Kenpro Financial Resource Mobilization Guiding Framework

1. Introduction

This Memorandum of Understanding (“MOU”) is entered into by [——], Address [—–], hereinafter referred to as the “PARTNER”, and Kenya Projects Organization, hereinafter referred to as the “CONSULTANT”, of St. Marks Academy Admin Block, Off Magadi Road, P.O. Box 15509-00503, Mbagathi, Nairobi, Kenya, Email Address: kenprokenya@gmail.com; hereinafter jointly referred to as the “Parties” and each separately as a “Party.”

WHEREAS, the Parties intend to collaborate and hereby agree that the rights and obligations under this MOU shall be governed by the applicable laws of the respective jurisdictions, including any relevant contractual and commercial laws;

WHEREAS, the Parties affirm that they shall maintain professional, ethical, and accountable standards in administration, financial management, and auditing in the execution of this Agreement;

WHEREAS, the Parties expressly agree that this MOU creates binding obligations with respect to confidentiality, payment, and performance of agreed services;

WHEREAS, the Parties share similar missions and wish to cooperate in areas of mutual concern to enhance development effectiveness;

NOW, THEREFORE, the Parties hereby agree as follows:

2. Terms of Reference

The following constitute the key guidelines contained in KENPRO’s financial resource mobilization framework which define the organization’s terms of engagement with other organizations.

2.1 Purpose

The purpose of this framework is to establish a binding framework for cooperation and to facilitate structured collaboration between the Parties in areas of common interest.

The specific objectives of this framework include the following:

1. The Consultant shall facilitate all tasks related to financial resource mobilization and any other engagement during project implementation, including but not limited to project evaluation and reporting.
2. The PARTNER shall carry out administrative functions and provide accurate, complete, and timely information and support necessary for effective planning and execution of project objectives.

2.2 Areas of Cooperation

The Consultant shall play the following role:

Offer support in financial resource mobilization including but not limited to the following:

1. Donor mapping to identify possible funding sources;
2. Managing proposal application processes, including compliance with donor guidelines;
3. Providing technical proposal writing services;
4. Preparing detailed financial proposals (budgeting and cost structuring);
5. Providing periodic progress updates and reports to the PARTNER;
6. Offering technical, advisory, and strategic project support during all phases of the project lifecycle.

The Client (PARTNER) shall:

1. Pay 2.5% of the total project budget as consultancy fees for services rendered in project conceptualization and proposal development;
2. Pay an additional 7.5% of the total funds mobilized through fundraising efforts as compensation for the Consultant’s role in successfully securing funds for the organization/Partner;
3. Make payments within fourteen (14) days of receiving the funds, failing which interest at a rate of 2% per month shall apply on outstanding amounts;
4. Provide accurate project concepts, institutional data, and access to any relevant donor leads where available;
5. Actively participate in proposal development, validation, and submission processes;
6. Provide all necessary supporting documents, including but not limited to:
   • Certificate of registration
   • Organizational profile
   • CVs of key personnel
   • Financial statements
   • Evidence of prior funding
7. Ensure that all information provided is true, complete, and not misleading;
8. Acknowledge that failure to provide accurate information may affect funding outcomes and may result in liability for losses incurred.

2.3 Consultation and Exchange of Information

1. The Parties shall regularly consult and exchange information in good faith and in a timely manner.
2. All shared information shall be treated as confidential and proprietary, unless otherwise agreed in writing.
3. The Parties shall hold periodic meetings to monitor progress and ensure alignment with objectives.
4. The Consultant may be engaged in implementation, evaluation, monitoring, and reporting activities.
5. Both Parties agree to adhere to principles of transparency, accountability, and integrity at all times.

2.4 Term, Termination, and Amendment

1. This MOU shall become effective on the date of the last signature and shall constitute a legally binding agreement with respect to all enforceable clauses herein.
2. This Agreement shall remain in force until terminated by either Party.
3. Either Party may terminate this Agreement by providing thirty (30) days written notice.
4. Termination shall not affect:
   • Payment obligations for services already rendered;
   • Confidentiality obligations;
   • Any accrued rights or liabilities.
5. This Agreement may only be amended through a written document signed by both Parties.

2.5 Notices

Any notice or request required under this MOU shall be in writing and shall be deemed effectively delivered when delivered by hand, registered mail, courier, or electronic communication to the designated contact details of the Parties.

2.6 Entry into Force

This MOU shall enter into force on the date it is signed by both Parties and shall remain valid and enforceable in accordance with its terms.

2.7 Confidentiality

1. The Parties agree to maintain strict confidentiality of all non-public information obtained during the course of this Agreement.
2. Such information shall not be disclosed to any third party without prior written consent, except where required by law or donor regulations.
3. This obligation shall survive termination of this Agreement for a period of five (5) years.

2.8 Liability and Indemnity

1. The Consultant shall not be held liable for:
   • Rejection of funding applications by donors;
   • Misuse, mismanagement, or misallocation of funds by the PARTNER;
   • Delays caused by the PARTNER or third parties.
2. The PARTNER shall indemnify and hold harmless the Consultant against any claims, damages, losses, or liabilities arising from:
   • Provision of inaccurate or misleading information;
   • Breach of donor requirements;
   • Failure to comply with agreed obligations.
3. The Consultant’s liability, if any, shall be limited to the total fees received under this Agreement.

2.9 Governing Law and Dispute Resolution

1. This Agreement shall be governed by and construed in accordance with the laws of Kenya.
2. Any dispute arising out of or in connection with this Agreement shall first be resolved amicably through negotiation.
3. If unresolved, the dispute shall be referred to mediation.
4. If mediation fails, the dispute shall be submitted to arbitration in Nairobi, Kenya, in accordance with the Arbitration Act of Kenya.
5. The decision of the arbitrator shall be final and binding on both Parties.

2.10 Donor Compliance and Ethical Standards

The Parties agree to comply with international donor requirements, including those aligned with USAID, European Union (EU), United Nations (UN) standards, particularly with regard to:

• Transparency and accountability
• Anti-corruption and anti-fraud measures
• Financial reporting and audit compliance
• Safeguarding and protection standards
• Environmental and social responsibility
• Non-discrimination and equal opportunity

The PARTNER acknowledges full responsibility for compliance with donor regulations upon receipt of funds.

 

 

IN WITNESS WHEREOF, the duly authorized representatives of the Parties affix their signatures:

 

For and on Behalf of Kenya Projects Organization

Name: ______________________________
Position: ___________________________

Signature: __________________________
Date: ______________________________

 

Witness

Name: ______________________________
Position: ___________________________

Signature: __________________________
Date: ______________________________

 

For and on Behalf of Partner Organization

Name: ______________________________
Position: ___________________________

Signature: __________________________
Date: ______________________________

 

Witness

Name: ______________________________
Position: ___________________________

Signature: __________________________
Date: ______________________________