Security Classification - In Confidence
MEMORANDUM TO THE DEPUTY DIRECTOR-GENERAL
To: Sam Keenan - Acting Deputy Director General, Te Uru Rākau - New Zealand Forest Service
From: Alexandra Wilson, Director Forestry Engagement and Advice
Contract for Services: Project Crimson Trust - Pūawananga: Stars of our Native Forests
Date
10 May 2023
Decision required
Date decision required by
YES ☒ / NO ☐
23/05/2023
Recommendations
Agree and sign the appended Contract for Services (contract) to commence delivery of plantings
by the Project Crimson Trust, through Trees that Count, to support delivery of Pūawananga: Stars
of our Native Forests.
Agree and sign the appended Procurement Plan to enable the contract number to be finalised and
ensure that funding is available for the purchase of plants and planting as part of the 2023 planting
season.
Note that the original contract value was intended to be $250,000 but this has been reduced to
$100,000 with supplementary plants being sought through an existing contract with Project
Crimson Trust. (Please refer the accompanying memo, Variation to Trees for Schools contract to
allocate 15,000 native trees for FIFA Women’s World Cup).
under the Official Information Act 1982
Contact for discussion (if required)
Name
Position
Contact number
Alex Wilson
Director Forestry Engagement 9(2)(a)
and Advice
Marion Schrama
Manager Sector Partnerships
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Ames Donovan
Team Leader Native
Afforestation Nursery Advice
Background
1. The FIFA Women’s World Cup 2023 (FIFA WWC) will be held in New Zealand from 20 July -
20 August 2023. It will be the largest women’s sporting event in history with an anticipated
global broadcast audience between 1.2-1.6 billion. Government aims to maximise the
impacts and benefits of the event for New Zealand.
2. The Ministry of Business, Innovation and Employment (MBIE) is the lead government
agency for this initiative and are coordinating the Crown FIFA team (government cross -
agency response team). MBIE is the lead agency for the Crown for FIFA WWC. Minister
Robertson is Lead Minister for the FIFA WWC and the Prime Minister is Ministerial Patron.
3. In late 2022, Minister Robertson wrote to several of his colleagues, including the former
Minister of Forestry, Minister Nash, stating that this will be the largest women’s sporting
event in history, and we have a unique and unprecedented opportunity to drive significant
benefits for New Zealand and for Kiwis. He also reiterated his expectation ‘that all agencies
will lean in and support this mahi for FIFA WWC 2023, from a delivery, resource and
financial perspective, including identifying opportunities for funding.’
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4. The Department of Conservation in partnership with the Crown FIFA Project team have
developed a concept for a native-tree planting project to commemorate the event –
Pūawananga: Stars of our Native Forest.
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5. Several partners have now confirmed support including the Pūawananga Leverage and
Legacy Fund (administered by MBIE) and Ministry for Primary Industries (through Te Uru
Rākau – New Zealand Forest Service).
6. This Pūawananga native tree planting initiative will be delivered by Project Crimson through
their Trees that Count programme.
7. This memo follows a memorandum approved 13 December 2022 by the Deputy-Director
Information
General Te Uru Rākau – New Zealand Forest Service to Request for Funding for FIFA
Women’s World Cup 2023 Planting Events. The memo recommended:
i) To enter a contract with Project Crimson Trust to deliver a minimum 25,000 seedlings
for the FIFA World Cup 2023 planting events.
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ii) To support MBIE in their aspirations to maximise the impacts and benefits of FIFA
Women’s World Cup 2023 for New Zealand through their Pūawananga Programme.
the
iii) To manage the recommended investment of $250,000 as a cost pressure prior to
Cabinet decisions on 1BT returned funds.
8. The financial reprioritisation put in place by MPI post cyclone Gabrielle in February 2023,
means the option for funding to come from 1BT returned funds is no longer possible.
under
9. A revised funding maximum of $100,000 was agreed with the DDG Te Uru Rākau – New
Zealand Forest Service on 19 April 2023 and was confirmed with Project Crimson Trust on
21 April 2023.
10. In parallel, a variation to the Trees for Schools contract has been requested which
recommends a 15,000 tree allocation from the 50,000 funded native trees to contribute to
the Pūawananga Stars of our Native Forests Project. This ensures that the original Te Uru
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Rākau – New Zealand Forest Service commitments are met, with no additional costs
incurred.
The Contract for Services
11. The purpose of this contract is to enable the purchase and planting of 10,000 native
seedlings to leverage off the high-profile opportunity that FIFA WWC 2023 presents to
achieve sustainability, conservation, and community engagement outcomes nationally.
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12. The drivers for Te Uru Rākau – New Zealand Forest Service entering into this contract are
to:
• Support MBIE to leverage FIFA WWC 2023 to achieve sustainability, conservation,
and community engagement outcomes, as well as raising the visibility of women in
sport, and celebrating our female sporting heroes.
• Provide opportunities for New Zealanders to be involved in tree planting. This has
secondary benefits of raising the profile of Te Uru Rākau – New Zealand Forest
Service and support our wider social licence and delivering on Te Uru Rākau – New
Zealand Forest Service strategic objective of supporting more tree planting.
• Offer the opportunity for further proof of concept for tree planting partnerships to offset
large events, sporting and otherwise into the future, offsetting carbon emission for
travel etc.
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13. Under this Agreement the Contractor will:
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Purchase and plant a minimum of 10,000 seedlings that align with FIFA WWC events across the
country at a value of $100,000. The planting events will take place across the country and align
with the FIFA World Cup programme to:
• Provide communities with opportunity to participate in native tree planting
efforts. and to engage in FIFA WWC-related events.
• Deliver strategic objectives shared by both organisations as well as maximise
and build upon the expertise and skills of each organisation.
Information
14. The contract has been drafted in consultation with the MPI Procurement team. The
Procurement team have reviewed the contract and agreed it is fit for purpose.
15. It is proposed that this contract is fully signed by all parties before 27 May 2023 to ensure
parties can prepare a project proposal and ensure it is well-aligned with the timeframes of
the FIFA WWC.
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16. The funding is to support the purchase of the trees and plant orders will be lodged before 30
the
June this is to ensure alignment with the FIFA WWC, with payments aligned to these orders.
17. To mitigate the risk of no payments following plant orders, a project plan (including a comms
and marketing plan and Healthy and Safety Plan) along with two progress reports, are
included as contracted milestones.
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18. As the contract will be entered into by MPI, the general financial delegation requires the MPI
signatory to have financial delegation covering the whole of life cost of the contract. For this
reason, the Acting Deputy-Director General of Te Uru Rākau – New Zealand Forest Service
is required to sign the contract by the 19 May 2023.
19. The funding will not exceed $100,000 (excluding GST). Milestones have been detailed in
clause 4.7 of the contract that ensure the project aligns with strategic objectives of Te Uru
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Rākau – New Zealand Forest Service.
20. The contract is attached in Appendix One for your review and signature.
The Procurement Plan
21. Discussions with the procurement team have resulted in an exemption from open/closed
advertising based on rule 14.9(c) only one supplier being requested in the Procurement Plan
to enable the contract to be set up through direct engagement.
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22. This exemption from open/closed advertising has been supported by Tamsyn Rouse,
Manager Procurement and Commercial Management and needs to be approved by you to
finalise this process.
23. The exemption from open/closed advertising is being sought due to the absence of other
suppliers who operate nationally who could deliver the project within the timeframe.
24. The recommended approach is direct engagement and award to Project Crimson Trust, who
have a long-standing strategic partnership with Te Uru Rākau – New Zealand Forest
Service. Project Crimson Trust are a trusted delivery partner who have been the recipient of
Te Uru Rākau – New Zealand Forest Service funding on multiple occasions, including $6.5m
for the establishment of the Trees That Count marketplace and $650,000 for Trees for
Schools.
25. Project Crimson Trust is capable of delivering the required services, within the required
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timeframe, and is the country’s only tree marketplace provider (Trees That Count) that can
connect individual funders to planting projects at a national level.
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26. The Procurement Plan is attached in Appendix Two for your review and signature.
Next steps
27. Once the Procurement Plan has been approved, we will enable the contract to be activated.
28. Once the contract has been approved and set up through the procurement process, the
signed contract will be sent to the Project Crimson Trust for countersigning by 27 May 2023.
Information
29. The Project Crimson Trust will prepare and submit a detailed project plan for our review prior
to 30 June 2023 in line with the second contracted milestone.
Recommendations
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It is recommended that you:
a) Agree and sign the appended Contract for Services (contract) to commence delivery of
the
plantings by the Project Crimson Trust, through Trees that Count, to support delivery of
Pūawananga: Stars of our Native Forests.
AGREED
under
b) Agree and
sign the appended Procurement Plan to enable the contract number to be
finalised and ensure that funding is available for the purchase of plants and planting as
part of the 2023 planting season.
AGREED
c) Note that the original contract value was intended to be $250,000 but this has been
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reduced to $100,000 with supplementary plants being sought through an existing contract
with Project Crimson Trust. (Please refer to the accompanying memo, Variation to Trees
for Schools contract to allocate 15,000 native trees for FIFA Women’s World Cup).
NOTED
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Appendix One: Contract for Services
Contract for Services between the Project Crimson Trust and Ministry for Primary Industries
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Information
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the
under
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PROCUREMENT PLAN C0035110 – Project Crimson Trust funding (Pūawananga)
To:
Sam Keenan, Acting DDG Te Uru Rākau – New Zealand Forest Service
From:
Ames Donovan, Team Leader – Native Af orestation Nursery Advice
Date:
05/05/2023
Related programmes or
Related programmes or projects include:
projects
Project Crimson Trust’s Trees for Schools contract C0035257
a) MBIE’s
Puawānanga Programme which wil maximise the impacts and
benefits of FIFA Women’s World Cup 2023 for New Zealand
b) The strategic goals of Te Uru Rākau – New Zealand Forest Service “
planting
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trees for a healthy environment”
c) The Fit for a Bet er World sustainability initiative “
refocusing our tree planting
partnerships”
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Financial Authority
Maximum total estimated value over the life of the contract is $100,000.
Associated Policy,
MPI Procurement Policy
Legislation, Guidelines etc:
MPI Procurement Procedures
HR
& Finance Delegations
Capital Expenditure Guidelines
Purchase Card Policy
Guideline for Managing Health and Safety Risk in Contracting
Guide to MPI’s Overlapping Duties Framework
Information
MPI Organisational Risk Library – including Priority Critical Risks & Controls
REQUESTOR (BUSINESS OWNER)
Name
Role
Signature
Date
Ames Donovan
Team Leader – Native
05/05/2023
Af orestation Nursery Advice
Official
In submit ing this document for approval, I confirm the fol owing:
the
➢ To the best of my knowledge, there is no actual or potential current conflict of interest that wil or may arise as
a result of my involvement with this procurement.
(Note: If an actual/perceived conflict needs to be declared, please complete and at ach a signed copy of a
Conflict of
Interest Declaration to this request.)
under
EXEMPTION INDEPENDENT ADVICE
Name
Role
Signature
Date
Tamsyn Rouse
Manager Procurement &
9/05/23
Commercial Management
I support this exemption to MPI’s Procurement Policy on the basis that there is only one supplier, for technical reasons
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there is no competition (Government Procurement Rules 14.9c)
By signing this document, I confirm that, to the best of my knowledge, there is no actual or potential current conflict of
interest that wil or may arise as a result of my involvement with this procurement.
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ENDORSED
Name
Role
Signature
Date
Alex Wilson
Director Forestry
16.05.2023
Engagement and Advice
By signing this document, I confirm that there is funding available under cost centre 1269 for this purchase.
I also confirm that, to the best of my knowledge, there is no actual or potential current conflict of interest that wil or may
arise as a result of my involvement with this procurement.
(Note: If an actual/perceived conflict needs to be declared, please complete and at ach a signed copy of a
Conflict of
Interest Declaration to this request.)
A
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PPROVAL
It is recommended that you approve the proposed procurement and process be carried out as proposed in this
procurement plan.
Name
Act
Role
Signature
Date
Sam Keenan
Acting DDG Te Uru Rākau-
17 May 2023
New
Zealand
Forest
Service
By signing this document, I confirm that, to the best of my knowledge, there is no actual or potential current conflict of
interest that wil or may arise as a result of my involvement with this procurement.
(Note: If an actual/perceived conflict needs to be declared, please complete and at ach a signed copy of a
Conflict of
Interest Declaration to this request.)
Information
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BACKGROUND
1.
The FIFA Women’s World Cup 2023 (FIFA WWC) wil be held in New Zealand from 20 July - 20 August
2023. It wil be the largest women’s sporting event in history with an anticipated global broadcast audience
between 1.2-1.6 bil ion. Government aims to maximise the impacts and benefits of the event for New
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Zealand.
2.
The Ministry of Business, Innovation and Employment (MBIE) is the lead government agency for this
the
initiative and are coordinating the Crown FIFA team (government cross - agency response team). MBIE is
the lead agency for the Crown for FIFA WWC. Minister Robertson is Lead Minister for the FIFA WWC and
the Prime Minister is Ministerial Patron.
3.
In late 2022, Minister Robertson wrote to several of his col eagues, including the former Minister of Forestry,
under
Minister Nash, stating that this wil be the largest women’s sporting event in history and we have a unique
and unprecedented opportunity to drive significant benefits for New Zealand and for Kiwis. He also reiterated
his expectation ‘that al agencies wil lean in and support this mahi for FIFA WWC 2023, from a delivery,
resource and financial perspective, including identifying opportunities for funding.’
4.
The Department of Conservation in partnership with the Crown FIFA Project team have developed a concept
for a native-tree planting project to commemorate the event – Pūawananga: Stars of our Native Forest.
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5.
Several partners have now confirmed support including the Pūawananga Leverage and Legacy Fund
(administered by MBIE) and Ministry for Primary Industries (through Te Uru Rākau – New Zealand Forest
Service).
6.
This Pūawananga native tree planting initiative wil be delivered by Project Crimson through their Trees that
Count programme.
7.
This procurement plan fol ows a memorandum approved 13 December 2022 by the Deputy-Director General
Te Uru Rākau to Request for Funding for FIFA Women’s World Cup 2023 Planting Events. The memo
recommended:
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i) To enter a contract with Project Crimson Trust to deliver a minimum 25,000 seedlings for the FIFA
World Cup 2023 planting events.
ii) To support MBIE in their aspirations to maximise the impacts and benefits of FIFA Women’s World
Cup 2023 for New Zealand through their Pūawananga Programme.
iii) To manage the recommended investment of $250,000 as a cost pressure prior to Cabinet
decisions on 1BT returned funds.
8.
The financial reprioritisation put in place by MPI post cyclone Gabriel e in February 2023, means the option
for funding to come from 1BT returned funds is no longer possible.
9.
A revised funding maximum of $100,000 was agreed with the DDG – Te Uru Rākau on 19 April 2023 and 1982
was confirmed with Project Crimson Trust on 21 April 2023.
10.
In paral el, a variation to the Trees for Schools contract has been requested which recommends a 15,000
tree al ocation from the 50,000 funded native trees to contribute to the Pūawananga Stars of our Native
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Forests Project. This ensures that the original Te Uru Rākau – New Zealand Forest Service commitments
are met, with no additional costs incurred.
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WHAT WE ARE BUYING AND WHY
2.1
The objective of this procurement is to award a contract for the purchase and planting a minimum of 10,000
seedlings that align with FIFA WWC events across the country at a value of $100,000.
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2.2
Under this Agreement the Contractor wil :
a) Coordinate planting events across the country that wil align with the FIFA World Cup programme and
provide:
• Communities with the opportunity to participate in native tree planting ef orts
• Opportunities for the community to engage in FIFA WWC-related events
b)
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Utilise the project to deliver strategic objectives shared by both organisations and to maximise and
build upon the expertise and skil s of each organisation.
2.3
the
The expected benefits and outcomes of this procurement are to support MBIE to leverage the FIFA WWC to
achieve sustainability, conservation, and community engagement outcomes, as wel as raising the visibility of
women in sport, and celebrating our female sporting heroes.
2.4
The planting project wil be high profile and reach many regions of the country providing opportunities for many
New Zealanders to pick up a spade and plant a tree. This has secondary benefits of raising the profile of the
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work we do within Te Uru Rākau – New Zealand Forest Service and supports our wider social licence.
2.5
This project is comparable to the Living Legends project in 2011 and of ers the opportunity for further proof of
concept for tree planting partnerships to of set large events, sporting and otherwise into the future, of set ing
carbon emission for travel etc.
2.6
Goods, services or works that are not in-scope for this procurement include business as usual and growing of
native trees.
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BROADER OUTCOMES
3.1
This procurement is required to consider and incorporate broader outcomes as defined in the Government
Procurement Rules. Broader outcomes are the secondary benefits that are generated by the way a good,
service or works is produced or delivered. These outcomes can be social, environmental, cultural or
economic benefits, and wil deliver long-term public value for New Zealand.
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3.2
Broader outcomes require you to consider not only the whole-of-life cost of the procurement, but also the
costs and benefits to society, the environment and the economy. The Broader Outcome considered for this
procurement is Increasing access for NZ businesses.
3.3
MPI wil be seeking businesses who can show:
a.
social enterprises (Increasing access for NZ businesses):
i.
Purpose: the social, cultural and environmental mission provides a public or community
benefit and is the primary purpose of the organisation.
ii.
Trading: most of the income is from trading a good and/or service.
iii.
Reinvestment: most of either expenditure or profit is spent in the fulfilment of the purpose
of the organisation.
b.
being regional y based (Increasing access for NZ businesses)
c.
on the completion of the contract the ongoing ef ect of the trees being planted wil contribute to
reduced emissions.
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3.4
The awarded contract wil include the stated broader outcome requirements and its deliverables. This awarded
contract wil also seek the supplier to, where possible, use sub-contractors that deliver the broader outcomes
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above, such as hapu/marae/community nurseries. This contributes to MPI’s indirect spend contributing to
supplier diversity and broader outcomes through procurement.
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SUPPLY MARKET ANALYSIS
4.1
There is currently no Al -of-Government, syndicated or other col aborative contract that can meet this
requirement.
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4.2
There is no external market for the services you wish to procure due to Project Crimson Trust providing the
country’s only tree marketplace, which connects individual funders to planting projects at a national level.
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PROCUREMENT APPROACH
5.1
The recommended approach to market is a non-competitive contract.
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5.2
This procurement wil comply with
MPI’s Procurement Policy and the
Government Procurement Rules.
the
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EXEMPTION
6.1
The exemption from open/closed advertising is being sought due to the absence of other suppliers who operate
national y who could deliver the project within the timeframe.
under
6.2
The recommended approach is direct engagement and award to Project Crimson Trust, who has a long-
standing strategic partnership with Te Uru Rākau – New Zealand Forest Service. Project Crimson Trust is a
trusted delivery partner that has been the recipient of Te Uru Rākau – New Zealand Forest Service funding on
multiple occasions, including $6.5m for the establishment of the Trees That Count marketplace and $650,000
for Trees for Schools (the contract for which a variation is being sought to enable alignment to Pūawananga:
stars of our Native Forests.
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6.3
Project Crimson Trust has the capability to deliver the required services within the required timeframe and are
the country’s only tree marketplace provider (Trees That Count) that can connect individual funders to planting
projects at a national level.
6.4
Exemption from open advertising based on Rule 14.9(c) Only one supplier. For technical reasons there is no
actual competition. This includes:
• There is a need to match with an existing supply chain and event function which includes planting
events.
• There are niche logistics required to deliver this programme. The chosen supplier has over time
built up their stakeholder relationships and is uniquely positioned to leverage of their national
network.
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• They are required to source under limited supply options due to time constraints and the scarcity of
plants due to Cyclone Gabriel e.
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DATA SECURITY, PRIVACY AND INFORMATION CONSIDERATIONS
7.1
MPI is responsible for how we col ect, use, share and manage al information and data including personal
information, and for ensuring it is kept secure. How we manage the data and information we gather, and use
is fundamental to ensuring public trust, maintaining the integrity of the public service, and supporting our ability
to deliver services to New Zealanders and businesses in order to protect and grow New Zealand. This also
applies where MPI employs or contracts someone (individual or organisation) to col ect, use or process
information and data including personal or confidential information on our behalf to support our regulatory or
administrative functions. Where we contract out work to another organisation, including where they may
subcontract out to another entity (whether in New Zealand or any other country), we remain accountable for
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how they manage any information and data including personal or confidential information on our behalf.
7.2
The work being undertaken by the successful supplier may include capture and storage of personal and/or
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privacy related information. We are unsure what information the tool wil capture. If the information includes
personal information MPI wil endure the appropriate Data Security and privacy Steps are undertaken in due
diligence and contracting.
7.3
It is expected that any data being col ected wil be provided to MPI on an ad-hoc basis over the life of the
contract.
7.4
In order for MPI to meet its obligations to ensure that any data and information and in particular information
relating to individuals, is careful y managed, the proposed supplier wil be asked to provide information on:
Information
o Policies, processes and procedures for accessing of information and data provided to them or col ected
by them by their employees or subcontractors.
o How any product produced by them as part of the engagement wil be stored within MPI’s system and/or
systems directly control ed by the supplier.
o Process they use or wil use to obtain MPI’s permission for the release of information by third parties,
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including by third party ICT suppliers.
o How they secure, maintain or wil maintain any non-MPI systems where they store and/or process the
data and information related to the proposed engagement to ensure only their appropriate staf , including
the
any subcontractors have access to the information held by the supplier.
o In addition, respondents wil be required to certify that any information provided to them or held by them
or product they produce because of the engagement wil only be processed within New Zealand and that
no data wil be taken of shore without prior writ en approval by MPI. Final y, respondents wil be advised
under
that upon completion of the engagement or upon request by MPI, they wil be obligated to ensure that al
information provided to them by MPI, including any copies (physical or digital) be returned to MPI and/or
securely destroyed to ensure no reasonable likelihood of reconstruction can occur.
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HEALTH AND SAFETY CONSIDERATIONS
8.1
The Health and Safety (H&S) risk for this procurement is Low.
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8.2
Under the Health and Safety at Work Act 2015, MPI is a “person conducting business or undertaking” (or
PBCU). As a PBCU, MPI has a primary duty to ensure, so far as practicable, the health and safety of:
•
its own employees.
•
other workers whose activities it influences or directs (e.g. contractors and their staf ).
•
other persons who could be affected by its work (e.g. visitors and the public).
As part of meeting this obligation, MPI considers the health and safety aspects of any work it intends to engage
a contractor to carry out. This includes ensuring that the businesses it engages have appropriate processes
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in place to mitigate and manage the health and safety risks associated with the work they have been engaged
to do.
8.3
Any contract awarded that is classified as high risk wil include the requirement of a Health & Safety plan to be
developed during the project planning phase. This would need to include al the requirements of the MPI H&S
Checklist.
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RISK
9.1
Overal this procurement is deemed high value, low risk.
9.2
Key risks to be managed:
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Risk
Mitigation
Responsible
Who is to be consulted
Seedling availability across the
Project Crimson Trust Ames Donovan,
Project Crimson
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regions.
has good connections Team Leader –
with nurseries and
Native Af orestation
has confirmed that
Nursery Advice
they can meet
seedling volumes.
The exemption would create a false
If the exemption is
Procurement
Ames Donovan, Team
belief that MPI is limiting the
granted a GETS
Leader – Native
competitive tendering opportunities
notice shal be
Af orestation Nursery
within the market and stifling
published
Advice
Information
competition
documenting the
decision.
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BUDGET & FINANCIAL IMPACT Official
10.1
The approved budget for this procurement is up to $100,000 excluding GST over financial year/s 2022/23 and
2023/2024.
the
10.2
Al expenditure wil be approved by the DFA for cost centre 1219.
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NEGOTIATION/ CONTRACT MANAGEMENT
under
11.1
The MPI Contract Manager wil be Ames Donovan, Team Leader – Native Af orestation Nursery Advice. The
Contract Manager wil be responsible for monitoring the supplier performance, reporting and delivery of agreed
milestones.
11.2
The contract wil include:
o Project inception meeting;
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o Regular reporting, milestones and project meetings;
o A draft final report for MPI feedback and final report; and
o A project close out meeting.
11.3
The Contract Agreement that wil be used is MPI Services Model Contract.
11.4
The term of the contract is expected to be one year from signing of the contract.
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11.5
The Procurement Specialist wil draft the contract in liaison with the project team. Any requested deviations
from standard terms and conditions wil be reviewed and negotiated by the Procurement Specialist in liaison
with MPI Legal, as required.
11.6
Financial management and supplier payments wil be managed by Te Uru Rākau – New Zealand Forest
Service. A Purchase Order(s) wil be raised fol owing signing of the contract. Goods and services wil be
receipted against the Purchase Order(s) upon delivery of the goods/services fol owing Ames Donovan
confirming the required standards are met.
11.7
The timeframes for delivery are outlined in clauses 4.4 and 4.7 of the contract C0035110. Specific reporting
requirements are outlined in clause 4.7 of the contract.
11.8
Payment wil be based on the supplier’s successful completion of milestones as detailed in the Agreement.
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11.9
New intel ectual property arising as a result of the Contract wil be the property of MPI.
11.10
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Lifting Health & Safety Capability (Broader Outcome):
a.
Consider longer term contracts to support suppliers to invest in H&S risk control.
b.
Consider including milestones and associated payments for H&S capability uplift in contracts with
smal and medium enterprises
c.
Consider what can be done to lift the H&S performance of a supplier who can’t immediately meet
MPI’s organisational H&S risk controls and develop a clear plan on how and when the supplier will
come to this standard. If you need to do this, you must seek regular assurance from the contractor
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that the risk control plan is being completed.
d.
Ensure an appropriate H&S Management Plan and Risk Register is in place before work
commences that controls risks to health and safety at least as wel as MPI’s organisational health
and safety risk controls, and review/update it regularly with the supplier.
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e.
Work with suppliers to ensure that they have appropriate systems and processes in place to
manage overlapping H&S duties with other parts of the supply chain, and provide assurance of this
to MPI.
the
f.
Work with the supplier to monitor and manage our contractual and legislative H&S commitments.
11.11
Results of al procurements over $100,000 wil be notified on the Government Electronic Tender Services
(GETS) website by the Procurement Specialist.
under
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COMMUNICATIONS & PUBLICATIONS
12.1
Ames Donovan, the project lead, wil be the key person to advise on internal and external communications.
12.2
A communications plan wil not be required for this procurement.
12.3
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A Kotahi story and external communications may be released once this work is complete.
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Conflict of Interest declaration
for more information on Conflicts of Interest, please visit MPI supplier’s information | NZ
Government: https://www.mpi.govt.nz/about-mpi/suppliers-information/.
I, <name> have made diligent inquiry whether
Project Crimson Trust has any actual, potential or
perceived Conflict of Interest in relation to the proposed contract for
Trees That Count contribution to
FIFA WWC 2023 (Puawānanga) (the Services), and I have disclosed any actual, potential or perceived
Conflict of Interest and how it wil be managed below:
CONFLICT OF INTEREST DECLARATION
Conflict of Interest means any conflict between the Supplier’s interests or obligations with its
responsibilities in performing the Services, such that the independence, objectivity or impartiality
of the Supplier can be called into question.
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I declare that, to the best of my knowledge, there is no actual or potential current conflict of
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interest in relation to the Services.
I declare the fol owing actual or potential current conflict of interest in relation to the Services:
Should further conflicts arise during any contract for the provision of the Services, I wil make
a further declaration and inform the MPI contact manager. Information
If the Supplier becomes aware of any matter, event or circumstance that gives rise to any Conflict
of Interest while performing the Services they must notify MPI in writing. If a Conflict of Interest
does arise the Parties must discuss, and then, without prejudice to MPI’s rights under any
contract, agree and record in writing, how it wil be managed.
Official
The Supplier will do its best to avoid situations that may lead to any Conflict of Interest during
any contract for the Services and wil use all reasonable endeavors to minimise the impact on MPI
the
of any Conflict of Interest.
MANAGEMENT OF ANY CONFLICT OF INTERESTS DECLARED
The following steps are planned to avoid/mitigate the conflict(s):
under
Name of Supplier’s authorised signatory
Robyn Haugh - Chief Executive Project Crimson Trust
Signature of authorised signatory
Released
Date
22 May 2023
I confirm that I have received this declaration and
Declaration
noted its comment.
Name of Ministry for Primary Industries
Sam Keenan, Acting Deputy-Director General Te
reviewer
Uru Rākau – New Zealand Forestry Service.
Signature of reviewer
Date
17 May 2023
Page 1 of 34
Comments
(mandatory where COI is declared)
Contract for Goods and
Services
C0035110 – Trees That Count contribution to FIFA WWC 2023 (Pūawananga)
The Parties
Ministry for Primary Industries (MPI)
(Buyer)
Charles Fergusson Building, 34-38 Bowen Street
1982
Wel ington 6011
And
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Project Crimson Trust
(Supplier)
Project Crimson Trust, PO BOX 24,465
Wel ington 6142
NZBN 9429043032570
GST [57-194-081)]
Information
The Contract
Contract
The Supplier agrees to sell and the Buyer agrees to buy the Goods described in this Contract. The
Buyer also appoints the Supplier to deliver the Services described in this Contract and the Supplier
Official
accepts that appointment. This Contract sets out the Parties' rights and obligations.
The documents forming this Contract are:
the
1. This page
Page 1
2. Contract Details and Description of Goods and Services
Schedule 1
3. Standard Terms and Conditions
Schedule 2
under
4. Any other attachments described at Schedule 1.
How to read this Contract
5. Together the above documents form the whole Contract.
6. Any Supplier terms and conditions do not apply.
7. Clause numbers refer to clauses in Schedule 2.
8. Words starting with capital letters have a special meaning. The special meaning is stated in the
Released
Definitions section at clause 19 (Schedule 2).
Acceptance
In signing this Contract each Party acknowledges that it has read and agrees to be bound by it.
For and on behalf of the
Buyer:
For and on behalf of the
Supplier:
____________________________________
(signature)
(signature)
Name:
Sam Keenan
Name:
Robyn Haugh
Acting Deputy-Director General Te
Chief Executive
Position:
Position:
Uru Rākau – New Zealand Forestry
Service
Date:
17 May 2023
Date:
22 May 2023
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Act
Information
Official
the
under
Released
Schedule 1
Contract Details and Description of Goods and Services
Start Date
Upon signing of the contract
Reference Schedule 2 clause 1
End Date
31 December 2023
Reference Schedule 2 clause 1
Renewal
Not applicable.
Reference Schedule 2 clause 1
Contract
Buyer’s Contract Manager
Supplier’s Contract Manager
Managers
Name:
Ames Donovan
Melanie Seyfort
Reference Schedule 2
clause 6
Title / position:
Team Leader – Native
Head of Partnerships
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Afforestation Nursery
Advice
Address:
Level 1, 1 The Terrace, PO Level 2, 39 Ghuznee
Act
Box 2526 Wel ington 6011
Street, Wel ington
Phone:
9(2)(a)
Email:
[email address] melanie@projectcrimson.
org.nz
Addresses for
Buyer’s address
Supplier’s address
Notices
For the attention of:
Ames Donovan
Melanie Seyfort
Information
Reference Schedule 2
clause 16
c.c. Contract Manager
[cc if senior manager
above]
Delivery address:
Level 1, 1 The Terrace,
Level 2, 39 Ghuznee
Wel ington 6011
Street, Wel ington
Official
Postal address:
PO Box 2526 Wel ington
PO Box 24 465,
Wel ington 6142
Email:
[email address] melanie@projectcrimson.
the
org.nz
Delivery
The plantings must be delivered in the 2023 planting season (June-October).
under
timeframe
Reference Schedule 2
clause 2.8
Delivery Address N/A
Reference Schedule 2
clause 2.8
Delivery note
N/A
Released
Description of Services
The objective of this procurement is to award a contract for the purchase and planting a minimum of
10,000 seedlings in projects across the country at a value of $100,000 in support of the delivery of the
wider Puawānanga - Stars of our Native Forests programme.
The supplier wil coordinate planting projects across the country that align with the Pūawananga - Stars
of our Native Forests programme and work to facilitate further donations through a fundraising
campaign that is also supported by Ministry of Business, Innovation and Employment (MBIE), via
Department of Conservation (DOC).
Context
The FIFA Women’s World Cup 2023 (FIFA WWC) will be held in New Zealand from 20 July-20 August
2023. The FIFA WWC will be the largest women’s sporting event in history with an anticipated global
broadcast audience between 1.2-1.6 bil ion across 205 territories. Government aims to maximise the
impacts and benefits of the event for New Zealand.
Puawānanga, the Crown’s outcome framework for the tournament which was set up collaboratively
across Government and is led by MBIE, is the Government’s program to leverage the FIFA WWC event.
It is important to note that, without specific engagement and agreement from FIFA, the planting project
wil not be able to use the name or the IP of the tournament. We wil be supporting and celebrating the
FIFA WWC rather than directly being part of it.
Department of Conservation is the lead agency for the Crown for FIFA WWC. Ministry for Business,
Innovation and Enterprise (MBIE) is coordinating and supporting the operational delivery of the 1982
tournament to maximise the benefits for New Zealand and New Zealanders. MBIE supports a native-tree
planting project as part of Crown’s leverage and legacy programme – Puawānanga.
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MBIE have approached Te Uru Rākau – New Zealand Forest Service for funding support. The purpose
of this funding is to enable the purchase and planting of 10,000 trees to leverage off the high-profile
opportunity that FIFA WWC presents to achieve sustainably, conservation and community engagement
outcomes nationally. The objective of the project is to develop an engagement and crowdfunding
campaign to enable the planting of native trees around the country through Trees That Count to leave
an enduring legacy.
Campaign objectives: Project Crimson Trust envisage a project with the ability to have its own identity
for marketing and promotional purposes, and:
• provides a connection with enhancing our native biodiversity and wellbeing
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• that talks to and celebrates future generations
• details a story or narrative around the project could include some kind of celebration of women and
girls, of female empowerment or of future generations of female leaders.
Crowd funding would be enabled through the Trees That Count crowdfunding platform (a Tree Registry)
giving total transparency of all trees donated and allowing people to leave a message of support.
Official
Donors wil receive a receipt for their tree donation as wel as a fol ow-up email advising them of the
project where their tree is being planted within New Zealand.
the
This crowdfund wil be kickstarted with the 10,000 trees, purchased through TUR’s funding contribution,
which will include planting sites in or near the four Host Cities (Auckland, Hamilton, Wellington, and
Dunedin) as wel as other regions throughout NZ. Another 15,000 trees will be provided by TUR to this
programme via the Trees For Schools programme.
under
The Trees That Count programme has set a target of seeing 25,000 native trees donated (in addition to
the total 25,000 donated by Te Uru Rākau – New Zealand Forest Service). At an even more ambitious
scale, they’d like to target a total of 64,000 trees donated which would equate to 2000 trees for every
team who plays in the tournament.
The campaign, and the planting projects supported through Te Uru Rākau – New Zealand Forest
Service funding, wil be housed on a page on the Trees That Count website that brings al campaign
content and info together.
Released
Description of Services
The Supplier wil perform the Services and provide the Deliverables set out in the table below. Each
Service and Deliverable is referred to in this Agreement by the name given to it in the table below.
Service
Deliverable
Planning
1. Planning Meetings
1. The supplier will participate in regular
The first planning meeting wil agree the methodology
weekly project meetings for the duration
and approach for the project with key MBIE and Te
of the project.
Uru Rākau – New Zealand Forest Service staff. This
wil include risks and mitigations and finalise the
2. The Supplier wil develop a Project Plan
intended locations of the minimum 10,000 native
for the Services and maintain it up to date trees. The trees wil be planted across a range of
throughout the Term.
land types and are intended to be permanent
plantings. Completion of Health and Safety form.
Given the high-profile nature of this project
subsequent meetings wil be held weekly to ensure
that the delivery of the events is going to plan, and
issues, risks and communications are well-managed.
The final meeting to identify reflections and lessons
learnt.
2. Project Plan
The Project Plan to provide an overview of key
actions and timeframes and personnel required
around the delivery of planting projects that wil see
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10,000 trees planted and fundraising for further trees
(which wil be planted in 2024), to celebrate New
Zealand’s hosting of the FIFA WWC. Act
The plan to include a marketing/communications plan
(noting that this will need to dovetail into a strategic
communications plan being co-ordinated by MBIE
with contribution from Te Uru Rākau – New Zealand
Forest Service).
The Project Plan forms part of this Agreement and
any variation to the plan must be agreed in writing
between the contract managers. In the event of any
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conflict between the plan and the rest of this
Agreement, the rest of this Agreement wil prevail.
Marketing / Media
Co-Branding
The Supplier wil include the required
The Supplier to include the relevant branding and
branding on marketing collateral and media
acknowledgement as advised by Te Uru Rākau –
content as requested by MBIE, DOC and Te
New Zealand Forest Service.
Official
Uru Rākau – New Zealand Forest Service
communications advisors.
the
Trees Planted
Number of trees planted by the community
The Supplier must support communities to
The Supplier agrees to plant a minimum of 10,000
undertake permanent native tree planting in
native trees. The trees wil be planted across a range
projects agreed to by Te Uru Rākau – New
of land types and are intended to be permanent
Zealand Forest Service.
plantings in the locations confirmed from the planning
under meeting.
Progress Report
Final Report
Report detailing progress and number of
A report setting out the Supplier’s approach to the
trees successfully planted and events
plantings including the locations, number of trees
completed due two monthly for duration of
planted per project, the number of people engaged,
contract.
results, success of the crowdfunding campaign, and
lessons learnt.
Released
Deliverables
Amount
Deliverable/Milestone
Performance Standards
Due date
due (exc
GST)
Project plan and marketing plans
Project plan and marketing
01 June
$100,000
provided
plan signed-off by Te Uru
2023
Rākau – New Zealand
Forest Service
Interim Progress reports (2)
Reports received
30 June
N/A
30
September
10,000 trees planted
Final report
December
N/A
Total (exc GST)
$100,000
Performance standards
Key Performance
Measurement
Measurement Service
Description
Indicator
Methodology
Start Date
Level
Natives planted
10,000 plants
Percentage of total
1 June
100%
planted
trees planted
Supplier’s
Report to:
Type of report
Due date
Reporting
Contract
Project plan (to include a
01 June 2023 1982
Requirements
Manager
comms and marketing plan)
Reference Schedule 2
clause 7
Interim Progress reports
30 June 2023
Act
(which align with
30 September 2023
Department of
Conservation reporting
requirements for
Puawānanga). To include:
• actual progress against
planned/forecast progress
• a summary of expenditure
to date, actual against
Information
budgeted,
an update on planting
progress for each site
• plans for the next quarter
• any problems arising or
expected to arise with the
Official
services, deliverables,
milestones, interpretation,
or performance of this
the Agreement generally; and
• any other information
reasonably requested by
MPI concerning the
services.
under Health and Safety
As/when applicable
e.g. if an incident
occurs
Project completion report
15 December 2023
CHARGES: The fol owing section sets out the
Charges.
Charges are the total maximum amount payable by the
Buyer to the Supplier for delivery of the Goods and Services. Charges include
Costs,
Fees, and where agreed,
Released
Expenses and
Daily Allowances (Services only). The Charges for this Contract are set out below.
Cost
Fixed Cost
Reference Schedule 2
clause 5
A fixed cost of $100,000 excl GST.
Expenses
No expenses are payable.
Reference Schedule 2
clause 5
Daily Allowance
No daily allowances are payable.
Reference Schedule 2
clause 5
Invoices
The Supplier must send the Buyer an invoice for the Charges at the following
Reference Schedule 2
Subject to clauses 5 and
times:
13.10
On the fol owing dates subject to completion of the relevant deliverables
Deliverable/Milestone
Due date
Amount due
(exc GST)
The Project Plan wil provide an
overview of key actions and
01 June 2023
$100,000
timeframes, and personnel required for
the delivery of planting projects that wil
see 10,000 trees planted and
fundraising for further trees (which wil
be planted in 2024).
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The plan to also include a marketing
and communications plan (noting that
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this will need to dovetail into a strategic
01 June 2023
communications plan being co-
ordinated by MBIE with contribution
from Te Uru Rākau – New Zealand
Forest Service).
Completion of the MPI Health and
01 June 2023
Safety form.
Information
The Project Plan forms part of this
Agreement and any variation to the
plan must be agreed in writing between
the contract managers. In the event of
any conflict between the plan and the
rest of this Agreement, the rest of this
Official
Agreement wil prevail.
Total (exc GST)
$100,000
the
Addresses for
Buyer’s address
invoices
For the attention of:
MPI Accounts Payable
Reference Schedule 2
Physical address:
Charles Fergusson Building, 34-38 Bowen Street, Wel ington
under
clause 5
Postal address:
PO Box 2526 Wel ington 6140
Email:
[email address]
The invoice must include:
•
an MPI contract number C0035110
•
the purchase order number (to be provided by MPI after contract signing).
Released • the name (enter name) of the MPI Contract Manager who wil be responsible for
the invoice,
•
and any other relevant identifying details
Payments will not be processed if the following are not included.
Insurance
INSURANCE: (clause 10.1 Schedule 2)
Reference Schedule 2
The Supplier must have the following insurance:
Clause 10.1
a. Public liability insurance of $5 Mil ion times the total Fees paid and payable under
this Contract.
Reference Schedule 2 Clause 2.5
Health and Safety
Requirements
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Act
Changes to
Information
NEW CLAUSES
Schedule 2 and
additional
Information Security Requirements
clause/s
Without limiting anything else in this Contract:
•
The Supplier wil continuously employ during the term of this Contract a person(s)
Official
who is responsible for security and information security, and management and
protection of personal information.
the
•
The Supplier will have and maintain at all times during the term of this Contract risk-
based security policies and plans that meet specific business needs, including in the
areas of governance, information (including personal information), personnel and
physical security, in relation to the information, data and services being supplied by
and to MPI under this Contract.
under
•
The Supplier wil during the term of this Contract provide regular information,
awareness training and support to its staff to enable them to meet the New Zealand
Government’s Protective Security Requirements and uphold the Supplier’s security
and information security policies and plans.
•
The Supplier wil have and maintain at all times during the term of the Contract
processes to identify and manage risks to its people, information and assets as part
of engaging subcontractors.
Released • The Supplier must promptly notify MPI if a situation may arise or has arisen where
information provided to or collected by or on behalf of the Supplier (or a sub-
contractor) in relation to the Services may be or has been disclosed to or accessed
by an unauthorised party, including where this may result or has resulted in the
information being published, and must provide reasonable assistance to MPI as may
be required to respond to or mitigate any breach.
•
The Supplier will have or, put in place and maintain at all times during the term of the
Contract a suitable plan to manage security capability that is fit for purpose and will
promptly supply to MPI a copy of the plan/s, and/or a report on their implementation,
if requested by MPI.
•
The Supplier will upon request wil provide, written evidence of the above and details,
as reasonably requested, regarding the collection, storage and/or disposal of any
MPI information or information collected on behalf of the Ministry including any
derived products.
•
The Supplier will, upon request, engage with MPI to identify the Supplier’s current
working practices and any documents or related procedures for information security
and data privacy and, if required, work with MPI in good faith to agree practices and
procedures to mitigate risks to MPI’s information security and data privacy, such
agreement not to be unreasonably withheld.
•
The Supplier must not permit any MPI data to be transferred, stored, or made
available to any person, outside New Zealand, unless expressly authorised by MPI in
writing in advance, which may be subject to conditions.
Attachments
None
1982
Act
Information
Official
the
under
Released
APPENDIX: HEALTH AND SAFETY REQUIREMENTS
Select the appropriate set of clauses from the three options set out below (Low, Medium or High risk), and then delete the
clauses not being used, and delete the headings in square brackets (e.g. “Low risk clauses”). The clauses may be
modified but you should check with Legal before agreeing to any drafting changes. If you have changed any definitions in
Schedule 1 or Schedule 2, you may need to cross-check the terminology in this Appendix.
You may also include specific health and safety reporting requirements (and/or a reporting template) in this schedule if you
wish – see Schedule 2, clause 7.6. If you do include these, they should be placed in this Appendix after the health and
safety
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Act
Information
Official
the
under
Released
HEALTH AND SAFETY PROVISIONS
Low Risk H&S Clauses
1. DEFINITIONS AND INTERPRETATION
1.2. In this [Schedule 2] unless the context requires otherwise:
“
Agreement” means this agreement including all schedules and attachments, and (if this is a master or panel
agreement) includes all Statements of Work entered into under this agreement;
“
Contractor” means “The Project Crimson Trust”;
“
Control measures” has the same meaning as in Regulation 3 of the HSWA (GRWM) Regulations;
“HSWA” means the Health and Safety at Work Act 2015;
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“HSWA Legislation” means the HSWA and includes all regulations made under that Act (including but not limited to
the HSWA (GRWM) Regulations 2016), and any other health and safety-related legislation relevant to the
Contractor’s supply of services to MPI;
Act
“
HSWA (GRWM) Regulations 2016” means the Health and Safety at Work (General Risk and Workplace
Management) Regulations 2016;
“Worker” has the same meaning as in section 19 of the HSWA;
“Serious health and safety incident” means a notifiable event within the meaning of HSWA that is:
(a) The death of a person; or
(b) A notifiable injury or illness
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“Term” means the term of this Agreement.
1.3. Other terms used but not defined in this [Schedule 2] have the same meaning as in HSWA. References to
clauses are to clauses in this Schedule, unless otherwise stated.
2. HEALTH AND SAFETY REQUIREMENTS
Official
Compliance with Health and Safety Legislation and Directions
the
2.1 During the Term the Contractor wil :
a) Consult, cooperate and coordinate with MPI to ensure that the Parties each comply with their respective
obligations under HSWA Legislation as they relate to this Agreement;
b) Perform its, and ensure that its Workers perform their, obligations under this Agreement in compliance with
the HSWA Legislation, including but not limited to:
under
• Duties of a PCBU under SS36–43 of HSWA;
• Obligations relating to the identification of hazards and implementation of control measures under
the HSWA (GRWM) Regulations;
c) Comply with all reasonable directions of MPI relating to health and safety, as notified to the Contractor
from time to time, that are reasonably necessary to al ow MPI to manage its duties as a PCBU;
Maintenance of Health and Safety Policies and Practices
2.2 During the Term the Contractor wil :
Released
(a) Maintain a general health and safety policy and practices that are appropriate to the nature of the Services
provided to MPI;
(b) Comply with its own health and safety policy and practices, and ensure its Workers so comply.
Notifiable Events
2.3 During the Term the Contractor wil notify all notifiable events occurring during delivery of the Services to MPI to
WorkSafe NZ within the timeframe and in accordance with the requirements of HSWA.
2.4 Where a notifiable event has been notified to WorkSafe NZ, but not reported to MPI under clause 2.6, the
Contractor will ensure it includes a summary of that notifiable event in the next available progress report
submitted by the Contractor to MPI. This clause applies only if the Contractor is required under Schedule 1 to
submit progress reports to MPI.
Health and Safety Reporting
2.5 During the Term the Contractor wil comply with any health and safety reporting requirements outlined in
Schedule 1.
2.6 Without limiting clause 2.4, the Contractor wil , within one Business Day of becoming aware of the occurrence of
a serious health and safety incident arising from the supply of the Services to MPI, report details of that incident
to MPI in writing (including the name and position of any Worker involved, the nature and location of the incident,
and the type and extent of the health and safety risk raised by the incident)
Health and Safety Audit and Inspection
2.7 MPI may, at any time during the Term:
(a) Require information or documentation from the Contractor in relation to any matter concerning the
Contractor’s health and safety performance or compliance in relation to the Services, or relating to a health
and safety incident or risk; or
(b) Carry out a paper-based audit of the Contractor’s health and safety system as it relates to the Services;
2.8 At any reasonable time during Business Hours, MPI may carry out a physical inspection of any place of work
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that the Contractor is using or intends to use in connection with the supply of Services to MPI.
Act
Information
Official
the
under
Released
SCHEDULE 1
HEALTH AND SAFETY TERMS
1
DEFINITIONS
1.1
In this Schedule, unless the context requires otherwise:
“
Control measures” has the same meaning as in regulation 3 of the HSW (GR&WM) Regulations 2016;
“Health and Safety Management Plan” means a written plan agreed between Project Crimson Trust and
MPI for the management of risks and hazards relating to Project Crimson Trust’s delivery of services to MPI.
A plan may be documented on a template supplied by MPI, or on Project Crimson Trust’s own template. If
not completed on MPI’s template, then the plan must at a minimum include the following matters:
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(a)
The H&S Risk Register, specific to the contracted work (including identified risks and
mitigations, and assigned responsibilities for managing those risks).
(b)
Confirmation of how those risks wil be communicated to workers.
(c)
Clearly assigned H&S roles & responsibilities for the Services being provided (the name of the
Act
person responsible, rather than position titles).
(d)
Details of regular meetings to discuss H&S matters relating to the Services being provided (this
is a requirement for al high risk contracts).
(e)
Details of regular (min. monthly) reporting on H&S incidents (incl. near misses) & corrective
actions.
(f)
Required Personal Protective Equipment (PPE), and assigned responsibility for checking
equipment.
(g)
Any applicable Standard Operating Procedures (step-by-step instructions on key tasks) in place
& how workers access these.
(h)
The name of any and all contractors, subcontractors and if applicable volunteers engaged to
assist with the work (and how they will be managed by the contractor).
Information
(i)
The H&S induction process for workers involved in the contract.
(j)
Identification of required training and/or certification to carry out the work (and confirmation of
who checks training and/or certification has been completed).
(k)
Emergency procedures, specific to the contracted work.
(l)
Details on how the contractor’s H&S performance will be monitored.
(m)
The process agreed with MPI for regular consultation, co-ordination and co-operation with MPI
Official
on health and safety matters, related to the Services provided.
“HSWA” means the Health and Safety at Work Act 2015;
the
“HSWA Legislation” means the HSWA and includes all regulations made under that Act, including but not
limited to the HSW (GR&WM) Regulations 2016), and any other health and safety-related legislation
relevant to Project Crimson Trust’s supply of Services to MPI;
“
HSW (GR&WM) Regulations 2016” means the Health and Safety at Work (General Risk and Workplace
under
Management) Regulations 2016.
“Notifiable event” means a notifiable event within the meaning of section 25 of the HSWA, including but not
limited to the following situations as a result of work:
(a)
A death;
(b)
A notifiable illness or injury;
(c)
A Notifiable incident.
“Notifiable incident” means a notifiable incident within the meaning of section 24 of the HSWA.
Released
“PCBU” means a person conducting a business or undertaking within the meaning of section 17 of the
HSWA. For the purposes of this Agreement, both MPI and Project Crimson Trust are PCBUs and are
required to consult, cooperate and coordinate their activities to meet their health and safety obligations to
workers and others affected by the work in the delivery of the Services;
"
Term" means the term of this Agreement.
“
Worker” means an individual who carries out work in any capacity for a PCBU within the meaning of section
19 of the HSWA.
1.2
Other terms used but not defined in this Schedule have the same meaning as in HSWA.
2.
COMPLIANCE WITH HEALTH & SAFETY LEGISLATION AND DIRECTIONS
2.1
During the Term each of MPI and Project Crimson Trust wil :
(a)
Consult, cooperate and coordinate activities with MPI to ensure that the Parties comply with
their respective obligations under HSWA Legislation as they relate to this Agreement, including
attending regular meetings with MPI to discuss health and safety matters;
(b)
Perform it’s, and ensure its workers perform their, obligations under this Agreement in
compliance with HSWA Legislation, including but not limited to the:
i.
Duties of a PCBU under ss36–43 of HSWA;
ii.
Duties relating to the identification of hazards and implementation of Control Measures
under the HSW (GR&WM) Regulations;’
iii.
Duties relating to the keeping of records under s57 of HSWA.
2.2
The Contractor wil comply with all reasonable directions of MPI relating to health and safety as notified from
time to time on any matters not addressed in MPI’s or Project Crimson Trust’s health and safety policy and
1982
procedures, or in the Health and Safety Management Plan.
2.3
MPI acknowledges that any Worker engaged by Project Crimson Trust’s in the performance of the Services
has a statutory right to cease or refuse to carry out unsafe work, as that term is defined under section 82 of
Act
the HSWA.
2.4
During the Term MPI may consult with Project Crimson Trust’s on any concerns it has on any matters not
addressed in Project Crimson Trust’s health and safety policy and procedures. This includes where MPI
considers there are new or increased risks or hazards or WorkSafe issues, applicable best practice
guidelines or policies.
3.
HEALTH AND SAFETY POLICIES, PRACTICES AND PLANS
3.1
During the Term Project Crimson Trust’s wil :
Information
(a)
Maintain a general health and safety policy and practices that are appropriate to the nature of
the Services provided to MPI;
(b)
Comply with its health and safety policy and practices, and ensure its Workers also comply; and
Official
(c)
Consider any concerns raised by MPI under clause 2.4, and make changes to its health and
safety documentation and procedures as it deems appropriate.
the
3.2
Within 10 Business Days after commencing the provision of Services contracted under this Agreement,
Project Crimson Trust’s wil submit to MPI a draft written Health and Safety Management Plan which
includes the information required in clause 1.1, identification of all health and safety risks arising from the
contracted activities, and outlining how Project Crimson Trust’s proposes to mitigate and manage these
risks. MPI wil have the opportunity to review and comment on the draft plan, and offer suggestions to
Project Crimson Trust’s
under
3.3
Having duly considered MPI’s comments, Project Crimson Trust’s wil finalise the Health and Safety
Management Plan within a further 10 Business Days (or such longer period as the Parties may agree in
writing). The Parties must not unreasonably withhold their agreement to the Health and Safety Management
Plan.
3.4
Where a Health and Safety Management Plan is in place, Project Crimson Trust’s must comply, and ensure
its Workers comply, with the plan. Project Crimson Trust’s must also review and if necessary update the
Health and Safety Management Plan at intervals no longer than every six (6) months, and
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(a)
Following any serious incident; and/or
(b)
At any time Project Crimson Trust’s or MPI reasonably considers that new or increased risks or
hazards have arisen in the provision of Services.
3.5
If the Parties are unable to agree on the content of the Health and Safety Management Plan, then MPI in its
sole discretion may:
(a)
Suspend or terminate all or part of the Services under this Agreement, either permanently or
until such time as the Health and Safety Management Plan has been agreed between the
Parties; or
(b)
Refer the matter to the dispute resolution clauses under this Agreement.
3.6
During the Term MPI may request any changes to Health and Safety Management Plan that MPI considers
are reasonably necessary to manage any new or increased risks or hazards. Where new or increased costs
would be incurred by the requested change, Project Crimson Trust’s may seek an agreed variation to cover
those costs. If the change to the plan cannot be agreed, then MPI may exercise any of the options set out in
clause 3.5 above.
4.
NOTIFYING EVENTS TO WORK SAFE NZ
4.1
During the Term Project Crimson Trust’s wil ensure that all Notifiable events occurring during delivery of the
Services are duly notified to:
(a)
WorkSafe NZ in accordance with the requirements of section 56 of the HSWA; and
(b)
MPI within one Business Day of becoming aware of the event.
4.2
Where Project Crimson Trust’s notifies WorkSafe NZ of a Notifiable event, Project Crimson Trust’s must report
the event to MPI within one Business Day of becoming aware of the event (in accordance with clause 4.1) and
in addition promptly provide a written summary of that Notifiable event and corrective actions identified to MPI.
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5.
REGULAR HEALTH AND SAFETY REPORTING TO MPI
Act
5.1
During the Term Project Crimson Trust’s will comply with the health and safety reporting requirements outlined
Appendix 1 to this Schedule.
6. NON-COMPLIANCE AND CORRECTIVE ACTIONS
6.1
If MPI becomes aware of a breach of HSWA Legislation or these health and safety clauses by the Contractor
or its personnel or subcontractors in relation to the Services, MPI may, in its reasonable discretion, require the
Contractor to do any one or more of the following:
(a)
Remedy any breach of the HSWA legislation or this Agreement;
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(b)
Suspend or terminate all or part of the Services under this Agreement, until such time as the
breach has been remedied and/or the health and safety risk eliminated or managed (and during
any such period of suspension MPI is not required to make payment to Project Crimson Trust’s
for the Services);
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(c)
If the breach relates to the acts or omissions of a subcontractor, direct Project Crimson Trust’s
to terminate or suspend the relevant subcontract;
the
(d)
Make an amendment to the Health and Safety Management Plan to manage health and safety
risks; and/or
(e)
Refer the matter to dispute under [Schedule 2: General Terms (Dispute Resolution)].
6.2
In the event that Project Crimson Trust’s fails to remedy a breach or take any other action required by MPI
under
under clause 6.1, MPI may terminate this Agreement under [Schedule 2] of this Agreement. In this event,
MPI’s liability is limited to payment for Services performed in accordance with this Agreement up to and
including the date on which MPI gave notice of the action required to be taken.
7.
SUBCONTRACTORS
7.1
This clause applies in addition to any other clauses in this Agreement relating to Subcontractors.
7.2
MPI may, at any time during the Term, require Project Crimson Trust’s to:
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(a)
Conduct a health and safety pre-qualification process for all, or any particular, subcontractors
Project Crimson Trust’s proposes to use to deliver the Services; and/or
(b)
Submit a Health and Safety Management Plan, or amend an existing Health and Safety
Management Plan, to address specific health and safety risks posed by the proposed use of the
subcontractor.
7.3
Project Crimson Trust’s must ensure that prior to the delivery of Services by any subcontractor, the
subcontractor has been advised of, and complies with:
(a)
Project Crimson Trust’ss health and safety policy and procedures;
(b)
The Health and Safety Management Plan relevant to the Services provided
(c)
Any specific site based health and safety issues in delivering the Services.
(d)
Any health and safety directions given by MPI to Project Crimson Trust’s under clause 2.1(c).
8.
RECORDS
8.1
Project Crimson Trust’s must keep all records required under the HSWA (and promptly provide them on
request to MPI).
8.2
In addition to any records required under HSWA, Project Crimson Trust’s must keep records (and
provide
them on request to MPI) of:
(a)
Any health and safety incidents which have been investigated internally by Project Crimson
Trust’s, or by WorkSafe NZ, relating to the Services (and the outcome of such investigations);
(b)
Health and safety due diligence processes, and any associated documents, relating to the
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health and safety compliance and performance of subcontractors used for the Services.
9.
HEALTH AND SAFETY AUDIT AND INSPECTION
Act
9.1
MPI may, at any time during the Term:
(a)
Require Project Crimson Trust’s to provide information or documentation in relation to any
matter concerning Project Crimson Trust’s health and safety performance or compliance in
relation to the Services, or relating to a health and safety incident or risk; or
(b)
Carry out a paper-based audit of Project Crimson Trust’s health and safety system as it relates
to the Services;
9.2
At any reasonable time during Business Hours, MPI may carry out a physical inspection of any place of work
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that Project Crimson Trust’s is using or intends to use in connection with the supply of Services to MPI.
Appendix 1: REGULAR HEALTH AND SAFETY REPORTING
Official
Project Crimson Trust’s health and safety reporting obligation comprise the fol owing:
1. Notifiable events
the
As set out in clause 4.1(b), Notifiable events must be reported to MPI within one Business Day of Project Crimson
Trust’s becoming aware of the event. To clarify under clause 4.2 where WorkSafe has been notified Project
Crimson Trust’s must also promptly provide a written summary of that Notifiable event and corrective actions to
MPI.
under
2. Contemporaneous reporting of serious incidents
Project Crimson Trust’s must report any serious incident to MPI as soon as practicable.
A “serious
risk
incident” means any health and safety incident relating to the Services provided under this
Agreement that has a potential for, or results in serious harm.
For all other contracted activities:
Serious incidents must be reported contemporaneously to your MPI Technical Liaison/Contract Manager via email
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or phone
and via MPI’s Safety and Wel being team via email address SafetyAndWel [email address].
3. Critical risk incidents
The following critical risks apply to the Services provided under this Agreement:
• None identified.
For all other contracted activities:
Serious critical risk incidents must be reported contemporaneously to your MPI Technical Liaison/Contract
Manager via email or phone
and via MPI’s Safety and Wel being team via email address
[email address].
All critical risk incidents must be reported monthly to MPI via MPI’s Safety and Wel being team via email address
[email address].
4. Monthly summary of all incidents
In addition to other reporting requirements, Project Crimson Trust’s must deliver a written monthly report to MPI
summarising all health and safety incidents relating to the Services provided under this Agreement. The monthly
report must include:
(a) The identity of the project, response, long-term programme or other piece of work the incident-related
to. Where this is not possible the incidents will be classified general y (i.e. general laboratory
incidents).
(b)
Corrective actions identified for each critical risk incident and whether these have been implemented,
including any corrective actions taken as a result of any MPI or WorkSafe NZ audit or investigation, or
any internal investigation resulting from a Notifiable event.
(c) Any instances [THE CONTRACTOR] becomes aware of where its Workers, in carrying out Services,
have not complied with the requirements of this Agreement or HSWA in relation to health and safety, or
have not complied with MPI’s health and safety policy or practices, or those of Project Crimson Trust’s;
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(d) Current status of any injured Workers; and
(e) Any damaged property or environmental damage or pol ution to the extent that it relates to a health or
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safety risk of the Services.
The monthly report must be delivered to [THE CONTRACTOR’S] MPI Technical Liaison/Contract Manager by
the 30th day of each month (or nearest working day) during the Term.
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the
under
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Schedule 2
Standard Terms and Conditions—
Goods and Services
Length of Contract
1982
Act
1.1
Start Date: This Contract starts on the Start Date. Goods and Services
must not be delivered before the Start Date.
1.2
End Date: This Contract ends on the End Date.
1.3
Renewal:
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a. The Buyer may extend the End Date the number of times, and for
the additional period (
Additional Period), set out in Schedule 1 by
giving the Supplier Notice at least 20 Business Days before the
then current End Date (
Extension Notice).
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b. If the Buyer gives an Extension Notice, the Contract wil be
renewed for the Additional Period on the same terms, unless the
Parties agree otherwise in a Variation.
the
The Goods and Services
under
2.1
Both Parties’ obligations: Both Parties agree to:
a. act in good faith and honestly in their dealings with each other
b. discuss matters affecting this Contract or the delivery of the
Services, whenever necessary
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c. notify each other promptly of any actual or anticipated issues that could:
•
significantly impact on the Goods, Services or the Charges, and/or
•
receive media attention, and
d. comply with al applicable laws and regulations.
2.2
Buyer’s obligations: The Buyer must:
a. provide the Supplier with any information and/or access to Buyer
Personnel the Supplier has reasonably requested to enable the
delivery of the Goods and Services
b. make decisions and give approvals reasonably required by the
Supplier to enable delivery of the Goods and Services, within
reasonable timeframes, and
c. pay the Supplier the Charges for the Goods and Services in accordance with this
Contract.
2.3
Supplier’s obligations: The Supplier must:
a. deliver the Goods and Services:
•
on time (including meeting all Milestones on time), except where
delay is caused by the Buyer, and to the required performance
standards and quality set out in Schedule 1 or reasonably
notified by the Buyer to the Supplier from time to time, and
•
with due care, skill and diligence, and to the appropriate
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professional standard or in accordance with good industry practice
as would be expected from a leading supplier in the relevant
industry
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b. ensure that its Personnel have the necessary skills, experience,
training and resources to deliver the Goods and Services
c. provide all equipment and resources necessary to deliver the Goods and
Services, and
d. comply with the
Supplier Code of Conduct issued by the
Procurement Functional Leader (see www.procurement.govt.nz)
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and any other relevant codes of conduct listed in Schedule 1.
2.4
Approved Personnel: Where Approved Personnel have been agreed in
Schedule 1, the Supplier must: Official
a. use those Approved Personnel in delivering the Goods and Services, and
b. obtain the Buyer's prior written approval if it wishes to change
the
any Approved Personnel.
2.5
Premises: If the Supplier is at the Buyer’s premises, the Supplier must
observe the Buyer's policies and procedures, including those relating to
under
health and safety, and security requirements, as provided to the Supplier.
2.6
Health, Safety and Security: The Supplier must:
a. consult, cooperate and coordinate with the Buyer regarding the Parties’
overlapping obligations under, and what is required from the Supplier
to assist the Buyer to comply with, the HSW Act as it relates to, or
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affects, the Contract
b. comply, and ensure that its Personnel comply, with their obligations
under the HSW Act as it relates to, or affects, the Contract
c. comply with al reasonable directions of the Buyer relating to health,
safety, and security, and
d. report any of the following that applies to the Supplier or the Buyer, or
relates to or affects the Contract:
•
notifiable injury, illness, incident or event, or any notice issued
under the HSW Act or any other health and safety legislation, and
•
Protective Security Incident.
2.7
Employment standards: The Supplier must
a. comply with its obligations under the Employment Relations Act
2000, Minimum Wage Act 1983, Wages Protection Act 1983,
Holidays Act 2003 and the Parental Leave and Employment
Protection Act 1987, and
b. report any instances where the Supplier is being investigated by the
Labour Inspectorate, or where the Supplier has been found by the
Labour Inspectorate, Employment Relations Authority, or the
Employment Court to have breached any of the legislation referenced
in clause 2.7.a.
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2.8
Respect: The Supplier must deliver the Goods and Services in a manner that:
a. is cultural y appropriate for Māori, Pacific and other ethnic or indigenous groups,
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and
b. respects the personal privacy and dignity of all individuals.
Goods
2.9
The Supplier must supply Goods which meet the Description of Goods in Schedule 1, the
requirements of this Contract, and which are supplied in accordance with orders from the
Buyer.
2.10
The Supplier must deliver the Goods to the Delivery Address stated in Schedule 1, or such
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other address the Buyer specifies, on time, and for the Charges. It is essential that Goods
are delivered on time.
2.11 The Supplier must notify the Buyer immediately in writing if the Supplier becomes aware of
any actual or possible delay in delivery of the Goods.
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2.12 If a warranty or maintenance obligation (including a warranty from a manufacturer) applies in
relation to the Goods or any items incorporated into or supplied with the Goods, the Supplier
must ensure that the benefit of the warranty or obligation is passed on to the Buyer.
the
Goods must satisfy criteria
2.13 The Goods must:
a. be of merchantable quality and free from defects in design, materials or construction
under
b. be fit for the purposes for which they are intended to be used
c. comply with the Description of Goods stated in Schedule 1
d. comply with any sample of the Goods provided by the Supplier, except if the Buyer has
agreed otherwise in writing
e. be new and unused, unless the Buyer has agreed otherwise in writing, and
f. be packaged so as to protect the contents and keep them clean, dry and in a new
condition until they are first used, if appropriate.
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Orders – Goods: If this Contract is for a one off purchase of Goods, the Supplier wil
supply the Goods specified in Description of Goods, Schedule 1.
If this Contract is for the ongoing supply of Goods, the Buyer may place orders for the
Goods with the Supplier from time to time. Each order must:
a. be in writing
b. be sent by post, email, e–procurement system or other electronic means
c. specify the volume and type of Goods ordered, and
d. be in any form that is agreed between the Buyer and the Supplier.
2.14 The Goods are supplied under the terms of this Contract. Any Supplier terms and conditions
stated in its sales order form, delivery receipt, e-procurement system or elsewhere do not
apply.
Charges and payment
3.1
Maximum amount: The Charges are the total maximum amount payable
by the Buyer to the Supplier for delivery of the Goods and Services.
Charges include Fees and, where agreed, Expenses and Daily Allowances. 1982
3.2
Valid tax invoice: The Supplier must provide valid tax invoices for all
Act
Charges on the dates or at the times specified in Schedule 1. The Buyer has
no obligation to pay the Charges set out on an invoice that is not a valid tax
invoice. A valid tax invoice must:
a. clearly show all GST due, if any
b. be in New Zealand currency or the currency stated in Schedule 1
c. be clearly marked 'Tax invoice'
d. contain the Supplier's name, address, NZBN and GST number, if
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the Supplier is registered for GST
e. contain the Buyer’s name and address and be marked for the
attention of the Buyer's Contract Manager or such other person
stated in Schedule 1
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f.
state the date the invoice was issued
g. name this Contract and provide a description of the Goods and
Services supplied, including the amount of time spent in the delivery of
the
the Goods and Services if the Charges are based on an Hourly Fee
Rate or Daily Fee Rate
h. contain the Buyer's contract reference or purchase order number if there is one
under
i.
state the Charges due, calculated correctly, and
j.
be supported by GST receipts if Expenses are claimed, and any
other verifying documentation reasonably requested by the Buyer.
3.3
Payment: Subject to clauses 3.4 and 11.4(e), if the Buyer receives a valid tax invoice:
a. on or before the 5th Business Day of the month, the Buyer wil pay
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that invoice by the 20th calendar day of that month, or
b. after the 5th Business Day of the month, the Buyer wil pay that
invoice by the 20th calendar day of the fol owing month.
3.4
Dispute: The Buyer must notify the Supplier within 10 Business Days of the
date of receipt of a tax invoice if the Buyer disputes any part of that tax
invoice, and the Buyer:
a. must pay the portion of the tax invoice that is not in dispute (and the
Supplier wil provide a further valid tax invoice for the undisputed
amount if required), and
b. may withhold payment of the disputed portion until the dispute is resolved.
Contract management
4.1
Contract Manager: The persons named in Schedule 1 as the Contract
Managers wil manage the Contract, including:
a. managing the relationship between the Parties
b. overseeing the effective implementation of this Contract, and
c. acting as a first point of contact for any issues that arise.
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Act
4.2
Changing the Contract Manager: A Party may change its Contract
Manager by tel ing the other Party, in writing, the name and contact details
of the replacement.
Information management
Information
5.1
Information and Records: The Supplier must:
a. keep and maintain Records in accordance with prudent business
practice and all applicable laws
b. make sure the Records clearly identify all relevant time and
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Expenses incurred in providing the Goods and Services
c. make sure the Records are kept safe and are easy to access
the
d. give information to the Buyer relating to the Services that the Buyer
reasonably requests, in a format that is usable by the Buyer, and within
a reasonable time of the request
e. co-operate with the Buyer to provide information promptly if the
under
information is required by the Buyer to comply with an enquiry or its
statutory, parliamentary, or other reporting obligations
f.
make its Records available to the Buyer during the term of the
Contract and for 7 years after the End Date (unless already provided
to the Buyer earlier), and
g. make sure that Records provided by, or created for, the Buyer are
securely managed and destroyed on their disposal.
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5.2
Reports: The Supplier must give the Buyer the reports, by the due
dates, stated in Schedule 1.
The contractual relationship
6.1
Independent contractor: Nothing in this Contract constitutes a legal
relationship between the Parties of partnership, joint venture, agency, or
employment.
6.2
No representing: Neither Party has authority to bind or represent the
other Party in any way.
6.3
Transfer of rights or obligations: The Supplier must not transfer any of its
rights or obligations under this Contract without the Buyer’s prior written
approval. The Buyer wil not unreasonably withhold its approval.
Subcontractors
1982
Act
7.1
Subcontracting: The Supplier must not enter into a contract with someone
else to deliver any part of the Goods and Services without the Buyer's prior
written approval.
7.2
Supplier responsibilities: The Supplier:
a. must ensure that each Subcontractor is suitable and has the capability
and capacity to deliver that aspect of the Goods and Services being
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subcontracted
b. must ensure that:
•
each Subcontractor is fully aware of the Supplier's obligations
under this Contract, and
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•
any subcontract it enters into is on terms that are consistent with this Contract
c. is responsible for delivering the Goods and Services under this
Contract even if aspects of the Services are subcontracted, and
the
d. is responsible for the acts and omission of any Subcontractor as if they
were the acts and omissions of the Supplier.
Insurance
under
8.1
The Supplier is responsible for ensuring its risks of doing business are
adequately covered, whether by insurance or otherwise. If required in
Schedule 1, the Supplier must:
a. hold the insurance, with a reputable insurer, as specified in Schedule 1,
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and maintain that insurance cover for the term of this Contract and for a
period of 3 years after the End Date, and
b. provide a certificate confirming the nature of the insurance cover and
proving that each policy is current, within 10 Business Days of any
request from the Buyer.
Conflicts of Interest
9.1
Avoiding conflicts of interest: The Supplier:
a. warrants that as at the Start Date, it has no Conflict of Interest in
providing the Services or entering into this Contract, and
b. must do its best to avoid situations that may lead to a Conflict of Interest arising.
9.2
Obligation to tell Buyer: The Supplier must tel the Buyer promptly, in
writing, if any Conflict of Interest arises in relation to the Services or this
Contract. If a Conflict of Interest does arise the Parties must discuss, agree
and record in writing whether it can be managed and, if so, how it wil be
managed. Each Party must pay its own costs in relation to managing a
Conflict of Interest.
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Resolving disputes
Act
10.1
Negotiation: The Parties agree to use their best endeavours to resolve
any dispute that may arise under this Contract. The fol owing process will
apply to disputes:
a. a Party wil notify the other if it considers a matter is in dispute
b. the Contract Managers wil attempt to resolve the dispute through negotiation
c. if the Contract Managers have not resolved the dispute within 10
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Business Days of notification, they wil refer it to the Parties' senior
managers for resolution, and
d. if the senior managers have not resolved the dispute within 10
Business Days of it being referred to them, the Parties shall refer the
dispute to mediation or, if agreed by the parties, some other form of
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alternative dispute resolution.
the
10.2
Mediation: If a dispute is referred to mediation, the mediation wil be conducted:
a. by a single mediator agreed by the Parties or if they cannot agree,
appointed by the Resolution Institute
b. on the terms of the Resolution Institute Mediation Rules, and
under
c. at a fee to be agreed by the Parties or if they cannot agree, at a fee
determined by the Resolution Institute.
10.3
Costs: Each Party wil pay its own costs of mediation or alternative
dispute resolution under this clause 10.
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10.4
Effect of dispute: If there is a dispute, each Party wil continue to perform
its obligations under this Contract as far as practical given the nature of
the dispute.
10.5
Taking court action: Each Party agrees not to start any court action in
relation to a dispute until it has complied with the process described in
clause 10.1, unless that Party requires urgent relief from a court.
Ending this Contract
11.1
Supplier’s request to terminate: At any time during the term of this
Contract the Supplier may notify the Buyer that it wishes to terminate this
Contact. The Buyer will, within 20 Business Days following receipt of the
Supplier’s Notice, notify the Supplier whether, in its absolute discretion, it
consents to the Supplier’s Notice of termination. If the Buyer:
a. consents, the Contract wil be terminated on a date that is mutual y
agreed between the Parties, or
b. does not consent, the Contract wil continue in full force as if the
Supplier’s Notice requesting termination had not been given.
1982
11.2
Buyer’s termination for convenience:
Act
a. The Buyer may terminate this Contract at any time by giving not
less than 20 Business Days’ Notice to the Supplier.
b. If the Buyer terminates the Contract under this clause then, subject to all
other clauses of this Contract, the Buyer wil pay the Supplier for all
Goods and Services performed up to the End Date.
11.3
Buyer’s termination for cause: The Buyer may terminate this Contract
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immediately, by giving Notice, if the Supplier:
a. becomes bankrupt or insolvent
b. has an administrator, receiver, liquidator, statutory manager,
mortgagee's or chargee's agent appointed
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c. becomes subject to any form of external administration
d. ceases for any reason to continue in business
the
e. does something or fails to do something that, in the Buyer's opinion,
results in damage to the Buyer's reputation or business or the
reputation or business of the Crown
f.
has a Conflict of Interest that in the Buyer's opinion is so material
under
as to impact adversely on the delivery of the Goods and Services,
the Buyer or the Crown, or
g. provides information to the Buyer that is misleading or inaccurate in
any material respect.
11.4
Termination for breach:
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a. If a Party breaches this Contract (
defaulting Party), the non-
defaulting Party may give a default Notice to the defaulting Party.
b. A default Notice must state:
•
the nature of the breach, and
•
the time and date by which it must be remedied.
c. The period allowed to remedy the breach must be reasonable given
the nature of the breach.
d. The non-defaulting Party may terminate this Contract immediately by
giving a further Notice to the defaulting Party if the defaulting Party
does not remedy the breach as required by the default Notice.
e. If the Buyer gives a default Notice to the Supplier, the Buyer may also:
•
withhold any payment of Charges due until the breach is remedied
as required by the default Notice, and/or
•
if the breach is not remedied as required by the default Notice,
deduct a reasonable amount from any Charges due to reflect the
reduced value of the Goods and Services to the Buyer.
11.5
Supplier’s obligations:
a. On giving or receiving a Notice of termination, the Supplier must:
•
comply with any conditions contained in the Notice, and
1982
•
immediately do everything reasonably possible to reduce its
losses, costs and expenses arising from the termination of this
Contract.
Act
b. On termination or expiry of this Contract, the Supplier must, if
requested by the Buyer, promptly return or securely destroy all
Confidential Information and other material or property belonging to
the Buyer.
11.6
Accrued rights: The termination or expiry of this Contract does not affect
any rights of a Party which:
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a. arose prior to the End Date, or
b. relate to any breach of this Contract that arose prior to the End Date.
11.7
Buyer’s rights: Subject to clause 11.2(b), if this Contract is terminated the Buyer:
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a. wil only be liable to pay Charges that were due for Goods and
Services delivered before the effective date of termination, and
the
b. may recover from the Supplier or set off against sums due to the
Supplier, any Charges paid in advance for Goods and Services or
Deliverables that have not been provided.
under
11.8
Handing over the Services:
a. The Supplier wil provide all reasonable assistance and cooperation
necessary to facilitate a smooth handover of the Goods and Services
to the Buyer or any person appointed by the Buyer during the term of
this Contract and for a period of 10 Business Days after the End
Date.
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b. If required by the Buyer, the Supplier wil provide additional assistance
to support any replacement supplier to deliver the Goods and Services,
for a period of up to 3 months from the End Date at a reasonable fee to
be agreed between the Parties, based on the Charges.
Intellectual Property Rights
12.1
Ownership of Intellectual Property Rights:
a. Pre-existing Intellectual Property Rights remain the property of their owner.
b. New Intel ectual Property Rights in the Deliverables become the
property of the Buyer when they are created, and the Supplier agrees
to do all things necessary to give effect to this clause 12.1(b).
c. New Intel ectual Property Rights that are not in the Deliverables wil
become the property of the Party that created them.
d. The Supplier grants to the Buyer (as the Crown) a perpetual, non-
exclusive, worldwide, transferable, sub-licensable and royalty-free
licence to use, for any purpose, all Intel ectual Property Rights in the
Deliverables that are not owned by the Buyer to:
•
receive the ful benefit of the Goods and Services and Deliverables, and
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•
use, copy, modify and distribute the Deliverables.
Act
12.2
Supplier warranties: The Supplier warrants that:
a. it is legally entitled to grant the licence in clause 12.1(d), and
b. the Crown’s use of anything provided by the Supplier and incorporated
in the G o o d s a n d Services and Deliverables, for the purposes
communicated to, or that are or ought to be known by, the Supplier, wil
not infringe the rights, including Intellectual Property Rights, of any third
party.
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The Supplier’s liability for breach of the warranties in this clause is not
subject to any limitation or cap on liability that may be stated elsewhere
in this Contract.
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Confidential Information
the
13.1
Protection of Confidential Information: Each Party agrees to not use or
disclose the other Party's Confidential Information to any person or organisation
other than: under
a. to the extent that use or disclosure is necessary for the purposes of
providing the Deliverables or Services or, in the case of the Buyer,
using the Deliverables or Services
b. if the other Party gives prior written approval to the use or disclosure
c. if the use or disclosure is required by law (including under the Official
Information Act 1982), Ministers, parliamentary convention or any
other regulation, rules or policy that is binding on that Party, or
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d. if the information has already become public, other than through a
breach of the obligation of confidentiality by one of the Parties.
13.2
Obligation to inform staff: Each Party wil ensure that its Personnel:
a. are aware of the confidentiality obligations in this Contract, and
b. do not use or disclose any of the other Party's Confidential
Information except as allowed by this Contract.
13.3
Security: Each Party wil :
a. put in place and maintain adequate security measures to safeguard the
other Party's Confidential Information from unauthorised access or use
by third parties
b. notify the other Party if it becomes aware of any suspected or actual
unauthorized use, copying or disclosure of the other Party’s
Confidential Information, and
c. comply with any reasonable direction of the other Party in relation to
any suspected or actual breach of the obligations in this clause 13 as
the other Party reasonably requests.
Notices
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14.1
Act
Requirements: All Notices must be:
a. in writing and delivered by hand or sent by post, courier or email to
the recipient Party's address for Notices stated in Schedule 1, and
b. signed, or in the case of email sent, by the appropriate manager or
person having authority to do so.
14.2
Receipt of Notices: A Notice wil be considered to be received:
Information
a.
if delivered by hand or sent by courier, on the date it is delivered
b. if sent by post within New Zealand, on the 5th Business Day after the date it was
sent
c. if sent by post internationally, on the 9th Business Day after the date it was sent, or
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d. if sent by email, at the time the email enters the recipient's information
system and it is not returned undelivered or as an error,
but a Notice received after 5pm on a Business Day or on a day that is not a
the
Business Day wil be considered to be received on the next Business Day.
Extraordinary Events
under
15.1
No liability: Neither Party wil be liable to the other for any failure to
perform its obligations under this Contract to the extent the failure is due to
an Extraordinary Event.
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15.2
Obligations of affected Party: A Party who wishes to claim suspension of
its obligations due to an Extraordinary Event must notify the other Party as
soon as reasonably possible. The Notice must state:
a. the nature of the circumstances giving rise to the Extraordinary Event
b. the extent of that Party's inability to perform under this Contract
c. the likely duration of that non-performance, and
d. what steps are being taken to minimise the impact of the Extraordinary
Event on the performance of this Contract.
15.3
Termination: If a Party is unable to perform any obligations under this
Contract for 20 Business Days or more due to an Extraordinary Event, the
other Party may terminate this Contract immediately by giving Notice.
General
16.1
Variations: A Variation must be agreed by both Parties and recorded:
a. in writing and signed by both Parties, or
b. through an exchange of emails,
where the signatories or authors have delegated authority to approve the Variation.
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16.2
Entire contract: This Contract, including any Variation, records
everything agreed between the Parties relating to the Goods and Act
Services. It replaces any previous communications, negotiations,
arrangements or agreements that the Parties had with each other relating
to the Goods and Services before this Contract was signed, whether they
were oral or in writing.
16.3
Waiver: If a Party does not immediately enforce its rights under this Contract that:
a. does not mean that the other Party is released or excused from any
Information
obligation to perform at the time or in the future, and
b. does not prevent that Party from exercising its rights at a later time.
16.4
New Zealand law, currency and time: This Contract wil be governed
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and interpreted in accordance with the laws of New Zealand. All money is
in New Zealand dollars, unless Schedule 1 specifies a different currency.
Dates and times are New Zealand time.
the
16.5
Publication: The Supplier must obtain the Buyer's prior written approval
before making reference to the Buyer or this Contract in its publications,
under
public statements, promotional material or promotional activities.
16.6
No derogatory remarks: Each Party undertakes not to publicly make
objectionable or derogatory comments about the Goods and Services,
this Contract, the other Party or any of the other Party’s Personnel, and
to ensure that its Personnel do not do so.
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16.7
Signing the Contract: The date of execution is the date this Contract has
been signed by both parties. This Contract is properly signed if each Party
signs the same copy, or separate identical copies, including electronic
copies, of the Contract Details section.
16.8
No poaching: During the term of this Contract and for a period of 6 months
after the End Date neither Party shall, without the other’s written consent,
deliberately seek to employ or hire any person who is or has been
employed by the other and involved in the delivery of the Goods and
Services. This does not apply where a person has responded to a legitimate
advertisement.
16.9
Clauses that remain in force: The clauses that by their nature should
remain in force on expiry or termination of this Contract do so, including
clauses 5 (Information management), 8 (Insurance), 10 (Resolving
disputes), 11 (Ending this Contract), 12 (Intel ectual Property Rights),13
(Confidential Information), 14 (Notices), 16 (General) and 17 (Definitions).
16.10
Precedence: If there is any conflict or difference between the documents
forming this Contract (as stated in the Contract Details section) then the
order of precedence is:
1. a Variation
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2. Schedule 1
3. any Attachment to Schedule 1, and
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4. Schedule 2.
Definitions
When used in this Contract the fol owing terms have the meaning beside them:
Information
Attachment Any supplementary document named in Schedule 1 as an Attachment to this
Contract.
Approved Personnel A person who is engaged by the Supplier to deliver the Goods and
Services and is named in Schedule 1. Official
the
Business Day A day when most businesses are open for business in New Zealand. It
excludes Saturday, Sunday, and public holidays. A Business Day starts at 8.30am and ends
at 5pm.
under
Buyer The Buyer is the Crown, also described as the Sovereign in right of New Zealand who
acts by and through the government agency named as the Buyer in the Contract Details
section.
Charges The total amount payable by the Buyer to the Supplier as stated in Schedule 1,
including Fees and any Expenses and Daily Allowances.
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Confidential Information Information, including data and personal information, that:
•
is by its nature confidential
•
is marked by either Party as 'confidential', 'in confidence', 'restricted' or 'commercial in
confidence'
•
is provided by either Party or a third party 'in confidence', or
•
either Party knows or ought to know is confidential.
Conflict of Interest A Conflict of Interest arises if a Party or its Personnel's personal or
business interests or obligations do or could conflict or be perceived to conflict with its
obligations under this Contract, such that the Party’s or its Personnel’s independence,
objectivity or impartiality can be called into question. A Conflict of Interest may be:
•
actual: where the conflict currently exists
•
potential: where the conflict is about to happen or could happen, or
•
perceived: where other people may reasonably think that a person is compromised.
Contract The legal agreement between the Buyer and the Supplier that comprises the
Contract Details section, Schedule 1, this Schedule 2 and any other Schedule, and any
Variation and Attachment.
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Contract Manager The person named in Schedule 1 as the Contract Manager. Act
Crown The Sovereign in right of New Zealand and includes a Minister and a government
department but does not include a Crown entity, or a State enterprise named in Schedule 1
of the State-Owned Enterprises Act 1986.
Daily Allowance An allowance to cover accommodation, meals and incidentals for the
Supplier's Personnel if they are required in order to deliver the Goods and Services or to
Information
travel overnight away from their normal place of business, as agreed in Schedule 1.
Daily Fee Rate A fee payable for each day spent in the delivery of Goods and Services. A
day is a minimum of 8 working hours. Official
Deliverables An output resulting from the delivery of the Goods and Services as stated in
the
Schedule 1. A Deliverable may be a document, a piece of equipment, goods or information
or data stored by any means.
End Date The earlier of the date this Contract is due to end as stated in Schedule 1, as
under
may be extended under clause 1.3, and the date of termination as set out in a Notice of
termination, or any other date agreed between the Parties as the date the Contract is to
end.
Expenses Any actual and reasonable out-of-pocket costs incurred by the Supplier in the
delivery of the G o o d s a n d Services and agreed to in Schedule 1.
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Extraordinary Event An event that is beyond the reasonable control of the Party
immediately affected by the event. An Extraordinary Event does not include any risk or
event that the Party claiming could have prevented or overcome by taking reasonable care.
Fees The amount payable to the Supplier for the time spent in delivery of the Goods and
Services calculated on the basis stated in Schedule 1, excluding any Expenses and Daily
Allowances.
Goods means the all goods and Deliverables, including those stated in Schedule 1, that the
Supplier must perform and deliver under this Contract.
GST The goods and services tax payable in accordance with the New Zealand Goods and
Services Tax Act 1985.
HSW Act means the Health and Safety at Work Act 2015.
Hourly Fee Rate A Fee payable for each hour spent delivering the Goods and Services. 1982
Intellectual Property Rights All industrial and intellectual property rights whether conferred
Act
by statute, at common law or in equity, including, but not limited to copyright, trademarks,
designs and patents.
Milestone A phase or stage in the delivery of Goods and Services resulting in a measurable
output. Payment of Fees is usually due on the satisfactory delivery of a Milestone.
New Intellectual Property Rights Intel ectual Property Rights developed under this Contract or
Information
in the performance of the Goods and Services.
Notice A communication from one Party to the other that meets the requirements of clause 14.
Official
Party The Buyer or the Supplier, and together they are the
Parties.
the
Personnel All individuals engaged by either Party in relation to this Contract or the
delivery of the Goods and Services. Examples include: the owner of the business, its
directors, employees, Subcontractors, agents, external consultants and co-opted or
seconded staff.
under
Pre-existing Intellectual Property Rights Intel ectual Property Rights developed before the
date of, or independently from, this Contract.
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Protective Security Incident A security incident that is:
•
a breach of protective security policy or procedures
•
an approach from anybody seeking unauthorised access to officials or official information,
or
•
any other event that harms, or may harm, the security of the Buyer and/or the Buyer’s
Confidential Information.
Records All information and data necessary for the management of this Contract and the
delivery of G o o d s a n d Services. Records include, but are not limited to, reports, invoices,
letters, emails, notes of meetings, photographs and other media recordings. Records can
be hard copies or soft copies stored electronical y.
Services All work, tasks and Deliverables, including those stated in Schedule 1, that the
Supplier must perform and deliver under this Contract.
Schedule An attachment to this Contract with the title 'Schedule'.
Start Date The date when this Contract starts as stated in Schedule 1.
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Subcontractor A person, business, company or organisation contracted by the Supplier
to deliver or perform part of the Supplier's obligations under this Contract.
Act
Supplier The person, business, company or organisation named as the Supplier in the
Contract Details section.
Variation A change to any aspect of this Contract that complies with clause 16.1.
Information
Official
the
under
Released
Appendix Two: Procurement Plan
Project Crimson Trust funding for FIFA WWC 2023 (Pūawānanga: Stars of our Native Forests)
Procurement Plan
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Act
Information
Official
the
under
Released
6
PROCUREMENT PLAN C0035110 – Project Crimson Trust funding (Pūawananga)
To:
Sam Keenan, Acting DDG Te Uru Rākau – New Zealand Forest Service
From:
Ames Donovan, Team Leader – Native Af orestation Nursery Advice
Date:
05/05/2023
Related programmes or
Related programmes or projects include:
projects
Project Crimson Trust’s Trees for Schools contract C0035257
a) MBIE’s
Puawānanga Programme which wil maximise the impacts and
benefits of FIFA Women’s World Cup 2023 for New Zealand
b) The strategic goals of Te Uru Rākau – New Zealand Forest Service “
planting
1982
trees for a healthy environment”
c) The Fit for a Bet er World sustainability initiative “
refocusing our tree planting
partnerships”
Act
Financial Authority
Maximum total estimated value over the life of the contract is $100,000.
Associated Policy,
MPI Procurement Policy
Legislation, Guidelines etc:
MPI Procurement Procedures
HR
& Finance Delegations
Capital Expenditure Guidelines
Purchase Card Policy
Guideline for Managing Health and Safety Risk in Contracting
Guide to MPI’s Overlapping Duties Framework
Information
MPI Organisational Risk Library – including Priority Critical Risks & Controls
REQUESTOR (BUSINESS OWNER)
Name
Role
Signature
Date
Ames Donovan
Team Leader – Native
05/05/2023
Af orestation Nursery Advice
Official
In submit ing this document for approval, I confirm the fol owing:
the
➢ To the best of my knowledge, there is no actual or potential current conflict of interest that wil or may arise as
a result of my involvement with this procurement.
(Note: If an actual/perceived conflict needs to be declared, please complete and at ach a signed copy of a
Conflict of
Interest Declaration to this request.)
under
EXEMPTION INDEPENDENT ADVICE
Name
Role
Signature
Date
Tamsyn Rouse
Manager Procurement &
9/05/23
Commercial Management
I support this exemption to MPI’s Procurement Policy on the basis that there is only one supplier, for technical reasons
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there is no competition (Government Procurement Rules 14.9c)
By signing this document, I confirm that, to the best of my knowledge, there is no actual or potential current conflict of
interest that wil or may arise as a result of my involvement with this procurement.
1
ENDORSED
Name
Role
Signature
Date
Alex Wilson
Director Forestry
16.05.2023
Engagement and Advice
By signing this document, I confirm that there is funding available under cost centre 1269 for this purchase.
I also confirm that, to the best of my knowledge, there is no actual or potential current conflict of interest that wil or may
arise as a result of my involvement with this procurement.
(Note: If an actual/perceived conflict needs to be declared, please complete and at ach a signed copy of a
Conflict of
Interest Declaration to this request.)
A
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PPROVAL
It is recommended that you approve the proposed procurement and process be carried out as proposed in this
procurement plan.
Name
Act
Role
Signature
Date
Sam Keenan
Acting DDG Te Uru Rākau-
17 May 2023
New
Zealand
Forest
Service
By signing this document, I confirm that, to the best of my knowledge, there is no actual or potential current conflict of
interest that wil or may arise as a result of my involvement with this procurement.
(Note: If an actual/perceived conflict needs to be declared, please complete and at ach a signed copy of a
Conflict of
Interest Declaration to this request.)
Information
1
BACKGROUND
1.
The FIFA Women’s World Cup 2023 (FIFA WWC) wil be held in New Zealand from 20 July - 20 August
2023. It wil be the largest women’s sporting event in history with an anticipated global broadcast audience
between 1.2-1.6 bil ion. Government aims to maximise the impacts and benefits of the event for New
Official
Zealand.
2.
The Ministry of Business, Innovation and Employment (MBIE) is the lead government agency for this
the
initiative and are coordinating the Crown FIFA team (government cross - agency response team). MBIE is
the lead agency for the Crown for FIFA WWC. Minister Robertson is Lead Minister for the FIFA WWC and
the Prime Minister is Ministerial Patron.
3.
In late 2022, Minister Robertson wrote to several of his col eagues, including the former Minister of Forestry,
under
Minister Nash, stating that this wil be the largest women’s sporting event in history and we have a unique
and unprecedented opportunity to drive significant benefits for New Zealand and for Kiwis. He also reiterated
his expectation ‘that al agencies wil lean in and support this mahi for FIFA WWC 2023, from a delivery,
resource and financial perspective, including identifying opportunities for funding.’
4.
The Department of Conservation in partnership with the Crown FIFA Project team have developed a concept
for a native-tree planting project to commemorate the event – Pūawananga: Stars of our Native Forest.
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5.
Several partners have now confirmed support including the Pūawananga Leverage and Legacy Fund
(administered by MBIE) and Ministry for Primary Industries (through Te Uru Rākau – New Zealand Forest
Service).
6.
This Pūawananga native tree planting initiative wil be delivered by Project Crimson through their Trees that
Count programme.
7.
This procurement plan fol ows a memorandum approved 13 December 2022 by the Deputy-Director General
Te Uru Rākau to Request for Funding for FIFA Women’s World Cup 2023 Planting Events. The memo
recommended:
2
i) To enter a contract with Project Crimson Trust to deliver a minimum 25,000 seedlings for the FIFA
World Cup 2023 planting events.
ii) To support MBIE in their aspirations to maximise the impacts and benefits of FIFA Women’s World
Cup 2023 for New Zealand through their Pūawananga Programme.
iii) To manage the recommended investment of $250,000 as a cost pressure prior to Cabinet
decisions on 1BT returned funds.
8.
The financial reprioritisation put in place by MPI post cyclone Gabriel e in February 2023, means the option
for funding to come from 1BT returned funds is no longer possible.
9.
A revised funding maximum of $100,000 was agreed with the DDG – Te Uru Rākau on 19 April 2023 and 1982
was confirmed with Project Crimson Trust on 21 April 2023.
10.
In paral el, a variation to the Trees for Schools contract has been requested which recommends a 15,000
tree al ocation from the 50,000 funded native trees to contribute to the Pūawananga Stars of our Native
Act
Forests Project. This ensures that the original Te Uru Rākau – New Zealand Forest Service commitments
are met, with no additional costs incurred.
2
WHAT WE ARE BUYING AND WHY
2.1
The objective of this procurement is to award a contract for the purchase and planting a minimum of 10,000
seedlings that align with FIFA WWC events across the country at a value of $100,000.
Information
2.2
Under this Agreement the Contractor wil :
a) Coordinate planting events across the country that wil align with the FIFA World Cup programme and
provide:
• Communities with the opportunity to participate in native tree planting ef orts
• Opportunities for the community to engage in FIFA WWC-related events
b)
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Utilise the project to deliver strategic objectives shared by both organisations and to maximise and
build upon the expertise and skil s of each organisation.
2.3
the
The expected benefits and outcomes of this procurement are to support MBIE to leverage the FIFA WWC to
achieve sustainability, conservation, and community engagement outcomes, as wel as raising the visibility of
women in sport, and celebrating our female sporting heroes.
2.4
The planting project wil be high profile and reach many regions of the country providing opportunities for many
New Zealanders to pick up a spade and plant a tree. This has secondary benefits of raising the profile of the
under
work we do within Te Uru Rākau – New Zealand Forest Service and supports our wider social licence.
2.5
This project is comparable to the Living Legends project in 2011 and of ers the opportunity for further proof of
concept for tree planting partnerships to of set large events, sporting and otherwise into the future, of set ing
carbon emission for travel etc.
2.6
Goods, services or works that are not in-scope for this procurement include business as usual and growing of
native trees.
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3
BROADER OUTCOMES
3.1
This procurement is required to consider and incorporate broader outcomes as defined in the Government
Procurement Rules. Broader outcomes are the secondary benefits that are generated by the way a good,
service or works is produced or delivered. These outcomes can be social, environmental, cultural or
economic benefits, and wil deliver long-term public value for New Zealand.
3
3.2
Broader outcomes require you to consider not only the whole-of-life cost of the procurement, but also the
costs and benefits to society, the environment and the economy. The Broader Outcome considered for this
procurement is Increasing access for NZ businesses.
3.3
MPI wil be seeking businesses who can show:
a.
social enterprises (Increasing access for NZ businesses):
i.
Purpose: the social, cultural and environmental mission provides a public or community
benefit and is the primary purpose of the organisation.
ii.
Trading: most of the income is from trading a good and/or service.
iii.
Reinvestment: most of either expenditure or profit is spent in the fulfilment of the purpose
of the organisation.
b.
being regional y based (Increasing access for NZ businesses)
c.
on the completion of the contract the ongoing ef ect of the trees being planted wil contribute to
reduced emissions.
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3.4
The awarded contract wil include the stated broader outcome requirements and its deliverables. This awarded
contract wil also seek the supplier to, where possible, use sub-contractors that deliver the broader outcomes
Act
above, such as hapu/marae/community nurseries. This contributes to MPI’s indirect spend contributing to
supplier diversity and broader outcomes through procurement.
4
SUPPLY MARKET ANALYSIS
4.1
There is currently no Al -of-Government, syndicated or other col aborative contract that can meet this
requirement.
Information
4.2
There is no external market for the services you wish to procure due to Project Crimson Trust providing the
country’s only tree marketplace, which connects individual funders to planting projects at a national level.
5
PROCUREMENT APPROACH
5.1
The recommended approach to market is a non-competitive contract.
Official
5.2
This procurement wil comply with
MPI’s Procurement Policy and the
Government Procurement Rules.
the
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EXEMPTION
6.1
The exemption from open/closed advertising is being sought due to the absence of other suppliers who operate
national y who could deliver the project within the timeframe.
under
6.2
The recommended approach is direct engagement and award to Project Crimson Trust, who has a long-
standing strategic partnership with Te Uru Rākau – New Zealand Forest Service. Project Crimson Trust is a
trusted delivery partner that has been the recipient of Te Uru Rākau – New Zealand Forest Service funding on
multiple occasions, including $6.5m for the establishment of the Trees That Count marketplace and $650,000
for Trees for Schools (the contract for which a variation is being sought to enable alignment to Pūawananga:
stars of our Native Forests.
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6.3
Project Crimson Trust has the capability to deliver the required services within the required timeframe and are
the country’s only tree marketplace provider (Trees That Count) that can connect individual funders to planting
projects at a national level.
6.4
Exemption from open advertising based on Rule 14.9(c) Only one supplier. For technical reasons there is no
actual competition. This includes:
• There is a need to match with an existing supply chain and event function which includes planting
events.
• There are niche logistics required to deliver this programme. The chosen supplier has over time
built up their stakeholder relationships and is uniquely positioned to leverage of their national
network.
4
• They are required to source under limited supply options due to time constraints and the scarcity of
plants due to Cyclone Gabriel e.
7
DATA SECURITY, PRIVACY AND INFORMATION CONSIDERATIONS
7.1
MPI is responsible for how we col ect, use, share and manage al information and data including personal
information, and for ensuring it is kept secure. How we manage the data and information we gather, and use
is fundamental to ensuring public trust, maintaining the integrity of the public service, and supporting our ability
to deliver services to New Zealanders and businesses in order to protect and grow New Zealand. This also
applies where MPI employs or contracts someone (individual or organisation) to col ect, use or process
information and data including personal or confidential information on our behalf to support our regulatory or
administrative functions. Where we contract out work to another organisation, including where they may
subcontract out to another entity (whether in New Zealand or any other country), we remain accountable for
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how they manage any information and data including personal or confidential information on our behalf.
7.2
The work being undertaken by the successful supplier may include capture and storage of personal and/or
Act
privacy related information. We are unsure what information the tool wil capture. If the information includes
personal information MPI wil endure the appropriate Data Security and privacy Steps are undertaken in due
diligence and contracting.
7.3
It is expected that any data being col ected wil be provided to MPI on an ad-hoc basis over the life of the
contract.
7.4
In order for MPI to meet its obligations to ensure that any data and information and in particular information
relating to individuals, is careful y managed, the proposed supplier wil be asked to provide information on:
Information
o Policies, processes and procedures for accessing of information and data provided to them or col ected
by them by their employees or subcontractors.
o How any product produced by them as part of the engagement wil be stored within MPI’s system and/or
systems directly control ed by the supplier.
o Process they use or wil use to obtain MPI’s permission for the release of information by third parties,
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including by third party ICT suppliers.
o How they secure, maintain or wil maintain any non-MPI systems where they store and/or process the
data and information related to the proposed engagement to ensure only their appropriate staf , including
the
any subcontractors have access to the information held by the supplier.
o In addition, respondents wil be required to certify that any information provided to them or held by them
or product they produce because of the engagement wil only be processed within New Zealand and that
no data wil be taken of shore without prior writ en approval by MPI. Final y, respondents wil be advised
under
that upon completion of the engagement or upon request by MPI, they wil be obligated to ensure that al
information provided to them by MPI, including any copies (physical or digital) be returned to MPI and/or
securely destroyed to ensure no reasonable likelihood of reconstruction can occur.
8
HEALTH AND SAFETY CONSIDERATIONS
8.1
The Health and Safety (H&S) risk for this procurement is Low.
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8.2
Under the Health and Safety at Work Act 2015, MPI is a “person conducting business or undertaking” (or
PBCU). As a PBCU, MPI has a primary duty to ensure, so far as practicable, the health and safety of:
•
its own employees.
•
other workers whose activities it influences or directs (e.g. contractors and their staf ).
•
other persons who could be affected by its work (e.g. visitors and the public).
As part of meeting this obligation, MPI considers the health and safety aspects of any work it intends to engage
a contractor to carry out. This includes ensuring that the businesses it engages have appropriate processes
5
in place to mitigate and manage the health and safety risks associated with the work they have been engaged
to do.
8.3
Any contract awarded that is classified as high risk wil include the requirement of a Health & Safety plan to be
developed during the project planning phase. This would need to include al the requirements of the MPI H&S
Checklist.
9
RISK
9.1
Overal this procurement is deemed high value, low risk.
9.2
Key risks to be managed:
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Risk
Mitigation
Responsible
Who is to be consulted
Seedling availability across the
Project Crimson Trust Ames Donovan,
Project Crimson
Act
regions.
has good connections Team Leader –
with nurseries and
Native Af orestation
has confirmed that
Nursery Advice
they can meet
seedling volumes.
The exemption would create a false
If the exemption is
Procurement
Ames Donovan, Team
belief that MPI is limiting the
granted a GETS
Leader – Native
competitive tendering opportunities
notice shal be
Af orestation Nursery
within the market and stifling
published
Advice
Information
competition
documenting the
decision.
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BUDGET & FINANCIAL IMPACT Official
10.1
The approved budget for this procurement is up to $100,000 excluding GST over financial year/s 2022/23 and
2023/2024.
the
10.2
Al expenditure wil be approved by the DFA for cost centre 1219.
11
NEGOTIATION/ CONTRACT MANAGEMENT
under
11.1
The MPI Contract Manager wil be Ames Donovan, Team Leader – Native Af orestation Nursery Advice. The
Contract Manager wil be responsible for monitoring the supplier performance, reporting and delivery of agreed
milestones.
11.2
The contract wil include:
o Project inception meeting;
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o Regular reporting, milestones and project meetings;
o A draft final report for MPI feedback and final report; and
o A project close out meeting.
11.3
The Contract Agreement that wil be used is MPI Services Model Contract.
11.4
The term of the contract is expected to be one year from signing of the contract.
6
11.5
The Procurement Specialist wil draft the contract in liaison with the project team. Any requested deviations
from standard terms and conditions wil be reviewed and negotiated by the Procurement Specialist in liaison
with MPI Legal, as required.
11.6
Financial management and supplier payments wil be managed by Te Uru Rākau – New Zealand Forest
Service. A Purchase Order(s) wil be raised fol owing signing of the contract. Goods and services wil be
receipted against the Purchase Order(s) upon delivery of the goods/services fol owing Ames Donovan
confirming the required standards are met.
11.7
The timeframes for delivery are outlined in clauses 4.4 and 4.7 of the contract C0035110. Specific reporting
requirements are outlined in clause 4.7 of the contract.
11.8
Payment wil be based on the supplier’s successful completion of milestones as detailed in the Agreement.
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11.9
New intel ectual property arising as a result of the Contract wil be the property of MPI.
11.10
Act
Lifting Health & Safety Capability (Broader Outcome):
a.
Consider longer term contracts to support suppliers to invest in H&S risk control.
b.
Consider including milestones and associated payments for H&S capability uplift in contracts with
smal and medium enterprises
c.
Consider what can be done to lift the H&S performance of a supplier who can’t immediately meet
MPI’s organisational H&S risk controls and develop a clear plan on how and when the supplier will
come to this standard. If you need to do this, you must seek regular assurance from the contractor
Information
that the risk control plan is being completed.
d.
Ensure an appropriate H&S Management Plan and Risk Register is in place before work
commences that controls risks to health and safety at least as wel as MPI’s organisational health
and safety risk controls, and review/update it regularly with the supplier.
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e.
Work with suppliers to ensure that they have appropriate systems and processes in place to
manage overlapping H&S duties with other parts of the supply chain, and provide assurance of this
to MPI.
the
f.
Work with the supplier to monitor and manage our contractual and legislative H&S commitments.
11.11
Results of al procurements over $100,000 wil be notified on the Government Electronic Tender Services
(GETS) website by the Procurement Specialist.
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COMMUNICATIONS & PUBLICATIONS
12.1
Ames Donovan, the project lead, wil be the key person to advise on internal and external communications.
12.2
A communications plan wil not be required for this procurement.
12.3
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A Kotahi story and external communications may be released once this work is complete.
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Priority – Medium
Security Level – In Confidence
MEMORANDUM TO THE DEPUTY DIRECTOR-GENERAL
To: Jason Wilson, Deputy Director-General
From: Alexandra Wilson, Director Forestry Engagement and Advice
Request for Funding for FIFA Women’s World Cup 2023 Planting Events
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Date
13 December 2022
Act
Decision required
Date decision required by
YES ☒ / NO ☐
16 December 2022
Recommendations
Information
Agree to enter into a contract with Project Crimson Trust to deliver 25,000 seedlings for the
FIFA World Cup 2023 planting events.
Agree to support MBIE in their aspirations to maximise the impacts and benefits of FIFA
Women’s World Cup 2023 for New Zealand through their
Puawānanga Program.
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Agree to manage the recommended investment of $250,000 as a cost pressure prior to
Cabinet decisions on 1BT returned funds
the .
Note Puawānanga would support the FIFA Women’s World Cup but that FIFA
cannot, at this stage, be directly connected to the project due to IP.
under
Note Puawānanga wil contribute to the wider Government outcomes to leverage the FIFA
event and aligns with Te Uru Rākau – New Zealand Forest Service’s business plan to
support more tree planting.
Contact for discussion (if required)
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Name
Position
Contact number
Alex Wilson
Director Forestry
9(2)(a)
Engagement and Advice
Marion Schrama
Manager Sector
Partnerships
Jessica Law
Senior Adviser Matariki Tu
Rākau
Key messages
The purpose of this memorandum is to seek your agreement to enter into a Contract for
Services with Project Crimson Trust to the value of $250,000. This funding wil be used to
purchase 25,000 seedlings for 10 planting events which will celebrate the FIFA Women’s
World Cup in winter 2023.
MBIE wil contribute towards the event costs and site preparation through other funding
streams such as corporate sponsorship. MBIE and the Department of Conservation
(DOC) are currently in discussions with corporate businesses and charities who may
support the project, but these contributions are not yet confirmed.
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Background to the FIFA Women’s World Cup 2023
1. The FIFA Women’s World Cup 2023 (FIFA WWC) is a large event for New Z
Act ealand,
and it is the aim of the Government to maximise the impacts and benefits of the event
for New Zealand.
2. The FIFA WWC wil be held in Australia and New Zealand from 20 July – 20 August
2023. This wil follow an earlier playoff tournament in February.
3. The tournament is made up of 32 teams who wil play in four New Zealand host cities
(Auckland, Hamilton, Wellington and Dunedin) and five host cities in Australia.
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4. New Zealand wil host the opening game and opening ceremony and two quarterfinals
and a semi-final (a total of 24 group matches and 5 knock-out matches).
5. The FIFA WWC wil be the largest women’s sporting event in history.
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6. The anticipated global broadcast audience is between 1.2-1.6 bil ion across 205
the
territories. The global audience for the FIFA WWC in 2019 was more than twice that of
the 2019 Men’s Rugby World Cup in Japan.
Proposal of the FIFA WWC planting event (Puawānanga)
under
7.
Puawānanga (the Crown’s outcome framework for the tournament which was set up
collaboratively across Government and is led by MBIE refer Appendix One) is the
Government’s program to leverage the FIFA WWC event. It is important to note that,
without specific engagement and agreement from FIFA, the planting project wil not be
able to use the name or the IP of the tournament. We wil be supporting and
celebrating the FIFA WWC rather than directly being part of it (refer Appendix Two for
relationship diagr
Released am).
8. MBIE (the Major Events team) is the lead agency for the Crown for FIFA WWC. MBIE
does not deliver any projects but coordinates and connects across Crown agencies to
ensure the operational delivery of the tournament and to maximise the benefits for
New Zealand and New Zealanders. MBIE is exploring the concept for a native-tree
planting project as part of Crown’s leverage and legacy programme –
Puawānanga.
9. MBIE has requested Project Crimson Trust coordinate the planting project and have
approached Te Uru Rākau – New Zealand Forest Service for funding support. The
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intention is to deliver a programme similar to the national tree planting programme that
took place for the Rugby World Cup in 2011 called “Living Legends.” Living Legends
was a partnership between Project Crimson Trust, The Tindall Foundation, DOC and
Meridian. The programme saw 170,000 trees planted over three years and celebrated
living ex-All Blacks.
10. The aim of the project is to leverage the FIFA WWC to achieve sustainability,
conservation and community engagement outcomes, as well as raising the visibility of
women in sport, and celebrating our female sporting heroes.
11. Native trees wil be planted around the country by volunteers and Kiwi female sporting
heroes in the lead up to, during, and after, the tournament.
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12. As a national project with a regional focus,
the planting project wil be designed to help
engage people in the tournament, encouraging them to learn about, celebrate, and
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engage with our wāhine toa athletes.
13. It wil also help New Zealanders learn about sustainability, conservation and
responsible tourism (e.g. contributing positively to the country you are visiting by
planting trees to help offset the impact of flying to New Zealand).
14. Planting sites wil likely be in host cities (Auckland, Hamilton, Wellington and Dunedin),
and potentially in training base regions (Napier, Tauranga, Rotorua, Christchurch,
Information
Palmerston North) and wil be dedicated to and championed by our country’s female
football and sporting heroes.
15. The concept is in its early stages, so details such as the exact number of native trees,
and the number and location of planting sites stil need to be worked through with
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potential partners.
16. As a legacy project, while it wil start in the lead-up to FIFA WWC, it may continue for a
the
year or two afterwards – depending on the budget and priorities of
Puawānanga.
However, the $250,000 provided by Te Uru Rākau – New Zealand Forest Service will
enable Project Crimson Trust to purchase trees for the planting events between 20
July and 20 August 2023 and wil need to be spent by 30 June 2023.
under
17. It wil be a key conservation and sustainability project, with strong community
engagement and social connectedness.
Why should Te Uru Rākau – New Zealand Forest Service support the FIFA WWC
planting events?
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Alignment to the key portfolios (Tourism and Forestry) for Minister Nash and Government’s
wider support for Puawānanga
18. MBIE is the lead agency for the Crown for FIFA WWC. Minister Robertson is Lead
Minister for the FIFA WWC and the Prime Minister is Ministerial Patron.
19. Minister Robertson has written to a number of his colleagues, including Minister Nash,
reiterating this wil be the largest women’s sporting event in history and we have a
unique and unprecedented opportunity to drive significant benefits for New Zealand
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and for Kiwis. He also reiterated his expectation ‘
that all agencies wil lean in and
support this mahi for FIFA WWC 2023, from a delivery, resource and financial
perspective, including identifying opportunities for funding.’
20. This project wil form part of Crown’s all of government FIFA Leverage and Legacy
programme to drive outcomes for Aotearoa and maximise the benefits for New
Zealand and New Zealanders.
Alignment with our business plan to ‘support more tree planting’ and provide access for New
Zealanders to plant
21. The planting project wil be high profile and reach many regions of the country
providing opportunities for many New Zealanders to pick up a spade and plant a tree.
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This has secondary benefits of raising the profile of the work we do within Te Uru
Rākau – New Zealand Forest Service and supports our wider social licence.
Act
22. Te Uru Rākau – New Zealand Forest Service have proven experience in leading
community planting initiatives. Examples include the Matariki Tu Rākau programme
which has enabled communities to plant more than 850,000 native trees over the past
four years, the Arbor Day Fund with funding support from the Arbor Day Foundation
which enabled 32,590 native trees to be planted in the Nelson region this year and our
ongoing partnership with Project Crimson Trust to deliver Trees for Schools project.
Information
23. This project wil be delivered similar to the Living Legends project in 2011 and offers
the opportunity for further proof of concept for tree planting partnerships to offset large
events, sporting and otherwise into the future, offsetting carbon emission for travel etc.
This concept would need to be explored with MBIE and partners such as the Arbor
Day Foundation to ensure projects could be funded in a sustainable way in the future.
Official
Connecting with our customers
the
24. Whilst there is no direct reference to FIFA WWC through this project, due to the IP
restrictions, the link to planting trees with female sporting heroes during the
tournament wil enable us to leverage our brand in a positive way.
under
25. MBIE wil explore with FIFA how the project wil be permitted to be promoted.
Examples of promotion wording that may be permitted to be used include ‘
running
alongside the FIFA WWC’ or ‘
celebrating the FIFA WWC’. The actual wording wil
need to be confirmed with FIFA early in the new year once the funding has been
secured for the project to go ahead.
26. The project also offers opportunities for storytelling. For example:
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a) Celebrating female athletes who are at the top of their game and in many cases
are currently not well known in New Zealand.
b) Showcasing international manuhiri coming to New Zealand for FIFA who can
leave their legacy in New Zealand by planting a tree.
c) Profiling community planting events that help the conservation estate of Aotearoa
and the environment through offsetting carbon in the process.
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d) Highlighting events that bring volunteers and communities together to plant
native trees and celebrate our female sporting heroes around the country.
Project costs and our offerings
27. Project Crimson Trust anticipate the project to cost $918,000.00 excluding GST. This
figure is based on;
Total cost of trees (estimated at 3000 seedlings, 18 sites @ $10
$540,000
per seedling)
Total event costs (for up to 18 events)
$108,000
Other costs for site preparation, weed control, plant guards and
$270,000
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mulch where required
Total Cost
$91
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8,000
28. Based on the above budget and following discussions with our finance team, it was
decided that if Te Uru Rākau – New Zealand Forest Service supports this project, it is
appropriate to contribute funding for trees, which aligns with our strategic goals to
support more tree planting.
29. Project Crimson Trust suggested planting 3,000 trees at 18 planting locations across
Information
the country, equating to 2 events in each host city and training base region.
30. We suggest, due to budget allowance, to support the funding of 2,500 trees at 10
planting locations across the country, equating to 1 event in each host city (2 in
Auckland) and training base region.
Official
31. This wil reduce the total cost of trees from $540,000 to $250,000 while continuing to
provide access for all participating cities to be involved.
the
32. MBIE wil contribute towards the running of events and site preparation through other
funding streams such as corporate sponsorship.
under
33. DOC and MBIE have been engaged in funding conversations. These are quite far
advanced however contributions are not yet confirmed.
34. It has been discussed with MBIE that if Te Uru Rākau – New Zealand Forest Service
contributes to the cost, full disclosure of other contributors would be a requirement
prior to us commit ing funds.
Released
35. If approved, we wil enter into a contract for services with Project Crimson Trust
subject to additional partners being appointed by MBIE and approved by Te Uru
Rākau – New Zealand Forest Service.
36. Funding this project wil benefit Te Uru Rākau – New Zealand Forest Service through
brand exposure, Ministerial announceables and engagement with more people to
promote tree planting.
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Risks and Issues
37. The following risks and issues have been identified with supporting this project.
a) FIFA WWC may not align with this project and if this occurs, we wil not be able
to use their IP. The planting project aligns closely to the FIFA sustainability plan
however approval has not yet been given for the project to be connected directly
to the FIFA WWC. MBIE are working directly with FIFA to get confirmation on
this connection. The project wil stil go ahead whether connected to FIFA or not.
b) Confirmation of sponsors/funders will be required before the end of the year, for
the project to secure plant orders.
c) Seedling availability across the regions. Project Crimson Trust has good
1982
connections with nurseries around New Zealand which wil reduce this risk.
Finances
Act
38. A Cabinet paper is being prepared requesting that a portion ($250,000) of the 1BT
returned funding is allocated to this project. MBIE has requested confirmation of funding
prior to the end of the 2022 to enable trees to be ordered and paid for this financial year.
39. Note that the timing of the draft Cabinet paper and possible additional funds does not
align with MBIE’s timeframes.
Information
40. Should the 1BT returned funds not be approved, the Finance Team is comfortable that
this funding can be internally managed as a cost pressure risk for 2022/23 within the
Sector Partnerships Team.
Official
41. We are seeking your approval to manage the costs as a cost pressure prior to Cabinet
decisions on the 1BT returned funds.
the
42. Should the 1BT returned funds be confirmed in 2023, this wil be allocated to the project
to alleviate that cost pressure risk.
under
43. The option of supplying plants (rather than sponsorship to purchase plants) was
considered, however feedback was that local regions wanted to plant locally raised
seedlings. This option could be explored further for planting events in Rotorua and
Tauranga.
44. The delegation for the Contract for Services wil sit with the Deputy Director General,
Te Uru Rākau – New Zealand Forest Service.
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Next steps
45. We wil enter into an agreement with MBIE to confirm the details of supporting their
aspirations to maximise the impacts and benefits of FIFA WWC for New Zealand
through their Puawānanga Program.
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46. Subject to your approval, we wil then enter into a Contract for Services with Project
Crimson Trust, to the value of $250,000 to fund the purchase of 25,000 trees to be
planted in 2023 to leverage the FIFA WWC.
Recommendations
47. It is recommended that you:
a)
Agree to enter into a contract with Project Crimson Trust to deliver 25,000
seedlings for the FIFA World Cup 2023 planting events.
YES/NO
1982
b)
Agree to support MBIE in their aspirations to maximise the impacts and benefits
of FIFA Women’s World Cup 2023 for New Zealand through their
Puawānanga
Program.
Act
YES/NO
c)
Agree to manage the recommended investment of $250,000 as a cost pressure
prior to Cabinet decisions on 1BT returned funds.
YES/NO
Information
d)
Note Puawānanga would support the FIFA Women’s World Cup WWC but that
FIFA cannot, at this stage, be directly connected to the project due to IP.
YES/NO
Official
e)
Note Puawānanga wil contribute to the wider Government outcomes to leverage
the FIFA event and aligns with Te Uru Rākau – New Zealand Forest Service’s
the
business plan to support more tree planting.
YES/NO
under
Released
Alexandra Wilson
Jason Wilson
Director
Deputy Director-General
Forestry Engagement and Advice
Te Uru Rākau – New Zealand Forest Service
13 / 12 / 2022
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Deputy Director-General’s comments
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Act
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Official
the
under
Released
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Priority – Medium
Security Level – In Confidence
Appendix One: Puawānanga
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Act
Information
Official
the
under
Released
Appendix Two: Relationship diagram
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Act
Information
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the
under
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Document Outline
- Why should Te Uru Rākau – New Zealand Forest Service support the FIFA WWC planting events?
- Project costs and our offerings
- Risks and Issues
- Finances
- Next steps
- Recommendations
- Appendix One: Puawānanga
- Appendix Two: Relationship diagram
