Organized

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 12

Contract no.

2242-261-24
Project: TVET & HE
Project manager: VR
Date: 29.02.2024
Country: Algeria

The following

Short-term Service Contract for International Consultants


is concluded between

AMBERO Consulting Gesellschaft mbH


Westerbachstr. 3
D-61476 Kronberg / GERMANY
(hereinafter referred to as the "Contract Agency")

and

Mr Mohammed Dine
H’raoua, Algiers ; Algeria
ticformation3@gmail.com
(hereinafter referred to as the "Contractor")

§1
Subject-matter of the Contract
(1) AMBERO Consulting GmbH has been commissioned by Deutsche Gesellschaft für Interna-
tionale Zusammenarbeit (GIZ) (hereinafter referred to as the Client) to implement consul-
ting services within the international cooperation programme “Verbesserung der Beschäf-
tigungsfähigkeit von Berufsschul- und Hochschulabsolvent/innen in Algerien – Stärkung
der beschäftigungsrelevanten Schlüssenkompetenzen von Berufsschülern/innen und Stu-
dierenden” (GIZ Contract Number (VN) 81246231, hereinafter referred to as the “Pro-
ject”). The frame of this contract is given by the overarching contract between the client

1
GIZ and AMBERO. The envisaged project duration runs from 01/10/2020 until
30/04/2023.
(2) The nature of the Contractor´s duties is described in Annex 1 (Terms of Reference
AEDA) and specifically in Annex 2 (Terms of Reference « Contribution à l’Atelier : «
Energie photovoltaïque : Marché du travail et besoins en compétences des entreprises
et leur adéquation avec les formations professionnelles existantes – Défis et perspec-
tives » »). In the framework of further operational planning there might be a more de-
tailed specification of duties for the Contractor (to be agreed with the GIZ and the Con-
tract Agency). The relevant general terms and conditions of contracts (GIZ-AVB) have
to be observed.
(3) Mr. Dine shall be assigned with effect as from 13/02/2024 until 16/02/2024 on a
short-term basis. The service contract shall expire on 29/02/2024 after completion
of all duties agreed.
(4) AMBERO reserves the right to terminate this service contract, if its client GIZ does not
wish the Contractor’s further continuance in the project. The Contractor explicitly
agrees upon this condition.
(5) In close coordination with the GIZ team and project coordinator (AV, Mrs. Riccius), the
Contractor will support the consulting team and provide advisory services to the Client
and project partners. His responsibilities could not be delegated to a third party. All
advisory services must be rendered in person. The Contractor shall fulfil any other du-
ties reasonably requested by the Contract Agency.
(6) General counterpart for the Contractor is the responsible Project Manager, Mrs. Vittoria
Riccardi.

§2
Working days, place of service provision and work results
The Contractor is responsible for the implementation of activities relating to the « Analyse du
contenu de deux modules efficacité énergétique dans le bâtiment- Vérification de leur orien-
tation vers les aspects pratiques et répondant au besoin du marché du travail conformément
à l’analyse initiale des besoins» in the Terms of References (see Annex 2), within 2 working
days.
(1) The contractor will provide time sheets (in hours) on a monthly basis to the responsible
Project Manager.

2
(2) The place of service provision will be in Algeria. The place of duty might change due to
the requirements of the project.
(3) The Contractor assures that he has all the necessary vaccinations for assignments and
can work in Algeria. The Contractor will report immediately all circumstances that rule
out assignments abroad, even if only temporally, to the management of AMBERO.
(4) The contract ends with the complete fulfilment of the task and the handover of the
agreed reports, without the need for termination.

§3
Reports

(1) The Contractor is requested to prepare, organise and execute the required work.
(2) The Contractor proactively reports to GIZ and AMBERO’s Project Managers regularly
about the project progress verbally and via e-mail.
(3) All documents (e.g., programme, reports) must be presented in French as digital, pro-
cessable documents (MS Office-file) per email (to GIZ and AMBERO’s Project Managers).
(4) The rights to the utilization of the reports belong exclusively to the Contract Agency. A
dissemination, even in excerpts, is only permitted with the prior consent of the promot-
er.
(5) Documents produced in the framework of this contract and all documents relating to the
project must be handed over to the Contract Agency and the other promoters or, after
his decision, to a third party. At the latest with the acceptance the ownership of the pro-
vided services as well as the handed over documentation goes over to the Contract
Agency.
(6) Documents, copies, photocopies, etc. made by the Contractor are the property of the
Contract Agency. Upon expiration of employment, the Contractor undertakes to hand
over to the Contract Agency all documents concerning the project in their entirety and
duly arranged.

§4
Remuneration and Payments

For his duties, the Contractor shall receive a total remuneration of 500 € composed of the
following components:

Item Remuneration

Honorarium: 250 EUR / full working day for 2 full working days 500 €

3
Other claims to compensation
(1) The agreed remuneration shall cover all services to be performed by the Contractor, in-
cluding all ancillary and material costs. Overtime is not remunerated.
(2) The Contractor will carry out the assignment as an independent consultant. Given the
nature of this contract, the Contractor is solely responsible for the payment of taxes and
social security contributions on any and all income earned as a result of this contract. If
required by the contract agency, the Contractor is prepared to provide documentation of
the fulfilment of this obligation.
(3) The honorarium shall be paid to the Contractor on the basis of one invoice after the pro-
duction of all results and deliverables by the Contractor and their validation by the GIZ
team for the period of performance.
(4) Travel expenses in Algeria (e.g., local transport, daily subsistence allowance, accommo-
dation allowance, communication costs), if any, shall be reimbursed against evidence
separately, according to the Project’s travel regulations and fees (agreed with the GIZ),
covered by the Contract Agency, provided that these costs will be refunded by GIZ.
Travel that GIZ would not cover is considered not necessary. Travel costs need prior ap-
proval by an AMBERO Project Manager. The per diem is based on a lump sum payment
(hotel costs against evidence) including deduction for provided meals.
(5) All payments must be accompanied by a formal invoice accompanied by a statement of
the working times (timesheets, see template in Annex 4) and the required billing docu-
ments, including all original boarding passes. The invoice must be addressed to AMBERO
Consulting GmbH.
(6) The invoices must be addressed to AMBERO Consulting GmbH in a provided template.
(7) The transfer will be done on the following account:
 Account Holder: RAKCHI SALIM
 Name of Bank: Crédit Populaire d’Algerie
 Place of Bank: Agence 135 hotel Shératon club des pins staouali Alger
 Code BIC/SWIFT: CPALDZAL
 Account number:004 00135 4580105513 57
 IBAN: DZ004

4
§6
Security and Insurances
(1) Flight and accommodation booking are organized by the Contractor, in coordination with
the Contract Agency if needed, GIZ security provider and risk management office, and
with GIZ support. The Contractor respects the safety instructions on site by GIZ as well
as the safety briefing(s). Operations can be cancelled or postponed at short notice due to
changes of the security situation without resulting in a claim for compensation for losses
in honorarium.
(2) The Contractor commits himself to effect adequate insurance, especially regarding possi-
ble accidents, illnesses and their prevention. The corresponding evidence shall be pre-
sented on demand.

§7
Professional discretion
After expiration of the Contract, the Contractor undertakes to continue to observe secrecy
about matters which have become known to his during his official duties. This does not apply
to information or facts that are obvious or whose significance does not require the ob-
servance of secrecy.

§8
Extra-contractual activities
Publications and interviews on his field of work within the scope of this contract must be
discussed and agreed upon in advance with the Contract Agency.

§9
Termination
(1) The Contracting Agency and the Consultant may terminate the contract at any time for
good cause either wholly or in respect of individual parts of the work and services or with
regard to individual experts.
(2) Should the Contract Agency terminate the contract for a reason which is the fault of the
Contractor, the only remuneration that shall be paid is for work and services already per-
formed and accepted by the Client.
(3) AMBERO reserves the right to terminate this service contract, if its client GIZ does not
wish the Contractor’s further continuance in the project.

5
(4) Due to Force Majeur, the Contract Agency may terminate the contract at any time either
wholly or in respect of individual parts of the work and services. In that case, the only
remuneration that shall be paid is for work and services already performed and accepted
by the Client.
(5) In the case that the contract is terminated before the beginning of the duty due a gross
negligence or willful misconduct reason to be expressed by the Contractor, the Contrac-
tor is obliged to compensate all costs and losses resulting to AMBERO.

§ 10
Project documents
Documents, copies, photocopies, etc. made by the Contractor are the property of the Con-
tract Agency. Upon expiration of employment, the Contractor undertakes to hand over to the
Contract Agency all documents concerning the project in their entirety and duly arranged.

§ 11
Applicable law
The contracting parties agree that the Service Contract is subject to the law of Germany.

§ 12
Compliance with integrity
AMBERO’s corporate values and principles are the basis of our decisions and daily actions.
We act with integrity and do not accept any violations of applicable laws, in Germany as well
as in our partner countries, and our principles and rules. We have set out our principles such
as equality, compliance with contracts and the law, transparency, loyalty, trust, and coopera-
tion in a spirit of partnership in the Dorsch Gruppe Code of Conduct and act accordingly. We
also expect the same from our subcontractors and professionals and want our partners and
target groups to respect our principles.

(1) In performing his/her services according to this Agreement, the Contractor will not
provide bribes, gifts, direct or indirect payments or kickbacks of any kind, or will offer to pro-
vide or pay such, to employees or representatives of the Company or the Client or authority
or government officials or political parties for purposes of influencing any act or decision or
inducing such authority or government official to use his/her influence with the authority,

6
government or instrumentality thereof to effect or influence any act or decision, or which are
otherwise illegal under any applicable law.
(2) The Contractor is encouraged to report any suspected violations of applicable laws, our
policies, or of the Dorsch Code of Conduct for Business Partners and may do so by contact-
ing an AMBERO Project Manager, or by contacting compliance@ambero.de. In addition, it is
possible to submit a report confidentially to our whistleblower system, the Dorsch Integrity
Line, which is reachable 24/7 via the following address: https://dorsch.integrityline.org.
(3) In performing his/her services according to this Agreement, the Contractor accepts and
abides by the Dorsch Gruppe Code of Conduct for Business Partners as per Annex xx to this
Agreement.
(4) The Contract Agency reserves the right to discontinue any relationship for non-
adherence to international principles, failure to correct violations, or displaying patterns of
non-compliance with the standards of the Code of Conduct for Business Partners.
(5) Unless otherwise agreed, the Contract Agency’s policies as well as other company
regulations and agreements of the Contract Agency shall also apply in their most current
version and shall be complied with by the Contractor.
(6) The Contractor hereby agrees to undergo respective compliance training as part of this
Agreement. It is further agreed that the respective training (lasting approx. 45 minutes/4-5
hours), shall be finalized within 30 calendar days upon signature of this Agreement, and that
the completion certificate is to be presented to the Contract Agency. The respective time is
remunerated by the Contract Agency.
(7) After the period of 30 calendar days, the Contractor shall not be entitled to payment
for services before the completion of such training. If the contract period is less than 30 cal-
endar days, the Contractor hereby agrees to undergo the compliance training immediately
upon start of his/her contract.

§ 13
Writing
The Contract is concluded in writing; the Contractor shall receive one copy of the Contract.
Amendments and additional agreements in respect of this Contract must be made in writing
in order to be valid.

7
Annexes to the service contract for consultants
AMBERO / Contractor:

1 Terms of Reference Project (attached to email, in electronic version)

2 Terms of Reference « Analyse du contenu de deux modules efficacité énergétique


dans le bâtiment- Vérification de leur orientation vers les aspects pratiques et répon-
dant au besoin du marché du travail conformément à l’analyse initiale des besoins »
(attached to email, in electronic version)

3 Personal Data Sheet

4 Monthly Service Time Sheet

5 Dorsch Code of Conduct

9
ANNEX 1
Terms of Reference Project (attached to email, in electronic version)

ANNEX 2
Terms of Reference « Analyse du contenu de deux modules efficacité énergétique dans le
bâtiment- Vérification de leur orientation vers les aspects pratiques et répondant au besoin
du marché du travail conformément à l’analyse initiale des besoins»
(attached to email, in electronic version)

10
ANNEX 3: Personal data
Name and SURNAME: DINE MOHAMMED
H’RAOUA , Algiers , Algeriaa
Address (Street, postal code, city,
country)

109830930007790002
ID-Nr. (passport);
ALGERIA
Country and expiration date
21/ juin/2026
E-Mail: Ticformation3@gmail.com
Tel. (including country code):
Mob. (including country code): +213 558233511

Bank account (for renumeration)


Account Holder: BRAKCHI SALIM
Account Number / IBAN: 004 00135 4580105513 57
BIC/SWIFT Code: CPALDZAL
Name of Bank: CREDIT POPULAIRE D’ALGERIE

Place of Bank/Address: Agence 135 hotel Shératon club des pins staouali
Alger

Tax ID and country of registration:

Accident insurance:
Name of the insurance company
Insurance number:

Health insurance:
Name of the insurance company
Insurance number:

Person to be notified in case of emergency:


Name and SURNAME:

Address (Street, city, postal code,


country)

E-Mail:
Tel. (including country code):
Mob. (including country code):

11
ANNEX 4
Monthly service timesheet for contract No. 2242-261-24

Name of the provider:


Position: Consultant: National Short-term Expert
Year: 2024 Month: February

Hours Worked Activities


M = Hours in mission
Date Day of the week
H = Hours at home
T = travel hours
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Total Hours Worked M= ; H=; T=

Date and signature of the Date and signature of the responsible


consultant for the activity within GIZ TVET & HE

12

You might also like