- The
grant will be used only for the exact purpose specified in the approved
application, and no other purpose.
The offer letter, which confirms the award, will also explain if Heart
of England Community Foundation (HoECF) wants us to alter any part of this
application.
- No
major change can be made to the project without the express written approval
of HoECF.
- We will
not sell or otherwise dispose of any equipment or other assets purchased
with the grant without the express written approval of HOECF. If we sell any equipment or assets, we
may have to repay a part of any money so received. The amount which we repay will be in
direct proportion to the share of the project costs which came from HOECF. The decision taken by HOECF on the
amount to be repaid will be final; except in the case of a clear error.
- No
purchase or order of any goods or services specified by this approved
application has been made before we received the offer letter confirming
the grant.
- We will
not change the sections of our Constitution which relate to purposes,
paying members of the governing body, distribution of assets, or admitting
members without first receiving the express written permission of HOECF.
- We will
inform HOECF of any changes to our bank or building society accounts.
- We will
comply with any relevant legislation affecting the operations of the
project.
- We will
acknowledge HOECF, West Midlands Combined Authority and the Department of Digital,
Culture, Media and Sport (DCMS) in our Annual Report. Our Chair or Secretary’s report at the AGM, the accounts covering the grant period,
and in any publicity material we produce about the project. We will supply copies of all these
documents if requested.
- We
agree that HOECF, West Midlands Combined Authority and the Department of Digital, Culture, Media and Sport
(DCMS) can use our name and the name of our project in its own publicity
materials, and we will inform them of any situation where confidentiality
is a particular issue.
- We will
complete our project and have spent the grant by no later than February
2025. If we have received a large grant we will have completed our project
and spent the grant by no later than December 2024.
- If we
do not spend the entire grant, we will promptly return any unspent balance
to HOECF.
- We will
monitor the project, and complete and return all required Monitoring
Reports to the schedules provided.
- We
understand that HOECF will not increase the amount of the grant if we
overspend.
- We will
keep all financial records and accounts, including receipts for items
bought with the grant, for at least two years from receipt of the
grant. All receipts should be
retained and copies submitted with monitoring forms. These records will be made available to HOECF
on request. We understand that this
does not release us from our legal responsibility to keep records for a
longer period.
- We will
have all the necessary insurances in place prior to beginning any activity
- We will
have the necessary written permissions relating to and projects relating
to buildings and land
- HOECF
may withhold the grant, or ask us to repay the grant, in whole or part, in
the following circumstances;
·
If we fail to keep this contract in any way
·
If the application form was completed dishonestly
or the supporting documentation gave false or misleading information
·
If we do not follow equal opportunities
practice in employing people, recruiting new members and providing our services
·
If we do not implement and follow our Child
Protection Policy/Vulnerable Adult Policy (if appropriate) in all aspects of
our activities
·
If any member of our governing body, staff or
volunteers acts dishonestly or negligently in their work on behalf of the group
at any time during the project
·
If we fail to complete the project within the
specified timeframe
·
If we close down, become insolvent, go into
administration, receivership or liquidation (sequestration), or make
arrangement with our creditors.
- If our
group closes down, we will not sell or otherwise dispose of any equipment
and assets without first receiving the specific written agreement of HOECF.
- These
terms and conditions will apply until we have spent the entire grant and HOECF
has received and approved our Monitoring Report. If we bought any equipment or assets
with the grant, these terms and conditions will apply until the end of the
working life of the assets.
- We will
comply with monitoring requirements and complete an End of Grant
Monitoring Form and share any project pictures and provide a case study
- HOECF
reserves the right to impose further terms and conditions on the grant in
the following circumstances;
·
If we are in breach of the Grant Agreement
·
If any part of the other sources of funding for
the project referred to in our application to HOECF is withdrawn
·
If HOECF becomes aware of any actions on the
part of the members of the governing body, volunteers or staff of our
organisation or any person or organisation substantially involved in the
delivery of the Project which may have a detrimental effect on the Project
·
If in the reasonable opinion of HOECF such
conditions are necessary or desirable to ensure delivery of the Project in the
manner anticipated in our grant application; or following an agreed change to
the Project.
- We may
not assign, change, subcontract or novate this Grant Agreement or the
Project without the prior written consent of HOECF.
- This
Grant Agreement shall as regards this Project supersede all prior
understandings between you and us and shall constitute the whole agreement
between us and shall not be modified or varied without the prior written
consent of HOECF.
- These
conditions shall be governed by and construed in accordance with the law
of England
and the parties hereby choose and submit to the exclusive jurisdiction of
the English courts.
- No
provision of this Grant Agreement is intended to or create any right or
benefit enforceable against the parties to this Grant Agreement under the
contracts (Rights of Third Parties Act 1999).
- We also give
permission for Heart of England Community Foundation & West Midlands Combined
Authority to record the information given in this form electronically and
understand that personal information will be treated confidentially. All
information will be held in line with The General Data Protection
Regulation (the GDPR) and any related legislation which applies in the UK.
The only purposes the information will be used for is deciding whether or
not a grant can be awarded to your group, for customer care, for publicity
and for monitoring. The information
will be used anonymously for monitoring purposes and will not affect the
outcome of your application. By providing us with accurate information you
are enabling us to improve the support we can give to voluntary and
community groups across the county.
- We
agree that my organisation will help with and be involved in publicity about
the grant if we are successful and I agree to being contacted by The Heart
of England and West Midlands Combined Authority.