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REQUEST FOR TENDERFor

Operation of Eidsvold Swimming Pool

TENDER NO: 2909_2019-20_TTB_36

RFT Release Date: Thursday 19 March 2020RFT Closing Time and Date: 10am, Monday 20 April 2020Validity Period: 90 Days from Close of TenderTender Administrator: Mr Matthew Cook Contact Details: [email protected] of Lodgement:

Sent by mail to – Chief Executive OfficerNorth Burnett Regional CouncilPO Box 390GAYNDAH QLD 4625Attn: Matthew Cook

Hand delivered to the container marked “Tender Box” at the Administration Office, 34-36 Capper Street, GAYNDAH QLD 4625

Electronically via email to [email protected]

Only those tenders received by the closing time will be considered. North Burnett Regional Council will accept no responsibility in the event that a tender is not received

by the closing time.

mailto:[email protected]

BACKGROUND

Council is inviting Tenders for the operation of the Eidsvold Swimming Pool, located at 28 Esplanade Street, Eidsvold.

Council is the freehold owner of the land on which the Eidsvold Swimming Pool is located and owns all facilities located on the land.

The successful Tender Applicant will be required to enter into a Lease in the form contained in Attachment 2 of this RFT, and subject to the specification in Attachment 1 of this RFT (subject to any modifications agreed by the parties in accordance with the Conditions of Tender).

Tenders will be assessed by reference to the Conditions of Tender in this RFT, and Tenders are to be lodged in accordance with the Conditions of Tender in this RFT.

Tender Applicants must complete the Response Schedules contained in this RFT.

To be considered, Tenders must be submitted by 10am on Monday 20 April 2020. Tenders submitted after this time may not be considered.

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EVALUATION CRITERIA

EVALUATION CRITERIA

Criteria Weighting (%)

Required pool operation qualifications or demonstrated documented commitment to obtain

MANDATORY

Management fee price 30%

Relevant skills and experience in running community pools or other community facilities

20%

Resources – your ability to resource the requirements of the contract (e.g. staff)

20%

Business management experience 15%

Demonstrated understanding of relevant Council policies 10%

Community engagement – how you would engage the community to utilise this facility.

5%

RATING SCALEScore Description of Score

0 Inadequate or non-appropriate offer, many deficiencies, does not meet criterion

1 Poor offer, some deficiencies, only partially meets criterion

2 Marginal offer, few deficiencies, almost meet criterion

3 Acceptable offer, no deficiencies, meets all criterion

4 Good offer, exceeds criterion

5 Excellent offer, greatly exceeds criterion

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CONDITIONS OF TENDER

1. Interpretation

In this RFT, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them:

‘Business Day’ for the purpose of the Tender process, means a day other than a Saturday, Sunday or public holiday in the local government area of Council.

‘Conditions of Tender’ means those conditions set out in Clauses 1 – 3 of this RFT.

‘Contract’ means

A. any specification contained in Attachment 1 of this RFT; and

B. the Lease contained in Attachment 2 of this RFT;

as modified by any subsequent negotiations between Council and a Tender Applicant which are evidenced in writing and executed by the parties, and which have been prepared in accordance with this RFT.

‘Council’ means the North Burnett Regional Council.

‘Evaluation Criteria’ means the evaluation criteria contained in this RFT.

‘In Writing’ means email, facsimile or on paper.

‘Intellectual Property Rights’ means the property of the mind or intellect. Types of intellectual property include patents, trademarks, designs, confidential information/trade secrets, copyright, circuit layout rights, drawings, and specification. It includes any right to apply for registration of such intellectual property rights.

‘Non-conforming Tender’ means a Tender that has not met a requirement of this RFT, as further specified in clause 3.6 of these Conditions of Tender.

‘Request for Tender’ or ‘RFT’ means this document and all attachments inviting Tender for this proposed Contract.

‘RFT Closing Time and Date’ means the date and time specified as the RFT Closing Time and Date on the cover of this RFT.

‘Tender’ means a Tender submitted in response to this RFT.

‘Tender Administrator’ means the person or persons specified in clause 2.6 of these Conditions of Tender such other person as the Council may from time to time determine. ‘Tender Conformance Form’ means the Schedules of this RFT. These must be completed in accordance with the Conditions of Tender. The information provided in these forms are used to assess each Tender and, potentially, to guide the preparation of the Contract.

‘Validity Period’ means the period as the Validity Period on the cover of this RFT during which the Tender Applicant will hold each Tender of the Tender Applicant current as a legal offer.

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2. General

2.1. Rules of Construction

Subject to any inconsistency, the following rules of construction will be used to interpret this RFT:

Any word importing the plural includes the singular and vice versa. Any word importing a gender shall include all genders. A reference to a person includes a reference to natural persons, bodies corporate or

other forms of associations. A reference to a recital, party, clause, schedule or annexure is a reference to a

recital, party, clause, schedule or annexure of this RFT. The captions, headings, section numbers and clause numbers appearing in this RFT

are inserted only as a matter of convenience and in no way affect the construction of this RFT.

A reference to a statute and regulations shall include all statutes and regulations amending, consolidating or replacing the statute or regulation.

2.2. Document Ownership

The Tender Applicant acknowledges that the Tender of the Tender Applicant becomes the property of Council and will not be returned to the Tender Applicant or Third Party.

2.3. Intellectual Property

The Tender Applicant will vest all Intellectual Property Rights in its Tender with Council (including all designs and other documents, models, methodologies, reports and calculations forming part of or submitted with or in support of its Tender). Council will release and discharge the unsuccessful Tender participant/s from any liability associated with use by Council or the Tender Applicant of intellectual property associated with its Tender/s.

To be clear, Council may take any aspect of an unsuccessful participant’s application for possible Tender by the Tender Applicant to ultimately benefit Council outcomes.

2.4. Tender Preparation Costs

The Tender Applicant acknowledges that they are responsible for all costs and expenses related to their Tender preparation and submission, including but not limited to:

The preparation and lodgement of their Tender Any subsequent negotiations, and Any other action or response in relation to this RFT.

The Tender Applicant should accept responsibility for costs and expenses related to attending any briefing or site inspection required under the Conditions of Tender.

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2.5. Information ‘In Confidence’

Council assumes that all information provided with the Tender is able to be publicly disclosed, unless the information is clearly marked ‘in confidence’.

For some Tender Applicants however, Council may desire that all Tender information be released. If information is marked ‘in confidence’ and Council requires its public disclosure, Council may request in writing permission from the Tender Applicant to release the information. Refusal to do so may result in the Tender being excluded from further consideration.

2.6. Tender Administrator

For information on this RFT process, the Tender Applicant may communicate only with the Tender Administrator as outlined on the cover of this RFT.

2.7. Disclaimer on Information

Each Tender Applicant acknowledges, accepts and agrees that the information contained in this RFT was prepared / collected by Council for Council’s own purpose and is passed to the Tender Applicant without any endorsement or adoption by Council. Council makes no representation as to the accuracy, completeness or appropriateness of the information for any particular purpose. The Tender Applicant must make its own enquiries and assessment of the information in order to satisfy itself as to the utility of the information for its own purposes.

2.8. Tender Applicant's Warranties

(b) By lodging a Tender, the Tender Applicant warrants that:

(i) all information contained in the Tender is accurate;

(ii) it has complied with its obligations under the RFT;

(iii) it has not relied on the accuracy, adequacy or completeness of the RFT, or any other information provided by or on behalf of Council in preparing its Tender;

(iv) it has not relied on the accuracy, adequacy or completeness of any other information provided by or on behalf of Council in preparing its Tender;

(v) it has satisfied itself of the local conditions, environment and facilities that may impact upon the Tender Applicant’s ability to perform its obligations required by the Contract;

(vi) it has examined all information relevant to the risks, contingencies and other circumstances having an effect on its Tender and the performance of its obligations under the Contract;

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(vii) it has informed itself fully as to the accuracy, adequacy and completeness of its Tender for the performance of the obligations under the Agreement and that the rates and prices included in the Tender include compliance with all obligations under the Agreement and all matters necessary for the complete performance of the Tender Applicant’s obligations under the Contract;

(viii) it has carried out its own investigations as to the feasibility of its Tender and has relied on those investigations.

(c) Failure by a Tender Applicant to do any of the things that it has warranted will not relieve the Tender Applicant of its obligation to perform under the Agreement that may be entered into between the Tender Applicant and Council.

(d) Council does not represent or warrant that the information provided in this RFT, including any information provided by Council’s Contact Officer or as part of the tender process generally, is accurate, adequate or complete.

3. Before the Closing Date & Tender Lodgement

3.1. Closing Time and Date

Tender Applications close at the RFT Closing Time and Date as specified on the cover of this RFT.

Tenders not lodged or received by LG Vendor Panel by the RFT Closing Time and Date will be deemed to be late. A late Tender may or may not be excluded from further consideration, at Council’s absolute discretion.

Council reserves the right to extend the RFT Closing Time and Date by giving written notice to each party to which Council has delivered a copy of this RFT.

3.2. Clarification of RFT and Disclosure

Where a Tender Applicant is seeking clarification on any part of the RFT, the Tender Applicant may only seek clarification from the Tender Administrator, prior to close of business, 5 Business Days prior to the RFT Closing Time and Date.

At its absolute discretion, Council may inform all other potential Tender Applicants of the question or matter raised and the answer given (without identifying any potential Tender Applicant by name), but may at its discretion choose not to do so.

Tender Applicants should draw the Tender Administrator’s attention to any ambiguity or discrepancy in this RFT.

A Tender Applicant who discusses the RFT process with any Councillor or other Council employee (other than the Tender Administrator) prior to award of the Contract may have their Tender excluded from further assessment.

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Council will not be bound by any advice or information furnished by a Councillor or Officer of Council with respect to the RFT.

A Tender Applicant who offers a bribe or gratuity aimed at influencing the RFT decision process will have their Tender excluded from further assessment.

3.3. Before Tender submission

(a) Before submitting its Tender, each Tender must:i. Carefully read and consider the RFT and any other information made

available by Council with respect to the RFT and the process of Tendering for the Contract; and

ii. read and consider all information relevant to the risks, contingencies and other circumstances relevant to the RFT; and

iii. inform itself of the nature of the obligations it must discharge under the Contract; and

iv. not rely upon information provided by or on behalf of Council; and v. independently verify any information provided by or on behalf of Council,

and satisfy itself that the information is adequate and accurate; and vi. satisfy itself that the information in its Tender is accurate and complete;

and vii. Satisfy itself that its Tender complies in all respects with the

requirements of the Conditions of Tender.

(b) In evaluating Tenders and determining with whom it will enter the Contract, Council will rely upon Tender Applicants having complied with the requirements of Clause 3.6(a) of the Conditions of Tender.

(c) Failure to comply with any requirement in clause 3.6(a) will not relieve the relevant Tender Applicant of responsibility to complete the Contract in accordance with its terms and in particular, the price or rate quoted by the Applicant.

3.4. Method of Lodgement

Tenders must be lodged using the method of lodgement specified on the front cover of this RFT. Council reserves the sole and absolute discretion to exclude from further consideration any Tender not submitted in this manner.

Council will not be liable for, or pay for, any expenses or losses which may be incurred by any Tender Applicant in the preparation of the Tender.

3.5. Form of Tender

(a) Conforming Tender

Any Tender that breaches the requirements of this RFT such as not supplying information as required by this RFT may be deemed as “Non-conforming”. Council reserves the sole and absolute right to exclude any Non-conforming Tender from further assessment.

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A listing of Non-compliances with the General Conditions of Contract will not make a Tender Non-conforming. However, the assessment team may take these Non-compliances into consideration when assessing the Tender. Any departures from the General Conditions of Contract must be specifically listed in Tender Response Schedule.

3.6. Tender Conformance Forms

Tenders will be required to complete all Tender Conformance Forms. When completing these forms, Tender Applicant’s shall include only information that is relevant, important and able to be used in the assessment of the Tender. Failure to fully and accurately complete the Tender Conformance Forms will make a Tender Non-conforming.

3.7. RFT Modification

Council reserves the right to amend, suspend, terminate or abandon this RFT or its requirements at any time prior to the RFT Closing Time and Date, providing notice is given to each party to which Council has delivered a copy of this RFT.

3.8. Binding Offer

The Tender of an Applicant must be executed in a manner that binds the Supplier. The identity of the Tender Applicant is fundamental to Council. For the purposes of a

Tender, the Tender Applicant is the person/persons or corporation/corporations:o who is named as the Tender Applicant in the Tender Response

Schedules; and o who has duly executed the Tender Response Schedules in a manner

that binds the Applicant. Each Tender constitutes an offer by the Tender Applicant to Council.

3.9. Council's Rights After Tenders Received

(a) Without limiting any other specific clause in these Conditions of Tender, Council may, at any time after Tenders have been received, in its absolute discretion:

(i) request any one or more Tender Applicants to change their Tender to take account of a change in the Tender Documents or any error in the Tender Documents. However, Council has no obligation to do so and need not extend the same opportunity to each Tender Applicant;

(ii) request a meeting with any one or more Tender Applicants to obtain additional information from that Tender Applicant;

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(iii) seek to clarify and alter any aspect of a Tender Applicant's Tender and may, at its discretion, advise any or all of the preferred Tender Applicants of such clarification or alteration;

(iv) request any one or more Tender Applicants to provide a presentation of their Tender in person at Council's office at no cost to Council; and

(v) request additional information from one or more Tender Applicants.

(b) Negotiations

(i) Council reserves the right to negotiate amendments to any aspect of the Tender or the Tender Documents with any one or more Tender Applicants. Council is under no obligation to enter into negotiations with any Tender Applicant, nor is Council required to extend the opportunity to each Tender Applicant.

(ii) Council entering into negotiations pursuant to the preceding subclause does not constitute a rejection of the Tender Applicant’s Tender or a counter offer to the Tender Applicant, unless specified otherwise.

(iii) Council may suspend or terminate negotiations at any time and for whatever reason.

3.10. Assessment of Tenders

(a) In determining which Tender is most advantageous to Council, each Tender admitted to assessment in accordance with these Conditions of Tender will be assessed against the Evaluation Criteria.

(b) In assessing Tenders, Council may

(i) consider:

A. information contained in the Tender;

B. outcomes from discussions with Tender Applicant’s referees (if any);

C. any other information available to Council;

D. any relevant Law, including the Local Government Act 2009 (Qld) and any regulation enacted under it; and

E. other information which Council reasonably considers to be relevant to its assessment, including but not limited to any procurement policies or procedures implemented by Council;

(ii) ignore any part of the Tender which is ambiguous, uncertain, unclear or illegible without seeking clarification from the Tender Applicant and may assess the balance of the Tender.

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(c) Council may seek any further information or assistance from any person (including third parties) where Council considers in its absolute discretion it is necessary to do so in order to properly evaluate any aspect of the Tender. Council may (but is not required to) notify the Tender Applicant of a third party appointed by Council to provide such assistance to Council, and, if advised, the Tender Applicant must cooperate with and provide all information and assistance reasonably requested by such third party. Council may exclude from assessment or reject a Tender if the Tender Applicant does not provide such cooperation, information and other assistance.

(d) Council:

(i) is not bound to accept the lowest or any Tender, or any clarification, alteration or amendment of a Tender; and

(ii) may, subject to these Conditions of Tender, at its discretion, reject or accept:

A. a late Tender;

B. a Non-conforming Tender;

C. a Tender which has been clarified, altered or amended in accordance with these Conditions of Tender; or

D. a Tender submitted by a Tender Applicant that has breached these Conditions of Tender.

3.11. Form of Acceptance

(a) A Tender shall be deemed to be accepted when Council expressly advises the successful Tender Applicant in writing that the Tender Applicant’s Tender (as amended by any negotiations pursuant to clause 3.9(b)) is accepted.

(b) However, notwithstanding Council’s acceptance of a Tender, no binding agreement will exist between the parties until any documents required to form part of the Contract has been duly executed by both parties in its final form.

(c) An executed agreement will supersede any prior representations, agreements, statements or understandings (whether oral or in writing).

(d) The Tender Applicant acknowledges and agrees that if their Tender is accepted pursuant to subclause (a) of this clause, then the Tenderer must take all steps reasonably required by Council to complete and sign any documents that Council requires to form part of the Contract.’

3.12. No Liability

(a) Without limiting any other clause in these Conditions of Tender, Council, including the Tender Administrator, are not liable upon any claim for, and the Tender Applicant indemnifies Council against and releases Council from all liability for, any costs, expenses, losses, damages suffered or incurred by the

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Tender Applicant or any of the Tender Applicant’s personnel (including any consequential loss) relating to, or arising out of or in connection with:

(i) the preparation and submission of the Tender Applicant’s Tender;

(ii) the exercise by Council of any of its rights under the Conditions of Tender or the RFT generally; or

(iii) any defect, deficiency, error, inconsistency, ambiguity, discrepancy or conflict in or between, or omission from any of the documents comprising the RFT, or any other information provided by Council, or Council’s Contact Person in connection with this procurement process.

(b) If a court finds that Council is liable to any Tender Applicant with respect to this procurement process, the Tender Applicant agrees that the total aggregate liability of Council to the Tender Applicant for any negligence of Council, the Tender Administrator or any other of Council’s employees, breach of statute by Council or breach of contract shall be limited to $1,000.00.

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RESPONSE SCHEDULES

4. Tender

All parts of Section 4 – Response Schedules must be completed and returned. If a Tender contains incomplete parts of Section 4, the Tender will be a Non-conforming Tender.

4.1. Tender Applicant Information

Name of Tender Applicant

ABN/ACN

Contact Person

Position of Contact Person

Street Address of Tender Applicant

Postal Address of Tender Applicant

Email Address of Tender Applicant

Contact Telephone of Tender Applicant

Alternative Contact Telephone of Tender Applicant

Is the Tender Applicant registered for GST?

Yes No

Does the Tender Applicant have any conflicts of interest?

Yes No

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If Yes, include details on additional pages.

Solvency of the Tender Applicant

(a) Has the Tender Applicant been the subject of any form of insolvency or administration?

(b) Have any of the directors of the Tender Applicant been the subject of any bankruptcy proceeding?

(c) Have any of the directors of the Tender Applicant been directors of a company that has been the subject of any insolvency or administration?

Yes No

If Yes to any question, include details on additional pages.

The Tender Applicant acknowledges and agrees that by submitting a Tender, Council is entitled to ask for further information about the Tender Applicant’s financial position, including but not limited the Tender Applicant’s financial statements.

Legal Information

(a) Is the Tender Applicant or any of its directors or officers a party to any legal proceeding (in Australia or overseas) that may reasonably be expected to affect the Tender Applicant’s ability to perform under the Contract?

(b) Has the Tender Applicant or any of its directors or officers been a party to any legal proceeding (in Australia or overseas) settled or otherwise finalised in the last 5 years that may reasonably be expected to affect the Tender Applicant’s ability to perform under the Contract?

(c) Is the Tender Applicant aware of any other legal matter that may reasonably be expected to affect the Tender Applicant’s ability to perform under the Contract?

Yes No

If Yes to any question, include details on additional pages.

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4.2. Tender Applicant Profile

Respondents must provide the following information: • Brief history of the organisation; • Details of particular skills and services provided by said Applicant and how that would

help to deliver the required outcomes specified in this Tender; • Former Partnerships, Council or other; • Details including references.

List below recent engagement with swimming pools

Former Organisation

where Pool Lease held

Duration of Engagement

Skills and Services Provided

References

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4.3. Management Fee

Total annual management fee including GST. This will be the amount specified as the Management Fee in the Lease contained in Attachment 2 and is paid by Council to the successful Tenderer:

Eidsvold Swimming Pool $____________/year

Payments will be made in accordance with the Lease terms.

Specify any additional or potential costs that are not included in the Tender.

Item Cost Unit

Can you please detail how you came to this management fee amount?

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4.4 Tender Applicant Submission – Details of experience

Provide detailed responses to the following and include as an attachment to Appendix 1.

a) Provide an overview of your experiences in operations of public Swimming pools (please include any experience in remote, rural or Local Government areas).

b) Please demonstrate any previous business management experience and/or qualifications.

c) Provide a detailed list of pool operation qualifications.

d) Provide details of all other current qualifications.

e) Can you please address Pool Specifications Section 5.1.1 and 5.1.2 to detail what resources you have to comply with the contract requirements.

f) Provide brief details of any events that you as a Tender Applicant or group have been involved in (such as coaching clinics, carnivals, training camps etc).

g) Provide details of any community engagement programs proposed and any previous experience in delivering such programs (such as Aqua fit, Aged Care therapy, hydrotherapy, little life savers, aqua cycle, aqua boxing etc).

h) Detail your understanding of grant application writing.

i) Detail your understanding of reporting using Microsoft Excel and Word.

j) Provide evidence of your understanding of Council’s requirements as set out in Pool Specifications Section 5.6 – 5.6.7 (Asset and Equipment Management).

k) Provide evidence of your understanding of Council’s Policy 328 - Social Media and its legalities (Refer to Attachment 3), or provide a copy of the Applicant’s Social Media Policy.

l) Provide detailed response to Pool Specifications section 5.5 (Risk Management) including RLSSA or Swim safe.

m) Provide a detailed response to Pool Specifications Section 6.13 (Insurances).

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n) Provide evidence of your understanding of Council’s Safe Plan WHS Policy (Section 5.4.1 of Pool Specifications) or provide a copy of the Applicant’s WHS Management Plan or Policy.

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4.5 Tender Applicant’s Acknowledgment:

I/We:

have read and understand, and agree to be bound by, the RFT, including the Conditions of Tender;

have completed all parts of the Response Schedules;

acknowledge and agree that if my/our Tender is accepted, I/we must take all steps reasonably required by Council to complete and sign any documents that Council requires to form part of the Contract.

Tender: Eidsvold Community Swimming Pool Lease

Name of Supplier:

Date:

Signature of Supplier:

4.6 Tender Applicant Response and Commitment

Task Target Date

Close of Tender Application – date 20 April 2020

Evaluation of Tender Submissions – Details of experience section 5 1 May 2020

Letter of offer to successful Tender Applicant 29 May 2020

Milestone 1 - Commencement of Lease 1 August 2020

Milestone 2 - Provision of Swimming pool Operational Plan 10 August 2020

Milestone 3 - Formal meeting 17 August 2020

Milestone 4 – Initial Pool Opening 1 September 2020

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Appendix 1 – Tender Conformance Form

Tender Applicant Submission – Please complete the relevant section.

Tender Applicant conforms

I hereby confirm and warrant that I have provided all of the information requested in the requirements of section 4 of the Request for Tender.

Or

Tender does not conform entirely I hereby confirm and warrant that I have provided all of the information requested the requirements of section 4 of the Request for Tender other than is the areas detailed below or on the attached.

Name ………………………………. Witness name……………………………..

Signed ………………………………. Witness signature ………………………..

Position ………………………………

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Attachment 1 – Swimming Pool Specification Document

Refer to Swimming Pool Specification Document.

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Attachment 2 – Draft Lease

Refer to Lease Document.

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Attachment 3 – North Burnett Regional Council Social Media Policy Number 328

Refer to https://www.northburnett.qld.gov.au/publications/ under Policies.

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https://www.northburnett.qld.gov.au/publications/

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