Grant Applicant Name: [INSERT APPLICANT S FULL COMPANY/CHARITY NAME & REGISTERED NUMBER]

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1 GRANT ACCEPTANCE FORM SOCIAL ENTERPRISE FUND GRANT FUNDING OF 5000 OR LESS Grant Applicant Name: [INSERT APPLICANT S FULL COMPANY/CHARITY NAME & REGISTERED NUMBER] Project Name & Brief [INSERT DETAILS] Description ( the Project ): 1 INTRODUCTION 1.1 Your organisation has submitted a successful proposal to the West Sussex County Council ( WSCC ) Social Enterprise Fund ( the Fund ). 1.2 Your organisation has been awarded grant funding from the Fund of [INSERT] ( [INSERT 1 ]) ( the Grant Funding ). 1.3 Before the Grant Funding can be released, we need you to complete and return this Grant Acceptance Form on behalf of your organisation. Please read this Grant Acceptance Form carefully, and ask for an explanation of anything that you are not sure about. You may wish to seek your own legal advice before signing this Grant Acceptance Form. 1.4 Once this Grant Acceptance Form has been fully completed and signed, please return it to: Laura Bern, Economic Development Team, West Sussex County Council, 1 st Floor, The Grange, Tower Street, Chichester, PO19 1RH. Alternatively you can the completed and signed Grant Acceptance Form to laura.bern@westsussex.gov.uk, providing the Grant Acceptance Form has been signed by hand and a scanned copy of the signed Grant Acceptance Form is ed. The deadline for receipt of the completed and signed Grant Acceptance Form is [INSERT DATE]. 1.5 No Grant Funding will be released until this Grant Acceptance Form has been signed, and returned to the above address, confirming your acceptance of the requirements set out in this Grant Acceptance Form on behalf of your organisation. 1.6 The terms set out in the Grant Acceptance Form shall apply from the date your organisation returns the signed Grant Acceptance Form until the expiry of the Grant Period which shall end on the date six (6) months from the date of payment of the Grant by WSCC, or for so long as the Grant monies remain unspent by your organisation, whichever is longer. 2 USE OF GRANT FUNDING 2.1 You confirm that all information provided by your organisation during the application process is true and accurate and that you will comply with the terms and conditions in this Grant Acceptance Form. 2.2 You agree that the Grant Funding awarded to your organisation will not be used for any purpose other than the Project detailed in your initial application form dated [INSERT DATE] and attached hereto ( the Application ). Any proposed changes to the Application must be the subject of a formal request to WSCC and must be approved by WSCC in writing. 2.3 You confirm that your organisation will comply with any timescales outlined in the Application. 3 DOCUMENTATION 3.1 You agree that your organisation will keep and retain for at least three (3) years records of how the Grant Funding has been spent so as to provide an audit trail of the use of the Grant Funding. Specifically, you agree that your organisation will keep invoices, receipts, any other proof of payment, employment contracts or any other contract related to the purchase or supply of goods or services related to the Application. You agree that your organisation will make all such records available to officers of WSCC to examine at all reasonable times. 3.2 You agree that your organisation will comply with the Data Protection Act 1998 and any guidance or codes of practice issued by the Information Commissioners Office. 1 As per the [MONTH AND YEAR] monthly Euro rate on the European Commission Website - http//ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/inforeuro_en.cfm 1

2 4 MONITORING AND INVOLVEMENT 4.1 You agree to provide information and/or any documents in response to requests by WSCC or your local County Councillor for feedback on the progress of the Project throughout the duration of the Project and for WSCC to determine if the Grant has been used properly in accordance with this agreement. Such information shall be provided within twenty one (21) days of such request. 4.2 You agree to submit a completion report to WSCC within one month of the end of the Project which shall confirm whether the Project has been successfully and properly completed and will help measure the impact of the Grant Funding. 4.3 Where required, you agree to meet with WSCC to discuss the Project, upon WSCC giving you at least seven (7) working days notice. 4.4 You agree to permit WSCC and its auditors to audit, review and monitor the performance of your organisation under this agreement within five (5) Working Days of a request. 4.5 You agree that WSCC may publish details of the amount of Grant Funding awarded to your organisation and the name of your organisation. 4.6 You agree to ensure that WSCC s financial support is identified in any publicity or public communications dealing with the Project however; your organisation shall not publish any material referring to the Project or WSCC without the prior written agreement of WSCC. Use of the WSCC name and logo shall comply with the WSCC Corporate Branding Policy which shall be provided by WSCC on request. WSCC reserves the right to require your organisation to cease or withdraw any such publicity or communications at any time. 5 RESPONSIBILITIES 5.1 You agree to ensure that the Grant Funding is spent in a way and for purposes which are lawful and proper and reflect well on your organisation s reputation and that of WSCC. 5.2 You agree to ensure that all legal requirements needed to enable the delivery of the Project are met before your organisation receives the Grant Funding. 5.3 You agree to ensure that the Grant Funding is spent only on the Project for which the Grant Funding has been awarded as detailed in the Application. 5.4 Your organisation has six (6) months to spend the Grant Funding from the date of payment by WSCC. Any part of the Grant Funding not spent by that time shall be repaid to WSCC. 5.5 The award of the Grant Funding to your organisation by WSCC shall not be construed as creating a contract of employment between your organisation or any of its employees and WSCC nor shall it create any partnership or joint venture between WSCC and your organisation or any relationship of principal and agent, nor shall it authorise any party to make or enter into any commitments for or on behalf of the other party. 6 PAYMENT AND REPAYMENT OF GRANT FUNDING 6.1 The Grant Funding shall be paid to your organisation in a single payment. 6.2 The Grant Funding shall be paid into a separate bank account in the name of your organisation which must be an ordinary business bank account. Your organisation shall not transfer any part of the Grant Funding to bank accounts which are not ordinary business accounts within the clearing bank system, without the prior written consent of WSCC. 6.3 You accept that your organisation may be required to repay the Grant Funding (in whole or in part) if your organisation spends the Grant Funding for any purpose other than those agreed in the Application or if you fail to comply with any of the terms and conditions set out in this Grant Acceptance Form. 6.4 In the event of WSCC deciding that there has been an unauthorised use of the Grant Funding, or a breach of any of the terms and conditions in this Grant Acceptance Form, your organisation will be provided with an opportunity to correct the breach or make good the unauthorised payment. If WSCC is not satisfied with the action taken, a formal request for repayment will be made. The amount to be repaid will be calculated by reference to all the circumstances of the breach. A failure to make the repayment may lead to WSCC taking formal action to recover the amount being reclaimed. 6.5 Any formal requests for repayment will be dealt with by WSCC Officers. In the event of any challenge by your organisation to the request, or the calculation of the amount to be repaid, the matter may be referred to the WSCC Cabinet Member for Finance and Resources. 2

3 6.6 WSCC's intention is that the Grant Funding will be paid to your organisation in full. However, WSCC may at its discretion withhold or suspend payment of the Grant Funding and/or require repayment of all or part of the Grant Funding if: your organisation uses the Grant Funding for purposes other than those for which they have been awarded; there is a substantial change in the Project which WSCC has not approved; your organisation fails to keep and maintain the Records specified in this Grant Acceptance Form, or fails to return the required final completion report in accordance with this Grant Acceptance Form; your organisation provides WSCC with any materially misleading or inaccurate information; the requirements relating to State Aid have not been met; any member of the Governing Body, employee or volunteer of your organisation 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 WSCC, bring or are likely to bring the WSCC s name or reputation into disrepute; your organisation 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; your organisation 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 WSCC has reasonable grounds upon which to suspect that your organisation or any employee, agent or sub-contractor of your organisation or any other person acting on the Project or on behalf of your organisation has: (a) been fraudulent or corrupt in respect of the Project or any other matter; (b) has committed an offence under the Bribery Act 2010; (c) at any time during the process leading up to the formation of this agreement directly or indirectly canvassed, solicited or induced any member or employee, servant or agent of WSCC, or the Council which could have affected the approval of the Project by WSCC; or (d) directly or indirectly obtained or attempted to obtain information from any member, employee, or servant of WSCC concerning any other project submitted by any other organisation which could have affected the approval of the Project by WSCC. 6.7 WSCC shall not accept liability for amounts due to be paid by your organisation to HM Customs and Excise in respect of VAT and your organisation shall indemnify WSCC against VAT liability incurred by it. Accordingly, WSCC shall not make any payments, in addition to the Grant Funding, to fund recoverable Value Added Tax incurred by your organisation in carrying out the Project. 7 STATE AID 7.1 Under EC Regulation 1998/2006 (de minimis regulations), the Grant Funding constitutes de minimis aid. There is a ceiling of 200,000 for all de minimis aid provided to any one undertaking over a three (3) year period. Any de minimis aid awarded to your organisation under this Grant Acceptance Form will be relevant if your organisation wishes to apply, or has applied, for any other de minimis aid. For the purposes of the de minimis regulations, you must retain this Grant Acceptance Form for three (3) years from the date on this Grant Acceptance Form and produce it on any request by the UK public authorities or the European Commission. You may need to keep this Grant Acceptance Form longer than three (3) years for other purposes. 7.2 Your organisation is responsible for ensuring that any applicable requirements relating to State Aid have been met and for ensuring that the Grant Funding is received in compliance with any applicable State Aid rules. WSCC is relying on the information and confirmations provided by your organisation in issuing the Grant Funding and the risk of incomplete or inaccurate information lies with your organisation. 7.3 Your organisation is solely responsible for ensuring that the Grant Funding is applied in a manner which is compliant with the applicable State Aid rules in place at the time. 7.4 Your organisation shall notify WSCC of any new aid received from any source during the life of the Project that amounts to State Aid. 7.5 Failure to comply with the State Aid rules may result in WSCC being required by the European Commission to take enforcement action, such as requiring repayment, together with any interest which has accrued in respect of the same, by your organisation of all or any part of the Grant Funding paid to your organisation. Your organisation will be responsible for its own legal costs in obtaining any necessary advice on State Aid issues and no additional funding will be provided by WSCC in respect of these costs. 7.6 If the amount of the Grant Funding to be awarded by WSCC to your organisation under this Grant Acceptance Form will exceed the State Aid ceiling of 200,000, calculated by reference to the information you provide in clause 13 below, then WSCC will be entitled to either reduce the Grant Funding payable or refuse to pay any amount of the Grant Funding, notwithstanding that you have completed and signed this Grant Acceptance Form. 3

4 8 INTELLECTUAL PROPERTY RIGHTS 8.1 Where WSCC has provided your organisation with any of its Intellectual Property Rights for use in connection with the Project (including without limitation its name and logo), these shall remain the property of WSCC and your organisation shall on expiry of the Grant Period, cease to use such Intellectual Property Rights immediately and shall either return or destroy such Intellectual Property Rights as requested by WSCC. 9 FREEDOM OF INFORMATION 9.1 Your organisation acknowledges that WSCC is subject to the requirements of the Freedom of Information Act 2000 ( FOIA ) and shall assist and co-operate with WSCC to enable WSCC to comply with these information disclosure requirements in relation to any request for information concerning the Grant or the Project. 9.2 WSCC shall be responsible for determining at its absolute discretion whether the information: is exempt from disclosure in accordance with the provisions of the FOIA; is to be disclosed in response to a request for information, and in no event shall your organisation respond directly to a request for information unless expressly authorised to do so by WSCC. 10 LIMITATION OF LIABILITY AND INSURANCE 10.1 WSCC accepts no liability for any consequences, whether direct or indirect, that may come about from your organisation carrying out the Project, the use of the Grant Funding or from withdrawal of the Grant Funding. Your organisation shall indemnify and hold harmless WSCC, 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 your organisation in relation to the Project, the non-fulfilment of obligations of your organisation under this Grant Acceptance Form or its obligations to third parties Subject to clause 10.1, WSCC s liability under this Grant Acceptance Form is limited to the payment of the Grant Funding Any liabilities arising at the end of the Project including any redundancy liabilities in relation to staff employed by your organisation to deliver the Project must be managed and paid for by your organisation using the Grant Funding or other resources of the organisation. There will be no additional funding available from WSCC for this purpose Your organisation shall effect and maintain with a reputable insurance company a policy or policies in respect of all risks which may be incurred by your organisation, arising out of your organisation s performance of this agreement or any agreement entered into in relation to the Project, including death or personal injury, loss of or damage to property or any other loss and shall upon request provide evidence of such insurances to WSCC. 11 ASSIGNMENT 11.1 Your organisation may not, without the prior written consent of WSCC, 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 Funding. 12 JOINT AND SEVERAL LIABILITY 12.1 Where your organisation is not a company or an incorporated entity with a distinct legal personality of its own, the individuals who enter into and sign this Grant Acceptance From on behalf of the organisation shall be jointly and severally liable for the Organisation's obligations and liabilities arising under this Grant Acceptance Form. 13 STATE AID DECLARATION 13.1 Declaration - I declare that the amount of De Minimis aid received by the business/organisation over the last three fiscal years is: 2011/ / /14 TOTAL.. I confirm that the Grant Funding to be awarded under this Grant Acceptance Form does not breach the 200,000 ceiling when combined with other de minimis aid my business/organisation has received over a three year fiscal period. 4

5 14. YOUR DETAILS 14.1 Please provide all information requested below, including signature. Organisation Name: ORGANISATION DETAILS Name of Chief Executive Officer (or equivalent): Contact Name for the Project: Address: Telephone Number: Company, charity, IPS or CIC number (please state clearly which number you have provided): Bank Name and Address: Sort Code: Name of Account: Account Number: BANK DETAILS On behalf of [INSERT FULL COMPANY/CHARITY NAME] I accept all the terms and conditions in this Grant Acceptance Form and I confirm that we have answered all of the questions in this Grant Acceptance Form and the Application accurately and truthfully. Signature: Print Name and Position: Date: Contact Details: The person who signs this Grant Acceptance Form should be an authorised signatory of the organisation, with authority to enter into Grant Funding Agreements on behalf of the organisation. For example, if the organisation is a company a Company Director will be an authorised signatory and should sign this Grant Acceptance Form on behalf of the Company. Signed on behalf of WSCC: Signature: Print Name and Position: Date: Once the Grant Acceptance Form has been signed by both parties, either a hard copy or an electronic scanned copy will be provided to your organisation for its records. 5

6 APPLICATION [Insert Completed Application Form] 6