ZERO EMISSIONS NOOSA (ZEN) Inc. GRANT FUNDING AGREEMENT (Referred from Planning & Environment Committee dated 10 October 2023 - Item 5.1). · Attachment 1 - ZEN Inc Grant Agreement 25 Sept DRAFT

•        Leveraging achieved from Council Funding to ZEN Inc. calculated as total value of Funded
             projects compared with Council approved project Funding;
    •        Growth in dona�ons {deduc�ble gi� recipient);
    •        Percentage of projects completed within target �meframes;
    •        Range of methods of communica�on u�lised and es�mated audience reach; and
    •        Other relevant informa�on.
    b) Provide an audited financial report for the financial year and submit it to Council no later
        than February each year, in line with ZEN Inc.’s current repor�ng period for the preceding
        year. The audited financial report is to iden�fy the use of the Funding provided by Council for
        the ZEN Inc. ac�vi�es. ZEN Inc. must maintain financial records in accordance with legisla�ve
        requirements that iden�fy receipt and expenditure of the Funding for ZEN Inc. so that at all
        �mes funding for the ZEN Inc. program is iden�fiable and ascertainable.
    c) If required by Council, provide ad-hoc reports within 30 days of such request, or lesser
        period se�ng out:
        I. Any significant developments in or concerning the ZEN Inc. ac�vi�es and
       II. Any significant delays or difficul�es encountered in performing the ZEN Inc. program in
              accordance with this Agreement.
    d) ZEN Inc. must permit the Council or its agent or representa�ve to have access to ZEN Inc.’s
        records rela�ng to funding provided by Council and must cooperate with any audit or
        informa�on request carried out or requested by Council.
    e) For avoidance of doubt, the above paragraphs survive the expira�on or earlier termina�on of
        this Agreement, except for paragraph c.



7       MANAGEMENT OF COUNCIL FUNDING
7 .1 Use of funding
    a) ZEN Inc. must only expend the Funding:
        I. For undertaking the ZEN Inc. ac�vi�es and purposes that are necessarily related to the
            program, for which the funding was provided; and
       II. Otherwise in accordance with the terms and condi�ons of this Agreement
    b) ZEN Inc. must not use the Funding, any interest acquired from the Funds, any assets or the
        existence of this Agreement as any form of security for any purpose, unless Council has given
        its prior writen approval.

7.2 Repayment of funding
a) If ZEN Inc. fails to remedy a failure to comply with this Agreement in a substan�al respect within
   30 days , or such longer period as the Council s�pulates a�er receiving no�ce requiring it to do
   so, ZEN Inc. is liable, on demand from Council to repay to the Council the whole of the unspent
   Funding provided for ZEN Inc. (or the amount of Funding paid as the case may be).
b) If ZEN Inc. fails to fulfil a term of this Agreement, or part of it, on the ZEN Inc. ac�vi�es, ZEN Inc.
   is, subject to paragraph d) of this clause liable to repay to the Council the amount of unspent
   money and the Council may recover that money from ZEN Inc. as a debt due to the Council.
c) If ZEN Inc. fails to spend the Funding, or part of it, on the ZEN Inc. ac�vi�es, ZEN Inc. is, subject
   to paragraph d) of this clause, liable to repay to the Council the amount of unspent money and
   the Council may recover that money from ZEN Inc. as a debt due to the Council.
d) If, at the end of the term of this Agreement, some of the Funding has not been spent or
   commited to legi�mate con�ngency and reserves, that amount must be repaid to the Council



Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 – 2026              Page 4 of 14

° Leveraging achieved from Council Funding to ZEN Inc. calculated as total value of Funded projects compared with Council approved project Funding; ° Growth in donations {deductible gift recipient); ° Percentage of projects completed within target timeframes; ° Range of methods of communication utilised and estimated audience reach; and ° Other relevant information. b) Provide an audited financial report for the financial year and submit it to Council no later than February each year, in line with ZEN Inc.’s current reporting period for the preceding year. The audited financial report is to identify the use of the Funding provided by Council for the ZEN Inc. activities. ZEN Inc. must maintain financial records in accordance with legislative requirements that identify receipt and expenditure of the Funding for ZEN Inc. so that at all times funding for the ZEN Inc. program is identifiable and ascertainable. c) If required by Council, provide ad-hoc reports within 30 days of such request, or lesser period setting out: |. Any significant developments in or concerning the ZEN Inc. activities and Il. | Any significant delays or difficulties encountered in performing the ZEN Inc. program in accordance with this Agreement. d) ZEN Inc. must permit the Council or its agent or representative to have access to ZEN Inc.’s records relating to funding provided by Council and must cooperate with any audit or information request carried out or requested by Council. e) For avoidance of doubt, the above paragraphs survive the expiration or earlier termination of this Agreement, except for paragraph c. 7 MANAGEMENT OF COUNCIL FUNDING 7 .1 Use of funding a) ZEN Inc. must only expend the Funding: |. For undertaking the ZEN Inc. activities and purposes that are necessarily related to the program, for which the funding was provided; and Il. Otherwise in accordance with the terms and conditions of this Agreement b) ZEN Inc. must not use the Funding, any interest acquired from the Funds, any assets or the existence of this Agreement as any form of security for any purpose, unless Council has given its prior written approval. 7.2 Repayment of funding a) If ZEN Inc. fails to remedy a failure to comply with this Agreement in a substantial respect within 30 days , or such longer period as the Council stipulates after receiving notice requiring it to do so, ZEN Inc. is liable, on demand from Council to repay to the Council the whole of the unspent Funding provided for ZEN Inc. (or the amount of Funding paid as the case may be). b) If ZEN Inc. fails to fulfil a term of this Agreement, or part of it, on the ZEN Inc. activities, ZEN Inc. is, subject to paragraph d) of this clause liable to repay to the Council the amount of unspent money and the Council may recover that money from ZEN Inc. as a debt due to the Council. c) If ZEN Inc. fails to spend the Funding, or part of it, on the ZEN Inc. activities, ZEN Inc. is, subject to paragraph d) of this clause, liable to repay to the Council the amount of unspent money and the Council may recover that money from ZEN Inc. as a debt due to the Council. d) If, at the end of the term of this Agreement, some of the Funding has not been spent or committed to legitimate contingency and reserves, that amount must be repaid to the Council Partnership Agreement between Noosa Council and ZEN Inc Inc 2023 — 2026 Page 4 of 14