Name Address Phone

: (diisi dengan nama lengkap dengan gelar akademik, lihat contoh) : (diisi dengan alamat lengkap, lihat contoh) : (diisi dengan nomor telepon lokal/rumah dan handphone, lihat contoh)

This Agreement is made this first day of July 2008 between Madrasah Education Development Project (the EA 1 ) and (diisi dengan nama lengkap, lihat contoh) The EA wishes to engage the Facilitator under contract to provide the service for office management and support to the office of District Coordinating Unit (DCU) will be assigned to 45 schools and report to Provincial Project Coordinator (DCU). (See TOR in Appendix 2). The Parties agree to the terms and conditions set out in Appendix 1(A-C): Terms and Conditions, and Appendix 2: Terms of Reference.

The Parties have caused this Agreement to be signed on the date mentioned above.

For and on behalf of the EA

Facilitator

[ Drs. H. Firdaus, M.Pd.] ] Deputy Project Director NIP. 150 129 312

[diisi dengan nama lengkap, lihat contoh

1 The EA is to select the basis upon which the Facilitators will be remunerated under the

contract namely, [Option A – Standard Cost Plus Fee], [Option B – Full Lump Sum] or [Option C – Partial Lump Sum].
MEDP Loan Number: INO-2294 – [ 1 ]

D-3. Facilitator means the person who will provide the services for CPMU with constant office management and secretarial support in terms of the availability of databases. Consultancy inputs mean the amount of the time when the Facilitator’s services are required during the engagement. Facilitator’s Place of Residence is the city or province where the facilitator holds permanent residence or office. Home Office work means Facilitator’s work at the Facilitator’s own office or residence. D-13. Contract comprises the Offer Letter. Term of Engagement means the period when the Contract is effective. Grant is any grant financed or co-financed by ADB. D-9. D-5. D-6. No#] DEFINITIONS D-1. D-7. M & E instruments and results. if the engagement is through a firm. D-2. D for Definitions. S for Specific Conditions and G for General Conditions. the General Conditions. MEDP Loan Number: INO-2294 – [ 2 ] . Services means the services the Facilitator will perform as specified in the Terms of Reference (“TOR”) in Appendix 2. Field work means Facilitator’s work at an Assignment Location other than the Facilitator’s Place of Residence. The Contract becomes effective upon receipt of the EA’s NTP. Loan is the loan financed or co-financed by the ADB for the purpose of financing the Project. D-11. D-8. the Specific Conditions. D-12. ADB means the Asian Development Bank. D-4. Project means MEDP which the project under the Loan or Grant for which the Service is required.Appendix 1-A TERMS AND CONDITIONS OF CONTRACT [Ref. One person-month is equivalent to 30 calendar days or 22 working days . D-10. The NTP is issued after the Facilitator accepts the offer. Executing Agency (EA) is the organization or government agency of the Government with which the Facilitator signs the Contract. basic statistics. Firm means the company or organization through which the Monitoring and Evaluation Specialist is engaged. and the Notice to Proceed (NTP) and Appendixes to any of these documents. The reference to “Firm” in the General Conditions may be disregarded if the Contract is signed directly between the EA and the Facilitator.

if any. Jakarta Pusat. Remuneration: A lump sum of Rp. lihat contoh) Cabang (diisi dengan cabang dari bank. Firdaus. Lantai 8. No ] SPECIFIC CONDITIONS S-1. H. lihat contoh) S-11. Payment will be made in accordance with General Conditions Clause 3 and 4. the NTP shall prevail. Bank Account of the : Account No (diisi dengan nomor rekening. lihat contoh) S-9. Executing Agency: Name : Drs. M.3504258 Facsimile : 021. lihat contoh) Facilitator (diisi dengan alamat lengkap. Assignment Location: MEDP Office at Jl. Consultancy Inputs: As required by Terms of Reference (TOR) in Appendix 2.500. 21. Should the NTP indicate a commencement date and completion date different from the above.-/month which includes remuneration and all expenses except for reimbursable expenses.-] S-7. Facilitator's Name : Occupation : Address : Phone : e-Mail : Information: (diisi dengan nama lengkap dengan gelar akademik. lihat contoh) (diisi dengan alamat e-mail pribadi.Pd Occupation : Authorized Commitment Maker of Work Unit of Ministry of Religious Affairs Year 2008 Address : MORA Building Floor 8 Jl. 3. The commencement date is confirmed in the Notice to Proceed (NTP). S-3. S-5. lihat contoh) Bank (diisi dengan nama bank. S-4.Appendix 1-B TERMS AND CONDITIONS OF CONTRACT [Ref. lihat contoh) (diisi dengan nomor telepon lokal/rumah dan handphone.000. 3-4.3508154 S-8. S-2. Lapangan Banteng Barat No. S-6. Currency of Payment: Indonesian Rupiah S-10. Contract Amount: [Rp.000.Lapangan Banteng Barat 3-4 Jakarta Pusat Telephone : 021. Details on S-1 to S-3 are further specified in the Terms of Reference (TOR) in Appendix 2. Term of Engagement: The Facilitator Specialist shall make himself available for Services from 1 July 2008 to 31 December 2008 on an intermittent basis.000. Billing Unit: MEDP Treasurer MEDP Loan Number: INO-2294 – [ 3 ] .

d. ii. Facilitators and consulting firms under ADD financed contracts shall also act in accordance with ADB’s policy on sexual harassment. other than those shown in this Contract have been given or received in connection with the selection of the Facilitator or in the Contract’s execution. . and weekends except the weekend that falls at the end of the assignment. and General Conditions Clause 4. at a location other than the Facilitator’s place of residence. commissions or other payments. iii. MEDP Loan Number: INO-2294 – [ 4 ] b. part time) commitment to provide Consultancy Inputs. By working days for the days that the Facilitator works full-time to provide the services at his or her home office. The field time includes the time required to travel to and from the assignment location via the most direct route. No#] GENERAL CONDITIONS G-1. By calendar days for the time the Facilitator’s spends on the services in the field. The EA reserves its right to evaluate the Facilitators performance and to maintain a record of the performance evaluation to refer to if the Facilitators is considered for re-engagement. The Facilitators also undertakes that no fees. if the EA engages the Facilitator through a Firm. the Facilitator shall work full time and shall diligently and effectively complete the services under the TOR. c. The payment is subject to the terms and conditions in Specific Conditions Clause 5. Contractual Ethics . that is.Appendix 1-C TERMS AND CONDITIONS OF CONTRACT [Ref.the EA requires that Facilitators and consulting firms under the Loan or Grant observe the highest standard of ethics (refer to Section 1. that is. the Facilitator’s place of residence. the EA official holidays. Sections b.During the Term of Engagement when the Facilitators inputs are required. the EA shall pay the remuneration in the following way: i. to the Firm.org). and/or. Performance of the Facilitator . gifts.adb. The EA shall pay remuneration for the period in which the EA requires the Facilitators full time (only if agreed in this Contract. rebates.05 of the Guidelines on the Use of Facilitators by Asian Development Bank and Its Borrowers and the ADB’s Policy on Anti-Corruption. gratuities. General Conditions Clause 3. If Specific Conditions Clause 5 does not indicate a lump sum and if the Consultancy Inputs are less than 30 calendar days or 22 working days. a copy may be obtained by visiting www. the EA shall pay the Facilitators remuneration either to the Facilitators Monitoring and Evaluation Specialist or. Remuneration a. The maximum number of paid working days in a calendar month is 22 for purposes of this Contract. G-3. G-2.

which is indicated in Specific Conditions Clause 5. By person-months. ii. b. unless otherwise specified in the TOR. Reports . The Facilitator. or the Firm if the Facilitator is engaged through a firm. shall be considered as irrevocably waived after the closure of the Contract account. If the EA reengages the Facilitator for a new assignment in the future. Payment a. Except for the monthly and final invoice which shall be submitted by the Facilitator to the EA. G-5. if any. i. d. and weekends except the weekend that falls at the end of the assignment. If Specific Conditions Clause 5 does not indicate a lump sum and if the Consultancy Inputs are 30 calendar days or more. all requests for advances. G-6. and all communication related to the execution of this Contract shall be in English language. e. Contract variations or handover of equipment by the Facilitator to the EA if any equipment is purchased by the Facilitator using the EA funds. The EA does not accept a third party’s bank account other than the contracting party’s account. the EA shall make the final payment based on the Contract’s account record certified by the EA after the settlement of any pending matters. In the case of Firm.The Facilitator shall submit to the EA reports and/or other written and electronic documents as required in the TOR. including the time required to travel to and from the assignment location via the most direct-route. The EA payments shall be made to the bank account as specified in Specific Conditions Clause 13. the EA shall determine the amount it offers for each assignment.All reports. The EA will then close the Contract account after the final payment. iii. the letter must be signed by the same person who signed this Contract on behalf of the firm or an authorized representative of the Firm. Language . the remuneration it offers might be different from the rate for this assignment. The EA discourages frequent change of Firm/ Facilitator’s account and requires an official request with justifications for such a change. f. c. G-4. Payment follows the EA certifying that Services are satisfactory.c. from the Facilitator or the Firm. the EA pays remuneration as follows. the EA calculates daily remuneration rates by dividing the monthly rate by 30 for a calendar day and by 22 for a working day. Total payment under this Contract shall not exceed the maximum amount indicated in Specific Conditions Clause 7 unless the EA issues a Contract variation order to amend the maximum amount. All payment claims to the EA. If no final invoice is received by the EA within 60 calendar days after the completion of the Term of Engagement or termination of the Contract. queries and follow-ups regarding status of payments should be sent to the MEDP Treasurer. A 500-word (maximum) knowledge summary will be MEDP Loan Number: INO-2294 – [ 5 ] . such as outstanding advance payment. the EA official holidays. shall submit the final invoice within 60 calendar days after the completion of the Term of Engagement or termination of the Contract.

The Facilitator. unless otherwise instructed by the EA. costs. Such equipment shall remain as the EA’s property and should be handed over to the EA.Nothing contained in this Contract shall be construed as establishing any relationship other than that of independent contractor between the EA and the Facilitator. or the Firm if the Facilitator is engaged through a firm. damages. proceedings. G-9. laptop or notebook for performing the Services. G-11. The Facilitator should refrain from any political activity involving the assignment or in the country where the project takes place during the Term of Engagement. The Facilitator. In special cases. After concluding the Term of Engagement. and systems) procured by the Facilitator from the EA funds or used by the Facilitator in the carrying out of the Services do not violate or infringe on any industrial property or intellectual property right or any third party claim. The Facilitator. and the Firm if the Facilitator is engaged through a firm.The Facilitator. Disclosure of Information . shall use. has no authority to commit the EA in any capacity and shall make this clear as circumstances warrant. Equipment . and the Firm if the Facilitator is engaged through a firm. and the Firm if the Facilitator is engaged through a firm. These include the Facilitator’s or Firm’s infringing or allegedly infringing copyright. and disbursements that may be imposed on.The Facilitator. G-12. liabilities. shall indemnify the EA from and against any and all claims. patent. unless otherwise approved by the EA. All reports. Intellectual Property . when necessary. the Facilitator shall continue to cooperate with the EA to clarify or explain any contents in the reports the Facilitator submits.org). or asserted against the EA for actions related to performing the Services. incurred by. obligations. or other protected right. Relationship of the Parties . losses. G-10. The Facilitator may retain copies of such documents and data but shall not use the same for purposes unrelated to the Services without the prior approval of the EA. suits. expenses. G-8. G-7. penalties.included in the front section of the final report to be delivered on a CD. and the Firm if the Facilitator is engaged through a firm. software. and the Firm if the Facilitator is engaged through a firm. demands. G-13. Subcontracting . Public Statement and Commitment . actions. shall not assign or sub-let the Contract or any part of it without the prior written consent of the EA for an approved sub-contract. the EA has the right to direct the disposal of such property which may be made available to the general public in the EA’s sole discretion.The EA’s engagement of the Facilitator is conditional upon the Facilitator’s or the Firm’s confirmation to the EA that the MEDP Loan Number: INO-2294 – [ 6 ] . shall act discretely and refrain from making public statements about the Services or any the EA projects without the EA’s prior written approval. shall ensure that all its Services and all goods and services (including without limitation all computer hardware. trademark. Disability or Incompetence of the Facilitator . specifications. notes drawings. shall comply with the ADB Policy on Confidentiality and Disclosure of Information (a copy may be obtained by visiting www. Upon Contract termination or conclusion. plans and other documents and data compiled or made by the or the Facilitator Expert while performing the Services shall be the sole and exclusive property of the EA. It is understood that the Facilitator shall use his/her own computer or laptop to complete the Reports.The Facilitator.It is agreed that the Facilitator. the EA may provide funds under the Contract for the Firm/ Facilitator to purchase equipment for use by the Facilitator during the Term of Engagement. and the Firm if the Facilitator is engaged through a firm. upon the termination of the Contract. statistics. his/her own computing tools.adb.

as defined by ADB in the ADB’s Anticorruption Policy and in Section 1. The Facilitator must substantiate such reasons in writing. immediately if the EA determines that the Services to date are so deficient as to demonstrate that the Services cannot be satisfactorily performed. or the disbursement of funds hereunder. The Facilitator shall also report to the EA immediately any circumstances which might hinder or prejudice performance of the Services. and the Firm if the is engaged through a firm. Reasonable costs for the orderly termination of Services. coercive. the Facilitator. shall be entitled to the difference between: i. or ii. or corrupt. The Facilitator. fraudulent.The Facilitator shall report immediately to the EA any accident involving personal injury or property damage during the Term of Engagement. G-15. Notwithstanding the above. or the failure of the EA to respond to such submission of justification within 15 days from receipt. shall immediately bring the Services to an orderly close and reduce expenditures to a minimum. direct or indirect. the Facilitator. may terminate the Contract if there are circumstances beyond the Facilitator’s reasonable control which make it impossible to carry out the Services. and MEDP Loan Number: INO-2294 – [ 7 ] c. with the effective carrying out of the assignment or accomplishing the Services for a specified period of time not to exceed 30 working days. or collusive practices . or the Firm if the Facilitator is engaged through a firm. including return travel by the Facilitator. Unless the Facilitator’s default causes termination. are reimbursable. the Facilitator or the Firm incurs in the performance of the Services up to the date of termination. give the EA any medical or other evidence as the EA may reasonably require. If at any time in the EA’s opinion. upon the expiration of a period of time of not less than 15 calendar days after written notice of its intention to terminate has been given to the Facilitator. or the Firm if the Facilitator is engaged through a firm. Termination Procedure . the Facilitator shall be relieved from performing the Services and this Contract shall be terminated.05 of the Guidelines on the Use of Facilitator by Asian Development Bank and its Borrowers. for a period as the EA deems necessary if the EA determines that a condition has arisen which. interferes. is entitled to full reimbursement for costs duly and reasonably incurred prior to the termination date. Suspension. whether for reasons of health or otherwise. the EA may terminate this Contract. If termination is occasioned by the Facilitator’s or the Firms’ default. if called upon to do so. The Facilitator shall. in the reasonable opinion of the EA. the costs. and the Firm if the Facilitator is engaged through a firm. the Facilitator or the Firm if the Facilitator is engaged through a firm. Unusual Incidence . Upon the EA’s confirmation in writing. Termination of Contract a.Upon termination of the Contract or the EA giving such notice. The EA may suspend performance of the whole or part of the Contract. the Facilitator is unable to perform or to complete the Services adequately. G-14. or the EA as the case may be. or iii. this Contract may be terminated by the EA: i. b.Facilitator is healthy and without physical or mental disability that may interfere with performing the Services. . or threatens to interfere. immediately if the EA determines that the Facilitator. has engaged in unethical behavior.

G-17. The arbitration shall take place in [country of EA]. Each party should settle amicably all disputes arising out of or connected with this Contract or its interpretation through the following procedure: each party’s authorized representative will examine the matter(s) in dispute and consider available options to resolve such dispute. b.The Contract as amended from time to time under the foregoing provisions supersedes all prior arrangements whether written or oral. and records relating to this Contract. G-18. G-20. Entire Agreement and Contract Amendment . expressed or implied. G-19. nor shall any single or partial exercise of such power or right preclude any other or further exercise or any other power or right under this Contract. Settlement of Disputes a. whether partly or wholly. The resulting award shall be final and binding on the parties and shall replace other remedies.ii. agree to allow the EA or ADB or a representative authorized by the EA or ADB to inspect and audit any accounts. and the Firm where the Facilitator is engaged through a firm. Delays . Any dispute or difference arising out of this Contract or in connection with it which cannot be amicably settled between the parties under (a) above shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed under the said Rules. of any of the Contract’s terms or conditions shall be valid only if in writing and signed by the authorized party of the EA. G-16. documents. The amendment. The parties will seek agreement on the most reasonable option to resolve the dispute and act appropriately to that end. or the Firm if the Facilitator is engaged through a firm. or the Firm where the Facilitator is engaged through a firm. or fax to the authorized party. The authorized party under this Contract for the EA is described in Specific Conditions Clause 7 and the authorized party for the Facilitator is the person who confirms the acceptance of the Offer Letter and is described in Specific Conditions Clause 8 unless otherwise notified by the Facilitator. the aggregate of all sums the EA paid to the Facilitator or the Firm under the Contract. MEDP Loan Number: INO-2294 – [ 8 ] . and the EA agree that avoidance or early resolution of disputes is crucial for smoothly executing this Contract and completing the assignment. The language of arbitration shall be English and each party shall bear its own costs.The Facilitator.Any notice or request required or permitted under this Contract shall be in writing.No failure or delay on the part of the EA in exercising any power or right under this Contract shall operate as a waiver of that power or right. Notices and Requests . mail. Such notice or request shall be deemed to be fully given or made when it is delivered by hand. Inspection and Audit . The Facilitator.

DCU Asian Development Category Individual Bank [ADB] Objective/Purpose of the Assignment: In an effort to produce proper madrasah development plan (MDP) CPMU will recruit facilitator to assist the madrasah in preparing MDP. ii) iii) iv) v) vi) Assist the DCU in consolidating and evaluating proposed MDPs. In technical matters the Advisors will provide advice and support to the Facilitator. Assist Project Coordinator and Advisors to develop an annual program of activities for the province with reference to the clusters of madrasah to which they are assigned. advisor and other specialist. and Inform the Advisors of any difficulties being encountered in implementation of MEDP activities and assist in arranging consultations between Advisors and madrasah as required. MEDP Loan Number: INO-2294 – [ 9 ] . DCU. Make routine visits to madrasah in the clusters in accordance with the work schedule and more frequently as required.Appendix 2 TERMS OF REFERENCE Contract Project Expertise Source Ministry of Religious Affairs (MORA) Republic of Indonesia Directorate General of Islamic Education INO: Madrasah Education Development Project Loan: Loan-2294 Fasilitators. vii) viii) Report all progress and improvement on programs to DCU on monthly basis on the fifth of each month. Assist in the PMIS advisor in monitoring implementation of madrasah development plans and other madrasah improvement activities. and to assist DCU in consolidating and evaluating proposed MDPs and they will assist the day to day activities of madrasah. Detailed Tasks: i) Assist the madrasah in preparing madrasah development plan (MDP). One Facilitator will be assigned to 4-5 schools. Assist the Quality Assurance/Teacher Quality Improvement Advisor and the Management and Planning Advisors in arranging and delivering training programs for madrasah staff and others in the clusters. At the local level the Facilitators will be expected to liaise with the Kandep Mapenda. Scope of Work: The Facilitator will be appointed by the CPMU and report to the Provincial Project Coordinator.

Monthly report on progress and improvement of program to DCU. Developed Program of activities for the province with reference to the clusters of madrasah to which they are assigned. M. Dr. Facilitator.Project Manager. Design Training programs for madrasah staff and others in the clusters. Scheduled routine visits to madrasah Monitoring implementation of madrasah development plans and other madrasah improvement activities. and Make communications of consultations between Advisors and madrasah as required. MEDP Loan Number: INO-2294 – [ 10 ] .Pd [ diisi dengan nama lengkap ] NIP 150270092 Output/Reporting Requirements: i) ii) iii) iv) v) vi) vii) Consolidated and evaluated proposed MDPs. Places of Assignment: Jakarta Days Estimated Dates 1 July 2008 to 31 December 2008 180 Calender days or 132 working days (dd/mm/yyyy) July 2008 NOTE: Actual schedule to be confirmed with User Unit. Rohmat Mulyana.