NATIONAL AGENCY AGAINST TRAFFICKING IN PERSONS / < Name of the Coordinator
No......
Bucharest ...... / Nr......
......
GRANT AGREEMENT
Swiss-Romanian Cooperation Programme for reducing the economic and social disparities within the enlarged European Union - project - “Supporting Romanian NGOs for direct assistance to victims of human trafficking” [1]
Project title …...... …..
Grant Application Form number: CP1/2017/......
National Agency Against Trafficking in Persons, head office in ...... , registration code...... , phone no ...... / fax ...... , bank account ...... opened at ...... , represented by...... , hereinafter called the “Implementing Agency”, a party
and
...... [full name of the applicant] head office in ...... , fiscal registration code ...... , phone no...... , fax ...... , bank account ...... , opened at ...... , represented by ...... , hereinafter called the “Coordinator", the other party
agreed upon:
Special Conditions
Article 1 – Purpose
1.1The purpose of this Grant Agreement (“The Contract”) is the granting of non-reimbursable funds by the Implementing Agency for the Coordinator to implement the Project ...... , in partnership with......
1.2The Coordinator will be granted the non-reimbursable funds under the conditions in the Contract, which include the Special Conditions (“Special Conditions”) and their annexes, the Coordinator declaring through this that they acknowledge and accept them.
1.3The Coordinator accepts the non-reimbursable funds and commits to develop the Project on their own.
Article 2 – Project implementation period
2.1The Contract enters into force on...... and is valid until......
2.2The Project implementation period is of ... months from …………… to ……..……
Article 3 – Financing the Project
3.1. The total cost of the Project, eligible for funding by the Implementing Agency is estimated at ……...... RON, according to Annex II.
3.2. The Implementing Agency will grant a maximum amount of...... RON from the funds ensured through the Swiss-Romanian Cooperation Programme, representing 85% of the total cost of the Project.
3.3. The Implementing Agency will grant a maximum amount of...... RON from of the funds ensured by the national budget, representing 15% of the total cost of the Project.
3.4. The final amounts mentioned in articles 3.2 and 3.3 of the Special Conditions section of the Grant Agreement will be established according to art. 16 of the Annex 1 - General Conditions of the Grant Agreement.
Article 4 – Reporting and payments
4.1. Reports will be made to track the Project’s progress and to underlie the payment requests, according to art. 2 and 15 of the Annex I - General Conditions of the funding contract.
4.2Payments will be made according to the stipulations of the art. 15 of Annex I - General Conditions of the Grant Agreement.
Article 5 – Contact
Any communication about the present Contract needs to be done in writing, to mention the number and the title of the Project and to be submitted to the following addresses:
For the Implementing Agency
Ion Câmpineanu 20, sect. 1, et. 5, Bucharest, postal code..., fax...... ,
The payment requests and reports, along with the request about the bank accounts need to be sent out in writing, on paper to the Implementing Agency’s address.
For the Coordinator
...... [The Coordinator’s correspondence address]
Article 6 – Final stipulations
6.1The following documents are annexed to these Special Conditions and are part of the Contract:
Annex I:Special Conditions applied to the Grant Agreements out the of Swiss-Romanian Cooperation Programme
Annex II:Funding requests and all the annexes (see the Applicant's Guidelines)
Annex III: Standard payment request
Annex IV:Addendum template
Annex V: Quarterly report template
Annex V.1 – Individual file on the trafficking situation
Annex V.2 – Individual file on the assistance
Annex VI: Final report template
The grant application form, the project budget and all its related annexes are integral parts of the contract.
6.2 In the case of a conflict between the provisions in the Annexes and those in the Special Conditions, the provisions in the Special Conditions will take priority. In the case of a conflict between the provision in Annex I (General Conditions) and the other annexes, the provisions in Annex I will take precedence over.
6.3This contract will be managed in Romanian.
6.4 Any written document must be registered when sent out or received.
6.5The contract will be interpreted according to the Romanian laws.
Concluded in Bucharest in 2original copies in Romanian, one for the Implementing Agency and one for the Coordinator and for the partner/s.
Contract parties
For the Implementing Agency / For the CoordinatorName / Name
Signature / Signature
Date / Date
I acknowledged and I agree with the provisions of the contract.
Partener 1, 2, ….Name
Signature
Date
Annex No. I:
General Conditions
applicable to the Grant Agreements financed through the Swiss-Romanian Cooperation Programme to reduce the economical and social disparities in the enlarged European Union - “Supporting Romanian NGOs for direct assistance to victims of human trafficking”
TABLE OF CONTENTS
GENERAL AND ADMINISTRATIVE CONDITIONS
Article 1 - General obligations
Article 2 - Informing, financial and technical reports obligations
Article 3 - Liabilities
Article 4 - Conflict of interests
Article 5 - Confidentiality
Article 6 - Visibility
Article 7 - Ownership/ using the results and equipment
Article 8 - Project evaluation
Article 9 - Contract amendments
Article 10 - Assigning rights regarding the Contract
Article 11 - Project implementation period, extension, halt period, force majeure and ending date
Article 12 - Contract Suspension
Article 13 - Keeping and archiving Project related documents
Article 14 - Solving litigations
FINANCIAL PROVISIONS
Article 15 - Eligible costs
Article 16 - Payments and interests for late payments
Article 17 - Accountability records, technical and financial checks
Article 18 - Final amount provided by the Implementing Agency
Article 19 - Non-reimbursable funding reimbursement
Article 20 - Interpretation
GENERAL AND ADMINISTRATIVE CONDITIONS
Article 1 - General Obligations
1.1The Coordinator will implement the Project on its own account, according to the Financing Request in Annex II of the Non-reimbursable Financing Contract, looking to acquire its objectives as determined in it.
1.2The Coordinator will implement the Project with all the necessary attention, efficiency, transparency and diligence, according to the good practice rules in the activity domain and according to the provisions of the Grant Agreement.
In this respect, the Coordinator will make use of all the financial, human and material resources needed to completely implement the Project, as specified in the Financing Request.
1.3The Coordinator will act alone or in partnership with one or more NGOs or other bodies identified in the Financing Request.
The Implementing Agency does not recognize any contractual relationship between it and the Coordinator’s partners. The Coordinator will be solely responsible to the Implementing Agency for the Project implementation. The Coordinator is obliged to make sure that all the conditions imposed through art. 1, 3, 4, 5, 6, 7, 8, 15, 16, 17, 18, 19 and 20 from Annex 1 - General conditions of the Grant Agreement are applied to the same extent to all their partners, if this is the case. The Coordinator will also include in its partnership contracts provisions to ensure the above mentioned effect.
1.4The Coordinator and the Implementing Agency are the only parties (“Parties”) of the Contract.
1.5 If implementing the Project requires the acquisition of goods. The Coordinator will apply the national law provision regarding public acquisitions.
1.6 The Implementing Authority has the right to issue instructions on the enforcement of the Grant Agreement; the instructions are mandatory for the Coordinator.
Article 2 - Informing and financial and technical reports obligations
2.1The Coordinator needs to put all the requested information about the Project implementation at the Implementing Agency's disposal. In this respect, the Coordinator needs to submit:
●quarterly reports (financial and narrative) according to the template in Annex V of the Grant Agreement.
Quarterly reports will be accompanied by Annex V.1 – Individual file on the trafficking situation, filled out for each human trafficking victim, included in an assistance program in the reporting time and Annex V.2 – Individual file on the assistance, filled out for each victim whose assistance time ended during the reporting or at the end of the Project implementation period, for the victims within assistance programs.
●final report according to the template in the Grant Agreementin Annex VI;
The final narrative report must be accompanied by an external audit report.
The quarterly and final reports must be accompanied by declarations on the own accounts of people that worked within the Project, reflecting the final number of working hours in the referred period, regardless of the employer.
The reports need to fully cover the Project. The Implementing Agency can request information or additional documents anytime, and they must be delivered to them in maximum 15 days from the requesting day, unless specified otherwise.
2.2Every report needs to offer a complete overview of everything related to the Project's implementation for the reported period. The report must be made in a way to allow, on the one side, comparing the proposed objective(s), the means and the results estimated in the Financing Request, and on the other side, the used means, the costs and the results (using the indexes in the Financing Request). The report needs to include a cost balance for the reported period of the Coordinator and, if needed of the partners, according to the standard templates agreed upon with the Implementing Agency.
2.3The reports will be presented in Romanian. The reports will the sent out to the Implementing Agency in the following dates:
-quarterly reports, in maximum 30 days from the end of a quarter of the Project/a Project's phase implementation[2];
-final reports and the audit report, in maximum 45 days from the end of the Project implementation period / every phase of the Project.
2.4 The B Coordinator’s expense amounts mentioned in the reports sent to the Implementing Agency will be in RON.
2.5If the Coordinator does not manage to put the quarterly/final report at the disposal of the Implementing Agency in due dates specified in art. 2.3 of Annex 1 - General Conditions of the Grant Agreement and cannot give acceptable or enough explanations in writing about the reasons that held them back from completing this obligation, the Implementing Agency can decide the termination of the Contract according to art. 12.2, letter a) of Annex 1 - General Conditions of the Grant Agreement and can reclaim the amounts that were paid and are not justifiable.
Article 3 - Liabilities
3.1 The Implementing Agency cannot be held responsible, under no circumstances or for no reasons, for the material or moral prejudices brought to the employees or the goods of the Coordinator during the time of the Project. For that reason, the Implementing Agency cannot receive any request for equalizing or enlargement of the payments regarding this kind of material or moral prejudices, unless in the limits and conditions specified by law.
3.2 The Coordinator will be responsible on its own account to third parties, including in the case of material or moral prejudices of any kind that took part during the Project. The Coordinator will preclude the responsibility of the Implementing Agency in any situation connected to claims or actions resulted when the Coordinator or its employees did not respect the regulations or when the rights or a third party were violated.
Article 4 - Conflict of interests
4.1The Coordinator takes it upon itself to take all the necessary measures to avoid any conflict of interests and to inform the Implementing Agency about any situation that is or that could determine the occurrence of such conflicts.
4.2A conflict of interests is any situation in which any person in this Contract cannot objectively and impartially exercise their function because of reasons that involve family, love life, political or national affinity, economic interest or any other common interests with another person.
Article 5 – Confidentiality
5.1 The Implementing Agency and the Coordinator will keep any document and information confidential or any other material sent to them under a confidentiality clause.
5.2 Both the Coordinator and its partners will handle any data transfer only by respecting the legal provisions on this matter.
Article 6 - Visibility
The Coordinator must take all measures to make public that the Project is funded by ANITP through the Swiss-Romanian Cooperation Programme for reducing the economic and social disparities within the enlarged European Union. These measures should comply with the regulations established in the Information and Promotion Guide of the Swiss-Romanian Cooperation Programme that can be downloaded from
Article 7 - Ownership/ using results and goods
7.1Ownership, title and the rights for industrial and intellectual property over the results of the Project, reports and other legal documents connected to the Project are transferred to the Implementing Agency. In the same time, the Implementing Agency grants the Coordinator the right to freely use all the results of the Project, reports and other legal documents connected to the Project.
7.2Any transfer of goods acquired from the Project’s budget, provided in the Project to be made to any of the Coordinator’s partners or final beneficiaries of the Project, needs to be done by the end of the Project’s implementation. Copies of the documents that attest the transfer need to be annexed to the final report.
Article 8 - Project evaluation and checking visits
8.1If the Implementing Agency does an intermediary or post evaluation, the Coordinator needs to put at its disposal, or the authorized person’s disposal, any document or information to help the evaluation and grant them access.
8.2The Swiss Intermediary Body - SIB, ANITP - Implementing Agency can carry out their right to check and verify the Coordinator and its partners to support and monitor them, based on documents or through checking visits.
Article 9 - Contract amendments
9.1 Any amendment to this Contract or its annexes must be done in writing, through an addendum.
If the amendment is requested by the Coordinator, it needs to first send the request to the Implementing Agency. If it is accepted by the Implementing Agency, then an addendum will be made.
9.2However, when the modification does not affect the primary goal of the Project and the financial impact is limited to a transfer within one budget line, or the financial impact is limited to transfers within the budget lines that involve cumulated modifications of at most 10% of the initial budget of the lines in which the transfer is made, the Coordinator can operate the amendment and inform the Implementing Agency about it in writing. This procedure cannot be used to raise the chapter cost regarding indirect costs and contingency reserve.
9.3An addendum cannot have the purpose or the effect of producing changes in the Contract that could bring into discussion the decision to grant the nonrefundable financing or that are contrary to the principle of equal treatment of applicants. The maximum amount of the non-reimbursable financing mentioned in the Special Conditions of the contract cannot be raised.
9.4 An addendum cannot have the purpose or the effect of extending the Project’s implementation period mentioned in art. 1.1 of the Special Conditions chapter of the Project “SupportingRomanian NGOsfor directassistance to victims of human trafficking” financed through the Swiss-Romanian Cooperation Programme.
Article 10 - Assigning rights regarding the Contract
The contract and its payments cannot be transferred or assigned to a third party in no way or circumstance without the prior written consent of the Implementing Agency.
Article 11 - Project implementation, extension, halt period, force majeure and ending date
11.1The implementation period of the Project is established in art. 2 out of the Special Conditions of the Grant Agreement. The Coordinator must inform the Implementing Agency of any circumstance that could affect or delay the implementation of the Project. The Coordinator can request, with at least one month before the end of the Project’s implementation period, the extension of this period. The request must be accompanied by all the necessary evidence so that the request be taken into consideration.
11.2The Coordinator can suspend the partial or total implementation of the Project if circumstances (especially force majeure) make its continuation too difficult or dangerous. The Coordinator must inform the Implementing Agency about it with no delay and put all the necessary details at its disposal. Any party can end the Contract according to art. 12.1 of Annex 1 - General Conditions of the Grant Agreement. If the Contract didn’t cease, the Coordinator will try its hardest to make the suspension period of the contract as short as possible and to go back to implementing the project as soon as the circumstances allow it, and will inform the Implementing Agency about it.
11.3The Implementing Agency can request the Coordinator to suspend the implementation of the whole Project or just a part of it, if circumstances (especially force majeure) make its continuation too difficult or dangerous. Any party can end the Contract according to art. 12.1 of Annex 1 - General Conditions of the Grant Agreement. If the Contract didn’t cease, the Coordinator will try its hardest to make the suspension of the contract as short as possible and to go back to implementing the Project as soon as the circumstances allow it, having the prior written approval of the Implementing Agency.
11.4The period of implementation of the Project will expand with a time frame equal to the suspension time, without extending the implementation of the Project “Supporting Romanian NGOs for direct assistance to victims of human trafficking”, financed through the Swiss-Romanian Cooperation Programme.
11.5 Force majeure is any event out of the parties’ control, that does not happen because of one’s mistake or fault, that could not have been foreseen at the moment of signing the contract and that could make the Project’s implementation impossible and thus, the completion of the Project; the following events are considered force majeure: wars, revolutions, fires, floods or any other natural disasters, restrictions that are effects of quarantine, embargo. The list is not exhaustive. It is not considered a force majeure a case like those mentioned above that makes the execution of one party’s execution costly, and not impossible.
Faulty equipments or materials or their delayed availability, work conflicts, strikes or financial difficulties cannot be invoked as force majeure.