1. Background

The NSW Government is working to ensure that every child, regardless of their family’s postcode, income, or circumstances, has access to high-quality preschool education so that they can be set up for a life of learning.

The Building Early Childhood Education and Care Places Program (the program), delivered by the NSW Childcare and Economic Opportunity Fund Board (the Fund Board) through the NSW Childcare and Economic Opportunity Fund (the Fund), aims to increase workforce participation, especially for women, by increasing affordability and accessibility of early childhood education and care (ECEC). The program intends to achieve these objectives by granting funding to not-for-profit long day care centres and community preschools intending to deliver places for 0 to -6-year-old children for priority groups as identified in the Program Guidelines.

Eligible providers, including as specified in the Building Early Learning Places Program Project Development and Planning Support (PDPS) Procedure, may be able to access Project Development and Planning Support services funded by the Fund Board and delivered by an independent supplier, Shakeup Architecture, on the Terms and Conditions outlined in these Terms of Use. Additional support delivered by the department’s sector strengthening partner may also be available for Aboriginal Community Controlled Organisations.

Use of these support services is strongly encouraged but it is not compulsory.

2. Description and scope of work

2.1 Shakeup Architecture will be engaged by the provider but funded by the Fund Board for hours as capped and specified in the Project Development and Planning Support Procedure, which may be different for eligible Aboriginal Community Controlled Organisations.

2.2 The scope of work to be funded by the Fund Board is set out in the Project Development and Planning Support Procedure.

2.3 The scope of work does not include any work other than the work set out in the Project Development and Planning Support Procedure, and any other work carried out by Shakeup Architecture or requested by the provider will not be funded by the Fund Board.

2.4 For the avoidance of doubt, providers may decide to engage Shakeup Architecture directly for more than the maximum number of hours or outside the scope of work set out in the Project Development and Planning Support Procedure, but this is at the provider’s own cost.

2.5 A separate referral process with distinct delivery parameters will be in place for ACCOs that opt-in to receive additional support from the sector strengthening partner.

3. Compliance with Project Development and Planning Support Procedure and Deliverables

3.1 If using the Project Development and Planning Support, a provider must comply with the Project Development and Planning Support Procedure, including the obligation to obtain from Shakeup Architecture a written report outlining the work undertaken and copies of any documentation produced or obtained from third parties under their engagement.

3.2 Providers who apply for a grant under the program must attach a copy of the report and documentation to their formal application.

4. Nature of the engagement

4.1 Shakeup Architecture will be engaged by the provider even though some of the services (if not all) they provide will be funded by the Fund Board, in accordance with the Project Development and Planning Support Procedure.

4.2 The provider must ensure that they have a clear understanding of the information they need to provide to Shakeup Architecture and the timeline for providing that information, and act reasonably in meeting that timeline.

4.3 The provider acknowledges that Shakeup Architecture is not providing services to the Fund Board or its delegated officers under the engagement the provider has with Shakeup Architecture. That engagement is a direct engagement by the provider with Shakeup Architecture only, with no other parties bound by that engagement.

4.4 The Fund Board and its delegated officers will not be liable to a provider for any loss or damage suffered or incurred by the provider’s use of the Project Development and Planning Support services.

5. Invoicing

5.1 Shakeup Architecture will invoice the provider directly, but send a copy of that invoice to the Fund Board or its delegated officers for work that is funded by the Fund Board, including up to the maximum hours set out in the Project Development and Planning Support Procedure.

5.2 The Fund Board will only fund work by Shakeup Architecture, and the eligible costs incurred by them specified in the Project Development and Planning Support Procedure, but not any other professional or adviser or costs.

6. Funding for eligible expenses incurred under the engagement

6.1 To confirm, eligible providers for the individual support service may be able to access funding capped at the Fund Board’s discretion to assist with some of the costs incurred in the preparation of an application for a grant under the program.

6.2 The eligible costs are specified in the Project Development and Planning Support Procedure.

6.3 Shakeup Architecture will manage the acquittal of the above expenses on behalf of the provider and will receive reimbursements for the capped amounts relating to the eligible expenses from the Fund Board upon presenting invoices and other evidence, in accordance with the Project Development and Planning Support Procedure. Evidence will include proof of work undertaken to a reasonable standard and of contractors holding appropriate licenses and/or registration with the relevant professional body.

6.4 Providers are expected to identify suitable contractors or service providers with relevant experience, licenses and/or registrations to undertake the work covered by the eligible expenses. Where needed, Shakeup Architecture will assist the provider in identifying options of professionals with the required credentials and/or licenses, with the final decision on who to engage resting with the provider.

6.5 Shakeup Architecture will declare any conflicts of interest at the beginning of the engagement and for the work undertaken with each provider and/or contractors undertaking work for eligible expenses.

7. Risk and Release

7.1 A provider uses the Project Development and Planning Support at their own risk.

7.2 The provider releases the Fund Board and its delegated officers (including the NSW Department of Education and its staff) from all claims, actions, and liabilities in connection with any costs, debt, loss or damage caused or contributed to by the provider’s use of the Project Development and Planning Support.

8. Terms of Use are binding

8.1 By submitting an Expression of Interest under the Project Development and Planning Support Procedure you agree the support services are provided subject to these Terms of Use.