Meeting papers

6.2    Council will consider Funding requests having regard to:
      a)   Any ongoing commitments as provided for in clause 8.3 of this Agreement;
      b)   Council’s annual budget position, process and overall funding constraints;
      c)   Strategic alignment with Council priorities;
      d)   ZEN Inc’s performance under this Agreement;
      e)   Achievement of KPIs contained within the Annual Operational Plan; and
      f)   Acquittal and management of previous funding.
6.3    The amount of Funding from Council towards the Operational Expenses for the
       financial year will be determined by Council as part of its annual budget process and in
       line with the factors in clause 6.2 of this Agreement and will be subject to clauses 9
       and 10.



7     FUNDING PROJECTS

7.1    As far as is possible ZEN Inc will fund the majority of its projects through grants,
       donations and sponsorships and in-kind contributions from third parties, including its
       Project Partners.

7.2    In addition to seeking third party funding ZEN Inc may also choose to apply for
       relevant grants under Council’s Grant Programs. These will be assessed on merit,
       competitively against other applications received and the total amount allocated to the
       relevant grants program.

7.3    In addition to funding the Operational Expenses of ZEN Inc under clause 6, Council
       may at its sole discretion, separately engage ZEN Inc from time to time to provide
       services on a commercial basis, with any such engagement:
      a)   entirely separate from the funding arrangements under this Agreement;
      b)   does not create any obligation on Council to procure services from ZEN Inc or to
           provide ZEN Inc with any minimum volume, value or exclusivity of work;
      c)   is subject to Council complying with all applicable legislative, regulatory and policy
           requirements relating to procurement, contracting and expenditure, including any
           requirements to seek quotations, conduct a tender process, engage approved
           suppliers or obtain approvals;
      d)   will be subject to a separate contract, purchase order, work order, quotation
           acceptance or other written agreement issued or approved by Council; and
      e)   will be performed in accordance with Council’s standard terms and conditions and
           at rates, fees and charges agreed between the parties for the relevant
           engagement.




                                                                                                6


                                                                                             Page 178 of 438