Common use of Implementation Arrangements Clause in Contracts

Implementation Arrangements. The Recipient shall, through the PMD: apply in the implementation of the Project, a Project Manual acceptable to the World Bank and the Recipient, giving details of: (i) implementation arrangements; (ii) procurement procedures as set forth in Section III of this Schedule and standard procurement documentation; (iii) reporting requirements, financial management procedures and audit procedures as set forth in Section II.B of this Schedule; (iv) project performance indicators; (v) the Environmental Management Framework, the Isolated and Vulnerable Peoples Framework, and the Land Acquisition and Resettlement Framework, including the technical guidelines for implementation of such frameworks; (vi) Eligibility Criteria for the selection of Sub-projects and the terms and conditions of governing the Kecamatan Grants and Local Government Participation, including the terms and conditions set forth in the Annex 1 to this Schedule; (vii) maintenance provisions for works to be carried out under a Sub-project; and (viii) the Better Governance Action Plan; adopt, prior to the commencement of Sub-project selection for any Pilot and Special Program or Sub-project for a natural disaster, emergency or catastrophic event under Part 1(a)(v) of the Project, a Supplemental Manual, acceptable to the Recipient and the World Bank, as necessary to set out criteria and implementation arrangement unique to such Pilot and Special Program; not amend, suspend, abrogate, repeal or waive any provisions of the Project Manual or any Supplemental Manual without the prior written agreement of the World Bank and the Recipient; ensure that the Project Manual, and each Supplemental Manual, as applicable, is made available, at all times until completion of the Project, to each Local Government and all Oversight Consultants and Facilitators, and applied in the carrying out of Sub-projects; and with the prior written agreement of the World Bank, update the Project Manual, and each Supplemental Manual, as necessary, at all times ensuring compliance thereof with the terms of this Agreement. For the purposes of providing Kecamatan Grants to Beneficiaries under the Project, the Recipient shall only submit an application for withdrawal of the proceeds of the Grant allocated to Category (1) in the Table in Section IV.A of this Schedule to finance Sub-projects prepared and selected in accordance with the Eligibility Criteria set forth in Annex 1 to this Schedule, the Project Manual, and any applicable Supplemental Manual. The Recipient shall ensure that Facilitators are contracted, trained and mobilized by no later than April 30 in each year of Project implementation in accordance with the Project Manual. The Recipient, through PMD, shall ensure that, prior to carrying out Sub-project works, the technical Facilitators shall have completed a technical review of each Sub-project in accordance with the Project Manual and the requirements of Annex 1 to this Schedule. The Recipient shall ensure that the applicable Kabupaten Satker shall retain records of each such review. The Recipient shall ensure that, prior to undertaking any activities under Part 1(a)(v) of the Project with respect to any natural disaster, emergency or catastrophic event, (a) the World Bank and the Recipient have agreed in writing that a disaster, emergency and/or catastrophic event requiring support for such activities has occurred; and (b) the World Bank and the Recipient have adopted a Supplemental Manual, if necessary, which defines the scope of such activities, and their implementation and disbursement arrangements. The Recipient, through PMD, shall ensure, on an annual basis during Project implementation, that adequate budget is made for training of Facilitators and Oversight Consultants based on a training plan agreed in writing between the World Bank and the Recipient. The Recipient shall ensure that the Facilitators responsible for Sub-projects shall provide facilitation services until such Sub-projects are completed. The PMD Secretariat shall make available to the public through its website and in hard copy at its office, at all times until completion of the Project, free of charge, a list of each Project Kecamatan, amounts of Kecamatan Grants and the Project Manual. The Recipient, through the PMD Secretariat will coordinate with and ensure that Provincial and Kabupaten Satkers arrange for the public disclosure of complaints and cases related to the Project, if any, and their handling and resolution, including through media sources and on the PNPM website. The PMD Secretariat shall ensure that the relevant Xxxxx and Bupati in each Project Kecamatan and Project Kabupaten shall make publicly available in a manner acceptable to the Recipient and the World Bank for each year of Project implementation by January 15 of the subsequent year, the results of Project implementation and accounts for funds used during such year. The Recipient shall ensure that, except as the World Bank and the Recipient shall otherwise agree, auditing activities under the Project, including those referred to in Section II.B of this Schedule, are carried out in accordance with: (a) BPKP’s audit manual, dated December 19, 2008, as such manual may be amended from time to time with the prior written agreement of the World Bank and subject to its continued acceptability to the World Bank; and (b) in accordance with terms of reference agreed in writing between the Recipient and the World Bank. With respect to PNPM rural sub-projects financed from sources other than the Grant, including PNPM rural sub-projects for which Facilitators are financed by the Project but the PNPM rural sub-projects are themselves financed from such other sources, the PMD Secretariat shall: undertake such sub-projects in accordance with the Project Manual; and retain responsibility for the design, construction, fiduciary controls and implementation of such sub-projects. In the event of any conflict between the provisions of the Project Manual or any supplemental manual and the provisions of this Agreement, the latter shall prevail.

Appears in 1 contract

Samples: Grant Agreement

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Implementation Arrangements. The Recipient shall, through MPW: ensure that the PMD: apply Project is implemented in the implementation of the Projectaccordance with, a Project Manual and supplemental Disaster Management Manual, acceptable to the World Bank Recipient and the RecipientWorld Bank, giving details which shall include the description of: (i) implementation arrangements; (ii) the procurement procedures as set forth in Section III of this Schedule 2 and standard procurement documentation; (iii) reporting requirements, financial management procedures and audit procedures as set forth in Section II.B II of this ScheduleSchedule 2; (iv) project the Project performance indicators; (v) the Environmental Management Framework, Guidelines and the environmental criteria applicable to Sub-project design including environmental impact mitigation; (vi) the Isolated and Vulnerable Peoples Framework, and ; (vii) the Land Acquisition and Resettlement Framework, including the technical guidelines for implementation of such frameworks; (viviii) Eligibility Criteria for the selection of Sub-projects and the terms and conditions of governing the Kecamatan Grants and Local Government Participation, including the terms and conditions set forth in the Annex 1 to this ScheduleBetter Governance Action Plan; (viiix) maintenance provisions for works to be carried out under a Sub-project; and (viiix) the Better Governance Action Plan; adopt, prior to criteria for the commencement selection of Sub-project selection for any Pilot and Special Program or Sub-project for a natural disaster, emergency or catastrophic event under Part 1(a)(v) of the Project, a Supplemental Manual, acceptable to the Recipient and the World Bankprojects, as necessary to well as the terms and conditions governing the Disaster Management Kelurahan Grants and Local Government Participation meeting the requirements set out in Annex 1 to this Schedule; (xi) the Operational Guidelines for Monitoring and Evaluation of PNPM; and (xii) criteria and implementation arrangement unique to such Pilot and Special Programfor operation of Revolving Funds; not amend, suspend, abrogate, repeal or waive any provisions of the Project Manual or any Supplemental supplemental Disaster Management Manual without the prior written agreement of the World Bank and the Recipient; ensure that the Project Manual, and each Supplemental supplemental Disaster Management Manual, as applicable, is made available, at all times until completion of the Project, to each Local Government and all Oversight Consultants and Facilitators, and applied in the carrying out of Sub-projects; and with the prior written agreement of the World Bank, update the Project Manual, and each Supplemental supplemental Disaster Management Manual, as necessary, at all times ensuring compliance thereof with the terms of this Agreement. For the purposes of providing Kecamatan Kelurahan Grants to Beneficiaries under the Project, the Recipient shall only submit an application for withdrawal of the proceeds of the Grant Loan allocated to Category (1) in the Table in Section IV.A of this Schedule to finance Sub-projects prepared and selected in accordance with the Eligibility Criteria criteria set forth in Annex 1 to this Schedule, the Project Manual, and any applicable Supplemental Manual. The Recipient shall ensure that Facilitators are contracted, trained and mobilized by no later than April 30 in each year of Project implementation in accordance with the Project Manual. The Recipient, through PMD, shall ensure that, prior to carrying out Sub-project works, the technical Facilitators shall have completed a technical review of each Sub-project in accordance with the Project Manual and the requirements of Annex 1 to this Schedule. The Recipient shall ensure that the applicable Kabupaten Satker shall retain records of each such review. The Recipient shall ensure that, prior to undertaking any activities under Part 1(a)(v) of the Project with respect to any natural disaster, emergency or catastrophic event, (a) the World Bank and the Recipient have agreed in writing that a disaster, emergency and/or catastrophic event requiring support for such activities has occurred; and (b) the World Bank and the Recipient have adopted a Supplemental Manual, if necessary, which defines the scope of such activities, and their implementation and disbursement arrangements. The Recipient, through PMD, shall ensure, on an annual basis during Project implementation, that adequate budget is made for training of Facilitators and Oversight Consultants based on a training plan agreed in writing between the World Bank and the Recipient. The Recipient shall ensure that the Facilitators responsible for Sub-projects shall provide facilitation services until such Sub-projects are completed. The PMD Secretariat shall make available to the public through its website and in hard copy at its office, at all times until completion of the Project, free of charge, a list of each Project Kecamatan, amounts of Kecamatan Grants Schedule and the Project Manual. The Recipient, through the PMD Secretariat will coordinate with and ensure that Provincial and Kabupaten Satkers arrange for the public disclosure In carrying out Part 2 of complaints and cases related to the Project, if any, and their handling and resolution, including through media sources and on the PNPM website. The PMD Secretariat Recipient shall ensure that prior to participating in the relevant Xxxxx and Bupati Project, a Participating Local Government has: agreed to carry out activities under the Project in each Project Kecamatan and Project Kabupaten shall make publicly available in a manner accordance with procedures acceptable to the Recipient and the World Bank for each year of Project implementation by January 15 of the subsequent year, the results of Project implementation and accounts for funds used during such year. The Recipient shall ensure that, except as the World Bank and the Recipient shall otherwise agree, auditing activities under the Project, including those referred to included in Section II.B of this Schedule, are carried out in accordance with: (a) BPKP’s audit manual, dated December 19, 2008, as such manual may be amended from time to time with the prior written agreement of the World Bank and subject to its continued acceptability to the World Bank; and (b) in accordance with terms of reference agreed in writing between the Recipient and the World Bank. With respect to PNPM rural sub-projects financed from sources other than the Grant, including PNPM rural sub-projects for which Facilitators are financed by the Project but the PNPM rural sub-projects are themselves financed from such other sources, the PMD Secretariat shall: undertake such sub-projects in accordance with the Project Manual; and retain responsibility for the design, construction, fiduciary controls and implementation of such sub-projects. In the event of any conflict between the provisions of the Project Manual or any supplemental manual and the provisions of this Agreement, the latter shall prevail.;

Appears in 1 contract

Samples: Grant Agreement

Implementation Arrangements. The Recipient shall, through the PMD: apply in the implementation of the Project, a Project Manual acceptable to the World Bank and the Recipient, giving details of: (i) implementation arrangements; (ii) procurement procedures as set forth in Section III of this Schedule and standard procurement documentation; (iii) reporting requirements, financial management procedures and audit procedures as set forth in Section II.B of this Schedule; (iv) project performance indicators; (v) the Environmental Management Framework, the Isolated and Vulnerable Peoples Framework, and the Land Acquisition and Resettlement Framework, including the technical guidelines for implementation of such frameworks; (vi) Eligibility Criteria for the selection of Sub-projects and the terms and conditions of governing the Disaster Management Kecamatan Grants and Local Government Participation, including the terms and conditions set forth in the Annex 1 to this Schedule; (vii) maintenance provisions for works to be carried out under a Sub-project; and (viii) the Better Governance Action Plan; adopt, prior to apply the commencement of Sub-project selection supplemental Disaster Management Manual which includes guidelines for any Pilot and Special Program or Sub-project for a natural disaster, emergency or catastrophic event under Part 1(a)(v) implementation of the Project, a Supplemental ManualDisaster Management Implementation Guidelines for Environmental and Social Safeguards, acceptable to the Recipient and the World Bank, as necessary to set out criteria and implementation arrangement unique to such Pilot and Special Programthe Project; not amend, suspend, abrogate, repeal or waive any provisions of the Project Manual or any Supplemental supplemental Disaster Management Manual without the prior written agreement of the World Bank and the Recipient; ensure that the Project Manual, and each Supplemental supplemental Disaster Management Manual, as applicable, is made available, at all times until completion of the Project, to each Local Government and all Oversight Consultants and Facilitators, and applied in the carrying out of Sub-projects; and with the prior written agreement of the World Bank, update the Project Manual, and each Supplemental supplemental Disaster Management Manual, as necessary, at all times ensuring compliance thereof with the terms of this Agreement. For the purposes of providing Disaster Management Kecamatan Grants to Beneficiaries under the Project, the Recipient shall only submit an application for withdrawal of the proceeds of the Grant allocated to Category (1) in the Table in Section IV.A of this Schedule to finance Sub-projects prepared and selected in accordance with the Eligibility Criteria set forth in Annex 1 to this Schedule, the Project Manual, and any applicable Supplemental supplemental Disaster Management Manual. The Recipient shall ensure that Facilitators are contracted, trained and mobilized by no later than April 30 in each year of Project implementation in accordance with the Project Manual. The Recipient, through PMD, shall ensure that, prior to carrying out Sub-project works, the technical Facilitators shall have completed a technical review of each Sub-project in accordance with the Project Manual and supplemental Disaster Management Manual and the requirements of Annex 1 to this Schedule. The Recipient shall ensure that the applicable Kabupaten Satker shall retain records of each such review. The Recipient shall ensure that, prior to undertaking any activities under Part 1(a)(v) of the Project with respect to any natural disaster, emergency or catastrophic event, (a) the World Bank and the Recipient have agreed in writing that a disaster, emergency and/or catastrophic event requiring support for such activities has occurred; and (b) the World Bank and the Recipient have adopted a Supplemental Manual, if necessary, which defines the scope of such activities, and their implementation and disbursement arrangements. The Recipient, through PMD, shall ensure, on an annual basis during Project implementation, that adequate budget is made for training of Facilitators and Oversight Consultants based on a training plan agreed in writing between the World Bank and the Recipient. The Recipient shall ensure that the Facilitators responsible for Sub-projects shall provide facilitation services until such Sub-projects are completed. The Recipient and the World Bank shall agree, by no later than June 30 in each year of Project implementation, commencing on the first June 30 to occur after the Effective Date, on the list with each Project Kecamatan, which will be eligible for Sub-projects for the upcoming calendar year. The PMD Secretariat shall make available to the public through its website and in hard copy at its office, at all times until completion of the Project, free of charge, a list of each Project Kecamatan, amounts of Disaster Management Kecamatan Grants and the Project Manual and supplemental Disaster Management Manual. The Recipient, through the PMD Secretariat will coordinate with and ensure that Provincial and Kabupaten Satkers arrange for the public disclosure of complaints and cases related to the Project, if any, and their handling and resolution, including through media sources and on the PNPM website. The PMD Secretariat shall ensure that the relevant Xxxxx and Bupati in each Project Kecamatan and Project Kabupaten shall make publicly available in a manner acceptable to the Recipient and the World Bank for each year of Project implementation by January 15 of the subsequent year, the results of Project implementation and accounts for funds used during such year. The Recipient shall ensure that, except as the World Bank and the Recipient shall otherwise agree, auditing activities under the Project, including those referred to in Section II.B of this Schedule, are carried out in accordance with: (a) BPKP’s audit manual, dated December 19, 2008, as such manual may be amended from time to time with the prior written agreement of the World Bank and subject to its continued acceptability to the World Bank; and (b) in accordance with terms of reference agreed in writing between the Recipient and the World Bank. With respect to PNPM rural sub-projects financed from sources other than the Grant, including PNPM rural sub-projects for which Facilitators are financed by the Project but the PNPM rural sub-projects are themselves financed from such other sources, the PMD Secretariat shall: undertake such sub-projects in accordance with the Project Manual; and retain responsibility for the design, construction, fiduciary controls and implementation of such sub-projects. Identification of Affected Areas. The Recipient and the World Bank, with concurrence from the Joint Management Committee of the PSF, may from time to time designate in writing areas as Affected Areas qualifying for support from the Project. The Recipient shall ensure that all Affected Areas shall be designated in the Project Operational Manual. In the event of any conflict between the provisions of the Project Manual or any the supplemental manual Disaster Management Manual and the provisions of this Agreement, the latter shall prevail.

Appears in 1 contract

Samples: Grant Agreement

Implementation Arrangements. 1. The Recipient Borrower shall, through the PMD: apply : (a) implement the Project in the implementation of the Projectaccordance with Operations Manual, a Project Manual including all annexes and supplements thereto, acceptable to the World Bank and the RecipientBorrower, giving details of: (i) implementation arrangements; ; (ii) procurement procedures as set forth in Section III of this Schedule and standard procurement documentation; (iii) reporting requirements, financial management procedures and audit procedures as set forth in Section II.B of this Schedule; (iv) project performance indicators; (v) the Implementation Guidelines on Social and Environmental Management FrameworkSafeguards, which constitutes a supplement to the Isolated and Vulnerable Peoples Framework, and the Land Acquisition and Resettlement Framework, including the technical guidelines for implementation of such frameworksOperations Manual; (vi) Eligibility Criteria for the selection of Sub-projects and the terms and conditions of governing the Kecamatan Grants and Local Government Participation, including the terms and conditions set forth in the Annex 1 to this Schedule; (vii) maintenance provisions for works to be carried out under a Sub-project; and (viii) the Better Governance Action Plan; (ix) the Management Information System description and procedures; and (x) the Complaints Handling System description and procedures; (b) adopt, prior to the commencement of Sub-project selection for any Pilot and Special Program or Sub-project, and thereafter implement such Sub- project for in accordance with a Supplemental Manual, acceptable to the Borrower and the Bank, as necessary to set out the incremental scope of activities, eligibility criteria, implementation arrangements and disbursement mechanisms; (c) adopt, prior to the Borrower undertaking any activities under Part 1(a)(v) of the Project with respect to any natural disaster, emergency or catastrophic event under Part 1(a)(v) of the Project, a Supplemental Manual, acceptable to the Recipient and the World Bank, as necessary to set out criteria the incremental scope of activities, eligibility criteria, implementation arrangements and implementation arrangement unique to such Pilot and Special Program; disbursement mechanisms; (d) not amend, suspend, abrogate, repeal or waive any provisions of the Project Operations Manual or any Supplemental Manual without the prior written agreement of the World Bank and the Recipient; Borrower; (e) ensure that the Project ManualOperations Manual including all annexes and supplements thereto, and each Supplemental Manual, as applicable, is made available, at all times until completion of the Project, to each Local Government and all National Management Consultants, Regional Management Consultants, Oversight Consultants and Facilitators, and applied in the carrying out of Sub-projects; and and (f) with the prior written agreement of the World Bank, update the Project Operations Manual, and each Supplemental Manual, as necessary, at all times ensuring compliance thereof with the terms of this Agreement. 2. For In the purposes event of providing Kecamatan Grants to Beneficiaries under any conflict between the Projectprovisions of the Operations Manual or any Supplemental Manual and the provisions of this Agreement, the Recipient latter shall only submit an application for withdrawal of the proceeds of the Grant allocated to Category (1) in the Table in Section IV.A of this Schedule to finance Sub-projects prepared and selected in accordance with the Eligibility Criteria set forth in Annex 1 to this Schedule, the Project Manual, and any applicable Supplemental Manualprevail. 3. The Recipient shall ensure that Facilitators are contracted, trained and mobilized by no later than April 30 in each year of Project implementation in accordance with the Project Manual. The RecipientBorrower, through PMD, shall ensure that, prior to carrying out Sub-project works, the technical Facilitators shall have completed a technical review of each Sub-project in accordance with the Project Manual and the requirements of Annex 1 to this Schedule. The Recipient shall ensure that the applicable Kabupaten Satker shall retain records of each such review. The Recipient shall ensure that, prior to Borrower undertaking any activities under Part 1(a)(v) of the Project with respect to any natural disaster, emergency or catastrophic event, (a) the World Bank and the Recipient Borrower have agreed in writing that a disaster, emergency and/or catastrophic event requiring support for such activities has occurred; and (b) the World Bank and the Recipient have adopted a Supplemental Manual, if necessary, which defines the scope of such activities, and their implementation and disbursement arrangements. 4. The RecipientBorrower, through PMD, shall ensureensure that only Sub-projects prepared, on an annual basis selected and implemented in accordance with the Eligibility Criteria and the terms and conditions for Sub-Projects and Kecamatan Grants set forth in Annex 1 to this Schedule 2, the Operations Manual, and any applicable Supplemental Manual shall be financed out of the proceeds of the Loan. 5. The Borrower, through PMD, shall ensure that: (a) Facilitators are assigned and trained by no later than April 30 in each year of Project implementation in accordance with the Operations Manual; (b) during Project implementation, that adequate budget is made for training of Facilitators and Oversight Consultants based on a training plan agreed in writing between the World Bank and the RecipientBorrower; and (c) prior to the commencement of each Sub-project, the technical Facilitator(s) for the Kabupaten or Kecamatan of the Beneficiaries responsible for such Sub-Project shall have completed a technical review of each such Sub-project in accordance with the Operations Manual and Supplemental Manual, as applicable, and the requirements of Annex 1 to this Schedule 2. The Recipient Borrower, through PMD, shall ensure that the Facilitators responsible for Sub-projects applicable Kabupaten Satker shall provide facilitation services until retain records of each such Sub-projects are completedreview. 6. The PMD Secretariat Borrower, through PMD, shall, during implementation of the Project, continue to develop an updated Management Information System based on performance indicators and control data agreed in writing between the Borrower and the Bank. 7. The Borrower, through PMD, shall make ensure that a list of Project Kecamatan, a list of amounts of each Kecamatan Grant and the Operations Manual are made available to the public through its website and in hard copy at its officethe PNPM Website, at all times until completion of the Project, free of charge, a list of each Project Kecamatan, amounts of Kecamatan Grants and the Project Manual. 8. The RecipientBorrower, through the PMD Secretariat will coordinate with and ensure that Provincial and Kabupaten Satkers arrange for the public disclosure of complaints and cases related to the ProjectPMD, if any, and their handling and resolution, including through media sources and on the PNPM website. The PMD Secretariat shall ensure that the relevant Xxxxx and Bupati in each Project Kecamatan and Project Kabupaten shall make publicly available in a manner acceptable to the Recipient Borrower and the World Bank for each year of Project implementation by January 15 of the subsequent year, a report on the results of Project implementation and accounts for funds used during such year. 9. The Recipient Borrower, through PMD, shall ensure that, except as the World Bank and the Recipient shall otherwise agree, auditing activities under the Project, including those : (a) all annual audit reports referred to in Section II.B of this ScheduleSchedule 2, are carried out including Kabupaten audit reports, shall be published on the PNPM Website by no later than September 30 in accordance with: (a) BPKP’s audit manual, dated December 19, 2008, as such manual may be amended from time to time with each year of Project implementation for the prior written agreement of the World Bank and subject to its continued acceptability to the World Bank; and (b) in accordance with terms of reference agreed in writing between the Recipient and the World Bank. With respect to PNPM rural sub-projects financed from sources other than the Grantyear annual audit reports, including PNPM rural sub-projects for which Facilitators are financed by the Project but the PNPM rural sub-projects are themselves financed from such other sourcescommencing on September 30, the PMD Secretariat shall: undertake such sub-projects in accordance with the Project Manual; and retain responsibility 2011 for the design, construction, fiduciary controls and implementation of such sub-projects. In the event of any conflict between the provisions of the Project Manual or any supplemental manual and the provisions of this Agreement, the latter shall prevail.2010 annual audit reports; and

Appears in 1 contract

Samples: Loan Agreement

Implementation Arrangements. 1. The Recipient shall, through the PMD: : (a) apply in the implementation of the Project, a Project Manual acceptable to the World Bank and the Recipient, giving details of: (i) implementation arrangements; (ii) procurement procedures as set forth in Section III of this Schedule and standard procurement documentation; (iii) reporting requirements, financial management procedures and audit procedures as set forth in Section II.B of this Schedule; (iv) project performance indicators; (v) the Environmental Management Framework, the Isolated and Vulnerable Peoples Framework, and the Land Acquisition and Resettlement Framework, including the technical guidelines for implementation of such frameworks; (vi) Eligibility Criteria for the selection of Sub-projects and the terms and conditions of governing the Kecamatan Grants and Local Government Participation, including the terms and conditions set forth in the Annex 1 to this Schedule; (vii) maintenance provisions for works to be carried out under a Sub-Sub- project; and (viii) the Better Governance Action Plan; ; (b) adopt, prior to the commencement of Sub-project selection for any Pilot and Special Program or Sub-project for a natural disaster, emergency or catastrophic event under Part 1(a)(v) of the Project, a Supplemental Manual, acceptable to the Recipient and the World Bank, as necessary to set out criteria and implementation arrangement unique to such Pilot and Special Program; ; (c) not amend, suspend, abrogate, repeal or waive any provisions of the Project Manual or any Supplemental Manual without the prior written agreement of the World Bank and the Recipient; ; (d) ensure that the Project Manual, and each Supplemental Manual, as applicable, is made available, at all times until completion of the Project, to each Local Government and all Oversight Consultants and Facilitators, and applied in the carrying out of Sub-projects; and and (e) with the prior written agreement of the World Bank, update the Project Manual, and each Supplemental Manual, as necessary, at all times ensuring compliance thereof with the terms of this Agreement. 2. For the purposes of providing Kecamatan Grants to Beneficiaries under the Project, the Recipient shall only submit an application for withdrawal of the proceeds of the Grant allocated to Category (1) in the Table in Section IV.A of this Schedule to finance Sub-Sub- projects prepared and selected in accordance with the Eligibility Criteria set forth in Annex 1 to this Schedule, the Project Manual, and any applicable Supplemental Manual. 3. The Recipient shall ensure that Facilitators are contracted, trained and mobilized by no later than April 30 in each year of Project implementation in accordance with the Project Manual. 4. The Recipient, through PMD, shall ensure that, prior to carrying out Sub-project works, the technical Facilitators shall have completed a technical review of each Sub-project in accordance with the Project Manual and the requirements of Annex 1 to this Schedule. The Recipient shall ensure that the applicable Kabupaten Satker shall retain records of each such review. 5. The Recipient shall ensure that, prior to undertaking any activities under Part 1(a)(v) of the Project with respect to any natural disaster, emergency or catastrophic event, (a) the World Bank and the Recipient have agreed in writing that a disaster, emergency and/or catastrophic event requiring support for such activities has occurred; and (b) the World Bank and the Recipient have adopted a Supplemental Manual, if necessary, which defines the scope of such activities, and their implementation and disbursement arrangements. 6. The Recipient, through PMD, shall ensure, on an annual basis during Project implementation, that adequate budget is made for training of Facilitators and Oversight Consultants based on a training plan agreed in writing between the World Bank and the Recipient. The Recipient shall ensure that the Facilitators responsible for Sub-projects shall provide facilitation services until such Sub-projects are completed. 7. The PMD Secretariat shall make available to the public through its website and in hard copy at its office, at all times until completion of the Project, free of charge, a list of each Project Kecamatan, amounts of Kecamatan Grants and the Project Manual. 8. The Recipient, through the PMD Secretariat will coordinate with and ensure that Provincial and Kabupaten Satkers arrange for the public disclosure of complaints and cases related to the Project, if any, and their handling and resolution, including through media sources and on the PNPM website. 9. The PMD Secretariat shall ensure that the relevant Xxxxx and Bupati in each Project Kecamatan and Project Kabupaten shall make publicly available in a manner acceptable to the Recipient and the World Bank for each year of Project implementation by January 15 of the subsequent year, the results of Project implementation and accounts for funds used during such year. 10. The Recipient shall ensure that, except as the World Bank and the Recipient shall otherwise agree, auditing activities under the Project, including those referred to in Section II.B of this Schedule, are carried out in accordance with: (a) BPKP’s audit manual, dated December 19, 2008, as such manual may be amended from time to time with the prior written agreement of the World Bank and subject to its continued acceptability to the World Bank; and (b) in accordance with terms of reference agreed in writing between the Recipient and the World Bank. 11. With respect to PNPM rural sub-projects financed from sources other than the Grant, including PNPM rural sub-projects for which Facilitators are financed by the Project but the PNPM rural sub-projects are themselves financed from such other sources, the PMD Secretariat shall: : (i) undertake such sub-projects in accordance with the Project Manual; and and (ii) retain responsibility for the design, construction, fiduciary controls and implementation of such sub-projects. 12. In the event of any conflict between the provisions of the Project Manual or any supplemental manual and the provisions of this Agreement, the latter shall prevail.

Appears in 1 contract

Samples: Grant Agreement

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Implementation Arrangements. The Recipient shallBorrower, through MPW, shall: (a) adopt and, thereafter ensure that the PMD: apply Project is implemented in the implementation of the Projectaccordance with, a Project Manual Manual, acceptable to the World Bank and Bank, which shall include the Recipient, giving details description of: (i) implementation arrangements; (ii) the procurement procedures as set forth in Section III of this Schedule 2 and standard procurement documentation; (iii) reporting requirements, financial management procedures and audit procedures as set forth in Section II.B II of this ScheduleSchedule 2; (iv) project the Project performance indicators; (v) the Environmental Management Framework, Guidelines and the environmental criteria applicable to Sub-project design including environmental impact mitigation; the Isolated and Vulnerable Peoples Framework, ; and the Land Acquisition and Resettlement Framework, including the technical guidelines for implementation of such frameworks; (vi) Eligibility Criteria for the selection of Sub-projects and the terms and conditions of governing the Kecamatan Grants and Local Government Participation, including the terms and conditions set forth in the Annex 1 to this ScheduleBetter Governance Action Plan; (vii) maintenance provisions for works to be carried out under a Sub-project; and (viii) the Better Governance Action Plan; adopt, prior to criteria for the commencement selection of Sub-project selection for any Pilot and Special Program or Sub-project for a natural disaster, emergency or catastrophic event under Part 1(a)(v) of the Project, a Supplemental Manual, acceptable to the Recipient and the World Bankprojects, as necessary to well as the terms and conditions governing the Kelurahan Grants and Local Government Participation meeting the requirements set out in Annex 1 to this Schedule; (ix) the Operational Guidelines for Monitoring and Evaluation of PNPM; and (x) criteria and implementation arrangement unique to such Pilot and Special Program; for operation of Revolving Funds; (b) not amend, suspend, abrogate, repeal or waive any provisions of the Project Manual or any Supplemental Manual without the prior written n agreement of the World Bank Borrower and the Recipient; Bank; (c) ensure that the Project Manual, and each Supplemental Manual, as applicable, Manual is made available, at all times until completion of the Project, to each Local Government and all Oversight Consultants and FacilitatorsFacilitators and Participating Kelurahans, and applied in the carrying out of Sub-projects; and and (d) with the prior written agreement of the World Borrower and the Bank, update the Project Manual, and each Supplemental Manual, as necessary, at all times ensuring compliance thereof with the terms of this Agreement. For the purposes of providing Kecamatan Kelurahan Grants to Beneficiaries under the Project, the Recipient Borrower shall only submit an application for withdrawal of the proceeds of the Grant Loan allocated to Category (1) in the Table in Section IV.A of this Schedule to finance Sub-projects prepared and selected in accordance with the Eligibility Criteria criteria set forth in Annex 1 to this Schedule, Schedule and the Project Manual. In carrying out Part 2 of the Project, and any applicable Supplemental Manual. The Recipient the Borrower shall ensure that Facilitators are contractedprior to participating in the Project, trained a Participating Local Government has: (a) agreed in writing to carry out activities under the Project in accordance with procedures acceptable to the Bank and mobilized by no later than April 30 included in each year the Project Manual; (b) taken all steps required to make available the Local Government Participation; and (c) published a list of Project implementation Kelurahans in accordance with the criteria set out in the Project Manual. The RecipientIn carrying out Part 2 of the Project, through PMD, the Borrower shall ensure that, prior to carrying participating in the Project, a Participating Kelurahan has: (a) agreed in writing to carry out Sub-project works, activities under the technical Facilitators shall have completed a technical review of each Sub-project Project in accordance with procedures acceptable to the Bank and the Borrower and included in Project Manual; (b) established, through the BKM, a Project office for purposes of Project coordination and disbursement of Kelurahan Grants; (c) adopted, through the BKM, a Community Development Plan, or revised, through the BKM, a previous Community Development Plan meeting the requirements set out in the Project Manual and identifying each Sub-project; and (d) entered into a Sub-project Agreement for the requirements of Sub-project on the terms and conditions set forth in Annex 1 to this ScheduleSchedule 2. The Recipient Borrower shall ensure that, for purposes of Part 2(b) of the Project, a Participating Kelurahan shall only finance Sub-projects through a Revolving Fund if the BKM proposed to receive such Revolving Fund meets the criteria for establishment and operation of a Revolving Fund set out in the Project Manual, including with respect to BKMs that have previously managed revolving funds, that they have a repayment rate meeting the applicable Kabupaten Satker shall retain records of each such reviewrequirements set out in the Project Manual. The Recipient Borrower shall ensure that, prior to undertaking any activities under Part 1(a)(v) 4 of the Project with respect to any natural disaster, emergency or catastrophic event, Project: (a) the World Bank and the Recipient Borrower have agreed in writing that a disaster, emergency and/or catastrophic event requiring support for such activities has occurred; and (b) the World Bank and the Recipient Borrower have entered into a written arrangement and/or the Borrower has adopted a Supplemental supplement to the Project Manual, if necessary, satisfactory to the Bank which defines the scope of such activities, and their implementation and disbursement arrangements. The Recipient, through PMD, Borrower shall ensure, on an annual basis during Project implementationat all times, that adequate budget is made public information, for training the purpose of Facilitators disclosing to inhabitants of Participating Kelurahans all administrative, financial, environmental, social, procedural and Oversight Consultants based on a training plan agreed in writing between technical aspects pertaining to the World Bank selection, design, preparation and the Recipient. The Recipient shall ensure that the Facilitators responsible for implementation of Sub-projects shall provide facilitation services until such Sub-projects are completed. The PMD Secretariat shall make available to the public through its website and in hard copy at its officeprojects, at all times until completion of the Project, free of charge, a list of each Project Kecamatan, amounts of Kecamatan Grants and including the Project Manual, is available free of charge at the government offices of the respective Participating Kelurahan and Participating Local Government. The RecipientBorrower, through the PMD Secretariat will coordinate with and ensure that Provincial and Kabupaten Satkers arrange for PMU (Satker), shall, by the public disclosure of complaints and cases related to date which is no later than three (3) months after the ProjectEffective Date, if anyissue instructions or issue an updated Project Manual, and their handling and resolution, including through media sources and on the PNPM website. The PMD Secretariat shall ensure that the relevant Xxxxx and Bupati in each Project Kecamatan and Project Kabupaten shall make publicly available in a manner acceptable to the Recipient PMU (Satker) and the World Bank for each year Bank, to Local Governments of Project implementation by January 15 Participating Kabupaten and Participating Kota, and to Provincial governments and to relevant stakeholders defining time periods within which categories of complaints/cases must be resolved, to whom they should be escalated if not resolved within such time periods and what the subsequent year, the results of Project implementation and accounts for funds used during consequences will be if such yearcases are not resolved or escalated in accordance with such instructions. The Recipient Borrower shall ensure that, except as the World Bank and the Recipient Borrower shall otherwise agree, auditing activities under the Project, including those referred to in Section II.B of this Schedule, are carried out in accordance with: (a) BPKP’s audit manual, dated December 19November 30, 20082007, as such manual may be amended from time to time with the prior written agreement of the World Bank and subject to its continued acceptability to the World Bank; and (b) in accordance with terms of reference agreed in writing between with the Recipient and the World Bank. With respect to PNPM rural urban sub-projects financed from sources other than the GrantLoan, including PNPM rural urban sub-projects for which Facilitators are financed by the Project but the PNPM rural urban sub-projects are themselves financed from such other sources, the PMD Secretariat PMU (Satker) shall: undertake such sub-projects in accordance with the Project Manual; and retain responsibility for the design, construction, fiduciary controls and implementation of such sub-projects. In the event of any conflict between the provisions of the Project Manual or any supplemental manual and the provisions of this Agreement, the latter shall prevail.

Appears in 1 contract

Samples: Loan Agreement

Implementation Arrangements. 1. The Recipient shall, through the PMD: : (a) apply in the implementation of the Project, a Project Manual acceptable to the World Bank and the Recipient, giving details of: (i) implementation arrangements; (ii) procurement procedures as set forth in Section III of this Schedule and standard procurement documentation; (iii) reporting requirements, financial management procedures and audit procedures as set forth in Section II.B of this Schedule; (iv) project performance indicators; (v) the Environmental Management Framework, the Isolated and Vulnerable Peoples Framework, and the Land Acquisition and Resettlement Framework, including the technical guidelines for implementation of such frameworks; (vi) Eligibility Criteria for the selection of Sub-projects and the terms and conditions of governing the Disaster Management Kecamatan Grants and Local Government Participation, including the terms and conditions set forth in the Annex 1 to this Schedule; (vii) maintenance provisions for works to be carried out under a Sub-project; and (viii) the Better Governance Action Plan; adopt, prior to ; (b) apply the commencement of Sub-project selection supplemental Disaster Management Manual which includes guidelines for any Pilot and Special Program or Sub-project for a natural disaster, emergency or catastrophic event under Part 1(a)(v) implementation of the Project, a Supplemental ManualDisaster Management Implementation Guidelines for Environmental and Social Safeguards, acceptable to the Recipient and the World Bank, as necessary to set out criteria and implementation arrangement unique to such Pilot and Special Program; the Project; (c) not amend, suspend, abrogate, repeal or waive any provisions of the Project Manual or any Supplemental supplemental Disaster Management Manual without the prior written agreement of the World Bank and the Recipient; ; (d) ensure that the Project Manual, and each Supplemental supplemental Disaster Management Manual, as applicable, is made available, at all times until completion of the Project, to each Local Government and all Oversight Consultants and Facilitators, and applied in the carrying out of Sub-projects; and and (e) with the prior written agreement of the World Bank, update the Project Manual, and each Supplemental supplemental Disaster Management Manual, as necessary, at all times ensuring compliance thereof with the terms of this Agreement. 2. For the purposes of providing Disaster Management Kecamatan Grants to Beneficiaries under the Project, the Recipient shall only submit an application for withdrawal of the proceeds of the Grant allocated to Category (1) in the Table in Section IV.A of this Schedule to finance Sub-projects prepared and selected in accordance with the Eligibility Criteria set forth in Annex 1 to this Schedule, the Project Manual, and any applicable Supplemental supplemental Disaster Management Manual. 3. The Recipient shall ensure that Facilitators are contracted, trained and mobilized by no later than April 30 in each year of Project implementation in accordance with the Project Manual. 4. The Recipient, through PMD, shall ensure that, prior to carrying out Sub-project works, the technical Facilitators shall have completed a technical review of each Sub-project in accordance with the Project Manual and supplemental Disaster Management Manual and the requirements of Annex 1 to this Schedule. The Recipient shall ensure that the applicable Kabupaten Satker shall retain records of each such review. The Recipient shall ensure that, prior to undertaking any activities under Part 1(a)(v) of the Project with respect to any natural disaster, emergency or catastrophic event, (a) the World Bank and the Recipient have agreed in writing that a disaster, emergency and/or catastrophic event requiring support for such activities has occurred; and (b) the World Bank and the Recipient have adopted a Supplemental Manual, if necessary, which defines the scope of such activities, and their implementation and disbursement arrangements. 5. The Recipient, through PMD, shall ensure, on an annual basis during Project implementation, that adequate budget is made for training of Facilitators and Oversight Consultants based on a training plan agreed in writing between the World Bank and the Recipient. The Recipient shall ensure that the Facilitators responsible for Sub-projects shall provide facilitation services until such Sub- projects are completed. 6. The Recipient and the World Bank shall agree, by no later than June 30 in each year of Project implementation, commencing on the first June 30 to occur after the Effective Date, on the list with each Project Kecamatan, which will be eligible for Sub-projects are completedfor the upcoming calendar year. 7. The PMD Secretariat shall make available to the public through its website and in hard copy at its office, at all times until completion of the Project, free of charge, a list of each Project Kecamatan, amounts of Disaster Management Kecamatan Grants and the Project Manual and supplemental Disaster Management Manual. 8. The Recipient, through the PMD Secretariat will coordinate with and ensure that Provincial and Kabupaten Satkers arrange for the public disclosure of complaints and cases related to the Project, if any, and their handling and resolution, including through media sources and on the PNPM website. 9. The PMD Secretariat shall ensure that the relevant Xxxxx and Bupati in each Project Kecamatan and Project Kabupaten shall make publicly available in a manner acceptable to the Recipient and the World Bank for each year of Project implementation by January 15 of the subsequent year, the results of Project implementation and accounts for funds used during such year. 10. The Recipient shall ensure that, except as the World Bank and the Recipient shall otherwise agree, auditing activities under the Project, including those referred to in Section II.B of this Schedule, are carried out in accordance with: (a) BPKP’s audit manual, dated December 19, 2008, as such manual may be amended from time to time with the prior written agreement of the World Bank and subject to its continued acceptability to the World Bank; and (b) in accordance with terms of reference agreed in writing between the Recipient and the World Bank. 11. With respect to PNPM rural sub-projects financed from sources other than the Grant, including PNPM rural sub-projects for which Facilitators are financed by the Project but the PNPM rural sub-projects are themselves financed from such other sources, the PMD Secretariat shall: : (i) undertake such sub-projects in accordance with the Project Manual; and and (ii) retain responsibility for the design, construction, fiduciary controls and implementation of such sub-projects. In the event of any conflict between the provisions of the Project Manual or any supplemental manual and the provisions of this Agreement, the latter shall prevail.

Appears in 1 contract

Samples: Grant Agreement

Implementation Arrangements. The Recipient Borrower shall, through the PMD: apply implement the Project in the implementation of the Projectaccordance with Operations Manual, a Project Manual including all annexes and supplements thereto, acceptable to the World Bank and the RecipientBorrower, giving details of: (i) implementation arrangements; (ii) procurement procedures as set forth in Section III of this Schedule and standard procurement documentation; (iii) reporting requirements, financial management procedures and audit procedures as set forth in Section II.B of this Schedule; (iv) project performance indicators; (v) the Implementation Guidelines on Social and Environmental Management FrameworkSafeguards, which constitutes a supplement to the Isolated and Vulnerable Peoples Framework, and the Land Acquisition and Resettlement Framework, including the technical guidelines for implementation of such frameworksOperations Manual; (vi) Eligibility Criteria for the selection of Sub-projects and the terms and conditions of governing the Kecamatan Grants and Local Government Participation, including the terms and conditions set forth in the Annex 1 to this Schedule; (vii) maintenance provisions for works to be carried out under a Sub-project; and (viii) the Better Governance Action Plan; (ix) the Management Information System description and procedures; and (x) the Complaints Handling System description and procedures; adopt, prior to the commencement of Sub-project selection for any Pilot and Special Program or Sub-project, and thereafter implement such Sub-project for in accordance with a Supplemental Manual, acceptable to the Borrower and the Bank, as necessary to set out the incremental scope of activities, eligibility criteria, implementation arrangements and disbursement mechanisms; adopt, prior to the Borrower undertaking any activities under Part 1(a)(v) of the Project with respect to any natural disaster, emergency or catastrophic event under Part 1(a)(v) of the Project, a Supplemental Manual, acceptable to the Recipient and the World Bank, as necessary to set out criteria the incremental scope of activities, eligibility criteria, implementation arrangements and implementation arrangement unique to such Pilot and Special Programdisbursement mechanisms; not amend, suspend, abrogate, repeal or waive any provisions of the Project Operations Manual or any Supplemental Manual without the prior written agreement of the World Bank and the RecipientBorrower; ensure that the Project ManualOperations Manual including all annexes and supplements thereto, and each Supplemental Manual, as applicable, is made available, at all times until completion of the Project, to each Local Government and all National Management Consultants, Regional Management Consultants, Oversight Consultants and Facilitators, and applied in the carrying out of Sub-projects; and with the prior written agreement of the World Bank, update the Project Operations Manual, and each Supplemental Manual, as necessary, at all times ensuring compliance thereof with the terms of this Agreement. For In the purposes event of providing Kecamatan Grants to Beneficiaries under any conflict between the Projectprovisions of the Operations Manual or any Supplemental Manual and the provisions of this Agreement, the Recipient latter shall only submit an application for withdrawal of the proceeds of the Grant allocated to Category (1) in the Table in Section IV.A of this Schedule to finance Sub-projects prepared and selected in accordance with the Eligibility Criteria set forth in Annex 1 to this Schedule, the Project Manual, and any applicable Supplemental Manualprevail. The Recipient shall ensure that Facilitators are contracted, trained and mobilized by no later than April 30 in each year of Project implementation in accordance with the Project Manual. The RecipientBorrower, through PMD, shall ensure that, prior to carrying out Sub-project works, the technical Facilitators shall have completed a technical review of each Sub-project in accordance with the Project Manual and the requirements of Annex 1 to this Schedule. The Recipient shall ensure that the applicable Kabupaten Satker shall retain records of each such review. The Recipient shall ensure that, prior to Borrower undertaking any activities under Part 1(a)(v) of the Project with respect to any natural disaster, emergency or catastrophic event, (a) the World Bank and the Recipient Borrower have agreed in writing that a disaster, emergency and/or catastrophic event requiring support for such activities has occurred; and (b) the World Bank and the Recipient have adopted a Supplemental Manual, if necessary, which defines the scope of such activities, and their implementation and disbursement arrangements. The RecipientBorrower, through PMD, shall ensureensure that only Sub-projects prepared, on an annual basis selected and implemented in accordance with the Eligibility Criteria and the terms and conditions for Sub-Projects and Kecamatan Grants set forth in Annex 1 to this Schedule 2, the Operations Manual, and any applicable Supplemental Manual shall be financed out of the proceeds of the Loan. The Borrower, through PMD, shall ensure that: Facilitators are assigned and trained by no later than April 30 in each year of Project implementation in accordance with the Operations Manual; during Project implementation, that adequate budget is made for training of Facilitators and Oversight Consultants based on a training plan agreed in writing between the World Bank and the RecipientBorrower; and prior to the commencement of each Sub-project, the technical Facilitator(s) for the Kabupaten or Kecamatan of the Beneficiaries responsible for such Sub-Project shall have completed a technical review of each such Sub-project in accordance with the Operations Manual and Supplemental Manual, as applicable, and the requirements of Annex 1 to this Schedule 2. The Recipient Borrower, through PMD, shall ensure that the Facilitators responsible for Sub-projects applicable Kabupaten Satker shall provide facilitation services until retain records of each such Sub-projects are completedreview. The PMD Secretariat Borrower, through PMD, shall, during implementation of the Project, continue to develop an updated Management Information System based on performance indicators and control data agreed in writing between the Borrower and the Bank. The Borrower, through PMD, shall make ensure that a list of Project Kecamatan, a list of amounts of each Kecamatan Grant and the Operations Manual are made available to the public through its website and in hard copy at its officethe PNPM Website, at all times until completion of the Project, free of charge, a list of each Project Kecamatan, amounts of Kecamatan Grants and the Project Manual. The RecipientBorrower, through the PMD Secretariat will coordinate with and ensure that Provincial and Kabupaten Satkers arrange for the public disclosure of complaints and cases related to the ProjectPMD, if any, and their handling and resolution, including through media sources and on the PNPM website. The PMD Secretariat shall ensure that the relevant Xxxxx and Bupati in each Project Kecamatan and Project Kabupaten shall make publicly available in a manner acceptable to the Recipient Borrower and the World Bank for each year of Project implementation by January 15 of the subsequent year, a report on the results of Project implementation and accounts for funds used during such year. The Recipient Borrower, through PMD, shall ensure that: (a) all annual audit reports referred to in Section II.B of this Schedule 2, including Kabupaten audit reports, shall be published on the PNPM Website by no later than September 30 in each year of Project implementation for the prior year annual audit reports, commencing on September 30, 2011 for the 2010 annual audit reports; and (b) appropriate action to follow up on any audit findings is taken at the National, Provincial, Kabupaten or Kecamatan level, as applicable, and reported as part of the regular quarterly report and made available on the PNPM Website. The Borrower shall ensure that, except as the World Bank and the Recipient Borrower shall otherwise agree, auditing activities under the Project, including those referred to agree in Section II.B of this Schedule, are carried out in accordance withwriting: (a) BPKP’s BPKP shall carry out a continuous audit manual, dated December 19, 2008, as such manual may be amended from time to time with the prior written agreement of the World Bank and subject to its continued acceptability to the World BankProject in partnership with Local Government inspectorates; and (b) on terms of reference agreed among PMD, BPKP and the Bank, BPKP shall, after PMD has compiled each interim financial report, review such interim financial report for each calendar quarter during Project implementation and shall provide to the Bank its report of each such review not later than forty-five (45) days after the end of each calendar quarter. The Borrower, through PMD, shall ensure that: (a) the Complaints Handling System is operated, maintained and consistently updated throughout Project implementation in accordance with the Operations Manual and terms of reference agreed in writing between the Recipient Borrower and the World Bank. With ; tracking of all active complaints cases is made available on the PNPM Website by no later than September 30, 2011; a service standard and a mechanism for its implementation, acceptable to the Borrower and the Bank, is established by September 30, 2011 by which except as may be otherwise agreed in writing between PMD and the Bank and reflected in the Standard Operating Procedures: with respect to Kecamatan Grants, if a problem related to fraud or corruption (as defined in the Standard Operating Procedures) is reported to the PMD in Jakarta by any Oversight Consultant, Facilitator or official of the Borrower charged with supervising the Project and no appropriate response (as determined by reference to the Standard Operating Procedures) is taken by PMD, by the within thirty (30) days after the report thereof, then the Provincial Coordinator shall ensure that disbursement and transfer of Kecamatan Grant funds is excluded on an interim basis in the location in question until further notice issued by PMD; with respect to any Facilitator, if a problem related to fraud, corruption or a breach of the code of ethics (as defined in the Standard Operating Procedures) is reported to the Provincial Satker and no decision on appropriate action (as determined by reference to the Standard Operating Procedures) is taken by the relevant Satker within thirty (30) days after the report thereof, the Provincial Coordinator shall remove on an interim basis the Facilitator from all duties without pay until a decision is reached by the ethics tribunal (as defined in and operating in accordance with the Standard Operating Procedures) and acted upon by the Provincial Satker which contracted such Facilitator; and these arrangements shall not be construed to waive any rights that the Bank or the Borrower may otherwise have under the terms of this Agreement with respect to the ensuring that the proceeds of the Loan are used for the purposes of the Project and for Eligible Expenditures; and each Provincial Satker and Kabupaten Satker arranges for the local public disclosure of complaints and cases related to the Project, if any, and their handling and resolution. The Borrower shall ensure that all PNPM rural sub-projects financed from sources other than the Grantprojects, including PNPM rural sub-projects for which Facilitators are whether financed by the Project but the PNPM rural sub-projects are themselves financed from such Loan or by other sources, the PMD Secretariat shall: shall undertake such sub-projects in accordance with the Project Operations Manual; and retain responsibility for the design, construction, fiduciary controls and implementation of such sub-projects. In the event of any conflict between the provisions of the Project Manual or any supplemental manual and the provisions of this Agreement, the latter shall prevail.

Appears in 1 contract

Samples: Loan Agreement

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