EXPRESSIONS of INTEREST

EXPRESSIONS of INTEREST Noise, Stock and Bylaws Control Services Request for an Expressions of Interest to provide "Out of Hours" Local Regulatory Services including Noise, Stock and Bylaws Control Services. The Thames-Coromandel District Council is currently seeking expressions of interest from businesses or individuals to undertake Local Regulatory Services, to include the provision of Noise, Animal (stock) and Bylaws Control during the "Out of Hours" period - evenings and weekends. Expressions of interest will be received on the basis that Council is seeking to establish who may be interested in tendering for these services and what the likely cost will be for providing these services. Following this request for expressions of interest Council may seek tenders from those parties that have expressed interest in performing the services or enter into negotiations with one or more interested parties. Should you wish to express an interest in providing one of these services to Council, please complete the information requirements in the enclosed document? Expressions of Interest will close at 4.00 pm 28 th April 2014 at the tender box at 515 Mackay Street, Thames. Please address your Expression of Interest to: Community Environment Manager Thames Coromandel District Council Private Bag Thames.

Request for an Expressions of Interest to provide emergency Out of Hours Local Regulatory Services Including Noise, Stock and Bylaws Control Services 2

Introduction The Council is calling for Expressions of Interest (EOI) to a combination of some of its local regulatory services. Also attached is information on the services to be provided and an indication as to the current number of requests for service processed. The EOI seeks information on your experience, skills and how you will deliver the "Out of Hours service. The service will be termed "After Hours Compliance Service" but may also include scheduled patrol services. "Out of Hours" shall include times and days which are not ordinary business hours and will generally be 4:30pm to 8:00am Monday to Friday, Saturdays, Sundays and public holidays. Additional Regulatory Services may be sought on a casual basis by mutual arrangement and applicants should include information detailing whether they would be interested in undertaking additional services during ordinary business hours. The contractor and / or staff may be required to attend Court hearings for any defended hearings referred to the courts for prosecution. Your EOI is to be brief and concise. The requirements for the EOI are as follows. 1. Experience Please provide evidence on your experience relevant to this "Expression of Interest". Please provide a statement on your recent relevant experience in operating a business including the number of years in business. If you propose to engage sub-contractors, provide a statement of their relevant experience. Provide details of affiliation to a regional or national organisation (if applicable). 2. Management, Staff and Technical Skills Describe the management skills that will be used, including management qualifications, training and/or experience. State the number of employees you will provide. 3

Please state an overview as to how you will provide the services and meet reporting requirements. 3. Health and Safety Plan Submit a detailed current Health and Safety Plan for your organisation. 4. Cost Structure Expressions of interest may be made for the combination of the services or may be restricted to specific areas of the Coromandel. However, Council is most interested in EOIs for all Regulatory (compliance) After Hours services delivered across the district. All costs for the provision of service shall be GST exclusive. Therefore, your expression of interest should include a breakdown of cost for the provision of each service and the area you have an interest in providing on the basis that the delivery of the services will be combined. Please address your Expression of Interest to: Community Environment Manager Thames Coromandel District Council Private Bag Thames. 4

Supporting information for expression of interest Animal Control Specification of Services and Performance 1. Call-outs 1.1 The Contractor is required to respond to out of hour call-outs for animal (stock), bylaws and noise complaints in the following locations within the Thames-Coromandel District: (Please indicate which localities you would wish to be considered for) Localities & Surrounding Area Coromandel (Colville) Whitianga (Wharekaho) Hahei, Cooks and Hot Water Beaches Tairua Pauanui Whangamata (Onemana, Opoutere) Thames (Thames Coast) Matarangi area (Whangapoua, Otama) Noise, Animal (stock) & Bylaws Control 2. Range of Services to be provided. 2.1 Animal Control services shall include responding to stock issues on TCDC roads (not state highways) within the district and undertaking whatever action is necessary to ensure the public, animals and motorists are not at risk. The action taken shall be determined in keeping with Councils policy and procedures on animal (stock) control. 2.2 Noise Control complaints shall be actioned so as to determine the level of "excessive noise" as determined by Council policy & procedures, the Resource Management Act 1991 and to undertake the action as set out by that Act 2.3 Bylaws services shall include responding to "After Hours" complaints and the undertaking of evening patrols to identify issues under the Freedom Camping 5

Act 2011 and issuing the relevant infringements or warning notices and any breaches to Councils general bylaws as set out in Council policy on Freedom Camping. The frequency of these patrols are limited to the evenings for the dates as set out in the enclosed information in Attachment A. 3. Compliance & Regulatory 3.1 The Contractor shall be available to respond to any "urgent" (RFS) Request for Service complaints involving stock, bylaws and noise after hours including evening, weekends and public holidays. 3.2 The Contractor shall for the express purpose of actioning complaints from the community maintain telecommunication services [including mobile services] and in particular shall ensure that: Council s After Hours Answering Service is aware of to whom and how to communicate complaints during all other times, Any alterations to these arrangements, whether temporary or permanent, are to be reported before they are effective to Council s Customer Services Manager and Team Leader Compliance & Bylaws 3.3 Within one (1) hour in all cases of the time the Contractor first receives a report of an urgent complaint the Contractor shall make contact with the complainant and determine the correct response required in accordance with Councils policy and Service Level Agreements. 3.4 "Urgent" shall be determined as any incident involving stock control whereas the incident involves a direct threat to the welfare of any other person, animal or motorist. 3.5 Noise complaints shall be actioned so as to determine the level of "excessive noise" as determined by the Resource Management Act 1991 and to undertake the actions as set out by that Act. 6

ANIMAL (STOCK) CONTROL SERVICE STANDARDS In addition to the standards included in the Description of Services the following standards shall apply to the performance of the services under this Contract: GENERAL The Contractor shall: 1. Perform the Services diligently using all due skill, care and attention; 2. Perform the Services within all statutory timeframes, and any other timeframe established under this Contract. Failure to comply with a Statutory Timeframe through default by the Contractor shall be deemed to be a breach of an essential term of this Contract. 3. Represent the Council in a manner which maintains and enhances the reputation and goodwill of the Council. 4. Ensure all vehicles are fitted with hazard warning lights, staff shall wear hi vis vests and are equipped with stock control poles. COMUNICATION 4. The Contractor will notify Council's Customer Services Manager and Team Leader Compliance & Bylaws of a contact phone number, an answer service or an alternative method to leave a message which is available 24 hours a day, 7 days a week to receive calls to the Contractor. The Contractor will also provide an e-mail address at which the Contractor is able to be contacted. Any change to the contact phone number or e-mail address will be provided to Council at least 2 Business Days prior to change. 5. Advice or Advocacy shall be provided within the timeframe it is requested. REPORTING 6. The contractor will provide a detailed report to Council by the 3rd day of the following month. This report shall set out the type and dates of issues dealt with during the month. Copies of all completed RFS Reports, notices, abatement notices and any other paperwork will be attached to support the report. 7

Specification of Services and Performance Noise Control ENFORCEMENT 2. Complaints 2.1 The Contractor shall for the express purpose of actioning complaints from the community regarding excessive noise maintain telecommunication services and in particular shall ensure that: Council s After Hours Answering Service is aware of to whom and how to communicate complaints during all other times, and Any alterations to these arrangements, whether temporary or permanent, are reported before they are effective to Council s Customer Services Manager and Team Leader Compliance & Bylaws 2.2 The contractor shall be available to respond to noise complaints at all times outside of the normal working day and within one (1) hour of the time the Contractor first receives a report of a complaint of excessive noise the Contractor shall make contact with the complainant and take action to abate noise nuisance in accordance with the procedure detailed in the Resource Management Act 1991 Sections 327 and 328 and in accordance with the following procedure for noise nuisance investigations attached as Addendum A. 8

Procedure for Investigation Addendum A Excessive Noise Complaints 1. COMPLAINT RECEIVED 1.1 Require name and address of complainant, phone number if necessary. 1.2 Address of complaint or noise source and name of property owner if known. 1.3 Duration and type of noise. 1.4 Record time and date of receipt of complaint. 1.5. Action undertaken by complainant, time and response. 1.6. Advise complainant if complaint continues or starts again please lodge a new complaint. 2. FOLLOWING RECEIPT OF COMPLAINT 2.1. Can you deal with complaint? ie Is it Industrial Noise? Environmental Health Officer or: Dogs barking - Dog Control Officer or: Vehicle or people only Noise Police 2.2 Do you require Police or other assistance? If so obtain. 3. BEFORE PROCEEDING ONTO PROPERTY 3.1 Ensure noise nuisance complaint is justified as defined by the Resource Management Act 1991. 3.2 Prepare Excessive Noise Direction Notice with the date and address, prepare a duplicate. 3.3 Record time of arrival at the property. 3.4 Note where the assessment was completed in relation to the offending property. 9

4. ON THE PROPERTY 4.1. Enter property and clearly identify yourself and your position. Endeavour to talk to person in charge, property owner, manager or organiser. DON T act unilaterally. 4.2 Ask to talk in private or away from noise & disruptive persons. 4.3 State offence committed. Outline action you expect to be taken and time in which this is to be done. 4.4 Ask for their full name if not already known. Tell them you are required to give them a noise direction notice (including 72 hour restriction). Proceed to do so - keep a duplicate. 4.5 Advise them what action will be taken if the notice is not complied with Seizure of equipment and / or $500 infringement notice 4.6 Leave property. 4.7 Record immediately: - exact details of discussions, statements or actions noted that are relevant. 5. YOU RECEIVE ANOTHER COMPLAINT 5.1 Repeat all details as mentioned above up to and including before proceeding on to the property. Call Police for assistance, await their arrival. Enter property and seek out owner, manager or organiser. State offence committed and your intention to remove equipment making sound; ie amplifier, or whatever is necessary to stop excessive noise nuisance. State that equipment taken can be collected from Council Office and not sooner than 72 hours from date of offence. State that a $500 infringement notice may also be issued. 6. LEAVE PROPERTY 6.1 Record all details and discussions. Secure equipment and deliver or arrange for the collection by Council s Contract Client Representative or nominee. 10

Leave a note on the equipment stating address, time & date of seizure. 6.2 Notify Team Leader - Compliance & Bylaws of action taken & why. 6.3 Complete the Noise complaint report form and send together with duplicate of the notice to Team Leader Compliance & Bylaws. 7. IF POLICE NOT AVAILABLE 7.1 Ascertain that noise is still excessive. 7.2 Record following details: Ensure full name of owner or occupier is obtained so an infringement can be issued. Time Place of Assessment Distinctive features of noise ie Music Base Beat, Singing, Musical Instruments Windows open Nearest Occupied Premise Number of People Present State or Condition of People 7.3 Next day notify Contract Client Representative (Team Leader Compliance & Bylaws) 11

COST SCHEDULE - NOISE Service to be provided For responding to complaints in accordance the Specification of Services and Performance Noise Control. Ward Coromandel Mercury Bay Price per Call Mileage Rate per km Hrly Rate For reporting in accordance of the Specification of Services and Performance Noise Control. Thames Tairua/Pauanui Whangamata 12

Bylaws Supporting information for expression of interest Specification of Services and Performance Bylaw Control MONITORING 1. Patrols 1.1 The Contractor shall conduct routine patrols to the specified programme of times (Attachment A) and locations within the Thames-Coromandel District: 1.2 Any variation of the specified programme of patrols as to frequency or locations will require the prior approval of the. Team Leader Compliance & Bylaws. 1.3 Any change to the levels of service promoted by the Council will be subject to negotiation with the contractor. 1.4 Officers undertaking patrols will utilise any educational or enforcement procedures available to them as defined by Councils policy and enforcement guidelines. 13

ENFORCEMENT 2. Complaints 2.1 The Contractor shall act pro-actively whenever he or his employees observe offences of the Freedom Camping Bylaws or Litter Control Act. 2.2 The Contractor shall for the express purpose of actioning complaints from the community regarding bylaw control maintain telecommunication services and in particular shall ensure that: Council s customer services offices throughout the district are aware of to whom and how to communicate complaints during normal hours of business, and Council s After Hours Answering Service is aware of to whom and how to communicate complaints during all other times, Any alterations to these arrangements, whether temporary or permanent, are reported before they are effective to Council s Customer Services Manager and. Team Leader Compliance & Regulation 2.3 Within two (1) hours in all cases of the time the Contractor first receives a report of a complaint the Contractor shall make contact with the complainant and by visiting and assessing the situation act in accordance with Council s Procedure for Investigations of Bylaw Complaints of which a copy is attached as Addendum B 2.4 In response to repeated incidents the Contractor will report with his recommendation to the Team Leader Compliance & Bylaws whether in the Contractor s opinion the rate or seriousness of the offending is sufficient to warrant summary proceedings to seek the higher penalties under law. REPORTING 4. Monthly and Quarterly Reports on Activities 4.1 The Contractor shall provide to the Team Leader Compliance & Regulation by the 3 rd day of each month in respect of the preceding month: 4.1.1 The numbers of patrols by area and notations of any significant observations. 4.1.2 The number of complaints grouped by type and location. 4.1.3 The outcomes of complaints grouped by type and location. The cases substantiated, but where no warning or infringement notices issued, are to be detailed individually. 14

Procedure for Investigation Addendum B Bylaw Complaints 1. COMPLAINT RECEIVED 1.1 Require name and address of complainant, phone number if necessary. 1.2 Address of complaint and name of property owner if known. 1.3 Record time and date of receipt of complaint. 1.4 Action undertaken by complainant, time and response. 2. FOLLOWING RECEIPT OF COMPLAINT 2.1 Proceed to the address of the offence. 2.2 Do you require Police or other assistance? If so obtain. 3. BEFORE PROCEEDING ONTO PROPERTY 3.1 Ensure complaint is justified as defined by the relevant Council Bylaw. If not justified but potential there, advise complainant. 3.2 If justified prepare Offence notice detailing the date the offence is to be abated by and ensure that a duplicate is made of the notice. 4. AT THE ADDRESS OF THE REPORT OFFENCE 4.1 At the address speak to the offender, identify yourself and your position. 4.2 State the offence committed. Outline the action you will take - warning or infringement. 4.3 Tell them you are required to give them a notice. 4.4 Issue the notice & provide a time for them to vacate. Offer advice on an alternative (legal) location. Advise what action will be taken if the notice is not complied with. 4.6 Record immediately on your notice relevant details on vehicle type, offender attitude, where were they sleeping, signage, any litter or effects. 15

COST SCHEDULE - BYLAW Service to be provided For responding to complaints in accordance the Specification of Services and Performance Bylaw Control. Ward District Wide Coromandel Thames Price per Call out Rate per km Hrly Rate $ Per Patrol Scheduled Patrols in accordance with the Specification of Services and Performance Bylaw Control (Schedule A) Patrols may be more or less) Mercury Bay Tairua/Pauanui Whangamata 16

Attachment A Estimated (after hours) workload for Local Regulatory Services Ward Coromandel/Colville Ward Noise Freedom Camping Stock Additional Evening Freedom Camping Patrol 50 30 20 Dec 26th to February 8th, Public holidays by arrangement. Thames Ward 220 30 20 Dec 26th to February 8th, Public holidays by arrangement. Whangamata Ward 300 10 10 Dec 26th to February 8th, Public holidays by arrangement. Beach Hop week. Tairua/Pauanui Ward 70 5 20 Dec 26th to February 8th, Public holidays by arrangement. Mercury Bay Ward 230 10 20 Dec 26th to February 8th, Public holidays by arrangement. 17