GRANT AGREEMENT
FOR AWARDS OF £2500 AND UNDER)
Services for Young Children
Grant Agreement
(for Awards of £2500 and under only)
THIS AGREEMENT is made this 2012
Between
(1) Hampshire County Council, The Castle, Winchester, Hampshire SO23 8UJ (“the Council”)
and
(2) [1]
(“the Service Provider”)
AMOUNT AWARDED: £
BACKGROUND
(A) The Council has been allocated funds by way of grant by the Department for Children Schools and Families under the Sure Start Early Years and Childcare Grant Scheme
(B) The Council has agreed to grant to the Service Provider the Award as a contribution towards the Project
(C) The Service Provider has agreed to accept the Award on the terms and conditions of this Agreement.
IT IS AGREED AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATION
1.1. In this Agreement (unless the context otherwise requires):
“Agreement” means this agreement including the Schedules and any documents annexed or referred to in this Agreement.
“Application Form” means the application form submitted by the Service Provider for the Award, including any documents accompanying the application form and any agreed changes or additions to it, a copy of which is annexed to this Agreement.
“Award” means the sum of £
“End of Grant Report” means the report described in clause 7.3.
“Obligations” means the obligations of the Service Provider and the Council as set out in this Agreement.
“Parties” means the parties to this Agreement and “Party” means whichever of them is indicated by the context of the reference.
“Project” means the project or scheme described in the Application Form as modified by the Special Conditions.
“Project Achievement Date” means the date upon which the Council receives a satisfactory End of Grant Report.
“Special Conditions” means the terms and conditions set out in the Schedule.
“Specification” means the specification described in the Application Form.
1.2. References to singular shall be deemed to include the plural and vice versa and references in either gender shall be deemed to include the other and the neuter.
1.3. References to Clauses shall be to Clauses of this Agreement and references to Schedules shall be to the Schedules to this Agreement and references to paragraphs shall be to the paragraphs in the Schedule.
1.4. Reference to any provision of a statute or regulation will be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.5. Headings are inserted for convenience only and shall not affect the interpretation or construction of this Agreement.
1.6. The documents constituting this Agreement are intended to be mutually explanatory. In the event of any conflict between any provision of the Clauses to this Agreement and a provision of a Schedule or document annexed or referred to in this Agreement, then the Clauses shall take precedence except where the conflicting part of the Schedule is explicitly expressed to take precedence over any specific part of the Clauses to the Agreement.
2. TERMS AND CONDITIONS
2.1. The Award is subject to the terms and conditions and specific requirements set out in this Agreement which the Service Provider agrees to observe and perform.
3. DURATION
3.1. The Agreement shall commence on the date it is signed and shall continue for a period expiring on the sixth anniversary of the Project Achievement Date unless terminated in accordance with Clause 3.2 or earlier by written agreement between both parties.
3.2. This Agreement may be terminated forthwith by the Council if the Service Provider commits a material breach of any provision of this Agreement and, where that breach is capable of remedy, the Service Provider has failed to remedy such breach as soon as reasonably practicable and in any event within 30 days starting on the day after receipt of written notice from the Council giving full details of the breach and the reasonable steps it requires the Service Provider to carry out in order to remedy the breach.
4. GENERAL CONDITIONS
4.1. If the cost of the Project is more than the Award, prior to commencing the Project, the Service Provider must have access to all the funding required to complete the Project. Evidence of the availability of funds must be provided to the Council.
4.2. The Project/or the Specification may not be changed without the prior written consent of the Council, such consent is not to be unreasonably withheld.
4.3. The Service Provider shall maintain a true and correct set of records pertaining to all activities relating to the Project and all transactions relating to it. The Service Provider agrees to retain all such records for a period of not less than 6 years after the Project Achievement Date. The Council shall have the right to audit any and all such associated records on reasonable notice during that period.
4.4. The Service Provider shall not hold itself out or do anything to imply that it is the agent of the Council in performance of any part of the Agreement.
4.5. The Service Provider shall ensure that:
4.5.1 It shall exercise reasonable care, skill and diligence in all matters relating to the management of the Award and acquisition/completion of the Project;
4.5.2 It shall comply with all the requirements of any Act of Parliament, statutory instrument or order or any other regulation having the force of law or bye-law and all regulatory requirements relevant to its business from time to time in force, which are or may become applicable to the Award or the Project;
4.5.3 To the best of its reasonable knowledge, information provided to the Council is accurate and complete and may be relied upon by the Council;
4.5.4 It shall not use or misuse any information provided by the Council in accordance with this Agreement in any way that causes detriment to the Council or brings the Council into disrepute;
4.5.5 It shall use any information provided by the Council in relation to this Agreement only for the purposes of the Project.
4.6 The Service Provider agrees to observe and perform the Special Conditions (if any) set out in the Schedule.
6 CLAWBACK PROVISIONS
6.1 At any time after payment of the Award the Council may (in addition to any of its other remedies) require repayment of the Award or any part of it in the manner set out in clause 6.2 if:
6.1.1 The Service Provider is in material breach of any part of this Agreement;
6.1.2 The Service Provider fails to complete the Project within the agreed timescale (if any) set out in the Special Conditions;
6.1.3 The Service Provider acts fraudulently or negligently;
6.1.4 The Service Provider has failed to disclose or misrepresented to the Council any information which induced Council to make the Award;
6.1.5 The Service Provider fails to use the Award or any part of it for the purposes of the Project;
6.1.6 The Service Provider ceases to operate as an early education or childcare setting within five years of the date of this Agreement.
6.2 In accordance with Clause 6.1 above, the Award shall be repaid in accordance with the following formula:-
Date the Event occurs % of Award Repayable
Within 1 year of the date of this Agreement 100%
Within 2 years of the date of this Agreement 80%
Within 3 years of the date of this Agreement 60%
Within 4 years of the date of this Agreement 40%
Within 5 years of the date of this Agreement 20%
For the purposes of this Clause, “Event” means any of the circumstances referred to in Clause 6.1 above.
6.3 If the Service Provider substantially alters or revises the Project or the Specification from that which was originally agreed, without obtaining the Council’s consent, the Service Provider must reimburse the Council such part of the Award as the Council reasonably specifies taking into account the changes made.
6.4 Reimbursement must be made within one month of notice from the Council that the same is due. Any failure to make such payment shall entitle the Council to recover the reimbursement due as a debt.
.
6.5 Interest will be payable on any sums outstanding and due to the Council at the rate of the base rate of National Westminster Bank Plc prevailing at the time.
7 MONITORING
7.1.1 The Project will be closely monitored by the Council or its representative to ensure any agreed timetable is being met and the terms and conditions of this Agreement and recommendations of the Council are being complied with.
7.2 The Service Provider shall promptly supply such information (including the financial records referred to in Clause 4.4) as the Council or its representatives may request from time to time in relation to the expenditure of the Award.
7.3 On completion of the Project, the Service Provider shall complete and promptly return to the Council the End of Grant Report in the form required by the Council to enable the Council to determine if the Service Provider has adhered to the terms and conditions of this Agreement and assess the outcomes of the Award.
8 PAYMENT
8.1 Payment of the Award will be made on or as soon as reasonably practicable after the date of the Council receiving this Agreement duly signed by the Service Provider.
9 PUBLICITY
9.1 The Service Provider shall use all reasonable endeavours to ensure that the public is aware that the Project is supported by Hampshire County Council, and this should include the use of the Hampshire County Council logo on publicity material, followed by the words “SUPPORTED BY HAMPSHIRE COUNTY COUNCIL”. Details can be found on the website www.hants.gov.uk/logos.
9.2 The Service Provider shall use all reasonable endeavours to ensure that the public is aware that the Project is funded through the government’s SureStart program. Details of logos and other publicity guidelines can be found on the SureStart website www.surestart.gov.uk.
10 INSURANCE AND INDEMNITY
10.1 The Service Provider is responsible for and must indemnify the Council, its employees and agents against any expense, liability, loss, claim, or proceedings whatsoever (“Losses”) in respect of the death of or injury to any person, loss of or damage to any property (including property belonging to the Council or for which it is responsible) and in respect of any other losses which may arise out of or in the course of or by reason of any breach of contract, tort, breach of statutory duty, misrepresentation, misstatement, act, omission or default of the Service Provider, its employees, agents or sub-contractors in the performance, non-performance or part-performance of the activities related to the Project.
10.2 Notwithstanding the provisions of clause 10.1, the Service Provider is not responsible for and shall not indemnify the Council for the Losses to the extent that such Losses are caused by negligence of the Council, its employees or agents.
10.3 Without prejudice to its liability to indemnify the Council, the Service Provider shall take out and maintain appropriate Public Liability and Employer’s Liability insurance in an amount sufficient to put and keep the Service Provider in a position to comply with the obligations in clause 10.1 above.
11 NOTICES
11.1 Any notices or other documents to be given under this Agreement shall be in writing and be deemed to be duly given if delivered by hand or registered post or by electronic mail or by facsimile and sent to the address of the relevant Party set out in this Agreement or such other address notified in writing to the other party from time to time. All notices shall be deemed to be received when sent by registered post 2 days following the date of dispatch and if sent by hand, electronic mail or by facsimile mail on the next working day.
11.2 In the event of any postal or other strike or industrial action affecting postal communications in the United Kingdom, notices shall be given personally or by electronic mail or by facsimile.
12 WAIVER
The failure by either Party to insist upon strict performance of any part of the Agreement, or delay in or failure to exercise any rights or remedies, or properly to notify the other Party in the event of breach shall not be deemed to be a waiver of any right of the Party to insist upon strict performance of this Agreement or of any rights or remedies, nor shall any termination of the Agreement by the Party operate as a waiver of any of its terms.
13 SEVERANCE
If any provision of this Agreement shall become or be declared illegal, invalid or unenforceable, in whole or in part, for any reason whatsoever by any competent tribunal or authority, such provision shall be deemed to be deleted from this Agreement in so far as the continued operation of this Agreement is concerned.
14 CONTRACTS (THIRD PARTY RIGHTS)
Any third party who is not a Party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 (“the Third Party Act”) to enforce any term of this Agreement notwithstanding that any such term may purport to confer or may be construed as conferring a benefit on such third party. This does not affect any right or remedy of such third party, which exists or is available apart from the Third Party Act.
15 DATA PROTECTION AND THE FREEDOM OF INFORMATION
15.1 The Service Provider acknowledges that the Council is legally bound to comply with the Data Protection Act 1998 (‘DPA’) and the Freedom of Information Act 2000 (‘FOI’) and every person who enters into an agreement with the Council is subject to the Councils rights and duties under the DPA and FOI.
15.2 The Service Provider shall not disclose any Personal Data (as defined by the DPA) or the terms of this Agreement to any third party without the written approval of the Council. Approval may be granted subject to such terms as the Council thinks fit in order to comply with the DPA and FOI.
15.3 The Council shall be entitled to publish any of the information provided to it by the Service Provider (except personal details of the Service Provider’s individuals) and any information and documents relating to this Agreement as it sees fit and is required to by law.