3.1. The subject of the contract is: ‘Provision of a long-term loan in the amount of PLN 5 533 495.42 to finance the planned budget deficit of the Municipality of Kępice and previously incurred liabilities arising from the issue of securities and borrowings’ under the terms and conditions set out in the Terms of Reference and the procurement documents. 3.2. Requirements related to the implementation of the subject of the contract: a) the loan will be granted and settled in Polish zlotys (PLN); b) the loan amount is PLN 5,533,495.42, the Ordering Party reserves the right not to fully use the granted loan without incurring additional commissions and fees in this regard; the planned duration of the loan: until 31 October 2040; d) the loan on the date of conclusion of the contract will be made available to the Ordering Party on the dates specified by the Ordering Party; e) starting and disbursing the loan will take place - on the basis of the written instructions of the Ordering Party within ...... working days (according to the submitted offer) from the date of their transfer to the Contractor in electronic form, to the e-mail address indicated by the Contractor in the contract - to the bank account number indicated by the Ordering Party in the draft provisions of the contract - Annex No. 8 to the SWZ; f) repayment of the loan (capital) from 2027. Repayment of capital in the years 2027 - 2040, annual, by 31 October of each year. Installments in the years 2027-2040 in accordance with the repayment schedule set out in Annex 7 to the SWZ; g) the amount of annual capital repayments may change depending on the actual use of the loan. If the loan granted is not fully used, the instalments will be reduced in proportion to the amount of the loan, while taking into account the rounding of new installments up to a thousand zlotys; h) The Ordering Party reserves the right, during the term of the contract, to make changes in the scope of extending or shortening the loan repayment period. All changes will be made after prior agreement on a new loan repayment schedule between the parties to the contract. The condition for changing the loan repayment schedule will be the conditions resulting from the obligation of the Ordering Party to comply with the requirements contained in Article 243 of the Act of 27 August 2009 on public finances (Journal of Laws No. Journal of Laws 2023, item 1270 as amended) or the occurrence of another legal, economic or technical circumstance, resulting in the impossibility of performance or proper performance of the contract in accordance with the Specification of the Terms of Order, resulting in a change in the essential provisions of the contract; interest shall be calculated on the basis of the actual balance of the debt; j) interest on the loan used will be calculated quarterly on the amount of the current debt and will be subject to repayment on the basis of a notification issued by the Contractor at the earliest on the last day of the quarter for which interest will be charged, sent to the Ordering Party without charging additional fees. The interest shall be repaid within 7 days of receipt of the notification in the month following the end of the quarter for which it is accrued. The last interest shall be payable by 31 October 2040; interest shall not be capitalised; l) the interest rate on the loan on the actual debt will be variable, depending on the three-month WIBOR rate, calculated as the arithmetic average of quotations between the first and the last day of the quarter preceding the quarter for which interest is accrued, adjusted by the Contractor's margin fixed throughout the loan period specified in the offer form; m) if the three-month WIBOR base rate is negative, then until it reaches positive values, the base rate of zero is used to calculate interest; n) to calculate the gross offer price, the WIBOR 3M rate of 26.08.2024 should be used, i.e. 5.85%; the cost of the credit shall consist of interest on the credit granted. The Ordering Party will not incur any other costs and fees related to the preparation, granting, insurance and servicing of the loan than indicated in the offer form; p) the crediting will take place without the need to open an auxiliary account; q) The Ordering Party reserves the right to repay the loan or selected parts thereof earlier without adding any fees, penalties, etc. r) the loan repayment will be secured by a blank promissory note. s) when calculating interest, it is assumed that the month has the actual number of calendar days, while the year 365 days t) Additional information: - The Ordering Party does not use the purchase of receivables - all financial reports on the implementation of the Municipality's budget, as well as the opinions of the Regional Chamber of Accounts can be found on the website of the Municipality of Kępice: https://bip.kepice.pl/ - The budget of the Municipality of Kępice for 2024 (as at 29.08.2024) is: revenue – PLN 86 602 995.76 expenditure – PLN 92 011 817.66 deficit – PLN 5 408 821.80 revenue – PLN 7 238 821.80 expenditure – PLN 1 830 000.00 3.3. The method of performance of the subject of the contract is specified in the draft provisions of the contract - Annex No. 8 to the SWZ. 3.4. The Contractor undertakes to perform the subject of the contract with special care, taking into account the applicable law, standards and rules for the performance of work covered by this contract, as well as the rules of professional ethics. 3.5. Requirements for employment on the basis of an employment relationship, in the circumstances referred to in Article 95 and for the employment of persons referred to in Article 96(2)(2), if the contracting authority provides for such requirements: The Contracting Authority does not specify the obligation of the Contractor or subcontractor to employ a person performing activities related to the implementation of the subject of the contract. 3.6. The Contracting Authority does not reserve the obligation for the Contractor to personally perform key tasks related to the subject of the contract. 3.7. The contractor may entrust the implementation of elements (parts) of the subject of the contract to subcontractors.
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