Community action programme on vocational training
Second phase: 2000-20061
Procedure B
AGREEMENT N° (=project number)
between
The National Agency2 , represented by .............................,
on the one hand,
and
[full details of the Contractor, hereafter named "the Contractor », represented by (full details)]
on the other hand
have agreed as follows:
Preamble:
The present agreement concerns one of the following types of projects (tick as appropriate):
Pilot project [
]
Networks [
]
Language competences [
]
Article 1 - Subject
1.1
Within the framework of the second phase of the LEONARDO DA VINCI Community
action programme on vocational training, a grant has been awarded, under the
conditions set out in this agreement and in its annexes, which the Contractor hereby
declares to have taken note of and accept, for the project [ N° and title of the project ],
which has been selected by the European Commission.
1
Council Decision 1999/382/EC of 26/4/99, OJ L 99/146/EC of 11/06/1999
2
Commission Decision relating to the responsibilities of the Member States and of the Commission with
regard to the LdV National Agencies (C (2000) 402final of 18/02/2000) .
1
A detailed description of the project is given in Annex1, which forms an integral part
of this agreement.
1.2
The Contractor accepts the grant and undertakes to carry out the project under his/her
own responsibility.
Article 2 - Contractor's Obligations
Subject to cases of force majeure, the Contractor shall do everything to ensure that the
project [insert the n°] is carried out in accordance with the conditions and arrangements
specified in this agreement and its annexes.
Article 3 - Duration
3.1
The project refered in article 1 has a duration of [insert 12, 18, 24, 30 or 36 months]. It
should start the 01.11.2001 and ends on the [insert date 01.11.2001 + 12, 18, 24, 30 or
36 months].
3.2
The agreement shall take effect on the date it is signed and shall end on [insert date
01.11.2001 +12, 18, 24, 30 or 36 months].
3.3
The period of eligibility of costs shall begin on [insert date 01.11.2001] and end on
[insert date 01.11.2001 + 12, 18, 24, 30 or 36 months].
Article 4 - Financing of the Project
4.1
The total cost of the project is estimated at [insert amount] euros. The project budget
is set out in Annex 2.
The total cost of the project includes only the costs eligible for Community financing,
as defined in the Administrative and Financial Handbook – pilot projects, language
competences, networks and reference material3 (annex 4).
4.2
4.3
3
The maximum amount of the Community grant is [insert amount ].
The definitive amount of the grant, which may be less than the amount indicated in
Article 4.2, will be fixed by the National Agency in application of the rules foreseen in
Articles III.2 and IV of the Administrative and Financial Handbook taking account of
the percentages indicated in the the column '% for the calculation of the final LdV
grant' of annex II, and after examination of the final report, including the financial
report.
This examination will include :
 An appraisal of the quality of the project results;
 an evaluation of the eligibility of declared expenditure and adherence to the project
budget;
 a verification of the transfer of Leonardo da Vinci funds to the partners in order to
ensure that no major reduction of the European dimension has occurred, that the
minimum European partnership size has been respected and that the changes made
have not had a negative impact on the overall quality of the project.
Commission Decision C(2000) 521 of 01.03.2000
2
4.4
The contractor shall accept that any income generated by the project and received by
the partnership and any regional, national, Community or other form of assistance will
be declared in the financial report, and shall limit the financial contribution of
Leonardo da Vinci to the amount necessary to balance income and expenditure.
4.5
The contractor shall agree to set up either a system of analytical accounting or an
appropriate internal accounting system in order to make it possible to identify the
sources of project income and project expenditure incurred during the contractual
period.
4.6
In cases where the amounts received by the Contractor would be higher than the final
amount of the grant, the Contractor undertakes to refund the National Agency the
amounts already paid in excess of the final amount of the grant.
4.7
The Contractor shall distribute to the members of the partnership the funds necessary
to carry out the project on the basis of specific contracts. The contracts, of which a
standard model defining the minimum clauses is given in Annex 6, must be signed and
sent to the NA in within three months after the signature of the contract with the NA.
4.8
The Contractor accepts that the grant does not constitute any claim on the National
Agency and cannot therefore be assigned to another body or transferred to a third party
or seized in any way without the prior written agreement of the National Agency.
Article 5 - Payment Arrangements
5.1
The grant shall be paid to the Contractor by the National Agency, subject to the
availability of community funds, as follows:
5.1.1
With regards to projects of a duration higher than 18 months:
- an amount equivalent to 40% of the amount of the grant, as an advance, within
60 calender days of receipt by the National Agency of the agreement signed by
the two parties;
- an amount equivalent to 30% of the amount of the grant, as a second advance,
within 60 calender days of receipt and formal approval of the first interim
report by the National Agency;
- the balance within 60 calender days of receipt and formal approval of the final
report by the National Agency.
5.1.2
With regards to projects of a duration lower than or equal to 18 months:
- an amount equivalent to 70% of the amount of the grant, as an advance, within
60 calender days of receipt by the National Agency of the agreement signed by
the two parties;
-
the balance within 60 calender days of receipt and formal approval of the final
report by the National Agency.
3
The payment shall be deemed to have been made on the date when the National
Agency account is debited.
5.2
Payments due from the National Agency shall be made into the following bank account
of the Contractor: [insert the Contractor's bank information: details of the bank, holder
and account number]. Any changes to these bank details will be accepted by the
National Agency only in exceptional circumstances and on the basis of a justified
request. If the changes are accepted, the payment schedule mentioned in paragraph 1
shall be increased by 30 calender days.
5.3
For countries in the euro zone, payments shall be made by the National Agency in euros.
For countries outside the euro zone, payments shall be made by the National Agency in
euros or in the national currency.
Exchange rate losses are not covered by this agreement and shall be borne by the
Contractor.
Article 6 - Reports and other documents
6.1
Two copies of reports (the original and one copy), which must be drawn up in
accordance with the models provided in Annexes 5A and 5B, as well as other
documents and the project results/products (for final reports) must be submitted by the
Contractor in one of the official Community languages to the address given in Article 7
of this agreement. At any moment, the National Agency might request any addition
information/reports for monitoring purposes.
6.1.1 With regard to projects of a duration higher than 18 months:
-
an interim report covering the period from (= start date of the project) to (start date
+ 12, 15 or 18 months) must arrive at the National Agency at the latest by (= end
date of the 1st period plus two months);
-
a final report covering the whole project duration, as well as the project results and
products, must arrive at the National Agency at the latest by (= end date of the
project duration plus two months).
6.1.2. With regard to projects of a duration lower than or equal to 18 months:
- a final report covering the whole project duration, as well as the project results and
products must arrive at the National Agency at the latest by (= end date of the
project duration plus two months).
In both cases, expenses incured during the two additional months for the preparation of the
final report are not eligible under this contract.
6.2
The financial information the reports contain must always be given in euros. If an
exchange
rate has to be used for this purpose, it shall always be that used by the bank for the
payment of the advance referred to in Article 5(1) or that provided by the National
Agency. If several advances are paid, the exchange rate used will be the weighted
average of the rates used by the bank for the payments of these advances.
4
The reports mentioned above are composed of two parts: the first describing the
progress of the project, and the second giving details of the eligible costs incurred in the
implementation of the project in accordance with the conditions set out in this
agreement and its annexes.
The results of the project including studies, finalised products, CD ROM, videos etc
must be attached to the final report.
6.3
Any request to submit the reports after the date referred to in Article 6.1 shall be made
in writing and sent to the National Agency for their approval.
Article 7 - Administrative Provisions
7.1
Any communication concerning this agreement must be made in writing, with the
projet number duly quoted, and be sent to the following addresses:
For the National Agency
[…]
For the Contractor
[…]
7.2
The Contractor shall return the signed agreement to the above-mentioned National
Agency within 30 calender days of it being sent by the National Agency. Failing this, the
National Agency will have the right to consider that the Contractor renounces the grant,
and could consequently withdraw it.
7.3
The contractor shall use the appropriate informatic tool made available by the European
Commission for completing and sending the interim and final reports.
Article 8 - Final Provisions
8.1
The following documents are annexed to this agreement and form an integral part of it:
Annex 1
Detailed description of the project selected by the Commission :
Sections C to E1 of the application form and, if necessary, sections II B
and C of the contracting form
Annex 2
A. Consolidated project budget
B. List of partners and budget by partner member
Annex 3
General terms and conditions applicable to the grant
Annex 4
Administrative and Financial Handbook - pilot project, networks,
language competences and reference material – C(2000)521 of
01.03.2000).
Annex 5
A. Model of the interim report (content and financial aspects)
B. Model of the final report
5
a)
content aspects of the project
b) financial aspects of the project
8.2
Annex 6
Model contract between the contractor and the partners.
Annex 7
Contracting form (for information )
In the event of a conflict between the provisions of the annexes and those of the
agreement, the provisions of the latter shall prevail. Annexes 2, 3 and 4 shall prevail on
the other annexes. Annex 4 shall prevail on Annexes 2 and 3. Annex 2 shall prevail on
annex 3.
Done in duplicate
For the Contractor
For the National Agency
................................................
[name of the person specified on the 1st page]
[name of the person designated
on the first page]
[ signature ]
[ signature ]
[ date ]
6
ANNEX 1
LEONARDO DA VINCI
Community action programme on vocational training
Second phase: 2000-2006
PROJECTS... (pilots, networks or language skills)
DETAILED DESCRIPTION OF THE PROJECT
[insert project N°]
Sections C to E1 of the application form as selected by the European Commission and if
necessary sections II B and C of the contracting form
8
ANNEX 2 A
A. CONSOLIDATED PROJECT BUDGET
Consolidated budget
accepted by the EC
Maximum Community
intervention
% for the
calculation
of the final
LdV grant
A. Personnel costs
ISCO 1
CITP210,220 or 240
CITP230
CITP3
CITP4
Sub-total I
{intervention L.}LUMP SUM
B. Operational costs
1. Travel
2. ICT
3. Production
4. Overheads
5. Others
Sub-total II
{intervention L}
{intervention L}
{intervention L}
{0}
{intervention L}
{intervention L}
C. Subcontracting costs
1.
2.
3. ....
Sub-total III
{intervention L}
{intervention L}
{intervention L}
{intervention L}
{%}
{%}
{%}
{max. intervention L}
{%}
TOTAL
Total budget
( TB)
%
{%}
{x %}
{%}
{0}
{%}
9
ANNEX 2B
B.LIST OF PARTNERS (including contractor and coordinator) AND BUDGET BY PARTNER4
ADMINISTRATIVE DATA5
N°
Cou Name of the
ntry organisation in
cod national language
e
Type
organ.
Code
Regional
code
Sector
code
Size
code
BUDGETARY DATA
Contact Person
Name
Street and N°.
City
Postal code
Country
Total
Telephone
Fax
E-mail
Budget
LEONARDO
DA VINCI
allocation
granted
M/
F
P1
P2
P3
P5
P...
Total
Total
allocation
4 As indicated in sections D1 and E2 of the contractualisation form
5
If a partner withdraws , please follow the contractual modification procedure as described in the Administrative and Financial Handbook (cf. annex 4)
10
ANNEX 3
LEONARDO DA VINCI
Community action programme on vocational training
Procedure B
Second phase: 2000-2006
PROJECTS... (pilots, networks and language competences)
GENERAL TERMS AND CONDITIONS APPLICABLE TO THE GRANT
Article 1 – Liability
1.1
The National Agency and the European Commission may not, under any circumstances
or for any reason whatsoever, be held liable in the event of complaints deriving from the
agreement concerning damage of injury sustained by the staff or property of the
contractor while the project is being carried out. No claim for compensation or
repayment accompanying such a complaint shall therefore be accepted by the National
Agency or the Commission.
1.2
Except in cases of force majeure, the contractor shall be required to indemnify the
National Agency or the Commission for any damage resulting from the project or from
failure to carry it out or to carry it out properly.
1.3
The contractor shall assume sole liability towards third parties, including for damage of
any kind sustained by them while the project is being carried out.
Article 2 – Conflicts of Interest
The contractor undertakes to take all precautions necessary to avoid conflicts of interest
and shall inform the National Agency immediately of any situation giving rise to or
likely to give rise to any such conflict.
Article 3 - Early Termination of the Agreement and Repayment of the Grant
3.1
The contractor may refuse the grant at any time by serving two months' written notice.
In this event, the National Agency may demand full or partial repayment of the amounts
already paid under the agreement in the manner and within the time limits set by the
National Agency.
3.2
The National Agency may decide to terminate the agreement should the contractor, for
no reasons of force majeure, fail to fulfil any of the obligations under the agreement
and, after being given notice by registered letter to comply with these obligations, still
have failed to do so within one month of receiving the letter.
12
In this event, the National Agency may demand full or partial repayment of the amounts
already paid under the agreement in the manner and within the time limits set by the
National Agency.
3.3
The National Agency may terminate the agreement, without giving notice and without
paying compensation of any kind, where the contractor:
– is declared bankrupt, is wound up or is the subject of any similar proceedings;
– fails to comply with Article 2 of this Annex;
– makes false or incomplete statements to obtain the grant provided for in the
agreement.
In this event, the National Agency may demand full or partial repayment of the amounts
already paid under the agreement in the manner and within the time limits set by the
National Agency.
3.4
Whichever cause among those listed is at the origin of the termination of the agreement,
the contractor shall be obliged to submit to the National Agency a detailed report on the
progress of the project in accordance with the model supplied by the National Agency.
3.5
Should the contractor fail to repay such amounts within the time limit set by the
National Agency, the National Agency may increase the sums due by adding interest at
the rate published monthly by the Commission in the Official Journal of the European
Communities and which is applicable on the first day of each month, plus one and a half
percentage points.
3.6
Bank charges involved in the repayment of sums due to the National Agency shall be
borne entirely by the contractor.
3.7
Amounts to be repaid to the National Agency may be off-set against amounts of any
kind due to the contractor.
3.8
Termination of the agreement for financial irregularities shall be without prejudice to
the application of other administrative measures or penalties which may be imposed in
accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 19956
on the protection of the European Community's financial interests.
Article 4 – Confidentiality
The European Commission, the National Agency, any other party empowered by them,
and the contractor, undertake to preserve the confidentiality of any document,
information or other material communicated to them in confidence and where its
disclosure could harm the other party or a third party.
6 OJ N° L 312/1 of 23.12.1995
13
Article 5 – Publicity
5.1
Unless the National Agency requests otherwise, any notice or publication by the
contractor concerning the project, in whatever form or by whatever medium, including
the Internet, must specify that the project has received funding from the European
Community. Such acknowledgement shall be worded as follows: "This project has been
carried out with the support of the European Community".
Unless otherwise specified in Annex 3, the contractor must also include the following
sentence: "The content of this project does not necessarily reflect the position of the
European Community or the National Agency, nor does it involve any responsibility on
their part".
5.2
–
–
–
–
–
The National Agency and the European Commission shall be authorised to publish, in
whatever form and by whatever medium, including the Internet, the following
information:
the name of the contractor
the purpose of the grant, except where this may jeopardise the security or privacy of
persons concerned by the project
the amount granted and the proportion of the total cost of the project accounted for by
the funding
the geographical location of the project
whether the project has previously been publicised.
Article 6 - Ownership/Use of Results/Commercialisation
6.1
Ownership, title and and intellectual patent or property rights in the results of the project
and the reports and other documents relating to it are vested in the contractor.
6.2
Notwithstanding the provisions of the first paragraph, the contractor shall grant the
National Agency and the European Commission the right to use as they see fit,
particularly for demonstration or dissemination purposes, the results produced directly
by or deriving from the project, subject to any confidentiality arrangements agreed
between them and to any intellectual patent or property rights already existing.
6.3
If any of the products developed under the project are commercialised, the contractor
shall inform the National Agency of his/her commercialisation activities. A
commercialisation strategy plan, a copy of the agreements on intellectual property and a
specimen of the products (or prototypes) shall be sent to the National Agency. The
products must carry a reference to the financial support provided by the Community in
accordance with the provisions of Article 5.1. Income generated through
commercialisation during the duration of the agreement must be mentioned in the
reports referred to in Article 6 of the agreement.
Article 7 - Amendment to the Agreement
7.1
Any amendment to the agreement, including the annexes thereto, must be the subject of
a written amendment to the agreement. A verbal amendment shall not be binding on the
14
parties. Requests from the contractor to amend the agreement must reach the National
Agency at least 60 calendar days before the end of the agreement.
7.2
Changes in the amounts given for each budget heading (cf. annexe 2) may be acceptable
if they are justified and do not undermine the project’s nature and aims. In this case, the
contractor shall apply the modifications and inform the National Agency without delay.
No amendment is necessary.
7.3
However, when the budget headings (cf. annex 2, table A) are to be changed
simultaneously by more than 10% and 5000 Euros, the contractor must request in
writing an amendement to the contract (cf. annexe 4, point III.1.3). Tranfers from
“Operational costs” and “ Subcontracting costs” to “Staff costs” are not acceptable.
Changes in the amounts given to each partner are possible after agreement of the
National Agency. No additional clause is needed in this case.
7.4
In addition, the start and end dates of the project may be modified without an
amendment to the agreement being necessary, provided the project ends no later than the
date specified in Article 3(2) of the agreement.
Article 8 - Jurisdiction and Applicable Law
This agreement shall be subject to the law of the country in which the National Agency
is established. The courts of that country shall therefore have jurisdiction for any
disputes arising in relation to this agreement.
Article 9 - Interest on late payment
9.1
The National Agency, subject to the availability of community funds, shall undertake
to pay the amounts due upon performance of obligations under the agreement within
60 calendar days of the event giving rise to payment up to the date on which the sum is
debited to the National Agency's account.
9.2
At any time during the 60 days following the date of the event giving rise to payment,
the National Agency may suspend this payment period by informing the contractor
concerned that the request for payment is not submissible, because the debt is not due
or because the necessary supporting documents have not been produced or because the
National Agency considers it necessary to carry out further checks. The remainder of
the period shall resume from the date on which a correctly presented request for
payment is registered.
9.3
Upon expiry of the time limit set in Article 9.1, and without prejudice to Article 9.2, on
condition that the contractor is not a public administration s/he may, within two months
of receiving the late payment, claim interest at the rate published monthly by the
Commission in the Official Journal of the European Communities and which is
applicable on the first day of each month, plus one and a half percentage points.
15
Article 10 - Technical and Financial Control
10.1 The contractor undertakes to allow staff of the National Agency, the European
Commission and the National Court of Auditors or the Court of Auditors of the
European Communities, and persons authorised by them, appropriate access to the sites
or premises where the project is being carried out and to all documents relating to the
technical and financial management of the project. Access by persons authorised by the
National Agency, the European Commission, the National Court of Auditors nad the
Court of Auditors of the European Communities may be subject to confidentiality
arrangements to be agreed between these bodies and the contractor.
10.2 The contractor agrees that the National Agency, the European Commission, the National
Court of Auditors or the Court of Auditors of the European Communities, as well as any
persons authorised by them, may verify the way the grants are used in accordance with
the Financial Regulation of 21 December 1977 as amended7, applicable to the general
budget of the European Communities, throughout the entire duration of the agreement
and for a period of five years after the completion of the agreement.
10.3 The contractor undertakes to ensure that this obligation is accepted by any
subcontractors as well as by the partners of the project.
10.4 Controls by the National Agency, the European Commission, the Court of Auditors of
the European Communities or the National Court of Auditors, or any person authorised
by them, may be carried out on the basis of documents or on-site.
7 OJ N° L 326 of 18.12.1999
16
ANNEX 4
LEONARDO DA VINCI
Community action programme on vocational training
Second phase: 2000-2006
PROJECTS... (pilots, networks or language skills)
ADMINISTRATIVE AND FINANCIAL HANDBOOK
Pilot projects, language competences and networks
Document C(2000) 521 of 01.03.2000
Document CL/21a/99/rev4 available in the Leonardo Internet Site:
http://europa.eu.int/comm/education/leonardo/leonardo2-en.htm
17