FUNDING AGREEMENT Community Environment Grants Program Project: [Insert Project title] Project ID: [Insert Project ID] Commonwealth of Australia as represented by the Department of Sustainability, Environment, Water, Population and Communities ABN 34 190 894 983 (Department) [Insert name of Recipient] [Insert ABN of Recipient] (Recipient) Funding Agreement - Part A - Project Specific Terms and Conditions page 1 PART A – Project specific details 1. How this Agreement works – overview 1.1 Components of this Agreement This Agreement is comprised of: (a) Part A – these Project specific terms and conditions, the execution page and any applicable map; (b) Part B, Version 2.0 – the standard terms and conditions that apply to funding by the Department and which are available at: http://www.nrm.gov.au/funding/environment/ceg/apply.html; and (c) Part C, Version 1.0 – Program specific terms and conditions that apply to the Community Environment Grants Program and which are available at: http://www.nrm.gov.au/funding/environment/ceg/apply.html. 1.2 Defined terms Unless the contrary intention is expressed, capitalised terms in this Part A are defined at the front of either Part B or Part C. 2. Item No. 2.1 Agreement Details Description Department details Clause reference 1 Details Commonwealth of Australia as represented by the Department of Sustainability, Environment, Water, Population and Communities ABN 34 190 894 983 2.2 Department Representative 1 Position: Assistant Secretary, Biodiversity Conservation Division Phone: 1800 552 008 Fax: 02 6274 2735 Email: communityenvironmentgrants@environment.gov.au 2.3 Recipient details 1 [Insert name of Recipient] [Insert ABN of Recipient] 2.4 Recipient Representative 1 Name: [insert name] Position: [insert position] Phone: [insert phone number ] Fax: Email: [insert email] Funding Agreement - Part A - Project Specific Terms and Conditions – Version 1.0 - Community Environment Grants Program LEX 31 page 2 Item No. Description Clause reference 2.5 Site details 23 Details [List the Site location (NRM Region, Target Area, etc) and the latitude and longitude for each Site.] Site 1: Location: [insert] Latitude: [insert latitude] Longitude: [insert longitude] Site 2: Location: [insert] Latitude: [insert latitude] Longitude: [insert longitude] [repeat where required] If applicable, a Map of the Site is provided at Annexure A of this Part A. 2.6 GST 7.3 and 7.5 The Recipient is / is not [delete one] a Government Related Entity. The Recipient is / is not [delete one] registered for GST. 2.7 Exclusion from a perpetual Creative Commons Attribution Licence (CC-BY 3.0) 11.2 None specified. 2.8 Confidential Information 13 Department's Confidential Information: Not applicable Insurance 16 2.9 Recipient's Confidential Information: Not applicable As at the Commencement Date: (a) to the extent required by Law, workers’ compensation insurance in respect of the Recipient’s liability for any loss or claim by a person employed or otherwise engaged, or deemed to be employed or otherwise engaged, by the Recipient in connection with the Project; and (b) public liability insurance covering legal liability (including liability assumed under contract) for loss or damage to property or injury or death to persons arising out of or in connection with carrying out the Project for an insured amount of $5 million per occurrence and not less than $10 million in aggregate. Funding Agreement - Part A - Project Specific Terms and Conditions – Version 1.0 - Community Environment Grants Program LEX 31 page 3 Item No. 2.10 Description Address for notices Clause reference Details 20 Department: Position: Director, Grant Services The Department of Sustainability, Environment, Water, Population and Communities Postal address: GPO Box 787, Canberra, ACT, 2601 Physical address: Level 1, Lovett Tower, Woden, ACT, 2606 Facsimile: 02 6274 2735 Email: communityenvironmentgrants@environment.gov.au Recipient: Name: [insert name] Position: [insert position] Postal address: [insert postal address] Physical address: Not provided Email: 3. Project 3.1 Project title [insert email] [Insert Project title as stated on the cover page.] 3.2 Project ID [Insert a Project ID.] 3.3 Project description [Insert a description of the Project including the intended impact of the Project and how it relates to the Program Outcome. The impact occurs as a result of achieving the Project Outcomes. Please identify if the Project is a Small Project – that is, the Recipient is receiving less than $20,000 (GST inclusive) for the Project.] 3.4 Project Outcomes [Insert a description of the overall result that the Project is expected to deliver. E.g. “Establish and manage X hectares of mixed native species plantings at [insert location]”. The Project Outcomes should be attainable (i.e. within the direct influence of the Recipient) and expressed in a measurable way.] 3.5 Project Activities [Insert a list and high level description of activities essential to the achievement of the Project Outcomes without which this Project would most likely not have been granted the Funds. These activities should be of such significance that non-delivery may result in the Department terminating this Agreement or requiring the repayment of Funds.] Funding Agreement - Part A - Project Specific Terms and Conditions – Version 1.0 - Community Environment Grants Program LEX 31 page 4 3.6 Additional requirements None specified. 4. Project Period The Project Period commences on the Commencement Date and ends no later than 18 months after the Commencement Date. 5. Funds 5.1 Maximum amount of Funds The maximum amount of approved Funds payable by the Department under this Agreement will be $[insert total Funds (ex GST)] (exclusive of GST). 5.2 Payment The Funds will, subject to clause 6.1, be paid within 30 days of each payment Milestone date specified in the Milestone Schedule. 6. Milestone Schedule No. Milestone 1. Signing of this Agreement by the Department 2. 3. 4. 5. 6. Delivery of draft Project MERI Plan and Project Budget to the Department (Small Projects excepted) Approval of Project MERI Plan by the Department (Small Projects excepted) Milestone date (the Milestone must be completed on or before this date) Instalment amount (excluding GST) Commencement Date [Insert amount] Within 30 days of execution of the contract Not applicable Within 30 Business days of submission by the Recipient Not applicable Delivery of progress report to the Department Within 30 Business Days after 31 January 2014 Not applicable Acceptance of progress report by the Department The date the Department notifies the Recipient the progress report has been accepted by the Department Not applicable Delivery of final report and financial report to the Department as specified in clauses 35.3(b) and 35.4 Within 40 Business Days after the end of the Project Period or the earlier termination of this Agreement Not applicable TOTAL (GST exclusive) [Insert total amount identical to Item 5.1] Funding Agreement - Part A - Project Specific Terms and Conditions – Version 1.0 - Community Environment Grants Program LEX 31 page 5 7. Recipient Contributions and Other Contributions No Recipient Contributions or Other Contributions are payable. 8. Project Budget 8.1 Funds granted/contributed Payer Amount (GST exclusive) Department $[insert amount] Recipient Contributions Not applicable Other Contributions Not applicable TOTAL (GST exclusive) $[Insert total amount identical to Item 5.1] 8.2 Planned expenditure Use by date Expenditure item Amount (GST exclusive) [insert date] Community Skills, Knowledge and Engagement [insert full grant amount] TOTAL (GST exclusive) [Insert total amount identical to Item 5.1] Funding Agreement - Part A - Project Specific Terms and Conditions – Version 1.0 - Community Environment Grants Program LEX 31 page 6 Execution page EXECUTED as an agreement DEPARTMENT SIGNATURE BLOCK SIGNED for and on behalf of the Commonwealth of Australia as represented by the Department of Sustainability, Environment, Water, Population and Communities ABN 34 190 894 983 by a duly authorised representative Name of authorised representative (print) Name of witness (print) Signature of authorised representative Signature of witness Date Date RECIPIENT SIGNATURE BLOCK Note: Select and complete the appropriate execution block for the legal entity you are contracting with from the list below and delete the rest. Each Agreement should be sent out to the successful applicant with the appropriate signature block already selected and all others deleted. Where an entity is signing as a trustee of a trust, contact the Legal Section for the appropriate execution clause. [For an individual] SIGNED by [insert name of individual (i.e. Joe Bloggs)] in the presence of Signature Signature of witness Date Name of witness (print) Date Funding Agreement - Part A - Project Specific Terms and Conditions page 7 [For a company with multiple directors] SIGNED by [insert name of company and ABN (i.e. Smith Plantings Pty Ltd ABN 12 123 123 123)] in accordance with section 127 of the Corporations Act 2001 (Cth) by Name of Director (print) Name of Director / Company Secretary (print) Signature of Director Signature of Director / Company Secretary Date Date [For a company with a sole director] SIGNED by [insert name of company and ABN (i.e. Smith Plantings Pty Ltd ABN 12 123 123 123)] in accordance with section 127 of the Corporations Act 2001 (Cth) by Name of Sole Director / Company Secretary (print) Name of witness (print) Signature of Sole Director / Company Secretary Signature of witness Date Date Funding Agreement - Part A - Project Specific Terms and Conditions – Version 1.0 - Community Environment Grants Program LEX 31 page 8 [For a partnership or an association of more than several (i.e. 2-3) partners / members] SIGNED for and on behalf of [insert name of entity and ABN (i.e. Smith and Sons ABN 12 123 123 123)] by a duly authorised representative who warrants that they have the authority to sign this Agreement on behalf of [insert name of entity (i.e. Smith and Sons)] in the presence of: Name of authorised representative (print) Name of witness (print) Signature of authorised representative Signature of witness Date Date Funding Agreement - Part A - Project Specific Terms and Conditions – Version 1.0 - Community Environment Grants Program LEX 31 page 9 [For a partnership of several (i.e. 2-3) individuals] SIGNED for and on behalf of [insert name of partnership and ABN (i.e. Alan J Smith and Mary J Smith ABN 12 123 123 123)] by: [insert name of partner i.e. Alan J Smith] in the presence of Signature Signature of witness Date Name of witness (print) Date [insert name of partner i.e. Mary J Smith] in the presence of Signature Signature of witness Date Name of witness (print) Date Funding Agreement - Part A - Project Specific Terms and Conditions – Version 1.0 - Community Environment Grants Program LEX 31 page 10 Annexure A – Map Note: Where a map is to be included, attach here. Otherwise, delete this Annexure. Funding Agreement - Part A - Project Specific Terms and Conditions – Version 1.0 - Community Environment Grants Program LEX 31 page 11