Appendix B: Example Memorandum of Understanding 1. Purpose and Scope This Memorandum Memorandum of Understanding Understanding (“the MoU”) forms forms the basis of a Public Social Partnership (“the PSP”) between the third sector supplier(s) and public sector commissioner(s), established to demonstrate the parties’ commitment to collaboration and innovation in the delivery of public services. The MoU defines and formalises the relationship between the parties and sets out their roles and responsibilities within the partnership. The MoU covers the services services agreed by the parties, parties, to be designed and delivered within the PSP. The agreed services to be delivered are: (To be defined within the Work Plan) The MoU is not a contractual contractual document and does not impose any any legal obligation on any party. The overall relationship described by the MoU is a voluntary arrangement. The MoU is independent of any other agreements signed by or between the organisations concerned. 2. Lead Organisation The PSP is a multi-agency partnership. partnership. While this MoU will extend to all partners, third sector suppliers and public sector commissioners, the MoU will also highlight the “Lead” “Lead” partner organisations. All partners contributing will however be asked to commit to the MoU. Section 14 at the end of this document will record the full range of partners of the PSP. [insert info on lead organisation, including name, charity number and purpose] 3. Governance Group The PSP will be overseen by a Governance Governance Group who who is made up of the following organisations: [Insert contact name and organisation of partners who make up the Governance Group] 4. Objectives of the Partnership The aim of the PSP in general general terms is to improve improve the design and delivery of public services, by working in partnership, to maximise the benefits to the community. The specific aim of this PSP is to:
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to provide women offenders and/or young male prolific offenders with substantial one-to-one support through evidence-based mentoring schemes; and to promote strong, equal partnership working between third and public sector organisations.
The specific objectives of the project are defined within the Work Plan
5. Roles and Responsibilities The Third Sector will be responsible for: [delete/ add to as appropriate] •
Working with the Public Sector to develop services;
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Supplying the services to the agreed timescales and specifications;
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Communicating any constraints clearly to the Public Sector;
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Supplying financial information and relevant information in relation to subcontracts;
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Providing service delivery and performance information; and
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Providing constructive feedback on the partnership experience.
The Public Sector will be responsible for: [delete/ add to as appropriate] •
Working with the Third Sector to develop services;
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Identifying services for delivery and performance expectations;
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Assessing the level of need within the target population;
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Ensuring services fit with CJA Area Plans and the agreed Performance Framework; Communicating requirements clearly to the Third Sector organisations; and Providing constructive feedback on the partnership experience.
The Governance Group will be responsible for: [insert]
6. Accountability It is the responsibility for all partners involved within the PSP to share, inform and secure agreement within their own organisational governance arrangements for the PSP and its full delivery. It will be
each PSP partner’s obligation to highlight any discrepancy between their own governance arrangements and the PSP model and delivery, as and when any discrepancy arises, so that any issues can be assessed and acted upon in a timely manner. 7. Duration of the MoU The MoU is designed to cover the period during which the PSP is operating and is effective from the date of signing which will correspond with the date the model is agreed. It is understood by all parties to the PSP that, at the end of any agreed pilot, the Public Sector will competitively tender the services covered by the MoU, under normal procurement rules, contingent upon the pilot demonstrating its success. The final specification and terms of this procurement process will be discussed between and agreed by the public sector authorities who will bear responsibility for funding the service.
8. Partnership Values The PSP relationship will be based on: •
Equality;
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Mutual respect and trust;
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Open and transparent communications;
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Co-operation and consultation;
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A commitment to being positive and constructive;
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A willingness to work with and learn from others;
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A shared commitment to providing excellent services to the community; and A desire to make the best use of resources.
9. Communications The Parties to the PSP commit to communicating openly and constructively and to sharing good practice. The sharing of good practice can extend beyond the partnership, but where specific information is shared, this should be communicated through the Governance Group. The Parties agree that they will consult and co-operate together in order to achieve the maximum benefits for the community. This cooperation will include the sharing of appropriate information and maintaining effective communication, where this will inform and
improve the delivery of services and enhance the learning. The parties also commit, so far is as reasonably possible, to communicating relevant information regarding progress to the wider set of stakeholders and interested parties. 10. Confidentiality and Data Protection •
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The Parties to the PSP agree to share information with each other and with evaluators. The Parties to the PSP may at times acquire information that has not yet been made public and/or is confidential. The Parties must not disclose confidential information for commercial advantage or to disadvantage or discredit other parties to the PSP or anyone else. Any personal data obtained or used by any of the Parties in the course of the project shall be processed in accordance with the Data Protection Act 1998. The only personal data held by any party will be data which is relevant to the care needs of the individual. There is an expectation that personalised data, reflecting individuals’ need, will be collected with informed consent from the outset. Informed consent will normally include a signed consent form.
11. Amendments and Dispute Resolution •
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Once agreed, the MoU may only be amended by mutual agreement, signed by the authorised signatories of all parties to the PSP. Once approved, amendments should be attached as annexes to the original MoU. The MoU will be reviewed annually or earlier if required. Any changes will be mutually agreed and signed by the Parties. Any issues or disputes which cannot be immediately resolved to all parties’ satisfaction should be escalated to the PSP Governance Group. The MoU is not intended to be legally binding, nor to give rise to any liability of any kind whatsoever. The Parties will therefore be individually liable for any costs arising from amendments to the MoU.
12. Termination If either of the Parties wishes to dissolve the partnership, a minimum of three months’ notice must be given in writing to the other Party, with reasons for the termination.
This clause applies only to the partnership arrangement covered by the MoU and does not affect any commercial contracts for the supply of goods and services which may exist between the Parties. 13. Key Organisation Contacts The key contacts for the PSP are as follows: Third Sector Organisation(s): [List all third sector partners, and give the contact name and email address for each] Public Sector Organisation(s) [List all public sector partners, and give the contact name and email address for each] 14. Acceptance We the undersigned, as authorised signatories of the Parties to the PSP, have read and accepted the terms of the Memorandum of Understanding between the identified Provider(s) and the Public Sector Partners and accept these.
Organisation
Providers Contact Name and Role
Public Sector
Signature/Date
