IRC 8838 Appendix 03 RELEASE.pdf

1987
ACT
MEETINGS
AND
INFORMATION
OFFICIAL
GOVERNMENT
LOCAL
THE
UNDER
RELEASED

PROCUREMENT IN A DAY EVALUATION & RECOMMENDATION:
CHRISTMAS EVENT 2023
1. Procurement details
Procurement Ref
2023-005
Evaluation Team
s7(2)(f)(ii)
Commercial Lead
ACT 1987
Report Finalised by
Date prepared
26/04/2023
Date reviewed
Version  1.0
2. Purpose
2.1  The evaluation panel (Panel) for the procurement of a supplier for the design, development, and delivery of
AND MEETINGS
the Wellington City Council (Council) Christmas event, celebrated in the CBD, has concluded its evaluation
of  the  responses  submitted  in  response  to  a  Procurement  in  a  Day  Brief  (PIAD)  in  accordance  with  the
approved Procurement Plan dated 24 February 2023.
2.2  This Evaluation and Recommendation Report (Report):
a) Describes the process undertaken with regards to the PIAD, the receipting and evaluation of responses
INFORMATION
received;
b) summarises the evaluation of the responses received and the Panel’s findings; and
c)
provides a recommendation on the outcome of the PIAD; and
d) presents  an  overview  on  the  root  cause  of  the  failure  to  attract  viable  submissions  and  how  this
procurement can be better constructed for success in the next cycle.
3  Background and Process
3.1  This  procurement  relates  to  the  contracting  of  a  supplier  to  work  collaboratively  with  our  Events  team  to
conceive, design and deliver, the range of city activations that celebrate Christmas.
3.2  The  anticipated  cost  for  the  scope  of  services  was  expected  to  be  approximately  $480,000  per  annum
exclusive of GST.
3.3  This  PIAD  procurement  was  a  closed  process  with  three  service  providers  selected  by  the  Events  team
requested to provide submissions.
a) Cut the Mustard (CtM)
b) Tawhiri
c)  Chameleon Events
s7(2)(f)(i)
RELEASED UNDER THE LOCAL GOVERNMENT OFFICIAL
Page | 1

s7(2)(f)(i)1987
ACT
MEETINGS
AND
Recommendation Approval



Name
Gisella Carr
Position
Manager Creative Capital

INFORMATION
Signed

Date

27 April 2023

OFFICIAL
Endorsed by



Name
Stephen Blackburn
Position
Manager City Events

GOVERNMENT
Signed
Date
24/04/23

LOCAL

Name
Position
Programme Lead
s7(2)(f)(ii)
THE

Signed
Date
26.04.23
UNDER

Name
Position
Manager Commercial Partnerships
RELEASED

Signed
Date

27.04.23

Page | 3

1987
ACT
MEETINGS
AND
INFORMATION
OFFICIAL
GOVERNMENT
LOCAL
THE
UNDER
RELEASED
Page | 4

GMC Form 2 SERVICES (3rd Edition)

Contract for Services
Contract Details

Delivery of City wide Christmas in the Quarters 2023
  The Parties
1987
The Buyer:
ACT
Wel ington City Council
NZBN 9429035013501
113 The Terrace, Wellington
MEETINGS
and
AND
The Supplier:
Chameleon Events
NZBN 9429044912918
PO Box 15335, Miramar, Wellington – Physical - s7(2)(a)

INFORMATION
  The Contract
Agreement
OFFICIAL
The Buyer appoints the Supplier to deliver the Services described in this Contract and the Supplier
accepts that appointment. This Contract sets out the Parties' rights and obligations.
Parts of this Contract
The documents forming this Contract are:
1.
Contract Details: This section
GOVERNMENT
2.
Schedule 1: Description of Services
3.
Schedule 2: Standard Terms and Conditions GMC Form 2 SERVICES | Schedule 2 (3rd Edition)
available at: www.procurement.govt.nz
LOCAL
4.
Any other attachments described at Schedule 1.
THE

UNDER
How to read this Contract
•  Together the above documents form the whole Contract
•  Any Supplier terms and conditions do not apply
•  Clause numbers refer to clauses in Schedule 2
•  Wo
RELEASED  rds starting with capital letters have a special meaning. The special meaning is stated in the
Definitions section at clause 17 (Schedule 2).

1

GMC Form 2 SERVICES (3rd Edition)

Acceptance
In signing this Contract each Party acknowledges that it has read and agrees to be bound by it.
Signed for and on behalf of the Buyer:
Signed for and on behalf of the Supplier:

__________________

1987
ACT
_______________
_________________
(signature)
(signature)
MEETINGS

Name:
Stephen Blackburn
Name:
Jamie Wilson AND
Position:
Manager City Events
Position:
Event Producer
Date:
4/09/2023
Date
5/09/2023

INFORMATION
OFFICIAL
GOVERNMENT
LOCAL
THE
UNDER
RELEASED
2

GMC Form 2 SERVICES (3rd Edition)

Schedule 1
Description of Services
  Contract Management and Personnel
Start Date
1/09/2023
Reference Schedule 2 clause 1
1987
End Date
25/12/2023
Reference Schedule 2 clause 1   ACT
Renewal
not applicable.
Reference Schedule 2 clause 1
Contract Managers
Reference Schedule 2 clause 4
MEETINGS

Buyer’s Contract Manager
Supplier’s Contract Manager
AND
Name:
Stephen Blackburn
Jamie Wilson
Title / position:
Manager City Events
Manager
Address:
113 The Terrace, Wellington
Po Box 15335, Miramar, Wellington
Phone:
s7(2)(f)(ii)
s7(2)(a)
INFORMATION
Email:
[email address]
s7(2)(a)

Addresses for Notices
OFFICIAL
Reference Schedule 2 clause 14

Buyer’s address
Supplier’s address
For the attention of:
Stephen Blackburn
Chameleon Events
c.c. Contract Manager
Jamie Wilson
GOVERNMENT
Delivery address:
113 The Terrace, Wellington
s7(2)(a)

Postal address:
113 The Terrace, Wellington
Po Box 15,335, Miramar, Wellington
LOCAL
Email:
[email address]
s7(2)(a)

THE

UNDER

RELEASED

3

GMC Form 2 SERVICES (3rd Edition)

  Description of Services
Context
Providing services to Produce, design and deliver Christmas event and city wide decorating for the
season.

Description of Services
1987
Design and deliver a city based event in late November into December. See attached concept brief.  ACT
Organise city wide decorating for Christmas season including instal  and deinstal .
Funding distributed for suburban Christmas activity as approved by the City Events Manager

MEETINGS
Deliverables and Milestones

AND
Deliverable/Milestone  Performance Standards
Due date
Invoice date   Amount
payable (exc
GST)
Design of event sign
Satisfactory delivery of the  11/09/2023
18/09/2023  $50,000
off
vision and budget
INFORMATION
Delivery to
Satisfactory delivery of the  23/09/2023
29/09/2023  $25,000
stakeholders the event  plans for Christmas events
brief
to stakeholders including
the Retail sector.
OFFICIAL
Approved program for  Plan approved by City
16/10/2023
20/10/2023  $50,000
event so contracts can  events Manager
be made with Artists
Approved design for
Plan approved by City
20/10/2023
30/10/2023  $60,000
city wide activation
events Manager
GOVERNMENT
Approved time frame
Plan for delivery signed off  30/10/2023
3/11/2023
$25,000
for city wide
by City events Manager
LOCAL
decorating
Prep of al  assets for
THE
13/11/2023
17/11/2023  $50,000
installation city wide
Delivery of city-wide
Satisfactory delivery time
24/11/2023
30/11/2023  $50,000
decorating
UNDER
frames
Delivery of event
Satisfactory delivery
15/12/2023
18/12/2023  $50,000
Deinstall completed

18/12/2023
22/12/2023  $50,000

RELEASED

Funding to suburban
Agreed activities and
1/12/2023
9/12/2022
$25,000
activities approved
funding approved by City
Events Manager
4

GMC Form 2 SERVICES (3rd Edition)

Deliverable/Milestone  Performance Standards
Due date
Invoice date   Amount
payable (exc
GST)
Report completed on
Satisfactory report
20/01/2023
27/01/2023  $25,000
entire event
delivered to City events
Manger for sign off
Total (excl GST)  $460,000
1987
Supplier’s Reporting Requirements
Reference Schedule 2 clause 5.2
ACT
Report to:
Description of report
Due date
Contract Manager
Verbal, written and visual
Throughout project
updates on progress
MEETINGS
  Charges
AND
The following section sets out the Charges. Charges are the total maximum amount payable by the
Buyer to the Supplier for delivery of the Services. Charges include Fees, and where agreed, Expenses
and Daily Al owances. The Charges for this Contract are set out below.
Fees
INFORMATION
Reference Schedule 2 clause 3
The Supplier’s Fees wil  be calculated as follows:
Fixed Fee
OFFICIAL
A fixed Fee of $460000 excluding GST.
Actual and reasonable — general Expenses
•  The fixed fee is to cover all expenses for the delivery of the entire Christmas program

GOVERNMENT
Daily Allowance
Reference Schedule 2 clause 3
LOCAL
No Daily Allowances are payable.
THE

  Invoices
UNDER
Reference Schedule 2 Subject to clauses 3 and 11.7
The Supplier must send the Buyer an invoice for the Charges at the times outlined in deliverable and
Milestones table:
RELEASED
Address for invoices
Reference Schedule 2 clause 3

Buyer’s address
For the attention of:  Stephen Blackburn
Address:
[email address]
5

GMC Form 2 SERVICES (3rd Edition)

Other instructions about invoices
Please CC City Events administrator [email address] when submitting al  invoices to
apinvoices@wcc
All invoicing to show PO assigned

1987
  Insurance
ACT
Reference Schedule 2 Clause 8.1
The Buyer does not require any specific insurance under this Contract other than the requirements
under clause 8.1 of Schedule 2.

MEETINGS
  Changes to Schedule 2 and attachments
AND
Schedule 2 of this Contract is amended as follows:

1. Delete clause 2.3(d) and replace it with the fol owing:
INFORMATION
(c) comply with any relevant codes of conduct and other requirements referred to in Schedule 1 or
notified by the Buyer to the Supplier from time to time.
2. Add a new clause 2.3(e) as fol ows:
OFFICIAL
(d) comply with the requirements set out in the attached Health and Safety Contract Statement.

3. Add a new clause 6.4 as follows:
Local government reorganisation
GOVERNMENT
6.4 The parties agree that in the event of a local government reorganisation in the Wellington region,
the Buyer may elect to assign its rights or novate its rights and obligations under this Contract to the
LOCAL
relevant public entity.  In the event that the Buyer exercises its right under this clause to assign or
novate this Contract, the Supplier agrees to sign all documents and do all things necessary to give effect
THE
to such assignment or novation.

UNDER
4. Amend clause 13.1(c) by deleting 'Official Information Act 1982' and replacing it with 'Local
Government Official Information and Meetings Act 1987'.

5. Add n
RELEASED  ew clauses 16.11 and 16.12 as follows:
Territorial authority
16.11 The Supplier acknowledges that the Buyer is the territorial authority for the area in which the
Services are to be provided, and that in terms of its regulatory functions as a local authority the Buyer
must act as an independent local authority and not as a party to this Contract.  Any consent or approval
6

GMC Form 2 SERVICES (3rd Edition)

of the Buyer acting as a party to this Contract shall not be construed as a consent or approval of or bind
it in its regulatory capacity.
LGOIMA
16.12 The parties acknowledge that the Buyer is subject to the Local Government Official Information
and Meetings Act 1987 and that under that Act the Buyer may be required to release information about
the Services and the Supplier. The Supplier agrees to comply with the requirements of the Local
Government Official Information and Meetings Act 1987 in relation to al  information relating to the
Buyer held by the Supplier or its employees. The Supplier wil  only release information directly to a third
1987
party under the Local Government Official Information and Meetings Act 1987 through the Buyer unless
compel ed by a competent authority, in which case it wil  immediately advise the Buyer as to the
ACT
information released.
6. Definitions
A new paragraph is added at the end of the definition of Confidential Information in clause 17.1 as
MEETINGS
fol ows:
•  “ is personal information as defined in the Privacy Act 1993.”
AND

INFORMATION

OFFICIAL
GOVERNMENT
LOCAL
THE
UNDER
RELEASED
7