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Attachment 1
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QGAP Lead Agency Agreement - Surat and Injune
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THIS AGREEMENT is made:
BETWEEN
STATE OF QUEENSLAND through the Department of Public Works and
Smart Service Queensland (SSQ).
AND
Maranoa Regional Council, PO Box 42 MITHCHELL QLD 4465
BACKGROUND
A) SSQ is
responsible for the co-ordination of QGAP. QGAP is designed from a
whole-of-Government perspective. Individual QGAP sites provide a broad
cross-section of government services from processing transactions to accessing
information from all departments on behalf of local residents.
B) The
Lead Agency has agreed to operate the QGAP sites set out in Schedule 1. The
Lead Agency will be the principal representative of the Queensland Government
in its QGAP site/s for the Service Agencies.
C) The
Lead Agency acknowledges that a QGAP site is provided principally for the
benefit of the local community. In servicing their needs, the Lead Agency will
act on behalf of all Service Agencies without favour ensuring the needs of the
community are met in line with adopted client service standards.
D) The
Lead Agency has agreed to act as the agent of SSQ on the terms and conditions
contained in this Agreement.
AGREED TERMS:
1 DEFINITIONS
AND INTERPRETATION
In this Agreement the following definitions apply:
“Agreement” means this Agreement, and
includes any Schedules or attachments to this Agreement;
“QGAP” means the Queensland Government Agent Program;
“SSQ” means Smart Service Queensland as the coordinating
organisation for QGAP operations across the state of Queensland;
“Lead Agency” means the government department or organisation that is
undertaking to operate the QGAP office/s in specific location/s;
“Community” means the resident of the town where the QGAP office is
located;
“Computer Equipment” means any computers, printers, software,
and related infrastructure used for delivery of the Services;
“Document” means any documents lodged by
customers with the Lead Agency or produced in relation to the provision of the
Services and any other documents required by the Financial Management Manual to
be provided by the Lead Agency to the Service Agency or SSQ, and includes
accountable forms system reports, bank deposits, and the like.
“Revenues” means the fees to be charged by
the Lead Agency to customers for the Services as specified by the Service
Agency;
“Financial Management Manual” means the Financial Management
Manual for QGAP published by SSQ contained in Schedule 4;
“Government Agent” refers to the trained
nominated person employed by the Lead Agency to operate the Queensland
Government Agent office;
“MIS” means QGAP Management
Information System;
“SSQ-QGAP Service Delivery
Systems” means
the QGAP-SSQ receipting and business management systems provided to the Lead
Agency by SSQ for the purposes of this Agreement;
“Term” means the Term of this Agreement
as set out in Item 1 of Schedule 1;
“QGAP site/s or Queensland Government Agent Office/s” means the sites or offices provided by the Lead
Agency, at which the Services are provided;
“Services” mean the services to be provided by the Lead Agency
through QGAP sites in accordance with this Agreement;
“Service Agency” refers to any
government department or organisation that has entered an arrangement with SSQ
for the delivery of its Services via QGAP sites;
“SSQ Funding” means funding provided
to the Lead Agency under this Agreement, and includes the Lead Agency Subsidy,
and additional funding provided under clauses 7 and 14 of this Agreement;
“Subsidy” means the sum provided by SSQ to the
Lead Agency under this Agreement, in the amount as set out in Schedule 1.
2. TERM
2.1 This
Agreement will operate for the Term unless earlier terminated in accordance
with this Agreement.
3. APPOINTMENT OF LEAD AGENCY
3.1 The Lead Agency is appointed as the agent of SSQ, upon the
terms and conditions of this Agreement, for the purposes of:
a) supplying the Services; and
b) collecting the Fees and the
Documents.
3.2 The
Lead Agency must manage all Revenues collected and all Documents created from
supplying the Services in accordance with the Financial Management Manual.
3.3 Any
monies payable pursuant to this clause and remaining unpaid by the Lead Agency
constitute a debt due and payable by the Lead Agency to SSQ and may be
recovered by SSQ in any court of competent jurisdiction.
4 REVENUES
TO BE HELD IN TRUST
4.1 All Revenues collected
by the Lead Agency are deemed, until they are remitted to SSQ in accordance
with clause 3.2, to be held in trust for SSQ.
5 GOVERNMENT
AGENTS
5.1 The Lead Agency must
nominate a Government Agent who will operate the Queensland Government Agent
office. The Lead Agency must nominate a person holding an appropriately senior
and responsible position in the Lead Agency’s operation.
5.2 The Lead Agency must
notify SSQ in writing within 7 days of the resignation or replacement of the
Government Agent.
5.3 The Lead Agency remains
responsible for the actions of its employees or agents who are nominated as
Government Agents and must ensure that they comply in all respects with the
requirements of this Agreement.
6 LEAD AGENCY TO COMPLY WITH DIRECTIONS OF SSQ
6.1 The Lead Agency must
comply strictly at all times with the directions and instructions issued from
time to time to it by SSQ in relation to the operation of QGAP and in the
absence of any such directions or instructions in relation to any particular
matter will not act without first seeking the instructions of SSQ.
6.2 Without limiting the generality of clause 6.1,
the Lead Agency must:
a) Provide the Services
as directed by SSQ and the Service Agencies.
b) Comply with the
time-period requirements for notification and banking of transactions and
disbursement of documentation set out in Service Agency agreements and
procedures or as set out in the Financial Management Manual;
c) Keep and maintain
throughout the Term accurate records and books of account in respect of the
delivery of the Services in accordance with the Financial Management Manual;
d) Consider the
viability of delivery of new Services;
e) Inform SSQ if there
is significant demand for a service that is not currently provided by QGAP.
f) Develop and maintain
a Business Continuity Plan for each of the QGAP office location under their
administration.
7 COMPUTER
& GENERAL OFFICE EQUIPMENT
7.1 SSQ will supply the Computer Equipment to the
Lead Agency.
7.2 The
Lead Agency must use, and ensure that the Government Agent uses, the SSQ-QGAP
Service Delivery Systems for the delivery of the Services.
7.3 SSQ
will, in addition to the Subsidy, provide additional funding as set out in
Schedule 1 for IT costs related to the SSQ-QGAP Service Delivery Systems. This
funding is provided for the purchase costs of Computer Equipment to be used for
the delivery of the Services.
7.4 Computer
Equipment purchased by the Lead Agency with SSQ Funding for the delivery of the
Services will become the property of the Lead Agency while operating the QGAP
site.
7.5 The
Lead Agency must properly and adequately maintain the Computer Equipment
purchased using SSQ Funding. The cost of maintenance will be funded by SSQ,
subject to the Lead Agency obtaining prior written approval from SSQ.
7.6 The
Lead Agency must not load anything other than QGAP specific software on this
Computer Equipment without the prior written approval of SSQ.
7.7 Computer
Equipment that is no longer used by the Lead Agency for the delivery of the
Services must have all QGAP software and Government information removed.
7.8 The
replacement Computer Equipment must meet any additional specifications required
by SSQ to access SSQ-QGAP Service Delivery Systems.
7.9 Other
office equipment, that is not Computer Equipment, used in the delivery of the
Services (for example photocopier, fax, cordless telephone) purchased by the
Lead Agency with SSQ funding will be the property of the Lead Agency while
operating the QGAP site.
7.10 The Lead
Agency must properly and adequately maintain office equipment at its own
expense.
7.11 The Lead
Agency must provide any other equipment necessary for the proper delivery of
the Services at its expense.
7.12 Upon the
termination or expiration of this Agreement, then all equipment less than 3
years of age and purchased with SSQ Funding must be dealt with by the Lead
Agency in accordance with clause 24.5.
8 INFORMATION AND SERVICE REFERRALS
8.1 If the
Lead Agency receives a request for the delivery of a government service that is
not included in the Services, then the Lead Agency must seek information about
the government service provided by a Queensland Government department, and
refer the person making the request to the relevant Government department.
9 SERVICE
STANDARDS REQUIRED
9.1 The
Lead Agency must ensure that the Services are delivered in accordance with the
SSQ Customer Service Standards.
10 ACCOMMODATION STANDARDS
10.1 The
QGAP site must:
(a) be sited in proximity to the local business
area;
(b) provide for easy access by the public,
including the disabled;
(c) protect customer privacy;
(d) be cleaned regularly and well presented to
Government standards;
(e) utilise material displays which must be
regularly refilled;
(f) offer a comfortable and safe environment to the
customer; and
(g) provide reasonable security against intrusion
and theft of Service Agency documents and funds.
11 ROLE OF SSQ
11.1 SSQ will develop training
programs specific to QGAP such as the SSQ-QGAP Service Delivery Systems,
business planning, marketing, and corporate image.
11.2 SSQ will maintain the List of
Services on the SSQ-QGAP Service Delivery Systems.
11.3 SSQ will enter into agreements
with the Service Agencies for the delivery of the Services through QGAP sites.
11.4 SSQ will
be responsible for coordinating QGAP and directly managing:
(a) new Services development;
(b) public
information and generic marketing;
(c) evaluation,
and
(d) QGAP/Service
delivery training.
12 MONITORING OF SERVICES AND STANDARDS
12.1 The Lead
Agency must set up management systems to ensure that staff provide the Services
in accordance with:
(a) the
Key Performance Indicators;
(b) the
Financial Management Manual; and
(c) any
standards specified by Service Agencies for the delivery of Services for the
Service Agency, as notified in writing by SSQ to the Lead Agency.
12.2 If the
Lead Agency considers that a service standard problem has arisen that requires
advice and support from SSQ, it will advise SSQ in writing without delay. SSQ
will provide the advice and support requested within a reasonable time of the
request.
12.3 SSQ may
monitor the compliance of the Lead Agency with service standards and
operational procedures by:
(a) QGAP site evaluation (advised in advance to
the Lead Agency), which can include an audit of office standards, systems and
processes undertaken by the Lead Agency;
(b) public consultation to discuss all aspects
of services provided through the Lead Agency’s QGAP site/s;
(c) on-going contact with the Lead Agency,
Service Agencies, and the Community;
(d) reports of QGAP transaction activities
undertaken at the QGAP site, gathered by the SSQ web-based service delivery
systems;
(e) audits of Lead Agency financial reports (to
be provided as reasonably requested by SSQ), which relate to receipting and
disbursements to Service Agencies; and
(f) announced and unannounced audits relating
to financial issues and service delivery.
12.4 SSQ, the
Lead Agency and the Service Agencies may use information collected from MIS to
monitor QGAP related activities for the QGAP site.
12.5 The Lead
Agency must undertake audits of their QGAP operations to ensure compliance with
the procedures and polices contained within the Financial Management Manual.
The Lead Agency is required to provide SSQ with all audit issues it has
identified at the moderate to high risk level at its QGAP Site(s) and within 14
days of receipt of the reported issues.
12.6 SSQ will
evaluate performance of each QGAP site with the Lead Agency and the Community.
After each evaluation, SSQ will de-brief the Lead Agency.
12.7 At any
time, SSQ may request, and the Lead Agency must supply, information relating to
the Services and service standards as well as financial details regarding
current QGAP site operations.
12.8 The Lead Agency must permit an
SSQ officer, and any other persons
authorised in writing by SSQ,
reasonable access to premises where records relating to Services are being held
and must permit such authorised persons to inspect any such records or other
material related to the delivery of QGAP Services.
12.9 The SSQ officer and any other person authorised by SSQ, when at the Lead Agency’s premises,
must comply with all rules, directions and procedures including those relating
to security and to workplace health and safety in effect at the premises or in
regard to the facilities as notified by the Lead Agency or QGAP Agent.
13 RESOLVING
ISSUES
13.1 If SSQ
determines that there is a problem with the delivery of the Services by the
Lead Agency, SSQ will advise the Lead Agency in writing of the problem. SSQ
will in consultation with the Lead Agency develop an action plan to overcome
the problem. The Lead Agency must adhere to the action plan.
13.2 If, in
the opinion of SSQ, the problem with the delivery of the Services continues,
SSQ may terminate the Agreement under clause 25.
13.3 Upon
agreement that the Lead Agency will cease delivery of QGAP Services at a
particular site, all Computer Equipment and office equipment purchased using
SSQ Funding that is less than 3 years old, must be returned to SSQ and will,
upon appointment of another Lead Agency, be transferred to that other Lead
Agency.
14 FUNDING
ARRANGEMENTS
14.1 Funding of the QGAP site/s operated by the Lead Agency
for the period of this Agreement will be derived from the following sources:
· a subsidy from SSQ, as indicated
in Schedule 1, and
· service delivery fees from Service Agencies
equivalent to an hourly or fixed rate as entered into the SSQ-QGAP Service
Delivery Systems.
14.2 The
Subsidy will be paid within 30 days of the Commencement Date, and thereafter
will be paid annually as agreed between the parties.
14.3 The Lead
Agency must manage normal increases in demand for the Services and costs of
providing the Services within the Subsidy.
14.4 The
Lead Agency may submit a bid to increase the Subsidy prior to the start of each
financial year of the Term. If the SSQ-QGAP Service Delivery System data
demonstrates an increase in the level of Services delivered, then SSQ may in
its sole discretion agree to increase the amount of the Subsidy.
14.5 If
the SSQ–QGAP Service Delivery System data demonstrates a substantial decrease
in the level of Services delivered by the Lead Agency in a financial year, then
SSQ may in its sole discretion decrease the amount of the Subsidy.
14.6 The Lead Agency must ensure that staff are aware
of the QGAP Financial Management Manual, and are fully conversant with their
responsibilities in accordance with the QGAP operating procedures contained
within the manual.
14.7 Where
SSQ has installed EFTPOS facilities into a QGAP site, SSQ will be responsible
for all merchant fees applied to EFTPOS payments for the delivery of QGAP
Services.
14.8 Where SSQ is recognised as the merchant, it will accept
responsibility when a customer disputes a payment or a “chargeback” is
initiated. SSQ will make every reasonable effort to provide the financial
institution with information to support a disputed payment within the relevant
deadline. SSQ will
then advise the Lead Agency, who must take appropriate action in accordance
with section 4.2.7 of the QGAP Financial
Management Manual.
15 NEW
SERVICES DEVELOPMENT
15.1 SSQ will
advise the Lead Agency regarding any additional services to be provided at a
QGAP site and any associated service delivery matters.
If a new service is to be added, SSQ will advise the Lead Agency and,
in conjunction with the Service Agency, arrange for the provision of necessary
documents, forms and appropriate training.
15.2 Should
any equipment be required to provide a specific service (eg. terminals and
connection to the Service Agency system, safety or measuring equipment) the
cost of providing this equipment or connectivity will be negotiated by SSQ and
the Service Agency. The Service Agency will be required to maintain the
equipment and pay any operating costs (eg. data communication charges).
16 PUBLIC INFORMATION AND MARKETING
16.1 SSQ will
develop and implement a generic information and marketing strategy for QGAP.
This will involve providing the Lead Agency with corporate image materials such
as signage and displays. The costs will be paid directly by SSQ.
16.2 The Lead
Agency must not conduct any marketing or publicity activities for QGAP without
prior consultation and authorisation from SSQ.
16.3 The Lead
Agency must develop a local QGAP business and marketing plan as directed by
SSQ, which provides QGAP business analysis and proposed marketing initiatives
for the year. SSQ will review the plans and provide a Subsidy for this purpose.
16.4 Subject
to the approval of SSQ, the Lead Agency must spend the amount of the Subsidy
designated for publicity and marketing on publicity and marketing of QGAP.
The Lead Agency is to provide SSQ with evidence that the Marketing Subsidies
have been expended according to the purposes intended by the end of July of
each year.
17 TRAINING
17.1 SSQ
will coordinate the training of the Government Agent in respect of:-
(a) SSQ-QGAP Service
Delivery Systems and/or procedures required to deliver the Services under this
Agreement, and
(b) all generic and agency specific training
responsibilities and duties required in the delivery of QGAP Services (eg: Justice of the Peace and customer service
standards).
SSQ
will also co-ordinate all initial and on-going training required regarding the
matters set out in clause 15.1.
17.2 The Lead Agency must ensure that each
employee acting as a Government Agent undertakes service delivery system and
basic QGAP training as directed by SSQ from time to time in relation to the
delivery of the Services, such training to take place at such times and places
and in such manner as nominated by SSQ from time to time.
17.3 The cost
of specific skills training co-ordinated by SSQ will be met by SSQ. These costs
include:
(a) travel costs (where necessary);
(b) accommodation, meals and incidentals; and
(c) Justice of the Peace fees, associated
with the purchasing of manuals and swearing in, are to be paid by the Lead
Agency in the first instance and will be reimbursed by SSQ.
17.4 All
travel, accommodation, meals and incidental costs associated with this training
will be paid in accordance with Schedule B of the Queensland Government
Travel Directive No.10/06 - Domestic Travelling and
Relieving Expenses.
(all travel arrangements will be made through SSQ)
17.5 The Lead
Agency must continue to pay any salary costs for the Government Agent during
training and for relief staff required during such periods of training.
17.6 Unless
otherwise agreed, the Lead Agency must ensure that relief or support staff are
available and trained by the Lead Agency to ensure continuity of delivery of
the Services during periods of absence or leave by the Government Agent.
17.7 Non-specific QGAP training in areas such as staff
development, general computer usage and general office procedures not provided
for in the QGAP coordinated training schedule but required by the Lead Agency
as good practice in the operation of an office is the responsibility of the
Lead Agency.
18 WORKING TOGETHER TO DEVELOP QGAP
18.1 The
success of QGAP will largely rely on the positive working relationship that
develops between the Lead Agency and SSQ. At all times, SSQ is ready to advise
and support the Lead Agency in providing a high quality service to Queensland
communities.
18.2 The
relationship is intended to be one of mutual support, with the Lead Agency and
SSQ working together to make the Services more effective and to be available to
Queensland communities.
18.3 The Lead
Agency and SSQ should work together to develop the potential of QGAP, including
participation in training, as well as agent forums and Lead Agency meetings
arranged by SSQ.
19 PRIVACY AND DISCLOSURE OF PERSONAL
INFORMATION
19.1 Personal
Information
In this clause, “Personal Information” means
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 an individual whose identity is apparent, or can reasonably be
ascertained from the information or opinion.
19.2 The Lead Agency must in
performing its obligations under this Agreement:
(a) protect Personal Information
against loss, unauthorised access, use, modification or disclosure and against
other misuse;
(b) not use Personal Information
other than for the purpose of performing the Services under this Agreement,
unless required or authorised;
(c) not disclose Personal
Information without the written authorisation of SSQ, unless required or
authorised by law;
(d) ensure that the only Lead
Agency’s authorised personnel have access to Personal Information;
(e) immediately notify SSQ if it
becomes aware that a disclosure of Personal Information is, or may be, required
or authorised by law;
(f) ensure that its employees,
agents and subcontractors are aware of the Lead Agency’s obligations under this
clause including, when requested by SSQ,
requiring any of them to sign an undertaking in relation to Personal
Information substantially in the form of this clause; and
(g) comply with other privacy
and security measures reasonably required in writing by SSQ from time to time.
19.3 Indemnity for
interference with an Individual’s Privacy
The Lead Agency indemnifies SSQ from and against any liability incurred or arising out of or
in connection with a breach of this clause 20. ‘Liability’ means liability,
loss or expense, and includes any amount paid by SSQ for compensation for an interference with the privacy of an
individual, for which the Lead Agency would have been otherwise liable.
19.4 Return
and Destruction of Personal Information
On the expiration or termination of this
Agreement, or at any other time when requested in writing to do so by SSQ, the Lead Agency must immediately
deliver to SSQ or destroy or
permanently de-identify, as directed by SSQ,
all forms of Personal Information in the Lead Agency’s custody or control that
relate to the Services, including but not limited to information contained in
any documents, files, computer system or any other media whatsoever.
20 HANDLING OF PRIVACY COMPLAINTS
20.1 The parties must handle any
complaint alleging an interference with the privacy of an individual in
accordance with the following procedure:
(a) Where SSQ receives a complaint alleging an
interference with the privacy of an individual by the Lead Agency or by the
Lead Agency’s employees, agents or subcontractors, SSQ will notify the Lead Agency and provide the Lead Agency with
only details of the complaint as necessary to minimise any breach or prevent
further breaches;
(b) Where the Lead Agency
receives a complaint alleging an interference with the privacy of an individual
by the Lead Agency or by the Lead Agency’s employees, agents or subcontractors,
the Lead Agency must immediately notify SSQ
of such complaint by giving only details of the complaint as necessary to
minimise any breach or prevent further breaches;
(c) After notice has been given
in accordance with paragraph (a) or (b), the Lead Agency must provide SSQ with all necessary information,
documents and assistance reasonably required by SSQ and SSQ may at
its sole discretion investigate and handle such complaint;
(d) Each party must keep the
other party informed of the progress of the complaint; and
(e) SSQ must give the Lead
Agency 7 days written notice of SSQ’s
intention to assume a liability for any complaint.
21 NOTICES
21.1 Notices
under this Agreement may be given at the addresses of the parties set out in
Schedule 1, or as may be notified by the parties from time to time.
22 INSURANCE
22.1 The Lead Agency must take out and maintain for the term of
this Agreement:
(a) A Public Liability Insurance Policy in
respect of each QGAP site, for the amount set out in Schedule 1, and
(b) Workers’ compensation insurance in
accordance with the Workers’ Compensation and Rehabilitation Act 2003.
22.2 The Lead
Agency is to provide SSQ with copies of the current Public Liability and
Workers Compensation policy for each QGAP site(s) with the return of the signed
Lead Agency Agreement to SSQ and thereafter within 14 days of each policy
renewal.
23 COMPLIANCE WITH LAWS
23.1 The Lead Agency must comply
with all relevant laws in providing the Services.
24 TERMINATION AND DEFAULT
24.1 This Agreement
may be terminated by either party giving the other party 90 days notice in
writing.
24.2 SSQ may immediately terminate this Agreement
by notice in writing to the Lead Agency if:
(a) the Lead Agency has failed to remedy a
breach of this Agreement within 14 days after a notice to remedy has been
by SSQ given specifying the breach; or
(b) the Lead Agency:
(i) becomes
insolvent;
(ii) becomes
subject to any form of external administration;
(iii) enters into an arrangement with its
creditors or otherwise takes advantage of any laws in force in connection with
insolvent debtors;
(iv) is
wound up, voluntarily or involuntarily;
(v) abandons or refuses to proceed with the
Services;
(vi) fails
to comply with any of the provisions of clause 12 (Monitoring of Services and
Standards);
(vii) fails to comply with the requirements of clause
17 (Training);
(viii) fails to comply with the requirements of
clause 22 (Insurance);or
(ix) fails
to comply with the requirements of clause 23 (Compliance with laws).
24.3 Termination of this Agreement will not affect
any claim or action either party may have against the other by reason of any
prior breach of this Agreement and will not relieve either party of any
obligation under this Agreement which is expressed to continue after
termination.
24.4 Upon termination of this Agreement neither
party will be liable to pay any compensation to the other party.
24.5 Upon termination
of this Agreement, the Lead Agency must:
(a) repay
a pro-rata portion of the Subsidy, and
(b) return all QGAP Computer Equipment
purchased using SSQ Funding.
25 DISPUTE RESOLUTION
25.1 For the better management of
the Agreement, and any disputes, the parties nominate the Contract Officers
specified in Schedule 1.
25.2 A dispute or difference
arising between the parties concerning the meaning or effect of, or anything to
be done or a party’s rights or obligations (express or implied) under this
agreement, is to be determined in the way set out in this clause.
25.3 If an officer of a party
believes there is a dispute or difference, the first party must give the other
party a written notice reasonable detailing the existence and nature of the
dispute or difference (“Dispute Notice”).
25.4 The parties must then use all
reasonable endeavours to resolve the issues identified in the Dispute Notice,
and if the Contact Officers:
(a) agree upon
resolution of the dispute or difference, they must immediately commit it to
writing and their determination will take effect; or
(b) do not resolve
the dispute or difference within twenty-one 21 days after the Dispute Notice is
given, they must refer the matter immediately to the Chief Executive of each
party for resolution.
26 TRANSFER/SUBCONTRACT
26.1 The Lead
Agency must not subcontract the delivery of the Services without the prior
written approval of SSQ.
26.2 The Lead Agency must
not transfer the management or operation of QGAP sites to another operator
without the prior written approval of SSQ.
27 ENTIRE AGREEMENT
27.1 This Agreement constitutes the
entire Agreement between the parties and supersedes all prior representations,
agreements, statements and
understandings, whether verbal or in writing.
28 VARIATION OF AGREEMENT
28.1 The Agreement may be varied at
any time by an agreement in writing executed by both parties.
28.2 It will be sufficient evidence of any agreement to vary a Schedule to
the Agreement if the parties execute and date a document purporting to be a
substitute Schedule.
29 SEVERABILITY
29.1 Each and every provision of
this Agreement, and each and every part thereof shall, unless the context
otherwise necessarily requires it, be read and construed as a separate and
severable provision, or as separate and severable parts thereof, so that if any
provision, or part thereof, is void or otherwise unenforceable for any reason,
then that provision, or part thereof, as the case may be, shall be severed and
the remainder shall be read and construed as if the severable provision, or
part thereof, had never existed.
30. APPLICABLE LAW
30.1 This
Agreement shall be governed by and construed in accordance with the laws of
Queensland and the parties agree that the courts of Queensland shall have
jurisdiction to entertain any action in respect of, or arising out of, this
Agreement and hereby submit themselves to the jurisdiction of those courts.
31. WAIVER
31.1 A waiver
by either party in respect of a breach of a provision of this Agreement by the
other party shall not be deemed to be a waiver in respect of any other breach
and the failure of either party to enforce at any time a provision of this
Agreement shall in no way be interpreted as a waiver of such provision.
32 CONFIDENTIALITY
32.1 All information obtained by the Lead Agency
in the course of delivering the Services must be treated as confidential
information and must not be used or disclosed or allowed by the Lead Agency to
be used or disclosed by any person for any purpose other than for delivering
the Services.
33 INDEMNITY
33.1 In this clause 33:
“SSQ” includes its officers, employees and agents;
“claim” includes any claim, action, proceeding, demand,
liability, obligation, costs, loss, damages and expenses; and
“Lead Agency”
includes its employees, agents or sub-contractors.
33.2 The Lead Agency releases, discharges
and indemnifies SSQ against any claim which may be brought against or made upon
or incurred by SSQ arising from an unlawful or negligent act or omission of the
Lead Agency in the course of the supply or attempted or purported supply of the
Services, except to the extent that any act or omission by SSQ caused or
contributed to the claim.
34. CLAUSES TO SURVIVE TERMINATION
34.1 This clause 34 and the following
clauses will survive termination of this Agreement:
(a) Clause 19 −
Privacy and Disclosure of Personal Information;
(b) Clause
22 − Insurance;
(c) Clause
30 − Applicable Law;
(d) Clause
32 – Confidentiality; and
(e) Clause
33 − Indemnity.
This Agreement has been executed by the parties on the
dates below.
Signed for and on behalf of )
THE STATE OF QUEENSLAND )
)
by Dianne Jeans )
……………………………..
)
signature
in the capacity as )
)
General Manager )
Smart Service Queensland )
)
)
this day
of 2011 )
)
)
)
in the presence of )
)
)
(Please print name) ) ……………………………..
)
signature of witness
)
)
)
)
Signed by and on behalf of Maranoa Regional
Council
)
)
by Paul Bawden (Chief Executive Office)
)
……………………………..
)
signature
)
this day
of 2011 )
)
)
)
in the presence of )
)
)
(Please print name) )
……………………………..
)
signature of witness
SCHEDULE 1
Item 1: TERM (clause 2): 01 July 2011
– 30 June 2014
Item 2: ANNUAL SUBSIDY (See table
below): $31,350.00
Item 3: ADDRESS FOR NOTICES (clause 21):
Maranoa Regional Council
PO
Box 42 MITCHELL QLD 4465
Item 4: AMOUNT OF PUBLIC
LIABILITY INSURANCE (clause 22):
$10 million
Item 5: LEAD AGENCY CONTACT OFFICER
(clause 25.1):
Rebecca
Girle
PO
Box 42 MITCHELL QLD 4465
rebeccag@maranoa.qld.gov.au
SSQ/DEPARTMENT OF PUBLIC WORKS
CONTACT OFFICER (clause 25.1):
David Arber
Counter
Services Manager
Smart
Service Queensland
PO Box 10817
Brisbane
Adelaide Street QLD 4000
|
Centre
|
Lead Agency
Subsidy
|
|
|
|
QGAP - Injune
|
$
13,000.00
|
|
|
QGAP - Surat
|
$
15,500.00
|
|
|
GST
(if applicable)
|
$
2,850.00
|
|
|
TOTAL
|
$
31,350.00
|
|
ACCUMULATIVE TOTAL : $31,350.00
SCHEDULE
2
Performance Indicators
These QGAP performance indicators are introduced in
line with the QGAP service ethic of providing excellent customer service. These
indicators, in association with SSQ Customer Service Standards, will serve as a
guide to Government Agents and Lead Agencies in QGAP performance measures
|
Strategic Performance Measure
|
Key Performance Indicators
|
Evaluation Methodology
|
Evaluation Tools
|
|
Ministerial
Program Statement Deliverables
|
SSQ meets its objectives as stated within
the Ministerial Program Statement
|
Dependant on nature and type of program initiative
on an annual basis
|
|
|
Service
Agency Satisfaction
|
No less than 80% of service agency representatives
surveyed are satisfied with the Queensland Government Agency Program
|
Measured by feedback received through face-to-face
consultation and stakeholder surveys conducted by SSQ
|
Renewed Service
Agency Agreement.
|
|
Lead Agency
Satisfaction
|
No less than 80% of Lead Agency representatives
surveyed are satisfied with the Queensland Government Agent Program
|
Measured by feedback received through face-to-face
consultation and/or stakeholder surveys conducted by SSQ
|
Renewed Lead
Agency Agreement.
|
|
Does the Model enhance
Business Management?
|
Information
generated by QGAP Agents and MIS provides improved decision making data for
participating agencies and from a whole-of-Government perspective
|
· Reports
· Service Agency Feedback
· Dissemination of information across the public
sector
|
· SSQ-QGAP Service Delivery System reports
· Feed back from QGAP Service and Lead Agencies
|
|
QGAP-MIS data secure and financial and business
processing accurate eg: risk of Fraud, Transaction Errors
|
· SSQ-QGAP Service Delivery Systems
· QGAP site evaluations by SSQ
· QGAP office audits by Lead Agency
|
· SSQ-QGAP Service Delivery System reports
· SSQ evaluation reports
· Lead
Agency feedback
|
|
System
and processes reliable
(eg:
audit ability, recoverability and business continuity)
|
· Quality Financial, Business & MIS office and
service delivery procedures
· System Disaster Recovery Plan
|
· SSQ-QGAP Service Delivery System Audit Logs
· SSQ operational reports to include errors analysis
and trends
· SSQ Business continuity plan
· SSQ
System disaster recovery procedures
|
|
Customers
|
|
|
|
|
Increase in Customer
Participation in Business Processes
|
Does customer have improved
access to Government information and services
|
· SSQ to review usage trend for business take-up rates
measured against similar size offices, demographics and historical data.
· Bench mark best practice in other States
|
· Review of operational reports to include:
· Usage by QGAP site
· Type
of requests (eg: Information only, Referrals and Financial Transactions
|
|
Customer Satisfaction
|
Individual’s
information secure
|
Compliance
with Privacy Regime
SSQ
evaluations of QGAP offices
|
· Complaints register – SSQ
· SSQ Evaluation visits
|
|
Reliability
and quality of service
|
Consultation
System
availability
Service
Benchmark
Customer
feedback
Services
quality monitoring
|
· Review operational reports
· Customer surveys by SSQ
· SSQ Complaints register
· Quality
monitoring reports
|
|
No less than 80%
of community members satisfied with the services provided by the Queensland
Government Agent Program offices
|
Measured by
feedback received through face-to-face consultation and stakeholder surveys
conducted by SSQ on the performance of the Queensland Government Agent
Program
|
· SSQ Evaluation visits
· Customer surveys
|
|
Internal
|
|
|
|
|
Efficient and Effective
Processing of Services (information to payment)
|
Quality of service provision through QGAP Agents
compared with service levels by comparable organisations. (eg. Courthouses,
Police, Service Agency)
|
· SSQ Evaluation of QGAP offices
· Service Agency satisfaction with MIS design and
useability
· Comparison with agencies previous system/plans for
system
|
· SSQ Training results
· SSQ-QGAP Staff survey
· SSQ-QGAP Service Agency feedback/survey
|
|
Reduction
in re-work
Process
efficiency gains
|
Service
Agency Business assessment
|
· Non-compliance statistics
· Re-work statistics
· Number
of flow charts/manuals available through MIS
|
|
System performance and
functionality
|
All
agents using MIS to record data
|
Stakeholder
feedback
SSQ-QGAP Service Delivery
System quality monitoring
|
· SSQ-QGAP Service Delivery System reports
· Banking reports
· Transaction reports
· Disbursement
Reports
|
|
Is system availability meeting client requirements
|
System
availability statistics
|
· SSQ-QGAP Service Delivery System reports
|
|
Organisational
Learning and Growth
|
|
|
|
|
Benefits to
Agencies justifying participation in QGAP
|
Identified
or demonstrated opportunities to promote Government policies and agenda
|
Cross agency information
sharing and project participation
|
· Case studies
· Joint Project evaluation reports
|
|
Usefulness
of management information
|
Access
to management reports
|
· SSQ-QGAP Service Delivery System reports
|
|
Greater
presence and representation
|
Increased
market share
Community
recognition
|
· SSQ-QGAP evaluation
· SSQ-QGAP Service Delivery System reports
|
|
Commitment to
Continuous Improvement
|
The SSQ, the Service Agency and the Lead Agency
engage in continuous improvement
|
· stakeholder participation in periodic discussions including issue resolution
· establishment of standards to service as bench marks for
performance measurement utilising the data from the SSQ-QGAP Service Delivery Systems.
|
· Lead & Service Agency meetings.
· Updating of Service procedures, flowcharts and
manuals
· Review
of QGAP and Service Agency training
|
|
Expansion of QGAP model
processes across Government
|
QGAP-MIS
provide a platform to leverage more efficiency in the future
|
Plug
and play architecture
Re-useable
functionality
|
· Identification of common modules, processes and data
tables
· Interface
to legacy systems
|
|
· Standardise business processes across QGAP offices
· Business process re-engineering
· Can
processes be delivered more efficiently
|
· SSQ Business process re-engineering methodology
· Standard service component framework
|
Utilisation
of common processes via SSQ
|
|
Does QGAP effectively
assist in delivering Government Policy, Services, Skilling Staff, Community
access to Services/Information
|
Does
QGAP provide a cost effective method and improved access to Government
services and information
|
· Broader, useful and accessible information to
provide management information
· SSQ-QGAP Service Delivery System
s statistics being used in business cases
|
· Service Agency feedback
· SSQ-QGAP Service Delivery System reports
· Management feedback
· Consumer
surveys
|
|
Positive or negative impacts on regional/rural
communities and services
|
Range of Services
available through SSQ-QGAP
|
· SSQ-QGAP Service Delivery System reports
|
|
Positive
or negative impacts on multi-cultural and disabled communities and services
|
Range of Services
available through QGAP
|
· Feedback from agencies
· Community Surveys
|
SCHEDULE 3
The
following services are reflective of the types of services delivered in QGAP
sites throughout the State. The actual number of services available in any one
particular QGAP office will vary depending on legislative requirements, staff
training and community demand and agreed upon between the Client or Service
Agency and SSQ in accordance with clause 6 of the Lead Agency Agreement. The
complete list of services per QGAP site will be maintained within the SSQ-QGAP Service Delivery System.
QUEENSLAND GOVERNMENT DEPARTMENTS / AGENCIES
All State Government Departments
· Provide information and
referral services
· Stock publication
material
· Promote services in local
communities
HOUSING
· Home Loan Inquiries
· Rent collection for
Public Housing
· Rent collection for
Aboriginal and Torres Strait Islander Housing
· Bond loan repayment
· Loan repayment
· Change of household
circumstances/income
· Public Housing Rental
applications
· Succession of Tenancy for
Public Rental Housing
· Bond loan application
· Bond loan approvals
· Maintenance
· Keys Management
· Tenancy Agreement for
Public Rental Housing
· Tenancy Agreements for
Aboriginal and Torres Strait Islander Housing
· Tenancy issues
· Property Inspection
· Property Settlement –
loan payment
· Property Settlement –
Sale
· Property Settlement –
Department Advancing Funds
ENVIRONMENT & RESOURCE MANANGEMENT
· Collection of water charges
· Receipt of Waterworks
Licence Permit application
· Receipt of water sample
· Receipt of GAB Bore
application
· Receipt of Water
Allocation Transfer application
· Receipt of Controlled Quarry
Material and Royalty Collection application
· Leasehold Land payment
· Leasehold Application Fee
· Saleable products and
publications
· Provision of Wildlife Permit
· Provision of Environment Licence
· National Parks Permits
· Desert Park Passes
· Damage Mitigation Permits
JUSTICE AND ATTORNEY-GENERAL
· Accepting payment for Court fines prior to enforcement/due
date
· SPER payments
· Bailiff Book
· Burial Assistance
· Convene a Court
· Coroners
· District Court Civil
· District Court Criminal
· Domestic Violence
· Family Law
· Magistrates Court Civil
· Magistrates Court Criminal and Quasi-Criminal
· Mediation Referrals
· Small Claims Tribunal
· Appeal Costs Fund Fees (Civil)
· Bail Forfeited/Cash Bail
· Court Suitors Fund
ELECTORAL COMMISSION OF QUEENSLAND
· Assist Electors
· Complete Pre-Poll Returns
· Utilisation of premises for Polling Booth on Election Day
and Training
· Report to and liaise with ECQ
· Enrolment Form
· Electoral Roll Search
GOVERNMENT EMPLOYEE HOUSING
SCHEME / Q BUILD
· Vacancy Inspection, Reporting and Maintenance Requests
· Occupancy Inspection
· Tenancy Agreement
· Keys Control
· Tenancy/Vacant Management Activities
· Private Rental Activities
LIQUOR LICENSING
· General Purpose Permit - Receipt Application
· Forward application to regional office
· General Purpose Permit - Issue Permit
· Infringement Notice
MINES AND ENERGY
· Receipt Leasehold rental
– for mining leases
· Receipt of Drillers
Licence application – for petroleum and gas drilling
· Receipt of Controlled
Quarry Material and Royalty Collection application
· Leasehold Land payment –
for mining tenures
· Leasehold Application fee
– for mining tenures
· Search fees – for mining
tenures
· Other
fees – for mining tenures
FAIR TRADING
· Business Name Application
· Renewal of Registration of a Business Name
· Notification of Changes
· Associations Fee
· Associations Kit/Application
· Application for a Security Provider s Licence
· Promote & Accept Applications - Training Courses
· Phone Listing
· Oversee Examinations for Auctioneers and Agents Licences
· Individual Licence
· Application for a Corporation Licence
· Application for Managers Licence
· Application for a Certificate of Registration
· Mutual Recognition Information
· Application for Appointment of Substitute Licensee
· Application for Renewal or Restoration of Licence -
Individual or Director of a Corporation
· Application for Renewal or Restoration - Corporation
Licence
· Application for Renewal or Restoration – Manager’s Licence
· Addressing Meeting
GAMING REGULATION
· Category 3 Game (Art Union/Calcutta Sweep)
· Penalty Infringement Notice
· Gaming Machine Site Licence or Machine Manager s Licence
PRIMARY INDUSTRIES
o Weigh Bill application
o Instructing on pink HGP Free Cattle Tags
o Lodgement of property Registration Form
o Sale of Waybill Books
o Application for Brand and/or Earmark
o Transfer of Brand or Earmark
o Tick fever Vaccine
o Emergency Ear Tags
PUBLIC TRUSTEE
· Will Instructions & Will Signing
· Funeral
· Funeral Payments
· Deceased Estate Preliminary Work
· Deceased Estate Client Information Form
· Deceased Estate Administration
· Property Management Activities
· Rent or Periodic Payment Collection
· EPA Instructions & EPA Signing
· EPA Signing - Revocation
· EPA Attendance outside Office
· Client Information for Persons with a Disability
· Public Trustee Investment Fund\
Queensland Ombudsman’s Office
· assistance in complaint lodgement and process
· Interpreter and disability assistance
· Specialised assistance
TRANSPORT
· Sale of "Your keys to driving in Queensland"
· Permit Fee (Disability Parking)
· Vehicle/Vessel Registration - New
· Vehicle/Vessel Registration - Renewal
· Vehicle/Vessel - Transfer
· Vehicle/Vessel - Cancellation
· Certificate Replacement Application
· Label Replacement Application
· Plate Replacement Application
· Permit (Registration)
· Change to Customer/Product record
· Traffic Offence and Camera Detected Offence
· Low Volume VIN Applications
· Release of Information Application
· Receipt of Monies to Customer Account
· Work Diaries
· Licence Renewal/Issue
· Learner’s Permit (excluding test)
· Administer Written Test
· Driving Test Booking
· Driver Licence Transfer
· Licence Surrender
· Receipt of Fees for Recreational Ship Masters Licence
BIRTHS, DEATHS AND MARRIAGES
· Application for Birth Certificate
· Application for Death Certificate
· Application for Marriage Certificate
· Application for Commemorative Birth Certificate
· Register a Birth
· Register a Birth − Late Fees
· Registration Search
· Marriage Booking - Lodgement of a Notice of Intended
· Marriage Ceremony
· Marriage Administration - shortening of period of notice of
Intended Marriage
SENIORS CARD
· First Time Applicant
· Renewal/Replacement for Lost/Destroyed Card
· Change of Address/Telephone Number/Other Details
· Deceased Advice
· Consumer Appeal
WORKPLACE HEALTH AND SAFETY
· Workplace Registration Application
· Workplace Registration Renewal
· Certificate of Competency Application
FEDERAL GOVERNMENT
DEPARTMENTS / AGENCIES -
General
Enquiries, Information and Referral for −
· Australian Taxation Office
· Department Veterans’ Affairs
· Australian Competition and Consumer Commission
