Tenders and Procurement Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Tenders and Procurement Committee held in Room 1, Level 26, 135 Albert Street, Auckland on Tuesday, 15 December 2015 at 8.28am.

 

present

 

Chairperson

Cr Dick Quax

From 8.50am, Item C2

Members

Cr Anae Arthur Anae

 

 

Cr Cameron Brewer

 

 

Cr Sharon Stewart, QSM

 

 

ABSENT

 

 

Mayor Len Brown

 

 

Member Penny Hulse

 

 

Deputy Chairperson Cr Denise Krum

 

 

Cr Sir John Walker, KNZM, CBE

 

 

 

ALSO PRESENT

 

 

Cr George Wood, CNZM

 


Tenders and Procurement Committee

15 December 2015

 

 

 

Election of a Chair

The meeting elected a chairperson to preside at the meeting in the absence of Chairperson D Quax.

Resolution number TEN/2015/55

MOVED by Cr AJ Anae, seconded by Cr SL Stewart:   

That the Tenders and Procurement Committee:

a)         agree that Cr C Brewer be elected to preside as the chair at the meeting.

There being no further nominations the Democracy Advisor DECLARED that the Cr C Brewer be elected to preside at the meeting.

 

Cr C Brewer assumed the Chair.

CARRIED

 

1          Apologies

 

Resolution number TEN/2015/56

MOVED by Acting Chairperson C Brewer, seconded by Cr AJ Anae:  

That the Tenders and Procurement Committee:

a)         accept the apologies from Mayor LCM Brown, Member PA Hulse, Deputy Chairperson DA Krum and Cr JG Walker for absence, and Chairperson D Quax for lateness.

CARRIED

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

 

3          Confirmation of Minutes

 

Resolution number TEN/2015/57

MOVED by Cr SL Stewart, seconded by Cr AJ Anae:  

That the Tenders and Procurement Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 24 November 2015, including the confidential section, as a true and correct record.

CARRIED

 

 

4          Petitions

 

There were no petitions.

 

 

5          Public Input

 

There was no public input.

 

 

 

6          Local Board Input

 

There was no local board input.

 

7          Extraordinary Business

 

There was no extraordinary business.

 

8          Notices of Motion

 

There were no notices of motion.   

 

9          Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.  

 

10        Procedural motion to exclude the public

Resolution number TEN/2015/58

MOVED by Cr AJ Anae, seconded by Acting Chairperson C Brewer:  

That the Tenders and Procurement Committee:

a)      exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

C1       Supplier recommendations for Artillery Drive stormwater tunnel

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

In particular, the report contains commercially sensitive information relating to the procurement of stormwater construction services..

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C2       SAP Support and Maintenance Negotiation

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report contains Council's negotiation objectives and SAP's commercially sensitive pricing information.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C3       Supplier Relationship Management

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

In particular, the report contains third party commercial information.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

 

CARRIED

 

8.32am            The public was excluded.

 

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.

 

9.37am            The public was re-admitted.


 

restatementS

 

It was resolved while the public was excluded:

 

C1

Supplier recommendations for Artillery Drive stormwater tunnel

 

Resolution number TEN/2015/59

MOVED by Acting Chairperson C Brewer, seconded by Cr AJ Anae:  

That the Tenders and Procurement Committee:

c)      confirm that there be no restatement of the confidential report, attachments or resolutions, with the exclusion of the following information:

i)        for contracts awarded over $100,000 Auckland Council will publish the following details on their website; the contract number, contract description, contract type, supplier’s trading name, contract start date and contract expiry date.

ii)       for when the total spending of vendors exceeds $100,000, Auckland Council will publish the following details on their website; supplier identification, supplier name and total spend on the Auckland Council website.

 

 

 

C2

SAP Support and Maintenance Negotiation

 

Resolution number TEN/2015/60

MOVED by Cr D Quax, seconded by Acting Chairperson C Brewer:  

That the Tenders and Procurement Committee:

Restatement

d)      note that these decisions will remain confidential due to continuing commercial negotiations.

 

 

 

C3

Supplier Relationship Management

 

Resolution number TEN/2015/61

MOVED by Chairperson D Quax, seconded by Cr C Brewer:  

That the Tenders and Procurement Committee:

a)      receive the presentations for Lend Lease Services (New Zealand) Limited, and City Parks Limited.

Restatement:

b)      confirm that clause a) be restated in the open section of the minutes and that the presentation and report remain confidential.

  


 

 

9.37 am                                              The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Tenders and Procurement Committee HELD ON

 

 

 

DATE:.........................................................................

 

 

 

CHAIRPERSON:........................................................