Appointment of on island expert to improve communication

Summary

The request sought details on the appointment, procurement, costs, and timeline for communications expert Craig Tregurtha. The response disclosed the signed agreement and confirmed a Financial Regulations exemption was granted, but withheld specific commercial pricing and recruitment statistics.

Key Facts

• Craig Tregurtha was appointed as an external expert to support and mentor the Cabinet Office Communications Team.
• The appointment utilized a Financial Regulations exemption (FRE-4886) to bypass the standard Quick Quote procurement process.
• The agreement defines 'Commercially Sensitive Information' to include pricing and intellectual property rights.
• The contract is governed by the Freedom of Information Act 2015 and Isle of Man Data Protection legislation.
• The response outcome was classified as 'Some information sent but part exempt'.

Data Disclosed

• 2024-09-05
• 2024-10-25
• FRE-4886
• 2%
• 24 pages
• 2 documents

Exemptions Cited

• Commercially Sensitive Information
• Financial Regulations exemption (FRE-4886)

Original Request

Please supply a copy of the terms of reference , procurement and appointment of Mr Craig Tregurtha. Please confirm how many individuals applied for and were interviewed for the contract. Please supply costs for the review and the business case. Please confirm if these costs are met from existing budget or if additional funding has been requested from Treasury and if so the application and consent documents. Please confirm the timeline for the review and the expected outcomes.

Data Tables (1)

Full Response Text

1 THIS AGREEMENT is made the day of 2024 BETWEEN (1) The Cabinet Office (a Department of the Isle of Man Government) of 3rd Floor Government Office Bucks Road Douglas Isle of Man (“the Department” which expression shall where the context so admits include its successors and assigns) and (2) Craig Tregurtha of (“the Consultant”)

WHEREAS: (A) The Department wishes to engage the Consultant to support and mentor its Communications Team and act as an external expert to that team (B) The Consultant has the skills background and expertise in communications projects to enable it to carry out the Services (C) The Department has received Financial Regulations exemption (FRE- 4886) from the Quick Quote process (D) The Consultant has agreed therefore to provide the Services (as hereinafter more particularly described and defined) upon the terms and conditions of this Agreement

1. DEFINITIONS AND INTERPRETATION 1.1. The following terms shall have the following meanings:- “Agreement” means this Agreement and all Schedules hereto “Applicable Rate” means the base rate of interest quoted publicly from time to time by the Bank of England plus two percent (2%) which for all purposes under this Agreement shall be evidenced by a certificate signed by a manager of such bank whose appointment or designation it shall not be necessary to prove “Commercially Sensitive Information” means information of a commercially sensitive nature relating to the pricing of the Services, the Consultant’s intellectual property rights or the Consultant’s business operations which the Consultant has indicated to the Department that, if disclosed by the Department, would cause the Consultant significant commercial disadvantage or material financial loss “Confidential Information” means the Project Documents, all financial, commercial, technical, operational, organisational, staff, legal, management

2 and other information, data and know-how relating, respectively, to the disclosing Party including details of the disclosing Party's products, assets, networks and data-networks, stakeholders, customers, suppliers and employees which may be supplied orally or in writing or in any other form by the disclosing Party “Data” means all data: (i) collected by the Consultant in carrying out its obligations in accordance with this Agreement; and/or (ii) otherwise collected or generated by the Consultant in relation to the provision of the Services “Data Protection Legislation” means the Data Protection (Application of GDPR) Order 2018 and Data Protection (Application of LED) Order 2018 and any regulations made thereunder or any other instruments relating to the protection of personal data as implemented in the Isle of Man pursuant to the Data Protection Act 2018 from time to time during the Term “Deliverable” means the deliverables identified in the Terms of Reference “FOIA” means the Freedom of Information Act 2015 “Information” has the same meaning as is defined or described in the FOIA “Intellectual Property Rights” means any rights subsisting in any patent, petty patent, trade mark, service mark, design right, registered or unregistered design including any applications for the foregoing, present and future copyrights, moral rights, databases, know-how and other trade secret rights, rights of confidence, trade or business names and other industrial or intellectual property rights subsisting anywhere in the world “Parties” means the Department and the Consultant and “Party” means either one of them as appropriate “Project Charges” means the prices for the Services as set out in Schedule 2 to this Agreement “Project Documents” means this Agreement, any documents recording an agreed variation in accordance with clause 6 (CHANGE CONTROL PROCEDURE) and any other documents that may be agreed between the Parties from time to time “Services” means the services, supply of goods, functions and responsibilities to be provided by the Consultant as set out in the Specification

3 "Specification" means the Specification contained within Schedule 1 to this Agreement
“Term” has the meaning given to it in clause 2 (AGREEMENT) of this Agreement “Working Days” has the same meaning as is defined or described in the FOIA.

1.2. Interpretation This Agreement shall be interpreted according to the following provisions, unless the context requires a different meaning: (a) The clause headings in this Agreement do not form part of this Agreement and shall not be taken into account in its construction or interpretation (b) Expressions which denote any reference to one gender shall include the other and any reference to the singular includes the plural and vice versa (c) References to a “person” shall be construed as including references to an individual, firm, company, corporation, partnership, association, unincorporated body of persons, trust, a state or any governmental authority or any other entity whether acting in an individual, financing or other capacity and to such person's permitted successors (d) References to a “business day” shall mean any day which is not a Saturday or a Sunday or any public holiday or bank holiday recognised in the Isle of Man (e) References to clause(s), schedule(s) or appendix/appendices shall refer to clauses, schedules or the appendices of and to this Agreement (f) All references to this Agreement shall include references to all schedules and appendices to this Agreement which schedules and appendices shall form an integral part of this Agreement (g) An expression defined in this Agreement shall bear the same meaning in the appendices (h) Unless expressly provided otherwise in this Agreement, a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted and includes any subordinate legislation made under it, in each case from time to time

4 (i) Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms

1. AGREEMENT Subject to clause 16 (TERMINATION) this Agreement shall be effective from 24 April 2024 to the date on which all (or the final) Deliverables have been received by the Department or the fifth anniversary of the date of this Agreement (whichever shall be the sooner) (the “Term”)

2. SERVICES Throughout the Term the Consultant shall provide the Services in accordance with the terms and conditions of this Agreement

3. DEPARTMENT'S OBLIGATIONS In consideration for the provision by the Consultant of the Services the Department shall pay the Consultant the Project Charges in accordance with the terms of this Agreement

4. WARRANTIES 5.1 The Consultant represents and warrants that he shall at all relevant times: (a) have suitable security accreditation training education experience and skill to perform the Services (b) provide the Services with promptness and diligence and in a workmanlike manner in accordance with the terms of this Agreement (c) have all the necessary licences certificates authorisations and consents required under the laws of the Isle of Man for the provision of the Services (if any) (d) comply with the terms and conditions of all licences certificates authorisations and consents required for the provision of the Services 5.2 The Consultant agrees to comply with the Health and Safety at Work Act 1974; the Management of Health and Safety at Work Regulations (1992); and the Electricity at Work Regulations (1989) and the Department's (or other Isle of Man Government Department's or Statutory Board's or other Isle of Man Government body's) health and safety policy, the computer security

5 policy and any other policy (where such policies are notified to the Consultant) and reasonable direction of the Department in relation to the security of the Department's (or other Isle of Man Government Department's or Statutory Board's or other Isle of Man Government body's) personnel, computer and communications system and premises

1. CHANGE CONTROL PROCEDURE From time to time during the Term, the Consultant or the Department may propose changes in or additions to the Services or other aspects of this Agreement; any changes must be agreed in writing between the Parties

2. PROJECT CHARGES 7.1 The Consultant agrees to charge the Department the Project Charges for the provision of the Services. The Consultant agrees that the Project Charges include all costs (both in man hours and disbursements) in order to complete the work required to be undertaken on the part of the Consultant to provide the Services based upon the Specification 7.2 The Project Charges shall not be subject to any VAT or other taxes or duties levied on such sums during the Term. In the event that the Project Charges do become subject to any VAT or other taxes or duties levied on such sums during the Term and subject to receipt of a valid VAT invoice the Department undertakes to pay and indemnify the Consultant in respect of any such VAT or other tax or duty properly chargeable to the Department by the Consultant 7.3 No Project Charges will be payable by the Department for any Services that are not provided under the terms of this Agreement

3. PAYMENT 8.1 The Consultant will issue invoices to the Department and the Department will pay the sums due in accordance with the provisions of this Agreement 8.2 All invoices properly due shall be payable within thirty (30) days of receipt 8.3 Where an invoice relates to the delivery of documentation, the Department shall be entitled to withhold payment of the same pending the delivery and acceptance of that documentation, acceptance of that documentation shall be deemed to have occurred unless the Department, acting reasonably, shall

6 have notified the Consultant in writing within fourteen (14) days of delivery that the Department rejects such documentation 8.4 The Consultant may claim interest on any amount overdue at the Applicable Rate from due date until date of payment, both days inclusive, which interest shall be equal to the Applicable Rate and calculated on a daily basis. 8.5 Notwithstanding the terms of this clause 8, the Department shall not be penalised in any way (or be deemed to be in breach of any provisions of this Agreement) in respect of a delay by the Department in fulfilling a payment obligation under this Agreement where the Department has reasonable grounds for disputing the accuracy or validity of any Project Charges, and provided that it shall have paid any undisputed part of any Consultant invoice.
Any dispute which cannot be resolved satisfactorily between the Parties shall be resolved in accordance with clause 27 (DISPUTES) 8.6 Notwithstanding the terms of this clause 8, whenever any sum of money shall be due and payable by the Consultant to the Department, such sum may at the Department's discretion be deducted from or applied to reduce the amount of any sum then due, or which at any time afterwards may become due, to the Consultant from the Department under this Agreement

1. INFORMATION 9.1 The Consultant will keep records and details relating to the following matters arising in relation to the Services: (a) Time spent by the Consultant (b) Meetings arranged by the Consultant together with details of the attendees and any feedback received as a result thereof 9.2 Subject to the provisions of clause 11 (COMPLIANCE): (a) the intellectual property rights to the Data shall be owned by the Department and the Department hereby grants the Consultant a licence to use the Data during the Term for the purposes of carrying out the Services (b) the Data must be available for inspection by an authorised officer of the Department at all reasonable times, and (c) the Data must be delivered to the Department on the expiry or earlier determination of this Agreement

7 10. TRADEMARKS AND TRADE NAMES 10.1 The Consultant may not, without the prior written consent of the Department, use the names, service marks, trademarks, logos or other corporate identifications of any Isle of Man Government Department, Statutory Board or other Isle of Man Government body 10.2 The Department may not, without the prior written consent of the Consultant, use the names, service marks, trademarks, logos or other corporate identifications of the Consultant

1. COMPLIANCE The Parties shall, in the performance of their obligations under this Agreement, comply with all applicable statutes, regulations and orders and, in particular, shall comply with the requirements of the UK Official Secrets Acts as they are extended and applied to the Isle of Man by Order in Council, the FOIA, the Data Protection Legislation and all regulations and orders made thereunder and the Isle of Man Government policies on confidentiality and security and shall obtain and maintain in force all applicable notifications and licences under such legislation

2. INDEMNITY The Consultant shall at all times keep the Department effectually indemnified against all actions proceedings costs charges claims and demands whatsoever which may be made or brought against the Department by any third party by reason of any matter or thing done or purported to be done by the Consultant its servants or agents under this Agreement or any breach by the Consultant of the terms and conditions of this Agreement or in connection with the Services

3. CONFIDENTIALITY AND NON-DISCLOSURE 13.1 For the purpose of this clause 13 “receiving party” shall mean each of the Parties receiving the other's Confidential Information and “disclosing party” shall mean that Party disclosing its Confidential Information to the other 13.2 The receiving party may disclose Confidential Information of the disclosing party only to its officers and employees which for the avoidance of doubt shall include contractors and temporary staff and then only such officers and employees to whom such disclosure is reasonably necessary, provided that such officers and employees agree in writing or through their contracts of

8 employment or of appointment as the case may be to be bound by the terms and conditions of this clause 13 prior to such disclosure 13.3 The receiving party agrees: (a) not to disclose Confidential Information of the disclosing party to any third party for any reason or purpose whatsoever without the prior written consent of the disclosing party, save in accordance with the provisions of this clause 13 (b) not to utilise, employ, exploit or in any other manner whatsoever use Confidential Information of the disclosing party for any purpose whatsoever other than str

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