This grant is made on <date> between
Organisation legal name (the Donor). Safe Haven – A Ray Of Hope
Registered Office: 59 Hadrian Road, Newcastle, NE4 9HN
Organisation legal name (the Grantee).
The overall aim of this project is to ……………………………. The main objectives we aim to achieve are:
- What, when, where, how……
- What, when, where, how……
- What, when, where, how……
Delivery of Charitable Activities
The Programme Plan is at Schedule X.
Specify quality, quantity and timescale, insofar as reasonably possible. Where possible, the deliverables should be matched to the budget amounts.
Reporting & Monitoring
Specifics of when reports to be received, specific delivery, financial and other data required, such as delays/problems and action in hand to remedy, with timescale and expected outcome, lessons learned.
Access to sites, projects, finance records etc, if required. Any notice period to be given.
Schedule of payments against deliverables – quality, quantity, timetable.
Funding may be by staged payments, subject to receipt of adequate financial and project reporting against the specified deliverables (quality, quality and timescale), with any deviations explained, together with details of the action being taken to address any shortfalls in delivery. Percentage of the final grant payment will normally be withheld, pending satisfactory receipt of the final project and financial reports.
Funding may be delayed, withheld or subject to claw back, at the sole discretion of the trustees, in the event of any failure to meet project deliverables and timescales, and/or comply with the agreement.
The grant, budget and reports will be in British pounds. The charity will meet the cost of bank transfer, but not any loss on currency exchange or additional taxes. Any conversions are to be made at the OANDA rate at the time.
Any systems of internal control, such as set-up and access to banking, cash security etc.
Funding will normally be transferred only using registered money transfer systems, to a bank account in the name of the organisation, with a recognised bank.
Funding transfer methods will be subject to checking in accordance with Charity Commission guidelines.
Financial Record Keeping/Audit
Requirements to keep specific records and details of formats, data to be recorded etc. For example, cash accounting, no netting off of transactions.
Requirements to retain original receipts, paid invoices etc for audit.
Submission of independently audited accounts and auditors report, within given timescale.
Financial reporting to be expenditure against budget line items, with explanations for any variances. Clarity on what is being reported and how. For example, capital (set-up) cost and project running costs, and total cost of project and grant contribution to project. To include exchange rate used in converting local currency to £ UK.
Funding to be used only for agreed project activities, except for any agreed overheads specifically included in agreement.
Anything for which funding may not be used, such as bribes, facilitation fees or similar, payments to related parties, such as family members or business associates.
Basis on which agreement may be terminated, some options:
- Notice period.
- Declared bankrupt, voluntary arrangement, administrative receiver, receiver or liquidator is appointed;
- Unable or unlikely to perform the services and … considers it unlikely that the services will be completed within the due time and/or a reasonable standard;
- Commit fraud or any serious or repeated breach or non-observance of any of the provisions of this agreement or refuse or neglect to comply with any reasonable and lawful directions of …..
- Guilty of conduct prejudicial to …. or is likely to bring into disrepute;
- Fails or refuses after written warning to provide the services reasonably and properly required.
Action that may be taken on breach of the agreement, such as
- to rescind the grant agreement; or
- to refuse to accept the provision of any further services and to require the immediate repayment of some/all sums previously paid
- to require ….., without charge to ……, to carry out such additional work as is necessary to correct ………… failure.
Compliance with the requirements in our grant making policy is a condition of this agreement.
Add any additional regulatory permissions, licenses or approvals required for the project and any professional and/or trade body membership, including registration/membership numbers. Compliance with the law, taxation, etc.
If working with children, or vulnerable adults, partner organisations are required to have their own safeguarding procedures that must, as a minimum, meet the standards in our safeguarding policy, and include any additional legal or regulatory requirements specific to their work. In the event of a safeguarding breach, this is to be reported to the charity, including what action has been taken to prevent any further breaches.
The grantee will ensure that the provisions of the UK Data Protection Act are fully complied with. This includes, but is not limited to, obtaining appropriate consent to hold the data, ensuring that the data is only held where there is a legitimate business reason to do so, it is held securely, access is restricted to those who need to have it, is disclosed when the organisation is obligated to do so and retained only for as long as it is required.
For organisations outside of the UK, this includes the provisions on transfer of data internationally and is in addition to compliance with the grantee’s own country’s data protection legislation.
Requirements most commonly include minimum of 3 quotations for purchases in excess of £x.
Others might be meeting certain specific safety/technical requirements, supplier selection (good reputation and track record, financially sound), retention of original quotations documents for audit and documenting the procurement procedures followed.
Use of brand, compliance with brand guidelines – Schedule X. Any sign off required on publication, attribution etc and will ensure recognition in any communications relating to project.
Information that is to be disclosed by grantee during the grant agreement period, including any timescale; immediately, with 48 hours, in next report. Examples:
- Any suspected or actual financial mismanagement, abuse of beneficiaries, halt or disruption to the project.
- Any breaches in safeguarding procedures.
- Grantee directors, senior management subject to regulatory censure, criminal or civil court action (other than trivial offences).
- Any other serious issue that grantor might reasonably wish to be notified of.
If work may be sub delegated to others. Include requirement for headings in this agreement to cascade down and be complied with by sub-contractor – safeguarding, anti-bribery etc. Responsibility for delivering programme to remain wholly with grantee.
No failure or delay by the donor to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Grant agreement and the requirements in the grant making policy constitute the entire agreement. If any other documents that form part of this, refer to these. For example, a budget or policy.
No variation of this agreement [or of any of the documents referred to in it] shall be valid unless it is in writing and signed by or on behalf of each of the parties.
All payments are made entirely at the discretion of the donor, who will not assume liability for any claims for damages arising out of this grant.
The Grantee undertakes to indemnify and hold the donor harmless from all claims and all direct or consequential liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid, as a result of or in connection with the provision of the charitable activities performed.
Third Party Rights
Except as expressly provided, a person who is not a party to this grant shall not have any rights under the Contracts (Rights of Third Parties) Act 1999, or any similar provisions of law in any jurisdiction, to enforce any term of these terms and conditions. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.
Governing Law and Jurisdiction
This grant and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
The parties irrevocably agree that the courts of England and Wales shall have [exclusive or non-exclusive] jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
|Signed on behalf of and for:
||Safe Haven – A Ray Of Hope
|Signed on behalf of and for:
- Programme Schedule and timetable.