instructions for drafting: amend all text in [ ] …€¦  · web viewpropose transparent decision...

27
MUNICIPAL INFRASTRUCTURE PROGRAMME IN THE REPUBLIC OF TAJIKISTAN AND THE KYRGYZ REPUBLIC CORPORATE DEVELOPMENT PROGRAMME CONSULTANCY FRAMEWORK TERMS OF REFERENCE 1. BACKGROUND The Republic of Tajikistan and the Kyrgyz Republic (together “the Countries”) faces immense challenges in maintaining and improving its water, waste water and solid waste infrastructure. Due to substantial under- investment over the last 20 years, the infrastructure is dilapidated and funding needs for modernisation are significant. In response to the above challenges the EBRD launched a tailor made Municipal Infrastructure Programme (the “Programme”) build on the Bank’s track record in supporting infrastructure reforms in the Countries, through small well designed projects combined with institutional support to utilities and local authorities, to support critical investments in smaller towns, which would be difficult to finance on a stand- alone basis. Each sub- project comprises a sovereign loan, on-lent to participating cities and companies, co- financed by a large portion of capital expenditure grant from international donors, or the Bank’s own resources. To date, the EBRD has signed 32 sub-project loans totalling EUR 113.3 million, and 20 sub-projects are at various stages of preparation. Based on experience to date, it became evident, that selection of the implementation support consultants should be done in a more efficient way. Implementation support consultants are mobilized by the time of loan signing to start rendering services and support the companies straight after. Therefore, the Bank is now considering the possibility to arrange for a packaged technical cooperation (“TC”) approach that would support the Programme co-financed sub-projects in the Countries in water and wastewater and solid waste sectors and to 1

Upload: buikhanh

Post on 26-Aug-2018

220 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

MUNICIPAL INFRASTRUCTURE PROGRAMME IN THE REPUBLIC OF TAJIKISTAN AND THE KYRGYZ REPUBLIC

CORPORATE DEVELOPMENT PROGRAMME CONSULTANCY FRAMEWORK

TERMS OF REFERENCE

1. BACKGROUND

The Republic of Tajikistan and the Kyrgyz Republic (together “the Countries”) faces immense challenges in maintaining and improving its water, waste water and solid waste infrastructure. Due to substantial under-investment over the last 20 years, the infrastructure is dilapidated and funding needs for modernisation are significant. In response to the above challenges the EBRD launched a tailor made Municipal Infrastructure Programme (the “Programme”) build on the Bank’s track record in supporting infrastructure reforms in the Countries, through small well designed projects combined with institutional support to utilities and local authorities, to support critical investments in smaller towns, which would be difficult to finance on a stand-alone basis. Each sub- project comprises a sovereign loan, on-lent to participating cities and companies, co-financed by a large portion of capital expenditure grant from international donors, or the Bank’s own resources. To date, the EBRD has signed 32 sub-project loans totalling EUR 113.3 million, and 20 sub-projects are at various stages of preparation.

Based on experience to date, it became evident, that selection of the implementation support consultants should be done in a more efficient way. Implementation support consultants are mobilized by the time of loan signing to start rendering services and support the companies straight after. Therefore, the Bank is now considering the possibility to arrange for a packaged technical cooperation (“TC”) approach that would support the Programme co-financed sub-projects in the Countries in water and wastewater and solid waste sectors and to launch a Corporate Development Programme ("CDP") TC Framework (the "CDP TC Framework") aimed to support commercialisation of the Bank’s clients.

The beneficiaries of the CDP TC Framework are municipal (or state owned) water/wastewater and solid waste enterprises (each, the “Company” or the “Beneficiary”), wholly owned by the respective city or region (each, the “City”).

Each Beneficiary under the CDP TC Framework is at different stages of corporate development and requires a variety of types of support to continue to improve its capacity.

The EBRD is now seeking to pre-shortlist of up to eight framework consultancy firms (the “Consultant”) to be included into list of Pre-Qualified Consultants for water and wastewater and solid waste sectors to support the Beneficiaries in implementing the below outlined tasks over the 2017-2021 period (the “Framework Assignment”). The firms pre-shortlisted by EBRD will be eligible for the next stage of consultant selection – evaluation of proposals - to be managed out by EBRD’s clients.

1

Page 2: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

The Pre-Qualified shortlist would be refreshed every 1-2 years depending on demand to ensure a competitive approach is maintained.

The general scope of works to be carried out by the Consultants is described below.

2. OBJECTIVES

Consultant shall assist the Company to improve its commercial standing, service and environmental and social (including gender) performance by helping to identify and implement the necessary corporate, financial and operational improvements required to meet the related covenants included in the EBRD finance documents. This will be achieved via the following major institutional development actions:

Development and introduction of a Public Service Contract (“PSC”) between the City and the Company. The PSC will outline the rights and obligations of the Company and the City, based on a set of key performance indicators with the aim to improve the operational and financial performance of the Company and the level of services to be provided to the population of the City.

Explore possibility and develop an action plan to attract a private operator with the aim to advance the management performance for more cost effective services.

Development and implementation of a Financial and Operational Performance Improvement Programme (“FOPIP”) to include

o Development and introduction of a PSC between the City and the Company. The PSC will outline the rights and obligations of the Company and the City , based on a set of key performance indicators with the aim to improve the operational and financial performance of the Company and the level of services to be provided to the population of the City.

o Review of procedures and introduction of a new MIS.o Development and implementation of Environmental and Social

Management and а gender-sensitive Stakeholder Participation programme (“SPP”).

Development and adoption of a Company Business Plan.

Development and implementation of a Capacity Building Programme including staff training.

2

Page 3: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

Development and adoption of the tariff calculation methodology. The Consultant shall develop a medium-term focused corporate development

plan to improve its corporate planning capacity and to assist its on-going transition towards becoming a self-sustaining entity achieving commercial operations.

The Countries have a welfare system with subsidies provided to vulnerable groups, including subsidised utility services, which bridge the affordability gap. The City has not provided direct subsidies to the low income families. Instead it has provided subsidies to the Company to keep the tariff levels low. The Consultant will develop a social support programme to replace this arrangement and to be agreed between the City and the Company. The social support programme will be reflected in the Public Service Agreement to be signed by the City and the Company. The social support programme will consider different socioeconomic backgrounds and gender.

The Consultant will also co-operate with the City to implement the covenants stipulated under the signed Project Support Agreement (“PSA”).

Finally, the Consultant shall assist the Company in the analysis of the baseline social situation of the vulnerable section of the population and the impact of the project on these groups, and in connection to this assess any impact of the project on the equality between men and women.

3. SCOPE OF WORK

3.1 FOPIP Scope

The Consultant will initially prepare a FOPIP for the Company, which will focus on ensuring that the Company meets the covenants set forth in the financing documentation with EBRD. These include the following: Support in maintaining satisfactory accounting, cost control and management

information systems and books of account in accordance with International Accounting Standards (“IAS”) starting from a date to be agreed with the Bank in the Loan Agreement.

Support in providing the Bank with annual financial statements in IFRS for three financial years, starting from the financial year stipulated in Project Agreements.

Support in maintaining the financial covenants as outlined in the signed Loan Agreement.

Support in providing the Bank with financial and operational reports as required under the financing and project agreements.

Agreeing on performance indicators with the City to be reflected in the PSC.

To this end, it is expected that the FOPIP will include both corporate development actions and financial and operational improvements.

3.1.1 Corporate Development

i) Control over Assets and Public Service Contract Review the legal basis for the Company’s control over the fixed assets and the

provision of services and agree on obligations and responsibilities relating to use,

3

Page 4: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

including maintenance and replacement of assets, service quality and operational performance targets.

Support the Company to develop and adopt a PSC with the City outlining the rights and obligations of the Company and the City, based on a set of key performance indicators with the aim to improve the operational and financial performance of the Company and the level of services to be provided to the population of the City.

ii) Organisation Review and identify development needs related to the Company’s current

corporate status, management structure, internal and external reporting lines, decision making bodies, and staff employed.

Recommend an institutional set-up that ensures that the Company is incorporated as an autonomous and financially accountable legal entity.

Recommend an efficient organisational structure including an organisation chart with job-description and staff qualifications attached to each position or group of positions, which clearly divides tasks and responsibilities between staff and departments.

Assess the quality of Human Resources (HR) at different levels within the Company. Make an analysis of wage levels and incentives, worker-management relationships, non-discrimination and equal opportunity (including collection and reporting of data on number and percentage of women and men in total staff count as well as across all levels/categories), occupational health and safety, access to professional development, career support services (including for employees with children), procedures for harassment and claim and grievance management in the work place, etc. Propose necessary changes to retain good quality human resources in a sustainable manner and in line with EBRD Performance Requirement 2 (E&S Policy, 2014).

Assess HR policies and practices from a gender perspective and formulate costed and prioritised recommendations with a view to strengthening gender and equal opportunities in the company HR and other relevant policies, increasing the ratio of female to male employees and enhancing career opportunities for both women and men in the company, accompanied by a time-bound equal opportunities plan to institutionalise these recommendations. The recommendations may include revisions of the existing policies and practices to further gender equality and equal opportunities within the company; adoption of gender-sensitive recruitment and retention policies (i.e. including an internship programme, policies to support work-life balance, etc.).

Assess current environmental and health and safety organisation capacity and make recommendations to improve and/or expand such capacities.

Assess labour productivity and make recommendations as necessary. Propose transparent decision making procedures, bodies, specifying compositions

and powers, including a system of delegation of responsibilities and effective internal and external control mechanisms.

Propose suitable governance structure, including decision making processes, Environmental and Social Action Plan (“ESAP”) implementation, public consultation and relationships with the municipalities.

Recommend a personnel development plan, including programmes for recruitment, training, advancement and remuneration. Ensure equal opportunities

4

Page 5: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

for existing personnel and new entrants, men and women alike, to the extent possible in this particular operating environment.

iii) Management Information System Review and analyse the Company’s existing MIS and procedures, including the

extent of automation and computerisation, identifying any immediate shortcomings and development needs.

Recommend a computer-based MIS that would register, monitor and provide key management information across all areas of the Company’s activities, considering, in particular that the system can produce such financial and other information which is required for reporting to third parties (in particular reporting to the EBRD and co-financiers as will be defined in the financing agreements), public authorities and the general public.

Recommend (procure if foreseen in the CDP budget) an information technology strategy which should include hardware and software specifications.

Introduce the approved by the Bank and the Company MIS within 24 months after signing the Loan Agreement for this Project.

MIS should be able to collect sex-disaggregated data as appropriate.

3.1.2 Financial Performance Improvement

i) Revenue Improvement Measures Develop recommendations and calculation methodology for a tariff policy,

including impact of inflation, satisfactory to the EBRD and within the terms stipulated in the Loan Agreement. For the purpose of this task the Consultant shall carry out tariff calculation studies including social analysis (covering gender amongst other pertinent social aspects) to determine the affordability of charges and willingness to pay as well as analyse cross-subsidies and whether this is socially desirable. Follow up work may need to be conducted with representatives of general public, consumers, media etc. Particular consideration should be given to the poorest households.

ii) Accounting, Budgeting and Cash Management Review and analyse the Company’s current accounting systems and budgeting and

financial management practices, and the legal basis relating thereto, identifying any immediate shortcomings and development needs.

Recommend an accounting system, which is in compliance with international (IAS) and local accounting practices and is integrated in the MIS.

Recommend a system for budgeting, with an integrated budget control system (this shall allow to keep the accounts and budget for the project separate from the Company’s operating accounts).

Recommend adequate administrative (authorisation and controls) procedures for cash-management and payments.

Assist the Company in establishing a Maintenance Reserve and Development Account in which excess cash flow can be deposited, which can be used to support debt repayment as well as future investments.

iii) Revenue Collection Procedures Review the existing billing and collection procedures identifying any immediate

shortcomings and development needs.

5

Page 6: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

Develop bill collection procedures, including enforcement measures against late and non-payers that ensure that the Company receives full and timely payments from the waste collection and transportation companies on the basis of the bilateral agreements. The Consultant shall give special attention to measures that increase the cash revenue collection ratio, and present a plan to gradually eliminate the use of non-cash settlements, if available.

Assist the Company in monitoring cash revenue collection ratio maintenance.

3.1.3 Operational Performance Improvement

i) Operational Efficiency Confirm the findings established in the feasibility studies and their updates to

assist the Company in addressing its immediate shortcomings and developmental needs.

Recommend an action-plan necessary for improving the quality and reliability of services and increasing the operational efficiency. The Consultant shall ensure that assets are regularly maintained and replaced. Outsourcing of non-core activities shall be considered.

Work with the Company to assess future needs.

ii) Environmental and Social Management Review the Environmental and Social Analysis and Audit Report, Stakeholder

Engagement Plan (SEP), the E&S Action Plan (ESAP) and the environmental management practices currently in place to have an understanding of the current issues associated with the Project and the Company’s activities;

Review and identify the resource requirements for the implementation of the ESAP and include them in the organisational structure and the budget as needed.

Review the environmental, health and safety management systems/provisions currently in place and recommend and implement short and medium term improvements to bring the systems/provisions/framework towards (or in line with, if possible) the principles of ISO 14001 and OHSAS 18001 and in compliance with local and EBRD E&S requirements. This will involve but will not be limited to:

o Review the purpose, scope, objectives and targets of the management systems/provisions. If a system does not exist, develop an EHS management system/framework for the Company.

o Review flow charts for all Company core business functions and operational processes to include the E&S components as needed.

o Review, update and, where necessary, develop corporate policies, plans and procedures for environmental management and protection, health and safety, human resources, equal opportunities and tariff setting prepared by the PIU consultants.

o Review, update and, where necessary, prepare detailed Work Instructions to support E&S procedures as appropriate.

o Review, update and, where necessary, prepare pro-forma record forms and registers (aspects and permit registers for example) as appropriate.

iii) Public and Customer Relations

6

Page 7: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

Taking into account the Company’s SPP, recommend a public participation and consultation campaign to be carried out in the course of the preparation and implementation of the project. The SPP shall disseminate information about the project, its aims, progress and activities and how it will impact on the public. This will be developed in close co-operation with the City authorities, and making efficient use of various media.

As part of SPP, the Consultant will assist the Company in developing a corporate website and a customer relations improvement plan, including mechanisms for dealing with complaints (grievance mechanism), and on-going information dissemination, targeted at and appropriate for different customer groups. Additionally, as part of reporting to the public, the Company should routinely disclose some information on water quality, who to call if there is a problem, how the customers will be notified of any issues (e.g., the need to boil water), etc.

iv) Promotion of Equal Opportunities in the Work Place In close co-operation with the authorities collect baseline data (numbers of men

and women at different levels, access to training, and working conditions) and assess where improvements might be made.

Development a prioritised plan to support the facilitation of equal opportunities in the work place and provide training where appropriate.

Work with the Company to implement this plan.

3.2 FOPIP Implementation

Following approval by the Company, the City and Oblast s and the EBRD, the Consultant will actively assist the Company to implement the various aspects of the FOPIP. Links with other water and wastewater utilities, which have either acted as a twinning partner for a FOPIP or have implemented a FOPIP of their own, would be a useful way to improve institutional capacity.

To this end the Consultant will inter alia:

Corporate Development Programme Work closely with the Company and the City to finalise the PSC.

Financial Performance Improvement Work closely with the Company to provide support in implementing the measures

identified to improve financial performance. Specifically, the Consultant will assist the Company in developing a tariff calculation methodology ensuring that tariff increases are implemented as agreed in the Loan Agreement as well as ensuring that bill collection procedures are implemented.

Assist the Company to ensure the recommendations identified and agreed to improve accounting, budgeting and cash management are being implemented. As part of this, the Consultant will provide ongoing support to assist the Company in preparing financial statements in accordance with IAS and in implementing any new budget procedures.

Operational Performance Improvement Assist the Company to improve operational efficiency.

7

Page 8: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

Capital Investment Planning Assist the Company in development of systematic routines for short- medium and

long-term planning of prioritised capital investments for improvements of the services and the environmental performance of the utility. A first version of such a rolling investment program should be prepared and presented.

Environmental and Social Management Assist the Company, in co-operation with PIU Consultant, in implementing the

ESAP and environmental and social monitoring plans and putting in place the necessary E&S provisions to appropriately manage E&S issues associated with the Company’s activities.

Assist the Company in preparation of annual Environment, Health and Safety and Social Reports in a format acceptable to the Bank.

Public and Customer Relations Assist the Company in implementing an SPP for the Project.

3.3 Corporate Business Plan

While the FOPIP is seen as an action plan to assist the Company in improving its operations, it should not be seen as the end target for the Company. In the course of implementing the FOPIP, the Consultant should also assist the Company to start to take steps to develop and implement a corporate planning process, which will continue to focus on ongoing corporate, financial and operational improvements and govern further development and transformation of the enterprise to a viable commercial entity. In this regard, the Consultant will help the Company in preparing and adapting a Business Plan, which will cover all aspects of utility management and operations and will not be limited to the areas covered by the FOPIP, but consist and not limited with Project financial model update and forecast for future Company operations.

The first Business Plan is intended to be the start of an annual rolling plan that will evolve with time to reflect changing circumstances, improved information and progress made. To this end, the Consultant will assist the Company to develop procedures and systems to build a corporate planning process into the existing budget and business planning processes. The Consultant will also identify other areas of management, finance and operations that should be considered in future corporate development plans, depending upon the progress made by the Company.

The Business Plan should also include a component, based on the recommendations made under 3.1.3 (ii) to promote and facilitate good practice in the area of Equal Opportunities in work place with the objective of ensuring that men and women have equal access to career opportunities, development and equal treatment.

3.4 Capacity Building Programme

8

Page 9: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

Capacity building of the staff in the Company will be a key part of the Consultant’s work. Throughout the assignment, the Consultant will improve the capacity of the Company’s staff through on-the-job assistance and close collaboration.

In addition, the Consultant will arrange formal training aimed at senior and middle-level managers in all aspects of utility management, so as to enable the Company to implement the FOPIP effectively. In line with the results of the assessment of the HR policies and practices from the gender perspective (section 3.1.1), the Consultant will ensure that to the extent feasible, both men and women benefit from the capacity building programme.

Capacity building of the staff to enable successful implementation the EHS management systems and the Environmental and Social Action Plan shall further be a core objective. To this end, the Consultant, in close cooperation with the Company, will identify key training needs and develop an appropriate training plan. This will be agreed with the EBRD prior to the Project implementation.The Consultant will formulate a list of training programmes continuously necessary to keep the technical and management competency, and assess necessary recourses, and discuss with the Company.

3.5 Audit

The Consultant shall sub-contract a local auditor to carry out IFRS audits for the three financial years of project implementation. The TOR for the audits will be provided separately and the Consultant is not expected to address the audit requirement in the Approach and Methodology for the present assignment. The Consultant is advised to allocate approximately EUR 15,000 for the audits in total (at present an audit is approximately EUR 5,000 per year).

3.6 Development of Social Support Programme

The Consultant shall review the affordability analysis prepared by the initial CDP consultants by testing different scenario for affordability verification. Thereafter the Consultant will develop and implement a social support programme for the low income customers which would include;

- Draft statute on the procedure of subsidizing mechanism from the budget of the City

- Detail criteria for granting subsidies - Detail procedure for the citizen for the application - Procedure for identification of the composition of the applicant’s family - Procedure for determining the subsidy amount - Procedure for calculating the aggregate household income of the subsidy recipient - Calculation of the necessary amount of subsidies budgeted from the City per year

for the next 10 years based on the above criteria.

3.7 Stakeholder Participation Programme (for Water and Solid Waste Sectors)

9

Page 10: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

In order to raise customer awareness and maintain a constructive relationship with stakeholders through education campaigns, on-going information dissemination and effective grievance management, the Consultant will developed and implement a Stakeholder Participation Programme (SPP). The SPP will integrate the Stakeholder Engagement Plan already developed for the Project. The following needs to be considered in the development and implementation of the SPP:

3.7.1. Identification of information needs

The following information needs have been identified to date:

The purpose of the Project. The environmental, technical and economic need for conservation and rational

water use (solid waste management): explanation of the importance of rational and efficient use and conservation.

Cost recovery: an explanation of how water tariffs are linked to quality of service and how they are used to promote conservation and an explanation of the real cost of service.

Health aspects: examples of good and bad hygienic practice and increase local understanding of the dangers of diseases (for water and solid waste sectors).

Participatory mechanisms: explanation of how each user has individual responsibility for sustainable and equitable access to water for everyone and water saving in general, and provide water users with the opportunity to engage meaningfully with the Company regarding their needs and concerns.

Before starting the information campaign, the Consultant shall in consultation local NGOs and any other stakeholders deemed necessary, verify and, if necessary, complement this list. It should be borne in mind that not all groups of the population may have the same information needs and that the target audiences will have to be defined by the Consultant addressing all population groups.

3.7.2. Stakeholders

The SPP will target a broad and diverse stakeholder base including females. Stakeholders include the public and communal services users.

3.7.3. Information campaign

The information campaign will be conducted via various media channels. The Consultant will have to select the appropriate communication means for each topic and target audience based on his/her experience in the field. Awareness raising campaigns and schedules should accommodate the needs of all stakeholders who might potentially be interested to attend. The Consultant will develop a method to measure the impact and success of the awareness. Based on the intermediate results, the campaign shall be adjusted if necessary.

3.7.4. Creation of and support to Water User Committees (“WUCs”) – for Water and Wastewater projects only

10

Page 11: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

WUCs will be set up at the level of neighbourhood associations. The Consultant will help the neighbourhood associations to create and mobilise the WUCs. An information campaign about the importance and planned roles of the WUCs will be followed by meetings with the communities from each neighbourhood association. In particular, the Consultant shall strongly encourage the neighbourhood association to ensure an equitable representation of all population groups (in particular women) on the WUCs. Women are often absent from WUCs. The Consultant will be expected to review the membership criteria to WUCs and its decision-making procedures, whether certain sociocultural barriers exist, which prohibit people to voice women’s opinion and needs, task allocation within the WUCs between men and women, the organisational arrangements of WUCs meetings, specifically whether meetings take place at a time convenient for both men and women, and provide suggestions to promote women’s active involvement in WUCs, as appropriate. Furthermore, the Consultant will assist the WUCs with training and provision of material. The training needs to be gender-sensitive and designed and delivered in a way that reaches both male and female users/WUCs members. The main tasks of the WUCs will comprise:

Gathering concerns and complaints of their area’s private household clients and ensure that they are forwarded to Company and/or the City (e.g. quality of service, affordability of tariffs);

Representing the clients in the consultation process carried out by the Company and the local authorities on issues related to water provision (e.g. programming of rehabilitation measures, introduction of water meters, tariff changes);

Assist the Company with the dissemination of information to the clients (e.g. regarding construction works, installation and treatment of meters, water cuts and shortages).

The various WUCs will meet monthly to share information and co-ordinate and consolidate their position on a citywide basis in a Forum of Water User Committees (“FoWUC”). This Forum will also be facilitated by the Consultant. The Forum will decide who represents the WUCs in the Advisory Committee (see Section 3.7.5).

The Company will be encouraged to participate in the FoWUC, which will expose them to the importance of consumer participation in decision-making and problem-identification in order to have a successful and sustainable water supply system. Existing activities of the Company in the field of information dissemination carried out by the controllers shall be integrated in the SPP.

3.7.5. Creation of an Advisory Committee comprising all major stakeholders

The Consultant will establish an Advisory Committee in the City, which will meet every three months and which includes all client groups i.e. WUC representatives, local industry and local authorities. The Advisory Committee will discuss any water supply issue that may arise with the Company and the City. To the extent feasible, the Consultant will ensure that both men and women are represented in the Advisory Committee.

Among the key questions that will be discussed will be price setting, infrastructure maintenance, consumer complaints, affordability of tariffs and social hardship caused

11

Page 12: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

by tariff reforms. The WUC representatives will play a key role in ensuring that the views and concerns of all population groups, balancing gender, age, class, ethnicity and other critical dimensions, are fully represented and taken into account in the consultation process. It is expected that the WUC representatives will play a prominent role in the Advisory Committee since the other stakeholders may have a limited interest or other channels of communication via the City (local authorities). The Consultant will facilitate the meetings of the Advisory Committee and participate in an observer role.

3.7.6. Transparency in decision-making

The media will be encouraged to participate in all Forums of WUCs and Advisory Committee meetings. Minutes of the meetings will be distributed to consumers and other stakeholders (WUCs, industries, the Company, media, local authorities).

3.7.7. Sustainability of dialogue

The Consultant shall select an approach, which will ensure that the dialogue continues after the termination of this mandate. This will certainly include identification and training of the stakeholder(-s) taking over the tasks initially carried out by the Consultant, such as facilitation of meetings.

3.7.8. Effective grievance mechanism

For efficient feedback to company management and addressing of public and/or customer grievances, the Consultant will establish and manage an appropriate system for handling grievances.

3.8 Training

An essential element of the Consultant’s work is training of the Company staff to ensure effective project implementation as well as to improve capacity in finance administration and management. While most of this shall be done on the job in direct daily contact with the Company’s team, the Consultant will also plan and propose to carry out formal training programme for the staff of the of the City involved in the municipal services sector. This would be to strengthen the capacity of the ’s departments in reforming the sector.

Defining training needs, planning and arranging for staff training will be a co-operative task between the Consultant and the Company, and the nature, cost and timing of this training shall be agreed within 2 months from the start of the assignment. The Company shall make relevant staff members available for the training arranged by the Consultant.

In preparing the training schedule, the Consultant shall bear in mind that Company staff generally do not speak English. Many of the concepts in use in international finance procedures will be new and will need to be explained carefully. Care will be required to orient the training to realistic standards and procedures that can be

12

Page 13: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

introduced within the present organisations without causing unacceptable upheaval and changes.

4. IMPLEMENTATION, TIMETABLE AND DELIVERABLES

4.1 Timetable

The Framework Assignment will have a total duration of 4 years and is due to commence in Q3 2017, with a level of work allocated to the Consultant depending on the work levels and the success of the Consultant in winning the secondary competitions for specific individual assignments.

It is envisaged that each individual assignment will last for 3 years and will require ongoing Consultant support and interaction with the Company.

4.2 Deliverables

While the ultimate responsibility for meeting performance related covenants included in the finance documents rests with the Company, the Consultant will be expected, on a best effort basis, to ensure that the Company meet the targets for financial and operational improvements, which are as follows:

Key deliverables for the assignment are set forth below.

Deliverable Draft Submitted

Comments supplied/Negotiations

Final Submitted

Monitoring Template for Covenant Reporting

+6 weeks +7 weeks +8 weeks

Review of the tariff calculation methodology and propose how Tariff TC Consultant recommendations could be implemented to secure cost recovery within affordability constrains

+8 weeks +10 weeks +12 weeks

Diagnostic report +6 weeks +8  weeks +10 weeks

Workshop 1 – Discussion of Diagnostic report

+8 weeks

Draft of PSC (incl. set of KPIs) +10  weeks

+12-16 weeks +20 weeks

Draft of FOPIP +10 weeks +12-16 weeks +20 weeks

Draft of Corporate Development Plan (incl. Business Plan)

+10 weeks +12-16 weeks +20 weeks

Draft of MIS +10 weeks +12-16 weeks +20 weeks

13

Page 14: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

Draft of Capacity Building Programme +10 weeks +12-16 weeks +20 weeks

Draft of Stakeholder Participation Programme

+10 weeks +12-16 weeks +20 weeks

Review of the environmental, health and safety management systems currently in place and draft of ESAP

+10 weeks +12-16 weeks +20 weeks

Workshop 2 – PSC, FOPIP and CDP + 12 weeks

Final version of PSC (incl. set of KPIs) +20 weeks +22  weeks +24  weeks

Final version of FOPIP +20 weeks +22  weeks +24  weeks

Preparation and submission of IFRS reports for the financial years 2018, 2019 and 2020.Final version of Corporate Development Plan (incl. Business Plan)

+20 weeks +22  weeks +24  weeks

Final version of MIS +20 weeks +22  weeks +24  weeks

Final version of Capacity Building Programme

+20 weeks +22  weeks +24  weeks

Final version of Stakeholder Participation Programme

+20 weeks +22  weeks +24  weeks

Final version of ESAP +20 weeks +22  weeks +24  weeks

Semi-annual report +24  weeks

+26 weeks +28 weeks

Support into implementationPSC is signed between Company and City

+52 weeks

FOPIP is implemented +60 weeks

CDP is adopted +52 weeks

MIS is adopted +60 weeks

Capacity Building Program is adopted +52 weeks

Stakeholder Participation Programme is implementedSocial Support Programme is implemented

+80 weeks+80 weeks

ESAP is implementedAudit of financial statements is

+52 weeks

14

Page 15: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

implemented Annually (for 3 years)

Workshop 3 – Implementation (if required)

+52 weeks

Final report +90 weeks

In addition to the timetable set forth above, the Consultant will need to prepare deliverable relating to the assignment as a whole.

The following reporting requirements apply to the assignments generally: Within four weeks after signing of the Consultancy Contract, the Consultant will

prepare an Inception Report. This shall include: (i) a summary of the initial findings and assessment regarding any unexpected problems of staffing, access to information, provision of counter-party assistance; and (ii) provide recommendations, if needed, on amendments to the scope of work under this assignment or proposals for other initiatives.

After the Inception Report, the Consultant will submit a Quarterly Progress Report covering activities during the reporting period. This report will set out the following: (i) progress on each sub-assignment and task defined in the Work Plan; (ii) budget and schedule performance as measured against the Work Plan; (iii) commentary on any issues or problems encountered or expected; (iv) progress in training and skills transfer (with gender-disaggregated data where relevant), including summary of any training programmes and training documents; and (v) ESAP status update, and (vi) recommendations for any changes or amendments to the Work Plan or assignment scope.

Ad hoc reporting, if needed, of any circumstances that may lead to delays or inability to fulfil objectives of this assignment. The causes shall be explained and remedial action proposed.

At the end of the assignment, the Consultant will submit a Final/Project Completion Report. This will: (i) provide an overview of the overall assignment; (ii) summarise the results of each task, providing a comparison between targets set and actual achievements; (iii) offer a commentary on lessons learned; and (iv) provide recommendations, as appropriate, on future investment and institutional strengthening initiatives.

The Consultant shall prepare four hard copies of all reports and deliverables in Russian language and four hard copies in English language which shall be delivered as follows:

Company: 2 copies Russian; 2 copies English;Bank: 2 copies Russian; 2 copies English.

In addition to the hard copies, the reports shall be provided electronically in Microsoft Word and Excel or PDF formats to all parties.

15

Page 16: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

The Consultant will work closely with the Company. The Consultant shall provide to the Company all such technical support, training and system development that is necessary or advisable in order to achieve the objectives of this assignment.

The Company will provide the Consultant’s team with suitable working space and meetings space. The Company will be responsible for arranging local telephones and for providing international telephone and Internet connections for the Consultant.

The draft findings from the assignment will be discussed with the Company, the City and the EBRD during meetings and seminars.

The Company will also provide access to all relevant information, maps, studies, models, legal documents etc. at no cost to the Consultant. The Company will deliver their materials in the original version (i.e. not necessarily in English).

The Consultant will be responsible for the costs of international and local telephone calls, and for the provision of computer and office equipment, office supplies and maintenance, and local transportation required by the Consultant’s staff throughout the term of the assignment. The Consultant can include in his budget an amount for the procurement of equipment and related software, which can be used only after prior agreement with the Bank.

The Consultant will additionally be responsible for all international and local transport, living accommodation and expenses for its staff, together with communications materials, training materials, printing, report production and translation.

Selection of consultant and contract award for of individual assignments (Individual Assignments)

In accordance with the Bank’s Procurement Policies and Rules (PP&R), for each specific assignment over EUR 75,000, a secondary competition based on technical and financial criteria will be undertaken by the Beneficiary. The Consultants will be expected to respond to the Request for Proposal for each individual assignment within 3 weeks. The selection process for each specific Assignment is expected to be concluded within 6 weeks from the launch of the Request for Proposals documents. The timetable may be extended, depending on the complexity of the Assignment.

The payment terms for all individual assignments under the CDP TC Framework will be standardised and will be paid as a lump sum linked to the achievement of the milestones and deliverables.

5. CONSULTANT PROFILE

The Consultant should ensure that appropriately qualified experts are available, as required, for each of the different tasks outlined above. It is expected that the assignment will be led by a qualified project manager with international experience in municipal water management sector and in implementing the key areas of this assignment, accompanied by both key and supporting experts.

16

Page 17: INSTRUCTIONS FOR DRAFTING: Amend all text in [ ] …€¦  · Web viewPropose transparent decision making ... for short- medium and long-term planning of prioritised capital investments

The Consultant Team should comprise at least the following expertise, and some individuals may fulfil more than one role:

Category Qualification requirements1. Key Senior (Water and

Wastewater,/Solid Waste) Engineering Experts

Expert with preferably 10 years of previous professional experience in providing of consultancy support in the municipal water and wastewater, solid waste, public transport sectors in countries with comparable conditions to The Countries of Operations . Knowledge of KPI for water/waste water utilities is essential.

2. Key Senior Business Development, Accounting and Financial Expert

Expert with preferably 10 years of previous professional experience in providing business development, accounting and financial advisory services, including to public utilities, in countries with comparable conditions to The Countries of Operations .

3. Team Leader Team leader with preferably 10 years of international and local previous professional experience in providing consultancy support in complex assignment of the similar nature and scale. Team Leader is expected to be involved in all secondary assignment.

4. Key Senior Regulatory and Tariff Expert

Expert with preferably 10 years of previous professional experience in tariff regulation in water/waste water, solid waste sectors in countries with comparable conditions to The Countries of Operations.

5. Key Senior Environmental and Social Expert

Expert with preferably 10 years or more of previous professional experience in the successful implementation of comparable assignments and with demonstrated knowledge of the environmental and social standards of the EBRD or other comparable institutions, including demonstrable gender and stakeholder engagement expertise.

6. Key SPP experts Expert with preferably 5 years or more of previous professional experience in the successful implementation of comparable assignments in similar region

7. Key Senior Legal Expert

Expert with preferably 10 years knowledge of local legislation, experience of developing Public Service Contracts, and possibly policy and legal drafting and advisory expertise in working with countries from the region; Understanding of Countries legislation is essential. CV shall demonstrate experience with Public Service Contracts, Performance Based Management Contracts drafting and implementation.

17