GREEN CORNWALL COMMUNITY GRANTS FUND GUIDANCE NOTES
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GREEN CORNWALL COMMUNITY GRANTS FUND
GUIDANCE NOTES
The Green Cornwall programme is Cornwall Council’s overarching programme both to co-ordinate its own efforts to
reduce its carbon emissions and its wider leadership role within Cornwall.
The aim of the fund is to support communities to become more resilient, promote demand reduction and increase renewable energy
production.
Green Cornwall Community Grant Fund
• Grants of up to £10,000 are available for community building eco-upgrades, including energy saving measures, heating system
upgrades and/or renewable energy installations (Please note: the fund will only consider financing the installation of renewable energy
technologies should no other feasible funding route be available to the applicant).
• Grants are not offered retrospectively i.e. you must not begin the project before you have been awarded a Green Cornwall grant.
• The grants are intended to support capital costs only and not to be used towards the running costs of a project.
• The project must demonstrate a community need/value and have an educational aspect to the project.
• In-kind support can be used as match funding for the project such as volunteer time (Please note: that for renewable energy
applications, grant funding from the public sector will mean that you cannot claim the Feed-in-Tariff and/or Renewable Heat
Incentive).
• The project must also demonstrate how it will contribute towards one or more of the Green Cornwall programme’s goals. These are as
follows:
o Contributing towards cutting Cornwall’s greenhouse gas (GHG) emissions above national targets (34%) by 2020
o Supporting the increase in renewable energy production to meet the national 15% target of generation by 2020
o Providing leadership to promote non-transport related energy demand reduction of 10% by 2020
o A measurable transformation towards a low carbon economy
o Measurable community benefit (i.e. reduction fuel poverty levels)
Examples of measures/technologies that are eligible for funding include: heat systems/boiler upgrades, solar panels (both photovoltaic and
solar hot water panels)1, heat pumps (ground-, air-, water source), biomass boilers, micro-hydro.
Here are some examples of projects for community buildings:
• Gas/oil boiler replacement
• Radiator upgrades (including low surface temperature radiators or under floor hearting)
• Cavity or solid wall/loft insulation
• Energy efficient lighting installations
• Double/ secondary glazing
• Draft proofing measures
• Biomass boiler installation
What types of groups are eligible?
Any locally constituted and recognised ‘not for profit’ organisation which seeks to serve the people of Cornwall will qualify. For example:
• Parish or Town Councils
• Local action groups – young people, environmental, community associations, development trusts
• Religious groups where the project will bring wider community benefit
• Local disability or other minority groups or organisations
• Village or community hall associations or sport and recreation
• Nursery education groups excluding schools and colleges
• Sports and recreation facilities
• Social enterprises
• Other constituted/recognised ‘not for profit’ groups
1
Note: alternative funding routes may be more suitable (see CEP Solar Communities: http://www.cep.org.uk/solar-communities/)What do we mean by Community Value of an asset?
Community Value is defined as follows:
• The principle use of the asset currently, or in the recent past, has furthered the social wellbeing or cultural, recreational or sporting
interests of the local community and
• This use will continue to further the social wellbeing or interests of the local community
Where the asset does not currently demonstrate `community value’ (as above), it may still be nominated where it is possible to
demonstrate that the asset’s main use did further the social wellbeing or cultural, recreational or sporting interests of the local community
and where it is realistic to think that it will do so again in the next five years.
What’s not eligible?
• Retrospective funding to fill funding gaps not identified before project commencement
• Salary, routine administration costs and revenue funding
• Political or statutory activities
• Feasibility studies
• Exclusively religious activities (although faith groups may receive funding for community halls. In this case the application must
show that the project will bring wider community benefit and that the primary purpose of the activity is not religious).
• Projects which in the assessment of Cornwall Council show actual or potential unlawful discrimination within the terms of the
Equality Act 2010.
• Applications from residential properties. Individual commercial organisations or private buildings (e.g. pubs, village shops) will only
be considered if the project is supported by a large proportion of the community. Applications can only be submitted by the eligible
groups listed.
• Funding for national or regional projects.
• Land or property where community use is ancillary to its main purpose.
• The cost of the renewable technologies can not be covered when claiming the Feed-in-Tariffs (Fit) and/or Renewable Heat Incentive
(RHI).
• Measure to be installed on leased properties where the applicant (e.g. tenant) is unable to evidence long-term security of tenure.How does it work?
Applications can be made by completing the simple form available from the:
• Green Cornwall Team
• Cornwall Council website
• Relevant Community Network Manager or Community Regeneration Officer
Details for which can be found at www.cornwall.gov.uk or phone 0300 1234 100
Your application will be assessed to ensure it meets the criteria and the Green Cornwall Team will make a decision on the amount to be
allocated. Applications must be submitted by the deadline of 30th April 2013. To submit the application form and supporting
documents, you can either e-mail crlf@cornwall.gov.uk or post the documents to the Green Cornwall Team, Cornwall Council, New County
Hall, Treyew Road, Truro, Cornwall, TR1 3AY.
Organisations will be required to submit a report at the end of the project to the Green Cornwall Team. You will be required to provide
copies of energy bills covering at least one year after the project has been completed. Grant recipients must agree to be involved in
publicity as a condition of the grant. Grants must be used within 12 months of receipt or returned to Cornwall Council, unless the Council
agrees in writing to an extension of time for use.
What is required to apply?
1. Fill in the form.
2. Provide a copy of your group’s governing document (e.g. constitution, memorandum of agreement, articles of association, trust deed
etc, or other evidence to show that your group is working to a set of rules).
3. Provide details of the group’s bank account (or identify another organisation who can act as banker for funds) or if an individual the
bank account to which payment is to be made.
4. Include three relevant cost estimates or quotes with projected energy cost savings provided by a suitably qualified accredited
contractors
5. Copies of energy bills (electricity, gas, oil as appropriate) at least one year retrospectively.It is the applicant’s responsibility to ensure that all required permissions, insurances and safeguarding arrangements for children and vulnerable adults are in place prior to beginning the project, and that adequate health and safety risk assessments are in place if they are necessary. If the application is for funding to carry out building work, planning permission and building regulations approval must have been granted before the application is made due to timescales. Advice For more information or advice on potential projects, or to request an application form, please contact the Green Cornwall Team. Other funds may be available for your project. The Localism’s community regeneration team can help identify possible sources of match funding for your project. Please follow the link to the Council’s Grants Advice Service webpage http://www.cornwall.gov.uk/default.aspx?page=20734 This document is available on request in alternative formats (e.g. large type/Braille/on tape). We can also arrange versions in other languages. If you would like an alternative version please contact us: Green Cornwall Team, Cornwall Council, New County Hall, Treyew Road, Truro, Cornwall, TR1 3AY.
Dated 2013
BETWEEN
CORNWALL COUNCIL
AND
FUNDING AGREEMENT
Legal Services
County Hall
Truro
TR1 3AY
Ref: TL/31242
Page 1 of 9THIS AGREEMENT is dated the day of 2013
BETWEEN:
1) CORNWALL COUNCIL of New County Hall, Treyew Road, Truro TR1 3AY, (“the
Council”); and
2) of (“the Recipient”)
each a “Party” and together “the Parties”
WHEREAS:
A The Council is pursuing an ongoing and overarching programme to coordinate its efforts
to reduce carbon emissions and strengthen the Council’s wider leadership within Cornwall
known as “Green Cornwall.”
B The Recipient owns or possesses a long lease in premises which are utilised by a
constituted ‘not for profit’ organisation furthering the social wellbeing or cultural,
recreational or sporting interests of the people of Cornwall.
C The Council has agreed to make an award in the sum of pounds (£) to the Recipient
to be used for the funding of carbon reduction measures to premises used by the
Recipient, in accordance with the terms of this Agreement.
DEFINITIONS
In this Agreement the following expressions shall have the following meanings:
“Agreement” means this Agreement including any Appendices and
Schedules hereto;
“Background Information” means any information, data, methodologies, models and
know-how, documents and materials, databases and software
introduced into, and used for the benefit of, the Project by a
Party;
“Grant” means the grant monies in the sum of pounds (£) the
terms and conditions of receipt of which are set out in this
Agreement;
“Intellectual Property” means any patents, rights to inventions, copyright and
related rights, trade marks, trade names and domain names,
rights in designs, rights in computer software, database
rights, rights in confidential information (including know-how
and trade secrets) and any other intellectual property rights,
in each case whether registered or unregistered and all
similar or equivalent rights or forms of protection which
subsist or will subsist, now or in the future;
“Monitoring Information” means the information to be supplied to the Council set out in
Schedule 1;
Page 2 of 9“Premises” means the Premises from which the Recipient provides the
service as set out in the Proposal;
“Project” means the project defined in the Proposal:
“Proposal” means the document attached as Appendix1;
“Resulting Information” means any information, data, methodologies, models and
know-how, documents and materials, databases and software
obtained or developed by the Parties in connection with the
Project or arising out of the Project;
“Service” means the furtherance of the social wellbeing or cultural,
recreational or sporting interests of the people of Cornwall as
set out in the Proposal.
1. THE GRANT
1.1 The Council will pay the Grant to the Recipient subject always to the Recipient
complying with the terms of this Agreement and all or any reasonable rules and
regulations of the Council in place from time to time.
1.2 Subject to the provisions of this Agreement the maximum amount of Grant which will
be paid by the Council to the Recipient is pounds (£).
1.3 The Recipient will apply the Grant solely towards the Project.
1.4 The Council shall not pay the whole or any part of the Grant to the Recipient unless the
Council is satisfied that the Recipient is complying with all of its obligations under this
Agreement.
1.5 Any payment of part of the Grant under this Agreement is without prejudice to the
Council’s rights to refuse to pay any further part of the Grant or to exercise its rights to
require repayment in accordance with the provisions of this Agreement of the whole or
any part of the funding previously paid to the Recipient.
1.6 Subject to the provisions of this Agreement and to receipt by the Council of a claim
from the Recipient the Council shall pay the Grant in respect of the Project either in one
lump sum or in such instalments as the Parties shall between themselves agree into the
bank account of the Recipient details of which are to be supplied to the Council by the
Recipient within 14 days of receipt by the Council of an invoice from the Recipient.
1.7 If at any time the Council has paid more than it is liable to pay under any provision of
this Agreement, the Recipient shall forthwith on demand in writing pay to the Council
the amount stipulated by the Council as having been overpaid.
1.8 The Council reserves the right to withdraw and/or reclaim the Grant already paid if:
1. works under the project are not commenced within 12 months of the Recipient’s
receipt of any part of the Grant; or
2. it appears in the Council’s reasonable opinion that the Project is not, in any
material respect, being properly and/or efficiently carried out and/or is taking
too long to complete and/or the Grant is not being spent appropriately in
accordance with the carrying out of the Project and within 30 days of being
notified by the Council that the Project is not being properly or efficiently carried
out, the Recipient have not taken any steps to remedy this.
1.9 The Recipient hereby acknowledges that the Grant will not be increased as a result of
any over spending by it or otherwise.
Page 3 of 91.10 For the avoidance of doubt, approval of this scheme is given without prejudice to any
other consent or permission that the Authority may give in any other capacity.
2. THE RECIPIENT’S OBLIGATIONS
2.1 The Recipient will:
2.1.1 undertake the Project in accordance with the requirements set out in the
Proposal;
2.1.2 supply to the Council, at such times as it shall reasonably request, copies of all
documents, files, details, software and results (in whatever form) relating to the
activities conducted to date in connection with the Grant and how the Grant has
been applied;
2.1.3 provide such reasonable evidence as the Council may require, of the costs and
expenses incurred to date;
2.1.4 not proceed with any actual or planned material deviation to the Project without
the Council’s prior written consent;
2.1.5 use the Grant only in accordance with the terms of this Agreement and for no
other purpose provided that in the case of the Grant being used incorrectly by
the Recipient for expenditure which is not eligible for Grant monies the Council
may ask the Recipient for repayment of such sums and the Recipient shall
immediately reimburse the same to the Council on request;
2.1.6 not sell any equipment or other assets purchased with funding from the Grant
without the Council’s prior written agreement;
2.1.7 keep all financial records and accounts including receipts for items purchased
with the Grant for at least 5 years from the end of the financial year in which the
transaction took place;
2.1.8 immediately inform the Council in writing of any significant development and/or
problems that it encounters;
2.1.9 cooperate with the Council in the evaluation and/or monitoring of the Project;
2.1.10 promptly provide to the Council all Monitoring Information;
2.1.11 maintain and take reasonable care of any equipment or other assets purchased
with funding from the Grant.
3. THE COUNCIL’S OBLIGATIONS
3.1 In consideration of the Recipient’s compliance with the terms of this Agreement the
Council agrees to pay to the Recipient the Grant as set out above.
3.2 The amount of Grant set out in this Agreement is the maximum sum that will be paid to
the Recipient by the Council.
4. PUBLICITY
4.1 For the avoidance of doubt the Recipient shall participate in such publicity of the
Scheme as the Council reasonably requires.
Page 4 of 94.2 The Recipient shall ensure that any literature or publicity relating to the project make
reference to the Grant by, inter alia, display of the Council logo and reference to the
Green Cornwall programme on publications advertising material and signs, the exact
nature of such displays to be agreed by the Parties from time to time.
5. UNDERTAKINGS
5.1 The Recipient hereby undertakes and warrants that:
5.1.1 it has obtained all necessary rights, licenses, consents, approvals, permissions, permits,
and other certificates and authorities necessary to carry on the Project, to perform its
obligations and to grant the rights granted under this Agreement, including without
limitation in relation to its Background Information and the Resulting Information;
5.1.2 to the best of its knowledge, all information, data and materials provided at any time by
or on behalf of the Recipient and/or any of the other parties involved in the Project
and/or used or to be used as part of the Project is true, accurate and complete and it
has provided to the Council all information which it might reasonably be thought to be
relevant to the decision by the Council to award the Grant;
5.1.3 it will comply with all applicable laws and regulations in undertaking the Project and the
activities carried out in connection with the Project will not infringe the rights of any
third party;
5.1.4 it will comply with best practice, guidance and all legal requirements in relation to
health and safety and safeguarding of any children or vulnerable adults involved in the
Project, including without limitation by carrying out risk assessments and obtaining
criminal record checks for any individuals involved in the Project as appropriate and will
obtain all appropriate insurance in relation to the Project.
5.1.5 It has the Freehold or a Leasehold of at least 10 years over the Premises;
5.1.6 It will not before 01 April 2023:
a) Sell Let Sub-let Licence or in any other way part with the possession of
the Premises; or
b) Change the use of the Premises or any part of the premises; or
c) Stop or in any way reduce the provision of the Service or be in breach of
any contract for the provision of the services successors scheme;
without the written consent of the Council.
5.1.7 Any contractors or sub contractors that it will appoint to undertake the Project are
reputable organisations registered will all relevant trade associations operating
guarantee schemes including but not limited to those offered by the Building Employers
Confederation and the Federation of Master Builders.
5.1.8 It will not carry out any part of the Project itself accept with the express written consent
of the Council.
5.1.9 It will, until the date set out in 5.1.6 maintain a comprehensive Policy of Insurance of
the Premises to the full value thereof and the interest of the Council under this
Agreement shall be noted thereon and the Recipient shall as soon as possible and
whenever so required produce to the Council the policy of such insurance or such
evidence thereof as the Council may require together with the receipts of all premiums
payable there under. If the Recipient fails to do so the Council may take out or renew
Page 5 of 9such insurances in any sum which the Council think expedient and all money expended
by the Council shall be reimbursed by the Recipient.
6. INTELLECTUAL PROPERTY RIGHTS
6.1.1 The Recipient warrants to the Council that in the course of carrying out the Project it
has not infringed and will not infringe any copyright or other intellectual property and
design rights of any third party.
6.1.2 The Recipient shall indemnify the Council against any and all direct losses, claims,
damages, costs, charges, proceedings, expenses and demands and actions arising from
or incurred by reason of any infringement or alleged infringement of any Intellectual
Property Right and/or royalty payment rights of any third party in respect of the
Project.
7. INDEMNITY
7.1 The Recipient shall indemnify and keep the Authority indemnified from and against all
loss, damage, or liabilities suffered by the Authority arising from the Recipient’s breach
of this Agreement including:
7.1.1 any act of neglect or default of the Recipient or its employees or agents;
7.1.2 any breach in respect of any matter arising from the delivery of the Project resulting in
any successful claim by any third party.
8. TERMINATION
8.1 If:
8.1.1 the Recipient is in breach of any of the obligations under this Agreement for more than
15 days after written notice from the Council requiring such breach to be remedied; or
8.1.2 any representation or warranty made by the Recipient to the Council pursuant to this
Agreement shall prove to have been incorrect in any material respect when made (or
deemed made) or, if repeated at any time hereafter by reference to the facts subsisting
at such time, would no longer be true and correct in all material respects; or
8.1.3 if the Recipient shall have offered or given or agreed to give to any person (whether an
employee of the Council or otherwise) any gift or consideration of any kind as an
inducement or reward for doing or forbearing to do or for having done or forborne to do
any action in relation to the obtaining or execution of this Agreement or for showing or
forbearing to show favour or disfavour to any person in relation to this Agreement or if
the like acts shall have been done by any person employed by him or acting on his
behalf (whether with or without the knowledge of the Recipient) or if in relation to any
Agreement with the Council the Recipient or any person employed by it or acting on its
behalf shall have committed any offence under the Bribery Act 2010 or shall have given
any fee or reward the receipt of which is an offence under Section 117(2) of the Local
Government Act 1972;
8.2 the Council shall immediately be entitled to declare that this Agreement is terminated
and may at its discretion demand repayment of all sums advanced to that date.
Page 6 of 99. CONFIDENTIALITY; DISCLOSURE OF INFORMATION; FREEDOM OF
INFORMATION ACT 2000.
9.1 The Recipient shall keep in strict confidence any confidential information provided by
the Council and shall only use the confidential information received for the purposes of
this Agreement and shall not disclose the confidential information without the prior
written consent of the Council. The Recipient shall take all necessary precautions to
ensure that all confidential information is treated confidential and not disclosed (save as
expressly permitted by this Agreement) other than for the purposes of this Agreement
or is permitted under the Freedom of Information Act 2000, Data Protection Act 1998
and/or the Environmental Information Regulations 2004.
9.2 The Recipient acknowledges that, except for any information which is exempt from
disclosure in accordance with the provisions of the Freedom of Information Act 2000,
the content of this Agreement is not confidential information. The Council shall be
responsible for determining in its absolute discretion whether any of the content of this
Agreement is exempt from disclosure in accordance with the provisions of the Freedom
of Information Act 2000. Notwithstanding any other term of this Agreement, the
Recipient hereby gives its consent for the Council to publish this Agreement in its
entirety (but with any information which is exempt from disclosure in accordance with
the provisions of the Freedom of Information Act 2000 redacted), including from time to
time agreed changes to this Agreement, to the general public.
9.3 The Council may consult with the Recipient to inform its decision regarding any
exemptions but the Council shall have the final decision in its absolute discretion.
9.4 The Recipient shall assist and cooperate with the Council to enable the Council to
publish this Agreement.
9.5 Nothing contained in this Agreement shall prevent the Council from disclosing and/or
publishing under the provisions of the Freedom of Information Act 2000, Data
Protection Act 1998 and/or the Environmental Information Regulations 2004 any term
or Condition or information contained in or relating to the formation of this Agreement.
9.6 The Recipient shall co-operate with the Council and supply all necessary information
and documentation required in connection with any request received by the Council
under the Freedom of Information Act 2000, Data Protection Act 1998 and/or the
Environmental Information Regulations 2004.
9.7 Nothing contained in this Agreement shall prevent the Council from disclosing and/or
publishing any documents or information produced by the Recipient in accordance with
this Agreement.
10. DATA PROTECTION
The Recipient and Council shall comply with the provisions of the Data Protection Act
1998 and any related legislation insofar as the same relates to the provisions and
obligations of the terms and conditions of this Agreement.
11. RECORDS AND INFORMATION
The Recipient will ensure that the Council will be allowed access at all reasonable times
and upon giving at least one day’s notice to examine all the Recipient’s documentation
and records relevant to the Project in whatever form.
Page 7 of 912. AGENCY AND JOINT VENTURE EXCLUDED
Nothing contained in this Agreement shall be so construed as to constitute either Party
to be the agent of the other; nor shall this Agreement operate so as to create a legal
partnership, company or joint venture of any kind between the Parties hereto.
13. ASSIGNMENT
The Recipient may not without the consent of the Authority assign or transfer any of its
rights or obligations under this Agreement.
14. RIGHTS OF THIRD PARTIES
No person other than a contracting Party may enforce any provisions of this Agreement
by virtue of the Contracts (Rights of Third Parties) Act 1999 but this does not affect any
right of remedy of a third party which exists or is available apart from that Act.
15. VARIATION
This Agreement may not be amended or modified in any manner except by an
instrument in writing signed by a duly authorised officer or representative of the Parties
hereto.
16. LAW
This Agreement and the contract arising out of the Recipient’s acceptance of the Grant
on the terms and conditions set out in this Agreement, shall be governed by and
construed in all respects in accordance with the laws of England.
AS WITNESS WHEREOF the Parties have hereunto set their hands the day and year first before
written
Signed on behalf of
CORNWALL COUNCIL
………………………………………………………….. Authorised Officer
Signed on behalf of
………………………………………………………………
Director
Page 8 of 9Witnessed by …………………………………………
Name ………………………………………..………....
Address …………………………………………..…....
Occupation …………………………………...……….
Page 9 of 9Schedule 1
Monitoring Information.
Information. Date/Frequency to be provided.
(To be determined.)
Appendix 1.
The Proposal
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