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B&CE Charitable Trust Grant Terms and Conditions

  1. Award Conditions

1.1 B&CE’s Charitable Trust Occupational Health Research Award (the “Award”) is awarded by The Building & Civil Engineering Charitable Trust, (the ‘Charitable Trust’), registered charity number 1004732, as part of its general charitable objectives.

The Award will only be awarded for innovative projects specifically focusing on construction industry workers for the promotion of occupational health and safety initiatives (each being a ‘Project’).

1.2 The Award is awarded entirely at the discretion of the board of the Charitable Trust (the “Board”). The Board’s decision is final and no correspondence or appeals will be entered into regarding unsuccessful applications.

1.3 Applications for the Award will only be considered if:

(a) The organisation applying for the Award (the “Award Applicant”) is registered and based in the United Kingdom and the Project is carried out in the United Kingdom;

(b) Both the individual completing the Award application form and/or individual(s) responsible for running the Project act entirely on behalf of and with the authority of the Award Applicant;

(c) The Award Applicant is a non-profit making organisation and not a private sector organisation or an organisation funded by public monies.

2. The Application Process

2.1 All Award applications made in compliance with the Award conditions specified in Clause 1 above will be considered by the Board. The Board will not provide any feedback to unsuccessful Award Applicants unless it relates to their eligibility to apply.

2.2 Upon determination of an  Award, the Head of the Charitable Trust shall notify the Award Applicant of the outcome of their application in accordance with clause 3.1. The Board shall not be obliged to provide any feedback to unsuccessful Award Applicants.

2.3 If, at any time following submission of an Award application form (including any time after an Award is granted), any change occurs in relation to:

(a) the Award Applicant;

(b) the individual(s) identified as acting on behalf of the Award Applicant, either in making the Award application or identified as being responsible for managing the Project or is engaged in delivering the Project;

(c) the Project, Project budget or intended Project start date or timescales including duration; or

(d) the Award Applicant’s financial standing;

such changes must be notified to the Board in writing as soon as reasonably possible and in advance of changes occurring.

2.4 Any changes that arise under clause 2.3 above must be agreed by the Board in writing before commencement of any changes.

2.5 The Board reserves the right to withdraw the Award application or terminate the Award application from the selection process or any Award if the Board is unable to agree to any such changes.

3. The Award, Reporting and Invoicing

3.1 Successful Award applicants will be sent a formal offer letter and a Media Consent form by way of an email attachment (“Occupational Health Research Award Offer”).

3.2 The Award will be confirmed subject to the Award Applicant’s confirmation of acceptance of these Terms and Conditions, by completing and returning the form provided with the Occupational Health Research Award Offer (“Occupational Health Research Award Acceptance Form”) and the Award Applicant’s bank account details.

3.3 Upon receipt of the Occupational Health Research Award Acceptance Form and bank account details, the Award Applicant will be regarded as a Award Holder for the purposes of these Terms and Conditions.

3.4 The Award will be paid on receipt of the Award Holder’s  Occupational Health Research Award Acceptance Form and bank account details which must be advised on company letter headed paper.

3.5 Unless otherwise agreed, any Project for which an Award is granted from the Charitable Trust must commence within six (6) months of the Occupational Health Research Award Offer.

3.6 Unless agreed otherwise, the Award Holder must submit to the Board an interim report using the template issued from the Charitable Trust to provide detailed information requested, including, but not limited to, details of all expenditure to date and supporting third party invoices where applicable (“Project Report”).

4. Award Termination or Withholding

4.1 An Award may be withheld or terminated at any time by the Board, or additional conditions imposed by the Charitable Trust at any time in the event that:

(a) the Project does not commence or proceed in the manner or in accordance with the timescales or budget specified in the Award Holder’s Award application form and accompanying documents;

(b) any of the information provided by or on behalf of the Award Holder to the Board, whether during the Award application process or the delivery of the Project, is or has been, in the Board’s opinion, unsatisfactory;

(c) satisfactory Project Reports are not provided by the Award Holder to the Board by the due dates, on the templates provided, or with the necessary detail required in accordance with Clause 3.6;

(d) outcomes are not achieved, being achieved or, in the Board’s entire discretion, are not likely to be achieved;

(e) any conditions of the Award specified in these Terms and Conditions, (or in any other documents such as the Occupational Health Research Award Offer), are no longer satisfied by the Award Holder or the Project to which the Award relates.

5. Project-related Expenditure

5.1 An Award will only be granted and may only be used by the Award Holder to fund, entirely at the Board’s discretion, the following types of expenditure relating to a Project and as a minimum requirement being subject to the following conditions:

(a) equipment, provided that:

(i) it is to be used for the purposes of the Project for the lifetime of the Project; and
(ii) the value of such equipment constitutes no more than the lesser of either 50% of the Award applied for in relation to the Project as a whole, or £3,000

(b) travel costs only to the extent they are solely attributable to and necessary for the purposes of the Project;

(c) contributions to staff salaries or consultant fees only to the extent that:

(i) the individuals identified are directly engaged in the delivery of the Project;
(ii) a breakdown of fees is clearly detailed in the budget in the Award application form; and
(iii) such costs remain fixed without provision being made for any additional pay or fee increases during the performance of the Project;
(iv) no Award shall be given towards Award Holder overheads or management fees;

(d) VAT charges for all costs are included in the Award application.

6. Project Performance

6.1 For the duration of any Project and any Award, the Award Holder shall remain responsible and liable at all times for the proper and compliant performance of the Project.

6.2 The Award Holder warrants that all employees, consultants, agents, subcontractors, volunteers or other individuals engaged in performing or taking part in the Project (“Project Personnel”) are appropriately qualified, experienced and insured for the activities engaged in as part of the Project.

6.3 The Award Holder warrants to the Board that it shall ensure that all Project Personnel shall:

(a) deliver the Project using reasonable care and skill and in accordance with generally recognised commercial practices and standards;

(b) deliver the Project in conformity with all descriptions, timetables, budgets and specifications provided to the Board by the Award Holder; and

(c) the Project will be operated and performed in accordance with all applicable legislation from time to time in force, including in compliance with any necessary consents, licences or approvals.

6.4 If the Project involves activities which constitute Regulated Activity (as defined in the Safeguarding Vulnerable Groups Act 2006 and as amended by the Protection of Freedoms Act 2012), the Award Holder warrants that at all times it has no reason to believe that any Project Personnel who are or will be employed or engaged by the Award Holder in the provision of the Project is barred from the activity and the Award Holder shall:

(a) ensure that all Project Personnel engaged in such Regulated Activity are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service;

(b) monitor the level and validity of the checks under this Clause 6.4 for each of the Project Personnel so engaged;

(c) not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that the individual would not be suitable to carry out Regulated Activity or who may otherwise present a risk to individuals involved in the Project;

(d) immediately notify the Board of any information that it reasonably requests to enable it to be satisfied that the obligations of this Clause 6.4 have been met.

7. Data Protection and Processing

7.1 For the purpose of this Clause 7:

7.1.1 “Data Protection Legislation” means all laws, regulations, legislative and regulatory requirements and codes of practice applicable to the Processing of Personal Data including the (a) Data Protection Act 2018 and any associated regulations or instruments (the “DPA”), and (b)  the General Data Protection Regulation, Regulation (EU) 2016/679, as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the laws of the United Kingdom or of a part of the United Kingdom from time to time);

7.1.2 “Personal Data” means any personal data that is processed under these Terms and Conditions; and

7.1.3 the terms “controller”“personal data” and “processing” shall all have the meanings given to those terms under applicable Data Protection Legislation.

7.2 The Board and Award Applicant will each be a controller in respect of the Personal Data, shall independently determine the purposes and means of any processing and shall observe all applicable requirements of Data Protection Legislation in relation to its processing of the Personal Data.

7.3 The Board shall process Personal Data obtained from the Award Applicant in accordance with its privacy policy. For more information on the Boards’ collection, use, disclosure, retention and protection of personal data, please visit the B&CE Privacy Policy.

8. Branding

8.1 All publications, media coverage or social media engagement in relation to the Project must:

(a) only be created and used, subject to the Board’s prior approval and provision to the Board of duplicate copies, and in accordance with the Charitable Trust’s Communications Guidelines (a copy of which will be provided to the Award Holder with the Occupational Health Research Award Offer); and

(b) include acknowledgement of the Charitable Trust’s funding with wording agreed with the Board prior to use.

8.2 The Award Holder must:

(a) complete their Media Consent form so that the Charitable Trust is able to promote the Award Holder.

(b) notify the Board in advance of any photo opportunities, key dates, events or publication opportunities in relation to the Project;

(c) participate in or contribute to such publications, media coverage or social media engagement as the Board reasonably requests from time to time.

9. Limitations of Liability and Indemnity

9.1 Without prejudice to its rights to terminate or withhold the Award (or any part of it) under these Terms and Conditions, the Charitable Trust’s liability shall be limited in any event and in totality to the total sum of the Award as stipulated in the Occupational Health Research Award Offer.

9.2 The Board shall have no liability for the performance or lack of performance of the Project, any outcomes of the Project or any liabilities arising as a result of the Project.

9.3 The Award Holder shall at all times remain liable for all acts and/or omissions of any Project Personnel as if they were the acts and/or omissions of the Award Holder itself.

9.4 The Award Holder agrees to indemnify and keep indemnified the Board against any and all claims, damages, losses (including without limitation any direct or indirect consequential losses or loss of reputation or goodwill), demands, expenses, fines, judgments, penalties and proceedings and any other losses and/or liabilities (including without limitation legal costs on a full indemnity basis) suffered and/or incurred by the Board and arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by the Award Holder.

10. General

10.1 The Award is specifically made to the Award Holder and the Award Holder shall not assign, charge, subcontract or otherwise attempt to transfer or deal in its interest in the Award or the Terms governing it without the prior written consent of the Board.

10.2 A failure or delay by the Charitable Trust to exercise any right or remedy under these Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.

10.3 None of these Terms and Conditions shall be enforceable by any person who is not a party to them.

10.4 These Terms and Conditions shall be governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.