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Academic year: 2023



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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chamber on April 28, 2020. A MOTION WAS MOVED BY COUNCIL COLLINS OAM AND DETAILED BY COUNCIL JETHI THAT the minutes of the Ordinary Meeting of the Council held on April 14, 2020 be confirmed. MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 28 April 2020.

The minutes of the above meeting were confirmed at the meeting of the council on May 12, 2020. The council authorizes the mayor and the general manager to execute financing agreements (in accordance with the model financing agreement provided as Appendix 7 to this report) with relating to each of the nominated infrastructure projects, if approved for accelerated infrastructure financing by the Minister of Planning and Public Domain. Name Crown in law of the State of New South Wales through the Department of Planning, Industry and Environment.

The Department has agreed to provide the Council with funding from the Accelerated Infrastructure Fund to facilitate Council's implementation of the Project.

Definitions and Interpretation

GST Act" means a New Taxation System (Goods and Services Tax) 1999 (Cth), related legislation and any delegated legislation made in terms of such legislation. Intellectual Property" means all rights in copyright, patents, registered and unregistered trademarks, registered designs, trade secrets and all other rights of intellectual property as recognized by the Act. a) the common law, including principles of equity; and. Material" means all studies, plans, diagrams, images, drawings, analyses, software and all other information , documents and data however stored or recorded, including all copies and extracts thereof.

Project" means project description as set out in item 2 of Schedule 1. Project Start Date" means the date specified in item 2 of Schedule 1. Project Completion Date" means the date specified in item 2 of Schedule 1. Project Steering Committee" means the group of representatives of the department, the Council and any other relevant body established by these bodies to promote the design, documentation and implementation of the project. Project Materials” means all Material:. a) arising out of or in connection with this Agreement, including (without limitation) any Material created for the benefit of the Project;. Tax Invoice Requirements" means the requirements specified in Item 6 of Schedule 1. Term" means the term of this Agreement, commencing on the Commencement Date and ending on the earlier of:. a) the date on which the Financing Amount has been paid in full and all obligations of the Council have been fulfilled; or. b) the date on which this Agreement is terminated in accordance with its terms.

Unspent Funding” means the Funding Amount paid to the Council, or any part of the Funding Amount, which is unspent at the expiry of the Term.


Provision of Funding Amount


The purpose of this Agreement is to document the agreed outcomes for the Project, including the timing for the payment of the Funding Amount and the completion of the Project. Department” where the context allows, includes officers, delegates, employees and agents and successors of the Department of Planning Industry and Environment (DEP). Without limiting the Department's rights under this Agreement, the Department may by written notice withdraw some or all of the Council's Funding Amount (due as a debt and payable on demand) in any of the circumstances set out in Column A in the table below , but only to the extent set out in Column B in the table below:.

Column A: Circumstance in which some or all of the Funding Amount may be recovered by the. Only to the extent that any part of the Funding Amount has been spent by the Council in contravention of this Agreement. In addition to the Project Freedom of Speech Report, within 2 months of completion of the Project, the Council must provide the Department with any other supporting documentation necessary for the Department to determine whether the Project has been completed.

With regard to conducting an assessment and final evaluation of the Project, the Board agrees to:. a) provide all reasonable assistance required by the department; and (b) provide any information the department reasonably requires.

Project Responsibility

In connection with the implementation of the review and final assessment of the project, the Council agrees to: a) provide all reasonable assistance requested by the Ministry; and (b) provide any information reasonably requested by the Department. a) ensure that appropriate financial and operational records relating to the amount of funding and the project are kept and maintained throughout the period;



Compliance with law

Indemnity and release





Obligations when this Agreement ends

Dispute Resolution


Obligations when this contract ends 14.1 Rights and remedies are not affected. a) in the case of personal delivery - when it is delivered to the address of each party for service and a signature is received as proof of delivery;.

Intellectual Property


Any waiver by a party of a breach of this Agreement will not be construed as a waiver of any further breach of the same or any other provision. The Council undertakes to notify the Department in writing immediately upon becoming aware of the existence or possibility of a conflict of interest and agrees to comply with all reasonable directions from the Department regarding the appropriate handling of the conflict of interest within the time frame determined in writing by the Department. If any part of this Agreement is prohibited, void, illegal or. unenforceable, then that part is severed from this Agreement, but without affecting the continued operation of the remainder of the Agreement.

A party shall not hold itself out to be an employee, partner, agent or representative of the other party. This Agreement is governed by, and must be construed in accordance with, the laws in force in the State of New South Wales. This Agreement may be executed in any number of counterparts which together shall constitute one instrument.

Signed, sealed and delivered for and on behalf of the Crown of the State of New South Wales, but not to incur any personal liability by:. authorized official's name and position) (authorized official's signature). name of the witness) (signature of the witness). authorized official's name and position) (authorized official's signature). name of the witness) (signature of the witness).


Cost control plan/project cash flow. Within 1 month after the start date, the council must submit the project plan to the ministry. The project progress report shall be in the form of a template available to Council and shall include: status of delivery against plan;. any delays in project delivery;. details of project costs incurred to date;. key achievements during the reporting period;. copies of published reports and materials related to the project;. photographs documenting the progress of the project;. such other information as the Ministry reasonably requires; and ix. in the final project progress report,. project achievements The Project Progress Report must be accompanied by copies of all certification reports issued by the Council, where applicable, for all project work carried out. A progress report to be submitted to the Ministry every [insert] months after the project start date.

Project Plan

114-116 Old Pitt Town Road, Box Hill (DA 1530/2018/ZB) for 83 residential allotments, including the construction of the local road network and the new Old Pitt Town Road and Kewney Street intersection. As part of the new roadworks, a new road will be built, Kewney Street, which will provide access to Old Pitt Town Road (Figure 2). Plans of the proposed development have been prepared by TSS Total Surveying Solutions and are shown in the following pages.

The road hierarchy allocated to the road network near the site by Roads and Maritime Services is illustrated in Figure 3. Both sides of Old Pitt Town Road near the site frontage consist of unsealed shoulders. The existing traffic regulations that apply to the road network in the vicinity of the site are illustrated in Figure 4.

The expected additional traffic is distributed via the two intersections near the site as reproduced on the following page. Each lot will be available for on-street parking outside of the designated hours on school days. The adjoining developer then negotiated with the owner of the subject site for the work in question (and the associated easements).

Accept the recommendations of the EOI 20-3 for the nominated four (4) shortlisted firms as detailed in the Confidential Memo attached to this report;. Allow the novation of NBRS Partners Pty Ltd to the Construction Contractor as part of the construction tender package;. An opportunity exists to request contractors to provide a cost estimate for the construction of the 25m pool as part of the entire project.

When assessing the tenders and reporting to the Board, the construction of the 25-metre pool can be considered at that time. There would be no obligation for the municipality to proceed with the construction of the 25 meter swimming pool”. All bidders were required to complete a mandatory site inspection as part of the tender process.

The tender offered by ADCO Constructions provides a competitive price option for the construction of a 25-meter swimming pool of USD 2.499 million excluding contingencies. Due to the increase in the scope of the project, the project required an additional team for the steel structural elements and additional professional design consultancy and reports. In the renovation of the facility, include additional functions defined in Consultation &.


Related documents

Financial Statements 2013 page 8 The Hills Shire Council Notes to the Financial Statements for the financial year ended 30 June 2013 Contents of the Notes accompanying the