INSTRUCTIONS for using the Partnership Agreement format:
The Additional Grant Beneficiary shall sign a Partnership Agreement with each of the BRC Project Partners. For
this purpose the Additional Grant Beneficiary shall use the following format and abide by the following rules:
- to respect the instructions given (written in italics) here and also further in the text;
- the predefined provisions of the Partnership Agreement cannot be deleted or adjusted unless expressly
required in the instructions;
- if cooperation of the parties needs additional specifications such specification can be added to the provisions
of the Partnership Agreement in compliance with the instructions. Nevertheless, such additional specifications
shall not contradict any predefined provisions or the Additional Grant Contract.
Please delete these INSTRUCTIONS before signing the Partnership Agreement.
Partnership Agreement
(hereinafter referred to as “the Agreement”)
concerning the implementation of BRC Project No. xxxxxxx
financed from the funds of the EEA Financial Mechanism 2009-2014
(hereinafter referred to as “EEA FM”),
within the Programme CZ03 – The Fund for Non-Governmental Organisations
(hereinafter referred to as “the NGO Fund”).
Parties to the Agreement (hereinafter also referred to as “the Partners”):
Additional Grant Beneficiary (Lead Partner):
Name:
Registered office:
Represented by:
Identification number (IČO):
(hereinafter referred to as “the Beneficiary”)
and
BRC Project Partner:
Name:
Registered office:
Represented by:
Identification number (IČO):
Bank:
Bank account:
(hereinafter referred to as “the BRC Project Partner”)
enter into this Agreement pursuant to the Act No. 89/2012 Coll., the Civil Code.
Article I
Introductory Provisions
1. The Agreement is signed in connection to the Additional Grant Contract No. xxxxxxx the
Beneficiary shall sign with the Programme Operator, i.e. PLEASE SELECT: the Civil Society
Development Foundation (Nadace rozvoje občanské společnosti, NROS) / Environmental
Partnership Foundation (Nadace Partnerství, NaP) (hereinafter referred to as “the Contract”).
2. The draft Contract and all its annexes, with the exception of Annex V of the draft Contract,
are an integral part of the Agreement.
3. All abbreviations and established terminology used in the draft Contract shall for the purpose
of this Agreement have the same meaning as in the draft Contract.
4. The aim of the Agreement is to define rights and obligations of Partners in respect of partner
cooperation in their joint BRC Project implementation as defined in the Article II of the draft
Contract:
BRC Project name:
BRC Project number: xxxxxxx
5. Based on the Contract the Beneficiary shall receive an Additional Grant stemming from the
funds of the EEA Grants within the NGO Fund Programme in order to implement the BRC
Project. The Additional Grant shall be provided to the Beneficiary by the Programme
Operator.
6. By signing the Agreement no independent legal entity is established to become a party to
legal relations, acquire property or obligations. Only each Partner shall be a party to legal
relations resulting from the BRC Project implementation.
7. The Beneficiary acknowledges that the Agreement in no way limits or changes the
obligations of the Beneficiary arising from the Contract. Should any provisions of the
Agreement contradict the provisions of the Contract such provision of the Agreement shall
not apply. In such case the Partners shall initiate negotiations to appropriately replace such
ineffective provision of the Agreement.
Article II
Principles of Partnership
1. Partnership is a relation between the Beneficiary and the BRC Project Partner expressing
their will to implement the BRC Project jointly. Each of the Partners shall implement their
part of the BRC Project as defined in the Annex I of the draft Contract. The Beneficiary is the
main holder of the BRC Project. The Beneficiary cannot delegate its coordination role and
overall responsibility for BRC Project implementation to the BRC Project Partner.
2. To prevent any doubts the Partners declare that the cooperation between the Beneficiary
and the BRC Project Partner in BRC Project implementation is not a relation between a
supplier and customer. The role of a Partner does not mean that the BRC Project Partner
Page 2 of 8
provides goods or services to the Beneficiary. Financial funds provided by the Beneficiary are
not a payment for any goods or services provided.
3. In addition to its role of a Partner the BRC Project Partner shall not be a supplier of goods or
services within the scope of the BRC Project. Correspondingly, the Beneficiary shall not be a
supplier of goods or services in the part of the BRC Project implemented by the BRC Project
Partner.
Article III
Cooperation in BRC Project Implementation
1. The part of the BRC Project implemented by the BRC Project Partner (hereinafter referred to
as “the Relevant Part of the BRC Project”) and any additional competencies of the BRC
Project Partner in BRC Project implementation are specified in the Annex I of the draft
Contract.
2. In necessary you can add additional provisions regarding the cooperation between the
Partners (e.g. more specific division of roles in BRC Project implementation or its activities,
coordinated practices, communication rules, etc.). Continue numbering the clauses of this
Article as required. Please delete this clause if no additional provisions are to be added.
Article IV
Financial and Payment Provisions
1. The estimated total eligible costs of the BRC Project incurred by the BRC Project Partner are
included within the consolidated BRC Project budget in Annex II of the draft Contract. The
costs amount to _______ CZK.
2. BRC Project costs incurred by the BRC Project Partner are eligible under the same terms and
conditions as the BRC Project costs incurred by the Beneficiary. The cost eligibility criteria
pursuant to the Article 10 of the Annex III of the draft Contract apply to all BRC Project costs
regardless of the source of financing.
3. The BRC Project Partner shall keep their accounting in compliance with applicable legislation
using the double-entry bookeeping. In respect of the Relevant Part of the BRC Project the
BRC Project Partner shall keep separate analytic accounts as part of their bookkeeping. Such
system shall clearly link all relevant accounting events (in particular costs and revenues) to
the Relevant Part of the BRC Project and also to the actual source of financing. All accounting
entries shall be clearly identifiable, verifiable and documented by original copies of
accounting and primary documents.
4. The BRC Project Partner shall inform the Beneficiary of the use of eligible BRC Project costs
for the Relevant Part of the BRC Project in connection to pertinent items in the BRC Project
budget and of other facts significant for the consolidated BRC Project financial statements
prepared by the Beneficiary.
5. The BRC Project Partner shall submit to the Beneficiary financial statements for the Relevant
Part of the BRC Project. In these financial statements the BRC Project Partner shall declare all
facts and data incidental to the Relevant Part of the BRC Project and necessary for
Page 3 of 8
preparation of consolidated financial statements of the BRC Project, in particular the eligible
BRC Project costs, sources of their financing and direct BRC Project revenues that have not
been used to cover the BRC Project costs.
6. To the financial statements for the Relevant Part of the BRC Project the BRC Project Partner
shall enclose a copy of all accounting and primary documents and copies of documents
confirming that the declared eligible BRC Project costs have been paid.
7. The Beneficiary shall confirm the eligibility of costs and facts declared by the BRC Project
Partner in the financial statements for the Relevant Part of the BRC Project. Following such
control the Beneficiary shall enter the data to the consolidated BRC Project financial
statements in accordance with the rules defined in the draft Contract. At the same time the
Beneficiary shall also determine whether and to what extent the BRC Project Partner is
entitled to a refund in compliance with the principles corresponding to the procedure under
the clauses 13.4 to 13.7 of the Annex III of the draft Contract. In accordance with the
calculated refund entitlement the Beneficiary shall pay Additional Grant funds to the BRC
Project Partner according to the clause 10 of this Article IV.
8. The Beneficiary shall pay the Additional Grant funds according to the clause 10 of this Article
IV via a bank transfer to the account of the BRC Project Partner specified in the Preamble of
the Agreement.
9. The Beneficiary shall have the right to suspend any transfers of Additional Grant funds to the
BRC Project Partner or to request back all Additional Grant funds already paid out to the BRC
Project Partner if requested to do so by the Programme Operator or other superior bodies of
the EEA Grants implementation structure or if proceeding under the Article VII of the
Agreement.
10. There are 3 options specified below to pay the Additional Grant funds by the Beneficiary to
the BRC Project Partner. Please copy the selected option to this clause instead of this text
(without the words “OPTION #x”). If necessary you can specify the selected option but its
concept cannot be changed. You can also add additional provisions in other clauses. We do
recommend to specify in particular the following: time period or deadlines for submitting a
report describing the use of funds pursuant to the clause 4 of this Article IV; time period or
deadlines for submitting financial statements concerning the Relevant Part of the BRC Project
under the clause 5 of this Article IV; form and requested information and documents for such
reports and financial statements; payment dates; absolute or relative amount of the
Additional Grant funds provided in relation to the Relevant Part of the BRC Project; or other
requirements. Continue numbering the clauses of this Article IV as required.
OPTION #1: The BRC Project Partner incurs eligible BRC Project costs and then submits a
financial statement to the Beneficiary in accordance with the clause 5 of this Article IV. The
Beneficiary shall then transfer the refund claimed to the BRC Project Partner with the
entitlement determined in accordance with the clause 7 of this Article IV. The funds from the
previous sentence are transferred after the Beneficiary receives the Additional Grant funds.
OPTION #2: The BRC Project Partner incurs eligible BRC Project costs and then submits a
financial statement to the Beneficiary in accordance with the clause 5 of this Article IV. The
Beneficiary shall then transfer the refund claimed to the BRC Project Partner with the
entitlement determined in accordance with the clause 7 of this Article IV. The funds from the
Page 4 of 8
previous sentence are transferred regardless of whether or not the Beneficiary has already
received the Additional Grant funds.
OPTION #3: The Beneficiary transfers the Additional Grant funds to the BRC Project Partner in
advance. The BRC Project Partner incurs eligible BRC Project costs and then submits a
financial statement to the Beneficiary in accordance with the clause 5 of this Article IV. The
refund claimed with the entitlement determined in accordance with the clause 7 of this
Article IV shall be settled against the Additional Grant funds previously received by the BRC
Project Partner. If the sum of Additional Grant funds already received by the BRC Project
Partner is lower than the claimed refund the Beneficiary shall transfer further Additional
Grant funds to the BRC Project Partner amounting to the difference. If the sum of Additional
Grant funds already received by the BRC Project Partner is higher than the claimed refund
the BRC Project Partner shall return the remaining part of the Additional Grant funds to the
Beneficiary.
Article V
Obligations of the BRC Project Partner
1. The BRC Project Partner shall abide by and comply with all relevant rules and obligations
arising to the Beneficiary from the draft Contract.
2. Relevant rules and obligations mentioned in the previous clause are rules and obligations
expressly specified in the Agreement and also in particular the following provisions of the
draft Contract: clauses I 3, V 2, V 11, V 12 and V 13 of the draft Contract; articles II, III and VII
of the draft Contract; clause 1.1 of the Annex III of the draft Contract; articles 2, 4, 5, 6, 10,
11 and 12 of the Annex III of the draft Contract; Annex IV of the draft Contract.
3. The BRC Project Partner shall provide all information relating to the Relevant Part of the BRC
Project to the Beneficiary in appropriate form and in time, in particular in order to comply
with the obligations of the Beneficiary related to the submission of consolidated information
and reports for the BRC Project as a whole and in accordance with the rules and deadlines
resulting from the Article 3 of the Annex III of the draft Contract and Article 7 of the Annex III
of the draft Contract.
4. The BRC Project Partner shall inform the Beneficiary of all facts that affect or could affect the
BRC Project implementation or performance of the Agreement or the Contract.
5. The BRC Project Partner shall make any changes to the Relevant Part of the BRC Project only
subject to a previous written consent of the Beneficiary and in particular in accordance with
the rules and deadlines arising from the Article 7 of the Annex III of the draft Contract.
6. When it comes to any subcontracting within the Relevant Part of the BRC Project the BRC
Project Partner shall proceed according to the Annex IV of the draft Contract. The BRC
Project Partner declares to be aware that any subcontracting within the BRC Project
constitutes public procurement pursuant the respective legislation in force.
7. The BRC Project Partner shall keep all documents connected to the implementation of the
Relevant Part of the BRC Project in compliance with the binding legal regulations but in any
case at least for 10 years beginning from January 1 of the year following after the year when
the NGO Fund Programme Final Report is approved by the Financial Mechanism Office. The
Page 5 of 8
BRC Project Partner shall be informed by the Beneficiary of the date when the Programme
Final Report is approved by the Financial Mechanism Office. As of the signing of the
Agreement it is estimated that all documents connected to the BRC Project implementation
should be archived until January 1, 2028.
8. The BRC Project Partner shall create suitable conditions for auditing, monitoring or
evaluating the Relevant Part of the BRC Project in accordance with the Article 12 of the
Annex III of the draft Contract. The BRC Project Partner agrees that the Beneficiary is one of
the authorized persons mentioned in the clause 12.3 of the Annex III of the draft Contract.
9. The BRC Project Partner shall inform the Beneficiary of any and all controls or monitoring of
the Relevant Part of the BRC Project performed by other entities and not the Beneficiary. The
BRC Project Partner shall without any delay inform the Beneficiary of any and all controls or
monitoring mentioned in the previous sentence, their results, proposed corrective measures
as well as approval and implementation of such corrective measures.
10. The BRC Project Partner declares to be aware of duplicity financing being prohibited. The BRC
Project Partner shall not request payment for any BRC Project cost that has already been
covered by any other way and any other entity.
11. If the BRC Project Partner acquires intellectual property rights as a result of the BRC Project
implementation in accordance with the clause 6.1 of the Annex III of the Contract the BRC
Project Partner shall if requested by the Programme Operator provide an authorization to
use such intellectual property rights (licence) to the Programme Operator. The BRC Project
Partner shall provide licence mentioned in the previous sentence in the scope necessary to
perform the obligations of the Programme Operator, in particular in respect to the NGO Fund
goals, EEA Grants publicity and sharing of best practices; the licence shall be agreed as a nonexclusive, free-of-charge licence for an indefinite period and without any geographical
limitations. The authorization (licence) shall correspond accordingly to the relevant
provisions of the Regulation (EC) No. 1906/2006.
12. The BRC Project Partner shall return to the Beneficiary all the funds owed due to the
provisions of the Agreement within 15 working days from the delivery of request to do so
unless the Beneficiary sets a longer deadline.
13. The BRC Project Partner shall be responsible for all damages caused to the Beneficiary and
caused by the BRC Project Partner breaching its obligations resulting from the Agreement or
caused by the BRC Project Partner breaching the legal regulations. In such cases the BRC
Project Partner shall also be responsible for any damages caused to third parties.
14. If necessary you can add additional obligations of the BRC Project Partner. Continue
numbering the clauses of this Article as required. Please delete this clause if no additional
provisions are to be added.
Article VI
Obligations of the Beneficiary
Page 6 of 8
1. The Beneficiary shall inform the BRC Project Partner of all facts that affect or could affect the
implementation of Relevant Part of the BRC Project or the Agreement.
2. The Beneficiary shall consult with the BRC Project Partner any planned BRC Project changes
connected to or affecting the Relevant Part of the BRC Project before such change is
proposed for approval in accordance with the Article 7 of the Annex III of the draft Contract.
3. In compliance with the terms and conditions defined the Beneficiary shall pay respective
Additional Grant funds to the BRC Project Partner using procedure and in the amount
specified according to the Article IV of the Agreement.
4. If necessary you can add additional obligations of the Beneficiary. Continue numbering the
clauses of this Article as required. Please delete this clause if no additional provisions are to
be added.
Article VII
Noncompliance, Settlement of Disputes
1. The Partners shall try to prevent any disputes but if such dispute arises the Partners shall try
to reach an agreement in compliance with the legal regulations of the Czech Republic.
2. If the BRC Project Partner breaches their obligations the Beneficiary is authorized to without
any delay suspend any transfers of Additional Grant funds to the BRC Project Partner.
3. If necessary you can add additional provisions regarding resolution of disputes between
Partners. Continue numbering the clauses of this Article as required. Please delete this clause
if no additional provisions are to be added.
Article VIII
Concluding Provisions
1. The Agreement becomes valid and effective on the day it has been signed by the last of its
parties.
2. The Agreement shall be concluded for the duration of the Contract in accordance with the
clause VIII 2 of the draft Contract. If the Contract does not become valid within six months
from signing the Agreement each of the Partners has the right to withdraw from the
Agreement by a written notice delivered to the other Partner. If the Contract becomes valid
the Agreement ceases to be valid at the same time as the Contract. If there are obligations
arising from the Agreement and not met by the end of its validity in accordance with the
previous sentence, the Agreement ceases to be valid only after such obligations are fulfilled.
3. The Agreement can be changed only by written amendments numbered in ascending order.
In addition to the Partners a copy of every amendment shall be delivered to the Programme
Operator. The BRC Project Partner shall provide the Beneficiary all cooperation necessary for
the Beneficiary to comply with their obligations towards the Programme Operator in
accordance with the clause VII 4 of the draft Contract.
Page 7 of 8
4. The Agreement has been made in three copies and each of them shall have the force of an
original. One copy is for the Beneficiary, one for the BRC Project Partner and the last one
shall be delivered by the Beneficiary to the Programme Operator before signing the Contract.
5. If necessary you can add additional provisions. Continue numbering the clauses of this Article
as required. Please delete this clause if no additional provisions are to be added.
Article IX
Annexes
1. The annexes of the Agreement consist of the draft Contract and all its Annexes, with the
exception of Annex V of the draft Contract.
2. The Beneficiary and the Programme Operator shall receive a copy of the Agreement without
the Annexes of the draft Contract specified in the previous clause because both of them have
these Annexes available.
3. If necessary you can add other annexes to the Agreement. Such annexes shall be delivered
also to the Beneficiary and the Programme Operator. Please delete this clause if no additional
annexes are to be added.
For the Beneficiary
For the BRC Project Partner
Fill in the name of the organisation
Fill in the name of the organisation
Authorized representative:
Authorized representative:
Fill in the name and surname
Fill in the name and surname
………………………..
Signature
............................
Signature
Fill in the date
Fill in the date
Page 8 of 8