FUNDING AGREEMENT
Caring for our Country:
Target Area Grants 20132014
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 – Caring for our Country Target Area Grants: 2013-2014
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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 1.0 – the standard terms and conditions that apply to funding by
the Department, available at www.nrm.gov.au; and
(c) Part C, Version 1.0 – Program specific terms and conditions that apply to the
Caring for our Country Target Area Grants: 2013-2014, available at
www.nrm.gov.au.
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: [insert title]
Phone: [insert phone number]
Fax: [insert facsimile number]
Email: [insert email]
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: [insert facsimile number]
Email: [insert email]
2.5
Site details
23
Note: Please select one of the following Options
depending on whether the location of Sites for the
Project are known and how many there will be.
[Option 1: for Projects with 5 Sites or less, list the
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Item
No.
Description
Clause
reference
Details
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(s) is provided at
Annexure A of this Part A.
[Option 2: for Projects with more than 5 Sites, list
the Site location (NRM Region, Target Area, etc)
and the latitude and longitude for each Site in
Annexure B.]
A Map of the Site(s) is provided at Annexure A of this
Part A.
A list of all Sites is provided at Annexure B of this Part
A.
[Option 3: for Projects relating to areas in which
the specific Site is not yet known but it is
expected that these Sites would fall within a
nominated area.]
General area in which sites will be located:
Location: [insert]
Latitude: [insert latitude]
Longitude: [insert longitude]
Once determined, the location of sites will be added
to the Project MERI Plan.
2.6
GST
7.3 and
7.5
Note: If you are not sure whether the Recipient is
a Government Related Entity please contact the
Legal Section. If you are unsure if the Recipient is
registered for GST, please contact the Finance
Section.
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
11.2
Note: The Recipient is required to make all Project
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Item
No.
Description
Clause
reference
Details
Material (which includes Third Party Material)
perpetually available under a Creative Commons
Attribution Licence (which allows third parties to
distribute, amend etc provided the author is
credited for the original creation), except for the
Project Material specified below. For example, if
there are no exceptions to this requirement, select
Option 2 below and delete Option 1.
perpetual
Creative
Commons
Attribution
Licence (CC-BY
3.0)
[Option 1]
Clause 11.2(a) does not apply to the following Project
Material: [insert description].
[Option 2]
None specified.
2.8
Confidential
Information
13
Department's Confidential Information: [Department
to insert any confidential information of the
Department, otherwise insert ‘Not applicable’.]
Recipient's Confidential Information: [insert any
confidential information described by the
Recipient and that the Department agrees should
be considered confidential, otherwise insert ‘Not
applicable’.]
2.9
Insurance
16
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 $10 million per occurrence and not less
than $20 million in aggregate.
Note: The insurance amounts above may be
subject to some negotiation with individual
recipients for certain high/low risk projects. A risk
assessment process must be undertaken for
Projects over $10 million in value, and the
required insured amount should be at or above
the Project’s value.
2.10
Address for
20
Department:
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Item
No.
Description
Clause
reference
notices
Details
Position: [insert title]
The Department of Sustainability, Environment,
Water, Population and Communities
Postal address: GPO Box 787, Canberra, ACT, 2601
Physical address: John Gorton Building, King Edward
Terrace, Parkes, ACT, 2600
Fax: [insert facsimile number]
Email: [insert email]
Recipient:
Name: [insert name]
Position: [insert position]
Postal address: [insert postal address]
Physical address: [insert physical address]
Fax: [insert facsimile number]
Email: [insert email]
3.
Project
3.1
Project title
[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.]
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.]
3.6
Additional requirements
[Insert other requirements that apply specifically to this project and are not
already covered elsewhere in Part A, Part B or Part C of this Agreement, such
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as requirements for Projects that will undertake construction or will involve
working with vulnerable persons such as children or disadvantaged persons.
All insertions here must be reviewed and cleared by the Legal Section.
Otherwise state “None specified.”]
4.
Project Period
The Project Period commences on the Commencement Date and ends no later
than [insert Project Period end 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.
5.3
Annual allocation of Funds
Annual allocation of Funds (GST exclusive)
Department
Funds
2013/14
2014/15
2015/16
2016/17
2017/18
[Insert
amount]
[Insert
amount]
[Insert
amount]
[Insert
amount]
[Insert
amount]
TOTAL (GST exclusive) [Insert amount]
6.
Milestone Schedule
No.
Milestone
Milestone date (the
Milestone must be
completed on or before
this date)
Instalment
amount
(excluding GST)
1
Signing of Agreement
by the Department
Commencement Date
[Insert amount (if
any)]
2
Delivery of draft Project
MERI Plan and
confirmed Project
Budget to the
Department
[Insert date]
Not applicable
3
Approval of Project
MERI Plan and Project
Budget by the
Department
[Insert date]
[Insert amount (if
any)]
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No.
4
5
Milestone
Milestone date (the
Milestone must be
completed on or before
this date)
Instalment
amount
(excluding GST)
Delivery of the midyear / end-of-year
[delete one] progress
report for the [insert
financial year]
financial year to the
Department as
specified in clause 35.4
[Choose one of the two
Options below and
delete the other.]
Not applicable
[Note: Repeat this
Milestone TWICE
every year: once for
the mid-year
progress report and
once for the end-ofyear progress report]
[Option 2: for delivery of
the end-of-year progress
report]
Acceptance of the midyear / end-of-year
[delete one] progress
report for the [insert
financial year]
financial year by the
Department
[Choose one of the two
Options below and
delete the other.]
[Note: Repeat this
Milestone TWICE
every year.]
[Option 1: for delivery of
the mid-year progress
report]
1 February [insert year]
1 August [insert year]
[Insert amount (if
any)]
[Option 1: for
acceptance of the midyear progress report]
15 February [insert year]
[Option 2: for
acceptance of the endof-year progress report]
15 August [insert year]
6
Delivery of pre-end-offinancial-year project
status as at 31 May
[insert year] to the
Department as
specified in clause 35.3
15 June [insert year]
Not applicable
[Note: Repeat this
Milestone ONCE
every year.]
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No.
7
Milestone
Milestone date (the
Milestone must be
completed on or before
this date)
Instalment
amount
(excluding GST)
Delivery of the financial
report for the [insert
financial year]
financial year to the
Department as
specified in clause 35.5
1 September [insert year]
Not applicable
15 September [insert
year]
[Insert amount (if
any)]
Within 40 Business Days
after the end of the Project
Period or the earlier
termination of this
Agreement
Not applicable
[Note: Repeat this
Milestone ONCE
every year.]
8
Acceptance of the
financial report for the
[insert financial year]
financial year by the
Department
[Note: Repeat this
Milestone ONCE
every year.]
9
Delivery of the final
report and the financial
report to the
Department as
specified in clauses
35.4 and 35.5
TOTAL
7.
[Insert total
amount]
Recipient Contributions and Other Contributions
(a)
The total amount of the Recipient’s Contributions and / or Other Contributions
is $[insert amount] (exclusive of GST) and must be paid in accordance with
the Project Budget.
(b)
The types and amounts of the Recipient's Contributions and the sources,
types and amounts of the Other Contributions must be fully set out in the
Project Budget. [Note: If there will not be a Project Budget, this
information should be included here along with the due dates for each
payment.]
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8.
Project Budget
[Note: This Project Budget will be heavily tailored to each Project, and some
Projects may not require a Project Budget, depending on payment schedules.
The below example contains the minimum amount of information required by
Part C to be included in a Project Budget, if any.]
8.1
8.2
Funds granted/contributed
Payer
Amount (GST exclusive)
Department
[insert amount]
Recipient Contributions
[insert amount, or “$0”]
Other Contributions from [insert name of
contributing entity or “No Other
Contributions”]
[insert amount, or “$0”]
TOTAL (GST exclusive)
[insert total]
Planned expenditure
[Note: Please list the expenditure items and amounts for each item. The total
amount should add up to the sum of the Funds, Recipient Contributions, and
any Other Contributions.]
Use by date
Expenditure item
Amount (GST exclusive)
[insert date]
Monitoring and reporting
activities
[insert amount approved by the
Department, or “$0”]
[insert date]
Project administration
[insert amount approved by the
Department, or “$0”]
[insert date]
[Insert expenditure item]
[insert amount used for this
item, or “$0”]
[insert date]
[Insert expenditure item]
[insert amount used for this
item, or “$0”]
[insert date]
[Insert expenditure item]
[insert amount used for this
item, or “$0”]
[etc.]
[etc.]
[etc.]
TOTAL (GST exclusive) [insert total]
8.3
Assets (if any)
Date approved by
Department
Date of expected
acquisition
Description of Asset
Value
[insert date]
[insert date]
[Insert description,
including technical
specifications (if
any) and other
identifying
Up to [insert
maximum
purchase
price]
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Date approved by
Department
Date of expected
acquisition
Description of Asset
Value
information]
[etc.]
[etc.]
[etc.]
[etc.]
TOTAL (GST exclusive) [insert total]
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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
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[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
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[For a partnership or an association of more than several (i.e. 2-3) partners / members
or an NRM organisation or State agency]
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
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[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
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Annexure A – Map
Note: Where a map is to be included, attach here. Otherwise, delete this Annexure.
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Annexure B – Site details
Note:
1. Where details of all Sites are fully included in Item 2.5, delete this Annexure.
2. Where a map is NOT to be included but Site details ARE to be included:
- delete Annexure A;
- rename this as Annexure A; and
- correct the references to Annexures in Item 2.5 accordingly.
Site
Location
Latitude
Longitude
Map included?
Site 1
[insert site location e.g. NRM Region, Target Area etc]
[insert latitude]
[insert longitude]
[insert yes/no]
Site 2
[insert site location e.g. NRM Region, Target Area etc]
[insert latitude]
[insert longitude]
[insert yes/no]
[etc]
[etc]
[etc]
[etc]
[etc]
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