New tennis tenders ‘worse than the old ones’

Faced with a storm of public protest after awarding management of all Council tennis courts to a single operator, along with claims that the tender process had been compromised, Council has re-opened tenders, asserting they have a new community focus.

But critics say a myriad of hidden conditions in the 500 pages of specifications mean the end result will be the same – a single operator – and Council will have micro-control of all courts down to deciding the design of badges staff wear on their shirts and what kind of tables and chairs must be used in associated cafés.

Last week Councillors unanimously voted for the new tender criteria which require, in the words of a media release, “submissions to be evaluated against criteria including experience managing tennis centres, knowledge of the industry, community tennis programs, coaching ability, marketing and promotion and understanding of local social and recreational needs”.

“The report also notes the appointment of a six-person tender review committee including two independent external tennis experts overseen by a probity auditor.”

But the staff report presented to Councillors was still weighted towards a single operator for all the courts, beginning with this: “Council is seeking to procure an operator for its Community Tennis Courts…”

An amendment from Cr Harris changing the words to “an operator or operators” was unanimously supported.

A single operator for all courts means one of the long-term operators of either Rushcutters Bay or Prince Alfred Park courts would be sacked, and this is what is upsetting Rushcutters Bay residents who support their local operator, Rory Miles.

But former Councillor Dixie Coulton, who lives in Elizabeth Bay and supports Mr Miles, says the new criteria are worse than the old ones.

“Obviously the Council has been working on it for months to make it almost impossible for any contractor or suitable private enterprise operator to tender,” she said. “The community will be the loser. It’s a crippling mix of council employee and contractor designed to stop any criticism of the Council or Lord Mayor.”

Ms Coulton listed several problems she believes apply to the new criteria:

• It’s no longer a lease but a  ‘management agreement’ answerable to a contract manager on every aspect of the business. The previous lease term of 5 x 5 years has been reduced to three, ‘unless terminated earlier’.

• The operator cannot hire new staff unless approved by Council’s contract manager, who can also decide what size, colour and finish the tables and chairs are. No signage or branding will be allowed, and the operator must install online booking systems.

• The operator cannot even decide the names of kiosks, a right reserved for Council bureaucrats. Council would also decree the court hire fees. Despite this, the operator must set out a 3-year business plan estimating actual income, controllable expenses, management fees and a guaranteed net profit payment to Council.

• Coaches  have to become members of Tennis Australia, creating a conflict of interest as the probity committee overseeing the tender process will include two members of Tennis Australia

“This is not a run-your-own business, said Ms Coulton. “The operator is effectively an employee of council. Rushcutters Bay Tennis courts did not operate like this. Indeed no privately run tennis centre could operate or function like this.”

“The new rules deprive contractors of all initiative and creativity, ensuring our tennis centres will have no personal touch or ambience,” she said.

Asked for comment on the possible probity conflict, Council’s media unit referred the City News back to Councillors. However time and space constraints dictate that we must invite any responses until next week.

by Michael Gormly