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    Agreement - Resilient Communities Through Food Security

    Uploaded by

    anon_602181881
    zsdfgdg

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    p ‘Top Sheet Summary for New Contract to be signed. Project Name: Resilient Communities through Food Security, strengthening of rural infrastructures, disaster proof WASH infrastructure and formation of disaster management structures in Sindh, Pakistan Project Budget: The project budget consisted upon two heads 1. NRSP Program Budget BMZ ~ ESUH grant funds (FADPAK100282) PKR 96,779,680 (Ninety: six million seven hundred seventy- nine thousand six hundred eighty only 2. NRSP Head Office Operational Cost - Plan Germany (Cost Recovery FADPAK 100284) PAK 4,838,984 Total NRSP Budget PAK 101,619,664 Only. ProjectArea:. 40 villages of Badin and Mirpur Khas Sindh Project Duration: September 01, 2015 to May 30, 2018 Project Coordinator from HO: Sohail Manzoor (Programme Manager - SHP/HRD) Project Deliverables: 1. Procurement of livestock for distribution among poorest women ii, Livestock management training for women beneficiaries fil, Product management training iv. Cash for work infrastructure improvement schemes in villages for improving lad fertility and controlling waterlogging and salinity Community level training of farmers on improved seed varieties a Vi. Technical resource persons for trainings (water conservation, crop management, vegetable, natural pesticides and fertilizer) vil. Establishment of demonstration plots to promote drought and flood resilient seeds and crop cultivation practices vii, Provision of agriculture related tools and linkages to the market where possible ix, Technical and vocational skills trainings for young men and women ( in attificial insemination, technicians to provide animal breeding services; as villages veterinary workers; for value addition in agriculture and dairy products; in agriculture and crop sector) x. Provision of grant to the train youth xi, Training of extension workers in agriculture and crop sector and carry out community training for farmers xii, Provision of materials/tools/seeds and counseling for the cultivation of home gardens xili, Provision of tree saplings and training for gruit orchards xiv. Establishment of fruit orchards nurseries xv. Pre and post KAP survey avi, Training of 160 peer trainers,(80 men and 80 women) have been trained as multiplicators for IYCF Criteria: xvii, Criteria to carry out the project activities are elaborated in the technical proposal (reference technical proposal page # 12-19) xvii, Fund management procedures are elaborated in agreement (reference page # 2 of 10 to S of 10). Dear Sohail Kindllyreview the quarterly budget calculated con the basis of PKR 115 exchange rate. This budget do not comntain cost recovery of NRSP- it will be provided through separate agreement @ 5% of yea riyiQuarterly/Total Budget of NRSP. Total of budget received by NASP will be as Follows: Year RSP Program budget | NASP Head office | Total NRSP Budget BMZ- ESUH grant Operational cost funds Plan Germany (Cost (FAD PAK 100282) | Recovery FAD PAK 100284) Total 96,779,680 4,838,984 303,618,664 The attached budget is only for the amount 96,779,680. kindly urgently give me your feedback. Regaids, ‘ ia \wy ‘National Program Manager (Livelihood) Pian Pakistan Country Office House # 9, Street 32, Sector F-7/1 Islamabad, Pakistan ‘wan plan-international,org } Plan Int:ernational-Pakiston oun, Heusd 9 ofrie 03. Steet # 32, Sector 77, Ilamabag, Pkistan Tet +93(915-260 9435-01 Fae 499 pakiton, aon Orgrsitions Herglong Auta Pron Unt Sece ONS 260 9442 co€zroe-iteratonlony Pian \worw planiraenationalorg AGREEMENT FOR PARTNERSHIP. THIS AGREEMENT FOR PARTNERSHIP is made this 1st day Sf September Islamabad by and between Pee Plat Intemational, Ine, a non-profit international humanitarian child ~ focussed development organization without any politcal or governmental afliation registered in Rhode Isiand m te United States, having its main Pakistan office located at House 8, Street 32, F-7/1 Islamabad through its Country Director, Rashid Javed (hereinafter called "Plan" which term shall include its Successors and assigns) of the fist part AND National Rural Support Program (NRSP} a non-profit NGO registered in Pakistan under the provisions of the company limited by guarantee under section 42 of the Gompanies Ordinance 1984, having its registered Pakistan office in 46-Aga Khan Road F-6/4, Islamabad through te CEO Dr Rashid Bajwa (hereinafter called "the Partner" which term shall include its successors and assigns) of the second part Plan and the Partner may hereinafter be referred to individually as "Psarty" or collectively as “the Parties.” ‘The Parties hereby recite as follows: WHEREAS, the Partner is working to (implement the project entitled "FResilient Communities through Food Security, strengthening of rural infrastructure, disaster proesf WASH infrastructure and formation of disaster management structures in Sindh, Pakistan") (hereinatter called “the Project). WHEREAS, Plan has agreed to work with the Partner, and fund the Project, to the extent and subject to the terms and conditions contained in this Agreement. NOW, THEREFORE, THIS AGREEMENT WITNESSETH as follows: |. Objectives of this Agreement The Parties hereby agree that there is a need to ensure "Food security in_40 vilages frequently affected by flood and drought in Sindh (Badin and Mirpur Khas) is enhariced through access availabilty and appropriate utilization of food and water as well as DRR activities" : While carrying out activities under and for purposes of this Agreement, the Partner agrees to observe and practice as far as possible the non-negotiable Core Values of Plan in the course of project implementation as attached as Annexure IV: Il Funding for the Project ‘A. Plan has approved the budget amounting to Rs. 96,779,680 (Pal Rupees Ninety-six million seven hundred seventy-nine thousand six hundred eighty only) attached as Annexure |, for the petiod 1st September 2015 to 30th May 2078, The budget covers all project related expenses accruing to the Partner in line with the attached proposal shown as Annexure I). The budget is approved by Plan subject to the Condition that all requirements given in this Agreement shall be Satisfactonly fulflled by the Partner. Printed by Moiz Ali Page 1 of 10 aoe retin Soar Br i ren nz ep Gr nao hse ain Paps og Sa Fare eng Geray eK Nebr Naw So Sade Une ig Ue og Ine Cnt Cn Cts Dracn Rant fs oe ae te ee Table: Project yearly funds allocation NASP Program budget BIMZ- ESUH Grant Funds: Project period. (FAD PAK 100282) Calendar year 2015 16,183,677 (1st September 2015) slats Calendar year 2016 40,991,114 Calendar year 2017 23,596,087 Calendar year 2018 38,802 (30 May 2018) iepee Total 96,779,680 B. The Partner shall submit Quarterly advance payments requests based on the approved work plan. The advance requests shall be submitted by the Partner to the Plan office, identifying the original approved budget line, payments from Plan received to date, actual expenditure incurred, balance funds remaining, current quarter advance request and approved budget remaining balance. Current exchange rate as per FAD is 112.378. Plan Pakistan reserve the right to re-negotiate the terms of agreement and the activity budget in case of exchange rate fluctuations over the project lf. C. In order to be eligible for any subsequent advance, the Partner must have either completed the quarter or have utlized minimum 70% of previous advance whichever ‘comes first, 10% of the contract amount will be paid on reimbursement basis at the end of the contract. D.. Expenditures claimed by the partner shall be based on actual basis and if due to justified reasons, expenditure has been incurred by Partner, for which budget has not been agreed, Pian after review of the justification and if found in order, will allow for ‘such expenditure E, The project is subject to review, if required, twice a year within a mutually agreed timeframe. Any variance in the approved budget expenditure (either in total or individual budget line tems) as 2 result of this review must be agreed in writing by Plan and the Partner F. All the expenditures over and above 10% of each activity line against the approved budget remaining within the overall budget amount will require a prior approval from Pian Management in order to consider the same as eligible expenditure. In absence of approval from the approving authorities the expenditure will be considered as ineligible G. With respect to funds transferred by Plan under this Agreement, the Partner agrees that the fund so transferred shall be used exclusively for the “BMZ Food Security Project” and only by the Partner in accordance with the details in the attached agreed project proposal and budget unless agreed otherwise by Plan in writing H. lll Project related expenditures can only be claimed by the partner within 3 months of the end date of the signed agreement, and if not cizimed within the stipulated period, cannot be accepted by Plan. |. The funds must only be utilized during the period covered by this Agreement, unless agreed otherwise by Plan in writing J. Any expenditure over the total of the agreed budget will entirely be the responibility the Partner unless agreed otherwise by Pian Printed by Moiz Ali Page 2 of 10 wets KK. The Partner may vary the budget cost of any single input itn the approved Project Budget to be funded by Plan, provided that prior written approval is taken from Plan L. If due to variations there is a change in the Project Budeet, expiry date andior objectives an addencum to this agreement will be prepared and signed by both parties M. The Partner assures Plan that there shall never be any doubless-funding ofthis project with funds from another donor, agency or source. N._No funds shall be used for party polities, promoting any partict_ar religion, immovable property purchases or environmentally harmful substances, ©. Any funds not used in acoordance with the agreed project or le-#t unspent at the end of the project period, shall be retumed by the Partner to Pian U less agreed in wing otherwise P. Funds need to be drawn from Plan, Pakistan in the foreseen years (1" september 2015, 2016, 2017 and 30" May 2018). In case of under spending Partner (NRSP) has {o ask for an exception to reallocate funds. This can only be dorm e unt mid of August of Each Year, Otherwise funds wil expire. lll. Responsibilities of the Partner ‘A. During the contract period the Partner will respect and cor-amit to the Plan Child Protection Policy, shown as Annexure Ill, Child Protection (i) The Partner acknowledges that it has received a copy Of and has read and understood, Pian’s Child Protection Policy and supporting and briefing materials describing Plan's commitment to child protection (the "Child Protection Polly") (i) The Partner shall (and shail ensure that any sub-contractor or sub-grantes of it in felaton to this Agreement (the "Relevant party’)) shall at all times and inal circumstances abide by the Child Protection Policy during the term of the Agreement, (i) The Partner represents and warrants that neither it nor any Relevant party, or any of its or their directors, employees or consultants have been involved or are ‘Suspected or have ever been suspected of involvement in an incident of abuse of Child or children, whether as described in the Child Protection Policy or otherwise in such a way that compromises or compromised the safety of children, (wv) If at any time during the term of this Agreement, it comes to the attention of the Partner or any Relevant party that the Partner or any Relevant party has been involved or is suspected or has ever been suspected of involvement in an incidert of abuse of a child or children, whether as described in the Child Protection Policy of otherwise in such a way that compromises or compromised ihe safety ct children: @ the Partner shall immediately (and at the latest within 12 hours of Becoming ware) report such incident or suspicion to its contact at Plan as specified in this Agreement; and b. the Partner shall immediately remove any Relevant party or person to whom the report relates ftom any work or contractual relationship with Plan, Printed by Moiz. Ali Page 3 of 10 (v) Any breach of this clause andlor the Child Protection Policy shall constitute a ‘material breach of this Agreement that is incapable of remedy and shall entitle Pian (in its sole and absolute discretion) to. terminate this Agreement immediately and without notice and to take such other appropriate action as Plan shall in its sole and absolute discretion determine, including (without limitation) requesting the removal of any Relevant party or any of the Partners’ or any Relevant party's directors, employees or consultants from any work or contractual relationship with Plan, Teporting any incident of abuse to the police or other appropriate child protection body; or instituting legal proceedings for damages against the Partner. BB. Plan's authorized representatives may from time to time visit the project, normally at times agreed in advance, to see the progress of the project and review financial records and accounts. The Partner will facilitate such visits as well as from others (e.g. Head Office staff, other partners etc.) as requested by Plan at mutually agreed upon times. Plan, however, reserves the right to vist without prior notice if it believes this to be necessary. ©. The Partner agrees to send appropriate nominated representatives for the specific project meetings called by either Party for the purposes of co-ordination and consultation. D. The Partner shall undertake joint project review with Plan representatives during the project period E. Technical staff, including finance personnel of both Plan and the Partner, can take technical advice or share opinions or provide recommendation, but final authority to make any change in budget andi or program shall ie with Plan. F. The Partner shall submit narrative reports to Plan on the basis of the reporting guidelines and formats provided by Plan for this purpose. Following are the narrative reports required by Pian for the project: 1. A quarterly narrative report will be provided by the closing date of the quarter. This report will be provided for all activities undertaken during the reporting Period based upon the format provided by Plan. 2. An Annual Report will be provided by January 05 of every year. This report will be submitted on the provided format which will cover the yearly project activities. G. The Partneris required to maintain a separate bank account to manage funds disbursed by Plan. In case of PLS account the profit earned will be accounted for and adjusted against contract amount. H. The Partner must keep all financial records of the project in line with the project Gescription, according to standard accounting practices, and must meet the Government of Pakistan's statutory and legal requirements es regards accounts, audit annual reports and annual returns. |. The Partner shall submit to Plan quarterly financial reports in prescribed formats for the duration of the project agreement, showing amounts received and expended to date on @ month-by-month and line-by-line basis, by 10™ of end of the quarter, Financial reports shall include a comparison of actual expenditure against the agreed budget, on a line-by-line basis, for the funds provided by Plan, with explanations for variances from the budget. This report will also show year to date expenditure on ‘month by month and line by line basis. J. With financial report and invoice list you will need to send all the invoices with supporting document scanned copy to Plan, Pakistan OL Printed by Moiz Ali Page 4 of 10 wats K. Failure to produce adequate reports on time may result in delays in processing fund transfers or suspension of funds. Plan will not be responsible for any losses or damages which may result from such delays. L._The Partner shail make avaliable al financial records relating to the project (including source documentation) as required; and shall maintain separatiate records and vouchers in support of funds ciaimed and expended under this Prosject Agreement for the inspection of Pian. These records will be maintained by the Partner for a petiod of sc (6) years or untl itis released in writing by Plan from this requirement M. The Partner will provide one copy of their annual audited aeaccounts, signed by an independent firm of professional aucitors, to Plan within si me=nths of its fnanelal year end. Where possible, a separate schedule is to be prepared and included in’ the annual accounts showing Plan's funded expenditure for thhe year of audit. This Schedule will reconcile to the monthly reports submitted by te Partner to Plan. The Partner agrees to facilitate any other audits that may be reqLiested in relation to the Project by Plan's auditor. If, following an inspection of a project or records, Plan hos reasonable cause to suspect that the Partner has failed to comely with the systeme ard procedures required by this clause, Plan may suspend its funding of project for ‘maximum of 60 days pending further investigation, N. Al goods purchased under the Project should only be used in line with the project proposal. If at the end of the Project, goods remain unallocated or unused, they mavbe divert to another use with the prior written approval of Plan ©. Within four weeks of the termination of this Agreement of completion of the Project upon expity of the Agreement, any assets or other items not used in accordance wits the agreed project, or left unused at the end of the project stall be returned by the Partner to Plan, unless agreed othensise in writing. P. All equipment purchased in this project will be marked with thes source of funding i. (BMZ with German flag already shared with NRSP team) ancy the project lems sre solely to be used for work in the project. After successfull implementation, equipment can be handed over in agreement with GNO and the donor (a Frandover note most te issued on the tempiate approved for the purpose. After project end, the use of project assets (capital goods and equipment) for other purposes must Kbe authorized by donor (BMZ) WV, Responsibilities of Plan A. Upon receipt of the subsequent quarterly advance request by the Partner, Plan wil Conduct a nancial review of the expenciture claimed within 5 days, Subject 10 any adjustments arising out of verification of expenditure, the next qu arterly advance wil be made to the Partner within 15 days. 8, No new instalments shall be transferred unti liquidation of the previous instalment has been submitted and verified by Pian. ©. Plan agrees to monitor and evaluate activities of the Partner on regular intervals: and provide feedback and share openly with the Partner any Significant information gathered from monitoring visits during review session. D. Plan designated staff wil verify actual expenditure on regular basis, E. Plan's staff including internal auditors and operations officers and its agents may review and! or copy the records relating to the project, upon a rnutually agreed upes time. V. Indemnification Printed by Moiz Ali Page 5 of 10 A } Both the Parties agree to indemnify and save each other, their directors, management and the employees, from and against all claims, expenses, costs, losses or damages of any nature whatsoever arising or caused by operations performed hereunder by an act ‘of omission of any of the Party to this Agreement, ts employees, agents, invitees, or ‘sub-contractors unless due to the wilful or criminal negligence of the respective Party or its employees, itis agreed between the Parties that the present support under this Agreement does rot create any obligation, legal, financial or otherwise on the part of Plan to persons Claiming entitlement to compensation or any ather remedies related to personal injury, economic harm or otherwise. Plan accordingly shall assume no responsioity for any injuries, death or any legal action in respect of any employees, agents, or functionaries of the Partner arising out of any activity related to this Agreement. The Partner shall be responsible for all tax liabilties pertaining to this project, applicable to it under the income tax laws of Pakistan; and Plan shall retain the right to deduct income tax at source while disbursing the funds under this Agreement if so required by the laws of Pakistan The Partner is responsible for all work and services which its personne! and any contractors perform. It affirms that the contractors, technical experts and consultants hired by it to perform services for purposes of this Agreement will meet the standards Of qualification and technical and professional competences necessary for the achievement of project activities. The Partner confirms that it shall at all mes comply with all the relevant national labour laws. Plan will not be liable for any losses which may arise due to illegal activites of the Partner of any of its staff VI. Anti-Terrorism, Anti-Bribery and Sanctions oO i) ‘The Partner represents and warrants that it has not provided within the previous 10, years, and wil not provide, material support or resources to any individual or entity that commits, attempts to commit, advocates, facilitates or participates in terrorist, activities, which term includes: a. any act prohibited pursuant to any ofthe United Nations Conventions and Protocols, relating to terrorism; or b. an act of premeditated, politically motivated violence perpetrated against non- combatant targets by sub national groups or clandestine agents, or © any other act intended to cause death or serious bodily injury to a civilian or any other person not taking an active part in hostities in a situation of armed conflict when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organisation to do or abstain from doing any act Plan is under legal obligations to verify that the Partner is not prohibited by relevant anti-terrorism legislation. In doing this, Plan will consider all information thet is reasonably available to it or of which it should be aware. The Partner consents to this. Plan will also implement reasonable monitoring and oversight procedures ‘0 safeguard against being diverted to support terrorist activities, If at any point during the term of this Agreement the Partner is or becomes prohibited by applicable anti- terrorism legislation, Plan may terminate this Agreement with immediate effect and without payment Printed by Moiz Ali Page 6 of 10 wile (ii) aw) The Partner shall (and shall ensure that any Relevant party s®hall) a. comply with ali applicable laws, statutes, regulations and =-codes relating to anti- bribery, anti-corruption andlor economic or financial sanctions including but not limited to the US Foreign Corrupt Practices Act of 1974, UK Bribery Act 2010, and ‘any economic or financial sanctions administered by the U®@rited Nations, the US Office of Foreign Asset Control, the European Union or antey member state of the European Union or any national economic sanctions authority (together with Plan's ‘Anti-Fraud and AntiCorupion Policy refered to beslow, the “Relevant Requirements") b. comply with Plan's Anti-Fraud and Anti-Corruption Policy in ®Force from time to time which the Partner acknowledges that it has received = copy of, read and understood, . have and shall maintain in place throughout the term of the is Agreement its own Policies and procedures, (including adequate procedures uncer the UK Bribery Act 2010), to ensure compliance with the Relevant Requirements and will enforce them where appropriate; and d. promptly report to Plan any request or demand for any unsciue financial or other advantage of any kind received by the Partner in connection with the performance of this Agreement. The Partner shall ensure that any person associated witha the Partner who is performing services or providing goods in connection with thi ss Agreement does co only on the basis of a writen contract which imposes on ard secures from such person terms equivalent to those imposed on the Partnesr in this couse to (Relevant Terms"), The Partner shall be responsible for the observance and performance by such persons of the Relevant Terms, and sheall be direct lable Plan for any breach by such persons of any of the Relevant Terms, Breach of this clause shall be deemed a material breach by the Partner of this Agreement and such breach shall be deemed incapable of remedy VIL. Termination ‘A. This Agreement shall come into force effective 1 September 2015 and shall continue Printed until 30" May 2018, uniess terminated earlier by Pian for any reason whatsoever by giving thirty (30) days written notice the Partner. All notices t© be given under thie Agreement shall be in writing and shall be sent by registered, pre-paid mail to the relevant party, at its address set cut above or as may be notited by the party in accordance with this clause, Notwithstanding anything contained in this Agreement, Plan shall always have the right to suspend the funding of the project and stop all payments I 1, The element of mutual trust or the Partner's organizational capacity has been significantly eroded due to unforeseen circumstances to the extent that itis no longer possible to implement this Agreement in the spirit in which it was entered into; 2._In the event of (a) fraud or misappropriation by the Partner involving Plan funds or (b) fraud or misappropriation (whether or notin relation to Plan funds) by an ‘employee of the Partner who is involved in handling Plan funds 3. Funding stream for the project is adversely affected; or by Moiz Ali Page 7 of 10 4. The fulfilment of this Agreement is beyond the Commo! of either party on grounds of a Force Majeure situation. C. Plan agrees to pay the Partner for activities undertaken until the date of termination; and the Partner agrees to return any remaining funds unspetent to Pian along with 2 complete report based on whatever acivites were carried Out. Plan reserves the right to recover from the Partner the unused funds released and thaxe asseis created out of released funds in case the contract is terminated, if the Pam riner fails to return the balance amount, . In the case of financial irregularities by the Partner, Plan has the ¢ right to claim a refund for the spent amount. Upon completion of activities covered herein to the satisfaction of both the Parties, this Agreement shall expire automatically Vill, General ‘A. This Agreement supersedes all prior, verbal or written agreements, if any, between the Parties and constitutes the entire agreement between themm with respect to thelr responsibilities, B. This Agreement may be amended with the mutual agreement in writing of both the Parties. Any proposed changes to the agreed project area, tareaet group, iis actvtios, objectives or its implementation, with any consequent changes ism budget lines (either i total or in individual ine items), must be formally agreed in wrtimag between the Panos Written consent may be inthe fom of letter from Plan agreeinc3 te proposed changes, based on mutual consent and the approval of Plan, Nether pavrty has the authorly to make decisions for the other, or enter into obligations on behaif cof the other ©. This Agreement and the documents referred to in it constitutes the entire agreement between the parties and supersede any previous agreement. Any amendment or modification to this Agreement shall be in writing, expressed to

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