1. The subject of the contract is: The provision of a long-term loan of PLN 11 000 000,00 to finance the planned budget deficit of the Municipality of Libya and the repayment of previously incurred commitments on loans and loans under the following conditions:
1) the provision of credit will occur in 3 tranches: the first tranche of PLN 4 500 000.00 on 12 July 2021, the second tranche of PLN 5 000 000,00 on 20 September 2021, the third tranche of PLN 1 500 000.00 on 22 October 2021;
2) The Contracting Authority reserves the possibility of not using the credit granted in full (reducing the size of the last tranche or cancelling it) without incurring additional commissions and fees for that matter;
3) the loan period until 31.12.2032.
c.d. description in section 2.4)
The description of the order is section II.1.4) and the entries below.
4) Repayment of the loan (capital) from 2023. Capital repayment from 2023 to 2032, quarterly, on dates to March 31, to June 30, to September 30 to December 31 each year. The installments in 2023amounting to PLN 25 000.00, in 2024amounting to PLN 75 000.00, in 2025 at PLN 125,000.00, in 2026amounting to PLN 200 000.00, in 2027 in the amount of PLN 275 000.00, in 2028 at PLN 350 000.00, in the years 2029 to 2032 heights after 425 000, 00 zł.
5) The amount of quarterly principal repayments may change depending on the actual use of the loan and will be determined after 22.10.2021 (i.e., the deadline for the launch of the loan). In the event of non-utilization of the credit granted in full, the reduction of installments will occur in proportion to the amount of the credit, while taking into account the roundings of new installments up to PLN thousand.
6) Interest repayment from 2022. Interest for the period from 12.07.2021 to 31.12.2021 will be payable in January 2022. The next interest payable will be in quarterly periods, the following month after the expiry of the quarter for which they are charged. The last interest payable will be until 31.12.2032.
7) Loan interest rate will be variable, dependent on the WIBOR three-month rate, calculated as the arithmetic average of the quotations between the first and last days of the quarter preceding the quarter for which interest is charged, adjusted for the bank's fixed margin.
8) Interest will be charged based on the actual debt balance. When accruing interest, it is assumed that the month has the actual number of days and the year is 365 days.
9) The Bank will accrue a one-time commission on the granted credit — due to the grace in the payment of interest, the commission is obligatory pursuant to Article 92 of the Public Finance Act of 27 August 2009 (i.e., Journal of Laws of 2021, item 305).
10) Credit will take place without the need to open an auxiliary account.
11) The cost of the loan is the interest and the commission on the loan granted. No other additional charges are allowed (e.g. for transfers, for issuing opinions).
12) The Contracting Authority reserves the possibility of early repayment of the loan or its selected parts without the payment of any fees, penalties, etc.
13) The collateral for repayment of the loan will be a promissory note “in blanco”.
2. Employment requirements on the basis of employment, under the circumstances referred to in Article 95 of the Pzp Act:
1) The Contracting Authority, pursuant to Article 95 (1) of the Pzp Act, requires employment by the Contractor or Subcontractor on the basis of the employment relationship of persons performing all activities related to the administrative and accounting service of the credit.
2) In the course of the execution of the contract, the Contractor or Subcontractor shall be entitled to carry out control actions against the Contractor or Subcontractor regarding the fulfilment of the employment requirement under the employment contract of persons performing the activities indicated in point 1). In particular, the Contracting Authority shall be entitled to:
(a) requesting statements and documents for confirming compliance with the requirements and assessing them,
(b) requesting clarification in case of doubts regarding confirmation of compliance with these requirements,
(c) carry out on-the-spot checks of the benefit.
3) Provisions concerning how to document employment and control compliance by the Contractor or Subcontractor with employment requirements under an employment contract and provisions on sanctions for failure to comply with the requirements referred to in Article 95 (1) of the Pzp Act, are defined in the Designed Agreement provisions, which are Annex 7 to the SWZ.
3. Employment requirements of persons referred to in Article 96 (2) (2) of Law Pzp. Ordering does not provide for such a requirement.
A detailed description of the order is described in Chapter III of the SWZ.