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| Joint Legal Service | Kenya Security Coordination |
Whereas the United Nations Office at Nairobi (UNON) has provided security services through the Office of the Kenya Security Coordinator (KSC) to offices of UN Funds, Programmes and Agencies and associated international organizations in or operating from Kenya. Whereas the provision of these security services to offices of UN Funds, Programmes and Agencies and associated international organizations in or operating from Kenya has led to the establishment of a constructive relationship between offices of UN Funds, Programmes and Agencies and associated international organizations in or operating from Kenya. Whereas UNON and offices of UN Funds, Programmes and Agencies and associated international organizations in or operating from Kenya have jointly assessed the benefits and costs associated with the provision of security 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. 1. The objective of this Agreement is to establish the terms and conditions of the services to be provided by the UNON (service manager) through the KSC to (name of office of UN Fund, Programme or Agency or associated international organization 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. 2. The services shall be available to offices of UN Funds, Programmes and Agencies and associated international organizations 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 shall 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. III Nature and Scope of Services 3. KSC is situated in the UN complex in Nairobi. In order to perform its functions KSC will be staffed with security staff, as well as administrative and other support staff. Administratively, KSC forms part of the Division of Administrative Services (DAS) in UNON. KSC is headed by a Kenya Security Coordinator/Chief, Security and Safety Section (SSS) in UNON who will have functional accountability to the UN Security Coordinator at UN Headquarters in New York and will maintain close liaison with UNSECOORD at UN Headquarters in New York, other UN Funds, Programmes and Agencies and associated international organizations security staff in Kenya and Kenyan law enforcement and security services. The following services will be made available by KSC to service users, their staff and (where applicable) dependants: i. Coordination of UN Funds, Programmes and Agencies and associated international organizations security efforts in urban centers and frontier areas of Kenya as well as at the UN complex in Nairobi, including contingency plans, warden system, evacuation and re-location plans, early warning systems as well as related communication plans. ii. Ensuring security and safety of UN Funds, Programmes and Agencies and associated international organizations staff members and their dependants and provision of efficient security services through liaison with relevant offices of UN Funds, Programmes and Agencies, associated international organizations, Embassies, UN Headquarters and local authorities. IV Management Structure and Oversight Mechanism 4. Governance functions with respect to substantive, security-related matters pertaining to KSC will be performed by the Kenya Security Management Team. The governance functions with respect to administrative functioning of KSC 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 and associated international organizations in or operating from Kenya. IAACC may establish subcommittees, task forces and working groups as appropriate for the purpose of oversight of KSC. IAACC will approve the annual work plan and budget for the KSC. 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 KSC, relevant annual activity reports and user satisfaction with the services. 5. Since UNON is the service manager for KSC, the day-to-day management of KSC will be performed by the Kenya Security Coordinator/Chief SSS in UNON under supervision of the Chief DAS/UNON. The Kenya Security Coordinator/Chief SSS 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 or associated international organization in or operating from Kenya) is: (Name, Title). 6. 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. 7. The budget proposals for KSC will be prepared on an annual basis in line with established UN regulations, rules and procedures by the KSC 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. 8. The cost sharing mechanism will be based on actual number of staff of each service user as well as on the location of the office of the service user. Offices of service users irrespective of their location in or outside the UN complex will collectively cover half of the cost of KSC. In addition, offices of service users located on the UN Gigiri complex will also cover the other half of the costs of the KSC. 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 and associated international organizations 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 following year. Invoices will be prepared in January of each year based on staff statistics and approved budget estimates of KSC. Final adjustments to the service users' shares will be made based on actual costs incurred for the operation of KSC for January - December of the year in question in February of the next year and these adjustments will be applied to the invoices for the subsequent year. 9. UNON will provide offices of UN Funds, Programmes and Agencies and associated international organizations in or operating from Kenya with financial statements relating to the operation of KSC on a yearly basis. VII Obligations 10. 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 or associated international organization in or operating from Kenya) will pay its share of the costs of the KSC in accordance with Section VI above. iii. Service users may be required to contribute to the procurement of capital assets required to establish KSC. Such contributions will be apportioned to each service user as mutually agreed. Offices of UN Funds, Programmes or Agencies or associated international organizations 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 or associated international organization in or operating from Kenya) will settle UNON's invoices not later than 30 working days following receipt thereof. VIII Effective Date, Duration Changes and Termination 11. 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 or associated international organization 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 Section II and V above. The approval authorities for UNON and (name of office of UN Fund, Programme or Agency or associated international organization 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 or associated international organization in or operating from Kenya): (Name, Title) 12. 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 or associated international organization in or operating from Kenya). ii. At the initiative of (name of office of UN Fund, Programme or Agency or associated international organization in or operating from Kenya) with six months advance notice to UNON. If six month's notice is not provided for, an amount equivalent the budgeted financial contribution of (name of office of UN Fund, Programme or Agency or associated international organization in or operating from Kenya) for the next six months period will be charged. IX
Accountability
14. 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. XI. Disputes 15. Disputes that cannot be resolved between UNON and the (name of office of UN Fund, Programme or Agency or associated international organization 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. |
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