Hotărârea nr. 198/2018

Hotărârea nr.198 - aprobarea contractării proiectului “Thematic Trail Trigger – ThreeT” (Inițierea unor Trasee Tematice) în cadrul Programului cu finanțare europeană INTERREG EUROPE, apelul 3


Consiliul Județean

>

Brașov

)


CONSILIUL JUDEȚEAN BRAȘOV

B-dul Eroilor nr. 5, Brașov, România, 500007 Telefon: + 40 268 410 777, Fax: +40 268 475 576 office@judbrasov.ro, www.judbrasov.ro



ROMAN IA


1918-2018 I SĂRBĂTORIM ÎMPREUNĂ


Cod: F-16


HOTĂRÂREA NR. 198 din data de 28.06.2018

privind aprobarea contractării proiectului “Thematic Trail Trigger - ThreeT” (Inițierea unor Trasee Tematice) în cadrul

Programului cu finanțare europeană INTERREG EUROPE, apelul 3

Consiliul Județean Brașov, întrunit în ședință ordinară la data de 28.06.2018;

Analizând expunerea de motive și referatul nr. 10101 din data de 22.06.2018, întocmite de Compartimentul Manageri Publici, prin care se propune aprobarea contractării proiectului “Thematic Trail Trigger - ThreeT” (Inițierea unor Trasee Tematice) în cadrul Programului cu finanțare europeană INTERREG EUROPE, apelul 3, precum și aprobarea bugetului alocat în cadrul acestui proiect pentru județul Brașov;

Ținând cont de Hotărârea Consiliului Județean Brașov nr. 276/2017 privind aprobarea participării Județului Brașov ca partener la proiectul „Thematic Trail Trigger - ThreeT” (Inițierea unor trasee tematice -Trei T), în cadrul Programului de finanțare europeană INTERREG EUROPE, Apelul 3;

Având în vedere dispozițiile art. 91 alin. (1) lit. “b” și “e”, precum și prevederile alin. (6) lit. “c” din Legea nr. 215/2001 a administrației publice locale, republicată, cu modificările și completările ulterioare;

In temeiul art. 97 și art. 103 alin. (2) din Legea nr. 215/2001 a administrației publice locale, republicată, cu modificările și completările ulterioare,

HOTĂRĂȘTE:

Art.l. Se aprobă contractarea proiectului “Thematic Trail Trigger - ThreeT” (Inițierea unor Trasee Tematice) în cadrul Programului cu finanțare europeană INTERREG EUROPE, apelul 3.

Art.2. Se aprobă bugetul total alocat proiectului pentru Județul Brașov în valoare de 184.511,00 euro.

Art.3. Se împuternicește președintele Consiliului Județean Brașov, dl. Adrian - Ioan Veștea, să semneze Acordul de Parteneriat, conform anexei care face parte integrantă din prezenta hotărâre și orice alte documente necesare contractării proiectului.

Art.4. Președintele Consiliului Județean asigură aducerea la îndeplinire a prezentei hotărâri prin Compartimentul Manag^fi Publici și Direcția Economică.


Contrasemnează, SECRETAR Maria Dnmbrăveanu

Z7M

■ n uvricy


Europe

Sharing Solutions for better regional policies



CONSILIUL eJUDc'pSAN



European Union | European Regional Developrnent Fund

Project Partnership Agreement

Definitions and Abbreviations

Forthe purpose of this agreement, the following words and abbreviations shall have the following meanings:

Agreement means the project partnership agreement

Approvai Decision means the approval decision of the monitoring committee as indicated in the subsidy contract

Application Form means the application form as set out in Annex I of this contract together with any amendments to the application form which are approved by the programme authorities.

Lead Partner means: lead beneficiary as referred to in Article 13 of Regulation (EU) No 1299/2013

Programme means the Interreg Europe programme

Programme Authorities means the managing authority, joint secretariat, certifying authority and/or audit authority

Programme Manual means the latest published version of the programme manual

Project Partners means the project partners named in the application form, including the lead partner

Project means the following Project;

Index: PGI05391

Acronym: ThreeT

Fulltitle: Thematic Trail Trigger

as described in the application form

Subsidy the maximum ERDF co-financing allocated to the project in accordance with the application form

PGI05391 - Thematic Trail Trigger (ThreeT)

Having regard to:

  • ■  Article 13(2) of Regulation (EU) no 1299/2013 of the European Parliament and of the Council of 17 December 2013, on the European Territorial Cooperation goal,

  • •  The programme manual section "project partnership agreement”, whereupon partners in a project funded under Interreg Europe have to conclude an agreement concerning their mutual financial and legal responsibilities, including the functions and responsibilities of the lead partner,

  • ■  The subsidy contract signed between the managing authority and the lead partner, Article 10

For the implementation of the Interreg Europe project PGI05391 “Thematic Trail Trigger’’ (ThreeT) approved by the monitoring committee on 13 March 2018, the following agreement shall be made between the partners of the project.

Article 1

Parties to the agreement

The parties to this agreement are the lead partner and the project partners as listed in the latest approved version of the application form.

Article 2

Subject of the agreement

  • 1.  Subject of this agreement is the organisation of a partnership in order to implement the project PGI05391 " Thematic Trail Trigger’’ (ThreeT),as indicated in the annexes. The annexes comprise:

  • ■   the latest version of the application form approved by the programme, including budget by budget line by partner, spending plan by partner, allocation of tasks and objectives, outputs and results by partner (Annex I)

  • •   the subsidy contract between the managing authority and the lead partner (Annex II),

  • •   Total budget by budget line and spending plan (Annex III)

  • 2.  The annexes - including all provisions they are based on and refer to - are considered to be an integral part of this agreement.

Article 3

Obligations of the parties

Lead partner’s obligations

  • 1.  The lead partner will comply with all obligations deriving from article 13 (2) of Regulation (EU) No 1299/2013, the subsidy contract and the programme manual, and inter alia, ensure the transfer of the subsidy to the project partners as quickly as possible and in full.

  • 2.  The lead partner will inform the partners on a regular basis about any relevant communication between the lead partner and the joint secretariat.

  • 3.  Before submitting a request for change to the joint secretariat, the lead partner shall obtain the approval of its partners on the changes proposed. The lead partner may set a deadline to the partners for this approval so that beyond this deadline the proposed changes are considered as approved by the partners.

  • 4.  The lead partner therefore:

  • i.   signs and submits the application form on behalf of the partnership

  • ii.   signs a subsidy contract with the managing authority for the total amount of the subsidy

  • iii.  is responsible for the division of tasks among the partners involved in the project and ensures that these tasks are subsequently fulfilled in compliance with the application form and subsidy contract

  • iv.  lays down the arrangement for its relations with its partners in a project partnership agreement (comprising, inter alia, provisions guaranteeing the sound financial management

  • v.  ensures an efficient internai management and control system

  • vi.  ensures that the project reports on time and correctly to the joint secretariat

  • vii.  ensures that the expenditure reported by all partners has been incurred from implementing the project and corresponds to the activities agreed upon by all the partners

  • viii. requests and receives payments of programme funding and transfers programme funding to the partners without delay in compliance with the amounts stated in the progress report

Partners’ obligations

  • 5.  To be eligible as project partner under Interreg Europe, the partner has to be a legal entity

  • 6.  All partners will do everything in their power to implement the project as defined in the present agreement and in line with the latest approved version of the application form

  • 7.  All partners shall comply with the provisions of the subsidy contract, the programme manual, the Cooperation Programme and the latest approved version of the application form

  • 8.  All partners shall comply with the statutory rules under European law, național statutory regulations, orders, decrees and rulings, permits and exemptions which are relevant for the performance of the present agreement, specifically with respect to their own portion of the project

K ■

In addition, they shall fulfil the following obligations:

  • 9.  To nominate a project manager (who will act also as the "local Project Coordinator” referred to in section C.8.1 of Annex I) and a financial manager for the parts of the project for which it is responsible and give the lead partner the authority to represent the partner in the project

  • 10. To provide the lead partner with all the information, in the prescribed form, necessary to draw up the mandatory reports for the project as well as all other reports on activities, requests for payment and other documents or information requested by the joint secretariat. The information so requested will be provided to the lead partner on time and complete

  • 11. All exchanges of information with the programme authorities shall follow the programme requirements.

  • 12. To make the partner contributions available as foreseen in the latest approved version of the application form and this partnership agreement

  • 13. To actively encourage the involvement of the stakeholder groups in their regions, their participation in the project, and their cooperation with respect to disseminating the project results

  • 14. To react promptly to any request of the lead partner, of programme authorities and bodies involved in the programme implementation, in particular for what concerns requests related to the coordination, implementation and evaluation of the project

  • 15. To notify immediately the lead partner of any event that could lead to a temporary or final discontinuation or any other deviation of the project, as well as any change related to the name of the organisation, its contact details, legal status or any other change concerning the partneris legal entity which may have an impact on the project or on their eligibility to the programme

  • 16. To comply with the planned budget by budget line, spending plan by partner, allocation of tasks and objectives, outputs and results by partner as indicated in Annex III of this agreement and to notify the lead partner without delay of any event that may lead to a deviation.

Other obligations

For whatever not indicated hereinabove, the provisions contained in the Regulation (EU) No 1299/2013, in the subsidy contract and in the programme manual will apply.

Article 4

Eligibility of Expendîture

  • 1. Each project partner can only report eligible expenditure. In order to be deemed eligible, the reported expendîture of each project partner shall:

  • a. reiate to activities and costs which are carried out, incurred, and paid from the date of the Approval Decision to the project end date as indicated in the application form;

  • b. reiate to activities set out in the application form which are necessary for carrying out the project and achieving the project’s objectives, outputs and results, and are included in the budget of the application form;

  • c. be reasonable, justified, and comply with the applicable EU and programme rules. In the absence of rules set at EU or programme level or in areas that are not precisely regulated național or instituțional rules in accordance with the principles of sound financial management apply;

  • d. be incurred and paid out by the project partner and be substantiated by proper evidence allowing Identification and checking;

  • e. be identifiable, verifiable, plausible, determined in accordance with the relevant accounting principles, and recorded in a separate accounting system or with an adequate accounting code;

  • f.  be verified by a first level controller in accordance with Regulation (EU) no 1303/2013, Article 125(4).

  • 2.   By derogation to Article 4.1 (a) to (e), simplified costs options may be indicated in the programme manual and have to be applied accordingly by each project partner.

  • 3.   In case a project partner does not comply with the eligibility rules, the lead partner and/or the programme authorities may impose corrective measure which have to be implemented by the concemed partner. Those corrective measures can lead to the exclusion of any ineligible expenditure and to the request for repayment of all or part of the concemed subsidy.

Article 5

Decision-making under the agreement

  • 1.  The Steering Committee as the decision making body described in section C.8.1 of Annex I, will be responsible for taking the main resolutions concerning the Project overall execution, regarding therefore:

  • ■   general project activities, including any modifications/deviations to the project Work Plan, adoption of the Communication Plan

  • ■   individual activities of project partners

  • ■   general project budget

  • ■   individual budget of project partners

  • ■   request for the exclusion and addition of partners

  • 2.  Steering Committee meetings are convened by e-mail at least 15 days before the date of the meeting, by the lead partner. The notice shall contain: the agenda of the meeting, the venue, day and time. The meeting shall be chaired by the lead partner and the related minutes shall be circulated to all partners and made available also in a special section of the project web portal or another area with access restricted to the partners.

  • 3.  The Steering Committee resolutions shall be made with the following quorum:

  • a) when modifying or expanding the present Partnership Agreement (Art. 16):

  • •  2/3 of the total number of partners

  • b)  with regard to other resolutions concerning the execution of project activities, decisions on expenditure, etc.

  • •  at least 1/2 of the total number of partners

  • 4.  A partner may delegate another partner, provided that a written communication to this purpose is given to the lead partner before the meeting.

  • 5.  In cases of necessity and urgency, the lead partner may consult the other partners by written procedure. In case the decisions are taken with a written procedura, the lead partner sends to all members, via e-mail, a question on the issues to be approved. The members can express their opinion in writing within 5 working days, or, for urgent matters for which a quick decision is required, within three working days (in this last case the principie of silent assent is not valid). Failure to reply within the above deadline will be considered as an expression of consent. The decision is taken in the absence of objections, after this deadline.

Article 6

Financing of joint activîties and preparation costs

  • 1.  The financing of joint activities is governed by the contracting-partner-only principie. The contracting partner is the only one that budgets, contracts, actually pays, ensures verification and reports 100% of the cost item of joint benefit and receives the related ERDF. Items of joint benefit are the following shared tasks performed as outsourced by the lead partner to externai expertise and service providers: n. 1 assistant project coordinator, n. 1 financial management assistant, n. 1 technical support provider (as described respectively in Items 1,2 and 5, section E.2 of Annex I)

  • 2.  The preparation costs will be reimbursed through a lump sum of 15,000€ per project and the corresponding ERDF (12,750€) will be paid to and retained by the lead partner.

Article 7

Project and programme performance

  • 1.  In case a project partner does not successfully reach one or more expected objectives, outputs or results as set out in the application form are not successfully reached, the concemed project partner is responsible to follow the requested corrective measures by the programme authorities.

  • 2.  In case one or more project partner(s) fail to respect the contractual arrangements on delivery in time, delivery to budget and delivery of outputs as defined in the annexes of this agreement, the programme may reduce the subsidy allocated to the project and, if necessary, stop the project by terminating the subsidy contract. In such cases, the concerned project partner(s) will be liable in compliance with article 8 of this agreement.

  • 3.  Subsidy payments not requested by each project partner in time and in full as indicated in the spending plan included in annex III may be lost for the concerned project partner.

Article 8

Liability

  • 1.  In case a project partner does not comply with its obligations as agreed upon in this agreement and the relevant annexes, the concerned project partner shall be the sole responsible for any liabilities, damages and costs, resulting from the non-compliance.

  • 2.  No project partner shall be held liable for not complying with its obligations as agreed upon this agreement and the relevant annexes should the non-compliance be caused by force majeure. In such a case, the partner involved must announce this immediately in writing to the other partners of the project.

Article 9

Audit rights, evaluation of the project / archiving of documents

  • 1.  The European Commission, the European Anti-Fraud Office, the European Court of Auditors and, within their responsibility, the relevant bodies of the participating EU Member States or other programme authorities are entitled to audit the proper use of funds by the project partners or arrange for such an audit to be carried out by authorised persons.

  • 2.  Each project partners will produce all documents required for the audit, provide necessary information and give access to their business premises.

  • 3.  In accordance with Regulation (EU) 1303/2013 Articles 56 and 57 each project partner undertakes to provide independent experts or bodies carrying out any project evaluation with any document or information necessary to assist the evaluation.

  • 4.  Each project partner will archive documents related to the project implementation for the period required by and in compliance with Regulation (EU) No 1303/2013 Article 140. The lead partner will inform the project partners of the start date of the period referred to in paragraph 1 of Article 140 of Regulation (EU) no 1303/2013 in due time. This period might be interrupted in duly justified cases and will resume after any such interruption. Other possibly longer statutory retention periods, as might be stated by național law, remain unaffected.

  • 5.  In accordance with Regulation (EU) No 1303/2013, Article 140 (the archiving of the documents) each project partner must ensure that all documents are kept either:

  • a. in their original form

  • b. as certified true copies of the originals

  • c. on commonly accepted data carriers including electronic versions of original documents

  • d. or documents existing as electronic version only

Notwithstanding the foregoing, the archiving formats have to comply with național legal requirements.

> ■

  • 6. The requirements as indicated in points (4) and (5) also apply ta any project partner which leaves the partnership before the end of the project.

Article 10

Communication and publicity

  • 1.  Each project partner will implement a communication and dissemination plan that ensures adequate promotion of the project and its results towards potențial target groups, project stakeholders and the general public in compliance with the Annex XII (2.2) of Regulation (EU) No 1303/2013, the subsidy contract (Article 12) and the programme manual.

  • 2.  Unless differently required by the managing authority, any notice or publication in relation to the project, made in any form and by any means, including the Internet, must state that it only reflects the author's views and that the programme authorities are not liable for any use that may be made of the Information contained therein.

  • 3.  Each project partner agrees that the programme authorities shall be authorised to publish, in any form and by any means, including the Internet, the following information:

  • a. the name and contact details of the lead partner and of the project partners

  • b. the project name

  • c. a summary of the project activities

  • d. the objectives of the project and the subsidy

  • e. the project start and end date

  • f.  the amount of the subsidy and the total budget of the project

  • g. the geographical location of the project implementation

  • h. progress reports including the final report

Article 11

Intellectual Property Rights. Confidentiality

  • 1.  AII intellectual property, outputs and results (whether tangible or intangible) that derive from the project will be the property of the lead partner and the project partners.

  • 2.  Notwithstanding the terms of Article 11.1, the results of the project have to be made available to the general public free of charge by the lead partner and project partners. The managing authority and any other relevant Programme stakeholder (such as the național points of contact, the European Commission) may reserve the right to use them for information and communication actions in respect of the programme. If there are pre-existing intellectual and industrial property rights which are made available to the project, these will be fully respected provided that they are notified by the lead partner and project partners to the managing authority in writing.

  • 3.  Any income generated by the intellectual property rights must be managed in compliance with the applicable EU, național and programme rules in the fields of net revenue and state aid.

  • 4.  In relation to paragraph 11.2 herein above, the lead partner shall make the necessary arrangements for the protection of intellectual rights connected with the provision of technical support Services by the externai service provider (as appointed by the lead partner as a shared task for the purpose of ensuring the satisfactory execution of activities as per methodological approach described in section C.4 of Annex I).

  • 5.  Although the nature of the implementation of the project is public, part of the Information exchanged in the context of its implementation between the programme bodies - partners and the lead partner; the lead partner and the managing authority / audit authority can be confidențial. Only documents and other elements explicitly provided with the statement “confidențial” shall be regarded as such.

  • 6.  The lead partner and the partners commit to taking measures to ensure that all staff members carrying out the work respect the confidențial nature of this information, and do not disseminate it, pass it on to third parties or use it without prior written consent of the lead partner and the partner that provided the information.

  • 7.  With regard to the protection of data, the General Data Protection Regulation (GDPR) (EU) 2016/679 on the protection of natural persons with regard to the Processing of personal data and on the free movement of such data, plus all relevant following Directives and național regulations applicable to each partner for implementing the above GDPR, will apply. The Lead Partner and all partners will make all necessary arrangements to comply with the above.

Article 12

Cooperation with third parties, delegation legal succession and outsourcing

  • 1.  In case of cooperation with third parties including suppliers of good/services, the project partner concerned shall remain solely responsible to the lead partner concerning compliance with its obligations as set out in this project partnership agreement.

  • 2.  The lead partner shall be informed by the project partner about the subject and party of any contract concluded with a third party.

  • 3.  No project partner shall have the right to transfer its rights and obligations under this project partnership agreement without the prior consent of the other project participants and the responsible programme implementing bodies.

  • 4.  In cases of legal succession, the lead partner or concerned partner is obliged to transfer all duties under this partnership agreement to the legal successor.

ș

  • 5. Outsourcing to consultants or to suppliers of goods/service shall be undertaken in accordance with procedures set out in the public procurement rules applicable to the contracting partner and in compliance with the EU directives on public procurement.

Article 13

Duration and right of termination

  • 1.  The agreement will enter into force on the date on which it is signed. It will remain in force until complete fulfilment of the lead partner and partners’ obligations under this project partnership agreement and the subsidy contract. In particular, all relevant provisions necessary for the fulfilment of the archiving and audit obligations defined in article 5 of this agreement shall remain in force until the end of the period referred to in article 140 of Regulation (EU) No 1303/2013.

  • 2.  The agreement can be terminated prematurely by means of a decision taken by the Steering Committee which also makes arrangements regarding the consequences of such premature termination.

Article 14

Non-fulfilment of obligations and disputes

  • 1.  Should one of the project partners not fulfil its obligations, the lead partner shall contact the concerned partner and remind this partner to comply within a period of 15 days and in any case not later than 30 days. The lead partner shall make any effort to contact the concerned partner(s) in order to solve the difficulties, including seeking the assistance of the joint secretariat / the managing authority of the programme.

  • 2.  Should the non-fulfilment of obligations continue, in spițe of notifications as mentioned under point one of this article, the partnership may decide to exclude the concerned partner from the project. The managing authority / joint secretariat shall be informed immediately by the lead partner if the partnership intends to exclude a partner from the project.

  • 3.  In case of non-fulfilment of a partner's obligation having financial consequences for the funding of the project as a whole, the lead partner may demapd compensation to cover the sum involved.

  • 4.  In case of any disputes, even if regarded as such by only one of the partners, which may arise owing to a further agreement or an actual action which is wholly or partly subject to the present agreement, the project partners shall first work towards an amicable settlement. In case the partners do not reach an amicable settlement, the settlement will be adjudicated by the competent court in the district in which the lead partner has its registered oftice. The lead partner’s registered oftice is located in Piazza del Municipio n. 4, Livorno 57123 (Italy).

Article 15

Demand for repayment

  • 1.  Should the programme authorities in accordance with the provisions of the subsidy contract demand repayment of all or part of the subsidy already transferred, each partner concerned is obliged to reimburse its share of the subsidy amount unduly received to the lead partner.

  • 2.  The lead partner shall, without delay, inform the concerned partner about any ERDF/Norwegian fund amount unduly paid due to an irregularity as soon as it is informed by the Managing Authority/Joint Secretariat. It shall also forward, without delay, the letter by which the managing authority has asserted the recovery order and notify each partner of the amount to be repaid. This amount is due by the deadline indicated by the lead partner in accordance with the recovery procedure described in the programme manual. In case the amount to be recovered shall be subject to interest, the interest rate will be determined in accordance with the provisions of the subsidy contract (Article 14.3) and would be applied to each concerned partner.

  • 3.  According to article 122.2 of Regulation (EU) 1303/2013 and article 27.3 of Regulation (EU) 1299/2013, if the Lead Partner does not succeed in securing repayment from other Project Partners or if the Managing Authority does not succeed in securing repayment from the Lead Partner after having used all reasonable endeavours in accordance with point 5.4 of the Cooperation Programme and the Procedure for the recovery of irregularities, the EU Member State or third country on whose territory the beneficiary concerned is located shall reimburse the Managing Authority any amounts unduly paid to that beneficiary. The EU Member State or third country (Norway) on whose territory the concerned beneficiary is located shall be entitled to undertake any legal action that it may deem necessary towards the concerned beneficiary in order to recover the unduly paid amount, based on național jurisdiction rules and in accordance with any agreement the EU Member State or third country (Norway) may have entered into with the beneficiary. In that case, the Lead Partner shall have the right to transfer its rights and obligations under this agreement to the EU Member State or third country (Norway) on whose territory the concerned beneficiary is located provided that the EU Member State or third country (Norway) agree to this transfer.

Article 16

Amendment of the project partnership agreement, withdrawals

  • 1. This agreement shall only be amended in writing by means of an amendment to that effect signed by all parties involved.

»

  • 2.  Modifications to the project (e.g. concerning activities, time schedule or budget) that have been approved by the programme authorities, in compliance with the procedure set in the programme manual, can be carried out without amending the present agreement.

  • 3.  If one of the project partners withdraws from the partnership, the lead partner and the project partners shall endeavour to cover the contribution of the withdrawing project partner, proposing to the programme authorities either to reallocate the tasks of the withdrawn partner inside the partnership and/or to replace the withdrawn partner by one or more new project partners.

Article 17

Working language

  • 1.  The working language of this Partnership shall be English.

  • 2.  The English version of the partnership agreement is the binding one.

Article 18

Final provisions

  • 1.  This agreement is governed by the law of Italy.

  • 2.  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.

  • 3.  Any change of domicile as indicated in the Application Form (Annex I), shall be notified in writing by the partner to the lead partner by registered mail, within 15 days following the change of address.

By signing this Partnership Agreement, the partners declare to be fully aware of its content and hereby accept all its clauses without any exception.

Concluded in Livorno on__.__.2018. (same day of the signature by the Lead Partner in the following page)

The projecfc partner 7

Title of the institution:

Place and date:

Name and function of the signatory:

Signature/Stamp: