Bosnia and Herzegovina nationals: Legal consultant for municipal regulations on public water services in the North-West cluster
NOTE: Signed Offeror’s Letter to UNDP Confirming Interest and Availability - https://www.ba.undp.org/content/dam/bosnia_and_herzegovina/docs/Operations/Jobs/Offerors%20Letter%20to%20UNDP%20Confirming%20Interest%20and%20Availability.docx - Letter to UNDP Confirming Interest and Availability.docx - to be sent to e-mail firstname.lastname@example.org with Subject: Job ID 92523.
Travel will be rquired to: Bihac, Bosanska Krupa, Cazin, Gradiška, Kostajnica, Kozarska Dubica, Prijedor, Sanski Most and Velika Kladuša.
Financed by the Government of Switzerland and implemented by the United Nations Development Programme (UNDP), the Municipal Environmental and Economic Governance (MEG) Project is an intervention in the domain of local governance in Bosnia and Herzegovina. The Project’s overall goal is defined as follows: Local governments (LGs), assigned with appropriate competences and finances, have improved their democratic governance, apply sound public policy and performance management systems, and provide public services in an inclusive, effective and efficient manner, particularly those related to economic and environmental sectors. The expected concrete improvements the Project will contribute to are clustered in three outcomes, as follows:
- Outcome 1: Supported local governments apply effective development management systems characterized by stronger oversight of the legislative and greater accountability towards the citizens.
- Outcome 2: Citizens and businesses in target localities benefit from good quality services provided by LGs in the economic and environmental sectors.
- Outcome 3: Improved regulatory framework at higher and local government levels and pro-active networking accelerate sector-specific reforms and enable more effective local public service delivery.
The Project’s territorial focus is on the North-West part of the country (including Una-Sana Canton and Prijedor region) and the North-East region (the wider Doboj-Tuzla area), covering 18 partner LGs: Bihac, Bosanska Krupa, Cazin, Doboj, Gracanica, Gradacac, Gradiška, Kalesija, Kostajnica, Kozarska Dubica, Prijedor, Prnjavor, Sanski Most, Tešanj, Teslic, Tuzla, Velika Kladuša and Žepce.
The Project is implemented in partnership with the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina, the Ministry of Development, Entrepreneurship and Crafts of the Federation of Bosnia and Herzegovina (FBiH), the FBiH Ministry of Agriculture, Water Management and Forestry, the Ministry for Administration and Local Self-Government of Republika Srpska (RS), the RS Ministry of Agriculture, Forestry and Water Management and both entity Associations of Municipalities and Cities (AMCs).
One of the main Project goals is evident increase in quality and efficiency of public water services in partner LGs. The Project activities thus focus on providing series of technical assistance to both LG administration and their water utility companies (WUC) in number of different areas, one of which is aimed at overcoming current insufficiently regulated legal framework governing this sector. Existing legislation fails to clearly prescribe responsibilities for several important matters and, as a consequence, implementation of these responsibilities generally does not take place in an appropriate timeframe or manner.
Although these gaps would be best addressed through adequate legislative changes, which is eventually the final and long-term goal, the Project's initial premise for the mid-term period was to provide support to LGs and their WUCs in regulating details of their mutual obligations through a so-called Public Service Agreement (PSA). Together with its partner LGs, the Project developed model PSAs, covering details that are presently missing in the relevant regulatory framework.
So far, 16 partner LGs (out of 18) have signed and adopted PSAs, thus setting the ground for joint work on many other important issues related to reliable public service delivery. Since PSAs were signed and entered into force, the Project has been continuously supporting partner LGs in ongoing implementation of all PSA obligations. Among other things, PSA clauses provide for adoption of new legal acts or adjusting existing ones, such as a new municipal rulebook on tariff methodology or amendments to the internal rulebook on bookkeeping, as well as adjustments of other municipal regulations with the overall goal to fully implement all PSA obligations.
In order to help in fulfilling the PSA obligations as efficiently as possible, the Project plans to engage a Legal consultant for municipal regulations on public water services in the North-West cluster  (the Consultant), who will assist the partner LGs in identifying and preparing the necessary legal interventions following the relevant PSA provisions.
The purpose of this consultancy is to provide expert support to partner local governments in consistent implementation of PSA obligations and therefore increase their capacities in better managing the delivery of public water services. The objective of this consultancy is to assist partner LGs in identification and preparation of legal acts as foreseen in their Public Service Agreements.
 Bihac, Bosanska Krupa, Cazin, Gradiška, Kostajnica, Kozarska Dubica, Prijedor, Sanski Most and Velika Kladuša
Duties and Responsibilities
The Consultant will initially conduct a comprehensive review of all PSAs and respective obligations stemming from them, which will be then followed by visits and consultations with partner LGs with the goal of identification of specific needs for each individual LG when it comes to drafting and adjusting municipal legal acts. After that, the Consultant will provide expert support to identified LGs through technical assistance in preparing rules and regulations that need to be harmonized with the PSA requirements. The Consultant will be tasked to work with 9 (nine) LGs and WUCs from the North West cluster.
The entire service will be delivered in the languages of BiH peoples. The expected timeframe for delivery of the service is July - October 2020.
More specifically, the Consultant will be expected to perform the following tasks:
Task 1 – Desk research and needs assessment
As a first task, the Consultant will review existing Public Service Agreements in order to identify specific, relevant clauses therein that have to do with obligation to assist in drafting new or adjusting existing LG legal acts and harmonize them with the PSA requirements. The Consultant will be provided with all relevant documents that have been produced as a result of activities implemented by the MEG Project with the partner LGs/WUCs, as well as with all official documents which will be provided by partner LGs.
As a part of the first task, and after comprehensive review of all PSAs, the Consultant will conduct interviews and consultations with representatives of partner LGs and WUCs, where and if needed, in order to gather as much information as possible about the current status of implementation of relevant PSA requirements. Before organizing and conducting interviews, in cooperation with the MEG Project, the Consultant will determine the list of interviewees and discussion questions. The MEG Project will also support the consultant in communication with LG representatives and logistics of consultative meetings.
The results of the consultation process will be presented in Needs Assessment Report, including a list of concrete and specific needs of each partner LG when it comes to obligation of drafting new or adapting existing legal acts, in accordance with the terms and requirements set out in PSAs. This assessment of partner LGs’ needs will serve as basis for technical assistance to be provided as a part of the second task.
It is envisaged that this task will be delivered by the end of August 2020 and the level of effort will not exceed 10 expert days.
Task 2 – Support in development of regulations and other legal instruments
Based on previously prepared needs assessment for all LGs, the Consultant will provide expert support in drafting necessary regulations and other required legal instruments. This support will include working in close cooperation with representatives of partner LGs/WUCs and/or working groups formed to prepare necessary regulations. The Consultant will ensure that the support in drafting regulations is in line with relevant rules governing the process and methods of legislative drafting.
Depending on the specific LGs’ needs and required procedures, this expert support shall include preparation of initial analysis and guidelines, preparation of the first working version of a legal act, participation at the meetings of the working group, incorporation of comments in the draft, etc. When needed and justified, the Consultant will present proposed legal solutions to decision-makers and other similar occasions during the process of preparation of draft regulations.
The Consultant is expected to prepare one draft legal act per LG (eight in total), while for any additional needs for legislative drafting exceeding this number, the Consultant will provide short guidelines and/or recommendations that can serve as a basis for LGs to prepare relevant regulations on their own. The Consultant will perform all activities and deliver required outputs in constant coordination with the MEG Project team.
It is envisaged that this task will be delivered by mid October 2020 and the level of effort will not exceed 11 expert days.
Task 3 – Reporting
At the end of the assignment, the Consultant is expected to submit a final report outlining all conducted activities and describing outputs (legal acts prepared) and major findings and recommendations for potential further improvements in continuous implementation of relevant PSA requirements.
It is envisaged that this task will be delivered by the end of October 2020, and the level of effort will not exceed 1 expert day.
Corporate Responsibility and Teamwork:
- Demonstrates commitment to UNDP’s mission, vision and values;
- Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
- Plans, prioritizes and delivers tasks on time;
- Strives for and promotes excellence in performance continually;
- Participates effectively in a team-based, information-sharing environment, collaborating and cooperating with others;
- Generates ideas and seizes opportunities to support corporate strategic objectives.
- Demonstrated ability to work harmoniously with persons of different national and cultural backgrounds;
- Recognizes and responds appropriately to the ideas, interests, and concerns of others;
- Builds trust and engenders morale by displaying open, transparent and credible behavior;
- Respects individual/cultural differences; utilizes diversity to foster teamwork;
- Ensures others’ understanding of, involvement in, and adaptation to a change process.
Partnering and Networking:
- Communicates sensitively and effectively across different constituencies;
- Ability to work as a member of a team as well as work autonomously.
- Plans and ensures quality results to meet established goals.
- Formulates written information clearly and persuasively;
- Shares information openly with co-workers and partners while using discretion to protect confidences;
- Presents information in a clear and articulate manner.
Job Knowledge and Expertise:
- Excellent knowledge of regulatory framework concerning communal services, practices, challenges and processes;
- Knowledge of matters related to provision of public water services at the local level;
- Strong analytical skills;
- Advanced presentation skills;
- Advanced writing skills;
- Initiative and sound judgment.
Required Skills and Experience
- University degree in law, economics, public administration, development studies or a related field.
- At least 5 years of experience in practical work and provision of expert support in reforms of public policies and legislation at various levels of government;
- Experience and knowledge of public policies and relevant regulatory framework in BiH on local self-government;
- Professional experience in reforms, development and implementation of regulations in the field of communal services and/or public water services will be considered as an advantage;
- Proven analytical and presentation skills and ability to conceptualize and write concisely and clearly.
- Fluency in official Bosnia and Herzegovina languages, and in English.
- Excellent computer skills (MS Office applications) and ability to use information technologies as a tool and resource.