Common use of Implementation Program Clause in Contracts

Implementation Program. (a) The Borrower shall cause FMOE to maintain NETCOM in form and with functions, staffing and resources satisfactory to the Association. (b) NETCOM shall meet at least once every quarter and its membership shall include the Federal Minister of Education or his representative as chairman, and representatives of FMOE, UBE, Participating States, and participating Federal agencies. (a) The Borrower shall maintain the NPCU, headed by a National Project Coordinator, and include an accountant, internal auditor, a procurement officer, and technical staff, all with qualifications and experience satisfactory to the Association. (b) The NPCU shall be responsible for overall coordination of Project implementation at the Federal level. Staff shall be assigned to the NPCU for the duration of Project implementation and shall not be replaced without informing the Association. (c) The NPCU shall: (i) prepare for the Project, monthly and quarterly financial reports in form and substance satisfactory to the Association; and (ii) promptly thereafter furnish said reports to the Association. (d) The UBE National Coordinator will be responsible for monitoring Project implementation at the State level, and for providing technical assistance with Project management, financial management and procurement. 3. For the purpose of ensuring the proper execution of the Project, the Borrower shall cause each Participating State to maintain: (a) a UBE Advisory Committee; (b) a PCU to coordinate Project implementation in the respective Participating State, headed by a Project coordinator with qualifications and experience satisfactory to the Association, assisted by a project accountant, technical specialists for implementation, a procurement officer, all with qualifications and terms of reference satisfactory to the Association; (c) when a PCU is located in the MOE of a Participating State, an additional PIU may be established in the State Primary Education Board of such Participating State. 4. The Borrower shall implement the Project or cause the Project to be implemented in accordance with the Project Implementation Manual and the Financial Management Manual, and, except as the Association shall otherwise agree, the Borrower shall not amend, abrogate or waive any provision thereof which, in the opinion of the Association, may materially and adversely affect the implementation of the Project or the achievement of the objectives of the Project. 5. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower shall, and shall cause each of the Participating States to: (a) open and maintain accounts in Naira in a commercial bank acceptable to the Association on terms and conditions satisfactory to the Association (the “Project Accounts”); (b) promptly thereafter, make an initial deposit equivalent to $250,000 into the Project Account, and cause each Participating State to make an initial deposit equivalent to $100,000 into said Participating State's Project Account, to finance the Participating State's contribution to the costs of the Project for the first year; (c) thereafter deposit into each such Project Account, on a quarterly basis, the amount required to replenish said Project Account up to the Borrower's and Participating State’s contribution to the costs of the Project; and (d) use the funds in said Project Account exclusively to finance expenditures under the Project and not otherwise financed out of the proceeds of the Credit. 6. The Borrower shall: (a) not later than October 30 in each year, furnish to the Association for review and comments a draft annual work program and training program and supporting budget for the succeeding calendar year for the Federal Government and each Participating State; (b) not later than November 30 in each year: (i) review with the Association the documents referred to in paragraph (a) above; (ii) identify implementation issues and propose appropriate solutions; and (iii) update Project timetables and performance indicators; (c) not later than March 31 in each year, furnish to the Association for its comments and final approval the work program and budgets referred to in paragraph (a) hereof, as such programs and budgets shall have been revised to the satisfaction of the Association in the course of the review referred to in paragraph (b) hereof; and (d) except as the Association shall otherwise agree, carry out the Project in the year in question on the basis of the said work program and budget as so revised. (a) Subprojects shall be selected in accordance with the procedures, guidelines, eligibility criteria and other provisions set forth in detail in the Project Implementation Manual and outlined hereunder. The responsible PCU in a Participating State shall submit summaries of all Subprojects to the Association, including data on any resettlement. Subprojects shall be implemented in accordance with due diligence and efficiency and in accordance with sound administrative, financial, technical and environmental standards; Subprojects shall be carried out in accordance with the following: the calling for proposals for Subprojects to enable schools and communities to present within a specified time-frame assessable project proposals; the collection, collation, and appraisal of proposals for Subprojects at the State and local levels; the forwarding of recommendations on successful proposals through the UBE National Coordinator to the Association; training and familiarization of the local communities on the procedures and other contents of the implementation manual; compensation for any resettlement in accordance with the Resettlement Policy Framework; the release of funds for approved Subprojects in two installments, the second release upon completion of 80% of the Subproject; and the carrying out of a midterm review and final monitoring and evaluation of the Subproject.

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

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Implementation Program. (a) The Borrower shall cause FMOE to maintain NETCOM in form and with functions, staffing and resources satisfactory to the Association. (b) NETCOM shall meet at least once every quarter and its membership shall include the Federal Minister of Education or his representative as chairman, and representatives of FMOE, UBE, Participating States, and participating Federal agencies. (a) The Borrower shall maintain the NPCU, headed by a National Project Coordinator, and include an accountant, internal auditor, a procurement officer, and technical staff, all with qualifications and experience satisfactory to the Association. (b) The NPCU shall be responsible for overall coordination of Project implementation at the Federal level. Staff shall be assigned to the NPCU for the duration of Project implementation and shall not be replaced without informing the Association. (c) The NPCU shall: (i) prepare for the Project, monthly and quarterly financial reports in form and substance satisfactory to the Association; and (ii) promptly thereafter furnish xxxxxxx said reports to the Association. (d) The UBE National Coordinator will be responsible for monitoring Project implementation at the State level, and for providing technical assistance with Project management, financial management and procurement. 3. For the purpose of ensuring the proper execution of the Project, the Borrower shall cause each Participating State to maintain: (a) a UBE Advisory Committee; (b) a PCU to coordinate Project implementation in the respective Participating State, headed by a Project coordinator with qualifications and experience satisfactory to the Association, assisted by a project accountant, technical specialists for implementation, a procurement officer, all with qualifications and terms of reference satisfactory to the Association; (c) when a PCU is located in the MOE of a Participating State, an additional PIU may be established in the State Primary Education Board of such Participating State. 4. The Borrower shall implement the Project or cause the Project to be implemented in accordance with the Project Implementation Manual and the Financial Management Manual, and, except as the Association shall otherwise agree, the Borrower shall not amend, abrogate or waive any provision thereof which, in the opinion of the Association, may materially and adversely affect the implementation of the Project or the achievement of the objectives of the Project. 5. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower shall, and shall cause each of the Participating States to: (a) open and maintain accounts in Naira in a commercial bank acceptable to the Association on terms and conditions satisfactory to the Association (the “Project Accounts”); (b) promptly thereafter, make an initial deposit equivalent to $250,000 into the Project Account, and cause each Participating State to make an initial deposit equivalent to $100,000 into said Participating State's Project Account, to finance the Participating State's contribution to the costs of the Project for the first year; (c) thereafter deposit into each such Project Account, on a quarterly basis, the amount required to replenish said Project Account up to the Borrower's and Participating State’s contribution to the costs of the Project; and (d) use the funds in said Project Account exclusively to finance expenditures under the Project and not otherwise financed out of the proceeds of the Credit. 6. The Borrower shall: (a) not later than October 30 in each year, furnish to the Association for review and comments a draft annual work program and training program and supporting budget for the succeeding calendar year for the Federal Government and each Participating State; (b) not later than November 30 in each year: (i) review with the Association the documents referred to in paragraph (a) above; (ii) identify implementation issues and propose appropriate solutions; and (iii) update Project timetables and performance indicators; (c) not later than March 31 in each year, furnish to the Association for its comments and final approval the work program and budgets referred to in paragraph (a) hereof, as such programs and budgets shall have been revised to the satisfaction of the Association in the course of the review referred to in paragraph (b) hereof; and (d) except as the Association shall otherwise agree, carry out the Project in the year in question on the basis of the said work program and budget as so revised. (a) Subprojects shall be selected in accordance with the procedures, guidelines, eligibility criteria and other provisions set forth in detail in the Project Implementation Manual and outlined hereunder. The responsible PCU in a Participating State shall submit summaries of all Subprojects to the Association, including data on any resettlement. Subprojects shall be implemented in accordance with due diligence and efficiency and in accordance with sound administrative, financial, technical and environmental standards; ; (b) Subprojects shall be carried out in accordance with the following: : (i) the calling for proposals for Subprojects to enable schools and communities to present within a specified time-frame assessable project proposals; ; (ii) the collection, collation, and appraisal of proposals for Subprojects at the State and local levels; ; (iii) the forwarding of recommendations on successful proposals through the UBE National Coordinator to the Association; ; (iv) training and familiarization of the local communities on the procedures and other contents of the implementation manual; ; (v) compensation for any resettlement in accordance with the Resettlement Policy Framework; ; (vi) the release of funds for approved Subprojects in two installments, the second release upon completion of 80% of the Subproject; and and (vii) the carrying out of a midterm review and final monitoring and evaluation of the Subproject. (c) The Participating State and a School Management Committee shall enter into a Subproject Agreement, in form and substance satisfactory to the Association, which shall require the School Management Committee to carry out the Subproject with due diligence and efficiency and in conformity with the following administrative and financial practices: 1. adequate records for the Subproject concerned shall be maintained;

Appears in 2 contracts

Samples: Development Credit Agreement, Development Credit Agreement

Implementation Program. (a) The Borrower shall cause FMOE to maintain NETCOM in form the Steering and with functionsOversight Committee, staffing which shall include the Director General of GES, the Executive Secretary of NCTE, and resources satisfactory to the AssociationChief Director of the MOEYS. (b) NETCOM The Campus Coordinators for TALIF, satisfactory to the Association, shall meet at least once every quarter have assumed their duties within 30 days after the Credit has been declared effective. (c) Those members of the NCTE Board who will serve as members of the TALIF Executive Committee shall have been notified of their appointment within 30 days after the Credit has been declared effective. (d) Core members of the specialized TALIF vetting committees shall have assumed their duties within 60 days after the Credit has been declared effective. (e) MOEYS shall submit to the Association for its review and its membership shall include comments a plan for monitoring and evaluation of the Federal Minister of Education or his representative as chairmanProject and Program, and representatives of FMOE, UBE, Participating States, and participating Federal agencieswithin 90 days after the Credit has been declared effective. (a) The Borrower shall maintain submit to the NPCUAssociation for its review and comments not later than June 1, headed by a National Project Coordinator, and include an accountant, internal auditor2005, a procurement officersustainable and equitable financial strategy for the tertiary education sub-sector, and technical staffincluding public budget, all cost-sharing, scholarship management, a student loan scheme, private contributions, funding formulas, projected internal revenues that is consistent with qualifications and experience satisfactory to the AssociationProjects’ objectives. (b) The NPCU shall be responsible for overall coordination of Project implementation at the Federal level. Staff shall be assigned to the NPCU for the duration of Project implementation and shall not be replaced without informing the Association. (c) The NPCU shall: (i) prepare for the Project, monthly and quarterly financial reports in form and substance satisfactory to the Association; and (ii) promptly thereafter furnish said reports to the Association. (d) The UBE National Coordinator will be responsible for monitoring Project implementation at the State level, and for providing technical assistance with Project management, financial management and procurement. 3. For the purpose of ensuring the proper execution of the ProjectThereafter, the Borrower shall cause each Participating State to maintain: (a) a UBE Advisory Committee; (b) a PCU to coordinate Project implementation implement such financial strategy in the respective Participating Statetertiary education sub-sector, headed by a Project coordinator with qualifications and experience satisfactory to taking the Association, assisted by a project accountant, technical specialists for implementation, a procurement officer, all with qualifications and terms comments of reference satisfactory to the Association; (c) when a PCU is located in the MOE of a Participating State, an additional PIU may be established in the State Primary Education Board of such Participating StateAssociation thereon into account. 43. The Borrower shall implement the Project or cause the Project to be implemented Program in accordance with the procedures set out in the Project Implementation Manual and Operational Manual, the Financial Management Procurement Manual, the AFMS Manual, and, except as the Association shall otherwise agree, the Borrower shall not amend, abrogate or waive any provision thereof whichif, in the opinion of the AssociationAssociation such amendment, abrogation or waiver may materially and adversely affect the implementation of the Project or and the achievement of the objectives of the ProjectProgram. 5. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower shall, and shall cause each of the Participating States to: (a) open and maintain accounts in Naira in a commercial bank acceptable to the Association on terms and conditions satisfactory to the Association (the “Project Accounts”); (b) promptly thereafter, make an initial deposit equivalent to $250,000 into the Project Account, and cause each Participating State to make an initial deposit equivalent to $100,000 into said Participating State's Project Account, to finance the Participating State's contribution to the costs of the Project for the first year; (c) thereafter deposit into each such Project Account, on a quarterly basis, the amount required to replenish said Project Account up to the Borrower's and Participating State’s contribution to the costs of the Project; and (d) use the funds in said Project Account exclusively to finance expenditures under the Project and not otherwise financed out of the proceeds of the Credit. 64. The Borrower shall: (a) not later than October 30 in 31 of each year, furnish to Fiscal Year during the implementation of the Project or such later date as the Association for review and comments a draft annual work program and training program and supporting budget for the succeeding calendar year for the Federal Government and each Participating State; (b) not later than November 30 in each year: (i) review with the Association the documents referred to in paragraph (a) above; (ii) identify implementation issues and propose appropriate solutions; and (iii) update Project timetables and performance indicators; (c) not later than March 31 in each yearmay agree, commencing on October 31, 2004, furnish to the Association for its review each proposed Annual Program of Work to be carried out in the following Fiscal Year, modified in a manner satisfactory to the Association, taking into account its comments and final approval views on the work program and budgets referred to in paragraph (a) hereof, as such programs and budgets shall have been revised to the satisfaction of the Association in the course of the review referred to in paragraph matter; (b) hereofcarry out, or cause to be carried out, each such Annual Work Program in accordance with the Project Operational Manual, the Procurement Manual, and the AFMS Manual; (c) not make any material change to the Annual Program of Work without consultation with the Association; and (d) except as prepare and furnish to the Association shall otherwise agreeAssociation: (i) an operational plan for each Annual Program of Work, carry out setting forth, inter alia, the Project activities to be carried out, any policy reforms and other measures to be implemented, the expenditures to be incurred, the sources of financing of such expenditures and the procurement plan to be followed; and (ii) an evaluation of the progress made to date in the year in question carrying out of the current activities under the Annual Program of Work on the basis of indicators referred to in paragraph 11 of this Schedule. 5. GES shall be responsible for the said work program preparation and budget implementation of education budgets for the consolidated activities under Annual Programs of Work and the monitoring of the performance of education services at the BMCs. 6. District education oversight committees established in each district shall be responsible for organizing the provision of education services at the community level in a manner consistent with the terms of reference set forth in the Annual Programs of Work. The teams shall prepare annual plans and budgets for their districts. 7. The regional education monitoring and evaluation teams shall be responsible for providing supervision and logistical support to the districts. 8. The Borrower shall disburse funds to BMCs that have been duly certified as so revised.specified in the AFMS Manual pursuant to approved annual plans and budgets. Prior to disbursement of funds to a BMC, the financial controller of GES, in consultation with the Director General of the GES, will certify that the BMC concerned: (a) has taken the necessary measures to strengthen its internal financial management; and (b) is in compliance with the minimum criteria of eligibility for funding; 9. The Borrower shall: (a) Subprojects shall be selected maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with the proceduresindicators agreed upon between the Borrower and the Association, guidelines, eligibility criteria and other provisions set forth in detail in the carrying out of the Project Implementation Manual and outlined hereunder. The responsible PCU in a Participating State shall submit summaries the Program and the achievement of all Subprojects the objectives thereof; and (b) furnish to the Association: (i) quarterly financial statements indicating all revenues and expenditures for each BMC, including data according to the source of funds, the budget items and a selection of performance indicators agreed upon between the Borrower and the Association; (ii) not later than January 1 of each year of implementation of the Program or such later date as the Association may agree, commencing on any resettlementJanuary 1, 2005, the annual MOEYS budget that is to be submitted to Parliament; (iii) not later than April 1 of each year of implementation of the Program or such later date as the Association may agree, commencing on April 1, 2005, an annual report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in carrying out the Program during the previous Fiscal Year and setting out the measures recommended to ensure the efficient carrying out of the Program and the achievement of the objectives thereof during the period following such date, and the report of actual expenditures against the budget for the previous Fiscal Year; and (iv) not later than December 31 of each year of implementation of the Program or such later date as the Association may agree, commencing on December 31, 2004, the sector budget to be submitted by MOEYS to the Ministry of Finance and Economic Planning for the following Fiscal Year. The Borrower shall: (a) ensure that Subprojects shall be implemented in accordance with due diligence and efficiency and in accordance with sound administrative, financial, technical and environmental standards; Subprojects under Part C of the Project shall be carried out in accordance with the following: requirements and other details set forth in the calling for proposals for Subprojects to enable schools and communities to present within a specified time-frame assessable project proposalsProject Operational Manual; the collection, collation, and appraisal of proposals for Subprojects at the State and local levels; the forwarding of recommendations on successful proposals through the UBE National Coordinator to the Association; training and familiarization ensure that institutions carrying out Part C of the local communities on the procedures and other contents of the implementation manual; compensation for any resettlement Project are selected in accordance with the Resettlement Policy Frameworkcriteria set forth in the Project Operational Manual; require that: (i) the release of funds for approved Subprojects in two installmentsworks, the second release upon completion of 80% goods and consultants’ services to be financed out of the SubprojectSubprojects under Part C of the Project shall be procured at a reasonable price, account being taken also of other relevant factors such as time of delivery and efficiency and reliability of the works and goods and availability of maintenance facilities and spare parts therefore, and, in the case of consultants’ services, of their quality and the competence of the parties rendering them; and (ii) such works, goods and services shall be used exclusively in the carrying out of a midterm Subprojects; and (d) review with the Association, at such intervals as the Association shall request, the Project Operational Manual, and, based on such reviews, update the same as may be agreed between the Association and final monitoring and evaluation of the SubprojectBorrower.

Appears in 1 contract

Samples: Development Credit Agreement

Implementation Program. (a) 1. The Borrower shall cause FMOE to vest the responsibility for the project implementation and coordination of all Project activities with the PMU established within the Agency for Youth and Sports. The Borrower shall, until the completion of the Project, maintain NETCOM the PMU and shall ensure that the PMU is staffed by personnel with qualifications and under terms of reference, and functions at all times in form accordance with procedures necessary and with functions, staffing appropriate for the carrying out of the Project and resources satisfactory to the Association. (b) NETCOM shall meet at least once every quarter and its membership shall include 2. Throughout the Federal Minister of Education or his representative as chairman, and representatives of FMOE, UBE, Participating States, and participating Federal agencies. (a) The Borrower shall maintain the NPCU, headed by a National Project Coordinator, and include an accountant, internal auditor, a procurement officer, and technical staff, all with qualifications and experience satisfactory to the Association. (b) The NPCU shall be responsible for overall coordination of Project implementation at the Federal level. Staff shall be assigned to the NPCU for the duration of Project implementation and shall not be replaced without informing the Association. (c) The NPCU shall: (i) prepare for the Project, monthly and quarterly financial reports in form and substance satisfactory to the Association; and (ii) promptly thereafter furnish said reports to the Association. (d) The UBE National Coordinator will be responsible for monitoring Project implementation at the State level, and for providing technical assistance with Project management, financial management and procurement. 3. For the purpose of ensuring the proper execution of the Project, the Borrower shall cause each Participating State to maintain: (a) , in a UBE Advisory Committee; (b) a PCU to coordinate Project implementation in the respective Participating State, headed by a Project coordinator with qualifications manner and experience satisfactory to the Association, assisted by a project accountant, technical specialists for implementation, a procurement officer, all with qualifications and under terms of reference satisfactory to the Association;, a Steering Committee, comprised of the Director of AYS, as chairman, and representatives of the Ministry of Education, the Ministry of Labor and Social Policy, the Ministry of Culture, the Ministry of Local Self-government, the Ministry of Finance, UNICEF, three NGOs, the Project Director and the PMU Coordinator, as its secretary. The Steering Committee will be responsible for overseeing the progress of Project implementation and providing policy guidance. (c) when a PCU is located 3. The Borrower shall maintain the Operational Manual in form and content satisfactory to the MOE Association and shall not assign, amend, abrogate or waive the Operational Manual without obtaining the prior approval of a Participating State, an additional PIU may be established in the State Primary Education Board of such Participating StateAssociation. 4. The Borrower shall implement annually prepare and submit to the Project or cause Association for its review an annual work program, including procurement, budget and financing plans for activities under the Project to be implemented in accordance with the Project Implementation Manual and the Financial Management Manual, and, except as carried out during its following fiscal year. The first such program shall be submitted to the Association shall otherwise agreenot later than March 30, the Borrower shall 2002, and all subsequent programs not amend, abrogate or waive any provision thereof which, in the opinion later than March 1 of the Association, may materially and adversely affect year preceding the implementation year of the Project or the achievement of the objectives of the Projectrespective work program. 5. Without limitation Promptly after review with the Association of every work program referred to its obligations under Section 3.01 of this Agreement, in paragraph 4 above the Borrower shallshall take all measures required for the successful and efficient implementation of said work program, based on the Association’s comments and recommendations on the matter. 6. The Borrower shall cause each carry out, not later than by June 30, 2002, a baseline study, under terms of the Participating States to: (a) open and maintain accounts in Naira in a commercial bank reference acceptable to the Association on terms Association, and conditions satisfactory thereafter update the baseline study annually, not later than by June 1 of each year, and furnish the updates, together with regular Project progress reports, to the Association (the “Project Accounts”); (b) promptly thereafter, make an initial deposit equivalent to $250,000 into the Project Account, and cause each Participating State to make an initial deposit equivalent to $100,000 into said Participating State's Project Account, to finance the Participating State's contribution to the costs of the Project for the first year; (c) thereafter deposit into each such Project Account, on a quarterly basis, the amount required to replenish said Project Account up to the Borrower's and Participating State’s contribution to the costs of the Project; and (d) use the funds in said Project Account exclusively to finance expenditures under the Project and not otherwise financed out of the proceeds of the CreditAssociation. 67. The Borrower shall: (a) not later than October 30 maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in each year, furnish accordance with indicators acceptable to the Association for review Association, the carrying out of the Project and comments a draft annual work program and training program and supporting budget for the succeeding calendar year for achievement of the Federal Government and each Participating Stateobjectives thereof; (b) not later than November 30 prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about March 30, 2004, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in each year: the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and (ic) review with the Association the documents referred to in paragraph (a) above; (ii) identify implementation issues and propose appropriate solutions; and (iii) update Project timetables and performance indicators; (c) not Association, by April 30, 2004, or such later than March 31 in each year, furnish to the Association for its comments and final approval the work program and budgets referred to in paragraph (a) hereof, as such programs and budgets shall have been revised to the satisfaction of the Association in the course of the review referred to in paragraph (b) hereof; and (d) except date as the Association shall otherwise agreerequest, carry out the report referred to in subparagraph (b) of this paragraph, and, thereafter, take all measures required to ensure the efficient completion of the Project in and the year in question achievement of the objectives thereof, based on the basis conclusions and recommendations of the said work program report and budget as so revised. (a) Subprojects shall be selected in accordance with the procedures, guidelines, eligibility criteria and other provisions set forth in detail in the Project Implementation Manual and outlined hereunder. The responsible PCU in a Participating State shall submit summaries of all Subprojects to the Association, including data on any resettlement. Subprojects shall be implemented in accordance with due diligence and efficiency and in accordance with sound administrative, financial, technical and environmental standards; Subprojects shall be carried out in accordance with the following: the calling for proposals for Subprojects to enable schools and communities to present within a specified time-frame assessable project proposals; the collection, collation, and appraisal of proposals for Subprojects at the State and local levels; the forwarding of recommendations on successful proposals through the UBE National Coordinator to the Association; training and familiarization of the local communities ’s views on the procedures and other contents of the implementation manual; compensation for any resettlement in accordance with the Resettlement Policy Framework; the release of funds for approved Subprojects in two installments, the second release upon completion of 80% of the Subproject; and the carrying out of a midterm review and final monitoring and evaluation of the Subprojectmatter.

Appears in 1 contract

Samples: Development Credit Agreement

Implementation Program. (a) Project Management 1. The Borrower shall cause FMOE to maintain NETCOM in form and with functionsshall, staffing and resources satisfactory to throughout the Association. (b) NETCOM shall meet at least once every quarter and its membership shall include the Federal Minister of Education or his representative as chairman, and representatives of FMOE, UBE, Participating States, and participating Federal agencies. (a) The Borrower shall maintain the NPCU, headed by a National Project Coordinator, and include an accountant, internal auditor, a procurement officer, and technical staff, all with qualifications and experience satisfactory to the Association. (b) The NPCU shall be responsible for overall coordination period of Project implementation at the Federal level. Staff shall be assigned to the NPCU for the duration of Project implementation and shall not be replaced without informing the Association. (c) The NPCU shall: (i) prepare for the Projectimplementation, monthly and quarterly financial reports in form and substance satisfactory to the Association; and (ii) promptly thereafter furnish said reports to the Association. (d) The UBE National Coordinator will be responsible for monitoring Project implementation at the State level, and for providing technical assistance with Project management, financial management and procurement. 3. For the purpose of ensuring the proper execution of the Project, the Borrower shall cause each Participating State to maintain: (a) the Project Steering Committee, with representation from the Ministry of Finance and Economy and from Bank of Mongolia, to provide policy direction and guidance, evaluate the Project outcome, and ensure inter-agency coordination in the implementation of the Project; and (b) the Project Coordination Office, under the direction of a UBE Advisory Committeequalified and experienced manager, staffed with competent personnel in sufficient numbers, including a Project Coordinator appointed under terms of reference acceptable to the Association, and provided with adequate resources, said Office to serve as a secretariat to the Project Steering Committee and be responsible for the day-to-day administration of the Project. 2. The Borrower shall ensure that: (a) in respect of Part B of the Project, Bank of Mongolia establish and, throughout the period of Project implementation, maintain a Project Implementation Unit, under the direction of qualified and experienced managers, staffed with competent personnel in sufficient numbers, including a network specialist, a switch specialist, a specialist on payment instruments, and a Project administrator, all under terms of reference acceptable to the Association, and provided with adequate resources, to manage the implementation of its Respective Part of the Project; and (b) in respect of Part A of the Project, each Participating Bank establish and, thereafter throughout the period of Project implementation, maintain a Project Implementation Unit, under the direction of qualified and experienced managers, staffed with competent personnel in sufficient numbers, and provided with adequate resources, to manage its Respective Part of the Project. 3. The Borrower: (a) shall, through the Project Coordination Office, prepare and adopt a financial management manual satisfactory to the Association, setting forth policies and detailed procedures for internal control, flow of funds, accounting and auditing, and maintenance of records; and (b) shall not amend, waive or abrogate any provisions thereof without the prior concurrence of the Association. 4. In respect of Part A of the Project, the Borrower: (a) shall select Participating Banks in accordance with criteria satisfactory to the Association, which shall include, without limitation, criteria related to their total assets size, limits on non-performing loans, capital adequacy ratio, degree of compliance with Bank of Mongolia prudential requirements, and ownership diversification; (b) shall enter into a PCU to coordinate Project implementation in the respective Participating State, headed by a Project coordinator with qualifications and experience satisfactory subsidiary loan agreement acceptable to the AssociationAssociation with each Participating Bank so selected, assisted by a project accountantwhereby said Participating Bank undertakes to: (i) carry out its Respective Part of the Project with diligence and efficiency and in accordance with appropriate administrative, technical specialists for implementationmanagement and financial standards, a procurement officerand commercial banking practices; (ii) take, and cause to be taken, all action, including the provision of funds, facilities, services and other resources, necessary or appropriate to enable it to perform such obligations; (iii) not take, or permit to be taken, any action which would prevent or interfere with qualifications the performance of such obligations; (iv) procure goods and terms services necessary for its Respective Part of reference satisfactory the Project and to be financed out of the proceeds of the Credit, in accordance with the provisions of Schedule 3 to this Agreement; (v) by January 31 of each year, commencing in 2003, furnish to the Association an annual training plan for its staff in credit risk management, including secondment of selected staff to commercial banks outside of Mongolia, and thereafter implement such training plan as shall have been agreed to by the Association; (vi) maintain records and accounts adequate to reflect in accordance with consistently maintained sound accounting practices, its operations and financial condition; (vii) have its financial statements (balance sheets, statements of income and expenses and related statements) for each fiscal year audited, in accordance with appropriate auditing principles consistently applied, by independent auditors acceptable to the Association; (cviii) when a PCU is located furnish to the Borrower and the Association, as soon as available, but in any case not later than six months after the MOE end of a Participating State, an additional PIU may be established in each fiscal year: (A) certified copies of said financial statements and accounts for such year as so audited; and (B) the State Primary Education Board report of such Participating State.audit by said auditors in such scope and detail as the Borrower or the Association shall have reasonably requested; 4. The (ix) prepare and furnish to the Borrower and the Association all such other information concerning said records, accounts and financial statements, as well as the audit thereof, as the Borrower or the Association shall implement the Project or reasonably request; (x) take, and cause the Project to be implemented taken, all action necessary or appropriate to maintain its eligibility in accordance with the criteria for participation in the Project Implementation Manual referred to in sub-paragraph (a) of this paragraph 4; (xi) promptly inform the Borrower and the Financial Management ManualAssociation of any condition which interferes or threatens to interfere with the progress of its Respective Part of the Project, the performance of its obligations under the Subsidiary Loan Agreement, or its continuing compliance with the eligibility criteria set forth in sub-paragraph (a) of this paragraph 4, including any failure to comply with the prudential regulations issued by Bank of Mongolia; and (xii) at the request of the Borrower or the Association, review with the Borrower and the Association, the quarterly reports prepared by Bank of Mongolia in respect of said Participating Bank’s compliance with Bank of Mongolia’s prudential regulations and any required corrective actions thereunder; and (c) shall exercise its rights under each Subsidiary Loan Agreement in such manner as to protect the interests of the Borrower and the Association, and to accomplish the purposes of the Credit, and except as the Association shall otherwise agree, the Borrower shall not assign, amend, abrogate or waive any Subsidiary Loan Agreement or any provision thereof which, in the opinion of the Association, may materially and adversely affect the implementation of the Project or the achievement of the objectives of the Projectthereof. 5. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower shall, and shall cause each of the Participating States to: (a) open and maintain accounts in Naira in a commercial bank acceptable to the Association on terms and conditions satisfactory to the Association (the “Project Accounts”); (b) promptly thereafter, make an initial deposit equivalent to $250,000 into the Project Account, and cause each Participating State to make an initial deposit equivalent to $100,000 into said Participating State's Project Account, to finance the Participating State's contribution to the costs of the Project for the first year; (c) thereafter deposit into each such Project Account, on a quarterly basis, the amount required to replenish said Project Account up to the Borrower's and Participating State’s contribution to the costs of the Project; and (d) use the funds in said Project Account exclusively to finance expenditures under the Project and not otherwise financed out of the proceeds of the Credit. 6. The Borrower shall: (a) not later than October 30 maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in each year, furnish accordance with indicators satisfactory to the Association for review Association, the carrying out of the Project and comments a draft annual work program and training program and supporting budget for the succeeding calendar year for achievement of the Federal Government and each Participating Stateobjectives thereof; (b) not later than November 30 in prepare, under terms of reference satisfactory to the Association, and furnish to the Association, by January 31, April 30, July 31 and October 31 of each year: , commencing in 2003 a quarterly progress report, each such report integrating the results of the monitoring and evaluation activities performed pursuant to sub-paragraph (ia) of this paragraph 5, on the progress achieved in the carrying out of the Project during the preceding calendar quarter and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and (c) promptly review with the Association each of the documents reports referred to in paragraph (a) above; (ii) identify implementation issues and propose appropriate solutions; and (iii) update Project timetables and performance indicators; (c) not later than March 31 in each year, furnish to the Association for its comments and final approval the work program and budgets referred to in paragraph (a) hereof, as such programs and budgets shall have been revised to the satisfaction of the Association in the course of the review referred to in sub-paragraph (b) hereof; of this paragraph 5 and (d) except as , thereafter, take all measures required to ensure the Association shall otherwise agree, carry out efficient completion of the Project in and the year in question achievement of the objectives thereof, based on the basis conclusions and recommendations of the said work program report and budget as so revised. (a) Subprojects shall be selected in accordance with the procedures, guidelines, eligibility criteria and other provisions set forth in detail in the Project Implementation Manual and outlined hereunder. The responsible PCU in a Participating State shall submit summaries of all Subprojects to the Association, including data on any resettlement. Subprojects shall be implemented in accordance with due diligence and efficiency and in accordance with sound administrative, financial, technical and environmental standards; Subprojects shall be carried out in accordance with the following: the calling for proposals for Subprojects to enable schools and communities to present within a specified time-frame assessable project proposals; the collection, collation, and appraisal of proposals for Subprojects at the State and local levels; the forwarding of recommendations on successful proposals through the UBE National Coordinator to the Association; training and familiarization of the local communities ’s views on the procedures and other contents of the implementation manual; compensation for any resettlement in accordance with the Resettlement Policy Framework; the release of funds for approved Subprojects in two installments, the second release upon completion of 80% of the Subproject; and the carrying out of a midterm review and final monitoring and evaluation of the Subprojectmatter.

Appears in 1 contract

Samples: Development Credit Agreement

Implementation Program. (a) Project Management 1. The Borrower shall cause FMOE to maintain NETCOM in form establish and with functions, staffing and resources satisfactory to the Association. (b) NETCOM shall meet at least once every quarter and its membership shall include the Federal Minister of Education or his representative as chairman, and representatives of FMOE, UBE, Participating States, and participating Federal agencies. (a) The Borrower shall maintain the NPCU, headed by a National Project Coordinator, and include an accountant, internal auditor, a procurement officer, and technical staff, all with qualifications and experience satisfactory to the Association. (b) The NPCU shall be responsible for overall coordination of Project implementation at the Federal level. Staff shall be assigned to the NPCU for the duration of Project implementation and shall not be replaced without informing the Association. (c) The NPCU shall: (i) prepare for the Project, monthly and quarterly financial reports in form and substance satisfactory to the Association; and (ii) promptly thereafter furnish said reports to the Association. (d) The UBE National Coordinator will be responsible for monitoring Project implementation at the State level, and for providing technical assistance with Project management, financial management and procurement. 3. For the purpose of ensuring the proper execution of the Project, the Borrower shall cause each Participating State to maintain: (a) a UBE Advisory Project Coordination Committee chaired by the Secretary of Finance and comprising representatives of the Borrower’s Ministry of Works; Ministry of Lands, Survey, and Natural Resources; Central Planning; National Disaster Management Office; and Vava’u Disaster Management Committee; (b) a PCU to coordinate Project implementation in the respective Participating State, headed by a Project coordinator ; with qualifications and experience satisfactory to the Association, assisted by a project accountant, technical specialists for implementation, a procurement officer, all with qualifications and terms of reference satisfactory to the Association and assigned with funds and resources as shall be necessary to undertake the overall coordination of Project implementation and achieve the Project objectives. (b) a Project Management Unit within the Ministry of Finance, headed by a qualified and experienced manager/procurement officer, assigned with qualified staff in adequate numbers, including a finance officer/Project accountant, and an administrative assistant, and provided with such powers, responsibilities organization and funding as shall be required to enable it to carry out the day-to-day management, monitoring and coordination of Project activities. 2. The Borrower shall undertake a census of the Affected Households, satisfactory to the Association;, to determine, inter alia, the land tenure situation of the land and damaged house/buildings, and shall obtain written consent from the landowner witnessed by a third party or duly sworn affidavit before a Magistrate or Commissioner of Oaths of the Borrower, to construct a replacement house under Part A.1 of the Project thereon; provided, however, that if the Affected Household is different from the landowner, the said written consent shall also include provisions to allow the Affected Household the use of the house to be built under the same land tenure arrangements existing prior to the Cyclone, and for a period of time of not less than the economic life of the house to be built. 3. The Borrower shall prepare, adopt and thereafter apply the Operational Manual acceptable to the Association, as such manual may be amended with the prior agreement of the Association, in the implementation of the Project, which Operational Manual shall provide, inter alia, for: (a) criteria for environmental review of Sub-projects, and for construction of houses under Part A.1 of the Project; (b) eligibility criteria for construction of new housings under Part A.1 of the Project and buildings under Parts A.2 and A.3 of the Project; (c) when the procedure and criteria for appraisal and selection of Beneficiaries and Sub- projects; (d) terms and conditions governing the Grant Agreements; (e) development plan screening for land cleaning, sewage disposal and construction under Part A of the Project; (f) screening criteria for natural habitats and cultural property; (g) procurement procedures for goods, works and services under Sub-projects to be contracted at a PCU is located reasonable price following the established commercial practices in the MOE territory of a Participating Statethe Borrower, an additional PIU may be established in including community participation arrangements acceptable to the State Primary Education Board of such Participating StateAssociation; and (h) financial management and disbursement arrangements. 4. The Borrower shall implement not abrogate, amend, assign, repeal, suspend or waive any of the Project or cause provisions of the Project to be implemented in accordance with the Project Implementation Operational Manual and the Financial Management Manual, and, except as Grant Agreement without the Association shall otherwise agree, the Borrower shall not amend, abrogate or waive any provision thereof which, in the opinion prior concurrence of the Association, may materially and adversely affect the implementation of the Project or the achievement of the objectives of the Project. 5. Without limitation to its obligations under Section 3.01 of this Agreement, the The Borrower shallshall establish, and shall cause each thereafter maintain until completion of the Participating States to: (a) open and maintain accounts in Naira in Project, a commercial bank financial management system for the Project within the Project Management Unit, acceptable to the Association on terms and conditions satisfactory to the Association (the “Project Accounts”); (b) promptly thereafter, make an initial deposit equivalent to $250,000 into the Project Account, and cause each Participating State to make an initial deposit equivalent to $100,000 into said Participating State's Project Account, to finance the Participating State's contribution to the costs of the Project for the first year; (c) thereafter deposit into each such Project Account, on a quarterly basis, the amount required to replenish said Project Account up to the Borrower's and Participating State’s contribution to the costs of the Project; and (d) use the funds in said Project Account exclusively to finance expenditures under the Project and not otherwise financed out of the proceeds of the CreditAssociation. 6. The Borrower shall: (a) not later than October 30 in each year, furnish to the Association for review and comments a draft annual work program and training program and supporting budget for the succeeding calendar year for the Federal Government and each Participating State; (b) not later than November 30 in each year: (i) review with the Association the documents referred to in paragraph (a) above; (ii) identify implementation issues and propose appropriate solutions; and (iii) update Project timetables and performance indicators; (c) not later than March 31 in each year, furnish to the Association for its comments and final approval the work program and budgets referred to in paragraph (a) hereof, as such programs and budgets shall have been revised to the satisfaction of the Association in the course of the review referred to in paragraph (b) hereof; and (d) except as the Association shall otherwise agree, carry out the Project in the year in question on the basis of the said work program and budget as so revised. (a) Subprojects shall be selected in accordance with the procedures, guidelines, eligibility criteria and other provisions set forth in detail in the Project Implementation Manual and outlined hereunder. The responsible PCU in a Participating State shall submit summaries of all Subprojects to the Association, including data on any resettlement. Subprojects shall be implemented in accordance with due diligence and efficiency and in accordance with sound administrative, financial, technical and environmental standards; Subprojects shall be carried out in accordance with the following: the calling for proposals for Subprojects to enable schools and communities to present within a specified time-frame assessable project proposals; the collection, collation, and appraisal of proposals for Subprojects at the State and local levels; the forwarding of recommendations on successful proposals through the UBE National Coordinator to the Association; training and familiarization of the local communities on the procedures and other contents of the implementation manual; compensation for any resettlement in accordance with the Resettlement Policy Framework; the release of funds for approved Subprojects in two installments, the second release upon completion of 80% of the Subproject; and the carrying out of a midterm review and final monitoring and evaluation of the Subproject.

Appears in 1 contract

Samples: Development Credit Agreement

Implementation Program. (a) 1. The Borrower shall cause FMOE to maintain NETCOM in form and with functionsensure that, staffing and resources satisfactory to at all times during the Association. (b) NETCOM shall meet at least once every quarter and its membership shall include the Federal Minister of Education or his representative as chairman, and representatives of FMOE, UBE, Participating States, and participating Federal agencies. (a) The Borrower shall maintain the NPCU, headed by a National Project Coordinator, and include an accountant, internal auditor, a procurement officer, and technical staff, all with qualifications and experience satisfactory to the Association. (b) The NPCU shall be responsible for overall coordination of Project implementation at the Federal level. Staff shall be assigned to the NPCU for the duration of Project implementation and shall not be replaced without informing the Association. (c) The NPCU shall: (i) prepare for the Project, monthly and quarterly financial reports in form and substance satisfactory to the Association; and (ii) promptly thereafter furnish said reports to the Association. (d) The UBE National Coordinator will be responsible for monitoring Project implementation at the State level, and for providing technical assistance with Project management, financial management and procurement. 3. For the purpose of ensuring the proper execution of the Project, the Borrower shall cause each Participating State to maintain: (a) a UBE Advisory Committee; (b) a PCU to coordinate Project the qualifications, experience and performance of the staff within MTPTHU, including in particular the Road Director, the Surface Transport Director and the members of the technical committee in charge of the supervision of the implementation of the MMEMP, and MPED, in charge of the respective Participating Stateimplementation of any parts of the Project, headed by a Project coordinator with qualifications and experience satisfactory to the Association, assisted by a project accountant, technical specialists for implementation, a procurement officer, all with qualifications and terms of reference shall be satisfactory to the Association; (cb) when a PCU is located in the MOE FER Director, Chief Accountant, and those members of a Participating Statethe Management Committee of FER who are appointed by the Borrower or any of its agencies, an additional PIU may shall be established in the State Primary Education Board of such Participating State. 4. The Borrower shall implement the Project or cause the Project to be implemented appointed in accordance with the provisions of the FER Law and FER Decrees; (c) FER shall carry out its mandate in compliance with the FER Law and the FER Decrees; (d) CISCP shall maintain amongst its staff a Coordinator, a Deputy Coordinator and a Chief Accountant, who shall be employed in accordance with the provisions of Section II of Schedule 3 to this Agreement. The Coordinator shall be responsible for the overall coordination and supervision of activities under the Borrower’s transport sector projects, including the Project. The Deputy Coordinator shall assist the Coordinator; (e) CISCP shall carry out its mandate in compliance with the CISCP Decree; and (f) the relevant Ministries, agencies and authorities (in particular, MEE, MEN, the police and other road security authorities) shall collaborate with MTPTHU and MPED in compliance with the provisions of the EIA and the Project Implementation Manual and the Financial Management Procedures Manual, andin particular, except with respect to the appointment of individuals whose qualifications, experience, position, and performance are satisfactory to the Association, and who shall assist MTPTHU and MPED in ensuring proper implementation of the Project. 2. Except as the Association shall otherwise agree, the Borrower shall shall: (i) apply criteria, policies, procedures and arrangements set out in the Project Implementation and Procedures Manual; and (ii) not amendamend or waive, abrogate or waive permit to be amended or waived, the EIA and the Project Implementation and Procedures Manual or any provision thereof thereof, in a manner which, in the opinion of the Association, may materially and adversely affect the implementation of the Project or the achievement of the objectives of the Project. 5. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower shall, and shall cause each of the Participating States to: (a) open and maintain accounts in Naira in a commercial bank acceptable to the Association on terms and conditions satisfactory to the Association (the “Project Accounts”); (b) promptly thereafter, make an initial deposit equivalent to $250,000 into the Project Account, and cause each Participating State to make an initial deposit equivalent to $100,000 into said Participating State's Project Account, to finance the Participating State's contribution to the costs of the Project for the first year; (c) thereafter deposit into each such Project Account, on a quarterly basis, the amount required to replenish said Project Account up to the Borrower's and Participating State’s contribution to the costs of the Project; and (d) use the funds in said Project Account exclusively to finance expenditures under the Project and not otherwise financed out of the proceeds of the Credit. 63. The Borrower shall: (a) not later than October 30 maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in each year, furnish accordance with indicators satisfactory to the Association for review Association, the carrying out of the Project and comments a draft annual work program and training program and supporting budget for the succeeding calendar year for achievement of the Federal Government and each Participating Stateobjectives thereof; (b) not later than November 30 the end of the First Project Semester, and not later than the end of each Project Semester thereafter, or such later dates as the Association shall request, undertake, in each year: (i) review conjunction with the Association and CISCP, a joint semi-annual review on all matters relating to the documents progress of the Project and, in particular, the progress achieved by the Borrower during the current Project Semester, having regard to the performance indicators referred to in paragraph subparagraph (a) above; (ii) identify implementation issues and propose appropriate solutions; and (iii) update Project timetables and performance indicatorsof this paragraph; (c) in view of each joint semi-annual review, cause CISCP to prepare and, not later than March 31 in the first day of each yearsemi-annual review, furnish to the Association Association, for its comments comments, a report in such detail as the Association shall reasonably request, on the progress of the Project; (d) following each semi-annual review, act promptly and final approval diligently in order to take any corrective action deemed necessary to remedy any shortcoming identified in the work program and budgets referred implementation of the Project, or to in paragraph (a) hereof, implement such measures as such programs and budgets shall may have been revised to agreed upon between the satisfaction parties in furtherance of the Association in the course objectives of the review referred to in paragraph (b) hereofProject; and (de) except as promptly after the Association shall otherwise agreeEffective Date, carry out the Project take all measures necessary on its part to organize, in the year in question on the basis of the said work program and budget as so revised. (a) Subprojects shall be selected in accordance conjunction with the procedures, guidelines, eligibility criteria and other provisions set forth in detail in the Project Implementation Manual and outlined hereunder. The responsible PCU in a Participating State shall submit summaries of all Subprojects to the Association, including data on any resettlement. Subprojects shall be implemented in accordance with due diligence and efficiency and in accordance with sound administrative, financial, technical and environmental standards; Subprojects shall be carried out in accordance with a workshop for the following: the calling for proposals for Subprojects to enable schools and communities to present within a specified time-frame assessable project proposals; the collection, collation, and appraisal of proposals for Subprojects at the State and local levels; the forwarding of recommendations on successful proposals through the UBE National Coordinator to the Association; training and familiarization launching of the local communities on the Project implementation which shall cover, inter alia, disbursement and procurement procedures and other contents detailed timetables for the implementation of the implementation manual; compensation for any resettlement in accordance with the Resettlement Policy Framework; the release of funds for approved Subprojects in two installments, the second release upon completion of 80% of the Subproject; and the carrying out of a midterm review and final monitoring and evaluation of the SubprojectProject.

Appears in 1 contract

Samples: Development Credit Agreement

Implementation Program. (a) Project Management 1. The Borrower shall cause FMOE to maintain NETCOM in form establish and with functions, staffing and resources satisfactory to the Association. (b) NETCOM shall meet at least once every quarter and its membership shall include the Federal Minister of Education or his representative as chairman, and representatives of FMOE, UBE, Participating States, and participating Federal agencies. (a) The Borrower shall maintain the NPCU, headed by a National Project Coordinator, and include an accountant, internal auditor, a procurement officer, and technical staff, all with qualifications and experience satisfactory to the Association. (b) The NPCU shall be responsible for overall coordination of Project implementation at the Federal level. Staff shall be assigned to the NPCU for the duration of Project implementation and shall not be replaced without informing the Association. (c) The NPCU shall: (i) prepare for the Project, monthly and quarterly financial reports in form and substance satisfactory to the Association; and (ii) promptly thereafter furnish said reports to the Association. (d) The UBE National Coordinator will be responsible for monitoring Project implementation at the State level, and for providing technical assistance with Project management, financial management and procurement. 3. For the purpose of ensuring the proper execution of the Project, the Borrower shall cause each Participating State to maintain: (a) a UBE Advisory Project Coordination Committee chaired by the Secretary of Finance and comprising representatives of the Borrower’s Ministry of Works; Ministry of Lands, Survey, and Natural Resources; Central Planning; National Disaster Management Office; and Vava’u Disaster Management Committee; (b) a PCU to coordinate Project implementation in the respective Participating State, headed by a Project coordinator ; with qualifications and experience satisfactory to the Association, assisted by a project accountant, technical specialists for implementation, a procurement officer, all with qualifications and terms of reference satisfactory to the Association and assigned with funds and resources as shall be necessary to undertake the overall coordination of Project implementation and achieve the Project objectives. (b) a Project Management Unit within the Ministry of Finance, headed by a qualified and experienced manager/procurement officer, assigned with qualified staff in adequate numbers, including a finance officer/Project accountant, and an administrative assistant, and provided with such powers, responsibilities organization and funding as shall be required to enable it to carry out the day-to-day management, monitoring and coordination of Project activities. 2. The Borrower shall undertake a census of the Affected Households, satisfactory to the Association;, to determine, inter alia, the land tenure situation of the land and damaged house/buildings, and shall obtain written consent from the landowner witnessed by a third party or duly sworn affidavit before a Magistrate or Commissioner of Oaths of the Borrower, to construct a replacement house under Part A.1 of the Project thereon; provided, however, that if the Affected Household is different from the landowner, the said written consent shall also include provisions to allow the Affected Household the use of the house to be built under the same land tenure arrangements existing prior to the Cyclone, and for a period of time of not less than the economic life of the house to be built. 3. The Borrower shall prepare, adopt and thereafter apply the Operational Manual acceptable to the Association, as such manual may be amended with the prior agreement of the Association, in the implementation of the Project, which Operational Manual shall provide, inter alia, for: (a) criteria for environmental review of Sub-projects, and for construction of houses under Part A.1 of the Project; (b) eligibility criteria for construction of new housings under Part A.1 of the Project and buildings under Parts A.2 and A.3 of the Project; (c) when the procedure and criteria for appraisal and selection of Beneficiaries and Sub-projects; (d) terms and conditions governing the Grant Agreements; (e) development plan screening for land cleaning, sewage disposal and construction under Part A of the Project; (f) screening criteria for natural habitats and cultural property; (g) procurement procedures for goods, works and services under Sub-projects to be contracted at a PCU is located reasonable price following the established commercial practices in the MOE territory of a Participating Statethe Borrower, an additional PIU may be established in including community participation arrangements acceptable to the State Primary Education Board of such Participating StateAssociation; and (h) financial management and disbursement arrangements. 4. The Borrower shall implement not abrogate, amend, assign, repeal, suspend or waive any of the Project or cause provisions of the Project to be implemented in accordance with the Project Implementation Operational Manual and the Financial Management Manual, and, except as Grant Agreement without the Association shall otherwise agree, the Borrower shall not amend, abrogate or waive any provision thereof which, in the opinion prior concurrence of the Association, may materially and adversely affect the implementation of the Project or the achievement of the objectives of the Project. 5. Without limitation to its obligations under Section 3.01 of this Agreement, the The Borrower shallshall establish, and shall cause each thereafter maintain until completion of the Participating States to: (a) open and maintain accounts in Naira in Project, a commercial bank financial management system for the Project within the Project Management Unit, acceptable to the Association on terms and conditions satisfactory to the Association (the “Project Accounts”); (b) promptly thereafter, make an initial deposit equivalent to $250,000 into the Project Account, and cause each Participating State to make an initial deposit equivalent to $100,000 into said Participating State's Project Account, to finance the Participating State's contribution to the costs of the Project for the first year; Association. (c) thereafter deposit into each such Project Accountby _____, on a quarterly basis, the amount required to replenish said Project Account up to the Borrower's establish and Participating State’s contribution to the costs of the Project; and (d) use the funds in said Project Account exclusively to finance expenditures under the Project and not otherwise financed out of the proceeds of the Credit. 6. The Borrower shall: (a) not later than October 30 in each year, furnish to the Association for review and comments a draft annual work program and training program and supporting budget for the succeeding calendar year for the Federal Government and each Participating State; (b) not later than November 30 in each year: (i) review with the Association the documents referred to in paragraph (a) above; (ii) identify implementation issues and propose appropriate solutions; and (iii) update Project timetables and performance indicators; (c) not later than March 31 in each year, furnish to the Association for its comments and final approval the work program and budgets referred to in paragraph (a) hereof, as such programs and budgets shall have been revised to the satisfaction of the Association in the course of the review referred to in paragraph (b) hereof; and (d) except as the Association shall otherwise agree, carry out the Project in the year in question on the basis of the said work program and budget as so revised. (a) Subprojects shall be selected in accordance with the procedures, guidelines, eligibility criteria and other provisions set forth in detail in the Project Implementation Manual and outlined hereunder. The responsible PCU in a Participating State shall submit summaries of all Subprojects to the Association, including data on any resettlement. Subprojects shall be implemented in accordance with due diligence and efficiency and in accordance with sound administrative, financial, technical and environmental standards; Subprojects shall be carried out in accordance with the following: the calling for proposals for Subprojects to enable schools and communities to present within a specified time-frame assessable project proposals; the collection, collation, and appraisal of proposals for Subprojects at the State and local levels; the forwarding of recommendations on successful proposals through the UBE National Coordinator to the Association; training and familiarization of the local communities on the procedures and other contents of the implementation manual; compensation for any resettlement in accordance with the Resettlement Policy Framework; the release of funds for approved Subprojects in two installments, the second release upon completion of 80% of the Subproject; and the carrying out of a midterm review and final monitoring and evaluation of the Subproject.thereafter

Appears in 1 contract

Samples: Development Credit Agreement

Implementation Program. (a) The Borrower shall cause FMOE to maintain NETCOM in form the Steering and with functionsOversight Committee, staffing which shall include the Director General of GES, the Executive Secretary of NCTE, and resources satisfactory to the AssociationChief Director of the MOEYS. (b) NETCOM The Campus Coordinators for TALIF, satisfactory to the Association, shall meet at least once every quarter have assumed their duties within 30 days after the Credit has been declared effective. (c) Those members of the NCTE Board who will serve as members of the TALIF Executive Committee shall have been notified of their appointment within 30 days after the Credit has been declared effective. (d) Core members of the specialized TALIF vetting committees shall have assumed their duties within 60 days after the Credit has been declared effective. (e) MOEYS shall submit to the Association for its review and its membership shall include comments a plan for monitoring and evaluation of the Federal Minister of Education or his representative as chairmanProject and Program, and representatives of FMOE, UBE, Participating States, and participating Federal agencieswithin 90 days after the Credit has been declared effective. (a) The Borrower shall maintain submit to the NPCUAssociation for its review and comments not later than June 1, headed by a National Project Coordinator, and include an accountant, internal auditor2005, a procurement officersustainable and equitable financial strategy for the tertiary education sub-sector, and technical staffincluding public budget, all cost-sharing, scholarship management, a student loan scheme, private contributions, funding formulas, projected internal revenues that is consistent with qualifications and experience satisfactory to the AssociationProjects’ objectives. (b) The NPCU shall be responsible for overall coordination of Project implementation at the Federal level. Staff shall be assigned to the NPCU for the duration of Project implementation and shall not be replaced without informing the Association. (c) The NPCU shall: (i) prepare for the Project, monthly and quarterly financial reports in form and substance satisfactory to the Association; and (ii) promptly thereafter furnish said reports to the Association. (d) The UBE National Coordinator will be responsible for monitoring Project implementation at the State level, and for providing technical assistance with Project management, financial management and procurement. 3. For the purpose of ensuring the proper execution of the ProjectThereafter, the Borrower shall cause each Participating State to maintain: (a) a UBE Advisory Committee; (b) a PCU to coordinate Project implementation implement such financial strategy in the respective Participating Statetertiary education sub-sector, headed by a Project coordinator with qualifications and experience satisfactory to taking the Association, assisted by a project accountant, technical specialists for implementation, a procurement officer, all with qualifications and terms comments of reference satisfactory to the Association; (c) when a PCU is located in the MOE of a Participating State, an additional PIU may be established in the State Primary Education Board of such Participating StateAssociation thereon into account. 43. The Borrower shall implement the Project or cause the Project to be implemented Program in accordance with the procedures set out in the Project Implementation Manual and Operational Manual, the Financial Management Procurement Manual, the AFMS Manual, and, except as the Association shall otherwise agree, the Borrower shall not amend, abrogate or waive any provision thereof whichif, in the opinion of the AssociationAssociation such amendment, abrogation or waiver may materially and adversely affect the implementation of the Project or and the achievement of the objectives of the ProjectProgram. 5. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower shall, and shall cause each of the Participating States to: (a) open and maintain accounts in Naira in a commercial bank acceptable to the Association on terms and conditions satisfactory to the Association (the “Project Accounts”); (b) promptly thereafter, make an initial deposit equivalent to $250,000 into the Project Account, and cause each Participating State to make an initial deposit equivalent to $100,000 into said Participating State's Project Account, to finance the Participating State's contribution to the costs of the Project for the first year; (c) thereafter deposit into each such Project Account, on a quarterly basis, the amount required to replenish said Project Account up to the Borrower's and Participating State’s contribution to the costs of the Project; and (d) use the funds in said Project Account exclusively to finance expenditures under the Project and not otherwise financed out of the proceeds of the Credit. 64. The Borrower shall: (a) not later than October 30 in 31 of each year, furnish to Fiscal Year during the implementation of the Project or such later date as the Association for review and comments a draft annual work program and training program and supporting budget for the succeeding calendar year for the Federal Government and each Participating State; (b) not later than November 30 in each year: (i) review with the Association the documents referred to in paragraph (a) above; (ii) identify implementation issues and propose appropriate solutions; and (iii) update Project timetables and performance indicators; (c) not later than March 31 in each yearmay agree, commencing on October 31, 2004, furnish to the Association for its review each proposed Annual Program of Work to be carried out in the following Fiscal Year, modified in a manner satisfactory to the Association, taking into account its comments and final approval views on the work program and budgets referred to in paragraph (a) hereof, as such programs and budgets shall have been revised to the satisfaction of the Association in the course of the review referred to in paragraph matter; (b) hereofcarry out, or cause to be carried out, each such Annual Work Program in accordance with the Project Operational Manual, the Procurement Manual, and the AFMS Manual; (c) not make any material change to the Annual Program of Work without consultation with the Association; and (d) except as prepare and furnish to the Association shall otherwise agreeAssociation: (i) an operational plan for each Annual Program of Work, carry out setting forth, inter alia, the Project activities to be carried out, any policy reforms and other measures to be implemented, the expenditures to be incurred, the sources of financing of such expenditures and the procurement plan to be followed; and (ii) an evaluation of the progress made to date in the year in question carrying out of the current activities under the Annual Program of Work on the basis of indicators referred to in paragraph 11 of this Schedule. 5. GES shall be responsible for the said work program preparation and budget implementation of education budgets for the consolidated activities under Annual Programs of Work and the monitoring of the performance of education services at the BMCs. 6. District education oversight committees established in each district shall be responsible for organizing the provision of education services at the community level in a manner consistent with the terms of reference set forth in the Annual Programs of Work. The teams shall prepare annual plans and budgets for their districts. 7. The regional education monitoring and evaluation teams shall be responsible for providing supervision and logistical support to the districts. 8. The Borrower shall disburse funds to BMCs that have been duly certified as so revised.specified in the AFMS Manual pursuant to approved annual plans and budgets. Prior to disbursement of funds to a BMC, the financial controller of GES, in consultation with the Director General of the GES, will certify that the BMC concerned: (a) has taken the necessary measures to strengthen its internal financial management; and (b) is in compliance with the minimum criteria of eligibility for funding; 9. The Borrower shall: (a) Subprojects shall be selected maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with the proceduresindicators agreed upon between the Borrower and the Association, guidelines, eligibility criteria and other provisions set forth in detail in the carrying out of the Project Implementation Manual and outlined hereunder. The responsible PCU in a Participating State shall submit summaries the Program and the achievement of all Subprojects the objectives thereof; and (b) furnish to the Association: (i) quarterly financial statements indicating all revenues and expenditures for each BMC, including data according to the source of funds, the budget items and a selection of performance indicators agreed upon between the Borrower and the Association; (ii) not later than January 1 of each year of implementation of the Program or such later date as the Association may agree, commencing on any resettlementJanuary 1, 2005, the annual MOEYS budget that is to be submitted to Parliament; (iii) not later than April 1 of each year of implementation of the Program or such later date as the Association may agree, commencing on April 1, 2005, an annual report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in carrying out the Program during the previous Fiscal Year and setting out the measures recommended to ensure the efficient carrying out of the Program and the achievement of the objectives thereof during the period following such date, and the report of actual expenditures against the budget for the previous Fiscal Year; and (iv) not later than December 31 of each year of implementation of the Program or such later date as the Association may agree, commencing on December 31, 2004, the sector budget to be submitted by XXXXX to the Ministry of Finance and Economic Planning for the following Fiscal Year. 10. The Borrower shall: (a) ensure that Subprojects shall be implemented in accordance with due diligence and efficiency and in accordance with sound administrative, financial, technical and environmental standards; Subprojects under Part C of the Project shall be carried out in accordance with the following: requirements and other details set forth in the calling for proposals for Subprojects to enable schools and communities to present within a specified time-frame assessable project proposals; the collection, collation, and appraisal of proposals for Subprojects at the State and local levels; the forwarding of recommendations on successful proposals through the UBE National Coordinator to the Association; training and familiarization Project Operational Manual; (b) ensure that institutions carrying out Part C of the local communities on the procedures and other contents of the implementation manual; compensation for any resettlement Project are selected in accordance with the Resettlement Policy Framework; criteria set forth in the release of funds for approved Subprojects in two installmentsProject Operational Manual; (c) require that: (i) the works, the second release upon completion of 80% goods and consultants’ services to be financed out of the SubprojectSubprojects under Part C of the Project shall be procured at a reasonable price, account being taken also of other relevant factors such as time of delivery and efficiency and reliability of the works and goods and availability of maintenance facilities and spare parts therefore, and, in the case of consultants’ services, of their quality and the competence of the parties rendering them; and (ii) such works, goods and services shall be used exclusively in the carrying out of Subprojects; and (d) review with the Association, at such intervals as the Association shall request, the Project Operational Manual, and, based on such reviews, update the same as may be agreed between the Association and the Borrower. 11. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with indicators satisfactory to the Association, the carrying out of the Program and Project and the achievement of the objectives thereof; (b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about March 1, 2007, a midterm report for the mid-term review and final integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in the carrying out of the SubprojectProject during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the Program and the achievement of the objectives thereof during the period following such date; and (c) review with the Association, by April 1, 2007, or such later date as the Association shall request, the report referred to in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion of the Project and the achievement of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matter.

Appears in 1 contract

Samples: Development Credit Agreement

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Implementation Program. (a) 1. The Borrower shall cause FMOE to maintain NETCOM in form and with functionsRecipient shall, staffing and resources satisfactory to the Association. (b) NETCOM shall meet at least once every quarter and its membership shall include the Federal Minister for purposes of Education or his representative as chairman, and representatives of FMOE, UBE, Participating States, and participating Federal agencies. (a) The Borrower shall maintain the NPCU, headed by a National Project Coordinator, and include an accountant, internal auditor, a procurement officer, and technical staff, all with qualifications and experience satisfactory to the Association. (b) The NPCU shall be responsible for overall coordination of Project implementation at the Federal level. Staff shall be assigned to the NPCU for the duration of Project implementation and shall not be replaced without informing the Association. (c) The NPCU shall: (i) prepare for the Project, monthly and quarterly financial reports maintain the Operational Manual in form and substance satisfactory to the Association; and (ii) promptly thereafter furnish said reports to the Association. (d) The UBE National Coordinator will be responsible for monitoring Project implementation at the State level, and for providing technical assistance with Project management, financial management and procurement. 3. For the purpose of ensuring the proper execution of the Project, the Borrower shall cause each Participating State to maintain: (a) a UBE Advisory Committee; (b) a PCU to coordinate Project implementation in the respective Participating State, headed by a Project coordinator with qualifications and experience satisfactory to the Association, assisted by a project accountant, technical specialists for implementation, a procurement officer, all with qualifications and terms of reference satisfactory to the Association; (c) when a PCU is located in the MOE of a Participating State, an additional PIU may be established in the State Primary Education Board of such Participating State. 4. The Borrower shall implement carry out the Project or cause the Project to be implemented in accordance with the Project Implementation Manual and the Financial Management said Manual, and, except . Except as the Association shall otherwise agree, the Borrower Recipient shall not amend, abrogate amend or waive any provision thereof whichof the Operational Manual if, in the opinion of the Association, such amendment or waiver may materially and adversely affect the implementation carrying out of the Project or the achievement of the objectives of the Projectthereof. 52. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower The Recipient shall, and shall cause each of the Participating States to: (a) open maintain a PMT within MoH for the overall coordination and maintain accounts in Naira in a commercial bank acceptable to management of the Association on terms Project, and conditions ensure that the PMT is adequately staffed with individuals having qualifications and experience satisfactory to the Association (throughout the “Project Accounts”); (b) promptly thereafter, make an initial deposit equivalent to $250,000 into the Project Account, and cause each Participating State to make an initial deposit equivalent to $100,000 into said Participating State's Project Account, to finance the Participating State's contribution to the costs of the Project for the first year; (c) thereafter deposit into each such Project Account, on a quarterly basis, the amount required to replenish said Project Account up to the Borrower's and Participating State’s contribution to the costs implementation of the Project; and (db) use ensure that a project coordinator, a finance officer, an accountant, a procurement officer and a technical officer, all suitably qualified and experienced and acceptable to the funds in said Project Account exclusively Association, shall be assigned to finance expenditures under the Project and not otherwise financed out PMT throughout the implementation of the proceeds of the CreditProject. 63. The Borrower Recipient shall implement, in a manner satisfactory to the Association, the environmental mitigation, monitoring and other measures set forth in the Infection Control and Health Care Waste Management Plan in accordance with the objectives, policies, procedures, time schedule and other provisions set forth therein, and shall not take or permit to be taken any action which would prevent or interfere with such implementation. 4. The Recipient shall ensure that Innovation Grants: (a) under Sub-Projects shall be made to NGOs, CBOs, or other entities, as the case may be, in accordance with the Operational Manual, with terms and conditions satisfactory to the Association, including those set forth in Schedule 6 to this Agreement; and (b) under Workplans shall be made to Line Ministries and Agencies, and Dzongkhags, in accordance with the Operational Manual, with terms and conditions satisfactory to the Association. 5. The Recipient shall: (a) not later than October 30 maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in each year, furnish accordance with indicators satisfactory to the Association for review Association, the carrying out of the Project and comments a draft annual work program and training program and supporting budget for the succeeding calendar year for achievement of the Federal Government and each Participating Stateobjectives thereof; (b) not later than November 30 prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about December 31, 2006, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in each year: the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and (ic) review with the Association the documents referred to in paragraph (a) above; (ii) identify implementation issues and propose appropriate solutions; and (iii) update Project timetables and performance indicators; (c) not Association, by March 31, 2007, or such later than March 31 in each year, furnish to date as the Association for its comments and final approval shall request, the work program and budgets referred to in paragraph (a) hereof, as such programs and budgets shall have been revised to the satisfaction of the Association in the course of the review report referred to in paragraph (b) hereof; of this Section, and (d) except as , thereafter, take all measures required to ensure the Association shall otherwise agree, carry out efficient completion of the Project in and the year in question achievement of the objectives thereof, based on the basis conclusions and recommendations of the said work program report and budget as so revised. (a) Subprojects shall be selected in accordance with the procedures, guidelines, eligibility criteria and other provisions set forth in detail in the Project Implementation Manual and outlined hereunder. The responsible PCU in a Participating State shall submit summaries of all Subprojects to the Association, including data on any resettlement. Subprojects shall be implemented in accordance with due diligence and efficiency and in accordance with sound administrative, financial, technical and environmental standards; Subprojects shall be carried out in accordance with the following: the calling for proposals for Subprojects to enable schools and communities to present within a specified time-frame assessable project proposals; the collection, collation, and appraisal of proposals for Subprojects at the State and local levels; the forwarding of recommendations on successful proposals through the UBE National Coordinator to the Association; training and familiarization of the local communities ’s views on the procedures and other contents of the implementation manual; compensation for any resettlement in accordance with the Resettlement Policy Framework; the release of funds for approved Subprojects in two installments, the second release upon completion of 80% of the Subproject; and the carrying out of a midterm review and final monitoring and evaluation of the Subprojectmatter.

Appears in 1 contract

Samples: Development Grant Agreement

Implementation Program. (a) 1. The Borrower shall cause FMOE to maintain NETCOM in form and with functionsRecipient shall, staffing and resources satisfactory to the Association. (b) NETCOM shall meet at least once every quarter and its membership shall include the Federal Minister for purposes of Education or his representative as chairman, and representatives of FMOE, UBE, Participating States, and participating Federal agencies. (a) The Borrower shall maintain the NPCU, headed by a National Project Coordinator, and include an accountant, internal auditor, a procurement officer, and technical staff, all with qualifications and experience satisfactory to the Association. (b) The NPCU shall be responsible for overall coordination of Project implementation at the Federal level. Staff shall be assigned to the NPCU for the duration of Project implementation and shall not be replaced without informing the Association. (c) The NPCU shall: (i) prepare for the Project, monthly and quarterly financial reports maintain the Operational Manual in form and substance satisfactory to the Association; and (ii) promptly thereafter furnish said reports to the Association. (d) The UBE National Coordinator will be responsible for monitoring Project implementation at the State level, and for providing technical assistance with Project management, financial management and procurement. 3. For the purpose of ensuring the proper execution of the Project, the Borrower shall cause each Participating State to maintain: (a) a UBE Advisory Committee; (b) a PCU to coordinate Project implementation in the respective Participating State, headed by a Project coordinator with qualifications and experience satisfactory to the Association, assisted by a project accountant, technical specialists for implementation, a procurement officer, all with qualifications and terms of reference satisfactory to the Association; (c) when a PCU is located in the MOE of a Participating State, an additional PIU may be established in the State Primary Education Board of such Participating State. 4. The Borrower shall implement carry out the Project or cause the Project to be implemented in accordance with the Project Implementation Manual and the Financial Management said Manual, and, except . Except as the Association shall otherwise agree, the Borrower Recipient shall not amend, abrogate amend or waive any provision thereof whichof the Operational Manual if, in the opinion of the Association, such amendment or waiver may materially and adversely affect the implementation carrying out of the Project or the achievement of the objectives of the Projectthereof. 52. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower The Recipient shall, and shall cause each of the Participating States to: (a) open maintain a PMT within MoH for the overall coordination and maintain accounts in Naira in a commercial bank acceptable to management of the Association on terms Project, and conditions ensure that the PMT is adequately staffed with individuals having qualifications and experience satisfactory to the Association (throughout the “Project Accounts”); (b) promptly thereafter, make an initial deposit equivalent to $250,000 into the Project Account, and cause each Participating State to make an initial deposit equivalent to $100,000 into said Participating State's Project Account, to finance the Participating State's contribution to the costs of the Project for the first year; (c) thereafter deposit into each such Project Account, on a quarterly basis, the amount required to replenish said Project Account up to the Borrower's and Participating State’s contribution to the costs implementation of the Project; and (db) use ensure that a project coordinator, a finance officer, an accountant, a procurement officer and a technical officer, all suitably qualified and experienced and acceptable to the funds in said Project Account exclusively Association, shall be assigned to finance expenditures under the Project and not otherwise financed out PMT throughout the implementation of the proceeds of the CreditProject. 63. The Borrower Recipient shall implement, in a manner satisfactory to the Association, the environmental mitigation, monitoring and other measures set forth in the Infection Control and Health Care Waste Management Plan in accordance with the objectives, policies, procedures, time schedule and other provisions set forth therein, and shall not take or permit to be taken any action which would prevent or interfere with such implementation. The Recipient shall ensure that Innovation Grants: under Sub-Projects shall be made to NGOs, CBOs, or other entities, as the case may be, in accordance with the Operational Manual, with terms and conditions satisfactory to the Association, including those set forth in Schedule 6 to this Agreement; and under Workplans shall be made to Line Ministries and Agencies, and Dzongkhags, in accordance with the Operational Manual, with terms and conditions satisfactory to the Association. 5. The Recipient shall: (a) not later than October 30 maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in each year, furnish accordance with indicators satisfactory to the Association for review Association, the carrying out of the Project and comments a draft annual work program and training program and supporting budget for the succeeding calendar year for achievement of the Federal Government and each Participating Stateobjectives thereof; (b) not later than November 30 prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about December 31, 2006, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in each year: the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; and (ic) review with the Association the documents referred to in paragraph (a) above; (ii) identify implementation issues and propose appropriate solutions; and (iii) update Project timetables and performance indicators; (c) not Association, by March 31, 2007, or such later than March 31 in each year, furnish to date as the Association for its comments and final approval shall request, the work program and budgets referred to in paragraph (a) hereof, as such programs and budgets shall have been revised to the satisfaction of the Association in the course of the review report referred to in paragraph (b) hereof; of this Section, and (d) except as , thereafter, take all measures required to ensure the Association shall otherwise agree, carry out efficient completion of the Project in and the year in question achievement of the objectives thereof, based on the basis conclusions and recommendations of the said work program report and budget as so revised. (a) Subprojects shall be selected in accordance with the procedures, guidelines, eligibility criteria and other provisions set forth in detail in the Project Implementation Manual and outlined hereunder. The responsible PCU in a Participating State shall submit summaries of all Subprojects to the Association, including data on any resettlement. Subprojects shall be implemented in accordance with due diligence and efficiency and in accordance with sound administrative, financial, technical and environmental standards; Subprojects shall be carried out in accordance with the following: the calling for proposals for Subprojects to enable schools and communities to present within a specified time-frame assessable project proposals; the collection, collation, and appraisal of proposals for Subprojects at the State and local levels; the forwarding of recommendations on successful proposals through the UBE National Coordinator to the Association; training and familiarization of the local communities ’s views on the procedures and other contents of the implementation manual; compensation for any resettlement in accordance with the Resettlement Policy Framework; the release of funds for approved Subprojects in two installments, the second release upon completion of 80% of the Subproject; and the carrying out of a midterm review and final monitoring and evaluation of the Subprojectmatter.

Appears in 1 contract

Samples: Development Grant Agreement

Implementation Program. (a) The Borrower shall cause FMOE to maintain NETCOM in form and with functions, staffing and resources satisfactory to the Association. (b) NETCOM shall meet at least once every quarter and its membership shall include the Federal Minister of Education or his representative as chairman, and representatives of FMOE, UBE, Participating States, and participating Federal agencies. (a) The Borrower shall maintain the NPCU, headed by a National Project Coordinator, and include an accountant, internal auditor, a procurement officer, and technical staff, all with qualifications and experience satisfactory to the Association. (b) The NPCU shall be responsible for overall coordination of Project implementation at the Federal level. Staff shall be assigned to the NPCU for the duration of Project implementation and shall not be replaced without informing the Association. (c) The NPCU shall: (i) prepare for the Project, monthly and quarterly financial reports in form and substance satisfactory to the Association; and (ii) promptly thereafter furnish said reports to the Association. (d) The UBE National Coordinator will be responsible for monitoring Project implementation at the State level, and for providing technical assistance with Project management, financial management and procurement. 3. For the purpose of ensuring the proper execution of the Project, the Borrower shall cause each Participating State to maintain: (a) a UBE Advisory Committee; (b) a PCU to coordinate Project implementation in the respective Participating State, headed by a Project coordinator with qualifications and experience satisfactory to the Association, assisted by a project accountant, technical specialists for implementation, a procurement officer, all with qualifications and terms of reference satisfactory to the Association; (c) when a PCU is located in the MOE of a Participating State, an additional PIU may be established in the State Primary Education Board of such Participating State. 4. The Borrower shall implement carry out the Project or cause the Project to be implemented in accordance with the Project Implementation Manual and the Financial Management Manual, Plan and, except as the Association shall otherwise agree, the Borrower shall not amend, abrogate amend or waive any provision thereof whichof the Project Implementation Plan if, in the opinion of the Association, such amendment or waiver may materially and adversely affect the implementation carrying out of the Project or the achievement of the objectives of the Projectthereof. 5. Without limitation to its obligations under Section 3.01 of this Agreement, the Borrower shall, and shall cause each of the Participating States to: (a) open and maintain accounts in Naira in a commercial bank acceptable to the Association on terms and conditions satisfactory to the Association (the “Project Accounts”); (b) promptly thereafter, make an initial deposit equivalent to $250,000 into the Project Account, and cause each Participating State to make an initial deposit equivalent to $100,000 into said Participating State's Project Account, to finance the Participating State's contribution to the costs of the Project for the first year; (c) thereafter deposit into each such Project Account, on a quarterly basis, the amount required to replenish said Project Account up to the Borrower's and Participating State’s contribution to the costs of the Project; and (d) use the funds in said Project Account exclusively to finance expenditures under the Project and not otherwise financed out of the proceeds of the Credit. 6. The Borrower shall: (a) not later than October 30 in each year, furnish to the Association for review and comments a draft annual work program and training program and supporting budget for the succeeding calendar year for the Federal Government and each Participating State; (b) not later than November 30 in each year: (i) review with maintain each of the Association following in a form and substance satisfactory to the documents referred to in paragraph (a) aboveAssociation, namely, the Environmental Framework, the Environmental Code of Practice, the Environmental Framework Management Plans, the Resettlement Framework, the Resettlement Action Plans, the Indigenous Peoples’ Development Plans; and (ii) identify implementation issues and propose appropriate solutions; and (iii) update Project timetables and performance indicators; (c) not later than March 31 in each year, furnish to the Association for its comments and final approval the work program and budgets referred to in paragraph (a) hereof, as such programs and budgets shall have been revised to the satisfaction of the Association in the course of the review referred to in paragraph (b) hereof; and (d) except as the Association shall otherwise agree, carry out the Project in the year in question on the basis of implement the said work program Frameworks and budget as so revised. (a) Subprojects shall be selected Plans in accordance with the objectives, policies, procedures, guidelines, eligibility criteria time schedules and other provisions set forth in detail in the Project Implementation Manual Frameworks and outlined hereunder. Plans. (c) The responsible PCU in a Participating State Borrower shall submit summaries of all Subprojects to implement the Association, including data on any resettlement. Subprojects shall be implemented in accordance with due diligence and efficiency and in accordance with sound administrative, financial, technical and environmental standards; Subprojects shall be carried out Institutional Strengthening Action Plan (ISAP) in accordance with the following: the calling for proposals for Subprojects to enable schools guidelines and communities to present within a specified time-frame assessable project proposals; the collection, collation, and appraisal of proposals for Subprojects at the State and local levels; the forwarding of recommendations on successful proposals through the UBE National Coordinator to methodology agreed with the Association; training and familiarization . (d) The Borrower shall refrain from taking any action which shall prevent or interfere with the implementation of the local communities on Frameworks and Plans and the procedures Institutional Strengthening Action Plan. (e) The Borrower shall take such action as may be necessary to acquire as and other contents when necessary land needed for the carrying out of the implementation manual; compensation for any resettlement Project and shall do so in accordance with the Resettlement Policy Framework; . (a) The Borrower shall starting from FY 2005/2006 and for the release duration of the Project endeavor to provide in its Revenue Account funds for approved Subprojects in two installments, the second release upon completion of 80adequate to cover at least 20% of the Subprojecttraining budget for LGED. (b) The Borrower shall endeavor to increase by at least 5% in real terms starting from FY2004/2005 and for the duration of the Project funds needed to cover the estimated annual maintenance expenditures of the LGED managed portion of the road network. (c) The Borrower shall starting from FY2004/2005 furnish to the Association details of the amounts allocated to LGED in the Annual Development Program within 30 days of approval of the Annual Development Program. (a) The Borrower shall: (i) continue to conduct annual monitoring of the environmental impacts of Project implementation for at least the two years immediately following the Closing Date; and (ii) employ not later than the carrying out Closing Date qualified consultants to complete an independent impact evaluation report with respect to the implementation of the Resettlement Framework, the Resettlement Action Plans and the Indigenous Peoples’ Development Plans, and the outcomes thereof, all in accordance with time schedules and format agreed with the Association. (b) Subject to the provisions in the second sentence of this subparagraph (b), the Borrower shall finance and implement only those improvement works on Upazila Roads that have been identified and listed in the Project Implementation Plan. Any additional and/or replacement Upazila Roads improvement works may only be financed and/or implemented by the Borrower if such works have, to the satisfaction of the Association, been assessed in terms of techno-economic feasibility and screened for social and environmental impacts. (c) The Borrower shall no later than 45 days after the end of each calendar quarter provide the Association with a midterm review Quarterly Progress Report on the implementation of the Project as specified in the Project Implementation Plan. (a) The Borrower shall establish no later than June 30, 2003, and final thereafter maintain a Steering Committee in a form and with functions, membership, staffing and resources satisfactory to the Association. The Chairman of the Steering Committee shall be the Secretary of the Local Government Division of the Borrower’s Ministry of Local Government, Rural Development and Cooperatives. The Steering Committee shall be responsible for the overall coordination of the Project. (b) The Borrower shall establish no later than June 30, 2003, and thereafter maintain within LGED a Program Management Unit in a form and with functions, membership, staffing and resources satisfactory to the Association. PMU’s functions shall include: (i) budget preparation and accounting; (ii) receiving and transferring Project funds; (iii) making payments for eligible Project expenditures; (iv) procurement of goods and services; (v) maintenance of books and bank accounts; (vi) monitoring and evaluation cash flow management; (vii) financial reporting to the Borrower, the Association and other stakeholders; and (viii) the implementation of social and environmental aspects of the SubprojectProject. (a) The Borrower shall continue to employ a Project Coordinator with qualifications and experience satisfactory to the Association. The Project Coordinator’s functions shall include: (i) the coordination and supervision of Project activities;

Appears in 1 contract

Samples: Development Credit Agreement

Implementation Program. (a) The Borrower shall cause FMOE to maintain NETCOM in form and with functions, staffing and resources satisfactory to the Association. (b) NETCOM shall meet at least once every quarter and its membership shall include the Federal Minister of Education or his representative as chairman, and representatives of FMOE, UBE, Participating States, and participating Federal agencies. (a) The Borrower shall maintain the NPCU, headed by Project Implementation Plan and the Environmental Management Plan each in a National Project Coordinator, form and include an accountant, internal auditor, a procurement officer, and technical staff, all with qualifications and experience substance satisfactory to the Association. (b) The NPCU shall be responsible for overall coordination of Project implementation at the Federal level. Staff shall be assigned to the NPCU for the duration of Project implementation and shall not be replaced without informing the Association. (c) The NPCU shall: (i) prepare for the Project, monthly and quarterly financial reports in form and substance satisfactory to the Association; and (ii) promptly thereafter furnish said reports to the Association. (d) The UBE National Coordinator will be responsible for monitoring Project implementation at the State level, and for providing technical assistance with Project management, financial management and procurement. 3. For the purpose of ensuring the proper execution of the Project, the Borrower shall cause each Participating State to maintain: (a) a UBE Advisory Committee; (b) a PCU to coordinate Project implementation in the respective Participating State, headed by a Project coordinator with qualifications and experience satisfactory to the Association, assisted by a project accountant, technical specialists for implementation, a procurement officer, all with qualifications and terms of reference satisfactory to the Association; (c) when a PCU is located in the MOE of a Participating State, an additional PIU may be established in the State Primary Education Board of such Participating State. 4. The Borrower shall implement carry out the Project or cause the Project to be implemented in accordance with the Project Implementation Manual Plan and the Financial Environmental Management Manual, Plan and, except as the Association shall otherwise agree, the Borrower shall not amend, abrogate amend or waive any provision thereof whichof the Project Implementation Plan or the Environmental Management Plan if, in the opinion of the Association, such amendment or waiver may materially and adversely affect the implementation carrying out of the Project or the achievement of the objectives of the Projectthereof. 5. Without limitation to its obligations (c) The Borrower shall by June 30, 2004 formulate a strategy and action plan for carrying out IEC activities under Section 3.01 of this Agreementthe Project and, the Borrower shall, and shall cause each of thereafter implement it in a manner satisfactory to the Participating States to:Association. (a) open The Borrower shall no later than October 31, 2003 fully establish and thereafter maintain accounts in Naira MOHFW a Program Coordination Unit in a commercial bank acceptable to the Association on terms form and conditions with functions, membership, staffing and resources satisfactory to the Association Association. PCU shall be under the supervision of the Joint Secretary of MOHFW and its membership shall include: (the “Project Accounts”);i) an IEC/NGO consultant responsible for promoting consumer awareness and knowledge through media and NGO channels; and (ii) a qualified financial specialist and accountants. PCU shall also be assisted by procurement specialists and architects of MOHFW. (b) promptly thereafterThe functions of PCU shall include: (i) coordination of Project activities with other line departments, make an initial deposit equivalent to $250,000 into the Project Account, ministries and cause each Participating State to make an initial deposit equivalent to $100,000 into said Participating State's Project Account, to finance the Participating State's contribution to the costs technical agencies of the Borrower; (ii) preparation of annual action plans; (iii) monitoring and evaluation of Project for the first year; activities; (civ) thereafter deposit into each such financial management; and (v) procurement of Project Account, on a quarterly basis, the amount required to replenish said Project Account up to the Borrower's and Participating State’s contribution to the costs of the Project; and (d) use the funds in said Project Account exclusively to finance expenditures under the Project and not otherwise financed out of the proceeds of the Creditinputs. 63. The Borrower shall: (a) not later than October 30 maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in each year, furnish accordance with the indicators satisfactory to the Association for review Association, the carrying out of the Project and comments a draft annual work program and training program and supporting budget for the succeeding calendar year for achievement of the Federal Government and each Participating Stateobjectives thereof; (b) not later than November 30 furnish to the Association in the month of June of each year: Project Year, a report, of such scope and in such detail as the Association shall reasonably request, on progress made in the carrying out of the Project during the twelve (i12) month period immediately preceding said month of June, such progress to be measured against the indicators referred to in Clause 3 (a) of this Schedule; and (c) review with the Association the documents referred to in paragraph (a) above; (ii) identify implementation issues and propose appropriate solutions; and (iii) update Project timetables and performance indicators; (c) not later than March 31 in each year, furnish to the Association for its comments and final approval the work program and budgets referred to in paragraph (a) hereof, as such programs and budgets shall have been revised to the satisfaction of the Association in the course month of the review referred to July of each Project Year progress made in paragraph (b) hereof; and (d) except as the Association shall otherwise agree, carry out the Project in the year in question on the basis of the said work program and budget as so revised. (a) Subprojects shall be selected in accordance with the procedures, guidelines, eligibility criteria and other provisions set forth in detail in the Project Implementation Manual and outlined hereunder. The responsible PCU in a Participating State shall submit summaries of all Subprojects to the Association, including data on any resettlement. Subprojects shall be implemented in accordance with due diligence and efficiency and in accordance with sound administrative, financial, technical and environmental standards; Subprojects shall be carried out in accordance with the following: the calling for proposals for Subprojects to enable schools and communities to present within a specified time-frame assessable project proposals; the collection, collation, and appraisal of proposals for Subprojects at the State and local levels; the forwarding of recommendations on successful proposals through the UBE National Coordinator to the Association; training and familiarization of the local communities on the procedures and other contents of the implementation manual; compensation for any resettlement in accordance with the Resettlement Policy Framework; the release of funds for approved Subprojects in two installments, the second release upon completion of 80% of the Subproject; and the carrying out of a midterm review the Project and final monitoring and evaluation the attainment of the Subprojectobjectives thereof, such reviews to be based on the reports referred to in subparagraph (b) above; and thereafter take, or cause to be taken, all such action which shall have been agreed upon by the Borrower and the Association during such reviews as necessary for the efficient execution of the Project and the achievement of the objectives thereof. 4. The Borrower shall no later than December 31, 2005, carry out jointly with the Association a Midterm Review of the progress made in carrying out the Project. The Midterm Review shall cover: (i) an assessment of: (A) progress made in carrying out work programs prepared for the Project, (B) training provided under the Project, (C) procurement under the Project, (D) the extent to which the indicators referred to in Clause 3 (a) of this Schedule have been achieved, (E) plans made or proposed for updating said indicators; and (ii) such other Project related matters as the Borrower or the Association shall reasonably request.

Appears in 1 contract

Samples: Development Credit Agreement

Implementation Program. (a) 1. The Borrower shall cause FMOE establish and maintain a Project Steering Committee (PSC) to maintain NETCOM in form be chaired by the Principal Secretary of the Prime Minister’s Office. The PSC shall comprise, inter alia, the Secretaries of the Power Division and with functionsthe EMR, staffing the Economic Relations Division (ERD), the Implementation Monitoring and resources satisfactory to Evaluation Division (IMED), the Association. (b) NETCOM shall meet at least once every quarter and its membership shall include the Federal Minister of Education or his representative as chairmanFinance Division, and representatives the Ministry of FMOE, UBE, Participating StatesEstablishment, and participating Federal agencies. (a) The Borrower shall maintain the NPCUMember in the Planning Commission, headed by a National Project Coordinatorresponsible for Power and Industry, and include an accountant, internal auditor, a procurement officer, and technical staff, all with qualifications and experience satisfactory to the Association. (b) The NPCU shall be responsible for reviewing overall coordination of Project implementation at policy recommendations, and providing overall guidance during the Federal level. Staff shall be assigned to the NPCU for the duration of Project implementation and shall not be replaced without informing the Association. (c) The NPCU shall: (i) prepare for the Project, monthly and quarterly financial reports in form and substance satisfactory to the Association; and (ii) promptly thereafter furnish said reports to the Association. (d) The UBE National Coordinator will be responsible for monitoring Project implementation at the State level, and for providing technical assistance with Project management, financial management and procurement. 3. For the purpose of ensuring the proper execution of the Project, the Borrower shall cause each Participating State to maintain: (a) a UBE Advisory Committee; (b) a PCU to coordinate Project implementation in the respective Participating State, headed by a Project coordinator with qualifications and experience satisfactory to the Association, assisted by a project accountant, technical specialists for implementation, a procurement officer, all with qualifications and terms of reference satisfactory to the Association; (c) when a PCU is located in the MOE of a Participating State, an additional PIU may be established in the State Primary Education Board of such Participating State. 4. The Borrower shall implement the Project or cause the Project to be implemented in accordance with the Project Implementation Manual and the Financial Management Manual, and, except as the Association shall otherwise agree, the Borrower shall not amend, abrogate or waive any provision thereof which, in the opinion of the Association, may materially and adversely affect the implementation of the Project or the achievement of the objectives of the Project. 52. Without limitation The Borrower shall establish and maintain a Task Force for the Project to its obligations under Section 3.01 be headed by the Secretary, Power Division (MPEMR) and including the Chairpersons of this AgreementBPDB, DESA and REB, the Borrower shallManaging Director of PGCB, the Division Chief (Power and shall cause each Industry) of the Participating States to: Planning Commission, the Director General (aIndustry and Energy) open in IMED, the concerned Additional/Joint Secretary of ERD, the Joint Secretaries of Finance Division and maintain accounts in Naira in a commercial bank acceptable to the Association on terms and conditions satisfactory to the Association (the “Project Accounts”); (b) promptly thereafter, make an initial deposit equivalent to $250,000 into the Project Account, and cause each Participating State to make an initial deposit equivalent to $100,000 into said Participating State's Project Account, to finance the Participating State's contribution to the costs Power Division. The Director General of the Project Power Cell shall act as the member-secretary. The Task Force shall be responsible for reviewing and monitoring the first year; (c) thereafter deposit into each such Project Account, on a quarterly basis, the amount required to replenish said Project Account up to the Borrower's and Participating State’s contribution to the costs progress of implementation of the Project; and (d) use reform program, guiding the funds in said Project Account exclusively to finance expenditures under work of Power Cell and approving the Project work plan, reform proposals and not otherwise financed out performance evaluation of the proceeds of the CreditPower Cell. 63. The Borrower shall: (a) not later than October 30 maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in each yearaccordance with the indicators set forth in Schedule 6 to this Agreement, furnish to the Association for review carrying out of the Project and comments a draft annual work program and training program and supporting budget for the succeeding calendar year for achievement of the Federal Government and each Participating Stateobjectives thereof; (b) not later than November 30 in each year: (i) review with prepare, under terms of reference satisfactory to the Association Association, and furnish to the documents referred Association, on or about February 28, 2006, a report integrating the results of the monitoring and evaluation activities performed pursuant to in paragraph (a) above, on the progress achieved in the carrying out of the Project during the period preceding the date of said report and setting out the measures recommended to ensure the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date; (ii) identify implementation issues and propose appropriate solutions; and (iii) update Project timetables and performance indicators;and (c) not review with the Association, by March 31, 2006, or such later than March 31 in each year, furnish to date as the Association for its comments and final approval shall request, the work program and budgets referred to in paragraph (a) hereof, as such programs and budgets shall have been revised to the satisfaction of the Association in the course of the review report referred to in paragraph (b) hereof; above, and (d) except as , thereafter, take all measures required to ensure the Association shall otherwise agree, carry out efficient completion of the Project in and the year in question achievement of the objectives thereof, based on the basis conclusions and recommendations of the said work program report and budget as so revisedthe Association’s views on the matter. 4. The Petrobangla Subsidiary Grant Agreement and the ERC Subsidiary Grant Agreement shall, inter alia, include the obligation of Petrobangla and ERC respectively regarding the following: (a) Subprojects shall be selected in accordance with the procedures, guidelines, eligibility criteria and other provisions set forth in detail in obligation to: (i) take all measures necessary to ensure that the Project Implementation Manual and outlined hereunder. The responsible PCU in a Participating State shall submit summaries of all Subprojects to the Association, including data on any resettlement. Subprojects shall be implemented in accordance is carried out with due diligence and efficiency and in accordance with sound appropriate administrative, financial, technical and environmental standards; Subprojects shall be carried out in accordance financial practices, (ii) comply with the following: record keeping, auditing and reporting requirements set forth in Article 4.02 of the calling for proposals for Subprojects to enable schools and communities to present within a specified time-frame assessable project proposals; the collection, collationDevelopment Financing Agreement, and appraisal (iii) employ an independent auditor under terms of proposals for Subprojects at the State and local levels; the forwarding of recommendations on successful proposals through the UBE National Coordinator reference acceptable to the Association; training ; (b) the obligation to promptly inform the Borrower and familiarization the Association of any condition which interferes, or threatens to interfere, with: (i) the progress of the local communities on Project, (ii) the procedures and other contents accomplishment of the implementation manual; compensation for any resettlement in accordance purposes of the Credit and Grant, and (iii) the performance of their obligations under the Petrobangla Subsidiary Grant Agreement and the ERC Subsidiary Grant Agreement; (c) the obligation to provide to the Association and the Borrower, not later than two, months after the Closing Date, a report complying with the Resettlement Policy Framework; the release of funds for approved Subprojects in two installments, the second release upon completion of 80% requirements of the Subprojectcompletion report required under Section 9.06 (c) of the General Conditions; and (d) the obligation to refund to the Borrower any proceeds from the Financing not used for purposes of carrying out the Project, unless the Borrower and the carrying out of a midterm review and final monitoring and evaluation of the SubprojectAssociation shall otherwise agree.

Appears in 1 contract

Samples: Development Financing Agreement

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