1. The subject of this Contract is the selection of Financial Intermediaries for the implementation of the Financial Instrument "Regional Local Government Loan" divided into 3 (three) parts, detailed in the Measure of the Financial Instrument, constituting Appendix No. 2 to the Draft Provisions of the Operational Agreement of the 1st degree. 2. The services will be performed in accordance with the conditions specified by the Ordering Party in the Model Agreement - Draft Provisions of the Operational Agreement of the 1st degree - Regional Local Government Loan, which constitute Appendix No. 2 to the SWZ. 3. The terms used in the SWZ and the security for proper performance of the Agreement are defined in the PPU. 4. The Contractor shall bear the risk arising from the loan activity carried out. 5. The amount allocated from the funds made available by the Ordering Party for the implementation of the basic Order (without the Right of Option) amounts to a total of up to PLN 50 000 000.00 (in words: fifty million PLN 00/100), which is the sum of the Limits of the Financial Instrument within individual Parts of the Order. 6. The Ordering Party allows the submission of Partial Tenders for individual Parts. In connection with the division of the Contract into parts, one Contractor in the present proceedings, regardless of whether he acts alone, within a capital group or a consortium, may apply for the implementation of up to one Part of the Contract. The Contractor shall submit a Tender in respect of the Lot applied for. 6.1. Part I (Limit A) – covers the provision by the Financial Intermediary of a service consisting in the creation, implementation and management of the ‘Regional Local Government Loan’ Financial Instrument, consisting in particular in the granting, disbursement and settlement of Individual Loans with the parameters specified in the Financial Instrument Measure, in a total amount of at least PLN 25 000 000.00 (in words: twenty-five million PLN 00/100), from the Contracting Authority's Contribution paid to it, supplemented by a Financial Intermediary's Contribution of not less than 2%, i.e. PLN 510 204.08 (in words: five hundred and ten thousand two hundred and four zlotys, 08/100), intended to support the own contribution of local government units (hereinafter: Local government units) to grant projects implemented under the regional programme European Funds for Łódź 2021-2027 (hereinafter: FEL2027). The required progress in the construction of the Individual Loans Portfolio is specified in the Financial Instrument Metrics; 6.2. Part II (Limit B) – covers the provision by the Financial Intermediary of a service consisting in the creation, implementation and management of the ‘Regional Local Government Loan’ Financial Instrument, consisting in particular in the granting, disbursement and settlement of Individual Loans with the parameters specified in the Financial Instrument Measure, in a total amount of at least PLN 15 000 000.00 (in words: 15 million PLN 00/100), from the Contribution paid to him by the Contracting Authority, supplemented by the Contribution of the Financial Intermediary in the amount of not less than 2%, i.e. PLN 306 122.45 (in words: three hundred and six thousand one hundred and twenty-two zlotys, 45/100), allocated to support the local government's own contribution to grant projects implemented under FEŁ2027. The required progress in the construction of the Individual Loans Portfolio is specified in the Financial Instrument Metrics; 6.3. Part III (Limit C) – covers the provision by the Financial Intermediary of a service consisting in the creation, implementation and management of the ‘Regional Local Government Loan’ Financial Instrument, consisting in particular in the granting, disbursement and settlement of Individual Loans with the parameters specified in the Financial Instrument Measure, in a total amount of at least PLN 10 000 000.00 (in words: PLN 10 million 00/100), from the Contracting Authority's Contribution paid to it, supplemented by the Financial Intermediary's Contribution of not less than 2%, i.e. PLN 204 081.63 (in words: two hundred and four thousand eighty-one zlotys, 63/100), allocated to support the local government's own contribution to grant projects implemented under FEŁ2027. The required progress in the construction of the Individual Loans Portfolio is specified in the Financial Instrument Metrics; NOTE 1: Negative result of verification and identification and risk assessment related to the activity and ownership structure of a potential Contractor within the meaning of the Act of 1 March 2018 on counteracting money laundering and terrorist financing (consolidated text: OJ Journal of Laws 2023, item 1124), will be treated as illegal on the part of the Financial Intermediary, entitling the Ordering Party to terminate the Agreement. NOTE 2: All elements of the subject of the Order calculated from the value (%) of the Financial Intermediary's Contribution in each Individual Loan shall be increased proportionally in accordance with the Financial Intermediary's share in each Individual Loan offered by the Financial Intermediary. 7. Under the Agreement, the Contracting Authority will make a contribution to the ‘Regional Local Government Loan’ Financial Instrument in instalments, the disbursement rules of which are set out in the PPU. 8. The Ordering Party within each Part of the Order provides for the possibility of applying the Option Law on the terms specified in the Agreement, in accordance with art. 1 of the PPA. The Ordering Party has the right to exercise the Optional Right if the following cumulative conditions are met: - The Ordering Party will have at its disposal the Additional Contribution of the Ordering Party in the appropriate amount, and - the Financial Intermediary implements the Operational Agreement of the first degree properly, including all relevant post-inspection recommendations, and on the day on which the Ordering Party exercises the Option Right there is no Non-compliance or Breach with the Financial Intermediary, - the Financial Intermediary has used at least 90% of the Limit during the Portfolio Construction Period. The amount of funds made available to the Contractor under the Option Law is up to 100% of the original Order.
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