Operational Manual. (a) The Borrower (through MOT) shall maintain, until the completion of the Project, the updated operational manual referred to in Section 5.01(b) of this Agreement, in accordance with terms approved by the Bank, and which shall include, inter alia: (i) detailed arrangements for the overall carrying out of the Project, including the additional activities detailed in Schedule 1 to this Agreement; (ii) an institutional implementation plan of MOT, the Participating Cities, the City of Bogotá and the Implementing Entities for the management of their respective Parts of the Project (including, inter alia, allocation of responsibilities among staff, yearly planning of activities and budget and time allocation for those activities), and the establishment and maintenance, throughout Project Implementation, of a Social Management Team in each Implementing Entity; (iii) the procurement guidelines to be followed by the Borrower (through MOT), the Participating Cities, the City of Bogotá and the Implementing Entities set forth in the Procurement Plan and in accordance with the provisions of Section III of Schedule 2 to this Agreement; (iv) the financial management guidelines to be followed during Project implementation by the Borrower (through MOT), the Participating Cities, the City of Bogotá and the Implementing Entities; (v) the guidelines for the preparation of the Annual Action Plans; (vi) the procedures, criteria and standard guidelines satisfactory to the Bank, for the carrying out of training and technical assistance financed under the Project; (vii) the updated RPF, the EMF, and relevant criteria and guidelines for the development and updating of EMPs and RAPs pursuant to the provisions of Section I.D of Schedule 2 to this Agreement; (viii) the criteria for the selection for Participating Cities; (ix) a construction manual to guide the construction and supervision of works under Part B of the Project (which manual shall include, inter alia, the EMPs, provisions for erosion control, natural habitats’ protection, solid waste management, protection of cultural property, occupational health guidelines, first aid instructions and restriction on the use of child labor); (x) the model forms for Subsidiary Agreements; and (xi) the procedures for the utilization of the proceeds of the Transfers for the implementation of Part B of the Project. (b) Except as the Borrower and the Bank may otherwise agree in writing, the Borrower, through MOT, shall not abrogate, amend, suspend, waive or otherwise fail to enforce the Operational Manual or any provision thereof. (c) In case of any conflict between the terms of the Operational Manual and those of this Agreement, the terms of this Agreement shall prevail.
Appears in 1 contract
Sources: Loan Agreement
Operational Manual. (a) The Borrower (through MOT) shall maintain, until the completion of the Project, the updated operational manual referred to in Section 5.01(b) of this Agreement, in accordance with terms approved by the Bank, and which shall include, inter alia:
(i) : detailed arrangements for the overall carrying out of the Project, including the additional activities detailed in Schedule 1 to this Agreement;
(ii) ; an institutional implementation plan of MOT, the Participating Cities, the City of Bogotá and the Implementing Entities for the management of their respective Parts of the Project (including, inter alia, allocation of responsibilities among staff, yearly planning of activities and budget and time allocation for those activities), and the establishment and maintenance, throughout Project Implementation, of a Social Management Team in each Implementing Entity;
(iii) ; the procurement guidelines to be followed by the Borrower (through MOT), the Participating Cities, the City of Bogotá and the Implementing Entities set forth in the Procurement Plan and in accordance with the provisions of Section III of Schedule 2 to this Agreement;
(iv) ; the financial management guidelines to be followed during Project implementation by the Borrower (through MOT), the Participating Cities, the City of Bogotá and the Implementing Entities;
(v) ; the guidelines for the preparation of the Annual Action Plans;
(vi) ; the procedures, criteria and standard guidelines satisfactory to the Bank, for the carrying out of training and technical assistance financed under the Project;
(vii) ; the updated RPF, the EMF, and relevant criteria and guidelines for the development and updating of EMPs and RAPs pursuant to the provisions of Section I.D of Schedule 2 to this Agreement;
(viii) ; the criteria for the selection for Participating Cities;
(ix) ; a construction manual to guide the construction and supervision of works under Part B of the Project (which manual shall include, inter alia, the EMPs, provisions for erosion control, natural habitats’ protection, solid waste management, protection of cultural property, occupational health guidelines, first aid instructions and restriction on the use of child labor);
(x) ; the model forms for Subsidiary Agreements; and
(xi) and the procedures for the utilization of the proceeds of the Transfers for the implementation of Part B of the Project.
(b) Except as the Borrower and the Bank may otherwise agree in writing, the Borrower, through MOT, shall not abrogate, amend, suspend, waive or otherwise fail to enforce the Operational Manual or any provision thereof.
(c) . In case of any conflict between the terms of the Operational Manual and those of this Agreement, the terms of this Agreement shall prevail.
Appears in 1 contract
Sources: Loan Agreement
Operational Manual. (a) The Borrower (through MOT) shall maintain, until cause JSIF to carry out the completion of the Project, the updated operational manual referred to in Section 5.01(b) of this Agreement, Project in accordance with terms approved by an operational manual (“Operational Manual”) satisfactory to the Bank, and which shall said manual to include, inter alia:
(i) detailed arrangements the composition, functions and responsibilities (including terms of reference and qualifications) for the overall carrying out of PMT, the ProjectInter-Ministerial Project Steering Committee, including and the additional activities detailed in Schedule 1 to this AgreementRural Economic Evaluation Committees;
(ii) an institutional implementation plan of MOTthe Subproject cycle, including the Participating Cities, the City of Bogotá eligibility and the Implementing Entities prioritization criteria for the management of their respective Parts Subproject selection under Part 1 of the Project (including, inter alia, allocation of responsibilities among staff, yearly planning of activities and budget and time allocation for those activities)Project, and for Beneficiaries, including the establishment and maintenance, throughout Project Implementation, of a Social Management Team in each Implementing Entityfiduciary requirements for managing funds;
(iii) model forms for the procurement guidelines to be followed Subproject Agreements, JSIF Subproject Arrangements and a combination thereof for cases where implementation of the respective Subproject is shared by the Borrower (through MOT), the Participating Cities, the City of Bogotá JSIF and the Implementing Entities set forth in the Procurement Plan and in accordance with the provisions of Section III of Schedule 2 to this Agreementrelevant Beneficiary;
(iv) the financial management Environmental Management Framework; the environmental guidelines and procedures to be followed during Project implementation in the environmental screening, approval and mitigation compliance of Subprojects under the Project, including: (A) a negative list of investments which will not be financed under the Project; (B) a provision that Subprojects that will result in significant conversion or degradation of natural habitats will be evaluated to ensure compliance with the Bank’s Operational Policy 4.04; (C) a provision that in the event that any of the Subprojects procure pesticides or result in increased use of pesticides, an appropriate pesticide management plan, as required by the Borrower (through MOT)Bank’s Operational Policy 4.09 will be developed, the Participating Cities, the City of Bogotá which shall include non-chemical measures for pest management and the Implementing Entities;
(v) the guidelines for proper selection, application, storage, handling, transport and disposal of pesticides; and (D) a prohibition to finance under the preparation of Project any Subproject that involves involuntary resettlement as defined in the Annual Action PlansBank’s Operational Policy 4.12;
(vi) the proceduresProject financial management, criteria disbursement and procurement procedures (standard guidelines satisfactory to bidding documents, standard bid evaluation forms and procedures for Community Participation (as defined in the Bank, for the carrying out of training and technical assistance financed Procurement Guidelines) procurement procedures under the Project;Subprojects); and
(vii) the updated RPF, the EMF, and relevant criteria and guidelines for the development and updating of EMPs and RAPs pursuant to the provisions of Section I.D of Schedule 2 to this Agreement;
(viii) the criteria for the selection for Participating Cities;
(ix) a construction manual to guide the construction and supervision of works under Part B of the Project (which manual shall include, inter alia, the EMPs, provisions for erosion control, natural habitats’ protection, solid waste management, protection of cultural property, occupational health guidelines, first aid instructions and restriction on the use of child labor);
(x) the model forms for Subsidiary Agreements; and
(xi) the procedures for the utilization of the proceeds of the Transfers for the implementation of Part B of the ProjectPerformance Indicators.
(b) Except as the Borrower and the Bank may otherwise agree in writing, the Borrower, through MOT, shall not abrogate, amend, suspend, waive or otherwise fail to enforce the The Operational Manual or any provision thereof.
(c) may be amended 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 terms of this Agreement shall prevail.
Appears in 1 contract
Sources: Loan Agreement
Operational Manual. (a) 1. The Borrower (Recipient shall cause INIAF to approve through MOT) shall maintainthe Steering Committee, until the completion of the Project, the updated an operational manual referred to in Section 5.01(b) of this Agreement(“OM”), in accordance with terms approved by form and substance satisfactory to the BankAssociation, and which shall includeconsisting of different schedules setting forth, inter alia:
(i) detailed arrangements respectively, rules, methods, guidelines, specific development plans, standard documents and procedures for the overall carrying out of the Project, including the additional activities following:
(i) the detailed description of Project implementation activities, their sequencing and the prospective timetable and benchmarks in Schedule 1 to this Agreement;
relation thereto; (ii) an the qualification, experience, functions, responsibilities, structure of key staff of INIAF, (iii) the composition of the Steering Committee under the Project, all the institutional implementation plan of MOT, the Participating Cities, the City of Bogotá arrangements in respect thereof and the Implementing Entities ensuing assignment of respective responsibilities for the management of their respective Parts of the Project activities among INIAF’s departments (direcciones), including, inter alia, allocation of responsibilities among staffthe financing, yearly planning of activities reporting and budget and time allocation for those activities), and the establishment and maintenance, throughout Project Implementation, of a Social Management Team in each Implementing Entityauditing aspects thereof;
(i) the detailed procedural guidelines for the public call for Research Subproject proposals; (ii) the eligibility criteria for Research Subprojects and Beneficiaries; (iii) the procurement guidelines to be followed by Beneficiaries’ co-financing requirements; (iii) the Borrower (through MOT)terms of reference, membership and operational procedures of the Participating CitiesEvaluation Committee, including the City of Bogotá proposals’ screening protocols; and the Implementing Entities set forth in the Procurement Plan and in accordance with the provisions of Section III of Schedule 2 to this Agreement;
(iv) the financial management guidelines to be followed during Project implementation by ceiling amounts, terms and conditions of the Borrower (through MOT), the Participating Cities, the City of Bogotá Research Subproject Subgrants and the Implementing Entitiesdefraying arrangements therefor;
(vi) the detailed procedural guidelines for the preparation establishment of the Annual Action PlansSAR Subproject; (ii) the eligibility criteria for SAR Subprojects and Beneficiaries; (iii) the Beneficiaries’ co-financing requirements; (iii) the TUC selection procedures and screening protocols for proposals; and (iv) the ceiling amounts, terms and conditions of the SAR Subproject Subgrants and the defraying arrangements therefor;
(vii) the proceduresintegration, criteria and standard guidelines satisfactory to the Bankpowers, for the carrying out of training and technical assistance financed under the Project;
(vii) the updated RPFfunctions, the EMFresources, and relevant criteria procedural rules and guidelines for operating modalities of the development and updating of EMPs and RAPs pursuant to the provisions of Section I.D of Schedule 2 to this Agreement;
DAFICs; (viiiii) the criteria for the identification, selection for Participating Cities;
(ix) a construction manual to guide the construction and supervision of works under Part B implementation of the Project Pilot Subprojects by selected Departments; and (which manual shall include, inter alia, the EMPs, provisions for erosion control, natural habitats’ protection, solid waste management, protection of cultural property, occupational health guidelines, first aid instructions and restriction on the use of child labor);
(xiii) the model forms for Subsidiary Agreements; and
(xi) the procedures terms and conditions for the utilization of the proceeds of the Transfers for the implementation of Part B of the Project.
(b) Except as the Borrower and the Bank may otherwise agree in writing, the Borrower, through MOT, shall not abrogate, amend, suspend, waive or otherwise fail to enforce the Operational Manual or any provision thereof.
(c) In case of any conflict between the terms of the Operational Manual and those of this Agreement, the terms of this Agreement shall prevail.Pilot Subproject Subgrants;
Appears in 1 contract
Sources: Financing Agreement
Operational Manual. (a) 1. The Borrower (Recipient shall cause INIAF to approve through MOT) shall maintainthe Steering Committee, until the completion of the Project, the updated an operational manual referred to in Section 5.01(b) of this Agreement(“OM”), in accordance with terms approved by form and substance satisfactory to the BankAssociation, and which shall includeconsisting of different schedules setting forth, inter alia:
(i) detailed arrangements respectively, rules, methods, guidelines, specific development plans, standard documents and procedures for the overall carrying out of the Project, including the additional activities following:
(a) (i) the detailed description of Project implementation activities, their sequencing and the prospective timetable and benchmarks in Schedule 1 to this Agreement;
relation thereto; (ii) an the qualification, experience, functions, responsibilities, structure of key staff of INIAF, (iii) the composition of the Steering Committee under the Project, all the institutional implementation plan of MOT, the Participating Cities, the City of Bogotá arrangements in respect thereof and the Implementing Entities ensuing assignment of respective responsibilities for the management of their respective Parts of the Project activities among INIAF’s departments (direcciones), including, inter alia, allocation of responsibilities among staffthe financing, yearly planning of activities reporting and budget and time allocation for those activities), and the establishment and maintenance, throughout Project Implementation, of a Social Management Team in each Implementing Entityauditing aspects thereof;
(i) the detailed procedural guidelines for the public call for Research Subproject proposals; (ii) the eligibility criteria for Research Subprojects and Beneficiaries; (iii) the procurement guidelines to be followed by Beneficiaries’ co-financing requirements; (iii) the Borrower (through MOT)terms of reference, membership and operational procedures of the Participating CitiesEvaluation Committee, including the City of Bogotá and the Implementing Entities set forth in the Procurement Plan and in accordance with the provisions of Section III of Schedule 2 to this Agreement;proposals’ screening protocols; and
(iv) the financial management guidelines to be followed during Project implementation by ceiling amounts, terms and conditions of the Borrower (through MOT), the Participating Cities, the City of Bogotá Research Subproject Subgrants and the Implementing Entitiesdefraying arrangements therefor;
(vc) (i) the detailed procedural guidelines for the preparation establishment of the Annual Action PlansSAR Subproject; (ii) the eligibility criteria for SAR Subprojects and Beneficiaries; (iii) the Beneficiaries’ co-financing requirements; (iii) the TUC selection procedures and screening protocols for proposals; and (iv) the ceiling amounts, terms and conditions of the SAR Subproject Subgrants and the defraying arrangements therefor;
(vid) (i) the integration, powers, functions, resources, and procedural rules and operating modalities of the DAFICs; (ii) the criteria for the identification, selection and implementation of the Pilot Subprojects by selected Departments; and (iii) the terms and conditions for the Pilot Subproject Subgrants;
(e) (i) the Project administrative, financial, accounting, auditing, procurement and disbursement procedures, criteria including all relevant standard documents and standard guidelines satisfactory SBDs; and (ii) the procurement thresholds in respect of the procurement methods set forth in Section III of this Schedule and all associated reviews by the Association under this Project;
(f) the Environmental Management Framework, including: (i) the procedures to follow in case of degradation or conversion of natural habitats or forests; and (ii) the BankPest Management Plan;
(g) the overview of planned capacity building and training activities, including workshops and study tours, to be carried out for the carrying out purposes of training and technical assistance financed under the Project;
(viih) the updated RPF, final form of the EMFinterim unaudited financial reports and Financial Statements for the Project, and relevant criteria and guidelines the terms of reference for the development and updating financial audits of EMPs and RAPs pursuant to the provisions of Section I.D of Schedule 2 to this AgreementProject;
(viiii) the criteria plan for the selection for Participating Citiesmonitoring, evaluation and supervision of the Project, including all technical, environmental, and social aspects in relation thereto;
(ix) a construction manual to guide the construction and supervision of works under Part B of the Project (which manual shall include, inter alia, the EMPs, provisions for erosion control, natural habitats’ protection, solid waste management, protection of cultural property, occupational health guidelines, first aid instructions and restriction on the use of child labor);
(xj) the model forms administrative arrangements and procedural guidelines for Subsidiary Agreementsa grievance redressal mechanism; and
(xik) the procedures performance indicators for the utilization of the proceeds of the Transfers for the implementation of Part B of the Project.
2. The Recipient shall cause INIAF to: (a) maintain the OM throughout Project implementation; (b) take all measures necessary to ensure that the Project is carried out in conformity with the OM; and (c) only amend the OM, from time to time, with the Associations’ prior written consent. Except as the Borrower and the Bank may Association shall otherwise agree in writingagree, the BorrowerRecipient shall not, through MOTand shall cause INIAF not to, shall (including not abrogateallowing any party to any contract or agreement entered into with INIAF for purposes of this Financing), amend, suspendabrogate, waive or otherwise fail to enforce the Operational Manual OM, including the EMF and the PMP, or any provision provisions thereof.
(c) 3. In case the event of any a conflict between the terms any provision of the Operational Manual and those of any one under this Agreement, the terms provisions of this Agreement shall prevail.
Appears in 1 contract
Sources: Financing Agreement
Operational Manual. (a) 1. The Borrower (Borrower, through MOT) DAPR-ACCIÓN SOCIAL, shall maintain, until the completion of carry out the Project, or cause the updated operational manual referred Project to in Section 5.01(b) of this Agreementbe carried out, in accordance with terms approved by a manual (the Operational Manual), acceptable to the Bank, and which shall said manual to include, inter alia:
(i) detailed arrangements for the overall carrying out of the Project, including the additional activities detailed in Schedule 1 to this Agreement;
(iia) an institutional implementation plan of MOTDAPR-ACCIÓN SOCIAL, the Participating Cities, the City of Bogotá Partner Organizations and the Implementing Beneficiary Entities for the management of their respective Parts of the Project (including, inter alia, allocation of responsibilities among staff, yearly planning of activities and budget and time allocation for those activities);
(b) detailed arrangements for the overall carrying out of the Project (including, inter alia, the procurement, financial management, environmental and social guidelines to be followed during Project implementation by the Borrower, the Partner Organizations and the establishment Beneficiary Entities);
(c) the operational plan for Project implementation (“Global Operational Plan”), including: (i) the specific activities to be carried out by DAPR-ACCIÓN SOCIAL with the assistance of the Partner Organizations and maintenancethe Beneficiary Entities during the life of the Project; and (ii) the procurement plan, throughout Project Implementationdisbursement schedule and chart of accounts for the Project;
(d) the criteria and procedures for:
(i) the selection of Partner Organizations and Beneficiary Entities;
(ii) the preparation, review, approval and implementation of a Social Management Team in each Implementing EntityIntegrated Master Plans;
(iii) the procurement guidelines preparation, review, approval and implementation of Investment Subprojects and Institutional Strengthening Subprojects (including, inter alia, a suggested list of possible activities to be followed carried out under Investment Subprojects and a negative list of activities that cannot be carried out under Investment Subprojects);
(iv) the procurement and contracting procedures applicable to consultants’ services, goods and works procured by the Borrower (through MOT)Partner Organizations and/or the Beneficiary Entities under Investment Subprojects and Institutional Strengthening Subprojects, including the Participating Citiesapplicability of the Anti- Corruption Guidelines, the City of Bogotá and the Implementing Entities set forth in the Procurement Plan understanding that the Community Participation Procedures referred to in Section III.B.2 (d) of Schedule 2 to this Agreement shall only apply to Investment Subprojects;
(v) training and technical assistance, environmental assessments and corresponding mitigation measures; and
(vi) determining the Project’s geographic scope within Conflict Affected Regions and/or Priority Areas;
(e) special provisions to address the needs of indigenous peoples, as provided for in the IPDF and in accordance with the provisions of Section III I.E.1 of Schedule 2 to this Agreement;
(iv) the financial management guidelines to be followed during Project implementation by the Borrower (through MOT), the Participating Cities, the City of Bogotá and the Implementing Entities;
(vf) the guidelines for the preparation implementation of the Annual Action Plans;
(vi) EMF and the procedures, criteria and standard guidelines satisfactory to the Bank, for IPDF in connection with the carrying out of training and technical assistance financed under the Project;
(viig) the updated RPF, the EMF, and relevant criteria and guidelines for the development and updating of EMPs and RAPs pursuant to the provisions of Section I.D of Schedule 2 to this Agreement;
(viii) the criteria for the selection for Participating Cities;
(ix) a construction manual to guide the construction and supervision of and/or works under Part B A of the Project (which manual shall include, inter alia, the EMPs, provisions for erosion control, natural habitats’ protection, solid waste management, protection of cultural property, occupational health guidelines, first aid instructions pest management and restriction on the use of child labor);
(xh) the model forms for Subsidiary AgreementsModel Forms; and
(xii) the procedures for the utilization of the proceeds of the Transfers for the implementation of Part B of the ProjectPerformance Indicators.
(b) 2. Except as the Borrower Borrower, through DAPR-ACCIÓN SOCIAL, and the Bank may otherwise agree in writing, the Borrower, through MOTDAPR-ACCIÓN SOCIAL, shall not abrogate, amend, suspend, waive or otherwise fail to enforce the Operational Manual or any provision thereof.
(c) 3. In case of any conflict between the terms of the Operational Manual and those of this Agreement, the terms of this Agreement shall prevail.
Appears in 1 contract
Sources: Loan Agreement
Operational Manual. (a) 1. The Borrower (Borrower, through MOT) DAPR-ACCIÓN SOCIAL, shall maintain, until the completion of carry out the Project, or cause the updated operational manual referred Project to in Section 5.01(b) of this Agreementbe carried out, in accordance with terms approved by a manual (the Operational Manual), acceptable to the Bank, and which shall said manual to include, inter alia:
(i) detailed arrangements for the overall carrying out of the Project, including the additional activities detailed in Schedule 1 to this Agreement;
(ii) : an institutional implementation plan of MOTDAPR-ACCIÓN SOCIAL, the Participating Cities, the City of Bogotá Partner Organizations and the Implementing Beneficiary Entities for the management of their respective Parts of the Project (including, inter alia, allocation of responsibilities among staff, yearly planning of activities and budget and time allocation for those activities); detailed arrangements for the overall carrying out of the Project (including, and the establishment and maintenance, throughout Project Implementation, of a Social Management Team in each Implementing Entity;
(iii) the procurement guidelines to be followed by the Borrower (through MOT)inter alia, the Participating Citiesprocurement, the City of Bogotá financial management, environmental and the Implementing Entities set forth in the Procurement Plan and in accordance with the provisions of Section III of Schedule 2 to this Agreement;
(iv) the financial management social guidelines to be followed during Project implementation by the Borrower Borrower, the Partner Organizations and the Beneficiary Entities); the operational plan for Project implementation (through MOT“Global Operational Plan”), including: (i) the Participating Cities, specific activities to be carried out by DAPR-ACCIÓN SOCIAL with the City assistance of Bogotá the Partner Organizations and the Implementing Entities;
Beneficiary Entities during the life of the Project; and (vii) the guidelines procurement plan, disbursement schedule and chart of accounts for the preparation Project; the criteria and procedures for: the selection of Partner Organizations and Beneficiary Entities; the preparation, review, approval and implementation of Integrated Master Plans; the preparation, review, approval and implementation of Investment Subprojects and Institutional Strengthening Subprojects (including, inter alia, a suggested list of possible activities to be carried out under Investment Subprojects and a negative list of activities that cannot be carried out under Investment Subprojects); the procurement and contracting procedures applicable to consultants’ services, goods and works procured by the Partner Organizations and/or the Beneficiary Entities under Investment Subprojects and Institutional Strengthening Subprojects, including the applicability of the Annual Action Plans;
Anti-Corruption Guidelines, in the understanding that the Community Participation Procedures referred to in Section III.B.2 (vid) the procedures, criteria and standard guidelines satisfactory of Schedule 2 to the Bank, for the carrying out of this Agreement shall only apply to Investment Subprojects; training and technical assistance financed under assistance, environmental assessments and corresponding mitigation measures; and determining the Project;
(vii) ’s geographic scope within Conflict Affected Regions and/or Priority Areas; special provisions to address the updated RPFneeds of indigenous peoples, as provided for in the EMF, IPDF and relevant criteria and guidelines for the development and updating of EMPs and RAPs pursuant to the provisions of in Section I.D I.E.1 of Schedule 2 to this Agreement;
(viii) ; the criteria guidelines for the selection implementation of the EMF and the IPDF in connection with the carrying out of the Project; the guidelines for Participating Cities;
(ix) a construction manual to guide the construction and supervision of and/or works under Part B A of the Project (which manual shall include, inter alia, the EMPs, provisions for erosion control, natural habitats’ protection, solid waste management, protection of cultural property, occupational health guidelines, first aid instructions pest management and restriction on the use of child labor);
(x) ; the model forms for Subsidiary AgreementsModel Forms; and
(xi) and the procedures for the utilization of the proceeds of the Transfers for the implementation of Part B of the ProjectPerformance Indicators.
(b) 2. Except as the Borrower Borrower, through DAPR-ACCIÓN SOCIAL, and the Bank may otherwise agree in writing, the Borrower, through MOTDAPR-ACCIÓN SOCIAL, shall not abrogate, amend, suspend, waive or otherwise fail to enforce the Operational Manual or any provision thereof.
(c) 3. In case of any conflict between the terms of the Operational Manual and those of this Agreement, the terms of this Agreement shall prevail.
Appears in 1 contract
Sources: Loan Agreement
Operational Manual. (a) The Borrower (through MOT) shall maintain, until cause JSIF to carry out the completion of the Project, the updated operational manual referred to in Section 5.01(b) of this Agreement, Project in accordance with terms approved by an operational manual (“Operational Manual”) satisfactory to the Bank, and which shall said manual to include, inter alia:
(i) detailed arrangements the composition, functions and responsibilities (including terms of reference and qualifications) for the overall carrying out of PMT, the ProjectInter-Ministerial Project Steering Committee, including and the additional activities detailed in Schedule 1 to this AgreementRural Economic Evaluation Committees;
(ii) an institutional implementation plan of MOTthe Subproject cycle, including the Participating Cities, the City of Bogotá eligibility and the Implementing Entities prioritization criteria for the management of their respective Parts Subproject selection under Part 1 of the Project (including, inter alia, allocation of responsibilities among staff, yearly planning of activities and budget and time allocation for those activities)Project, and for Beneficiaries, including the establishment and maintenance, throughout Project Implementation, of a Social Management Team in each Implementing Entityfiduciary requirements for managing funds;
(iii) model forms for the procurement guidelines to be followed Subproject Agreements, JSIF Subproject Arrangements and a combination thereof for cases where implementation of the respective Subproject is shared by the Borrower (through MOT), the Participating Cities, the City of Bogotá JSIF and the Implementing Entities set forth in the Procurement Plan and in accordance with the provisions of Section III of Schedule 2 to this Agreementrelevant Beneficiary;
(iv) the financial management guidelines to be followed during Project implementation by the Borrower (through MOT), the Participating Cities, the City of Bogotá and the Implementing EntitiesEnvironmental Management Framework;
(v) the environmental guidelines and procedures to be followed in the environmental screening, approval and mitigation compliance of Subprojects under the Project, including: (A) a negative list of investments which will not be financed under the Project; (B) a provision that Subprojects that will result in significant conversion or degradation of natural habitats will be evaluated to ensure compliance with the Bank’s Operational Policy 4.04; (C) a provision that in the event that any of the Subprojects procure pesticides or result in increased use of pesticides, an appropriate pesticide management plan, as required by the Bank’s Operational Policy 4.09 will be developed, which shall include non-chemical measures for pest management and guidelines for proper selection, application, storage, handling, transport and disposal of pesticides; and (D) a prohibition to finance under the preparation of Project any Subproject that involves involuntary resettlement as defined in the Annual Action PlansBank’s Operational Policy 4.12;
(vi) the proceduresProject financial management, criteria disbursement and procurement procedures (standard guidelines satisfactory to bidding documents, standard bid evaluation forms and procedures for Community Participation (as defined in the Bank, for the carrying out of training and technical assistance financed Procurement Guidelines) procurement procedures under the Project;Subprojects); and
(vii) the updated RPF, the EMF, and relevant criteria and guidelines for the development and updating of EMPs and RAPs pursuant to the provisions of Section I.D of Schedule 2 to this Agreement;
(viii) the criteria for the selection for Participating Cities;
(ix) a construction manual to guide the construction and supervision of works under Part B of the Project (which manual shall include, inter alia, the EMPs, provisions for erosion control, natural habitats’ protection, solid waste management, protection of cultural property, occupational health guidelines, first aid instructions and restriction on the use of child labor);
(x) the model forms for Subsidiary Agreements; and
(xi) the procedures for the utilization of the proceeds of the Transfers for the implementation of Part B of the ProjectPerformance Indicators.
(b) Except as the Borrower and the Bank may otherwise agree in writing, the Borrower, through MOT, shall not abrogate, amend, suspend, waive or otherwise fail to enforce the The Operational Manual or any provision thereof.
(c) may be amended 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 terms of this Agreement shall prevail.
Appears in 1 contract
Sources: Loan Agreement