Terms and Conditions

Grant recipients will be expected to operate in accordance with the following terms and conditions for acceptance of funding and any further conditions which may from time to time be published.

These terms and conditions apply to the Commissioner’s Community Safety Fund, Reducing Reoffending Fund and Children and Young People Fund:

1. Conditions of the Grant

• The recipient will ensure that the Grant awarded is spent for the purpose of delivering the project as outlined in the application agreement.
• The recipient must not use the grant for any activities other than those specified in clause 1.1 of this agreement (including transferring funds between different successful projects) without prior approval in writing by the OPCC.
• The recipient must ensure that the availability and contact details of services provided or commissioned are widely publicised in a variety of media and locations.
• Any services and/or arrangements put in place by the recipient must comply with requirements under the General Data Protection Regulations (GDPR) when dealing with personal data and sensitive personal data.
• When transferring any data to the OPCC, organisations must be mindful of GDPR, ensuring that service users are not identifiable.

2. Lawful conduct, equal opportunities, use of volunteers, safeguarding and activities funded by the Grant

• If relevant, those people working with children and/or vulnerable adults must have the appropriate checks (i.e. Disclosure and Barring Service (DBS)) If your application is successful, evidence of these checks will be required prior to the funding being released.
• If relevant , those people working with vulnerable adults must comply with the Surrey Safeguarding Adults Board (“SSAB”) Multi Agency Procedures, information, guidance or equivalent.
• If relevant, those people working with children must comply with the most current Surrey Safeguarding Children Partnership (SSCP) Multi Agency Procedures, information, guidance and equivalent. These procedures reflect developments in legislation, policy and practice relating to safeguarding children in line with Working Together to Safeguarding Children (2015)
• Ensuring compliance with Section 11 of the Children Act 2004 which places duties on a range of organisations and individuals to ensure their functions are discharged having regard to the need to safeguard and promote the welfare of children. Compliance includes the requirement to meet standards in the following areas:
  
  – Ensuring robust recruitment and vetting procedures are in place
  – Ensuring training that meets the standards and objectives of the SSCB training pathways is available to staff and that all staff are trained appropriately for their role.
  – Ensuring supervision to staff that support effective safeguarding
  -Ensuring compliance with SSCB multi-agency information sharing policy, information recording systems that support effective safeguarding and provision of safeguarding data to the SSCB, practitioners and commissioners as appropriate.

• The Service Provider shall become a signatory and comply with the Surrey Multi-Agency Information Sharing Protocol
• In respect of the activities supported by the Community Safety Fund Grant, the recipient will ensure that there is no discrimination on the grounds of race, colour, ethnic or national origin, disability, age, gender, sexuality, marital status, or any religious affiliation, where any of these cannot be shown to be a requirement of the job, office or service in respect of employment, provision of services and the involvement of volunteers.
• No aspect of the activity funded by the OPCC must be party-political in intention, use, or presentation.
• The Grant must not be used to support or promote religious activity. This will not include inter-faith activity.

3. Financial Terms

• The Commissioner reserves the right to have un-used funding returned in line with Her Majesty’s Treasury Managing Public Money (MPM) rules if the project is not completed in line with the PCC’s expectation as outlined in monitoring arrangements (section 6.)
• The recipient shall account for the Grant on an accruals basis. This requires the cost of goods or services to be recognised when the goods or services are received, rather than when they are paid for.
• If any capital asset costing more than £1,000 is purchased with funds provided by the OPCC, the asset must not be sold or otherwise disposed of within five years of purchase without the OPCC’s written consent. The OPCC may require repayment of all or part of any proceeds of any disposal or sale.
• The recipient will maintain a register of any capital assets purchased with funds provided by the OPCC. This is register will record, as a minimum, (a) the date the item was purchased; (b) the price paid; and (c) the date of disposal (in due course).
• The recipient must not attempt to raise a mortgage or other charge on OPCC-funded assets without the prior approval of the OPCC.
• Where there is balance of funding unspent, this must be returned to the OPCC no later than 28 days following the conclusion of the grant period.
• A copy of the accounts (statement of income and expenditure) for the most recent financial year must be provided.

4. Evaluation

Upon request, you will be required to provide evidence of the outcomes of your project/initiative, reporting periodically throughout the life of the project and at its conclusion.

5. Breach of Grant Conditions

• If the recipient fails to comply with any of the conditions of the grant, or if any of the events mentioned in Clause 5.2 occur, then the OPCC may require all or any part of the Grant to be repaid. The recipient must repay any amount required to be repaid under this condition within 30 days of receiving the demand for repayment.
• The events referred to in Clause 5.1 are as follows:
  
  – The recipient purports to transfer or assign any rights, interests or obligations arising under this Grant Application without the agreement in advance of the OPCC
  
  – Any future information provided in relation to the Grant (or in a claim for payment) or in any subsequent supporting correspondence is found to be incorrect or incomplete to an extent which the OPCC considers to be material;
  
  – The recipient takes inadequate measures to investigate and resolve any reported irregularity.
• In the event that it becomes necessary to take steps to enforce the terms and conditions of the Grant, the OPCC will write to the recipient giving particulars of its concern or of any breach of a term or condition of the Grant.
• The recipient must within 30 days (or earlier, depending on the severity of the problem) address the OPCC’s concern or rectify the breach, and may consult the OPCC or agree with it an action plan for resolving the problem. If the OPCC is not satisfied with steps taken by the recipient to address its concern or rectify the breach, it may recover Grant funds already paid.
• On termination of the Grant for any reason, the recipient as soon as reasonably practicable, must return to the OPCC any assets or property or any unused funds (unless the OPCC gives its written consent to their retention) that are in its possession in connection with this Grant.

6. Publicity and Intellectual Property Rights

• The recipient must grant to the OPCC at no cost an irrevocable, royalty-free perpetual license to use and to sub-license the use of any material created by the recipient under the terms of this Grant for such purposes as the OPCC shall deem appropriate.
• The recipient must seek approval from the OPCC prior to using the OPCC’s logo when acknowledging the OPCC financial support of its work.
• Whenever publicity is sought by or about your project, the assistance of the OPCC is acknowledged and, where there is an opportunity for the OPCC to be represented at launches or related events, that this information is communicated to the OPCC as soon as possible.
• That the OPCC be given the opportunity to display its logo on all literature developed for use by the project and on any publicity documents.

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