Appendix 4: toolkit of documents and templates (a-m)



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EC-65/Doc. 4.1(2), DRAFT, APPENDIX B, p.


Appendix 4: TOOLKIT OF Documents and templates (A-M)

This table provides the list of the documents and templates referred to within this Implementation Plan with a brief description and guidance on which strategy element they support.


The documents and templates themselves are included in this appendix in the order of listing in the table.





Document/Template:

Description:

Related to Strategy Element:

(A)

Memorandum of Understanding (MOU)



An agreement between parties. It is often used in cases where parties either do not imply a legal commitment or in situations where the parties cannot create a legally enforceable agreement.

1

(B)

Customer Supplier Agreement (CSA)

A top level document typically used between an NMS and a government customer, usually at departmental level. It encapsulates the relationship between the NMS and the customer. A CSA is similar in structure to a contract or MOU. However, a CSA is more customer-focused and more 'contractual' in the language it uses. Note that government bodies cannot normally contract between themselves, so neither MOUs nor CSAs are contracts in the legal sense.


1

(C)

Service Level Agreement (SLA) Template



A non-technical document agreed between the provider of a product or service and the customer defining exactly what is required from both parties.

1

(D)

Feedback Log



A document used to record user and customer feedback on the products and services provided. This document should also be used to provide reference to any actions being taken to respond to the feedback.

1

(E)

Action Tracker



A document to track the actions being taken based on user, customer and staff feedback on ways to improve service delivery.

1

(F)

Product Catalogue



A document to log the products (and services) provided to users to give a point of reference for other documents related to products and services, for example a CSA. The Product Catalogue ensures visibility of the total portfolio of products and service provided.

2

(G)

Work Instruction Template


A document to describe in detail how an individual product is produced, the templates for the product and the inputs/information used to generate the product to ensure consistency of output. Any targets such as delivery times should also be included.


2

(H)

Service Report Data Gathering



A document to ensure consistent collection of data to support a service delivery report.

3

(I)

Service Report Template



A template for reporting service delivery performance, timeliness, compliance with product description and accuracy.

3

(J)

Service Delivery Compliance Checklist Example



An example of a compliance checklist that can be used to inform service delivery performance, it shows how compliance against a product description might be checked.

3

(K)

Service Delivery Action Plan



The document generated after assessment of the level of service delivery using the SDPM. The Action Plan records the short, medium and long term actions, action owners and milestones with dates.

4

(L)

Process Description Template



A template for describing a process as part of the QMS for service delivery.

4

(M)

Job Description


A document to describe the activities undertaken as part of an individual’s or a team’s job and the skills, qualifications or experience required to undertake the job.


5

__________
DOCUMENT/TEMPLATE (A)

Memorandum of Understanding (MOU)


between
[insert name]
and
[insert name]


THIS MEMORANDUM OF UNDERSTANDING (MOU) is dated the _____ day of [20__]


BETWEEN
The Participants:
[insert name]
[insert name]
BACKGROUND:
[Name of National Meteorological or Hydrometeorological Service (NMS) Participant] is recognized as the NMS responsible for providing essential weather, climate and related information to the community at large in [insert country].
[Name of User Participant/User Representative] has a requirement for weather and climate services.
The Participants wish to enter into an MOU to document the understandings reached on the provision of weather and climate services.
Defined Terms and Interpretation
The definitions and rules of interpretation in this paragraph 1 apply in this Memorandum.


Intellectual Property Rights (IPR)

Intellectual Property Rights (IPR) of all kinds, regardless of the form or medium on which they are stored, including all patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in classified information (including know-how and trade secrets) and any other rights in the nature of IPR, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world together with all rights of action in relation to the infringement of any of the above;


Memorandum (MOU)

means this MOU and any future variations to it which may be agreed between the Participants from time-to-time; and

Services

means the services to be delivered by [insert name] to [insert name] and set out in Annex A of this MOU.


Duration
This MOU will come into effect upon signature of both Participants and will continue until terminated under the provisions of paragraph 10.
Purpose and Scope
The purpose of this MOU is to set out the arrangements agreed between the Participants in respect of the Services.
The scope of this MOU is limited to the Services only and no other activities carried out by the Participants.
[Participant providing the services] commitments
[insert name of Participant] will carry out the Services described in Annex A.
[Participant 2] commitments
[insert name of Participant] will:
[pay the charges for the Services as set out in paragraph 7];
[respond to any reasonable request made by [insert name of Participant providing services] in respect of the delivery of the Services].
Performance of the Services

The Participants will form a [insert name of body] which will comprise [insert details of number/name of representatives].

[insert name of body] will be responsible for monitoring the performance of the Services.
Financial matters
The charges for the Services are [ ].
Payment will be within [ ] days of receipt of a correctly completed invoice.

[enter any other financial arrangements here].


Intellectual Property Rights (IPR)
This MOU does not affect the ownership and control of a Participant’s IPR that existed prior to the date of this MOU. No license to use any IPR is granted or implied unless expressed in this MOU.
Each Participant will grant the other Participant a license to use such of its pre-existing IPR as necessary for the purpose of performing the Services.
[Name of Participant providing the services] hereby grants [receiving Participant] a non- exclusive, royalty free license to use [add description] for the purpose of [insert purpose].
[enter any other provisions relating to IPR here with regard to use of IPR]
Confidentiality
Each Participant will treat as confidential all confidential information and will not divulge such confidential information to any person (except to such party’s own employees and then only to those employees, or government (including Parliament), or audit bodies who need to know the same) without the other Participant’s prior written consent. This paragraph will not extend to information which was rightfully in the possession of such Participant prior to the commencement of this MOU which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this paragraph) or which is trivial or obvious. Each Participant will ensure that its employees are aware of and comply with the provisions of this paragraph.
Termination

The Participants may terminate this MOU by mutual consent subject to the [insert name of body identified in paragraph 6] approval.

[Name of receiving Participant] may terminate this MOU on 30 days’ written notice if [name of Participant providing the Services] persistently fails to perform the Services in accordance with the description set out in Annex A.
Review of the MOU
This MOU will be reviewed every [XX] years, with the first review to take place no later than [XX] from the commencement date, which is the date at the head of this MOU. In addition, a review may take place where there are any significant changes to policy or legislation, or where there has been a change in the office of Chief Executive or equivalent of either of the Participants’ organizations.
Dispute resolution
The Participants will use all reasonable endeavours to resolve any dispute amicably and in good faith in accordance with the procedures laid down in this paragraph 12.
In the event that any dispute and question of any nature arise between the Participants in relation to this MOU or any matter relating to the affairs of the Participants or the rights, duties or liabilities of any Participant, then:

the [insert agreed governance body] will discuss the dispute as soon as reasonably possible, with a view to reach a resolution; and


if the [insert agreed governance body] is unable to resolve the dispute after 28 days or within a longer period as the Participants may agree, the matter will be referred to senior management for resolution.
In the event that senior management is unable to resolve the matter then the matter will be referred to a mediating body acceptable to both Participants for resolution.
Variation

No variation to this MOU will be effective unless agreed in writing and signed by an authorized representative from each Participant.

Contact information
[Participant 1]
Technical contact:
Name:

Position:

E-mail address:

Tel.:
Administration:


Name:

Position:

E-mail address:

Tel.:


[Participant 2]
Technical contact:
Name:

Position:

E-mail address:

Tel.:
Administration:


Name:

Position:

E-mail address:

Tel.:
Legal Status


This MOU is not intended to be legally binding, however, it will be interpreted in accordance with the laws of [insert] and both Participants are expected to meet the commitments made under it.


Signed by: [insert name]

)

[signature here]

For and on behalf of:

)







)




Job Title:

)




Date:

)




Signed by: [insert name]


)

[signature here]

Job Title:

)




Date:

)




__________

Annex: Service Description
[insert here details of the services being provided and service levels]

__________


DOCUMENT/TEMPLATE (B)

customer - supplier Agreement (CSA)

Reference: The NMS CSA

Subject: The strategic framework governing the trading relationship between [the customer] and the NMS.

Date Agreement comes in to effect:

Customer-Supplier Agreement
This document sets out the overarching arrangements that will apply to trading between the customer - the Customer and the NMS – the Supplier with effect from [add date].

Signed in duplicate
Date: Date:
Signature for the Customer:
Signature for the NMS:

Signed: Signed:


Name: Name:



Job Title: Chief Executive Officer

Conditions'>Contents

Section 1 Introduction

Section 2 CSA:


Scope of Requirement

Conditions

Section 3 CSA Appendices:

Appendix 1: Points of Contact/Responsible Officers

Appendix 2: Change Pro Forma

Appendix 3: Standing Agenda for Annual CSA Review Meeting

Appendix 4: The NMS and Customer’s Shared Vision for Trading Relationship

Section 4 Schedules:

Schedule A: Summary of Services and Prices

Schedule B: Service Definition Annexes (SDAs)

Customer-Supplier Agreement (CSA)

1. Introduction (this will need refining in line with the national circumstances in each situation)


The National Meteorological or Hydrometeorological Service (NMS) is a government entity. It provides services to the public and the commercial sector. Its core role in its services to the public is to deliver the public weather service. The NMS uses weather related information and its expertise to assist government departments to achieve their high-level objectives.
The customer is a Department, etc., required to [add description of customer remit]

The CSA might also contain a number of Service Definition Annexes (SDAs), detailing specific services/outputs/work packages provided by the NMS with other Schedules and Appendices providing additional information. The CSA and associated Schedules and Appendices also set out how we work together to deliver the services the customer requires. The Schedules give extra or more detailed information to that provided in the CSA; the information, however, forms part of the Agreement. This is different to information provided in the Appendices which informs and supports the Agreement as a whole, but does not form part of the Agreement itself.

2. CSA (Contents)
Below is presented the minimum information required for a CSA. Other specific requirements and conditions relevant to all SDAs can also be included.
Scope of Requirement
Introduction
Include general information about what is covered by the Agreement and how it is structured; e.g.;
This overarching Agreement and associated SDAs establishes the framework for the Services supplied by the NMS to the customer.
The Agreement comprises; the main document, Schedules to the Agreement which will include Service Definitions and Appendices which include information supplementary to the main Agreement.
Shared Strategic Aims and Priorities
Include information about the customer’s strategic aims, responsibilities, governance and/or legislative responsibilities.
Provision of Services/Scope of the Agreement (delete as necessary)
General overview of services as set out in detail in the SDA; e.g.
Each Annex will describe: the Requirement; Programme/Service - Drivers, Objectives, Direction, Deliverables and supporting output pricing information.
The duration of each service will be appropriate to the nature of the services supplied as specified in the appropriate SDA.
Individual SDAs may be amended using the agreed change pro forma at Appendix* (currently 2).
Conditions
Definitions
Explanation or meaning of words and expressions used in the CSA; e.g.



"Data" and/or "Information"

Meteorological, environmental, hydrological or oceanographic data (whether historical or otherwise) and/or software, graphs, graphics, drawings, documents trade marks, know-how or any other material provided (in whatever medium) as part of the Services or Consultancy Services.


"Intellectual Property Rights"

Any Intellectual Property Rights, including, but not limited to copyright, moral right, database right, patent, trade mark, domain name trade secret or design right (whether registered or unregistered) or where relevant any application for any such rights in any jurisdiction.

“SDA’s”

Service Definition Annexes giving detailed descriptions of the services to be provided, how when and full costing.

“Working Day”

Working Day means Mondays to Fridays except for bank holidays and public holidays. A Working Day will consist of up to eight working hours unless otherwise specified.



Period of Agreement
This Agreement comes into effect on ________ and will run for an indefinite term but is subject to a formal annual review where any amendments to this CSA will be agreed between both parties.
The aim is to develop indefinite or long-term Agreements, subject to formal annual review. Longer term Agreements attract lower mark-ups due to decreased risks.
Legislative requirements
Both the NMS and the Customer will always comply with all international, national and local regulations and legal requirements.
Pricing

Pricing arrangements must be agreed with the customer. The NMS aim is to move to incentivised pricing. If this is not agreeable to the customer, a fixed price must be agreed. Longer term Agreements attract lower mark-ups due to decreased risks than shorter term Agreements. Some possible wording to pick and mix from may be:

Specific projects or services provided by the NMS will be the subject of individual agreement with clear outputs and an agreed price.
The basis upon which services are priced will be agreed individually for each project based on a fixed price/maximum price/target cost incentive fee.
The intention for larger value services is to investigate the possibility of developing these arrangements such that the NMS is incentivised appropriately to deliver increasing value to customers.
The NMS will provide a full breakdown of prices as appropriate and allow access to the customer, or other representatives of the customer, to review such information as the customer may reasonably require.
The above arrangements do not preclude the NMHS from pricing on a different basis when tendering in open competition.
Termination
Termination arrangements need to be agreed with the customer but may include:
This Agreement may be terminated after a mutually agreed period of notice which must be agreed in writing. If a period cannot be agreed upon then the date will be ** years from the date of notice or the fulfilment of the last project whichever is later.
This Agreement may be terminated by either party should the status of the NMS or the customer change.
Where the Agreement is terminated by the customer the customer will indemnify the NMS against loss or damage that the NMS reasonably assesses as a result of the termination.
Invoicing and Payment

Include information on how frequently payments will be made (monthly, quarterly, etc.); how invoices will be submitted and to whom, where payment will be made and how promptly (usually within 30 days of receipt of invoice). Note all invoices will be subject to VAT. Possible wording for inclusion may be:

Invoices will be submitted by the NMS to the customer for payment authorization monthly unless otherwise agreed in the SDAs.
Payment will be made by the customer within 30 days of receipt of properly completed and authorized invoices. Payment may be withheld pending resolution, only in respect of the elements of services or supplies under dispute.
Reporting
The NMS will agree with the customer appropriate performance indicators for service delivery, together with the frequency, format and content of reports on the progress against services and products. The SDAs will detail the agreed level of performance and reporting structure.
Amendments to Agreement
To be agreed with the customer, but may include:
Proposed amendments to the CSA will be discussed and agreed at the Annual Review with changes being made in writing via an amendment letter issued by the customer.
Individual SDAs must be amended using the change pro forma at Appendix* (currently 2)
Intellectual Property Rights
A decision will need to be made on whom controls/manages it and the usage requirements.
Points of Contact
Appendix * (currently 1) details the points of contact for the CSA. Individual SDAs will separately detail their relevant points of contact.
Delete if not needed and insert generic points of contact for all parts.
Dispute Resolution

The customer and the NMS will use their best endeavours to resolve any dispute under the Agreement through consultation and negotiation at a working level. In the event of failure to resolve the dispute it should be referred to [insert customer representative] acting as the overarching customer and the Chief Executive of the NMS for joint resolution.

Warranties
To be agreed with the customer, but are usually;
The NMS excludes all warranties, conditions, terms undertakings and obligations whether expressed or implied by statue or otherwise fully permitted by law.
The NMS warrants that the data provided under this CSA is either owned by us or we have the necessary licensing authority to sub-licence this data to you.
Limitation of Liability
To be negotiated between the NMS and the customer. The NMS liability does not usually exceed 200% of the amount paid or is payable for that part of the services from which the claim for loss arises.
Notices
To be agreed with the customer, but will include agreement on how any notice in connection with the Agreement shall be made (in writing, post, etc.) or may be:
Any notice given under the agreement shall be in writing in English and may be sent by hand, by post, by recorded delivery service or transmitted by facsimile service to the address shown in the agreement or to such other address as the customer may have subsequently notified us of, shall be deemed effectively given on the day when in the ordinary course of means of transmission it would first be received by the addressee in normal business hours.
3. CSA Appendices
These are likely to include the following as a minimum:



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