Document 7 • Ref Ares(2020)I527167-12103/20 CONTRACT No.: JRC/FRONTEX/2014 between JOINT RESEARCH CENTRE and European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union The European Commission, represented for the purpose of signing this contract by Mr Stephan Lechner, Director of the Institute for the Protection and Security of the Citizen of the Joint Research Centre, duly entitled to sign, hereinafter referred to as "JRC" and The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, hereinafter referred to as "Frontex", represented for the purpose of the signature of this contract by Mr. Head of ICT Unit, hereinafter referred to as "Frontex" Hereinafter referred to individually as "the Party" or collectively as "the Parties" Having regard to Council Regulation (EC) 2007 /2004, 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 (Frontex), as last amended, Have agreed the conditions below and the following annexes: Annex I - Frontex Media Monitoring (FMM) Service Level Agreement (SLA) Annex II - Newsdesk Service Level Agreement (SLA) Annex III - List of deliverables Which fonn an integral part of this contract. text removed in lower corners,

3% GI6- For
JRC No. 3327172843 TPW

Article I - Scope

The subject of this contract is the definition of the operational, administrative, financial
and technical conditions under which JRC shall provide Frontex with the services and
products to the maintenance and update of the Frontex Media Monitor and the
Newsdesk, which were initially supplied by the JRC in the frame of the SLA No.
JRC/FX/286/2009-1, signed on 17/12/2009.

Article 2 - Expected tasks and deliverables

The expected availability, support, incident resolution, service request fulfilment, and
maintenance services related to Frontex Media Monitor (FMM) are described in Annex
L

The expected availability, support, incident resolution, service request fulfilment, and
maintenance services related to Newsdesk are described in Annex II.

The maximum incident resolution time expected from JRC for assistance in building
categories, editing alerts, source and links maintenance is set to 48 hours.

The maximum incident resolution time expected from JRC for the resolution of IT and
end-users reported problems is of 24 hours for the Newsdesk and 48 hours for the FMM,
during JRC working days.

Article 3 - Applications Update

The updates for the FMM and the Newsdesk are part of JRC normal research activity
and they will take place in parallel to the updates of the Europe Media Monitor. There
is no specific schedule for these particular deliverables; however, JRC shall regularly
communicate to Frontex the release calendar. The communications will be received
every four months and include (at least);
l. The number of service requests, incidents and problems and the KPls indicated
in Annex Iand Annex II;
2. Release notes associated with the accomplished deployments (date, version,
affected components, fixed bugs referred by incident code, improvements);
3. Schedule for the next planned deployments;
Scope of the next planned deployments.

Article 4 - Payment

A total amount of EUR 50.000,00 (fifty thousand Euros) shall be paid by Frontex under
this contract, covering all tasks to be executed.

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

Article 5 - Payment modalities

Payments shall be executed once JRC has fulfilled its obligations arising from this
contract covered by the debit note by the date on which the debit note is submitted.

V3EIE - 231
JIRC No. 3371265 TPW

Following signature of this contract and its three Annexes by the last contracting party,
within 45 days of the receipt by Frontex of a request for pre-financing with a relevant
debit note, a pre-financing payment of EUR 25.000,00 (twenty-five thousand Euro)
equal to 50% of the total amount referred to in Article 4 shall be made.

Within 45 days of the date on which Frontex received the approved deliverables DI,
D2, D4, D5, and D6 laid in Annexes III, payment of the second and last instalment
corresponding to EUR 25.000,00 (twenty-five thousand Euro) equal to 50% of the total
amount referred to in Article 4 shall be made.

In the event of late payment the JRC 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 6 - Bank details

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

text removed, justifcation 1

ABAC references:
Legal Entity:
Bank Account:

Article 7 - Communication

Any communication relating to this contract will be done by writing and bear the
reference number and reference of the deliverables from Annex III. 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:

336 36 -Zoltı
JRC No. 33372063 TPW

Frontex:
Administrative and technical issues Technical issues (IT problem
(updating and user support) solving, installation and system

performance)
Frontex Frontex
Plac Europejski 6 Plac Europejski 6
00-844 Warsaw 00-844 Warsaw
Poland Poland
text removed, justification 1
JRC:

Administrative issues Technical issues

European Commission

Joint Research Centre

Directorate B - Resources

Budget, Accounting and Competitive
Activities — TP 060

European Commission

Joint Research Centre

Institute for the Protection and Security of
the Citizen

Global Security & Crisis Management —
TP 267

text removed, justficaation 1

Article 8 - Delay

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

Article 9 - Validity
This contract enters into force on the day following its signature by the last Party.

The execution of the tasks may not, under any circumstances, begin before the date on
which this contract enters into force.

Article 10 - Length

This contract is concluded for a period of 12 months. This period and all other periods
specified in this contract are calculated in calendar days. The execution of the tasks
shall start from the date of entry into force of this contract. The period of execution of
the tasks may be extended with the written agreement of the Parties before such period
elapses.

N

336 K - Zatlı
IRCNO. 34-2013. TPW

Each Party has the right to terminate this ciontract in case the other Party remains in
serious breach of its contractual obligations after receiving formal notice in writing to
comply, specifying the nature of the alleged failure, and after being given the
opportunity to remedy the failure within a reasonable period following receipt of the
formal notice. This includes where the contractual obligations may no longer be
performed due to lack of necessary budget allocations for the purposes of the contract.
Any termination under this paragraph becomes effective by the end of the next calendar
month after notification to the other Party. The payment amounts are adjusted according
to the tasks actually executed.

In the event of termination of this contract by JRC, all pre-financing, after the deduction
of borne costs at the moment of termination, shall be reimbursed to Frontex.

Article 11 - Amendment

Any amendment to this contract shall be the subject of a written agreement concluded
by JRC and Frontex.

Article 12 - Ownership

Any results or rights thereon, obtained in performance of the contract, shall be owned
by Frontex.

Article 13 - Copyrights

The copyright and other intellectual or industrial property rights, obtained m
performance of the contract, shall be owned by the JRC.

Article 14 - Personal data

Any personal data included in the contract shall be processed pursuant to Regulation
(EC) No 45/2001 on the protection of individuals with regard to the processing of
personal data by the institutions and bodies of the European Union and on the free
movement of such data. Such data shall be processed solely for the purposes of the
performance, management and monitoring of the contract.

Article 15 - Force majeure

Force majeure shall mean any unforeseeable and exceptional situation or event beyond
the control of the Parties which prevents either of them from performing any of their
obligations under the contract, was not due to error or negligence on their part or on the
part of a contractor, and could not have been avoided by the exercise of due diligence.
Defects in equipment or material or delays in making it available, labour disputes,
strikes or financial problems cannot be invoked as force majeure unless they stem
directly from a relevant case of force majeure.

If one Party is faced with force majeure, it shall notify the other Party without delay by
registered letter with acknowledgment of receipt or equivalent, stating the nature, likely
duration and foreseeable effects.

436 76- Tal
JIRC No. 3322]:20.3.TPW

Neither Party shall be held in breach of its contractual obligations if it has been
prevented from performing them by force majeure. Where the JRC is unable to perform
its contractual obligations owing to force majeure, it shall have the right to
remuneration only for tasks actually executed.

The Parties shall take the necessary measures to reduce damage to a minimum.

Article 16 - Dispute

This contract shall be governed by European Union law, complemented, where
necessary, by the national substantive law of Poland. In case of dispute between the
Parties arising out of or in connection with this SLA the Parties agree to settle it by
mutual agreement, Should the dispute not be settled through the procedure
abovementioned it will be brought before the Court of Justice of the European Union

IN WITNESS WHEREOF, this contract in English is made out in duplicate and duly
signed by the authorised representatives on the date as denoted below, and both copies
are to be considered as the original of this contract.

SIGNATURES
For the JRC, For Frontex.
Mr. Stephan Lechner
IPSCDirect or N r Head of ICT Unit
N i
text removed, justfication 1
Done at Ispra, on a #2 [io / y Done at Warsaw, on 1? DEC 201