COLLABORATION AGREEMENT BETWEEN UNVERSITATEA “VASILE ALECSANDRI” DIN BACAU
COMUNIDAD DE REGANTES DE PLIEGO CONCERNING THE ERASMUS + PROGRAMME
KEY ACTION 2
PROJECT NUMBER 2019-1-RO01-KA203-063870
This Agreement, drawn up under the Erasmus+ Programme Key Action 2, shall govern the relations between:
UNIVERSITATEA “VASILE ALECSANDRI” DIN BACAU (UBc), based in Bacau city, Bacau County, Romania, hereinafter referred to as «the Coordinator” of the aforementioned project, represented for the purposes of signature of this Agreement by Mr. Carol SCHNAKOVSZKY, Rector, on the one part, and
COMUNIDAD DE REGANTES DE PLIEGO, with registered offices in Pliego, Spain, hereinafter referred to as «the Partner«, represented for the purposes of signature of this Agreement by Mr., Martín JIMÉNEZ FERNÁNDEZ, President,
on the other part, which have agreed as follows:
Article 1. Subject
The Coordinator and the Partner commit themselves to carrying out the work programme covered by this agreement. This agreement shall regulate relations between the parties, and their respective rights and obligations with regard to their participation in the project MULTITRACES: Multidisciplinary training in circular economy and smart valorisation of the rural area for new business models, with ID 2019-1-RO01-KA203-063870.
This work programme comes under the Agreement number 2019-1-RO01-KA203-063870, signed between the Coordinator and the Agenția Națională pentru Programe Comunitare în Domeniul Educației și Formării Profesionale (ANPCDEFP).
By signing this Agreement and its Annexes which are an integral part of this agreement, the two parties accept the financing and agree to carry out the Project, assuming full responsibility for its implementation.
The Agreement is accompanied by the following Annexes which each party declares to have read and approved:
- Annex I — General conditions for Multi beneficiaries
- Annex II – Description of the project: Transnational project meetings, intellectual outputs, multiplier events, learning activities and budget approved by the Agenția Națională pentru Programe Comunitare în Domeniul Educației și Formării Profesionale (ANPCDEFP), hereinafter referred to as National Agency.
- Annex III – Financial and contractual rules
- Annex IV: Rates applicable for unit contributions
The final financial contribution shall depend on the evaluation of the quality of the results of the project MULTITRACES: Multidisciplinary training in circular economy and smart valorisation of the rural area for new business models, with Agreement number 2019-1-RO01-KA203-063870, pursuant to the rules laid down at Community level, particularly in the Guidelines for Administrative and Financial Management and Reporting, but shall, under no circumstances, give rise to a profit.
The beneficiary university educational institutions under the Agreement will comply with the provisions of the Erasmus University Charter.
Article 2. Entry into force and duration of the agreement
The project referred to in Article 1 has duration of 36 months. It starts on 1st September 2019 and ends on 31st August 2022
This agreement enters into force on the date of signature by the last of both participating parties to the agreement and terminates at the moment of payment of the balance of the agreement.
The period of eligibility of the costs starts on 1st September 2019 and finishes on 31st August 2022.
Article 3. Obligations of the Coordinator
The Coordinator shall undertake:
- To take all the steps necessary to prepare for, perform and correctly manage the work programme set out in this agreement and its annexes, in accordance with the objectives of the project as set out in the Agreement 2019-1-RO01-KA203-063870 concluded between the National Agency and the Coordinator;
- To notify and provide the Partner with any amendment made to the Agreement number 2019-1-RO01-KA203-063870 concluded with National Agency;
- To define in conjunction with the Partner the role and rights and obligations of the two parties, including those concerning the attribution of the intellectual property rights;
- To be the intermediary for all communications between the partners and the National Agency;
- To establish the payment requests to the National Agency (ANPCDEFP).
- To administer payment to the partner according to the Articles 5 and 6.
Article 4. Obligations of the Partner
The Partner shall undertake:
- To take all the steps necessary to prepare for, perform and correctly manage the work programme set out in this agreement and its annexes, in accordance with the objectives of the project as set out in the Agreement number 2019-1-RO01-KA203-063870 concluded between the National Agency and the Coordinator;
- To communicate to the Coordinator any information or document required by the latter that is necessary for the management of the project;
- To accept responsibility for all information communicated to the Coordinator, including details of costs claimed and, where appropriate, ineligible expenses;
- To define in conjunction with the Coordinator the role and rights and obligations of the two parties, including those concerning the attribution of the intellectual property rights;
- To inform the Coordinator immediately of any change in its legal, financial, technical, organisational situation and of any change in its name, address or legal representative
- To submit in due time to the Coordinator:
- the data needed to draw up the reports, financial statements and other documents contained in the Agreement;
- all the necessary documents for audits, checks, evaluation and monitoring;
- any other information required by the National Agency;
- Not subcontract any part of its functions to other beneficiaries or parties;
- Request payments from the Coordinator in accordance with Articles 5 and 6 herein.
Article 5. Maximum amount and form of the grant
The grant to the Partner COMUNIDAD DE REGANTES DE PLIEGO shall be a maximum amount of 19037€, and shall take the form of unit contributions and reimbursement of eligible costs actually incurred in accordance with the following provisions:
- Estimated budget as specified in Annex II
- Financial and contractual rules – Annex III
- Rates applicable for unit contributions – Annex IV:
The total amount paid by the Coordinator to Partner shall under no circumstances exceed the maximum amount specified in this Article. When the amount determined exceeds this maximum amount, the final grant amount will be limited to the maximum amount established in this Article.
According to the terms and conditions of the call for proposals of the European Commission, upon conclusion of the project, the Partner will return the non-spent transferred amounts to the Coordinator, the non-justified expenses and the non-justifiable expenses concerning the Erasmus+ Programme. The Partner will also refund the reduction applied by the ANPCDEFP if the execution of the Project is deemed poor, partially or late, according to the provisions of the Articles 9 and 10. Afterwards, the Coordinator will return these amounts to the NA according to the procedure established in the Agreement signed between the National Agency and the UBc.
Article 6. Reporting and payment arrangements
The following reporting and payment arrangements shall apply.
Internal interim reports
The Partner will send to Coordinator a technical and financial report of each four months, on a template previous defined. The report will cover the information period from the beginning of the execution of the project to the date of completion of the report.
The first internal interim report will be sent in the end of February 2020 and the last one will include June 2022.
First pre-financing payment
40% of the maximum amount specified in Article 5 shall be paid from the Coordinator to the Partner, within 30 working days upon the signing of the internal contract between the Coordinator and the Partner and after the National Agency releases the first pre-financing payment to the Coordinator.
Second pre-financing payment
40% of the maximum granted amount specified in Article 5 shall be paid from the Coordinator to the Partner, subject to having used at least 70% of the previous financing installment paid and subject to the receipt of the progress technical report and financial statement on the action’s implementation sent by the beneficiary.
The aforementioned progress technical report and financial statement on the action’s implementation shall be sent by the Coordinator to the Agency at the term specified in the agreement between the two parties, by 30-04-2021 at the latest and shall cover the reporting period from the beginning of the implementation of the Project until 02-28-2021.
The Partner will support the Coordinator with documents and information for the preparation of the Intermediate project implementation report.
The National Agency will analyse the report and in 60 calendar days from the approval of the report will pay to the Coordinator the second advance. Accordingly, the Coordinator will transfer the corresponding amount to the Partner within 30 working days
Final report and request for payment of the balance
Within 20 days of the end date of the Project, the Partner must complete a final report on the implementation of the project. When the grant takes the form of reimbursement of eligible costs and unit contributions, the final report must contain all the necessary information to justify the contribution requested.
The completion of the final report will be considered to be the application by the Partner to obtain payment of the outstanding balance of the grant.
The Partner shall certify that the information submitted is complete, accurate and true. It shall certify that the costs incurred may be considered eligible in accordance with the present Agreement and its Annexes and that the request for payment is substantiated by adequate they can be presented in the context of checks or audits.
- Final technical implementation report: proof of activities undertaken and outputs produced will be provided in the form of a description of these activities and outputs in the final report. In addition, outputs produced must be uploaded by the coordinator in the Erasmus+ Project Results Platform and/or, depending on their nature, available for checks and audits at the premises of the beneficiaries
- Final Financial statement: Signed declaration certifying that the information provided for calculating the final grants is full, reliable and true and can be substantiated by relevant supporting documentation
All documents related to the payments made from the grant allocated under this Agreement must contain the statement: “paid according to Agreement no. 2019-1-RO01-KA203-063870”.
Payment of the balance
The payment of the balance is intended to reimburse or cover, after completion of the Project, the remaining part of the eligible costs incurred by the Partner for its implementation.
Upon receipt of the documents referred to in the final report, the Coordinator will pay the appropriate amount of the balance within 30 working days of the date on which the UBc receives the final payment from the National Agency.
This amount is calculated by deducting the total amount of the pre-financing and interim payments made from the final grant amount. When the total amount of the previous payments is higher to the final grant amount, payment of the balance may take the form of a reimbursement.
The language in which the payment requests and the reports are made
All payment requests and reports will be sent in English, the language of communication of the partnership.
The payment applications have to be made in euro.
Failure to submit documents
When the Partner has not submitted the interim reports or the final report together with documents mentioned above, the Partner shall have to return the reimbursement of the total amount of the pre-financing payment.
The Partners in the project are allowed to adjust the estimated budget set out in Annex II by transfers between themselves and between the different budget categories, if the activities are implemented as described in the proposal. This adjustment does not require an amendment of the Agreement.
The Partners have the right to transfer up to 20% of the funds allocated for each of the following budget categories: Project management and implementation, Transnational project meetings, Intellectual results, Multiplication events, Learning / teaching / training activities and Exceptional costs to any other category budget, except the budget categories Project management and implementation and Exceptional costs.
No budgetary transfer may increase the amount granted to a budgetary category in accordance with Annex II by more than 20% of its value.
By way of derogation from the first paragraph of this Article, the beneficiaries of the grant may transfer funds allocated to any budgetary category, with the exception of Special Needs Support, to the budgetary category Exceptional costs, in order to contribute to the costs of a financial guarantee, to the extent requested by the AN, or to the high travel costs, even if there are no funds allocated for Exceptional Costs in Annex II. In this case, the limit of maximum 20% is not applied for the increase of the budget of Exceptional Costs.
Article 7. Bank account for payments
All payments shall be made to COMUNIDAD DE REGANTES DE PLIEGO’s bank account as indicated below:
Address of branch: Calle Los Pasos, 2 – CP: 30176, LOCALIDAD: Pliego, MURCIA
Article 8. Suspension of payments
The Coordinator may suspend the payment specified in the present Agreement and its Annexes by formally notifying the partner that its request for payment cannot be met, either because it does not comply with the provisions of the Agreement, or because the appropriate supporting documents have not been produced.
The Partner shall be invited to submit observations within thirty calendar days of receipt of this notification. If after examination of the observations submitted by the Partner, the Coordinator decides to stop the suspension procedure, it shall formally notify the beneficiary thereof.
Article 9. Reduction for poor, partial or late implementation
The ANPCDEFP shall determine if the Project has been implemented poorly, partially or late, on the basis:
- The final report submitted by the coordinator
- The products and results produced by the project
The National Agency may also consider information received from other relevant sources proving that the Project has not been implemented in accordance with the contractual provisions. These other sources of information may include monitoring visits, desk checks or the spot checks carried out by the NA.
With regard to accredited higher education organizations, if the National Agency believes that the implementation does not fulfil the commitment to quality made by the partners, the National Agency may also or alternatively impose the implementation of an action plan, to ensure that the beneficiaries concerned meet the quality and compliance requirements within a specific deadline. If the partners do not satisfactorily implement the action plan by the stipulated deadline, the NA may withdraw accreditation from the partners concerned.
The final report, the products and the results will be evaluated by the National Agency together with the reports by the participants in the mobility, if necessary, using a common set of quality criteria focusing on:
- The extent to which the project has been implemented in accordance with the approved grant application.
- The quality of the activities carried out.
- The quality of the products and results obtained.
- The learning outcomes and impact on the participants.
- The impact on the participating organizations.
- For the learning, education and training activities: the quality of the practical arrangements offered to provide support for mobility in terms of preparation, monitoring and support for participants during their mobility activity, the quality provisions for the recognition/validation of the participants’ learning outcomes.
- The quality and the scope of the outreach activities undertaken.
- The potential broader impact of the project on individuals or organizations other than the partners.
The final report will be evaluated on the basis of quality criteria, and will be rated based on a maximum total of 100 points. If the final report obtains less than 50 points in total, the National Agency will reduce the final amount of the subsidy due to poor, partial or late implementation of the project, even in cases where all the activities reported were eligible for grants and have actually been carried out. The grant for the final eligible costs amount will be reduced as follows:
- by 25% if the final report obtains a score of between 41 and 50 points, inclusive.
- by 50% if the final report obtains a score of between 26 and 40 points, inclusive.
- by 75% if the final report obtains a score of between 0 and 25 points, inclusive.
This reduction in the final amount will be applied proportionally to the partner based according to the proportion of the budget pertaining to it.
Article 10. Notification of the final grant amount
The National Agency will notify the coordinator of the final grant amount by means of an official notification sent in the 60 calendar days following receipt of the final report from the coordinator. The coordinator must make any observations on the final grant amount within 30 working days of receipt of the notification letter.
The coordinator must immediately inform the other beneficiaries of the suspension. The suspension takes effect five calendar days after the formal notification is received by the coordinator or on a later date specified in the formal notification
If the conditions for resuming the implementation are met or the necessary verifications are carried out, the Commission must send a formal notification to the coordinator
Provided that the coordinator submits its observations to the National Agency within the authorized period, the National Agency will analyse them and notify the coordinator of the final grant amount by means of a notification letter specifying the revised final grant amount within 30 calendar days of receipt of the coordinator’s observations.
Costs incurred during the period of suspension that relate to the implementation of the suspended action or the suspended part of it may not be reimbursed or covered by the grant.
Article 11. Protection and safety of participants
The Partner shall have in place effective procedures and arrangements to provide for the safety and protection of the participants in the Project.
The Partner shall ensure that insurance coverage is provided to participants from its institution involved in mobility activities abroad.
Article 12. Liability
Each contracting party shall release the other from any civil liability in respect of damages resulting from the performance of this agreement, suffered by itself or by its personnel, to the extent that these damages are not due to the serious or intentional negligence of the other party or its personnel.
The Partner shall protect the Coordinator and its personnel against any action for damages suffered by third parties, including project personnel, as a result of the performance of this agreement, to the extent that these damages are not due to the serious or intentional negligence of the Coordinatoror its personnel.
Article 13. Conflict of interests
The Parties shall take all necessary measures to prevent any situation where the impartial and objective implementation of the Agreement is compromised for reasons involving economic interest, political or national affinity, family or emotional ties or any other shared interest (“conflict of interests”).
Any situation constituting or likely to lead to a conflict of interests during the implementation of the Agreement shall be notified to the Coordinator, in writing, without delay. The Parties shall immediately take all the necessary steps to rectify this situation.
Article 14. Confidentiality
During implementation of the Agreement and for five years after the payment of the balance, the Partner must treat with confidentiality any confidential information and documents.
The Partner may only use confidential information and documents for a reason other than to fulfil their obligations under the Agreement if they have first obtained the prior written agreement of the other party.
The confidentiality obligations do not apply if:
- the disclosing party agrees to release the other party from those obligations;
- the confidential information or documents become public through other means than a breach of the confidentiality obligations;
- the disclosure of the confidential information or documents is required by law.
Article 15. Processing of personal data
The beneficiaries must process personal data in compliance with applicable EU and national law on data protection (including authorisations or notification requirements).
The beneficiaries may grant their personnel access only to data that is strictly necessary for implementing, managing and monitoring of the Agreement associated to project with agreement number 2019-1-RO01-KA203-063870. The beneficiary must ensure that the personnel authorised to process personal data has committed itself to confidentiality or is under appropriate statutory obligation of confidentiality.
The beneficiaries must adopt appropriate technical and organisational security measures having regard to the risks inherent in the processing and to the nature, scope, context and purposes of processing of the personal data concerned.
Article 16. Ownership and use of the results
The management of the Intellectual Property Rights and the Protection of Knowledge will be according to the Agreement no. 2019-1-RO01-KA203-063870 and its clause I.8 and II.9.3 from Annex I General Conditions.
According to the clause I.8 of the Agreement 2019-1-RO01-KA203-063870 the educational materials, documents and media produced in the scope of the Project must be available for the public, in digital form, freely accessible through the Internet under open licences. The partners are nonetheless allowed to define the most appropriate level of open access, including limitations (e.g. interdiction of commercial exploitation by third parties) if appropriate in relation to the nature of the Project and to the type of material. The open access requirement is without prejudice to the intellectual property rights of the grant beneficiaries.
Article 17. Additional provisions on subcontracting
Neither the Coordinator nor the Partner shall subcontract any activities funded from the budget category Intellectual Outputs.
Article 18. Monitoring and evaluation
The Parties agree to participate in and contribute to monitoring and evaluation activities organised by the National Agency and the Commission, as well as by any persons and bodies mandated by them.
In this context, the Parties shall grant the NA, the Commission as well as any persons and bodies mandated by them a full right of access to all documents concerning the implementation of the Project and its results. This right of access shall be granted until five years after the date of the payment of the balance of the grant or the reimbursement thereof by the beneficiaries.
The Parties accept that the National Agency and the Commission may check their statutory records for the purpose of periodic assessments of unit contribution levels.
Article 19. Visibility of Union funding
Unless the Commission requests or agrees otherwise, any communication or publication made by the beneficiaries jointly or individually that relates to the project implementation, including at conferences, seminars or in any information or promotional materials (such as brochures, leaflets, posters, presentations, in electronic form, etc.), must:
- (a) indicate that the project has received funding from the Union; and
- (b) display the European Union emblem.
Instructions for Beneficiaries and other third parties are available at: http://eacea.ec.europa.eu/about-eacea/visual-identity_en
When displayed in association with another logo, the European Union emblem must have appropriate prominence.
The obligation to display the European Union emblem does not confer on the beneficiaries a right of exclusive use. The beneficiaries may not appropriate the European Union emblem or any similar trademark or logo, either by registration or by any other means.
For the purposes of the first, second and third subparagraphs and under the conditions specified therein, the beneficiaries may use the European Union emblem without first obtaining permission from the Commission.
Article 20. Disclaimers excluding Commission responsibility
Any communication or publication that relates to the project, made by the beneficiaries jointly or individually in any form and using any means, must indicate:
- that it reflects only the author’s view; and
- that the Commission is not responsible for any use that may be made of the information it contains.
Article 20. Disagreements
The parties understand that this agreement is reached in good faith, and that if any disagreements arise regarding the scope, interpretation or application of the agreement, they undertake to establish the necessary reconciliation measures, thereby following the principles of good faith, fairness and justice, in order to resolve the disagreement and determine the rights and obligations that should prevail.
The regulation of Romanian Laws will be applied to all the matters nor covered by this agreement.
And in witness thereof, as proof of their agreement, the two parties of knowledge the content, scope and legal implications of this Agreement, and sign it in duplicate, with one copy for each party.
|For the Partner, Martín Jiménez Fernández President Comunidad de Regantes de Pliego [signature and stamp] Done at Date: 04/12/2019||For the Coordinator, Carol Schnakovszky Rector Universitatea “Vasile Alecsandri” din Bacau (UBc) [signature and stamp] Done at BACAU, Romania Date:|