Mainstreets Development Program

Mainstreets Development Program

FUNDING AGREEMENT

Conditions of Funding for Eligible Associations by the Corporation of the City of Adelaide

AGREEMENT dated this day of 2015

BETWEEN

THE CORPORATION OF THE CITY OF ADELAIDE of 25 Pirie Street, Adelaide (“Council”)

AND

THE INCORPORATED ASSOCIATION WHOSE NAME AND ADDRESS IS SET OUT IN SCHEDULE 1 OF THIS AGREEMENT (“Association”)

AGREEMENT

This agreement will override any previous discussions or correspondence between the Council and your Association that is inconsistent with this agreement. All appendices to this agreement form part of the agreement.

The Association agrees that it will comply with and observe the following terms and conditions for receiving funds, as outlined in Schedule 1 of this agreement, from the Council pursuant to its Mainstreets Development Program.

1. OBJECTIVES

1.1 The objective of the Mainstreets Development Program is to enable eligible groups to deliver activities that align with Council’s Strategic Outcome 5 Prosperous City as outlined in The City of Adelaide Strategic Plan 2012-16.

1.2 The Mainstreets Development Program provides each eligible group with funding to deliver a specific range of activities as outlined in point 8.2. of the Mainstreets Development Program Operating Guidelines (Schedule 1 Attachment).

1. TERM OF AGREEMENT

This agreement commences on the commencement date within Schedule 1 and will be completed on the completion date within Schedule 1.

1. ASSOCIATION RULES

During the term in which the Association receives funds from the Council which are defined as having been provided under the Mainstreets Development Program the Association will:

3.1 Establish/Abide by the Association’s constitution which will govern the Association’s activities while participating in the Mainstreets Development Program;

3.2 Notify Council in writing if the Association amends its constitution so as to vary its objectives; and

3.3 At all times have a clause within its Rules which states clearly, and to the satisfaction of the Council, that in the event of the winding up of the Association those unspent funds will be returned to the Council within two weeks of the winding up of the Association.

1. ACCOUNTABILITY

4.1 The Association acknowledges having read the Council’s document “Mainstreets Development Program – Operating Guidelines” (“Guidelines”) which are located in Appendix 1 of this agreement and agrees to comply with the requirements of these guidelines.

4.2 The Association acknowledges all reporting requirements within the guidelines and agrees that the Council may amend the requirements within the guidelines from time to time.

4.3 The Council agrees to notify the Association of any amendments to the guidelines within 14 days of the amendments being endorsed by Council.

1. ADHERENCE TO ACTIVITY STATEMENT

5.1 The Association is required to submit to the Council a completed annual activity plan outlining its intentions for use of funding.

5.2 The Association will take all measures reasonably necessary to ensure that it complies with the completion of the activity statement and any subsequent activities approved by the Council in later stages of the Mainstreets Development Program.

6.FUNDING

6.1Each Association may receive up to $25,000 (exclusive of GST) in 2015/16 financial year.

6.2Associationsare required to expend funding allocated through the MainstreetsDevelopment Program on activities identified by the Association through their ‘Activity Plan’ by the completion date indicated in Schedule 1.

6.3An independent audit of the financial statements and records of the previous financial year is to be presented to Council’s City Growth and Investment Program in order to receive the 2015/16 financial year funding.

6.4Associations are required to provide required funding documentation. Failure to do so will result in the Association becoming ineligible for the Mainstreets Development Program Funding in 2015/16 financial year.

7. WAIVER AND RELEASE

7.1The Association waives any rights it may now or in the future have to claim damages or compensation from the Council for any reason arising out of this agreement or any other part of the Mainstreets Development Program and releases the Council from any present or future liability to pay damages or compensation.

7.2Clause 7.1 includes but is not limited to,damage or compensation for loss or damage to property or economic loss caused in whole or in part by reliance on a statement of the Council or of any employee, agent or contractor of the Council which is wilfully or negligently incorrect.

8.INDEMNITY

The Association agrees to indemnity and keep indemnified the Council at all times from any and all liability, suits, actions, claims, proceedings costs (including legal fees on a solicitor client basis), losses and expenses directly or indirectly incurred, suffered or expended by the Council:

8.1as a consequence of any breach by the Association of any provision of this agreement;

8.2in respect of any injury, loss or damage to property, real or personal owned by any person including the Council, where the injury, loss or damage arises out of the conduct of the Event and is due to any action, negligence, omission, default or breach of law by the Association, it’s servants, agents, invitees, licensees, contractors or sub contractors; and

8.3arising under any statute or at common law in respect of personal injury to, or death of, any person where the injury or death arises from the conduct of the Association and is due to the negligence, omission, default or breach of statue by the Association, it’s servants, agents, invitees, licensees, contractors or sub contractors.

9.INSURANCE

9.1The Association shall effect and keep effected for the term of this Agreement policies of insurance against risk to the public, Associations Liability and any other policy of insurance that may be deemed appropriate by the Council, for example Personal Accident (volunteer workers) if applicable.

9.2 Each policy must not be less than the indemnity levels highlighted in Schedule 1 of this agreement.

9.3 The Association must produce on request from the Council, certificates of currency noting the interests of the Council and providing indemnity to the Association, in accordance with the policy terms and conditions, in respect of all sums for which they are legally liable to pay.

10. WORK COVER

TheAssociation acknowledges and agrees that:

10.1there is no contract of any nature in existence pursuant to this Agreement or otherwise between the Council and any person employed or engaged by theAssociation for the purposes of this Agreement;

10.2theAssociation is liable for all remuneration, claims and other entitlements payable to its servants, agents, employees and contractors;

10.3theAssociation is responsible for complying with all legislative requirements in respect of its servants agents employees and contractors including the Income Assessment Act 1936 (Commonwealth) and the Council is not required to make PAYE deductions from any amount payable under this Agreement; and

10.4if any of theAssociations servants, agents employees or contractors employed or engaged by theAssociation for the purposes of this Agreement is a worker within the meaning of the Workers Rehabilitation and Compensation Act 1986, then theAssociation shall comply with all the requirements of an employer under the said Act arising out of or in conjunction with this Agreement.

If the Association does not employ any staff as outlined above, clause 10.4 is not applicable.

11.RELATIONSHIP BETWEEN THE PARTIES

11.1 The Association and the Council acknowledge and agree that the relationship between them shall be that of independent and that nothing in this Agreement constitutes any relationship of employer and employee, principal and agent, or partnership, between the parties.

11.2 The Association shall not have any authority to act for or to incur any liability or obligation on behalf of Council in any manner whatsoever except with the express approval by notice in writing of the Council.

12.REPAYMENT IN THE EVENT OF BREACH OF AGREEMENT

12.112.1 If the Association is at any time in breach of these Conditions then the Council may give written notice (“Notice of Breach”) to the Association specifying the nature of the breach and a date for its rectification;

12.2 If the breach is not rectified by the date specified in the Notice of Breach (or, if no date is specified, then by the day which is 7 days after the Notice of Breach is given) then the Council may give another notice to the Association (“Repayment Notice”) demanding the repayment of some or all of the Mainstreets Development Program funds paid by the Council to the Association. Immediately upon receiving a Repayment Notice the Association must pay the Council the full amount specified in the Repayment Notice without setoff or deduction of any kind;

12.3Failure by the Council to take immediate action in relation to a breach of these Conditions by the Association does not later prevent the Council from taking action in relation to the same or a similar breach.

13.SOLVENCY OF THE ASSOCIATION

13.1The Council will not make any payment under the Mainstreets Development Program to the Association if in the Council’s reasonable opinion the Association is not at the date of such payment solvent. The Association will provide all necessary information requested by the Council to enable the Council to form an opinion upon the solvency of the Association.

13.2 The Association warrants that it will not accept payment of any funds from the Council under the Mainstreets Development Program unless the members of the governing body of the Association are on the date of such payment satisfied that the Association is solvent. If requested by the Council, the Association will provide confirmation in writing by each member of its governing body of the Association’s solvency as a condition of receiving any funding under the Mainstreets Development Program.

14.GOVERNING LAW

This Agreement and all disputes arising out of it is governed by the law of South Australia and the parties submit to the jurisdiction of the Courts of that State.

15.HEADINGS

Headings have been inserted for guidance only and do not form part of this Agreement.

EXECUTED as an Agreement.

Date of Agreement: ……………………………………

SIGNED for and on behalf of )

THECORPORATIONOF)______

THECITYOF ADELAIDE)Program Manager

City Growth and Investment Program

SIGNEDfor and on behalf of the)

SUPPLIER by its duly authorised)______

representative in the presence of:)Signature

______

Print name

______

Witness

______

Print name

SCHEDULE 1

ASSOCIATION NAME:______

ASSOCIATION ADDRESS:______
______
CONTACT PERSON:______

CONTACT NUMBER:______

TERM OF AGREEMENT

COMMENCEMENT DATE:this agreement commences on the date of agreement as stated within the signing clauses
COMPLETION DATE:30 June 2016

MINIMUM INSURANCE INDEMNITY LEVELS

PUBLIC LIABILITY$10,000,000

ASSOCIATIONS LIABILITY $2,000,000

Associations are strongly encouraged to secure Personal Accident Insurance cover for volunteer workers.

Appendix 1

Mainstreets Development Program

Operating Guidelines 2015-16

1. Definitions

1.1“Mainstreet” means a street or street section that contains mixed-uses (such as shops, services, offices, cafes, restaurants, bars, cinemas, open spaces, etc) that enable social interaction and attract customers from the local and wider community.

1.2“Mainstreet District” means the Mainstreet together with side streets, laneways and appropriate streets in the vicinity that identify with the Mainstreet i.e. contribute to and benefit from it.

1.3“Economic Outcomes” means outcomes that contribute to increases in the economic prosperity of the local area, reflected in:

1.3.1Appropriate business mix and diverse offerings characteristic to the local area

1.3.2Increased business sustainability through increased revenue and profits

1.3.3Fewer vacant premises

1.3.4Increased number of people employed in the area

1.3.5Increased number of people visiting the area

1.3.6Increased spending in the mainstreet

1.3.7 Increased property values and rents

1. Introduction

2.1Adelaide City Council (Council) manages the Mainstreets Development Program, to assist local Precinct Groups endorsed by Council to engage with the business and resident communities to generate economic outcomes for their respective Mainstreet Districts.

2.2Precinct Groups are independent Incorporated Associations and are assessed annually for funding from Council under the Mainstreets Development Program to deliver on activities as specified in these Operating Guidelines.

1. Strategic Context

3.1 The Mainstreets Development Programsupports “Outcome 5: Prosperous City” of The City of Adelaide Strategic Plan 2012-16

4.Objectives

4.1The objective of the Mainstreets Development Program is to provide funding to support activities that deliver economic outcomes in Mainstreet Districts. Eligible activities are described further in paragraph 9.2.

5.Funding

5.1.Funding is determined annually through the Council Business Plan and Budget processes.

5.2.Precinct Groups are also eligible to apply for further project-specific funding from Council’s Sponsorship and Grants Scheme, as well as any other relevant State and Federal funding sources.

6.Eligibility

6.1To be eligible to participate in the Program and apply for funding, a Precinct Group shall:

6.1.1be incorporated as an Association working under a current Constitution a copy of which is to be provided to Council; and

6.1.2conduct its activities in accordance with these operating guidelines and requirements.

6.2 To receive the Program funding, eligible Precinct Groups will need to submit the following documentation:

6.2.1.An invoice for the amount of funding required stating ABN.Precinct Groups must supply their ABN or state otherwise if they are not registered for GST when invoicing for funding. Groups which are registered must provide a properly constituted GST Invoice.

6.2.2.An audited financial statement of profit and loss for the previous financial year.

6.2.3.Evidence that the Precinct Group has expended Council’s financial support for the previous year in a manner consistent with the activity plan for that year.

6.2.4.A self-evaluation report of how expenditure against planned activities achieved outcomes for the local area.

6.2.5.A list of financial members in the year being acquitted.

6.2.6.An activity plan for the coming year which specifies how the funding will be used.

6.2.7.Any unspent money will be returned to the Mainstreets Development Program only when the Group ceases to operate.

7.Support

7.1.Council Administration will assist each Precinct Group to develop an annual activity plan, which will set out objectives and activities planned for the financial year, and provide other business development assistance and training opportunities.

7.2.A Council officer will be appointed to facilitate consistent communication with the precinct groups and assist with transition to the Mainstreets Development Program. The officer is not responsible for administrative tasks within Precinct Groups, given that they are independent, self-governed Incorporated Associations.

1. Legal Requirements and Insurance

8.1.Any relevant legal requirements, where applicable, will have precedence over these guidelines.

8.2.All Associations are required to arrange appropriate insurances for their activities, including Public Liability and Associations’ Liability coverage, within 7 days of receipt of monies.

1. Activities eligible for funding

9.1.Funding is provided to enable funded groups to develop and undertake activities that add to the economic prosperity of Mainstreet Districts that align to their geographic areas.

9.2.Examples of funded activities include but are not limited to:

9.2.1Marketing and promotion of the mainstreet(s) including social media

9.2.2Activation of places within the targeted boundaries including small scale events and markets

9.2.3Business attraction and support initiatives e.g. temporary activation of vacant premises, increase of outdoor dining options, shopfront improvements, business wayfinding initiatives etc.

9.2.4Networking events

9.2.5Training workshops

9.2.6Participation in local area public realm audits for improvement

9.2.7Activities that build on local area’s economic, social, environmental and cultural assets which positively impact on the mainstreet’s economic prosperity

9.2.8Contribution to local knowledge i.e. business surveys and research including engagement of consultants, surveys of stakeholders, door knocking, and collection of postcodes and data records

9.2.9Assistance with development of the mainstreet’s identity and brand

9.2.10Referrals of local stakeholders to appropriate support

9.2.11Activities that result in increased attractiveness of the street

9.2.12Activities that encourage increased visitation and spending in the mainstreet.

9.2.13Leveraging funding from this Program with other Council or external funding to achieve better outcomes for the street

9.2.14Identifying and advising Council of parking solutions to meet diverse needs of customers, visitors, workers and residents

10.Restrictions and Limitations

10.1.Precinct Groups are legal entities independent of Council. Council is not responsible in any way for the activities of the groups, or their governance or management.

10.2.Precinct Groups eligible for support under the guidelines are:

10.2.1Adelaide West End Association

10.2.2City South Association

10.2.3East End Coordination Group

10.2.4Gouger Street Traders Association

10.2.5Grote Business Precinct

10.2.6Hutt Street Precinct Association

10.2.7North Adelaide Precinct Association

10.3.Council may endorse the inclusion of new eligible groups in the Program.

11.Key Performance Indicators

11.1.The success of funded precinct activities will be determined against achievement of the Precinct Group’s Activity Plan.

11.2.Council is supportive of the Precinct Groups managing and delivering activities that align to Outcome 5 Prosperous City, of The City of Adelaide Strategic Plan 2012-16

12.Monitoring and Implementation

12.1. The City Growth and Investment Program is responsible for these Operating Guidelines.

12.2.The effectiveness of these Operating Guidelines will be assessed by an evaluation of the outcomes of Precinct Group activities.

12.3.Precinct activities will be assessed in accordance with the City Growth and Investment Program Value Proposition.

12.4.Subject to a review of the Lord Mayor’s Precinct Forum it is anticipated that forums will continue to be held quarterly, with Elected Members and key Council staff in attendance. It is expected that each Precinct Group will be represented at least at 3 out of 4 Forums per year. The Precinct Groups are encouraged to invite Elected Members to appropriate Precinct Group meetings and events.

11.5.Meetings between the appointed Council officer contact and Precinct Group committees and/or Chairpersons will occur at least twice each financial year i.e. attendance at the Precinct Group Annual General Meetings and at least one committee meeting.

11.6.Precinct Groups will provide the appointed Council contact officer with agendas and minutes of the Association’s meetings and events to assist effective communication.

13.Review

13.1A review of these Operating Guidelines will be undertaken annually.

13.2It is anticipated that as part of the review of the Operating Guidelines to be conducted at the end of 2015/16, the following will be considered:

13.2.1That funding recipients have a minimum number or percentage of members who are businesses or property owners (for example at least 30) and charge appropriate membership fees.

13.2.2That the cost of administrative tasks, including the coordinator’s time, such as setting up meetings, refreshments, taking minutes, preparing reports, printing, typing and record keeping etc should not exceed $10K of the total funding received from the Mainstreets Development Program.