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, BRISBANEQLD4000 / [insert Local Government name]
(‘the Council’)
of [insert registered address]

BACKGROUND

  1. 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.
  2. The Council is seeking to apply for recovery and/or reconstruction assistance being provided, managed or coordinated by the Authority.
  3. This agreement provides the terms and conditions on which assistance will be provided, managed and coordinated through the Authority.
  4. 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
  2. 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.
  3. 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.
  4. DEFINITIONS, INTERPRETATION AND SCOPE
  5. Definitions

In this agreement, unless the context indicates otherwise:

  1. 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.
  2. 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.
  3. Eligible Expenditure means expenditure on projects approved by the Authority for funding and other assistance for restoration and reconstruction projects. 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.
  4. NDRRA means the Natural Disaster Relief and Recovery Arrangements.
  5. NPA means the National Partnerships Agreement for Natural Disaster Reconstruction and Recovery.
  1. TERM OF AGREEMENT
  2. 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. 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
  5. Obligations
  6. The Council acknowledges that receipt and retainment of any Approved Funds is conditional upon the Council:
  1. expendingthe Approved Funds on the Approved Project(s) as identified in Schedule 1.
  1. complying with all clauses of this agreement.
  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.
  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. The Council must complete the Approved Projects as identified in Schedule 1.
  5. The Council acknowledges that funding and expenditure related to each Approved Project must be treated separately.
  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.
  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.
  8. Any variation to an Approved Project must be approved in writing by the Authority prior to that variation being effected.
  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.
  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.
  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.
  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.
  1. Submissions
  2. The Council should make submissions for assistance in the form requested by the Authority.
  3. 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. The Authority reserves the right to approve a project or payment on a conditional basis.
  5. Value for Money
  6. 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.
  7. 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.
  8. Funding
  9. 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.
  10. On receipt and approval of a properly completed submission the Authority will make available funding to Council and identify the source of funding.
  11. 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.
  12. Reporting
  13. 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.
  14. Access to premises, records and financial accountability
  15. 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:
  1. 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.
  1. Request access to the employees, contractors and advisors of the Council.
  2. Request information on, and access to, processes and procedures used by the Council.
  3. where necessary, request access the premises of the Council and project sites.
  4. The Council will not unreasonably deny any request made in accordance with clause 4.6.1.
  1. Financial Acquittal
  2. The Council will provide the Authority with financial statements confirming expenditure and other financial information relating to the Approved Projects.
  3. 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. On completion of an Approved Project the Council will provide the Authority with an acquittal confirming actual expenditure on the Approved Project.
  5. Acknowledgement of Source of Funding
  6. 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.
  7. All joint publicity is to be approved by the Authority in advance.
  1. Dispute resolution
  2. Either the Authority or Council may give notice to the other of a dispute under this Agreement.
  3. Officials of the Authority and Council will attempt to resolve any dispute in the first instance.
  4. 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.
  5. Confidentiality
  6. The Council shall not disclose Confidential Information belonging to the Authority except where:
  1. It has obtained the Authority’s prior written approval, which shall not be unreasonably withheld; or
  1. Disclosure is made in compliance with a lawful requirement and the Council advises the Authority of the information provided.
  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:
  1. Any Commonwealth department, Queensland Government department, agency, authority, or the Minister of any Department;
  1. 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
  2. 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.
  3. To parties providing financial and material support to evidence the use of this financial and material support for the agreed purpose.
  4. 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.
  1. Assignment/Novation
  2. 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.
  3. Variation
  4. The terms of this agreement can be amended at any time by agreement between both parties in writing.
  5. The Approved Projects set out in Schedule 1 can be updated by the Authority as is necessary.

Executed as an Agreement:

SIGNED for and on behalf of )

the STATE OF QUEENSLAND acting through the )

Queensland Reconstruction Authority.)

)

by______) ______

(name))(signature)

)

)

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))(signature)

)

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]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

SCHEDULE 1:Approved Projects

Project Approved / Description / Cost Estimate / Funding Source(s)
NDRRA / Other

Funding Agreement for [Council Name]Page 1 of 7