Document 6 Ill JRC No. 33304-2013 TPW Ref. Ares(2020)1527121 -12/03/2020 SERVICE LEVEL AGREEMENT No.: JRC/714/2013 between JOINT RESEARCH CENTRE and European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union The European Commission, represented for the purpose of signing this Service Level Agreement by Mr Stephan Lechner, Director of the Institute for the Protection and Security of the Citizen of the Joint Research Centre, duly entitled to sign, hereinafter referred to as "JRC" and The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, hereinafter referred to as "Frontex", reoresented for the purpose of the signature of this Service Level Agreement by Mr. , Head of Frontex Situation Centre, Hereinafter referred to individually as "the Party" or collectively as "the Parties" Having regard to Council Regulation (EC) 2007 /2004, of 26 October 2004, establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex), as last amended, Have agreed the conditions below and the following annexes: Annex I - FSC Product Description Document Annex II - ICT Product Description Document which form an integral part of this Service Level Agreement (SLA) text removed in lower corners,

JRC No. 33304-2013 NFP

Article 1

The subject of this Service Level Agreement is the definition of the operational,
administrative, financial and technical conditions under which JRC shall provide Frontex
with the services and products to the maintenance and updating of the Frontex Media
Monitor and the Newsdesk, which were supplied by the JRC in the frame of the SLA No.
JRC/FX/286/2009-1, signed on 17/12/2009.

Article 2

The tasks for updating of the Frontex Media Monitor (FMM) and the Newsdesk are described
in Annex |.
The tasks for IT maintenance and technical problem solving are described in Annex Il.

Article 3

The updates for the FMM and the Newsdesk are part of JRC normal research activity and
they will take place in parallel to the updates of the Europe Media Monitor. Thus, there is
no specific schedule for these particular deliverables.

The maximum response time from the JRC for assistance in building categories, editing
alerts, source and links maintenance is of 48 hours.

The maximum response time from the JRC for the resolution of IT and end-users reported
problems is of 24 hours for the Newsdesk and 48 hours for the FMM, during business days.

Article 4

A total amount of EUR 50.000,00 (fifty thousand Euros) shall be paid by Frontex under this
Service Level Agreement, covering all tasks to be executed.

The total amount referred to in the above paragraph shall be fixed and not be subject to
revision.

Article 5

Payments shall be executed once the JRC has fulfilled its obligations arising from the
Service Level Agreement covered by the debit note by the date on which the debit note is
submitted.

Following signature of this Service Level Agreement by the last contracting party, within 45
days of the receipt by Frontex of a request for pre-financing with a relevant debit note, a
pre-financing payment of EUR 42.500,00 (forty two thousand five hundred Euros) equal to
85% of the total amount referred to in Article 4 shall be made.

The request for payment of the balance of JRC shall be admissible provided that all
deliverables laid in Article 1 and Article 2 have been approved by Frontex and correctly
executed, within the deadline for response time stipulated in Article 3.

Within 45 days of the date on which Frontex approved those deliverables, payment of the
balance corresponding to EUR 7.500,00 (seven thousand five hundred Euros) equal to 15% of
the total amount referred to in Article 4 shall be made.

In the event of late payment the JRC may claim default interest. Interest shall be
calculated at the rate applied by the European Central Bank to its most recent main
refinancing operations (“the reference rate”) plus three and a half percentage points. The
reference rate in force on the first day of the month in which the payment is due shall
apply. Such interest rate is published in the C series of the Official Journal of the European
Union. Interest shall be payable for the period elapsing from the calendar day following
expiry of the time-limit for payment up to the day of payment.

JRC No. 33304-2013 NFP

Article 6

Payments shall be made to the JRC bank account denominated in EUR, identified as
follows:

text removed, justifcation 1

Article 7

Any communication relating to this Service Level Agreement will be done by writing and
bear the reference number and reference of the deliverables from Annex I. Ordinary mail
shall be deemed to have been received by Frontex or JRC on the date on which it is
registered by the department responsible indicated below. Communications shall be sent to
the following addresses:

Frontex:
Administrative and technical issues Technical issues (IT problem
(updating and user support) solving, installation and system
performance)
Frontex Frontex
Rondo ONZ 1, 00-124 Warsaw Rondo ONZ 1, 00-124 Warsaw
Poland Poland
text removed, justification 1
JRC:
Administrative issues Technical issues
European Commission European Commission
Joint Research Centre Joint Research Centre
Directorate B - Resources Institute for the Protection and Security of
Budget, Accounting and Competitive the Citizen
Activities - TP 060 Global Security & Crisis Management - TP 267

text removed, justfication 1

Article 8

Any delay and their reasons in performance of the tasks must be immediately notified to
Frontex.

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JRC No. 33304-2013 NFP

Article 9

This Service Level Agreement enters into force on the day following its signature by the last
Party.

The execution of the tasks may not, under any circumstances, begin before the date on
which this Service Level Agreement enters into force.

Article 10

This SLA is concluded for a period of 12 months. This period and all other periods specified
in this Service Level Agreement are calculated in calendar days. The execution of the tasks
shall start from the date of entry into force of this Service Level Agreement. The period of
execution of the tasks may be extended with the written agreement of the Parties before
such period elapses.

Each Party has the right to terminate this SLA in case the other Party remains in serious
breach of its contractual obligations after receiving formal notice in writing to comply,
specifying the nature of the alleged failure, and after being given the opportunity to
remedy the failure within a reasonable period following receipt of the formal notice. This
includes where the contractual obligations may no longer be performed due to lack of
necessary budget allocations for the purposes of the SLA. Any termination under this
paragraph becomes effective by the end of the next calendar month after notification to
the other Party. The payment amounts are adjusted according to the tasks actually
executed.

In the event of termination of this Agreement by JRC, all pre-financing, after the deduction
of borne costs at the moment of termination, shall be reimbursed to Frontex.

Article 11

Any amendment to this Service Level Agreement shall be the subject of a written
agreement concluded by JRC and Frontex.

Article 12

Any results or rights thereon, obtained in performance of the Service Level Agreement,
shall be owned by Frontex.

Article 13

The copyright and other intellectual or industrial property rights, obtained in performance
of the Service Level Agreement, shall be owned by the JRC.

Article 14

Any personal data included in the Service Level Agreement shall be processed pursuant to
Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of
personal data by the institutions and bodies of the European Union and on the free
movement of such data. Such data shall be processed solely for the purposes of the
performance, management and monitoring of the Service Level Agreement.

Article 15

Force majeure shall mean any unforeseeable and exceptional situation or event beyond the
control of the Parties which prevents either of them from performing any of their
obligations under the Service Level Agreement, was not due to error or negligence on their
part or on the part of a subcontractor, and could not have been avoided by the exercise of

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JRC No. 33304-2013 NFP

due diligence. Defects in equipment or material or delays in making it available, labour
disputes, strikes or financial problems cannot be invoked as force majeure unless they stem
directly from a relevant case of force majeure.

If one Party is faced with force majeure, it shall notify the other Party without delay by
registered letter with acknowledgment of receipt or equivalent, stating the nature, likely
duration and foreseeable effects.

Neither Party shall be held in breach of its contractual obligations if it has been prevented
from performing them by force majeure. Where the JRC is unable to perform its
contractual obligations owing to force majeure, it shall have the right to remuneration only
for tasks actually executed.

The Parties shall take the necessary measures to reduce damage to a minimum.

Article 16

This Service Level Agreement shall be governed by European Union law, complemented,
where necessary, by the national substantive law of Poland. In case of dispute between the
Parties arising out of or in connection with this SLA the Parties agree to settle it by mutual
agreement. Should the dispute not be settled through the procedure abovementioned it will
be brought before the Court of Justice of the European Union.

IN WITNESS WHEREOF, this SLA in English is made out in duplicate and duly signed by the
authorized representatives on the date as denoted below, and both copies are to be
considered as the original of this SLA.

SIGNATURES
For the JRC, For Frontex.
Mr. Stephan Lechner Mr.
IPSC Director Head of the Frontex Situation Centre
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Done at Ispra, on () 5 DIE. 2013 Done at Warsaw, on Ni 201 )

Warsaw, 22.11.2013
Proj. No. 714/2013

Zr
FR I" RO N T EX INTERNAL USE ONLY

FRONTEX
MEDIA MONITOR

FSC Product Description

Product: Frontex Media
Monitor/Newsdesk
Version 1.2

 

European Agency for the Management www.frontex.europa.eu
of Operational Cooperation Rondo ONZ 1, 00-124 Warsaw, Poland
at the External Borders of the Member States Tel. +48 22 205 95 00

INTERNAL USE ONLY Project Name: Date: Author: Owner: Frontex Media Monitor 2013.09.23 Release: Final 1.2 Text Removed - Justification 1 / Text removed - Justification 1 Text Removed - Justification 1 Client: Document Number: Text Removed Justification 1 Revision History Date From ! version 2011.01.20 : To version 1 [ Description of change b : 0.1 Document created 2011.01.20 0.1 1.0 Document finalised 2012.04.18 1.0 1.1 Document updated I Change made Text Removed - Justifica1ion 1 Text Removed - Justifica1tion 1 Text Removed - Justifica1 Text Removed Justification 1 2013.09.23 1. 1 1.2 Document updated Text Removed - Justification 1 Referenced Documents Version Date : Author Approvals Th� document '1IQU.W t� f.QDing apprayals. A sJQ.n� l.l2.l2Y sh� be pla_ag in the project files. Name Signature Title Date of Issue : Version Title Date of Issue Version Distribution Th� document has b en distributed to: Name ______,./FSC Product Description for FMM/NewsDesk Version: 1.0

INTERNAL USE ONLY

Identifier:
Product Title:

Purpose:

Format:

Composition:

External Dependencies:

Derivation:
Development Resource
(33 1d=H

Development Skills
Required:

Allocated To:
Quality Criteria:

Version: 1.0

wi

 

Frontex Media Monitor

Updating and end-user assistance for the Frontex Media Monitor and Newsdesk
applications

The Frontex Media Monitor is a web monitoring tool that retrieves media articles
based on pre-customized categories and alerts. The Newsdesk is the interconnected
tool which allows users to edit and publish newsletters. Both tools were installed and
are running at the Frontex server under an SLA with the JRC, signed in 2010.

The purpose of this Product Description is to regulate the content and quality criteria
for _the maintenance and updating of both _products, to be performed by the _JRC
throughout the period of 12 months from this SLA signature by its last party.

JRC will perform the updating and end-user (FSC) support through a long-distance
technical assistance, according to the response time set in the SLA. Eventually, for
certain updates, and upon agreement between Frontex and the JRC, the updating
services can be performed at Frontex premises, if this option is considered to be more
effective. Frontex does not incur in any additional payment for this displacement (it
is considered as part of the instalment set in the SLA).

Regular updating of the FMM and the Newsdesk, based on iterns agreed
between FSC and JRC throughout the period covered by the SLA, or proposed
by the JRC as part of its continuous research to enhance the features of the
Europe Media Monitor;

End user assistance to build categories, update links and remove broken links
in the FMM;

End user assistance to edit newsletter via the Newsdesk and solve problems
occurring as a result of the system’s malfunctioning.

n/a

Europe Media Monitor

n/a

JRC has, within the Institute for the Protection and Security of the Citizen, the skilled
staff to perform end-user assistance and updating. The Open Sources team (OPTIMA)
‘ Text Removed - ; ; i ithi

is lead by er the person in charge of managing operations within the
team, in order to provide the service agreed with Frontex.

Text Removed -
Justification 1 JRC

The FMM and the Newsdesk are expected to be working continuously (on a 24 hour
basis) and properly maintained according to the specifications laid out in the
currently concluded Service Level Agreement with the JRC.

Besides the IT normal functioning of both tools, it is required that the internal
components of the system are working properly according to the following quality
criteria:

e _FMM lay-out and features are stable and aligned with the new EMM layout;

e Possible development of EMM Mobile Application for the FMM will be

 

FSC Product Description for FNM/NewsDesk

INTERNAL USE ONLY

Quality Tolerance:

Quality Method:

Required Quality
Checking Skills:

Quality Reviewer(s):

Quality Review
Resource Estimate:;

 

 

investigated by both parties to take a decision whether it could be deployed
in the framework of the current SLA or covered by a separate one;

e Categories built are providing hits according to the alerts set;

e Alert editor is functioning property and allows end-users (FSC) to edit pre-
established alerts;

e Newsletter publishing via the Newsdesk as well as in the main page of the
Frontex Media Monitor is performed without problems or delays during the
mornings of working days;

e Distribution lists in the Newsdesk work properly and the newsletter is
received by all subscribers (except when the product isn’t delivered due to
problems or definitions of the subscribers’ account).

The quality criteria are assessed based on two factors:
e quality of JRC intervention in troubleshooting;
e _ response time required (according to the deadline set in the SLA).

The final report to be written by FSC one month before the end date of the SLA will
provide an overview of the quality of work performed, assessing the extension of the
maintenance and updating services for the subsequent period. For other issues
related to the non-compliance of the quality criteria, the legal steps set in the SLA
apply.

Quality criteria are considered acceptable when all features described in the previous
chapter are met and all problem solving and technical assistance works are performed
according to the convened deadline.

Quality is to be assessed by the FSC FMM Project Manager and by the Media Monitoring
Support Officer, through daily use, testing and supervision of both tools’

performance.

Quality checking for updating and end-user assistance services is to be performed by
the Media Monitoring team at FSC, as end-users are skilled staff members in Open
Sources applications and supporting applications.

Product Manager Text Removed - Justification 1  (FSC)

Product Manager - part-time (10%)

FSC Product Description for FAM/NewsDesk

Version: 1.0

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