DRAFT

Trinidad and Tobago

Local Government Reform

and Decentralization Programme

LG:No.1.2 of 2004

REQUEST FOR PROPOSALS

Re the Provision of Consultancy Services to Assist the Government of the Republic of Trinidad and Tobago in

Determining the Type of Functions and Responsibilities to be Decentralized to Local Government Bodies/Municipal Corporations and Design Central and Local Institutional

Profiles Consistent with such Decentralized Functions and Responsibilities: Local Government Reform and

Decentralization Programme

CONTENTS Section 1. Letter of Invitation ……………………………………………… 3 Section 2. Information to Consultants ……………………………………… 5 Data Sheet ………………………………………………………. 17 Section 3. Technical Proposal – Standard Forms ………………………….. 23 Section 4. Financial proposal – Standard Forms …………………………… 34 Section 5. Terms of Reference …………………………………………….. 38 Section 6. Standard Forms of Contract ……………………………………. 46 Annex: Annex: Consultants’ Services: Lump-Sum Remuneration

2

Section 1. Letter of Invitation

Trinidad and Tobago (Date)

Dear 1. The Government of the Republic of Trinidad and Tobago has embarked on a Local Government Reform and Decentralization programme aimed at affording Local Government Bodies greater autonomy and making the Local Government system more efficient and effective as well as promoting greater citizens participation in Local Government affairs. 2. In the executing this Local Government Reform and Decentralization Programme grant funding may be obtained from the United Nations Development programme (UNDP). The Ministry of Local Government now invites proposals to provide consultancy services to assist the Government of the Republic of Trinidad and Tobago in determining the type of functions and responsibilities to be decentralized to Local Government Bodies/Municipal Corporations and design control and Local Institutional Profiles consistent with such decentralized functions and responsibilities: Local Government Reform and Decentralization Programme. More details on the services are provided in the attached Terms of Reference. 3. The Request for Proposals (RFP) has been addressed to the following shortlisted consultants: [insert: List of Shortlisted Consultants] 4. A firm will be selected under Quality and Cost Based Assessment (QCBS) and procedures described in this RFP. 5. The RFP includes the following documents: Section 1 - Letter of Invitation Section 2 - Information to Consultants Section 3 - Technical Proposal – Standard Forms Section 4 - Financial Proposal – Standard Forms Section 5 - Terms of Reference Section 6 - Standard Forms of Contract

3

6. Any further information can be obtained from (name, position, telephone No. Fax) at the Ministry of Local Government, Kent House, Maraval. 7. One (1) original and five (5) copies of your Technical and Financial proposals must be submitted in two (2) separately sealed envelopes, clearly marked:-

“Consultancy Services to assist the Government of the Republic of Trinidad and Tobago in attaining its Local Government Reform and Decentralization Programme – LG. No. 1.2 of 2004”

8. Envelopes must be addressed to:- The Permanent Secretary Ministry of Local Government Kent House Maraval Republic of Trinidad and Tobago and must be deposited in the WHITE Tenders Box located in the lobby of the office of the Administrative Officer IV, General Administration, Ministry of Local Government not later than 1:00 p.m. on , 2004. 9. Technical proposals will be opened shortly after closing, in the presence of interested parties. 10. Late proposals will not be accepted. 11. The cost of preparing the proposals and negotiating the contract are not reimbursable as a direct cost of the consultancy and the Permanent Secretary is not bound to accept any bid submitted. Yours respectfully Permanent Secretary Ministry of Local Government Kent House Maraval

Republic of Trinidad and Tobago

4

Section 2. Information to Consultants’ 1. Introduction 1.1 The Client named in the Data Sheet will select a

firm among those listed in the Letter of Invitation, in accordance with the method of selection specified in the Data Sheet and detailed in the edition of the Guidelines indicated in the Data Sheet.

1.2 The consultants are invited to submit a Technical

Proposal and a Financial Proposal, as specified in the Data Sheet for consulting services required for the assignment named in the Data Sheet. The proposals will be the basis for contract negotiations and ultimately for a signed contract with the selected firm.

1.3 The assignment shall be implemented in accordance

with the phasing indicated in the Data Sheet. When the assignment includes several phases, the performance of the consultant under each phase must be to the Client’s satisfaction before work begins on the next phase.

1.4 The consultants must familiarize themselves with

local conditions and take them into account in preparing their proposals. To obtain firsthand information on the assignment and on the local conditions, consultants are encouraged to visit the Client before submitting proposal.

1.5 The Client will provide the inputs specified in the

Data Sheet, assist the firm in obtaining licenses and permits needed to carry out the services, and make available relevant project data and reports.

1.6 Please note that (i) the costs of preparing the

proposal and of negotiating the contract, including a visit to the Client, are not reimbursable as a direct cost of the assignment; and (ii) the Client is not bound to accept any of the proposals submitted.

1.7 The Government of the Republic of Trinidad and

Tobago (GORTT) policy requires that consultants provide professional, objective, and impartial

5

advice and at all times hold the Client’s interests paramount, without any consideration for future work, and strictly avoid conflicts with other assignments or their own corporate interests. Consultants shall not be hired for any assignment that would be in conflict with their prior or current obligations to other Client’s, or that may place them in a position of not being able to carry out their prior or current obligations to other Client’s, or that may place them in a position of not being able to carry out the assignment in the best interest of the Client.

1.7.1 Without limitation on the generality of this rule, consultants shall not be hired under the circumstances set forth below:

a. A firm which has been engaged by the Client to provide goods or works for a project, and any of their affiliates, shall be disqualified form providing consulting services for the same project. Conversely, firms hired to provide consulting services for the preparation or implementation of a project, and any of their affiliates, shall be disqualified from subsequently providing goods or works or services related to the initial assignment (other than a continuation of the firm’s earlier consulting services) for the same project.

b. Consultants or any of their affiliates shall not be

hired for any assignment, which by its nature, may be in conflict with another assignment of the consultants.

1.7.2 As pointed out in para. 1.7.1 (a) above, consultants may be hired for downstream work, when continuity is essential, in which case this possibility shall be indicated in the Data Sheet and the factors used for the selection of the consultant should take the likelihood of continuation into account. It will be the exclusive decision of the Client whether or not to have the downstream assignment carried out, and if it is carried out, which consultant will be hired for the purpose. 1.7.3 Any previous or ongoing participation in relation to the assignment by the firm, its professional staff, or its

6

affiliates or associates under a contract with the Government of the Republic of Trinidad and Tobago (GORTT), Ministry of Local Government may result in rejection of the proposals. Consultants should clarify their situation in that respect with the Client before preparing the proposals. 1.8 It is the GORTT’s policy to require consultants contracted by it, observe the highest standard of ethics during the selection and execution of such contracts. In pursuance of this policy, the GORTT: (a) defines, for the purposes of this provision, the terms

set forth below as follows:

(i) “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to influence the action of a public official in the selection process or in contract execution; and

(ii) “fraudulent practice” means a

misrepresentation of facts in order to influence a selection process or the execution of a contract to the detriment of the GORTT (or the UNDP as the case maybe) and includes collusive practices among consultants (prior to or after submission of proposals) designed to establish prices at artificial, noncompetitive levels and to deprive the GORTT of the benefits of free and open competition.

(b) will reject a proposal for award if it determines that

the firm recommended for award has engaged in corrupt or fraudulent activities in competing for the contract in question;

(c) will cancel the contract if it at anytime determines

that corrupt or fraudulent practices were engaged by representatives of the GORTT or Client or any beneficiary of the contract during the selection process or execution of the contract without (or UNDP if applicable) the client having taken timely and appropriate action satisfactory to the GORTT.

7

(d) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a GORTT (or UNDP) financed contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a GORTT (or UNDP) financed contract; and

(e) will have the right to require that, in contracts

financed by the GORTT (or UNDP) a provision be included requiring consultants to permit the client (or UNDP) to inspect their accounts and records relating to the performance of the contract and to have them audited by auditors appointed by the GORTT or Client.

1.9 Consultants shall furnish information as described in the Financial Proposal submission form (Section 4A) on commissions and gratuities, if any, paid or to be paid to agents relating to this proposal, and to execute the work if the firm is awarded the contract. 1.10 Consultants shall be aware of the provisions on fraud and corruption stated in the Standard Contract under the clauses indicated in the Data Sheet.

2. Clarification 2.1 Consultants may request a clarification of any of the and RFP documents up to the number of days indicated in the Amendment of Data Sheet before the proposal submission date. Any RFP Documents request for clarification must be sent in writing by

papermail, cable, telex, facsimile, or electronic mail to the Client’s address indicated in the Data Sheet. The Client will respond by cable, telex, facsimile, or electronic mail to such requests and will send written copies of the response (including an explanation of the query but without identifying the source of inquiry) to all invited consultants who intend to submit proposals.

2.2 At any time before the submission of proposals, the

Client may, for any reason, whether at its own initiative or in response to a clarification requested by an invited firm, amend the RFP. Any amendment shall be issued in writing through addenda. Addenda shall be sent by mail, cable, telex, facsimile, or electronic mail to all invited consultants and will be binding on them. The Client may at its

8

discretion extend the deadline for the submission of proposals.

3. Preparation of 3.1 Consultants are requested to submit proposals (para. Proposal 1.2 in the English Language. Technical 3.2 In preparing the Technical Proposal, consultants are Proposal expected to examine the documents constituting this RFP in

detail. Material deficiencies in providing the information requested may result in rejection of a proposal.

3.3 While preparing the Technical Proposal, consultants must give particular attention to the following.

(i) If a consultant considers that it does not have all the expertise for the assignment, it may obtain a full range of expertise by associating with individual consultant(s) and/or other consultants or entities in a joint venture or subconsultancy, as appropriate. Consultants may associate with the other consultants invited for this assignment only with approval of the Client as indicated in the Data Sheet. Consultants must obtain the approval of the Client to enter into a joint venture with consultants not invited for this assignment. The consultants are encouraged to seek the participation of local consultants by entering into a joint venture with, or subcontracting part of the assignment to, national consultants.

(ii) For assignments on a staff-time basis, the

estimated number of professional staff-months is given in the Data Sheet. The proposal shall, however, be based on the number of professional staff-months estimated by the firm.

(iii) It is desirable that the majority of the key

professional staff proposed be permanent employees of the firm or have an extended and stable working relationship with it.

(iv) Proposed professional staff must, at a

minimum, have the experience indicated in

9

the Data Sheet, preferably working under conditions similar to those prevailing in the country of the assignment.

(v) Alternative professional staff shall not be

proposed, and only one curriculum vitae (CV) may be submitted for each position.

(vi) Reports to be issued by the consultants as

part of this assignment must be in the English language. It is desirable that the firm’s personnel have a working knowledge of the English Language.

3.4 The Technical Proposal shall provide the following information using the attached Standard Forms (Section 3):

(i) A brief description of the firm’s

organization and an outline of recent experience on assignments (Section 3B) of a similar nature. For each assignment, the outline should indicate, inter alia, the profiles of the staff proposed, duration of the assignment, contract amount, and firm’s involvement.

(ii) Any comments or suggestions on the Terms

of Reference and on the data, a list of services, and facilities to be provided by the Client (Section 3C)

(iii) A description of the methodology and work

plan for performing the assignment (Section 3D).

(iv) The list of the proposed staff team by

specialty, the tasks that would be assigned to each staff team member, and their timing (Section 3E).

(v) CVs recently signed by the proposed

professional staff and the authorized representative submitting the proposal (Section 3F). Key information should include number of years working for the firm/entity and degree of responsibility held

10

in various assignments during the last five (5) to ten (10) years.

(vi) Estimates of the total staff input

(professional and support staff; staff time) needed to carry out the assignment, supported by bar chart diagrams showing the time proposed for each professional staff team member (Sections 3E and 3G).

(vii) A detailed description of the proposed

methodology and staffing.

(viii) Any additional information requested in the Data Sheet.

3.5 The Technical Proposal shall not include any

financial information. Financial Proposal 3.6 In preparing the Financial Proposal, consultants are

expected to take into account the requirements and conditions outlined in the RFP documents. The Financial Proposal should follow Standard Forms (Section 4). It lists all costs associated with the assignment, including (a) remuneration for staff (foreign and local, in the field and at headquarters), and (b) reimbursable expenses such as subsistence (per diem, housing), transportation (international and local, for mobilization and demobilization), services and equipment (vehicles, office equipment, furniture, and supplies), office rent, insurance, printing of documents, surveys, and training, if it is a major component of the assignment. These costs should be broken down by activity and, if appropriate, into foreign and local expenditures.

3.7 The Financial Proposal should clearly estimate, as a

separate amount, the local taxes (including social security), duties, fees, levies and other charges imposed under the applicable law, on the consultants, the subconsultants, and their personnel (other than nationals or permanent residents of the government’s country), unless the Data Sheet specifies otherwise.

3.8 Consultants may express the price of their services in any currency approved by the Central Bank of the GORTT. The consultants may not use more than three

11

foreign currencies. The Client may require consultants to state the portion of their price representing local cost in the national currency if so indicated in the Data Sheet.

3.9 Commissions and gratuities, if any, paid or to be paid by consultants and related to the assignment will be listed in the Financial Proposal submission form (Section 4A). 3.10 The Data Sheet indicates how long the proposals must remain valid after the submission date. During this period, the consultant is expected to keep available the professional staff proposed for the assignment. The Client will make its best effort to complete negotiations within this period. If the Client wishes to extend the validity period of the proposals, the consultants who do not agree have the right not to extend the validity of their proposals.

4. Submission, 4.1 The original proposal (Technical Proposal and, Receipt, and Financial Proposal; (see para. 1.2) shall be prepared in Opening of indelible ink. It shall contain no interlineations or Proposals overwriting, except as necessary to correct errors made by

the firm itself. Any such corrections must be initiated by the persons or person who sign(s) the proposals.

4.2 An authorized representative of the firm initials all

pages of the proposal. The representative’s authorization is confirmed by a written power of attorney accompanying the proposal.

4.3 For each proposal, the consultants shall prepare the number of copies indicated in the Data Sheet. Each Technical a Proposal and Financial Proposal shall be marked “ORIGINAL” or “COPY” as appropriate. If there are any discrepancies between the original and the copies of the proposal, the original governs. 4.4 The original and all copies of the Technical Proposal shall be placed in a sealed envelope clearly marked “Technical Proposal,” and the original and all copies of the Financial Proposal in a sealed envelope clearly marked “FINANCIAL PROPOSAL” and warning: “DO NOT OPEN WITH THE TECHNICAL PROPOSAL.” Both envelopes shall be placed into an outer envelope and sealed. This outer envelope shall bear the

12

submission address and other information indicated in the Data Sheet. 4.5 The completed Technical and Financial Proposals must be delivered at the submission address on or before the time and date stated in the Data Sheet. Any proposal received after the closing time for submission of proposals shall be returned unopened. 4.6 After the deadline for submission of proposals, the Technical Proposal shall be opened immediately by the representative of the Permanent Secretary, Ministry of Local Government. The Financial Proposal shall remain sealed and deposited with a respectable public auditor or independent authority until all submitted proposals are opened publicly.

5. Proposal Evaluation General 5.1 From the time the bids are opened to the time the

contract is awarded, if any consultant wishes to contact the Client on any matter related to its proposal, it should do so in writing at the address indicated in the Data Sheet. Any effort by the firm to influence the Client in the Client’s proposal evaluation, proposal comparison or contract award decisions may result in the rejection of the consultant’s proposal.

5.2 Evaluators of Technical Proposals shall have no

access to the Financial Proposals until the technical evaluation, including any review or no objection by the UNDP if applicable is concluded.

Evaluation 5.3 The Evaluation Committee, appointed by the of Technical Permanent Secretary, Ministry of Local Government as a Proposals whole and each of its members individually, evaluates the

proposals on the basis of their responsiveness to the Terms of Reference, applying the evaluation criteria, subcriteria (typically not more than three per criteria), and point system specified in the Data Sheet. Each responsive proposal will be given a technical score (St). A proposal shall be rejected by the Permanent Secretry on the advice of the Evaluation Committee at this stage if it does not respond to important aspects of the Terms of Reference or if it fails to achieve the minimum technical score indicated in the Data Sheet.

13

Public Opening 5.4 After the evaluation of quality is completed, the and Evaluation Permanent Secretary shall notify those consultants whose

of Financial proposals did not meet the minimum qualifying mark or Proposals: were considered nonresponsive to the RFP and Terms of Ranking (QCBS Reference, indicating that their Financial Proposals will be Fixed – Budget returned unopened after completing the selection process. and Least – Cost The Permanent Secretary shall simultaneously notify the Selection Methods consultants that have secured the minimum qualifying

Only) mark, indicating the date and time set for opening the Financial Proposals. The opening date shall not be sooner than two weeks after the notification date. The notification may be sent by registered letter, cable, telex, facsimile, or electronic mail.

5.5 The Financial Proposals shall be opened publicly in the presence of the consultants’ representatives who choose to attend. The name of the consultant, the quality scores, and the proposed prices shall be read aloud and recorded when the Financial Proposals are opened. The Permanent Secretary shall prepare minutes of the public opening. 5.6 The Evaluation Committee will determine whether the Financial Proposals are complete (i.e., whether they have costed all items of the corresponding Technical Proposals; if not, the Permanent Secretary will cost them and add their cost to the initial price), correct any computational errors, and convert prices in various currencies to the single currency specified in the Data Sheet. The official selling rates used, provided by the source indicated in the Data Sheet, will be those in effect on the date indicated in the Data Sheet. The evaluation shall exclude those taxes, duties, fees, levies, and other charges imposed under the applicable law; and to be applied to foreign and non-permanent resident consultants (and to be paid under the contract, unless the consultant is exempted), and estimated as per para. 3.7 5.7 In case of QCBS, the lowest Financial Proposal (Fm) will be given a financial score (Sf) of 100 points. The financial scores (Sf) of the other Financial Proposals will be computed as indicated in the Data Sheet. Proposals will be ranked according to their combined technical (St) and financial (Sf) scores using the weights (T = the weight given to the Technical Proposal; P = the weight given to the Financial Proposal;

14

T + P = 1) indicated in the Data Sheet: S = St x T% + Sf x P%. The firm achieving the highest combined technical and financial score will be invited for negotiations.

6. Negotiations 6.1 Negotiations will be held at the address indicated in the Data Sheet. The aim is to reach agreement on all points and sign a contract.

6.2 Negotiations will include a discussion of the

Technical Proposal, the proposed methodology (work plan), staffing and any suggestions made by the firm to improve the Terms of Reference. The Client and firm will then work out final Terms of Reference, staffing, and bar charts indicating activities, staff, periods in the field and in the home office, staff-months, logistics, and reporting. The agreed work plan and final Terms of Reference will then be incorporated in the “Description of Services” and form part of the contract. Special attention will be paid to getting the most the firm can offer within the available budget and to clearly defining the inputs required from the Client to ensure satisfactory implementation of the assignment.

6.3 The financial negotiations will include a

clarification (if any) of the firm’s tax liability in the Client’s country, and the manner in which it will be reflected in the contract; and will reflect the agreed technical modifications in the cost of the services. Unless there are exceptional reasons, the financial negotiations will involve neither the remuneration rates for staff (no breakdown of fees) nor other proposed unit rates in the cases of QCBS, Fixed-Budget Selection, and the Least-Cost Selection methods. For other methods, the firm will provide consultants with the information on remuneration rates described in the Appendix to this information.

6.4 Having selected the firm on the basis of, among other things, an evaluation of proposed key professional staff; the Client expects to negotiate a contract on the basis of the experts named in the proposal. Before contract negotiations, the Client will require assurances that the experts will be actually available. The Client will not consider substitutions during contract negotiations unless both parties agree that undue delay in the selection process makes such substitution unavoidable or that such changes are critical to meet the objectives of the assignment. If this

15

is not the case and if it is established that the key staff were offered in the proposal without confirming their availability, the firm may be disqualified.

6.5 The negotiations will conclude with a review of the draft form of the contract. To complete negotiations the Client and the firm will initial the agreed contract. If negotiations fail, the Permanent Secretary will invite the firm whose proposal received the second highest score to negotiate a Contract.

7. Award of Contract 7.1 The contract will be awarded following negotiations. After negotiations are completed, the Permanent Secretary will promptly notify other consultants on the shortlist that they were unsuccessful and return the unopened Financial Proposals of those consultants who did not pass the technical evaluation (para. 5.3).

7.2 The firm is expected to commence the assignment on the date and at the location specified in the Data Sheet.

8. Confidentiality 8.1 Information relating to evaluation of proposals and

recommendations concerning awards shall not be disclosed to the consultants who submitted the proposals or to other persons not officially concerned with the process, until the winning firm has been notified that it has been awarded the contract.

16

Information to Consultants

DATA SHEET

Clause Reference

1.1 1.2

The name of the Client is: Ministry of Local Government, Trinidad and Tobago The method of selection is: Quality and Cost Based Selection (QCBS) The guidelines have been adapted from the World Bank guidelines for the selection and employment of consultants 2002

1.3 The assignment is phased: No

1.4 A pre-proposal conference will be held: No The name, address, and telephone numbers of the Client’s official are: Mr. Terrance Jurawan Permanent Secretary Ministry of Local Government Kent House Maraval Trinidad West Indies Telephone No. (868) 628-1426 Fax No. (868) 622-7410

17

1.7.2 The Client envisages the need for continuity for downstream work: No

1.11 The clauses on fraud and corruption in the Contract are: 5(b) of the General Conditions of Contract

2.1 Clarifications may be requested fourteen (14) days before the submission date. The address for requesting clarifications is: Mr. Terrance Jurawan Permanent Secretary Ministry of Local Government Kent House Maraval Republic of Trinidad and Tobago Telephone No. (868) 628-1426 Fax No. (868) 622-7410

3.1 Proposals should be submitted in the following language: English

3.3 i) Shortlisted firm/entity may associate with other shortlisted firm: Yes

ii) The estimated number of professional staff-months required for the

assignment is: 1-2 iii) The minimum required experience of proposed professional staff

is: Team Leader – Five (5) to Ten (10) years experience in managing Local Government Reform projects with emphasis on Local Government Legal and Regulatory framework, decentralization profiling in the context of organization restructuring and redesigning and operational analysis. Significant experience in analyzing Local Government legal and regulatory framework and institutional structure and providing recommendations concerning decentralized administration and institutional profiles. At least five (5) years experience working with Local Government Administration in developing countries and demonstrated ability to analyze the impact of global trends and domestic development on operations and best practices of Local Government institutions. Organizational Development Specialist – Five (5) to Ten (10) years experience in designing decentralization institutional profiles suitable to the development focus of developing countries. Ability to evaluate the efficiency and effectiveness of institutional structures and systems in attaining organizational goals. Experience in recommending appropriate institutional structures and organizational profiles that would facilitate efficient and effective management and citizens participation and involvement in Local Government policy formulation and decision-making.

18

iv) Reports that are part of the assignment must be written in the following language: English

3.4 i) Training is a specific component of this assignment: No ii) Additional information in the Technical Proposal includes: N/A

3.7 Taxes: Details are at Clause 11.2 – status of consultant in the standard contract

3.8 Consultants to state local cost in the national currency: No 3.10 Proposals must remain valid 90 days, after the submission date 4.3 Consultants must submit an original and five (5) additional copies of each

proposal 4.4 The proposal submission address is:

The Permanent Secretary Ministry of Local Government Kent House Maraval Republic of Trinidad and Tobago Telephone No: (868) 628-1426 Fax No: (868) 622-7410 Information on the outer envelope should include: “Consultancy Services for Trinidad and Tobago Local Government Reform and Decentralization Programme LG: No. 1.2 of 2004

4.5 Proposals must be submitted no later than indicated in the letter of invitation

5.1 The address to send information to the Client is: Mr. Terrance Jurawan Permanent Secretary Ministry of Local Government Kent House Maraval Republic of Trinidad and Tobago Telephone No: (868) 628-1426 Fax No: (868) 622-7410

5.3 The number of points to be given under each of the evaluation criteria are:

19

i) Specific experience of the consultants related to the

assignment • Conducting Local Government Reform and

Decentralization studies • Completing diagnostic analyses of Local Government

operating and service delivery performance • Evaluating Local Government Reform in developing

countries • Preparing Local Government Bodies / Authorities for

greater decentralization and autonomy ii) Adequacy of the proposed work plan and methodology in

responding to the Terms of Reference • Organization, work plan (timetable), strategy, and project

management methodology proposed • Methodology and technical systems proposed to gather

and evaluate data on Local Government operations and performance

• Description of information formats and reports to be submitted

iii) Qualifications and competence of key staff for the

assignment Team Leader • Local Government operation expertise • Organizational development expertise • Regulatory framework and institutional/organizational

design expertise • Demonstrated understanding of global Local

Government Reform developments • Project management expertise

Other Key Staff

• Local Government operation expertise • Organizational development expertise • Institutional structures and system evaluation re-

organizational goals expertise • Evaluation of organizational performance and

institutional capacity expertise

Total Points:

Points10

2 2 3 3

35 15 10 10

55 4 4 9 4 9 6 6 6 7

100

20

The number of points to be given under each evaluation subcriteria for qualifications of staff are:

Points

i) General qualifications 25 ii) Adequacy for the project 65 iii) Experience in region and language 15

Total Points: 100 The minimum technical score required to pass: 75

5.6 The single currency for price conversions is: US$ The source of official selling rates is: Central Bank of Trinidad and Tobago The date of exchange rates is: The formula for determining the financial scores is the following: Sf = 100 x Fm/F, in which Sf is the financial score, Fm is the lowest price and F the price of the proposal under consideration

5.7 The weights given to the Technical and Financial Proposals are: T = 0.8 P = 0.2

21

6.1

The address for negotiations is: Mr. Terrance Jurawan Permanent Secretary Ministry of Local Government Kent House Maraval Trinidad and Tobago

7.2

The assignment is expected to commence on: ------------------------------- at The Ministry of Local Government Kent House Maraval Trinidad and Tobago

22

Section 3. Technical Proposal – Standard Forms 3A. Technical Proposal submission form 3B. Firm’s references 3C. Comments and suggestions of consultants on the Terms of Reference and on data,

services and facilities to be provided by the Client. 3D. Description of the methodology and work plan for performing the assignment 3E. Team composition and task assignments 3F. Format of curriculum vitae (CV) for proposed professional staff 3G. Time schedule for professional personnel 3H. Activity (work) schedule

23

3A. TECHNICAL PROPOSAL SUBMISSION FORM

[Location, Date] To: The Permanent Secretary Ministry of Local Government Kent House Maraval Republic of Trinidad & Tobago Ladies / Gentlemen: We, the undersigned, offer to provide the consulting services to assist the Government of the Republic of Trinidad and Tobago in attaining its Local Government Reform and Decentralization Programme in accordance with your request for proposal dated………. and our proposal. We are hereby submitting our Proposal, which includes this Technical Proposal and a Financial Proposal sealed under a separate envelope. If negotiations are held during the period of validity of the Proposal, i.e., before [Date] we undertake to negotiate on the basis of the proposed staff. Our Proposal is binding upon us and subject to the modifications resulting from Contract negotiations. We understand you are not bound to accept any Proposal you receive. We remain, Yours sincerely, Authorized Signature: Name and Title of Signatory: Name of Firm: Address:

24

3B. FIRM’S REFERENCES

Relevant Services Carried out in the Last Five Years that best Illustrate Qualifications

Using the format below, provide information on each assignment for which your firm/entity, either individually as a corporate entity or as one of the major companies within an association, was legally contracted. Assignment Name: Country:

Location within Country: Professional Staff Provided by Your Firm/Entity (profiles):

Name of Client: No of Staff:

Address: No of Staff-Months; Duration of Assignment:

Start Date (Month/Year): Completion Date (Month/Year): Approx. Value of Services (in Current US$):

Name of Associated Consultants, If Any: No of Months of Professional Staff Provided by Associated Consultants:

Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed: Narrative Description of Project: Description of Actual Services Provided by Your Staff: Firm’s Name

25

3C. COMMENTS AND SUGGESTIONS OF CONSULTANTS ON THE TERMS OF REFERENCE AND ON DATA, SERVICES, AND FACILITIES TO

BE PROVIDED BY THE CLIENT

On the Terms of Reference: 1. 2. 3. 4. 5. On the data, services, and facilities to be provided by the Client: 1. 2. 3. 4. 5.

26

3D. DESCRIPTION OF THE METHODOLOGY AND WORK PLAN FOR PERFORMING THE ASSIGNMENT

27

3E. TEAM COMPOSITION AND TASK ASSIGNMENTS 1. Technical/Managerial Staff

Name Position Task

2. Support Staff

Name Position Task

28

3F. FORMAT OF CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF

Proposed Position: Name of Firm: Name of Staff: Profession: Date of Birth: Years with Firm/Entity: Nationality: Membership in Professional Societies: Detailed Tasks Assigned: Key Qualifications: [Give an outline of staff member’s experience and training most pertinent to tasks on assignment. Describe degree of responsibility held by staff member on relevant previous assignments and give dates and locations. Use about half a page.] Education: [Summarize college/university and other specialized education of staff member, giving names of schools, dates attended, and degrees obtained. Use about one quarter of a page.]

29

Employment Record: [Starting with present position, list in reverse order every employment held. List all positions held by staff member since graduation, giving dates, names of employing organizations, titles of positions held, and locations of assignments. For experience in last five (5) to ten years, also give types of activities performed and Client references, where appropriate. Use about two pages.] Languages: [For each language indicate proficiency: excellent, good, fair, or poor in speaking, reading, and writing.] Certification: I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe me, my qualifications, and my experience. Date: [Signature of staff member and authorized representative of the firm] Full name of staff member: Full name of authorized representative:

30

3G. TIME SCHEDULE FOR PROFESSIONAL PERSONNEL Months (in the form of a Bar Chart) Name Position Reports Due/Activities 1 2 3 4 5 6 7 8 9 10 11 12 Number of Months

Subtotal (1)

Subtotal (2)

Subtotal (3)

Subtotal (4)

Full-time: Part-time: Reports Due: Activities Duration: Signature: (Authorized representative) Full Name: Title: Address:

31

3H. ACTIVITY (WORK) SCHEDULE

A. Field Investigation and Study Items [1st, 2nd, etc. are months from the start of assignment]

1st

2nd

3rd

4th

5th

6th

7th

8th

9th

10th

11th

12th

Activity (Work)

32

B. Completion and Submission of Reports Reports

Date

1. Inception Report

2. Interim Progress Report

a) Preliminary review of current Legislative and Regulatory Framework b) Identification of functions and responsibilities to be decentralized from central agencies /

departments and design of central and local institutional profiles associated therewith

3. Final Report

33

Section 4. Financial Proposal – Standard Forms 4A. Financial Proposal submission form 4B. Summary of costs 4C. Breakdown of price per activity 4D. Miscellaneous expenses

34

4A. FINANCIAL PROPOSAL SUBMISSION FORM To: The Permanent Secretary Ministry of Local Government Kent House Maraval Republic of Trinidad and Tobago Ladies/Gentlemen: We, the undersigned, offer to provide the consulting services to assist the Government of the Republic of Trinidad and Tobago in attaining its Local Government Reform and Decentralization Programme in accordance with your request for Proposal dated ……….. and our Proposal (Technical and Financial Proposals). Our attached Financial Proposal is for the sum of [Amount in words and figures and currency]. This amount is exclusive of the local taxes, which we have estimated at [Amount(s) in words and figures]. Our Financial Proposal shall be binding upon us subject to the modifications resulting from contract negotiations, up to expiration of the validity period of the Proposal, i.e., [Date]. Commissions and gratuities, if any, paid or to be paid by us to agents relating to this Proposal and Contract execution, if we are awarded the Contract, are listed below: Name and Address Amount and Purpose of Commission of Agents Currency or Gratuity We understand you are not bound to accept any Proposal you receive. We remain Yours sincerely, Authorized Signature: Name and Title of Signatory: Name of Firm: Address:

35

4B. SUMMARY OF COSTS

Costs Currency(ies) Amount(s) Subtotal Local Taxes Total Amount of Financial Proposal

Maximum of three currencies plus the local currency

36

4D. MISCELLANEOUS EXPENSES Activity No. Activity Name: No.

Description Unit Quantity Unit Price Total Amount

1. 2. 3. 4.

Communication costs between _________________ and _______________________________________ (telephone, telegram, telex) Drafting, reproduction of reports Equipment: vehicles, computers, etc. Software Grand Total

1. Local transportation costs are not included if local transportation is being made available by the Client. Similarly, in the project site, officer/rent/accommodations/clerical assistance costs are not to be included if being made available by the Client

37

GOVERNMENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO

MINISTRY OF LOCAL GOVERNMENT

TERMS OF REFERENCE

THE PROVISION OF CONSULTANCY SERVICES TO ASSIST THE GOVERNMENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO IN

DETERMINING THE TYPE OF FUNCTIONS AND RESPONSIBILITIS TO BE DECENTRALIZED TO LOCAL GOVERNMENT BODIES/MUNICIPAL

CORPORATIONS AND DESIGN CENTRAL AND LOCAL INSTITUTIONAL PROFILES CONSISTENT WITH SUCH DECENTRALIZED FUNCTIONS AND

RESPONSIBILITIES: LOCAL GOVERNMENT REFORM AND DECENTRALIZATION PROGRAMME

1.0 BACKGROUND 1.1 The Municipal Corporations Act No. 21 of 1990 and its attendant amendment Act No. 8

of 1992, established the Legislative Framework for sweeping Local Government Reform and the decentralization of the system of Local Government in Trinidad and Tobago. The Municipal Corporations Act No. 21 of 1990 consolidated all the Local Government Laws and in particular the County Councils Act, 1967 and the Ordinances/Laws governing the then existing Cities and Boroughs (the Port of Spain and San Fernando City Corporations and the Arima and Point Fortin Borough Corporations).

1.2 This Act was envisaged as a catalyst for transforming the Local Government System into

a relatively autonomous, financially self-sufficient, efficient and effective corporate entity providing quality public services within a participatory management and local democratic framework through, inter alia:

- the establishment of a corporate structure and a core cadre of Chief Officers; - the granting of additional functions and responsibilities to Local Government

Bodies; - the enhancement of local self-financing capacity;

- increased responsibilities and recognition of Council Members and a reconfiguration of the Councils’ Committee System;

- the establishment of a regional co-ordination mechanism; - the establishment of mechanisms for increased citizens participation and

involvement in Local Government policy and decision-making processes; and - the redefinition of the Local Government Boundaries

1.3 The Decentralization Policy Objectives The Government of the Republic of Trinidad and Tobago (GORTT), having reviewed or undertaken a situation analysis of the Local Government Reform Programme since the enactment of the Municipal Corporations Act No. 21 of 1990 has adopted in principle in May, 2004, a Draft

38

Policy Paper on Local Government Reform, 2003/2004. It essentially contains proposals for the continuation of Local Government Reform with emphasis on decentralization of the Local Government System making the system more efficient and effective and promoting greater citizen participation in the affairs of Local Government. The specific objectives of this new decentralization programme are: (a) Structure

i) To restructure the committees of the Council in keeping with the development

focus of the Municipal Region and the new decentralization arrangements

ii) To restructure the corporate organogram in order to manage effectively, to respond to the needs of the local communities and to facilitate the achievement of corporate goals.

iii) To strengthen and improve the corporate institution.

(b) Finance

i) To establish a flexible revenue stream that will allow for more realistic

programme planning and budgeting.

ii) To establish value for money and performance budgeting mechanisms.

(c) Human Resources

i) To develop and improve the Human Resource capacity and capability of

Municipal Bodies to enable them to have a highly skilled, productive and motivated workforce and to enhance the Corporation’s ability to deliver quality services.

(d) Productivity

i) To enhance the productive capacity and optimum potential of the Corporation’s

Human Resources while maintaining proper health and safety standards.

(e) Legislation Reform/Review

i) To have a legislative framework that is clear, unambiguous, user friendly and one

that facilitates decision-making, dispute resolution and policy formulation for Local Government Bodies.

ii) To review the Byelaws and Regulation, in keeping with the revised legislation.

39

(f) Infrastructure/Services

i) To have a well developed, modern, efficient infrastructure base and facilities that

will promote and uplift the economic and social activities of Municipal Regions.

ii) To deliver quality and timely services to the citizenry.

(g) Management Systems/Business Processes

i) To put in place effective modern management systems and processes that will

facilitate communication, decision-making, output, operational efficiency and effectiveness.

(h) Community Development/Citizen Participation

i) To establish mechanisms that will encourage and promote community

involvement and participation.

(i) Boundaries

i) To establish Local Government Boundaries that are consistent with natural

geographical configuration, development focus, community integration and will facilitate administrative co-ordination and effective service delivery.

(j) Unemployment

i) To contribute to the reduction of the current unemployment rate of 11%

(k) Environment

i) To provide a healthy, clean and safe environment

ii) To introduce an Integrated Solid/Liquid Waste Collection Plan for all Municipal

Bodies in Trinidad 1.4 The Transition Phase A decentralization transition period of ten (10) years is envisaged during which the following activities would be undertaken:

- Legislative Review and Review of Bye-laws and Regulations

- Re-definition of the Roles of the Ministry of Local Government and Municipal Corporations

40

- Re-definition of the Functions and Responsibilities of Municipal Corporations

- Corporate restructuring of the Ministry of Local Government and Municipal Corporations

- Institutional strengthening and capacity building

- Determination of the Human Resource/Technical and key funding requirements

- Delegation of operational activities from the Ministry of Local Government to the Municipal Corporations

- De-linking of the Regional Corporations from the Administrative Structure of the

Ministry of Local Government

- Transfer of resources from Ministries and Departments to Local Government Bodies

- Determination of an Agency, which will be responsible for certain Human Resource Management Functions (eg. appointments, promotions; transfer, discipline) for Local Government Bodies.

1.5 The Decentralization Unit The Government has established a Decentralization Unit in the Ministry of Local Government with effect from April 1, 2004. This Unit is responsible for the co-ordination and management of the decentralization programme initiatives. 1.6 The Inter-Ministerial Transition Task Force/Committee The Government has further agreed to the appointment of an Inter-ministerial Transition Task Force/Committee to review the activities of the Local Government Reform Programme and also a Committee to ensure synergy with wider Public Service Reform Programme currently on the way. This Inter-ministerial Task Force/Committee will be under the Chairmanship of the representative of the Ministry of Local Government and comprise representatives from the Ministries of Public Administration and Information, Planning and Development, the Office of the Prime Minister, Health, Works and Transport, Sport and Youth Affairs, Community Development and Culture and Public Utilities and the Environment. 2.0 OBJECTIVE 2.1 The main objective of the assignment is to determine the type of functions and responsibilities to be decentralized to Local Government Bodies as well as design a central and local institutional profile consistent with such decentralized function and responsibilities.

41

3.0 SCOPE OF WORK 3.1 The Consultant in undertaking the following tasks would be guided through not

exclusively by previous consultancy report on the institutional capacity of Local Government Bodies / Municipal Corporations for enhanced functions and responsibilities:

(a) A preliminary review of the current Local Government Laws and Regulatory

Framework to determine their adequacy in support of the objectives of the decentralization programme and task.

Attention should be given in this review to adequacy of provision to support greater citizens participation and involvement in policy formulation and decision-making, strategic planning, local area planning and development, management co-ordination, performance budgeting, financial self-sufficiency, quality service delivery, accountability, transparency and audit oversight.

(b) Based on the analysis and results of tasks (b) and (c), the Consultant would be in

an advantageous position in terms of identifying functions and responsibilities, which could be decentralized to Local Government Bodies. Here, the Consultant must identify the central agencies or departments, the services or responsibilities types or groups, quality expectations, the main customers or local constituents market segment needs and demands. In addition, the local institutional capacity strengthening requirements and development needs must be defined and determined.

3.2 Sources of Information The consultant will be provided with or should source data pertaining to the operations and activities of Local Government Corporations, the Ministry of Local Government and other Ministries and Departments. The following database is instructive:

• The Municipal Corporations Act No. 21 of 1990 and its attendant amendment Act No. 8 of 1992.

• The Public Health Ordinance / Act Chapter 12:04 • The Exchequer and Audit Act • The Public and Civil Service Act and Regulations • The Statutory Authorities Service Commission Act and Regulations • The Highways Act Chapter 48:01 • The Town and Country Planning Act Chapter 35:01 • The Environment Management Authority Act • The Public Information Act • The Representation of the People’s Act Chapter 2:01 • The Interpretation Act Chapter 3:01 • The Recreation Grounds and Pastures Act Chapter 41:01 • The Boundaries Commission Local Government Act Chapter 25:50 • The staff establishment of the Ministry of Local Government and Municipal Corporations • List delegated functions to line Ministries and Departments by Cabinet, Public Service

Commission (PSC) and the Chief Personnel Officer • Performance Evaluation Report re: Municipal Corporations

42

• The Yearly Administrative Report on the operations of Municipal Corporations • The Draft Policy Paper on Local Government Reform • Reports of the Auditor General on the Audited Accounts and Financial Statements of

Municipal Corporations • Project Management Reports

In addition to the above, the Consultant is expected to participate in focus group discussions workshops and public Consultations. 4.0 DURATION OF THE CONSULTANCY 4.1 The duration of the consultancy is expected to be for an initial period of approximately three (3) months and to be undertaken during the months of October to December, 2004 or any period within this three (3) months timeframe as mutually agreed/between the Consultant and the GORTT (the Client Ministry). A field trip to Port of Spain will be required. The Consultant is required to submit a proposed time schedule based on the Terms of Reference. 5.0 FUNDING, MANAGEMENT, GOVERNMENT SUPPORT AND

LIAISON 5.1 The Consultancy is to be financed under the Ministry of Local Government Consultancy Services Vote with assistance from Grant Funding under the United Nations Development Programme (UNDP) as the case may be. 5.2 The Ministry of Local Government will:

(a) In accordance will the Central Tenders Board rules select and in consultation with the UNDP if applicable, recruit the Consultant. A contract would be entered into between the Ministry and the Consultant

(b) Undertake the appointment of personnel to assist/manage the consultancy on

behalf of the Ministry of Local Government and in particular to:

i) guide the Consultant in establishing contact and securing cooperation of the Agencies and individuals concerned with Local Government and related services

ii) assist in progressively monitoring the Consultant’s progress

(c) Provide the Consultant with access to all relevant reports and data and assist in

seeking / obtaining information not immediately available at the Ministry

(d) Assist the Consultant in arranging focus group and other discussions / consultations

5.3 Consultants are encouraged to propose improvements or pertinent amendments to this Terms of Reference in their proposals including scope of work, execution, methods of reporting

43

and payment and bring to bear their full experience in formulating their proposals for the conduct of this Technical Assistance. 6.0 DELIVERABLES 6.1 The Consultant is expected to furnish the Ministry of Local Government with the following signed reports in accordance with the tasks identified in the scope of work:

• An inception report summarizing the Consultant’s understanding of the terms of reference, a description of the planned activities and schedule of deliverables

• Report 1 – A preliminary review of the current Legislative and Regulatory

framework

• Report 2 – Identification of functions and responsibilities to be decentralized to Local Government Bodies from Central Agencies and Departments accompanied by a design of the central and local institutional profiles consistent with such decentralized functions and responsibilities.

• Report 3 – Final Report

7.0 TIMING AND REPORTING REQUIREMENTS 7.1 The timetable for reporting would be as follows:

Week 2 - Inception Report Week 6 - Report 1 preliminary review of current Legislative and Regulatory

Framework Week 10 - Report 2 – identification of functions and responsibilities to be

decentralized from central agencies and departments together with design of central and local institution profiles consistent with such decentralization functions.

Week 12 - Final Report

7.2 The Consultant will report to the Ministry of Local Government, through the Permanent Secretary or the designated client representative (Decentralization co-ordinator) in compliance with the above timetable deadlines. 7.3 The Consultant will be required to present seven (7) copies of each report in printed form and also on 3.5” computer diskettes or computer disk (CD) in MS Word Format. Any tables should be presented in Excel Format.

44

8.0 PAYMENT SCHEDULE AND CONDITION 8.1 Payments would be made in accordance with the following schedule and no later than thirty (30) days after production of the relevant invoice:

- 10% upon signing of agreed contract - 20% upon production of Inception Report - 20% upon submission of Report 1 - 25% upon submission of Report 2 - 25% upon submission of Final Report

9.0 QUALIFICATION AND EXPERIENCE 9.1 The Consultant will be selected based on his/her qualifications, demonstrated experience and capacity to execute the type of work. A sound knowledge of Local Government, best practices associated therewith and International experience in designing Local Government Reform programmes are essential 9.2 In addition, a sound organizational development background and experience in determining functions and responsibilities to be decentralized in a Local Government setting as well as designing decentralized institutional profiles would be an advantage. Experience in analyzing and reviewing legal and regulatory institutional framework would be useful. 9.3 The Consultant will provide a personal history or appropriate bio-data of himself/herself and any personnel to be engaged in the exercise including qualifications, training, work experience and any special knowledge. 10.0 GOVERNMENT’S / CLIENT RESPONSIBILITIES 10.1 The Government will endeavor to provide:

- Basic office facilities - Counterpart Staff - All available or relevant documents

45

CONTRACT FOR CONSULTANCY SERVICES

for

THE LOCAL GOVERNMENT REFORM AND DECENTRALIZATION PROGRAMME

between the

GOVERNMENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO

and

CONSULTANT

46

REPUBLIC OF TRINIDAD AND TOBAGO CONTRACT FOR CONSULTANCY SERVICES THIS AGREEMENT made in duplicate this day of 2004, between , Permanent Secretary, Ministry of Local Government (hereinafter referred to as “the Permanent Secretary”), acting for and on behalf of the Government of the Republic of Trinidad and Tobago (hereinafter referred to as “the Client”) of the ONE PART and , (hereinafter referred to as “the Consultant”) of the OTHER PART WHEREAS the Client wishes to have the services hereinafter referred to performed; AND WHEREAS the Consultant has warranted that it is appropriately staffed, equipped and able to perform the services referred to herein and is competent to perform the services; AND WHEREAS the Consultant has offered and the Client has agreed to engage the Consultant to perform the services on the terms and conditions set out herein; NOW THEREFORE it is agreed as follows: 1. Services (i) The Consultant shall perform the services specified

in Annex A, “Terms of Reference for the Provision of Consultancy Services for the Local Government Decentralization Programme”, which is made an integral part of this Contract (“the Services”)

(ii) The Consultant shall provide the personnel listed in

Annex B, “Consultant’s Personnel,” to perform the Services

(iii) The Consultant shall submit to the Client the report

in the form and within the time periods specified in Annex C, “Consultant’s Reporting Obligations”

47

2. Term The Consultant shall perform the Services for the period commencing and continuing through to or any other period as may be subsequently agreed by the partied in writing.

3. Payment A. Ceiling For Services rendered pursuant to Annex A, the Client shall

pay the Consultant an amount not to exceed . This amount has been established based on the understanding that it includes all of the Consultant’s costs and profits as well as any tax obligation that may be imposed on the Consultant.

B. Schedule of Payments

The schedule of payments is specified below: Payments would be made in accordance with the following schedule and no later than thirty (30) days after production of the relevant invoice:

- 10% upon signing of agreed contract - 20% upon production of Inception Report - 20% upon submission of Report 1 - 25% upon submission of Report 2 - 25% upon submission of Final Report

C. Reimbursables

The Client shall also pay the Consultant for reimbursable expenses, which shall consist of and be limited to:

i. normal and customary expenditures for official

travel, accommodation, printing and telephone charges; official travel will be reimbursed at cost of less than first class travel and will need to be authorized by the Client’s coordinator;

ii. such other expenses as approved in advance by the

Client’s coordinator.

Reimbursable expenditures will be paid upon submission of supporting Documentation and shall not exceed

48

D. Payment Conditions

Payment shall be made in Dollars ($ ) no later than 30 days following submission of invoices in duplicate to the Coordinator designated in Clause 4. Submission of invoices will be made subject to the acceptance of the reports by the Client.

4. Project A. Coordinator Administration The Client designates the Decentralization Coordinator,

Decentralization Unit as the Client’s coordinator and in his/her absence the Deputy Permanent Secretary. The coordinator shall be responsible for the coordination of activities under the Contract; for receiving and approving invoices for payment; and for acceptance of the deliverables by the Client.

B. Reports The reports listed in Annex C “The Consultant’s Reporting Obligations”, shall be submitted in the course of the assignment and will constitute the basis for the payments to be made under Paragraph 3.

5. Performance A. The Consultant undertakes to perform the Services Standard with the highest standards of professional and ethical

competence and integrity. The Consultant shall promptly replace any employees assigned under this Contract that the Client considers unsatisfactory.

B. The GORTT (or Client) will cancel the contract if it

at any time determines that corrupt or fraudulent practices were engaged by any of its or the client representing or the firm/consultant or its representatives during the execution of the contract.

6. Confidentiality The Consultants shall not, during the term of this Contract

and within two years after its expiration, disclose any proprietary or confidential information relating to the Services, this Contract or the Client’s business or operations without the prior written consent of the Client.

7. Ownership of Any studies, reports or other material, graphic, software of Material other deliverable prepared by the Consultant for the Client

under the Contract shall belong to and remain the property

49

of the Client. The Consultant may retain a copy of such documents and software.

8. Consultant Not The Consultant agrees that, during the term of this Contract to be Engaged in and after its termination, the consultant and any entity Certain Activities affiliated with the Consultant, shall be disqualified from

providing goods, works or services (other that the Services or any continuation thereof) for any project resulting from or closely related to the Services.

9. Insurance The Consultant shall be responsible for taking out any

appropriate insurance coverage. 10. Assignment The Consultant shall not assign this Contract or Sub-

contract any portion of it without the Client’s prior written consent. The Permanent Secretary, Ministry of Local Government shall not be personally liable for any arising out of such an agreement.

11. STATUS OF CONSULTANT 11.1 During the Term, the Consultant shall be an independent

Consultant and not the servant of the Client. 11.2 In the capacity of independent Consultant the Consultant

shall bear exclusive responsibility for the discharge of any Income Tax, National Insurance, Health Surcharge and VAT liability arising out of remuneration for the work performed under this Agreement.

1.2 GOVERNING LAW AND DISPUTE RESOLUTION 12.1 The construction, performance and validity of this

Agreement shall in all respects be governed by the Laws of Trinidad and Tobago.

12.2 Any disputes, differences and questions whatsoever arising

between the parties hereto out of this Agreement or as to the rights duties or liabilities of the parties shall be referred to Mediation. The Mediator shall be appointed from a member of the Registered Association of Mediators or in the absence of such Registered Association from a list provided by the Dispute Resolution Centre, Trinidad and Tobago Chamber of Industry and Commerce. Any resolution arrived at in Mediation shall be binding upon the parties hereto.

50

12.3 Where the parties hereto fail to arrive at a resolution within

ten (10) days of Mediation, the Mediator shall be appointed as arbitrator for the final determination of the dispute under the Arbitration Act, Chap. 5:01 or any statutory re-enactment, amendment or modification thereof for the time being in force.

13. MODIFICATION / WAIVER 13.1 The failure by either party to enforce at any time or for any

period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all the terms and conditions of this agreement;

13.2 No change to, addition to or waiver of any of the provisions

of this Agreement shall be binding upon either Party unless same is reduced in writing, and signed by an authorized representative of each Party.

14. SEVERABILITY OF PROVISIONS 14.1 If any of the provisions of this Agreement shall be held to

be void, voidable, illegal, invalid or otherwise unenforceable, such invalidity shall not affect any other provisions which can be given effect without the invalid provisions and to this end, the provisions of this Agreement are intended to be and shall be deemed severable.

14.2 If any of the provisions of this Agreement shall be held to

be void, voidable, illegal, invalid or otherwise unenforceable, the parties shall amend that provision in such reasonable manner as achieves the intention of the Parties without illegality.

15. HEADINGS

Headings contained in this Agreement are for reference purposes only and shall neither be construed as forming part of this Agreement nor be deemed to be any indication of the meaning of the clauses to which they relate.

51

16. ENTIRE AGREEMENT

This Agreement, including the Annexes, embodies the entire understanding of the parties and there are no promises terms, conditions or obligations oral or written express or implied other than those contained herein. All previous agreements and arrangements, if any, made between the Client and the Consultant are hereby canceled but without prejudice to any rights which have already accrued thereunder to either party.

IN WITNESS the parties have hereunto set their hands the day and year first written above. SIGNED by the within named ) ) Permanent Secretary, Ministry of ) Local Government ) For and on behalf of the Government ) of the Republic of Trinidad and Tobago ) in the presence of: ) SIGNED by ) With due authority acting herein for ) And on behalf of the within named ) ) in the ) presence of: )

52

53