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Request for Proposal
P2019-01
Des Renford Leisure Centre Meeting Room Use
Closing Date: 5:00pm, 18 September 2018
Contract Period: 12 month License Agreement
Contact Officer: Reece Heddle
Manager, Aquatic Services
Phone: (02) 9093 6300
Email: [email protected]
Method of Lodgement: E-mail to [email protected]
Trim Reference: F2018/00409
Please Note:
1. Council staff will accept NO responsibility for submission lodgement.
2. Faxed or verbal submissions are invalid and WILL NOT BE CONSIDERED.
SHORT-TERM LICENCE
This request for proposal is for the exclusive use of room space at the Des Renford
Leisure Centre (DRLC), specifically the DRLC Meeting Room for a period of 12 months
from the commencement of the agreement.
The Conditions of Contract which shall apply to this Contract shall be the ‘Short-term
Licence: Section 2.20 Crown Land Management Act 2016’. A copy is provided with
this document as Attachment B.
Each requirement listed below outlines the parameters that the Business must abide
by. All points must be addressed in the response form (Attachment A) and any/all
supporting documentation included in your submission.
Randwick City Council is the second oldest local government area in New South
Wales, proclaimed on 22 February 1859. The boundaries of the city have remained
largely unchanged since this time and stretch from Centennial Park in the North to
La Perouse in the South. Randwick City is a large inner city Council with an area of
36 square kilometres and with a diverse population of over 142,000 people.
The environment is diverse, includes extensive areas of open space, beaches and
coastline, residential areas with a mix of densities, commercial centres, a specialised
health and medial precinct centred around the University of NSW, Randwick Hospitals
campus and industrial land including Port Botany.
Our long term directions for the City are contained in the Randwick City Plan, our 20
year strategic plan, which provides our community’s vision and long term goals for
the health and wellbeing of our people, our economy, and the natural and built
environment.
3.1. Operating Hours
The Des Renford Leisure Centre is open the following hours:
GYM
Monday – Thursday 5:30am – 10:00pm
Friday 5:30am – 8:30pm
Saturday & Sunday 7:00am – 6:00pm
Public Holidays 8:00am – 5:00pm
POOLS
Monday – Thursday 6:00am – 9:00pm
Friday 6:00am – 8:00pm
Saturday & Sunday 7:00am – 6:00pm
Public Holidays 8:00am – 5:00pm
Closed: Christmas Day and Good Friday.
The Business is required to operate within these opening hours, with all
employees and clients restricted to enter after the opening time and exit prior
to the closing time of any given day.
Each Business is required to outline their intended operating hours in their
proposal; Monday – Sunday and also Public Holidays.
3.2. Approved Activities
The Business is permitted to conduct only the Activities specified in their
proposal and agreed with DRLC Management prior to the commencement of the
term, provided they are qualified in that field and deemed not to be in
competition with DRLC or Council. These Activities can be conducted in the
DRLC Meeting Room, provided they do not disrupt DRLC operations and the
Business is fully certified and permitted to conduct such Activities.
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Each business must specify the complete list of Activities they wish to conduct
onsite at DRLC.
3.3. Prohibited Activities
The successful Business is not permitted to conduct any Activities outside what
is specified in their proposal and agreed with DRLC Management. The Business
is prohibited from conducting any illegal Activities or those deemed to be in
competition with DRLC or Council. Any Activities to be conducted outside of the
DRLC Meeting Room, DRLC Swimming Pools &/or DRLC Gym, are prohibited
unless a formal request in writing has been made and approved by DRLC
Management.
Activities deemed to be in competition with DRLC or Council include, but are
not limited to: Personal Training, Learn to Swim instruction, Group Fitness
classes, Small Group Training Sessions, Squad Coaching, Birthday Parties, and
Exercise Prescription (not including Rehabilitation Programming). This list is not
exhaustive and can be added to at any point by DRLC Management.
3.4. Facility Usage (Restrictions)
The Des Renford Leisure Centre permits access and use to the DRLC Meeting
Room for the Business. Access and exit to this room for daily business
operations must be conducted through the ‘external’ door closest to the main
entrance to DRLC. The DRLC reception and employees are neither available
nor permitted to be used for any of the Business’ administration or clerical
tasks.
DRLC, Council and the Department of Primary Industries are not liable for
disruptions to the Business’ operations due to DRLC operated activities,
electrical disruption, phone line disruption or any other planned or unplanned
disruption.
Access and use of the DRLC gym and swimming pools is permitted by the
Business’ employees and clients, as long as all DRLC Facility ‘Conditions of
Entry’ have been met and adhered to at all times.
All Principle and employees whether in a paid or voluntary capacity cannot
utilise any facilities or services at DRLC in their own time without paying the
applicable fee.
3.5. Room Details
The Des Renford Leisure Centre meeting room is approximately 10m2 and is
located on the ground floor of the Centre. The room has two entry/exit points,
both of which are able to be locked. The ‘external’ door entry/exit nearest the
main sliding doors to the Centre is to be the primary access point used for the
Business’ daily operations. The two doors opening into the Centre’s atrium area
are only to be used by the Business’ employees when carrying out business
activities approved by DRLC Management.
The entire north wall of the Meeting Room is floor to ceiling windows, all of
which are fitted with both filtered and block out blinds. The floors are covered
in carpet, with the walls painted a neutral off-white and another wall orange-
red.
The room is in excellent condition and state of repair. It is the responsibility of
the Business to maintain both the cleanliness and repair of the room. DRLC’s
contracted cleaning agency is available to perform a daily overnight clean,
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however this will only consist of wiping/dusting cleared surfaces and vacuuming
the floors.
3.6. Client Access
The agreed license fee between DRLC and the Business will include any access
to and use of the Facility as required in order to fulfil approved Business
activities.
Client access does not permit use of the Facilities outside of the Business
appointment nor without being accompanied by a Business employee. If a client
wishes to access or use DRLC’s facilities outside of their appointment with the
Business, they are required to pay the applicable DRLC fees.
3.7. Advertising Restrictions
The Business is not permitted to advertise inside the walls of DRLC or any other
Council site, aside from a single retractable banner near the ‘external’ entry/exit
door of DRLC. This retractable banner must be viewed and approved by DRLC
Management prior to being manufactured and used.
There will be no option to advertise via external signage, DRLC social media,
multiscreen or any other advertising medium utilised by the Centre.
Similarly, the Business will not be permitted to use DRLC or Council
logos/images in any of its advertising material or stationery. The Business is
permitted to use the name of the Centre (Des Renford Leisure Centre) for the
purpose of identifying the address and location of their operations.
3.8. Cost Inclusion
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The licence fees for use of the DRLC Meeting Room includes electricity and is to
be paid monthly in advance.
The business is also required to pay one month’s security deposit to be held by
Council for the duration of the occupation prior to commencing their occupation.
This security deposit can be drawn upon in the event of any damage or unpaid
fees for the DRLC Meeting Room. The security deposit must be topped up
immediately by the licensee if it is drawn upon. The security deposit is
refundable at expiry of the occupation and completion of all occupation
obligations.
Each business must specify the monthly license fee excluding GST it is
proposing to pay to conduct approved business activities at the DRLC. The
licence fee is payable monthly in advance.
3.9. DRLC Support
DRLC and Council are not required to assist or help grow the Business’ clientele
nor volume of trade. Beyond an occupation agreement outlined in the
aforementioned points, DRLC and Randwick City Council are not responsible for
the success or demise of the Business.
3.10. Insurances & Qualifications
The Business and its employees are required to have all necessary qualifications
and certifications as required by their industry regulator or as requested by
DRLC. These qualifications and certifications must be current and it is the
responsibility of the Business to ensure they remain up to date and valid.
In addition to this, the Business is also required to have Public Liability /
Professional Indemnity insurance to the value of $20,000,000 and hold current
Workers Compensation Insurance.
All Business employees are also required to hold a current Working With
Children Check (WWCC) valid in NSW. This WWCC must be a Paid Employment
Check, not a Volunteer clearance.
The Business will be required to produce original copies of all qualifications and
certificates for DRLC to view and take copies. If/when a qualification or
certificate is updated it is the responsibility of the Business to supply the
updated original for DRLC to view and take a new copy.
The business is required to provide a current copy of the annual Public Liability
Professional Indemnity Certificate of Currency noting the interest of Randwick
City Council. A copy of Certificates of currency must be provided prior to
commencement of agreement and upon renewal of policy.
3.11. End of Term
Prior to the end of the 12 month agreement, DRLC as it sees fit, may advertise
for a new request for proposal for the next 12 months or cease providing the
DRLC Meeting Room altogether.
The successful Business will be required to remove all equipment, rubbish and
any other items and leave the DRLC Meeting room in the same state of repair,
cleanliness and condition as at commencement of the occupation at the end of
the 12 month period.
The month’s security deposit will be returned; less any monies owing and less
any cost for repairs within 6 weeks of the completed agreement.
There will be no guarantee that the previous Business will be successful in
future arrangements.
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Please provide a minimum of two (non-Randwick City Council) references of other
similar/relevant arrangements to this RFQ within the last 3 years.
The following criteria will be used to assess proposals:
Company experience and capacity to fulfil the requirements of this RFQ as per
Section 3 ‘Requirements’.
Activities that have minimal impact on DRLC day to day operations.
Activities that complement existing DRLC services.
Value for money.
Respondents must lodge their submissions by emailing then to
All submissions shall be in writing and should include the following:
A completed response form Attachment A;
Copies of all insurance Certificates of Currency as per Insurance Requirements;
and
Any additional documentation that supports your experience and capability to
fulfil the requirements of this RFQ.
After closing Council’s evaluation committee will review the submissions received.
Once the evaluation has been finalised, respondents will be advised if they have been
successful or unsuccessful.
Council will notify the successful respondent by way of a letter of acceptance. A formal
contract is then to be executed and a signed copy must be returned to Council within
14 days of the date on the letter of acceptance.
No statement made by any member of Council’s staff may be construed as modifying
this RFQ unless confirmed in writing by Council.
Any advice, given by Council to a respondent for the purpose of clarifying the meaning
of, or containing information relevant to this RFQ, will also be given to all other
respondents (without disclosing the name of the respondent who sought the
clarification) in writing unless doing so would reveal commercial-in-confidence
information or intellectual property of a respondent or sensitive information relating
to a respondent.
Any respondent who attempts to influence any Councillor or a Council staff member
about this Request for Proposal will be disqualified from the process.
Randwick City Council has adopted a "Statement of Business Ethics". This Statement
defines the principles of conduct that are expected of both parties in order to ensure
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the integrity and professionalism of both organisations is enhanced and is a
statement of Council’s values and systems of accountability.
Breaches of the Statement may constitute grounds for termination of the Agreement.
All contracted parties shall apply the “Statement of Business Ethics” in all their
business practices/dealings with Council and its employees.
Respondent shall declare any conflicts of interest (or any potential for a conflict of
interest) concerning this Request for Proposal.
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Attachment A: Response Form
P2019-01 Des Renford Leisure Centre Meeting Room Use
1 Application Form
The Applicant
Name of organisation: » ………………………………………………………….……
………………………………………………………….……
Name of business owner:
ABN:
ACN:
Trading name (if applicable):
» ……………………………………………………….………
Business Address:
» ……………………………………………………….………
………………………………………………………….……
website address:
» ………………………………………………………….……
Contact person - technical (name & phone no.):
» ……………………………………………………………….
Contact person – financial (name & phone no.):
» ……………………………………………………………….
2 Proposed Use of Meeting Room and Hours of Operation
Applicant to provide details of the proposed use of the Room and proposed hours of operation daily:
Room will be utilized
for:
Proposed activities
within room and
facilities:
Hours of Operation –
Monday to Friday
Hours of Operation –
Saturday & Sunday
Hours of Operation –
Public Holidays
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3 Applicant’s Experience and Capability
Similar work experience:
Provide the following details for experience and qualificaitions inline with requirements for the proposed usage of the room.
Details
Similar Business experience to proposed usage:
…………………………………………………….…
Experience within Industry :
…………………………………………….……….
Qualifications required
………………………………………………….……
Principles name & experience& qualifications
…………………………………………………….…
Other proposed personal who may work out of Room in a paid or voluntary capacity
……………………………………………………….
Proposed personal Name …………………………………………………….…
Role & Experience …………………………………………………….…
Services provided ………………………………………………….…… …………………………………………………….… …………………………………………………….…
Qualifications
4 Applicant’s Proposed Monthly Licence Fee
Applicant to propose monthly License Fee they are proposing to pay:
Amount ($) excluding GST
Proposed Monthly Licence Fee
$_____________________________________
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5 Insurances
Applicant to provide copies of all insurances including $20 Million Public Liability insurance and Professional Idemnity Insurance and current Workers Compensation Insurance. A Certificate of Currency for Public Liability/Professional Indemnity Insurance in the sum of $20M must be provided with submission. Upon commencmeent of the agreement an updated certificate of Currency in the sum of $20M noting Randwick City Council as an interested party must be provided.
6 Applicant’s Working With Children Check
Applicant to provide Working with Children checks for all proposed personal.
7 References
Please provide a minimum of two (non-Randwick City Council) references of other similar/relevant arrangements to this request within the last 3 years.
Reference 1
Contact Name Title
Organisation
Name Email Address
Phone Mobile No.
Description of
arrangement
Reference 2
Contact Name Title
Organisation
Name Email Address
Phone Mobile No.
Description of
arrangement
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8 Applicant’s Acknowledgement of restrictions of usage of the facilties
Applicant acknowledges that :
The Des Renford Leisure Centre permits access and use to the DRLC Meeting Room
for the successful Business. Access and exit to this room for daily business
operations must be conducted through the ‘external’ door closest to the main
entrance to DRLC.
Access to other areas of the DRLC facility must be conducted without interfering
with DRLC operations.
From time to time there may be no access to part or all of the facilities.
DRLC does not guarantee uninterrupted access to any part of the DRLC facility other
than the DRLC Meeting Room. DRLC, Randwick City Council and the Department of
Industry Lands & Forestry are not liable for disruptions to the Business’ operations
due to DRLC operated activities, electrical disruption, phone line disruption or any
other planned or unplanned incident.
Access and use of the DRLC gym and swimming pools is permitted by the Business’
employees and clients, as long as all DRLC Facility ‘Conditions of Entry’ have been
met and adhered to at all times.
All Principle and employees whether in a paid or voluntary capacity cannot utilise
any facilities or services at DRLC in their own time without paying the applicable
fee.
Name: _____________________ Date: ____________________
Signed: _____________________
9 Declaration
Declaration
I have read and understood the Statement of Business Ethics and agreed to abide
by these conditions in all dealings with Council.
I also state the information provided in this response is accurate, to the best of my
knowledge.
Signature: ____________________________
Print Name: ___________________________
Date : _______________________________
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Attachment B: Short-term Licence - Section 2.20 Crown Land Management Act 2016
On this [day] day of [month] two thousand and [year], Randwick City Council (hereinafter referred to as the “Crown Land Manager”) being the appointed Crown Land Manager under the Crown Land Management 2016 (“Act”) for the whole of the land within Reserve No. 81741 for Public Recreation and situated at 126-146R Robey Street, Maroubra being Lot 1211 DP 752015, Lots 7026-7027 DP 1026884, hereby grants pursuant to section 2.20 of the Act a short-term licence to the person(s) specified in section 1 of schedule 1 (hereinafter referred to the “licensee”) subject to the following terms and conditions:
1 The licensee must pay the Crown Land Manager the licence fees and bond (if any) specified in section 5 of schedule 1 prior to occupation of the Crown land. The bond (if any) will be returned upon expiry and compliance with the conditions of the licence.
2 The licence remains in force for the term specified in section 6 of schedule 1, which is not to exceed 12 months. The Crown Land Manager may cancel the Licence without prior notice if there is a breach by the licensee of any of the licence conditions.
3 The licensee must advise the Crown Land Manager of any changes to the contact details set out in section 3 of schedule 1.
4 The licensee must not interfere with any other person authorised by the Crown Land Manager to use the reserve or any part thereof.
5 The licensee must not use the land specified in section 2 of schedule 1 except for the purpose(s) authorised by this licence in section 4 of schedule 1.
6 The licensee must comply with all of the special conditions specified in section 7 of schedule 1.
7 Any notice provided for in this licence shall be deemed to be validly served if;
a it is personally served on the licensee or where the licensee is a corporation or association, on an officer of the corporation or association; or
b it is sent by prepaid ordinary mail addressed to the licensee at the address shown in section 3 of schedule 1.
8 The Crown Land Manager does not make or give any warranty, promise or covenant to the licensee for quiet enjoyment of the licence area.
9 Breaches of the agreement will result in cancellation and termination of the agreement.
Signed on behalf of the Crown Land Manager: -------------------------------------------------------- Name: Jorde Frangoples Position: Acting General Manager Dated:
Signed by witness: -------------------------------------------------------- Print Name: Mayor Dated:
Signed on behalf of the Licensee: -------------------------------------------------------- Name: Position: Dated:
Signed by Witness: -------------------------------------------------------- Print Name: Dated:
SHORT-TERM LICENCE
SCHEDULE 1
SECTION 1:
Licensee
(full name)
Name of Licensee: _____________________________
(Organisation or Company if applicable)
ABN: _______________________________________
SECTION 2
Licensee’s Right
The Licensee shall have the use part of the reserve area being the meeting room measuring 10m2, in Des Renford Leisure Centre, Heffron Park, being Lot 1211 DP 752015, Lots 7026-7027 DP 1026884, as shown by yellow outline on the diagram attached as Schedule 2 to this Licence (hereinafter called “the licensed area”).
SECTION 3:
Contact details for service of notice
Address:________________________________________________
Email: _________________________________________________
Phone(s) ________________________________________________
SECTION 4:
Purpose of
Licence
(must be for prescribed purpose)
The Licensee shall have the use of the area shown on the diagram attached as schedule 2 (hereinafter called “the licensed area”) for the prescribed purpose of (tick as applicable):
☐ access through a reserve
☐ advertising
☐ camping using a tent, caravan
or otherwise
☐ catering,
☐ community, training or
education,
☐ emergency occupation
☐ entertainment,
☐ environmental protection,
conservation or restoration or environmental studies,
☐ equestrian events
☐ exhibitions
☐ filming (as defined in the Local
Government Act 1993),
☐ functions,
☐ grazing
☐ hiring of equipment,
☐ holiday accommodation
☐ markets,
☐ meetings,
☐ military exercises,
☐ mooring of boats to wharves or
other structures
☑ sales,
☐ shows,
☐ site investigations,
☐ sporting and organised
recreational activities,
☐ stabling of horses,
☐ storage.
as specified in the Crown Land Management Regulations for the purpose of section 2.20 of the Act.
SECTION 5:
Licence Fee ($)
The licence fee is $____________________________________ The bond fee is $_______________________________ (equivalent to one months licence fees)
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SECTION 6:
(a) Term (not
to exceed 12
months)
(b) Commencement
Date
(c) Expiry Date
(a) Days:_________ or Months: Twelve
(b) Day:_______Month:________ Year:____________
(c)Day:_______Month:_________Year:____________
SECTION 7:
Special
Conditions
(a) The licensee shall keep the said licensed area and any buildings clean and tidy and all papers and other rubbish shall be collected and removed.
(b) The licensee shall immediately repair and make good, damage occasioned by the licensee’s use of the licensed area.
(c) The Licensee shall indemnify and keep indemnified the Crown Land Manager and the Minister administering the Crown Land Management Act 2016 against all actions, suits, claims, debts, obligations and other liabilities that may arise from the activities of the Licensee during the currency of the Licence.
(d) The Licensee shall, before occupying the licensed area, take out a public risk insurance policy for the term of the licence, for the amount of $20,000,000 for any one claim whereby the Crown Land Manager and the Minister administering the Crown Land Management Act 2016 shall during the continuance of this Licence be indemnified against claims and demands arising from death or bodily injury or damage to property arising out of the Licensee’s use of the licensed area. Copy of such coverage is to be handed to the CLM before occupying the licensed area and upon renewal of the policy.
(e) The Licensee shall maintain all other insurances as may be required by the Workers Compensation Act 1987 or any other Act or Acts of Parliament in regard to the conduct of activities of the Licensee on the licensed area. Copy of such coverage is to be handed to the Crown Land Manager before occupying the Licensed area and upon renewal of the policy.
(f) No relationship of landlord and tenant is or is intended to be created between the parties hereto by virtue of this License or in any way whatsoever.
(g) The Licensee, or other authorised employee of the Licensee, is responsible for supervising the activities permitted by the licence.
(h) The following listed activities shall not be conducted unless supervised by the Licensee, or an authorised employee of the Licensee:
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Activities: [insert/list activities in space below]: ________________________________________
(i) The Crown Land Manager reserves the right to remove
from or refuse entry to the licensed area any person regardless of any arrangements or contract with the Licensee.
(j) All improvements, erections and fixtures now or hereafter erected on the licensed area are acknowledged by the Licensee to be absolute property of the Crown, but the Licensee shall maintain and repair such improvements, erections and fixtures during the period of this Licence.
(k) This Licence is subject to the provisions of the Crown Land Management Act 2016, including section 2.20 and 3.43 of that Act.
(l) The Licensee shall not sublet, assign or otherwise deal with the Licensed area.
(m) The Licensee shall not interfere with any other person authorised by the Crown Land Manager to use Reserve or any part thereof.
(n) The Licensee is required to operate within the Des Renford Aquatic Centre operating hours, with all Licensee, its staff and clients restricted to enter after the opening time and exit prior to the closing time of any given day.
(o) The Licensee, its staff and clients access to the area as defined in Section 2 is to be conducted through the “external” door closes to the main entrance to the Centre.
(p) The Licensee acknowledges that no Centre reception or employees are permitted to be used for any of the Licensees administration or clerical tasks.
(q) The Licensee acknowledges that the Crown Land Manager and the Minister administering the Crown Land Management Act 2016 cannot be held liable for disruptions to the operations due to the Centre operated activities, or any planned or unplanned operation disruption.
(r) The Licensee, its staff and clients are permitted to access and use the Centre gym and pools subject to meeting the “Conditions of entry” and adhering to same at all times.
(s) The Licensee and its staff, whether in a paid or voluntary capacity cannot utilise any facilities or services at the Centre in their own time without paying the applicable fee to the Licensee.
(t) The Licensee is not permitted to place any advertising inside the Centre or at any Council site apart from a single retractable banner near the “external” entry/exit door of the Centre. The banner must be approved by the Centre management prior to manufacture and display.
(u) The Licensee is not permitted to use any Centre or Council logos or images in its advertising material or stationery.
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The Licensee is permitted to use the name of the Centre for the purpose of identifying the location of their operations only.
(v) Aboriginal Land Claims No. 20759 and 28772, were lodged over the reserve pursuant to the Aboriginal Land Rights Act 1983 (ALR Act) and remains undetermined. Should the land be found to be claimable within the meaning of the ALR Act, the land and any improvements upon it will be transferred to the relevant Local Aboriginal Land Council and the licence will be terminated from the date of the Minister’s grant of the claim.
SECTION 8:
Local control
authority
The Local Control Authority is: (a) The council of the local government area, or if weed
control functions for that area have been conferred on a county council or joint organisation (within the meaning of the Local Government Act 1993) under any other Act, that other county council or joint organisation,
(b) for land within the Western Division that is not within a local government area, the Minister, and
(c) for land within Lord Howe Island, the Lord Howe Island Board.
SHORT-TERM LICENCE
SCHEDULE 2
DIAGRAM SHOWING LICENCE AREA BY YELLOW OUTLINED N
