Common use of Institutional Arrangements Clause in Contracts

Institutional Arrangements. 1. For purposes of carrying out the Project Implementing Entity’s Respective Parts of the Project, the Project Implementing Entity shall: (a) maintain, throughout the implementation period of its Respective Parts of the Project, a Project management unit (“Project Management Unit”), which shall be: (i) headed by its Chief Engineer (Development) and assisted by competent staff and experts, all with experience and qualifications, in numbers and under terms of reference acceptable to the Bank; and (ii) provided with such power, financial resources, functions and competences, acceptable to the Bank, as shall be required for it to carry out the day-to-day coordination and implementation of the activities under the Project Implementing Entity’s Respective Parts of the Project; (b) select and engage, by not later than three (3) months after the Effective Date, and thereafter maintain, throughout the implementation period of its Respective Parts of the Project, the services of a Project implementation and management support consultant, with qualifications and experience and under terms of reference acceptable to the Bank, in order to assist the Project Management Unit with the implementation of activities under the Project Implementing Entity’s Respective Parts of the Project, including, inter alia, preparation and review of feasibility studies, design studies, construction supervision, monitoring and evaluation, progress reporting, and support and capacity building activities for the Project Implementing Entity regarding Project management operations and maintenance, including procurement, contract management, quality control, financial management, environmental and social management, occupational health and safety; and (c) establish, by not later than one (1) month after the Effective Date, and thereafter maintain, throughout the implementation period of its Respective Parts of the Project, a Procurement Committee (“Procurement Committee”), which shall be: (i) headed by its Chief Engineer (Development) and with composition and terms of reference acceptable to the Bank; and (ii) provided with such power, financial resources, functions

Appears in 3 contracts

Samples: Project Agreement, Project Agreement, Project Agreement

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Institutional Arrangements. 1. For purposes The Recipient shall establish and maintain throughout Project implementation a steering committee responsible for Project oversight and coordination, comprised of carrying out representatives of SEFIN, SAG, SDP, INA, RPOs and the Project Implementing Entity’s Respective Parts private sector (and any other institution in addition to or in substitution of the Projectaforementioned, as approved by the Project Implementing Entity shallAssociation and set forth in the Operational Manual), and which duties shall include: (a) maintain, throughout the implementation period of its Respective Parts of the Project, a approving Project management unit (“Project Management Unit”), which shall be: (i) headed by its Chief Engineer (Development) and assisted by competent staff and experts, all with experience and qualifications, in numbers and under terms of reference acceptable to the Bank; and (ii) provided with such power, financial resources, functions and competences, acceptable to the Bank, as shall be required for it to carry out the day-to-day coordination and implementation of the activities under the Project Implementing Entity’s Respective Parts of the Projectannual operating plans; (b) select ratifying the approval of the business plans by the evaluation committee referred to in Section I.D.2 (c) of Schedule 2 to this Agreement; (c) overseeing Project performance; and (d) suggesting necessary adjustments to Project implementation based on the results of the Project monitoring and engageevaluation system. (i) The Recipient, through SAG, shall establish and maintain throughout Project implementation, a Project coordination unit (PCU), with composition, functions and responsibilities acceptable to the Association. (ii) The Recipient shall ensure that the PCU is at all times during Project implementation headed by not a coordinator and assisted by staff in adequate numbers (including inter alia, technical specialists, an administrator and regional field coordinators), all with qualifications and experience satisfactory to the Association. (i) The Recipient, through SEFIN, shall maintain throughout Project implementation a Project administration unit (UAP), with composition, functions and responsibilities acceptable to the Association. (ii) The Recipient shall ensure that the UAP is at all times during Project implementation staffed by personnel adequate in numbers (including inter alia, procurement and financial management specialists), all with qualifications and experience satisfactory to the Association. (c) The Recipient undertakes that, unless the Association may otherwise agree, PCU and UAP personnel shall only be hired based on professional criteria and shall only be replaced for reasons related to performance. The performance of PCU and UAP personnel shall be assessed once a year by an independent firm contracted under terms of reference satisfactory to the Association, which firm shall be hired by the Recipient no later than three ninety (390) months days after the Effective Date, and thereafter maintain, throughout the implementation period of its Respective Parts of the Project, the services of a Project implementation and management support consultant, with qualifications and experience and under terms of reference acceptable to the Bank, in order to assist the Project Management Unit with the implementation of activities under the Project Implementing Entity’s Respective Parts of the Project, including, inter alia, preparation and review of feasibility studies, design studies, construction supervision, monitoring and evaluation, progress reporting, and support and capacity building activities for the Project Implementing Entity regarding Project management operations and maintenance, including procurement, contract management, quality control, financial management, environmental and social management, occupational health and safety; and (c) establish, by not later than one (1) month after the Effective Date, and thereafter maintain, throughout the implementation period of its Respective Parts of the Project, a Procurement Committee (“Procurement Committee”), which shall be: (i) headed by its Chief Engineer (Development) and with composition and terms of reference acceptable to the Bank; and (ii) provided with such power, financial resources, functions.

Appears in 2 contracts

Samples: Financing Agreement, Financing Agreement

Institutional Arrangements. Project Steering Committee 1. For purposes of carrying out The Recipient shall provide oversight, coordination, and support for Project implementation through the Project Implementing Entity’s Respective Parts Steering Committee in accordance with the provisions of the Projectthis Agreement, the Project Implementing Entity shall: (a) maintainImplementation Agreements, throughout the implementation period of its Respective Parts of the Project, a Project management unit (“Project Management Unit”), which shall be: (i) headed by its Chief Engineer (Development) and assisted by competent staff and experts, all with experience and qualifications, in numbers and under terms of reference acceptable to the Bank; and (ii) provided with such power, financial resources, functions and competences, acceptable to the Bank, as shall be required for it to carry out the day-to-day coordination and implementation of the activities under the Project Implementing Entity’s Respective Parts of the Project;Operations Manual. (b) select and engage, by not later than three (3) months after the Effective Date, and thereafter maintain, throughout the implementation period of its Respective Parts of the Project2. To this end, the services of a Project implementation and management support consultant, with qualifications and experience and under terms of reference acceptable to the Bank, in order to assist the Project Management Unit with the implementation of activities under the Project Implementing Entity’s Respective Parts of the Project, including, inter alia, preparation and review of feasibility studies, design studies, construction supervision, monitoring and evaluation, progress reporting, and support and capacity building activities for the Project Implementing Entity regarding Project management operations and maintenance, including procurement, contract management, quality control, financial management, environmental and social management, occupational health and safety; and (c) Recipient shall establish, by not later than one (1) month after the Effective Date, and thereafter then maintain, throughout during the entire period of the Project implementation, the Project Steering Committee, chaired by its Secretary of the Department of Transportation, Communications and Infrastructure, (or their representative),and comprised of inter alia, the Secretary (or their representative) of the Department of Finance and Administration, the Secretary (or their representative) of the Department of Justice, the Secretary (or their representative) of the Department of Health and Social Affairs, and representatives of OAE and TRA and each of the State Governments appointed by the respective State Governor, and with an institutional framework, functions, and resources required for the implementation period of its Respective Parts of the Project, a Procurement Committee in form and substance satisfactory to the Association. 3. The Recipient shall establish, not later than one (“Procurement Committee”)1) month after the Effective Date, and then maintain, during the entire period of the Project implementation, the Project Implementation Unit within the Department of Transportation, Communications and Infrastructure, with mandate, composition and resources satisfactory to the Association, which shall bebe responsible for day to day management of the Project. Without limitation to the generality of the foregoing, the Project Implementation Unit shall be headed by the Project Coordinator, with terms of reference, qualifications and experience satisfactory to the Association, and shall include the following minimum key staff, or be supported by specialists from the Central Implementation Unit, each with terms of reference, qualifications and experience satisfactory to the Association, in the following roles: (ia) headed by its Chief Engineer a financial management specialist; (Developmentb) a procurement specialist; (c) a safeguards specialist; (d) monitoring and with composition and terms of reference acceptable to the Bankevaluation specialist; and (iie) provided with such power, financial resources, functionscommunications specialist.

Appears in 1 contract

Samples: Financing Agreement

Institutional Arrangements. 1. For purposes of carrying out the The Project Implementing Entity’s Respective Parts Entity shall, at all times during the implementation of the Project, cause the DGOFWM (Project Director) to be responsible for the overall Project implementation and management responsibilities, and shall take, or cause to be taken, all actions, including the provision of funding, personnel, and other resources, to enable DGOFWM (Project Director) to perform its functions under the Project. 2. The Project Implementing Entity shall: (a) maintain, throughout the implementation period of its Respective Parts of the Project, a Project management unit (“Project Management Unit”), which shall be: (i) headed by its Chief Engineer (Development) and assisted by competent staff and experts, all with experience and qualifications, in numbers and under terms of reference acceptable to the Bank; and (ii) provided with such power, financial resources, functions and competences, acceptable to the Bank, as shall be required for it to carry out the day-to-day coordination and implementation of the activities under the Project Implementing Entity’s Respective Parts of the Project; (b) select and engage, establish by not later than three two (32) months after the Effective Date, and thereafter maintain, throughout maintain at all times during the implementation period of its Respective Parts of the Project, with a mandate, composition, and resources satisfactory to the services of Association, a Project implementation and management support consultantPolicy Committee, with qualifications and experience and under terms which shall: (i) be chaired by the Chairman of reference acceptable to the Bank, in order to assist the Project Management Unit with the implementation of activities under the Project Implementing Entity’s Respective Parts Planning and Development Board; (ii) consist of the ProjectProject Implementing Entity’s Secretaries of Agriculture, includingIrrigation, Local Government and Community Development, and Finance Department; and (iii) be responsible for, inter alia, preparation : (A) providing planning and review strategic guidance for Project implementation and facilitating interagency coordination at the highest level of feasibility studies, design studies, construction supervision, monitoring government; (B) making policy decisions for smooth Project execution; and evaluation, progress reporting, and support and capacity building activities for the Project Implementing Entity regarding Project management operations and maintenance, including procurement, contract management, quality control, financial management, environmental and social management, occupational health and safety; and(C) resolving any policy-related issues; (cb) establish, establish by not later than one two (12) month months after the Effective Date, and thereafter maintain, throughout maintain at all times during the implementation period of its Respective Parts of the Project, with a Procurement Committee (“Procurement mandate, composition, and resources satisfactory to the Association, a Project Steering Committee”), which shall beshall: (i) headed be chaired by its Chief Engineer the Project Implementing Entity’s Secretary of Agriculture; (Developmentii) and with composition and terms consist of reference acceptable to the Bankrepresentatives of all concerned provincial departments; and (iiiii) provided with such powerbe responsible for, financial inter alia: (A) ensuring coordination among all stakeholders; (B) arranging bridge financing for local resources, functionsif needed;

Appears in 1 contract

Samples: Project Agreement

Institutional Arrangements. 1. For purposes of carrying out The Borrower shall operate and maintain within the NHAC, at all times during Project Implementing Entity’s Respective Parts of the Project, the Project Implementing Entity shall: (a) maintain, throughout the implementation period of its Respective Parts of the Projectimplementation, a Project management coordinating unit (“Project Management Unit”)with structure, which shall be: (i) headed by its Chief Engineer (Development) functions and assisted by competent staff and experts, all with experience and qualifications, in numbers and under terms of reference responsibilities acceptable to the Bank, including, inter alia, the responsibility to assist the Borrower in: (i) procurement, disbursement and financial management aspects of the Project; and (ii) provided coordination, monitoring and supervision of the Project. 2. The NHAC shall implement the Project in collaboration with such powerthe Borrower’s Ministries of Health, financial resourcesEducation, functions Labour, Tourism, Home Affairs, Community Development and competencesCulture and Social Care, acceptable Constituency Empowerment and Urban Development, as well as the Office of the Attorney General and civil society organizations. (a) The Borrower shall carry out the Project in accordance with an operational manual, satisfactory to the Bank, as shall be required for it such manual to carry out include, inter alia: (i) the day-to-day coordination and Project implementation plan; (ii) the detailed description of the activities Eligible Program Expenditures including the budgets by year, Xxxxxxxx’s ministry and procurement category, respectively, included under the Project Implementing Entity’s Respective Parts Part 1 of the Project; (biii) select and engage, by not later than three with respect to the grants under Part 1 (3a) months after the Effective Date, and thereafter maintain, throughout the implementation period of its Respective Parts of the Project: (A) the criteria for approval and the procedures for the implementation and monitoring of subprojects supported by such grants; (B) the criteria for eligibility of the beneficiaries of the grants; and (C) the model grant agreement for the provision of funds and the implementation of subprojects; (iv) the reporting procedures and the agreed format of the Financial Statements, chart of accounts and the interim unaudited financial reports; (v) the detailed description of the Project disbursement mechanism; and (vi) the procedures for monitoring and evaluating the Project, including a description of the technical audit mechanism referred to in paragraph 4 of Section II.B of this Schedule; (b) The Operational Manual may be amended by the Borrower from time to time with the prior approval of the Bank. In the case of any conflict between the terms of the Operational Manual and those of this agreement, the services terms of this Agreement shall prevail. 4. If, at any time, the Bank determines that any portion of the financing under the Project was used for items improperly procured in violation of Section III to this Schedule, was not used for EPE or, was not supported by evidence of actual spending by the Borrower under said EPE and/or by evidence of satisfaction of other criteria set forth in this Agreement or in the Operational Manual, the Borrower shall promptly refund any such portion to the Bank as the Bank shall specify by notice to the Borrower. 5. By October 15, 2008, the Borrower shall hire in its Ministry of Family, Youth, Sports and Environment a Project implementation and financial management support consultant, specialist with qualifications and experience and under terms of reference acceptable satisfactory to the Bank, in order to assist the Project Management Unit with the implementation of activities under the Project Implementing Entity’s Respective Parts of the Project, including, inter alia, preparation and review of feasibility studies, design studies, construction supervision, monitoring and evaluation, progress reporting, and support and capacity building activities for the Project Implementing Entity regarding Project management operations and maintenance, including procurement, contract management, quality control, financial management, environmental and social management, occupational health and safety; and (c) establish, by not later than one (1) month after the Effective Date, and thereafter maintain, throughout the implementation period of its Respective Parts of the Project, a Procurement Committee (“Procurement Committee”), which shall be: (i) headed by its Chief Engineer (Development) and with composition and terms of reference acceptable to the Bank; and (ii) provided with such power, financial resources, functions.

Appears in 1 contract

Samples: Loan Agreement

Institutional Arrangements. 1. For purposes of carrying out the Project Implementing Entity’s Respective Parts of the Project, the The Project Implementing Entity shall: (a) maintainappoint the First Deputy Governor, and maintain him/her throughout the implementation period of Project Implementation, as its Respective Parts delegate to the Project Steering Committee to ensure proper policy guidance and general oversight of the Project, inter-ministerial/inter-agency coordination of Project activities, and the Project’s close monitoring and evaluation; and (b) establish, and thereafter maintain throughout the period of Project implementation, a Technical Working Group, vested with the responsibility of handling the day-to-day technical aspects of its Respective Part of the Project management unit (“Project Management Unit”other than the fiduciary responsibilities assigned to the PMU), ; which group shall be: (i) headed by its Chief Engineer (Development) be comprised of experienced and assisted by competent staff and experts, all with experience and qualificationsqualified technical staff, in sufficient numbers and under terms of reference acceptable satisfactory to the BankAssociation, and granted with necessary powers, functions and resources required for providing technical guidance for: (i) carrying out the planning and strategic sequencing of Project activities, and developing terms of reference and technical specifications therefor; (ii) managing contract and monitoring performance therefor; (iii) monitoring and supervising Project activities under Part C of the Project; and (iiiv) provided with such power, financial resources, functions and competences, acceptable preparing Project Reports for submission to the BankProject Management Unit, as shall be required for it to carry out the day-to-day coordination PSC and implementation the Association. 2. The Project Implementing Entity shall: (a) adopt, and implement its Respective Part of the activities under Project pursuant to, the Project Implementing Entity’s Respective Parts of the Project;Implementation Manual; and (b) select and engagenot amend, by not later than three (3) months after suspend, waive, cancel or abrogate, whether in whole or in part, any of said manual, without the Effective Date, and thereafter maintain, throughout the implementation period of its Respective Parts prior written concurrence of the Project, the services of a Project implementation and management support consultant, with qualifications and experience and under terms of reference acceptable to the Bank, in order to assist the Project Management Unit with the implementation of activities under the Project Implementing Entity’s Respective Parts of the Project, including, inter alia, preparation and review of feasibility studies, design studies, construction supervision, monitoring and evaluation, progress reporting, and support and capacity building activities for the Association. 3. The Project Implementing Entity regarding shall: (a) prepare, by no later than September 15 each year, commencing on September 15, 2010, and furnish to the PSC and the Association for review and concurrence, a draft Annual Implementation Plan for the following Fiscal Year, which plan shall identify Project management operations activities under its Respective Part of the Project by sub-components, detailing their related expenditures and maintenance, including procurement, contract management, quality control, financial management, environmental and social management, occupational health and safetyfinancing sources; and (cb) establishthereafter, by not later than one (1) month after implement the Effective DateProject activities during the respective Fiscal Year pursuant to such plan as so discussed with, and thereafter maintainagreed by, throughout the implementation period of its Respective Parts of Project Steering Committee and the Project, a Procurement Committee (“Procurement Committee”), which shall be: (i) headed by its Chief Engineer (Development) and with composition and terms of reference acceptable to the Bank; and (ii) provided with such power, financial resources, functionsAssociation.

Appears in 1 contract

Samples: Project Agreement

Institutional Arrangements. 1. For purposes The Recipient shall vest responsibility for the overall management of the Project in MMERE, including responsibility for carrying out day-to-day management and implementation of the Project, and coordinating with the Project Implementing Entity’s Respective , other government ministries or agencies and relevant stakeholders on all aspects of Project implementation. Specifically: (a) MMERE shall be responsible for the implementation of Parts 1, 2 (a) and (b), 3 and 4 of the Project, ; and (b) the Project Implementing Entity shall be responsible for the implementation of Part 2(c) of the Project. 2. The Recipient shall: (a) maintain, throughout the Project implementation period of its Respective Parts of the Projectperiod, a Project management unit (“Project Management Unit”)PMU under MMERE, with a mandate, composition, terms of reference, and resources satisfactory to the Association, which shall be: (i) headed by its Chief Engineer (Development) responsible for, inter alia, the overall day-to-day management and assisted by competent staff implementation of the Project, including, financial management, procurement, environmental and expertssocial risks management, all monitoring and evaluation, and supporting coordination, reporting and communication of Project activities and coordination with experience other government ministries or agencies and qualifications, in numbers and under terms of reference acceptable to the Bankrelevant stakeholders; and (ii) provided comprised of staff and personnel, all with such powerterms of reference, financial resources, functions qualifications and competences, acceptable experience satisfactory to the Bank, as shall be required for it to carry out the day-to-day coordination and implementation of the activities under the Project Implementing Entity’s Respective Parts of the ProjectAssociation; (b) select and engagewithout limitation to the foregoing, by not no later than three (3) months after the Effective DateDate (or such later date as may be agreed with the Association in writing), recruit, with terms of reference, qualifications, and experience satisfactory to the Association, and thereafter maintain, throughout the Project implementation period period: (i) a Project manager; (ii) an accountant; and (iii) a procurement officer; and (c) cause the Project Implementing Entity to maintain, throughout the Project implementation period, a Special Projects and Planning Division and a Finance and Internal Audit Division within the Project Implementing Entity, which shall be responsible for implementation of its Respective Parts Part of the Project, the services of both with a Project implementation and management support consultantmandate, with qualifications and experience and under composition, terms of reference acceptable reference, and resources satisfactory to the BankAssociation, in order to assist the Project Management Unit with the implementation of activities under the Project Implementing Entity’s Respective Parts of the Project, includingand which shall be: (i) responsible for, inter alia, preparation and review of feasibility studies, design studies, construction supervision, monitoring and evaluation, progress reporting, and support and capacity building activities for supporting the Project Implementing Entity regarding Project management operations and maintenance, including on procurement, contract management, quality control, financial management, environmental and social risks management, occupational health and safety; and (c) establish, by not later than one (1) month after the Effective Datereporting, and thereafter maintain, throughout monitoring and evaluation activities under the implementation period of its Project Implementing Entity's Respective Parts Part of the Project, a Procurement Committee (“Procurement Committee”), which shall be: (i) headed by its Chief Engineer (Development) and with composition and terms of reference acceptable to the Bank; and (ii) provided comprised of staff and personnel, all with such powerterms of reference, financial resources, functionsqualifications and experience satisfactory to the Association.

Appears in 1 contract

Samples: Financing Agreement

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Institutional Arrangements. 1. For purposes The Borrower, through the DA, shall maintain, throughout the period of carrying out the Project Implementing Entity’s Respective Parts implementation of the Project, Project implementation structures at the national and sub-national levels, all with composition, functions, staffing and resources satisfactory to the Bank and set out in the Project Implementing Entity Operations Manual (“POM”). 2. Without limitation to the foregoing, the Borrower, through the DA, shall: (a) maintain, throughout the implementation period of its Respective Parts of the Project, a Project management unit (“Project Management Unit”), which shall be: (i) headed by its Chief Engineer (Development) and assisted by competent staff and experts, all with experience and qualifications, in numbers and under terms of reference acceptable to the Bank; and (ii) provided with such power, financial resources, functions and competences, acceptable to the Bank, as shall be required for it to carry out the day-to-day coordination and implementation of the activities under the Project Implementing Entity’s Respective Parts of the Project; (b) select and engage, by not no later than three (3) months after the Effective Date, and thereafter maintain, throughout the implementation period of its Respective Parts of the Project, the services of a Project implementation and management support consultant, with qualifications and experience and under terms of reference acceptable to the Bank, in order to assist the Project Management Unit with the implementation of activities under the Project Implementing Entity’s Respective Parts of the Project, including, inter alia, preparation and review of feasibility studies, design studies, construction supervision, monitoring and evaluation, progress reporting, and support and capacity building activities for the Project Implementing Entity regarding Project management operations and maintenance, including procurement, contract management, quality control, financial management, environmental and social management, occupational health and safety; and (c) establish, by not later than one (1) month after the Effective Date, and thereafter maintain, throughout the implementation period of its Respective Parts of the Project, a Procurement Committee (“Procurement Committee”)MIADP Advisory Board chaired by the Secretary of Agriculture or a person designated by the Secretary of Agriculture, which shall bebe responsible for providing overall policy guidance and oversight for Project implementation; (b) maintain throughout the implementation of the Project, a Project Support Office within the DA, which shall be responsible, inter alia, for carrying out the day-to- day implementation of the Project, including: (i) preparing annual work and financial plans; (ii) processing procurement, financial management, environmental and social impact management; (iii) monitoring and evaluation of the Project; and (iv) reporting on Project progress and results; and (c) at each region of Mindanao, prior to the commencement of any Project activity in the respective region, establish and thereafter maintain throughout the implementation of the Project: (i) a Regional Project Coordination Office, headed by its Chief Engineer a regional executive director, which shall be responsible, inter alia, for day-to-day Project management and implementation at the respective region; and (Developmentii) a Regional Project Advisory Board, headed by a regional executive director, which shall be responsible, inter alia, for approving Subproject proposals and providing guidance for Project implementation at the respective region. 3. To facilitate the implementation of the Project, the Borrower, through the DA, shall: (a) by no later than three (3) months after the Effective Date, enter into a memorandum of agreement with composition the NCIP setting out the agreed arrangements for NCIP to support project implementation, under terms and terms of reference conditions acceptable to the Bank; and (b) prior to the commencement of any Project activity at local levels, enter into a memorandum of agreement with each Participating LGU outlining the terms of their respective implementation of the Project under terms and (ii) provided with such power, financial resources, functionsconditions acceptable to the Bank.

Appears in 1 contract

Samples: Loan Agreement

Institutional Arrangements. 1. For purposes Without limitation upon the provisions of carrying Section 3.01 of this Agreement, the Borrower, through SS, shall carry out the Project Implementing Entity’s Respective Parts in accordance with the Operational Manual, satisfactory to the Bank, containing, inter alia, specific provisions on detailed arrangements for Project implementation, including: (a) the procurement, financial management, disbursement, reporting and auditing requirements thereof; (b) the Key Performance Indicators; (c) roles and responsibilities of the Projectdifferent administrative units and divisions within SS, the federal advisory committee referred to in Section I.A.3 of this Schedule, and the Federal Entities in Project Implementing Entity implementation; (d) the Environmental Action Plan; and (e) the environmental provisions for Phase 2 Construction of the Borrower’s national reference laboratory for epidemiological surveillance and the IPP at such time as such documents shall be prepared and approved by the Bank as per the requirements of Section 1. D. 2 of this Schedule. Except as the Bank shall otherwise agree, the Borrower shall not amend, waive or fail to enforce any provision of the Operational Manual without the Bank’s prior written approval. In case of any conflict between the terms of the Operational Manual and those of this Agreement, the terms of this Agreement shall prevail. 2. The Borrower, through SS, shall: (a) maintainmaintain within DGAE, throughout the implementation period of its Respective Parts of the Projectat all times during Project implementation, a Project management unit (“Project Management Unit”)team, which shall be: (i) headed by its Chief Engineer (Development) and assisted by competent staff and experts, all with experience and qualifications, in numbers and under terms of reference acceptable to the Bank; and (ii) provided with such power, financial resourcesan organization, functions and competencesresponsibilities described in the Operational Manual, acceptable including, inter alia, the responsibility of said team to coordinate and monitor the Bank, as shall be required for it to carry carrying out the day-to-day coordination and implementation of the activities under the Project Implementing Entity’s Respective Parts of the Project; (b) select maintain within DO, at all times during Project implementation, a team with organization, functions and engageresponsibilities described in the Operational Manual, by including, inter alia, the responsibility of said team to handle fiduciary matters of the Project; and (c) ensure that the Project teams referred to in paragraphs (a) and (b) above are, at all times during Project implementation, formed with professional and administrative staff, in adequate numbers and with appropriate experience and qualifications acceptable to the Bank. 3. The Borrower, through SS, shall, not later than three (3) two months after the Effective Date, create and thereafter maintain, throughout maintain a federal advisory committee with the implementation period of its Respective Parts powers and responsibilities described in the Operational Manual to advise and guide DGAE in the carrying out of the Project. (a) The Borrower, the services of through SS, shall, prior to issuing bidding documents for activities aimed to benefit and/or be implemented by a Project implementation and management support consultantFederal Entity, with qualifications and experience and under terms of reference acceptable enter into a Cooperation Agreement, satisfactory to the Bank, in order with that Federal Entity for it to assist the Project Management Unit with Borrower in the implementation of activities under the Project Implementing Entity’s Respective Parts carrying out of the Project, including. The Cooperation Agreements shall include, inter alia, preparation the obligation of the relevant Federal Entity, as the case may be: (i) to assist in the procurement process; (ii) to execute complementary activities; (iii) to distribute medicines and review of feasibility studies, design studies, construction supervision, monitoring and evaluation, progress reporting, and support and capacity building activities for the Project Implementing Entity regarding Project management operations and maintenance, including procurement, contract management, quality control, financial management, environmental and social management, occupational health and safetyvaccines; and (civ) establishto comply with the safeguard requirements, by not later than one all in accordance with the requirements of this Agreement. (1b) month after The Borrower, through SS, shall exercise its rights and carry out its obligations under the Effective Date, and thereafter maintain, throughout Cooperation Agreements in such a manner as to protect the implementation period of its Respective Parts interests of the ProjectBank and to accomplish the purposes of the Loan. Except as the Bank may otherwise agree, a Procurement Committee (“Procurement Committee”)the Borrower shall not amend, which shall be: (i) headed by its Chief Engineer (Development) and with composition and waive or fail to enforce any provision of the Cooperation Agreements. In case of any conflict between the terms of reference acceptable to any Cooperation Agreement and those of this Agreement, the Bank; and (ii) provided with such power, financial resources, functionsterms of this Agreement shall prevail.

Appears in 1 contract

Samples: Loan Agreement

Institutional Arrangements. 1. For purposes of carrying out the Project Implementing Entity’s Respective Parts Steering Committee To ensure proper oversight of the Project, the Recipient shall maintain throughout the Project Implementing Entity shall:implementation period, the project steering committee (“Project Steering Committee”), chaired by the Permanent Secretary of the MFMR, and comprised of, inter alia, representatives at Director level and above, from the Recipient’s ministries responsible for finance, environment, and justice (as needed), and the Project coordinator referred to in Paragraph 2(b) below, to be responsible for overseeing timely implementation and technical direction of the Project, as well as approving Annual Workplans and Budgets. To this end, the Recipient shall ensure that the Project Steering Committee shall meet twice every calendar year. 2. Ministry of Fisheries and Marine Resources (“MFMR”) (a) maintain, throughout the To ensure proper and efficient implementation period of its Respective Parts of the Project, a Project management unit (“the Recipient shall vest in the MFMR overall responsibility for implementation of the Project, including financial and procurement management, and shall ensure that MFMR has adequate resources required for implementation of the Project. To this end, the Recipient shall maintain the Project Management Unit”Unit (PMU), which shall be: (i) headed by its Chief Engineer (Development) and assisted by competent staff and expertswithin MFMR, all with experience and qualifications, in numbers and under terms of reference acceptable to the Bank; and (ii) provided with such power, financial resources, functions and competences, acceptable to the Bank, as shall be required responsible for it to carry out the day-to-day coordination implementation and implementation of the activities under the Project Implementing Entity’s Respective Parts monitoring of the Project;. (b) select The Recipient shall ensure that the PMU is staffed with necessary personnel at all times during Project Implementation. To this end, the Recipient shall maintain in the PMU, a Project Coordinator, an Environmental and engageSocial Advisor, by not a Project Administrative & Financial Assistant; and shall recruit no later than three four (34) months after the Effective Date, and thereafter maintain, throughout the implementation period of its Respective Parts of the Project, the services of a Project implementation and management support consultantAccountant, with qualifications and experience and under terms of reference acceptable to the Bank, in order to assist the Project Management Unit with the implementation of activities under the Project Implementing Entity’s Respective Parts of the Project, including, inter alia, preparation and review of feasibility studies, design studies, construction supervision, monitoring and evaluation, progress reportinga Senior Procurement Officer, and support and capacity building activities for the Project Implementing Entity regarding Project management operations and maintenance, including procurement, contract management, quality control, financial management, environmental and social management, occupational health and safety; and (c) establish, by not no later than one (1) month after the Effective Date, an Environmental and thereafter maintainSocial Officer; all with qualifications, throughout the implementation period of its Respective Parts of the Projectexperience, a Procurement Committee (“Procurement Committee”), which shall be: (i) headed by its Chief Engineer (Development) and with composition and terms of reference acceptable satisfactory to the Bank; Association. 3. National Technical Working Group (“NTWG”) The MFMR shall maintain the NTWG consisting of technical staff from respective line departments, to be in charge of provision of technical inputs to the PMU, as well as review results of the continuing development of the Project’s implementation systems, processes, and (ii) provided with such power, financial resources, functionsProgram Operations Manual.

Appears in 1 contract

Samples: Financing Agreement

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