2014-06-17 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                       17 JUNE 2014


The respondent demonstrated a comprehensive track record in the industry and appropriate
levels of capital investment. The respondent’s contribution to the local community, the local
economy and the number of relevant industry affiliations was also of a high standard. There have
been no complaints from the community regarding the existing permit holder over the previous
permit term.

The panel recommends that Tropicsurf not be considered for this permit or Learn to Surf 2 as the
panel has viewed written correspondence dated 29 May 2014 to Council which sought to
influence the outcome of the evaluation process outside of the evaluation panel. There are two
EOI documents that clearly outline the expected conduct of applicants, specifically:

1.   EOI Process Terms clause 12.4 No incentives or contact

     (b)   Respondents (including its officers, employees and agents) must not contact or attempt
           to contact any councillor or employee of Council about any part of this Expression of
           Interest, including the Expression of Interest Documents, except when requesting
           assistance or information about the Expression of Interest made to the persons or
           positions mentioned in the Expression of Interest Invitation – Part 1 Expression of Interest
           Details – Item 7 Assistance and;

     (c)   If Council discovers at any time that a Respondent has breached clauses 12.4(a) and
           12.4(b), Council may decide not to consider that Expression of Interest.

2.   EOI Process Terms clause 12.7 No canvassing

     A Respondent must not engage or communicate with Council, its councillors or its employees in
     connection with the Expression of Interest Process or an Expression of Interest except:
     (a) as contemplated by this Expression of Interest Process;
     (b) when making a request for information or clarification under clause 3.3(f); or
     (c) in response to a request by Council under these Expression of Interest Process
           Terms.
     If a Respondent is found to have breached this clause 12.7 the Respondents Expression of
     Interest may be disqualified from evaluation.

3.   EOI Response Form Schedule 8 Conflict of Interest

      In submitting a EOI Response Form, the Respondent warrants that to the best of its
        knowledge and belief and subject to any disclosures detailed below (b) neither the
        Respondent nor its officers, employees, contractors or family members have (i)
        engaged in any unethical behaviour or sought and/obtained an unfair advantage.

If there is nothing to declare respondents must insert “none” in the space provided. The
respondent inserted “none” in the space provided despite lobbying having occurred.


Learn to Surf Main Beach 2

Council received four applications for this activity. Go Ride a Wave is the existing permit holder
and has operated surf lessons for approximately 8 years from main beach, from the Gold Coast
since 2004 and from Victoria since 1987. The respondent provided a strong and concise
application which fully addressed the assessable criteria. The respondent demonstrated a
comprehensive track record in the industry and appropriate levels of capital investment. The
respondent’s contribution to the local community, the local economy and the number of relevant
industry affiliations was also of a high standard. There have been no complaints from the
community regarding the existing permit holder over the previous permit term.


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