Creative Lighting Grant Scheme - terms and conditions | Brisbane City Council

Creative Lighting Grant Scheme - terms and conditions

These terms and conditions, the completed Creative Lighting Grant Application and the formal contract will govern and form part of any Creative Lighting Grant you may receive.

Purpose

Brisbane City Council's City of Lights Initiative sets out to deliver and encourage creative lighting to highlight our city at night. The City of Lights Strategy is a guide to direct both Council and privately delivered creative outcomes in streets, on buildings, transport structures, landmarks and natural assets to build a vibrant, exciting multi-dimensional 24-hour city.

As part of that initiative, the Creative Lighting Grant ("Grant") will assist in funding and producing 'decorative lighting outcomes' as part of the City of Lights Strategy 2017, in response to three themes:

  1. Lighting for Occasion
  2. Lighting for Identity
  3. Lighting for Discovery

Eligibility

  1. The applicant must be the owner of the property ("Site"), or have the written approval of the property owner to lodge the application;
  2. The Site may be a building, structure, facade or natural assets including "protected" vegetation on public and private property. An applicant proposing the undertake work on privately owned trees will be required to confirm that the free is not a protected asset. If the tree is a protected asset, the applicant will need to seek advice from Council as to whether a permit to undertake the work is required, and it is the responsibility of the applicant to obtain any permits. Works on trees on publicly owned land will require a permit.
  3. Applications for properties located within the map zones identified in the City of Lights Strategy 2017 will be considered more favourably than properties outside these areas.
  4. The following types of projects are not eligible for a Grant:
    1. lighting projects costing less than $5000 (excluding GST) in total;
    2. routine maintenance work to existing lighting;
    3. lighting for public safety and/or crime prevention;
    4. lighting for compliance with building codes/standards;
    5. lighting non-significant parts of a building (e.g. outcome not viewable from a public place); and 
    6. any other outcome not aligning with Council's City of Lights Strategy 2017.

Assessment

In addition to the eligibility criteria, an application will be assessed against the following criteria:

Criteria Outcome
Relationship to City of Lights Strategy Proposal aligns with one or more of the three general objectives; Lighting for Identity; Lighting for Occasion; Lighting for Discovery.
Artistic Merit Does the proposal appropriately showcase the character and features of the existing building or property feature; or, is the lighting outcome a feature in its own right?
Technology Does the proposed lighting technology allow for flexible adaptation of the installation to complement city events and occasions?
Methodology The lighting, including its supporting structure, fixing devices and services do not detract from the appearance of the building/property feature.

Funding

Grants may be allocated up to a maximum of $75,000 but not exceeding 50% of the project cost.

As funding is limited, not every eligible application will necessarily receive a grant or the maximum grant requested.

Application process

Applications can only be submitted following preliminary discussion with Council's Urban Design Section.

Applications must include plans, drawings and montages, as required, to clearly depict the proposed Works, and a minimum of two written quotes clearly specifying the scope of the work being undertaken. In special circumstances, consideration may be given to an Applicant providing only one quote.

Applications may be submitted at any time from 1 July until 30 June for each financial year. Eligible applications will be registered with Council ("Registered Grant"). Upon receipt of confirmation from Council of the Registered Grant, approval of the Registered Grant and entry into a formal contract, the Applicant may commence work on the lighting installation ("Works").

The Works must be completed within 12 months of the Registration of the Grant ("Expiration Date").

Please note: If the Works are not completed by the Expiration Date, the contract will come to an end and the Registered Grant will be cancelled.

If the Works are unable to be completed by the Expiration Date, the Applicant must at least fourteen (14) days prior to the Expiration Date submit a written request for extension to the Registered Grant, explaining the reasons for the delay and providing a new completion date for the Works.

It is at Council's absolute discretion whether or not it considers or agrees to an extension.

Allocation and payment

The Grant will be paid by way of reimbursement, and payment will be subject to:

  1. a representative from Council's Urban Design Section inspecting the site and confirming that the Works have been completed in compliance with:
    1. the Registered Grant terms;
    2. the Creative Lighting Grant Application Conditions;
    3. certified design documentation (such as plans, drawings and specifications);
    4. other relevant approvals; and
    5. all "as installed" technical documentation has been finalised and certified by registered professional of the specific discipline.
  2. the Works being completed by the Expiry Date; and
  3. The Applicant notifying Council's Urban Design Section when the Works have been completed, and providing:
    1. original invoices of costs (including GST);
    2. original proof of payment (such as receipts); and
    3. a tax invoice.

If no money is available in the current financial year, Registered Grants may be considered for allocation and payment in the following financial year.

Terms and conditions

  1. The Applicant agrees:
    1. to perform the project in accordance with the terms set out in the Application and these Conditions, unless otherwise agreed in writing by the Applicant and Council;
    2. that, prior to starting any Works, the subject of the Registered Grant, the Applicant will obtain all approvals, authorisations, permits (including any permit under Council's Natural Assets Local Law 2003 (NALL) and consents required by statute, regulation or local laws in respect of the proposed project;
    3. to display the signage provided by Council (acknowledging Council's Grant contribution) on the subject Site for the duration of one month after the Registered Grant has been paid, and ensure it is visible from the locations as originally proposed in the Grant application documentation;
    4. to grant a representative from Council's Urban Design Section access to the Site to inspect the Works after they have been completed;
    5. that should the cost of the Works exceed the budget, Council is not liable nor obliged to pay any monies in addition to approved Registered Grant
    6. that in the event the actual cost of the Works is less than the estimated cost of the Registered Grant, Council's payment will correspondingly be reduced to fifty (50) percent of the actual cost;
    7. that the Applicant is liable for all variations, costs of the Works;
    8. that the Works shall be completed to a professional and workmanlike standard and in accordance with all professionally certified designs and technical specifications to applicable legislative requirements and Australian Standards;
    9. to ensure that the lighting for the project is LED (Light Emitting Diode) technology;
    10. to ensure that the lighting for the Works does not cause an environmental nuisance (Applicants may be required to demonstrate through an appropriately qualified lighting designer that the lighting will not cause an environmental nuisance or distract drivers) including but not limited to:
      1. current and future versions of the Australian Standard AS4282 Control of the obtrusive effects of outdoor lighting". Assessment of glare to drivers (threshold increment) and residents (illuminance and luminous intensity);
      2. Brisbane City Council's Advertisements Local Law 2013, and Advertisements Subordinate Local Law 2005, for brightness of internally and externally illuminated surfaces (use limits for City Centre) and flashing rates;
      3. does not adversely impact on road lighting compliance; and
      4. lighting does not adversely impact on Public Lighting for vehicular and pedestrian use.
    11. to use its best endeavours to display the lighting for a minimum of 4 nights per week (preferably Thursday, Friday, Saturday and Sunday) for a minimum of 5 years;
    12. not to assign, in whole or in part, their benefits under the Registered Grant without the prior written consent of Council;
    13. to be responsible and liable for maintenance, safety and operation of the installed lighting and to indemnify Council for any damages that may arise from the operation of these installations;
    14. to indemnify Council in relation to any loss or expense incurred or sustained by Council arising from the Applicant's breach of any of its obligations under these Conditions; and
    15. that any inspection, acceptance or direction given by a Council staff member in relation to or in connection with the Works, does not:
      1. derogate from or lessen the Applicant's responsibility and liability to comply with its obligations in respect of the standard of design and work carried out on the subject Site:
      2. constitute acceptance by Council of any liability or any act which will lessen the Applicant's liability; or
      3. constitute, either a waiver of the Applicant's obligations under these Conditions, contract or certification that the Applicant has properly fulfilled its obligations or operate as any other form of estoppels or restriction of Council's rights pursuant to these Conditions, at law or in equity.
  2. Inspection
    1. A representative from Council's Urban Design Section will make at least one site inspection to ensure that the Works outcome has been carried out to a satisfactory standard before the Registered Grant is paid.
  3. Acquittal of Creative Lighting Grant
    1. If the Works, the subject of the Registered Grant, are not completed within the financial year in which the Grant was registered, Council will permit the Registered Grant to be carried over to the following financial year up to 12 months from Registration ("the Expiry Date") subject to funding availability in the financial year. If the Works are not completed by the Expiry Date, the Registered Grant application will be cancelled.
  4. Audit Requirements
    1. The Applicant will keep and maintain adequate records and accounts (including all invoices and receipts) in relation to Registered Grant expenditure, the project generally and the implementation and progress of the project.
    2. Council reserves the right to appoint an auditor to substantiate the implementation of the Works and any Registered Grant payment claims.
    3. The Applicant:
      1. agrees to permit Council and its auditors, at agreed times and with reasonable notice, to inspect and audit records kept by the Applicant regarding the Registered Grant;
      2. will give to Council and its auditors all necessary facilities and assistance to enable them to conduct the audit; and
      3. must retain all records and accounts in original form for at least 36 months following the date for acquittal of the Registered Grant.
  5. No fetter of Council's Discretion
    1. Council, in its role as local authority is not obliged to consent to anything to which it would be unlawful to consent, or which relevant officers of Council consider in their discretion to be unlawful, inappropriate or undesirable.
    2. To avoid doubt, nothing contained in these Conditions will affect, prejudice or derogate from the requirements of any statute, proclamation, Order in Council, rule, regulation, ordinance, by-law or local law or from the rights, powers and authorities of Council under the provisions of any such enactment or under any declared policy of Council.
  6. Termination and Dispute resolution
    1. Council may refuse to allocate grant money to the Registered Grant immediately upon giving written notice to the Applicant if:
      1. the Applicant fails to observe or perform any of the obligations imposed pursuant to these Conditions;
      2. the Applicant assigns any of its rights or obligations or purports to assign, sub-contract or otherwise divest itself of any of its rights or obligations under these Conditions;
      3. the Applicant enters into any form of insolvency administration;
      4. the Applicant applies any or all of the Registered Grant money for any purpose other than the purpose for which it was allocated by Council;
      5. the Applicant abandons or refuses to proceed with the Works, the subject of the Registered Grant;
      6. the Works are not completed by the end of the acquittal period as provided for in clause 3 above.
    2. Council is of the reasonable opinion that:
      1. the Applicant has engaged in conduct that is detrimental or harmful (or has the potential to be so) to the good name, reputation or interest of Council; or
      2. the nature or management of the Works has changed such that it is detrimental or harmful (or has the potential to be so) to the good name, reputation or interest of Council.
    3. Council's refusal to pay the Registered Grant, (as result of the Applicant's breach of these conditions or the contract), shall be without prejudice to such other rights as Council may have or which may accrue against the Applicant. The Applicant acknowledges that the grant money is an ex gratia payment.
    4. Any dispute arising out of the Registered Grant or these Conditions will be dealt with initially by direct negotiation between the parties. If the dispute is not resolved within 10 business days, as a precondition to any legal proceedings, the parties will submit the dispute to mediation, or some other dispute resolution procedures as the parties may agree.
    5. In the case of any inconsistency, uncertainty or ambiguity between this contract and these Conditions, the written contract will prevail to the extent of such inconsistency, uncertainty or ambiguity.
  7. GST
    1. GST may apply to the Registered Grant depending upon the Applicant's GST registration status.
    2. If an Applicant is not GST-registered then GST does not apply to the Registered Grant funding.
    3. If the Applicant has no Australian Business Number (ABN) and is unable to provide a 'Statement by a Supplier' completed to the satisfaction of Council, then Council is required to withhold tax from the Applicant's allocated Registered Grant amount. The prescribed withholding rate is currently 49%. This rate is subject to change.
    4. Any tax withheld must be remitted to the Australian Taxation Office. A Statement by Supplier is an administrative form that provides the only valid choices for not quoting an ABN. It is available from the Australian Taxation Office website at www.ato.gov.au
    5. If an Applicant is GST-registered, then Council will 'gross-up' the Applicant's allocated Registered Grant amount by the rate of GST applicable at the time the grant was approved, provided at the time of payment the Applicant has provided Council with a valid tax invoice in relation to the Registered Grant. Council shall be the sole arbiter of whether the tax invoice provided is valid. Currently the rate of GST is 10%. This rate is subject to change.
    6. In detailing the Applicant's project, as is outlined in the Creative Lighting Grant application, costs, expenses, liability, damages or similar amounts shall include GST. However where the applicant is registered for GST the amount determined shall be less any amount for which the Applicant is, or would be, entitled to claim an Input Tax Credit under the GST Law.

More information

For more information, please contact the City of Lights Grants Officer in Council's Urban Design Unit by:

Find out more about the City of Lights project.

02 November 2018