Game over: tennis contract rejected

Rory Miles, operator of the Rushcutters Bay tennis courts for the past 27 years, has rejected the new contract offered by the City of Sydney.

The tendering process for the job has been troubled, with three Council meetings dominated by residents supporting Mr Miles packing out the public gallery.

Council originally wanted a single private operator for all its courts and awarded the first tender to Patrick Jensen from the Prince Alfred Courts in Surry Hills.

But the tender was withdrawn amid legal questions around contact between some tenderers and councillors, and a new tender was written and won by Mr Miles for the Rushcutters Bay Courts only.

But this second tender changed the contract from a lease basis to a Service Provider contract, which Mr Miles says “had extremely onerous and egregious conditions which were not commercially fair or favourable… This contract is designed to enable Council to micro-manage every aspect of the courts and kiosk.”

“We have been informed that Council cannot revert to the traditional Lease Agreement,” Mr Miles wrote in a letter to supporters. “We do not understand why Council decided to change the type of contract. No tennis court operators in Australia operate under such a contract yet Council believes this is ‘best practice’.

“Throughout the past two months Council has lied to us on several occasions and we have no faith in this Council and do not believe that we can work with them,” the letter says.

After the protest residents occupied the cottage, it is understood Council CEO Monica Barone sent letters criticising Mr Miles for making statements to the media, connecting him with the occupation and threatening legal action.

Mr Miles’ letter continued: “Following our meeting on Monday 22 November and Monica Barone’s distasteful letter of 23 November to us, we believe that our extensive negotiations with Council officers and Monica Barone (CEO) are now completely over.

“We have made the heart-breaking decision that we cannot sign the Service Providers Agreement.”

The City responded to questions, writing: “The City of Sydney CEO has urged Mr Miles to sign so that tennis facilities will continue to be provided  for  the community. City staff have negotiated with Mr Miles to respond as much as possible to his requests and given him time extensions, within the legal constraints of the tender process.  However, City staff also need to be certain that Mr Miles will provide the services as set out in the contract.

“Mr Rory Miles has now written to the City stating that he will not sign a contract to run the Outdoor Community Tennis Facility at Rushcutters Bay.

“Our priority is to continue to provide tennis services for the local community.”

Council is hiring part-time employees including students to operate the courts. However Mr Miles advises residents that he will be unable to run his popular Tennis Camps for children this Christmas.

by Michael Gormly