Creative Sparks Program Terms and Conditions | Brisbane City Council

Creative Sparks Program Terms and Conditions

The Creative Sparks Grants Program is an arts and cultural grants program managed by the Brisbane City Council in partnership with the Queensland Government through Arts Queensland. 

These terms and conditions must be complied with during the course of your grant:

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.

(i) 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.

(ii) 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.

(iii) By accepting any payment (whether in 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.

(iv) 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.

(v) 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. 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.

6. 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:

(i) 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

(ii) 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).

7. Acknowledgement

The Applicant will acknowledge Brisbane City Council and the Queensland Government's contribution to the project.

You must acknowledge the Queensland Government and Brisbane City Council funding in all publicity relating to funded activities through:

(i) Use of the following acknowledgement statement

"The Creative Sparks Fund is a partnership between the Queensland Government and Brisbane City Council to support local arts and culture in Brisbane."

This includes all promotional materials such as brochures, posters, conference programs, performance programs and invitations, signage at events, all media releases, television, radio and newspaper advertisements, speeches, websites/blogs, newsletters, annual reports and promotional videos. Where Creative Sparks provides the majority of funding, the acknowledgement should precede all other acknowledgements.

(ii) Use of the Queensland Government crest and Brisbane City Council logos:

Logos 

Organisations or individuals receiving funding from the Creative Sparks Grants Program are required to place the Queensland Government crest and Council logo in a prominent position on all material associated with the activity. On websites, a link should be placed to the home page of the Arts Queensland and Brisbane City Council websites.

Council’s corporate logo must appear prominently in all promotional and publicity activity, material and publications relating to the project with the text Proudly supported by appearing above the logo in a sans serif font similar to the MSWord font Arial.

Council will provide the Applicant with electronic logo files once a Logo Request Form with details of use has been submitted. Email corporate.marketing@brisbane.qld.gov.au for a copy of the Logo Request Form and logo use details. Council also requires review of final artwork prior to production to ensure logo appearances are correct.

The logos must be no smaller in size and of no less visual significance than any other acknowledgement of assistance received for the project or funded outcome.

Please note that you must supply a copy of all promotional materials and publications in acquitting your funding to Council. Failure to abide may affect future funding decisions.

8. Acquittal

In order to satisfactorily acquit the Grant, the Applicant will, at their own cost in all things, prepare and submit online to Council an Acquittal Report within 12 months from the notification date of success of the application. This includes providing:

(i) expenditure associated with the project, the Grant monies and the Applicant’s own contributions by the stated due date for completion of the project and will include documentation substantiating all expenditure incurred; and an

(ii) evaluation that demonstrates whether the project has contributed to the aims and objectives of the Grants Program and the approved purpose (including addressing any additional criteria or special conditions advised by Council at the time of notification of approval letter) by the stated due date for completion of the project, and

(iii) at least three to five good quality 300dpi photos of the project in .jpg format

All reports and accompanying support material and attachments must be submitted online. If either the form or the content of either the financial or the evaluation report is not adequate for Council’s purposes, Council may require the Applicant to submit a revised Acquittal Report satisfactory to Council within thirty days of written notice to the Applicant.

9. 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:

(i) expenditure of the Grant monies for the Approved Purpose;

(ii) other expenditure on the project (including any in-kind contributions); and

(iii) 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 and 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.

10. Insurance

The Applicant will keep and maintain adequate insurance (including public liability), with a reputable insurer, in relation to the activities carried out by the Applicant including, in relation to this project, against any claims for loss or damage to property and injury or death to persons. 

11. 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.

12. Correspondence

All correspondence must be signed by the Applicant or Executive Committee member.

13. Intellectual property rights

Arts Queensland and Council acknowledges and agrees that all Intellectual Property Rights in works created by an Applicant will remain with the Applicant.

The Applicant as the Grant recipient:

(i) agrees to grant, and does so grant, an irrevocable, non-exclusive, non-transferable, royalty free licence in favour of the Queensland Government and of Brisbane City Council to use, reproduce and adapt the Intellectual Property Rights in the project works created by the Applicant for the purposes of publicising the Grants Program and/or promoting arts and cultural development in Queensland. The Applicant agrees to do all things and execute all documents necessary to give effect to and perfect the granting of the licence herein referred to; and

(ii) warrants and represents that:

(a) the project works and Arts Queensland's and/or Council’s use or other dealings with the project works does not infringe the Intellectual Property Rights or Moral Rights of any person; and
(b) the Applicant has the right to assign and grant the rights.

08 November 2017