Partnership Agreement

 

Agreement number 2016-3805/001-001

 

Erasmus Project : Enhancing Quality Assurance in South Asia HEIs/EQASA

 

The present Partnership Agreement, hereinafter referred to as “the Agreement”, is made and entered into by and between,

 

UNIVERSITY OF THE PELOPONNESE

ERYTHROU STAVROU AND KARYOTAKI 28

TRIPOLI 22100 – GREECE

hereinafter referred to as the “coordinator”, represented for the purposes of signature of the Agreement by Prof. Masselos Konstantinos, Rector, the legal representative as defined in the Grant Agreement number: 2016-3805/001-001,

And

NANGARHAR UNIVERSITY

JALABAD-AFGHANISTAN

hereinafter referred to as the “beneficiary”, represented for the purposes of signature of this Agreement by their legal representatives, according to the Mandates previously signed and attached to the Grant Agreement (here in Annex II).

Where a provision applies without distinction to the "coordinator" and the "beneficiary", for the purpose of this Agreement they will be collectively referred to as the "beneficiary".

The parties hereby have agreed as follows:

 

Article 1

Subject of the Partnership Agreement

1.1       This Agreement defines the terms that govern the relations between the parties, by establishing their rights and obligations, and lays down the rules of procedure for the work to be carried out in order to successfully implement the Erasmus+ CBHE action HR4ASIA (hereinafter referred to as the “project”).

 

1.2       The coordinator and the beneficiary, undertake to do everything in their power to carry out the work programme forming the subject of this Agreement, which falls within the framework of the Grant Agreement 2016-3805/001-001, concluded between the coordinator and the Education, Audiovisual and Culture Executive Agency (hereinafter referred to as the "Executive Agency"), related to the above-mentioned project.

 

1.3       The subject matter of this Agreement and the related work programme are detailed in the annexes of the Grant Agreement. The respective Grant Agreement terms and conditions, related annexes and guidelines, shall form an integral part of the present Agreement, and take precedence over it (see Article 20 of the present Agreement for the list of annexes).

 

1.4       The coordinator and the beneficiary shall be bound by the terms and conditions of this Agreement, the Grant Agreement and any further amendments of the latter.

 

Article 2

Duration

 

2.1       This Agreement shall enter into force on the date the last party signs, but shall have retroactive effect from the starting date of the eligibility period laid down in the Grant Agreement.

 

2.2       The period of eligibility of the activities and the costs shall be in accordance to the dispositions of the Grant Agreement or any subsequent amendments of it.

 

2.3       The present Agreement shall remain in force until the coordinator has been discharged in full of his obligations arising from the Grant Agreement signed with the Executive Agency.

 

 

Article 3

Obligations and responsibilities

 

3.1       General obligations and role of the beneficiary (including the coordinator).

The beneficiary:

  1. are jointly responsible for carrying out the activities attributed to them, and shall conduct the work in accordance with the work programme and schedule set forth in the Grant Agreement and approved application, working to the best of their abilities to achieve the defined results and taking full responsibility for their work in accordance with accepted professional principles;
  2. undertake to comply with all the provisions of the Grant Agreement and its annexes, with all the provisions of this Agreement, as well as with EU and national legislation;
  3. are jointly responsible for complying with any legal obligations incumbent on them jointly or individually;
  4. shall provide staff, facilities, equipment and material to the extent needed for executing the activities as specified in the work programme;
  5. Shall be responsible for the sound financial management and cost efficiency of the funds allocated to the project.

 

3.2       Specific obligations and role of the coordinator.

The coordinator undertakes to:

  1. be responsible for the overall coordination, management and implementation of the project in accordance with the Grant Agreement;
  2. be the intermediary for all communication between the beneficiary and the Executive Agency, and inform the beneficiary of any relevant communication exchanged with the Executive Agency;
  3. inform the beneficiary of any changes connected to the project or to the Grant Agreement, or of any event likely to substantially affect the implementation of the action;
  4. as the sole recipient of payments on behalf of all beneficiary, transfer funds to the beneficiary without unjustified delay and in accordance with the dispositions for payments laid down in Article 5 of this Agreement;
  5. manage and verify the appropriate spending of the funds in accordance with the dispositions of the Grant Agreement and this Agreement;
  6. Comply with all reporting requirements vis-à-vis the Executive Agency, as per the dispositions of Article I.4 of the Grant Agreement. The coordinator shall not delegate any part of this task to any party;
  7. establish payment requests on behalf of the beneficiary, as per the dispositions of Article I.4 of the Grant Agreement;
  8. Provide one copy of this Agreement duly signed to each beneficiary and to the Executive Agency within 6 months of the signature of the Grant Agreement.
  9. Provide the beneficiary with official documents related to the project, such as the signed Grant Agreement and its annexes, the Guidelines for the Use of the Grant, the various reports templates and any other relevant document concerning the project.

3.3       Specific obligations and role of each beneficiary (excluding the coordinator).

Each beneficiary undertakes to:

(a)    Ensure adequate communication with the coordinator and with the other beneficiary;

(b)   Support the coordinator in fulfilling its tasks according to the Grant Agreement;

(c)    submit in due time to the coordinator all relevant data needed to draw up the reports, financial statements and any other documents provided for in the Grant Agreement, as well as all necessary documents in the events of audits, checks or evaluations;

(d)   Provide the coordinator with any other information or documents it may require and which are necessary for the management of the project;

(e)   notify the coordinator of any event likely to substantially affect or delay the implementation of the action, as well as of any important deviation of the project (e.g. replacement of the project contact person, changes in partner’s budget, deviations from work plan etc.);

(f)    Inform the coordinator of any change in its legal, financial, technical, and organisational or ownership situation and of any change in its name, address or legal representative.

 

Article 4

Financing the action

 

4.1          The maximum Erasmus+ grant contribution to the project for the contractual period covered by the Grant Agreement amounts to EUR 715,739.00 and shall take the form as stipulated in Annex II of the Grant Agreement.

4.2       The Erasmus+ grant contribution is awarded to the partnership under the form of:

  • a "reimbursement of actual costs" for Equipment and Subcontracting costs;
  • a "unit contribution" to the costs incurred for Staff costs, Travel costs and costs of Stay.

4.3       The grant contribution to the project is intended to cover only part of the costs actually incurred by the beneficiary in carrying out the activities foreseen. The beneficiary commit to provide additional resources to the project so as to ensure its full implementation in accordance with the Grant Agreement.

4.4       Full details of the estimated budget breakdown is given in Annex I of this Agreement.

 

Article 5

Payment arrangements

 

5.1       The coordinator will transfer the part of the Erasmus+ grant contribution corresponding to the beneficiary using the accounts stipulated in Annex IV of this Agreement.

 

5.2       The transfer of the Erasmus+ grant contribution to the beneficiary will be implemented in accordance with the following timetable and procedure:

Payment(s) in advance:

The coordinator will transfer to the respective account of the beneficiary in advance of the actual activities (/expenditures) part of the estimated Erasmus+ grant contribution identified under Annex I of this Agreement, in the following way:

  1. 20% of the estimated Erasmus+ Grant contribution after reception of the Partnership Agreement signed by the beneficiary;
  2. 30% of the estimated Erasmus+ grant contribution within 30 days of the reception of the necessary proofs of expenditure/activity covering the amount of advance payment already made;
  3. 20% of the estimated Erasmus+ grant contribution within 30 working days of the reception of the necessary proofs of expenditure/activity covering the amount of advance payment(s) already made. Such payment is subject to the condition that at least 70% of the first pre-financing payment has been spent;
  4. 20% of the estimated Erasmus+ grant contribution within 30 days of the reception of the necessary proofs of expenditure/activity covering the amount of advance payment already made;

Balance payment:

         The remaining 10% of the estimated Erasmus+ grant contribution shall be paid to the beneficiary by the coordinator within 30 working days of the reception of the payment of the balance from the Executive Agency. Such payment shall be paid by the Executive Agency subject to the condition that all supporting documents are available. Therefore, such payment shall not be paid unless the beneficiary will have previously provided the coordinator with all the necessary proofs of expenditure and supporting documents.

5.3       Beneficiary are obliged to use the Erasmus+ grant contribution exclusively for the purposes defined by the project, and in accordance with the terms and provisions of the present Agreement and the Grant Agreement and its annexes. Erasmus+ grant amounts received in advance and not used by the beneficiary will be reimbursed to the coordinator at the latest 30 days after the end of the project's contractual period.   

5.4       If there is a difference between the amount of the Erasmus+ grant contribution actually used by the partnership and the amount of expenditure declared eligible by the Executive Agency at the end of the project, the following procedure will apply:

The beneficiary responsible for the expenditure declared ineligible will reimburse the corresponding amount to the coordinator.

5.5       The costs of financial transfers and costs of repeated transfers caused by one of the parties will be charged by the bank of the responsible beneficiary.

5.6. All eligible costs and all transactions shall be converted and reported in Euros, at the following exchange rate:

  • From start of eligibility period until date of receipt of second pre-financing: rate of month in which the coordinating institution received the first pre-financing.
  • From date of receipt of second pre-financing until end of eligibility period: rate of month in which the coordinating institution received the second pre-financing.

Rate to apply is monthly established by the Commission (http://ec.europa.eu/budget/contracts_grants/info_contracts/inforeuro/inforeuro_en.cfm ).

 

Article 6

Reporting

 

6.1       The coordinator is responsible for submitting in due time to the Executive Agency all reports and financial statements as required in the Grant Agreement. For this purpose and in a timely manner, the beneficiary commit to provide the coordinator with all necessary information and, if applicable, copies of supporting documents needed for drawing up reports, financial statements and any other documents required in the Grant Agreement.

6.2       The coordinator shall provide the beneficiary with the appropriate reporting forms for the declaration of expenses/activities and the respective instructions for their completion. These reports must be drawn up in EURO.

6.3       The beneficiary shall keep a record of any expenditure/activity incurred under the project and all proofs and related documents for a period of 5 years after the payment of the final balance under the Grant Agreement. The coordinator may reject any item which cannot be justified in accordance with the rules set out by the Executive Agency in the Grant Agreement and in the Guidelines for the Use of the Grant.

6.4       All invoices, contracts and justifications of expenditures, whenever possible, shall bear the name of the project. The coordinator shall not be responsible for the eligibility of expenditures that are not related to the implementation of the project.

 

Article 7

Budgetary and financial management

 

7.1       For the implementation of the project and the beneficiary's reimbursement of costs incurred in terms of staff, travel and costs of stay, the partnership will apply the unit costs amounts defined in the Erasmus+ Programme Guide and in the Guidelines for the Use of the Grant and Annex II of the Grant Agreement.

7.2       The Erasmus+ grant contribution to the project's equipment and subcontracting costs will be based on the justification of the costs actually incurred. This justification will take the form of the support documentation specified in the relevant section of the Guidelines for the Use of the Grant.

7.3       The beneficiary confirm that they respect the social and labour legislation of their country regarding the costs of staff contributing to the project.

7.4       Each beneficiary is responsible for ensuring adequate insurance arrangements for their staff and students while participating in project activities.

 

Article 8

General administrative provisions

8.1       Any important project related communication between the parties shall be done in writing and addressed to the appointed project manager of each beneficiary, as per the details below:

For the coordinator:

University of the Peloponnese

Prof. Yiouli Papadiamantaki
Email: gioulip@ecd.uoa.gr

 

For the beneficiaries:

Nangarhar University

Prof. Mohammad Dost Safi

e-mail: mdostsafi@gmail.com  

 

8.2       Any changes to the above information should be communicated in a timely manner.

 

 

Article 9

Promotion and visibility

 

9.1       The coordinator and the beneficiary shall ensure adequate promotion of the project and commit to playing an active role in any actions organised to capitalise on, exploit / disseminate the results of the project.

9.2       Any notice or publication by the project, including at a conference or a seminar, must specify that the project is being co-financed by EU funds within the framework of the Erasmus+ Programme, and must comply with the visibility rules laid down in Articles I.10.8 and I.10.9 of the Grant Agreement, as well as in section 1.6 of the Guidelines for the Use of the Grant.

 

Article 10

Confidentiality and data protection

10.1    The coordinator and the beneficiary undertake to preserve the confidentiality of any document, information or other material directly related to the subject of the Agreement that is duly classed as confidential, if disclosure could cause prejudice to the other party. The parties shall remain bound by this obligation beyond the closing date of the action.

10.2    All personal data contained in or relating to this Agreement shall be processed in accordance with the dispositions of Article II.6 of the Grant Agreement.

 

Article 11

Ownership and property rights

 

11.1    The ownership of all project results, including copyrights and intellectual property rights, as well as all reports and other documentation resulting from the action, shall be vested in the beneficiary, in compliance with Article I.7 of the Grant Agreement.

11.2    Materials already developed and brought in may be only used within the scope of the project as templates of good practice. Copyrights shall be strictly safeguarded and permission for reproduction and scale of production has to be settled beforehand.

 

Article 12

Liability

12.1    Each of the contracting parties discharges the other of any civil liability for any damages suffered by itself or its staff/students as a result of the performance of this Agreement, insofar as such damages are not due to serious or intentional negligence or fault of the other party or its staff/students.

Article 13

conflict of interest

13.1    The coordinator and beneficiary must undertake all necessary precautions to prevent any risk of conflicts of interest which could affect their impartial and objective performance of the Agreement. Such conflict of interest could arise in particular as a result of economic interest, political or national affinity, family or emotional reasons, or any other shared interest.

13.2    Any situation constituting or likely to lead to any such conflict should be brought to the attention of the coordinator without delay, and the beneficiary in cause shall undertake to take all necessary measures to rectify this situation at once.

13.3    The coordinator will decide if it is deemed necessary to inform the Executive Agency as provided for in Article II.4 of the Grant Agreement.

 

 

Article 14

Working languages

 

14.1    The working language of the partnership shall be English.

14.2    Both parties commit in allocating to the project staff with enough knowledge of the working language, allowing a smooth communication and understanding of the matters discussed.

 

Article 15

Conflict resolution

 

15.1    In case of conflict between the project partners resulting from the interpretation or the application of this Agreement, or in connection with the activities contained within, the parties involved shall make the effort to come to an amicable arrangement rapidly and in the spirit of good cooperation.

15.2    Disputes should be addressed in writing to the project Steering Committee (or a body consisting of representatives of all the project partners), that will try to mediate in order to resolve the conflict.

 

Article 16

Applicable law and jurisdiction

 

16.1    This Agreement is governed by the Greek law, being the law of the coordinator's country.

16.2    In case of any disputes on matters under this Agreement, which cannot be resolved by an amicable settlement, the matter shall have to be decided in accordance with the jurisdiction of the coordinator's country.

16.3    If any provision of this Agreement or the application of any such provision shall be considered invalid or unenforceable in whole or in part for legal requirements, all other stipulations remain valid and binding to both parties.

16.4    If any provision in this Agreement should be wholly or partly ineffective, the parties to this Agreement undertake to replace the ineffective provision by an effective provision which comes as close as possible to the purpose of the ineffective provision.

16.5    This Agreement is concluded in English. In the event of translation of this Agreement and its annexes, the English version shall prevail.

 

 

Article 17

Termination of the Agreement

 

17.1    In the event that any of the beneficiary fail to perform any obligations under the present Agreement or the Grant Agreement, the coordinator may terminate their participation in the project, upon formal written authorisation by the Executive Agency.

17.2    The coordinator shall notify the beneficiary in cause by registered letter. The beneficiary has one month to supply all relevant information to appeal the decision.

 

Article 18

Force Majeure

 

18.1    If either parties face a case of force majeure (as per defined in article II.14 of the Grant Agreement), it shall promptly notify the other party in writing, specifying the nature, probable duration and expected effects of this event.

18.2    Neither of the parties shall be deemed in breach of its obligations if it has been prevented from performing its tasks due to force majeure. The parties shall take all necessary measures to minimise possible damage to successful project implementation.

Article 19

Amendments

 

19.1    Any amendments to this Agreement must be made in writing by means of a Supplementary Agreement, and become effective when signed by the authorised legal representatives of both parties. No oral agreement may bind the parties to this effect.

19.2    The amendment may not have the purpose or the effect of making changes which might call into question the dispositions of the Grant Agreement.

 

Article 20

Annexes

 

 

Annex I - Budget breakdown per partner and budget category;

Annex II -Copy of the Grant Agreement signed between the coordinator and the Executive Agency and its Annexes;

Annex III -The Guidelines for the Use of the Grant;

Annex IV - Individual Bank account of the beneficiary organisation.

 

We, the undersigned, declare to have read and accepted the terms and conditions of this Agreement as described here before, including the annexes thereto.

 

 

For the Coordinator

The legal representative

Prof. K.Masselos, Rector

 

Signature and stamp

Done in Tripoli

 

Date

 

 

For the Beneficiary

The legal representative

Prof. Babrak Miakhil, Chancellor

 

Signature and stamp

Done in Jalabad

 

Date