Additional Grant Contract (hereinafter referred to as the Contract ) for Bilateral Relations Component Project No. xxxxxxx

Transcription

1 Additional Grant Contract (hereinafter referred to as the Contract ) for Bilateral Relations Component Project No. xxxxxxx financed from the Fund for Bilateral relations at Programme Level (hereinafter referred to as FBR ) within the EEA Financial Mechanism (hereinafter referred to as EEA Grants ), as a part of the Programme CZ03 The Fund for Non-Governmental Organisations (hereinafter referred to as the NGO Fund ) established by the Programme Agreement of October 31, Parties to the Contract: Additional Grant Provider: Name: Nadace rozvoje občanské společnosti / Nadace Partnerství (Civil Society Development Foundation / Environmental Partnership Foundation) according to the priority Registered office: Represented by: (hereinafter referred to as the Programme Operator ) and Additional Grant Beneficiary: Name: Registered office: Represented by: (hereinafter referred to as the Beneficiary ) enter into this Contract pursuant to 1746 of the Act No. 89/2012 Coll., the Civil Code.

2 Article I Introductory Provision 1. The Programme Operator shall implement the NGO Fund based on the following: a. The Contract on provision of the NGO Fund implementation between the Ministry of Finance of the Czech Republic and the Civil Society Development Foundation (NROS) from January 10, 2014; b. The Memorandum on Implementation of the NGO Fund between the Ministry of Finance of the Czech Republic and the Civil Society Development Foundation (NROS) from January 10, 2014; c. The Decision on Subsidy provided by the Ministry of Finance of the Czech Republic to from March 20, 2014; d. FOR PRIORITY IV: The Partnership Agreement between the Civil Society Development Foundation (NROS) and the Environmental Partnership Foundation (Nadace Partnerství, NaP) from March 20, As part of the NGO Fund implementation within the FBR the Programme Operator provides additional grants from the funds of the EEA Grants to non-profit organisations to implement their specific bilateral relations component projects. 3. The Parties note that the Contract shall comply with the legal regulations of the Czech Republic in force. In addition to that, the Contract shall comply with the legal framework of the EEA Grants as defined in the clause 1.4 of the Regulation on the Implementation of the EEA Financial Mechanism , and with relevant provisions of all process documents and rules issued by the Financial Mechanism Office and the Ministry of Finance of the Czech Republic, in particular the Programme Agreement to Finance the NGO Fund and the Regulation on the Implementation of the EEA Financial Mechanism , as well as all the procedures guidelines and rules issued by the Programme Operator. 4. Upon the request of the Programme Operator the Beneficiary shall sign an Amendment to the Contract pursuant to the clause VIII 3 of the Contract as proposed by the Programme Operator provided the Programme Operator concludes that there is a need to sign such Contract due to updates in any of the documents listed in the previous clause. 5. The Beneficiary shall comply with all provisions of the Contract and all its Annexes that form its inseparable part. Unless expressly stated otherwise any reference to the Contract means also a reference to its Annexes. Article II Scope of the Contract 1. The aim of the Contract is to define rules for allocation and use of the additional grant provided as part of the NGO Fund from the funds of the EEA Grants, pursuant to Article I of the Contract, in order to implement the bilateral relations component project defined below (hereinafter referred to as the Additional Grant ). 2. The Additional Grant shall be provided in the form of an endowment contribution (grant) pursuant to the provisions of 353 and subsequent of the Act No. 89/2012 Coll., the Civil Code. Page 2 of 8

3 3. The Additional Grant is provided to implement the below-specified bilateral relations component project: Bilateral Relations Component Project Name: Bilateral Relations Component Project Number: (hereinafter referred to as the BRC Project ) 4. The Beneficiary accepts the provided Additional Grant and shall dispose of the Additional Grant exclusively and only in relation to the BRC Project implementation. 5. The BRC Project Specification, including description of different activities, goals and outputs of the BRC Project, is in the Annex I hereof. 6. All BRC Project parameters listed in the Annex I of the Contract shall be obligatory for the Beneficiary. Article III BRC Project Implementation Period 1. The BRC Project implementation starts on 1. xx. 201x and ends on xx. xx. 201x. Article IV Basic Financial Provisions and Provisions for Additional Grant Payments 1. The BRC Project budget is included in the Annex II of the Contract. The estimated total eligible costs of the BRC Project as specified in the Annex II of the Contract amount to CZK. The criteria for eligibility of costs as defined within the Article 10 of the Annex III hereof apply to all BRC Project costs regardless of the source of financing. 2. The Programme Operator provides the Additional Grant of up to CZK to the Beneficiary to finance a part of the BRC Project costs mentioned in the previous clause. The final Additional Grant amount shall be specified pursuant to the Article 13 of the Annex III hereof. 3. The Beneficiary shall finance all eligible BRC Project costs not covered by the Additional Grant through co-financing and/or from direct revenues of the BRC Project. Eligible cofinancing is specified in Article 11 of the Annex III hereof. At the same time the Additional Grant shall be the main source of BRC Project financing; the ratio of the Additional Grant to the total eligible BRC Project costs shall not fall under 51 %. 4. The Programme Operator shall provide the Additional Grant to the Beneficiary pursuant to the clause IV 2 hereof by means of credit transfers to a bank account of the Beneficiary. These Additional Grant payments shall be made in compliance with the following clauses. The bank account shall be conducted in Czech crowns in a bank authorized to provide banking services in the Czech Republic and shall be identified in a Financial Identification form prescribed by the Programme Operator. Page 3 of 8

4 5. The Beneficiary shall receive a Additional Grant advance payment amounting to 80 % of the Additional Grant; i.e. CZK. The Additional Grant advance payment shall be paid pursuant to the valid Contract within 15 working days from the beginning of BRC Project implementation. If the Contract is signed after the beginning of the BRC Project implementation the Additional Grant advance payment shall be paid within 15 working days after the Contract is signed by the last party to the Contract. The amount of the Additional Grant advance payment shall be rounded down to the nearest Czech crown. 6. The Beneficiary shall receive a final Additional Grant payment of up to 20 % of the Additional Grant; i.e. CZK. The final Additional Grant payment shall be made within 15 working days from the day a Final BRC Project Report was approved by the Programme Operator in accordance with Article 3 of the Annex III hereof. The actual amount of the final Additional Grant payment shall be calculated based on the BRC Project financial reconciliation in accordance with Article 13 of the Annex III hereof. 7. Additional Grant payments are considered paid on the day the amount is debited from the bank account of the Programme Operator. Regardless of the deadlines set for individual Additional Grant payments the Programme Operator is obliged to meet these deadlines towards the Beneficiary only provided the Programme Operator receives for this purpose and in time respective funds from the superior bodies of the EEA Grants implementation structure and provided the Programme Operator receives in time all necessary background information and documents from the Beneficiary required to make an Additional Grant payment. The deadline for an Additional Grant payment as specified within this Article IV shall be extended by the time during which the conditions defined in the previous sentence are not met. 8. The Programme Operator is entitled to suspend Additional Grant payments to the Beneficiary or request all the funds already paid as part of the Additional Grant be returned by Beneficiary if so requested by the superior bodies of the EEA Grants implementation structure or authorized bodies of state administration (including in particular the entities specified in clause 12.3 of the Annex III hereof) or if proceeded in accordance with the Article VI hereof. The Beneficiary shall return all such requested funds within 15 working days from the delivery of request to do so in accordance with the Article 14 of the Annex III hereof unless the Programme Operator sets a longer deadline. Any request according to the previous sentence or any other written communication between the Programme Operator and the Beneficiary sent by post in relation to this Contract shall be considered delivered on the third working day from its dispatching. 9. PLEASE SELECT THE APPLICABLE: The Additional Grant is not provided as public aid pursuant to the Article 107 of the Treaty on the Functioning of the European Union. / The Additional Grant is fully provided as de minimis public aid pursuant to the Regulation of the Committee (EU) No. 1407/2013. Article V Obligations of the Beneficiary 1. The Beneficiary shall comply with all the obligations specified in the Contract and all its Annexes, in particular Annexes III and IV hereof, and shall act accordingly to meet all requirements and other regulations listed in clause I 3 hereof. Page 4 of 8

5 2. The Beneficiary shall implement the BRC Project with due care, efficiency and transparency in compliance with the best practice in the field and in compliance with the Contract. The Beneficiary shall perform all BRC Project activities according to the time schedule, meet the defined goals and outputs of the BRC Project according to the Annex I hereof and comply with the approved BRC Project budget according to the Annex II hereof. 3. The Beneficiary shall implement any and all BRC Project changes only in compliance with the Article 7 of the Annex III hereof. 4. The Beneficiary shall inform the Programme Operator of all facts that could affect the BRC Project implementation, performance of the Contract or its validity. In this regard the Beneficiary shall proceed in particular in compliance with the Article 3 of the Annex III hereof and Article 7 of the Annex III hereof. 5. When it comes to any subcontracting within the BRC Project the Beneficiary shall proceed according to the Annex IV hereof. The Beneficiary declares to be aware that any subcontracting within the BRC Project constitutes public procurement pursuant the Act No. 137/2006 Coll., the Public Procurement as amended. 6. The Beneficiary shall archive all documents connected to the BRC Project implementation in compliance with the legal regulations of the Czech Republic but in any case at least for 10 years beginning from January 1 of the year following after the year when the NGO Fund Programme Final Report is approved by the Financial Mechanism Office. The Beneficiary shall be informed by the Programme Operator of the date when the Programme Final Report is approved by the Financial Mechanism Office. As of the signing of the Contract it is estimated that all documents connected to the BRC Project implementation should be archived until January 1, The Beneficiary shall create suitable conditions for auditing, monitoring or evaluating the BRC Project and also for controlling the compliance with the Contract in accordance with the Article 12 of the Annex III hereof. 8. The Beneficiary shall inform the Programme Operator of any and all BRC Project controls or monitoring performed by other entities and not the Programme Operator. The Beneficiary shall without any delay inform the Programme Operator of any and all controls or monitoring, their results, proposed corrective measures as well as approval and implementation of such corrective measures. At the same time the Beneficiary shall also inform of approval and implementation of corrective measures the entity performing the control or monitoring and requesting such corrective measures. 9. The Beneficiary declares to be aware of duplicity financing being prohibited. The Beneficiary shall not request payment for any BRC Project cost that has already been covered by any other way and any other entity. 10. The Beneficiary shall return to the Programme Operator all the funds owed due to the provisions of the Contract in compliance with the Article 14 of the Annex III hereof. The Beneficiary shall repay to the Programme Operator fully any payment an authorized body requested from the Programme Operator as a result of a breach of obligations by the Beneficiary. Page 5 of 8

6 11. The Beneficiary agrees to information about the BRC Project being published pursuant to the Act No. 106/1999 Coll., on Free Access to Information, as amended, and the Act No. 101/2000 Coll., on the Protection of Personal data, as amended. In addition, the Beneficiary also agrees to the BRC Project information being used in the information and accounting systems of the Programme Operator, of the Ministry of Finance of the Czech Republic, of the Financial Mechanism Office or other relevant entities for the purposes of EEA Grants administration. The Beneficiary shall obtain all agreements necessary to publish and use the corresponding personal data and inform the parties concerned in compliance with the regulations specified above. 12. The Beneficiary shall comply with the obligations in the area of BRC Project publicity and inform the public about the BRC Project in accordance with the respective instructions by the Programme Operator. 13. The Beneficiary shall dispose of all the assets acquired as part of the BRC Project with due care. The Beneficiary is not authorized to burden the assets with rights of third parties, including the right of lien, to sell or to misappropriate the assets in any other way. If the assets are destroyed, damaged, lost, stolen or subjected to other harmful event or claim the Beneficiary shall procure the assets again, using resources outside the BRC Project, or shall restore the assets back into their original condition as soon as possible but at the latest by the day the BRC Project implementation ends. 14. The Beneficiary shall not assign, transfer or pledge the Contract or any rights, obligations, debts, receivables or claims arising from this Contract without a previous written consent of the Programme Operator. Article VI Noncompliance, Dispute Management and Settlement 1. If the terms and conditions of the Contract are breached the Programme Operator shall proceed in accordance with the Article 9 of the Annex III hereof. The Beneficiary cannot release themselves from their responsibility for breaching the terms and conditions of the Contract (the provisions of 2913 (2) of the Civil Code do not apply). 2. The parties shall try and prevent any disputes but if such dispute arises the parties shall try to reach an agreement in compliance with the legal regulations of the Czech Republic. Should there be any disputes arising from the Contract and in connection to the Contract the Party can refer the matter to the court having the jurisdiction in the area where the registered office of the Programme Operator is located. Page 6 of 8

7 Article VII BRC Project Partner 1. If the BRC Project is implemented in cooperation with a BRC Project Partner (hereinafter referred to as the Partner ), the Beneficiary shall comply with the principles of the project partnerships and obligations arising from the partnership pursuant to the Article 2 of the Annex III hereof. 2. In the relationship with the Programme Operator the Beneficiary has the sole responsibility for BRC Project implementation and for compliance with the terms and conditions of the Contract, this also applies to the part of the BRC Project that is implemented by the Partner. 3. The Partner is an organisation implementing a part of the BRC Project based on the Partnership Agreement signed with the Beneficiary (hereinafter referred to as the Agreement ). The cooperation of the Partner with the Beneficiary within the scope of BRC Project implementation shall not be a relationship between a supplier and customer. The maximum number of Partners is limited to four. 4. IF APPLICABLE: The Partner mentioned in the previous clause, PLEASE SELECT: is a belowlisted organisation / are the below-listed organisations. The Beneficiary shall sign the Agreement with each Partner, using the format of the Agreement provided by the Programme Operator, and submit the Agreement to the Programme Operator before signing the Contract hereof. The Beneficiary shall make sure that any consequent changes to the Agreement submitted to the Programme Operator in accordance with the previous sentence are in compliance with the legal regulations of the Czech Republic and regulatory framework of the EEA Grants. The Beneficiary shall submit any change made in the Agreement to the Programme Operator. The Programme Operator shall be authorized to request the Beneficiary take appropriate measures within the deadline defined by the Programme Operator should the Programme Operator find any such change fails to comply with the legal regulations of the Czech Republic or regulatory framework of the EEA Grants. If requested so in accordance with the previous sentence the Beneficiary shall amend the Agreement as instructed by the Programme Operator. a) Name of organisation: b) Name of organisation: c) Name of organisation: d) Name of organisation: Article VIII Concluding Provisions 1. The Contract is governed by the legislation of the Czech Republic and becomes valid and effective on the day it has been signed by the last of its parties. Page 7 of 8

8 2. The Contract represents the full agreement between the parties and replaces all previous arrangements or agreements not referred to in the Contract. The Contract is signed for a period ending 10 years after January 1 following the year when the Final NGO Fund Programme Report is approved by the Financial Mechanism Office. If the provisions of the Contract result in obligations of the Beneficiary that have not been met within this deadline than the Contract continues to be valid until such obligations are met. The Beneficiary waives the right to demand their obligations under this Contract be cancelled. 3. The Contract can be changed only by written amendments numbered in ascending order. 4. Communication related to the BRC Project can have an electronic form; or if requested by the Programme Operator it shall be a document on paper. Each document shall be numbered and shall include the BRC Project name in compliance with the clause II 3 hereof. 5. All abbreviations and established terminology explained herein shall have the same meaning in all provisions of the annexes of the Contract. The term organisation used in the Annex III and IV of the Contract means the Beneficiary and any and all BRC Project Partners. 6. The Contract has been made in two copies and each of them shall have the force of an original. One copy is for the Programme Operator and the other one for the Beneficiary. 7. The Beneficiary declares that all data provided by the Beneficiary and specified in the Contract and its Annexes are true and correct. Article IX Annexes The following Annexes form an inseparable part of the Contract: Annex I Annex II Annex III Annex IV Annex V BRC Project Specification BRC Project Budget General Terms and Conditions of the Contract Public Procurement Procedures De Minimis Aid Declaration For the Programme Operator [Name] [Name and surname of authorized representative] For the Beneficiary [Name] [Name and surname of authorized representative]..... Signature Signature xx. xx xx. xx Page 8 of 8