Institutional Arrangements. 1. The Borrower shall ensure that, until the completion of the execution of the Project, SEPLAG shall have competent staff in adequate numbers with qualifications and experience satisfactory to the Bank, including the following key staff: a Project coordinator, a procurement specialist and a financial management specialist. 2. The Borrower shall: (a) have all the procurement records and documentation for each fiscal year of the Project audited, in accordance with appropriate procurement auditing principles by independent auditors acceptable to the Bank; (b) furnish to the Bank as soon as available, but in any case not later than six months after the end of each such fiscal year, the procurement audit report of such audit by said auditors, of such scope and in such detail as the Bank shall have reasonably requested; and (c) furnish to the Bank such other information concerning said procurement records and documentation and the procurement audit thereof as the Bank shall from time to time reasonably request. 3. The EEPs will comply with the eligibility criteria and procedures set forth in the Project Operational Manual. 4. If, at any time, the Bank determines that any portion of the Loan Proceeds was used for items improperly procured in violation of Section III to this Schedule, was not used for Eligible Expenditures or, in case of the Eligible Expenditure Programs of Part 1 of the Project, was not supported by evidence of actual spending by the Borrower under said Eligible Expenditure Programs and/or by evidence of satisfaction of other criteria set forth in this Agreement or in the Project Operational Manual, the Borrower shall promptly refund any such portion to the Bank as the Bank shall specify by notice to the Borrower. 5. The Borrower and the Bank may jointly review, by mid-term, the amounts assigned per budget line to the Eligible Expenditure Program detailed in Schedule 4 to this Agreement, and adjust, as necessary, in a manner satisfactory to the Bank. 6. The budget line numbers indicated in Schedule 4 to the Loan Agreement shall conform to the Borrower’s budget law. The Borrower and the Bank agree that such budget line numbers may change under the Borrower’s budget law, provided however that there is no change in the corresponding EEP described in Part 1 of Schedule 1 and in Schedule 4 to the Loan Agreement and in the underlying activities to be financed by the Bank under such EEP.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Institutional Arrangements. 1. The Borrower shall, through SEAPPA, SEA, SESDEC, SEEDUC, and SEDEIS, carry out the Project in accordance with the Project Operational Manual, including the Procurement Plan, the Annual Operating Plan, the Environmental Management Framework and the Involuntary Resettlement Framework and other arrangements as per paragraph 7 below, except as the Bank shall ensure thatotherwise agree, shall not amend or waive any provision of these documents without the Bank’s prior written approval. In case of any conflict between the terms of said documents and those of this Agreement, the terms of this Agreement shall prevail.
2. The Borrower shall maintain, until the completion of the execution of the Project, SEPLAG shall have a Project implementation unit (the Project Implementation Unit) within SEAPPA and with competent staff in adequate numbers with qualifications and experience satisfactory to the BankBank and, as applicable, selected in accordance with the provisions of Section III of this Schedule, including the following key staff: a Project coordinator, a technical coordinator, an administrative coordinator, a procurement specialist and a financial management specialist.
23. The Borrower shall cause EMATER and PESAGRO to maintain, until the completion of the execution of the Project, competent staff responsible for the implementation of the Project in adequate numbers with qualifications and experience satisfactory to the Bank and, as applicable, selected in accordance with the provisions of Section III of this Schedule.
4. The Borrower shall maintain, until the completion of the execution of the Project, an advisory council (the State Sustainable Rural Development Council) to convene at least once every semester to discuss Project implementation, and shall promptly submit the minutes of said meetings to the Bank.
5. The Borrower shall create and thereafter maintain, until the completion of the execution of the Project, the committees (the Microcatchment Development Committees) to convene at least once every quarter to approve Subprojects, and shall promptly submit the minutes of said meetings to the Project Implementation Unit.
6. The Borrower shall create and thereafter maintain, until the completion of the execution of the Project, the regional development councils (the Regional Development Councils) and the municipal councils (the Municipal Councils).
7. No later than six months after the Effective Date, the Borrower, through SEAPPA, shall finalize the institutional arrangements containing terms and conditions approved by the Bank as further specified in the model form included in the Project Operational Manual with respectively SEA, SESDEC, SEEDUC, and SEDEIS for the implementation of Components 1, 2 and 3 of the Project and with other partners for the implementation of Component 3 of the Project. Said arrangements will be incorporated no later than six months after the Effective Date, in the Project Operational Manual and the Borrower shall cause SEAPPA and respectively SEA, SESDEC, SEEDUC, SEDEIS and other partners within their responsibilities to comply with said arrangements until the end of the execution of their respective Components of the Project. Except as the Bank shall otherwise agree, the Borrower shall not amend or waive any provision of these arrangements once incorporated in the Project Operational Manual so as to affect materially and adversely, in the opinion of the Bank, the ability of SEA, SESDEC, SEEDUC, SEDEIS and other partners or the ability of the Borrower to perform any of their obligations under this Agreement or said institutional arrangements. In case of any conflict between the terms of said arrangements and those of this Agreement, the terms of this Agreement shall prevail.
8. The Borrower shall, at least once a year during Project implementation on or about December 1, commencing on the first such date after the Effective Date, prepare and furnish to the Bank a plan (the Annual Operating Plan) for the Project operation during the following twelve months.
9. The Borrower shall: (a) have all the procurement records and documentation for the Subprojects for each fiscal year of the Project audited, in accordance with appropriate procurement auditing principles by independent auditors acceptable to the Bank; (b) furnish to the Bank as soon as available, but in any case not later than six months after the end of each such fiscal year, the procurement audit report of such audit by said auditors, of such scope and in such detail as the Bank shall have reasonably requested; and (c) furnish to the Bank such other information concerning said procurement records and documentation and the procurement audit thereof as the Bank shall from time to time reasonably request.
3. The EEPs will comply with the eligibility criteria and procedures set forth in the Project Operational Manual.
4. If, at any time, the Bank determines that any portion of the Loan Proceeds was used for items improperly procured in violation of Section III to this Schedule, was not used for Eligible Expenditures or, in case of the Eligible Expenditure Programs of Part 1 of the Project, was not supported by evidence of actual spending by the Borrower under said Eligible Expenditure Programs and/or by evidence of satisfaction of other criteria set forth in this Agreement or in the Project Operational Manual, the Borrower shall promptly refund any such portion to the Bank as the Bank shall specify by notice to the Borrower.
5. The Borrower and the Bank may jointly review, by mid-term, the amounts assigned per budget line to the Eligible Expenditure Program detailed in Schedule 4 to this Agreement, and adjust, as necessary, in a manner satisfactory to the Bank.
6. The budget line numbers indicated in Schedule 4 to the Loan Agreement shall conform to the Borrower’s budget law. The Borrower and the Bank agree that such budget line numbers may change under the Borrower’s budget law, provided however that there is no change in the corresponding EEP described in Part 1 of Schedule 1 and in Schedule 4 to the Loan Agreement and in the underlying activities to be financed by the Bank under such EEP.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Institutional Arrangements. 1. The Borrower shall, through CATI and CBRN (each within their respective area of autonomy and competence), carry out the Project in accordance with the Project Operational Manual, including the Procurement Plan, the Annual Operating Plans, the Environmental Management Framework, the Involuntary Resettlement Framework and the Indigenous Peoples Planning Framework and except as the Bank shall ensure thatotherwise agree, shall not amend or waive any provision of these documents without the Bank’s prior written approval. In case of any conflict between the terms of said documents and those of this Agreement, the terms of this Agreement shall prevail.
2. The Borrower shall maintain, until the completion of the execution of the Project, SEPLAG shall have a joint CATI/CBRN Project management unit (the Project Management Unit) physically located in CATI premises and with competent staff in adequate numbers with qualifications and experience satisfactory to the BankBank and selected in accordance, as applicable, with the provisions of Section III of this Schedule, including the following key staff: a Project coordinatorcoordinator (from CATI), two technical managers (one from CATI and one from CBRN), a procurement specialist and specialist, a financial management specialist, a social safeguard specialist and an ennvironmental safeguard specialist.
23. The Borrower shall maintain, until the completion of the execution of the Project, CATI Regional Units and SMA Regional Units, with competent staff in adequate numbers with qualifications and experience satisfactory to the Bank and selected in accordance, as applicable, with the provisions of Section III of this Schedule.
4. The Borrower shall maintain, until the completion of the execution of the Project, a steering council (the Steering Council) to convene at least once every semester, and shall submit the minutes of said meetings to the Bank.
5. The Borrower shall convene, until the completion of the execution of the Project, a consultative forum (the Consultative Forum) at least once every year, and shall submit the proceedings of said meetings to the Bank.
6. The Borrower shall, at least once a year during Project implementation on or about December 1, commencing on the first such date after the Effective Date, prepare and furnish to the Bank a plan (the Annual Operating Plan) for the Project’s operation during the following twelve months.
7. The Borrower shall: (a) have all the procurement records and documentation for the Subprojects for each fiscal year of the Project audited, in accordance with appropriate procurement auditing principles by independent auditors acceptable to the Bank; (b) furnish to the Bank as soon as available, but in any case not later than six months after the end of each such fiscal year, the procurement audit report of such audit by said auditors, of such scope and in such detail as the Bank shall have reasonably requested; and (c) furnish to the Bank such other information concerning said procurement records and documentation and the procurement audit thereof as the Bank shall from time to time reasonably request.
38. The EEPs will To carry out the Project, the Borrower, through the Project Management Unit, shall sign no later than twelve months after the Effective Date and thereafter maintain and comply with a memorandum of understanding with FUNAI containing terms and conditions approved by the eligibility criteria and procedures set forth Bank as further specified in the Project Operational Manual.
4. IfThe Borrower, at any timethrough the Project Management Unit, shall exercise its rights and carry out its obligations under said memorandum of understanding in such manner as to protect the interests of the Borrower and the Bank determines that any portion and to accomplish the purposes of the Loan Proceeds was used for items improperly procured in violation of Section III to this Schedule, was not used for Eligible Expenditures or, in case of Loan. Except as the Eligible Expenditure Programs of Part 1 of the Project, was not supported by evidence of actual spending by the Borrower under said Eligible Expenditure Programs and/or by evidence of satisfaction of other criteria set forth in this Agreement or in the Project Operational ManualBank shall otherwise agree, the Borrower shall promptly refund not assign, amend, abrogate or waive said memorandum of understanding or any such portion to of its provisions. In case of any conflict between the Bank as the Bank shall specify by notice to the Borrower.
5. The Borrower terms of said memorandum of understanding and the Bank may jointly review, by mid-term, the amounts assigned per budget line to the Eligible Expenditure Program detailed in Schedule 4 to those of this Agreement, and adjust, as necessary, in a manner satisfactory to the Bank.
6. The budget line numbers indicated in Schedule 4 to the Loan terms of this Agreement shall conform to the Borrower’s budget law. The Borrower and the Bank agree that such budget line numbers may change under the Borrower’s budget law, provided however that there is no change in the corresponding EEP described in Part 1 of Schedule 1 and in Schedule 4 to the Loan Agreement and in the underlying activities to be financed by the Bank under such EEPprevail.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Institutional Arrangements. 1. The Borrower Recipient, shall ensure thatcarry out the Project in accordance with this Agreement, until and for this purpose, the completion of Recipient:
(a) through the execution of the ProjectMINR, SEPLAG shall have competent staff in adequate numbers with qualifications establish and experience thereafter maintain throughout Project implementation, a Project Implementation Unit (“PIU”) satisfactory to the BankAssociation, including the following key with a structure, staff: a Project coordinator, a procurement specialist functions, responsibilities and a financial management specialist.
2. The Borrower shall: (a) have all the procurement records and documentation for each fiscal year of the Project audited, in accordance with appropriate procurement auditing principles by independent auditors acceptable to the Bank; (b) furnish to the Bank adequate resources as soon as available, but in any case not later than six months after the end of each such fiscal year, the procurement audit report of such audit by said auditors, of such scope and in such detail as the Bank shall have reasonably requested; and (c) furnish to the Bank such other information concerning said procurement records and documentation and the procurement audit thereof as the Bank shall from time to time reasonably request.
3. The EEPs will comply with the eligibility criteria and procedures set forth in the Project Operational Implementation Manual, to be responsible for the overall management and supervision of Project implementation, and carrying out Parts 1, 2, 4 and 5 of the Project; and
(b) not later than three months after the Effective Date, through the NIS, shall establish a Dedicated Census Office satisfactory to the Association, with a structure, staff, functions, responsibilities and adequate resources as set forth in the Project Implementation Manual, to be responsible for carrying out Part 3 of the Project.
2. Not later than one month after the Effective Date, the Recipient shall establish and thereafter maintain throughout Project implementation a Steering Committee with a composition and functions satisfactory to the Association, including the responsibility to provide strategic guidance on Project implementation, and ensure coordination across the Recipient’s institutions and agencies, as set forth in the Project Implementation Manual.
3. Not later than three months after the Effective Date, the Recipient shall establish and thereafter maintain throughout Project implementation a Local Census Commission in each of the Recipient’s six districts with a composition and functions satisfactory to the Association, including the responsibility to coordinate the carrying out of the census at district level, as set forth in the Project Implementation Manual.
4. If, at any timeNot later than one month after the Effective Date, the Bank determines that any portion of Recipient shall establish and thereafter maintain throughout Project implementation Project Technical Committees with a composition and functions satisfactory to the Loan Proceeds was used for items improperly procured in violation of Section III Association, including the responsibility to this Scheduleensure coordination amongst Project stakeholders, was not used for Eligible Expenditures or, in case of the Eligible Expenditure Programs of Part 1 of the Project, was not supported by evidence of actual spending by the Borrower under said Eligible Expenditure Programs and/or by evidence of satisfaction of other criteria as set forth in this Agreement or in the Project Operational Implementation Manual, the Borrower shall promptly refund any such portion to the Bank as the Bank shall specify by notice to the Borrower.
5. The Borrower and Not later than one month after the Bank may jointly review, by mid-termEffective Date, the amounts assigned per budget line to the Eligible Expenditure Program detailed in Schedule 4 to this Agreement, Recipient shall maintain throughout Project implementation a Private Sector Working Group with a composition and adjust, as necessary, in a manner functions satisfactory to the Bank.
6. The budget line numbers indicated in Schedule 4 Association, including the responsibility to the Loan Agreement shall conform to the Borrower’s budget law. The Borrower and the Bank agree that such budget line numbers may change coordinate telecommunications investments under the Borrower’s budget lawProject, provided however that there is no change as set forth in the corresponding EEP described in Part 1 of Schedule 1 and in Schedule 4 to the Loan Agreement and in the underlying activities to be financed by the Bank under such EEPProject Implementation Manual.
Appears in 2 contracts
Sources: Financing Agreement, Financing Agreement
Institutional Arrangements. 1(a) The Borrower through SAR, shall cause the Project to be carried out in accordance with the Project Operational Manual, including the Procurement Plan, the Annual Operating Plan, the Environmental Management Framework, the Involuntary Resettlement Framework and the Indigenous Peoples Framework; and (b) except as the Bank shall otherwise agree, the Borrower shall not amend or waive any provision of these documents without the Bank’s prior written approval. In case of any conflict between the terms of said documents and those of this Agreement, the terms of this Agreement shall prevail.
2. The Borrower shall ensure thatmaintain, until the completion of the execution of the Project, SEPLAG shall have a Project implementation unit (the Project Implementation Unit) within SAR and with competent staff in adequate numbers with qualifications and experience satisfactory to the BankBank and in accordance, as applicable, with the provisions of Section III of this Schedule, including the following key staff: a Project coordinator, an environment specialist, a social specialist, an administrative coordinator, a procurement specialist and a financial management specialist.
23. The Borrower shall maintain, until the completion of the execution of the Project, a council (the Technical Council of Representatives) to convene at least once every semester, and shall submit the minutes of said meetings to the Bank.
4. The Borrower shall, at least once a year during Project implementation on or about December 1, commencing on the first such date after the Effective Date, prepare and furnish to the Bank a plan (the Annual Operating Plan) for the Project’s operation during the following twelve months.
5. The Borrower shall furnish to the Bank no later than 30 days after the Effective Date and thereafter every six months after the Effective Date, regular reports (the EEP Spending Reports) prepared in accordance with the provisions of the Project Operational Manual and the additional instructions referred to in Section IV.A.1 of this Schedule.
6. The Borrower shall furnish to the Bank on or about April 5 and October 5 each year starting on any such date after the Effective Date, a procurement report (the Procurement Plan Report) confirming that all procurement activities under the Project have been carried out in accordance with the Procurement Plan.
7. The Borrower shall: (a) have all the Project’s procurement records and documentation (including those for the Subprojects) for each fiscal year of the Project audited, in accordance with appropriate procurement auditing principles by independent auditors acceptable to the Bank; (b) furnish to the Bank as soon as available, but in any case not later than six nine months after the end of each such fiscal year, the procurement audit report of such audit by said auditors, of such scope and in such detail as the Bank shall have reasonably requested; and (c) furnish to the Bank such other information concerning said procurement records and documentation and the procurement audit thereof as the Bank shall from time to time reasonably request.
38. The Borrower, through SAR, shall ensure and/or cause to be ensured, that the EEPs will comply with the eligibility criteria and procedures set forth in the Project Operational Manual.
49. If, at any time, the Bank determines that any portion of the Loan Proceeds financing under the Project was used for items improperly procured in violation of Section III to this Schedule, was not used for Eligible Expenditures or, in case of the Eligible Expenditure Programs of Part 1 of the Project, was not supported by evidence of actual spending by the Borrower under said Eligible Expenditure Programs and/or by evidence of satisfaction of other criteria set forth in this Agreement or in the Project Operational Manual, the Borrower shall promptly refund any such portion to the Bank for subsequent withdrawal or for cancellation thereof, as the Bank shall specify by notice to the Borrower.
5. The Borrower and the Bank may jointly review, by mid-term, the amounts assigned per budget line to the Eligible Expenditure Program detailed in Schedule 4 to this Agreement, and adjust, as necessary, in a manner satisfactory to the Bank.
6. The budget line numbers indicated in Schedule 4 to the Loan Agreement shall conform to the Borrower’s budget law. The Borrower and the Bank agree that such budget line numbers may change under the Borrower’s budget law, provided however that there is no change in the corresponding EEP described in Part 1 of Schedule 1 and in Schedule 4 to the Loan Agreement and in the underlying activities to be financed by the Bank under such EEP.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Institutional Arrangements. 1. For the purposes of implementing Part 1 of the Project, the Borrower, through SEE, shall enter into agreements (acordos) with each of the Instituto ▇▇▇▇▇▇ ▇▇▇▇▇ and the Fundação ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ or any other Technical Partner acceptable to the Bank (the Technical Partnership Agreements), under terms and conditions acceptable to the Bank, setting forth their respective roles and responsibilities regarding the implementation of said Part 1 of the Project.
2. The Borrower shall exercise its rights under the Technical Partnerships Agreements in such manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan. Except as the Bank shall otherwise agree, the Borrower shall not assign, amend, abrogate, waive or fail to enforce any of the Technical Partnership Agreements, or any of their provisions.
3. The Borrower shall maintain the Monitoring and Evaluation Committee created not later than four (4) months after the Effectiveness Date, to oversee the planning, implementation, monitoring and evaluation of all Project activities and provide recommendations based on the review of the Project Reports prepared for the Project. Said committee shall have membership and functions acceptable to the Bank, as described in the Project Operational Manual.
4. The Borrower shall ensure that, until the completion of the execution of the Project, the entities SEE, SAD and SEPLAG shall each have competent staff in adequate numbers with qualifications and experience satisfactory to the Bank, including the following key staffstaff per entity: a Project coordinator, a procurement specialist and a financial management specialist.
25. The Borrower shall: (a) have all the procurement records and documentation for each fiscal year of the Project audited, in accordance with appropriate procurement auditing principles by independent auditors acceptable to the Bank; (b) furnish to the Bank as soon as available, but in any case not later than six months after the end of each such fiscal year, the procurement audit report of such audit by said auditors, of such scope and in such detail as the Bank shall have reasonably requested; and (c) furnish to the Bank such other information concerning said procurement records and documentation and the procurement audit thereof as the Bank shall from time to time reasonably request.
36. The EEPs will comply with the eligibility criteria and procedures set forth in the Project Operational Manual.
47. If, at any time, the Bank determines that any portion of the Loan Proceeds financing under the Project was used for items improperly procured in violation of Section III to this Schedule, was not used for Eligible Expenditures or, in case of the Eligible Expenditure Programs of Part 1 of the Project, was not supported by evidence of actual spending by the Borrower under said Eligible Expenditure Programs and/or by evidence of satisfaction of other criteria set forth in this Agreement or in the Project Operational Manual, the Borrower shall promptly refund any such portion to the Bank as the Bank shall specify by notice to the Borrower.
58. The Borrower and the Bank may jointly review, by mid-termonce every year, the amounts assigned per budget line code to the Eligible Expenditure Program detailed in Schedule 4 to this Agreement, and adjust, as necessary, in a manner satisfactory to the Bank.
69. The budget line code numbers indicated in Part 1 (a) to (d) of Schedule 4 1 to the Loan Agreement shall conform to the Borrower’s budget lawBudget Law. The Borrower and the Bank agree that such budget line code numbers may change under the Borrower’s budget lawBudget Law, provided however that there is no change in the corresponding EEP Programs described in Part 1 (a) to (d) of Schedule 1 and in Schedule 4 to the Loan Agreement and in the underlying activities to be financed by the Bank under such EEPPrograms.
10. The Borrower shall ensure that no construction of new schools or stand alone school libraries will be financed out of the proceeds of the Loan.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement
Institutional Arrangements. 1. The Borrower shall, through ▇▇▇, MMA, MI and MCid (each within their respective area of autonomy and competence), carry out the Project in accordance with the Operational Manual, including the Procurement Plan, the Annual Operating Plans, the Environmental Management Framework and the Social Framework, and except as the Bank shall ensure thatotherwise agree, shall not amend or waive any provision of these documents without the Bank’s prior written approval. In case of any conflict between the terms of said documents and those of this Agreement, the terms of this Agreement shall prevail. The Borrower shall establish and thereafter maintain, until the completion of the execution of the Project, SEPLAG an interministerial management committee (the Comitê Gestor do Programa) to convene at least once every semester, and shall have submit the minutes of said meetings to the Bank. The Borrower shall establish, and thereafter operate and maintain, until the completion of the execution of the Project, Project management units (the Project Management Units) physically located in ▇▇▇, MMA, MI and MCid, all with competent staff in adequate numbers with qualifications and experience satisfactory to the BankBank and selected in accordance, as applicable, with the provisions of Section III of this Schedule, including in each of said units the following key staff: a Project coordinator, a procurement specialist and technical manager, a financial management specialist.
2, a procurement specialist, and whenever necessary a social safeguard specialist and an environmental safeguard specialist. The Borrower shall establish no later than three months after the establishment of the Comitê Gestor do Programa and thereafter maintain, until the completion of the execution of the Project, a Project technical Secretariat for the Comitê Gestor do Programa (the Project Technical Secretariat), to be physically located in ▇▇▇, and in charge of overall Project coordination, including all intersectoral activities as set forth in the Operational Manual. The Borrower shall, at least once a year during Project implementation on or about December 1, commencing on the first such date after the Effective Date, prepare and furnish to the Bank a plan, acceptable to the Bank (the Annual Operating Plan for the Project’s operation during the following twelve months). For purposes of carrying out its procurement obligations under the Project, the Borrower, through ▇▇▇, MMA, MI and MCid (each within their respective area of autonomy and competence) may enter into an agreement with an entity with qualifications and procurement experience acceptable to the Bank, under terms and conditions satisfactory to the Bank (the Procurement Agent Agreement), which shall include, inter alia: (a) have all the obligation of the Procurement Agent (on behalf of the Borrower): (A) to carry out the procurement records of certain goods, consultants’ services and documentation for each fiscal year of Services (other than Consultants’ Services) under the Project audited, in accordance with appropriate procurement auditing principles by independent auditors acceptable the provisions set forth in Section III of this Schedule and in the Operational Manual ; and (B) to keep separate records and accounts in respect of such goods, consultants’ services and Services (other than Consultants’ Services) and to assist the BankBorrower in complying with its obligations under this Agreement; (b) furnish the obligation of the Borrower: (A) to transfer directly to the Bank Procurement Agent the proceeds of the Loan allocated to Category (1) as soon required by the Procurement Agent to effect the payments for goods, consultants’ services and Services (other than Consultants’ Services) under the Project; (B) to transfer to the Procurement Agent the Project counterpart funds (i.e., non-Loan funds) as availablerequired for the Procurement Agent to effect the payments for goods, but in any case not later consultants’ services and Services (other than six months after Consultants’ Services) under the end of each such fiscal year, the procurement audit report of such audit by said auditors, of such scope and in such detail as the Bank shall have reasonably requestedProject; and (cC) furnish to pay any administrative fees due to the Bank such other information concerning said procurement records and documentation and the procurement audit thereof as the Bank shall from time to time reasonably request.
3. The EEPs will comply with the eligibility criteria and procedures set forth in the Project Operational Manual.
4. If, at any time, the Bank determines that any portion of the Loan Proceeds was used for items improperly procured in violation of Section III to this Schedule, was not used for Eligible Expenditures or, in case of the Eligible Expenditure Programs of Part 1 of the Project, was not supported by evidence of actual spending by the Borrower under said Eligible Expenditure Programs and/or by evidence of satisfaction of other criteria set forth in this Agreement or in the Project Operational Manual, the Borrower shall promptly refund any such portion to the Bank as the Bank shall specify by notice to the Borrower.
5. The Borrower and the Bank may jointly review, by mid-term, the amounts assigned per budget line to the Eligible Expenditure Program detailed in Schedule 4 to this Agreement, and adjust, as necessary, in a manner satisfactory to the Bank.
6. The budget line numbers indicated in Schedule 4 to the Loan Agreement shall conform to the Borrower’s budget law. The Borrower and the Bank agree that such budget line numbers may change Procurement Agent under the Borrower’s budget law, provided however that there is no change in the corresponding EEP described in Part 1 of Schedule 1 and in Schedule 4 to the Loan Agreement and in the underlying activities to be financed by the Bank under such EEPProcurement Agent Agreement.
Appears in 1 contract
Sources: Loan Agreement
Institutional Arrangements. 1The Borrower shall maintain until completion of the Project the Steering Committee, established within the DGHE with a mandate, composition (including representatives of BAPPENAS, MONE, MOH and MOF) and terms of reference agreed between the Borrower and the Bank, to provide strategic direction for the Project. The Borrower shall maintain until completion of the Project, the Technical Committee established with a mandate, composition and terms of reference agreed between the Borrower and the Bank, including representatives of the BAPPENAS, MONE, MOH, MOF, KKI, BAN-PT, Associations of Health Higher Education Institutions, and Professional Associations, to assist and advise the CPCU concerning technical implementation of the Project related to their professional competencies. The Borrower shall ensure thatthat the Director General of Higher Education (or any successor designation) of MONE shall act as the Project director, the Director of Academic Affairs (or any successor designation) of DGHE shall act as the Project Manager, and Head of Sub-Directorate of Curriculum and Study Programs (or any successor designation) of DGHE shall act as the Vice- Project manager. The Borrower shall maintain until the completion of the execution of the Project, SEPLAG the central Project coordination unit (CPCU), established in the office of the Directorate of Academic Affairs of DGHE. The CPCU shall establish a Project secretariat which shall be chaired by a full time executive secretary, supported by a person-in-charge assigned to each Part of the Project, supported by project management consultants and comprised of staff whose composition and terms of reference shall have competent staff in adequate numbers with qualifications agreed between the Borrower and experience satisfactory to the Bank. For the purposes of carrying out Part 3 of the Project, including the following key staff: a Project coordinator, a procurement specialist and a financial management specialist.
2. The Borrower shallshall ensure that: (a) have all BHE of DGHE, with the procurement records and documentation for each fiscal year support of the Project auditedCPCU, in accordance with appropriate procurement auditing principles by independent auditors acceptable to shall be responsible for establishing the Bankguidelines for the FAP selection process and for overseeing implementation of the FAPs; and (b) furnish to the Bank as soon as availableeach Participating Medical School shall establish, but in any case not by no later than six months after the end of each such fiscal year, the procurement audit report of such audit by said auditors, of such scope date on which it enters into a FAP Agreement and in such detail as the Bank shall have reasonably requested; and (c) furnish to the Bank such other information concerning said procurement records and documentation and the procurement audit thereof as the Bank shall from time to time reasonably request.
3. The EEPs will comply with the eligibility criteria and procedures set forth in the Project Operational Manual.
4. If, at any time, the Bank determines that any portion of the Loan Proceeds was used for items improperly procured in violation of Section III to this Schedule, was not used for Eligible Expenditures or, in case of the Eligible Expenditure Programs of Part 1 thereafter maintain until completion of the Project, was not supported by evidence a PIU under the authority of actual spending by the Borrower under said Eligible Expenditure Programs and/or by evidence ▇▇▇▇▇▇ (or equivalent position) of satisfaction the Participating Medical School, with a mandate, composition and terms of other criteria set forth in this Agreement or in reference agreed between the Project Operational Manual, the Borrower shall promptly refund any such portion to the Bank as the Bank shall specify by notice to the Borrower.
5. The Borrower and the Bank may jointly review, to implement the FAP received by mid-term, the amounts assigned per budget line to the Eligible Expenditure Program detailed in Schedule 4 to this Agreement, and adjust, as necessary, in a manner satisfactory to the Bank.
6. The budget line numbers indicated in Schedule 4 to the Loan Agreement shall conform to the Borrower’s budget lawsuch Participating Medical School. The Borrower shall ensure that each of the Steering Committee, Technical Committee, CPCU and each PIU is provided at all times with adequate funds and other resources, and supported by suitably qualified and experienced personnel in adequate numbers as needed to accomplish the Bank agree that such budget line numbers may change under objectives of the Borrower’s budget law, provided however that there is no change in the corresponding EEP described in Part 1 of Schedule 1 and in Schedule 4 to the Loan Agreement and in the underlying activities to be financed by the Bank under such EEPProject.
Appears in 1 contract
Sources: Loan Agreement
Institutional Arrangements. 1. The Borrower shall, through ▇▇▇, MMA, MI and MCid (each within their respective area of autonomy and competence), carry out the Project in accordance with the Operational Manual, including the Procurement Plan, the Annual Operating Plans, the Environmental Management Framework and the Social Framework, and except as the Bank shall ensure thatotherwise agree, shall not amend or waive any provision of these documents without the Bank’s prior written approval. In case of any conflict between the terms of said documents and those of this Agreement, the terms of this Agreement shall prevail.
2. The Borrower shall establish and thereafter maintain, until the completion of the execution of the Project, SEPLAG an interministerial management committee (the Comitê Gestor do Programa) to convene at least once every semester, and shall have submit the minutes of said meetings to the Bank.
3. The Borrower shall establish, and thereafter operate and maintain, until the completion of the execution of the Project, Project management units (the Project Management Units) physically located in ▇▇▇, MMA, MI and MCid, all with competent staff in adequate numbers with qualifications and experience satisfactory to the BankBank and selected in accordance, as applicable, with the provisions of Section III of this Schedule, including in each of said units the following key staff: a Project coordinator, a procurement specialist and technical manager, a financial management specialist, a procurement specialist, and whenever necessary a social safeguard specialist and an environmental safeguard specialist.
24. The Borrower shall: (a) have all the procurement records and documentation for each fiscal year of the Project audited, in accordance with appropriate procurement auditing principles by independent auditors acceptable to the Bank; (b) furnish to the Bank as soon as available, but in any case not shall establish no later than six three months after the end establishment of each such fiscal yearthe Comitê Gestor do Programa and thereafter maintain, until the procurement audit report completion of such audit by said auditorsthe execution of the Project, of such scope a Project technical Secretariat for the Comitê Gestor do Programa (the Project Technical Secretariat), to be physically located in ▇▇▇, and in such detail charge of overall Project coordination, including all intersectoral activities as the Bank shall have reasonably requested; and (c) furnish to the Bank such other information concerning said procurement records and documentation and the procurement audit thereof as the Bank shall from time to time reasonably request.
3. The EEPs will comply with the eligibility criteria and procedures set forth in the Project Operational Manual.
4. If, at any time, the Bank determines that any portion of the Loan Proceeds was used for items improperly procured in violation of Section III to this Schedule, was not used for Eligible Expenditures or, in case of the Eligible Expenditure Programs of Part 1 of the Project, was not supported by evidence of actual spending by the Borrower under said Eligible Expenditure Programs and/or by evidence of satisfaction of other criteria set forth in this Agreement or in the Project Operational Manual, the Borrower shall promptly refund any such portion to the Bank as the Bank shall specify by notice to the Borrower.
5. The Borrower shall, at least once a year during Project implementation on or about December 1, commencing on the first such date after the Effective Date, prepare and furnish to the Bank may jointly reviewa plan, by mid-term, the amounts assigned per budget line acceptable to the Eligible Expenditure Program detailed in Schedule 4 to this Agreement, and adjust, as necessary, in a manner satisfactory to Bank (the BankAnnual Operating Plan for the Project’s operation during the following twelve months).
6. The budget line numbers indicated in Schedule 4 For purposes of carrying out its procurement obligations under the Project, the Borrower, through ▇▇▇, MMA, MI and MCid (each within their respective area of autonomy and competence) may enter into an agreement with an entity with qualifications and procurement experience acceptable to the Loan Agreement shall conform Bank, under terms and conditions satisfactory to the Bank (the Procurement Agent Agreement), which shall include, inter alia: (a) the obligation of the Procurement Agent (on behalf of the Borrower’s budget law. The Borrower ): (A) to carry out the procurement of certain goods, consultants’ services and the Bank agree that such budget line numbers may change Services (other than Consultants’ Services) under the Borrower’s budget law, provided however that there is no change Project in accordance with the corresponding EEP described provisions set forth in Part 1 Section III of this Schedule 1 and in Schedule 4 to the Loan Agreement and in the underlying activities Operational Manual ; and (B) to be financed keep separate records and accounts in respect of such goods, consultants’ services and Services (other than Consultants’ Services) and to assist the Borrower in complying with its obligations under this Agreement; (b) the obligation of the Borrower: (A) to transfer directly to the Procurement Agent the proceeds of the Loan allocated to Category (1) as required by the Bank Procurement Agent to effect the payments for goods, consultants’ services and Services (other than Consultants’ Services) under such EEPthe Project; (B) to transfer to the Procurement Agent the Project counterpart funds (i.e., non-Loan funds) as required for the Procurement Agent to effect the payments for goods, consultants’ services and Services (other than Consultants’ Services) under the Project; and (C) to pay any administrative fees due to the Procurement Agent under the Procurement Agent Agreement.
Appears in 1 contract
Sources: Loan Agreement
Institutional Arrangements. 1. The Borrower shall carry out the Project based on the resources of the Eligible Budget Lines through DGPP (as technical coordinator) and UCPS (as administrative coordinator) in accordance with this Agreement, including the Operational Manual, the Procurement Plan and the Indigenous Peoples’ Strategic Framework, and except as the Bank shall otherwise agree, shall not amend or waive any provision of these documents without the Bank’s prior written approval. In case of any conflict between the terms of said documents and those of this Agreement, the terms of this Agreement shall prevail. In addition, in case of any conflict between the Operational Manual and the additional instructions referred to in Section IV.A.1 of this Schedule, said additional instructions shall prevail.
2. The Borrower shall ensure that, until the completion of the execution of the Project, SEPLAG DGPP and UCPS shall have competent staff in adequate numbers and with qualifications and experience satisfactory to the Bank, including the following key staff: a Project coordinator, a procurement specialist and a financial management specialist.
2. The Borrower shall: (a) have all the procurement records and documentation for each fiscal year of the Project audited, in accordance with appropriate procurement auditing principles by independent auditors acceptable to the Bank; (b) .
3. The Borrower, through DGPP, shall hold, until the completion of the execution of the Project, the Regular Meetings to convene at least once every year, and shall submit the minutes of each of said meetings to the Bank.
4. The Borrower, through UCPS, shall furnish to the Bank at least once a year during the Project implementation, regular reports (the Regular Reports) as soon as availableprepared by DGPP, but all in any case accordance with the provisions of the Operational Manual (including the Indicators) and the additional instructions referred to in Section IV.A.1 of this Schedule.
5. The Borrower, through UCPS, shall, not later than six December 31 of each year of Project implementation (starting on the first such date after the Effective Date), prepare and furnish to the Bank a procurement report (the Procurement Plan Report) confirming that all procurement activities under the Parts 1 and 3 of the Project have been carried out in accordance with the Procurement Plan. Each Procurement Plan Report shall cover the period of twelve months preceding the presentation of such report and shall be furnished to the Bank by the Borrower not later than four months after the end of the period covered by each such fiscal yearreport.
6. To facilitate the carrying out of Part 3(c) of the Project, the procurement audit report Borrower shall enter into no later than December 31, 2011, and thereafter maintain, an agreement with INEI (the INEI Agreement), under terms and conditions satisfactory to the Bank which shall include, inter alia, the pertinent provisions of such audit by said auditors, this Agreement (including Section III of such scope this Schedule) and of the Anti-Corruption Guidelines. The Borrower shall exercise its rights under the INEI Agreement in such detail a manner as to protect the interests of the Borrower and the Bank and to accomplish the purposes of the Loan. Except as the Bank shall have reasonably requested; and (c) furnish otherwise agree, the Borrower shall not assign, amend, abrogate or waive the INEI Agreement or any of its provisions.
7. Without limitation to the Bank such other information concerning said procurement records and documentation and pertinent provisions of the procurement audit thereof as the Bank shall from time to time reasonably request.
3. The EEPs will comply with the eligibility criteria and procedures set forth in the Project Operational Manual.
4. IfGeneral Conditions, if, at any time, the Bank determines that any portion of the Loan Proceeds proceeds was used for to finance (through reimbursements) items improperly procured in violation of Section III to this Schedule, was not used for to finance (through reimbursements) Eligible Expenditures or, in case of the Eligible Expenditure Programs of Part 1 of the Project, or was not supported by evidence of actual spending results achieved and actual execution of the Eligible Budget Lines by the Borrower under said Eligible Expenditure Programs the Regular Reports and/or by evidence of satisfaction of other criteria set forth in this Agreement or in the Project Operational Manual, the Borrower shall promptly refund any such portion to the Bank as the Bank shall specify by notice to the Borrower.
58. The Borrower For purposes of carrying out the Project and the Bank may jointly review, by mid-term, the amounts assigned per budget line Program as referred to the Eligible Expenditure Program detailed in Schedule 4 to Section 3.01 of this Agreement, and adjust, as necessary, in a manner satisfactory to the Bank.
6. The budget line numbers indicated in Schedule 4 to the Loan Agreement shall conform to the Borrower’s budget law. The Borrower and , through DGPP, shall: implement the Bank agree that such budget line numbers may change under the Borrower’s budget law, provided however that there is no change Result Agreements with Juntos (in the corresponding EEP described in respect of Part 1 of Schedule 1 the Project) and SIS (in Schedule 4 to respect of Part 3 (d) and (e) of the Loan Agreement Project), all under terms and conditions detailed in the underlying activities to be financed by the Bank under such EEPOperational Manual.
Appears in 1 contract
Sources: Loan Agreement
Institutional Arrangements. 1. The Borrower shall: (a) carry out the Project through SEPLAG; and (b) cause the Rural Poverty Reduction Program under the Project to be carried out by IDENE; all in accordance with the Project Operational Manual, including the Procurement Plan, the Environmental Management Framework, the Resettlement Framework, and the Indigenous Peoples’ Framework, and except as the Bank shall ensure thatotherwise agree, shall not amend or waive any provision of these documents without the Bank’s prior written approval. In case of any conflict between the terms of said documents and those of this Agreement, the terms of this Agreement shall prevail. In addition, in case of any conflict between the Project Operational Manual and the additional instructions referred to in Section IV.A.1 of this Schedule, said additional instructions shall prevail.
2. The Borrower, until the completion of the execution of the Project, SEPLAG shall have competent staff in adequate numbers with qualifications and experience satisfactory to the Bank, including the following key staff: a Project coordinator, a Project coordination advisor, a procurement specialist and a financial management specialist.
23. The Borrower shall maintain, until the completion of the execution of the Project, the Management Meetings to convene at least once every semester and shall submit the minutes of said meetings to the Bank.
4. The Borrower shall furnish to the Bank on or about the Effective Date and thereafter on or about, six months and twelve months after the Effective Date, regular reports (the EEP Spending Reports) prepared in accordance with the provisions of the Project Operational Manual and the additional instructions referred to in Section IV.A.1 of this Schedule.
5. The Borrower shall furnish to the Bank on or about April 5 and October 5 each year starting on any such date after the Effective Date, a procurement report (the Procurement Plan Report) confirming that all procurement activities under the Project have been carried out in accordance with the Procurement Plan.
6. The Borrower shall: (a) have all the procurement records and documentation for each fiscal year of the Project audited, in accordance with appropriate procurement auditing principles by independent auditors acceptable to the Bank; (b) furnish to the Bank as soon as available, but in any case not later than six months after the end of each such fiscal year, the procurement audit report of such audit by said auditors, of such scope and in such detail as the Bank shall have reasonably requested; and (c) furnish to the Bank such other information concerning said procurement records and documentation and the procurement audit thereof as the Bank shall from time to time reasonably request.
3. The EEPs will comply with the eligibility criteria and procedures set forth in the Project Operational Manual.
4. If, at any time, the Bank determines that any portion of the Loan Proceeds was used for items improperly procured in violation of Section III to this Schedule, was not used for Eligible Expenditures or, in case of the Eligible Expenditure Programs of Part 1 of the Project, was not supported by evidence of actual spending by the Borrower under said Eligible Expenditure Programs and/or by evidence of satisfaction of other criteria set forth in this Agreement or in the Project Operational Manual, the Borrower shall promptly refund any such portion to the Bank as the Bank shall specify by notice to the Borrower.
5. The Borrower and the Bank may jointly review, by mid-term, the amounts assigned per budget line to the Eligible Expenditure Program detailed in Schedule 4 to this Agreement, and adjust, as necessary, in a manner satisfactory to the Bank.
6. The budget line numbers indicated in Schedule 4 to the Loan Agreement shall conform to the Borrower’s budget law. The Borrower and the Bank agree that such budget line numbers may change under the Borrower’s budget law, provided however that there is no change in the corresponding EEP described in Part 1 of Schedule 1 and in Schedule 4 to the Loan Agreement and in the underlying activities to be financed by the Bank under such EEP.;
Appears in 1 contract
Sources: Loan Agreement