, ACCOMMODATION, TRAVEL COSTS

ITEM 8.2.6



Page 123

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Page 126

ITEM 7 MINDARIE REGIONAL COUNCIL – POLICY DOCUMENTATION – REVIEW OF EXISTING POLICIES

File No: COR/23 (D/10/1918) Attachment(s): 1. 4A Conference and Training 2. 12B Occupational Safety and Health 3. 14B Contingency Management 4. 16B Smoking in the Workplace Author: Kathleen van Son

SUMMARY The purpose of this item is to commence the process of Council approval to new Mindarie Regional Council (MRC) Policies. BACKGROUND Council had previously agreed that an exercise should be conducted to review MRC policies and obtain Council approval to revised policy documents. This process has commenced and Council consideration of the initial work is now appropriate. DETAIL Structure of Business Documentation The Council utilises a business manual which comprises both policies and procedures. These documents are reviewed on a regular basis. Review Progress The exercise for the reviewing and creating of policies has progressed to the point of a review of Part 1 – Governance and Part B – Business. Copies of these documents are now presented for Council approval and are described at Attachments to this Item. CONSULTATION Consultation took place with the MRC’s Management Team and Safety Officer. RATIONALE FOR CHANGE

• Policy 4A Conference and Training - Attendance Criteria - consideration is given to the specifics of the

conference when determining the number of attendees. This new information has been provided in bold italics

- Various grammatical changes and deletions throughout this policy have been provided in bold italics

• Policy 12B Occupational Safety and Health - No changes are required of this policy

ITEM 8.2.7



Page 127

• Policy 14B Contingency Management - The words Influenza Pandemics have been included in bold italics

• Policy 16B Smoking in the Workplace

- This policy has been revised and changes are provided in bold italics. The revision is due to changes in the following legislation:

1. WA OSH regulations Part 3, division 3, subdivision 2

2. Tobacco Products Control Regulations 2006, regulation 8

3. WA Dangerous Good Safety (Storage and Handling of non-explosives) regulations 2007

STATUTORY ENVIRONMENT Not applicable. POLICY IMPLICATIONS Mindarie Regional Council’s approved policies will form part of the Council’s business manual. STRATEGIC IMPLICATIONS This review will have no direct strategic implications. COMMENT The administration has commenced the process of the review of business documentation. These existing policies are now submitted for Council consideration and approval. MRC OFFICER RECOMMENDATION That Council approve revised policies as follows:

(i) 4A Conference and Training

(ii) 12B Occupational Safety and Health

(iii) 14B Contingency Management

(iv) 16B Smoking in the Workplace TECHNICAL WORKING GROUP – 1 APRIL 2010 Nil discussion. TWG OFFICERS RECOMMENDATION That Council approve revised policies as follows:

(i) 4A Conference and Training (ii) 12B Occupational Safety and Health (iii) 14B Contingency Management (iv) 16B Smoking in the Workplace

ITEM 8.2.7



Page 128

ATTACHMENT 1

TO ITEM 7


1 APRIL 2010

POLICY 4A CONFERENCE AND TRAINING

ITEM 8.2.7



Page 129

Mindarie Regional Council Business Manual – Policies POLICY NO: 4A POLICY: CONFERENCE AND TRAINING ISSUED: SEPTEMBER 1998 REVIEWED: APRIL 2000, MAY 2005, APRIL 2010 OBJECTIVE: The objective of this policy is to describe the arrangements for the representation of the Council by both elected members and officers at, conferences/study tours/training workshops (herein after referred to as “the event”) both within the State and interstate or overseas.

POLICY: 1. Conference Attendees

As a general rule, the number of attendees attending conferences should be considered in relation to the specific conference.

2. Attendance Criteria The attendance criteria associated with attendance at any conference are, generally, as follows:

2.1. That attendance at any particular conference, either within WA,

interstate or international, should be based on Council’s demand for information, derived from a consideration of recent conference attendances by Council members, the needs of the Council, and the relative experience of the Council at any particular time.

2.2. That the satisfaction of this demand for information should then be

compared to the supply of information from any particular conference, based on conference theme, proposed content, nature of speakers, additional opportunities eg site visits, and the opportunities for networking.

Conference and Training. Issued: 09/98. Rev: 04/00; 05/05; 04/10 4A TRIM: COR/23 Page 1



Page 130


2.3. That final consideration of attendees, and in addition to this supply versus demand comparison, should be based on logistics considerations ie location, cost, timings.

2.4. That a participant Council officer, who is a member of one of the

Council Committees, may attend a conference on behalf of an approved elected member, if required.

3. Conference Authorisation

Authorisation for attendance of the Chief Executive Officer and any Councillors at any event is the responsibility of the Council.

Authorisation of attendance of the CEO at any event is the responsibility of the Chairman. Authorisation for attendance by staff at events within the State is the responsibility of the Chief Executive Officer.

4. Expenses It is the policy of the Council that travel and accommodation be normally of a business class standard, unless major cost savings can be obtained through the utilization of particular conference packages. Subject to approval being granted to attend the event, the following expenses will be met:

4.1. Airfares

4.1.1. Business Class Airfares (unless otherwise determined by Council) to and from the regional airport situated nearest to the event.

4.1.2. All airline tickets purchased are to be insured to enable the ticket

purchase price to be refunded, on occasions whereby a delegate is unable to travel.

4.2. Registration fees

Registration fees shall be interpreted as reasonable expenses associated with conferences and training.

4.3. Accomodation

Accommodation expenses shall be interpreted as reasonable expenses incurred by the delegate for a room at or in close proximity to the event venue.



Page 131


4.4. Meals and incidental expenses in accordance with the State Public Service Award conditions of service and allowances.

4.4.1. Meals expenses shall be interpreted as reasonable expenses

incurred for the purchase of breakfast, lunch, dinner where these are not provided at the event.

4.4.2. Incidental expenses shall be interpreted as reasonable expenses

incurred by the delegate for telephone calls, newspapers, magazines, laundry, public transport and sundry food and beverages.

4.4.3. Claims for meals at venues other than the event will not be paid

by Council when alternate meals are included and have been paid for in the registration fee.

4.5. Transport to and from the airport and intra-city movement. 4.6. A cash advance to cover meals, incidental expenses and intra-city

transport as mentioned in 5.4.2, 5.4.3 and 5.5 above can be paid to the delegate prior to departure for the event.

5. Accompanying Persons / Entertainment Costs

5.1 Claims for expenditure on persons other than the delegate will not be reimbursed except with the authorisation of Council prior to the event.

5.2 The Council will only meet entertainment costs which are a part of the

event and covered by the registration fee (covered by 6.1).

5.3 All flight, accommodation and other programme costs for partners or accompanying persons not authorised by Council shall be met by the delegate at the time of booking.

6. Acquittal of Expenses

6.1 Attendees shall, within seven (7) days of return from the event, provide to the relevant CEO a complete daily breakdown of expenditure relating to the cash advance made under 5.6 and other out of pocket expenses, itemizing individual purchases, and supported by receipts. Any surplus funds from the cash advance shall be returned at the same time.

6.2 Claims for valid business related expenditure, in excess of the cash

advance will only be considered for payment when full details and receipts are provided.

6.3 Elected members failing to acquit expenses in accordance with this

policy shall have the full value of the cash advance deducted from the next quarterly payment of their meeting attendance fees.



Page 132


7. Post Conference Reports Elected members and staff attending the event shall submit an independent or composite report via the Chief Executive Officer for consideration at the appropriate forum within sixty (60) days of the closure of the event.

RESPONSIBILITY The Chief Executive Officer is responsible for the implementation and monitoring of this policy. This includes the quality control associated with the policy, including the demonstration with documentation, of evidence associated with any payments.



Page 133

ATTACHMENT 2

TO ITEM 7


1 APRIL 2010

POLICY 12B OCCUPATIONAL SAFETY AND HEALTH

ITEM 8.2.7



Page 134

POLICY NO: 12B

POLICY: OCCUPATIONAL SAFETY AND HEALTH

ISSSUED: NOVEMBER 1998

REVIEWED: SEPTEMBER 2000, APRIL 2010

OBJECTIVE The objectives of this policy are to: • •

•

Identify and eliminate workplace hazards Provide employees with safety information, hazard identification techniques, supervision and training to ensure safe work practices are followed. Continuously improve the standard of occupational safety and health for all employees, and visitors to the Council’s facilities.

POLICY It is the policy of the Mindarie Regional Council to provide safe and healthy working conditions for employees and to encourage each person to regard accident prevention as a collective and individual responsibility. The Council institutes, maintains and actively encourages safe working systems throughout its operation for the personal wellbeing of each employee.

Under this policy, Supervisors are to provide the initiative and follow up action necessary to maintain the safety of their individual sections and teams. They must ensure that individual employees are safety minded and investigate report and rectify all unsafe conditions and activities. Employees also have a responsibility to report or make recommendations for consideration to identify, eliminate or minimise hazards to agreed appropriate standards of which they are aware with regard to working conditions or methods. Proper use is to be made of all personal protective equipment and plant and equipment in accordance with agreed appropriate standards (e.g. Codes of Practice, Australian Standards and Manufacturers). Observance of this policy and the joint efforts of all employees in the Council will lead to an accident free performance and be of benefit to everyone concerned.

Occupatonal Safety and Health. Issued: 11/98. Rev: 04/00; 09/00; 04/10 12B TRIM: COR/23 Page 1



Page 135

RESPONSIBILITY

The Chief Executive Officer is responsible for the implementation and monitoring of this policy. The Management team is responsible for leadership and the management of all aspects of its operations, including occupational safety and health. It is responsible for the development of policies, programs and procedures in consolation with staff representatives, and the provision of adequate resources to give effect to them. Supervisors are responsible for ensuring that programs are implemented and that policies and procedures are followed.

All employees are required to undertake their responsibilities, in accordance with the Occupation Safety and Health Act 1984, with regard to the identification and elimination of any impediments to the achievement of this policy objective.

NNEX A - FLOWCHART: OCCUPATIONAL HEALTH & SAFETY




Page 136

OccupatiionalHealth &

Safety Policy

Safework Practices

Manual Handling

Electrical Safety

Plant Safety

First Aid

Housekeeping

Smoking

Hazardous Items

Alcohol & Drugs

Public Safety

Personal Protection

Protective Equipment

Standard of Dress

Sun Screen

Glasses

Footwear

Hearing Protection

Respiratory Protection

Hand Protection

Inoculations

Cleaning Items

Head Protection

Education

Return of Items

EmergencyManagement




Page 137

ATTACHMENT 3

TO ITEM 7


1 APRIL 2010

POLICY 14B CONTINGENCY MANAGEMENT

ITEM 8.2.7



Page 138

Mindarie Regional Council Business Manual – Policies

Contingency Plan: Issued: 12/98, Revised: 09/00,; 04/10 14B TRIM: COR/23 Page 1

POLICY NO: 14B

POLICY: CONTINGENCY MANAGEMENT

ISSUED: DECEMBER 1998

REVISED: SEPTEMBER 2000, APRIL 2010

OBJECTIVES:

The objectives of this policy are to:

• Identify and prepare action plans in the event of unforeseen circumstances resulting in the potential disruption of Council’s daily activities;

• Provide employees with training and information to ensure safe work practices are maintained in such circumstances; and

• Continue to provide the level of service expected by the client.

POLICY

It is the policy of the Mindarie Regional Council to ensure that backup measures are available whenever unforeseen circumstances may occur. Such measures are to include action to be taken in the event of the failure of any plant, including the weighbridge, influenza pandemics and where a shortage of labour may occur on a given day. The contingency plan is to fully address all such possibilities. Council has to define the factors that may adversely affect its ability to perform its works and to provide service to its customers. In this regard, a contingency plan outlining the remedial action that would be taken to ensure that its services are provided at all times irrespective of any plant and equipment failure, personnel availability and any other factor that may adversely affect Council’s performance of its obligations. A key element of this plan is to ensure that some multi-skilling of staff occurs, so that a level of internal cross coverage, in the event of staff non-availability, is possible. Under this policy, Supervisors are to provide the initiative and follow up action necessary to maintain the level of service by instigating the



Page 139

Mindarie Regional Council Business Manual – Policies

contingency plan and re-sourcing the relevant part of the Council’s operations to ensure this occurs.

RESPONSIBILITY

The Chief Executive Officer is responsible for the leadership, management and monitoring of this policy. The Management team is responsible for leadership management of all aspects of its operations. The Management Team is responsible for the development of policies, programmes and procedures in consultation with staff representatives to ensure the provision of adequate resources to give the level of service required.

Equal Opportunity Issued: 09/98, Revised: 05/05, 03/09 14B TRIM: COR/23 Page 2 ITEM 8.2.7



Page 140

ATTACHMENT 4

TO ITEM 7


1 APRIL 2010

POLICY16B SMOKING IN THE WORKPLACE

ITEM 8.2.7



Page 141

Mindarie Regional Council Business Manual – Policies POLICY NO: 16B POLICY: SMOKING IN THE WORKPLACE ISSUED: SEPTEMBER 1998 REVIEWED: SEPTEMBER 2000, APRIL 2010 OBJECTIVE: The objectives of this policy are to:

• To provide employees with a healthy smoke free workplace; • to prohibit smoking by employees whilst in the presence of customers; and • provide employees with information about the hazards of smoking and the effects it

will have upon their health and to encourage the genuine cessation of the habit. POLICY: It is the policy of the Mindarie Regional Council to provide safe and healthy working conditions for all employees. Accordingly, Council is committed to ensure that employees are not put at risk from passive smoking and to encourage those employees who are smokers to cease the habit. This may include a contribution towards a recognised cessation programme. All Council buildings, (including enclosed and covered courtyards), plant and vehicles are deemed to be non smoking areas, and this should be advertised, where appropriate. In addition to these, the landfill area, both current and complete, and within 10 metres of potential ignition sources eg: fuel tanks and household hazardous waste sheds are designated as no smoking areas. These restrictions are inline with the legislative requirements of: o WA OSH regulations Part 3, division 3, subdivision 2 – Protection from Tobacco

smoke. o Tobacco Products Control Regulations 2006 – reg.8 – Prohibition of smoking in

enclosed public places. o WA dangerous Goods Safety (Storage and Handling of non-explosives)

regulations 2007 - section 56. Under this policy, Supervisors are to provide the initiative and follow up action necessary to maintain the safety of employees. They must ensure that individual employees are aware of the dangers of smoking and passive smoking. Further training and education should be available for employees, if requested.

Smoking in the Workplace: Issued: 09/1998, 09/00; 04/10 16B TRIM: COR/23



Page 142

Employees who smoke contrary to this policy may be subject to disciplinary action. This policy is to be read in conjunction with Policy No 12B Occupational Safety and Health Policy. RESPONSIBILITY The Chief Executive Officer is responsible for the implementation and monitoring of this policy. The Management team is responsible for leadership and the management of its operations, including the health of all employees. It is responsible for the development of policies and programmes in consolation with staff representatives. Supervisors are responsible for ensuring that the policy is implemented. They are to follow up on any breaches and to encourage those employees desiring to quit. All employees are required to understand their responsibilities about smoking and passive smoking in the workplace and to communicate any breaches initially to the employee concerned and if no satisfactory resolution, to their supervisor.

Smoking in the Workplace: Issued: 09/1998, 09/00; 04/10 16B TRIM: COR/23



Page 143

ITEM 8 TAMALA PARK WEIGHBRIDGE BUILDING RECONSTRUCTION Tender No: 13/106 File No: COP /12 (D/10/1919) Attachment(s): 1. Tender Document 2. Hodge and Collard Tender Assessment Author: Mike Tolson

SUMMARY The purpose of this item is to provide the Council with information to approve the recommended tender for renovation works at Tamala Park. BACKGROUND Early morning on the 22nd December 2009, the outbound weighbridge at Tamala Park was struck by a City of Perth waste vehicle causing substantial damage to the portal canopy and weighbridge building. This tender is to select a suitable contractor to complete the renovation works to restore the canopy and the weighbridge building. An additional financial element of this tender is for the cost of construction of two steel height limiters to be installed at the entry points of the inbound and outbound weighbridges to prevent similar damage occurring to the weighbridge in the future. DETAIL Tender Organisation A public tender advertised an invitation, via The Western Australian on 06 March 2010 for suppliers to tender. Tender document is at Attachment One. The tender was closed 19 March 2010 with four suppliers responding to the request for tender. Details of tenderers are as follows: Tenderers Tender Amount Construction Time

Connolly Building Company $111,347.00 10 weeks

Devco Builders $140,274.00 12 weeks

Mellings Building and Maintenance $148,819.00 Did not advise

Orixon Pty Ltd $163,744.00 12 weeks The tender amounts indicated are inclusive of GST. Tender Assessment Independent third party organisations are used by the Council’s administration to prepare the tender documents, open and assess the tenders submitted and provide a report to the Council. This process is used to ensure openness and transparency of Council purchasing procedures. The assessment for this tender was prepared by Nic Preston of Hodge and Collard Architects – an organisation on the MRC panel contract for this type of work. A copy of the tender assessment and associated documents are included as Attachment Two to this item.

ITEM 8.2.8



Page 144

Selection Criteria The selection criteria for this project are as follows:

• Qualitative Criteria

• Compliance Criteria

• Referees

• Schedule of rates Qualitative Criteria The four tenderers qualitative criteria are listed below:

Tenderer Price Offered 60%

Project Experience 20%

Personnel Experience 20%

TOTAL

Connolly Building Company 60 15 17.5 92.5%Devco Builders 50 20 20 90%Mellings Building and Maintenance 45 10 10 65%

Orixon Pty Ltd 40 9 15 64% The lowest tendered price from Connolly Building Company is $111,347.00 which includes an $11,000.00 Contingency Sum. The Probable Estimate of Construction Cost was $104,654 with the difference of 6% is well within industry tolerances. The nature of renovation works can result in uncertainty within tendering, with tenderers factoring in their own “safety” margins. Compliance Criteria

Compliance Criteria Tenderers Submitted

on time 1.7.1a b c d e f

Connolly Building Company Yes Yes Yes No Yes Yes Yes

Devco Builders Yes Yes Yes No Yes Yes Yes

Mellings Building & Maintenance Yes Yes No No Yes No No

Orixon Pty Ltd Yes Yes Yes No Yes Yes No

The tenders from Connolly Building Company and Devco Builders (the two lowest tenderers and highest qualitative scores) were both compliant tenders whilst Mellings Building and Maintenance and Orixon Pty Ltd did not submit all of the required information which is portrayed in their lower qualitative scores. This lack of compliance criteria practically renders the last two tenders non compliant.

ITEM 8.2.8



Page 145

Reference Checks Connolly Building Company, 3 referees when contacted for comment, their responses as follows:-

1. Positive feedback from an architect Connolly Building Company is currently working for.

2. Positive feedback from another architect Connolly Building Company has worked for with mention of some minor quality issues regarding standard of work, but all issues were rectified promptly by Connolly Building Company upon request.

3. Moderate feedback from a client of Connolly Building Company with some minor problems onsite but commented Connolly Building Company would be able to undertake the Weighbridge Works.

Devco Builders, two referees were contacted with both responses being positive. Schedule of Rates Connolly Building Company’s schedule of rates which were a requirement of the tender submission are highly competitive compared to Devco Builders rates although item 2.2 (costing for a GPO) will need to be clarified due to a suspected typing error. This error has no effect on the tender recommendation. Comment Connolly Building Company project experience stated in their tender submission was for projects of similar scopes including refurbishments, renovation, steel framed roof entry stated all were undertaken for local councils and the state government departments. Issues raised by the reference checks of the Connolly Building Company were of minor nature, i.e. some supervision of sub-contractors, resulting in minor quality of work issues but the issues were addressed immediately by Connolly Building Company upon notification. The minor risks associated with Connolly Building Company references are outweighed by the price difference between Connolly Building Company’s $111,347.00 total project cost to the second lowest tender from Devco Builders of $140,274.00 total project cost, a difference of $28,927.00 or 21%. Based on the tender submissions, compliance criteria and qualitative criteria Connolly Building Company represents the best value with a tender assessment of 92.5% and price of $111,347.00 including an $11,000.00 Contingency Sum and a 10 week construction period. STATUTORY ENVIRONMENT Not applicable POLICY IMPLICATIONS Not applicable

ITEM 8.2.8



Page 146

FINANCIAL IMPLICATIONS There is no provision for these works within the context of the Budget 2009/2010. A cost of $105,175.00 will borne the Local Government Insurance Service, however an additional amount of $6,172.00 is required to meet construction costs of the two height restrictors. Site handover is planned to occur on 30 April 2010 with construction to be completed August 2010. The additional funding required is included in Budget 2010/2011. Hodge and Collard cost for preparation and assessment of the tender assessment was $5,720.00. STRATEGIC IMPLICATIONS Nil MRC OFFICER RECOMMENDATION That Council:



(iii) approve an additional expenditure of $6,172.00 for construction of two height

restrictors TECHNICAL WORKING GROUP – 1 APRIL 2010 The CEO advised that work by Mr King to establish ‘tender templates’ is in progress. TWG OFFICERS RECOMMENDATION That Council:



(iii) approve an additional expenditure of $6,172.00 for construction of two

height restrictors

ITEM 8.2.8



Page 147

ATTACHMENT 1

TO ITEM 8


1 APRIL 2010

TENDER DOCUMENT

ITEM 8.2.8



Page 148

Page 1 of 20

Mindarie Regional Council

REQUEST FOR TENDER

Request for Tender (RFT)

WEIGHBRIDGE BUILDING / CANOPY

RECONSTRUCTION AND NEW HEIGHT

RESTRICTIONS AT TAMALA PARK WASTE

DISPOSAL FACILTY

Deadline

12 Noon on 19

th March 2010

Address for Delivery

“The Tender Box”

RFT 13/106

Tamala Park


1700 Marmion Avenue

MINDARIE WA 6030

RFT Number

13/106



Page 149

Page 2 of 20

TABLE OF CONTENTS

PART NUMBERS

1 PRINCIPAL’S REQUEST

2 SPECIFICATION AND SPECIAL CONDITIONS OF CONTRACT

3 TENDERER’S OFFER



Page 150

PART 3 COMPLETE AND RETURN THIS PART

Page 3 of 20

1 PRINCIPAL’S REQUEST

1.1 CONTRACT REQUIREMENTS IN BRIEF This contract is for the supply of materials and the reconstruction of a portion of the existing weighbridge building, replacement and extension of a steel framed canopy and construction of second (2) new steel portal height restrictions at the Mindarie Regional Council (MRC) Waste Management Facility at Tamala Park. A full statement of the requirements under the proposed contract is detailed in the Specification and Special Conditions of Contract-Part 2.

1.2 TENDER DOCUMENTS

This Request for Tender is comprised of the following parts: (a) Part 1 - Principal’s Request (read and keep this part); (b) Part 2 – Contract Documents and Annexure PART A of AS 2124 (read

and keep this part); and (c) Part 3 - Tenderer’s Offer (complete and return this part).

1.3 DEFINITIONS Below is a summary of some of the important defined terms used in this Request:

Attachments: The documents you attach as part of your Tender; Deadline: The deadline for lodgement of your Tender; General Conditions

of Contract: Means the General Conditions of Contract nominated in clause 1.10.9;

Offer: Your offer to be selected to supply the Requirements;

Principal: Mindarie Regional Council Request: This document; Requirements: Supply of materials and reconstruction of a portion

of the existing weighbridge building, replacement and extension of a steel framed canopy and construction of a 2nd new steel portal height restrictions and Mindarie Regional Council Waste Management Facility at Tamala Park.

Selection Criteria:

The criteria used by the Mindarie Regional Council in evaluating your Tender;

Special Conditions: Additional contractual terms; Specification: The statement of Requirements that the Mindarie

Regional Council requires you to meet if selected. Tender: Your completed Offer form, response to the

Selection Criteria and Attachments; Tenderer: Someone who has or intends to submit an Offer to

the Mindarie Regional Council.

1.4 HOW TO PREPARE YOUR TENDER

(a) Carefully read all parts of this document. (b) Ensure you understand the Requirements (c) Complete the Offer (Part 3) in all respects and attach all your Attachments. (d) Make sure you have signed the Offer Form and responded to all of the

Selection Criteria. (e) Lodge your Tender before the Deadline.



Page 151


Page 4 of 20

1.5 CONTACT PERSONS

Tenderers should not rely on any information provided by any person(s) other than those listed below: Contractual Enquiries

Name: Hodge and Collard Architects Matthew Cornell [email protected] 9322 5104

Specification Enquiries

Name: Hodge and Collard Architects Matthew Cornell [email protected] 9322 5104

All Tender Requests enquires should be in writing.

1.6 EVALUATION PROCESS This is a Request for Tender (RFT). Your Tender will be evaluated using information provided in your Tender. The following evaluation methodology will be used in respect of this Request: (a) Tenders are checked for completeness and compliance. Tenders that do

not contain all information requested (eg completed Offer form and Attachments) may be excluded from evaluation.

(b) Tenders are assessed against the Selection Criteria. Contract costs are evaluated, eg tendered prices and other relevant whole-of life costs are considered.

(c) The most suitable Tenderers may be short listed and may also be required to clarify the Tender, make a presentation, demonstrate the product offered and/or open their premises for inspection. Referees may also be contacted prior to the selection of the successful Tenderer.

A contract may then be awarded to the Tenderer, whose Tender is considered the most advantageous tender to the Principal.

1.7 SELECTION CRITERIA

The Principal has adopted a best value for money approach to this Tender. The Contract will be awarded to a sole Tenderer who best demonstrates the ability to provide quality products at a competitive price. The tendered prices will be assessed with the following qualitative and compliance criteria to determine the most advantageous outcome to the Principal. This means that, although price is considered, the Tender containing the lowest price or any Tender will not necessarily be accepted, nor will the Tender ranked the highest on the qualitative criteria.

1.7.1 COMPLIANCE CRITERIA

These criteria will not be point scored. Each Tender will be assessed on a Yes/No basis as to whether the criterion is satisfactorily met. An assessment of “No” against any criterion may eliminate the Tender from consideration.

Description of Compliance Criteria

Yes/No

(a) Compliance with the Specification

contained in the Request.

Yes/No



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(b) Compliance with the Conditions of

Tendering this Request.

Yes/No

(c) The Quality Assurance requirement for

this Request is that the tender’s QA be nationally recognised.

Yes/No

(d) Compliance with the Delivery Date.

Yes/No

(e) Compliance with and completion of

Part 3, Attachments A and B.

Yes/No

(f) Compliance with Referees. Tenderers

are to list the names of the State Public or Authorities and / or private companies which are utilised the tenderer to services together with references (name and telephone number)

Yes/No

1.7.2 QUALITATIVE CRITERIA

In determining the most advantageous “Value for Money” Tender, the Evaluation Panel will score each Tenderer against the qualitative criteria. It is essential that Tenderers address each qualitative criterion. Tender information will be used to select the chosen Tenderer, and failure to provide any of the specified information may result in the elimination from the Tender evaluation process. The qualitative criteria for this Request are as follows:

Description of Qualitative Criteria

Weighting

(a) Price offered

60%

(b) Demonstrated and relevant experience in and

evidence of the construction of similar or relevant projects

20%

(c) Skills and experience of key personnel. (The

technical aspects and the organisational capacity to service the Contract)

20%



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1.7.3 PRICE CONSIDERATIONS

NON-WEIGHTED COST CRITERIA

The tendered price will be considered along with related factors affecting the total cost to the Principal. Eg the whole of lifetime operating costs of goods or the Principal’s contract management costs or risk assessment may also be considered in assessing the best value for money outcome.

1.8 MRC POLICIES THAT MAY AFFECT SELECTION

Legislated State and Commonwealth Government Occupational Health and Safety Regulations must be met.

1.9 PRICE BASIS

OPTION A-FIXED PRICES

All prices for goods/services offered under this Request shall be offered in Australian Dollars and fixed for the term of the Contract. Tendered prices must clearly identify and include Goods and Services Tax (GST). Any charge not stated in the Tender, as being additional will not be allowed as a charge for any transaction under any resultant Contract.

1.10 CONDITIONS OF TENDERING

1.10.1 DELIVERY METHOD Tenders may be: (a) Delivered by hand by the Tenderer or the Tenderer’s agent to “The Tender Box” RFT 13/106 Tamala Park

Mindarie Regional Council 1700 Marmion Avenue MINDARIE WA 6030

(b) Or mailed addressed to: The Chief Executive Officer “The Tender Box” RFT 13/106

Tamala Park Mindarie Regional Council 1700 Marmion Avenue MINDARIE WA 6030

NB - Electronic mail (email) Tenders or Tenders submitted by facsimile will

not be accepted.

1.10.2 LODGEMENT OF TENDERS

The Tender must be lodged by the Deadline. The Deadline for this Request is 12

Noon on 19th

March 2010 The Tender must be: (a) Placed in a sealed envelope;



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(b) Clearly endorsed with the tender number and titled as shown on the front cover of this Request;

Tenderers must ensure that they have provided 2 signed copies of their Tender (one to be marked “ORIGINAL” and bound, the others to marked “COPY”. Any brochures or pamphlets must be attached to both the original and the copies. All pages must be numbered consecutively and the Tender must include an index.

1.10.3 REJECTION OF TENDERS

A Tender shall be rejected without consideration of its merits in the event that it is not submitted before the Deadline and at the place specified in the Request and may be rejected if it fails to comply with any other requirements of the Request.

1.10.4 LATE TENDERS Tenders received after the Deadline will not be accepted for evaluation.

1.10.5 ACCEPTANCE OF TENDERS

Unless otherwise stated in this Request, Tenders may be for all or part of the Requirements and may be accepted by the Principal either wholly or in part. The Principal is not bound to accept the lowest Tender and may reject any or all Tenders submitted.

1.10.6 DISCLOSURE OF CONTRACT INFORMATION

Documents and other information relevant to the contract may be disclosed when required by law under the Freedom of Information Act 1992 or under a Court order. All Tenderers will be given particulars of the successful Tenderer or advising that no Tender was accepted.

1.10.7 ALTERNATIVE TENDERS

A conforming Tender shall accompany all Alternative Tenders.

Tenders submitted as Alternative Tenders or made subject to conditions other than the General and Special Conditions of Contract shall in all cases arising be clearly marked “ALTERNATIVE TENDER”. The Principal may in its absolute discretion reject any Alternative Tender as invalid. Any printed “General Conditions of Contract” shown on the reverse of a

Tenderers letter or quotation form will not be binding on the Principal in

the event of a Contract being awarded unless the Tender is marked as an

Alternative Tender.

1.10.8 TENDER VALIDITY PERIOD All Tenders shall remain valid and open for acceptance for a minimum period

of three (3) months from the Deadline or ninety (90) days from the Council’s resolution for determining the Tender whichever is the later unless extended on mutual agreement between the Principal and the Tenderer in writing.

1.10.9 GENERAL CONDITIONS OF CONTRACT Tenders shall be deemed to have been made on the basis of and to incorporate the General Conditions of Contract for the Supply of Goods and the Provision of Services.



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1.10.10 PRECEDENCE OF DOCUMENTS

In the event of there being any conflict or inconsistency between the terms and conditions in this Request and those in the General Conditions of Contract, the terms and conditions appearing in this Request shall have precedence.

1.10.11 TENDERERS TO INFORM THEMSELVES Tenderers shall be deemed to have: (a) Visited the site and inspected the prospective works (b) Examined the Request and any other information available in writing to

Tenderers for the purpose of Tendering; (c) Examined all further information relevant to the risks, contingencies, and

other circumstances having an effect on their Tender which is obtainable by the making of reasonable enquires;

(d) Satisfied themselves as to the correctness and sufficiency of their Tenders including Tendered prices which shall be deemed to cover the cost of complying with all the Conditions of Tendering and of all matters and things necessary for the due and proper performance and completion of the work described therein; and

(e) Acknowledged that the Principal may enter into negotiations with a chosen Tenderer. Negotiations shall be carried out in good faith.

1.10.12 ALTERATIONS The Tenderer shall not alter or add to the Request documents unless required by these Conditions of Tendering. The Principal shall issue an addendum to all Tenderers where matters of significance make it necessary to amend the issued Request documents before the Deadline.

1.10.13 RISK ASSESSMENT The Principal may have access to and give consideration to: (a) Any risk assessment undertaken by Dun and Bradstreet; or any other

credit rating agency; (b) Any information produced by the Bank, financial institution, or accountant

of a Tenderer; and (c) Any supporting facilities and/or organisations available to Tenderers in the

Tender assessment process.

1.10.14 OWNERSHIP OF TENDERS All documents, materials, articles and information submitted by the Tenderer as part of or in support of a Tender shall become upon submission the absolute property of the Principal and will not be returned to the Tenderer at the conclusion of the Tender process PROVIDED that the Tenderer shall be entitled to retain copyright and other intellectual property rights therein, unless otherwise provided by the Contract.

1.10.15 CANVASSING OF COUNCILLORS

If a Tenderer, whether personally or by an agent, canvasses any of the Principal’s

commissioners or councillors (as the case may be) with a view to influencing the acceptance of any Tender made by it or any other Tender, then regardless of such canvassing having any influence on the acceptance of such Tender, the Principal may at its discretion omit the Tender from consideration.



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1.10.16 IDENTITY OF THE TENDERER The identity of the Tenderer and the Tenderer is fundamental to the Principal. The Tenderer shall be the person, persons, corporation or corporations named as the Tenderer in Part 3 and whose execution appears on the Offer Form in Part 3 of this Request. Upon acceptance of the Tender, the Tenderer shall become the Tenderer.

1.10.17 ADDENDA – TENDERING

No explanation or amendment to the Tender Documents shall be recognised

unless in the form of a written addendum thereto (“Addenda”) issued by or on behalf of (…name of Principal…).

All Addenda issued shall become part of the Tender Documents and

additional costs shall be deemed to be included in the Tender Sum. Tenderers shall acknowledge, at the time of submitting tenders, receipt of all Addenda issued during the tender period.

1.10.18 AMBIGUITIES AND DISCREPANCIES IN TENDER DOCUMENTS

If either the Principal or the Tenderer discovers any ambiguities or

discrepancies in the tender documents, before the date of execution of the Building Works Contract, that party shall immediately notify the other party in writing. The Architect - Hodge & Collard Pty Ltd, in such case, shall direct the Tenderer as to the proper interpretation or meaning of the Tender Documents, which direction shall be final and binding on both parties.

1.10.19 DATE OF POSSESSION – TENDERING

The date on which the Principal is to make the Site (as described in the

Building Works Contract) available to the successful Tenderer shall be (.………date…………..) unless otherwise notified by the Architect.

1.10.20 TENDER OPENING All Tenderers and members of the public may attend or be represented at the opening of Tenders. All Tenders will be opened in the Principal’s offices, following the advertised Deadline. No discussions will be entered into between Tenderers’ and the Principal’s officers present or otherwise, concerning the Tenders submitted. NO PRICES WILL BE REVEALED AT THE TENDER OPENING The Tender opening will be held at 12.05 pm on 19

th March 2010 at “Tamala

Park”, Mindarie Regional Council, 1700 Marmion Avenue MINDARIE

WA 6030



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2 CONTRACT DOCUMENTS AND ANNEXURE PART A OF AS 2124

2.1 CONTRACT DOCUMENTS

Hodge and Collard Specification Architectural Drawing Nos. 0410 W1 revision A 0410 W2 revision A 0410 W3 revision A Structural Drawings 0658 S1.01 revision 2 0658 S2.01 revision 2 0658 S2.02 revision 2

2.2 SPECIAL CONDITIONS OF CONTRACT

A7.02 Annexure Part A Copy of annexure to General conditions of contract

The annexure to the General Conditions of Contract have been reproduced

with permission of Standards Australia, 1 The Crescent, Homebush NSW

2140

The law applicable is that of the State or Territory of: (Clause 1)

Western Australia

Payments under the Contract shall be made at: (Clause 1)

Perth W.A.

The Principal is: (Clause 2)


The address of the Principal is: Tamala Park


1700 Marmion Avenue

MINDARIE WA 6030

The Superintendent shall be: (Clause 2)

T.B.A.

The address of the Superintendent is:

The address of the person nominated by the Principal



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Limits of accuracy applying to quantities for which the Principal accepted a rate or rates: (Clause 3.3(b))

Not Applicable

Bill of Quantities - The alternative applying: (Clause 4.1)

Not Applicable

The time for lodgement of the priced copy of the bill of quantities is: (sub-Clause 4.2)

Not Applicable

Contractor shall provide security in the amount of: (Clause 5.2)

5% of the Value of Work in lieu of retention moneys.

Principal shall provide security in the amount of: (Clause 5.2)

Not Applicable

The period of notice required of a party’s intention to have recourse to retention moneys and/or to convert security: (Clause 5.5)

7 days

The percentage to which the entitlement to security and retention moneys is reduced: (Clause 5.7)

50%

Interest on retention moneys and security - the alternative applying: (Clause 5.9)

Not Applicable

The number of copies to be supplied by the Principal: (Clause 8.3)

2

The number of copies to be supplied by the Contractor: (Clause 8.4)

2

The time within which the Superintendent must give a direction as to the suitability and return the Contractor’s copies: (Clause 8.4)

14 days

Work which cannot be subcontracted without approval: (Clause 9.2)

All Work

The percentage of profit and attendance: (Clause 11(b))

Not Applicable

The amount or percentage for profit and attendance: (Clause 11(c))

Not Applicable



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Insurance of the works - the alternative applying: (Clause 18)

Alternative 2

The assessment for insurance purposes of the costs of demolition and removal of debris: (Clause 18(ii))

5% of Value of Work

The assessment for insurance purposes of consultants’ fees: (Clause 18(iii))

5% of Value of Work

The value of materials to be supplied by the Principal: (Clause 1 8(iv))

$ NIL

The additional amount or percentage: (Clause 18(v))

$ NIL

Public liability insurance - the alternative applying: (Clause (19)

Alternative 2

The amount of Public liability insurance shall be not less than: (Clause 19)

$10 Million

The time for giving possession of the site: (Clause 27.1)

T.B.A.

The date for Practical Completion: (Clause 35.2)

T.B.A.

Liquidated damages per day & other damages: (Clause 35.6)

$1,000.00 / week

Limit of Liquidated damages: (Clause 35.7)

Not Applicable

Bonus per day for early Practical completion: (Clause 35.8)

Not Applicable

Limit of bonus: (Clause 35.8)

Not Applicable

Extra costs for Delay or Disruption: (Clause 36)

No Extra Events

The Defects liability period: (Clause 37)

52 calendar weeks from date of Practical Completion

The charge for overheads, profit etc. for daywork: (Clause 41(f))

10%

Times for Payment claims: (Clause 42.1)

Same Date each Month

Unfixed plant and materials for which payment claims may be

Refer to Annexure Part B for amendment to Paragraph 6. of



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Page 13 of 20

made notwithstanding that they are not incorporated in the works: (Clause 42.1 (ii))

Clause 42.1

Retention moneys on: (Clause 42.3)

Not Applicable

Unfixed plant or materials - the alternative applying: (Clause 42.4)

Alternative 2

The rate of interest on overdue payments: (Clause 42.9)

Supreme Court rates as at the date of Acceptance of the Tender

The delay in giving possession of the site which shall be a substantial breach: (Clause 44.7)

T.B.A.

The alternative required in proceeding with dispute resolution: (Clause 47.2)

Alternative 1 (refer to amendment noted in Part B)

The person to nominate an arbitrator: (Clause 47.3)

Chairperson of WA Chapter of Arbitrators (subject to Part B Provisions)

Location of arbitration: (Clause 47.3)

Perth, Western Australia

A7.03 ANNEXURE PART B

• The following clauses have been deleted from the General Conditions in AS 2124 - 1992

Clause 3.2 .............................................................................................. Clause 5.9 Alternative 1

Clause 3.3 ............................................................................................... Clause 18 Alternative 2

Clause 4.1 ............................................................................................... Clause 19 Alternative 2

Clause 4.2 .................................................................................................................... Clause 35.7

Clause 4.3 .................................................................................................................... Clause 35.8

Clause 4.4 ...................................................................................... Clause 42.4 Alternative 1 & 3

.................................................................................................... Clause 47.2 Alternative 2

• The following clauses have been amended and differ from the corresponding clauses in AS 2124 - 1992

Clause 35.6 Insert “and Other Damages” following the word “Completion” in the clause heading. Insert the following new paragraph at line 57: If the Contract fails to comply with the Clause 2.2.3, Site Clearing, and as a result of negligence or failure on behalf of the Contractor to comply the Principal incurs a



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penalty for breach of the conditions listed under Clause 2.2.3 then the Principal shall be entitled to Liquidated damages for the amount of the penalty.” Clause 42.1 Delete the 6th paragraph, commencing with: “Notwithstanding clause 42.4, the Principal shall….” and finishing with: “….adequately protected.”, and in lieu thereof substitute the following new paragraph. Notwithstanding clause 42.4, the Principal shall be obliged to pay for any item of unfixed plant and materials where that item is listed in the Annexure, provided the Contractor:

i) Establishes to the satisfaction of the Superintendent that the Contractor has paid

for the item, and the item is properly stored, labelled the property of the Principal and adequately protected; and

ii) Provides additional security in one of the forms provided by clause 5.3 in an

amount equal to the payment claimed for the item.

Clause 42.7 – Delete Line 51: “Defects Liability Period” and replace with “Date of Practical Completion and will include all variation claims and any amounts due under the Contract other than the Security held under Clause 5.2.” Clause 42.8 – Delete Lines 7,8. And 9 And Insert “Within 14 days after the expiration of the Defects Liability Period where there is more than one the last to expire, the Superintendent shall …………….” Clause 47.2 Alternative 1 – Delete Paragraph 2 commencing with “In the event that…..” and finishing with…. “such dispute to arbitration or litigation” and replace with “in the event that the dispute cannot be so resolved within 60 days after service of the notice of dispute, if either party considers the other party is not making reasonable efforts to resolve the dispute, either party may by notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration or litigation. Failure by either party to refer the dispute to arbitration or litigation within the 60 day period will imply the dispute is resolved.

• The following clauses have been added to those of AS 2124 – 1992 N/A .............................................................................................................................................



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4 TENDERER’S OFFER

3.1 OFFER FORM

The Chief Executive Officer “Tamala Park”

Mindarie Regional Council 1700 Marmion Avenue MINDARIE WA 6030

I/We (BLOCK LETTERS)

________________________________________________________________________________________________________________________________ ADDRESS: ________________________________________________________________________________________________________________________________________________________________________________________________ ABN/GST Status_______________________ ACN (if any)________________________________ Telephone No: _________________________ Facsimile No: _____________________ E-mail: ________________________ IN RESPONSE TO RFT 13/106 FOR THE WEIGHBRIDGE

BUILDING/CANOPY RECONSTRUCTION AND NEW HEIGHT

RESTRICTIONS AT TAMALA PARK WASTE DISPOSAL FACILITY

I/We agree that I am/We are bound by, and will comply with this Request and its associated schedules, attachments, all in accordance with the Conditions of Tendering contained in this Request signed and completed. The tendered price is valid up to three (3) months from the date of the tender

closing or ninety (90) days from the Council’s resolution for determining the

Tender whichever is the later unless extended on mutual agreement between the Principal and the Tenderer in writing. I/We agree that there shall be no cost payable by the Principal towards the preparation or submission of this Tender irrespective of its outcome. The tendered consideration is as provided under the schedule of rates of prices in the prescribed format and submitted with this Tender. Dated this: __________ day of ______________________2009 Signature of authorised signatory of Tenderer: __________________________________ Name of authorised signatory (BLOCK LETTERS): _____________________________ Position: ________________________________________________________________ Address: ________________________________________________________________ Witness Signature: _______________________________________________________ Name and Position of witness: (BLOCK LETTERS): ______________________________________



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3.2 GENERAL AND CORPORATE INFORMATION

3.2.1 ORGANISATION PROFILE AND REFEREES

Attach your organisation profile and label it “Attachment 1”.

Attachment 1

� Tick�if attached

If companies are involved, attach their current ASC company extracts search including latest annual return and label it “Attachment 2”.

Attachment 2 �

Tick�if attached

Attach details of your referees, and label it “Attachment 3”. You should give examples of work provided for your referees where possible.

Attachment 3 �

Tick�if attached

3.2.2 AGENTS

Are you acting as an agent for another party?

Yes �

No �

If Yes, attach details (including name and address) of your principal and label it “Attachment 4”.

Attachment 4 �

Tick�if attached

3.2.3 TRUSTS

Are you acting as a trustee of a trust?

Yes �

No �

If Yes, in an attachment labelled “Attachment 5”: (a) Give the name of the trust and include a copy of the trust deed (and any related documents); and (b) if there is no trust deed, provide the names and addresses of beneficiaries.

Attachment 5 �

Tick�if attached

3.2.4 SUB-TENDERERS

Do you intend to subcontract any of the Requirements?

Yes �

No �



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Page 17 of 20

If Yes, attach details of the sub Tenderer(s) including the name, address, location of premise and the numbers of people employed and label it “Attachment 6”.

Attachment 6 �

Tick�if attached

3.2.5 CONFLICTS OF INTEREST

Will any actual or potential conflict of interest in the performance of your obligations under the Contract exist if you are awarded the Contract, or is any such conflict of interest likely to arise during the Contract?

Yes �

No �

If Yes, please supply in an attachment details of any actual or potential conflict of interest and the way in which any conflict will be dealt with and label it “Attachment 7”.

Attachment 7 �

Tick�if attached

3.2.6 FINANCIAL POSITION

Are you presently able to pay all your debts in full as and when they fall due?

Yes �

No �

Are you currently engaged in litigation as a result of which you may be liable for $50,000 or more?

Yes �

No �

If you are awarded the Contract, will you be able to fulfil the Requirements from your own resources or from resources readily available to you and remain able to pay all of your debts in full as and when they fall due?

Yes �

No �

Attach a financial profile for you and each of the other proposed contracting entities together with a list of financial referees and label it “Attachment 8”.

Attachment 8 �

Tick�if attached

3.2.7 QUALITY ASSURANCE

Does your organisation have A “third party” or any quality assurance systems?

Yes �

No �



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If you propose to subcontract, does your sub Tenderer have a “third party” quality management system in place?

Yes �

No �

Supply evidence or details of your quality assurance position and where relevant of your Tenderer’s or sub Tenderer’s position, in an attachment labelled “Attachment 9”.

Attachment 9 �

Tick�if attached

3.2.8 INSURANCE COVERAGE

The insurance requirements for this Request are stipulated at Clause A2.06 of the Specification. Tenderers are to supply evidence of their insurance coverage in a format as outlined below in “Attachment 10”. A copy of the Certificate of Currency is to be provided to the Principal within 30 days of acceptance.

Attachment 10 �

Tick�if attached

Type Insurer – Broker Policy Number Value ($) Expiry Date [insert applicable type]

[insert applicable type]

3.2.9 CONSTRUCTION PROGRAMME

Attach your Construction Programme and label it “Attachment 11”

Attachment 11 �

Tick�if attached

3.3 RESPONSE TO SELECTION CRITERIA

COMPLIANCE CRITERIA

Have you complied with the Specification contained in this Request?

Yes �

No �

Have you complied with the Conditions of Tendering contained in this Request?

Yes �

No �

Have you complied with and completed (Attachments A, and B)

Yes �

No �



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QUALITATIVE CRITERIA Before answering the qualitative criteria, Tenderers shall note the following: (a) All information relevant to your answers should be contained within your

Tender to each criterion; (b) Tenderers shall assume that the Evaluation Panel has no previous

knowledge of your organisation, its activities or experience; (c) Tenderers shall provide full details for any claims, statements or examples

used to address the qualitative criteria; and (d) Tenderers shall address each issue outlined within a qualitative criterion.

Demonstrated and Relevant Experience 1. Tenderer’s resources. (The supporting facilities aspects and the organisational capacity to service the Contract) (a) Provide details of similar work;

Attachment

12 �

Tick�if attached

Skills and experience of key personnel Tenderers should provide as a minimum information of proposed personnel to be allocated to this project, such as: (a) Their role in the performance of the Contract;

Attachment

13 �

Tick�if attached

3.4 PRICE INFORMATION

3.4.1 DISCOUNTS

Are you prepared to allow a discount for prompt settlement of accounts?

Yes �

No �

If you are offering a discounts please detail them in an attachment labelled “Attachment 13”.

Attachment 14 �

Tick�if attached

3.4.2 PRICE BASIS

Are you prepared to offer a fixed price?

Yes �

No �

Complete the attached form of Tender “Attachment 15”

Attachment 15 �

Tick�if attached



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3.4.3 SCHEDULE OF RATES

Attach your Schedule of Rates as outlined in “Attachment 11”

Attachment 16 �

Tick�if attached



Page 168

ATTACHMENT 2

TO ITEM 8


1 APRIL 2010

HODGE AND COLLARD TENDER ASSESSMENT

ITEM 8.2.8



Page 169



Page 170



Page 171



Page 172



Page 173



Page 174

RFT

Num

ber -

13/

106

Tend

er A

sses

smen

t Sch

edul

eW

eigh

brid

ge B

uild

ing

/ Can

opy

Rec

onst

ruct

ion

and

New

Hei

ght R

estr

icto

rs

Tam

ala

Park

Was

te D

ispo

sal F

acili

ty

Total Q

ualitative Score

3.1

3.2.

23.

2.3

3.2.

43.

2.5

3.2.

63.

2.7

3.2.

83.

2.9

Expe

rienc

ePe

rson

nel

3.4.

13.

4.2

3.4.

3A

1A

2A

3A

4A

5A

6A

7A

8A

9A

10A

11A

1220

%A

1320

%A

14A

15C

ost e

x. G

ST60

%A

1610

0%

Conn

olly Building Co

mpany

Richard Ba

xter

0418

197

056

richardb

axter@

westnet.com

.au

Yes

Yes

Yes

No

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

Yes

Yes

No

Yes

No

Yes

Yes

Yes

Yes

15Yes

17.5

Yes

Yes

$101

,224

60Yes

92.5

Devco Builders

John

Devereu

x04

08 129

685

admin@de

vcob

uilders.com.au

Yes

Yes

Yes

No

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

Yes

Yes

No

Yes

No

Yes

Yes

Yes

Yes

20Yes

20No

Yes

$127

,521

50Yes

90

Mellings Building & M

ainten

ance

Glen Melling

9498

781

9Mellingsbu

ilding@

bigpon

d.com

Yes

Yes

No

No

Yes

No

No

Yes

No

No

No

No

No

Comply*

No

Compy *

No

No

No

No

Comply*

10Co

mply*

10No

Yes

$135

,290

45No

65

Orixon Pty Ltd

Mark Ke

lly92

44 780

0admin@orixon

.com

.au

Yes

Yes

Yes

No

Yes

Yes

No

Yes

Yes

No

No

No

No

No

No

Compy *

Yes

Yes

No

Yes

No

9Yes

15No

Yes

$148

,859

40Yes

64

..

Comply* = Ten

derer stated

com

pliance with

no supp

ortin

g eviden

ce

No references provide

d

Commen

ts

No tend

er breakdo

wn

Notes:

% assessm

ent is un

dertaken

on a comparativ

e basis be

tween tend

erers

Assessm

ent u

ndertaken on

inform

ation provided

by tend

erers

Conn

olly Building Co

mpany

sched

ule of rates are m

ore compe

tativ

e than

Devco Builders

Com

plia

nce

Crit

eria

1.7.

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Page 175

ITEM 8.3.1 AUDIT COMMITTEE MEETING – 7 APRIL 2010 File No: COR/22 (D/10/2132) Attachment(s): 1. Minutes of Audit Committee meeting held 7 April 2010 2. Annual Compliance Return & Report Item Author: Kalwant Dhillon

BACKGROUND The Internal Audit Committee was established during the 2005/2006 financial year and it held its Inaugural meeting in June 2006. The annual meeting for 2009/10 financial year was held on 7 April 2010. DETAIL Establishment of Audit Committee The Audit Committee was established by Ordinary Council Meeting resolution on 7 July 2005. The Terms of Reference for this Committee were approved by Council at its Ordinary Council Meeting on 27 October 2005. Powers of the Audit Committee, as stated in the Terms of Reference, can be summarised by the following extract: “The Committee is to report to Council and provide appropriate advice and recommendations ....” In short, the Audit Committee does not have delegated authority from Council for decision making. Four matters were considered by the Committee and these are summarised below:

• ANNUAL COMPLIANCE AUDIT RETURN (REPORT) The Audit Committee reviewed the Annual Compliance Audit Return and

recommends the Return for Council Approval. FINALISATION OF LIST OF AUDITORS FOR QUOTATION PROCESS FOR

AUDITOR’S TENURE

The Audit Committee recommends that Council approves the list of Auditors for the Quotation Process for the Auditor’s Tenure.

• EXTENSION OF TERM FOR EXTERNAL MEMBER OF THE INTERNAL

AUDIT COMMITTEE The Audit Committee has considered the extension of External Member, Alex

Dermedgoglou, for a further three years and recommends to the Council for approval.

ITEM 8.3.1


Page 176

• CEO CREDIT CARD The Audit Committee has reviewed CEO’s credit card usage and approved the

expenditure as appropriate. Audit Committee recommends for Council’s noting.

STATUTORY ENVIRONMENT An Internal Audit Committee is required under the Local Government Act 1995 and Regulations. The committee is required to meet at least once a year and report any matters discussed and outcomes to the Council. POLICY IMPLICATIONS Not applicable. STRATEGIC IMPLICATIONS Not applicable. AUDIT COMMITTEE RECOMMENDATIONS That Council approve the following recommendations from the Audit Committee Meeting (7 April 2010):

(i) the approval of the Annual Compliance Audit Return and authorise the Chairperson and the Chief Executive Officer to sign the Return

(ii) approve the following list of Auditors to provide a quotation for the provision of external audit services for the next 2 or 3 years under a Quotation Process:

• WHK Horwath • Grant Thornton • Macri Partners • Haines Norton

(iii) approve the further extension of External Member of the Audit Committee, Alex Dermedgoglou, for a further three years

(iv) note that Audit Committee approved the CEO’s credit card usage and expenditure as appropriate

ITEM 8.3.1


Page 177

ATTACHMENT ONE

TO ITEM 8.3.1


22 APRIL 2010

MINUTES OF AUDIT COMMITTEE MEETING HELD 7 APRIL 2010

ITEM 8.3.1


Page 178

MINUTES

AUDIT COMMITTEE MEETING

WEDNESDAY 7 APRIL 2010

TIME: 8.10AM

VENUE – TOWN OF VICTORIA PARK Meeting Room 2

Managing waste and recovering resources responsibly Constituent Members: Cities of Perth, Joondalup, Stirling, and Wanneroo.

Towns of Cambridge, Victoria Park and Vincent

ITEM 8.3.1


Page 179

TABLE OF CONTENTS

ITEM

SUBJECT

PAGE NO

1 ATTENDANCE AND APOLOGIES 3

2 DISCLOSURE OF INTEREST 3

3 REPORTS 3

3.1 COMPLIANCE AUDIT REPORT – 2009 3

3.2 DISCUSSION ON FINALISATION OF LIST FOR QUOTATION PROCESS FOR AUDITOR’S TENURE 4

3.3 EXTENSION OF TERM FOR EXTERNAL MEMBER OF THE INTERNAL AUDIT COMMITEE 4

3.4 CEO CORPORATE CREDIT CARD USAGE 4-5

4 FUTURE MEETINGS 5

5 OTHER BUSINESS 5

6 CLOSURE 5

MINDARIE REGIONAL COUNCILAUDIT COMMITTEE MINUTES - 7 APRIL 2010 ITEM 8.3.1


Page 180

MINUTES OF THE MEETING OF THE MINDARIE REGIONAL COUNCIL’S AUDIT COMMITTEE HELD AT THE TOWN OF VICTORIA PARK, 99 SHEPPERTON ROAD, VICTORIA PARK, WESTERN AUSTRALIA ON 7 APRIL 2010 COMMENCING AT 8.10 AM. Cr Fishwick declared the meeting open at 8.10am 1. ATTENDANCE AND APOLOGIES Councillors Russell Fishwick City of Joondalup Cr David Boothman City of Stirling Cr Rob Butler City of Perth Officers Mr Kevin Poynton Chief Executive Officer Mr Kalwant Dhillon Chief Financial Officer Mr Graham McAtominey Accountant (Contract) Apologies Alex Dermedgoglou External Member 2. DISCLOSURE OF INTEREST Nil. 3. REPORTS 3.1 COMPLIANCE AUDIT REPORT 2009 Motion: (Moved: Cr Butler Seconded: Cr Boothman) Committee discussed the Annual Compliance Audit Return and recommend that the Council approve the full Annual Compliance Audit Return. The committee noted Mr Butler’s comments that the Compliance level improved over last year. Mr Poynton commented that he was at arm’s length during the completion of the Return that was conducted independently by Mr McAtominey and that the report will be adopted by Mindarie Regional Council as part of the continuous improvement process. RECOMMENDATION That Council approve the recommendation from the Audit Committee to adopt the full Annual Compliance Audit Return and authorise the Chairperson and Chief Executive Officer to sign the Return



Page 181

3.2 DISCUSSION ON FINALISATION OF LIST FOR THE QUOTATION

PROCESS FOR AUDITOR’S TENURE Motion: (Moved: Cr Boothman Seconded: Cr Butler) The committee discussed the provision of external audit services for the next 2 or 3 years. The following organisations are proposed to be invited to provide quotations based on their work for MRC and member Councils:

1. WHK Horwath

2. Grant Thornton

3. Macri Partners

4. Haines Norton RECOMMENDATION That the list of Auditors to provide a quote for the provision of external audit services for the next 2 or 3 years under a quotation process be approved. 3.3 EXTENSION OF TERM FOR EXTERNAL MEMBER OF THE INTERNAL

AUDIT COMMITEE Motion: (Moved: Cr Boothman Seconded: Cr Butler) The term of the External member of the audit committee, Alex Dermedgoglou was for period 11 October 2007 to 11 October 2009. MRC Administration propose that the term be extended for another three years. RECOMMENDATION The Audit Committee recommends the further appointment of Mr Alex Dermedgoglou as External Member to the Mindarie Regional Council’s Audit Committee, for a further period of three years, for adoption by Council at the next Ordinary Council Meeting. 3.4 CEO CORPORATE CREDIT CARD USAGE Motion: (Moved: Cr Butler Seconded: Cr Boothman) Previous practice has been for Chairman to note usage of CEO Credit Card via “sight and initial” of regular statements. Current Chairman and CEO have developed alternative plan whereby statements of usage are provided to the Audit Committee for information. Copies of recent statements were tabled as an item to the audit committee. Key points to note are as follows:



Page 182

• Card used by CEO for fuel and miscellaneous expenses

• Card authorised for use by CEO for purchases for the business, in the interest of efficiency and effectiveness

The Audit Committee discussed the CEO credit card usage and approve the expenditure as appropriate. The Committee was of the view that there was no further need to include the copies of the Credit Card Statements in the agenda item for the Ordinary Council Meeting. RECOMMENDATION That Council note that the Audit Committee has reviewed and approved the usage of the CEO Corporate Credit Card as appropriate. 4 FUTURE MEETINGS June 2010 – to receive and discuss the evaluation report on the appointment of the external auditors 5 OTHER BUSINESS Nil. 6 CLOSURE – 8.50am



Page 183

ATTACHMENT TWO

TO ITEM 8.3.1


22 APRIL 2010

ANNUAL COMPLIANCE RETURN AND REPORT ITEM

ITEM 8.3.1


Page 184

_______________________________________________________________________________

_______________________________________________________________________________

ITEM 3.2 LOCAL GOVERNMENT COMPLIANCE AUDIT RETURN (1 JANUARY 2009 – 31 DECEMBER 2009) File No: COR/12 (D/10/2028) Attachment(s): 1. Compliance Audit Return 2009

2. Final Audit Report 3. Compliance Audit Return Comparison 2006 to 2008

Author: Kevin Poynton SUMMARY The purpose of this report is to provide Council with information on the completed Statutory Compliance Return (1 January – 31 December 2009). BACKGROUND Each Local Government is to carry out a Compliance Audit for the period 1 January to 31 December in accordance with Section 7.13(i) (of the Local Government Act 1995) and Audit Regulation 13. On completion of the Compliance Audit, the Local Government is to complete a Compliance Audit Return. The Compliance Audit Return is to be processed as follows:

• Consideration by Council

• Adoption by the Council

• Confirmation by Minutes of the meeting concerning these actions Following this, a certified copy of the Return along with the relevant section of the Minutes, and any additional information explaining or qualifying the Compliance Audit, is to be submitted to the Executive Director, Department of Local Government. The administration has completed the Compliance Audit Return, and this work is now presented to the Council for consideration. DETAIL The Compliance Audit Return A copy of the completed Compliance Audit Return is attached to and forms part of this Item (see Attachment 1). It should be noted that a number of sections of the Compliance Audit Return are not relevant to the Mindarie Regional Councils business, and this has been noted, where appropriate. The audit return has been completed after an independent audit was conducted internally by Mr Graham McAtominey, a contract accountant with over 21 years experience in finance and accounting. The report from Mr McAtominey is at Attachment 2. Key points to note from this independent audit are as follows:

• That the audit was conducted as a continuous improvement exercise

• That the auditor’s conclusion was that “high level of compliance” was evidenced

• That, whilst some areas of non-compliance were identified, remedial action had either been planned, or has been commenced and/or completed

ITEM 8.3.1


Page 185

_______________________________________________________________________________

_______________________________________________________________________________

Council approved at the OCM on 23 April 2009 the adoption of a 3 year comparison of compliance for the 2009 Annual Compliance Audit Return. The 3 year comparison is now submitted by the management of Mindarie at Attachment 3. Areas of non-compliance The proposed remedial action, to be undertaken by the administration under the leadership of the Chief Executive Officer, is as follows:

• Observation 1 – Delegation of Power/Duty

- Documentation of this requirement in the appropriate Governance procedure.

• Observation 2 – Disclosure of Interest


• Observation 3 – Local Government Employees

- These compliance matters will be taken into account as part of the continuing improvement process for the Performance Evaluation System.

• Observation 4 – Local Laws


• Observation 5 – Meeting Processes


• Observation 6 – Tenders for the provision of Goods & Services

- These compliance issues will be taken into account as part of the continuing improvement process for the Procurement of Goods & Services.

CONSULTATION Not Applicable. STATUTORY ENVIRONMENT The completion of the Compliance Audit Return is a statutory requirement directed by the Department of Local Government. POLICY IMPLICATIONS The Compliance Audit Return is directly related to the Council’s Business Manual, including Policies and Procedures. FINANCIAL IMPLICATIONS Not applicable. STRATEGIC IMPLICATIONS Not applicable.

ITEM 8.3.1


Page 186

_______________________________________________________________________________ COMMENT Mindarie Regional Council has completed the Compliance Audit Return for the period 1 January to 31 December 2009. The MRC Audit Committee, at its meeting held on 7 April 2010, recommended the Audit Return for Council consideration. MRC OFFICER RECOMMENDATION That the Council adopt the Compliance Audit Return, as presented, for the period 1 January 2009 to 31 December 2009.

_______________________________________________________________________________ ITEM 8.3.1


Page 187

ATTACHMENT ONE

TO ITEM 3.2


07 APRIL 2010

COMPLIANCE AUDIT RETURN

ITEM 8.3.1


Page 188

Department of Local Government and Regional Development - Compliance Audit Return

1 of 25

Mindarie Regional Council - Compliance Audit Return Regional Local Government 2009

3 s3.59(2)(a)(b)(c) Functions & General Regulation 7,11

Has the local government prepared a business plan before entering into each land transaction that was preparatory to entry into a major land transaction in 2009.

N/A Kathleen Van Son

4 s3.59(4) Has the local government given Statewide public notice of each proposal to commence a major trading undertaking or enter into a major land transaction for 2009.


5 s3.59(5) Did the Council, during 2009, resolve to proceed with each major land transaction or trading undertaking by absolute majority.



Has the local government prepared a business plan for each major trading undertaking in 2009.

Yes Kathleen Van Son


Has the local government prepared a business plan for each major land transaction that was not exempt in 2009.


No Reference Question Response Comments Respondent

Commercial Enterprises by Local Governments

Certified Copy of ReturnPlease submit a signed copy to the Director General of the Department of Local Government and Regional Development together with a copy of section of relevant minutes.

ITEM 8.3.1


Page 189


2 of 25

9 s5.44(2) Were all delegations by the CEO to any employee in writing.


8 s5.42(1)(2) Admin Reg 18

Were all delegations to the CEO in writing.


7 s5.42(1)(2) Admin Reg 18

Were all delegations to the CEO resolved by an absolute majority.


10 s5.45(1)(b) Were all decisions by the Council to amend or revoke a delegation made by absolute majority.


13 s5.46(3) Admin Reg 19

Did all persons exercising a delegated power or duty under the Act keep, on all occasions, a written record as required.


12 s5.46(2) Were all delegations made under Division 4 of Part 5 of the Act reviewed by the delegator at least once during the 2008/2009 financial year.


11 s5.46(1) Has the CEO kept a register of all delegations made under the Act to him and to other employees.

No Refer to the Compliance Audit Report for 2009

Kathleen Van Son

3 s5.16, 5.17, 5.18 Were all delegations to committees within the limits specified in section 5.17.


2 s5.16, 5.17, 5.18 Were all delegations to committees in writing.


1 s5.16, 5.17, 5.18 Were all delegations to committees resolved by absolute majority.


6 s5.42(1),5.43 Administration Regulation 18G

Did the powers and duties of the Council delegated to the CEO exclude those as listed in section 5.43 of the Act.


5 s5.18 Has Council reviewed delegations to its committees in the 2008/2009 financial year.


4 s5.16, 5.17, 5.18 Were all delegations to committees recorded in a register of delegations.



Delegation of Power / Duty

2 s5.68(2) Were all decisions made under section 5.68(1), and the extent of participation allowed, recorded in the minutes of Council and Committee meetings.


1 s5.67 If a member disclosed an interest, did he/she ensure that they did not remain present to participate in any discussion or decision-making procedure relating to the matter in which the interest was disclosed (not including participation approvals granted under s5.68).



Disclosure of Interest

ITEM 8.3.1


Page 190


3 of 25

10 s5.88(1)(2) Admin Reg 2

Did the CEO keep a register of financial interests which contained a record of disclosures made under sections 5.65, 5.70 and 5.71, in the form prescribed in Administration Regulation 28.


9 s5.88(1)(2) Admin Reg 28

Did the CEO keep a register of financial interests which contained the returns lodged under section 5.75 and 5.76


8 s5.77 On receipt of a primary or annual return, did the CEO, (or the Mayor/ President in the case of the CEO’s return) on all occasions, give written acknowledgment of having received the return.


13 s5.103 Admin Reg 34C & Rules of Conduct Reg 11

Where an elected member or an employee disclosed an interest in a matter discussed at a Council or committee meeting where there was a reasonable belief that the impartiality of the person having the interest would be adversely affected, was it recorded in the minutes.


12 s5.88(4) Have all returns lodged under section 5.75 or 5.76 and removed from the register, been kept for a period of at least five years, after the person who lodged the return ceased to be a council member or designated employee.


11 s5.88 (3) Has the CEO removed all returns from the register when a person ceased to be a person required to lodge a return under section 5.75 or 5.76.


4 s5.75(1) Admin Reg 22 Form 2

Was a primary return lodged by all newly elected members within three months of their start day.


3 s5.73 Were disclosures under section 5.65 or 5.70 recorded in the minutes of the meeting at which the disclosure was made.



Was a primary return lodged by all newly designated employees within three months of their start day.


Kathleen Van Son


Was an annual return lodged by all designated employees by 31 August 2009.


Kathleen Van Son


Was an annual return lodged by all continuing elected members by 31 August 2009.



ITEM 8.3.1


Page 191


4 of 25

2 s3.58(4) Where the local government disposed of property under section 3.58(3), did it provide details, as prescribed by section 3.58(4), in the required local public notice for each disposal of property.


1 s3.58(3) Was any property that was not disposed of by public auction or tender, given local public notice prior to disposal (except where excluded by Section 3.58(5)).



Disposal of Property

9 s5.98A Admin Reg 33A

Where a local government decided to pay the deputy mayor or the deputy president an allowance, was it resolved by absolute majority.


8 s5.98 Admin Reg 31

Was the reimbursement of expenses to elected members within the prescribed ranges or as prescribed.



Was the fee made available to elected members for attending meetings within the prescribed range.


3 s5.54(1), (2) If the Auditor’s report was not available in time for acceptance by 31 December, will it be accepted no more than two months after the Auditor’s report is made available.


2 s5.54(1), (2) Was the annual report accepted by absolute majority by the local government by 31 December 2009.


1 s5.53, Admin Reg19B

Has the local government prepared an annual report for the financial year ended 30 June 2009 that contained the prescribed information under the Act and Regulations.


6 Admin Reg 19D After a plan for the future, or modifications to a plan were adopted under regulation 19C, did the local government give public notice in accordance with subsection (2).


5 S5.56 Admin Reg 19C(2)

Has the local government made a plan for the future of its district in respect of the period specified in the plan (being at least 2 financial years).


4 s5.55 Did the CEO give local public notice of the availability of the annual report as soon as practicable after the local government accepted the report.



Finance

ITEM 8.3.1


Page 192


5 of 25

16 s5.100 (2) Where the local government decided to reimburse a committee member, who was not a council member or employee, for an expense incurred by the person in relation to a matter affecting the local government, was it within the prescribe range.


15 s5.100 (1) Did the local government pay a fee for attending committee meetings only to a committee member who was a council member or employee.


17 s6.2 Did Council, prior to 31 August in the review period, adopt by absolute majority, a budget in the form and manner prescribed by Financial Management (FM) Reg 22 and the Act. (Please enter the date of the Council Resolution in the "Comments" column)

Yes Council Resolution approved budget at OCM 23/7/09

Kathleen Van Son

19 Financial Management Reg 33

Was the 2009/2010 budget forwarded to the Department of Local Government and Regional Development within 30 days of its adoption. (Please enter the date sent in the "Comments" column).

Yes 2009/2010 Budget was forwarded to the Department on 20/8/09

Kathleen Van Son

18 s6.2 If ‘no’, was Ministerial approval sought for an extension.



Where a local government decided to pay Council members an annual fee in lieu of fees for attending meetings, was it resolved by absolute majority.


10 s5.98A Admin Reg 33A

Where a local government decided to pay the deputy mayor or the deputy president an allowance, was it up to (or below) the prescribed percentage of the annual local government allowance to which the mayor or president is entitled under section 5.98(5).



Where a local government decided to pay Council members an annual fee in lieu of fees for attending meetings, was it within the prescribed range.


14 s5.99A Admin Reg 34A, AA, AB

Where a local government decided to pay Council members an allowance instead of reimbursing telephone, facsimile machine rental charges and other telecommunication, information technology, travelling and accommodation expenses, was it within the prescribed range.


13 s5.99A Admin Reg 34A, AA, AB

Where a local government decided to pay Council members an allowance instead of reimbursing telephone, facsimile machine rental charges and other telecommunication, information technology, travelling and accommodation expenses, was it resolved by absolute majority.


20 s6.4(1) FM Reg 34 Did the local government prepare an annual financial report as prescribed.



ITEM 8.3.1


Page 193


6 of 25

25 s6.8 Was expenditure that the local government incurred from its municipal fund, but not included in its annual budget, authorised in advance on all occasions by absolute majority resolution.


26 s6.8(1)(c) Did the Chairman authorise expenditure from the municipal fund in an emergency. (Please indicate circumstances in the "Comments" column)


27 s6.8 In relation to expenditure that the local government incurred from its municipal fund that was authorised in advance by the Chairman in an emergency, was it reported on all occasions to the next ordinary meeting of council.


24 FM Reg 51(2) Was the annual financial report submitted to the Department of Local Government and Regional Development sent by the CEO within 30 days after receiving the Auditor’s report.


21 s6.4(1) FM Reg 34 Did the local government prepare other financial reports as prescribed.


22 FM Reg 34 If the local government prepared other financial reports as prescribed in s6.4(1) FM Reg 34, were they presented to Council and recorded in the minutes of the meetings in which they were submitted.


23 s6.4(3)(b) Was the annual financial report, prepared for the financial year ended 30 June 2009, submitted to the Auditor by 30 September 2009 or by the extended time allowed by the Minister or his delegate.


28 s6.9 (1) Does the local government’s trust fund consist of all money (or the value of assets) that are required by the Local Government Act 1995 or any other written law to be credited to the fund.


32 s6.9(3) Has property held in trust been delivered to the persons entitled to it.


29 s6.9 (1) Does the local government’s trust fund consist of all money or the value of assets held by the local government in trust.


30 s6.9(2) Has the local government’s trust fund been applied for the purposes of and in accordance with the trusts affecting it.


31 s6.9(3) Has money held in the trust fund, been paid to the person entitled to it, together with, if the money has been invested, any interest earned from that investment.



ITEM 8.3.1


Page 194


7 of 25

42 s6.20(2) FM Reg 20

On each occasion where the local government exercised the power to borrow and details of the proposal were not included in the annual budget for that financial year, did the local government give one month’s local public notice of the proposal (except where the proposal was of a kind prescribed in FM Regulation 20).


35 s6.12, 6.13, 6.16(1),(3)

Did Council at the time of adopting its budget, determine the granting of a discount or other incentive for early payment by absolute majority.


36 s6.12, 6.13, 6.16(1),(3)

Did Council determine the setting of an interest rate on money owing to Council by absolute majority.


33 s6.11(2) Have all decisions to change the use or purpose of money held in reserve funds been by absolute majority.


34 s6.11(2) FM Reg 18

Did the local government give one months public notice of the proposed change of purpose or proposed use of money held in reserve funds . (Notice not required where the local government has disclosed the change of purpose or proposed use of reserve funds in its annual budget or where the money was used to meet expenditure authorised under s6.8(1)(c) of the Act or where the amount to be used did not exceed $5,000).


37 s6.12, 6.13, 6.16(1),(3)

Did Council determine to impose or amend a fee or charge for any goods or services provided by the local government by absolute majority. (Note: this applies to money other than rates and service charges).


40 s6.17(3) Were the fees or charges imposed for any other service prescribed in section 6.16 (2)(f), limited to the cost of providing the service or goods.


41 s6.19 After the budget was adopted, did the local government give local public notice for all fees and charges stating its intention to introduce the proposed fees or charges and the date from which it proposed to introduce the fees or charges.


38 s6.17(3) Were the fees or charges imposed for a copy of information available under section 5.96, limited to the cost of providing the service or goods.

N/A Information given free of charge

Kathleen Van Son

39 s6.17(3) Were the fees or charges imposed for receiving an application for approval, granting an approval, making an inspection and issuing a licence, permit, authorisation or certificate, limited to the cost of providing the service or goods.



ITEM 8.3.1


Page 195


8 of 25

50 FM Reg 11(2) Has the local government developed procedures that ensure a determination is made that the goods or services to which each account relates were provided in a satisfactory condition or to a satisfactory standard, before payment of the account.


49 FM Reg 11(2) Has the local government developed procedures that ensure a determination is made that the debt was incurred by a person who was properly authorised, before any approval for payment of an account is made.


48 FM Reg 11(1) Has the local government developed procedures for the authorisation of, and the payment of, accounts to ensure that there is effective security for and properly authorised use of petty cash systems.


44 s6.20(3) FM Reg 21

On each occasion where the local government changed the use of borrowings, did the local government give one month’s local public notice of the change in purpose. (Only required if the details of the change of purpose were not included in the annual budget or were of the kind prescribed in FM Regulation 21).


43 s6.20(2) FM Reg 20

On each occasion where the local government exercised the power to borrow, was the Council decision to exercise that power by absolute majority (Only required where the details of the proposal were not included in the annual budget for that financial year).


45 s6.20(3) FM Reg 21

On each occasion where the local government changed the use of borrowings, was the decision on the change of use by absolute majority.(Only required if the details of the change of purpose were not included in the annual budget or were of the kind prescribed in FM Regulation 21)


47 FM Reg 11(1) Has the local government developed procedures for the authorisation of, and the payment of, accounts to ensure that there is effective security for and properly authorised use of cheques, credit cards, computer encryption devices and passwords, purchasing cards and other devices or methods by which goods, services, money or other benefits may be obtained.


46 S6.76(6) Was the outcome of an objection under section 6.76(1) promptly conveyed to the person who made the objection including a statement of the local government’s decision on the objection and its reasons for that decision.



ITEM 8.3.1


Page 196


9 of 25

62 s7.3 Was the person(s) appointed by the local government to be its auditor, an approved auditor.


54 FM Reg 13 Did the list of payments made or accounts for approval to be paid from the Municipal or Trust fund, that were recorded in the minutes of the relevant meeting, include the amount of the payment.


55 FM Reg 13 Did the list of payments made or accounts for approval to be paid from the Municipal or Trust fund that were recorded in the minutes of the relevant meeting, include sufficient information to identify the transaction.


53 FM Reg 13 Did the list of payments made or accounts for approval to be paid from the Municipal or Trust fund that were recorded in the minutes of the relevant meeting include the payee’s name.


51 FM Reg 12 Have payments from the Municipal or Trust fund been made under the appropriate delegated authority.


52 FM Reg 12 When Council are presented with a list detailing the accounts to be paid, have payments from the Municipal or Trust fund been authorised in advance by resolution of Council.


56 FM Reg 13 Did the list of accounts for approval to be paid from the Municipal or Trust fund that were recorded in the minutes of the relevant meeting, include the date of the meeting of Council.


60 s7.1B Where a local government determined to delegate to its audit committee any powers or duties under Part 7 of the Act, did it do so by absolute majority.


61 s7.3 Was the person(s) appointed by the local government to be its auditor, a registered company auditor.


59 s7.1A Has the local government established an audit committee and appointed members by absolute majority in accordance with section 7.1A of the Act.


57 FM Reg 19 Do the internal control procedures over investments established and documented by the local government enable the identification of the nature and location of all investments.


58 FM Reg 19 Do the internal control procedures over investments, established and documented by the local government, enable the identification of the transactions related to each investment.



ITEM 8.3.1


Page 197


10 of 25

71 A Reg 7 Did the agreement between the local government and its auditor include a plan for the audit.


70 A Reg 7 Did the agreement between the local government and its auditor include the scope of the audit.


69 A Reg 7 Did the agreement between the local government and its auditor include the objectives of the audit.


74 FM Reg 33A Did the local government, between 1 January and 31 March 2009, carry out a review of its annual budget for the year ended 30 June 2009.


73 A Reg 7 Did the agreement between the local government and its auditor include the method to be used by the local government to communicate with, and supply information to, the auditor.


72 A Reg 7 Did the agreement between the local government and its auditor include details of the remuneration and expenses to be paid to the auditor.


68 S7.12A(3), (4) Where the local government determined that matters raised in the auditor’s report (prepared under s7.9(1) of the Act) required action to be taken by the local government, was a copy of the report forwarded to the Minister by the end of the financial year or 6 months after the last report prepared under s7.9 was received by the local government whichever was the latest in time.


64 Audit Reg 10 Was the Auditor’s report for the financial year ended 30 June 2009 received by the local government within 30 days of completion of the audit.


63 s7.3 Was the person or persons appointed by the local government to be its auditor, appointed by an absolute majority decision of Council.


65 s7.9(1) Was the Auditor’s report for 2008/2009 received by the local government by 31 December 2009.


67 S7.12A(3), (4) Where the local government determined that matters raised in the auditor’s report (prepared under s7.9(1) of the Act) required action to be taken by the local government, was a report prepared on any actions undertaken.


66 S7.12A(3), (4) Where the local government determined that matters raised in the auditor’s report prepared under s7.9(1) of the Act required action to be taken by the local government, was that action undertaken.



ITEM 8.3.1


Page 198


11 of 25

12 Admin Reg 18D When the Council considered the CEO’s performance review did it decide to reject the review.

No Kathleen Van Son

13 s5.39 During the period covered by this Return, were written performance based contracts in place for the CEO and all designated senior employees who were employed since 1 July 1996.


11 Admin Reg 18D When the Council considered the CEO’s performance review did it decide to accept the review ( with or without modification).


4 s5.36(4), 5.37(3), Admin Reg 18A

Did all advertisements for the position of CEO and for designated senior employees contain details of the remuneration and benefits offered.


5 s5.36(4), 5.37(3), Admin Reg 18A

Did all advertisements for the position of CEO and for designated senior employees contain details of the place where applications for the position were to be submitted.


3 s5.36(4), 5.37(3), Admin Reg 18A

Did the local government advertise for the position of CEO and for designated senior employees in a newspaper circulated generally throughout the State.


1 s9.59, Admin Reg 18C

Did the local government approve the process to be used for the selection and appointment of the CEO before the position was advertised.


2 s5.36(4), 5.37(3), Admin Reg 18A

Were all vacancies for the position of CEO and for designated senior employees advertised.


9 s5.37(2) Did the CEO inform council of each proposal to employ or dismiss a designated senior employee.


10 s5.38 Was the performance of each employee, employed for a term of more than one year, (including the CEO and each senior employee), reviewed within the most recently completed 12 months of their term of employment.


Kathleen Van Son

8 s5.36(4), 5.37(3), Admin Reg 18A

Did all advertisements for the position of CEO and for designated senior employees provide contact details of a person to contact for further information.


6 s5.36(4), 5.37(3), Admin Reg 18A

Did all advertisements for the position of CEO and for designated senior employees detail the date and time for closing of applications.


7 s5.36(4), 5.37(3), Admin Reg 18A

Did all advertisements for the position of CEO and for designated senior employees indicate the duration of the proposed contract.



Local Government Employees

ITEM 8.3.1


Page 199


12 of 25

19 S5.53(2)(g) Admin Reg 19B

For the purposes of section 5.53(2)(g) did the annual report of a local government for a financial year contain the number of employees of the local government entitled to an annual salary of $100,000 or more.


18 s5.50(2) Did the local government give public notice on all occasions where council made a payment that was more than the additional amount set out in its policy.


20 S5.53(2)(g) Admin Reg 19B

For the purposes of section 5.53(2)(g) did the annual report of a local government for a financial year contain the number of those employees with an annual salary entitlement that falls within each band of $10,000 and over $100,000.


22 Admin Regs 18E Did the local government ensure checks were carried out to confirm that the information in an application for employment was true (applicable to CEO only).


21 Admin Reg 18F Was the remuneration and other benefits paid to a CEO on appointment the same remuneration and benefits advertised for the position of CEO under section 5.36(4).


15 s5.39 Admin Reg 18B

Does the contract for the CEO and all designated senior employees detail the maximum amount of money payable if the contract is terminated before the expiry date and this amount is the lesser of the value of the remuneration they would be entitled to had the contract not been terminated.


14 s5.39 Admin Reg 18B

Does the contract for the CEO and all designated senior employees detail the maximum amount of money payable if the contract is terminated before the expiry date. This amount is the lesser of the value of one year’s remuneration under the contract.


17 s5.50(1) Did Council adopt a policy relating to employees whose employment terminates, setting out the manner of assessment of an additional amount.


16 s5.50(1) Did Council adopt a policy relating to employees whose employment terminates, setting out the circumstances in which council would pay an additional amount to that which the employee is entitled under a contract or award.



Local Laws

ITEM 8.3.1


Page 200


13 of 25

10 s3.12(6) After the local law was published in the Gazette, did the local government give local public notice stating the title of the local law.


11 s3.12(6) After the local law was published in the Gazette, did the local government give local public notice summarising the purpose and effect of the local law and the day on which it came into operation.


9 s3.12(5) After making the local law, did the local government give a copy to the Minister for Local Government and Regional Development and where applicable to the Minister who administers the Act under which the local law was made.


3 s3.12(3)(a) Did the local government give Statewide and local public notice stating details of where a copy of the local law may be inspected or obtained.


4 s3.12(3)(b) On all occasions, as soon as a Statewide and local public notice was published, did the local government provide a copy of the proposed law, together with a copy of the notice, to the Minister for Local Government and Regional Development


1 s3.12(2) F&G Reg 3

On each occasion that Council resolved to make a local law, did the person presiding at the Council meeting give notice of the purpose and effect of each proposed local law in the manner prescribed in Functions and General Regulation 3.


2 s3.12(3)(a) On each occasion that Council proposed to make a local law, did the local government give Statewide and local public notice stating the purpose and effect of the proposed local law


7 s3.12(4) Have all Council’s resolutions to make local laws been recorded as such in the minutes of the meeting.


8 s3.12(5) After making the local law, did the local government publish the local law in the Gazette.


5 s3.12(3)(b) On all occasions, as soon as a Statewide and local public notice was published, did the local government provide a copy of the proposed law, together with a copy of the notice where applicable, to the Minister who administers the Act under which the local law was made.


6 s3.12(4) Have all Council’s resolutions to make local laws been by absolute majority.



ITEM 8.3.1


Page 201


14 of 25

16 s3.16(1)(2) If the local government carried out a review of a local law under section 3.16 of the Act, to determine whether or not the local law should be repealed or amended, did it give Statewide public notice detailing the closing date for submissions about the local law.


Kathleen Van Son

15 s3.16(1)(2) If the local government carried out a review of a local law under section 3.16 of the Act, to determine whether or not the local law should be repealed or amended, did it give Statewide public notice advising that a copy of the local law could be inspected or obtained at the place specified in the notice.


Kathleen Van Son

18 s3.16(4) Was the decision to repeal or amend a local law determined by absolute majority on all occasions.


17 s3.16(3) Did the local government (after the last day for submissions) prepare a report of the review and have it submitted to Council.


12 s3.12(6) After the local law was published in the Gazette, did the local government give local public notice advising that copies of the local law may be inspected or obtained from its office.


13 s3.16(1) Have all reviews of local laws under section 3.16(1) of the Act been carried out within a period of 8 years.


14 s3.16(1)(2) If the local government carried out a review of a local law under section 3.16 of the Act, to determine whether or not the local law should be repealed or amended, did it give Statewide public notice stating that it intended to review the local law.


Kathleen Van Son


2 s2.25(1)(3) Where Council granted leave to a member from attending 6 or less consecutive ordinary meetings of Council, was it recorded in the minutes of the meeting at which the leave was granted.


1 s2.25(1)(3) Where Council granted leave to a member from attending 6 or less consecutive ordinary meetings of Council was it by Council resolution.


3 s2.25(3) Where Council refused to grant leave to a member from attending 6 or less consecutive ordinary meetings of Council, was the reason for refusal recorded in the minutes of the meeting.



Meeting Process

ITEM 8.3.1


Page 202


15 of 25

10 s5.7 Did the local government seek approval (on each occasion as required) from the Minister or his delegate, for a reduction in the number of offices of member required for absolute majorities.


9 s5.7 Did the local government seek approval (on each occasion as required) from the Minister or his delegate, for a reduction in the number of offices of member needed for a quorum at a Council meeting


11 s5.8 Did the local government ensure all Council committees (during the review period) were established by an absolute majority.


13 s5.10(2) Was each Council member given their entitlement during the review period, to be appointed as a committee member of at least one committee, as referred to in section 5.9(2)(a) & (b) of the Act.


12 s5.10(1)(a) Did the local government ensure all members of Council committees, during the review period, were appointed by an absolute majority (other than those persons appointed in accordance with section 5.10 (1)(b)).


5 s5.4 On all occasions when the mayor or president called an ordinary or special meeting of Council, was it done by notice to the CEO setting out the date and purpose of the proposed meeting;


4 s2.25(2) Was Ministerial approval sought (on all occasions) before leave of absence was granted to an elected member in respect of more than 6 consecutive ordinary meetings of council.


6 s5.5 On all occasions when councillors called an ordinary or special meeting of Council was it called by at least 1/3 (one third) of the councillors, by notice to the CEO setting out the date and purpose of the proposed meeting.


8 s5.5(2) Did the CEO give each council member notice before the meeting, of the date, time, place and purpose of each special meeting of Council.


7 s5.5(1) Did the CEO give each council member at least 72 hours notice of the date, time, place and an agenda for each ordinary meeting of Council.


14 s5.12(1) Were Presiding members of committees elected by the members of the committees (from amongst themselves) in accordance with Schedule 2.3, Division 1 of the Act.



ITEM 8.3.1


Page 203


16 of 25

19 s5.22(2)(3) Were the minutes of all Council and committee meetings submitted to the next ordinary meeting of Council or committee, as the case requires, for confirmation.


20 s5.22(2)(3) Were the minutes of all Council and committee meetings signed to certify their confirmation by the person presiding at the meeting at which the minutes of Council or committee were confirmed.


Kathleen Van Son

21 s5.23 (1) Were all council meetings open to members of the public (subject to section 5.23(2) of the Act).


18 s5.22(1) Did the person presiding at a meeting of a Council or a committee ensure minutes were kept of the meeting’s proceedings.


15 s5.12(2) Were Deputy presiding members of committees elected by the members of the committee (from amongst themselves) in accordance with Schedule 2.3 Division 2 of the Act.


16 s5.15 Where the local government reduced a quorum of a committee meeting, was the decision made by absolute majority on each occasion.


17 s5.21 (4) When requested by a member of Council or committee, did the person presiding at a meeting ensure an individual vote or the vote of all members present, were recorded in the minutes.


22 s5.23 (1) Were all meetings of committees to which a power or duty had been delegated open to members of the public (subject to section 5.23(2) of the Act).


26 s5.24 (1) AR 5&6 Was a minimum time of 15 minutes allocated for questions to be raised by members of the public and responded to at every special meeting of Council.


23 s5.23(2)(3) On all occasions, was the reason, or reasons, for closing any Council or committee meeting to members of the public, in accordance with the Act.


24 s5.23(2)(3) On all occasions, was the reason, or reasons, for closing any Council or committee meeting to members of the public recorded in the minutes of that meeting.


25 s5.24 (1) AR 5&6 Was a minimum time of 15 minutes allocated for questions to be raised by members of the public and responded to at every ordinary meeting of Council.



ITEM 8.3.1


Page 204


17 of 25

37 Admin Reg 11 Did the contents of minutes of all Council or committee meetings include details of each decision made at the meeting.


30 Admin Reg 10(1) Were all motions to revoke or change decisions at Council or committee meetings supported in the case where an attempt to revoke or change the decision had been made within the previous 3 months but failed, by an absolute majority.


31 Admin Reg 10(1) Were all motions to revoke or change decisions at Council or committee meetings supported in any other case, by at least one third of the number of officers of member (whether vacant or not) of the Council or committee.


29 Admin Reg 9 Was voting at Council or committee meetings conducted so that no vote was secret.


27 s5.24 (1) AR 5&6 Was a minimum time of 15 minutes allocated for questions to be raised by members of the public and responded to at every meeting of a committee to which the local government has delegated a power or duty.


28 Admin Reg 8 Was a period of 30 minutes allowed from the advertised commencement time before any Council or committee was adjourned due to the lack of a quorum.


35 Admin Reg 11 Did the contents of minutes of all Council or committee meetings include where a member entered or left the meeting, the time of entry or departure, as the case requires, in the chronological sequence of the business of the meeting.


36 Admin Reg 11 Did the contents of minutes of all Council or committee meetings include details of each motion moved at the meeting, including details of the mover and outcome of the motion.


34 Admin Reg 11 Did the contents of minutes of all Council or committee meetings include the names of members present at the meeting.


32 Admin Reg 10(2) Were all decisions to revoke or change decisions made at Council or committee meetings made (in the case where the decision to be revoked or changed was required to be made by an absolute majority or by a special majority), by that kind of majority.


33 Admin Reg 10(2) Were all decisions to revoke or change decisions made at Council or committee meetings made in any other case, by an absolute majority.



ITEM 8.3.1


Page 205


18 of 25

48 Admin Reg 14(1)(2)

Were notice papers, agenda and other documents relating to any Council or committee meeting, (other than those referred to in Admin Reg 14(2)) made available for public inspection.


46 Admin Reg 13 Did the local government make available for public inspection unconfirmed minutes of all Council meetings within 10 business days after the Council meetings.


47 Admin Reg 13 Did the local government make available for public inspection unconfirmed minutes of all committee meetings within 5 business days after the committee meetings.


40 Admin Reg 11 Did the contents of minutes of all Council or committee meetings include in relation to each disclosure made under sections 5.65 or 5.70, where the extent of the interest has been disclosed, the extent of the interest.


41 Admin Reg 12(1) Did the local government, at least once during the period covered by this return, give local public notice for the next twelve months of the date, time and place of ordinary Council meetings.


38 Admin Reg 11 Did the contents of the minutes of all Council or committee meetings include, where the decision was significantly different from written recommendation of a committee or officer, written reasons for varying that decision.


39 Admin Reg 11 Did the contents of minutes of all Council or committee meetings include a summary of each question raised by members of the public and a summary of the response given.


44 Admin Reg 12(3)(4)

In the CEO’s opinion, where it was practicable, were all special meetings of Council (that were open to members of the public) advertised via local public notice.


45 Admin Reg 12(3)(4)

Did the notice referred to in the question above include details of the date, time, place and purpose of the special meeting.


42 Admin Reg 12(1) Did the local government, at least once during the period covered by this return, give local public notice for the next twelve months of the date, time and place of those committee meetings that were required under the Act to be open to the public or that were proposed to be open to the public.


43 Admin Reg 12(2) Did the local government give local public notice of any changes to the dates, time or places referred to in the question above.



ITEM 8.3.1


Page 206


19 of 25

54 s5.33(1) Were all decisions made at all electors’ meetings considered at the next ordinary Council meeting, or, if not practicable, at the first ordinary Council meeting after that, or at a special meeting called for that purpose.


53 s5.32 Did the CEO ensure the minutes of all electors’ meetings were kept and made available for public inspection before the Council meeting at which decisions made at the electors’ meeting were first considered.


56 s5.103(3) Admin Reg 34B

Has the CEO kept a register of all token gifts received by Council members and employees.


55 s5.33(2) Were the reasons for Council decisions in response to decisions made at all electors’ meetings recorded in the minutes of the appropriate Council meeting.


52 s5.29 Did the CEO convene all electors’ meetings by giving at least 14 days local public notice and each Council member at least 14 days notice of the date, time, place and purpose of the meeting.


49 Admin Reg 14A On all occasions where a person participated at a Council or committee meeting by means of instantaneous communication, (by means of audio, telephone or other instantanious contact) as provided for in Administration Regulation 14A, did the Council approve of the arrangement by absolute majority.


50 Admin Reg 14A On all occasions where a person participated at a Council or committee meeting by means of instantaneous communication, (as provided for in Administration Regulation 14A) was the person in a suitable place as defined in Administration Regulation 14A(4)


51 s5.27(2) Was the annual general meeting of electors held within 56 days of the local government’s acceptance of the annual report for the previous financial year.



ITEM 8.3.1


Page 207


20 of 25

Tenders for Providing Goods and Services

4 s5.121(2)(b) Does the complaints register maintained by the complaints officer include provision for recording the name of the person who makes the complaint.


5 s5.121(2)(c) Does the complaints register maintained by the complaints officer include provision for recording a description of the minor breach that the standards panel finds has occurred.


6 s5.121(2)(d) Does the complaints register maintained by the complaints officer include the provision to record details of the action taken under s5.110(6)(b)(c).


3 s5.121(2)(a) Does the complaints register maintained by the complaints officer include provision for recording of the name of the council member about whom the complaint is made.


1 s5.120 Where the CEO is not the complaints officer, has the local government designated a senior employee, as defined under s5.37, to be its complaints officer.

N/A CEO is the complaints officer but no complaints were made against Council members during 2009

Kathleen Van Son

2 s5.121(1) Has the complaints officer for the local government maintained a register of complaints which records all complaints that result in action under s5.110(6)(b) or (c).



Official Conduct

2 s9.29(2)(b) On all occasions, were those employees who represented the local government in court proceedings, appointed in writing by the CEO.


1 s9.4 Has each person who received an unfavourable decision from Council, or from an employee of the local government exercising delegated authority, (that is appealable under Part 9 of the Act) been informed of his or her right to object and appeal against the decision.



Miscellaneous Provisions

ITEM 8.3.1


Page 208


21 of 25

7 F&G Reg 14(3)(4) Did the local government ensure information was made available to all prospective tenderers concerning detailed specifications of the goods or services required.


6 F&G Reg 14(3) Did all the local government’s invitations to tender include the date and time after which tenders would not be accepted.


8 F&G Reg 14(3)(4) Did the local government ensure information was made available to all prospective tenderers of the criteria for deciding which tender would be accepted.


10 F&G Reg 14(3)(4) Did the local government ensure information was made available to all prospective tenderers on whether or not tenders were allowed to be submitted by facsimile or other electronic means and if so, how tenders were to be submitted.


9 F&G Reg 14(3)(4) Did the local government ensure information was made available to all prospective tenderers about whether or not the local government had decided to submit a tender.


2 F&G Reg 12 Has the local government, as far as it is aware, only entered into a single contract rather than multiple contracts so as to avoid the requirements to call tenders in accordance with F&G Reg 11(1).


Kathleen Van Son

1 s3.57 F&G Reg 11 Did the local government invite tenders on all occasions (before entering into contracts for the supply of goods or services) where the consideration under the contract was, or was expected to be, worth more than the consideration stated in Regulation 11(1) of the Local Government (Functions & General) Regulations (Subject to Functions and General Regulation 11(2)).


Kathleen Van Son

3 F&G Reg 14(1) Did the local government invite tenders via Statewide public notice.


5 F&G Reg 14(3) Did all the local government’s invitations to tender include information as to where and how tenders could be submitted.


Kathleen Van Son

4 F&G Reg 14(3) Did all the local government’s invitations to tender include a brief description of the goods and services required and contact details for a person from whom more detailed information could be obtained about the tender.


11 F&G Reg 14(3)(4) Did the local government ensure all prospective tenderers had any other information that should be disclosed to those interested in submitting a tender.



ITEM 8.3.1


Page 209


22 of 25

17 F&G Reg 16 (2)& (3)(a)

Did the local government ensure all tenders received were opened by one or more employees of the local government or a person authorised by the CEO.


16 F&G Reg 16 (2)& (3)(a)

Did the local government ensure all tenders received were not opened, examined or assessed until after the time nominated for closure of tenders.


19 F&G Reg 16 (3)(c) Did the local government record all details of the tender (except the consideration sought) in the tender register immediately after opening.


18 F&G Reg 16 (3)(b) Did the local government ensure members of the public were not excluded when tenders were opened.


13 F&G Reg 15 Following the publication of the notice inviting tenders, did the local government allow a minimum of 14 days for tenders to be submitted.


12 F&G Reg 14(5) If the local government sought to vary the information supplied to tenderers, was every reasonable step taken to give each person who sought copies of the tender documents or each acceptable tenderer, notice of the variation.


15 F&G Reg 16(1) Did the local government ensure that tenders submitted, (including tenders submitted by facsimile or other electronic means) remained confidential.


14 F&G Reg 16(1) Did the local government ensure that tenders submitted, (including tenders submitted by facsimile or other electronic means) were held in safe custody.


21 F&G Reg 18 (4) In relation to the tenders that were not rejected, did the local government assess which tender to accept and which tender was most advantageous to the local government to accept, by means of written evaluation criteria.


20 F&G Reg 18(1) Did the local government reject the tenders that were not submitted at the place, and within the time specified in the invitation to tender.


23 F&G Reg 17 (2) & (3)

Does the local government’s Tender Register include (for each invitation to tender) particulars of the decision made to invite tenders and if applicable the decision to seek expressions of interest under Regulation 21(1).


Kathleen Van Son

22 F&G Reg 17 (2) & (3)

Does the local government’s Tender Register include (for each invitation to tender) a brief description of the goods or services required.



ITEM 8.3.1


Page 210


23 of 25

35 F&G Reg 21(4) Did all public notices inviting an expression of interest, include the date and time after which expressions of interest would not be accepted.


27 F&G Reg 17 (2) & (3)

Does the local government’s Tender Register include (for each invitation to tender) the name of each tenderer whose tender was opened.


28 F&G Reg 17 (2) & (3)

Does the local government’s Tender Register include (for each invitation to tender) the name of the successful tenderer.


26 F&G Reg 17 (2) & (3)

Does the local government’s Tender Register include (for each invitation to tender) a copy of the notice of invitation to tender.


Kathleen Van Son

24 F&G Reg 17 (2) & (3)

Does the local government’s Tender Register include (for each invitation to tender) particulars of any notice by which expressions of interest from prospective tenderers were sought and any person who submitted an expression of interest.


25 F&G Reg 17 (2) & (3)

Does the local government’s Tender Register include (for each invitation to tender) any list of acceptable tenderers that was prepared under regulation 23(4)


29 F&G Reg 17 (2) & (3)

Does the local government’s Tender Register include (for each invitation to tender) the amount of consideration or the summary of the amount of the consideration sought in the accepted tender.


Kathleen Van Son

33 F&G Reg 21(4) Did all public notices inviting an expression of interest, include particulars of a person from whom more detailed information could be obtained.


34 F&G Reg 21(4) Did all public notices inviting an expression of interest, include information as to where and how expressions of interest could be submitted.


32 F&G Reg 21(4) Did all public notices inviting an expression of interest, include a brief description of the goods and services required.


30 F&G Reg 19 Was each tenderer sent written notice advising particulars of the successful tender or advising that no tender was accepted.


Kathleen Van Son

31 F&G Reg 21(3) On each occasion that the local government decided to invite prospective tenderers to submit an expression of interest for the supply of goods or services, did the local government issue a Statewide public notice.



ITEM 8.3.1


Page 211


24 of 25

44 F&G Reg 24E Where the local government gave a regional price preference in relation to a tender process, did the local government make a copy of the proposed regional price preference policy available for public inspection in accordance with the notice (only if a policy had not been previously adopted by Council).


43 F&G Reg 24E Where the local government gave a regional price preference in relation to a tender process, did the local government include in the notice a statement inviting submissions commenting on the proposed policy, together with a closing date of not less than 4 weeks for those submissions (only if a policy had not been previously adopted by Council).


42 F&G Reg 24E Where the local government gave a regional price preference in relation to a tender process, did the local government include in the notice details of where a complete copy of the proposed policy may be obtained (only if a policy had not been previously adopted by Council).


41 F&G Reg 24E Where the local government gave a regional price preference in relation to a tender process, did the local government give Statewide public notice of its intention to have a regional price preference policy and include in that notice the region to which the policy is to relate (only if a policy had not been previously adopted by Council).


37 F&G Reg 23(1) Did the local government reject the expressions of interest that were not submitted at the place and within the time specified in the notice.


36 F&G Reg 22 Following the publication of the notice inviting expressions of interest, did the local government allow a minimum of 14 days for the submission of expressions of interest.


38 F&G Reg 23(4) After the local government considered expressions of interest, did the CEO list each person considered capable of satisfactorily supplying goods or services.


40 F&G Reg 24E Where the local government gave a regional price preference in relation to a tender process, did the local government prepare a proposed regional price preference policy (only if a policy had not been previously adopted by Council).


39 F&G Reg 24 Was each person who submitted an expression of interest, given a notice in writing in accordance with Functions & General Regulation 24.



ITEM 8.3.1


Page 212


25 of 25

46 F&G Reg 11A(3)(a) Did the purchasing policy that was prepared and adopted make provision in respect of the form of quotations acceptable.


47 F&G Reg 11(3)(b) Did the purchasing policy that was prepared and adopted make provision in respect to the recording and retention of written information, or documents for all quotations received and all purchases made.


45 F&G Reg 11A(1) Has the local government prepared and adopted a purchasing policy in relation to contracts for other persons to supply goods or services where the consideration under the contract is, or is expected to be, $100,000 or less or worth $100,000 or less.



I certify this Compliance Audit return has been adopted by Council at its meeting on

Signed Mayor / President, Mindarie Regional Council

Signed CEO, Mindarie Regional Council

ITEM 8.3.1


Page 213

ATTACHMENT TWO

TO ITEM 3.2


07 APRIL 2010

FINAL AUDIT REPORT

ITEM 8.3.1


Page 214

AUDIT-IN-CONFIDENCE


2009 COMPLIANCE AUDIT RETURN

FINAL AUDIT REPORT

INTRODUCTION

1 Mindarie Regional Council 2009 Compliance Return

ITEM 8.3.1


Page 215

http://www.murdoch.edu.au/apps/follow/about/murdoch.html

1. The Department of Local Government Act 1995 requires a local government authority to carry out a compliance audit for the period 1 January to 31 December. Mindarie Regional Council (MRC) has completed the return for the 2009 calendar year using internal resources. The Compliance Return is to be –

• Presented to Council at a meeting of Council. • Adopted by the Council. • Recorded in the minutes of the meeting at which it is adopted.

2. The number of questions the Department of Local Government required to be completed in its Annual Compliance Return has increased from 257 in 2007 to 258 in 2008 and 2009. The 2009 Compliance Return covered 11 areas with the MRC achieving a high level of compliance. The results of the independent 2009 compliance audit are as follows -

Yes No

Not Applicable

Section Section Name answers answers answers Total a) Commercial Enterprises by

Local Governments 1 0 4 5

b) Delegation of Power/Duty 7 1 5 13 c) Disclosure of Interest 9 2 2 13 d) Disposal of Property 0 0 2 2 e) Finance 42 0 32 74 f) Local Government Employees 6 2# 14 22 g) Local Laws 3 3 12 18 h) Meeting Processes 23 1 32 56

i) Miscellaneous Provisions 0 0 2 2 j) Official Conduct 5 0 1 6 k) Tenders for providing Goods

and Services 26 7 14 47

Total 122 16 120 258

3. It is noted that of the 16 “No” answers, 15 represented an unfavourable outcome and 1, Q12 denoted above with a #, represented a “favourable” outcome”. The “No” answers with an unfavourable outcome has changed from 10 in 2007 to 20 in 2008 and 15 in 2009. This is a very satisfactory result as it represents an 88% compliance rate in 2009 compared with 83% in 2008 and 92% in 2007.


ITEM 8.3.1


Page 216

AUDIT OBJECTIVE 4. The Audit covered the period 1 January to 31 December 2009. 5. This audit involved the completion of the current Compliance Return of the Department of Local Government relating to Regional Councils and involved: • Interviews with relevant staff members. • Review of agendas and minutes. • Review of supporting documentation and records. • Testing on a sample basis, where applicable, of the degree of compliance

with the requirements of the Compliance Return.

POSITIVE DEVELOPMENTS 6. Most Local Government Authorities complete their annual Compliance Return using internal resources. 7. At the request of council the MRC completed the 2009 and 2008 Compliance Returns internally after the 2007 Compliance Return was completed by an external consultant. The independent review was conducted by Graham McAtominey, a contract accountant with initial experience of 2 years external audit and over 19 years experience in finance and accounting, with the report outcomes providing the opportunity to maximise the continuous improvement benefits.

Instances of Non Compliance 8. The review identified 15 instances of procedural non-compliance with the 258 individual requirements of the Compliance Return. Observation 1 Delegation of Power/Duty Page 5

Observation 2 Disclosure of Interest Page 6 Observation 3 Local Government Employees Page 7

Observation 4 Local Laws Page 8

Observation 5 Meeting Processes Page 9

Observation 6 Tenders for the provision of Goods & Services Page 10 9. Details of non-compliance matters are reported from page 5.


ITEM 8.3.1


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CONCLUSION 10. Overall, the MRC has a high (88%) level of compliance with the requirements of the annual return of the Department of Local Government. The audit however identified a number of areas of non-compliance that will present opportunities for continuous improvement in 2010. 11. Graham McAtominey would like to thank the MRC staff members for their professional, courteous and prompt assistance during the audit, particularly Kalwant Dhillon, Mike Tolson, Kathleen van Son and their staff. ………………………. Graham McAtominey 9 March 2010

ITEM 8.3.1


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Observation 1 - Delegation of Power/Duty 1.1 Compliance Return Requirement Question 11 on page 2 of the Annual Compliance Return asks - “Has the CEO kept a register of all delegations made under the Act to him and to other employees?” (with reference to the Local Government Act s5.46(1)). Details of non - compliance All delegations made have been included in various files, records and minutes. The delegations made to the CEO were approved by Council during the year and the CEO has delegated his powers and duties in writing to other employees acting in the position of CEO during 2009. A Register of delegations is now maintained that records delegations made to the CEO and to employees from the CEO. However in one instance the CEO delegated his powers and duties in writing to an employee for 1/2 day and the delegation to that employee was not recorded on the Register of Delegations. Recommendation The register of delegations made under the Act records all delegations from the CEO to other employees. Management Comment Agreed.

5 Mindarie Regional Council 2009 Compliance Return ITEM 8.3.1


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Observation 2 – Disclosure of Interest 2.1 Compliance Return Requirement Question 5 on page 3 of the Annual Compliance Return asks - “Was a primary return lodged by all newly designated employees within three months of their start day?” (with reference to the Local Government Act s5.75(1) and Administration Reg 22 Form 2). Question 7 on page 3 of the Annual Compliance Return asks - “Was an annual return lodged by all designated employees by 31 August 2009?” (with reference to Local Government Act s5.76(1) and Administration Reg 23 Form 3). Details of non - compliance Employees acting as the CEO are classed as designated employees and are required to complete a primary return (form 2) and annual return (form 3). During 2009 the CEO delegated in writing under s5.44(2) the powers or duties of the CEO to employees who were acting in his position. Whilst 2 designated employees completed the primary return it was more than 3 months after the date they commenced acting as CEO and 1 employee acted for 1/2 day but no primary or annual return was completed. Recommendation An employee who acts in the position of CEO completes a primary return (form 2) within 3 months of the powers or duties of the CEO being delegated to them and completes an annual return (form 3) by 31 August each year. Management Comment Agreed.



Page 220

Observation 3 – Local Government Employees 3.1 Compliance Return Requirement Question 10 on page 11 of the Annual Compliance Return asks - “Was the performance of each employee, employed for a term of more than one year, (including the CEO and each senior employee), reviewed within the most recently completed 12 months of their term of employment?” (with reference to the Local Government Act s5.38). Details of non - compliance The total number of employees employed for more than a year is 37. It was identified that 8 employees had no performance review completed within the most recently completed 12 months of their term of employment (Anniversary date). It is noted that of these 8 employees 5 fulltime and 2 part time employees had a review completed in 2009 but it was after their anniversary date. Only 1 part time employee that worked weekends and has since resigned had no review completed. The 2008 Compliance return raised the same issue of non-compliance and it is noted that of the 8 employees who had no review in 2008 only 1 part time employee that worked weekends and has since resigned had no review in 2009. It is noted that since the 2008 Compliance return the performance review system has been improved and each employee now meets with their respective Manager and then the Chief Executive Officer to discuss their review each year. Recommendation The performance of each employee employed for a term of more than one year is reviewed in 2010 within the most recently completed 12 months of their anniversary date of their term of employment. Management CommentAgreed. Staff assessments are conducted as per a list based on calendar years.



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Observation 4 – Local Laws 4.1 Compliance Return Requirement Questions 14 to 16 on page 14 of the Annual Compliance Return asks “If the local government carried out a review of a local law under section 3.16 of the Act, to determine whether or not the local law should be repealed or amended, did it give Statewide public notice” (with reference to Local Government Act s3.16 (1)(2)) (i) stating that it intended to review the local law (Question14) (ii) advising that a copy of the local law could be inspected or obtained at the place specified in the notice (Question15); and (iii) detailing the closing date for submissions about the local law. (Question16) Details of non - compliance Tamala Park Local Law 2002 relating to site operations was reviewed in 2009 but no Statewide public notice was given advertising the details in (i) to (iii) above. Recommendation When the local government carries out a review of a local law under section 3.16 of the Act, to determine whether or not the local law should be repealed or amended, it gives Statewide public notice (i) stating that it intended to review the local law (ii) advising that a copy of the local law could be inspected or obtained at the place specified in the notice; and (iii) detailing the closing date for submissions about the local law Management CommentAgreed. 4.2 Matter of Best Practice The Standing Order (Local Law) 2000 was initially reviewed in 2006 and advertised on Saturday 6th May 2006 giving Statewide public notice with the details in (i) to (iii) above and Council approved at the OCM on 6/7/06 that the standing order be repealed and replaced with a new order. However the process in 2006 was never finalised as the new standing order to replace Standing Order 2000 was never progressed. The main reason it was never progressed is due to the employee who was progressing the issue left the employment of Mindarie Regional Council. After a period of 3 years the review of the existing standing order commenced again in 2009. Matter of best practice recommendation(i) A new order is progressed, finalised and approved through Council in a timely manner once Council has approved the repealing of an existing Local Law; or (ii) If the review of an existing standing order commenced again after an extended period of some years from the initial review that the process to repeal the law commences again and another Statewide public notice is advertised providing the details in (i) to (iii) above.



Page 222

Observation 5 – Meeting Processes 5.1 Compliance Return Requirement Question 20 on page 16 of the Annual Compliance Return asks - “Were the minutes of all Council and committee meetings signed to certify their confirmation by the person presiding at the meeting at which the minutes of Council or committee were confirmed.?” (with reference to the Local Government Act s5.22 (2)(3)) Details of non - compliance The minutes of all ordinary and special Council meetings in 2009 were signed to certify their confirmation by the person presiding at the meeting at which the minutes of Council were confirmed. However the minutes for the audit committee meeting on 9/4/09 were unsigned. Recommendation The minutes of all Audit Committee meetings be signed to certify their confirmation by the person presiding at the meeting at which the minutes of the committee were confirmed. Management CommentThe Audit Committee minutes were tabled at the Ordinary Council Meeting of 23rd April 2009 and adopted by the Council. Council minutes were subsequently confirmed and signed at 23rd July Council meeting. Noted the requirement for the minutes of the Audit committee to be signed in future.



Page 223

Observation 6 – Tenders for the provision of Goods & Services 6.1 Compliance Return Requirement Question 1 on page 21 of the Annual Compliance Return asks - “Did the local government invite tenders on all occasions (before entering into contracts for the supply of goods or services) where the consideration under the contract was, or was expected to be, worth more than the consideration stated in Regulation 11(1) of the Local Government (Functions & General) Regulations (Subject to Functions and General Regulation 11(2))?” (with reference to the Local Government Act s3.57 and Functions and General Regulation 11). Details of non - compliance A review was performed of all vendors that have provided goods and services to Mindarie during the 2009 calendar year with a value > $100,000. Whilst the majority of vendors had provided goods and services as a result of a public tender process the review identified 4 vendors that provided goods and services with a value > $100,000 where no public tender process was conducted. The 2008 Compliance report identified 5 vendors that provided goods and services to Mindarie with a value > $100,000 where no public tender process was conducted. Action taken since that report is a public tender process was conducted that appointed 3 of those vendors to panel contract 13/99. This panel contract awards services to providers on an as required basis based on services required and value for money but the contract is silent on the number of providers to be approached so as a matter for best practice clear guidelines be established for the selecting and recording which service provider is to be awarded services under the contract. Recommendation 1) Mindarie Regional Council considers inviting public tenders in 2010 for the 4 vendors that provided goods and services with a value > $100,000 where no public tender process was conducted. 2) As a matter of best practice and as an opportunity for continuous improvement Mindarie monitors on a regular basis the total value of goods and services provided by vendors to identify situations when a public tender process needs to be initiated. 3) A matter for best practice is that panel contracts establish clear guidelines for the basis of selecting and recording which service provider is to be awarded services under the contract. Management Comment1) One vendor is a sole supplier used to ensure compatibility with the existing leachate pumping system. Through the lack of equipment availability another vendor was considered the only local supplier to supply the hire of a water truck. The other two suppliers had distinct projects at different times in the financial year. 2) Noted and will explore this further. 3) Agreed.



Page 224

Observation 6 – Tenders for the provision of Goods & Services (continued) 6.2 Compliance Return Requirement Question 2 on page 21 of the Annual Compliance Return asks - “Has the local government, as far as it is aware, only entered into a single contract rather than multiple contracts so as to avoid the requirements to call tenders in accordance with F&G Reg 11(1)?” (with reference to the Local Government Act s3.57 and Functions and General Regulation 12). Details of non - compliance The local government has conducted 2 quotation processes during 2009 to award services for 2 Waste management contracts. The successful service provider is to provide services for 1 project to ‘Characterise Bulky Waste Stream delivered to Tamala Park and City of Stirling Balcatta Recycling Centre’ and a 2nd project for ‘Bulky Hardwaste and Greenwaste Collected from Verges’. Each of these projects were awarded with a value less than $100,000 and the value for services if both contracts were under one contract would be over $100,000. It is noted that at no time did the local government intend to avoid the requirements to call tenders. These projects are for similar work and the quote process conducted for the 2 multiple contracts could have been combined into one contract and a public tender process initiated. RecommendationConsider whether multiple contracts awarded under a quotation process could be combined into a single contract where public tenders will be called. Management CommentIn this instance the projects were 2 Regional Investment Plan funded projects through the Waste Authority. They are separate projects with a requirement to produce separate, project specific reports. The Mindarie Regional Council is also required to account for the funding of the individual projects separately. It is agreed that the scope of work for the two projects was similar; however, due to the above, the projects were managed separately. At no time did Mindarie Regional Council intend to avoid the requirements to call tenders.



Page 225

Observation 6 – Tenders for the provision of Goods & Services (continued) 6.3 Compliance Return Requirement Question 5 on page 21 of the Annual Compliance Return asks - “Did all the local government’s invitations to tender include information as to where and how tenders could be submitted?” (with reference to the Local Government Act s3.57 and Functions and General Regulation 14(3)). Details of non - compliance All Statewide public notices inviting tenders included information for every tender as to where tenders could be submitted with 5 out of 7 notices including information as to how the tenders could be submitted. Generally all advertising notices had the wording that 'tenders must be presented in a sealed envelope clearly marked with the tender number'. However in 2 notices this wording was missing with the notices indicating that tenders could not be submitted by facsimile or email but there was no other information as to how tenders could be submitted. RecommendationAll the local government’s Statewide public notices for invitations to tender include information as to how tenders could be submitted. Management CommentAgreed.



Page 226

Observation 6 – Tenders for the provision of Goods & Services (continued) 6.4 Compliance Return Requirement Questions 23, 26 and 29 on pages 22 and 23 of the Annual Compliance Return asks, if in accordance with the Functions and General Regulation 17, if The tender register includes, for each invitation to tender - Q23 - particulars of the making of - (i) the decision to invite tenders; and (ii) if applicable, the decision to seek expressions of interest under regulation 21(1); Q26 - a copy of the notice of invitation to tender; and Q29 - the amount of the consideration or a summary of the amount of the consideration sought in the tender accepted by the local government. Details of non - compliance Q23 - The Register didn’t include for Tenders 13/96 to 13/100 the particulars of the decision made to invite tenders, even though the decision has been minuted. However improvement occurred during 2009 as the Register recorded the details of the decision for the last 2 tenders in 2009 (13/101 & 13/102). In all cases the decision to seek expressions of interest under Regulation 21(1) was not applicable. Q26 – All tenders were advertised in a notice of invitation to tender. However, only one tender 13/100 had no copy of the notice of invitation to tender on the tenders register. Q29 – The Tender Register recorded the amount of the consideration of the accepted tender with the exception of tender 13/99 which was awarded as a panel contract. The panel of tenderers was approved by Council and whilst the tender register made reference to the OCM minutes on 15/10/09 there was no consideration recorded in the register for each panel member under the contract. Recommendation As an opportunity for continuous improvement the Tender Register includes the following information; Q23 –the particulars of the decision made to invite tenders and the decision to seek expressions of interest under Regulation 21(1) or record if it was not applicable. Q26 – a copy of the advertisement notice of invitation to tender; and Q29 - the amount of the consideration of the accepted tender and each service provider in a panel contract. Management CommentAgreed.



Page 227

Observation 6 – Tenders for the provision of Goods & Services (continued) 6.5 Compliance Return Requirement Question 30 on page 23 of the Annual Compliance Return asks - “Was each tenderer sent written notice advising particulars of the successful tender or advising that no tender was accepted?” (with reference to the Local Government Act s3.57 and Functions and General Regulation 19). Details of non - compliance In most cases each tenderer was sent written notice advising the name of the successful tender but not advising the amount of the consideration of the successful tender. However two tenders 13/97 and 13/102 had no letters sent. One tender 13/99 had letters sent advising each tenderer they were appointed to a panel of service providers but didn't advise each tenderer of the other successful service providers awarded under the contract. Recommendation Each tenderer be sent written notice advising particulars of the successful tender or advising that no tender was accepted. Management Comment Agreed.



Page 228

ATTACHMENT THREE

TO ITEM 3.2


07 APRIL 2010

COMPLIANCE AUDIT RETURN COMPARISON 2006 TO 2008

ITEM 8.3.1


Page 229

CONTINUOUS IMPROVEMENT PLAN AS AT JUNE 2009

FOR 2006 COMPLIANCE AUDIT RETURN COR/12-02 D/09/4015

Item No

Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

1.1 s5.39

Admin Reg 18B

Observation 1 – Local Government Employees Questions 14 & 15 asks “Did the contract for the CEO details the maximum amount of money payable if the contract is terminated before the expiry date and the amount is the lesser of the value of – • One year’s remuneration

under the contract; or

• The value of the remuneration they would be entitled to had the contract not been terminated.

• This matter has been addressed on 18/01/07 per clause 14.2 of the new contract for the CEO.

CEO’s contract to be monitored in conjunction with this 2006 Compliance Review

Agreed for 2006 and now changed

CEO HRO

18/01/07 Complete. CEO contract revised

1.2 s5.50(1) Questions 16 & 17 asks “Did Council adopt a policy relating to employees whose employment terminates, setting out – • The circumstances in which

council would pay an additional amount to that which the employee is entitled under a contract or award; and

• The manner of assessment of an additional amount.

• No Gratuities Policy exists

Refer to current MRC Union Collective Workplace Agreement 2008.

There are no circumstances in which an additional amount will be paid under the current MRC Union Collective Workplace Agreement 2008.

CEO MGT HRO

2008 onward

Not applicable

ITEM 8.3.1


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Item No

Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

2.1 s5.55 Observation 2 – Finance

Question 4 asks “Did the CEO give local public notice of the availability of the annual report as soon as practicable after the local government accepted the report.”

Annual report was tabled on 8/12/05 Ordinary Council meeting. Annual Report public notice was dated 06/05/06, 149 days after the Council approval. Not considered “as soon as practicable”

The Admin Manager to monitor advertising of Annual Report following it being tabled at the OCM.

Agreed. Admin Manager to liaise directly with Marketing Manager and Governance Officer

Admin Mgr

2006 onwards

Complied in 2009

2.2 s5.56 Admin Reg 19C(2)

Question 5 asks “Has the local government made a plan for the future of its district in respect of the period specified in the plan, being at least 2 financial years (with reference to Section 5.56 of the Local Government Act 1995 Administration Regulation 19C(2).

April 2006 Business Plan covered a single year being the 12 months ending 30/06/07 and not the required 2 year period.

Discuss with CEO and CFO for clarification on the two years specified in LG Act 1995 Admin Reg 19C(2).

Council has a Strategic Plan covering 20 years, 2009-2029, in addition, an Annual Business Plan for each financial year is in place.

CEO & CFO

Mgt Meeting wk comm 6/7/07

Complied

2.3 Financial Management Reg 33

Question 19 asks “Was the 2006/2007 budget forwarded to the Dept of Local Government & Regional Development within 30 days of its adoption.

The MRC at its OCM on 17/08/06 approved the 2006/2007 budget per agenda item 9.1.4. The budget was forwarded to DLGRD on 21/09/06 being 35 days after its adoption.

To be monitored immediately following approval of budget at OCM meeting each year.

Agreed. CFO 24 July 2007

Complied since 2008

ITEM 8.3.1


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Item No

Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

2.4 FM Reg

11(1) Observation 2 – Finance (Cont’d)

Question 46 & 47 asks “Has the local government developed procedures for the authorisation of, and the payment of, accounts to ensure that there is effective security for and properly authorised use of –

• Cheques, credit cards, computer encryption devices and passwords, purchasing cards and other devices or methods by which goods, services, money or other benefits may be obtained; and

• Petty cash systems

• 3B Finance Policy

• C1 Budgeting Procedure

• C2 Accounting Procedure

The above Policies and Procedures adequately cover the authorisation and payment of accounts however they do not cover the security requirements to prevent “unauthorised use” of the above devices except Corp Credit Card of CEO.

That Policy and Procedures be reviewed in relation to security requirements to prevent “unauthorised use” of these devices CEO Credit Card has an approval procedure implemented in 2008.

Procedures are now in place to prevent unauthorized use

CFO 6 July 2007

3.1 s5.76(1) Admin Reg 23

Observation 3 – Disclosure of Interest Question 6 asks “Was an annual return lodged by all continuing elected members by 31/08/06

Six continuing elected members lodged their annual returns, per the GOV/5092 file on 7, 8 and 28 September 2006 respectively.

Governance procedures and checklists have been created to monitor lodgement of annual return

Agreed. Admin Mgr to progress

Admin Mgr

6 July 2007

Ongoing

ITEM 8.3.1


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Item No

Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

3.2 s5.88(1),

(2) & Admin Reg 2

Observation 3 – Disclosure of Interest (Cont’d) Question 10 asks “Did the CEO keep a register of financial interests which contained a record of disclosures made under sections 5.65, 5.70 and 5.71 in the form prescribed in Administration Regulation 28.

Verbal agreement only was provided at the 4/5/05 SCM. A similar breach occurred in 2005. The CEO advised that in the future such agreement would be minuted.

Governance procedures to be implemented to moniter and register financial interests Governance procedures to be implemented to cover minuting of all council meeting agenda items

Agreed. Admin Mgr to progress

Admin Mgr

6 July 2007

Ongoing

4.1 Best Practice Matters

The MRC Audit Committee met once in 2006 being on 14/6/06. The committee did not formally meet to discuss the audited annual report for 2006.

The current Audit Committee has 3 members with 2 members attending their meeting on 14/6/06.

The Audit Committee should meet before the auditors commence their financial statement audit and on completion of their audit. Consideration be given to have an additional member of the Audit Committee to reduce the risk of having to reconvene a meeting due to not having a quorum and to broaden the focus on audit matters.

Clarify member numbers on Audit Committee. Confirm audit committee meets prior and following financial statement audit.

An external member has been appointed to the Audit Committee and the Council will endeavour to hold two meetings of the committee whenever possible

CFO 6 July 2007

ITEM 8.3.1


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Item No

Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

4.2 A Public Notice was placed in

the West Australian on 18/2/06 inviting tenders for the “supply and delivery of a new skid steer loader with trade in” being tender numbered 13/74. This notice did not include details of how tenders were to be submitted. The public notice for other 2006 tenders, numbered 13/75 and 13/76, stated that tenders should be presented in a sealed envelope and that tenders submitted by facsimile or other electronic means will not be accepted.

Public notices should always state that tenders are to be submitted in a sealed envelope and that tenders submitted by facsimile or other electronic means will not be accepted.

Procurement & Tender Policy 2007 now includes this recommendation

Agreed. Admin Mgr

6 July 2007

Ongoing

ITEM 8.3.1


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FOR 2007 COMPLIANCE AUDIT RETURN

Item No

Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

1 Admin Reg

13 Observation 1 – Meeting Processes

Question 47 asks “Did the local government make available for public inspection unconfirmed minutes of all committee meetings within 5 business days after the committee meeting?

The unconfirmed minutes of the meeting of the MRC Audit Committee held on 25 June 2007 were not made available for public inspection.

Governance procedures have been implemented with respect to public inspection of all unconfirmed minutes of committee meetings

Agreed and confirmed by Admin Mgr

Admin Mgr

June 2007

Observed & monitored

2 F&G Reg 14(3)(4)

Observation 2 – Tenders for the Provision of Goods & Services

Question 10 asks “Did the local government ensure information was made available to all prospective tenderers on whether or not tenders were allowed to be submitted by facsimile or other electronic means and if so, how tenders were to be submitted”

The public notices for Tenders 13/79, 13/81, 13/82 did not state if tenders were allowed to be submitted by facsimile or other electronic means.

Governance procedures have been implemented with respect to tenders submitted by facsimile or other electronic means


Admin Mgr

June 2007


2.1 F&G Reg 17 (2) & (3)

Question 22 asks “If in accordance with the Functions & General Regulation 17, if

(2) The tender register includes, for each invitation to tender –

(a) a brief description of the goods or services required;

(b) particulars of the making of –

(i) the decision to invite tenders; and

(ii) if applicable, the decision to

While the information referred to was included in various files and minutes, it was not included in a Tender Register. It is noted that this Register had previously been maintained by the MRC.

The MRC Tender Register has been updated to include this information.


Admin Mgr

June 2007


ITEM 8.3.1


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Item No

Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

seek expressions of interest under regulation 21(1);

(c) particulars of –

(i) any notice by which expressions of interest from prospective tenderers was sought;

(ii) any person who submitted an expression of interest; and

(iii) any list of acceptable tenderers that was prepared under regulation 23(4);

(d) a copy of the notice of the invitation to tender;

(e) the name of each tenderer whose tender has been opened; and

(f) the name of any successful tenderer

(3) The tenders register is to include for each invitation to tender the amount of the consideration or a summary of the amount of the consideration sought in the tender accepted by the local government.

ITEM 8.3.1


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Item No

Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

2.2 Observation 2 – Tenders for the

Provision of Goods & Services (Cont’d) – Best Practice Matter

The following matter is not a breach of the requirements of the Annual Compliance Return but is reported as an opportunity for the MRC to improve its management of the legal risks associated with tenders.

The public notice for tenders numbered 13/79, 13/81 and 13/82, did not state that “the lowest or any tender(s) need not necessarily be accepted.” This wording was included in the public notice for tender numbered 13/83 and should be included on all MRC tenders.

That this information be updated to reflect this suggestion.

The suggested wording “the lowest or any tender(s) need not necessarily be accepted.” Has now been included in MRC public notices for Tenders


Admin Mgr

June 2007

Ongoing monitoring

ITEM 8.3.1


Page 237



Item No

Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

1.1 s5.4

6(1) Observation 1 - Delegation of Power/Duty Question 11 asks “Has the CEO kept a register of all delegations made under the Act to him and to other employees?”

All delegations made have been included in various files, records and minutes. The CEO has delegated his powers and duties in writing to other employees acting in the position of CEO during 2008 however, they were not included in a Register of Delegations.

A register of all delegations to the CEO made under the Act and from the CEO to other employees has been implemented and maintained.

Agreed Admin Mgr May 2009 Ongoing Monitoring

2.1 s5.75(1) Admin Reg 22 Form 2. s5.76(1) Admin Reg 23 Form 3.

Observation 2 - Disclosure of Interest

Question 5 asks “Was a primary return lodged by all newly designated employees within three months of their start day.

Question 7 asks “Was an annual return lodged by all designated employees by 31 August 2008?”

During 2008 the CEO delegated in writing the powers or duties of the CEO to an employee who was acting in his position while the CEO was on annual leave. The employees did not complete a primary or annual return.

An employee who acts in the position of CEO completes a primary return (form 2) within 3 months of the powers or duties of the CEO being delegated to them and completes an annual return (form 3) by 31 August each year.

Agreed. As part of continuous improvement, management will be implementing this practice for 2009.

CEO Commenced May 2009

Ongoing Monitoring

ITEM 8.3.1


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Item No

Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

2.2 s5.7

6(1) Admin Reg 23 Form 3.

Question 6 asks “Was an annual return lodged by all continuing elected members by 31 August 2008?

The annual return reconciliation for 30 June 2008 indicates that 3 elected members lodged their annual returns in September 2008.

That an annual return is lodged by all continuing elected members by 31 August of each year.

Agreed CEO & Admin Mgr

Commenced May 2009

Complied in 2009

2.3 s5.77

Observation 2 - Disclosure of Interest (Cont’d)

Question 8 asks “On receipt of a primary or annual return, did the CEO, (or the Mayor/President in the case of the CEO’s return) on all occasions, give written acknowledgment of having received the return?”

Councillors appointed in Dec 07 completed their primary returns in 2008 but no written acknowledgement of having received the primary return was given.

On receipt of a primary return the CEO to provide written acknowledgement to members of having received the return.

Agreed. CEO & Admin Mgr

Commenced May 2009

Complied in 2009

ITEM 8.3.1


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Item No

Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

2.4 s5.8

8(1)(2) Admin Reg 2 s5.88(3)

Question 10 asks “Did the CEO keep a register of financial interests which contained a record of disclosures made under sections 5.65, 5.70 and 5.71, in the form prescribed in Administration Regulation 28?” Question 11 asks “Has the CEO removed all returns from the register when a person ceased to be a person required to lodge a return under Section 5.75 or 5.76?”

No register of financial interests was kept in the form required under s5.88 then the return of Councillor Paul Miles wasn’t removed when he ceased to be a person required to lodge a return.

(a) A register of financial interests be maintained in line with s5.88 and Admin Reg 28. (b) All returns are removed from the register when a person ceased to be a person required to lodge a return under section 5.75 or 5.76.

Agreed. Although the collective returns can be construed as a 'Register' of Financial Interest then as part of the continuous improvement the electronic summary will be maintained in the future. Agreed for continuous improvement.

CEO & Admin Mgr

Commenced May 2009

Complied in 2009

ITEM 8.3.1


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Item No

Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

3.1 s5.5

5 Observation 3 – Finance Question 4 asks “Did the CEO give local public notice of the availability of the annual report as soon as practicable after the local government accepted the report?”

The 2007 Annual Report timeframe of 4½ months appears to be longer than is practicable. Continuous improvement occurred in 2008 as the 2008 annual report was accepted at the OCM on 11/12/2008 and was advertised after around 2 months on 14/02/2009.

That the local public notice of the availability of the annual report is placed within a reasonable time after the local government accepts the report.

Agreed to adopt the recommendation as part of a continuous improvement process.

Marketing Mgr and Admin Mgr

March 2010 Complied in 2009. Ongoing Monitoring by Admin Mgr

3.2 Admin Reg 19D

Question 6 asks “After a plan for the future or modifications to a plan were adopted under regulation 19C, did the local government give public notice in accordance with Regulation 19D subsection (2)?”

The plan for the future was included in the annual report and the revised Strategic plan was approved by council in 2008 by an absolute majority. However no local public notice was given in accordance with regulation 19D subsection (2).

That the plan for the future is advertised under local public notices as soon as is practicable after being adopted under regulation 19C.

Agreed. Information to be available on the website and management will endeavour to advertise in the papers in the future.

CEO, Admin Mgr & Mktg Mgr

March 2010 Ongoing Monitoring

ITEM 8.3.1


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Item No

Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

3.3 s6.4

(3)(b)

Question 23 asks “Was the annual financial report, prepared for the financial year ended 30 June 2008, submitted to the Auditor by 30 September 2008 or by the extended time allowed by the Minister or his delegate?”

The auditors received the draft 2008 financial report in early November during the audit with the final annual report given to them on 20 November 2008.

That the annual financial report is submitted to the Auditor by 30 September each year or by the extended time allowed by the Minister or his delegate.

Agreed to adopt the recommendation as part of a continuous improvement process.

CFO 1 August 2009 Complied in 2009

4.1 s5.38

Observation 4 - Local Government Employees Question 10 asks “Was the performance of each employee, employed for a term of more than one year, (including the CEO and each senior employee), reviewed within the most recently completed 12 months of their term of employment?”

In 2008, 8 employees had no review conducted within the most recently completed 12 months of their term of employment. It is noted that a plan is in place for 2009 to complete performance reviews in the operations area of the 8 employees who had no review in 2008.

That the performance of each employee employed for a term of more than one year is reviewed in 2009 within the most recently completed 12 months of their term of employment.

Noted. The performance review system is currently being reviewed and these matters will be taken into account to ensure compliance.

CEO and Mgrs

Upon commencement of anniversary of each employee

New performance Review form and system commenced in 2009. Ongoing monitoring in place.

ITEM 8.3.1


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Item No

Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

5.1 Adm

in Reg 13

Observation 5 - Meeting Processes Question 46 asks “Did the local government make available for public inspection unconfirmed minutes of all Council meetings within 10 business days after the Council meetings

Four council meetings in 2008 were loaded onto the web more than 10 business days after the date of council meetings.

That the unconfirmed minutes of the Council meetings and Audit Committee meetings are made available for public inspection within 10 business days after the Council meetings and within 5 business days after the Audit Committee meetings.

The recommendations of the Audit Committee need to be adopted by the Council prior to being available to the public.

Admin Mgr Following 2008 Compliance Return

Complied in 2009. Ongoing Monitoring in place

Admin Reg 13

Observation 5 - Meeting Processes (Cont’d) Question 47 asks “Did the local government make available for public inspection unconfirmed minutes of all committee meetings within 5 business days after the committee meeting?”

The unconfirmed minutes of the Audit Committee meetings held on 24 April 2008 and 18 August 2008 were not made available within 5 business days after the date of the audit committee meetings.

That the unconfirmed minutes of all Committee meetings be made available within 5 business days after the date of the said committee meetings

Agreed Admin Mgr Commenced following 2008 Compliance Return

Complied in 2009. Ongoing monitoring in place

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Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

5.2 Act

s5.103(3) Admin Reg 34B

Question 56 asks “Has the CEO kept a register of all token gifts received by Council members and employees?”

No register is maintained that contains the information required for notifiable gifts per Admin Regulation 34B.

A register of all notifiable gifts received by Council members and employees be kept in accordance with Admin Regulation 34B.

Agreed Admin Mgr Following lodgement of 2008 Compliance Return

A register is now kept and Ongoing monitoring is in place

6.1 s.3.57 F&G Reg 11

Observation 6 - Tenders for the provision of Goods & Services Question 1 asks “Did the local government invite tenders on all occasions (before entering into contracts for the supply of goods or services) where the consideration under the contract was, or was expected to be, worth more than the consideration stated in Regulation 11(1) of the Local Government (Functions & General) Regulations (subject to Functions & General Regulation 11(2))?”

The review identified 5 vendors that provided goods and services with a value > $100,000 where no public tender process was conducted.

MRC considers inviting public tenders in 2009 for the 5 vendors that provided goods and services with a value > $100,000 where no public tender process was conducted and uses this opportunity for continuous improvement to monitor on a regular basis the total value of goods and services provided by vendors to identify situations when a public tender process needs to be initiated.

Management has already been considering adopting the above approach as part of the continuous improvement process.

Mgrs Prior to each tender invitation

Ongoing monitoring

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Reference

Return Requirement

Audit Comment

Recommendation

Management Comment

By

When

Progress

6.2 F&G

Reg 17 (2) & (3)

Observation 6 - Tenders for the provision of Goods & Services (Cont’d) Question 23 to 25, 28 and 29 asks “If in accordance with the Functions & General Reg 17, if The tender register includes, for each invitation to tender – Q23 – particulars of the making of- (i) the decision to invite

tenders; and (ii) if applicable, the decision

to seek expressions of interest under Reg 21(1);

Q24 & 25 particulars of – (i) any notice by which

expressions of interests from prospective tenderers was sought;

(ii) any person who submitted an expression of interest; and

(iii) any list of acceptable tenderers that was prepared under Reg 23(4);

Q28 – the name of any successful tenderer; and Q29 – the amount of the consideration or a summary of the amount of the consideration sought in the tender accepted by the local government.

Q23 -The Register didn’t include this information for Tenders 13/88, 13/89, 13/90 and 13/91 Q24 & 25 – No expressions of interest were sought during 2008 and the Tender Register includes no reference to these being not applicable. Q28 & 29 – This information was not included in a Tender Register. It is noted that the 2007 Compliance Audit found that the Tender Register has been kept and improvements have occurred in the processes and forms used to collect the information for the Tenders Register. In all cases the decision to seek expressions of interest under Reg 21(1) was not applicable.

That as an opportunity for continuous improvement the Tender Register includes the following information; Q23 – the particulars of the decision made to invite tenders and the decision to seek expressions of interest under Reg 21(1) OR record if it was not applicable. Q24 & 25 – an indication for each tender that no expression of interest were sought, submitted and no acceptable tenderers were chosen, and Q28 & 29 – The name of any successful tenderer and the amount of the consideration of the accepted tender.

Agreed.

Admin Mgr Following completion of 2008 Compliance Return

Ongoing Monitoring recommended

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Reference

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Audit Comment

Recommendation

Management Comment

By

When

Progress

6.3 Best Practice Matter

The best practice matter was that the public notice for all tenders should include the wording “the lowest or any tender(s) need not necessarily be accepted.”

That this wording be included in all MRC public notice for tender(s)

Agreed and included

Admin Mgr Following completion of 2007 Compliance Return

Ongoing Monitoring recommended

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