(54) 3085-0029
Alameda Fenavinho, 481 
On February 24, 2023, the State of Rio Grande do Sul, represented by the Secretary of
Agriculture, Livestock, Sustainable Development, and Irrigation - SEAPI, and the Institute for
Management, Planning, and Development of Viticulture in the State of Rio Grande do Sul -
CONSEVITIS-RS, through their legal representatives, signed Collaboration Agreement
4837/2022.
Below, more information about the Term, its objectives, resources, validity, among others.
COLLABORATION TERM 4837/2022
File No. 21/1500-0012697-1
Clause One - Object
The Term aims to carry out actions for the maintenance and promotion of the wine sector in
the state of Rio Grande do Sul, by means of goals that will act in consonance with the State's
Wine Policy, established by State Law no. 10.989 of 08/13/1997 and alterations, according to
the Work Plan approved by the Public Administration.
Clause Two - Objectives
The objectives of this Collaboration Agreement are those defined in Item III of the Term of
Reference of the Public Call Notice 03/2022
Clause Three - Obligations and Responsibilities of the Participants
I -
The Public Administration is responsible:
a. Provide the means and resources necessary for the execution of the object;
b. Publish the extract of the Development Agreement and its amendments in the State
Official Gazette, so that the instrument may produce its legal and juridical effects;
c. To pass on to the Partner Organizer the financial resources necessary for the
execution of the object, as foreseen in the disbursement schedule;
d. To automatically extend the validity of the Term of Development when it causes a
delay in releasing the resources, limited to the period verified;
e. Monitor and evaluate the execution, in particular, of the guidelines, phases, and goals
established in the Work Plan;
f. Carry out the technical and financial analysis of the accounts presented by the
Partner Organizer, under the conditions and deadlines established in the specific
legislation;
g. To issue an opinion on the regularity of the accounts, approving them, with or without
reservations, or rejecting them;
h. Instigate a special account taking when evidence of irregularities is found and;
i. Assume control or transfer responsibility for the execution of the object in case of
unjustified paralysis, in order to avoid discontinuity, without prejudice to the applicable
legal measures.
II- It is up to the Partner Organizer:
a. Perform the object established in the Work Plan agreed upon in this Collaboration
Agreement;
b. Keep the financial resources deposited in a specific bank account of the Collaboration
Term, which must be opened at the Bank of the State of Rio Grande do Sul -
BANRISUL, and must be invested while they are not being used;
c. To render accounts of the transferred resources, as well as their income, observing
the deadlines and criteria defined by the Public Administration;
d. Maintain regular bookkeeping;
e. Take responsibility for the administrative and financial management of the funds
received;
f. Be responsible for paying all taxes, fees, labor, fiscal, commercial and social security
charges related to the execution of the object of this Collaboration Agreement, not
implying a joint or subsidiary liability of the Public Administration;
g. Do not make expenses after the term of this Term, except in the case provided for in
art. 49 of IN CAGE No. 5/2016, under penalty of disallowance of expenses and/or
rejection of the accountability;
h. Disclose the Collaboration Agreement on its own electronic site and on a notice board
of broad public access, containing the minimum information foreseen in art. 92 of IN
CAGE No. 5/2016;
i. Provide information and clarifications about the execution of this Collaboration Term /
Incentive whenever requested by the Public Administration or inspection agencies;
j. Present, previously, to the Public Administration, the changes it deems necessary in
the Work Plan;
k. Be responsible for the safekeeping and maintenance of the goods acquired, produced
or built with the resources of the Term, informing, whenever necessary, where and in
which activities, programs or projects they will be used and;
l. Return to the Public Administration, in cases of conclusion, termination, rescission, or
extinction of the partnership, the balances in current accounts and financial
investments, within 30 (thirty) days after the end of the validity period.
Clause Four - Resources
The Public Administration, for the execution of the object of this Term, will allocate resources
in the amount of R$33,000,000.00 (thirty-three million reais), according to the following
budget data:
Budget Unit: 1563
Feature: 0132
Nature of Expense: 3.3.50 E 4.4.50
Commitment: 23000613803
Commitment date: 02/17/2023
Subclause One: The release of funds by the Public Administration will occur upon
observation of the Disbursement Schedule as well as verification of the Partner
Organization's compliance and regularity.
Subclause Two: In the case of release in more than one installment, it must be proven that
the resources from the previous installment were applied to the object of the Term, in order
for the subsequent installment to be released.
Clause Five - Term
The present instrument will be in force for a period of thirty-six (36) months, as of the
publication date of the DOE summary, and can be extended and/or modified, according to
the parties, by means of an Additional Term.
Clause Six - Changes
This term may be amended, upon formalized and justified proposal of the Partner
Organization, being forbidden amendment that results in the modification of the object,
subject to the requirements that deal with the art. 59 of IN CAGE 05/2016.
Clause Seven - Monitoring, Follow-up and Supervision
The Public Administration will monitor, follow up and supervise the execution of the
Collaboration Term / Development, throughout its duration, analyzing the information, the
data and the partial accounts included by the Partner Organization in the website of the
Secretary of Agriculture, Livestock and Rural Development, making inspections and
validating the documentation.
Subclause One: the monitoring will be carried out by the Monitoring and Evaluation
Committee and the follow-up and supervision will be exercised by the manager, appointed by
Ordinance No. 356/2021, published in the DOE, on January 26, 2022, who must ensure the
effective fulfillment of the partnership object.
Subclause Two: when on a monitoring, inspection, or auditing mission, the Public
Administration's employees, and the employees of CAGE and TCE, will have free access to
the processes, documents, and information related to this Collaboration Agreement.
Clause Eight - Accountability
The Partner Organization will present to the Public Administration:
a. Rendering of partial accounts, through the Partial Report of Execution of the Object,
in the Portal of Covenants and Partnerships of RS. In the event of omission in the
duty to render accounts the manager of the partnership will notify the Partner
Organization to, within 15 (fifteen) days, submit them and;
b. Final accountability, by means of a Final Report of Object Execution, which must
contain the elements foreseen in art. 73 of IN CAGE No. 5/2016, the proof of return of
any remaining balance, and the forecast of a reserve of resources for payment of
severance funds.
Subclause One: Expenses will be substantiated by the Partner Organization forwarding tax
documents, and the invoices, receipts, invoices and any other supporting documents must be
identified with reference to the name of the Public Administration body and the number of the
Collaboration / Development Term.
Sub Clause Two: The Public Administration is responsible for notifying the Partner
Organization in order to rectify the irregularities and possibly return the resources.
Subclause Three: the Public Administration, verified omission in the duty to render partial
accounts, will withhold the release of the resources and notify the Partner Organization, to,
within 30 (thirty) days, provide justification, under penalty of unilateral termination and
establishment of special accounts.
Subclause Four: after the analysis of the final accountability, if any irregularity is found, the
Public Administration will notify the Partner Organization, setting a maximum deadline of
thirty (30) days to remedy the situation or return the funds updated, on pain of registration in
the CADIN/RS.
Sub Clause Five: Failure to present the final accountability on time, or the rejection of the
accountability, resulting from damage to the treasury, will lead to the forwarding of the
records to the competent administrative authority for the opening of a special account taking.
Clause Nine: Of Assets
The goods acquired with resources of this Term are destined to the exclusive use of the
Public Administration, being forbidden its use for personal use in any way.
Subclause One: the goods must be incorporated to the Public Administration's patrimony,
after the approval of the final accountability;
Subclause Two: after the rendering of accounts is approved, upon prior authorization from
the Public Administration, the transfer of ownership of the permanent movable asset can be
made in a period of less than five (5) years from approval, as well as of the immovable asset
at any time.
Subclause Three: transfer of ownership of goods depends on their being linked to the same
purpose of the Term and on formalization of the proper legal instrument by the Partner
Organization, on pain of reversion to the assets of the Public Administration.
Clause Ten - Sanctions
The Public Administration may, guaranteed the previous defense, in the case of execution of
this instrument in disagreement with the Work Plan and the legislation in force, apply to the
Financial Organization the sanctions of warning, temporary suspension, or declaration of
ineligibility.
Clause Eleven - Termination
The present Term/Agreement may, at any time, be rescinded, as long as the intention is
publicized at least 60 (sixty) days in advance.
Subclause One: constitute motives for unilateral rescission, at the Public Administration's
discretion, the poor execution or non-execution of the partnership, which can be
characterized by:
a. Non-compliance with the established goals or the use of the resources in
disagreement with the Work Plan;
b. Verification of false information in a document submitted by the Partner Organization;
c. Use of goods acquired with funds from the Term for a different purpose or for
personal use;
d. Failure to submit the accounts within the established deadlines;
e. Non-approval of the partial accountability e;
f. Public interest of wide knowledge, duly justified by the Public Administration.
Subclause Two: in the event of termination, the participants are bound to their
responsibilities, including accountability, for the period during which they participated in the
Term, and the financial balances must be returned to the parties, according to the
proportionality of the resources and the counterpart in goods or services.
Clause Twelve - Forum
To resolve any issue arising from this instrument, the parties hereby elect the Courts of Porto
Alegre, renouncing any other, however privileged it may be. And, in witness whereof, the
parties have signed this instrument in two (2) counterparts of equal content and form,
together with the undersigned witnesses.
Porto Alegre, February 24, 2023.