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2015-04-28 Attachment 1 to Item 7 Planning and Organisation Committee Agenda - Green Army Project Agreement

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Attachment 1


Attachment 1 to Item 7
Planning and Organisation Committee
28 April 2015

Attachment 1

                               Attachment 1 to Item 7
                               Planning and Organisation Committee
                               28 April 2015

GREEN ARMY
PROGRAMME
PROJECT AGREEMENT
in relation to — Managing
weed threats from
bushland reserves and
coastal habitats in Noosa
LGA

Project ID: BO270003901G

Manpower Services (Australia) Pty Ltd
ABN: 15 071 884 994 (Service Provider)
Noosa Shire Council (Project Sponsor)
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Section 2

Table of contents

 Details                                                                     4
 Part A — Standard terms and conditions                                      5
 1.    Definitions and interpretation                                        5
2.     Agreement Period                                                     10
3.     Warranties and representations                                       10
4.     Conduct of the Project                                               11
5.     Provision of services by the Service Provider                        15
6.     Contributions                                                        16
 he    Work, health and safety                                              16
8.     Working with vulnerable persons                                      18
a.     Records and survey                                                   20
 10.   Audit and access                                                     21
 11.   Promotion and publicity                                              22
 12.   Confidential Information                                             22
 13.   Personal Information                                                 23
 14. | Proportionate liability                                              24
 15.   Insurance                                                            24
 16.   Suspension or termination                                            25
 17.   Enforcement                                                          26
 18.   Notices and other communications                                     26
 19.   General provisions                                                   27
 Part B — Project specific terms and conditions                            29
 Schedule 1 — Agreement Details                                            30
 Schedule 2 — Project Particulars                                          32
 Execution page                                                            44
 Appendix 1 — Site Location Map                                            45
 Appendix 2 — Certificates                                                 46
 Appendix 3 — Risk Management Plan                                         47

 Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
 Project ID BO270003901G TEM5191 issued 10/03/2015                        page 2

Section 3

Appendix 4 —- Works Program                                                                                             51

 Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
 Project ID B0270003901G TEM5191 issued 09/04/2015                                                                    page 3

Section 4

Details

 Parties
 le       Manpower Services (Australia) Pty Ltd, ABN: 15 071 884 994 (Service Provider).

 2.       Noosa Shire Council, ABN: 97969214121 (Project Sponsor).

 Recitals
A.        The Australian Government's Plan for a Cleaner Environment is central to the
          Government's vision for a stronger Australia.

B.        A key component of this plan is the Green Army Programme to build teams of
          young Australians to undertake a range of environmental and heritage projects.

C.        The Project Sponsor has been approved to receive support under the Programme.
D.        The Service Provider has agreed to assist the Australian Government in the
          delivery of the Programme, including by entering into this Agreement with the
          Project Sponsor.

E.        In consideration for receiving support under the Programme, the Project Sponsor
          has agreed to perform the Project in accordance with the terms and conditions set
          out in this Agreement.

 Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
 Project ID BO270003901G TEM5191 issued 10/03/2015                                      page 4

Section 5

Part A — Standard terms and conditions

1.       Definitions and interpretation
1.1     Definitions
         In this Agreement, except where the contrary intention is expressed, the following
        definitions are used:
        ABN                       has the same meaning as it has in section 41 of the A
                                  New Tax System (Australian Business Number) Act 1999
                                  (Cth).
        Aboriginal Tradition      has the same meaning as it has in section 3 of the
                                  Aboriginal and Torres Strait Islander Heritage Protection
                                  Act 1984 (Cth).
        Acknowledgement           the acknowledgement guidelines published by the
       Guidelines                 Commonwealth as amended from time to time.
        Agency                    (a) | abody corporate or an unincorporated body
                                         established or constituted for a public purpose by
                                         Commonwealth legislation, or an instrument
                                         made under that legislation (including a local
                                         authority);
                                  (b)    a body established by the Governor-General or
                                         by a Minister of State of the Commonwealth
                                         including departments; or
                                  (c)    an incorporated company over which the
                                         Commonwealth exercises control.
        Agreement                 this agreement between the Service Provider and the
                                  Project Sponsor, as amended from time to time in
                                  accordance with clause 19.2, and includes its Schedules
                                  and any Annexures.
        Agreement Details         Schedule 1.
        Agreement for             the contract between the Service Provider and the
        Services                  Commonwealth formed under clause 4.3 of the Deed.
        Agreement Period          the period specified in clause 2.
        Business Day              in relation to the doing of any action in a place, any day
                                  other than a Saturday, Sunday or public holiday in that
                                  place.
        Commencement Date _ the date this Agreement is executed by the parties or, if
                                  executed on separate days, the date on which this
                                  Agreement is executed by the last party to do so.
        Commonwealth              the Commonwealth of Australia.

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID B0270003901G TEM5191 issued 09/04/2015                                     page 5

Section 6

Completion Date           the day that the Project Sponsor has done all that it is
                                   required to do under clauses 4 (Conduct of the Project),
                                   6 (Contributions), 9 (Records and survey) and 10 (Audit
                                   and access) of this Agreement to the satisfaction of the
                                   Service Provider.
         Confidential              information that is by its nature confidential; and
         Information               (a)    is designated by a party as confidential; or
                                   (b)    a party knows or ought to know is confidential,
                                   but does not include:
                                   (c)    information which is or becomes public
                                          knowledge other than by breach of this
                                          Agreement or any other confidentiality obligation.
         Conflict of Interest      any circumstance in which a party or any of the party’s
                                   Personnel has an interest (whether financial or non-
                                   financial) or an affiliation that is affecting, will affect, or
                                   could be perceived to affect, that party’s ability to perform
                                   the Project, or its obligations under this Agreement, fairly
                                   and independently.
         Deed                      the deed of standing offer between the Commonwealth
                                   and the Service Provider, as varied from time to time,
                                   and includes its Schedules and any attachments.
        Guidelines                 the guidelines entitled the "Green Army Programme
                                   Guidelines" as varied by the Commonwealth from time to
                                   time.
         Insolvency Event          the happening of any of these events:
                                   (a)    goes into liquidation or provisional liquidation or
                                          an application is made for it to be wound up;
                                   (b)    has a receiver, manager, receiver and manager,
                                          administrator, controller (as defined in section 9 of
                                          the Corporations Act 2001 (Cth)) or similar officer
                                          appointed to it or any of its assets;
                                   (c)    makes an assignment for the benefit of or enters
                                          into an arrangement or composition with its
                                          creditors;
                                   (d)    is insolvent or presumed insolvent under the
                                          Corporations Act 2001 (Cth) or stops payment of
                                          any of its debts;
                                   (e)    a party suffers any execution against its assets
                                          which has or will have an adverse effect on its
                                          ability to perform this Agreement; or
                                   (f)    anything analogous or having a substantially
                                          similar effect to any of the events specified above
                                          happens under the Law of any applicable
                                          jurisdiction.

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID BO270003901G TEM5191 issued 09/04/2015                                        page 6

Section 7

Item                      an item in a Schedule to this Agreement.
        Law                       any applicable statute, regulation, by-law, ordinance or
                                  subordinate legislation in force from time to time in
                                  Australia, whether made by a State, Territory, the
                                  Commonwealth, or a local government.
        Material                  any software, firmware, documented methodology or
                                  process, documentation or other material in whatever
                                  form, including without limitation any reports,
                                  specifications, business rules or requirements, user
                                  manuals, user guides, operations manuals, training
                                  materials and instructions.
        Operations Manual         the operations manual developed by the Service Provider
                                  under clause 9 of the Deed, as amended from time to
                                  time.
        Other Contributions       the contributions specified in Item 0 of the Project
                                  Particulars.
        Participant               an Australian citizen or permanent resident between the
                                  age of 17 to 24 years of age who is engaged to
                                  participate in a Team to work on a Project.
        Participant               an agreement between the Service Provider and a
        Agreement                 Participant in relation to the Programme and the
                                  undertaking of a specific Project, and which must comply
                                  with the requirements of the Deed.
        Personal Information — information or an opinion (including information or an
                                  opinion forming part of a database), whether true or not
                                  and whether recorded in a material form or not, about a
                                  natural person whose identity is apparent, or can
                                  reasonably be ascertained, from the information or
                                  opinion.
        Personnel                 in relation to a party, any natural person who is an
                                  employee, officer, agent or professional adviser of that
                                  party or of a subcontractor of that party, and excluding
                                  Participants in the case of the Service Provider.
        Privacy Act               the Privacy Act 1988 (Cth).
        Programme                 the Green Army Programme referred to in the Recitals.
        Project                   the project described in the Project Particulars.
        Project Event             any promotional event conducted by a party relating to
                                  the Project, including celebration of support under the
                                  Programme, all openings, ceremonies or other public
                                  events which are related to the Project.
        Project Outcomes          the project outcomes described in Item 1.3 of the Project
                                  Particulars.
        Project Particulars       Schedule 2.
        Project Period            the period specified in Item 2 of the Project Particulars.

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID B0270003901G TEM5191 issued 09/04/2015                                      page 7

Section 8

Project Specific Item     an item to be purchased by the Service Provider as
                                  specified in the Agreement for Services.
        Project Sponsor           the party specified in Item 3 of the Agreement Details and
                                  includes its Personnel.
        Project Sponsor           all contributions made by the Project Sponsor, including
        Contributions             in-kind and monetary contributions, as specified in Item 0
                                  of the Project Particulars.
        Project Sponsor           the person identified in Item 4 of the Agreement Details,
        Representative            or such other person as is notified by the Project Sponsor
                                  from time to time.
        Schedule                  a schedule to this Agreement.
        Service Provider          the party specified in Item 1 of the Agreement Details
                                  and includes its Personnel.
        Service Provider          the person identified in Item 2 of the Agreement Details,
        Representative            or such other person as is notified by the Service
                                  Provider from time to time.
        Site                      the site(s) where the Project will be undertaken and that
                                  is identified in Item 4.2 of the Project Particulars.
        Team                      a team is comprised of one Team Supervisor and up to
                                  nine Participants, as varied in accordance with the Deed,
                                  and which is constituted for the purposes of undertaking
                                  the Project.
        Team Supervisor           a person employed by the Service Provider to:
                                  (a)    manage a Team in undertaking activities for the
                                         purposes of delivering a Project;
                                  (b)    supervise Participants in the undertaking of a
                                         Project; and
                                  (c)    train Participants in accordance with applicable
                                         individual training plans (as set out in relevant
                                         Participant Agreements).
        Traditional Owner(s)      in relation to land, a local descent group of Aboriginal
                                  people who have common spiritual affiliations to an area
                                  of land (which affiliations place the group under a primary
                                  spiritual responsibility for the site) and who are entitled by
                                  Aboriginal Tradition to forage over the land.
        Work Plan                 the plan set out in Item 4 of the Project Particulars
                                  detailing how the parties will conduct and complete the
                                  Project as amended from time to time in accordance with
                                  clause 4.5(b) of this Agreement.
1.2      Interpretation
         In this Agreement, except where the contrary intention is expressed:
         (a)  the singular includes the plural and vice versa, and a gender includes other
              genders;
Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA. e
Project ID B0270003901G TEM5191 issued 09/04/2015                                      page 8

Section 9

(b)   another grammatical form of a defined word or expression has a
              corresponding meaning;
        -(c) | the meaning of general words is not limited by specific examples introduced
              by ‘for example’ or similar expressions;
        (d)   areference to a clause, paragraph, schedule or annexure is to a clause or
              paragraph of, or schedule or annexure to, this Agreement;
        (e)   areference to a document or instrument includes the document or instrument
              as novated, altered, supplemented or replaced from time to time;
        (f) | areference to AUD, A$, $A, dollar or $ is to Australian currency;
         (g)  areference to time is to the time in the place where the obligation is to be
              performed;
         (h)  areference to a party is to a party to this Agreement, and a reference toa
              party to a document includes the party's executors, administrators,
              successors and permitted assignees and substitutes;
         (i) | areference to a person includes a natural person, partnership, body
              corporate, association, governmental or local authority or agency or other
              entity;
         (j)  if a party is a trustee, the party enters this Agreement personally and in its
              capacity as trustee and:
              (i) | any warranties given under this Agreement are given in both capacities;
                    and
              (ii)  warrants that it has the power to perform its obligations under this
                    Agreement;
         (k)  areference to a statute, ordinance, code or other Law includes regulations
              and other instruments under it and consolidations, amendments,
              re-enactments or replacements of any of them;
         (1) | any agreement, representation, warranty or indemnity by two or more parties
              (including where two or more persons are included in the same defined term)
              binds them jointly and severally;
         (m)  any agreement, representation, warranty or indemnity in favour of two or more
              parties (including where two or more persons are included in the same
              defined term) is for the benefit of them jointly and severally;
         (n)  arule of construction does not apply to the disadvantage of a party because
              the party was responsible for the preparation of this Agreement or any part of
              it; and
         (0)  to the extent that the parties have not completed any Item in a Schedule that
              Item will be taken to be 'not applicable’ for the purpose of this Agreement,
              unless otherwise stated.
1.3      Priority of Agreement documents
         If there is inconsistency between any of the documents forming part of this
         Agreement, those documents will be interpreted in the following order of priority to
         the extent of any inconsistency:
         (a)   Part A of this Agreement;
Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID B0270003901G TEM5191 issued 09/04/2015                                      page 9

Section 10

(b)   Part B of this Agreement;
         (c)   the Agreement Details;
         (d)   the Project Particulars; and
         (e)   documents incorporated by reference in this Agreement, in the following order
               of priority:
               (i) | Project-specific work health and safety plan;
               (ii)  risk management plan; and
               (iii) | Work Plan.
2.       Agreement Period
         This Agreement commences on the Commencement Date and, unless terminated
         earlier, expires on the Completion Date.
3.       Warranties and representations
 3.1     Warranties and representations of both parties
          Each party to this Agreement represents and warrants to the other that:
          (a) _ it has full power and authority to enter into, perform and observe its
               obligations under this Agreement;
          (b)  the execution, delivery and performance of this Agreement has been duly and
               validly authorised by the relevant party;
          (c)  as atthe Commencement Date no litigation, arbitration, mediation,
               conciliation or administrative proceedings are taking place, pending, or are
               threatened which could have an adverse effect on the party’s ability to
               perform its obligations under this Agreement;
          (d)  it is not affected by an Insolvency Event; and
          (e)  this Agreement constitutes legal, valid and binding obligations on it,
               enforceable against it in accordance with the terms of this Agreement.
 3.2      Project Sponsor warranties and representations
          (a)  |The Project Sponsor represents and warrants to the Service Provider that it
               has, will have, or will confirm that any property owners and property managers
               have, or will have, before the commencement of Project activities:
               (i)   all rights, title, licences, interests, property and regulatory approvals
                     necessary for the lawful undertaking of the Project (including by the
                     Service Provider); and
               (ii) | the agreement or consent, where required by Law, of the relevant native
                     title holder or claimants and the Traditional Owners recognised under
                     land rights legislation.
          (b)  |The Project Sponsor represents and warrants to the Service Provider that it
                has, or will have, before the Project commences:
                (i) | any and all required consents for the undertaking of the Project,
                     including of any and all property owners and property managers of
                     properties that will be accessed or otherwise in any way affected by the
                     Project;

 Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
 Project ID BO270003901G TEM5191 issued 09/04/2015                                      page 10

Section 11

(ii) | the consent of any and all organisations that it will partner with or
                     represent on the Project, including Traditional Owners (if relevant);
               (iii) | adequate funds and resources including through Other Contributions to
                     support delivery of the Project in accordance with this Agreement; and
               (iv)  provided, and will otherwise make available as appropriate, all
                     equipment, materials, items, plants, and tools reasonably needed for the
                     undertaking of the relevant Project, other than that equipment stated as
                     being the responsibility of the Service Provider under the Deed or in the
                     Agreement for Services as specified in Item 5.4 and Item 6 of the
                     Project Particulars.
          (c)  The Project Sponsor further warrants that:
               (i)   neither it, nor any of its Personnel, have been convicted of a fraud-
                     related offence in the last five years;
               (ii)  it, and all of its Personnel, consent to undertake appropriate criminal
                     records checks and any other appropriate checks where clause 8
                     applies; and
               (iii) | any equipment provided for use in the Project is in good working order
                     and meets all relevant and necessary safety, performance and servicing
                     standards.
4.        Conduct of the Project
 4.1      Cooperative conduct
          The parties agree to work cooperatively on the Project, including in relation to:
          (a)  the development of a work health and safety plan for the Project;
          (b)  the day-to-day conduct of the Project; and
          (c)  the creation and facilitation of local community support for, and engagement
               in, the Project.
 4.2      Responsibilities of the parties
          The parties agree to each perform the Project:
          (a)  inamanner that prioritises and enforces work health and safety requirements;
          (b)  within the Project Period;
          (c)  in accordance with the Work Plan;
          (d)  in accordance with all applicable Laws;
          (e)  soas to deliver the Project Outcomes and meet all reporting requirements, in
               accordance with the requirements of this Agreement;
          (f) | in accordance with directions from the Commonwealth as issued from time to
               time (if any); and
          (g)  otherwise in accordance with the provisions of this Agreement, the Agreement
               for Services and the Deed.

 Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
 Project ID B0270003901G TEM5191 issued 09/04/2015                                      page 11

Section 12

4.3      Service Provider’s obligations
         The Service Provider must:
         (a)  ensure that it undertakes its activities in relation to the Project in accordance
              with the Agreement for Services;
         (b)  develop a work health and safety plan for the Project in accordance with
              clause 4.6 and the Agreement for Services;
         (c)  provide a Team Supervisor for the Project and ensure that each Team
              Supervisor carries out the responsibilities set out at clause 4.8 and in
              accordance with the Agreement for Services;
         (d)  provide training to Participants in accordance with Item 5.1 of the Project
              Particulars and in accordance with the Deed;
         (e)  provide all support items in accordance with the Deed and the Agreement for
              Services as specified in Item 5.4 and Item 6 of the Project Particulars,
              including personal protective equipment, emergency items, other clothing and
              general equipment;
         (f)  transport the Participants to the Project Site in accordance with the Deed and
              the Agreement for Services;
         (g)  notify the Project Sponsor of those parts of the Operations Manual which the
              Project Sponsor must comply with; and
         (h)  otherwise deliver the Project in accordance with this Agreement, the
              Agreement for Services and the Deed.
4.4      Project Sponsor’s obligations
         The Project Sponsor must:
         (a)  provide written confirmation to the Service Provider prior to the
              commencement of the Project that all planning approvals, licences, consents,
              permits and regulatory approvals of any type needed for the lawful
              undertaking of the Project activities have been obtained;
         (b)  contribute to the development of the Project-specific work health and safety
              plan for the Project in accordance with clause 4.6;
         (c)  provide the Project Sponsor Contributions, including arranging for the
              provision of expert advice to the Service Provider where specified in the
              Agreement for Services, and the Other Contributions, in accordance with
              clause 6;
         (d)  ensure that any equipment provided as part of the Project Sponsor
              Contributions is in good working order and meets all relevant and necessary
              safety, performance and servicing standards;
         (e)   keep and provide records and the end-of-Project survey in accordance with
              clause 9;
         (f) | be responsible for all Project costs, other than:
              (i) | the labour costs of the Participants and Service Provider; and
              (ii) | those other costs which are the responsibility of the Service Provider
                    under the Deed and Agreement for Services as specified in Item 5.4
                    and Item 6 of the Project Particulars;

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID BO270003901G TEM5191 issued 09/04/2015                                     page 12

Section 13

(g)  provide all equipment, materials, items, plants, and tools reasonably needed
              for the undertaking of the relevant Project, other than that equipment stated
              as being the responsibility of the Service Provider under Item 5.4 and Item 6
              of the Project Particulars;
         (h)   use all reasonable endeavours to create and facilitate local community
              support for, and engagement in, the Project;
         (i) | comply with the Operations Manual, in so far as it is applicable to the Project
               Sponsor; and
         (j)  facilitate safe and secure access to the Site of the Project for the Team for the
              duration of the Project.
4.5      Work Plan
         (a)  The parties must perform the Project in accordance with, and otherwise
               comply with, the Work Plan.
         (b)   No alteration to the Work Plan will be effective unless and until the change to
              the Work Plan is agreed by both parties.
4.6      Project-specific work health and safety plan
         (a)   Prior to undertaking any Project activities, a work health and safety plan, must
               be finalised and agreed between the parties to this Agreement.
         (b)   The Service Provider must prepare a work health and safety plan for the
               Project which is consistent with this Agreement, the Agreement for Services,
              the Deed (including the Operations Manual) and the Guidelines and provide a
               draft plan to the Project Sponsor for comment.
         (c)   Without limitation, the work health and safety plan must:
               (i) | detail the procedures that the Service Provider and Project Sponsor will
                    take in order to manage any work health and safety risks and incidents
                    that may arise during the undertaking of the Project;
               (ii) | detail the roles and responsibilities of the Service Provider, Team
                    Supervisors, other Personnel of the Service Provider, and the Project
                    Sponsor (as applicable) in relation to work health and safety; and
               (iii) | comply with all relevant work health and safety standards, policies and
                    Laws as applicable to the Project.
         (d)   Within 10 Business Days of receipt of the draft work health and safety plan
               provided under clause 4.6(b), the Project Sponsor must provide detailed
               comments on the draft plan. In providing comments on the draft work health
               and safety plan, the Project Sponsor must consult, or provide contact
               information so as to allow the Service Provider to consult, with any other
               stakeholders who have shared responsibility for the work health and safety of
               the Team.
         (e)   The Service Provider must consider all input from the Project Sponsor and
               any other stakeholders consulted in accordance with clause 4.6(d) and
               finalise the work health and safety plan.
         (f) | Once finalised under clause 4.6(e), the work health and safety plan will form
               part of this Agreement and the parties must perform the Project in accordance
               with the final work health and safety plan.
         (g)   The Service Provider must, in consultation with the Project Sponsor and
               stakeholders (as applicable), promptly update and modify the work health and
               safety plan from time to time so as to address any new risks, changes in
               circumstances or changes in applicable Laws and standards.
Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID B0270003901G TEM5191 issued 09/04/2015                                      page 13

Section 14

(h)  |The Service Provider must provide the work health and safety plan for the
               Project to the Commonwealth for review by the Commonwealth or a
              representative, if requested by the Commonwealth.
         (i) | Project activities must not commence unless and until the work health and
              safety plan for the Project is finalised
4.7      Project-specific risk management plan
         (a)  The parties must perform the Project in accordance with the risk management
               plan for the Project set out in Item 9 of the Project Particulars.
         (b)  |The Project Sponsor warrants that, in agreeing the risk management plan set
              out in Item 9 of the Project Particulars, it has consulted, or provide contact
               information so as to allow the Service Provider to consult, with any other
              stakeholders who have shared responsibility for the risk management of the
               Project or the Site (such as land managers), on the content of the risk
               management plan for the Project.
         (c)  The Service Provider must, in consultation with the Project Sponsor and
              stakeholders (as applicable), promptly update and modify the risk
               management plan for the Project from time to time so as to address any new
               risks, changes in circumstances or changes in applicable Laws and
              standards.
         (d)  The Service Provider must provide the risk management plan for the Project
              to the Commonwealth for review by the Commonwealth or a representative, if
               requested by the Commonwealth.
4.8      Team Supervisors’ responsibilities
         Each Team Supervisor is responsible for the following:
         (a)  supervise Participants in the undertaking of a Project at a ratio of not less than
              one Team supervisor to nine Participants unless otherwise agreed by the
               Department, and in accordance with this Agreement and the Deed;
         (b)   manage their Team in undertaking activities for the purposes of delivering the
               Project, in accordance with this Agreement and the Deed;
         (c)   undertake, supervise and provide training to Participants in accordance with
              applicable individual training plans (as set out in relevant Participant
              Agreements) but only for activities for which the Team Supervisor is
              adequately qualified to do;
         (d)  operate the vehicle which is used to transport Participants to training and the
               Project Site as detailed in the Deed;
         (e)   identify where Participants do not have the adequate skills or the ability to
               perform Project activities (including where the Participant is under the
               influence of alcohol or illegal drugs) and, if so:
               (i) | ensure that those activities are not undertaken by the Participant until
                    the Participant has obtained adequate skills and is able to perform
                    activities in accordance with this Agreement and the Deed; and
               (ii) | provide an appropriate level of supervision and assistance in delivering
                    those activities;
         (f) | ensure that Participants comply with the directions of the Team Supervisor,
              the Service Provider and the Commonwealth, where applicable, rather than
              the Project Sponsor; and
         (g)   any additional responsibilities set out at Item 5.3 of the Project Particulars.

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID BO270003901G TEM5191 issued 09/04/2015                                      page 14

Section 15

4.9     Management of Conflicts of Interest
         (a)   Each party warrants, to the best of its knowledge after making diligent inquiry,
               as at the Commencement Date, that no Conflict of Interest exists or is likely to
               arise in the performance of its obligations under this Agreement.
         (b)   If during the Agreement Period, a Conflict of Interest arises in relation to a
               party (Conflicted Party), or appears likely to arise, the Conflicted Party must:
               (i) | immediately notify the other party in writing of the Conflict of Interest
                     making a full disclosure of all relevant information relating to the Conflict
                     of Interest and setting out the steps the Conflicted Party proposes to
                     take to resolve or otherwise deal with the Conflict of Interest; and
               (ii) | take such steps as the other party may reasonably require to resolve or
                     otherwise deal with that Conflict of Interest.
 4.10    Appointment of subcontractors
         Notwithstanding any subcontracts that the parties may enter into for purposes
         related to this Agreement, each party is responsible for the performance of its
         responsibilities under this Agreement.
 4.11.    Partnership or incorporated association
         Where the Project Sponsor is a partnership or incorporated association:
         (a)   any agreement, representation, warranty or indemnity under this Agreement
               binds the partners or members (as applicable) jointly and severally; and
         (b)   the Project Sponsor must not take any step to dissolve that partnership or
               incorporated association for the duration of this Agreement.
5.        Provision of services by the Service Provider
 5.1     The Team
          (a)  |The Service Provider will deploy a Team for the purposes of the Project in
               accordance with the relevant Agreement for Services.
          (b)  Participants deployed under this Agreement must only be used for the
               purposes of carrying out the Project and performing this Agreement.
 5.2      General equipment
         The Service Provider must provide the general equipment specified at Item 5.4 of
         the Project Particulars.
 5.3      Project Specific Items
          The Service Provider must make the Project Specific Items available, as detailed in
          the Agreement for Services and at Item 6 of the Project Particulars, for the
          purposes of undertaking the Project only.
 5.4      No liability for Service Provider
          The Service Provider accepts no liability for any debts incurred by the Project
          Sponsor, any monies owing by the Project Sponsor to its Personnel, any cost
          overruns or there being insufficient monies to complete the Project.

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Section 16

6.       Contributions
 6.1     Project Sponsor Contributions and Other Contributions
         (a)   The Project Sponsor must:
               (i) | provide the Project Sponsor Contributions as specified in Item 7.1 of the
                     Project Particulars and otherwise in accordance with the Work Plan; and
               (ii)  if requested by the Service Provider, the Project Sponsor must provide
                     the Service Provider with written evidence that the persons or
                     organisations specified in Item 0 of the Project Particulars will provide
                     the Other Contributions, including the amounts to be provided, the due
                     dates for each of these amounts and the terms and conditions of the
                     provision of the Other Contributions.
         (b)   The basis on which the Project Sponsor Contributions and Other
               Contributions are to be provided must be satisfactory to the Service Provider.
         (c)   |The Project Sponsor must ensure that the terms on which any Other
               Contributions are provided to the Project Sponsor for, or in connection with,
               the Project are not inconsistent with the terms of this Agreement and the
               Agreement for Services and do not in any way limit or affect the Project
               Sponsor’s ability to comply strictly with its obligations, or the Service
               Provider’s ability to exercise its rights, under this Agreement.
         (d)   The Project Sponsor must promptly notify the Service Provider if the total
               amount of the Project Sponsor’s Contributions or Other Contributions
               reduces, or if such a reduction is anticipated.
         (e)   If:
               (i) | the Service Provider receives notice under clause 6.1(d);
               (ii) | the Project Sponsor does not provide the Project Sponsor’s
                     Contributions or provide them in time to enable completion of the
                     Project; or
               (iii) | the Project Sponsor is not able to obtain the Other Contributions or
                     obtain them in time to enable completion of the Project,
               the Service Provider must notify the Commonwealth as soon as practicable or
               where the Service Provider has received a notice under clause 6.1(d), within
               two Business Days from receipt of the notice.
 Ti      Work, health and safety
 Fy       Definitions
          In this clause 7:
          (a)  corresponding WHS law has the meaning given in section 4 of the WHS Act;
          (b)  Regulator means an authority referred to ina WHS Law as the relevant
               authority for occupational health and safety complaints, queries or
               investigations;
          (c)  WHS Act means the Work Health and Safety Act 2011 (Cth);
          (d)  WHS Law means the WHS Act and any corresponding WHS law;
          (e)  WHS entry permit holder has the meaning given in the WHS Act; and
          (f)  WHS Regulations means the regulations made under the WHS Act.

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Section 17

he       Division of work health and safety responsibilities between the parties
         (a)  |The Project Sponsor is responsible for providing safe and secure access to
              the Site, including where it makes arrangements with a third party in order to
              provide this.
         (b)  |The Project Sponsor will contribute to developing and implementing the work
              health and safety plan for the Project to the best of their endeavours to ensure
              the safety of Teams in carrying out their agreed tasks.
         (c)  The Service Provider is responsible for managing the work health and safety
              of Participants.
7.3      Compliance with laws and policies
         (a)  Each party must, in carrying out its obligations under this Agreement, comply,
              and use reasonable endeavours to ensure that its subcontractors comply, with
              the provisions of all Laws and requirements of any Commonwealth, State,
              Territory or local authority including those arising under a WHS Law in respect
              of work health and safety.
         (b)  The Project Sponsor must, in carrying out its obligations under this
              Agreement, comply, and use reasonable endeavours to ensure that its
              subcontractors comply, with any of the Service Provider’s work health and
              safety policies as notified, referred to, or made available, by the Service
               Provider to the Project Sponsor in writing.
7.4      Notifiable incidents and contraventions
         (a)   If the Project Sponsor is required by a WHS Law to report to a Regulator an
              incident arising out of the Project:
              (i) | atthe same time, or as soon as is possible in the circumstances, the
                    Project Sponsor must give notice of such incident, and a copy of any
                    written notice provided to a Regulator, to the Service Provider and to the
                    Commonwealth; and
              (ii) | the Project Sponsor must provide to the Service Provider and to the
                    Commonwealth, within such time as is specified by the Service Provider
                    or the Commonwealth, a report detailing the circumstances of the
                    incident, the results of investigations into its cause, and any
                    recommendations or strategies for prevention in the future.
         (b)  |The Project Sponsor must inform the Service Provider and the
              Commonwealth of the full details of:
               (i) | any suspected contravention of a WHS Law relating to the Project,
                    within 24 hours of becoming aware of any such suspected
                    contravention;
               (ii) | any cessation or direction to cease work relating to the Project, due to
                    unsafe work, immediately upon the party being informed of any such
                    cessation or direction;
               (iii) | any workplace entry by a WHS entry permit holder, or an inspector, to
                    any place where the Project is being performed or undertaken, within 24
                    hours of becoming aware of any such workplace entry; and
               (iv) any proceedings against the party or its officers, or any decision or
                    request by the Regulator given to the party or its Personnel, under a
                    WHS Law, within 24 hours of becoming aware of any such proceedings,
                    decision or request.

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Section 18

8.       Working with vulnerable persons
 8.1     Application of this clause
         This clause 8 applies if the Project, or any part of the Project, involves working with
         or contact with Vulnerable Persons.
 8.2      Definitions
          In this clause 8:
          (a)  Child means an individual under the age of 18;
          (b)  Criminal or Court Record means any record of any Other Offence;
          (c)  Other Offence means a conviction, finding of guilt, on-the-spot fine, or other
               court order relating to:
               (i) | an apprehended violence or protection order made against the person;
               (ii) | one or more traffic offences involving speeding more than 30 kilometres
                     over the speed limit, injury to a person or damage to property;
               (iii) | acrime or offence involving the consumption, dealing in, possession or
                     handling of alcohol, a prohibited drug, narcotic or other prohibited
                     substance;
               (iv)  acrime or offence involving violence against or injury to a person (other
                     than a crime or offence involving the death of person); or
               (v)   aminor crime or offence involving dishonesty other than those crimes
                     and offences referred to in paragraph (g) of this definition;
          (d)  Person means each of the party’s officers, employees, contractors and
               volunteers;
          (e)  Police Check means a formal inquiry made to the relevant police authority in
               each Australian State or Territory where the party knows the person has
               resided, designed to obtain details of a person’s criminal conviction or a
               finding of guilt in all places (within and outside Australia);
          (f) | Serious Record means a conviction or any finding of guilt for a Serious
               Offence;
          (g)  Serious Offence means:
               (i) | acrime or offence involving the death of a person;
               (ii) | asex-related offence or a crime, including sexual assault (whether
                     against an adult or Child), Child pornography, or any indecent act
                     involving a Child;
               (iii) | acrime or offence involving dishonesty that is not minor; or
               (iv)  fraud, money laundering, insider dealing or any other financial offence
                     or crime, including those under legislation relating to companies,
                     banking, insurance or other financial services;
          (h)  Vulnerable Person means:
               (i) | a Child; or
               (ii) | an individual aged 18 years and above who is or may be unable to take
                     care of themselves, or is unable to protect themselves against harm or

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Section 19

exploitation by reason of age, illness, trauma or disability, or any other
                    reason; and
         (i) | Working with Children Check means a formal assessment of criminal
              history, conducted in accordance with relevant Law in relation to working with
              Children, and valid in the State or Territory in which the Project Site is located.
8.3      Project Sponsor to conduct Police Check
         (a)  Subject to clause 8.3(b), the Project Sponsor must, before engaging or
              deploying any person (whether as an officer, employee, contractor, or
              volunteer) in relation to any part of the Project:
              (i) | conduct a Police Check for that person;
              (ii) | confirm that no Commonwealth, State or Territory Law prohibits that
                    person from being engaged in a capacity where they may have contact
                    with Vulnerable Persons; and
              (iii) | comply with all other legal requirements of the place where the Project,
                    or part of the Project, is being conducted in relation to engaging or
                    deploying persons in a capacity where they may have contact with
                    Vulnerable Persons.
         (b)  Unless otherwise directed by the Service Provider, the Project Sponsor is not
              required to conduct a Police Check in accordance with clause 8.3(a) where:
              (i) | the person:
                    (A)   is a volunteer;
                    (B)   will be involved in the Project for five days or less;
                    (C)   does not have any direct supervisory responsibilities for other
                          persons involved in the Project; and
                    (D)   will only be present at the Site at the same time as the Team
                          Supervisor; or
              (ii) | the person has a current Working with Children Check.
8.4      Parties to conduct risk assessment
         (a)   If a Police Check or Working with Children Check indicates that a person has
              a Serious Record, or a Criminal or Court Record, the Project Sponsor must
               not engage, deploy or redeploy the person until the Project Sponsor has
              conducted and documented a risk assessment of that person.
         (b)  |The Project Sponsor must, within 24 hours of becoming aware of a person
               being charged or convicted of any Serious Offence or Other Offence, conduct
              and document a risk assessment in accordance with clause 8.5 to determine
              whether to allow that person to continue performing the Project, or any part of
              the Project.
         (c)  |The Project Sponsor must document the actions it will take as a result of
              conducting the risk assessment.
         (d)  The Project Sponsor is responsible for conducting any risk assessment,
              assessing its outcome and deciding to engage, deploy or redeploy a person
              with a Serious Record, or a Criminal or Court Record, to work on the Project,
              or any part of the Project.

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Section 20

8.5      Requirements regarding conduct of risk assessment
          In undertaking a risk assessment under clause 8.4, the Project Sponsor must take
          into account the following factors:
          (a)  whether the person’s Serious Record, Criminal or Court Record is directly
               relevant to the role the person will or is likely to perform in relation to the
               Project, or any part of the Project;
          (b)  the length of time that has passed since the person’s conviction and the
               person’s record since that time;
          (c)  the nature of the offence pertaining to the Serious Record or Criminal or Court
               Record and the circumstances in which it occurred;
          (d)  whether the offence involved Vulnerable Persons;
          (e)  the nature of the Project and the circumstances in which the person will or is
               likely to have contact with Vulnerable Persons;
          (f)  the particular role the person is proposing to undertake or is currently
               undertaking in relation to the Project and whether the fact the person has a
               Serious Record or Criminal or Court Record, is reasonably likely to impair the
               person’s ability to perform or continue to perform the inherent requirements of
               that role; and
          (g)  the person’s suitability based on their merit, experience and references, to
               perform the role they are proposed to undertake or are currently undertaking
               in relation to the Project or any part of the Project.
 8.6      Parties’ obligations about the engagement and deployment of certain
          persons
         After taking into account the factors set out in clause 8.5, the parties must
         determine whether it is reasonably necessary to:
          (a)  engage, deploy or redeploy the person in relation to the Project or any part of
               the Project;
          (b)  remove the person from working in any position or acting in any capacity in
               relation to the Project or any part of the Project which involves working or
               having contact with Vulnerable Persons;
          (c)  make particular arrangements or impose conditions under which the person’s
               role in relation to the Project or any part of the Project and, where relevant,
               contact with Vulnerable Persons is to occur; or
          (d)  take steps to protect the physical, psychological or emotional wellbeing of the
               Vulnerable Persons to whom the Project relates.
 8.7     Subcontractors
         The Project Sponsor must ensure that any subcontract entered into by it in relation
         to the Project places the same obligations on the subcontractor as this clause 8
          places on the Project Sponsor.
9.        Records and survey
 9.1      Project Sponsor must keep records
         The Project Sponsor must keep comprehensive written records of any Project
         Sponsor Contributions and Other Contributions.
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Section 21

9.2      Provision of records
         The Project Sponsor must:
         (a)  deliver information and other Material produced under or in connection with
              this Agreement (substantially in the form of the template specified by the
              Service Provider if any) and otherwise as reasonably required by the Service
               Provider from time to time to ensure delivery of the Project; and
         (b)   provide all information and other Material to the Service Provider in
              accordance with the timeframes specified in this Agreement and otherwise
               promptly upon demand.
9.3      Survey and final report
         Without limiting the Project Sponsor’s other obligations under this Agreement, the
         Project Sponsor must provide to the Service Provider the completed end-of-Project
         survey and final report in the form of the templates provided by the Service
         Provider. From the end of the Project Period:
         (a)   the survey must be submitted within 10 Business Days; and
         (b)   the final report must be submitted within 20 Business Days.
10.      Audit and access
10.1     Right to conduct audits
         (a)   The Commonwealth or a representative may conduct audits relevant to the
               performance of the parties’ obligations under this Agreement.
         (b)   The parties acknowledge and agree that the Commonwealth and any persons
               nominated by the Commonwealth may, at reasonable times and on giving
               reasonable notice to the relevant party:
               (i) | access and inspect the party’s premises and the Project Site, any
                    assets, wherever they may be located, to the extent relevant to the
                     performance of this Agreement; and
               (ii) | require the relevant party (including its Personnel) to provide records,
                     documents and information relevant to the performance of this
                    Agreement in a data format and storage medium accessible by the
                     Commonwealth.
         (c)   The relevant party must provide the Commonwealth with any reasonable
               assistance requested by the Commonwealth in relation to the exercise of its
               rights under this clause 10, and any inquiry into or concerning the Project or
               this Agreement including any administrative or statutory review, audit or
               investigation (whether within or external to the Commonwealth), any request
               for information directed to the Commonwealth, any judicial or quasi-judicial
               inquiry, and any inquiry conducted by Parliament or any Parliamentary
               committee.
 10.2    General
         (a)   Each of the Service Provider, Project Sponsor and the Commonwealth must
               bear its own costs of any inspections, reviews, audits and enquiries
               conducted pursuant to this clause 10.
         (b)   The parties to this Agreement must ensure that any subcontract entered into
               for the purpose of this Agreement contains an equivalent clause granting the
               rights specified in this clause 10.

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Section 22

(c)   This clause 10 applies for the duration of the Agreement Period and for a
               period of seven years from the termination or expiry of this Agreement.
 11.     Promotion and publicity
 11.1    Media protocols
         (a)   The parties may discuss their approved Projects with interested media parties
               and must inform the Department of the Environment’s media team in
               accordance with Item 8 of the Project Particulars after conducting a media
               interview.
         (6)   Media enquiries that relate in any way to the Australian Government's role or
               the administration of the Programme must be directed to Department of the
               Environment’s media team in accordance with Item 8 of the Project
               Particulars.
         (c)   The parties may promote the Programme on social media platforms. The
               Commonwealth may provide a list of its own social media links and hashtags
               as part of the Acknowledgement Guidelines that can be cross referenced.
 11.2 | Acknowledgement Guidelines
         The Project Sponsor must acknowledge, in the required form as set out in the
         Acknowledgement Guidelines, the support it has received from the Commonwealth
         in all publications, promotional and advertising materials, signs or plaques displayed
         at the location where the Project is undertaken, at any Project Event and otherwise
         at the times and in the manner as the Commonwealth requires from time to time.
 11.3.   Announcements
         Each party must, at least two Business Days before making a public announcement
         in connection with this Agreement or any transaction contemplated by it except if
         the announcement is required by Law or a regulatory body, notify the other party
         and the Commonwealth and provide a copy of the announcement to the other party
         and the Commonwealth.
11.4     Announcements by the Commonwealth
         The parties agree that:
         (a)   the Commonwealth may make public details of the Project, the Programme
               and the role and contribution of Participants; and
         (b)   the Commonwealth is not required to notify or obtain the approval of the
               parties prior to any announcement.
12.      Confidential Information
12.1.    Confidential Information not to be disclosed
         (a)   Subject to clause 12.2, a party must not, without the prior written consent of
              the other party, disclose any Confidential Information of the other party to a
              third party.
         (b)   In giving written consent to the disclosure of Confidential Information, each
               party may impose such conditions as it thinks fit, and the other party must
              comply with these conditions.
12.2     Exceptions to obligations
         The obligations on the parties under this clause 12 will not be taken to have been
         breached to the extent that Confidential Information is:

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Section 23

(a)  disclosed by a party to its financial or legal advisers (including their officers
              and employees), employees or internal management Personnel solely in
              order to comply with obligations, or to exercise rights, under this Agreement,
              or to enable effective management or auditing of Agreement related activities;
         (b)  to the extent that a party is a government agency or organisation, disclosed
              by that party to its responsible Minister or in response to a request by a House
              or a Committee of its Parliament;
         (c)  authorised or required by Law, including under this Agreement, under a
              licence or otherwise, to be disclosed;
         (d)  disclosed to the Commonwealth, as requested by the Commonwealth from
              time to time;
         (e)  required under the Deed or the Agreement for Services; or
         (f)  in the public domain otherwise than due to a breach of this clause 12.
12.3     Obligations on disclosure
         Where a party discloses Confidential Information to another person pursuant to:
         (a)  clause 12.2(a), the disclosing party must notify the receiving person that the
              information is Confidential Information and not provide the information unless
              the receiving person agrees to keep the information confidential; or
         (b)  clauses 12.2(b), (c) and (d), the disclosing party must notify the receiving
              party that the information is Confidential Information.
12.4     No reduction in privacy obligations
         Nothing in this clause 12 derogates from any obligation which either party may have
         either under the Privacy Act as amended from time to time, or under this
         Agreement, in relation to the protection of Personal Information.
13.      Personal Information
13.1     When does this clause apply?
         This clause 13 applies only where the Project Sponsor deals with Personal
         Information when, and for the purpose of, conducting the Project.
13.2     Obtaining Personal Information
         The Project Sponsor must obtain written consent when obtaining Personal
         Information to allow the Personal Information to be disclosed to the Commonwealth
         upon request.
13.3.    Obligations
         The Project Sponsor must:
         (a) _ if it obtains Personal Information while conducting the Project or otherwise
               performing its obligations under this Agreement, use or disclose that Personal
               Information only for the purposes of this Agreement;
         (b)   not do any act or engage in any practice that would breach an Australian
               Privacy Principle under the Privacy Act; and
         (c)   immediately notify the Service Provider if the Project Sponsor becomes aware
               of a breach or possible breach of any of its obligations under this clause 13.

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Section 24

13.4     Subcontractors
         The Project Sponsor must ensure that any subcontract entered into by it in relation
         to this Agreement places the same obligations about Personal Information on the
         subcontractor as this clause 13 places on the Project Sponsor.
14.      Proportionate liability
         The provisions of Part 7A of the Civil Law (Wrongs) Act 2002 (ACT) (and its
         equivalents in other states and territories) apply to a claim in any way connected
         with the Project or this Agreement, whether arising in contract, tort (including
         negligence), bailment or otherwise.
15.      Insurance
15.1     Obligation to take out and maintain insurance
         (a)  Subject to clause 15.1(b), the Project Sponsor must take out or have taken
              out for the period specified in clause 15.1(c) or clause 15.1(d) (as the case
              may be) as at the Commencement Date:
              (i) | workers’ compensation insurance to the extent required by Law;
              (ii) | general and products liability insurance; and
              (iii) | professional indemnity or errors and omissions insurance,
              as specified in Item 7 of the Agreement Details.
         (b)  Where the property owners or property managers have or will take out
              general and products liability insurance in respect of the Site, the Project
              Sponsor must ensure that:
              (i) | the insurance complies with the requirements of this clause 15; and
              (ii) | the Project Sponsor is able to obtain copies of the current insurance
                    policies and certificates of currency.
         (c)   If the Project Sponsor takes out a ‘claims made’ policy, which requires all
              claims and any fact situation or circumstance that might result in a claim to be
              notified within the period of insurance, the Project Sponsor must maintain the
              policy (or a policy in like terms) during the Agreement Period and for a period
              of seven years on and from the expiry or the early termination of this
              Agreement.
         (d)   If the Project Sponsor takes out an ‘occurrence’ policy, which requires the
              circumstances to which a claim relates to occur during the period of insurance
              whilst the notification of event can occur at any time subsequently, the Project
              Sponsor must maintain the policy during the Agreement Period.
         (e)  The Project Sponsor must ensure that any subcontract entered into by the
              Project Sponsor in relation to this Agreement places on the subcontractor, in
              respect of the subcontractor’s activities, the same or similar obligations about
              insurances, as this clause 15 places on the Project Sponsor.
15.2     Copies of insurance
         The Project Sponsor must, on request, promptly provide to the Service Provider any
         relevant insurance policies and certificates of currency for inspection.

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Section 25

16.      Suspension or termination
16.1     Suspension or termination of Deed
         (a)   The parties acknowledge that this Agreement is automatically terminated as
               and when:
               (i) | the Deed or Agreement for Services is terminated;
               (ii) | any contractual agreement between the Service Provider and the
                     Commonwealth in relation to the Project is terminated; or
               (iii) | the Commonwealth makes a written direction requiring that this
                     Agreement be terminated.
         (b)   The parties acknowledge that this Agreement is automatically suspended as
               and when:
               (i) | the Deed or Agreement for Services is suspended; or
               (ii) | any contractual agreement between the Service Provider and the
                     Commonwealth in relation to the Project is suspended.
16.2     Termination for default
         (a)   Without limiting any other rights or remedies a party may have against the
               other party arising out of or in connection with this Agreement, a party may
               terminate this Agreement effective immediately by giving notice to the other
               party (the defaulting party) if:
               (i) | the defaulting party breaches a material provision of this Agreement
                     where that breach is not capable of remedy;
               (ii) | the defaulting party breaches any provision of this Agreement and fails
                     to remedy the breach within 14 days after receiving notice requiring it to
                     do so;
               (iii) the defaulting party fails, or is failing to, deliver a Project in accordance
                     with the terms of this Agreement;
               (iv)  in the opinion of the party, a Conflict of Interest exists which would
                     prevent the defaulting party from performing its obligations under this
                     Agreement; or
               (v)   an event specified in clause 16.2(c) happens to the defaulting party.
         (b)   Without limitation, for the purposes of clause 16.2(a), each of the following
               constitutes a breach of a material provision (as applicable):
               (i) | breach of warranty under clause 3 (Warranties and representations)
               (ii) | a failure to comply with clause 4 (Conduct of the Project);
               (iii) a failure to notify the other party of a Conflict of Interest under
                     clause 4.9 (Conflict of Interest);
               (iv)  a failure to comply with clause 5 (Provision of services by the Service
                     Provider);
               (v)   a failure to comply with clause 6 (Contributions), including a failure to
                     provide either in-kind or monetary contributions;
               (vi)  a failure to comply with clause 7 (Work, health and safety);
               (vii) a failure to comply with clause 10 (Audit and Access);
               (viii) a failure to comply with clause 12 (Confidential Information);

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Section 26

(ix)  a failure to comply with clause 13 (Personal Information); or
              (x)   a failure to comply with clause 15 (Insurance).
         (c)  Aparty must notify the other party immediately if:
              (i) | the party being a corporation, there is any change in the direct or
                    indirect beneficial ownership or control of the party;
              (ii) | the party disposes of the whole or any part of its assets, operations or
                    business other than in the ordinary course of business;
              (iii) | the party ceases to carry on business;
              (iv)  an Insolvency Event occurs in relation to the party; and
              (v)   where the party is a partnership, any step is taken to dissolve that
                    partnership.
16.3     After termination
         On termination of this Agreement:
         (a)  the parties must immediately stop work on the Project; and
         (b)  the Project Sponsor must deal with the Service Provider's Confidential
              Information as reasonably directed by the Service Provider.
16.4     Termination does not affect accrued rights
         Termination of this Agreement does not affect any accrued rights or remedies of a
         party.
17.      Enforcement
         Without limiting any other rights or remedies that the Commonwealth or the Service
         Provider may have arising out of or in connection with this Agreement or the Deed,
         the parties agree that:
         (a)  clauses 7.4 (Notifiable Incidents), 10 (Audit and access), 11 (Promotion and
              publicity), 12.2 (Exceptions to obligations) and 16 (Suspension or
              Termination), are held on trust by the Service Provider for the
              Commonwealth; and
         (b)  the Service Provider may enforce those rights in the name of and for the
              benefit of the Commonwealth, as directed by the Commonwealth under the
              Deed.

18.      Notices and other communications
18.1     Service of notices
         A party giving notice or notifying under this Agreement must do so in English and in
         writing or by email:
         (a)  directed to the other party’s contact person at the other party’s address, and
              to the Commonwealth's contact person at the Commonwealth's address as
              applicable, (as set out in the Agreement Details and as varied by any notice);
              and
         (b)  hand delivered or sent by prepaid post or email to that address.
18.2     Effective on receipt
         A notice given in accordance with clause 18.1 takes effect when it is taken to be
         received (or at a later time specified in it), and is taken to be received:

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID BO270003901G TEMS5191 issued 09/04/2015                                    page 26

Section 27

(a)   if hand delivered, on delivery;
                          (b)   if sent by prepaid post, on the second Business Day after the date of posting
                                (or on the seventh Business Day after the date of posting if posted to or from
                                a place outside Australia); or
,                         (c)   if sent by email, at the time when the email becomes capable of being
                                retrieved by the addressee,
                          but if the delivery, receipt or transmission is not on a Business Day or is after
                          5.00pm on a Business Day, the notice is taken to be received at 9.00am on the next
                          Business Day.
                  19.     General provisions
                  19.1    Survival of provisions
                          (a)   Termination or expiry of this Agreement for any reason does not extinguish or
                                otherwise affect any rights of either party against the other which accrued
                                prior to the time of termination or expiry or otherwise relate to or may arise at
                                any future time from any breach of non-observance of obligations under this
                                Agreement which arose prior to the time of termination or expiry.
                          (b)   The following clauses survive the expiry or termination of this Agreement:
                                (i) | clause 1 (Definitions and interpretation);
                                (ii) | clause 5 (Provision of services by the Service Provider);
                                (iii) | clause 9 (Records and survey);
                                (iv)  clause 10 (Audit and access);
                                (v)   clause 11 (Promotion and publicity);
                                (vi)  clause 12 (Confidential Information);
                                (vii) clause 13 (Personal Information);
                                (viii) clause 14 (Proportionate liability);
                                (ix)  clause 15 (Insurance);
                                (x)   clause 16.3 (After termination);
                                (xi)  clause 16.4 (Termination does not affect accrued rights);
                                (xii) clause 17 (Enforcement); and
                                (xiii) clause 19.6 (Relationship).
                  19.2    Varying this Agreement
                          Subject to clause 4.5(b), this Agreement may only be varied in writing signed by
                          each party.
                  19.3.   Assignment and novation
                          A party may only assign its rights or novate its rights and obligations under this
                          Agreement with the prior written consent of the other party.
                  19.4    Counterparts
                          This Agreement may be executed in counterparts. All executed counterparts
                          constitute one document.

                  Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
                  Project ID BO270003901G TEM5191 issued 09/04/2015                                     page 27

Section 28

19.5     Entire agreement
         This Agreement constitutes the entire agreement between the parties in connection
         with its subject matter and supersedes all previous agreements or understandings
         between the parties in connection with its subject matter.
19.6     Relationship
         (a)  The parties must not represent themselves, and must ensure that their
              officers, employees, agents and subcontractors do not represent themselves,
              as being an officer, employee, partner or agent of the other party, or as
              otherwise able to bind or represent the other party.
         (b)  This Agreement does not create a relationship of employment, agency or
               partnership between the parties.
19.7     Taxes, duties and government charges
         Each party bears its own obligations in relation to all taxes, duties and government
         charges imposed or levied in Australia or overseas in connection with this
         Agreement.
19.8     Disclosure of information
         Notwithstanding any other provision of this Agreement, the Project Sponsor
         consents to the Service Provider disclosing information about this Agreement,
         including Personal Information, to an Agency where such information is required to
         be reported by that Agency.
19.9     Governing law and jurisdiction
         This Agreement is governed by the law of Queensland and each party irrevocably
         and unconditionally submits to the non-exclusive jurisdiction of the courts of the
         Queensland.

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID B0270003901G TEMS5191 issued 09/04/2015                                    page 28

Section 29

Part B — Project specific terms and conditions
| Parties to this agreement can insert any additional terms and conditions in this Part _|
| B. The terms and conditions in this Part B must be consistent with Part A. As stated at
| clause 1.3 of Part A, Part A takes priority over Part B.            :          as
| If the parties do not wish to add any other clause, please insert the Project name and —
| Project ID below and follow with the words “No Project specific terms and conditions —

 Project name: Managing weed threats from bushland reserves and coastal habitats in
 Noosa LGA
 Project ID: BO270003901G

 Definitions
         In this Agreement, except where the contrary intention is expressed, the following
         definitions are used:

        [insert additional     [insert definition]
              eb ee
        defined terms]

 Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
 Project ID B0270003901G TEM5191 issued 09/04/2015                           page 29

Section 30

Schedule 1 — Agreement Details

 1. | Service Provider | 1.1            Manpower Service (Australia) Pty Ltd
      details                           ABN: 15 071 884 994
 2. | Service Provider | 1.1            Name: Kylie Davies
       mopepeantiative                  Position: Programme Manager Green Army
                                        Phone: 03 8633 4008 mob: 0427 647 985
                                        Fax: 03 8633 4001
                                        Email: Kylie. [email protected]
 3. | Project Sponsor       1.1         Name: Noosa Shire Council
       —                                ABN: 97969214121
 4. | Project Sponsor | 1.1             Name: Ms Jan Maddin
       Representative                   Position: Environment Officer (Rivers & Coast)
                                        Phone: 07 5329 6221
                                        Email: [email protected]
       Subcontractors                   Not applicable
       Confidential         12          Service Provider’s Confidential Information: No
       Information                      Project Sponsor’s Confidential Information: No
7.                          15          As at the Commencement Date:
                                            (a) to the extent required by Law, workers’
                                               compensation insurance in respect of the
                                               Project Sponsor’s liability for any loss or claim
                                               by a person employed or otherwise engaged,
                                               or deemed to be employed or otherwise
                                               engaged, by the Project Sponsor in
                                               connection with the Project;
                                            (b) general and products liability insurance
                                               covering legal liability (including liability
                                               assumed under contract) for loss or damage
                                               to property or injury or death to persons
                                               arising out of or in connection with carrying out
                                               the Project for an insured amount of
                                               $400,000,000 per occurrence and not less
                                               than $400,000,000 in aggregate; and
                                            (c) professional indemnity insurance for an
                                               insured amount of $300,000,000 per claim and

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID B0270003901G TEM5191 issued 09/04/2015                                   page 30

Section 31

ee                                          el
                                                 claims made basis and held for a period of 1
                                                 year.
        Address for          18.1         Service Provider:
        notices                           Name: Kylie Davies
                                          Position: Programme Manager Green Army
                                          Postal address: Level 6, 312 St Kilda Rd Melbourne
                                          Victoria, 3004
                                          Physical address: Level 6, 312 St Kilda Rd Melbourne
                                          Victoria, 3004
                                          Fax: 03 8633 4001
                                          Email: Kylie. [email protected]
                                          Project Sponsor:
                                          Name: Ms Jan Maddin
                                          Position: Environment Officer (Rivers & Coast)
                                          Postal address: PO Box 141, Tewantin, QLD 4565
                                          Physical address: 9 Pelican Street, Tewantin, QLD
                                          4565
                                          Email: [email protected]
                                          Commonwealth (as set out in the Agreement for
                                          Services):
                                          Name: Department of the Environment
                                          Position: Director Green Army
                                          Postal address: GPO Box 787 Canberra ACT 2601
                                          Physical address:
                                          Fax: 02 6274 1094
                                          Email: [email protected]

‘Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats inNoosaLGA.
 Project ID B0270003901G TEM5191 issued 09/04/2015                                    page 31

Section 32

Schedule 2 — Project Particulars

 ay       Project

 1.1      Project identification
  Project Name        Managing weed threats from bushland reserves and coastal habitats in
                      Noosa LGA
  Project ID no.      B0270003901G

 dae      Project description
  The urban-bushland-coastal interface is an area of intense pressure from the impact of
  weeds (and litter) which degrade these important habitats and threaten biodiversity.
  The Green Army team will work in collaboration with Council, local bushland care volunteer
  groups and shorebird survey volunteers to reverse the trend of the loss of biodiversity in the
  local area.

  2       Project Outcomes
  e   Reducing the impacts of Weeds on National Significance within the bushland reserves
  e   Support the protection and conservation of nationally threatened species, ecological
      communities and migratory species
  e   Foster intergenerational learning, mentoring and skill sharing between the Green Army
      Team, local conservation volunteers and Council

2.        Project Period

 The Project commences on the Commencement Date and ends no later than 31 October
 2015.

3.       Approvals (clause 3.2(a)(i))

 3.1      Significant Heritage / Environmental Listings
 The Project Sponsor has identified that the following heritage or EPBC listings and
 approval/mitigation measures relevant to this project:
                                                                          Approvals /
  Significant Heritage /                                                  Mitigation
  EPBC listing                                                            Measures /
                                                                          Responsibility

 Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
 Project ID B0270003901G TEM5191 issued 09/04/2015                                   page 32

Section 33

nationally threatened       e    Richmond Birdwing Butterfly - Commonwealth | Project Sponsor
 species or endangered           listed
 ecological community         e   Glossy Black Cockatoo - State listed
 (EEC), or protected          e   Cascade Tree Frog - State listed
 migratory species            e  Wallum froglet - State listed
                              e   Koala - State listed
                              e   Richmond Birdwing Butterfly Vine
                                  (Pararistolochia praevenosa) - State listed
                              e   Elf Skink - State listed
                             Communities
                              e   Lowland Rainforest of Subtropical Australia
                              Migratory Species
                              e   Little Tern
                              e   Common Tern
                              e   White-winged Black Tern
                              e   Pacific Golden Plover
                              e   Bar-tailed Godwit
                              e   Sharp-tailed Sandpiper

3.2       Planning Permits and Approvals
The Project Sponsor has identified the following planning permits, approvals, licences, are
required to undertake the project:
                                                                           Necessary
 Approval / Permit /                                                       permits/approvals
 Licence Required                                                          required to undertake
                                                                           the Project
 NA                              All Council owned land or land            NA
                                 managed on behalf of the Queensland
                                 Government

The Project Sponsor has identified there are no other planning permits, approvals, licences
required to be obtained relevant to this project.

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID BO270003901G TEM5191 issued 09/04/2015                                              page 33

Section 34

4.        Work Plan
4.1        Project activities, timing, & training*
      ACTIVITY and MilestoneTasks                                                  Milestone                  Training (Service              Training (Sponsor)
                                                                                   Completion                      Provider)

                                                                                                         Native plant & weed ID            Existing condition mapping -
 Site safety induction (each site)                                                    May 2015           Cultural awareness                sharing of local knowledge
                                                            All sites                                    Weed control techniques         Weed control methods
                                                                                                         identified                        identified
 Site assessment and meet Bushland Care Group                                         May 2015
volunteers                                                                               y
                                                      Noosa North Shore,                                 Fauna survey techniques           Local ecological knowledge
 Mirgatory Shorebird habitat                         Migratory Shorebird -        September 2015                                           sharing — bird ID and
                                                          survey sites                                                                     surveying techniques

              s           ae                                                                             Native plant & weed ID            Existing condition mapping -
 Target weed infestations identified                                                 June 2015                                                 :
    g                                                       Alsi                                         Weed control techniques           sharing of local knowledge
                                                             I sites                                     identified                        Weed control techniques
 Target weeds prioritised for control                                                June 2015                                             identified
 Weed Management (50 hectares)
 Weed control methods undertaken                            Allsites                October 2015         Cultural awareness                Local site-specific weed
 (20 sites, 5 visits per site)                                                                                                             control ID and techniques

 Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
 Project ID BO270003901G TEM5191 issued 10/03/2015                                                    page 34

Section 35

Chemical use
Herbicide use documented                                                          October 2015          Native plant & weed ID
                                                                                                        Weed control techniques
Debris (litter) Collection (as required)
                                                     Noosa North Shore,
Foreshore litter collection (particulary plastics)   Migratory Shorebird          October 2015
                                                           habitat
Site preparation (50 hectares)
                                                                                                       Native plant and weed ID         Local knowledge sharing -
                                                                                                       Site preparation techniques      plant & weed ID
                                                                                                         i                              Site specific preparation
Site prepared for revegetation                            All sites                 June 2015          oh a and storage of              techniques
                                                                                                       Weed control techniques
                                                                                                       Use of hand tools

Plants sourced & on site                                                            July 2015          Native plant and weed ID          Local eae ;
                                                         As required                                   Planting establishment &          Pe           es
Planting of stock and supporting materials          (dependent on specific         August 2015         maintenance techniques
                                                       site conditions)                                Use of hand tools
Post planting assessment & maintenance                                           September 2015
Water quality survey and assessment (2 reports)
 Sik esters (ec) ~ysioa an                                                      May - October 2015 | Water sampling techniques        | Local knowledge on
SASHICE RELMEIS                                                                                         Analysis of water quality data              ee
Reporting on data collected                                                       October 2015          Validating data                        q

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID BO270003901G TEM5191 issued 09/04/2015                                                   page 35

Section 36

conditions

 Reporting
  :          :                                                       ‘                                             Setting up reporting templates       Support and advice on
Site evaluation — before and after photos                        All sites                  October 2015                                                reporting requirements
  i             -                                                                                                                                             ;        :

*See Appendix 4 — Green Army Works Program depicting the schedule for Green Army participation on specific project sites

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID B0270003901G TEMS5191 issued 09/04/2015                                                              page 36

Section 37

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Section 38

iar easy                             «(LONG HSBNOOT
                    —iar26ae68 ——~S*YLONGWSBOBOS
PS ~*dua-2ea1                                         «YONG Hears                        CS
                    i tarzeaeer                     «LONG TSBOOTS
PC                  dtarizeaees                         [LONG      00875
Pp                —~iuar-263620                         LONG 1530708

 features                e   Some sites have poor mobile phone reception
                         e   Public open spaces — potential interactions
                         e   Doggy Beach — offleash area

Map:                     l=en&hl=en&mid=z-wsRXxvhY_I.kKSRwLfG-BGOE

                         facilities at Barge site)

a
 at the site             their regular weeding and planting activities).

                         regular migratory shorebird surveys.

5.        Service Provider’s obligations (clause 4.3)
 5.1      Training for Participants
          The Service Provider will provide Participants with the following training:
          (a)   work health and safety training;
          (b)   cultural awareness training
          (c)   accredited first aid training;
          (d)   informal training including following competencies e.g.:

 Poet Berni ee. tnaaneee                threats from bushland reserves and coastal habitats in Noosa LGA. page 38

Section 39

(i) | Native plant and weeds identification
              (ii) | Planting techniques and establishment maintenance
              (iii) | Weed control techniques
              (iv)  Fauna survey techniques
              (v)   Apply chemicals under supervision
              (vi)  Use of hand tools
              (vii) Report writing techniques
              (viii) Water sampling techniques (including analysis and validating water
                    quality data)

§.2      Safe chemical use training
         (a)  All participants will require training in the safe use of chemicals.
         (b)  Details of training need:

5.5     Team Supervisor’s responsibilities
         Project specific responsibilities for the Team Supervisor in addition to those
         identified within the standard terms and conditions (Clause 4.8) include:
         a) Team behaviour / interactions around private landholders (whilst in reserves
            which back onto residential properties)

5.4      Provision of team PPE Kit
         The following equipment for Team Supervisor and Participants will be supplied by
         Service Provider:

         in eee

 acta      ante ret * A     tee       threats from bushland reserves and coastal habitats in Noosa LGA. nape 38

Section 40

6.       Project Specific Items (clause 5.3)

   6.1     Value and purchase of Project Specific Items
           The Service Provider will purchase Project Specific Items not to exceed a value of
           $10,000 (inclusive of GST) as outlined in the original Project application to the
           Department of the Environment.

   6.2     Project Specific Items
           The following Project Specific Items will be purchased by the Service Provider for
           the Project (consumable items used by the Sponsor), or provided for use by the
           Sponsor (returning to Service Provider at Project completion)

                                    em                  om        |       me oon
                                                     (inc. GST)            (inc. GST)
              a                i                         ann
   (Roundup Bioactive) 20L

   eG) =         an sae Sealensen
  per pack)?
[ree quis       operand) |e                  |          wo        ~(|    om
  Project ID B02700039016 TEMGI01 Issued OOOU20TS am serves and coasia hablaisinNoosaLGA, ge 40

Section 41

Chemical spray packs (15)

Planting tools (mattock /
Hamilton planter)

Weeding knife

Note: Costs for materials are indicative only for planning purposes and include specific item, sourcing and
delivery costs. Actual costs may vary once sourced/obtained and as a result may impact on the items/quantity
able to be supplied within the allocated Project Specific Materials budget (Refer 7.1). All tools and equipment are
considered capital items and will be retained by the Service Provider at project completion and made available to
follow-on project teams.

6.3      Material details
The sourcing, purchasing and delivery of the project specific materials will be undertaken by:
    a) the Service Provider as per an agreed project specific material list.

Other details regarding the provision of materials or tools and equipment are as follows:

7.       Contributions (clause 6)

7.1      Project Sponsor Contributions
         (a)    Project Sponsor Contributions must include:
                (i)   all Project costs, other than:
                      (A)   the labour costs of the Participants and Service Provider; and
                      (B)   those costs which are the responsibility of the Service Provider
                            under this Deed or in the Agreement for Services, including those
                            costs in relation to the acquisition and operation of any Project
                            Specific Items as specified in Item 7 of the Project Particulars;
                (ii)  all equipment, materials, items, plants, and tools reasonably needed for
                      the undertaking of the Project, other than that equipment stated as
                      being the responsibility of the Service Provider as specified in Item 5.4
                      of the Project Particulars; and
                (iii) | providing advice to the Service Provider in relation to the undertaking of
                      the relevant Project.

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID BO270003901G TEM5191 issued 09/04/2015                                           page 41

Section 42

(b)   The total amount of the Project Sponsor Contributions is $10,766(exclusive of
                GST) and must be in accordance with the following table.

                                                 .       :          Date of        Value ($)

  Council's Bushland Care Program                                  S5 weeks
  Coordinator (works schedule for each site x  Raab @ =         commencing 13       $10,000
  1, site specific safety inductions)              a               April 2015
  Transport costs to Noosa North Shore (Ferry,
  permit fee, additional car)                       10          September 2015        $250

  Disposal of litter bags                                          May 2015           $500

 OCO™OCC*dSCSSCSCSCSC*@                                         Ct foc) | $10,768

 LZ       Other Contributions
 Contributions to the project apart from the Sponsor contributions shown above at 8.1

 7.3      Contribution details
 Details relevant to sourcing Project Sponsor Contributions:
  The Project Sponsor is responsible for sourcing the contributions listed in clause 7.1 above.

 7.4      Collaborating organisations
                                                             Contribution
  Bushland Care Program Volunteers         Project support, advice and knowledge sharing
  Shorebird study volunteers               Project support, advice and knowledge sharing

 {5       Site Meetings
 Timing and method of Site meetings or progress discussions to be held between Project
 Sponsor (or their representative) and the Team Supervisor.

 The Project Sponor representative (Bushland Care Program Coordinator) will meet with the
 Team Supervisor at least once per week, and / or at the start of works at each site.

8.        Media protocols (clause 11.1)

 Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
 Project ID B0270003901G TEMS5191 issued 09/04/2015                                     page 42

Section 43

The Department of the Environment's media team can be contacted:
           (a)    by phone on (02) 6275 9880; or
           (b)    by email at [email protected].          Risk Management Plan

 Refer to Appendix 3

 Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
 Project ID B0270003901G TEM5191 issued 09/04/2015                                                     page 43

Section 44

Execution page

EXECUTED as an agreement

SIGNED SEALED AND DELIVERED by
Manpower Services (Australia) Pty Ltd
ABN 15 071 884 994 in accordance with
section 127(1) of the Corporations Act
2007 (Cth) by

Aditya Deepak
Name of Director (print)

Signature of Director
10" April 2015
Date

SIGNED SEALED AND DELIVERED by
Noosa Shire Council ABN: 97969214121
in accordance with section 127(1) of the
Corporations Act 2001 (Cth) by
                                           in the presence of:

    —
   Tomine Maa)                                  Kerr:    Coyle.
Name of authorised representative (print) | Name of witness (print)
    ( En ati      q   ,                           Ki Coxypks
Signature of authorised representative     Signature of witness

     J6 st     J oe                                10 [15
Date                                       Date

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID B0270003901G TEM5191 issued 09/04/2015                                  page 44

Section 45

Appendix 1 — Site Location Map
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        Noosa Council LGA - Green Army 2015 Project Sites.

0  2,000 4,000 6,000
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        Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
        Project ID B0270003901G TEM5191 issued 09/04/2015                                                                page 45

Section 46

Appendix 2 — Certificates

Certificate of Currency
Certificate of Currency for Noosa Shire Council for Public and Products Liability Policy
$400,000,000 cover through Jardine Lloyd Thompson Pty Ltd Policy # NOOSA0000248
expiry 30 June 2015 provided under separate cover.

National Police Check, Working With Children Check

[insert details for relevant persons and results for checks undertaken]

Approvals Obtained

[insert correspondence or approvals as required]

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID BO270003901G TEM5191 issued 09/04/2015                                      page 46

Section 47

Appendix 3 — Risk Management Plan

     As required under Clause 4.7 (a) of the Project Agreement, the parties must perform the
     Project in accordance with a Risk Management Plan. This plan addresses risks that impact
     on achieving project outcomes.
     A Project Specific Risk Management Plan is included below. The Plan lists the sorts of
     project risk as identified by the Sponsor during the application process, in addition to those
     identified by the Service Provider. This plan is to be reviewed by the Sponsor within 10 days
     of signing this Project Agreement, and then updated within the MERIT online reporting tool
      by the Service Provider during the life of the project with input from the Project Sponsor. The
     agreed Risk Management Plan for the project will then be found at:
      https://fieldcapture.ala.org.au/
Re                                      Mitigation & Responsibilities
      e   Injuries or adverse health        e   All potential injuries and health impacts, mitigation measures
          impacts to Green Army                 (including PPE), responsibilities and actions to be identified
         Participants                           and described in the Project's Work Health and Safety Plan
          For example: slips, trips and     e   Ensure that all site activities reference the agreed project-
          falls; working in hot                 specific WHS Plan, prior to any work on the project site(s),
          conditions; diseases, bites &         and that the WHS Plan includes an Emergency Plan
           tings; falling objects;                                ,;                        .
          ae c Ing.      brooks anal        e    Ensure that all parties and the Green Army Participants are
          handling; hand tools and                                          °        ;       .       .
                      ae                        aware of and understand the intent and information contained
          power tools, injuries from                                   :               5
                    .                            in the WHS documentation. Team Supervisor to ensure
          sharps etc;                                                                    a   aa
                                                appropriate protocols and measures as outlined in this
                                                documentation are followed by Participants
                                            e    Service Provider to ensure Participants have appropriate PPE
                                            e   The Team Supervisor and the Project Sponsor representative
                                                to confirm at a site meeting and prior to commencement of
                                                 any work by Participants, the project-specific risks and
                                                 mitigation measures outlined in a Site Safety Assessment
                                                 and Job Safety Assessment prepared by the Service Provider
                                            e    Training provided to Participants for activities and risks
                                                 identified in the WHS Plan provided by the Service Provider at
                                                 induction
                                            e    The WHS Plan to provide emergency contact/response
                                                 information.
                                            e    Team Supervisor to re-assess and manage Participants on
                                                 the site in regards to injury risk and hazards on a day-to-day
                                                 basis as necessary depending on immediate and expected
                                                 site conditions and tasks.
                                             e   Team Supervisor to report all near misses and safety
                                                 incidents to the Project Sponsor and Service Provider within
                                                 24 hours of occurrence.

      e   Participants unable to be          e   Vehicle use protocol/guidelines developed by Service
          transported to site                    Provider and in place including use for daylight hours travel.

      Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
      Project ID BO270003901G TEM5191 issued 09/04/2015                                                 page 47

Section 48

For example: vehicle not                 Drivers follow protocols on drugs/alcohol/mobile phone use
      available due to accident,                                        j    i                        i
              3                           e    Central/accessible collection point chosen. Team Supervisor
      mechanical breakdown,                         ;     ay                             ‘
      maintenance (inc, fuel),                ensuring minimal wasted trips. Service Provider to ensure
      vandalism or theft: driver or            contingency transportation is available
      supervisor not available            e — Service Provider to check driver licences and appropriate
                                               certification of Team Supervisor and secondary drivers of
                                               Participants’ transport
                                          e    Service Provider provision of transport vehicle in good working
                                               order. Team Supervisor to ensure vehicle is fuelled and
                                               Participants keep the vehicle tidy on a day-to-day basis
                                          e    Service Provider to be responsible for arranging Participant
                                               supervision and activities in the event the Team Supervisor is
                                               unavailable

  e   Plantings fail in longer-term       e    Work Plan prepared by Project Sponsor to maximise medium-
      as no project follow-up                  to longer-term outcomes and use best endeavours to link with
                                               past and future works at the location including arrangements
                                               to provide maintenance through plant establishment phase
                                          e    Project Sponsor and Service Provider to maximise
                                               engagement of the community to support outcomes and
                                               possibly enhance additional resource and reduce
                                               vandalism/destruction in longer-term
                                          e    Service Provider to liaise with Project Sponsor to provide
                                               advice where necessary on maximising longer-term value of
                                               the project works including success of the propagation,
                                               establishment and post-establishment maintenance
                                               techniques. Participants provided with learning from Team
                                               Supervisor, mentoring from Project Sponsor in revegetation
                                               and rehabilitation techniques to maximise longer-term
                                               effectiveness
  e   Number of community                 e    Work Plan prepared by Project Sponsor to clearly identify
      events not reached or poor               nature/timing/responsibility for community events; and in
      response                                 liaison with Team Supervisor, events structured to encourage
                                               participation (e.g. Participants work Mon-Fri, volunteers
                                               usually weekends)
                                          e    Events well promoted by Project Sponsor
                                          e    Reporting of event prepared by Project Sponsor and
                                               distributed to Service Provider and media
  e   Environmental and heritage          e    Work Plan for all key activities agreed prior to start of site
      impacts                                  preparation or weed clearing identifying key environmental
      For example: over-clearing               sensitivities; and sustainable work practices. ;
      resulting in re-invasion of         e    Training by Team Supervisor (assisted by Project Sponsor
      weed species or erosion;                 where applicable) on weed species identification and best
      incorrect species removal;               practice techniques to minimise disturbance (e.g.
      soil compaction and damage               technique/timing/wet & dry areas etc.) and inadvertent spread
      to ground cover; damage to               of weed plant material and seeds
      PreviGus TewegetAllon Work          e    Chemical use training to be provided by Service Provider.
                                               Ongoing learning and mentoring provided by Team

‘Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in NoosaLGA. SSS
  Project ID B0270003901G TEM5191 issued 09/04/2015                                                      page 48

Section 49

Supervisor and Project Sponsor including procedures for
                                             spraying and potential impacts on watercourses, aquatic
                                             fauna. Recording and reporting of chemical use and spraying
                                             activities by Team Supervisor.
                                         e   Project Sponsor to advise on site-specific protocols for soil
                                             hygiene to be followed as required, sourcing of nursery plants
                                             to ensure disease-free, sourcing of mulch or soils from
                                             disease-free location
                                         e   Reporting by Team Supervisor of any environmental damage
                                             immediately to Project Sponsor and Service Provider
e   Project-specific materials           e   Service Provider to source alternate suppliers for project-
    not available                            specific materials
     For example: fail to be             e   Several suppliers identified to ensure plant supply demand
    delivered or arrive late                 can be met
    causing delays: Piet                 e   Early advice provided from Project Sponsor to Service
    Sponsor contribution for                 Provid          difficulties     idina Proiect S
    materials fails to occur: Plant            - ‘ on any difficulties in providing  Project Sponsor
    propagation failures                     Meteriene
e   Project deliverables under           e   Work Plan prepared by Project Sponsor to clearly indicate
    exceed capacity / fail to                milestones for activities and when they are to be achieved
    met projec outcomes                  e   Project outcomes revised/reviewed in the light of reasonable
                                             expectations given the site and resources, by Project Sponsor
                                             and Team Supervisor with input from Service Provider
                                         e   Appropriate training in techniques and monitoring by Team
                                             Supervisor to ensure a reasonable and consistent output from
                                             Participants is achieved
                                         e   Team Supervisor to monitor work undertaken and report as
                                             required to the Service Provider and Project Sponsor
e   Climatic/seasonal factors            e   Team Supervisor/Project Sponsor to provide learning and
    limit project outcomes                   mentoring on techniques to increase plant establishment
     For example: fail to establish          success i  diy Seasons
    plants in dry or drought             e   Work Plan prepared by Project Sponsor with input by Service
    conditions; storm flooding;              Provider to address timing and expected seasonal factors and
    timing of planting out of step           developed with flexible work arrangements to cater for
    with seasonal patterns; loss             forecast inclement conditions
    due to bushfire

e    Materials costs exceeding           e   Early reporting by Project Sponsor of any budgetary
    funds available                          difficulties and responses will be implemented, including re-
                                             prioritisation of expenditure, and sourcing additional funding.
                                         e   Updates on work completion against planned milestones will
                                             be provided to the Service Provider by Project Sponsor
                                         e   The budget has allowed for a minor increase in costs
                                             associated with the major works. If there is a substantial
                                             increase in costs, the Service Provider will review the project-
                                             specific materials provided and reallocate according to the
                                             maximum amount provided in the Project Agreement

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID B0270003901G TEM5191 issued 09/04/2015                                                       page 49

Section 50

e   Damage to project site              e   Project Sponsor to identify to Team Supervisor any
    infrastructure and property             infrastructure and or property that could be potentially
                                            impacted by the Participants or the work undertaken as
                                            required
                                        e   Service Provider, Project Sponsor and any contractors
                                            required to have public liability insurance to cover damage to
                                            any Project site infrastructure and property
e   Team Supervisor or                  e   Service Provider to assess health and capability for Team
    Participants unavailable or             Supervisor to complete the full Project period
    norte oe ee              on         e   Service Provider to have contingencies in place for rapid
                }        ‘                  recruitment and placement of Participants and alternate /
                                            replacement Team Supervisor(s)
                                        e   Team Supervisor to ensure newly inducted participants can
                                            quickly follow and adopt agreed WHS procedures and
                                            protocol including measures in SSA and JSA
e   Competing time demands              e   Work Plan to realistically outline project outcomes including
    for Team Supervisor to                  realistic tasks to be achieved by the Participants in the time
    adequately supervise team               provided
                                        e   Team Supervisor to inform Service Provider and Project
                                            Sponsor where they feel tasks are unreasonable, or unlikely
                                            to be completed in the planned timeframe
e   Poor or inconsistent                e   Project parties to respond to requests in a timely manner to
    communication between                   ensure smooth flow of communication and on-ground works.
    project partners, leading to                         .          .                    .
    dupleation of efor.     s- |                              ee ean Se OMe MR Soares
    optimal outcomes
e   Delays or difficulties              e   Work Plans developed by the Project Sponsor to indicate
    encountered where works                 phasing or staging of tasks
    ars inser dependent                 e   Team Supervisor to ensure priority tasks completed in
                                            accordance with the agreed Work Plan
e   Negative press about the            e   Media and information to follow protocols developed by
    project impacting on ability            Department of Environment
    & Cartel pants ie eet               e   Team Supervisor to ensure that Participants do not speak
    project milestones                               :          :
                                            directly with the media
e   Plant pests destroy                 e   Work Plan prepared by Project Sponsor to specify protection
    plantings and reduce ability            requirements and materials as required
    to achieve project
    outcomes

e   Project Sponsor and/or key          e   Project Agreement in place documenting procedures in case
    stakeholders pull out of                Project Sponsor, Service Provider and/or key stakeholders
   Project                                  withdraws from the Project
                                        e   Any significant project issues to be raised by parties early so
                                            as to seek a resolution

Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA.
Project ID BO270003901G TEM5191 issued 09/04/2015                                                    page 50

Section 51

Appendix 4 — Works Program
 i

                                                       Bushland Care Green Army Works Program 2015

JBoreenpe       faavosyasf TT syosyasl                                          axonal                 ayoarssl      TT vooss| ST CT CE CCT CS
Joamerati  TT aaosyas|                TP asrosyasf TT Parvorrasl TT azyoarss|                                                          Cd avons]      dT SCT SCY          Cd
feinkin               aojossasf TT Psyosyasf                             TP aojorasl                 TT     aayoarsl TC tovooas|                       |   SCT SCT CS
 [Heritage Park   | 2ovosyasf TT Pzyosyasl                               TP ayorasl I                                aoarsl        Td ars’                 Cd SSCS CCS
JPeregiancreek   [|      zavosyasf TTF apvomsasf TT asvorrasl                                                      toast          |  Sd) CSSSC~«*dSsC evans’ sd  SCSCiYCOSCSC~*S
JParkedgeRoad fT asvosasf TT                                 asowrasf TT ayorras|                      TC oyoaasl                 |  Sd) SC*dSC roast         |  Sid SSCSC~S™

 [Doggy BeachNoosaspitl fT syoeyasf TT ayorsasf                                         I ayoaras[ TT arvoeris|                                                avast
 [wallace Park    {YT sfoeas} PD spor                                                                 Syomast                       oss] TT                 =i anya     —_
 Teewah Village No 4wd access for Green Army

 Green Army Project Agreement in relation to Managing weed threats from bushland reserves and coastal habitats in Noosa LGA
 Project ID BO270003901G TEM5191 issued 10/03/2015                                                           page 51

Section 52

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