1. The subject-matter of the contract is the provision of a service: Granting a long-term loan of PLN 6506625,37 to the Municipality of Ząbkowice Śląskie for:
(1) the financing of the planned budget deficit amounting to PLN 4804261,00,
(2) repayment of previously contracted loans amounting to PLN 1702364,37, in accordance with Resolution No XLVI/65/2013 of Ząbkowic Śląskie City Council of 27 June 2013.
2. General terms and conditions of credit:
(a) the date on which the loan was granted until 31.12.2013.
(b) the repayment term of the loan from 31.1.2014 to 30.4.2029
(C) the bank’s one-off commission on the date of signature of the loan agreement,
(D) the bank’s fixed margin over the life of the loan;
(e) securing a blank promissory note with a promissory note declaration;
The contracting authority reserves the possibility of early repayment of the loan without any additional burden on the part of the bank.
The formal and legal documents of the municipality of Ząbkowice Śląskie relating to the granting of credit are contained in Annex 5 to the ToR.
Common Procurement Vocabulary: CPV – 66113000-5 Credit granting services. Service category 06.
(a) Description: The subject-matter of the contract shall include: granting of a long-term loan of PLN 6506625,37 to the Municipality of Ząbkowice Śląskie (in words: six million five hundred six thousand six hundred and twenty-five zlotys 37/100) for:
(1) the financing of the planned budget deficit amounting to PLN 4804261,00,
(2) repayment of previously contracted loans amounting to PLN 1702364,37,
(b) Loan duration: from the date of conclusion of the contract until 30 April 2029,
(C) The Contractor shall make credit resources available to the Contracting Authority on the date on which the contract is signed. The loan will be used in tranches, at any time and at any rate set by the Municipality;
(D) The release of the loan tranches by the Contractor shall be carried out at the request of the Contracting Authority within the amount and time limit set by the Contracting Authority (within no more than 7 days from the date on which the request for payment was submitted to the account specified by the Contracting Authority) in accordance with the requirements requested by the deadline for payment by 31 December 2013;
(e) The use of the loan will take place in Polish currency,
(F) The contracting authority reserves the right to repay the loan or part of it early without incurring any additional fees and commissions thereon within 14 days’ notice to the Bank;
(g) The Contracting Authority reserves the right to use a loan of less than that referred to in point (a) and to reschedule the repayment of capital instalments due to the use of a lower amount of credit without incurring any costs. The bank will not collect fees and commissions on the unused amount of the loan.
(H) The Contractor undertakes to transfer the amount of credit to the account specified by the Contracting Authority after making a written instruction,
(I) only a blank promissory note accompanied by a declaration of promissory note and a declaration of submission to enforcement will constitute legal security for repayment of the loan granted and other claims relating to the loan;
(J) The contracting authority will provide a guarantee for repayment of the loan on the day on which the credit agreement is concluded,
(K) The loan will be repaid in 62 quarterly instalments, not coinciding with calendar quarters, payable on the last day of the month from 31 January 2014 to 30 April 2029, of which the first instalment is PLN 104945,60, the remaining 61 instalments being equal to PLN 104945,57 each,
Payments of capital instalments may be deferred provided that the Contracting Authority submits a written request for deferment of payment for a specified period. The request must be submitted to the Contractor (at the bank) no later than 10 days before the due date for payment of the capital instalment. The time indicated for the payment of the capital instalment may not extend beyond the duration of the contract. The unpaid principal instalment shall form part of the capital outstanding and shall bear interest on the same terms as those set out in the offer and the contract. After each transfer of the capital instalment, the Contractor shall recalculate the repayment schedule of capital and interest instalments accordingly, in accordance with the Contracting Authority’s request for deferral of the payment deadline. The Contractor will not charge any additional fees or commissions for the above-mentioned activities described in this point.
The schedule for repayment of the capital instalments is annexed to the ToR.
(L) The date of repayment of the loan, interest and other receivables shall be the date on which the funds are credited to the account of the Bank,
(L) If the due date of the credit, interest or other receivable falls on a non-working day, the due date shall be deemed to have been met if the repayment is made on the first business day after that date,
(m) late interest will accrue at the statutory interest rate,
(N) The amount of the loan drawn shall be remunerated on an annual basis at a variable interest rate. The interest rate shall be equal to the reference rate plus the Bank’s margin. The reference rate will be the average WIBOR 3M for the period from 1 to 10 calendar days of the month preceding the month for which interest will be charged. The bank’s margin over the life of the loan is fixed. The Bank will inform the Contracting Authority in writing of the change in the interest rate on the loan and the date of the change. The change in the interest rate of the loan does not require the Bank to terminate the agreement. For each financial period, the interest rate shall be fixed within the contractual credit period.
(o) interest on drawn credit will be calculated on an ongoing basis during the accounting periods and payable at the end of each accounting period, i.e. on the last day of the month in quarterly periods that do not coincide with calendar quarters, the first accounting period starting on the day following the date of the first drawdown and ending on 31.10.2013 (first payment of interest on 31.10.2013). Subsequent quarterly accounting periods shall be calculated from the day following the end of the previous accounting period. The final accounting period will end on the date on which the loan is repaid in full, i.e. 30.4.2029 the actual number of days per month and year shall apply for the calculation of interest.
(p) The amount of the next interest instalment will be communicated by the Bank in writing, fax or electronic means;
(R) The Contractor shall be entitled to charge a preparatory fee.
(s) The loan will be granted on the basis of a contract proposed by the Contractor and accepted by the Contracting Authority, provided that the contract must include the essential provisions of the tender specifications and may not go beyond its provisions.
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