Comprehensive Project Implementation Agreement
This Agreement is made on this ___ day of __________ 2024, by and between:
1. Donor Representative
Mr./Ms. [Donor Name], residing at [Address], hereinafter referred to as the “Donor
Representative”, acting as a facilitator and fiduciary for funds raised for the purpose of implementing
a community development project.
2. NGO
Ekota Samaj Kallayan Sangstha (ESKS), a registered non-governmental organization under the
laws of Bangladesh, having its principal office at Velabari, Aditmari, Lalmonirhat, Bangladesh,
represented by its Chairman, Mr. Badsha Miah, hereinafter referred to as the “NGO”.
WHEREAS, the Donor Representative has raised funds for the implementation of comprehensive
community development initiatives aimed at uplifting marginalized and underserved communities;
WHEREAS, the NGO agrees to implement the described programs using the funds provided,
ensuring compliance with local and international laws and standards of transparency and
accountability;
NOW, THEREFORE, the parties agree as follows:
1. Objective and Purpose of the Agreement
This Agreement outlines the roles, responsibilities, and obligations of the parties for the effective
implementation of the following programs, collectively referred to as the “Project”:
● Construction of a Five-Story Medical Center.
● Procurement of medical equipment and ambulances.
● Land acquisition and establishment of administrative offices.
● Provision of housing facilities for marginalized communities.
● Implementation of skill-development training programs.
● Ensuring salaries and benefits for doctors, officers, and staff.
● Provision of transportation facilities for smooth project execution.
● Subcontracting specific activities to smaller, community-connected NGOs.
● Construction of guest houses for stakeholders and field personnel.
● Compensation for fundraising teams based in foreign offices.
2. Funding and Financial Arrangements
2.1 Total Funds Raised:
The Donor Representative confirms the transfer of an initial sum of USD 90,500 via SSL
COMMERZ, an approved payment gateway in Bangladesh.
2.2 Future Disbursements:
The total fundraising target for the Project is USD 2 million, with further installments contingent
upon the following:
● Submission and approval of quarterly financial and progress reports.
● Achievement of predefined project milestones.
2.3 Utilization of Funds:
The NGO agrees to utilize the funds exclusively for the Project and in accordance with the approved
budget (attached as Annex 1) and ensure no diversion for unauthorized activities.
2.4 Financial Records:
The NGO shall maintain detailed financial records, including receipts, invoices, and payment
vouchers, and make them available for audit upon request.
3. Roles and Responsibilities
3.1 Responsibilities of the Donor Representative:
a) Facilitate timely transfer of funds to the NGO.
b) Provide advisory support and feedback for effective project execution.
c) Oversee compliance with the agreed terms and ensure funds are utilized as per the objectives.
d) Liaise with donors and stakeholders to maintain engagement and support.
3.2 Responsibilities of the NGO:
a) Plan, implement, and monitor the Project activities as outlined in Clause 1.
b) Ensure adherence to timelines and quality standards.
c) Hire and train qualified personnel for Project implementation.
d) Engage reputable subcontractors for activities requiring outsourcing.
e) Submit progress reports (narrative and financial) quarterly to the Donor Representative.
f) Facilitate on-site visits and audits by authorized personnel.
g) Address risks, grievances, or delays promptly.
4. Monitoring, Evaluation, and Reporting
4.1 Monitoring and Evaluation Framework:
a) The NGO shall establish a comprehensive monitoring framework, including key performance
indicators (KPIs), baseline data, and impact assessment criteria.
b) The Donor Representative shall have the right to appoint independent auditors or evaluators to
assess Project progress.
4.2 Reporting Obligations:
a) The NGO shall submit the following reports:
● Quarterly Reports: Covering financial expenditure, progress, challenges, and proposed
solutions.
● Annual Impact Reports: Highlighting key achievements, lessons learned, and future
strategies.
b) Reports must adhere to the templates provided by the Donor Representative.
4.3 Audit Requirements:
The NGO agrees to an annual financial audit conducted by a certified external auditor, with the report
shared with the Donor Representative within 60 days of the fiscal year-end.
5. Subcontracting and Third-Party Engagements
5.1 Subcontracting Conditions:
The NGO may subcontract specific activities to smaller NGOs, subject to the following conditions:
a) Written approval from the Donor Representative.
b) Subcontractors must meet the criteria.
c) Regular reporting by subcontractors to the NGO.
5.2 Liability for Subcontractors:
The NGO shall remain liable for the performance of all subcontracted work and ensure compliance
with this Agreement.
6. Term and Termination
6.1 Term:
This Agreement shall remain effective from the date of execution until the Project completion or
termination, whichever is earlier.
6.2 Termination by Notice:
Either party may terminate this Agreement with 30 days’ written notice, provided reasons for
termination are specified.
6.3 Immediate Termination:
The Agreement may be terminated immediately in case of:
a) Breach of terms or misuse of funds.
b) Non-compliance with reporting obligations.
c) Fraudulent or unethical practices by either party.
7. Governing Law and Dispute Resolution
7.1 Governing Law:
This Agreement shall be governed by the laws of Bangladesh.
7.2 Dispute Resolution:
a) Disputes shall first be resolved through mutual discussions and mediation.
b) Failing resolution, disputes shall be referred to arbitration under the Bangladesh Arbitration Act,
with the decision binding on both parties.
8. Confidentiality
Both parties agree to maintain confidentiality concerning all proprietary information, donor details,
and Project data shared during the term of this Agreement and thereafter.
9. Force Majeure
Neither party shall be held liable for failure or delay in performing their obligations due to unforeseen
events such as natural disasters, war, strikes, or government restrictions.
10. Miscellaneous Provisions
10.1 Amendments:
This Agreement may only be amended by mutual written consent of both parties.
10.2 Severability:
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions
shall continue in full force and effect.
10.3 Entire Agreement:
This document constitutes the entire understanding between the parties and supersedes all prior
agreements or representations.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.
For the Donor Representative:
Name: ___________________________
Signature: _______________________
Date: ___________________________
For the NGO:
Name: ___________________________
Signature: _______________________
Date: ___________________________
