Cooperation Agreement

COOPERATION AGREEMENT 

signed on 4 September 2002 in Sejny between: 
Borderland Foundation with its head office in Sejny, called hereinafter Foundation, represented by Małgorzata Sporek-Czyżewska, and the Centre "Borderland of Arts Cultures and Nations” in Sejny, called Centre, represented by Wojciech Szroeder.

PREAMBLE 

The issues of the multicultural heritage, at the meeting point of nations and religions, identities and tolerance, gain enormously in importance in the present world. In our region of the world, an additional element is the process of the unification of Europe whose full rights member Poland has become recently. Our cultural traditions should not only be preserved, but also account for an essential contribution in the work of integration and contemporary development of Europe. 
"Borderland” from its very beginnings of its existence has dealt with theses problems and has acquired in this sphere wide experience and opportunities. The present situation demands the initiated in the small Sejny activities be dynamically developed and radiate to other regions and countries, continuing and simultaneously promoting worldwide the Polish and Lithuanian Commonwealth traditions of tolerance. 
To maintain the idea and development of Borderland and to face the challenges standing in front of our culture and education in the period of economic and social transformation and to ensure a high position of the Polish initiative in the sphere of multiculturalism on the European and world stage, indispensable seems a type of partnership based on an intensive cooperation of two institutions linked by convergent aims and statutory tasks: the Centre „Borderland of Arts Cultures and Nations” and Borderland Foundation. 

Thus, taking into consideration the fact that:

  1. Centre and Foundation conduct their statutory activities in compatible areas of interests, particularly in the research and promotion of borderland cultures, 
  2. financial resources obtained by Centre are not sufficient to satisfactorily meet the needs of the currently conducted statutory activities, 
  3. the base of success in cultural undertakings is cooperation between entities and persons, 
  4. for many years now a fruitful cooperation between Centre and Foundation has been conducted bringing measurable results and allowing fully to realize the program and aims of both organizations, 
  5. it is legal and admissible by law to create contracts for the purpose of joint realization of public tasks. 
  6. both parties agree to sign the present agreement. 

§1 Preliminary Provisions 

  1. Both parties unanimously decide to undertake cooperation consisting in the realization of those statutory aims which are identical for Centre and Foundation. 2. The cooperation will be realized conforming to the statutes binding each party. 

§2 Fundamentals of cooperation 

Both parties agree that their cooperation will take place according to the mentioned below principles:

  1. Cooperation will be conforming to the corresponding regulations i.e. particularly the Act of 6 April 1984 on Foundations and Act of 25 October 1991 on Organization and Conduct of Cultural Activities. 
  2. On account of its status Centre will not transfer any funds in support of Foundation which in turn can transfer in support of Centre donations whereat it should require a separate agreement. 
  3. Centre will not finance any activities of the Foundation which on its part can donate to Centre grants and donations. 
  4. All services rendered mutually by both parties will be gratuitous unless the parties decide otherwise. 

§3 Use of the Office 

Both parties agree that Foundation has the right to use the premises of the office of Centre in Sejny in that:

  1. Foundation will use one room of the area of 25 m2 located in the head office of the Centre in Sejny, 
  2. Foundation will use the office for a fee stipulated in a separate lease contract, 
  3. Foundation will use the office of the Centre for an indefinite period of time. 

§4 Use of the Equipment of Foundation 

  1. Both parties determine that Centre will be able to use all types of equipment brought in by Foundation. Under the summary notion of equipment the parties understand technical, office and musical equipment as well as furniture and other devices which in the future will be at Foundation's disposal. 
  2. The use of the equipment will take place according to the following rules: 
    1. Centre will use the equipment without any limitations but in the manner not interfering with the activities of Foundation, 
    2. Centre will use the equipment of Foundation free of charge, whereat it can pay the maintenance costs of the equipment according to the real degree of its wear and the cost of operating materials. 

§5 Library 

  1. The centre maintains a library of books, periodicals and other publications concerning the cultures of Central and Eastern Europe. Therefore it is interested in acquiring new items for research and educational purposes. 
  2. Having regard for the circumstances mentioned in paragraph 1 Foundation pledges that all the acquired books, periodicals and publications concerning the above-mentioned theme will be deposited with Centre. 
  3. The centre pledges under the terms of the deposit to: 
    1. keep a detailed inventory of the items acquired from the Foundation, 
    2. include information about the owner in the catalogue and certificates of particular items, 
    3. take due care of the physical condition of the deposited objects. 
  4. Centre is authorized to make available to the public the transferred by Foundations items for scientific and educational aims. It is, however, obliged to ensure the return of the items. In the event of a refusal to return an item by a user Centre is authorized and simultaneously also obliged to undertake legal activities on behalf of Foundation to recover the item. 
  5. The deposit does not incur any payments from either of the parties. 

§6 Joint realization of cultural ventures 

  1. The parties decide to realize together cultural, educational and scientific undertakings conforming to the statutory aims of Centre and Foundation. 
  2. Their organization will take place according to the following scheme:
    1. participation in the joint realization of a given undertaking involves signing of a separate agreement, it is necessary, however, to establish the rules according to which the undertaking will be organized and determine responsibilities of each party, 
    2. each party will realize on one's own the entrusted to it tasks, 
    3. the liabilities arising in the course of the realization of a given undertaking will be the responsibility of the party that incurred them, 
    4. there will be no transfer of funds between Foundation and Centre unless it is required by the specificity of a given undertaking. 

§7 Donations 

  1. Foundation determines that as far as possible and according to its own financial possibilities it will render financial support to Centre in the form of financial and material donations. 
  2. Such deeds of donation will not be preceded by an authenticated deed, but can be carried out in other forms as determined by the physical nature of the gift. 

§8 Principles of cooperation 

  1. Both parties agree that at least once in a quarter of a year they will meet to determine the framework of their cooperation. 
  2. Both parties allow the possibility of mutual inviting of their own representatives to meetings on certain issues in their own institutions. 

§9 Agreement period 

  1. The present agreement determines the framework of cooperation as open-ended. 
  2. The agreement may be terminated with a three-months′ period of notice. 

§10 Concluding Provisions 

  1. All the issues, not covered by the present Agreement, are subject to the regulations of the Civil Code. 
  2. Any alterations to the present agreement require written form otherwise they will be rendered invalid. 
  3. The agreement was written in two identical copies, one copy for each party of Agreement.