1.0 Definitions
1.1 Definitions: In this agreement, unless the context otherwise requires:
1.2 Applicant means the person, persons, or entity applying for funding from Council.
1.3 Council means Palmerston North City Council.
1.4 Funding Agreement means the contract entered into with the Applicant detailing the agreement between Council and the Applicant.
2.0 Funding
2.1 Council maintains and runs the Sponsorship Fund in its sole discretion.
2.2 The Council Sponsorship Fund is capped. Council is not obligated to grant the entirety of the Sponsorship Fund in any year nor carry over unallocated amounts to future years.
2.3 The Sponsorship Fund is for funding projects or initiatives
2.4 These Terms and Conditions will also form part and be included as part of the Terms and Conditions of the Investment Agreement entered into with the successful applicant.
3.0 Application process
3.1 The application submitted by an Applicant must be online through the Smarty Grants portal. Applications submitted outside of Smarty Grants may be rejected.
3.2 Each applicant must disclose all matters likely to be material to Council's consideration of its application or which might have a bearing on the outcomes to be delivered from the funding.
3.3 Council at its sole discretion, reserves the right to:
3.3.1 Change the criteria, parameters, date, timeline, or any other aspect of the Funding Application or decision-making application process and waive any application requirements;
3.3.2 Reject any application that does not align with Councils strategic goals
3.3.3 Require applicants to supply additional information;
3.3.4 Suspend or cancel the funding process in whole or in part;
3.3.5 Impose conditions on the approval or payment of Council's funding (i.e. a requirement to successfully obtain a level of private funding or generate a certain number of entries for an event);
3.3.6 Engage a third party to audit the applicant’s financial statements;
3.3.7 Seek independent advice and/or crossreference any information provided by the Applicant.
3.3.8 Council may carry out due diligence in respect of an application. This may include due diligence on Applicants, organisations, or personnel involved. It may extend to financial due diligence and relevant track records either as part of the application assessment process or as part of any subsequent contract negotiation. By making an application, the Applicant consents to Council making due enquiries with third parties in this regard and agrees to provide access to referees where requested by Council.
3.4 Council will inform an Applicant of the success (or otherwise) of an application.
3.5 Council is not obliged to grant all or a certain percentage of the full amount sought in the application. Acceptance of an Application also does not mean the Applicant is entitled to the full amount applied for or can expect to receive a specificed amount or percentage. Council will inform the Applicant of the level of funding it is prepared to contribute which will be outlined in the Funding Agreement.
3.6 No decision is binding on Council until the Funding Agreement between Council and the Applicant is agreed and the parties have signed and executed the agreement.
3.7 As part of the application, the Applicant should provide an integrated marketing plan focussing on event and destination promotion including cross-promotion of other Council events where possible which the Applicant can work in conjunction with Council to develop and optimise if successful.
3.8 The Applicant warrants that all information provided in relation to its application is true and correct in all material respects, at all times, and is not misleading whether by omission or otherwise. If circumstances or information changes after making an application,the Applicant must immediately notify Council.
4.0 Privacy
4.1 Council is committed to the Applicants privacy and will comply with applicable privacy laws, including the Privacy Act 1993, to the extent possible when sharing the Applicant’s information with third parties in connection with all aspects of the application process. The Applicant acknowledges that their data may be shared for the purpose of evaluating their application.
4.2 Council may share details contained in any application with Elected Members and consult with them on any application for funding.
4.3 Council may publish or publicly release information in relation to the Sponsorship Fund and specifically in relation to the funding amounts requested.
4.4 Council is governed by the Local Government Official Information and Meetings Act 1987. Council is committed to being transparent about its activities and its major events fundings and as such may publish funding and ratepayer contribution to events. Further, Council may publicly disclose its financial and other involvement in and/or contribution to any/all events
4.5 By submitting an application, the Applicant acknowledges that the information in their application may be disclosed publically, or to a third party, and agrees to the disclosure of such information.
5.0 Termination
5.1 Council may terminate its consideration of, or reject, an application at any time prior to an Funding Agreement being signed and executed.
5.2 Council is not required to give a reason where it terminates or rejects an application.
6.0 Conflicts and disclosure
6.1 The applicant should detail any actual or potential conflict of interest (including anything which might have the appearance of a conflict of interest) which could compromise the decision on the application or bring the process into disrepute. For example, the applicant should identify any situation where a person involved with the event has a connection with someone who is an elected representative, serving on the board of, is a contract provider to, or working within Council or any CCO. Failure to disclose a conflict will result in immediate termination of an application or Funding Agreement.
6.2 All Applicants must disclose to Council any other funding sources, including any sources where the Applicant has lodged an application for funding and whether or not that funding has been confirmed. Further the Applicant must disclose any corporate or commercial sponsorship arrangements irrespective of whether the sponsorship arrangement includes direct funding or in-kind support.
6.3 Applicants must not directly or indirectly seek to influence Council's funding decisions in any improper or unethical manner (or in any way which might have the appearance of being so), nor attempt to solicit or garner non-public information from Council which might give an unfair advantage in the application process.
7.0 General
7.1 Confidentiality: Except as required by law, and subject to these terms and conditions, both parties shall preserve as confidential any information of a confidential nature that they acquire in relation to the other.
7.2 Dispute resolution: Should a dispute arise in relation to the interpretation of these terms and conditions the Applicant must notify Council in writing, detailing the problem. Council will determine whether there is any dispute to resolve and will inform the Applicant of its decision in writing, and if there is a dispute to resolve, then the process that will be followed.
7.3 Severability: If any part of these terms and conditions is held by any court to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining parts of these terms and conditions.
7.4 Jurisdiction: These terms and conditions are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts.