anexa 5.3_ghid benef de grant

8/13/2019 Anexa 5.3_Ghid Benef de Grant

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Programme funded by the European Union

GUIDELINES FOR THESELECTED APPLICANTS

DURING THE

CONTRACTING PROCESS

Congratulations for being selecte! "e #is$ %ou success #it$ t$e i&'le&entation of %our 'ro(ect!

)* Pur'ose of t$e Guielines for t$e selecte a''licants

The present Guidelines for applicants is addressing to the applicants being selected at the end of the callfor proposals and who must take now the necessary steps in order to conclude a grant contract financed bythe Joint Operational Programme Romania-Ukraine-Republic of oldo!a "##$-"#%&'

The Guidelines are aimed(

- To e)plain the stages of the contracting process and thus ensure its transparency*

- To clarify the role and responsibilities of e!ery actor in!ol!ed in the contracting process*

- To describe the support acti!ities to be pro!ided by the Joint Technical +ecretariat ,JT+. a!ailablefor the selected applicants during the process*

- To pre!ent errors and potential delays during the contracting phase*

- To make recommendations aimed to support further implementation of the selected pro/ects*

- To create good basis for a proper spending of the non-reimbursable funds and. as a conse0uence.the absorption of the 1ommunity funding'

The contracting process is structured as a se0uence of mandatory stages that should take place in a settimeframe. so that the Joint Operational Programme Romania-Ukraine-Republic of oldo!a "##$-"#%& fullybenefits of the a!ailable funds and the selected applicants ha!e a 0uick access to non-reimbursablefunding'

The applicants who were selected at the end of the e!aluation process are supported by the JointTechnical +ecretariat ,JT+ during the process of concluding the grant contract with the Joint anaging2uthority ,J2 3 the inistry of Regional 4e!elopment and Tourism. Romania. and also in preparing thenecessary documents that will accompany the grant contract'

The selected applicants and their partners are re0uested to act with due care and diligence so that thecontracting process can run efficiently. without drawbacks. the grant contract to be concluded in areasonable timeframe and the non-reimbursable funding to be a!ailable for the pro/ect to start itsimplementation'

5ailure of the selected applicants to comply with the re0uirements and deadlines specified in the writtennotifications send by the JT+ may lead the J2 to end the contracting process and recommend to the J1to re/ect the grant application' 6n this case. the pro/ects included on the reser!e list will be in!ited tostart the contacting procedure'

The contracting process starts with a written notification stating that the selected applicant agrees withthe grant amount and percentage appro!ed by the J1. as well as with the recommendations madeconcerning the grant application' 6n this respect. the selected applicant must forward to the JT+ the+eneficiar%,s State&ent ,attached to these Guidelines. duly signed by the legal representati!e andstamped. which confirms his agreement on the signature of the grant contract for the amount andpercentage of non-reimbursable funding as appro!ed by the J1. and also to make a!ailable and spendduring the implementation period the co-financing amount he committed to. as well as any not-eligible orother pro/ect related costs'


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7y filling in and signing the 7eneficiary8s +tatement. the selected applicant commits to inform and consultwith his partners and they. as a rule. appro!e the compulsory conditions to conclude the grant contract'Their appro!al will be then e)pressed in written form by signing the Partnership 2greement'

6f the selected applicant and his partners do not agree with the grant amount and percentage appro!ed bythe J1. or with the recommendations made concerning the grant application. or if the selected applicantdoes not forward to the JT+ the 7eneficiary8s +tatement signed. the JT+ may recommend the J2 there/ection of the grant application'

-* Roles an res'onsibilities of t$e &ain actors uring t$e 'rocess

T$e .oint /onitoring Co&&ittee 0./C1

- 2ppro!es the final list with the selected pro/ects*

- 4ecides on the opportunity to conclude a grant contract. if the J2 gi!es information aboutirregularities identified during the process*

- Takes the final decision if there is a recommendation to re/ect a grant application

T$e .oint /anaging Aut$orit% 0./A1- 9erifies and appro!es the reports drafted by the JT+ during the contracting process and may

participate to on-site !isits as obser!ers*- 9erifies the grant contract dossiers compiled by the JT+. signs the grant contracts and forwards

them to the JT+*

- ay re0uest any information and clarification during the contracting process

T$e .oint Tec$nical Secretariat 0.TS1- +upports the J2 during the contracting process*

- Performs on-site !isits*

- +upports the selected applicants during the contracting stage

T$e selecte a''licant an $is 'artners- Pro!ides to the JT+ the necessary documents and information in order to conclude the grant

contract. according to programme re0uirements. and within the deadlines*

- Ensures correctness and compliance for the documents pro!ided*

- 2llows and supports the access of the JT+:J2 to its premises. including the location,s where thepro/ect will be implemented*

- 1omplies with the re0uirements and deadlines of the contracting process with due care anddiligence

2* Ste's of t$e contracting 'rocess

Ste' Dealine

)1 T$e final list #it$ t$e selecte 'ro(ects is a''ro3ean t$e Decision of t$e Hea of t$e ./A is issue

after the endorsement of theEuropean 1ommission on the finallist with selected pro/ects is gi!en

-1 A#ar notification to t$e selecte a''licants an tot$e a''licants on t$e reser3e list

- #or4ing a%s

,from issuing the 4ecision of the;ead of the J2

- The selected applicants are informed about the amount and percentage of the non-reimbursablefunding appro!ed by the J1. as well as with the recommendations made concerning the grant

application'

21 T$e .TS notifies t$e selecte a''licants about t$eocu&ents necessar% to conclue t$e grant contract5

- #or4ing a%s


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Ste' Dealine

t$e ealine #$en t$e% &ust be a3ailable5 incluingt$e ate for t$e on6site 3isit

,from issuing the 4ecision of the;ead of the J2

- The JT+ notification specifies( the deadline when the documents necessary to conclude the grantcontract must be a!ailable to be checked. the date when the on-site !isit is scheduled. the supportacti!ities for the selected applicant during the contracting period and the contact person,s towhom he may address for assistance'

- 6f due to properly /ustified reasons. the selected applicant cannot collect and make a!ailable forchecking all the necessary documents to conclude the grant contract. or if after they are !erifiedby the JT+ it will be considered that some aspects must be clarified. the JT+ may gi!e to theapplicant no more than 7 #or4ing a%s after the deadlinespecified in the notification to pro!ideall the clarifications and:or additions needed'

- 6f due to properly /ustified reasons. pre!iously notified in writing to the JT+. the selected applicantis not a!ailable for the on-site !isit. he may agree with the JT+ on an alternati!e date only if thecontracting process is not /eopardi


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Ste' Dealine

- 1hecking the information pro!ided within the grant application*

- 1larifying some aspects concerning the grant application ,e'g' if inconsistencies were identified. ifsome costs need to be detailed. with the agreement of the selected applicant. without puttinginto discussion the grant award decision and the grant amount. and by strictly complying with thegrant application*

- 2naly


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Ste' Dealine

):1 T$e selecte a''licant confir&s $is a3ailabilit% to signt$e grant contract on t$e ate set 9 re=uests to re6sc$eule t$e grant contract signature

7 #or4ing a%s

,from the date the notification toannounce the date for the grantcontract to be signed is sent by theJT+

- 6f due to /ustified reasons. the selected applicant notifies the JT+ that he is not a!ailable to signthe grant contract on the date set. he may propose an alternati!e date within a ma)' )? #or4inga%speriod from the initial date'

- 6f the selected applicant does not notify to the JT+ the reasons for which he is not a!ailable to signthe grant contract on the date set. or if those reasons are not substantiated and the contactingprocess is /eopardi


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representati!e or of the mandated person. ha!ing a !alid mandate in this respect and legiblestamp'

f The documents must not ha!e corrections or modifications'

g 6f the case may. the documents should be !alid on the date on-site !isit takes place'

S'ecial re=uire&ents4uring the contracting process. special attention shall be gi!en to the Partners$i' Agree&ent,anne)ed tothese Guidelines and to the Decision0s1 of t$e e&'o#ere boiesof the selected applicant and pro/ectpartners showing their commitment to make a!ailable and spend during the implementation period thecorresponding co-financing ,as it was mentioned in the Partnership +tatements'

T$e Partners$i' Agree&ent

- ust be pro!ided in A originals. filled in. and signed by the authori


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6t is also recommended to use E)cel sheets with formulas. so that mathematical errors could be pre!ented'The selected applicants may re0uest for the JT+ support in choosing and using the appropriate format'

Nota bene( The instructions gi!en within the present Guidelines are not e)hausti!e and represent aminimum which cannot take into consideration any particular possible situation'

)* Hu&an resources

- 2t the budget heading )*) Salaries ,gross salaries including social security charges and otherrelated costs. income ta)es. local staff it is recommended to check and ensure consistencybetween the function which is budgeted and the corresponding Job description'

- +alaries should be those normally borne by the organi


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2* E=ui'&ent an su''lies

Nota bene( The numbering of the budget heading is different for Priorities %K" 3 cap'A. and for Priority & 3cap'&'

- 6t is recommended to insert distinct sub-lines to detail different categories of e0uipment andsupplies'

- 6n case the same category of e0uipment is to be procured by partners from different countries. andthe unit rate may be different in different countries. it is recommended to insert distinct budget

sub-lines showing the different unit rates' The responsible partner should also be indicated in thedescription of the budget sub-line'

- The procedure to be applied for the procurement of a certain type of e0uipment or supply willtake into consideration their total !alue and must comply with the pro!isions of 2nne) 69 1ontractaward procedures'

- 6t is forbidden to indicate a certain trademark or supplier'

Recommended unit rate(per pieceorper contract'

6f the unit rate is per contract, the corresponding budget sub-line should indicate the number ofpieces:units'

E)ample(

Costs Unit No of units Unit rate

0in EUR1

Costs

0in EUR1

2* 2* E=ui'&ent or su''lies

&'" 5urniture. computer e0uipment

&'"'% Laptops perpiece

& # F&D#

&'"'"'% 9ideo camera 3 applicant RO perpiece

% A# F%DA#

&'"'"'" 9ideo camera 3 P% ,4 perpiece

" "# F"D"#

&'"'& L14 monitor , pieces percontract

% $### F%D$###

8* Local office

Nota bene( The numbering of the budget heading is different for Priorities %K" 3 cap'. and for Priority & 3cap'A'

- The heading includes costs for rooms especially rented for the pro/ect acti!ities ,e'g' office room

for the pro/ect team. room for running certain pro/ect acti!ities'- 2t the budget lines 8*- Office rent and 8*8 Ot$er ser3ices ,phone:fa). electricity:heating.

maintenance. it is recommended to indicate the acti!ity needing the office room and the pro/ectpartner benefiting from it. according to the grant application ,e'g' if office room is rented for theimplementation team. G2 % Pro/ect management and coordination will be indicated'

E)ample(


0in EUR1

Costs

0in EUR1

7* 8* Office costs

8*- Office rent

A'"'% Office rent 3 applicant ,RO.acti!'%'%

permonth

%" # F%"D#

A'"'" Office rent 3 P% ,4. acti!'"' per % "## F%D"##


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0in EUR1

Costs

0in EUR1

,consultancy for''' month

''''

8*8 Ot$er ser3ices

A'A'% Other ser!ices 3 applicant ,RO permonth

%" %## F%"D%##

7* Subcontracte ser3ices

Nota bene( The numbering of the budget heading is different for Priorities %K" 3 cap'H. and for Priority & 3cap''

- 2t the budget line 7*) Publications5 it is recommended to insert distinct budget sub-lines for eachcategory of publication to be reali


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- 1osts for E)penditure !erification for the Romanian applicants:partners are not eligible. as it isensured by the territorial units of the J2- the inistry of Regional 4e!elopment and Tourism.Romania'

E)ample(


0in EUR1

Costs

0in EUR17* Subcontracte ser3ices

7*2 E@'eniture 3erification

'&'% E)penditure !erification 3 P% ,4 percontract

% ## F%D##

'&'" E)penditure !erification 3 P" ,U2 percontract

% ## F%D##

- 1osts at the budget line 7*8 E3aluation costsshould not be nu confused with costs at the budget

line '& E)penditure !erification' They represent e!aluations which are pro/ect specific anddescribed as such within the grant application'

- 6t is recommended to indicate the pro/ect partner which is responsible to perform pro/ecte!aluation'

- Recommended unit rate( per contract. per report or similar'

E)ample(


0in EUR1

Costs

0in EUR1


7*8 E3aluation costs

'A'% E!aluation of the action 3 applicant,RO

percontract

% # F%D#

'A'" E!aluation of the action 3 P% ,4 percontract

% "%# F%D"%#

- 1osts at the budget line 7*7 Translation5 inter'retersshould not be included as lump sums' 6t isrecommended to describe the type of ser!ice is needed and the acti!ity associated with thisser!ice. as well as the partner who will benefit of these ser!ices. according to the grant

application'- Recommended unit rate( per contract. per page. per hour. per day. per e!ent'

E)ample(


0in EUR1

Costs

0in EUR1


7*7 Translation inter'reters

''% Translator RO-EC. acti!'&'H 3

applicant ,RO K P% ,4

per

contract

" # F"D#

''" 6nterpreter U2-RO and RO-U2.acti!'&'%. acti!'&'&. acti!'&'A

per day H $ FHD$


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- 2t the budget line 7*; Costs of conferences9se&inarsit is recommended to indicate( location ofthe e!ent. total number of participants. number of days. brief description of the necessaryser!ices. the acti!ity associated and the partner who is responsible according to the grantapplication'

- The budget line will be detailed only if the grant application pro!ides the necessary information' 6sforbidden to add supplementary information or to modify those already included in the grant

application'- Press conferences. launching:closing conferences should not be included. but they ha!e to be

budgeted at ' 9isibility actions'

- 6f per diems are foreseen for some participants at a certain e!ent ,conference:seminar to supportaccommodation. meals and local transportation costs. catering ser!ices ,meals for the e!ent are/ustified only for those participants not recei!ing per diem'

E)ample(

+eminar in Odessa 3 with %## participants out of which " participants recei!e per diems' 1atering ser!icescan co!er meals only for $ participants'

- Recommended unit rates( per contract. per e!ent. per day or per participant'

E)ample(


0in EUR1

Costs

0in EUR1


7*; Costs of conferences9se&inars

'$'% +eminar Odessa

,%## participants. " days. acti!'&'% 3 P"

,U2( meals for $ participants. roomrenting. coffee breaks

percontract

% $$## F%D$$##

'$'" +eminar 1hisinau

,# participants. % day. acti!'&'& 3 P%,4( meals for $# participants. coffeebreaks

per day % H## F%DH##

'$'& +eminar 9aslui

, participants. & days. acti!'&'A 3applicant ,RO( room renting

perparticipant:day

D& F#D

- 2t the budget line 7*< Bisibilit% actionsall the costs for promoting the E1 contribution to the2ction. including promotion of the pro/ect8s results and impact. according to the grant application.should be included'

- E)amples of costs reimbursable from this budget line( press conferences. conferences forlaunching:closing the pro/ect. !ideo:audio spots. films. web pages etc'

- Each !isibility acti!ity should be detailed on a separate budget sub-line'

- These acti!ities will be the sub/ect of separate reports during the implementation process'

- 6t is recommended to briefly describe the characteristics of e!ery !isibility action. the associatedacti!ity and the partner who is responsible'

E)ample(


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0in EUR1

Costs

0in EUR1


7*< Bisibilit% actions

7* E@ternal e@'erts

''% 1onsultant for the pro/ectmanagement ,acti!'%'% 3 P" ,U2

percontract

% A### F%DA###

''" +ociologue e)pert ,acti!'A'A3applicant ,RO

percontract

% "# F%D"#

:* Ot$er

Nota bene The numbering of the budget heading is different for Priorities %K" 3 cap'$. and for Priority & 3cap'H'


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The budget heading shall include all the costs not budgeted at other headings or lines'

- 6t is recommended to insert distinct budget sub-lines for e!ery type of e)penditure. indicate theassociated acti!ity and the partner who is responsible'

;* Pro3isions for contingenc% reser3e 0&a@i&u& 7 fro& t$e subtotal irect eligible costs of t$e2ction

Nota bene( The numbering of the budget heading is different for Priorities %K" 3 cap'. and for Priority & 3cap'$'

- The JT+ will check if the percentage left after applying the budget reductions. correction of themathematical errors and remo!al of the non-eligible costs'

)?* A&inistrati3e costs,ma)imum $B from the total direct eligible costs of the 2ction

Nota bene( The numbering of the budget heading is different for Priorities %K" 3 cap'%%. and for Priority &3 cap'%#'

These costs include administrati!e costs with the own office,s paid by the applicant and:or his pro/ectpartners for the pro/ect implementation ,e'g' rent. electricity. water-sewerage. heating. phone. internet.consumables'

- The JT+ will check if the percentage left after applying the budget reductions. correction of themathematical errors and remo!al of the non-eligible costs'

2*2 Correction of inconsistencies ientifie #it$in t$e grant a''lication

6f inconsistencies between different section of the grant application are identified ,Grant 2pplication.7udget for the action. the Logical 5ramework. the JT+ will check together with the selected applicantsand agree on the way to correct them'

The J2 will be informed about the way inconsistencies were corrected'

2*8 Pro(ect inicators* Progra&&e inicators*

4uring on-site !isit and based on the grant application. the JT+ and the selected applicant will establish alist of indicators to be monitored at pro/ect le!el after the grant contract signature'

oreo!er. on the basis of the grant application. the selected applicant and the JT+ will also identify and0uantify those programme indicators which may be supported by the pro/ect ,section 96' 6ndicators'

2*7 Su''ort acti3ities for t$e selecte a''licants

The JT+ will support the selected applicants during the contracting process. including preparation of thenecessary documents ,e'g' Partnership 2greement. re!ision of the pro/ect budget'

2fter a pre!ious phone re0uest. the selected applicants may reach the JT+ head0uarters ,+ucea!a : 6asifor indi!idual consultation. may send the draft !ersion of documents by e-mail in order to be checked bythe assigned e)perts. and may recei!e assistance during on-site !isit'

The present document is a!ailable on the programme web page( www'ro-ua-md'net

8* Anne@es

- The 7eneficiary8s +tatement

- odel of Partnership 2greement
http://www.ro-ua-md.net/http://www.ro-ua-md.net/


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+ENEFICIAR,S STATE/ENT

6. the undersigned M'''N. authori


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The information pro!ided by the pro/ect are correct'

The applicant and its partners are eligible as per +ection "'%'% of the Guidelines for grantapplicants'

Date: Signature:


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Progra&&e finance b%

T$e Euro'ean Union

) Sub(ect of t$e agree&ent

%'% The sub/ect of this agreement is the organisation of a partnership in order to implement thepro/ect financed by the Joint Operational Programme Romania-Ukraine-Republic of oldo!a"##$-"#%&. call for proposals M"## : "#%# : "#%%N. Mtitle of the actionN'

%'" Through the present agreement. the parties establish their right and duties. the way ofachie!ing their tasks and the relations between Lead partner and Partners. which shallapply in order to achie!e the goals of the abo!e-mentioned action'

%'& The terms and conditions of the present e)press of will. which is constituted by the presentagreement and its anne)es. are known and accepted by all partners'

%'A 7y means of this agreement. the parties acknowledged and agreed with the grant amountand percentage from the total eligible costs of the 2ction to be financed by the Jointanaging 2uthority'

- Duration of t$e agree&ent

"'% The Partnership 2greement enters into force on the day the Grant contract enters to force'

"'" The Partnership 2greement shall continue until all obligations of the Lead Partner as

written in the Grant 1ontract are fulfilled'

2 Di3ision of tas4s bet#een t$e 'artners

2cti!ities to be implemented by the Lead Partner and his pro/ect Partners are specified in2nne) %. part of this Partnership 2greement'

8 Balue of t$e 'ro(ect

The total !alue of the pro/ect is Mamount in figuresN. Mamount in lettersN. out of which(

- the total eligible !alue of the pro/ect is Mamount in figuresNEUR

- ECP6 contribution is Mamount in figuresN EUR and M'''NB

- the own contribution of the partners is Mamount in figuresN EUR and M'''NB

The distribution of the budget for the action between the pro/ect partners is summari


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7*8 Furt$er transfers of funs

a The Lead Partner is responsible for transferring funds to the accounts of the pro/ectPartners in an appropriate amount. according to the re0uest for payment appro!ed by theJoint anaging 2uthority'

b The Lead partner shall make transfer of funds to the pro/ect Partners on the basis ofindi!idual re0uests of payment issued by e!ery pro/ect Partner'

c 6n this respect. the Lead Partner must inform the pro/ect Partners that he has the intentionto submit a collecti!e re0uest for payment to the Joint anaging 2uthority:JT+. in due timeto allow them to prepare their indi!idual re0uests for pre-financing payment'

d The basis to submit to the Joint anaging 2uthority any collecti!e ,interim : final is thate!ery indi!idual payment re0uest submitted by the pro/ect Partners to the Lead Partner. isaccompanied by the corresponding report on e)penditure !erification. issued by theappropriate controller:auditor'

e 6n this respect. the Lead Partner and all partners must present their documents to the firstle!el controllers or auditors. in order that these documents are !erified before the drafting.elaboration and forwarding the re0uests for payment'

f The transfer of funds to the pro/ect Partners must be done without any delay. in due timeto allow smooth implementation of the pro/ect. only in the EUR accounts indicated in the5inancial 6dentifications pro!ided by the Partners. no later than -? calenar a%sfrom theday the payment is made by the Joint anaging 2uthority ,J2 in the account of the LeadPartner'

g The Lead Partner is responsible to check with his pro/ect Partners and periodically informthe J2 that co-financing for the pro/ect is pro!ided as it was committed within the presentagreement'

: Rig$ts an obligations of t$e Lea Partner

:*) Co&&unication #it$ t$e &anage&ent structures of t$e 'rogra&&e

a The Lead Partner is the only entity entitled to contact the J2' The Lead Partner is obligedto make a!ailable to the other Partners. both in paper and electronic form. documents andinformation recei!ed from the J2:JT+ and useful in implementation of their acti!ities'

b 2t any time. the partners may apply to the Lead Partner for re0uesting the J2:JT+ forinformation necessary for correct implementation of their part of the Pro/ect' 6n such cases.the Partner is obliged to simultaneously transmit to the Lead Partner all rele!antinformation and documents necessary to support the re0uest. and the Lead Partner mustpass on this re0uest to the J2:JT+ without any delay'

:*- T$e grant contract

a 6n %# calendar days after the contract signature. the Lead Partner is responsible to pro!ideall the pro/ect Partners with a copy of the contract. including its anne)es'

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b The Lead Partner must seek for the agreement of the pro/ect Partners before initiating any

modification of the grant contract'

c The agreement of e!ery Partner must be e)pressed in writing and attached to any re0uestfor modification of the grant contract. forwarded by the Lead Partner to the J2:JT+'

:*2 I&'le&entation of t$e grant contract

a The Lead Partner is responsible before the J2 for the general coordination. managementand implementation of the entire 2ction'

b The Lead Partner is responsible for the correct management of ECP6 amounts. according tothe pro!isions of the grant contract and of the present agreement'

c The Lead Partner ensures the timely start of the pro/ect implementation and that it isentirely implemented in due time and according to the obligations pro!ided by the grantcontract'

d 7efore the grant contract signature. until the on-site !isit to take place. the Lead Partnermust !erify by any means that the information pro!ided by the pro/ect Partners within thegrant application form is real and accurate ,e'g' a!ailability of material. human andfinancial inputs to be pro!ided to the pro/ect. as well as any other information concerningthe Partners and mentioned within the grant application form'

e The Lead Partner is responsible to monitor the progress of Pro/ect outputs and resultindicators during implementation'

f The Lead Partner is responsible to implement the actions established with the partners.

necessary for full implementation of pro/ect targets. as foreseen in the grant contract'

g The Lead Partner shall notify the J2 regarding any e!ents that may result in delays in theimplementation of the pro/ect and:or that may affect the budget. regardless if he disco!ersthese e!ents on its own or if other partners inform him on these aspects'

:*8 Re'orting

a The Lead Partner collects all documents from the pro/ect Partners in order to complete thetechnical and financial interim report : final implementation report. 0uarterly progressreports. re0uests for payments. and all other necessary documents. and notify the partnersabout the deadlines for submitting them'

b The Lead Partner must re0uest any information and additional documents from thepartners. necessary for drafting the documents re0uested by the J2:JT+' The Lead Partnerhas the obligation to mention in the re0uest the deadline for the partners'

c The Lead Partner shall send periodically. to each partner. copies of the 0uarterly progressreports submitted to the JT+:J2 and shall inform them regarding the rele!antcommunications with the implementing bodies of the programme'

d The Lead Partner must ensure the correctness of the technical and financial interimreport : final implementation report. 0uarterly progress reports. re0uests for payments.and all documents drawn up by the Pro/ect Partners'

e The Lead Partner informs all partners regarding the appro!al of the technical and financialinterim report : final implementation report and re0uests for payment'

f The Lead Partner is responsible for keep track of the pro/ect acti!ities. of the amountsrecei!ed from the J2 and of the transfers to the partners'

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g The Lead Partner must notify all partners regarding any situation that may lead to the

temporary or permanent impossibility or to any other drawback in the implementation ofthe action'

:*7 /onitoring on6site 3isits

The Lead Partner shall centrali


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e The Partner shall comply with the national and European legislation in general and

especially on public procurement. state aid. e0ual opportunities. sustainable de!elopment.and en!ironmental protection'

f The Partner must notify the Lead Partner regarding any situation that may lead to thetemporary or permanent impossibility or to any other drawback in the implementation ofthe action in ma)imum & working days from the e!ent'

;*2 Re'orting

a Each partner must submit to the Lead Partner any documents necessary for drafting specificdocuments re0uested by the J2:JT+ or other implementing bodies of the programme'

b The Partner supports the Lead Partner in drawing up technical and financial interim report :

final implementation report. 0uarterly progress reports by pro!iding the re0uired datadrafts on time and submits to the Lead Partner all necessary data for the re0uests forpayments in the deadline'

c The partners must send to the Lead Partner in due time the corresponding reports for theirshare of 2ction. according to the calendar agreed with the Lead Partner' The reports mustbe issued in English and signed by the legal representati!e of the Partner' oreo!er. thecertificate issued in English. on the basis of the e)penditure !erification report. must bearthe mention >according to the original? and the pro/ect code'

d The partners must present the documents related to the e)penditures to the first le!elcontrol : the selected audit company and then submit the technical and financial reportsand the e)penditure !erification report to the Lead Partner. for centrali


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;*7 Irregularities

a 2ll partners understand that the J2 is entitled to !erify and to control the proper use offunds by the Lead Partner or by its partners' The !erifications to be carried out by JT+:J2shall co!er administrati!e. financial. technical and physical aspects of 2ction. asappropriate' The JT+:J2 shall be responsible for the control of the proper use of funds bythe Lead Partner or by its partners. by pre!enting. detecting and correcting irregularitiesand reco!ering amounts unduly paid. together with interest on late payments whereappropriate'

b Each partner is liable for any irregularities found in implementation of the Pro/ect tasksspecified for a gi!en Partner in the 2pplication 5orm' 5or the irregularities committed by apartner. the Lead Partner has the right to turn against the respecti!e partners. by any legalmeans. in order to reco!er the amounts paid to the J2'

c 2ny e)tra payment done by the Lead Partner to a partner is considered unduly paidamount. and the partner has to repay the respecti!e amounts in days from the recei!ingdate of the notification from the Lead Partner' The bank charges resulted from reimbursingthe unduly paid amounts are borne e)clusi!ely by the partner'

d Each partner. including the Lead Partner. shall be responsible to the other partners andshall pay for the damages resulted from not respecting the tasks and obligations establishedby the present agreement'

e Each partner is responsible for the damages caused to third parties from its own faultduring the implementation of the action'

< Reco3er% of funs'% +hould on the basis of the progress. interim or final reports controls conducted by

authori


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2ll information obtained during implementation of the pro/ect. and not constituting

information sub/ect to publication. should be treated as confidential. if re0uired by anyPartner or institution participating in the pro/ect implementation'

)) Conflict of interests

%%'% 6n the present agreement. there is a conflict of interests where the impartial andob/ecti!e e)ercise of the functions of any person under this agreement is compromised forreasons in!ol!ing family. emotional life. political or national affinity. economic interest orany other shared interest with another person'

%%'" The parties undertake to take all necessary precautions to a!oid conflicts of interestsand shall inform the Lead Partner without delay of any situation constituting or likely tolead to any such conflict. in up to ,fi!e days from finding out. on any circumstances thatha!e generated or may generate such a conflict' The Partner shall sol!e the conflict ofinterest within days from the notification of any such situation without re0uiring anycompensation from the Lead Partner' 2ny conflict of interests that arises during theimplementation of the pro/ect shall be immediately notified by the Lead Partner to the JT+and J2. which reser!es the right to !erify such circumstances and take the necessarymeasures. where necessary'

)- Go3erning La# an Dis'ute Resolution

%"'% The go!erning law for this 2greement is the national law of the Lead Partner'

%"'" 6n case of disputes between the parties related to interpretation or implementation of

the present Partnership 2greement. they will try to sol!e them by mediations' To this aimeach Partner will appoint one independent mediator' The tasks of the mediators team willinclude preparation within one-month from the creation of the team. a solution to thedispute'

%"'& 6f all Partners do not accept the solutions proposed by the mediators. the dispute will besub/ect to the general court competent for the office of the Lead Partner'

)2 Force &a(eure

%&'% 2ccording to the present agreement. the >force ma/eure? represents any unforeseeablee)ceptional situation or e!ent beyond the parties8 control which pre!ents either of themfrom fulfilling any of their contractual obligations. is not attributable to error or

negligence on their part ,or the part of their subcontractors. agents or employees. andpro!es insurmountable in spite of all due diligence' 4efects in e0uipment or material ordelays in making them a!ailable. labour disputes. strikes or financial difficulties cannot bein!oked as force ma/eure'

%&'" The partner that states that it is a case of >force ma/eure? has the obligation to notifythe other parties within days from the date the case of >force ma/eure? is installed andto pro!e the e)istence of this situation within % days' 6n case the >force ma/eure? stops.the e!ent must be notified to the other parties within days stating the nature. probableduration and foreseeable effects of the problem. and take any measure to minimisepossible damage'

%&'& 6f the notification procedure is not respected. the responsible partner shall co!er allcosts'

%&'A The e)ecution of the contract is suspended during the period of >force ma/eure?'

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)8 A&en&ent of t$e agree&ent

%A'% 2ny modification to this Partnership 2greement can be made only with the agreement ofall parties and takes the form of an addendum to the present agreement'

%A'" 2ny intent to modify the Partnership 2greement. including its anne)es. will be notified inwriting to the Lead Partner' 2s the Partnership 2greement is an anne) to the grantcontract. the Lead Partner is responsible to inform the JT+:J2 about the intendedmodifications and seek for its prior appro!al'The Lead Partner will also be informed aboutthe applicable procedure to follow ,notification or addendum of the grant contract'

%A'& 2ddendum enter into force the ne)t day after signature by the last party. e)cept the casewhen it confirms modifications occurred in the national:European applicable legislationwith impact on the implementation of the present agreement. modifications that becomeeffecti!e from the date the respecti!e legal acts enter into force'

%A'A 2ny breach of the pro!isions of the present 2greement may result in the termination ofthe present 2greement and in decommitment of financing and repayment of amountsunduly paid'

)7 Final Regulations

%'% The agreement is made in ,number of " copies in English' Each party recei!es one copy ofthe Partnership 2greement'

Unless agreed otherwise by the parties. all communication within the Partnership will takeplace in English'

Lea Partner

BOTOSANI PUBLIC HEALTH DEPARTMENT

7OTO+2C6 PU7L61 ;E2LT;E 4EP2RTECT

M+ignatureN

Partner8

DISTRICT COUNCIL OF HLIBOKA

5

M+ignatureN

4To be multiplied for each partner'

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): List of Anne@esThe following anne)es must comply with the grant application form and be agreed between thepartners and attached to the Partnership 2greement ,no templates pro!ided(

2nne) %( 4i!ision of tasks between the partners

2nne) "( +chedule for programmed acti!ities

2nne) &( 7udget of the 2ction to be implemented by e!ery pro/ect partner

2nne) A( +chedule for re0uests for payment and technical and financial interim reports :final implementation report

anexa 5.3_ghid benef de grant

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