MEMORANDUM OF UNDERSTANDING (MOU)

MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN

THE OFFICE OF THE CHIEF MINISTER

AND

THE PUBLIC SECTOR REFORM UNIT

AND

THE INTERNATIONAL FOUNDATION FOR ELECTORAL SYSTEMS (IFES)

This Memorandum of Understanding (hereinafter referred to as the “MOU”) is between the The Office of the Chief Minister (hereinafter referred to as the “OCM”) represented by and through its Permanent Secretary, Mr. Kenei Lamin, and the Public Sector Reform Unit (hereinafter referred to as the “PSRU”) represented by and through its Director, Mr. Sulaiman Phoray-Musa, both of the Government of the Republic of Sierra Leone; and the International Foundation for Electoral Systems (hereinafter referred to as “IFES”) represented by and through its Regional Director for Africa, Ms. Clara Cole. The OCM,

PSRU and IFES are, from time to time, referred to as “the parties.”

Preamble

Whereas, the Office of President is the relevant authority within the Government of Sierra Leone (GoSL) to oversee the Public Sector Reform Unit (PSRU), that will implement an Independent Management and Functional Review (IMFR) of the Electoral Commission of Sierra Leone and other electoral related bodies, and the Office of the Chief Minister (OCM) is the relevant authority within the Government of Sierra Leone (GoSL) to oversee the Steering Committee for the implementation of reforms from the Electoral Systems and Management Bodies Review (hereafter referred to as “Steering Committee”);

Whereas, IFES is a non-governmental, non-partisan and non-profit U.S. corporation qualified under section 501(c) (3) of the United States Internal Revenue Code and incorporated under the laws of the District of Columbia for the purposes of advancing good governance and democratic rights by providing technical assistance to election officials, empowering the underrepresented to participate in the political process, and by applying field-based research to improve the electoral cycle;

Whereas, the parties to this MOU have a strong interest in establishing technical cooperation and institutional collaboration in the area of transparency and accountability in electoral management and administration in Sierra Leone; and

Therefore, in consideration of the above recitals and the mutual understanding contained in this MOU, the parties hereby agree to the following:

1. Purpose of the Memorandum of Understanding

• To establish programmatic collaboration between IFES and PSRU in the conduct of an Independent Management and Functional Review of the Electoral Commission for Sierra

Leone;

• To provide a framework of the technical support between IFES and the PSRU related to a joint assessment of electoral bodies, coordinated by the PSRU;
• To provide a basis for an enduring and sustainable cooperation among IFES and the

Steering Committee chaired by the Chief Minister.

2. Principles of the Memorandum of Understanding

The parties to this MOU commit to adhere to the following principles:

This MOU sets forth a framework for the parties’ cooperation and does not constitute a financial or legally binding commitment by either party. Any work or projects to be undertaken between the parties shall be reflected in one or more mutually acceptable definitive written agreements (“project agreements”).

• Both parties to this MOU are considered equal collaborators regarding the implementation of this framework for programmatic collaboration.
• The parties do not intend to create a legal partnership, joint venture or agency relationship. Neither party will refer to or treat the arrangements under this MOU as a legal partnership, joint venture or agency or take action inconsistent with the parties’ intention. While willing to cooperate, the parties declare that they will maintain their independence in accordance with the legal texts that govern them.
• Neither party herein shall be liable for any unforeseen event beyond the party’s reasonable control, which causes such party to be unable to perform its obligations under this MOLT. Neither party may work, represent, or present itself as an agent or representative of the other party; or enter into contracts or assume any obligations in the name of the other party or on behalf thereof.
• Neither party may use the name, logo or registered trademark of the other party, nor any abbreviation thereof without written consent from the other party.
• The MOU in itself imposes no financial obligations on either party. No clause of this MOU shall constitute a commitment of any party to contribute funds towards the implementation of activities envisaged hereunder, save where jointly agreed upon.
• All intellectual property used in the implementation of the MOU will remain the property of the party that provided it and shall not be used by the other party for any purpose without the prior written consent from the owner of the intellectual property.
• This MOU may be amended at any time with the mutual written consent of the parties. Any amendment will be attached as an addendum to this MOLT.

Each party reserves the right to terminate this MOU by providing two months’ written notice to the other party.

• The parties intend to be represented by those holding or acting in the offices held by the signatories to this MOU. Each party may identify additional representatives authorized to represent it for all purposes other than executing formal modifications to this MOU. Each party shall notify the other, in writing, of changes in its authorized representatives.

3. Activities in support of the Government of Sierra Leone

Subject to the availability of funding, and within the framework of funders’ requirements, IFES’ activities in support of the OCM and the PSRU may include, but will not necessarily be limited to:

• Conducting a joint assessment with the PSRU of the Electoral Commission of Sierra Leone and other relevant electoral institutions, known as an Independent Management and

Functional Review (IMFR). This collaboration includes:

• IFES and PSRU jointly design the IMFR framework and assessment methodology, drawing on each party’s existing methodologies and global good practice for election-related assessments. The PSRU shall have the final right to review and validate the framework and methodology.
• IFES and PSRU each provide individuals to the joint assessment team with delineated roles and responsibilities related to design, logistics, data collection and processing, validation of findings, and report writing. Size and makeup of the assessment team will be determined by mutual consent.
• IFES provides capacity-building support, including training, instruction, and templates, to PSRU representatives in areas related to electoral processes, election management bodies, and assessment methodology.
• Technical advisory support to the Steering Committee leading the implementation of recommendations from the Electoral Systems and Management Bodies Review.

4. Roles and Responsibilities of IFES

In addition to the principles mentioned above, IFES commits to the following:

• The technical support to the PSRU and the Steering Committee under any project agreement will be provided by IFES electoral, legal, and research experts deployed to

Freetown, Sierra Leone. IFES’ experts work in close collaboration with the programmatic team in PSRU and IFES’ Virginia, USA, headquarters (“IFES HQ”) to ensure implementation of planned activities and compliance with project documents.  The in-country support will be led by the IFES Election Systems Advisor for Sierra Leone, who will report to the IFES HQ Regional Director for Africa.

• IFES will manage IMFR data collection, processing, and report development and deliver a capacity-building workshop for the PSRU related to the assessment. Deliverables from the IMFR will include the assessment framework and methodology, preliminary findings to be validated by PSRU, and final assessment report to be delivered to the Steering Committee, chaired by the Chief Minister.
• IFES will endeavor to respond to other written requests for technical assistance received from the OCM according to the availability of donor funds, applicable regulations, adequate timeline and programmatic requirements.

5. Roles and Responsibilities of the PSRU

The overall coordination of the IMFR will be led by the PSRU, under the instructions of the Steering Committee, chaired by the Chief Minister; and the PSRU will be responsible for the following:

• The PSRU will provide administrative, logistical, and technical support required by the internal review team.
• The PSRU will coordinate the validation of relevant documents and products from the Review process by relevant Government stakeholders.
• The PSRU will coordinate the data gathering process, which include the one-on-one interviews, focus group discussions, administering of questionnaires, and other relevant qualitative methods at chiefdom, district, regional and central level.
• The PSRU will monitor the implementation of the Review recommendations proposed for the electoral bodies reviewed.
• The PSRU shall support communication with the public and interest groups on progress during and implementation of the recommendations after the functional management review.
• The PSRU shall ensure that requests to IFES are in writing, in line with IFES program objectives, and are provided within realistic timelines for implementation.

6. Roles and Responsibilities of the OCM

In addition to the principles mentioned above, OCM commits to the following:

The OCM will work closely with IFES to coordinate the implementation of activities agreed upon within this MOU.

• The OCM agrees to provide, within its means, the necessary support, human and in-kind resources to facilitate IFES’ technical assistance to be can•ied out in accordance with this MOLT. Such resources and support may include, but are not limited to, providing logistical and communications support to schedule assessment meetings and interviews; supporting the issuance of necessary business visas for IFES staff traveling to Sierra Leone, as well as any other assistance identified.
• The OCM and PSRU shall secure buy-in for the IMFR process from the public sector reform architecture and cooperation from electoral bodies to be assessed.
• The OCM shall ensure that requests to IFES are in writing, in line with IFES program objectives, and are provided within realistic timelines for implementation.

7. Dispute Resolution

If any dispute arises between the parties relating to this MOU, the parties agree to use their reasonable endeavors to settle such differences amicably.

8. Indemnification

Each party (the “Indemnifying Party”) shall keep the other party (the “Indemnified Party”), during and after the term of this MOU, fully indemnified against all losses, damage, injuries, deaths, expenses, actions, proceedings, demands, costs and claims including, but not limited to, legal fees and expenses suffered by the Indemnified Party where such loss is the result of a wrongful action or negligence by the Indemnifying Party during the term of this agreement.

9. Effective Date/Duration

This MOE shall be effective when signed by both parties and shall remain in effect for a period of one ( l ) year, renewable upon mutual agreement by both parties until it is terminated by one or both

10. Visibility

Parties shall ensure equal visibilitv by acknowledging both institutions on all communication and other platforms upon implementation of activities agreed upon within this MC)LJ.

In witness whereof, the undersigned representatives of the OCM, PSRU, and IF E.S hereby approved this Memorandum of Understanding.

Signatures: