PAPER H
DATED 1ST APRIL 2022
GRANT AGREEMENT
between
RYDE TOWN COUNCIL
and
Aspire
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CONTENTS
CLAUSE
1.
Definitions
1
2.
Purpose of Grant
3
3.
Payment of Grant
3
4.
Use of Grant
4
5.
Accounts and records
5
6.
Monitoring and reporting
5
7.
Acknowledgment and publicity
7
8.
Intellectual Property Rights
8
9.
Confidentiality
8
10.
Freedom of information
9
11.
Data protection
10
12.
Withholding, suspending and repayment of Grant
10
13.
Anti-discrimination
12
14.
Human rights
12
15.
Limitation of liability
12
16.
Warranties
13
17.
Insurance
14
18.
Duration
14
19.
Termination
15
20.
Assignment
15
21.
Waiver
15
22.
Notices
15
23.
Dispute resolution
15
24.
No partnership or agency
16
25.
Joint and several liability
16
26.
Contracts (Rights of Third Parties) Act 1999
16
27.
Governing law
16
SCHEDULE
Schedule 1- Project Details……………………………………………
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THIS Agreement is dated
PARTIES
(1)
RYDE TOWN COUNCIL, whose principal address is at 10 Lind Street,
Ryde, Isle of Wight PO33 2NQ (Funder).
(2)
Aspire whose principal address is at Aspire, Dover Street, Ryde, IOW,
PO33 2BN (Recipient).
BACKGROUND
(A)
The Funder has agreed to pay the Grant to the Recipient to assist it in
carrying out the Project.
(B)
This Agreement sets out the terms and conditions on which the Grant
is made by the Funder to the Recipient.
(C)
These terms and conditions are intended to ensure that the Grant is
used for the purpose for which it is awarded.
AGREED TERMS
1.
DEFINITIONS
In this Agreement the following terms shall have the following
meanings:
Bribery Act: the Bribery Act 2010 and any subordinate legislation
made under that Act from time to time together with any guidance or
codes of practice issued by the relevant government department
concerning the legislation.
Commencement Date: 1 April 2022
Data Protection Legislation:
(i) the GDPR, the LED and any
applicable national implementing laws as amended from time to time;
(ii) the DPA 2018 to the extent that it relates to processing of personal
data and privacy;
(iii) all applicable law about the processing of
personal data and privacy.
DPA 2018: Data Protection Act 2018
GDPR: the General Data Protection Regulation (EU) 2016/679)
Governing Body: the governing body of the Recipient including its
directors or trustees.
Grant: the sum of £45,000 which is also set out in the Provider Details
to be paid to the Recipient in accordance with this Agreement.
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Grant Period: the period for which the Grant is awarded starting on the
Commencement Date and ending on 31 March 2023.
Intellectual Property Rights: all patents, copyrights and design rights
(whether registered or not) and all applications for any of the foregoing
and all rights of confidence and Know-How however arising for their full
term and any renewals and extensions.
Know-How: information, data, know-how or experience whether
patentable or not and including but not limited to any technical and
commercial information relating to research, design, development,
manufacture, use or sale.
LED: the Law Enforcement Directive (Directive (EU) 2016/680).
Prohibited Act: means:
(a)
offering, giving or agreeing to give to any servant of the Funder
any gift or consideration of any kind as an inducement or
reward for:
(i)
doing or not doing (or for having done or not having
done) any act in relation to the obtaining or performance
of this Agreement or any other contract with the Funder;
or
(ii)
showing or not showing favour or disfavour to any
person in relation to this Agreement or any other
contract with the Funder;
(b)
entering into this Agreement or any other contract with the
Funder where a commission has been paid or has been agreed
to be paid by the Recipient or on its behalf, or to its knowledge,
unless before the relevant contract is entered into particulars of
any such commission and of the terms and conditions of any
such contract for the payment thereof have been disclosed in
writing to the Funder;
(c)
committing any offence:
(i)
under the Bribery Act;
(ii)
under legislation creating offences in respect of
fraudulent acts; or
(iii)
at common law in respect of fraudulent acts in relation to
this Agreement or any other contract with the Funder; or
(d)
defrauding or attempting to defraud or conspiring to defraud the
Funder.
Project: the project described in and set out in the Provider Details.
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Project Manager: the individual who has been nominated to represent
the Funder for the purposes of this Agreement.
Provider Details: the details set out in Schedule 3
2.
PURPOSE OF GRANT
2.1
The Recipient shall use the Grant only for the delivery of the Project
and in accordance with the terms and conditions set out in this
Agreement. The Grant shall not be used for any other purpose without
the prior written agreement of the Funder.
2.2
The Recipient shall not make any significant change to the Project
without the Funder's prior written agreement.
2.3
Where the Recipient intends to apply to a third party for other funding
for the Project, it will notify the Funder in advance of its intention to do
so and, where such funding is obtained, it will provide the Funder with
details of the amount and purpose of that funding. The Recipient
agrees and accepts that it shall not apply for duplicate funding in
respect of any part of the Project or any related administration costs
that the Funder is funding in full under this Agreement.
3.
PAYMENT OF GRANT
3.1
Subject to clause 12, the Funder shall pay the Grant to the Recipient in
instalments. The first instalment shall be paid at the commencement of
the agreement. Further instalments shall be paid quarterly in arrears in
accordance with Schedule 2, subject to the necessary funds being
available when payment falls due. The Recipient agrees and accepts
that payments of the Grant can only be made to the extent that the
Funder has available funds.
3.2
No Grant shall be paid unless and until the Funder is satisfied that such
payment will be used for proper expenditure in the delivery of the
Project.
3.3
The amount of the Grant shall not be increased in the event of any
overspend by the Recipient in its delivery of the Project.
3.4
The Grant shall be paid into a separate bank account in the name of
the Recipient which must be an ordinary business bank account. All
cheques from the bank account must be signed by at least two
individual representatives of the Recipient.
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3.5
The Recipient shall not transfer any part of the Grant to bank accounts
which are not ordinary business accounts within the clearing bank
system, without the prior written consent of the Funder.
3.6
The Recipient shall promptly repay to the Funder any money
incorrectly paid to it either as a result of an administrative error or
otherwise. This includes (without limitation) situations where either an
incorrect sum of money has been paid or where Grant monies have
been paid in error before all conditions attaching to the Grant have
been complied with by the Recipient.
4.
USE OF GRANT
4.1
The Grant shall be used by the Recipient for the delivery of the Project
in accordance with the agreed budget set out in Schedule 1. For the
avoidance of doubt, the amount of the Grant that the Recipient may
spend on any item of expenditure listed in Schedule 1 shall not exceed
the corresponding sum of money listed in the same schedule without
the prior written agreement of the Funder.
4.2
Where the Recipient has obtained funding from a third party in relation
to its delivery of the Project (including without limitation funding for
associated administration and staffing costs), the amount of such
funding shall be included in the budget in together with a clear
description of what that funding shall be used for.
4.3
The Recipient shall not use the Grant to:
(a) make any payment to members of its Governing Body;
(b) purchase buildings or land; or
(c)
pay for any expenditure commitments of the Recipient entered
into before the Commencement Date,
unless this has been approved in writing by the Funder.
4.4
The Recipient shall not spend any part of the Grant on the delivery of
the Project after the Grant Period.
4.5
Should any part of the Grant remain unspent at the end of the Grant
Period, the Recipient shall ensure that any unspent monies are
returned to the Funder.
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4.6
Any liabilities arising at the end of the Project including any redundancy
liabilities for staff employed by the Recipient to deliver the Project must
be managed and paid for by the Recipient using the Grant or other
resources of the Recipient. There will be no additional funding available
from the Funder for this purpose.
5.
ACCOUNTS AND RECORDS
5.1
The Grant shall be shown in the Recipient's accounts as a restricted
fund and shall not be included under general funds.
5.2
The Recipient shall keep separate, accurate and up-to-date accounts
and records of the receipt and expenditure of the Grant monies
received by it.
5.3
The Recipient shall keep all invoices, receipts, and accounts and any
other relevant documents relating to the expenditure of the Grant for a
period of at least six years following receipt of any Grant monies to
which they relate. The Funder shall have the right to review, at the
Funder's reasonable request, the Recipient's accounts and records that
relate to the expenditure of the Grant and shall have the right to take
copies of such accounts and records.
5.4
The Recipient shall provide the Funder with a copy of its annual
accounts within six months (or such lesser period as the Funder may
reasonably require) of the end of the relevant financial year in respect
of each year in which the Grant is paid.
5.5
The Recipient shall comply and facilitate the Funder's compliance with
all statutory requirements as regards accounts, audit or examination of
accounts, annual reports and annual returns applicable to itself and the
Funder.
6.
MONITORING AND REPORTING
6.1
The Recipient shall closely monitor the delivery and success of the
Project throughout the Grant Period to ensure that the aims and
objectives of the Project are being met and that this Agreement is
being adhered to.
6.2
The Recipient shall provide the Funder with an operational report on its
use of the Grant and delivery of the Project every quarter and in such
formats as the Funder may reasonably require. The Recipient shall
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provide the Funder with each report within one month of the last day of
the quarter to which it relates.
6.3
Where the Recipient has obtained funding from a third party for its
delivery of part of the Project, the Recipient shall include the amount of
such funding in its financial reports together with details of what that
funding has been used for.
6.4
Along with its first quarterly financial report, the Recipient shall provide
the Funder with a risk register and insurance review in the format
provided by the Funder. The Recipient shall address the health and
safety of its staff in the risk register.
6.5
The Recipient shall on request provide the Funder with such further
information, explanations and documents as the Funder may
reasonably require in order for it to establish that the Grant has been
used properly in accordance with this Agreement.
6.6
The Recipient shall permit any person authorised by the Funder such
reasonable access to its employees, agents, premises, facilities, and
records, for the purpose of discussing, monitoring and evaluating the
Recipient's fulfilment of the conditions of this Agreement and shall, if so
required, provide appropriate oral or written explanations from them.
6.7
The Recipient shall permit any person authorised by the Funder for the
purpose to visit the Recipient once every quarter to monitor the delivery
of the Project. Where, in its reasonable opinion, the Funder considers
that additional visits are necessary to monitor the Project, it shall be
entitled to authorise any person to make such visits on its behalf.
6.8
The Recipient shall provide the Funder with a final report on completion
of the Grant Period which shall confirm whether the Project has been
successfully and properly completed.
The Funder also agrees as follows:
Impact report- to be provided at the end of the Project to be received
no later than 31 May 2023.
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Testimonials- Feedback to be provided quarterly
Policies/DBS -to be provided on request
Community development forums- Four quarterly forums will be
arranged each year Provider representative to attend at least three.
7.
ACKNOWLEDGMENT AND PUBLICITY
7.1
The Recipient shall acknowledge the Grant in its annual report and
accounts, including an acknowledgement of the Funder as the source
of the Grant.
7.2
The Recipient shall not publish any material referring to the Project or
the Funder without the prior written agreement of the Funder. The
Recipient shall acknowledge the support of the Funder in any materials
that refer to the Project and in any written or spoken public
presentations about the Project. Such acknowledgements
(where
appropriate or as requested by the Funder) shall include the Funder's
name and logo (or any future name or logo adopted by the Funder)
using the templates provided by the Funder from time to time.
7.3
In using the Funder's name and logo, the Recipient shall comply with
all reasonable branding guidelines issued by the Funder from time to
time.
7.4
The Recipient agrees to participate in and co-operate with promotional
activities relating to the Project that may be instigated and/or organised
by the Funder.
7.5
The Funder may acknowledge the Recipient's involvement in the
Project as appropriate without prior notice.
7.6
The Recipient shall comply with all reasonable requests from the
Funder to facilitate visits, provide reports, statistics, photographs and
case studies that will assist the Funder in its promotional and
fundraising activities relating to the Project.
7.7
The Funder will be responsible for the marketing of any events,
sessions etc.
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8.
INTELLECTUAL PROPERTY RIGHTS
8.1
The Funder and the Recipient agree that all rights, title and interest in
or to any information, data, reports, documents, procedures, forecasts,
technology, Know-How and any other Intellectual Property Rights
whatsoever owned by either the Funder or the Recipient before the
Commencement Date or developed by either party during the Grant
Period, shall remain the property of that party.
8.2
Where the Funder has provided the Recipient with any of its Intellectual
Property Rights for use in connection with the Project (including without
limitation its name and logo), the Recipient shall, on termination of this
Agreement, cease to use such Intellectual Property Rights immediately
and shall either return or destroy such Intellectual Property Rights as
requested by the Funder.
9.
CONFIDENTIALITY
9.1
Subject to clause 10 (Freedom of Information), each party shall during
the term of this Agreement and thereafter keep secret and confidential
all Intellectual Property Rights or Know-How or other business,
technical or commercial information disclosed to it as a result of the
Agreement and shall not disclose the same to any person save to the
extent necessary to perform its obligations in accordance with the
terms of this Agreement or save as expressly authorised in writing by
the other party.
9.2
The obligation of confidentiality contained in this clause shall not apply
or shall cease to apply to any Intellectual Property Rights, Know-How
or other business, technical or commercial information which:
(a) at the time of its disclosure by the disclosing party is already in
the public domain or which subsequently enters the public
domain other than by breach of the terms of this Agreement by
the receiving party;
(b) is already known to the receiving party as evidenced by written
records at the time of its disclosure by the disclosing party and
was not otherwise acquired by the receiving party from the
disclosing party under any obligations of confidence; or
(c)
is at any time after the date of this Agreement acquired by the
receiving party from a third party having the right to disclose
the same to the receiving party without breach of the
obligations owed by that party to the disclosing party.
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10.
FREEDOM OF INFORMATION
10.1
The Recipient acknowledges that the Funder is subject to the
requirements of the Freedom of Information Act 2000 (FOIA) and the
Environmental Information Regulations 2004 and shall assist and co-
operate with the Funder (at the Recipient's expense) to enable the
Funder to comply with these information disclosure requirements.
10.2
The Recipient shall:
(a) transfer the request for information to the Funder as soon as
practicable after receipt and in any event within five Working
Days of receiving a request for information;
(b) provide the Funder with a copy of all information in its
possession or power in the form that the Funder requires within
five working days (or such other period as the Funder may
specify) of the Funder requesting that information; and
(c)
provide all necessary assistance as reasonably requested by
the Funder to enable the Funder to respond to a request for
information within the time for compliance set out in section 10
of the FOIA or regulation 5 of the Environmental Information
Regulations 2004.
10.3
The Funder shall be responsible for determining at its absolute
discretion whether the information:
(a) is exempt from disclosure in accordance with the provisions of
the FOIA or the Environmental Information Regulations 2004;
(b) is to be disclosed in response to a request for information, and
in no event shall the Recipient respond directly to a request for
information unless expressly authorised to do so by the
Funder.
10.4
In no event shall the Recipient respond directly to a request for
information unless expressly authorised to do so by the Funder.
10.5
The Recipient acknowledges that the Funder may, acting in
accordance with the Secretary of State for Constitutional Affairs' Code
of Practice on the discharge of public authorities' functions under Part 1
of FOIA (issued under section 45 of the FOIA, November 2004), be
obliged under the FOIA or the Environmental Information Regulations
2004 to disclose information:
(a) without consulting with the Recipient; or
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(b) following consultation with the Recipient and having taken its
views into account,
provided always that where clause 10.5(b) applies the Funder shall, in
accordance with any recommendations of the Code, take reasonable
steps, where appropriate, to give the Recipient advanced notice, or
failing that, to draw the disclosure to the Recipient's attention after any
such disclosure.
10.6
The Recipient shall ensure that all information produced in the course
of the Agreement or relating to the Agreement is retained for disclosure
and shall permit the Funder to inspect such records as requested from
time to time.
11.
DATA PROTECTION
Both parties will comply with all applicable requirements of and their
obligations under the Data Protection Legislation which arise in
connection with the Agreement.
12.
WITHHOLDING, SUSPENDING AND REPAYMENT OF GRANT
12.1
The Funder's intention is that the Grant will be paid to the Recipient in
full. However, without prejudice to the Funder's other rights and
remedies, the Funder may at its discretion withhold or suspend
payment of the Grant and/or require repayment of all or part of the
Grant if:
(a) the Recipient uses the Grant for purposes other than those for
which they have been awarded;
(b) the delivery of the Project does not start within 3 months of the
Commencement Date and the Recipient has failed to provide
the Funder with a reasonable explanation for the delay;
(c)
the Funder considers that the Recipient has not made
satisfactory progress with the delivery of the Project;
(d) the Recipient is, in the reasonable opinion of the Funder,
delivering the Project in a negligent manner;
(e) the Recipient obtains duplicate funding from a third party for
the Project;
(f)
the Recipient obtains funding from a third party which, in the
reasonable opinion of the Funder, undertakes activities that are
likely to bring the reputation of the Project or the Funder into
disrepute;
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(g)
the Recipient provides the Funder with any materially
misleading or inaccurate information;
(h)
the Recipient commits or committed a Prohibited Act;
(i)
any member of the governing body, employee or volunteer of
the Recipient has (a) acted dishonestly or negligently at any
time and directly or indirectly to the detriment of the Project or
(b) taken any actions which, in the reasonable opinion of the
Funder, bring or are likely to bring the Funder's name or
reputation into disrepute;
(j)
the Recipient ceases to operate for any reason, or it passes a
resolution
(or any court of competent jurisdiction makes an
order) that it be wound up or dissolved (other than for the
purpose of a bona fide and solvent reconstruction or
amalgamation);
(k)
the Recipient becomes insolvent, or it is declared bankrupt, or
it is placed into receivership, administration or liquidation, or a
petition has been presented for its winding up, or it enters into
any arrangement or composition for the benefit of its creditors,
or it is unable to pay its debts as they fall due; or
(l)
the Recipient fails to comply with any of the terms and
conditions set out in this Agreement and fails to rectify any
such failure within 30 days of receiving written notice detailing
the failure.
12.2
Wherever under the Agreement any sum of money is recoverable from
or payable by the Recipient (including any sum that the Recipient is
liable to pay to the Funder in respect of any breach of the Agreement),
the Funder may unilaterally deduct that sum from any sum then due, or
which at any later time may become due to the Recipient under the
Agreement or under any other agreement or contract with the Funder.
12.3
The Recipient shall make any payments due to the Funder without any
deduction whether by way of set-off, counterclaim, discount, abatement
or otherwise.
12.4
Should the Recipient be subject to financial or other difficulties which
are capable of having a material impact on its effective delivery of the
Project or compliance with this Agreement it will notify the Funder as
soon as possible so that, if possible, and without creating any legal
obligation, the Funder will have an opportunity to provide assistance in
resolving the problem or to take action to protect the Funder and the
Grant monies.
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13.
ANTI-DISCRIMINATION
13.1
The Recipient shall not unlawfully discriminate within the meaning and
scope of any law, enactment, order, or regulation relating to
discrimination
(whether in race, gender, religion, disability, sexual
orientation, age or otherwise) in employment.
13.2
The Recipient shall take all reasonable steps to secure the observance
of clause 13.1 by all servants, employees or agents of the Recipient
and all suppliers and sub-contractors engaged on the Project.
14.
HUMAN RIGHTS
14.1
The Recipient shall
(and shall use its reasonable endeavours to
procure that its staff shall) at all times comply with the provisions of the
Human Rights Act 1998 in the performance of this Agreement as if the
Recipient were a public body (as defined in the Human Rights Act
1998).
14.2
The Recipient shall undertake, or refrain from undertaking, such acts
as the Funder requests so as to enable the Funder to comply with its
obligations under the Human Rights Act 1998.
15.
LIMITATION OF LIABILITY
15.1
The Funder accepts no liability for any consequences, whether direct
or indirect, that may come about from the Recipient running the
Project, the use of the Grant or from withdrawal of the Grant. The
Recipient shall indemnify and hold harmless the Funder, its employees,
agents, officers or sub-contractors with respect to all claims, demands,
actions, costs, expenses, losses, damages and all other liabilities
arising from or incurred by reason of the actions and/or omissions of
the Recipient in relation to the Project, the non-fulfilment of obligations
of the Recipient under this Agreement or its obligations to third parties.
15.2
Subject to clause 15.1, the Funder's liability under this Agreement is
limited to the payment of the Grant.
16.
WARRANTIES
The Recipient warrants, undertakes and agrees that:
(a) it has all necessary resources and expertise to deliver the
Project (assuming due receipt of the Grant);
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(b)
it has not committed, nor shall it commit, any Prohibited Act;
(c)
it shall at all times comply with all relevant legislation and all
applicable codes of practice and other similar codes or
recommendations, and shall notify the Funder immediately of
any significant departure from such legislation, codes or
recommendations;
(d)
it shall comply with the requirements of the Health and Safety
at Work etc. Act 1974 and any other acts, orders, regulations
and codes of practice relating to health and safety, which may
apply to employees and other persons working on the Project;
(e)
it has and shall keep in place adequate procedures for dealing
with any conflicts of interest;
(f)
it shall keep in place systems to ensure safeguarding policies
and practices are maintained to meet identified risks and
ensure staff and volunteers are appropriately vetted and DBS
checks secure.
The Recipient will notify the Funder
immediately of any safeguarding issues identified within the
organisation during the timeframe of the Grant with the
prevention of fraud and/or administrative malfunction;
(g)
it has and shall keep in place systems to deal with the
prevention of fraud and/or administrative malfunction;
(h)
all financial and other information concerning the Recipient
which has been disclosed to the Funder is to the best of its
knowledge and belief, true and accurate;
(i)
it is not subject to any contractual or other restriction imposed
by its own or any other organisation's rules or regulations or
otherwise which may prevent or materially impede it from
meeting its obligations in connection with the Grant;
(j)
it is not aware of anything in its own affairs, which it has not
disclosed to the Funder or any of the Funder's advisers, which
might reasonably have influenced the decision of the Funder to
make the Grant on the terms contained in this Agreement; and
(k)
since the date of its last accounts there has been no material
change in its financial position or prospects.
17.
INSURANCE
17.1
The Recipient shall effect and maintain with a reputable insurance
company a policy or policies in respect of all risks which may be
incurred by the Recipient, arising out of the Recipient's performance of
the Agreement, including death or personal injury, loss of or damage to
property or any other loss (the Required Insurances).
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17.2
The Required Insurances referred to above include (but are not limited
to):
(a) public liability insurance with a limit of indemnity of not less
than ten million pounds (£10,000,000) in relation to any one
claim or series of claims arising from the Service; and
(b) employer's liability insurance with a limit of indemnity of not
less than five million pounds (£5,000,000) in relation to any one
claim or series of claims arising from the Service.
The Recipient shall (on request) supply to the Funder a copy of such
insurance policies and evidence that the relevant premiums have been
paid.
18.
DURATION
18.1
Except where otherwise specified, the terms of this Agreement shall
apply from the date of this Agreement for a period of 6 (six) months or
for so long as any Grant monies remain unspent by the Recipient,
whichever is longer.
18.2
Any obligations under this Agreement that remain unfulfilled following
the expiry or termination of the Agreement shall survive such expiry or
termination and continue in full force and effect until they have been
fulfilled including but not limited to those clauses identified in Clause
18.3.
18.3
For the avoidance of doubt the following clauses 1, 3.5, 3.6, 4.4, 4.5,
4.6, 5.2, 5.3, 5.4, 5.5, 6.2, 6.5, 6.6, 6.9, 7.2, 9, 10, 11, 12 and 23 shall
survive termination.
19.
TERMINATION
The Funder may terminate this Agreement and any Grant payments on
giving the Recipient 14 days written notice should it be required to do
so by financial restraints or for any other reason.
20.
ASSIGNMENT
The Recipient may not, without the prior written consent of the Funder,
assign, transfer, sub-contract, or in any other way make over to any
third party the benefit and/or the burden of this Agreement or, except
as contemplated as part of the Project, transfer or pay to any other
person any part of the Grant.
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21.
WAIVER
No failure or delay by either party to exercise any right or remedy under
this Agreement shall be construed as a waiver of any other right or
remedy.
22.
NOTICES
All notices and other communications in relation to this Agreement
shall be in writing and shall be deemed to have been duly given if
personally delivered, or mailed
(first class postage prepaid) to the
address of the relevant party, as referred to above or otherwise notified
in writing. If personally delivered all such communications shall be
deemed to have been given when received (except that if received on
a non-working day or after 5.00 pm on any working day they shall be
deemed received on the next working day) and if mailed all such
communications shall be deemed to have been given and received on
the second working day following such mailing.
23.
DISPUTE RESOLUTION
23.1
In the event of any complaint or dispute (which does not relate to the
Funder's right to withhold funds or terminate) arising between the
parties to this Agreement in relation to this Agreement the matter
should first be referred for resolution to the Project Manager or any
other individual nominated by the Funder from time to time.
23.2
Should the complaint or dispute remain unresolved within 14 days of
the matter first being referred to the Project Manager or other
nominated individual, as the case may be, either party may refer the
matter to the Managing Director of the Funder and the Managing
Director (or equivalent) of the Recipient with an instruction to attempt to
resolve the dispute by agreement within 28 days, or such other period
as may be mutually agreed by the Funder and the Recipient.
23.3
In the absence of agreement under clause 23.2, the parties may seek
to resolve the matter through mediation under the CEDR Model
Mediation Procedure
(or such other appropriate dispute resolution
model as is agreed by both parties). Unless otherwise agreed, the
parties shall bear the costs and expenses of the mediation equally.
24.
NO PARTNERSHIP OR AGENCY
This Agreement shall not create any partnership or joint venture
between the Funder and the Recipient, nor any relationship of principal
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and agent, nor authorise any party to make or enter into any
commitments for or on behalf of the other party.
25.
JOINT AND SEVERAL LIABILITY
Where the Recipient is not a company nor an incorporated entity with a
distinct legal personality of its own, the individuals who enter into and
sign this Agreement on behalf of the Recipient shall be jointly and
severally liable for the Recipient's obligations and liabilities arising
under this Agreement.
26.
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
This Agreement does not and is not intended to confer any contractual
benefit on any person pursuant to the terms of the Contracts (Rights of
Third Parties) Act 1999.
27.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance
with the law of England and the parties irrevocably submit to the
exclusive jurisdiction of the English courts.
This document has been executed and is delivered and takes effect on the
date stated at the beginning of it.
SIGNED for an on behalf of the
RYDE TOWN COUNCIL
Signature ………………………….
Name ……………………………………………
Position …………………………………………
Signed for and on behalf of the
Aspire
Signature ………………………………………..
Name …… ………………………………………
Position …… ……………………………………
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SCHEDULE 1 - COMMUNITY DEVELOPMENT PROJECT
1.
Plan and deliver creative and engaging consultation events and
activities, to understand and gather information from a diverse range of
people on local needs and issues. Including, organising two ‘meet and
greet’ events. One bringing together all community groups to share
resources and ideas and a second inviting community groups and
funders to a forum to assist with relationship building with a view to
increasing funding for local organisations.
2.
Support residents and community groups to lead on community
projects and the development and delivery of new groups, services or
activities to meet needs or improve services within the community of
Ryde.
3.
4.
To research issues and funding opportunities for use by RTC and
Community Groups in internal and external development. This will
include desk based research and outreach work at events and door to
door in the local community.
5.
Support other organisations with Grant Funding Applications.
6.
Support new and existing community organisations in governance
arrangements and policy formation.
7.
Liaise with all stakeholders including local schools, Councillors,
community and voluntary groups and local businesses to ensure their
skills, knowledge and ability to connect and support local people is fully
utilised.
8.
Gather data and information continuously and comprehensively from
multiple sources, utilising a variety of methods to accurately inform
report writing, capture case studies and support recommendations for
change with the wider team.
9.
To support the work of other members of RTC when necessary for the
good of the organisation and the community of Ryde.
10. To attend relevant meetings as requested by the Town Clerk or RTC
officers.
11. Keep and maintain a database of volunteers ensuring relevant security
and DBS checks are taken.
12. Publicise the volunteer database, recruit volunteers deploy within the
community and community groups where necessary.
13. Support the Town Clerk to maintain a database of activity, outputs and
outcomes that will be used to report on activities to partners.
Marketing and Communications:
14. Undertake quality proactive and reactive media work, including leading
on
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Facebook, Twitter, and YouTube, working with all members of the
organisation to maximise usage and content.
15. Identify and develop opportunities for Ryde to raise its profile among
key target audiences, in line with identified communications objectives.
Diversity and Inclusion
If the Recipient is unable or unwilling to deliver a service or activity which
the community connector or others deem useful to residents or to
community groups that the community connector seeks to make
alternative arrangements including location to ensure delivery of the
service or activity.
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SCHEDULE 2 - PAYMENT SCHEDULE
Payments are to be made in accordance with the below schedule and upon receipt of
an invoice:
Date
of
Milestone
Evidence Required for
Net
VAT
Gross
Milestone
Payment Approval
Amount
Amount
01/04/2022
Start Up
On return of your signed
£9,000
-
£9,000
Payment
agreement
@ 20%
14/07/2022
Interim
Please submit a progress
£9,000
-
£9,000
Payment
update report in line with KPI’
@20% and
criteria
progress
update
14/09/2022
Interim
Please submit a progress
£9,000
-
£9,000
Payment
update report in line with KPI’
@20% and
criteria
progress
update
14/01/2022
Interim
Please submit a progress
£9,000
-
£9,000
Payment
update report in line with KPI’
@20% and
criteria
progress
update
14/03/2022
Interim
Please submit a progress
£9,000
-
£9,000
Payment
update report in line with KPI’
@20% and
criteria
progress
update
19
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Key Performance Indicators - Community Development
TARGET
WHAT IS THE
HOW IS SUCCESS
WHAT FORM
WHEN
OUTCOME
MEASURED
1
Consultation events &
1a) How many community
Statistical information on
Within 12 months
activities delivered
groups were engaged?
community groups
1)
Community
1b) How many community
attending.
groups to share
groups took part in the
Testimonies of
resources/ideas
events/activities that had
community groups
On-going
not previously engaged?
(evidence of resources
shared and ideas
exchanged)
Testimonials of
2)
Community
2) How many community
community groups and
On-going
groups & funders
groups participated
funders attending
forum delivered
(including groups that had
not participated
Examples of stronger
previously). How many
relationships including
Within 12 months and on-
funders took part?
new projects planned and
going
underway
Evidence of increased
funding for local
Within 12 months and on
organisations
ongoing
2
Community groups and
Evidence of new groups
Statistical data of type of
Within 12 months
residents taking a lead on
and type of group formed
new groups formed and
projects and formation
their intended
and delivery of new
Evidence of funding
beneficiaries
groups, services &
applied for
activities
Projects ready to go ahead
3,4,5
To research and apply for
Grants applied for and
Successful funding
On going
grant funding for RTC and
support given
applications and
provide bid writing
increased funding for
support for community
community groups in
groups
Ryde
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Key Performance Indicators - Community Development
TARGET
WHAT IS THE
HOW IS SUCCESS
WHAT FORM
WHEN
OUTCOME
MEASURED
6
Increased connections
New relationships formed
Statistical information on
Within 12 months
between community
and shared knowledge and
new connections and
groups with increased the
resources
testimonials to show skills
sharing of resources
and knowledge on being
utilised
7
Production of data to
Accurate and informative
Statistical information and
Within 12-18 months
inform report writing, case
reports
case studies resulting in
studies and support
recommendations for
recommendations for
change
change
8,9
Closer working
Exchange of information
Statistical information and
On-going
relationship with other
and attend RTC when
case studies and
members of RTC
requested
exchange of knowledge
and support
Volunteers recruited,
Growth of volunteer
Statistical data (inc data of
Quarterly
10,11
screened and effectively
database and expansion of
numbers of volunteers
deployed
skills offered
with enhanced DBS
checks) who have been
deployed within the
community and projects
they have enabled and
completed
Encourage new volunteers
Statistical data
Quarterly
to sign up
Skills, availability, and
Evidence of publicity
Quarterly
qualifications (if any) of
material
volunteers publicised to
community groups
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Key Performance Indicators - Community Development
Volunteering opportunities
Testimonials from
Within 6 months
delivered across the
community groups or
community
projects
Implementation of CATCH
System implemented
Qtr 1
system (with support from
RTC)
12
Implementation of
Reports produced and
Statistical Information
Within 12 months
Database of activity,
delivered to partners
outputs and outcomes
13
Increased profile on
A rise in the number of
Statistical Information
Within 6 months
social media
posts, shared posts and
likes
14
Increased profile for Ryde
A rise in the number of
Statical Information
Within 6 months
among key audience
posts, shared posts and
likes
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