Caring for our Country: Target Area Grants 2013-2014
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)
PART A– Projectspecific details
1.How this Agreement works – overview
1.1Components 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 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
1.2Defined terms
Unless the contrary intention is expressed, capitalised terms in this Part A are defined at the front of either Part B orPart C.
2.Agreement Details
Item No. / Description / Clause reference / Details2.1 / Department details / 1 / 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 5Sites or less, 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(s) is provided at Annexure A of this Part A.
[Option 2: for Projects with more than5Sites, 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 belocated:
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 perpetual Creative Commons Attribution Licence (CC-BY 3.0) / 11.2 / Note: The Recipient is required to make all Project 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.
[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 $10million per occurrence and not less than $20million 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 notices / 20 / Department:
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
3.1Project title
[Insert Project title as stated on the cover page.]
3.2Project ID
[Insert a Project ID.]
3.3Project 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.]
3.4Project 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.]
3.5Project Activities
[Insert a list and high leveldescription 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.]
3.6Additional 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 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
5.1Maximum 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).
5.2Payment
The Funds will, subject to clause 6.1, be paid within 30 days of each payment Milestone date specified in the Milestone Schedule.
5.3Annual allocation of Funds
Annual allocation of Funds (GST exclusive)2013/14 / 2014/15 / 2015/16 / 2016/17 / 2017/18
Department Funds / [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 / Approvalof Project MERI Plan and Project Budget by the Department / [Insert date] / [Insert amount (if any)]
4 / Delivery of the mid-year/end-of-year [delete one] progressreportfor the [insert financial year] financial year to the Department as specified in clause 35.4
[Note: Repeat this Milestone TWICE every year: once for the mid-year progress report and once for the end-of-year progress report] / [Choose one of the two Options below and delete the other.]
[Option 1: for delivery of the mid-year progress report]
1 February [insert year]
[Option 2: for delivery of the end-of-year progress report]
1 August [insert year] / Not applicable
5 / Acceptance of the mid-year/end-of-year [delete one] progressreportfor the [insert financial year] financial year by the Department
[Note: Repeat this MilestoneTWICE every year.] / [Choose one of the two Options below and delete the other.]
[Option 1: for acceptance of the mid-year progress report]
15 February [insert year]
[Option 2: for acceptance of the end-of-year progress report]
15 August [insert year] / [Insert amount (if any)]
6 / Delivery of pre-end-of-financial-year project status as at 31 May [insert year]to the Department as specified in clause 35.3
[Note: Repeat this Milestone ONCEevery year.] / 15 June [insert year] / Not applicable
7 / Delivery of the financial reportfor the [insert financial year] financial year to the Department as specified in clause 35.5
[Note: Repeat this Milestone ONCE every year.] / 1 September [insert year] / Not applicable
8 / Acceptance of the financial report for the [insert financial year] financial year by the Department
[Note: Repeat this Milestone ONCE every year.] / 15 September [insert year] / [Insert amount (if any)]
9 / Delivery of the final report and the financial report to the Department as specified in clauses 35.4 and 35.5 / Within 40 Business Days after the end of the Project Period or the earlier termination of this Agreement / Not applicable
TOTAL / [Insert total amount]
7.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 amountsof the Recipient's Contributions and the sources, types and amountsof 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.]
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.]
8.1Funds 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]
8.2Planned 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]
8.3Assets (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 information] / Up to [insert maximum purchase price]
[etc.] / [etc.] / [etc.] / [etc.]
TOTAL (GST exclusive) / [insert total]
Funding Agreement - Part A - Project Specific Terms and Conditions – Caring for our Country Target Area Grants: 2013-2014page 1
LEX ID 574
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 representativeName 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 ofSignature / Signature of witness
Date / Name of witness (print)
Date
[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) byName 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) byName of Sole Director / Company Secretary (print) / Name of witness (print)
Signature of Sole Director / Company Secretary / Signature of witness
Date / Date
[For a partnership or an association of more than several (i.e. 2-3) partners / membersor 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 ofentity (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
[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 ofSignature / Signature of witness
Date / Name of witness (print)
Date
[insert name of partner i.e. Mary J Smith]
in the presence ofSignature / Signature of witness
Date / Name of witness (print)
Date
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 – Caring for our Country Target Area Grants: 2013-2014page 1
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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]
Funding Agreement - Part A - Project Specific Terms and Conditions – Caring for our Country Target Area Grants: 2013-2014page 1
LEX ID 574