Doc5-1526918_SLAJRC_FX_138_2012-1_JRC-32787-2012TPW.pdf

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Document 5 JRC Contract No. 32787-2012 TPW SERVICE LEVEL AGREEMENT No.: JRC/FX/138/2012-1 - Ref. Ares(2020)1526918 -12/03/20 between JOINT RESEARCH CENTRE Institute for the Protection and Security of the Citizen and European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union The European Union, represented by the European Commission, represented for the purpose of signing this Service Level Agreement by Dr. Stephan Lechner, Director of the Institute for the Protection and Security of the Citizen of the Joint Research Centre, hereinafter referred to as "JRC" and European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, which is represented for the purposes of the signature of this Service Level Agreement by Mr. Ilkka Laitinen, Executive Director, hereinafter referred to as "Frontex" Having regard to Regulation 2007/2004/EC of the Council of the European Union of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, Have agreed the conditions below and the following annexes: I - FSC Product description document (updates and sources/categories assistance) II - ICT Product description document (IT maintenance) which form an integral part of this Service Level Agreement (SLA) Article 1 The subject of this Service Level Agreement is the maintenance and updating of the Frontex Media Monitor and the Newsdesk, which were supplied by the JRC in the frame of the SLA n. JRC/FX/286/2009-1, signed on 17 December 2009. Article 2 The tasks for updating of the Frontex Media Monitor (FMM) and the Newsdesk are described in Annex I. The tasks for IT maintenance and technical problem solving are described in Annex II. Article 3 The updates for the FMM and the Newsdesk are part of JRC's normal research activity and they will take place in parallel to the updates of the Europe Media Monitor, not existing a specific schedule for these particular deliverables. The maximum response time from the JRC for assistance in building categories, _,.1:.=ng alerts, source and links maintenance is of 48 hours. text removed in lower corners, justification 1
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JRC Contract No. 32787-2012 TPW

The maximum response time from the JRC for the resolution of IT and end-users
problems is of 24 hours for the Newsdesk and 48 hours for the Frontex Media
Monitor, during business week days.

Article 4

The Service Level Agreement enters into force on the day following the signature of
the last contracting party.

Execution of the tasks may under no circumstances begin before the date on which the
Service Level Agreement enters into force.

Article 5

The duration of the implementation shall not exceed 12 months. This period and all
other periods specified in this Service Level Agreement are calculated in calendar
days. Execution of the tasks shall start from the date of entry into force of the Service
Level Agreement. The period of execution of the tasks may be extended only with the
express written agreement of the parties before such period elapses.

Article 6

The maximum total amount to be paid by Frontex under this Service Level Agreement
shall be EUR 50.000,00 (fifty thousand Euro), covering all maintenance, problem
resolution and updating tasks to be executed.

The total amount referred to in the above paragraph shall be fixed and not be subject
to revision.

Article 7

Payments shall be executed only if the JRC has fulfilled his contractual obligations
covered by the debit note by the date on which the debit note is submitted.

Pre-financing:

Following signature of this Service Level Agreement by the last contracting party,
within 30 days of the receipt by Frontex of a request for pre-financing the
maintenance support and updating tasks with a relevant debit note, a pre-financing
payment of EUR 15.000,00 (fifteen thousand Euro) equal to 30% of the total amount
referred to in Article 6 shall be made.

Payment of the Balance

The request for payment of the balance of JRC shall be admissible after 15 April
2013, provided that all deliverables laid in Article I have been approved by Frontex
and correctly executed, within the deadline for response time.

Within 30 days of the date on which Frontex approved those deliverables, payment of
the balance corresponding to EUR 35.000,00 (thirty-five thousand Euro) equal to 70%
of the total amount referred to in Article 6 shall be made.
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JRC Contract No. 32787-2012 TPW
Interests

In the event of late payment the Commission may claim default interest. Interest shall
be calculated at the rate applied by the European Central Bank to its most recent main
refinancing operations (“the reference rate”) plus three and a half percentage points.
The reference rate in force on the first day of the month in which the payment is due
shall apply. Such interest rate is published in the C series of the Official Journal of the
European Union. Interest shall be payable for the period elapsing from the calendar
day following expiry of the time-limit for payment up to the day of payment.

Article 8

Payments shall be made to the JRC bank account denominated in EUR, identified as
follows:

text removed, justifcation 1

Article 9

Any communication relating to this Service Level Agreement has to be in writing and
bear the reference number and reference of the services laid in Article 1. Ordinary
mail shall be deemed to have been received by Frontex or JRC on the date on which it
is registered by the department responsible indicated below. Communications shall be
sent to the following addresses:

Frontex:

Administrative and technical (updating Technical issues (IT problem solving,

and user support): installation and system performance
issues)

Frontex Frontex

Rondo ONZ 1 Rondo ONZ 1

00-124 Warsaw 00-124 Warsaw

Pnland Paland

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JRC Contract No. 32787-2012 TPW

JRC:
Administrative issues Technical issues:
European Commission European Commission
Joint Research Centre Joint Research Centre
Directorate B - Resources Institute for the Protection and Security
Budget, Accounting and Competitive of the Citizen
Activities Global Security & Crisis Management —
I - 21027 - ISPRA (Varese) Italy TP 267

I - 21027 - ISPRA (Varese) Italy

text removed, justfication 1

Article 10

Any delay and their reasons in performance of the tasks must be immediately notified
to Frontex.

Article 11

Any amendment to this Service Level Agreement shall be the subject of a written
agreement concluded by JRC and Frontex. An oral agreement is not binding on the
contracting parties.

Article 12

Any results or rights thereon, obtained in performance of this Service Level
Agreement, shall be owned by Frontex.

Article 13

The copyright and other intellectual or industrial property rights, obtained in
performance of this Service Level Agreement, shall be owned by the JRC.

Article 14

This Service Level Agreement shall be governed by the national substantive law of
Poland. Any dispute between the parties resulting from the interpretation or
application of this Service Level Agreement which cannot be settled amicably shall be
brought before the courts of Warsaw, Poland.
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JRC Contract No. 32787-2012 TPW

SIGNATURES

For the JRC,
Dr. Stephan Lechner
Director

text removed, justifcation 1

Done at Ispra, on 8 MAG. 2012

In duplicate in English.

For Frontex, .
Iikkalaitinen eh bel f Ff
Executive Director

 GilArias
\ 5 Danıntv Fyanı'ıtia Niyestor

Done at Warsaw, on:
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