PWA (Partnership Working Agreement) between Oxfam and REACH-MI

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Oxfam Partner Working Agreement 1. Introduction This is an agreement between Oxfam in the Pacific, 30 Des Vouex Road, Suva, Fiji Islands, (after this called ‘Oxfam’), and the Radiation Exposure Awareness Crusaders for Humanity, Marshall Islands (REACH MI), Majuro, Marshall Islands, (after this called ‘the Partner’), in relation to funding for the activities described below, (after this called ‘initiative’).

2. Initiative Details Type:

Project

Title:

Raising Pacific Voices – Reinforcing Pacific Civil Society

Oxfam Reference:

XPA-0019

Pacific Disability Forum reference:

RPV project

European Union Represented by the European Commission reference:

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3. Agreement Period This agreement will begin on …………….. and end on 31st December 2019.

4. Preamble Partnerships is core to Oxfam’s mandate. We work closely with our partners to overcome poverty and injustice. Oxfam’s work with partners is guided by six ‘partnership principles’ for building effective and accountable partnerships.

Shared Vision and Values: Oxfam and our partners share a vision for a fair world free of poverty and injustice and a belief that all people should enjoy fundamental human rights.

Complementarity of purpose and value added: We value the diverse knowledge, experience and skills that our partners bring and recognise these as essential to ensuring success and sustainability of our joint work on this initiative. We will create opportunities for partners and Oxfam to articulate what they value and what each can contribute to the partnership to develop a common understanding of shared purpose, mutual benefits and interests.

Autonomy and independence: Oxfam respects the right of each partner to determine their own institutional identity, directions and priorities. Oxfam recognises that power imbalances may exist in a funding relationship and will take measures to address this through respectful interactions and fostering two-way feedback loops and strong accountability systems.

Transparency and Mutual Accountability: We will explicitly discuss how Oxfam is accountable to partners through effective feedback and complaints mechanisms and how Oxfam and partners are accountable to the communities we work in. Throughout the partnership, we will aim to maintain a strong, two-way relationship through mutual accountability mechanisms, good dialogue and forums for exchange.

Clarity of roles and responsibilities: Oxfam recognises that effective partnerships are built on clear and shared understanding of respective roles and responsibilities. The rights, obligations, roles and responsibilities of Oxfam and Partners are detailed in this agreement so that all parties are clear about expectations. We will also create regular opportunities to discuss and clarify our understanding of each other’s roles and how to strengthen the partnership. Wherever relevant and within available resources, Oxfam will work with partner organisations to support institutional strengthening and to promote

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effectiveness. We will also support partners’ visibility across all areas of our work and will explicitly acknowledge their work under this initiative.

Commitment to joint Learning: As a learning organisation, Oxfam will consult and agree with Partners how we can learn from our joint work and understand the factors that contribute to successful partnerships. We will ensure that joint learning will lead to continuous improvements for increasing the impact of our work.

While differences in contexts may require different approaches, we strive to ensure that all of our work with partners reflect these six partnership principles. We seek to work closely with partner organisations in a spirit of mutual respect and trust. This agreement is designed to maintain that spirit, while clarifying mutual responsibilities, minimising administrative burden and maintaining high levels of accountability.

5. Definitions Acquittal

Receipt of funds detailing how funds have been spent by an organisation during an initiative and identifies what funds are remaining to be returned to Oxfam or reallocated to another initiative if accepted by Oxfam.

Annual Report

A written report of the initiative completed annually that describes how the initiative is progressing against the stated aims and objectives. The annual report also contains a section that looks at the budget management for an initiative, which includes incorporating what percentage of the initiative is complete, how much of the budget was spent, how much of the budget is left to spend etc.

Audit

An examination of the financial reports and operational processes of an organization by someone independent of that organization to ensure that financial controls and operations are running effectively.

Authorised Receip t

Document showing ordered goods/services has been delivered.

Authorised receipts are often used for approving payments.

Back-Donor

An institutional donor providing funds to Oxfam Australia who in turn provides funds to the partner to implement the initiative.

Capital Item

Non-consumable items valued at AUD 2000 or more, purchased using funds provided to the Partner by Oxfam under this agreement.

Conflict of Interes t

A situation where an individual has an organisational interest and personal interest that conflict. A conflict of interest arises when a person participating in decision-making that pertains to this initiative is able to gain or could be perceived as gaining advantage for themselves or for another organisation or person in which they have an interest (e.g. any affiliation they have with a supplier of goods and services, recipient of grant funds or organisation with competing or conflicting objectives).

Religious Activit ies

Activities that aim to convert people from one religious faith or denomination to another. Funds should not be used to build places of worship, religious or political structures except in circumstances where those structures are specifically designed to provide relief and/or development assistance. In this context, religious

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structures include not just infrastructure, but could also extend to training or organisational activities.

Force Majeure Event

Any act, event or cause outside the reasonable control of a party which materially impairs that party's ability to perform its obligations under this Agreement, to the extent that the act, event or cause could not have reasonably been anticipated by the party affected or, in the case of reasonably anticipatable acts, events or causes, could not have been prevented or avoided or mitigated by the exercise of reasonable precautions.

Final Report

The final written report of the initiative that describes what the initiative achieved against the stated aims and objectives. The final report also contains a section that looks at the budget management for an initiative, which includes incorporating what percentage of the initiative was completed, how much of the budget was spent etc.

Fraud /

Dishonestly obtaining a benefit by deception or other means.

Fraud ulent Activit y

Any expense which is outside the budget as per Annex B and an item of expense which has not been specifically approved in writing by Oxfam

Ineligible expen se Initiative

A general term used to refer to a project, program, and campaign or advocacy initiative.

Narrated Financ ial Report

A financial report in the standard Oxfam financial report format which includes quarterly/annual expenditure figures against the budget and a narrative explanation of any significant variances and progress of any financial issues identified and agreed to in the appraisal, previous reports or monitoring visits.

Partisan Politic al Activit ies

Activities that align with a political party and are designed to persuade people to support a particular political party.

General support for political participation does not fall within this definition of ’political‘; examples of such general support include civic awareness campaigns or activities that promote the participation of women as political candidates (without promoting specific parties).

Progress Report

A written report of the initiative submitted half-yearly and annually that describes how the initiative is progressing against the stated aims and objectives. The progress report also contains a section that looks at the budget management for an initiative, which includes incorporating what percentage of the initiative is complete, how much of the budget was spent, how much of the budget is left to spend etc.

Tranche

A French word meaning ‘slice’. In the context of finance, ‘tranche’ means a portion of the total expected income.

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Welfare Activit ies

Welfare means providing direct assistance to individuals/families because of immediate needs (other than in refugee and emergency situations) rather than address the root causes of those needs, eg. Institutionalised care programs as provided by orphanages. Welfare activities are implemented independently of other sustainable community development activities and there is no strategy for integration into a broader, community development program. Welfare activities are implemented on an ongoing, long-term basis with no clear exit strategy.

6. Purpose 6.1 Oxfam and the Partner agree to work towards the advancement of Pacific Civil Society in an amicable and reciprocal spirit and on the basis of bilateral cooperation without excluding other potential partners. This agreement covers cooperation for the initiative titled, “Raising Pacific Voices – Reinforcing Pacific Civil Society” (EU Grant Contract CSO-LA/2016/374-324). The objectives of the initiative are: Overall objective: To strengthen the capacity of CSOs to influence the development and maintenance of inclusive and accountable government in the Pacific region.

Specific objective: To strengthen the effectiveness of selected national level CSOs and regional CSOs in bringing the diverse voices of Pacific peoples, particularly poor and marginalised groups, on key development issues into selected national and regional policy-making processes.

6.2 The initiatives objectives shall be achieved through the implementation of activities as outlined in the initiative documentation (EU Grant Contract CSO-LA/2016/374-324).

6.3 The initiative has 4 result areas for which the Partners key responsibilities fall under Key Results Areas 1 and 2, and shall include: Result area Result 1 and 2:

Partner responsibility To assist in the promotion and awareness of the project; assist with mapping of constituent interests and expertise. During the life of the project, systems will be developed to help PRNGO constituents participate in the monitoring and evaluation exercises. In the final phase of the project PRNGO through its PDF Chairperson will be involved with sharing the model tools, strategies and platforms with PDF and PRNGO members.

7. Funding 7.1 This initiative is approved for funding of [local currency amount]. This is subject to the availability of funds. Oxfam will not provide funds exceeding local currency specified in this clause 7.2 Oxfam will make the following payments: (Modifiable: if less than four payments are needed, delete those schedules not required) Payment 1: Payment 2: Payment 3: Payment 4:

[Pay1_amt] [local currency] [Pay2_amt] [local currency] [Pay3_amt] [local currency] [Pay4_amt] [local currency]

Payable by:

[Pay1_date]

Payable by:

[Pay2_date]

Payable by:

[Pay3_date]

Payable by:

[Pay4_date]

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7.3 Oxfam pledges to do its best to meet the funding commitments specified above. The Partner should, however, be aware that circumstances beyond the control of Oxfam may affect the payment arrangements. Oxfam will inform the Partner immediately if changes to the payment schedule become necessary.

7.4 Payments after the first payment will be made only when Oxfam receives completed financial and narrative progress reports including financial acquittal of at least 70 per cent of all previous tranches and any audit reports or other deliverables as requested by Oxfam. (See section 10, “Monitoring, reporting and review�). Financial acquittal must not contain any ineligible expenses (as per definition).

7.5 The Partner must spend all funds, including interest earned and exchange-rate gains, solely for the purpose of implementing the activities described in the proposal (Annex A).

7.6 The Partner must spend funds according to the approved budget (Annex B).

7.7 The Partner must implement the initiative in accordance with the back-donor requirements attached in Annex C. (Delete if not relevant)

8. Modification 8.1 Oxfam recognises that unpredictable change in the target communities, initiative area or campaign context may require modification of activities and/or objectives. Oxfam will consider requests received in writing and will, where appropriate, seek approval from back-donors for continued funding (Delete if not relevant) for alteration as per clause 8.2.

8.2 The Partner agrees that changes will not be made to activities and/or objectives without first obtaining written consent from Oxfam, including changes to any third party organisation or individual receiving Oxfam funds as part of initiative implementation. Any modifications must also be fully described in progress reports.

8.3 The Partner must inform Oxfam in writing as soon as possible if the agreed activities will not be completed or objectives not achieved within the agreed period.

8.4 No variation of this Agreement will be valid unless it is in writing and signed by both Oxfam and the Partner.

9. Financial Management 9.1 The Partner will provide Oxfam with an authorised receipt of any funds covered by this agreement within 14 days of receipt of funds or as otherwise agreed to in writing with Oxfam.

9.2 The Partner will structure and maintain its accounts to ensure that Oxfam funds can be separately identified and accounted for. Accounting procedures should be in line with accepted local or international accounting standards.

9.3 The Partner agrees that if independent annual audits of its accounts are undertaken as required under Clause 9.16, a full and complete copy of the auditor’s report will be provided to Oxfam within three months of the end of the financial year.

9.4 If requested by Oxfam, the Partner will provide a list of all third-party organisations or individuals that it has provided with, or intends to provide with, funding or material support to implement this initiative.

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9.5 The Partner must not change any line item in the approved budget (Annex B) by more than 10 per cent without first receiving written approval from Oxfam. The Partner understands that Oxfam is not obliged to provide for expenditure outside the agreed budget.

9.6 The Partner will provide a financial report of expenditure against budget according to the ‘Financial reporting to Oxfam Australia’ format and the schedule listed in clause 10.4.

9.7 The Partner must return any unspent initiative funds to Oxfam, together with the final reports as specified in clause 10.4. In certain cases, with the prior approval of Oxfam, the Partner may apply in writing for an extension to the initiative or submit a new initiative proposal to Oxfam for an amount equal to the unspent funds.

Procurement and Capital Items (Assets) 9.8 The Partner must ensure that all procurement for the initiative is undertaken in a manner that is consistent with the core principle of achieving value for money. At a minimum the Partner will:  ensure that complete and accurate records are maintained, documenting the procedures followed in the procurement of supplies and services to show that the procurement decisions are made in an accountable and transparent manner; and  use its best endeavours to ensure supplies (i.e. purchased items) are maintained including taking appropriate steps to ensure that manufacturer’s warranties of supplies are secured and warranty conditions followed.

9.9

The Partner must keep an asset register that records of all capital items (assets) purchased from funds provided under this agreement. Each item must be clearly marked with a unique identification number and, where appropriate, the name or logo of the donor. Oxfam reserves the right to inspect capital items as part of its monitoring role. For all capital items worth over the limit (AUD 2000 per definition) on date of purchase, records must show the identification number, item description, item cost, item location, date of purchase and date of receipt, and status (meaning whether is current or has been disposed of).

9.10 The Partner must keep records showing that goods purchased for the initiative are of satisfactory quality, have been delivered on time and in good condition and, where practicable, have been purchased through a competitive process and have in place a robust process with sufficient controls to ensure open, transparent and unbiased purchasing arrangements.

9.11 The Partner agrees that purchased capital items will not be used for any purpose other than the activities described in the agreed proposal unless permission for different use is granted by Oxfam.

9.12 Oxfam agrees to negotiate with the Partner the timeframe for disposal of capital items within 12 months of the end of the initiative.

Use of funds and acquitting 9.13 The Partner agrees that Oxfam funds will not be used to fund any welfare, religious or partisan political activities.

9.14 The Partner must provide an acquittal of each tranche received and then acquit all funds spent including any interest earned and exchange-rate gains at the conclusion of the initiative.

9.15 The Partner must spend all funds, including any interest earned and exchange-rate gains, according to the agreed budget phasing (Annex B) and agrees to inform Oxfam of any potential under-spend at the earliest possible time and prior to the 30 June [Year] and/or as and when requested by Oxfam. Within 30 days of the end of the Initiative or this Agreement, the Partner must return to Oxfam any funds that have not been spent in accordance with this Agreement.

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Audit 9.16 The Partner must ensure that their accounts are audited annually by an independent qualified auditor within three months of the end of the financial year, if funding received from Oxfam in the financial year is greater than 50,000 AUD. 9.17 The Partner understands that Oxfam will audit, spot-check or monitor the initiative to satisfy obligations to back-donors and to fulfil the requirements of its own financial management standards.

If audits or monitoring visits are required, Oxfam agrees to provide a minimum of five days’ notice.

The Partner agrees to assist in any such processes and provide original financial records and other documents at the request of Oxfam and/or back-donor representatives. This clause applies for the Term of this Agreement and for a period of seven (7) years after the Agreement ends.

Fraud 9.18 The Partner must not engage in any fraudulent activities in the implementation of this initiative and is responsible for preventing and detecting Fraud in the course of their work.

9.19

The Partner must notify Oxfam within one working day of any detected, suspected, or attempted fraudulent activity involving project funding. The Partner must produce a written report within three (3)working days detailing the nature of the detected, suspected or attempted fraud, and outline planned actions to verify allegations and outlining any planned measures to resolve the case.

Once these measures are complete, the partner will submit to Oxfam a second written report that will detail for consideration and agreement by Oxfam what procedures the Partner proposes to put in place to prevent the reoccurrence of similar fraudulent activity. The Partner agrees to implement any new or amended procedures advised by Oxfam to prevent future fraudulent activity. Partner agrees to provide any further reports to Oxfam as are deemed necessary to ensure Oxfam meets its back-donor requirements.

9.20 The Partner must return to Oxfam any funds which have not been used in accordance with this Agreement, and may be held responsible to replace or refund to Oxfam any monies or assets lost as a result of fraud or mismanagement on the part of the Partner or its partners in the execution of this agreement.

10. Monitoring, Reporting and Review 10.1 Upon request, Oxfam will provide advice to the Partner regarding implementation, monitoring and evaluation of the initiative. Oxfam encourages the Partner to make use of Oxfam’s experience in the management and evaluation of development projects and advocacy campaigns.

10.2 The Partner will assist Oxfam staff and/or back-donor representatives in visiting the initiative at least once during the life of the project, for monitoring purposes and to discuss any extra assistance that may be required.

10.3 Oxfam will advise the Partner at least two weeks in advance of proposed monitoring visits to the initiative site by Oxfam staff or representatives of back-donor organisations (except in the case of financial spot-checks).

10.4 The Partner will provide the following reports in a mutually agreed language, based on sound and regular monitoring practice, using the Oxfam reporting formats at the following times agreed with Oxfam: Narrated Financial Report:

Financial report of expenditure against budget (narrated) according to the

[Date due]* [Date due]*

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Financial and narrative report according to the Oxfam reporting formats submitted half-yearly

[Date due]*

Annual report:

Financial and narrative report according to the Oxfam reporting formats submitted annually

[Date due]*

Final report:

Financial and narrative report according to the Oxfam reporting formats and an acquittal of funds expended

[Date due]*

*The Oxfam Australia standard reporting schedule is, 6 monthly narrated financial reports and narrative progress reports, an annual report and a final report. All reports should be submitted within two months of the conclusion of the initiative.

However, depending on the nature of the initiative being undertaken, variations to this schedule can be negotiated.

Humanitarian/emergency projects will require more frequent reporting than the standard. A schedule of dates for reporting should be negotiated with the partner and listed above.

10.5 Oxfam will provide the Partner with the current versions of the reporting and acquittal formats as they are updated.

10.6 The Partner will use a participatory evaluation process in the creation of the evaluation and/or final/annual report. Oxfam may also request to participate in the evaluation.

10.7 The Partner will attend meetings called by Oxfam which relate to the initiative.

11. Accountability 11.1 The Partner will inform Oxfam in writing about any changes made to the composition and members of its governing body during the life of this agreement within 15 working days of such changes being made.

11.2 The Partner will provide feedback to Oxfam about the support provided by Oxfam and the state of the relationship to assist Oxfam to learn and improve support provided to partners.

11.3 The Partner will encourage communities Oxfam works with / initiative participants to provide critical feedback on the initiative.

11.4 Oxfam will provide a formal response to the feedback given within four weeks of receiving such feedback and respond to significant issues raised by the Partner and/or identified by Oxfam.

11.1 Oxfam has complaints mechanisms in place which the Partner must utilise if they have a legitimate complaint. As per the Oxfam Feedback and Complaints Policy (Program Partners and project participants), Oxfam will provide an initial response to any complaint made within 48 hours. Oxfam will treat the complaint confidentially and provide a formal response within 15 working days of receiving a complaint. Nobody making a complaint against Oxfam will be discriminated against in any way. To use the complaints mechanism the Partner can: (a) Advise the Project Team Leader via email address: avakatale@oxfampacific.org; or (b) Direct their complaint to the Oxfam in the Pacific Regional Director: rnicole@oxfampacific.org; or (c) Call the Regional Director and lodge their complaint via telephone on: +679 3315232; or (d) As a last resort, register & raise their complaint with the PRNGO National Working Group at the country level.

11.2 The Partner must ensure that project participants have access to appropriate, accessible, safe and discreet complaints and response mechanisms for complaints to be raised directly to the Partner and/or to Oxfam as they find appropriate

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11.3 The Partner must communicate to project participants in an appropriate manner the details of a) their own internal complaints and response mechanisms and b) Oxfam complaints and response mechanisms (as per clauses 11.4 and 11.5 above).

11.5 Oxfam agrees that the Partner can view on request Oxfam Australia’s published annual financial report.

11.6 The Partner will maintain and retain financial records and all transaction records relating to the initiative for a period of seven years after the end of this Agreement. This clause survives the expiration of the initiative period and the termination of this Agreement.

11.7 The Partner declares that at the date of signing this agreement, no Conflict of Interest exists or is likely to arise in the implementation of the initiative. The Partner must use its best endeavours to ensure that a situation does not arise which may result in a Conflict of Interest, and not engage in any activity that may result in a Conflict of Interest arising or continuing.

11.8 Where a Conflict of Interest arises in the implementation of the initiative under this Agreement, the Partner must notify Oxfam immediately in writing and must consult and agree with Oxfam on how to undertake the work despite that Conflict of Interest.

11.9 The Partner must provide project participants with accurate and timely information about the initiative, ensure that members of participant communities are able to play an active role in the decision-making processes and activities which affect them, are involved in monitoring and evaluating the initiative.

11.10 If support from Oxfam for the initiative is conditional, Oxfam and the Partner must jointly document the conditions and, develop a schedule of monitoring and reporting to assess progress against the conditions. Conditions and the schedule of monitoring and reporting must be detailed below: (Optional: delete if not applicable) Conditions

Schedule of monitoring and reporting

11.11 The Partner must fulfil Oxfam’s Child Safeguarding minimum standards as outlined in OAU Child Safeguarding Policy, Toolkit and Child Safeguarding Minimum Requirements for Partners (as provided to the Partner). Oxfam will provide training on the requirements of implementing this Policy and the Minimum Standards.

11.12 If the Partner becomes aware of any suspected or alleged instances of child abuse, exploitation or violation of the Child Safeguarding Policy in any operations related to Oxfam and this Initiative, it must inform Oxfam immediately, in writing. This includes Child Safeguarding incidents that could involve Partner staff, Oxfam staff or any other incident of child abuse or exploitation in relation to the Initiative. Oxfam will also keep the Partner informed of any Child Safeguarding reports received

by Oxfam that are related to the Initiative.

11.13 Oxfam has the right to terminate this Agreement immediately if an allegation of child abuse or exploitation has been dealt with inappropriately and if there are consistent inadequacies in meeting the Child Safeguarding Minimum Requirements for Partners.

12. Insurance and Indemnities

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12.1 The Partner must have and maintain for the Term of the Agreement valid and enforceable appropriate insurance policies relevant to the Initiative]. The Partner will provide copies of ‘certificates of currency’ of such insurances at the request of Oxfam, and will hold such insurance current for the minimum duration of the term of the Agreement and three (3) years post the conclusion of the Agreement. If appropriate insurances are unavailable in [Country] the Partner must notify Oxfam of this, and Oxfam will attempt to seek an exemption from the Donor. The Donor will then decide whether an exemption will be granted, in its absolute discretion.

12.2 The Partner agrees to indemnify Oxfam, its officers, directors, employees and representatives against any claim, action, demand, proceeding, loss, damage, cost or liability arising out of: the Partner’s breach of this Agreement; or - any fraud, wilful or negligent act or omission of the Partner, its employees, agents or contractors in connection with this Agreement Except to the extent that any breach of this Agreement, negligent or unlawful act or omission of Oxfam caused the relevant loss, damage, claim, action or expense.

13. Applicable Law and Codes 13.1 The Partner must ensure that its staff respect the laws and regulations of [Country] in which this initiative is being implemented including, but not limited to, laws relating to employment, health and safety and privacy. Oxfam will make every effort to ensure that its staff respect the laws and regulations of [Country] in the implementation of this initiative.

13.2 Oxfam is an NGO accredited by the Australian Government, and, as a result, Oxfam must use its best endeavours to ensure that all activities funded by Oxfam comply with relevant Australian and partner government laws and regulations. To this end, the Partner must use its best endeavours to assist Oxfam in meeting its legal obligations. This includes but is not limited to: 13.2.1 implementing the initiative in full accordance with this agreement and the approved proposal; 13.2.2 complying with Oxfam requests for information regarding implementation of the initiative; 13.2.3 Using its best endeavours to ensure that no funding provided under this Agreement is used in any way directly or indirectly to provide support, resources or assets to individuals, persons or organisations identified as proscribed terrorists by the Australian Government. If the Partner becomes aware of any link whatsoever between its staff and any such proscribed persons or organisations, it must inform Oxfam immediately.

13.2.4 The Partner agrees that it and its staff have not made or caused to be made, or received or sought to receive, any offer, gift or payment, consideration or benefit of any kind, which would or could be construed as an illegal or corrupt practice, or as an inducement or reward in relation to this Agreement.

13.2.5 complying with the following OAU Policies/Approaches throughout project implementation

  

13.2.6 13.2.7

Child Safeguarding ( https://oxfam.box.com/v/ChildSafePol) Disability Inclusion (https://oxfam.box.com/v/DIPolicy)

Welfare, Religious Activities and partisan-political activities (https://oxfam.box.com/v/NonParticipationPol)  Gender Mainstreaming (https://oxfam.box.com/v/GenderMainstreamPolicy)  Environment and Development (https://oxfam.box.com/v/EnviroAndDevPolicy)  Feedback and Complaints (https://oxfam.box.com/v/ComplaintsPolicy)  Value for Money (https://oxfam.box.com/v/oauvfmpolicy)  Fraud Prevention & Response (https://oxfam.box.com/v/oaufraudpolicy)  Aid diversion (https://oxfam.app.box.com/folder/19841602468)  RiskManagement(https://oxfam.box.com/s/ezq8ooivjzz0vhrpe07c3su8tgjzu2gr) ensuring that compliance with the above are routinely documented and monitored including as part of periodic project reporting Informing Oxfam if there is any reasonable concern that any activities funded by this agreement may put at risk Oxfam’ accredited status with the Australian Government.

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13.2.8

Oxfam will provide appropriate guidance, training and support to the Partner to comply with policies/approaches listed under 13.2.4.

Guidelines for implementing 13.2.3:  The Partner will not use Oxfam funds to support any proscribed organisations or individuals.  The Partner will advise Oxfam immediately if it becomes aware of any breach, or suspected breach, of these obligations.  As such, the Partner will be subject to counter terror and aid diversion screening against global terrorist lists.  If Oxfam’s Risk Assessment indicates a higher risk of terrorism funding in the country, the Partner must advise Oxfam of the names of its Board and Management, as well as any controlling entities. Oxfam will make this request in writing.  If Oxfam’s risk assessment indicates that Oxfam needs a detailed counter terror screen of other individuals and organisations receiving project funds, Oxfam will request the Partner in writing to provide Oxfam with names of all their partner organisations, contractors and suppliers with value greater than AUD 5000* per financial year, who are engaged by the partner for this initiative.  Oxfam will provide the Partner a format to enter the names that need to be screened and will provide a report on the screening within 4 working days of receiving the completed template. The Partner may not make payments to any entities until receiving clearance from Oxfam. Clearance only needs to be received before initial payments, not subsequent payments.  Oxfam will also require the Partner to not deal with new partner organisations, contractors or suppliers until Oxfam has completed screening and confirmed that the Partner may proceed with engagement.  If the Partner is notified by Oxfam that a partner organisation, contractor or supplier has been added to the list of Proscribed organisation and individuals, it must immediately cease any engagement with that entity, and make no further transfers of funds to the entity. *This limit can be revised as per Oxfam’s situational and risk analysis of a given context at any given point in time. Oxfam reserves its rights to inform the Partner accordingly of any proposed changes as and when needed.

Information on how to avoid financing terrorist entities, along with links to lists of proscribed terrorist organisations and individuals, can be found at: http://dfat.gov.au/international-relations/security/sanctions/Pages/consolidated-list.aspx.

Oxfam will provide this information in hard copy at the Partner’s request.

13.3 This agreement will be governed by the laws of Victoria, Australia and the parties submit to the nonexclusive jurisdiction of the courts of that State. Any disputes shall be resolved in accordance with clause 19 of this agreement.

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Intellectual Property

The Partner understands that Oxfam: (a) continues to own all intellectual property that belonged to Oxfam prior to the implementation of the initiative that has been shared with the Partner for the purposes of the initiative; will own all intellectual property created by and derived from the initiative by the Partner. Oxfam gives to the Partner a worldwide licence to use this intellectual property in the implementation of this and other relevant initiatives. The licence granted to the Partner includes the right to allow any of the Partner’s employees, agents or contractors to use, reproduce, adapt and otherwise use the intellectual property created by and derived from the initiative.

15

Donor Acknowledgement

15.1 The Partner must acknowledge Oxfam and [Back-donor] support for this initiative in all public information, initiative documentation, and appropriate signage at project sites. All materials and merchandise used to acknowledge support, such as clothes, signposts, badges and stickers, must

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be approved by Oxfam prior to use.

15.2 The Partner must inform the target communities and the public at large of details regarding Oxfam funding for this initiative (excluding staff salaries) as appropriate.

16

Confidentiality and Disclosure of Information

16.1 The Partner will seek express written permission from Oxfam to disclose any confidential information to third parties gained through the implementation of this initiative relating to Oxfam or individuals involved in this initiative, be they members of participants’ communities or Oxfam staff.

The Partner will not release statements to the media about the project without prior agreement with Oxfam. ‘Confidential information’ includes any information which has been specifically designated as confidential by Oxfam relating to the Initiative and any information which relates to the commercial and financial activities of Oxfam, the unauthorised disclosure of which would embarrass, harm or prejudice Oxfam.

16.2 Personal Information gained by the Partner through the implementation of this initiative will be used or disclosed during the course of delivery of the initiative only for the purposes of fulfilling obligations under this agreement and for no other purpose. When the Partner is handling, storing or using the Personal Information, the Partner will maintain effective security measures to protect the Personal Information from misuse, interference, loss, unauthorized access or disclosure. The Partner will not do any act or engage in any practice that would breach an Information Privacy Principle contained in the Australian Privacy Act 1988 (https://www.oaic.gov.au). “Personal Information” means information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

16.3 Where the Partner receives from Oxfam a transfer of Personal Information of persons based out of the European Economic Area, this will occur under the protections of the European Commission's standard contractual clauses advised by Oxfam to the Partner from time to time.

17

Termination

17.1 Oxfam will endeavour to continue to fund the Initiative until the completion of this agreement subject to back donor conditions. Oxfam reserves the right to cease providing funding for this initiative if [Back-donor] cancels the initiative under the terms of its contract with Oxfam and the Agreement will then be renegotiated between the Parties. Also, if Oxfam is forced to withdraw from Marshall Islands due to an adverse security or humanitarian situation, the terms of the agreement will need to be renegotiated between Oxfam and the Partner.

17.2 Oxfam has the right to terminate this Agreement if the Partner commits a substantial breach of this Agreement in a way which cannot reasonably be remedied. If this occurs, the Partner will provide a report on activities to date and acquit and return all unspent funds and capital items purchased with Oxfam funds.

17.3 The Partner has the right to terminate this agreement if Oxfam commits a substantial breach of this Agreement in a way which cannot reasonably be remedied. If this occurs, the Partner will provide a report on activities to date and acquit and return all unspent funds and capital items purchased with Oxfam funds.

17.4 Oxfam reserves the right to terminate this Agreement if the partner ceases to operate, undergoes ongoing management dissolution or enters into external administration. In such cases, Oxfam may terminate this agreement immediately by notice in writing.

17.5 In the event of Oxfam Australia terminating this Agreement on any of the grounds set out above, the Partner will:

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provide a report on activities to date; acquit all funds expended to date; and return all unspent funds and all capital items purchased with Oxfam funds in the possession of the Partner within 28 days of receipt of the Oxfam notice of agreement termination.

17.6 Termination of this agreement will not affect any accrued rights and obligations of Oxfam Australia or the Partner.

18

Dispute Resolution

18.1 The parties agree that any dispute arising during the course of this Agreement will be dealt with as follows a) the party claiming that there is a dispute will send to the other a notice setting out the nature of the dispute; b) the parties will try to promptly resolve the dispute by direct negotiation; c) the parties have 10 business days from the sending of the notice referred to above to reach a resolution or to agree that the dispute will be submitted to an independent expert. The independent expert will be a suitably experienced person, given the subject matter of the dispute, and will be selected by the parties within 10 business days of the notice for referral to dispute resolution, failing which they will be selected by the Institute of Arbitrators and Mediators Australia; d) either party may commence legal proceedings if there is no resolution or agreement after exhaustion of the process referred to in point (c) above.

18.2 Despite the existence of a dispute, the parties will continue to perform the Agreement.

18.3 This clause 18 does not apply to either party commencing legal proceedings for urgent interlocutory relief.

19

Force Majeure Event

19.1 Where any failure or delay by a party in the performance of this Agreement is caused, directly or indirectly, by a Force Majeure Event, the party: (a) is not liable for that failure or delay; and (b) its obligations under this Agreement are suspended, to the extent to which they are affected by the relevant Force Majeure Event, for the duration of the Force Majeure Event.

20 Authorisation For and on behalf of:

Oxfam in the Pacific 30 Des Voeux Road, Suva, Fiji Islands

Signature: Name: Position title: Date: For and on behalf of: Signature:

Radiation Exposure Awareness Crusaders for Humanity, Marshall Islands (REACH MI) Majuro, Marshall Islands

EU-CSO-LA/2016/374-324

Name: Position title: Date: Banking details:

Bank name: Bank address (full street address): Beneficiary* name: Beneficiary account number: Beneficiary address (full street address): SWIFT number: For Euro transactions please supply an IBAN number:

*this is the name of the Partner.

Preparation of Agreement Prepared by Name: Position: Signature:

Annex A: Organisational Capacity Development Plan Country/Program Team to insert Annex B: Budget Country/Program Team to insert Annex C: EU Reporting templates Annex D: EU PRAG

EU-CSO-LA/2016/374-324

ANNEX A – ORGANISATIONAL CAPACITY DEVELOPMENT PLAN

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ANNEX B – BUDGET

EU-CSO-LA/2016/374-324

ANNEX C – EU Reporting templates

Contract number>

· ·      

· · · · · ·

·

INTERIM NARRATIVE REPORT

 This report must be completed and signed by the Contact person of the Coordinator.  The information provided below must correspond to the financial information that appears in the financial report.  Please complete the report using a typewriter or computer (you can find this form at the following address <Specify>).  Please expand the paragraphs as necessary.  Please refer to the Special Conditions of your grant contract and send one copy of the report to each address mentioned.  The Contracting Authority will reject any incomplete or badly completed reports.  The answer to all questions must cover the reporting period as specified in point 1.6.

· Table of contents · List of acronyms used in the report · 1.

· · · · · · · · · ·

<Start date and end date of the reporting period>

·

Description

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1.1.

Name of Coordinator of the grant contract:

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1.2.

Name and title of the Contact person:

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1.3.

Name of Beneficiary(ies) and affiliated entity(ies) in the Action:

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1.4.

Title of the Action:

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1.5.

Contract number:

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1.6.

Start date and end date of the reporting period:

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1.7.

Target country(ies) or region(s):

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1.8.

Final beneficiaries &/or target groups (if different) (including numbers of women and men):

·

1.9.

1

Country(ies) in which the activities take place (if different from 1.7):

1

·

“Target groups” are the groups/entities who will be directly positively affected by the project at the Project Purpose level, and “final beneficiaries” are those who will benefit from the project in the long term at the level of the society or sector at large.

· ·

· ·

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· ·

· 2. ·

Assessment of implementation of Action activities 2.1.

Executive summary of the Action

· · Please give a global overview of the Action’s implementation for the reporting period (no more than ½ page) · · Please list the indicators of the Specific Objective, and provide level of achievement if available at this stage: · · SO. "Indicator 1" : target value · · SO. "Indicator 2" : target value · ·

2.2.

Results and Activities

· · What is your assessment of the results of the Action so far? Include observations on the performance and the achievement of outputs, outcomes and impact in relation to specific and overall objectives, and whether the Action has had any unforeseen positive or negative results. · · Following Annex 1, please list all the results with progress of the related indicators and all the related activities implemented during the reporting period · · R1 – "Title of result 1" · · <quantify the achievement of each result from the beginning of the action and explain any changes, especially any underperformance; refer to the indicators and assumptions in the Logframe>: · · 1.1 "Indicator 1": target value (R1) · · 1.2 "Indicator 2": target value (R1) · · 1.3 ….

·

· A1.1 "Title of the activity: Conference at location W with X participants for Y days on Z dates" · · Topics/activities covered <please elaborate>: · · Reason for any changes in the planned activity <please explain any problems (e.g. delay, cancellation, postponement of activities) which have arisen and how they have been addressed> (if applicable): · · Please list any risks that might have jeopardised the realisation of some activities and explain how they have been tackled. · · A1.2 – Title of activity 2" · … · · R2 – Title of result 2" ·

·

· ·

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·

· · ·

·

…

· · · ·

2.1 "Indicator 1" : target value (R2)

· · ·

A2.1 – "Title of activity 1" (R2)

..

2.2 "Indicator 2" : target value (R2) …

…

A2.2 – Title of activity 2" (R2)

· …

·

·

·

2.3.

If relevant, submit a revised logframe, highlighting the changes.

· Please list all contracts (works, supplies, services) above € 60 000 awarded for the

implementation of the action during the reporting period, giving for each contract the amount, the award procedure followed and the name of the contractor.

· ·

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2.4. ·

··

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· Activity ·

Exampl

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Preparat

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Activity

· ion

· 1(title) ·

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Executi

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Activity

· on

· 1(title)

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Preparat

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Activity

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· 2 (title)

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Etc.

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· · · Half­year 1 ·

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2

Year

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Please provide an updated action plan

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· · Half­year 2

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· Month 1 · · 2·

· 3· · 4·

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· 8·

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· 10· · 11· · 12· · Implementing body ·

· example · ·

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· · · · · · · · · · Example

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·

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· · · · · · · · · · Beneficiary ·

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or

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·· · ·· · ·· · · entity 1

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∙ ∙ 

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affiliated

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· · · · · · · · · · Beneficiary of affiliat

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· · · Be · · or affiliat · · · · · · · · · · neficiary · en ·· · ·· · ·· · · tity 2 · · ·

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··· · ··· · ··· · ··· · ··· ·

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en

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· · · · ·

· · · · ·

3. Beneficiaries/affiliated entities and other Cooperation

∙

∙

·

∙

3.1. How do you assess the relationship between the Beneficiaries/affiliated entities of this grant contract (i.e. those having signed the mandate for the Coordinator )? Please provide specific information for each Beneficiary/affiliated entity.

∙

3.2. How would you assess the relationship between your organisation and State authorities in the Action countries? How has this relationship affected the Action?

∙

3.3. Where applicable, describe your relationship with any other organisations involved in implementing the Action:  Associate(s) (if any)

· · · · ·

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· · · ·

 Sub­contractor(s) (if any)

2 ·

This plan will cover the financial period between the interim report and the next report.

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 Final Beneficiaries and Target groups  Other third parties involved (including other donors, other government agencies or local government units, NGOs, etc.)



·

· 3.4.

·

·

Where applicable, outline any links and synergies you have developed with other actions.

3.5.

If your organisation has received previous EU grants in view of strengthening the same target group, in how far has this Action been able to build upon/complement the previous one(s)? (List all previous relevant EU grants).

· ∙

4. Visibility How is the visibility of the EU contribution being ensured in the Action?

∙

The European Commission may wish to publicise the results of Actions. Do you have any objection to this report being published on the EuropeAid website? If so, please state your objections here.

· · · · · · · · ·

· Name of the contact person for the Action: · …………………………………………… · · Signature: ……………………… ………………

·

Location: ………………………………………

·

Date report due: ……………………..…………

· …………

· ·

Date report sent:

·

EU Grant CSO-LA/2016/374-324

ANNEX D â&#x20AC;&#x201C; EU Practical Guide to Contract Procedures for EU External Actions

https://ec.europa.eu/europeaid/funding/about-funding-andprocedures/procedures-and-practical-guide-prag_en

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