Community and Affordable Housing Seed Fund

1 Definitions

1.1. Definitions: In this agreement, unless the context otherwise requires:

1.1.1. Applicant means the person, persons, or entity applying for funding from Kāpiti Coast District Council, and may also be referred to as the Applicant or Funding recipient.

1.1.2. KCDC means Kāpiti Coast District Council.

1.1.3. Grant Agreement means the contract entered into with the Applicant detailing the agreement between KCDC and the Applicant.

1.1.4. CAHSF means the Community and Affordable Housing Seed Fund that KCDC oversees and allocates subject to these terms and conditions and the terms and conditions in the Grant Agreement.

2. Funding

2.1. KCDC has initiated the CAHSF using Better Off funding from central government. This fund is run by KCDC in its sole discretion. There is no implied ongoing provision for the fund.

2.2. The CAHSF is funding targeted to develop local initiatives to deliver more community and/or affordable housing options in the Kāpiti district.

2.3. When allocating the fund, decision makers will look to ensure successful projects reflect the intent of the fund and will deliver good value for end users, by supporting initiatives that are cost effective and can produce clear benefits for our communities.

2.4. Funding cannot be used for capital costs, debt servicing, cost related to retrospective projects, work already completed, subscriptions and memberships, or similar.

2.5. These terms and conditions are to be read alongside the terms and conditions contained in the Grant Agreement entered into by an Applicant or fund recipient following completion of a successful application and will form part of that agreement.

2.6. Because Council has limited funds, not all worthwhile initiatives may be supported with funding.

2.7. KCDC is not obligated to grant the entirety of the CAHSF.

3. Application process

3.1. The application submitted by an Applicant must be in a form acceptable to KCDC. Applications not in an acceptable form may be rejected.

3.2. Each applicant must disclose all matters likely to be material to KCDC's consideration of its application or which might have a bearing on the outcomes to be delivered from the funding.

3.3. KCDC at its sole discretion, reserves the right to:

3.3.1. Change the criteria, parameters, date, timeline, or any other aspect of the Grant Application or application process;

3.3.2. Waive any application requirements;

3.3.3. Reject any application;

3.3.4. Require applicants to supply additional information;

3.3.5. Suspend or cancel the investment process in whole or in part;

3.3.6. Impose conditions on the approval or payment of KCDC's investment (e.g. a requirement to successfully obtain a level of private investment)

3.3.7. Seek independent advice and/or cross- reference by the Applicant.

3.4 KCDC may carry out due diligence in respect of an application. This may include due diligence on Applicants, organisations, or personnel involved. It may extend to financial due diligence and relevant track records either as part of the application assessment process or as part of any subsequent contract negotiation. By making an application, the Applicant consents to KCDC making due enquiries with third parties in this regard and agrees to provide access to referees where requested by KCDC.

3.5 KCDC will inform an Applicant of the success (or otherwise) of an application.

3.4. The success of an application does not mean that the Applicant is entitled to the full amount sought in the application or any specified amount or percentage of that. KCDC will inform the Applicant of the level of funding it is prepared to contribute which will be outlined in the Grant Agreement.

3.5. No decision is binding on KCDC until a Grant Agreement between KCDC and the Applicant is agreed, and the parties have signed and executed the agreement.

3.6 Applicants who are successful are required to provide a project plan focusing on proposed initiative which the Applicant can work in conjunction with KCDC to develop and optimise if successful.

3.6. The Applicant warrants that all information provided in relation to the application is true and correct in all material respects, at all times, and is not misleading whether by omission or otherwise.

4. Privacy

4.1. KCDC is committed to Applicant privacy and will comply with applicable privacy laws, including the Privacy Act 1993, to the extent possible when sharing the Applicant’s information with third parties in connection with all aspects of the application process. The Applicant acknowledges that their data may be shared for the purpose of evaluating their application.

4.2. KCDC may publish or publicly release information in relation to the CAHSF and specifically in relation to the funding amounts requested.

4.3. KCDC is governed by the Local Government Official Information and Meetings Act 1987. KCDC is committed to being transparent about its activities and its investments and as such may publish investment and contributions to grants. Further, KCDC may publicly disclose its financial and other involvement in and/or contribution to in KCDC's Housing Programme at its sole discretion.

4.4. By submitting an application, the Applicant acknowledges that the information in their application may be disclosed publicly, or to a third party, and agrees to the disclosure of such information.

5. Termination

5.1. KCDC may terminate consideration of, or reject, an application at any time prior to a Grant Agreement being signed and executed.

5.2. KCDC is not required to give a reason where it terminates or rejects an application.

6. Conflicts and disclosure

6.1. The applicant agrees to include details of any potential conflict of interest in the application, in particular (but not limited to), whether any KCDC employee or Councillor, or their immediate family have any interest or involvement in the event and any other matters that may compromise KCDC's ability to make a decision or that may bring the process into disrepute. Failure to disclose a conflict will result in immediate termination of an application or Grant Agreement.

6.2 All Applicants must disclose to KCDC any other central government or local government funding sources, including any sources where the Applicant has lodged an application for funding and whether or not that funding has been confirmed.

6.3. Applicants must not directly or indirectly seek to influence KCDC's funding decisions in any improper or unethical manner (or in any way which might have the appearance of being so), nor attempt to solicit or garner non-public information from KCDC which might give an unfair advantage in the application process.

7. Reporting

7.1. Funding recipients will be required to provide to Council written project updates during the project (frequency to be mutually agreed), and a project completion report within 2 months of project completion. The post project report should cover with sufficient detail the use of funding received as required by Council to, amongst other purposes, enable Council to calculate the Return on its Investment. By way of example only, this will include providing data and narrative reports on the project, and documentary evidence as to how the funds were spent.

7.2. Funding recipients must provide KCDC with photography and/or video content to help promote the project outcomes and agree to transfer ownership of all intellectual property rights in this content to Council from the date of its supply.

8. General

8.1. Confidentiality: Except as required by law, and subject to these terms and conditions, both parties shall preserve as confidential any information of a confidential nature that they acquire in relation to the other.

8.2. Dispute resolution: Should a dispute arise in relation to the interpretation of these terms and conditions the Applicant must notify KCDC in writing, detailing the problem. KCDC will determine whether there is any dispute to resolve and will inform the Applicant of its decision in writing, and if there is a dispute to resolve, then the process that will be followed.

8.3. Severability: If any part of these terms and conditions is held by any court to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining parts of these terms and conditions.

Jurisdiction: These terms and conditions are governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts.