Document 9 • Ref. Ares(2020)1527261 -12/03/2020 CONTRACT No.: JRC/FRONTEX/873/2016 between JOINT RESEARCH CENTRE and European Border and Coast Guard Agency The European Commission, represented for the purpose of signing this contract by Mr Giovanni De Santi, Director of Directorate I - Competences (Ispra) of the Joint Research Centre, duly entitled to sign, hereinafter referred to as "JRC" and The European Border and Coast Guard Agency, hereinafter referred to as "Frontex", represented for thP rmrpose of the signature of this contract by Mr. I -f. t.>.r J. t ,+p e,,� 1 Sti> 1-;;,:.•cc,hffr-. ( 11ereinafter referred to as "Frontex" Hereinafter referred to individually as "the Party" or collectively as "the Parties" Having regard to Council Decision (89/340/EEC) of 3 May 1989 allowing the Commission to place the installations, equipment or expert assistance of the JRC at the disposal of third parties whether public or private, as appropriate, against payment, Having regard to European Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.09. 2016, p. 1), Have agreed the conditions below and the following annexes: Annex I - Frontex Media Monitor (FMM) and NewsDesk Service Level Agreement (SLA) Annex II - List of deliverables for 201 7 Which form an integral part of this contract.

JRC/FRONTEX/873/2016 JRC No. 34027-2016 TWP

Article 1 - 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) and NewsDesk are
described in Annex I.

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

The maximum incident response time expected from JRC for the resolution of IT and
end-users reported problems is of 24 hours for NewsDesk and 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 I;
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;
4. Scope ofthe 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.

Following signature of this contract and its two Annexes by the last contracting party,
within 45 days of the receipt by Frontex of a request for pre-financing with a relevant

JRC/FRONTEX/873/2016 JRC No. 34027-2016 TWP

debit note, a pre-financing payment of EUR 25.000,00 (twenty-five thousand Euros)
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, D3, D4, D5, D6 and D7 laid in Annex II, 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 expunged, justification 1

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 II. 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 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

ws

JRC/FRONTEX/873/2016 JRC No. 34027-2016 TWP

To the attention To the attention of
text expunged, justification 1 text expunged, justifcation 1
JRC:
Administrative issues O perational communication
European Commission European Commission
Joint Research Centre Joint Research Centre
Directorate R - Resources Directorate I - Competences (Ispra)
Budget and Accounting Unit Text and Data Mining Unit

text expunged, justification 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 01.01.2017.

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.

Each Party has the right to terminate this contract 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.

JRC/FRONTEX/873/2016 JRC No. 34027-2016 TWP

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 im
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 — Confidentiality

JRC undertakes to treat in the strictest confidence and not make use of or divulge to
third parties any information communicated to JRC by Frontex as sensitive and which
are linked to the performance of the contract. JRC shall continue to be bound by this
undertaking for a period of five years after the expiration or termination of the contract.

The undertaking of confidentiality according to the previous paragraph does not apply
in case:

(i) The information becomes available to the public through no wrongful act of
the Commission;

(ii) The information is communicated to JRC without any confidentiality
obligation by a third party that is in lawful possession thereof;

(iii) JRC has already been in possession of the information or the information is
developed by JRC completely independently of any disclosure by Frontex; or

(iv) JRC is required to disclose the information by law; however, whenever
allowed by the applicable law, JRC shall inform Frontex about the impeding
disclosure to allow Frontex to seek a protective order or other appropriate
remedy to prevent the disclosure.

JRC/FRONTEX/873/2016 JRC No. 34027-2016 TWP

Subject to Frontex’ consent, JRC may, wherever appropriate, give reasonable
information regarding this contract and its related SLA to relevant standardisation
bodies, Frontex shall not unreasonably withhold the consent.

If Frontex communicates to third parties information about the subject of this contract,
the work carried out, or the results obtained, he shall acknowledge the
participation/authorship of JRC.

Frontex undertakes to treat in the strictest confidence and not make use of or divulge to
third parties any information concerning the JRC that he may have become acquainted
with during the course of the contract, in case it may reasonably be held that JRC holds
this information confidential or that the disclosure of such information could be
disadvantageous to the Commission. Frontex shall continue to be bound by this
undertaking also after the expiration or termination of the contract.

Article 16 — Classified information

Each Party must processed EU classified information under their respective rules
provided for in their funding Regulation.

Article 17 - 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.

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 18 - 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.

JRC/FRONTEX/873/2016 JRC No. 34027-2016 TWP

Article 19 - Liability

Frontex shall not be liable for damage sustained by the JRC in performance of the
contract except in the event of wilful misconduct or gross negligence on the part of
Frontex.

The JRC shall be liable for any damage caused by it in performance of the contract,
including in the event of subcontracting, except in the following cases:

(i) damage sustained by Frontex in performance of the contract except in the event of
wilful misconduct or gross negligence on the part of the JRC;

(ii) damage caused to any test material or objects supplied by Frontex where such
damage results from the correct performance of work and testing according to
established test procedures.

(iii) damage arising out of the use of the results of the work or tests forming the subject
matter of the contract except in the event of wilful misconduct on the part of the JRC.

Neither Party shall be responsible for any indirect or consequential loss or similar
damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts,
except in the event of wilful misconduct.

All provisions of the contract apply without prejudice to the applicable law. Neither
Party can claim any damages or breach of the contract in cases where the other Party
acts according to its obligations resulting from the applicable law.

JRC/FRONTEX/873/2016 JRC No. 34027-2016 TWP

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.

text expungeg, justifciation 1

06 frz [zo1&@

rn
z— FRONTEX Wera, 10-112016

Annex |

FRONTEX
MEDIA MONITOR and
NEWSDESK

SLA

Version 1.01

Project Name: Frontex Media Monitor - |
Date: 2016.11.23 Balaacc 1.0

Author: Text Removed- Justification 1

Text Removed- Justification 1/Text Removed- Justification 1
Text Removed- Justification 1

 

Revision History

   

DET From To version Description of change Change made
version 31

Text R d-
2016.11.10 - 0.1 Document created fe
1.0 u | Text 'Removed-
2016.11.15 Modifications Justification 1
Text R d-
1.01 Justification 1

2016.11.28 Modification > Text Removed-

Justification 1-

Referenced Documents

tel

 

 

Distribution

   
 

 

Version: 0.1