PARTNERSHIP AGREEMENT – Requirements
In the case of a project partnership, the Project Promoter is obliged to submit a signed Partnership
Agreement between the Project Promoter and the Project Partner to OSF Prague before signing the
contract of provision of a foundation contribution (hereafter only “Project Contract”). The Agreement
must be concluded with each project partner, namely with both a partner with and a partner without a
financial contribution. In the case of a Norwegian/foreign partner the agreement must be concluded in
the English language.
Transferring the Partnership Agreement obligations does not exempt the Project Promoter from the
obligations given by the Project Contract.
The Partnership Agreement is intended to define the role of the Partner in the project, their rights and
obligations, allocation of responsibility, specification of co-financing provisions and financial flows
between partners. See below for the obligatory prerequisites of the Partnership Agreement.
Definition of the Agreement purpose and subject:
-
-
implementation of project XXX supported from the Let’s Give (Wo)men a Chance
programme, which is financed from Norway Grants and administered by the Open Society
Fund Prague
the partner’s obligation to abide by legal regulations valid in the Czech Republic
the partner’s obligation to abide by the same relevant provisions of all process documents
issued by the Czech Ministry of Finance on the implementation of Norway Grants and by the
OSF Prague on the implementation of the Let’s Give (Wo)men a Chance programme during
project implementation, which are listed in the Project Contract concluded between the
Project Promoter and the OSF Prague.
Duration of the Agreement:
-
effect of some provisions in the implementation/sustainability period, beginning and
duration of deadlines in accordance with the beginning/completion of project
implementation
Description of roles and extent of involvement of the Project Promoter and the Project Partner:
-
-
division of roles and responsibilities of the Project Promoter/Partner in implementation of
the project or its component activities (the main/principal bearer is always the Project
Promoter)
rules of communication between the Project Promoter and the Project Partner
Obligations of the Project Partner/Promoter:
-
obligation of the Project Partner/Promoter to timely inform of all facts which affect or may
affect project implementation or Project Contract performance
-
liability of the Project Partner/Promoter for all damages incurred to the other party by
violating the obligations implied by the Agreement or by violating legal provisions
Expected overall eligible expenses of the Project Partner:
-
-
stated in agreement with the approved project budget, including the expected amount of
indirect expenses (statement of a fixed rate in %) and the expected amount of co-financing
by the Project Partner
in the case of partnership with a Norwegian/foreign partner to state the budget of the
Project Promoter and the foreign partner expenses in Czech Crowns as well, corresponding
to the sums given in the approved Project budget
Financial flows between the Project Promoter and the Project Partner:
-
-
-
payment principles between the Promoter and the Partner and the expenses principle apply
between the Promoter and the Programme Operator (only eligible expenses of the Promoter
or Partner can be given in the payment request)
the Project Partner, the same as the Project Promoter, must not be the supplier of goods or
services, which means it is to be clearly stated that the relationship is not a customer–
supplier one. (partners cannot invoice expenses to each other, so that Act No. 137/2006
Coll., Public Procurement is not evaded through the partnership) and that the noncommercial relationship between the Promoter and the Partner is specified
rules for conversion of Partner’s expenses into a foreign currency abide by the same
principle as with the Project Promoter (i.e. the Project Promoter will use the current daily
exchange rate of the Czech National Bank for conversion of incurred expenses in a foreign
currency by the Partner – for the recording purposes)
Bookkeeping of expenses with a clear connection to the project:
-
in the case of a Czech partner, in accordance with Act No. 563/1991 Coll., or on the keeping
of tax evidence in accordance with Act No. 586/1992 Coll., on fulfilling further obligations
stated in Chapter 4.2 of the Methodology.
Partner’s eligibility and expense drawing:
-
-
the Partner is obliged to abide by the same conditions as with the expenses of the Project
Promoter, i.e. in accordance with the rules of the Programme and NFP Instructions on EEA
and Norway Grants Eligible Expenses 2009–2014
the Partner is obliged to inform the Promoter on the state of drawing eligible expenses,
sources for their funding and potential direct project revenues.
the Partner is obliged to provide cooperation in a project account statement in accordance
with the Programme conditions
in case of a Norwegian/foreign partner the Promoter is entitled to cover only incurred
eligible expenses – an eligible project expense is an expense such that is evidenced by paid
accounting documents or through an audit report with a request for reimbursement of
relevant incurred expenses , namely
a. through accounting documents of payment – the relevant document must meet the given
prerequisites of an accounting document in accordance with § 11 of Act No. 563/1991 Coll.,
on Accountancy (except Par. 1, f). The Partner will evidence the payment of the expense (e.g.
through a bank statement).
b. through an audit report – an audit report of an independent auditor from the country of the
foreign partner’s domicile (who confirms in writing that he/she has the legal capacity to
carry out the audit and is organisationally independent of the Project Partner). It may also be
an internal audit of a public institution which is organisationally independent of the Project
Partner. The auditor or the public institution (including an internal audit) confirms that the
claimed expenses are in accordance with the Instruction, national legislation and accounting
principles of the country of the foreign partner’s domicile. Expenses for the audit report
commission are eligible project expenses; as part of an economical approach, the NFP
recommends audits at one-year intervals.
In the case that an incurred expense is not evidenced through either of the abovementioned methods, the Programme Operator will not reimburse such expense.
It is forbidden to draw other support (for the same expenses)
Implementation of public procurements by the Partner (if relevant)
-
rules, procedures, accordance with binding documents, cooperation with the Promoter so
that the relevant rules of the country of the (foreign) partner’s domicile are respected during
the commissioning and implementation of the procurement.
Inspection/audit connected with grant award:
-
-
the Partner is bound to provide conditions for the execution of the inspection for the
Programme Operator and all persons entitled to carry out the inspection, and provide the
documentation necessary for inspection of the drawing of funds from the Norwegian
Financial Mechanism, to enable them to verify particular projects at their location of
implementation, and to provide cooperation to all persons entitled to carry out the
inspection to a similar extent other public support providers have (according to § 8, Act No.
320/2001 Coll.). These authorised persons are the grant provider and persons authorised by
him/her, regional financial bodies, the Supreme Audit Office, representatives of the Financial
Mechanism Office, the EFTA Board of Auditors, the Office of the Auditor General of Norway
and the Norwegian Ministry of Foreign Affairs or persons authorised by them.
the Partner is bound to provide upon request from the OSF Prague any additional
information connected with the grant in writing, by the deadline given by the Operator.
Project Changes:
-
the procedure in the case of discussing and implementing changes to the project (or in the
partnership cooperation)
The sustainability of Project outputs:
-
proprietary relationships during and after implementation, use of property, property care,
deadlines, information etc.
Project publicity (see the Manual)
Archiving:
- the Partner is bound to archive all relevant project documents for a period of a minimum of
ten years from the 1st January following the year when the Final Report on the Let’s Give
Wo(men) a Chance Programme has been approved by the Financial Mechanism Office
Use of the Partner’s data:
-
the Partner’s agreement with the use of data in the EEA/Norway Grants information systems
and the OSF Prague accounting for the purpose of administration of grants from Let’s Give
Wo(men) a Chance
Signatures of both parties including the date of signature