NT BGA Agreement

(a) accept the NT BGA’s administrative processes and procedures including variations to those processes and procedures as may be required from time to time by the Australian Government; and

(b) remain a member of the NT BGA for a minimum period of three years and provide the NT BGA with at least twelve months’ notice of its intention to withdraw from the NT BGA or its intention to join another BGA.

5.2. When applying for grants the participating school or prospective participating school agrees to:

(a) provide financial, student enrolment and other relevant data to the BGA; allow the Australian Government to provide similar data to the BGA on a confidential basis (exclusively to allow the BGA to undertake capital grant application assessments); and allow the BGA to provide to the Australian Government any information provided to the BGA by the BGA member school;

(b) permit access to the school and provide assistance at least equivalent to that required in accordance with this Operating Manual; and

(c) if recommended by the BGA for a grant, not accept tenders, nor enter into commitments with contractors/builders, until the NT BGA has advised the applicant that the Australian Government has approved their grant.

5.3. When accepting a grant offer participating schools are bound to, amongst other conditions:

(a) hold adequate insurance cover over its existing buildings and facilities and provide evidence to the NT BGA of this insurance cover as part of the grant application process;

(b) seek the BGA's approval prior to any variation to the approved project or alterations in the scope of works;

(c) contribute at least the amount specified in the grant offer;

(d) apply the funds provided by the Australian Government (via the BGA) for the approved project only for the purpose of meeting expenditure on that project;

(e) accept that if the BGA member school is not complying with their agreement with the BGA (e.g. by not providing required information), the BGA may delay payment to the BGA member school until the school fulfils the condition;

(f) agree to repay to the BGA or to the Australian Government as much of the Grant as the Australian Government determines must be repaid if the BGA, or the BGA member school, has failed to comply with a condition on which the Grant was made;

(g) spend grant payments, including any interest earned on the grant payments, as soon as possible, and not later than six months after the date of receipt;

(h) agree to repay the grant in full to the BGA if, by the end of the funding year, the school is not approved for recurrent funding and/or has not receive final state/territory recognition and/or the approved authority is not approved by the department;

(i) enter into a legally binding contract with successful contractors to proceed with the project before the end of the program year in which the first instalment of the grant is payable;

(j) use and document tendering procedures that encapsulate the principle of 'public invitation' and that are based on standard tendering practice;

(k) comply with, and include in contracts with contractors for the performance of any construction or building activity, the requirements contained in the building code 2016:

http://www.fwbc.gov.au/building-code;

(l) maximise employment opportunities for Indigenous Australians where a project is undertaken specifically for an indigenous Australian community or where the a project is located in an area likely to provide employment or training opportunities for Indigenous Australian, in line with the Australian Government's policy of seeking to reduce the disproportionately high unemployment rates among these people:

http://employment.gov.au/indigenous-opportunities-policy

(m) agree to identify any perceived or actual conflict of interest to the BGA at the stage when it first occurs. The BGA member school, with the possible assistance of the BGA, must then ensure that the conflict is

resolved with written advice provided to the BGA on the nature of the conflict and how it has been resolved;

(n) specifically identify to the BGA any provision under any subcontract the BGA member school has entered into, or proposes to enter into in relation to the project which requires the school to make an incentive payment to any person involved in the development and construction of the project and which is designed to reward completion of the project at a cost under budget or ahead of time;

(o) ensure that the project is completed to a satisfactory standard and within a reasonable time in accordance with the approved project description and with all relevant, local government requirements;

(p) comply with the recognition requirements for AGCGP funding; schools should contact the schoolopenings@education.gov.au inbox if they have any questions regarding recognition;

(q) provide financial accountability information to the BGA within a specified period after the completion of a project;

(r) use the facilities for the purpose of providing school level educational services for the locations, levels of education and students that have been approved;

(s) in the case of projects with grants greater than $75,000, comply with Section 109 of the Act and Section 64 of the Regulations, which provide the Australian Government with a right to repayment:

1. notify the BGA if the school ceases to use the facilities principally for primary or secondary education or sells or otherwise disposes of the facilities within the Designated Period specified in the table Commonwealth Government Right to Repayments (paragraph 105 in this document); and

2. repay to the BGA or to the Australian Government, the calculated portion of the grant, calculated in accordance with Commonwealth Government Right to Repayments (paragraph 105 in this document) if the school ceases to use the facilities principally for primary or secondary education or sells or otherwise disposes of the facilities within the Designated Period.

(t) not transfer to another BGA until the project has been completed, all grant payments have been received, and accountability requirements for the particular project have been finalised, notwithstanding that the 12 months' notice required of BGA member schools (see 5.1. (b) above) must be given before such finalisation;

(u) ensure that, if a school is transferring to another BGA, the BGA to which it is transferring accepts responsibility for protecting the Australian Government's right to repayment in any project funded while the school was a member of the previous BGA. A BGA must advise the

Australian Government that it has agreed to accept such a responsibility;

(v) pay all funding instalments received into an account opened with a financial institution such as a bank, building society or credit union operating in Australia. The BGA member school must identify the receipt and expenditure of those monies in separate accounts within the school's accounting record;

(w) keep adequate financial documents and records relating to the AGCGP project to enable:

1. all income and expenditure related to the AGCGP project to be identified in the school accounts;

2. confirmation of the completion and final expenditure on the project, such as a Certificate of Occupancy; and

3. the preparation of financial statements in accordance with Australian Accounting Standards and generally accepted practices.

(x) allow the BGA and/or the Australian Government to inspect the completed project;

(y) acknowledge and agree that the BGA may assign some or all of the BGA's rights (including the BGA's rights to recover all or a portion of the grant from the BGA member school) to the Australian Government, and

(z) comply with any additional conditions specifically imposed by the Minister in relation to the approved grant.

(aa) comply with any Disability Standards relevant to construction of premises made under the Disability Discrimination Act 1992 from time to time;

(bb) participate with the BGA in evaluating the outcomes of the programme under which the funding was granted by the AGDoE or the BGA may require, including providing assistance, information and access to premises and personnel as may be reasonably required for the purposes of this evaluation.

Note: Member schools must note that in providing any data or any other information required to be given pursuant to the agreement, the AGCGP Operating Manual, the Guide, the Act or the Regulation, that giving false or misleading information is a serious offence under the Criminal Code.

5.4. Accountability Requirements

(a) Each BGA School must provide to the BGA as soon as possible after completion of an Approved Project support document 12, an architect or supervisor’s statement (see supporting documents) certifying that:

1. the Approved Project was undertaken in accordance with the approved plans and applicable building codes, ordinances and by-laws;

2. the major costs of the Approved Project including any amount held in a retention account and, where the Approved Project is part of a larger project, the total cost of the larger project and the amounts which in the architect or supervisor’s opinion are attributable to the Approved Project;

3. details of the expenditure of any contingency sum included in the project documents.

(b) Each BGA School must provide to the BGA within 3 months completion of the Approved Project or receipt of the final payment of Funding (whichever is the later), a certificate from a qualified independent accountant – support document 13 (see supporting documents) certifying that:-

1. the Approved Project has been completed;

2. the amount of the Funding received by the BGA School;

3. the total amount expended on the Approved Project (including any amounts held in a retention account);

4. the Approved Project has been insured (where applicable) and include;

5. Certificates of Completion and/or Compliance and a photo of any plaque erected.

5.5. Notification

A BGA School must notify the BGA immediately upon it becoming aware that it has breached, or is likely to breach, a condition of this Agreement or any other Funding Condition.

(a) Each BGA School acknowledges and agrees that the BGA may assign some or all of the BGA’s rights under this Agreement (including the BGA’s right to recover all or a portion of the Funding from the BGA School in the circumstances set-out in this Agreement) to Australian Government

(b) Each BGA School acknowledges and agrees that, where the BGA assigns a right to the Australian Government (Assigned Right), the Australian Government may exercise the Assigned Right and enforce the Assigned Right directly against the BGA School, in the Australian Government’s name, as the BGA’s assignee.

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(c) Without limiting paragraph (b), the BGA School acknowledges and agrees that the Australian Government may institute proceedings directly against the BGA School in order to enforce the Assigned Right.

(a) It is agreed that the BGA and the participating or prospective participating school are both registered for GST.

(b) The BGA will notify the participating or prospective participating school immediately if it ceases to be Registered for GST and if it ceases to satisfy any of the requirements of a Determination made by Commissioner of Taxation under subsection 29-70 (3) of the GST Act.

(c) The participating or prospective participating school will notify the BGA immediately if it ceases to be Registered for GST.

(d) The participating or prospective participating school will issue Tax invoices in