Grant Agreement

1. Grant approval guidelines

 

1.1 The non-profit Leopold Bachmann Foundation must ensure that its funds are used in a cost-effective and efficient manner and for the intended purpose. Therefore, the actual approval guidelines are applied to the arrangement specified in the grant agreement or project application, unless otherwise agreed in writing. The authorization policies bind the contractor of Leopold Bachmann Foundation (also referred to as "funding partners") immediately. In addition, the partner of Leopold Bachmann Foundation is committed to obligate the recipients of funding to comply with these grant guidelines and other contractual agreements.

 

1.2 In addition to these guidelines, any additional special agreements communicated by the Leopold Bachmann Foundation which are in compliance with the grant agreements, are also fully binding.

 

1.3 The funding partner ensures that the end user of a project funding are generally children, young people, women and parents from needy backgrounds or disadvantaged ethnic groups.

 

1.4 The funding partner ensures that the assistance and support is provided to the people regardless of their political, religious and ethnic background.

 

2. Funds request, allocation of funds

 

2.1 Funds request

 

2.1.1 The payout of the grant and/or the disbursement of the partial amount has to be supported by a written request for payment and enclosure of

• proof of utilization of the amount or partial amount transfers of the grant - list of the own funds used or third-party funds
• short project progress report
• payment slips

2.1.2 Early resource requirements are possible but must be submitted at least four weeks in advance. Any changes are to be communicated immediately.

 

2.1.3 The Leopold Bachmann Foundation will transfer only the amount requested and only to the account of the funding partner

 

2.1.4 The allocations approved are not subject to fiscal years and therefore will not expire at the end of a given fiscal year.

 

2.1.5 As a rule and subject to a separate agreement, the following conditions have to be applied:

• Firstly, the own capital resources of the funding partner and/or of its implementing partner in that specific country have to be demonstrably contributed to the project funding and respectively applied.

• Moreover, the other third-party funding has to be introduced into the project funding before the funding resources of the Leopold Bachmann Foundation can be released.

• The above two points must be included and described in the release of the payments of funding resources of the Leopold Bachmann Foundation.

2.1.6  The Leopold Bachmann Foundation handles payments exclusively through the funding partner which in turn is responsible for the correct and intended use of the funds.

 

2.1.7  Funding must always be applied in accordance with the project progress and thus the payments have to be released stepwise – especially by larger projects.

 

2.2 Efficiency and economy

 

2.2.1  The funds are to be used as efficiently and economically as possible. The Leopold Bachmann Foundation can increase funds only in special circumstances upon a justified request of the funding partner; the decision on the increase is to be determined by the Leopold Bachmann Foundation, and can only be special exceptions.

 

2.2.2  The expenditure paid prior to receiving approval letter will not be refunded or reimbursed even partially by the funding partner.

 

2.2.3  As soon as the project is completed, a report on the expenditure of the funds has to be made available to the Leopold Bachmann Foundation and the unused funds of the supported project have to be paid back on the account of the Leopold Bachmann Foundation. The funding partner will waive the repayment claims as already stated on the limitations status of the approval.

2.2.4  The funding partner is fully responsible towards the Leopold Bachmann Foundation for ensuring that the use of the funds involves no corruption or other criminal activity. Where applicable, the transportation and warehousing of materials must be protected in an appropriate manner.

 

2.3 Obligation to ensure sustainability

 

2.3.1  The funding partner will, in any case, have the responsibility to ensure the sustainability of the approved project (in terms of operation, maintenance, replacement/new investments, personnel, education and training, etc.).

 

2.3.2  The funding partner regulates with government agencies and non-government organizations the operation of the project, its proprietary protection, and continuity.

 

2.3.3  The funding partner ensures the environmental safety aspects of the biology and ecology and uses non- chemical methods wherever possible. Whenever possible, the funding partner cultivates the policy of hiring local contractors and thus supports regional economy. The funding partner cares for a correct remuneration and socially equitable treatment.

 

2.4 Deviation from the approval

 

2.4.1 Subsequent changes of the funded project are allowed only with the written consent of Leopold Bachmann Foundation.

 

3. Principles for individual cost categories

 

3.1 Allowance during projects and program

 

3.1.1 Employee compensations are adapted to the entire activity fees as well as the local conditions. The funding partner is responsible for the agreed appropriate classification.

 

3.1.2 Promoting a project in which employees receive a compensation does not establish a working relationship with the Leopold Bachmann Foundation. The funding partner will exempt the Leopold Bachmann Foundation from every claim upon request.

 

3.2 Travel costs

 

3.2.1 Any compensation within the framework of projects is to be paid exclusively to the funding partners. The funding partner is responsible to comply with mandatory regulations (e.g. taxes, social benefits) to its beneficiaries. The Leopold Bachmann Foundation settles accounts only via project payments to the funding partner.

 

3.2.2 If, as part of a project supported by the Leopold Bachmann Foundation, foreign project employees, professional forces, etc., are planning for stays in Switzerland, this will be the sole responsibility of the funding partner and must be organized and regulated by the funding partner (for example through regulations, authorizations).

 

3.3 Purchased items

 

3.3.1 Unless the Leopold Bachmann has indicated otherwise, the purchase of approved equipment is left to the funding partner. The funding partner has:

• to use all possibilities to obtain a discount, especially a relief project discount or account, and where appropriate via central procurement bodies, and

• for larger purchases, an assessment of different offers must be made and the reasons for the final choice must be documented.

In compliance with the obligations pursuant to paragraphs a) and b,) the funding partner has to report on expenditure of funds.

 

3.3.2 The funding partner must ensure the proper use, placement and maintenance of the acquired equipment. The Leopold Bachmann Foundation assumes no running costs (such as energy consumption, insurance, maintenance, repairs and spare/replacement parts).

 

3.4 Ownership rules for movables

 

3.4.1 Unless the Leopold Bachmann Foundation has made a different arrangement, movables (equipment, books, etc.) which were acquired by the funds granted, become the property of funding partner.

 

4. Proof of use, reports, publications

 

4.1 Proof of use, right to audit

 

4.1.1 Evidence of the use of funds is to be presented within a reasonable period of time after completion of the project, but not later than six months thereafter. For projects with a duration of more than one year, interim reports must be submitted. An overview for projects that are funded by installments, payments request, in accordance with the point 2.1 of this agreement, has to be submitted along with interim/progress reports and statements of account of the project.

 

4.1.2 In accordance with good business practices, the funding partner is responsible for the storage of document copies. However, the funding partner should, upon request, disclose information or documents for checking to the Leopold Bachmann Foundation.

 

4.1.3 The Leopold Bachmann Foundation reserves the right to examine the evidence at any time on the spot by inspecting documents and other records of the funding partner or to audit third-party contractors.

 

4.2 Reports

 

4.2.1  The Leopold Bachmann Foundation expects to receive a final report of the project within a reasonable period after completion of the project, but no later than six months thereafter. For projects that take longer than a year, additional periodic and interim reports shall be submitted within two months after the end of each reporting period to the Leopold Bachmann Foundation.

 

4.2.2  Basically, interim and final reports are always submitted by email.

 

4.2.3  Each final report must include a self-evaluation respectively a critical analysis of the level of achievement against the project goals.

 

4.2.4  The Leopold Bachmann Stiftung has to be immediately informed when the project is substantially influenced by events and/or constraints. This information must be accompanied by proposals resolving changed parameters and/or challenges.

 

4.2.5  Final or interim reports according to paragraph 4.2.1 should

1. show the course of the project, as well as pointing out particular strength or weakness of the project,

2. also compare the results to the original objectives, possibly with references related issues and ways of implementation or application - describe and evaluate,

3. miscellaneous, share the assessment of the project circumstances,

4. include a brief financial report (budget actual comparison),

5. information about further generated financial benefits, substantive and conceptual synergies.

4.2.6  Beyond these reporting requirements, the funding partner is obliged to inform the Leopold Bachmann Foundation about any incidents or circumstances which can substantially jeopardize the implementation of the project or achievement of its objectives.

 

4.3 Publications

 

4.3.1 Possible publications and visuals intended for public use will be agreed upon separately.

 

5. Data protection

 

5.1 Data Privacy Statement

 

5.1.1 The funding partner has taken note of the comprehensive Data Privacy Statement posted on the website of the Leopold Bachmann Foundation.

 

5.2 Personal data of other persons

 

5.2.1 If the funding partner makes personal data of other persons (e.g. data of employees, end users of project funding, cooperation partners, contracting parties, etc.) available to the Leopold Bachmann Foundation – e.g. for the purposes of the funding partner's proof of use as per paragraph 4 above – the funding partner shall ensure that such persons are aware of the Data Privacy Statement of the Leopold Bachmann Foundation. The funding partner shall disclose the personal data of other persons to the Leopold Bachmann Foundation only when permitted to do so and only if the said personal data is correct. If the personal data is in the form of images, photographs or the like, the funding partner shall ensure that the data subjects have consented to the use and utilisation of the said images, photographs or the like.

 

5.3 Data transmission to foreign countries

 

5.3.1 The funding partner acknowledges that its own personal data or that of its employees may be transmitted by the Leopold Bachmann Foundation to foreign countries in connection with the implementation of the project or otherwise. The funding partner must expect its data to be transmitted to all countries where the Leopold Bachmann Foundation is active. Insofar as actually necessary, the funding partner issues its consent to such transmission, or demonstrably ensures that its employees consent to such data transmission. This consent can be withdrawn from the Leopold Bachmann Foundation at any time.

 

5.4 Especially sensitive personal data

 

5.4.1 The funding partner also acknowledges that its own especially sensitive personal data or that of its employees may be transmitted by the Leopold Bachmann Foundation to third parties in connection with the implementation of the project or otherwise. The funding partner issues its consent to such transmission, or demonstrably ensures that its employees consent to such data transmission.

 

5.4.2 "Especially sensitive personal data" is deemed to comprise data relating to religious, ideological, political or trades union views or activities; data relating to health, personal sphere, race or ethnicity; genetic data; biometric data; data relating to administrative or criminal prosecutions or sanctions; and data relating to social assistance measures.

 

6. Miscellaneous

 

6.1 Withdrawal, cancellation, termination

 

6.1.1 Basically, a grant that was not at least partially taken up will expire after one year from the date of the written funding commitment, without the need for an explanation from the Leopold Bachmann Foundation. The exception is if the Leopold Bachmann Foundation and the funding partner agree otherwise before the deadline on its extension.

 

6.1.2 The Leopold Bachmann Foundation reserves the right to revoke its commitment and to recover paid funds if grant guidelines or additionally agreed special conditions are not respected, especially if funds are not used correctly, or in case the funding partner has violated other essential contractual obligations. In this respect, the funding partner waives immediately in defense on the statute of limitations.

 

6.1.3 The Leopold Bachmann Foundation reserves the right to discontinue the promotion of a project with impact on the future due to major circumstances (such as political uncertainty, (civil) wars, epidemics, etc.). The same applies if essential prerequisites for the implementation of the project have been eliminated or the objectives of the project, from the point of view of the Leopold Bachmann Foundation, appear to be no longer achievable. The written statement of termination of the project will be issued to the funding partner.

 

6.1.4 In the cases specified in paragraphs 6.1.1 to 6.1.3, the claim of any settlement, compensation or other claims by the funding partner is excluded.

 

6.1.5 The place of jurisdiction is Horgen. Swiss substantive law is applicable.