Brisbane History Grants Terms and Conditions | Brisbane City Council

Brisbane History Grants Terms and Conditions

Successful Applicants to the Brisbane History Grants program must comply with the following terms and conditions during the course of the Project:

  1. Funding
    • In consideration of receiving the Grant, the Applicant must perform the project in accordance with the terms set out in the notification of approval letter and these Conditions, unless otherwise agreed in writing by the Applicant and Brisbane City Council (Council).
  2. Purpose
    • The grant must not be used for any purpose other than that for which the Grant was approved (the 'Approved Purpose') without the prior written consent of Council.
  3. Payment
    • Subject to the following payment conditions, unapproved expenditure and any Special Conditions specified by Council in the Funding Agreement, the Grant will be paid in full following Council receiving a completed Funding Agreement.
      1. Should the actual total project costs be more than the proposed project costs, Council will not be responsible nor obliged to pay any monies additional to the notified Grant amount.
      2. Should the actual total project costs be less than the proposed project costs, the Applicant must repay the difference to Council at the time of fully acquitting the Grant.
      3. By accepting any payment (whether whole or in part) of the Grant monies from Council, the Applicant will be deemed to have accepted indemnity and completion and any Special Conditions.
      4. Subject to completion and any Special Conditions specified in the notification of approval letter, Council may withhold payment of the Grant in whole or in part until such time as the Applicant has performed the obligation to which the payment relates.
      5. The Applicant will not assign, in whole or in part, their benefits under this Grant without the prior written consent of Council.
  4. Indemnity
    • The Applicant agrees to indemnify Council in relation to any loss or expense incurred by Council arising from the breach by the Applicant of its obligations or warranties given in relation to this Grant and the project.
  5. Assignment
    • The Applicant must not assign, in whole or in part, the benefits under the Funding Agreement, including the Grant without the prior written consent of Council.
  6. Completion
    • Unless there are Special Conditions specified by Council, the Applicant must fully acquit the Grant received from Council no later than within 12 months from the date of notification of approval letter
  7. Unapproved Expenditure
    • If the Applicant expends the Grant monies for a purpose different to the approved purpose without the prior written consent of Council, or fails to expend the Grant monies at all or fails to acquit the Grant within the time frame specified then:
      1. Council is not required to make any further payment to the Applicant and, in respect of any payments that have been made, the Applicant is required to repay the said monies to Council, otherwise Council may institute proceedings to recover the monies so paid, as a liquidated debt; and
      2. the Applicant will be prohibited from receiving any further Grants or other funding from Council or any related entity for a period of at least two years commencing from the date of receiving from Council written notification of future ineligibility (or until such time as may otherwise be agreed with Council).
  8. Acknowledgement
    • The Applicant must acknowledge Council's contribution to the Project in all publicity relating to the Project by:
      1. Contacting the Office of the Lord Mayor
        • The Applicant must contact the Office of the Lord Mayor regarding the Lord Mayor's potential involvement with the Project at least three months prior to the Project's launch date. The Applicant is responsible for contacting the Office of the Lord Mayor at lordmayor@brisbane.qld.gov.au. Confirmation that this has occurred must be provided within the online Notification Form.
      2. Logo appearance in promotional materials
        • Council's corporate logo must appear prominently in all promotional and publicity activity, marketing material and publications associated with or relating to the Project. The Applicant must display Council's corporate logo in the form supplied by Council with the text "Proudly supported by" appearing above it in a sans serif font similar to the Microsoft Word font "Arial".

          Council will provide the Applicant with electronic logo files for this purpose after it has submitted a Request for Right To Use Brisbane City Council Logo form with details of use. The Applicant must complete a Brisbane City Council logo request form. Confirmation that this has occurred needs to be provided within the online Notification Form.

          The Applicant must provide Council with copies of all draft marketing material and publications associated with or relating to the Project prior to production or publication to ensure logo appearances are correct. Marketing material must be sent to Council's Corporate Communications team at corporatemarketing@brisbane.qld.gov.au for review. The Applicant should allow 48 hours for Council's review of the draft artwork. Council will email a response to the Applicant. Confirmation that Council's logo has appeared with Council approval must be provided within the online Notification Form.

          The Applicant must display Council's corporate logo at a minimum size of 20mm height and 36mm wide and no smaller in size and of no less visual significance than any other acknowledgement of similar assistance received for the Project.

      3. Acknowledgement in written project descriptions
        • The standard Council acknowledgement line is - "Proudly supported by Brisbane City Council". This acknowledgement line must appear as part of any written project description appearing in communication channels such as brochures, posters, programs, signage at events, all media releases and statements, television, radio and newspaper advertisements, speeches, websites, other digital applications (including all social media applications relating to the Project), newsletters, annual reports, promotional videos and letters to supporters, members and participants, etc.

          Where Council's grant provides the majority of funding, the acknowledgement should precede all other acknowledgements.

      4. Use of display signs and banners
        • Council display banners must be displayed prominently whenever possible at Project-related events such as performances, community events, launches, openings, stage areas, media events, etc. Council has a limited number of display banners in various formats that are available for loan for this purpose.

          The Applicant must complete a Brisbane City Council display material booking form. The Applicant is also responsible for pick-up and return of loan items to Level 19, Brisbane Square, 266 George Street, Brisbane 4000 and for taking reasonable care of the items while on loan. Confirmation that this has occurred needs to be provided within the online Notification Form.

          Evidence (including samples of photographic images) that these conditions of acknowledgement have been met during the course of the Applicant's funded project must be forwarded to Council as part of its acquittal documentation.

          The Applicant acknowledges and agrees that it must supply a copy of all promotional materials and publications relating to the Project to Council as part of the Acquittal Form. Failure to abide by this Condition may affect future decisions by Council.

  9. Notification
    • The Applicant must prepare and submit online to Council in the SmartyGrants system the form titled Notification Form together with the documentation referred to in that Form at the six-month mark of the project from the date Council provides the Applicant with this Funding Agreement. This includes providing a Notification Form which includes:
      • Confirmation of the Project's launch or delivery detailing start and end dates, start and finish times, the Project location/address, and an updated Project description and photographic images to assist Council in marketing your event;
      • Confirmation the Applicant has contacted the Office of the Lord Mayor regarding the Lord Mayor's potential involvement;
      • Confirmation the Applicant has met all Acknowledgement conditions, providing confirmation responses from Council's Corporate Communications team regarding Logo appearance in promotional materials, final promotional materials approved and display banners booking and appearance; and
      • If, in Council's opinion, either the form or the content is not adequate for Council's purposes, or does not contain the required confirmation material, Council may require the Applicant to resubmit a revised Notification Form satisfactory to Council within five days of written notice to the Applicant.
  10. Acquittal
    • In order to satisfactorily acquit the Grant, the Applicant must, at their own cost in all things, prepare and submit online to Council in the SmartyGrants system an Acquittal Form within 12 months from the date Council provides the Applicant with this Funding Agreement. This includes providing an Acquittal Form which includes:
      • a Financial report detailing the expenditure associated with the Project, the Grant monies and the Applicant's own contributions including documentation substantiating all expenditure incurred;
      • an Evaluation report demonstrating that the Project has contributed to the aims and objectives of the Brisbane History Grants program, the Approved Purpose, any Special Conditions and this Funding Agreement; and
      • If, in Council's opinion, either the form or the content of either expenditure or evaluation is not adequate for Council's purposes, Council may require the Applicant to submit a revised Outcome Report satisfactory to Council within thirty days of written notice to the Applicant.
  11. Audit Requirements
    • The Applicant will keep and maintain such records and accounts (including all receipts and invoices) in accordance with accounting principles generally applied in commercial practice and as required by law and as necessary to provide a complete, detailed record and explanation of:
      1. expenditure of the Grant monies for the Approved Purpose;
      2. other expenditure on the project (including any in-kind contributions); and
      3. implementation and progress of the project.
    • You must ensure that your accounts or audit report for the funded project are shown as a separate item to general business.

      Council reserves the right to appoint an auditor (whether its own internal auditors or independent auditors, at its sole discretion) to substantiate the implementation and progress of the project and any expenditure claimed by the Applicant. Strict action will be taken for any breaches found.

      The Applicant agrees to permit Council or the auditors, at reasonable times and with reasonable notice, to enter the Applicant's premises and inspect the audit records kept by the Applicant regarding the project and the Applicant will give to Council and the auditors all necessary facilities and assistance to enable them to conduct the audit. The Applicant must retain all records and account books in original form for at least thirty-six months following the due date for acquittal of the Grant.

  12. Insurance
    • The Applicant will keep and maintain adequate insurance (including but not limited to public and product liability of not less than $20 million on a year of occurrence basis and where required worker’s compensation insurance in accordance with Worker’s Compensation and Rehabilitation Act 2003, with a reputable insurer, in relation to the activities carried out by the Applicant including, in relation to this Project.
  13. Dispute
    • Any dispute arising out of the Grant and these Conditions will be dealt with initially by direct negotiation between the parties. If the dispute is not resolved within 10 business days, the parties will submit the dispute to mediation or some other form of dispute resolution procedure, and if not resolved within a reasonable period then either party may commence legal proceedings.
  14. Correspondence and Notices
    • All correspondence must be signed by the Applicant.
06 November 2018