Whereas the United Nations Office at Nairobi (UNON) has provided medical services to a number of offices of UN Funds, Programmes and Agencies in or operating from Kenya over the past years.

Whereas the provision of these medical services has led to the establishment of a constructive relationship between UNON and concerned offices of UN Funds, Programmes and Agencies in or operating from Kenya.

Whereas UNON and offices of UN Funds, Programmes and Agencies in or operating from Kenya have jointly assessed the benefits and costs associated with the provision of joint medical services and have found that a common service in this area would work in their best interest.

Whereas the United Nations General Assembly and Secretary-General have stressed the importance of common services as a way to achieve further administrative and technical uniformity, ensure the most efficient use of personnel and resources and avoid establishment and operation of competitive or overlapping facilities and services.

NOW THEREFORE, the signatories of this Agreement agree as set out below.

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I Objective

1. The objective of this Agreement is to establish the terms and conditions of the services to be provided by UNON (service manager) through the Joint Medical Service (JMS) to (name of office of UN Fund, Programme or Agency in or operating from Kenya), relating to overall management including administrative and budgetary matters as agreed in a cost sharing mechanism and the obligations of both parties.

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II Applicability

2. The services shall be available to offices of UN Funds, Programmes and Agencies in or operating from Kenya that have approved the "Guidelines on the Provision of Common Services to offices of UN Funds, Programmes and Agencies in or operating from Kenya" and have signed this Agreement (service users). This Agreement will be the basis for all funding commitments and transactions incidental to the services provided. Subsequent detailed procedures, arrangements and commitments will be set forth in an amendment or supplement and may be added to this Agreement as a result of periodic review provided for in Section V below. Such additional arrangements and/or commitments will be documented, sequentially numbered, and signed by parties to this Agreement and attached to the present Agreement as an integral part thereof.

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III Nature and Scope of Services

3. JMS is situated at the UN complex in Nairobi. In order to perform its functions JMS will be staffed with medical staff, as well as administrative and other support staff. JMS has direct access to limited medical supplies. Administratively JMS forms part of Human Resources Management Service (HRMS), Division of Administrative Services (DAS) in UNON. JMS is headed by a Chief of JMS/UN Medical Doctor who will have functional accountability to the Medical Director at UN Headquarters in New York and will maintain close liaison with medical departments of UN Funds, Programmes and Agencies and relevant Kenyan medical facilities and authorities. The following categories of services will be made available by JMS to staff and (where applicable) dependants of service users:

i. administration of medical insurance (van Breda, MIP):
enrollment, check receipts and invoices, assess reasonability of charges, certification

ii. sick leave certification:
check certificates, assess reasonability, signatory function

iii. medical treatment and vaccinations:
curative, preventive, emergency response, immunization of staff

iv. medical examination (incl. lab tests, ECG etc.) and clearance (incl. medical evacuations): recruitment, extension of contracts and travel related functions.

4. (Name of office of UN Fund, Programme or Agency in or operating from Kenya) has decided to subscribe to the following categories of services (indicate i, ii, iii, iv or any combination of these):

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IV Management Structure and Oversight Mechanism

5. The governance functions with respect to JMS will be performed by the Inter-Agency Administrative Coordination Committee (IAACC) being the only UN inter-agency body in Kenya that includes representatives of all offices of UN Funds, Programmes and Agencies in or operating from Kenya. For this purpose, meetings of IAACC will be conducted periodically, at least once a year, at the level of Heads of offices of UN Funds, Programmes and Agencies in or operating from Kenya. IAACC will approve the annual work plan and budget for the JMS. The work plan and budget will include both operating expenses and capital improvements. IAACC will review on a periodic basis as determined by IAACC, progress made in implementing the annual work plan and expenditures as shown in financial statements. IAACC will periodically, at least once a year review JMS, relevant annual activity reports and user satisfaction with the services. IAACC will establish a sub-committee (IAACC/SC-JMS) composed of personnel managers or their representatives of all service users to monitor and evaluate the performance of JMS and related user satisfaction. IAACC/SC-JMS will advise and recommend to IAACC measures for upgrading the quality and efficiency of JMS as well as recommend sanctions for unsatisfactorily performance of JMS.

6. While UNON is the service manager for JMS the day-to-day management of JMS will be performed by the Chief JMS/UN Medical Doctor, under supervision of the Chief HRMS/UNON. The Chief JMS/UN Medical Doctor will also serve as the Focal Point on behalf of the service manager for the service users. The Focal Point for (name of office of UN Fund, Programme or Agency in or operating from Kenya) is: (Name, Title).

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V Periodic Review

7. This Agreement is subject to review at any time upon written request of service manager or service users, but will be reviewed on an annual basis in order to:

i. Determine the need for its continuation, modification or termination;

ii. Review performance and performance standards to evaluate the quality and timeliness of the services, monitor user satisfaction, and to make any needed changes in performance standards;

iii. Make adjustments in any of the areas covered in the terms of this Agreement;

iv. Review present and projected costs, including the cost sharing mechanism.

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VI Financial Matters

8. The budget proposals for JMS will be prepared on an annual basis in line with established UN regulations, rules and procedures by HRMS/UNON in close consultation with and under the guidance of the Coordinator, UN Common Services in Kenya. The proposed budget for a calendar year together with a cost-sharing proposal will be submitted to IAACC for approval in the forth quarter of the preceding calendar year. Based on the approved budget and cost sharing mechanism, UNON will invoice service users.

9. The cost sharing mechanism will be based on the following principles:

i. Costs under service categories III 3.i and ii above will be calculated and invoiced based on actual staff numbers of each service user. The Office of the Coordinator, UN Common Services in Kenya will conduct a survey of the actual number of staff of offices of UN Funds, Programmes and Agencies in or operating from Kenya as of 30 November of each year. The number so established will be used for calculation of service users' part of the costs for the related categories of services for the following year.

ii. Costs under service categories III 3 iii and iv above will be calculated and invoiced based on the actual use by each service user.

10. Invoices will be prepared in July and December based on staff statistics and approved budget estimates of JMS and in addition, in February of the next year, as a final adjusted billing, based on actual utilization statistics for January - December of the year in question and actual costs incurred for the operation of the related part of JMS.

11. UNON will provide offices of UN Funds, Programme and Agencies in or operating from Kenya with financial statements relating to the operation of JMS on a yearly basis.

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VII Obligations

12. General terms and conditions as outlined in the "Guidelines on the Provision of Common Services to offices of UN Funds, Programmes and Agencies in or operating from Kenya" will apply.

i. UNON, subject to timely payment in full by service users will ensure that the approved staffing, property, equipment and logistical resources are available to provide service users with the services specified in Section III above.

ii. (Name of office of UN Fund, Programme or Agency in or operating from Kenya) will pay its share of the costs of the JMS in accordance with Section VI above.

iii. Service users may be required to contribute to the procurement of capital assets required to establish JMS. Such contributions will be apportioned to each service user as mutually agreed. Offices of UN Funds, Programmes or Agencies in or operating from Kenya that decide subsequently to participate may be requested to make a capital contribution as mutually agreed by service users. Such contributions may be distributed as credits to service users in proportion to their original contribution.
iv. (Name of office of UN Fund, Programme or Agency in or operating from Kenya) will settle UNON's invoices not later than 30 working days following receipt thereof.

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VIII Effective Date, Duration Changes and Termination

13. This Agreement will enter into force as of the date of the signature by UNON and (name of office of UN Fund, Programme or Agency in or operating from Kenya) and will remain in effect until terminated. Changes to this Agreement resulting from reviews called by service manager, service users or at scheduled intervals will be documented as described in Sections II and V above. The approval authorities for UNON and (name of office of UN Fund, Programme or Agency in or operating from Kenya) concerning these changes will be the following:

On behalf of UNON: Mr. Alexander Barabanov, Chief DAS/UNON

On behalf of (name of office of UN Fund, Programme or Agency in or operating from Kenya): (Name, Title)

14. This Agreement may be terminated in whole or in part, as follows:

i. At the initiative of UNON with six months advance notification to (name of office of UN Fund, Programme or Agency in or operating from Kenya).

ii. At the initiative of (name of office of UN Fund, Programme or Agency in or operating from Kenya) with six months advance notice to UNON. If six month's notice is not provided for, an amount equivalent to the budgeted financial contribution of (name of office of UN Fund, Programme or Agency in or operating from Kenya) for the next six months period will be charged.

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IX Accountability

15. The individuals responsible for the administration and coordination of the terms of this Agreement within and for their respective organization will be those identified in Section VIII. Copies of this Agreement, pertinent correspondence, and changes or other transactions pertaining to this Agreement shall be furnished to each of those individuals.

X Verification of Records

16. UNON will provide information and documentation as requested by service users. UNON will also make available accounts records as well as financial statements, which will be audited in accordance with the standards and the frequency of UNON, as indicated in Section VI above.

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XI. Disputes

17. Disputes that cannot be resolved between UNON and (name of office of UN
Fund, Programme or Agency in or operating from Kenya) will be referred to IAACC. If IAACC is not able to resolve such disputes, IAACC will appoint three arbitrators. The Parties will be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any dispute.