rmb.mtbuller.com.aurmb.mtbuller.com.au/EOI - Village private taxi service - FIN… · Web viewEOI description. Village private taxi service . EOI Closing Time and Date. 23 March

Expression of Interest (EOI) Private taxi service

KEY DETAILS

Please note that this is not an instruction to proceed with the services/works unless and until you receive written notification that your response has been accepted and an agreement with the Mt Buller and Mt Stirling Resort Management Board (RMB) is finalised.

1. EOI description Village private taxi service

2. EOI Closing Time and Date

23 March 2020 at 3:00pmPlease note, late responses will not be accepted.

3. Enquiries For all enquiries please contact Matt Elliott on 0448 908 821.

4. Process and indicative timeframe

This is an expression of interest process. Respondents will be shortlisted and either invited to directly negotiate with the RMB or take part in a second stage tender process.

Activity Timeframe

EOI released 24 February 2020

EOI closes 23 March 2020

Shortlisted coach companies advised 30 March 2020

Meetings with shortlisted coach companies 7 April 2020

Target date for issuing vehicle authorities 14 April 2020

11. Proposed Agreement Form

It is envisaged that the initial Vehicle Authority will be for the 2020 declared snow season, to trial this new product. If the new product is proven to be successful for both parties the RMB will exercise the optional extension period of 3 years.

12. Response submission method

Responses are to be emailed to [email protected].

13. Evaluation Criteria Criteria Weighting

Proposed pricing 65%

Capability (fleet size and quality) 20%

Experience (Business and drivers) 15%

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mailto:[email protected]


CONDITIONS OF PARTICIPATING

1. Invitation1.1. Invitation

This invitation is not an offer. It is a formal request for invitees to submit an expression of interest in response to the organisation’s requirements as set out in the Requirements. Nothing in this Invitation is to be construed as creating any binding contract for the supply of goods and/or services (express or implied) between the organisation and any invitee.

1.2. Accuracy of invitation

The organisation does not warrant the accuracy of the content of this invitation and will not be liable for any omission from the Invitation documents.

1.3. Additions and amendments

The organisation reserves the right to change any information or to issue an addenda to this Invitation.

1.4. Availability of additional materials

There are not additional materials. All relevant information is contained in this EOI.

1.5. Representation

No representation made by or on behalf of the organisation in relation to this invitation (or its subject matter) will be binding on the organisation unless the representation is expressly incorporated into any contract(s) ultimately entered into between the organisation and an invitee.

1.6. Licence to use Intellectual Property Rights

Persons obtaining or receiving this Invitation and any other documents issued in relation to this Invitation may use the documents only for the purpose of preparing an invitee’s response. Such Intellectual Property Rights as may exist in this Invitation and any other documents provided to the invitees by or on behalf of the organisation in connection with the EOI process are owned by (and will remain the property of) the organisation except to the extent expressly provided otherwise.

2. Communication2.1. Communication protocol

All communications relating to this Invitation and the EOI process must be directed to the project manager.

2.2. Requests for clarificationAny questions or requests for clarification or further information regarding this Invitation or the EOI process must be submitted to the organisation contact in writing at least 5 working days prior to the EOI closing time.

The organisation is not obliged to respond to any question or request for clarification or further information.

The organisation may make available to other prospective invitees details of such a request together with any response, in which event those details shall form part of this Invitation.

2.3. Briefing session

There are no mandatory briefing sessions for this EOI. Invitees can request and individual briefing session by contacting the RMB contact person nominated in the Key Details section.

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2.4. Unauthorised communication

Communications (including promotional or lobbying activities) with staff of the organisation or consultants assisting the organisation with the EOI process are not permitted during the EOI process except as provided in clause 2.1 above, or otherwise with the prior written consent of the organisation contact.

Nothing in this clause 2.4 is intended to prevent communications with staff of, or consultants to, the organisation to the extent that such communications do not relate to this Invitation or the EOI process.

Invitees must not engage in any activities or obtain or provide improper assistance that may be perceived as, or that may have the effect of, influencing the outcome of the EOI process in any way. Such activities or assistance may, in the absolute discretion of the organisation, lead to disqualification of an invitee.

2.5. Anti-competitive conduct

Invitees and their representatives must not engage in any collusion, anti-competitive or similar conduct with any other invitee or person in relation to the preparation, content or lodgement of their invitee’s response. In addition to any other remedies available to it under law, the organisation may, in its absolute discretion, disqualify an invitee that it believes has engaged in such collusive or anti-competitive conduct.

2.6. Consortia and trustees

Where the invitee is a member of a consortium, the invitee’s response must stipulate which parts of the goods and/or services that each entity comprising the consortium would provide and how the parties would relate to each other to ensure full provision of the required goods and/or services. All consortium members are to provide details relating to their legal structure and where applicable provide details of their special purpose vehicle established for the supply of the goods and/or services.

2.7. Complaints about this Invitation

An invitee with a complaint about this Invitation or the EOI process which has not been resolved in the first instance with the project manager should write to the Chief Executive Officer.

3. Submission of an invitee’s response3.1. Lodgement

The invitee’s response must be lodged by the EOI closing time by email as set out in the Key Details. The closing time may be extended by the organisation in its absolute discretion by providing notice to invitees.

All invitees’ responses lodged after the EOI closing time will be recorded by the organisation. The determination of the organisation as to the actual time that the invitee’s response is lodged is final.

3.2. Late invitee’s response

If an invitee’s response is lodged after the EOI closing time, it will be disqualified from the EOI process and will be ineligible for consideration unless:

(a) the invitee can clearly document to the satisfaction of the organisation that an event of exceptional circumstances caused the invitee’s response to be lodged after the EOI closing time; and

(b) the organisation is satisfied that accepting a late submission would not compromise the integrity of the EOI process.

The organisation will inform an invitee whose invitee response was lodged after the EOI closing time as to whether the invitee’s response is ineligible for consideration.

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3.3. Providing an invitee’s response

It is the invitee’s responsibility to:

(a) understand the requirements of this Invitation, the EOI process and any reference documentation;

(b) ensure that all the information fields in the Response are completed and contain the information requested;

(c) ensure that their invitee’s response is in the correct format, complies with all requirements of this invitation and is accurate and complete;

(d) make their own enquiries and assess all risks regarding this invitation and the EOI process;

(e) ensure that it did not rely on any express or implied statement, warranty or representation, whether oral, written or otherwise made by or on behalf of the organisation or its representatives other than any statement, warranty or representation expressly contained in this Invitation;

(f) ensure that they comply with all applicable laws in regard to the EOI process;(g) be responsible for all costs and expenses related to the preparation and lodgement of its

invitee’s response, any subsequent negotiation, and any future process connected with or relating to the EOI process.

3.4. Obligation to notify errors

If an invitee identifies an error in their invitee’s response (excluding clerical errors which would have no bearing on the evaluation), they must promptly notify the organisation.

The organisation may permit an invitee to correct an unintentional error in its invitee’s response where that error becomes known or apparent after the EOI closing time, but in no event will any correction be permitted if the organisation reasonably considers that the correction would materially alter the substance of the response.

3.5. Use of an invitee’s response

Upon submission, all invitee’s responses become the property of the organisation. The invitee will retain all ownership rights in any Intellectual Property Rights contained in the invitee’s response. However, each invitee, by submission of their invitee’s response, is deemed to have granted a licence to the organisation to reproduce the whole, or any portion of their invitee’s response for the purposes of enabling the organisation to evaluate their invitee’s response.

3.6. Withdrawal of an invitee’s response

An invitee who wishes to withdraw a previously submitted response must immediately notify the organisation of the fact. Upon receipt of such notification, the organisation will cease to consider the invitee’s response.

3.7. Status of invitee’s response

Each invitee’s response constitutes a non-binding proposal by the invitee to the organisation to provide the goods and/or services required under and otherwise to satisfy the requirements in accordance with the Conditions of Participation of this Invitation.

3.8. Disclosure of EOI contents and EOI information

Invitee’s responses will be treated as confidential by the organisation. The organisation will not disclose the information contained in an invitee’s response, except:

(a) as required by law (including, for the avoidance of doubt, as required under the Freedom of Information Act 1982 (Vic))

(b) for the purpose of investigations by the Australian Competition and Consumer Commission or other government authorities having relevant jurisdiction;

(c) to external consultants and advisers of the organisation engaged to assist with the EOI process;

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(d) to other government departments or organisations in connection with the subject matter of the EOI process; or

(e) general information from invitees required to be disclosed by government policy.

4. Capacity to comply with the overview of requirementsThe Requirements section details the organisation’s requirements for the goods and/or services the subject of this Invitation. The assumption is that each invitee will be capable of providing all the goods and/or services in full. Where an invitee believes it will not be capable of providing all the goods and/or services in full or will only comply with the Requirements subject to conditions, it should either not apply or set out potential limitations in their invitee’s response.

Invitees who are invited to participate in subsequent EOI processes (should such eventuate) will be provided with a full specification for the relevant goods and/or services at that time.

5. Evaluation5.1. Evaluation process

Invitee’s responses will be evaluated in accordance with the evaluation criteria.

An invitee’s response will not be deemed to be unsuccessful until such time as the invitee is formally notified of that fact by the organisation. The organisation may in its absolute discretion:

(a) reject any invitee’s response that does not include all the information requested or is not in the format specified

(b) after concluding a preliminary evaluation, reject any invitee’s response that in its opinion is unacceptable;

(c) disregard any content in an invitee’s response that is illegible and will be under no obligation whatsoever to seek clarification from the invitee;

(d) disqualify an incomplete invitee’s response or evaluate it solely on the information contained within it;

(e) alter the structure and/or the timing of the EOI process; and(f) vary or extend any time or date specified in this Invitation for all invitees.

6. Next stage of the EOI process6.1. Options available to the organisation

After evaluating all invitee’s responses, the organisation may without limiting other options available to it, do any of the following:

(a) prepare a short list of invitees and invite further offers from those invitees;(b) conduct a subsequent procurement process calling for the goods and/or services or any

similar related goods and/or services;(c) enter into pre contractual negotiations with one or more invitees;(d) decide not to proceed further with the EOI process or any other procurement process

for the goods and/or services; or(e) commence a new process for calling for invitee’s responses on a similar or different

basis to that outlined in the original invitation.

7. No legally binding contractBeing short listed does not give rise to a contract (express or implied) between the preferred invitee and the organisation. No legal relationship will exist between the organisation and a preferred invitee relating to the supply of goods and/or services unless and until such time as a binding contract is executed by both parties.

8. Invitee warrantiesBy submitting an invitee’s response, an invitee warrant that:

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(a) in lodging its invitee’s response, it did not rely on any express or implied statement, warranty or representation, whether oral, written, or otherwise made by or on behalf of the organisation or its representatives other than any statement, warranty or representation expressly contained in the invitation documents;

(b) it has examined this Invitation, and any other documents referenced or referred to herein, and any other information made available in writing by the organisation to invitees for the purposes of submitting an invitee’s response;

(c) it has sought and examined all necessary information which is obtainable by making reasonable enquiries relevant to the risks and other circumstances affecting its invitee’s response;

(d) it otherwise accepts and will comply with the rules set out in this Invitation; and(e) it will provide additional information in a timely manner as requested by the

organisation to clarify any matters contained in the invitee’s response.

9. Organisation rightsNotwithstanding anything else in this Invitation, and without limiting its rights at law or otherwise, the organisation reserves the right, in its absolute discretion at any time, to:(a) vary or extend any time or date specified in this Invitation for all or any invitees; or(b) terminate the participation of any invitee or any other person in the EOI process.

10. Governing LawThis Invitation and EOI process is governed by the laws applying in the State of Victoria. Each invitee must comply with all relevant laws in preparing and lodging its invitee’s response and in taking part in the EOI process.

11. Interpretation11.1. Definitions

EOI closing time means the time specified In the Key Details section by which invitee’s responses must be received by the organisation.

EOI process means the process commenced by issuing an Invitation for invitee’s responses and concluding upon either early termination of the process or a subsequent procurement process.

Goods means the products required by the organisation as set out in the Requirements.

Intellectual Property Rights

includes all present and future copyright and neighbouring rights, all proprietary rights in relation to inventions (including patents), registered and unregistered trademarks, confidential information (including trade secrets and know how), registered designs, circuit layouts, and all other proprietary rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

Invitation means the opportunity set out in each of the documents identified in the Introduction to this Invitation including the Conditions of Participation, the EOI process and any other documents so designated by the organisation.

Invitee means a person who submits an invitee’s response.Invitee’s response means a document lodged by an invitee in response to this

Invitation containing a proposal to provide goods and/or services.Item means an item of this Invitation.Organisation means the government department or agency issuing this Invitation.

In the case of an aggregated demand, the organisation is the lead agency issuing this invitation

Overview of means the overview of requirements set out in the Requirements.

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requirementsProject manager means the RMB contact person nominated in the Key Details.Representative means a party and its agents, servants, employees, contractors,

associates, invitees and anyone else for whom that party is responsible.

Services means the services required by the organisation as stipulated in the Requirements.

State means the Crown in right of the State of Victoria.Tender Box a secure location within which invitee’s responses are placed.

11.2. Interpretation

In this Invitation, unless expressly provided otherwise:

(a) the singular includes the plural and vice versa;

a reference to:

‘includes’ or ‘including’ means includes or including without limitation; and

‘$’ or dollars is a reference to the lawful currency of the Commonwealth of Australia; and

if a word or phrase is defined, its other grammatical forms have corresponding meanings.

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REQUIREMENTS 1. Background

The Resort Management Board and the Mt Buller community are working jointly on a range of improvements to visitor transport services to give visitors increased choice in terms of service and price.

A key element of these improvements it to allow, for the first time, private taxi operators to provide intra village transport and between overnight carparks and accommodation within the Village. It is anticipated the new private taxi service will offer a superior level of service relative to the Resort’s ride share service via:

Shorter wait times, Direct door to door service, and A dedicated vehicle for the booking (as opposed to multiple bookings sharing the same

vehicle with multiple pick-ups and drop-offs)

The aim of this EOI process is to identify operators that are interested in providing a private taxi service. Shortlisted respondents will be invited to directly negotiate with the RMB to finalise an agreement, in the form of a Vehicle Authority, or asked to take part in a second stage tender process.

Ride share service

For many years, a “taxi” service has operated at Mt Buller primarily to transfer guests between overnight car parks and accommodation. This service traditionally includes multiple groups per transfer with multiple pick up and drop off locations.

In 2020, this product will be referred to as “Ride Share” to more accurately reflect the services provided and differentiate it from the newly introduced taxi services.

2. The proposal

2.1. Number of private taxi operators

The RMB recognises that the private taxi services need to be commercially viable. For this reason, the actual number of operators permitted to provide the service will be capped to enhance commercial viability.

The service will be reviewed following the 2020 Snow Season to determine whether it has been successful for all parties and the optimal number of operators and/or vehicles for future snow seasons.

If the review identifies un-met need or oversupply issues, the RMB will look to adjust the number of operators and/or vehicles in a fair, equitable and transparent way to match demand and/or enhance commercial viability.

2.2. The agreement

Regulation 11 of the Alpine Resorts (Management) Regulations 2009 gives the RMB the power to issue an authority to allow a person to drive or use a vehicle in the village, which is an area set aside by the Board. The Regulations also make it an offence for a person to drive or use a vehicle in an area set aside by the Board if they do not have a valid authority.

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The RMB will issue selected private taxi operators with a vehicle authority allowing the nominated vehicles access to the village for the purposes of providing a private taxi service. The vehicle authority will form an agreement between the RMB and the operator. Compliance with the Commercial Passenger Vehicle Industry Act 2017 is also required.

2.3. Eligibility

There is no minimum fleet size to participate in this process. Although, fleet size is an evaluation criteria.

Vehicles seating 10-persons or more must comply with the Bus Safety Act 2009 and relevant Regulations.

Vehicles seating less than 10-persons and their drivers must comply with Commercial Passenger Vehicle Industry Act 2017 and relevant Regulations.

Depending on the vehicles being used, the operator must have: accreditation as a bus operator if required under the Bus Safety Act 2009; appropriate registration under the Commercial Passenger Vehicle Industry Act

2017; and a valid Hazard Area Authority for driving in hazardous areas (including Mount

Buller) issued by VicRoads in accordance with the Road Safety (Vehicles) Regulations 2009, if required by law.

2.4. Private taxi fares

Operators will be able to set their own taxi fares and luggage charges for upward and downward journeys booked directly with the private taxi operator. For clarity, taxi fares and luggage charges can be equal to, lower or higher than the RMB’s Ride Share fares. Operators must inform customers of their fares and charges before taking the booking. Fare and charges information must be available inside the vehicle.

2.5. Ride Share trips from overnight carparks

Operators will be allowed to participate in the physical queue of RMB Ride Share vehicles waiting in the overnight carparks to transfer visitors to their accommodation. Operators participating in the Ride Share service will be required to charge the RMB Ride Share fares and excess luggage charges. For clarity, operators will not be allowed to charge more or less for this service than the publicly advertised fare set by the RMB. For the 2020 snow season, these fares are:

One-way ride Price One-way ride PriceAdult (to / from carparks) Adult (within village)Ticket sold online $14.80 Ticket sold online $7.40Ticket sold at resort entry $18.50 Ticket sold at resort entry $9.25Ticket sold in-vehicle $18.50 Ticket sold in-vehicle $9.25Ticket sold in-vehicle (cash) $22.00 Ticket sold in-vehicle (cash) $10.50Child (to / from carparks) Child (within village)Ticket sold online $7.40 Ticket sold online $4.95 Ticket sold at resort entry $9.25 Ticket sold at resort entry $6.15 Ticket sold in-vehicle $9.25 Ticket sold in-vehicle $6.15 Ticket sold in-vehicle (cash) $10.50 Ticket sold in-vehicle (cash) $7.00Excess luggage $10.00

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If the visitor has pre-paid for their trip from the overnight carpark to their accommodation, the operator will be required to record either the Inntopia Itinerary Confirmation ID or the passengers Vehicle Licence Plate number as evidence of the ticket being redeemed. The RMB will pay the operator the publicly advertised fare for transporting these visitors upon receipt of an invoice with attached evidence of redeemed tickets in the excel format supplied by the RMB.

Operators participating in this service can discuss their private taxi service offering with customers during their trip from the carpark to their accommodation. Operators can also take return private taxi bookings from customers. The fee for return private taxi trips will be set by the operator. The RMB will not make any payments to the operator for return private taxi journeys.

If a visitor chooses to book a return private taxi journey with the operators, the operator is required to remind the visitor to cancel their Ride Share booking if they have made one. This fare is non-refundable but can be utilised during another visit to the Resort within the same declared snow season (for instance 2020).

2.6. Partnerships with on-mountain accommodation houses or coach companies

Operators will be allowed to contract with on-mountain accommodation houses or coach companies to provide a transfer service for their guests.

2.7. Promoting the service

Operators cannot tout for work anywhere within the resort.

Operators will be able to promote their service through a listing on www.mtbuller.com.au and can directly approach accommodation properties and coach companies.

2.8. Parking

If an operator has a village parking permit for the vehicle(s) then it will be allowed to park the vehicle in the village in accordance with the permit, at any time.

If the operator does not have a village parking permit, then it will not be allowed to park in the village. The RMB will work with operators to identify parking locations outside the village, where possible.

During service delivery, the vehicle will be allowed to idle in designated taxi areas in the village and around the Horse Hill/Skating Rink area or other carparks. The operator will not be allowed to park in unauthorised locations during service delivery.

2.9. Service infrastructure

The operator will be required to provide whatever service infrastructure is required to deliver its service including, without limitation, office facilities, staff and driver facilities, IT equipment, radios, etc.

The RMB will allow the operator to use its vehicle washdown and potential diesel re-fuelling facility. The RMB may charge a user fee for access to the washdown facility. The operator will be responsible for all fuelling costs.

3. Working with the RMB

3.1. Planning information

The RMB will provide the operator with weekly information on: Expected weather conditions

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Detail on any special events that may affect guest transport requirements Visitor numbers for the same period in previous years On-line and gate entry ticket sales information Accommodation bookings information Expected skier/boarder numbers.

The operator is required to confirm each week the number of vehicles and hours it will operate by day in the forthcoming week.

3.2. Compliance with laws and standards

The operator must ensure that it has obtained any required accreditation, certification and/or licences required by law to undertake the service. The operator must comply with all statutes, regulations, local laws and by-laws applicable to the service, lawful orders or directions made by any relevant authority and any resort or land management policy adopted by the RMB.

3.3. Fleet requirements

There is no minimum or maximum carrying capacity for private taxi vehicles.

The operator is required to ensure that vehicles: Meet all lawful requirements including requirements for commercial passenger vehicles

and buses (as applicable); Meet the Mt Buller Village Vehicle Conditions of a minimum ground clearance of 185mm is

required plus be able to be fitted with wheel chains; Carry appropriately sized, diamond wheel chains and use tyres that comply with the RMB’s

requirements (currently Mud + Snow or Snow tyres) Comply with the relevant licencing authority’s requirements for vehicles operating in a

declared hazardous area. Have annual roadworthy certificates completed not more than 3 months from the start of

the season Have reversing cameras so that drivers can see behind the vehicle For vehicles seating 10 persons or more, have audible reverse warning devices and flashing

lights.

The operator is responsible for keeping vehicles clean and tidy at all times. The operator is also responsible for maintaining vehicles and ensuring that vehicles are fit for purpose, safe and fully compliant with all relevant laws and regulations at all times.

3.4. Driver Requirements

The operator must ensure that drivers: Comply with all Commercial Passenger Vehicle Driver Accreditation or Bus Driver

Accreditation requirements, as appropriate, under the Commercial Passenger Vehicle Industry Act 2017 or the Bus Safety Act 2009; and

Are able to fit wheel chains and are competent at driving in snow and ice-covered roads and have a valid Hazard Area Certification, if required by law.

Follow all valid instructions issued by RMB.

3.5. Records

The operator must be able to provide records of: All driver certifications, registration and licences that may be required by law All fleet certifications, registrations and insurances required by law or this specification Which drivers drove which vehicles by date and time Hours of operation by day for each vehicle in the fleet

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Any documents that may be required under the Transport Act or any other law in relation to the services

Annual vehicle testing no more than three months before the declared snow season by a VicRoads licenced tester.

3.6. OHS

The operator must ensure, so far as reasonably practicable, the health and safety of its workers and other persons in the area under the operator’s control whether directly engaged by the operator or not.

The operator is the controller of the workplace associated with the delivery of the services and the way the services are performed. The operator is required to ensure that relevant workplaces, practices and processes comply with Occupational Health and Safety Legislation and Regulations. This includes, but is not limited to: Providing appropriate training and supervision Controlling or directing the performance of or work associated with the services Establishing and maintaining safe work practices Ensuring that staff receive occupational health and safety training particularly in relation to

aspects that are relevant to the services Informing the Organisation of any changes of staff, corporate structure, management

structure or supervision arrangements that may affect the operator’s workplace safety framework.

The operator is required to ensure that it has a system in place to regularly review the risks associated with workplaces and work practice/procedure and identify and implement control measures to eliminate or minimise risks.

The operator is required to consult, cooperate, and coordinate with the Organisation and any other entity operating in the resort that may interact with the service to discharge its obligations under relevant occupational health and safety laws.

The operator is required to participate in and fully support any investigation arising from a workplace near miss and incident including a Notifiable Incident whether the investigation is led by the Organisation or another entity including WorkSafe Victoria.

In relation to spills and leaks, the operator is required to ensure that it has appropriate measures and response procedures in place to prevent spills and leaks and effectively respond if an incident occurs to minimise environmental impacts by quickly acting to soak-up and/or dispose of spilt fuel.

3.7. Insurance

The operator is always required to have the following insurance cover throughout the contract term: Public Liability Insurance – Preferably $20 million for any one event Third Party Property – Preferably $10 million for any one event covering all vehicles

associated with the service Workers Compensation – As required by law

The Public Liability insurance taken out by the operator must list the Organisation as a co-insured wherever possible or an interested party. The operator must comply with its insurance requirements and not allow any of the required insurances to become void or voidable because of any act or omission by its staff or sub-contractors.

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The operator must provide the Organisation with certificates of currency for all insurances each year. The Organisation reserves the right to demand a copy of the terms of conditions for any or all required insurances.

3.8. Indemnity and release

The operator is required to indemnify and keep indemnified the Organisation from any and all loss incurred by the Organisation in respect of: any act, omission or neglect on the part of the operator or subcontractor or any of its staff

in connection with the services including a default or breach any death, personal injury, loss or damage suffered by persons using or otherwise affected

by the Services causes or contributed to by the operator or subcontractor or any of its staff or related entities.

The operator releases to the full extent permitted by law the Organisation from all loses which arise from the operator’s performance of the Services, except where an act, omission or neglect of the Organisation is the sole cause of the loss.

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RESPONSE

1. Respondent's details

Entity Name

Australian Business Number (ABN)

Mailing Address

Contact Person Name

Contact Person’s Phone Number

Contact Person ‘s email Address

Did you service Mt Buller during the 2019 Declared Snow Season?

I confirm, for and on behalf of insert respondent entity name, that I have the authority to make this offer to deliver the Works detailed in the Requirements in accordance with RMB’s Terms and Conditions.

Name:

Signed:

Position:

2. Compliance requirements

(a) Insurance

Public liabilityInsurance company: Policy number:

Amount $: Expiry date:

Third party property

Insurance company: Policy number:


Work coverInsurance company: Policy number:


(b) Evidence of accreditation

Please complete the relevant table below, depending on which regulator regime applies to the carrying capacity of your vehicles

Victorian bus operator accreditation

Date accreditation awarded:

Re-accreditation due by:

Accreditation awarded by:

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Any accreditation limitations or exclusions?

Commercial Passenger Vehicle Owner

Date accreditation awarded:

Re-accreditation due by:

Accreditation awarded by:

Any accreditation limitations or exclusions?

3. Service

3.1. Detail the approximate hours and number of vehicles you intend to operate by day.

Day Hours of operation Number of vehiclesStart Finish

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

3.2. Do you anticipate participating in the Ride Share service? (please tick correct response)

Yes No

3.3 If yes, please nominate days, times and number of vehicles anticipated to be participating in the Ride Share service in the table below.

Day Hours of operation Number of vehiclesStart Finish

Monday

Tuesday

Wednesday

Thursday

Friday

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Saturday

Sunday

3.4 Do you intend to provide guest transfer services for a particulate lodge or commercial accommodation property? (please tick correct response)

Yes No

3.5 If yes, please state the lodge/s and commercial accommodation properties below:

[add additional rows as needed]

3.6 Please outline any initiatives you intend to implement that differentiate your services from other private taxi operators.

4. Capability (fleet size and quality)

4.1. Complete the table below for each vehicle to be used to deliver the service.

Vehicle make Vehicle model Year of manufacture Carrying capacity

For example: Toyota Land Cruiser 2019 7

[add rows as needed]

5. Pricing

5.1 Do you intend to charge per passenger or per booking (for the vehicle)? (please tick correct response)

Per passenger Per vehicle

5.2 Do you intend to vary pricing between peak and non-peak periods? (please tick correct response)

Yes No

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5.3 If no, please complete the below table to indicate what your private taxi fares are likely to be.

Rate Unit Proposed private taxi fare

Accommodation to carpark

(complete per booking or per adult/child, depending on response to 5.1 above)

Per booking $

Per adult $

Per child $

Skating Rink Coach Park to/from accommodation trip

(complete per booking or per adult/child)

Per booking $

Per adult $

Per child $

Intra-village trip

(complete per booking or per adult/child depending on response to 5.1 above)

Per booking $

Per adult $

Per child $

Excess luggage fee Per item $

5.3 If yes, please complete the below table to indicate what your private taxi fares are likely to be.

Rate Unit Proposed peak period private taxi fare

Proposed off- peak period private taxi fare

Accommodation to carpark


Per booking $ $

Per adult $ $

Per child $ $

Skating Rink Coach Park to/from accommodation trip


Per booking $ $

Per adult $ $

Per child $ $

Intra-village trip


Per booking $ $

Per adult $ $

Per child $ $

Excess luggage fee Per item $ $

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5.4 Please nominate what you anticipate peak period hours and the non-peak period hours will be.

Day Peak Period Hours Off-peak Period Hours

Start Finish Start Finish

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

6. Experience (business and drivers)

6.1. Provide information on your experience providing transport or private taxi type services.

6.2. Provide information on you (and your drivers’ if applicable) experience in driving on icy and snowy roads.

6.3. If employing drivers, please state the training that will be undertaken prior to the 2020 snow season.

6.4. Please provide the contact details of two referees, who are able to verify your past and/or present experience in driving in alpine areas and/or providing transport or private taxi type services.

Referee No. 1

Entity's Name

Address

Contact Name

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Referee No. 1

Email Address

Telephone No.

When were Works Provided?

Description of Works Provided

Referee No. 2

Entity’s Name

Address

Contact Name

Email Address

Telephone No.

When were Works Provided?

Description of Works Provided

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VEHICLE AUTHORITY

PRIVATE TAXI SERVICE

THIS AUTHORITY IS GRANTED BY MOUNT BULLER AND MOUNT STIRLING RESORT MANAGEMENT BOARD (Authority Provider) to the Authority Holder and is valid for the Term.

The Authority Provider HEREBY PROVIDES the Authority Holder with written authority to use, drive and/or park Authorised Vehicles in the Area for the permitted, subject to the Act, the Regulations and the Authority Conditions.

Mark BennettsCEO, Mt Buller and Mt Stirling Resort Management Board

Date

NOTE:

1 A valid Private Taxi Permit must be displayed in Authorised Vehicle accessing the Area under this Authority (see Regulations, r 11(3)).

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Schedule 1 – Authority Details

Item 1. Authority Provider Mount Buller and Mount Stirling Resort Management BoardItem 2. Authority Provider

addressAlpine Central, Summit Road, Mt Buller, VIC 3723

Item 3. Authority Holder

Item 4. Authority Holder contact details

Address:

Contact person:Contact Phone Number:Contact email:

The Authority Holder is required to notify the Authority Provider of any change in contact details.

Item 5. Commencement DateItem 6. Expiry Date 4 October 2020, or the end of the 2020 Declared Snow Season,

whichever is the later.Item 7. Authorised Vehicles The Authority Holder must confirm by 5:00PM Wednesday each week

how many vehicles it has available for the coming week by date and time. The RMB will confirm how many vehicles are authorised to operate each day of the coming week by date and time following the weekly resort planning meeting on Thursday (ie Authorised Vehicles).

Vehicle type Registration

Item 8. Area Authorised Vehicles are authorised to be used, driven and parked in the resort carparks and within the Mt Buller Village for the Permitted Use. The Mt Buller Village is defined as all areas above the intersection of Mt Buller Road and the access road to the CSIR car parks.

Item 9. Permitted Use The provision of a taxi service to/from overnight carparks and within the resort in accordance with Vehicle Authority conditions.

Item 10. Parking Authorised Vehicles may park in the resort if the vehicle has a separate on-site Parking Permit or at designated taxi rank.

Authorised Vehicles must not park at other locations in the resort without prior agreement from the Authority Provider.

Item 11. Access restrictions Pick up from day carparks is not allowed at any time.

Carpark pick-upDuring non-peak times, Authorised Vehicles may pick up from overnight carparks at any time. During peak times, Authorised Vehicles must join the physical queue of taxis and only enter the carpark at the direction of the Authority Provider on a “next in line” basis.

Carpark drop offThe Authority Holder will be allocated carpark drop-off jobs by the RMB on a ‘next in line basis’.

Taxi rankThe Authority Holder can park at designated taxi areas and transport guests as they approach within the village or to a carpark.

Item 12. Fee The Authority Holder can set its own fees for services provided through partnerships with on-mountain accommodation houses or coach companies.

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If participating in the ride share service, services must be charged at the following rate:Ticket type Adult fare Child fareCarpark to/from accom (one way)

$14.80 (prepaid)$18.50 (purchased in vehicle)


Within Mt Buller Village (one way)



If a guest has already purchased a taxi ticket on-line then the Authority Holder is required to redeem the ticket or make a record of the ticket number. The Authority Provider will reimburse the Authority Holder upon invoice with attached evidence of un-redeemed on-line taxi ticket.

Item 16. Reporting Monthly reports on the number of adult and child passengers moved to and from the accommodation house by day and time must be sent by email to: [email protected].

Item 17. Payments Electronic funds transfer upon invoiceItem 18. Amount of Public

Liability Insurance$20 million

Item 19. Special Conditions The Authority Holder must have at least three vehicles and drivers that meet the vehicle and driver conditions of this Authority at all times during the season, unless the Authority Provider agrees otherwise due to unusual or extenuating short-term circumstances.

The Authority Holder must confirm each week how many drivers it has available each day of the coming week by date and time. The RMB will confirm how many vehicles are authorised to operate each day of the coming week by date and time following the weekly resort planning meeting on Thursday. The Authority Provider guarantees that at least three vehicles will be accepted as committed vehicles during peak periods.

The Authority Holder must operate the committed vehicles, unless the Authority Provider agrees otherwise due to unusual or extenuating short-term circumstances. The Vehicle Authority may be rescinded if the Authority Holder fails to operate the committed vehicles without prior agreement from the Authority Provider.

The Authority Holder’s luggage charges and conditions must match or be more favourable to the customer than those published by the Authority Provider.

The Authority Holder is responsible for ensuring compliance with all relevant laws and regulations.

The Authority Holder must ensure that drivers participate in a service induction delivered by the Authority Provider to ensure all drivers understand Vehicle Authority conditions and relevant service delivery and safety protocols.

The Authority will be rescinded for any breach of the law including unsafe driving and speeding.

AUTHORITY CONDITIONS

1. Definitions Words defined in the Act or the Regulations have the same meanings in this Authority. In this Authority:

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mailto:[email protected]


Act means the Alpine Resorts (Management) Act 1997 (Vic).

Authorised Activity has the meaning given in condition 5, Authorised Vehicles means the vehicles set out in Schedule 1, Item 7.

Authority means this vehicle authority issued by the Authority Holder under r 11 of the Regulations including the Authority Conditions.

Authority Conditions means these conditions to which the Authority is subject.

Authority Holder means the entity named Schedule 1, Item 3.

Authority Provider means the entity named in Schedule 1, Item 1.

Area means the area described in Schedule 1, Item 8.

Commencement Date means the date set out in Schedule 1, Item 5.

Committed Vehicles

Driver means a driver of an Authorised Vehicle.

Expiry Date means the date set out in Schedule 1, Item 6.

Fee means the fees set out in Schedule 1, Item 12 (as varied by the Authority Provider from time to time in accordance with the Regulations).

Permitted Use means the purposes or services described in Schedule 1, Item 9.

Regulations means the Alpine Resorts (Management) Regulations 2009 .

Resorts means the Mt Buller and Mt Stirling Alpine Resorts.

Term means the period described in condition 3 below.

2. InterpretationIn this Authority: where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings; a reference to a statute includes regulations under it and consolidations, amendments, re-enactments or replacements of any of them, a person includes a firm, partnership, joint venture, association, corporation or other body corporate, a body (Original Body) which no longer exists or has been reconstituted, renamed, replaced or whose powers or functions have been removed or transferred to another body or agency, is a reference to the body which most closely serves the purposes or objects of the Original Body, and 'A$', '$', 'AUD' or 'dollars' is a reference to Australian dollars; and headings are for ease of reference only and do not affect interpretation.

3. Dealing with the Authority This Authority is not transferable. The Authority Holder must not assign, transfer, sub-license, mortgage or charge this Authority to another person.

4. TermThe Authority commences on the Commencement Date and expires on the Expiry Date.

5. Authorised Activity This Authority only allows the Authority Holder to use, drive and/or park Authorised Vehicles in the Area and for the Permitted Use (the Authorised Activity). This Authority may be cancelled if the Authority Holder engages in any activity that does not comply with the Authorised Activity.

The Authority Holder must comply with any access restrictions listed in Schedule 1, Item 11.

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6. Area The Authority Holder must not erect, or permit the erection, of any improvement on the Area, including temporary signage, without the express written permission of the Authority Provider.

The Authority Holder must not allow rubbish to accumulate in or about the Area or cause or permit anything to be done in the area which may constitute a nuisance, annoyance or disturbance to other persons lawfully entitled to use the Area or land adjoining the Area.

The Authority Holder must pay on demand to the Authority Provider, on a full indemnity basis, the costs incurred by the Authority Provider in rectifying any damage or destruction caused by the Authority Holder to any building or improvement on the Area or the Resorts.

7. Authority Provider directions The Authority Holder must obey all reasonable directions of the Authority Provider. The Authority Holder is not entitled to any compensation from the Authority Provider whatsoever for loss or damage caused or contributed to by a direction including the need to suspend, cancel or cease the Authorised Activity.

8. Compliance with the law The Authority Holder must ensure that it has obtained any required accreditation, certification and/or licences required by law to undertake the Authorised Activity. On request by the Authority Provider, the Authority Holder must promptly provide evidence of such accreditation, certification and/or licences and comply with any supplementary requests for documentation or proof.

The Authority Holder must comply with all statutes, regulations, local laws and by-laws applicable to the Authorised Activity, lawful orders or directions made by the Authority Provider and resort or land management policy adopted by the Authority Provider or applicable to the Authorised Activity.

9. Authorised Vehicle and Driver requirementsThe Authority only applies to the Authorised Vehicles. This Authority may be cancelled if the Authority Holder uses any other vehicle in the Area.

The Authority Holder must have:

accreditation as a bus operator if required under the Bus Safety Act 2009; registration as a Booking Service Provider if required under the Commercial Passenger Vehicle Industry

Act 2017; and a valid Hazard Area Authority for driving in hazardous areas (including Mount Buller) issued by

VicRoads in accordance with the Road Safety (Vehicles) Regulations 2009, if required.The Authority Holder must ensure that each Driver is made aware of and complies with these Authority Conditions. Each Driver must:

have Commercial Passenger Vehicle Driver Accreditation or Bus Driver Accreditation if required under the Commercial Passenger Vehicle Industry Act 2017 or the Bus Safety Act 2009; and

be able to fit wheel chains and be a competent driver in snow and ice-covered roads; and follow all legally valid instructions issued by staff of the Authority Provider.Each Authorised Vehicle must:

be able to carry the skis/boards and luggage of all passengers in one movement without the use of a trailer or separate vehicle

be kept in a clean and tidy state at all times have a roadworthy certificate that is not less than 12-months old not be more than 10-years old For vehicles seating 10 persons or more, have audible reverse warning devices and flashing lights. meet all lawful requirements including requirements for commercial passenger vehicles and buses (as

applicable); be registered as a commercial passenger vehicle if required under the Commercial Passenger Vehicle

Industry Act 2017; meet the Mt Buller Village Vehicle Conditions, as a minimum (available from time to time at:

https://cdn.mtbullercdn.com.au/assets/village_vehicle_conditions_2019.pdf); be carrying appropriately sized, diamond wheel chains; and

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if carrying 13 or less passengers, have Mud & Sand tyres as a minimum, showing either of the below symbols

10. Drop-off, pick-up and parking in the AreaAuthorised Vehicles are limited by any parking conditions, drop-off and pick-up parking timeframes listed in Schedule 1, Item 10. Vehicles must always park in accordance with the directions of the staff of the Authority Provider.

This Authority does not carry or convey any automatic entitlement to park an over-snow vehicle or four wheel drive vehicle within the Resorts. A separate permit for the use or parking of such a vehicle is required.

11. Reporting

The Authority Holder must provide reports to the Authority Provider as set out in Schedule 1, Item 13. The Authority may be cancelled for any failure to comply with the daily record reporting requirements.

12. FeesThe Authority Holder is required to pay the Fees. Annual fees, if any, must be within 30 days of the Authority being issued. Per person fees must be paid in arears upon receipt of an invoice from the Authority Provider.

The Authority Holder must pay interest to the Authority Provider on any part of a Fee or other monies owing that are outstanding for more than 14 days. Penalty interest will be calculated in accordance with the Penalty Interest Rates Act 1983.

The Authority Holder is liable for any legal or other costs incurred by the Authority Provider in relation to outstanding fees or other monies due.

13. AuditThe Authority Holder must, on the provision of a minimum of three days notice, permit the Authority Provider or its representatives access to its business records for the purpose of the Authority Provider conducting an audit to verify the Authority Holder’s compliance with these Authority Conditions, including the accuracy of the Authority Holder’s reporting in accordance with condition 11.

The Authority Holder must cooperate with any such audit at its own cost. If the outcome of the audit does not require any corrective action, each party must bear its own costs of the audit. If the audit identifies an error, non-compliance or inaccuracy requiring remedial action, the Authority Holder must reimburse the Authority Provider, on demand, its costs incurred in conducting the audit and must take corrective action to rectify the error, non-compliance or inaccuracy including the payment of any unpaid monies.

14. InsuranceThe Authority Holder must effect and maintain throughout the Term public liability insurance for the amount listed in Schedule 1, Item 15 in respect of any single claim. The insurance must list the Authority Provider as an interested party. The Authority Holder must, upon request of the Authority Provider, produce evidence of public liability insurance (Certificate of Currency). The Authority Holder must promptly notify the Authority Provider if the policy is cancelled or an event occurs within the Resort which may give rise to a claim under the Policy.

15. Cancellation The Authority Provider may cancel this Authority at any time in accordance with r 22 in the Regulations. The Authority Holder is not entitled to any compensation for loss or damage caused or contributed to by cancellation of the Authority. The Authority Holder must reimburse the Authority Provider, on demand,

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for any legal costs and disbursements incurred in connection with any failure by the Authority Holder to comply with the Authority.

16. WaiverThe non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right operate to preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.

17. ReleaseThe Authority Holder conducts its activities in the Resort (including the Area) at its own risk. The Authority Holder releases the Authority Provider from all claims and liabilities directly or directly incurred in connection with its activities in the Resort or otherwise in connection with this Authority, except to the extent caused directly by the negligent or unlawful act or omission of the Authority Provider.

18. IndemnityThe Authority Holder indemnifies the Authority Provider against all actions, claims, demands, losses, damages, costs, expenses and liability (whether direct or consequential) for which it may become liable concerning its fraudulent, negligent or unlawful act or omission or breach of this Authority, except to the extent directly caused or contributed to by the negligent or unlawful act or omission of the Authority Provider.

19. Special conditionsThe Authority Holder must comply with any special conditions set out in Schedule 1, Item 16. If there is an inconsistency between a special condition and any other Authority Condition, the special condition prevails.

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rmb.mtbuller.com.aurmb.mtbuller.com.au/EOI - Village private taxi service - FIN… · Web viewEOI description. Village private taxi service . EOI Closing Time and Date. 23 March

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