Common use of Report of Clause in Contracts

Report of. ▇▇▇ ▇▇▇▇▇▇, Manager Community Cultural and Economic Development (Acting) Authorised by: ▇▇▇▇▇ ▇▇▇▇, Director Corporate and Community Services - Creative, Engaged and Innovative City (Acting) ATTACHMENTS There are no attachments for this report. BACKGROUND Council continues to focus on establishing and developing the Arts Precinct [Precinct] as an identifiable destination for arts, culture and community events in the city. The integration of the Art Gallery, Town Hall, IPAC, Library and public space [including laneways] is an important element in the activation of the Precinct and maximisation of Council’s investment. Since IPAC’s inception in 1987, Council has provided funding and support for the provision of services that contribute to the development of the cultural economy and cultural life of the city. As part of a review of the arrangements between IPAC and Council, IPAC Constitution was amended in 2012 to reflect the strong relationship Council has with IPAC, and to enhance IPAC’s governance arrangements. At this time, the Funding and Service Level Agreement with IPAC for the Centre operation was renewed for a five year period to 31 December 2017. In June 2014, Council entered into a Venue Management and Licence Agreement with IPAC for the Wollongong Town Hall to 31 December 2017. This followed Council’s decision to not renew the previous Town Hall management agreement with Pegasus Venue Management. The centralising of the management functions, for both the Town Hall and the Centre, allowed for an integrated approach to the development of the strategic direction for two of the key Precinct venues. Economies of scale have been achieved through centralised administrative functions such as ticketing, financial administration and staffing, as well as greater operational flexibility between venues. Further, the Town Hall agreement with IPAC provides a number of free [to Council] events and uses, as well as ensuring ongoing affordable access for community users and alignment with the delivery of Council’s key cultural policy initiatives with a particular emphasis on the Cultural Plan and associated Evening Economy and Live Music Action Plans. PROPOSAL The current Funding and Service Level Agreements between Council and IPAC have been reviewed. Council has identified a range of opportunities associated with the Agreement renewals that will continue to ensure alignment with IPAC’s Constitution and Strategic Plan, and Council’s Community Strategic Plan Wollongong 2022. IPAC is a key contributor toward delivering and supporting a number of our Community Goals in Wollongong 2022, which include: • Community Goal 2 – We have an innovative and sustainable economy • Community Goal 3 – Wollongong is a creative and vibrant city • Community Goal 4 – We are a connected and engaged community • Community Goal 5 – We are a healthy community in a liveable city. As the proposed Funding and Service Level Agreement between Council and IPAC constitutes a ‘contract’, it is therefore necessary to consider section 55 (Tendering) of the Local Government Act 1993. Generally, section 55 requires Council to invite tenders for any contract involving an estimated expenditure or receipt of an amount of more than $150,000. However, Section 55(3)(i) provides that the requirement does not apply to contracts where: Due to the extenuating circumstances relating to the current arrangements Council has in place with IPAC, including the ongoing annual funding and in-kind support provided by Council to IPAC to provide the Centre and Town Hall programs, it is considered a satisfactory result would not be achieved by inviting tenders for the services conducted by IPAC. It is noted the decision to integrate the management of the Town Hall facilities/program with those of the Centre, both integral to the wider Arts Precinct, was made in December 2013. As Council had already entered into a Funding and Service Level Agreement with IPAC in relation to the Centre, it resolved to enter into a separate Venue Management and Licence Agreement with IPAC for the Wollongong Town Hall (Min No 17 of 17 February 2014).

Appears in 1 contract

Sources: Funding and Service Level Agreement

Report of. ▇▇▇ ▇▇▇▇▇▇, Manager Community Cultural and Economic Development (Acting) Authorised by: ▇▇▇▇▇ ▇▇▇▇, Director Corporate and Community Services - Creative, Engaged and Innovative City (Acting) ATTACHMENTS There are no attachments for this report. BACKGROUND Council continues to focus on establishing and developing the Arts Precinct [Precinct] as an identifiable destination for arts, culture and community events in the city. The integration of the Art Gallery, Town Hall, IPAC, Library and public space [including laneways] is an important element in the activation of the Precinct and maximisation of Council’s investment. Since IPAC’s inception in 1987, Council has provided funding and support for the provision of services that contribute to the development of the cultural economy and cultural life of the city. As part of a review of the arrangements between IPAC and Council, IPAC Constitution was amended in 2012 to reflect the strong relationship Council has with IPAC, and to enhance IPAC’s governance arrangements. At this time, the Funding and Service Level Agreement with IPAC for the Centre operation was renewed for a five year period to 31 December 2017. In June 2014, Council entered into a Venue Management and Licence Agreement with IPAC for the Wollongong Town Hall to 31 December 2017. This followed Council’s decision to not renew the previous Town Hall management agreement with Pegasus Venue Management. The centralising of the management functions, for both the Town Hall and the Centre, allowed for an integrated approach to the development of the strategic direction for two of the key Precinct venues. Economies of scale have been achieved through centralised administrative functions such as ticketing, financial administration and staffing, as well as greater operational flexibility between venues. Further, the Town Hall agreement with IPAC provides a number of free [to Council] events and uses, as well as ensuring ongoing affordable access for community users and alignment with the delivery of Council’s key cultural policy initiatives with a particular emphasis on the Cultural Plan and associated Evening Economy and Live Music Action Plans. PROPOSAL The current Funding and Service Level Agreements between Council and IPAC have been reviewed. Council has identified a range of opportunities associated with the Agreement renewals that will continue to ensure alignment with IPAC’s Constitution and Strategic Plan, and Council’s Community Strategic Plan Wollongong 2022. IPAC is a key contributor toward delivering and supporting a number of our Community Goals in Wollongong 2022, which include: • Community Goal 2 – We have an innovative and sustainable economy • Community Goal 3 – Wollongong is a creative and vibrant city • Community Goal 4 – We are a connected and engaged community • Community Goal 5 – We are a healthy community in a liveable city. As the proposed Funding and Service Level Agreement between Council and IPAC constitutes a ‘contract’, it is therefore necessary to consider section 55 (Tendering) of the Local Government Act 1993. Generally, section 55 requires Council to invite tenders for any contract involving an estimated expenditure or receipt of an amount of more than $150,000. However, Section 55(3)(i) provides that the requirement does not apply to contracts where: Due to the extenuating circumstances relating to the current arrangements Council has in place with IPAC, including the ongoing annual funding and in-kind support provided by Council to IPAC to provide the Centre and Town Hall programs, it is considered a satisfactory result would not be achieved by inviting tenders for the services conducted by IPAC. It is noted the decision to integrate the management of the Town Hall facilities/program with those of the Centre, both integral to the wider Arts Precinct, was made in December 2013. As Council had already entered into a Funding and Service Level Agreement with IPAC in relation to the Centre, it resolved to enter into a separate Venue Management and Licence Agreement with IPAC for the Wollongong Town Hall (Min No 17 of 17 February 2014).. Section 55 (Tendering) of the Local Government Act 1993 also applies to Council related entities. This provision would require IPAC to refer proposed contracts for expenditure over $150,000 to Council (or such other amount as prescribed by the regulations from time to time). It is acknowledged it would be impractical for IPAC in preparing its schedule and programming performances to refer individual productions or programs to Council. To maintain IPAC’s flexibility and independence in programming, it is recommended that due to the “extenuating circumstances” exemption of section 55, IPAC be allowed to enter into agreements for performances and productions during the period of the new funding. The new Agreement contains few substantive changes to the terms and conditions of the previously separate documents. The main changes are as follows: 1 One Funding and Service Level Agreement, for both the Centre and Wollongong Town Hall, with two Licences as Schedules to the main Agreement: - Centre Licence incorporating Café (Outdoor Dining);

Appears in 1 contract

Sources: Funding and Service Level Agreement