Meeting of the Tenders Committee
Date: Wednesday 30 November 2016
Chief Executive's Office
Hawke's Bay Regional Council
159 Dalton Street
Item Subject Page
2. Conflict of Interest Declarations
3. Coastal Strategy Consultants 3
4. Traps for Cape 2 City Project 7
Wednesday 30 November 2016
Subject: Coastal Strategy Consultants
Reason for Report
1. HBRC is facilitating the development of the Clifton to Tangoio Coastal Strategy, which is a collaborative project with Napier City Council, Hastings District Council and HBRC.
2. Stage 1 of the project is now substantially complete. Stage 2 includes the development of a decision making process and a funding framework. The decision making process is largely complete, and the funding framework has been developed to a draft stage. The project is now in the process of commencing stage 3.
3. The project is governed by a Joint Committee including 2 representatives from each of the 3 Councils, and one representative from each of Maungaharuru Tangitu Trust, Mana Ahuriri, and He Toa Takitini; with technical input coordinated through a technical advisory group (TAG) made up of senior staff from each of the 3 Councils.
4. For the 2016/17 financial year NCC and HDC have confirmed that they have provision for a contribution towards the project of $100,000 each. HBRC also has a similar amount provided for in the Annual Plan. (This figure excludes the cost of staff time). HBRC act as employers for all consultants inputting to the project, and regularly update the TAG on financial issues.
5. Stage 3 of the project will involve an intensive process of consultation with community groups. Consultants that have been involved in the project to date have submitted their cost estimates to undertake the Stage 3 work. Three of these estimates are above $50,000, and therefore are brought to the Tenders Committee because Council’s procurement policy that requires that a full public tendering process is used for purchases over $50,000. The Terms of Reference for the Tenders Committee enables that Committee to consider and decide on exemptions to this policy.
6. There are four areas of consultancy input that are required to work through the Stage 3 programme of work. It should be noted that Stage 3 has commenced in November 2016, and is programmed to continue until October 2017. While the majority of costs are likely to fall within the current financial year, a portion of the costs will fall in the 2017/18 financial year.
7. The four areas of consultancy work are:
7.1. Project management – Simon Bendall of Mitchell Daysh has acted as project manager for the project since its inception in early 2015. The TAG team are keen to retain Simon as the project manager. This includes the coordination of science input to the project through the “Living at the Edge” team under the “Resilience to Nature’s Challenges” science challenge project. In addition to acting as project manager, Simon will also support the Cell Evaluation Panel facilitator for up to 20 workshops held between December 2016 and October 2017. Simon estimates that the total cost of his input will be in the order of $75,000.
7.2. Cell Evaluation Panel facilitator – Stephen Daysh of Mitchell Daysh will facilitate the Cell Panel process using a Multi Criteria Decision Assessment process which will lead to recommendations being made on adaptation options to the Joint Committee and ultimately the partner Councils, for parts of the coast that are currently most under threat from coastal processes. Stephen estimates that the total cost of his input will be in the order of $40,000.
7.3. Social impact assessment and valuation – Wayne Mills of Maven Consulting has assisted the project in Stage 2 with the development of a proposed funding framework. Wayne has also specialised in social impact assessment and valuation. At least two reports prepared in the past assessing options for mitigation of coastal hazards at Haumoana have been criticised by the community because social impacts were not, in their view, adequately taken into account in reaching conclusions. The TAG believe that the assessment of social impact of potential adaptation options is an important part of the development of the Coastal Strategy. The assessment will involve in depth interviews with a range of people within the community. Maven estimate that to complete the study for Clifton, Haumoana and Te Awanga areas will cost $53,000.
7.4. Assessment of adaptation options – A proposal has been requested from Tonkin & Taylor Ltd to assist with the development of realistic adaptation options, including do nothing, managed retreat and hold the line, for areas at high risk of impacts from coastal hazards. These areas are Westshore, Haumoana, East Clive, Te Awanga and Clifton. Preliminary work is required at this stage so that the TAG is able to respond rapidly to community ideas for adaptation options during the Cell Evaluation Panel process. Tonkin & Taylor have assisted HBRC on coastal issues for many years and are familiar with all of the data held by HBRC. They are therefore able to provide this service without the need to familiarise themselves with background material and data. HBRC staff are working with Tonkin & Taylor to develop a brief for professional services to undertake this work, but have yet to finalise the exact scope of the work and therefore the cost. Staff estimate the likely cost to be in the order of $80,000.
Financial and Resource Implications
8. The cost of the work is being shared equally between the three participating councils, and within budget provisions included with the 2016/17Annual Plan.
Decision Making Process
9. Council is required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:
9.1. The decision does not significantly alter the service provision or affect a strategic asset.
9.2. The use of the special consultative procedure is not prescribed by legislation.
9.3. The decision does not fall within the definition of Council’s policy on significance.
9.4. No persons are directly affected by this decision.
9.5. Options have been considered through technical advisory group discussions.
9.6. The decision is not inconsistent with an existing policy or plan.
9.7. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.
That the Tenders Committee:
1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision.
2. Agrees to make an exemption from the HBRC Procurement Manual and authorises the Chief Executive to enter into contract agreements with the following consultants to progress the development of the Clifton to Tangoio Coastal Hazards Strategy, noting that these contracts will be in excess of $50,000.
2.1. Mitchell Daysh – for project management, facilitation and support of cell evaluation panels, and the coordination of science input to the project.
2.2. Maven Consulting – for undertaking social return on investment assessments.
2.3. Tonkin and Taylor – for providing advice on adaptation options
Authored and Authorised by:
Wednesday 30 November 2016
Subject: Traps for Cape 2 City Project
Reason for Report
1. One of the Cape to City project milestones is to have a predator control network of traps established over 18,000 hectares. The outcome sought from this milestone is for private landowners to be engaged in predator control for both economic and biodiversity gains.
2. To achieve this, it is essential to have the network of traps that are easy and safe for individuals to clean and reset, and that effectively and humanely kill predators. Over the course of the Poutiri A o Tane, and Cape to City projects, the approach to establishing a trap network has been thoroughly reviewed, as has the design of traps.
3. This paper seeks agreement from the Tenders Committee for the purchase of 1,000 units of a new design of trap without seeking public tenders.
4. Current trap types available on the market, such as the DOC 250, are not easy to set by landowners/volunteers. HBRC Predator specialist, Pouri Rakete Stones, therefore developed (in his own time) an easy to set trap (Trapit) that will consistently kill all predators including large ferrets.
5. After looking at the initial prototypes developed independently by Pouri, HBRC staff made the decision to help develop the trap further by providing funding to get the trap tested and approved by Landcare Research to pass National Animal Welfare Advisory Committee (NAWAC) trap testing guidelines. Traps that pass the NAWAC guidelines are deemed to kill humanely. After several attempts and modifications, the Trapit trap has now passed this testing.
6. During this testing process it was discovered that the current trap available on the market for ferret control, the DOC250, may not kill all large adult ferrets. Discussions with Landcare scientists who undertake the NAWAC testing have since raised concerns regarding the testing criteria used for the DOC250. They now believe it is questionable that the DOC250 trap will humanely kill large ferrets. Based on these concerns HBRC are no longer purchasing DOC250 traps.
7. The intellectual property (IP) and manufacturing rights for the Trapit trap is held by Dannevirke engineering company Metalform (Dannevirke) Ltd. Pouiri and Wendy Rakete-Stones transferred the ownership of the IP to this company in exchange for royalties on sales.
8. As HBRC funded the NAWAC test ($15,000), Metalform have offered a 6% discount on the trap price for the first 2000 traps purchased to compensate for the cost of the NAWAC test.
9. This paper seeks agreement from the Tenders Committee to purchase 1,000 Trapit traps costing a total of $118,300.00. Due to no other traps on the market being able to efficiently and humanely kill targeted pests and allow ease of use for land owners, only one quote has been obtained.
10. The cost will be met from existing biosecurity budget provisions in the Annual Plan.
11. This issue has been brought to the Tenders Committee because it is not in accordance with Council’s procurement policy that requires that a full public tendering process is used for purchases over $50,000. The Terms of Reference for the Tenders Committee enables that Committee to consider and decide on exemptions to this policy.
Decision Making Process
12. Council is required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:
12.1. The decision does not significantly alter the service provision or affect a strategic asset.
12.2. The use of the special consultative procedure is not prescribed by legislation.
12.3. The decision does not fall within the definition of Council’s policy on significance.
12.4. There are no persons likely to be directly affected by this decision.
12.5. There are no other known options for the supply of traps that will achieve the required outcome.
12.6. The decision is not inconsistent with an existing policy or plan.
12.7. Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make a decision without consulting directly with the community or others having an interest in the decision.
That the Tenders Committee:
1. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion under Sections 79(1)(a) and 82(3) of the Local Government Act 2002 and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision.
2. Agrees to make an exemption from the HBRC Procurement Manual and awards the contract for the supply of 1,000 Trapit traps to Danniverke engineering company Metalform (Dannevirke) Ltd at a cost of $118,300.00.
Manager Land Services