Terms of Reference. Consultancy to support the Institutional Strengthening of the Frontier Counties Development Council (FCDC)

Transcription

1 Terms of Reference Consultancy to support the Institutional Strengthening of the Frontier Counties Development Council (FCDC) 1. Introduction August 2016 to August Supporting Kenya s devolution process is high priority for the World Bank under the Kenya Country Partnership Strategy. Current support for devolution capacity consists primarily of a program of technical assistance called the Kenya Accountable Devolution Program (KADP). The KADP is currently funded through the Kenya Devolution Partnership Facility - a MDTF supported by DANIDA, DFID, EU, Finland, Sweden, and USAID. While modest in scale, the KADP enabled the Bank to establish an in-country team with technical expertise providing knowledge, analysis, and technical assistance (TA) to multiple government and non-government clients. Additional support for devolution is provided through WB staff and the existing Kenya portfolio, including IDA-financed projects as well as via other TA and Advisory Services and Analytics, focused on devolved sectors (e.g., urban, health, agriculture, water). 2. The KADP has been implemented since early 2013 and the first phase (funded through the Global Governance Partnership Facility), ended in Feb The second phase commenced in November 2014 with funding from the Development Partnership Facility. KADP provides support to both national and county governments in the following areas: a. Fiscal knowledge program, analyze fiscal impact of devolution b. Strengthen county PFM capacity, largely through training of staff, and support selected HR policy issues c. Enhance performance management of counties d. Strengthen public participation/social accountability mechanisms in county systems e. Support transition to devolution in key sectors, WB portfolio and donor coordination 3. Under the transition to devolution activities in key sectors, KADP will support the newly-formed Frontier Counties Development Council (FCDC), led by Governors of Isiolo, Mandera, Marsabit, Wajir, Lamu, Tana River, and Garissa counties. The FCDC counties have a shared history of protracted marginalization and persistent inequality with respect to other regions in Kenya. Consequently, the counties confront the highest rates of poverty, vulnerability to disasters, limited access to and use of basic services such as health and education, and low levels of infrastructure and investment. Eight out of ten people in the FCDC counties are estimated to be living below the poverty line. 18 of the 20 poorest constituencies in Kenya are among these seven counties. Compared to other regions, these marginalized counties have additional fiscal space to address major infrastructure and service gaps. However, they also face serious capacity constraints. Even existing investment could not be optimized due to 1

2 shortage of local educated personnel to take up management and technical positions in government and private enterprises. Starting from a low base, marginalized counties have weaker institutions and face unique challenges to attract and retain staff. These conditions make it harder for them to effectively program, deliver development services and access performance-based funding. Finally, there is a need to coordinate and harmonize the various interventions provided by the Government, civil society, private sector and external partners. 4. Despite these challenges, marginalized counties also present unprecedented opportunities. Devolution is bringing governments closer to the people and making elected representatives more accountable to their citizens. Discoveries of oil, gas, and water in Northern Kenya provide new economic opportunities. Major infrastructure projects such as the Lamu Port-Southern Sudan-Ethiopian Transport (LAPSSET) will help to improve access and integration with the rest of the country. However, these new developments if not well managed will not reap the anticipated economic, social, and cultural benefits for the local communities. 5. FCDC is a shared platform that galvanizes the seven counties for a collective action to promote resilience and shared prosperity for the region. The ultimate objective of this unique space is to provide cohesive political steering, and a framework for effectively achieving development results through a people centered development. The FCDC aims to build regional and county capacity to overcome implementation challenges to successfully implement the constitution of Kenya 2010, to reap the benefits of devolved governance, and to implement County Integrated Development Plans (CIDPs) in alignment with the Kenya Vision In particular, the council aims at creating synergies and improving collaboration between counties, enabling a business friendly environment, strengthening public service capacities, competences and skills, addressing cross-county issues related to water, food security, energy, transport and conflict, and to do advocacy work at national level. The FCDC secretariat will play an important facilitating role in supporting county governments to drive the development process forward in their respective counties. 6. KADP support for FCDC will focus on capacity building of this inter-county platform. This includes the provision of technical assistance in mobilizing resources to promote coordinated action and regional coordination, developing instruments to detect and monitor key risks of violence and systematic conflict mitigation measures, working with national government to develop and roll out affirmative actions to address marginalization, supporting sustained innovations for local economic development, and facilitating peer-to-peer learning across marginalized counties. 7. The World Bank through the KADP activities reaffirms the main goals of the Country Partnership Strategy (CPS) for Kenya ( ) on poverty reduction and shared prosperity by prioritizing in marginalized counties, which are the most vulnerable and resource-poor in the country. 2

3 2. Objectives of the assignment 8. The overall objective of this consultancy is to strengthen the capacity of FCDC to provide an effective and efficient institutional base for coordination and collaboration between its member counties and contribute to their socioeconomic development. This will include support to the establishment of a functional FCDC secretariat, the coordination of surge capacity to improve service delivery in FCDC counties, and the development of a roadmap to socio-economic development in its members counties. The specific objectives of this consultancy are to: a. Strengthen the institutional capacity of FCDC for the effective and efficient coordination of development initiatives in its members counties. This includes activities in support of peace building and conflict mitigation in FCDC. b. Enhance the capacity, governance systems and structures of the FCDC counties for improved service delivery; c. Develop a comprehensive plan to accelerate the socioeconomic development of the FCDC counties; d. Increase citizens participation in development initiatives supported in FCDC counties. 3. Expected outcomes 9. The expected outcomes of this consultancy include improved service delivery in FCDC member counties and increased institutional capacity of FCDC. Furthermore, the activities undertaken as part of the consultancy will ultimately improve the capacity of FCDC counties to plan, budget, deliver, monitor, and perform towards accelerated development. The consultancy will also strengthen the capacity of FCDC as an affirmative action platform for: a. Coordination and collaboration among counties; b. Capacity building to its member counties; and c. Addressing common development challenges in a holistic manner 4. Scope of work 10. The consultancy will focus on building the capacity of FCDC for the effective and efficient coordination of development initiatives in its member counties. As a first step, KADP will hire a firm to work with FCDC to establish a functional FCDC secretariat. Specifically, the firm will provide technical assistance in the following areas: 1. Strengthen institutional capacity for effective and efficient coordination among member counties. Specifically the firm will support the following activities: a. Recruiting and training the initial staff to steer FCDC s Secretariat. b. Establishing an advisory committee to act as a think tank for FCDC comprising of academics, entrepreneurs, development practitioners, ICT specialists, among others. 3

4 c. Setting the long-term mandate, vision, mission, and branding of FCDC as a corporate entity. d. Setting the organizational framework and operational procedures. e. Developing a plan for the long-term financial sustainability of FCDC, including proposals for fund raising. f. Developing a plan for systematic monitoring of conflict and violence in FCDC, with emphasis on the intersections of political, community, and ethnic violence g. Understanding and laying out the institutional architecture for conflict mitigation and peace building in FCDC a. Designing standardized instruments for violence monitoring and conflict mitigation in FCDC b. Finalizing a communication and advocacy strategy c. Developing a website and other publicity materials for FCDC s Secretariat 2. Enhance the capacity and governance systems of the FCDC counties for improved service delivery. The firm will support FCDC in the provision of surge capacity to county governments to facilitate and expedite their planning, budgeting, service delivery, and monitoring activities. Specifically, the firm will provide technical assistance in: a. Working the with Ministry of Devolution and Planning on the skills gaps and capacity needs of the FCDC Counties, including county specific priorities and suggesting mitigating interventions. b. Establishing a database of experts who can be mobilized on demand and at short notice to undertake specific tasks to support the FCDC Counties. This will include mobile teams of mentors/advisors to support county governments on: i) procurement, ii) financial management, iii) engineering supervision, iv) delivery of basic services, iv) development of Strategic Plans and CIDPs, v) project management, monitoring, evaluation and reporting of development initiatives, vi) performance management systems and vii) conflict-sensitive programming all this underpinned by accountability and transparency. The mobile teams will support the counties through the provision of rapid technical assistance, training, mentoring and coaching, hands-on supervision, as well as feedback from the monitoring, evaluation and reporting mechanisms. c. Supporting FCDC counties to develop and apply a Rapid Results Approach (RRA) and a robust monitoring and evaluation mechanism for service delivery. This includes mentorship programs and internships. Also in coordination with the Ministry of Devolution and Planning who have undertaken these tasks for all the 47 Counties and could assist in customizing this approach to the FCDC Counties. 4

5 d. Supporting member counties in developing procedures that will incentivize and retain public servants to live and work in the FCDC counties in collaboration with the County Public Service Boards, Public Service Commission (PSC) and the Salaries and Remuneration Commission (SRC). Such guidelines may include contractual arrangements that ensures that trained public servants apply their skills in FCDC counties for a minimum period of time. FCDC would support the implementation of such guidelines. This could potentially be done in one model county first. 3. Develop a comprehensive plan to accelerate the socioeconomic development of the FCDC counties. The consulting firm will support FCDC in the development of a roadmap for accelerated socio-economic development in FCDC counties. Specifically, the firm will be responsible for undertaking the following activities: a. Sensitizing the FCDC counties on national development priorities by reviewing existing strategy and policy development documents for marginalized counties (e.g. National Policy for the Sustainable Development of Northern Kenya and Other Arid Lands Unlocking Our Full Potential for Realization of the Kenya Vision 2030 ; Sessional paper 8 of 2012 for the Development of Northern Kenya and other Arid Lands). This will include contextualization of development policies in FCDC counties within the new context of devolution and other developments. b. Involving key stakeholders, including government, private sector (e.g. Small and Medium Scale Industries operating in frontier counties) and civil society in the roadmap development process; c. Incorporating into the FCDC development Roadmap, the WB Investment Plan on roads; water, irrigation and sanitation; agriculture; and livestock. This will be dependent on an on-going WB study; d. Developing a roadmap document with clear actions towards socio-economic development in FCDC counties anchored in county planning and budgeting (including CIDPs) 4. Increase citizens participation in development initiatives supported in FCDC counties. The Constitution of Kenya (2010) guarantees public participation and involvement in the County Assembly and its Committees. Similarly, citizens participation in development initiatives inculcates a sense of ownership and leads to an appreciation of government efforts. It also serves as a strategy to ensure sustainability and relevance to the ultimate beneficiaries. The consulting firm will support FCDC in: a. Conducting dissemination and sensitization sessions on the public participation guidelines in FCDC counties, including recommendations for their application in the budget and planning process 5

6 b. Developing and implementing citizen education programs contextualized to the FCDC counties. 5. Task Implementation Arrangements 11. A team comprising staff members from the World Bank, FCDC, the consulting firm and individual counties will guide the overall implementation of the consultancy. The Executive Secretariat will act as a reference group for the consultancy firm on technical aspects related to capacity building of FCDC counties. 12. The consulting firm should provide regular feedback on the progress of the assignment and should ensure strict adherence to timelines. The firm is expected to be fully self-sufficient in terms of office equipment and supplies, communication, accommodation and transport services. 13. The implementation of the consultancy will be carried out in the context of the World Bank s KADP. The KADP is a Bank Executed Trust Fund under which expenditures for goods and services will be incurred in accordance with the Bank s Administrative Manual AMS Selection and Use of Consultants By the World Bank Group which is administered by the Corporate Procurement Unit of the General Services Department as outlined in the KADP Grant Agreement. 14. Before commencing the implementation of the outlined tasks, the consultancy firm must liaise with the World Bank and FCDC. 6. Task and timeline 15. The assignment is to be carried out in 24 months. It is expected to start in August 2016 and end in August Monitoring, Evaluation and Reporting 16. The project team comprising staff members from the World Bank, FCDC, the consulting firm and individual counties will undertake quarterly project reviews whose expected outputs include: a. A record of progress made and milestones achieved b. Challenges encountered and interventions proposed c. Recommendations for any substantive changes in the project format and/or direction d. Requests for the necessary approvals 8. Deliverables 17. The deliverables expected from the consulting firm are listed in table in Table 1 and amount to: 6

7 Table 1: Assignment by tasks, time inputs and deliverables Area Task Deliverable Timeline Overall work plan Work Plan August 2016-August 2018 Work Plan Document August 2016 Establishment of FCDC Secretariat and strengthening of FCDC Recruiting and training the initial staff to steer FCDC Signed contracts with agreed staff to be hired August 2016 August 2016 institutional capacity for the effective and efficient coordination of development initiatives in the FCDC Establishing an advisory committee to act as a think tank for FCDC comprising of academics, entrepreneurs, development practitioners, ICT Written commitment by advisory committee members and agreed meeting schedule September 2016 counties specialists among others Vision and strategy document for FCDC Setting the long term vision, mission, mandate, Minutes of key consultations held with September 2016 and branding of FCDC as a corporate entity stakeholders that informed the September 2016 Setting the organizational framework and deliverables in this area operational procedures for FCDC FCDC organogram Developing a plan for the long term financial FCDC Operational Manual June 2017 sustainability of FCDC, including proposals for August 2016 Financing Strategy fund raising October 2016 First year work plan and budget for Finalizing a communication and advocacy October 2016 FCDC strategy September,2016 Human Resource Plan September 2016 Setting the long term vision, mission, mandate, Manuals and materials for FCDC staff January, 2018 and branding of FCDC as a corporate entity training and development Setting the organizational framework and Communication and Advocacy Strategy operational procedures for FCDC document Developing a plan for the long term financial A plan for systematic monitoring of sustainability of FCDC conflict and violence in FCDC, including November, 2016 December, 2016 Finalizing a communication and advocacy strategy standardized instruments and methodologies Designing standardized instruments for violence Institutional assessment for peace monitoring and conflict mitigation in FCDC building and conflict mitigation in FCDC Developing a plan for systematic monitoring of Analytical piece on devolution and risks September, 2016 conflict and violence in FCDC (May 2017) of political violence during elections February, 2017 Enhancing the capacity and Consolidating baseline information to identify Report documenting status of key August

8 Area Task Deliverable Timeline as-is status and prioritize requirements in FCDC initiatives and prioritized requirements Compiling information on skill sets, A report on skills inventory, identified September 2016 competencies, and performance of the public gaps, and recommendations on bridging service workforce in the 7 counties the gaps governance systems of the FCDC counties for improved service delivery by creating a surge capacity Guiding FCDC counties staff on procedures to improve service delivery in marginalized areas Developing a customized approach to staff training and development in FCDC counties. This may include use of existing training manuals, effective knowledge and skills transfer, on-the-job training by a team of mentors/advisors, or a combination of the approaches Establishing mobile teams of mentors/advisors to support county governments on procurement; financial management; engineering supervision; delivery of basic services; development of Strategic Plans and CIDPs; project management, monitoring, evaluation and reporting of development initiatives; and performance management systems. Supporting FCDC counties to develop and apply RRA for service delivery Framework contracts for goods commonly procured by all counties Quality standards and tools for public works Service delivery manual Any other templates that may be needed by the FCDC counties Training manuals (tailored to the context of FCDC counties) to be applied by mobile team Database of members of the mobile team who will deliver TA and training to counties. The database will provide information inter alia on the type of capacity building (TA, training), technical areas as well as level of expertise TOR for all members of the mobile team (this should be a model pool of highly qualified consultants to be rapidly deployed to FCDC) Experts of the mobile team hired Develop guidelines for RRA in FCDC counties in consultation with Ministry of Devolution and Planning RRA recommended September 2016 August 2016-May 2018 August September 2017 August 2016 August 2016 August 2016 June

9 Area Task Deliverable Timeline Adapting a ME&R mechanism that compares the progress on CIDP implementation and improvement of socio-economic development indices across the FCDC counties Guidance document for M&E mechanism agreed by participating counties in coordination with the Ministry of Devolution and Planning November 2016 Supporting member counties in development of policies that will incentivize and retain public servants to live and work in the FCDC counties in collaboration with the County Public Service Boards, Public Service Commission (PSC) and the Salaries and Remuneration Commission (SRC) Draft recommendations for discussion. An affirmative action plan to encourage recruitment of women, youth and people living with disabilities into the county public service November 2016 December 2017 Accelerate the socio-economic development of the FCDC counties Reviewing existing strategy and policy documents for the development of marginalized counties towards domesticating them in the FCDC counties within the new context of devolution Brief and list of existing strategy and policy documents for FCDC August September 2016 Mapping ongoing developmental support being provided by GoK and partners for FCDC counties, in coordination with WB consultants supporting the investment plan for FCDC Mapping of ongoing developmental support provided by GoK and partners for FCDC counties August September 2016 Involving key stakeholders, including government, private sector (e.g. Small and Medium Scale Industries operating in frontier counties) and civil society in the roadmap development process List of suggested stakeholders to be consulted Report on the inputs received during stakeholder workshops and their implications for the roadmap August December 2016 Incorporating into the FCDC development Roadmap, the WB Investment Plan on roads; water, irrigation and sanitation; agriculture; and livestock. WB Investment Plan incorporated into the Roadmap document January

10 Area Task Deliverable Timeline Developing a roadmap document with clear actions towards socio-economic development in FCDC counties anchored in county planning and budgeting (including CIDPs) Roadmap document for accelerated socioeconomic development of the FCDC counties February 2017 Increase citizens participation in FCDC counties Developing mechanisms for citizens participation in development initiatives Public participation guidelines adapted to FCDC counties June December 2017 Developing, implementing, and evaluating the impact of appropriate civic education programmes Civic education carried out and impact assessed January 2017 December

11 9. Payment 18. The daily rate of the consulting firm shall be determined based on the World Bank s rules and regulations as outlined under section nine above. 19. Payments will be aligned to the deliverables as outlined in Table 1, see payment schedule in Table 2 below. 20. In addition, reimbursement of eligible expenditures incurred on operational costs will we made upon submission of a financial report, an invoice and receipts. Activity Output Timelines Payment Schedule Upon signing of contract and submission of 6- month work plan Establishment of the FCDC Secretariat Work-plan August % Initial Staff recruited August % An advisory committee to FCDC identified September2016 Provision of surge capacity to county governments Developing a roadmap document with clear actions towards socioeconomic development Increasing citizen participation in FCDC development initiatives A database of experts who can be mobilized on demand developed TORs for members of the mobile team drafted A mechanism for rapid deployment of experts to FCDC counties designed A roadmap document for socioeconomic development of the FCDC counties drafted Guidelines on citizen participation adapted to FCDC countries October 2016 September 2016 September 2016 June % June Required qualifications 21. The required qualifications of the consultancy firm must include a sufficient team of qualified advisers: Master degrees of lead consultants in relevant areas, including economics, political science, law, organizational development, business administration, communications, media; Extensive global work experience in the area of decentralization/devolution, specifically in the context of marginalized areas; At least 15 years of relevant experience of the lead consultant; 11

12 At least 10 years of relevant experience of the other consultants; Extensive knowledge of Kenya and the Kenyan devolution process, including demonstrated in-county working experience in marginalized counties; Proven experience in in-county capacity development, including training of county officials and technical assistance; Proven experience in drafting official government documents and operational manuals; and Fluency in English and the ability to write concisely 12