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INSTITUTION BUILDING PROGRAMME – TWINNING MN 20 IPA SO 01 22 “Strengthening capacities of the Employment Agency of Montenegro in terms of Active Labour Market Measures implementation, future participation in European Social Fund and facilitation of labour force mobility” Consortium Agreement between the Regional Development Agency Senec-Pezinok (hereinafter RDA), Bratislava Region, being under and existing by virtue of the laws of the Slovak Republic, with its registered office at Prazska 27, 811 04 Bratislava, Slovakia, in its position as fully mandated body for twinning projects in this project in cooperation with the Ministry of Labour, Social Affairs and Family of the Slovak Republic (hereinafter MoLSAF), represented by Ms. Luba Pavlovova, Director (hereinafter RDA Director) Tel: +421 903773674/+421 2 20728392, E-mail: [email protected] and Ministry of Social Affairs of the Republic of Estonia (hereinafter MoSA) with its registered office at Suur-Ameerika 1, 10122 Tallinn, Estonia represented by Maarjo Mändmaa, Secretary General of MoSA Contact: Ulla Saar, Tel.: +3725024572, E-mail: [email protected] PREAMBLE Montenegro, in its role of beneficiary country (hereinafter BC) has chosen the Slovak Republic as its Leading “Twinning Partner”, Germany and Republic of Estonia as its Junior twinning project partners in respect of the Twinning project Reference Number: MN 20 IPA SO 01 22, titled: “Strengthening capacities of the Employment Agency of Montenegro in terms of Active Labour Market Measures implementation, future participation in European Social Fund and facilitation of labour force mobility”. The twinning commitment of Montenegro, the Slovak Republic, Germany and the Republic of Estonia is laid down in a “Twinning Contract” which is funded by the European Commission. The Twinning Project is described in the Twinning Contract. The Twinning Contract is signed on behalf of the BC by the Contracting Authority (hereinafter CA) in Montenegro and for the Member State Project Partners by RDA Slovakia. RDA is a fully twinning mandated body for general management and in the twinning project serves as a main twinning back-stopping office for project partners fully responsible for the overall administrative, financial management and verification of all expenditures. For the scope of this agreement general management is understood but not limited to financial, administrative and logistics management of the twinning project. Ministry of Social Affairs of the Republic of Estonia (MoSA) is the Junior Partner responsible for the implementation of the respective project parts indicated in the Twinning Contract, i.e. the initial and rolling work plans which will be prepared during the implementation of the project and approved by the Project Steering Committee (hereinafter PSC). The RDA and MoSA have agreed on the following:  Article 1 General Commitment to combine Efforts 1.1. RDA and MoSA as the Consortium Agreement parties agree to co-operate and implement in a partnership the twinning Project “Strengthening capacities of the Employment Agency of Montenegro in terms of Active Labour Market Measures implementation, future participation in European Social Fund and facilitation of labour force mobility” Reference Number MN 20 IPA SO 01 22, as described in the Twinning Contract. 1.2. RDA and MoSA as the Consortium Agreement parties confirm that they will work together according to the allocation of tasks as stipulated under Annex A1 (Description of the action and the Member States proposal) to the Twinning Contract and the initial and rolling work plans. 1.3. All administrative and implementation activities will be conducted in accordance with the EU Twinning regulations, which are given in “A reference Manual on Twinning Projects“ (the Twinning Manual) applicable to this Twinning Project. Article 2 Allocation of Tasks and Responsibilities 2.1 RDA will be accountable to the CA in Montenegro for the overall general management of the Project including the audit/s and expenditure verification upon request of the European Commission. 2.2 RDA is responsible for ensuring project pre-financing in compliance with the Twinning rules and approved project budget. 2.3 MoSA will be responsible for the implementation of the Twinning Project parts allocated to the Estonian partner as laid down in the Annex A1 of the Twinning Contract, especially by providing short-term experts and the Junior Project Leader (hereinafter JPL) according to the initial and rolling work plans which will be prepared and jointly agreed during the implementation of the project. 2.4 MoSA will appoint Estonian Project Coordinator who will be key liaison with MoSA and RDA. S/he will be in charge for communication with RDA staff in charge for twinning project implementation and for coordination of travelling of the Estonian short-term experts including Estonian JPL. S/he will ensure that once the travel details are agreed with Estonian short-term experts including Estonian JPL and tickets are bought by RDA upon agreement of Estonian short- term experts including Estonian JPL, the Estonian short-term experts including Estonian JPL shall conduct the journey as agreed. In case Estonian short-term experts including Estonian JPL are not conducting the journey the costs arising from purchase and/or amending (change in dates, etc.), cancelling of the ticket/s are not eligible. 2.5 MoSA for its part will support the RDA in the proper project implementation and provide all the necessary inputs of Estonian short-term experts and JPL involved in project implementation. 2.6 RDA and MoSA as partners in the Twinning Project will be each fully and solely responsible for the practical organisation of their respective parts of the Project (as laid down in Annex A1 of the Twinning Contract and initial and rolling work plans). 2.7 The parties of this agreement agree to support the Resident Twinning Adviser (hereinafter RTA) in preparation of the initial and rolling work plans and to make available to each other all necessary information important for effective implementation of the project. 2.8 All parties acknowledge that the Twinning Workplans or the Contract might be amended and that the respectively updated revision will be binding according to the regulations as laid down in the Twinning Manual applicable to this twinning project. Article 3 2  RDA Director, Project Partners and Experts 3.1 RDA Director will be responsible for the general project management. 3.2 Estonian JPL will be responsible for the implementation of the Estonian part of the Twinning Project. If for any reason, the Estonian JPL will be replaced, both the Slovak and Montenegrin partners will be notified without delay. 3.3 In order to ensure timely three monthly reporting according to twinning Reporting requirements of the Twinning Contract, MoSA upon request of RDA, will commit itself to the revision of these reports where there are legitimate suggestions for alteration. 3.4 RDA and MoSA bear responsibility for the provided short-term experts and policy matters relating to the project Components. The short-term experts bear responsibility for the technical implementation of their respective Project Activities. Article 4 Consultations 4.1 RDA and MoSA will have regular contacts in order to monitor the implementation and evaluate the project progress. 4.2 The project Quarterly Reports and the Final Report will be drawn up in consultation with all Project Partners. 4.3 All partners will consult each other in between quarterly reports as often as necessary. Meetings will be scheduled at the request of either partner. Article 5 Remuneration 5.1 RDA receives its part of the advance payment, set available by the CA in Montenegro to the RDA as stated in the Twinning Contract. 5.2 The RDA will pay the sums relating to the per diems and fees of the Estonian short-term experts including the Estonian JPL involved in the Twinning Project implementation according to the twinning schedule and requirements of payments as laid down in the Twinning Contract, its annexes and approved work plans. By requirements for payments it is understood that the Estonian short-term experts and the Estonian JPL provides RDA with signed Mission Certificate, Time Sheet, Travel Claim, Mission report and documents related to travel costs (boarding passes, taxi receipts, etc). RDA will review all required documents and proceed with the payment to the Estonian short-term experts or the Estonian JPL. 5.3 RDA will pay 40% of the eligible Twinning Project Support Costs for each day the Estonian short-term expert, including the Estonian JPL is involved in the Twinning Project implementation in the Beneficiary country and 40% of the indirect cost realized by Estonian expert and JPL to MoSA. In the event that ex-post audit after project completion and payments of all "Twinning Project Support Cost" and "Indirect Costs" to MoSA find some expenses relating to Estonian short term experts and JPL ineligible, MoSA will reimburse them back. 5.3 Each partner to this Agreement takes the full and sole responsibility for fulfilling all obligations in respect to his personnel concerning social security, medical insurance and fiscal or other charges. 5.4 RDA will be responsible for execution of all payments for per diems, fees, travel expenses, and other costs according to the amount accepted by the CA in Montenegro. 5.5 RDA will be responsible for execution of payment for travelling expenses arising from the involvement of the Estonian short-term experts and the Estonian JPL to/from their place of work or home to BC at maximum amount of unit costs for travel fixed in the Twinning contract. In the event that short-term experts or project leaders will pay for travelling expenses directly, or will have other travel expenses not paid by RDA before the travel, these will be reimbursed in line with the Twinning rules for reimbursement of the travel expenses. 5.6 RDA is not responsible for any Estonian taxes, health insurance contributions, social contributions and benefits or allowances of any kind. RDA is only responsible for payments as stated in Articles 5.2-5.5. It is sole responsibility of MoSA and/or Estonian short-term experts and 3  JPL to fulfil all their national tax and other obligations (social, health, etc.) and be fully compliant with Estonian laws. In case of any legal or other obstacles which are breaching Estonian regulations, MoSA will immediately inform RDA and propose particular actions/solutions in resolving them. 5.8 Payments to MoSA shall be made to the following account: NAME OF THE BANK: AS SEB Pank BANK ADDRESS: Postcode 15010, Tallinn, Tornimäe 2 ACCOUNT HOLDER: Ministry of Finance of the Republic of Estonia IBAN: EE891010220034796011 SWIFT: EEUHEE2X Reference number: 2800048574 5.9 In the event of the CA in Montenegro withholding any sums as a result of mismanagement or accounting discrepancies these sums will be reimbursed by the Project Partners which has failed to satisfy requirements as laid down in Annex A7 of the Contract, unless otherwise agreed by the CA in Montenegro. Article 6 Resolution of Disputes 6.1. The Slovak Project Leader, RDA Director and the Estonian JPL will ensure the proper implementation of the Twinning Project and settle any disputes to the satisfaction of both partners. This comprises cases, where partners of this agreement dispute matters relating to efficiency, interpretation and implementation. 6.2. The law applicable to this agreement is the law of the Slovak Republic. Place of jurisdiction is Bratislava. Article 7 Termination 7.1 Partners to this agreement may terminate the consortium agreement by giving one month notice in writing. 7.2 This consortium agreement will automatically terminate if the Twinning Contract between the Georgian and Slovak lead authority is cancelled. 7.3 Cancellation of the Twinning Contract or termination of a Partner’s participation in the Agreement will not result in any compensation being paid to that Partner other than the payment of the services actually performed by that Partner and accepted by the Beneficiary up to the time of termination. 7.4 Any mismatch in providing agreed services by either Partner will be remedied by the RDA Director and the RTA in consultation with the Montenegro Project Partner. The Estonian Junior Project Partner is invited to join the remedy, if the Partner is affected by the mismatch. Article 8 Confirmation By signing this Agreement, MoSA confirm their familiarity with the Twinning Contract. Article 9 Final Provisions 9.1 Any amendments to this Agreement and the annexes thereto shall be in writing and concluded in compliance with the content of articles as stipulated in this Agreement. 9.2 Any statements, notices or communications within the framework of this Agreement shall be in writing and forwarded to the representatives of the Parties to this Agreement. 4 Duly signed and agreed For RDA: For MoSA: Ms. Luba Pavlovova, Mr. Maarjo Mändmaa Director Secretary General ---------------------------------- ---------------------------------- Signature Signature ---------------------------------- ---------------------------------- Date Date 5