Common use of Implementation Program Clause in Contracts

Implementation Program. 1. The Borrower shall maintain, until completion of the Project, a Program Steering Committee established within the Ministry of Finance, chaired by the Chief Executive Officer of the Ministry of Finance and comprising of representatives, inter alia, the Ministry of Works, Transport and Infrastructure, Ministry of Natural Resources and Environment, Ministry for Women, Community, and Social Development and community, including two deputy chairpersons, with terms of reference satisfactory to the Association and assigned with such funds, responsibilities and resources as shall be required to enable it to provide overall guidance in the carrying out of the Project, review the progress of Project implementation, assist in achieving the Project objectives and complying with the terms and conditions of this Agreement. 2. The Borrower shall establish and maintain, until completion of the Project, the Project Management Team within the Ministry of Finance, headed by a Project manager, provided with sufficient resources and such responsibilities and funding as shall be required to enable it to carry out the day-to-day management, monitoring and coordination of procurement, accounting, disbursement, financial management and other Project related activities, and reporting to the Program Steering Committee, and staffed with competent personnel in adequate numbers, all under terms of reference acceptable to the Association. 3. The Borrower shall: maintain until completion of the Project, a financial management system for the Project, acceptable to the Association; and not abrogate, amend, assign, repeal, suspend or waive any provisions of the financial management manual without the prior agreement of the Association. 4. The Borrower shall, by March 31, 2005, appoint an independent auditor acceptable to the Association, under terms of reference satisfactory to the Association, to carry out annual audits of Project accounts and financial statements in accordance with the provisions of Section 4.01 of this Agreement. 5. For purposes of carrying out Parts A and B of the Project, the Borrower shall select Project sites in accordance with criteria acceptable to the Association, and, thereafter, implement the respective Parts of the Project in a manner and substance satisfactory to the Association. 6. The Borrower shall: prepare, adopt and thereafter apply the Operational Manual, satisfactory to the Association, as such manual may be amended from time to time with the prior agreement of the Association, in the implementation of Part A(4) of the Project, which Operational Manual shall provide, inter alia, for: (i) procedure and criteria for selection of Beneficiaries; (ii) appraisal criteria for design and screening for the carrying out of measures to mitigate risks from natural hazards; (iii) terms and conditions governing the Sub-grant Agreements; (iv) procurement procedures for goods, works and services to be financed out of the proceeds of the Sub-grants; (v) process for monitoring implementation; and (vi) financial management and disbursement arrangements; and not abrogate, amend, assign, repeal, suspend or waive any of the provisions of the Operational Manual without the prior agreement of the Association. 7. For purposes of the carrying out of Part A(4) of the Project, the Borrower shall enter into a Sub-grant Agreement with each Beneficiary on terms and conditions satisfactory to the Association; and shall not abrogate, amend, assign, repeal, suspend or waive any of the provisions of the Sub-grant Agreement without the prior agreement of the Association. 8. The Borrower shall: (a) carry out the Project in accordance with the provisions of the Environmental Policy Framework and the Land Acquisition and Resettlement Framework, as the case may be; and (b) not abrogate, amend, assign, repeal, suspend or waive the provisions of the Environmental Policy Framework and the Land Acquisition and Resettlement Framework without the prior agreement of the Association. 9. The Borrower shall, by June 30, 2004, authorize the implementing agencies under this Project to approve changes to contracts for civil works up to 10% of the initial contract price (including provisional sum and allowance for dayworks), notwithstanding any law or regulation requirement in this regard in effect at the time of issuance of said authorization. 10. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with indicators set forth in Schedule 6 to this Agreement, the carrying out of the 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 June 30, 2005, a report 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 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 (c) review with the Association, by September 30, 2005, 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. 11. The Borrower shall, through its Ministry of Works, Transport and Infrastructure: (a) establish and maintain a database, satisfactory to the Association, to record main procedures taken in handling requests for shoreline protection or other coastal works, including: (i) verification against the relevant Coastal and Infrastructure Management Plan; (ii) site investigation; (iii) recommendation of proper treatment of the concerned request; (iv) cost estimates; and (v) environmental impacts category; and (b) prepare a report every six months, beginning on July 31, 2004, on all shoreline protection works commenced within the last six months, including information on location, type of works, size, relevant Coastal Infrastructure Management Plan, required environmental clearances, and cost estimates upon works completion; and thereafter submit said report to the Association for review and comments. 12. The Borrower shall apply the draft EIA Regulations, the Interim Codes of Environmental Practice and any successor thereto, and any Coastal Infrastructure Management Plan as a Sustainable Management Plan referred to in the Borrower’s Planning and Urban Management Act (2004), to all works under the Project, all in a manner and substance, satisfactory to the Association.

Appears in 1 contract

Samples: Development Financing Agreement

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Implementation Program. 1. The Borrower shall maintainimplement the Project in accordance with the procedures, until completion guidelines, timetables and criteria set forth in the PIM and, except as the Association shall otherwise agree, the Borrower shall not amend or waive any provision of said PIM if, in the opinion of the Association, such amendment or waiver may materially and adversely affect the implementation of the Project, a Program Steering Committee established within the Ministry of Finance, chaired by the Chief Executive Officer of the Ministry of Finance and comprising of representatives, inter alia, the Ministry of Works, Transport and Infrastructure, Ministry of Natural Resources and Environment, Ministry for Women, Community, and Social Development and community, including two deputy chairpersons, with terms of reference satisfactory to the Association and assigned with such funds, responsibilities and resources as shall be required to enable it to provide overall guidance in the carrying out of the Project, review the progress of Project implementation, assist in achieving the Project objectives and complying with the terms and conditions of this Agreement. 2. The Borrower shall establish and maintain, until completion of the Project, the Project Management Team within the Ministry of Finance, headed by a Project manager, provided with sufficient resources and such responsibilities and funding as shall be required to enable it to carry out the day-to-day management, monitoring and coordination of procurement, accounting, disbursement, financial management and other Project related activities, and reporting to the Program Steering Committee, and staffed with competent personnel in adequate numbers, all under terms of reference acceptable to the Association. 3. The Borrower shall: maintain until completion of the Project, a financial management system for the Project, acceptable to the Association; and not abrogate, amend, assign, repeal, suspend or waive any provisions of the financial management manual without the prior agreement of the Association. 4. The Borrower shall, by March 31, 2005, appoint an independent auditor acceptable to the Association, under terms of reference satisfactory to the Association, to carry out annual audits of Project accounts and financial statements in accordance with the provisions of Section 4.01 of this Agreement. 5. For purposes of carrying out Parts A and B of the Project, the Borrower shall select Project sites in accordance with criteria acceptable to the Association, and, thereafter, implement the respective Parts of the Project in a manner and substance satisfactory to the Association. 6. The Borrower shall: prepare, adopt and thereafter apply the Operational Manual, satisfactory to the Association, as such manual may be amended from time to time with the prior agreement of the Association, in the implementation of Part A(4) of the Project, which Operational Manual shall provide, inter alia, for: (i) procedure and criteria for selection of Beneficiaries; (ii) appraisal criteria for design and screening for the carrying out of measures to mitigate risks from natural hazards; (iii) terms and conditions governing the Sub-grant Agreements; (iv) procurement procedures for goods, works and services to be financed out of the proceeds of the Sub-grants; (v) process for monitoring implementation; and (vi) financial management and disbursement arrangements; and not abrogate, amend, assign, repeal, suspend or waive any of the provisions of the Operational Manual without the prior agreement of the Association. 7. For purposes of the carrying out of Part A(4) of the Project, the Borrower shall enter into a Sub-grant Agreement with each Beneficiary on terms and conditions satisfactory to the Association; and shall not abrogate, amend, assign, repeal, suspend or waive any of the provisions of the Sub-grant Agreement without the prior agreement of the Association. 8. The Borrower shall: (a) carry out the Project in accordance with the provisions of the Environmental Policy Framework and the Land Acquisition and Resettlement Framework, as the case may be; and (b) not abrogate, amend, assign, repeal, suspend or waive the provisions of the Environmental Policy Framework and the Land Acquisition and Resettlement Framework without the prior agreement of the Association. 9. The Borrower shall, by June 30, 2004, authorize the implementing agencies under this Project to approve changes to contracts for civil works up to 10% of the initial contract price (including provisional sum and allowance for dayworks), notwithstanding any law or regulation requirement in this regard in effect at the time of issuance of said authorization. 10. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with the performance indicators set forth in Schedule 6 to this Agreement, the carrying out of the Project and the achievement of the objectives thereof;Project. (b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, on or about June 30, 2005, a report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) By October 31 of this Sectioneach year, commencing on October 31, 2004 or such later date as the Association may agree, until the completion of the Project, the Borrower and the Association shall carry out an annual review of the Project (hereinafter called the Annual Review); such Annual Review shall cover the progress achieved in the carrying execution of the Project and, inter alia, review the information furnished in accordance with paragraph 2 of this Schedule, and work programs to be carried out of under the Project during the period preceding following FY. (b) Following such Annual Review the date of Borrower shall carry out said report work programs in accordance with modalities and setting out procedures approved by the measures recommended Association and in accordance with the PIM, and shall not make any material change to ensure the efficient carrying out approved programs without the prior approval of the Project and the achievement of the objectives thereof during the period following such date; andAssociation. (ca) review with the Association, by Not later than September 30, 2005, or such other date as the Borrower and the Association shall agree upon, the Borrower and the Association shall carry out a mid-term review (the Midterm Review); such Midterm Review shall cover the progress achieved in the implementation of the Project. (b) Not later date than one month prior to the Midterm Review, the Borrower shall furnish to the Association for its review and comments, a report, in such detail as the Association shall reasonably request, on the report referred implementation of the Project. (c) Following such Midterm Review, the Borrower shall act promptly and diligently in order to take any corrective action deemed necessary by the Association to remedy any shortcoming noted in paragraph (b) of this Section, and, thereafter, take all measures required to ensure the efficient completion implementation of the Project and the achievement Program, as the case may be, or to implement such other measures as may have been agreed upon between the Borrower and the Association in furtherance of the objectives thereof, based on the conclusions and recommendations of the said report and the Association’s views on the matterProject. 115. The Borrower shall: Not later than November 30 of each year, through its Ministry of Works, Transport and Infrastructure: (a) establish and maintain a database, satisfactory to the Association, to record main procedures taken in handling requests for shoreline protection or other coastal works, including: (i) verification against the relevant Coastal and Infrastructure Management Plan; (ii) site investigation; (iii) recommendation of proper treatment of the concerned request; (iv) cost estimates; and (v) environmental impacts category; and (b) prepare a report every six months, beginning on July 31, 2004, on all shoreline protection works commenced within the last six months, including information on location, type of works, size, relevant Coastal Infrastructure Management Plan, required environmental clearances, and cost estimates upon works completion; and thereafter submit said report to the Association for its review and comments. 12. The Borrower shall apply comments a draft MTEF report; take into account the draft EIA Regulations, comments and recommendations made by the Interim Codes of Environmental Practice and any successor thereto, and any Coastal Infrastructure Management Plan Association with a view to adjusting budgetary allocations for the education sector to levels acceptable to the Association as a Sustainable Management Plan required to achieve the performance indicators referred to in the Borrower’s Planning and Urban Management Act (2004), Schedule 6 to all works under the Project, all in a manner and substance, satisfactory to the Association.this Agreement;

Appears in 1 contract

Samples: Development Credit Agreement

Implementation Program. 1. The Borrower shall maintain, until completion of the Project, a Program Steering Committee established within the Ministry of Finance, chaired by the Chief Executive Officer of the Ministry of Finance and comprising of representatives, inter alia, the Ministry of Works, Transport and Infrastructure, Ministry of Natural Resources and Environment, Ministry for Women, Community, and Social Development and community, including two deputy chairpersons, with terms of reference satisfactory to the Association and assigned with such funds, responsibilities and resources as shall be required to enable it to provide overall guidance in the carrying out of the Project, review the progress of Project implementation, assist in achieving the Project objectives and complying with the terms and conditions of this Agreement. 2. The Borrower shall establish and maintain, until completion of the Project, the Project Management Team within the Ministry of Finance, headed by a Project manager, provided with sufficient resources and such responsibilities and funding as shall be required to enable it to carry out the day-to-day management, monitoring and coordination of procurement, accounting, disbursement, financial management and other Project related activities, and reporting to the Program Steering Committee, and staffed with competent personnel in adequate numbers, all under terms of reference acceptable to the Association. 3. The Borrower shall: maintain until completion of the Project, a financial management system for the Project, acceptable to the Association; and not abrogate, amend, assign, repeal, suspend or waive any provisions of the financial management manual without the prior agreement of the Association. 4. The Borrower shall, by March 31, 2005, appoint an independent auditor acceptable to the Association, under terms of reference satisfactory to the Association, to carry out annual audits of Project accounts and financial statements in accordance with the provisions of Section 4.01 of this Agreement. 5. For purposes of carrying out Parts A and B of the Project, the Borrower shall select Project sites in accordance with criteria acceptable to the Association, and, thereafter, implement the respective Parts of the Project in a manner and substance satisfactory to the Association. 6. The Borrower shall: prepare, adopt and thereafter apply the Operational Manual, satisfactory to the Association, as such manual may be amended from time to time with the prior agreement of the Association, in the implementation of Part A(4) of the Project, which Operational Manual shall provide, inter alia, for: (i) procedure and criteria for selection of Beneficiaries; (ii) appraisal criteria for design and screening for the carrying out of measures to mitigate risks from natural hazards; (iii) terms and conditions governing the Sub-grant Agreements; (iv) procurement procedures for goods, works and services to be financed out of the proceeds of the Sub-grants; (v) process for monitoring implementation; and (vi) financial management and disbursement arrangements; and not abrogate, amend, assign, repeal, suspend or waive any of the provisions of the Operational Manual without the prior agreement of the Association. 7. For purposes of the carrying out of Part A(4) of the Project, the Borrower shall enter into a Sub-grant Agreement with each Beneficiary on terms and conditions satisfactory to the Association; and shall not abrogate, amend, assign, repeal, suspend or waive any of the provisions of the Sub-grant Agreement without the prior agreement of the Association. 8. The Borrower shall: (a) carry out the Project in accordance with the provisions of the Environmental Policy Framework and the Land Acquisition and Resettlement Framework, as the case may be; and (b) not abrogate, amend, assign, repeal, suspend or waive the provisions of the Environmental Policy Framework and the Land Acquisition and Resettlement Framework without the prior agreement of the Association. 9. The Borrower shall, by June 30, 2004, authorize the implementing agencies under this Project to approve changes to contracts for civil works up to 10% of the initial contract price (including provisional sum and allowance for dayworks), notwithstanding any law or regulation requirement in this regard in effect at the time of issuance of said authorization. 10. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with indicators agreed with the Association set forth in Schedule 6 to this Agreementthe Supplemental Letter, the carrying out of the 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 June September 30, 20052004, or such later date as the Association shall request, a report 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 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; (c) review with the Association, by September 30October 31, 20052004, 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. 11. The Borrower shall, through its Ministry of Works, Transport and Infrastructure:; (ad) establish and maintain a databaseprepare, under terms of reference satisfactory to the Association, and furnish to record main procedures taken the Association, on or about December 31, 2004, or such later date as the Association shall request, a mid-term report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph (a) of this Section, on the progress achieved in handling requests 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; (e) review with the Association, by February 28, 2005, or such later date as the Association shall request, the report referred to in paragraph (d) 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; and (f) as part of the mid-term review mentioned in paragraph (d) above, the Association may require the Borrower to prepare an action plan satisfactory to the Association, with the adjustments necessary for shoreline protection the efficient carrying out of the Project and the achievement of the objectives thereof during the period following such date. In such event, the Borrower shall not later than thirty (30) days after the conclusion of each such review, or other coastal workssuch later date as the Association shall request, furnish to the Association said action plan, and shall thereafter carry out or cause to be carried out, such action plan in accordance with its terms. 2. The Borrower shall carry out the Project, or shall cause the Project to be carried out, in accordance with a Project Implementation Plan (PIP) agreed with the Association, said plan to provide key instruments for the execution and coordination of the Project, including: (ia) verification against the relevant Coastal procurement and Infrastructure Management Planfinancial management procedures; (iib) site investigationcriteria for LGU borrowing eligibility and investment project eligibility; (iiic) recommendation of proper treatment of the concerned requestterms and conditions for investment financing; (ivd) cost estimatessupervision of procurement decisions and implementation of local Investment Projects; and (ve) environmental impacts category; and (b) prepare a report every six monthsthe staffing, beginning on July 31, 2004, on all shoreline protection works commenced within the last six months, including information on location, type management and responsibilities of works, size, relevant Coastal Infrastructure Management Plan, required environmental clearances, and cost estimates upon works completion; and thereafter submit said report to the Association for review and commentsMDF. 123. The Borrower shall apply ensure that all measures necessary for the draft EIA Regulations, carrying out of an environmental review as defined in the Interim Codes of Environmental Practice and any successor theretoOperational Manual shall be taken in a timely manner, and any Coastal Infrastructure Management Plan shall include adequate information on the carrying out of such measures as part of PIP referred in paragraph 2 of this Schedule. 4. The Borrower shall ensure that Environmental Impact Assessments shall be carried out in a Sustainable Management Plan timely manner for all Local Investment Projects requiring such Environmental Impact Assessments and shall provide and maintain adequate information on the carrying out of such Environmental Impact Assessments as part of the supervision responsibilities referred to in paragraph 2(d) of this Schedule. 1. For the Borrower’s Planning and Urban Management Act (2004), to all works under the Project, all in a manner and substance, satisfactory to the Association.purposes of this Schedule:

Appears in 1 contract

Samples: Development Credit Agreement

Implementation Program. 1. The Borrower shall maintaincarry out the Project in accordance with the requirements set forth or referred to in the PIP. (i) The Borrower shall take all measures necessary to ensure that the PIU shall be fully operational in a manner satisfactory to the Association by July 15, 2003. (ii) The Borrower shall maintain the PIU until completion of the ProjectProject with staff, a Program Steering Committee established within the Ministry of Financein particular, chaired by the Chief Executive Officer of the Ministry of Finance and comprising of representatives, inter alia, the Ministry of Works, Transport and Infrastructure, Ministry of Natural Resources and Environment, Ministry for Women, Community, and Social Development and community, including two deputy chairpersons, with terms of reference satisfactory to the Association and assigned with such funds, responsibilities and resources as shall be required to enable it to provide overall guidance in the carrying out of the Project, review the progress of Project implementation, assist in achieving the Project objectives and complying with the terms and conditions of this Agreement. 2. The Borrower shall establish and maintain, until completion of the Projectbut not limited to, the Project Management Team within the Ministry of FinanceCoordinator, headed by a Project managerprocurement manager and financial officer, provided with sufficient and resources and such responsibilities and funding as shall be required to enable it to carry out the day-to-day management, monitoring and coordination of procurement, accounting, disbursement, financial management and other Project related activities, and reporting to the Program Steering Committee, and staffed with competent personnel in adequate numbers, all under terms of reference acceptable to the Association. 3. The Borrower shall: maintain until completion of the Project, a financial management system for the Project, acceptable to the Association; and not abrogate, amend, assign, repeal, suspend or waive any provisions of the financial management manual without the prior agreement of the Association. 4. The Borrower shall, by March 31, 2005, appoint an independent auditor acceptable to the Association, under terms of reference satisfactory to the Association, and shall assign to carry out annual audits it responsibility for overall Project management and coordination, including: (a) preparation of Project accounts and financial statements withdrawal applications under the Credit; (b) management of the Special Account referred to in accordance with the provisions of Section 4.01 2.02 (b) of this Agreement; (c) maintenance of records and accounts related to the Project and arranging for the audit thereof; (d) participation in administration of bidding procedures and of contracts under the Project; and (e) preparation of quarterly progress reports and submission thereof to the Borrower and the Association not later than 30 days after the end of each quarter, the first such report to be furnished to the Association not later than December 31, 2003. 53. For purposes of carrying out Parts A The Borrower, through the PIU, shall prepare and B furnish to the Association by November 30 in each year, for its review and concurrence: (a) an annual work program for the Project for the following calendar year, including procurement and financing plans; and (b) an annual progress report. 4. The Borrower shall maintain the Steering Committee until completion of the Project, the Borrower shall select Project sites in accordance with criteria acceptable to the Association, and, thereafter, implement the respective Parts composition and terms of the Project in a manner and substance reference satisfactory to the Association. 65. The Borrower shall: prepare, adopt and thereafter apply the Operational Manual, satisfactory to the Association, as such manual may be amended from time to time with the prior agreement of the Association, in the implementation of Part A(4) of the Project, which Operational Manual shall provide, inter alia, for: (i) procedure and criteria for selection of Beneficiaries; (ii) appraisal criteria for design and screening ensure that all measures necessary for the carrying out of measures to mitigate risks from natural hazards; the Environmental Management Plan shall be taken in a timely manner and in compliance with: (iiia) terms and conditions governing the Sub-grant Agreements; (iv) procurement procedures for goods, works and services to be financed out of the proceeds of the Sub-grants; (v) process for monitoring implementation; and (vi) financial management and disbursement arrangements; and not abrogate, amend, assign, repeal, suspend or waive any of the provisions of the Operational Manual without the prior agreement of the Association. 7. For purposes of the carrying out of Part A(4) of the Project, the Borrower shall enter into a Sub-grant Agreement with each Beneficiary on terms and conditions environmental standards satisfactory to the Association; and shall not abrogate, amend, assign, repeal, suspend or waive any (b) all applicable laws and regulations of the provisions Borrower relating to health, safety and environmental protection, and shall include adequate information on the carrying out of such measures in the Sub-grant Agreement without the prior agreement quarterly progress reports referred to in paragraph 2 (e) of the Associationthis Schedule. 86. The Borrower shallshall ensure that each Participating Apa Canal shall take, in a timely manner, all measures necessary for the carrying out of the Environmental Management Plan with respect to Parts A and C of the Project and in compliance with: (a) carry out environmental standards satisfactory to the Project in accordance with the provisions of the Environmental Policy Framework Association; and the Land Acquisition and Resettlement Framework, as the case may be; and (b) not abrogate, amend, assign, repeal, suspend or waive the provisions all applicable laws and regulations of the Environmental Policy Framework Borrower relating to health, safety and environmental protection, and shall include adequate information on the Land Acquisition and Resettlement Framework without carrying out of such measures in the prior agreement quarterly progress reports referred to in paragraph 2 (e) of the Associationthis Schedule. 9. The Borrower shall, by June 30, 2004, authorize the implementing agencies under this Project to approve changes to contracts for civil works up to 10% of the initial contract price (including provisional sum and allowance for dayworks), notwithstanding any law or regulation requirement in this regard in effect at the time of issuance of said authorization. 107. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with indicators set forth satisfactory to the Association outlined in Schedule 6 to this Agreementthe relevant supplemental letter, the carrying out of the Project and the achievement of the objectives thereof; (b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, Association on or about June September 30, 2005, a mid-term report integrating the results of the monitoring and evaluation activities performed pursuant to paragraph paragraph (a) of this Section, 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; and (c) review with the Association, by September 30December 31, 2005, 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. 11. The Borrower shall, through its Ministry of Works, Transport following terms and Infrastructure: (a) establish and maintain a database, satisfactory conditions shall be included in the Subsidiary Credit Agreements entered into pursuant to the Association, to record main procedures taken in handling requests for shoreline protection or other coastal works, including: (i) verification against the relevant Coastal and Infrastructure Management Plan; (ii) site investigation; (iii) recommendation of proper treatment of the concerned request; (iv) cost estimates; and (v) environmental impacts category; and Section 3.01 (b) prepare a report every six months, beginning on July 31, 2004, on all shoreline protection works commenced within the last six months, including information on location, type of works, size, relevant Coastal Infrastructure Management Plan, required environmental clearances, and cost estimates upon works completion; and thereafter submit said report to the Association for review and comments. 12. The Borrower shall apply the draft EIA Regulations, the Interim Codes of Environmental Practice and any successor thereto, and any Coastal Infrastructure Management Plan as a Sustainable Management Plan referred to in the Borrower’s Planning and Urban Management Act (2004), to all works under the Project, all in a manner and substance, satisfactory to the Association.this Agreement:

Appears in 1 contract

Samples: Development Credit Agreement

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Implementation Program. 1. The Borrower shall maintain, until completion of carry out the Project, a Program Steering Committee established within Project in accordance with the Ministry of Finance, chaired by the Chief Executive Officer of the Ministry of Finance and comprising of representatives, inter alia, the Ministry of Works, Transport and Infrastructure, Ministry of Natural Resources and Environment, Ministry for Women, Community, and Social Development and community, including two deputy chairpersons, with terms of reference satisfactory requirements set forth or referred to the Association and assigned with such funds, responsibilities and resources as shall be required to enable it to provide overall guidance in the carrying out of the Project, review the progress of Project implementation, assist in achieving the Project objectives Operational Manual and complying with the terms and conditions of this Agreement. 2. The Borrower shall establish and maintain, maintain the PIU until completion of the ProjectProject with staff, the Project Management Team within the Ministry of Finance, headed by a Project manager, provided with sufficient resources and such responsibilities and funding as shall be required to enable it to carry out the day-to-day management, monitoring and coordination of procurement, accounting, disbursement, financial management and other Project related activitiesresources, and reporting to the Program Steering Committee, and staffed with competent personnel in adequate numbers, all under terms of reference acceptable to the Association. 3. The Borrower shall: maintain until completion of the Project, a financial management system for the Project, acceptable to the Association; and not abrogate, amend, assign, repeal, suspend or waive any provisions of the financial management manual without the prior agreement of the Association. 4. The Borrower shall, by March 31, 2005, appoint an independent auditor acceptable to the Association, under terms of reference satisfactory to the Association, and shall assign to carry out annual audits it responsibility for coordination and technical implementation of the Project. 3. The Borrower shall maintain the CAPMU until completion of the Project with staff, resources, and terms of reference satisfactory to the Association and shall assign to it the responsibility of performing the fiduciary functions for the Project, including: (a) preparation of withdrawal applications under the Credit; (b) management of the Special Account referred to in Section 2.02 (b) of this Agreement; (c) maintenance of records and accounts related to the Project and financial statements arranging for the audit thereof; (d) participation in accordance administration of bidding procedures and of contracts under the Project; and (e) ensuring compliance of operations under the Project with the provisions of Section 4.01 of requirements set forth or referred to in the Operational Manual and this Agreement. 4. The Borrower, through the CAPMU and the PIU, shall prepare and furnish to the Association by March 31 in each year, for its review and concurrence: (a) an annual work program for the Project for the following calendar year, including procurement and financing plans; and (b) an annual progress report. 5. For purposes of carrying out Parts A and B The Borrower shall maintain the PSC until completion of the Project, the Borrower shall select Project sites in accordance with criteria acceptable to the Association, and, thereafter, implement the respective Parts composition and terms of the Project in a manner and substance reference satisfactory to the Association. 6. The Borrower shall: prepare, adopt and thereafter apply shall maintain the Operational Manual, Manual in form and content at all times satisfactory to the Association, as such manual may be amended from time to time with the prior agreement of the Association, and shall include in the implementation of Part A(4) of Operational Manual provisions governing the activities under the Project, which Operational Manual shall provideconcerning, inter alia, for: (ia) procedure and the eligibility criteria for selection of Beneficiaries; (iib) appraisal criteria for design the principles and screening procedures to be followed for the carrying out appraisal, approval and supervision of measures to mitigate risks from natural hazardsSub-projects and equity building Grants; and (iiic) the terms and conditions governing the Sub-grant Agreements; (iv) procurement procedures for goods, works and services to be financed out of included in the proceeds of the Sub-grants; (v) process for monitoring implementation; and (vi) financial management and disbursement arrangements; and not abrogate, amend, assign, repeal, suspend or waive any of the provisions of the Operational Manual without the prior agreement of the AssociationGrant Agreements. 7. For purposes of the carrying out of Part A(4) of the Project, the Borrower shall enter into a Sub-grant Agreement with each Beneficiary on terms and conditions satisfactory to the Association; and shall not abrogate, amend, assign, repeal, suspend or waive any of the provisions of the Sub-grant Agreement without the prior agreement of the Association. 8. The Borrower shall: (a) carry out the Project in accordance with the provisions of the Environmental Policy Framework and the Land Acquisition and Resettlement Framework, as the case may be; and (b) not abrogate, amend, assign, repeal, suspend or waive the provisions of the Environmental Policy Framework and the Land Acquisition and Resettlement Framework without the prior agreement of the Association. 9. The Borrower shall, by June 30, 2004, authorize the implementing agencies under this Project to approve changes to contracts for civil works up to 10% of the initial contract price (including provisional sum and allowance for dayworks), notwithstanding any law or regulation requirement in this regard in effect at the time of issuance of said authorization. 10. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with indicators set forth in Schedule 6 satisfactory to this Agreementthe Association, the carrying out of the Project and the achievement of the objectives thereof; (b) prepare, under terms of reference satisfactory to the Association, and furnish to the Association, Association on or about June 30May 31, 20052006, a mid-term report 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 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 (c) review with the Association, by September August 30, 20052006, 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. 11. The Borrower shall, through its Ministry following terms and conditions shall be included in the Grant Agreements entered into pursuant to Section 3.01 (b) of Works, Transport and Infrastructurethis Agreement: 1. The first three Grant Agreements under Part A.2 (a) establish of the Project and the first three Grant Agreements under Part B.1 (c) of the Project shall be subject to the Association’s prior review and agreement. 2. Each Grant shall be provided on the basis of a standard Grant Agreement in accordance with the terms and conditions set forth in the Operational Manual. Each Grant Agreement shall include inter alia: (a) the purpose and use of the Sub-project and cost sharing to be made by the Beneficiary with respect to the financing of the Sub-project or the purpose and use of the Sub-project for the equity building Grant; (b) the obligation of the Beneficiary to maintain a databaserecords and accounts for expenditures incurred under the Sub-project under Part A.2 (a) of the Project or the Sub-project under Part B.1 (c) of the Project, satisfactory for which the equity building Grant is provided, and financed from the proceeds of the Credit and to submit said records and accounts to the CAPMU, through the PIU, at the request of the CAPMU or the PIU; (c) the obligation of the Beneficiary, at the request of the Borrower and the Association, to record main procedures taken in handling requests for shoreline protection or other coastal works, including: (i) verification against exchange views with the relevant Coastal Borrower and Infrastructure Management Plan; (ii) site investigation; (iii) recommendation of proper treatment the Association with regard to the progress of the concerned request; Sub-project under Part A.2 (iva) cost estimates; and of the Project or the Sub-project under Part B.1 (vc) environmental impacts category; and (b) prepare a report every six months, beginning on July 31, 2004, on all shoreline protection works commenced within the last six months, including information on location, type of works, size, relevant Coastal Infrastructure Management Plan, required environmental clearances, and cost estimates upon works completion; and thereafter submit said report to the Association for review and comments. 12. The Borrower shall apply the draft EIA Regulations, the Interim Codes of Environmental Practice and any successor thereto, and any Coastal Infrastructure Management Plan as a Sustainable Management Plan referred to in the Borrower’s Planning and Urban Management Act (2004), to all works under the Project, all in a manner the performance of its obligations under the respective Grant Agreement, and substance, satisfactory other matters relating to the Associationpurposes of the Credit and to enable representatives of the Borrower and the Association to visit the facilities, or other activities to be financed under the Grant Agreement. 3. Procurement of the goods and services required for Parts A.2 (a) and B.1 (c) of the Project and to be financed out of the proceeds of the Credit shall be governed by the provisions of Schedule 3 to this Agreement.

Appears in 1 contract

Samples: Development Credit Agreement

Implementation Program. 1. The Borrower shall maintain, until completion of carry out the Project, a Program Steering Committee established within Project in accordance with the Ministry of Finance, chaired by the Chief Executive Officer of the Ministry of Finance and comprising of representatives, inter alia, the Ministry of Works, Transport and Infrastructure, Ministry of Natural Resources and Environment, Ministry for Women, Community, and Social Development and community, including two deputy chairpersons, with terms of reference satisfactory requirements set forth or referred to the Association and assigned with such funds, responsibilities and resources as shall be required to enable it to provide overall guidance in the carrying out of the Project, review the progress of Project implementation, assist in achieving the Project objectives and complying with the terms and conditions of this AgreementPIP. 2. The Borrower shall establish and maintain, maintain the PIU until completion of the ProjectProject with staff, the Project Management Team within the Ministry of Finance, headed by a Project manager, provided with sufficient resources and such responsibilities and funding as shall be required to enable it to carry out the day-to-day management, monitoring and coordination of procurement, accounting, disbursement, financial management and other Project related activities, and reporting to the Program Steering Committee, and staffed with competent personnel in adequate numbers, all under terms of reference acceptable to the Association. 3. The Borrower shall: maintain until completion of the Project, a financial management system for the Project, acceptable to the Association; and not abrogate, amend, assign, repeal, suspend or waive any provisions of the financial management manual without the prior agreement of the Association. 4. The Borrower shall, by March 31, 2005, appoint an independent auditor acceptable to the Association, under terms of reference satisfactory to the Association, and shall assign to carry out annual audits it responsibility for Project management and coordination, including: (a) preparation of Project accounts and financial statements disbursement applications under the Credit; (b) management of the Special Account referred to in accordance with the provisions of Section 4.01 2.02 (b) of this Agreement; (c) maintenance of records and accounts related to the Project and arranging for the audit thereof; (d) participation in administration of bidding procedures and of contracts under the Project; and (e) preparation of quarterly progress reports in a format acceptable to the Association and submission thereof to the Borrower and the Association not later than 30 days after the end of each quarter, the first such report to be furnished to the Association not later than March 31, 2004. 3. The Borrower, through the PIU, shall prepare and furnish to the Association by November 30 in each year, for its review and concurrence: (a) an annual work program for the Project for the following calendar year, including procurement and financing plans; and (b) an annual progress report. 4. By December 31, 2003, the Borrower shall establish and thereafter maintain the KPCC until completion of the Project with composition, resources and terms of reference satisfactory to the Association to provide overall management and coordination of Project implementation. 5. For purposes of The Borrower shall ensure that all measures necessary for the carrying out Parts A of the Environmental Management Plan shall be taken in a timely manner and B shall include adequate information on the carrying out of such measures in the quarterly progress reports referred to in paragraph 2 (e) of this Schedule. 6. By July 31, 2004, the Borrower shall: (a) employ consultants, with qualifications, experience and terms of reference satisfactory to the Association, for the carrying out of monitoring and evaluation activities of the Project; and (b) thereafter, take all measures necessary to ensure that consultants shall be maintained until completion of the Project, in accordance with their terms of reference and the terms and conditions of their contracts, for the activities under (a) above. (a) Without any limitation or restriction upon any of its obligations under this Agreement, the Borrower shall select Project sites in accordance with criteria acceptable make adequate annual budgetary allocations for the operation and maintenance of the infrastructure constructed and/or rehabilitated under the Project, the first such annual budgetary allocation to be made for the Associationfiscal year 2007, and, thereafter, implement maintain said annual budgetary allocations. (b) Unless otherwise agreed with the respective Parts of Association during the Project in a manner and substance satisfactory to mid-term review, the Association. 6. The Borrower shall: prepare, adopt and thereafter apply the Operational Manual, satisfactory to the Association, as such manual may be amended from time to time with the prior agreement level of the Association, in the implementation of Part A(4) of the Project, which Operational Manual said annual budgetary allocations shall provide, inter alia, forbe: (i) procedure US$1,000,000 equivalent annually for the South Karakalpakstan Main Drain; and criteria for selection of Beneficiaries; (ii) appraisal criteria for design and screening US$1,800,000 million equivalent annually for the carrying out of measures to mitigate risks from natural hazards; (iii) terms operation and conditions governing the Sub-grant Agreements; (iv) procurement procedures for goods, works and services to be financed out maintenance of the proceeds main irrigation and drainage infrastructure within the command area of the Sub-grants; (v) process for monitoring implementation; and (vi) financial management and disbursement arrangements; and not abrogate, amend, assign, repeal, suspend or waive any of the provisions of the Operational Manual without the prior agreement of the Association. 7. For purposes of the carrying out of Part A(4) of the Project, the Borrower shall enter into a Sub-grant Agreement with each Beneficiary on terms and conditions satisfactory to the Association; and shall not abrogate, amend, assign, repeal, suspend or waive any of the provisions of the Sub-grant Agreement without the prior agreement of the AssociationSouth Karakalpakstan. 8. The Borrower shall: (a) carry out the Project in accordance with the provisions of the Environmental Policy Framework and the Land Acquisition and Resettlement Framework, as the case may be; and (b) not abrogate, amend, assign, repeal, suspend or waive the provisions of the Environmental Policy Framework and the Land Acquisition and Resettlement Framework without the prior agreement of the Association. 9. The Borrower shall, by June 30, 2004, authorize the implementing agencies under this Project to approve changes to contracts for civil works up to 10% of the initial contract price (including provisional sum and allowance for dayworks), notwithstanding any law or regulation requirement in this regard in effect at the time of issuance of said authorization. 10. The Borrower shall: (a) maintain policies and procedures adequate to enable it to monitor and evaluate on an ongoing basis, in accordance with indicators set forth in Schedule 6 satisfactory to this Agreementthe Association, the carrying out of the 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 June 30July 31, 20052006, a mid-term report 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 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 (c) review with the Association, by September 30October 31, 20052006, 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. 11. The Borrower shall, through its Ministry of Works, Transport and Infrastructure: (a) establish and maintain a database, satisfactory to the Association, to record main procedures taken in handling requests for shoreline protection or other coastal works, including: (i) verification against the relevant Coastal and Infrastructure Management Plan; (ii) site investigation; (iii) recommendation of proper treatment of the concerned request; (iv) cost estimates; and (v) environmental impacts category; and (b) prepare a report every six months, beginning on July 31, 2004, on all shoreline protection works commenced within the last six months, including information on location, type of works, size, relevant Coastal Infrastructure Management Plan, required environmental clearances, and cost estimates upon works completion; and thereafter submit said report to the Association for review and comments. 12. The Borrower shall apply the draft EIA Regulations, the Interim Codes of Environmental Practice and any successor thereto, and any Coastal Infrastructure Management Plan as a Sustainable Management Plan referred to in the Borrower’s Planning and Urban Management Act (2004), to all works under the Project, all in a manner and substance, satisfactory to the Association.

Appears in 1 contract

Samples: Development Credit Agreement

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