Agreement
Between
The Office of Missing and Detained
Persons of the Government of the
represented by
Colonel Ivan Grujic, President of the OMDP-ROC
and
The International Commission on
Missing Persons (further referred to as ICMP)
represented by
Adam Boys, Director of
Administration and Finance of ICMP
Covering
ICMP Financial Support for and
Donations of Equipment
to
The Office of Missing and Detained
Persons of the Government of the
A.
Purpose of Financial
Support
In order to aid the OMDP-ROC in
their identification efforts, the ICMP offers to extend financial support to
OMDP-ROC in the sum of 12,500.00 USD per month. Furthermore, the ICMP will use
its best efforts to secure donations of technical laboratory equipment for the
Laboratories covered under this agreement.
B.
Laboratories covered under this
Agreement
The
following laboratories are covered under this Agreement
Clinical
Hospital
Spinciceva 1, 21000
Medicinski fakultet Sveucilista u Zagrebu Zavod za sudsku medicinu i kriminalistiku.
Salata 3 b. 10
000
C.
Conditions of both financial and
donation support
1.
These monies and donated equipment
are to be used for the identification efforts of persons missing as a result of
the conflicts that occurred in the years 1991 to 1995.
2.
These monies and donated equipment
are to be used for the identification of missing persons regardless of
ethnicity, religion or other factors.
3.
The salaries for a total of five
(5) staff members (DNA analysts) for the DNA laboratories indicated in B. above
to be paid in accordance with relevant Croatian
legislation.
4.
Rates of pay, taxes, social
security payments, benefits and fees for these salaries will be the
responsibility of and paid by the respective Croatian
institutions.
5.
All staff shall be employees of
the Croatian institutions and not of ICMP.
6.
The remainder of the financial
support shall be used for the purchase of DNA testing supplies, reagents and
equipment.
7.
The ICMP shall have the
opportunity to review the use of materials purchased and equipment donated
through the identification working group of the OMDP-ROC of which both the Heads
of the laboratories and the ICMP DNA Program Director are
participants.
8.
The OMDP-ROC may use up to 5% per
month for costs relating to the administration of this
agreement.
D.
Payments
1.
Payments will be made by bank
transfer from ICMP’s bank in
2.
Monthly payments will be initiated
by a letter of request or invoice from the OMDP-ROC to the ICMP which should be
sent each month. This should contain details of the bank account for transfer,
the amount of the transfer (USD 12,500 in whatever currency has been determined)
and the month to which the transfer relates.
3.
Payments will be made within ten
working days of receipt of the payment request or invoice.
4.
Payments will be made in arrears
such that a payment request should be made at the end of the month tow which the
payment relates.
E.
Reporting
requirements
1. The OMDP-ROC will be required to produce
reports on the use of funds and equipment in a style and format to be agreed
between the OMDP-ROC and the ICMP Director of the DNA program.
2. Financial reports on the use of funds
shall be required quarterly (every three months) and should include the
following details:
· The number of staff employed
by location for which ICMP funds
have been used to pay salaries
· The net (netto) salaries paid to staff
· The gross (bruto) salaries paid to staff
· The use of
the remainder of the funds including the value of
goods purchased and the types of goods.
3. Financial records of the use of the
financial support should be maintained for three years. ICMP reserves the right
to review this documentation or to request its auditors to review the
documentation. Such reviews would be made at times that are agreed in advance
and convenient to OMDP-ROC.
4. The production of quarterly financial
reports will be a requirement for the payment of the first installment of the
following quarter (three month period).
F.
Duration of contract, renewal and
termination
1. This Agreement will be valid from 1st
June 2001 until the 31st of December 2001. It is intended
that this Agreement will be renewed on an annual basis
thereafter.
2. This agreement may be terminated by
either party with a notice period of one month.
3. ICMP may terminate this Agreement
unilaterally should OMDP-ROC fail to provide the required reports or financial
documentation or access to financial records.
G.
Disputes
1. The parties agree to use their best
efforts to resolve disputes that may arise over the interpretation of this
Agreement.
2. Should it not be possible to resolve
disputes arising over the interpretation of this Agreement then the parties
agree to seek arbitration whereby each party would select an arbiter. These two arbiters would then choose a third. Decisions made by the arbiters on a
majority basis will be accepted by the parties.
3. If disputes cannot be resolved through
the arbitration process above, the parties agree to present the matter to the
court in
4. The English version of this Agreement
shall take force over Croatian or other translations.
H. Entry into
force
This
Agreement shall enter into force with effect from 1st June
2001.
On behalf of OMDP-ROC
On Behalf of ICMP
Col. Ivan Grujic
Adam Boys
ICMP Director of Administration
and Finance