FUNDING AGREEMENT
Between
The State of Queensland acting through the
Queensland Reconstruction Authority
And
[Council Name]
For assistance in recovery and reconstruction
for Queensland Floods and Tropical Cyclones
Anthony and Tasha and damage arising from
Severe Tropical Cyclone Yasi
Queensland Reconstruction Authority
For assistance in recovery and reconstruction for Queensland Floods and Tropical Cyclones Anthony and Tasha
and damage arising from Severe Tropical Cyclone Yasi
PARTIES
The State of Queensland acting through the
Queensland Reconstruction Authority (‘the
Authority’) of Level 9, 119 Charlotte Street,
BRISBANE QLD 4000
[insert Local Government name]
(‘the Council’)
of [insert registered address]
BACKGROUND
A.
The Authority has been established by the Queensland Government to provide,
manage and coordinate a range of recovery and reconstruction programs on behalf
of the State. This includes a range of State and Commonwealth funding and
assistance programs.
B.
The Council is seeking to apply for recovery and/or reconstruction assistance being
provided, managed or coordinated by the Authority.
C.
This agreement provides the terms and conditions on which assistance will be
provided, managed and coordinated through the Authority.
D.
Subject to the Council entering into this agreement the Authority, in contemplation
of receiving formal submissions for funding, will provide the Council with a grant
advance of funding for projects that are eligible for assistance.
AGREEMENT
1.
RELATIONSHIP BETWEEN THE NATIONAL PARTNERSHIP AGREEMENT
AND THIS FUNDING AGREEMENT
1.1. The State of Queensland and the Australian Government have entered into a
National Partnerships Agreement (NPA) for Natural Disaster Reconstruction and
Recovery. The NPA provides for the provision of support through a number of
means including the provision of advance payments to the Queensland
Government under the Natural Disaster Relief and Recovery Arrangements. The
provision of assistance from the Authority to the Council will be subject to specific
requirements under the NPA, which are given effect through this Funding
Agreement.
1.2. The Authority is created in accordance with the Queensland Reconstruction
Authority Act 2011 and through the responsibilities and powers provided under the
Act is able to enter into this Funding Agreement.
2.
DEFINITIONS, INTERPRETATION AND SCOPE
2.1. Definitions
In this agreement, unless the context indicates otherwise:
i.
Approved Funds means funds and other material support approved to be
provided to the Council by the Authority to assist with restoration and
reconstruction projects.
ii.
Approved Projects means restoration and reconstruction projects that have
been approved for provision of funding and other support by the Authority and
are listed in Schedule 1.
iii. Eligible Expenditure means expenditure on projects approved by the Authority
for funding and other assistance for restoration and reconstruction projects.
Funding Agreement for [Council Name]
Page 1 of 7
Queensland Reconstruction Authority
For assistance in recovery and reconstruction for Queensland Floods and Tropical Cyclones Anthony and Tasha
and damage arising from Severe Tropical Cyclone Yasi
For projects where funding is provided under the Natural Disaster Relief and
Recovery Arrangements, eligible expenditure means expenditure on an eligible
measure as defined in the Australian Government Natural Disaster Relief and
Recovery Arrangements Determination 2007.
iv. NDRRA means the Natural Disaster Relief and Recovery Arrangements.
v.
3.
NPA means the National Partnerships Agreement for Natural Disaster
Reconstruction and Recovery.
TERM OF AGREEMENT
3.1. This Funding Agreement commences on the date the last party signs the
agreement and continues until the later of completion of the last restoration or
reconstruction project and the cessation of operations of the Authority.
3.2. Prior to the cessation of operations of the Authority, this agreement may transition
to another entity as set out in clause 7.
4.
ASSISTANCE TERMS AND CONDITIONS
4.1. Obligations
4.1.1.
The Council acknowledges that receipt and retainment of any Approved
Funds is conditional upon the Council:
i.
expending the Approved Funds on the Approved Project(s) as
identified in Schedule 1.
ii.
complying with all clauses of this agreement.
4.1.2.
The Council must provide the Authority with a submission in the format
required by the Authority for restoration and reconstruction projects eligible
under the NDRRA or other assistance measures.
4.1.3.
The Council acknowledges that it must return to the Authority any grant
advance funding should the Council fail to provide a complying
submission(s) in accordance with clause 4.1.2.
4.1.4.
The Council must complete the Approved Projects as identified in
Schedule 1.
4.1.5.
The Council acknowledges that funding and expenditure related to each
Approved Project must be treated separately.
4.1.6.
The Council must notify the Authority in writing immediately, should the
Council desire to vary an Approved Project in any way or decide not to
complete an Approved Project.
4.1.7.
In the event of any review, audit or enquiry of an Approved Project by
external parties, including but not limited to the Australian Government or
Queensland Auditor-Generals, or by other parties as set out in the NPA,
the Council will provide the Authority or its successor, all required
assistance in terms of providing information relevant to the submission,
funding and completion of an Approved Project.
4.1.8.
Any variation to an Approved Project must be approved in writing by the
Authority prior to that variation being effected.
Funding Agreement for [Council Name]
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Queensland Reconstruction Authority
For assistance in recovery and reconstruction for Queensland Floods and Tropical Cyclones Anthony and Tasha
and damage arising from Severe Tropical Cyclone Yasi
4.1.9.
In addition to any obligations under the Local Government Act 2009 the
Council agrees to comply with the intent of the State Procurement Policy in
undertaking procurement activities for Approved Projects.
4.1.10. The Council agrees to comply with the intent of other Queensland
Government guidelines relating to employment and training in undertaking
activities for Approved Projects.
4.1.11. Where the Authority provides an advance of grant funding for NDRRA
eligible restoration and reconstruction projects, Council must within a
reasonable period prepare a submission for funding that complies with
requirements under the Australian Government Natural Disaster Relief and
Recovery Arrangements Determination 2007.
4.1.12. Where Council commences or completes a project prior to making a
submission for funding to the Authority, the Authority will assess the
submission using the same approach and information as for submission
received pursuant to Clause 4.1.2 and Clause 4.3 of this Agreement.
4.2. Submissions
4.2.1.
The Council should make submissions for assistance in the form requested
by the Authority.
4.2.2.
The Authority shall assess properly made submissions in a timely manner
and not unreasonably delay the decision to approve a project for funding
where eligible.
4.2.3.
The Authority reserves the right to approve a project or payment on a
conditional basis.
4.3. Value for Money
4.3.1.
The Council acknowledges that the Authority will implement value for
money assurance procedures and that Council will be required to provide
the Authority with information relating to the project scope, procurement,
project management and commercial arrangements that will be utilised for
restoration and reconstruction projects.
4.3.2.
The Council acknowledges that the Authority may evaluate the
performance of the Council in carrying out Approved Project(s) and its
obligations under this Agreement. This evaluation may be used in the
assessment of subsequent applications.
4.4. Funding
4.4.1.
The Authority has available a number of funding sources to assist Councils
with their restoration and reconstruction projects, including funding from
the Australian and Queensland Governments under the NDRRA, other
funding from the Australian and Queensland Governments and monetary
and material support from other parties.
4.4.2.
On receipt and approval of a properly completed submission the Authority
will make available funding to Council and identify the source of funding.
4.4.3.
Where required the Council shall lodge progress claims with the Authority
in line with the approved submission, or as deemed necessary. Progress
claims will be accompanied by confirmation from the Council that the
expenditure and work claimed has been undertaken in accordance with the
approved submission.
Funding Agreement for [Council Name]
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Queensland Reconstruction Authority
For assistance in recovery and reconstruction for Queensland Floods and Tropical Cyclones Anthony and Tasha
and damage arising from Severe Tropical Cyclone Yasi
4.5. Reporting
4.5.1.
The Council will provide or make available to the Authority all reporting
associated with the Approved Projects. Reporting requirements will be
confirmed by the Authority.
4.6. Access to premises, records and financial accountability
4.6.1.
All financial transactions incurred in the conduct of an Approved Project
must be separately identifiable in the Council’s financial reporting systems.
The Authority or its nominated agents may, on giving three(3) Business
Days written notice to the Council:, request, which will not be unreasonably
denied:
i.
Request access to records for Approved Projects and to inspect and
copy documentation and records, however stored, in the custody and
control of the Council to ensure compliance with all reporting and
accountability requirements under this Agreement and conduct audits
of Approved Project.
ii.
Request access to the employees, contractors and advisors of the
Council.
iii. Request information on, and access to, processes and procedures
used by the Council.
iv. where necessary, request access the premises of the Council and
project sites.
4.6.2.
The Council will not unreasonably deny any request made in accordance
with clause 4.6.1.
4.7. Financial Acquittal
4.7.1.
The Council will provide the Authority with financial statements confirming
expenditure and other financial information relating to the Approved
Projects.
4.7.2.
The Council will provide the Authority with estimates of, and actual
expenditure on Approved Projects, and report this information against
identified funding source for the Approved Projects.
4.7.3.
On completion of an Approved Project the Council will provide the
Authority with an acquittal confirming actual expenditure on the Approved
Project.
4.8. Acknowledgement of Source of Funding
5.
4.8.1.
The Council must acknowledge the source of funding contribution as
advised by the Authority. Funding contributions from the Australian
Governments will need to be acknowledged as required in NPA or as
otherwise advised.
4.8.2.
All joint publicity is to be approved by the Authority in advance.
Dispute resolution
5.1. Either the Authority or Council may give notice to the other of a dispute under this
Agreement.
5.2. Officials of the Authority and Council will attempt to resolve any dispute in the first
instance.
Funding Agreement for [Council Name]
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Queensland Reconstruction Authority
For assistance in recovery and reconstruction for Queensland Floods and Tropical Cyclones Anthony and Tasha
and damage arising from Severe Tropical Cyclone Yasi
5.3. If a dispute cannot be resolved in accordance with clause 5.2, it may be referred by
either the Authority or Council to the Chief Executive Officers of the Authority and
Council.
6.
Confidentiality
6.1. The Council shall not disclose Confidential Information belonging to the Authority
except where:
i.
It has obtained the Authority’s prior written approval, which shall not be
unreasonably withheld; or
ii.
Disclosure is made in compliance with a lawful requirement and the Council
advises the Authority of the information provided.
6.2. The Authority reserves the right, in its absolute discretion to make available,
disclose and allow the disclosure of any information received from the Council or
otherwise relating to this Agreement to:
i.
Any Commonwealth department, Queensland Government department,
agency, authority, or the Minister of any Department;
ii.
Any third person, including any court, tribunal, government committee or other
persons within government, where such disclosure would be permitted or
required by law, or otherwise would be consistent with established government
policies, procedures or protocols or for public accountability purposes to the
extent required in those circumstances
iii. To members of the Queensland public in order to publicise the actions of the
Authority and the government, including creating case studies and promotional
materials.
iv. To parties providing financial and material support to evidence the use of this
financial and material support for the agreed purpose.
6.3. The Council and the Authority will make every reasonable effort to ensure that their
employees, volunteers, agents and subcontractors are aware of and comply with
the obligations in this clause.
7.
Assignment/Novation
7.1. On the cessation of operations of the Authority, either by operation of the
Queensland Reconstruction Authority Act 2011 or by other means, this agreement
will be assigned or novated to another entity as directed by the State.
8.
Variation
8.1. The terms of this agreement can be amended at any time by agreement between
both parties in writing.
8.2. The Approved Projects set out in Schedule 1 can be updated by the Authority as is
necessary.
Funding Agreement for [Council Name]
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Queensland Reconstruction Authority
For assistance in recovery and reconstruction for Queensland Floods and Tropical Cyclones Anthony and Tasha
and damage arising from Severe Tropical Cyclone Yasi
Executed as an Agreement:
SIGNED for and on behalf of
the STATE OF QUEENSLAND acting through the
Queensland Reconstruction Authority.
by
_______________________________
(name)
the
_______________________________
(position)
being duly authorised in this behalf,
this ________day of _______________20___
in the presence of
_____________________________________
(signature of witness)
_____________________________________
(name of witness)
SIGNED for and on behalf
of
_______________________________
(Council Name)
by
_______________________________
(name)
the
_______________________________
(position)
being duly authorised in this behalf,
this ____day of ___________________20___
in the presence of
_____________________________________
(signature of witness)
_____________________________________
(name of witness)
Funding Agreement for [Council Name]
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Queensland Reconstruction Authority
For assistance in recovery and reconstruction for Queensland Floods and Tropical Cyclones Anthony and Tasha and damage arising from Severe Tropical Cyclone Yasi
SCHEDULE 1:
Approved Projects
Funding Source(s)
Project Approved
Description
Cost Estimate
NDRRA
Funding Agreement for [Council Name]
Other
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