Public Service Agreement for Switzerland

Public Service Agreement Template for Switzerland

A comprehensive legal agreement governed by Swiss law that establishes the terms and conditions for the provision of public services by a contractor to a Swiss public authority. The document incorporates requirements from Swiss public procurement law, administrative law, and the Swiss Code of Obligations, ensuring compliance with federal and cantonal regulations. It details service specifications, performance standards, financial arrangements, compliance requirements, and risk allocation while maintaining transparency and public interest considerations.

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What is a Public Service Agreement?

The Public Service Agreement is a crucial document used in Swiss public administration when engaging external contractors to provide essential public services. It serves as the primary contractual framework between public authorities and service providers, ensuring compliance with Swiss federal and cantonal procurement laws, administrative regulations, and public service requirements. The agreement typically follows a formal procurement process and must address specific public law considerations, transparency requirements, and public interest safeguards. It includes detailed provisions for service delivery, performance monitoring, public accountability, and risk management, while incorporating specific requirements from the Federal Act on Public Procurement and related regulations. The document is essential for maintaining high standards of public service delivery while ensuring efficient use of public resources and proper oversight.

What sections should be included in a Public Service Agreement?

1. Parties: Identification of the contracting public authority and the service provider, including their legal status and authorized representatives

2. Background: Context of the agreement, including reference to any procurement process and legal basis for the service provision

3. Definitions: Definitions of key terms used throughout the agreement, including technical and legal terminology

4. Scope of Services: Detailed description of the services to be provided, including core obligations and service standards

5. Duration and Commencement: Term of the agreement, including start date, duration, and any renewal provisions

6. Service Provider's Obligations: Key responsibilities, including compliance with laws, maintaining permits, reporting requirements

7. Authority's Obligations: Public authority's responsibilities, including provision of necessary information and access

8. Quality and Performance Standards: Required service levels, quality metrics, and performance monitoring mechanisms

9. Financial Provisions: Payment terms, pricing structure, invoicing procedures, and budget constraints

10. Compliance and Reporting: Regulatory compliance requirements, reporting obligations, and audit rights

11. Personnel Requirements: Staffing obligations, qualifications, security clearances, and training requirements

12. Liability and Insurance: Allocation of risks, insurance requirements, and limitation of liability provisions

13. Data Protection and Confidentiality: Handling of personal data, official secrets, and confidential information

14. Termination: Termination rights, procedures, and consequences

15. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law

What sections are optional to include in a Public Service Agreement?

1. Emergency Services: Required for critical public services, defining emergency response procedures and continuity plans

2. Intellectual Property Rights: Needed when the services involve creation or use of intellectual property

3. Environmental Requirements: Required when services have environmental impact or sustainability requirements

4. Social Requirements: Used when specific social standards or community impact considerations apply

5. Subcontracting: Needed when the service provider may use subcontractors

6. Transfer and Exit Management: Required for complex services requiring transition planning

7. Force Majeure: Optional but recommended for long-term or critical services

8. Anti-Corruption Provisions: Required for high-value contracts or those with corruption risks

What schedules should be included in a Public Service Agreement?

1. Service Specification: Detailed technical specifications of the services to be provided

2. Price Schedule: Detailed pricing structure, including rates, charges, and payment mechanisms

3. Service Level Agreement (SLA): Specific performance metrics, measurement methods, and penalties

4. Personnel Schedule: Key personnel, qualifications, and roles

5. Data Processing Agreement: Detailed provisions for handling personal data in compliance with Swiss data protection law

6. Security Requirements: IT security, physical security, and data security requirements

7. Implementation Plan: Timeline and milestones for service implementation

8. Reporting Templates: Standard forms and formats for required reports

9. Exit Plan: Procedures and requirements for service termination and transition

10. Contract Management Procedures: Processes for managing the contract, including change control and escalation procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Public Administration

Healthcare

Education

Transportation

Waste Management

Information Technology

Environmental Services

Social Services

Infrastructure

Energy

Telecommunications

Municipal Services

Security Services

Facilities Management

Relevant Teams

Legal

Procurement

Public Sector Relations

Operations

Compliance

Contract Management

Service Delivery

Quality Assurance

Risk Management

Business Development

Finance

Technical Services

Government Affairs

Administrative

Relevant Roles

Public Procurement Officer

Contract Manager

Legal Counsel

Public Administration Director

Compliance Officer

Service Delivery Manager

Project Manager

Operations Director

Business Development Manager

Risk Manager

Quality Assurance Manager

Finance Director

Technical Services Manager

Procurement Specialist

Public Sector Account Manager

Administrative Law Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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