CONTRACT BETWEEN THE CONTRACTOR AND THE PARTNER
(MINIMUM CLAUSES1)
This Contract, drawn up under the Community Leonardo da Vinci programme (Official Journal of the European
Communities 94/819/EC of 29/12/94), shall govern the relationships between:
Faculdade de Engenharia da Universidade do Porto (F.E.U.P.)
whose registered office is situated at:
Rua Bragas
P - 4099 PORTO
represented by:
JOSE MARQUES SANTOS (Director)
hereinafter known as “the Contractor”
and
...................................................................................................................................................................
...................................................................................................................................................................
Whose registered office is situated at:
...................................................................................................................................................................
...................................................................................................................................................................
represented by:
...................................................................................................................................................................
hereinafter known as “the Partner”
have agreed as follows:
1
The Contractor may add clauses other than those given here.
Article 1 / Scope of the Contract
Having regard to the provisions of Council Decision 94/819/EC of 06.12.1994, establishing the Leonardo da Vinci
programme, the Contractor and the Partner shall undertake to carry out the work programme set out in this agreement.
This work programme shall be as set out in Contract No. P/98/2/05349/PI/II.1.1.c/FPC concluded between the Contractor
and the European Commission, relating to the project entitled APPLICATION OF TELEWORKING IN CONSTRUCTION
MANAGEMENT.
The total cost of the project for the contract period under Contract No. P/98/2/05349/PI/II.1.1.c/FPC, all financing
combined, is estimated at Euros 185.000 (including all taxes and duties).
The maximum Leonardo da Vinci contribution to cover expenditure incurred by the EUR 18 members of the Partnership
participating officially in the programme shall be Euros 135.000 or 72,97 % of the total cost of the project borne by the
EUR 18 members, amounting to Euros 185.000 .
Where actual eligible expenditure is less than this, the Community contribution will be restricted to 72,97 % of total eligible
expenditure. No profit may be derived under any circumstances from this financial assistance.
This Contract shall regulate the relationships between the parties and their respective rights and obligations arising from
their participation in the project.
The subject matter of this Contract and the work programme relating thereto are specified in the annexes which form an
integral part of this Contract and which each party states that it has read and approved.
Article 2 / Duration
This Contract shall enter into force on .1. December 1998 and shall terminate on 5. June 2001.
Article 3 / Obligations of the Contractor
The Contractor shall undertake:
 to take all the steps needed to prepare for, perform and correctly manage the work programme set out in this
Contract, in accordance with the objectives of the project as set out in the Contract concluded between the
European Commission and the Contractor;
 to forward to the Partner a copy of official documents in connection with the project, such as the Contract
concluded with the European Commission and the various reports;
 to notify the Partner of any change to the Contract concluded with the European Commission;
 to decide, together with the Partner, on the role, rights and obligations of both parties, including those
concerning the allocation of intellectual property rights;
 to respect all the provisions of the general Contract binding the Contractor to the European Commission.
Article 4 / Obligations of the Partner
The Partner shall undertake:
 to take all the steps needed to prepare for, perform and correctly manage the work programme set out in this
Contract, in accordance with the objectives of the project as set out in the Contract concluded between the
European Commission and the Contractor;
 to respect all the provisions of the general Contract binding the Contractor to the European Commission.
 to forward to the Contractor any information or document that the latter requests and that is needed for the
management of the project;
 to decide, together with the Partner, on the role, rights and obligations of both parties, including those
concerning the allocation of intellectual property rights;
Article 5 / Financing - Description of tasks
The total expenditure to be committed by the Partner for the period covered by this Contract is estimated at Euros
185000 (including all taxes and duties).
This amount corresponds to the tasks and costs set out in the Annexes.
(a detailed description should be given in the Annexes)
The Community Leonardo da Vinci contribution shall be of a maximum amount of Euros 135000, i.e. 72,97 % of the total
expenditure committed by the Partner.
If actual eligible expenditure is less than this amount, the Community contribution shall be limited to 72,97% of the total of
actual eligible expenditure, and the difference shall be repaid to the Contractor. Under no circumstances my any profit be
derived from this financial assistance.
Article 6 / Co-financing
The Partner’s contribution shall be Euros 50000 and shall take the form set out in the annexes.
(A detailed description of the Partner’s contribution should be given in the annexes).
Article 7 / Payments
The Contractor shall undertake to make payments in connection with the subject matter of this Contract to the Partner by
the following methods:
Payments are made for actual expenditures which are invoiced by the partners.
Any amount received by the Partner which is not used within forty-five days shall be placed in a deposit account.
Interest thus generated shall be declared in the financial report and paid to the Contractor, who shall repay it to an
account specified by the European Commission.
Article 8 / Bank account
(details of the bank account opened in the name of the Partner organisation to which the funds allocated to the Partner
will be paid).
Article 9 / Reports
The Partner shall supply the documents needed for completing the interim report to the Contractor by 30. March 2000 at
the latest.
The Partner shall supply the documents needed for completing the final report to the Contractor by 20. May 2001 at the
latest.
Article 10 / Follow-up and monitoring
The Partner shall, without delay, supply the Contractor with any information that the latter may request from him/her in
connection with the implementation of the work programme forming the subject matter of this Contract.
The Partner shall make available to the Contractor any document making it possible to check that this work programme is
being or has been completed.
In the event of financial and/or operational audit by the competent authorities, the Partner shall cooperate with the
Contractor such that the latter has all the necessary information.
In all publications in connection with this project (including publication on the Internet), any reference to the financial
support awarded by the Commission shall be accompanied by a clearly worded statement that the content of such
publication is the sole responsibility of its authors and in no way represents the opinions of the Commission or its
departments.
Article 11 / Property rights
The Partner shall undertake to abide by the provisions of Annex III - Part 4, entitled “Property rights”, of the Contract
concluded between the Contractor and the European Commission.
The Contractor shall provide the Partner with all information on this subject, including such information as appears in the
Contract and its amendments and in official documents and correspondence.
Article 12 / Liability
Each contracting party shall release the other from any civil liability in respect of damages resulting from the performance
of this Contract, suffered by itself or by its personnel, to the extent that these damages are not due to the serious or
intentional negligence of the European Commission, the Contractor or their personnel.
The Partner shall guarantee the European Commission, the Contractor and their personnel against any action for
damages suffered by third parties, including project personnel, as a result of the performance of this Contract, to the
extent that these damages are not due to the serious or intentional negligence of the European Commission, the
Contractor or their personnel.
Article 13 / Termination of the contract
The Contract may be terminated if the Partner fails to perform one of the obligations arising from this Contract,
irrespective of the consequences set out in law that are applicable to him/her; this Contract may then automatically be
terminated by the Contractor without the need for any other legal formality, after notification of the Partner by registered
letter has remained without effect for one month.
The Partner shall immediately notify the Contractor, supplying all useful information, of any event likely to prejudice the
performance of this Contract.
Article 14 / Jurisdiction clause
Failing amicable settlement, the Courts of Porto (Contractor’s registered office) shall have sole jurisdiction to rule on any
dispute between the contracting parties in respect of this Contract.
The law applicable to this Contract shall be the law of Portugal (country of the Contractor).
Article 15 / Modifications or additions to the contract
Modifications to this Contract shall be made by an amendment signed on behalf of each of the parties by the signatories
to this Contract.
Article 16 / Annexes
The following documents are annexed and are an integral part of this Contract:
 Annex : financial plan
Done at.............................................................., in two copies.
For the Contractor
For the Partner
Annex to Contract between Contractor and Partner
SUMMARY TABLE FOR THE WHOLE PARTNERSHIP
Contract N° P/98/2/05349/PI/II.1.1.c/FPC
Organisation
Leon d Vinci
Own Funds
Total Budget
Allocation
FEUP
16.0 %
27 640
+ 2 000
29 640
U West England
9.6 %
15 790
+ 2 000
17 790
Seinajoki Polytechnic
9.6 %
15 790
+ 2 000
17 790
Hog. s'Hertogenbosch
8.0 %
13 820
+ 1 000
14 820
Techn. U Eindhoven
8.0 %
13 820
+ 1 000
14 820
Limerick Inst. Techn.
16.0 %
27 640
+ 2 000
29 640
Keohane & Co, Ltd.
6.5 %
4 100
+ 8 000
12 100
Heijmans B. en Vast.
6.5 %
4 100
+ 8 000
12 100
Dutch Building Agency
6.5 %
4 100
+ 8 000
12 100
Novopca
6.5 %
4 100
+ 8 000
12 100
Engil
6.5 %
4 100
+ 8 000
12 100
135 000
+ 50 000
= 185 000
COSTING
Contract N° P/98/2/05349/PI/II.1.1.c/FPC
Type of Expenditure
Plan for whole project period
(I a) Staff costs
70 000
(I b) Overheads
15 000
(I c) Travel/Subsistence costs
35 000
(I d) Subcontracting costs
(I e) Computer and audiovisual costs
25 000
(I f) Other costs
40 000
Total cost of the project
185 000
II.1.
RELATIONS BETWEEN DG XXII, THE CONTRACTOR AND THE PARTNERS
II.1.1. CONTRACTOR/PARTNER RELATIONS
Within the Partnership, the Contractor is responsible to the Commission for the use of the funds received. The Contractor
should therefore regularly obtain Partner expenditure statements in order to control expenditure incurred in relation to the
revised budget, anticipate any variations and react appropriately to them. In order to do this, the Contractor should
organise a reporting procedure which should be defined in advance in the contracts linking him to the Partners. This
may, for example, consist of sending the Contractor a list of expenses drawn up by each Partner every three months. The
Contractor should also ensure that each Partner keeps supporting documents of the costs incurred.
Where dissemination of information is essential to the efficient management of the project, the Contractor should pass a
copy of the official documents (such as the Contract, interim report, final report, etc.) and any important information
regarding the project to each of the Partners.
The rights and obligations of the Contractor on the one hand, and those of the Partner on the other, must be formalised in
a contract which, generally speaking, should stipulate that both parties will comply with the Contract concluded between
the Contractor and the Commission. The minimum clauses to be included in this contract can be found in Annex I to the
Handbook.
II.1.2. DG XXII /PARTNERSHIP RELATIONS
Under the terms of the Contract, DG XXII is responsible for monitoring the performance of the Contract, including its
financial aspects. The Partnership should seek DG XXII’s opinion:
 on any issues connected with the administrative and financial management of the Contract;
 on any specific questions having a legal or financial implication.
Any request likely to entail a fundamental amendment of the Contract (see II.2 of the Handbook) should be sent to the
Commission and should take the form of an original letter signed by the organisation’s legal representative.
In some cases, the Partnership’s agreement may be sought.
source: Administrative and Financial Handbook, European Commission, Leonardo da Vinci Programme.
(TO BE COMPLETED BY EACH MEMBER OF THE PARTNERSHIP, INCLUDING THE CONTRACTOR
AND THE COORDINATOR) – EUR 18
NAME OF THE ORGANISATION: ……………………………………………………………………………………………………………….
N° 1 : ………………………………………
TABLE III.A. DETAIL OF BANK TRANSFERS BETWEEN THE CONTRACTOR AND ITS PARTNERS DURING
THE 1ST PERIOD 2- EUR 18
LEONARDO DA VINCI Transfers
Incoming Funds
Outgoing Funds
Date of
Amount in
Sending Date
Amount in
Receipt
Euro 25
Euro 3
Origin
Total
Beneficiary
Total
TABLE III.B. EXCHANGE RATE USED IN RECONVERTING NATIONAL CURRENCY EXPENDITURE
INCURRED DURING THE 1ST PERIOD BACK INTO Euro – EUR 18
Currency
Rate
Reference Date
TABLE III.C. VAT SYSTEM OF THE CONTRACTOR AND ITS PARTNERS IN THE FRAMEWORK OF THE
LEONARDO DA VINCI PROGRAMME 4- EUR 18
Non deductible and non recuperable VAT
Deductible and recuperable VAT
Possible Comments
1
YES
YES
NO
NO
Cf. Tables I and II.
The amounts mentioned must be based upon official bank documents or adequate accounting documents.
3 Please indicate the amounts in Euro, taking into account the exchange rate indicated in Table III.B.
4 Cf. the relevant paragraphs in the Administrative and Financial Handbook .
2
Tables III.A-C
Each member of the partnership must complete a separate set of tables III.A-C, which consists of:
III.A
III.B
III.C
a description of the transfer of funds between the contractor and the partners during the period covered by the
interim report
a declaration by each partner of the exchange rates used during the period covered by the interim report
a declaration of the organisation’s VAT system
Example : the contractor has obtained an advance of 40.000 €, of which 10.000 € have been paid to each of the three
partners. Partner A withdraws from the project without making any expenses and hence reimburses 10.000 € to the
Contractor. This situation is shown as follows:
for the Contractor:
Origin
Commission
Partner A
LEONARDO DA VINCI Transfers
Incoming Funds
Outgoing Funds
Date of
Amount in
Date Sent
Amount in
Receipt
EURO
EURO
1/1/2000
40.000
1/1/2000
10.000
1/1/2000
10.000
1/1/2000
10.000
2/3/2000
10.000
TOTAL
50.000
TOTAL
30.000
Beneficiary
Partner A
Partner B
Partner C
for Partner A:
Origin
Contractor
LEONARDO DA VINCI Transfers
Incoming Funds
Outgoing Funds
Date of
Amount in
Date Sent
Amount in
Receipt
EURO
EURO
5/1/2000
10.000
25/2/2000
10.000
TOTAL
10.000
TOTAL
10.000
Only transactions between members of the Partnership are taken into consideration.
Transactions directly linked to expenditure are not concerned.
Beneficiary
Contractor