AGREEMENT TO SUPPORT UNDER THE RELIEF AND RECOVERY PROGRAMMEwith the Ministry of Resettlement OF THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA FOR THE INTERNALLY DISPLACED SRI LANKANSCITTIZENSitizens (IDSL)
THE SECRETARY TO THE MINISTRY OF RESETTLEMENT ------(hereinafter referred to as “The Ministry”) OF THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA(hereinafter referred to as “The Government”)
THE …………………………………………………………………………………………………………………………..( The Official title of the INGO / NGO) (hereinafter referred to as “The Partner OrganisationOrganization[care1]”)
(i)GIVEN that the Ministry has requested assistance from The Partner Organisation to meet the basic needs of the INTERNALLY DISPLACED SRI LANKANS(hereinafter referred to as “IDSL”) in the Wanni
(ii)GIVEN that the assistance requested by The Ministry falls well within the domain of Humanitarian assistance for which purpose The Partner Organisation has committed and has come to the Government under the auspices of the Government (GOSL) that seeks cooperation from willing partners in a spirit of solidarity to address the multi-faceted needs of IDSL
(iii)GIVEN that The Ministry and The Partner Organisation involved in this project have agreed to fully cooperate and act in consultation with each other during the establishment and implementation of this project, which is to assist IDSL in the manner and in accordance with the implementation procedures and responsibilities described in the project documentation and in the related Project Description attached as Annex A to this Agreement, its related Budget and work plan respectively set out in Annex B and C of this Agreement (hereinafter referred to as “the Project”);
(iv)GIVEN that ……………………………………………………………………………………………………………………(specify the type of assistance i.e. funds, material or advocacy) have been made available to the Project in the amount stated in the Basic Project Data for the purpose specified in the Annexes to this Agreement; and
IT IS HEREBY AGREED BY THE PARTNER ORGANISATION AND THE MINISTRY(hereinafter both collectively referred to as “the Parties”) AS FOLLOWS:
THE PARTIES SHALL
Article 1 – NATURE AND EXTENT OF COOPERATION
Agree to fulfill the respective obligations as set out in this Agreement and implement the Project described in Annex A, in accordance with related Annexes B and C
Article 2 – Project Details
2.1 Basic Project Data[care2]
a).Project Symbol and Title:
c).Effective Commencement Date:
d).Operational Time Frame:
e).Planned Completion Date:
f).Reporting periods: (Quarterly reports are required unless otherwise agreed)
(Specify the frequency and dates by when the reports should be provided)
2.2 Total Project Requirements:
a).Cash in local currency:
b).Cash in (other) convertible currency:
c).In-Kind (Estimated value and the types of in kind assistance)
d). List of funding sources.
Note : Recognizing the need to monitor financial commitments against implementation, regular financial reporting will be provided (as per Article 2.1. f) showing expenditures against agreed budgets by donor source, and and work plans and by donor source. All variances will be explained.
2.3 Financial Participation towards Total Project Requirements (state currency):
b).In-Kind (est. value):
c).The Partner Organisation:
e).List of donor sources, and where available, funding/payment schedules
Article 3 – DURATION OF THE AGREEMENT
3.1The term of this Agreement shall commence on the day the Agreement is signed, or the date the project commenced whichever is earlier, and shall end on the planned completion date. The project shall commence and be completed in accordance with the time frame or schedule set out in the Basic Project Data (Article 2)
3.2Should either Party during the implementation of the Project consider that a revision of any Terms of this Agreement or the Annexes thereto becomes advisable, including its extension beyond the planned termination date indicated in Article 2, then such a revision shall be made prior to the expiration of the Agreement and only with the written consent of the Parties.
Article 4 – GENERAL Provisions RESPONSIBILITIES OF THE PARTIES
4.1Responsibilities of the parties
4.1.1 The Parties agree to carry out their respective responsibilities in accordance with the provisions of this Agreement, as described in Annex A, and in accordance with related Annexes B and C, and in compliance with the laws and regulations of the Democratic Socialist Republic of Sri Lanka.which have been communicated in writing to the Agency before the commencement of this Agreement.
in relation to RELIEF AND RECOVERY PROGRAMME OF THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
4.1.2 The Ministry shall make available the necessary support and assistance to implement the Project in accordance with this Agreement, namely the respective employees / civil servants to support the implementation of the Project including beneficiaries of this Project.who the Agency may, but is not obliged to, use to support the Project in accordance with this Agreement..
4.1.3 The Partner Organisation shall recruit the most essential human resources to implement the Project in accordance with this Agreement, namely the respective employees / persons as the project staff (hereinafter referred to as the Partner Organisation Personnel) whose salaries and benefits are given in the Project budget (Annex B). All Project employees shall be Sri Lankan Nationals except for certain positions of the Partner Organisation required as per nature of the project and/or donor’s requirements.whose recruitment requires prior consultation with the Ministry and the Government. In such external recruitment, The Partner Organisation shall provide to the Ministry specific Job Descriptions of the position, required academic and professional profile of the person that is required to be externally recruited for the specific position.
4.1.4The Partner Organisation shall disclose and indicate under appropriate budget lines of the project budget (Annex B) all the payments, charges, consultancy fees, service charges, honoraria, travel and daily subsistence allowances and Partner Organisation HQ expenses that would be charged to the project.
4.1.5The Partner Organisation shall make available to the Ministry a copy of the annual audited donor accounts to verify that all committed funds have been expensed on the project as per this Agreement.
4.2Responsibility of Claims:
4.2.1 Either party does not accept any liability for claims arising out of the activities performed under this agreement, or any claims for death, bodily injury, disability, damage to property or other hazards that may be suffered by The other party as a result of their work pertaining to the Project. Either party shall be responsible for dealing with all claims brought against it by their/ its respective employees. It is further understood that adequate medical and life insurance for the Partner Organisation personnel, as well as insurance coverage for service incurred illness, disability or death, are the responsibility of the Partner Organisation.
The Ministry does not accept any liability for claims arising out of the activities performed under this agreement, or any claims for death, bodily injury, disability, damage to property or other hazards that may be suffered by The Partner Organisation as a result of their work pertaining to the Project. The Partner Organisation shall be responsible for dealing with all claims brought against them by respective employees. It is further understood that adequate medical and life insurance for the Partner Organisation personnel, as well as insurance coverage for service incurred illness, disability or death, are the responsibility of the Partner Organisation.
4.3Recruitment of Staff, Terms and Conditions of Partner Organisation and the Ministry Personnel:
4.3.1 The Partner Organisation undertakes to be bound by the terms and obligations specified under the relevant Labour Laws of the Democratic Socialist Republic of Sri Lanka and shall accordingly ensure that the recruitment of staff, terms and conditions of those performing Project-related activities and under the Agency’s control and direction under the present Agreement comply with the legal obligations of the Country.
4.3.2 Partner Organisation personnel shall refrain from any conduct that would adversely reflect on the Ministry and the Government, and in doing so, shall operate in accordance with codes of conduct which are compatible with the humanitarian guiding principles and the laws and regulations of the Democratic Socialist Republic of Sri Lanka with the aims and objectives of the project that is to provide humanitarian assistance to the IDSL without discrimination.
4.3.3 3 Information that is considered confidential under Article 7.2 of this agreement shall not be used without the authorization of the Ministry. Information that may compromise the mutual trust between The Ministry and the Partner Organisation shall not be used by the Partner Organisation for individual profit or political advantages . Information Information can be provided to Ddonors in accordance with Ppartner Oorganizations contractual obligations. [jsummers4]This obligation shall not lapse upon termination of this Agreement unless agreed between the Parties. In the event of the violation of this confidential clause, the Ministry reserves the right to seek remedial measures through appropriate legal means available to it.
4.4Personnel not to benefit:
4.4.1The Parties to this Agreement shall guarantee that no personnel of the Ministry or the Partner. OrganisationOrganization, has been or will be offered any direct or indirect personal benefit arising from the implementation of this agreement except for what is included under the project budget.
4.5Use of Assets:
4.5.1Where the Partner Organisation provides a right of use of assets and physical structures under this Agreement, this will be specified in a separate Agreement entitled “ The Agreement for the Receipt and the right of Use of ………………………..(place the name of the Partner Organisation) Assets” (hereinafter referred to as the “Right of Use Agreement”). Assets shall be defined as any item of property valued at US$500 or more per unit, or the equivalent in local currency at the official rate of exchange, and having a serviceable life of at least five years and brought into the project regardless of its funding source or user, including in-kind donations, vehicles and boats, plant, telecommunications, computer and security equipment, elsewhere termed “special items” shall be regarded as assets irrespective of their acquisition value by the provisions set out in this Agreement. Subject to the nature of the project, an inventory of all needs for assets will be maintained by the Partner Organizsation and will remain available on request.
4.5.2Assets provided in-kind or financed by the project funds shall remain the property of the Partner Organization during implementation and upon completion of the Project or upon termination of this Agreement, unless otherwise agreed upon in writing by the Partner Organisation. The Partner Organization shall be responsible for the proper custody, maintenance and care of all equipment. (The Partner Organisation shall obtain insurance against damage, loss, theft and third party liability.) Funds received from insurance claims are to be credited to the corresponding Project account. Disposal of assets provided or financed by the project funds shall be carried out in accordance with the rules and regulations of the Partner Organization and/or Donor and with the concurrence of the Ministry.
4.5.3If the ownership of assets is transferred to the Project after termination of this Agreement, this shall be affected on the basis of an Agreement on the Transfer of Ownership of Agency Assets.
Where the ownership of Partner Organisation assets are transferred, this shall be affected on the basis of an Agreement on the Transfer of Ownership.
4.6Procurement of Goods and Services
4.6.1The Policy of the Government of the Democratic Republic of Sri Lanka is to limit international procurement of goods and services as it believes that all supplies and services, including specialized services that are required for its Humanitarian Programme of Assistance can be purchased / obtained locally within the country. Those occasions when the Partner Organisation has demonstrated a clearly proven advantage, such as awareness of local conditions and/or specific technical expertise, the Partner Organisation will carry out such international procurement in accordance with the accepted procurement principles of the Partner Organisation and in accordance with the relevant donor policies and procedures and in accordance with the . laws and regulations of the Democratic Socialist Republic of Sri Lanka.
4.6.2Only under exceptional circumstances, and with the prior agreement of the Ministry, may a Contract for purchases of goods and/or services be concluded with other departments of the Agency that is signatory to this Agreement.
Only with the prior agreement of the Ministry, may a sub contract for the provision of services be provided , unless otherwise stipulated in the Project Description as attached under Annex A to this Agreement.
4.6.3The procurement of goods and services by the Partner Organisation will adhere to the relevant donor policies and procedures. and in accordance with the laws and regulations of the Democratic Socialist Republic of Sri Lanka.
4.7.1Either party hereto shall not be liable for the payment of any expenses, fees or any other financial cost or expense of the other party not included in this Agreement, unless such party has explicitly accepted such liability prior to the expenditure.
The Ministry shall not be liable for the payment of any expenses, fees or any other financial cost not outlined by this Agreement, unless the Ministry has explicitly accepted such liability prior to the expenditure.
Article 5 – OBLIGATIONS OF THE MINISTRY
5.1 Provision of services, staff, labour force, their salaries and wages:
5.1.1 The Partner Organisation shall undertake the implementation of the Project as set out in Annex A by making available the advisory services, technical support services and the staff and the labour force whose salaries and benefits are included in the attached project budget (Annex B).
5.2.1The Ministry shall make every effort to assist the Partner Organisation in clearing all equipment and supplies foreseen and necessary for the implementation of this Project through customs at places of entry into the Democratic Socialist Republic of Sri Lanka.
customs at places of entry into the country where activities related to the Project are to take place.
5.3Use of Funds:
5.3.1The Partner Organisation shall utilize Partner Organisation’s funds towards the cost of implementing the Project in accordance with the Project Description and Budget (Annexes A and B.)
5.4Inspection and Audit:
5.4.1The Partner Organisation shall nominate a legally accredited audit firm for the purpose of auditing the project.
5.35.1The Ministry shall endeavor to participate in the Project as defined in Article 2.3.d) and 4.1.2.
5.46Use of Land:
5.46.1As a part of the Ministry’s contribution, The Ministry shall make available to the Project, adequate land as may be required in the furtherance of the objectives of the Project as stated in the Project description (Annex A). The Ministry shall also ensure that the beneficiaries of the Project are extended rights to land as citizens of Sri Lanka.
5.57Facilitation of Travel of Partner Organisation Personnel:
5.57.1Subject to security considerations and the needs of the project, The Ministry shall facilitate the travel of The Partner Organisation personnel involved in the implementation of the Project, and ensure that it is unhindered with unrestricted access to the Project site.
Article 6 – OBLIGATION OF THE PARTNER ORGANISATION
6.1Remittances and Donations:
6.1.1The Partner Organisation shall remit funding to its designated bank account as stated in the Basic Project Data, or in case of in kind donations, the Partner Organisation shall deliver the agreed goods/items to the location agreed in advance in order to initiate programming with ten working days of signing this Agreement.
6.1.2The Partner Organisation shall, thereafter , make sure that funds remain available in its designated bank account commensurate with the progress of the Project and in accordance with the Project’s liquidity status as evidenced by Project Financial Reports. A forecast of indicative cash requirements by source has been agreed and stated in the Basic Project Data of Article 2.
6.2Use of Funds:
6.2.1The Partner Organization shall utilize Partner Organization’s funds towards the cost of implementing the Project in accordance with the Project Description and Budget (Annexes A and B.)
6.3Inspection and Audit:
6.3.1The Partner Organization shall nominate a legally accredited audit firm for the purpose of auditing the project.
6.42Additional Partner Organisation Participation:
6.24.1The Partner Organisation shall endeavor to raise contributions, in cash or in kind, to meet the aims and objectives of the Project and which add to the value stated in the Basic Project Data (Article 2) and as described in the Project Description and Budget annexed hereto. In the event of raising such additional resources for the project, the Partner Organisation will keep the Ministry informed of any additional funding by source, and where available in support of the project under this agreement.
6.53Taxation and Customs:
6.53.1The Partner Organisation shall be fully exempt from any tax liability for the Project Budget as set out in Annex B (in terms of Section 102 of the Inland Revenue Act no 10 of 2006 and Section 96A of the Inland Revenue Act no: 38 of 2000) being a Emergency Relief Project approved by the Minister as being humanitarian in nature.
The Partner Organisation shall consult with The Ministry on whether and how these payments may be avoided under the applicable national legal requirements, financial rules of The Government and the expressed policies of the Government.
6.64.1The Partner Organisation shall ensure that all customs and registration documents, licenses and operating permits which may be required for the importation of Project supplies and the operation of equipment will be applied for in ample time prior to the forecasted importation date in order to avoid delays at the port of entry. The Partner Organisation shall indicate to the competent authorities that the Project supplies are bought with funds raised for the project and such supplies are part and parcel of the project. The Ministry shall assist the Agency in obtaining customs and registration documents, licenses and operating permits which may be required.