Background

Within its overall governance efforts, UNDP is implementing the Swiss Development Cooperation (SDC) Project “Empowering Municipal Councils” with the overall objective to empower municipal councils in order to become active in exercising their roles of oversight and representation thus making municipal government more accountable and effective in meeting the needs of the citizens.

The expected outcomes from the project implementation are: 

• Outcome 1: Municipal councils become more autonomous bodies, better able to withstand the executive’s influence, by properly fulfilling their constitutionally assigned roles of oversight and representation.
• Outcome 2: Municipal policies are designed in a participatory manner to better meet citizens’ needs through increased transparency and accountability of municipal bodies. 
• Outcome 3: Improvements of the legal and institutional framework within which municipal councils function are initiated and sustained through a functional and institutionalized national network of councillors.

This particular assignment closely relates to the outcome 3 of the project.

One of the specific project objectives is to design, build and expand a network among council members from different municipalities, as a way of improving horizontal communication and cooperation and promote the formulation of joint positions on common needs and interests regardless of their political party affiliations. Together, the council members can then push for legislative and practical changes needed for municipal councils to function more effectively.

The project will organize three types of networking: face-to-face thematic networking events; virtual peer groups organized through the e-learning platform; and cross-border cooperation with peers across the region. The networking will be coordinated through the Committee of Councils (CoC) of the Association of Local Self-Government Units (ZELS). Depending on the needs and the specific weight of the questions, thematic events will be organized for the presidents of the councils of all municipalities and for the chairpersons of the Financing and Budget Committees, Equal Opportunities Committees, Inter-Community Relations Committees and other committees under the councils of the local self-government units (eg. urban planning, social services). 

The networking events will be structured around the key challenges identified by the council members themselves during the baseline assessment implemented in the preparatory phase of the projects. These main challenges include:

• General challenges related to the overall systemic deficiencies in the normative and institutional framework for the implementation of the councillor’s mandate; deficiencies in existing capacities, lack of training opportunities, complex and weak internal structural and functional relations; inconsistent opportunities and mechanisms for interaction with citizens.
• Challenges related to the oversight of the financial aspects of the work done by the municipal executive bodies: marginal role of the councillors in budget preparation and monitoring, insufficient cooperation with the mayors and the municipal administration in that work; lack of specific skills for performing these functions; weaknesses in the internal financial control and audit; lack of preventive mechanisms and tools for the Councils to exercise oversight position etc.
• Challenges related to the functioning of the Equal Opportunity Committees/Inter-Community Relations Committees: lack of capacities and skills within the Committees to properly discharge their roles, inappropriate budgeting for the activities proposed by the two committees despite the existing action plans and other policies and measures; logistical challenges related to the work of both committees; underestimation of the systemic role of these committees.

In addition to face-to-face events, virtual networking will be forged through the project web site and the e-learning platform. All council members from all local self-government units will be invited to join a “councillors only” on-line club, so this will be open not only to the 24 selected councils that will participate in the classroom training and the grants scheme, but for all councils in all 81 municipalities.  Councillors will have access to all content and can elect to receive emails on news and events as well as prompts to engage in online activities.

In that context, UNDP wishes to identify an international consultant that will prepare a comparative review of the role of the councils in the local self-government to inform the networking discussions.

The consultant will report to the Project Manager and will work under the overall guidance of the Head of the Governance Unit  

Duties and Responsibilities

The overall objective of the assignment is to create informed basis for discussions within the framework of the municipal councillor’s network regarding their core mandate and functions, the modalities of formal and informal organization (networks, working groups etc.) and the likelihoods for adjustment of the legal and institutional framework to applicable international good practice and standards.

The comparative review of the role of the councils in the local self-government will be presented and discussed during the first policy workshop of the councilor’s network with participation from national authorities and other relevant institutions, which is to be held in the second half of January 2017.

The comparative review will be used as a background material to inform the discussion during the networking events for councillors for the whole duration of the project.

Tasks (Scope of Work)

The consultant is expected to complete the following tasks:

• Desk review of comparative practices and models (home based, estimated 10 days in total in the period 01 November – 15 December 2016)

The home based desk work shall include review of the legislative and institutional frameworks of the local government with a focus on the scope of competencies of the municipal councils in at least 5 states (2 bordering states, 1 from the broader region of South-East Europe and 2 EU member states). 

The primary focus of the work will be on the main elements defining the municipal council’s mandates and functions. Indicative list of comparison indicators is attached as Annex I to this ToR.

One in-country missions (estimated 5 days in total, to be realized in the period between 10  - 20 January 2017)

During the in-country mission, the consultant shall work closely with UNDP and the relevant institutions and stakeholders including relevant ministries (Local Self-Government and Finance) and the Association of Local Self-Government Units (ZELS) towards finalization of the comparative review of the role of the councils in the local self-government and presentation of the findings and the recommendations during a policy workshop that will be dedicated to this topic.

During the mission, the consultant shall assist UNDP and the relevant stakeholders in better understanding and defining the essential aspects of the municipal councils mandate and functions and make them acquainted with the diversity of models and normative and institutional solutions.

During the mission, all other parameters and issues to be included in the final version of the comparative review will be explained and discussed with consultant so that the report takes due account of the overall framework and complementary objectives to be achieved.

• Preparing a comprehensive comparative review report of the role of the municipal councils (home based, estimated 5 days in total in the period between 20 – 31 January 2017)

Based on the comprehensive initial assessment and consultations, the consultant shall work on development of a comprehensive report that would aim to create informed basis for discussions within the framework of the municipal councillor’s network regarding their core mandate and functions and the likelihoods for adjustment of the legal and institutional framework to applicable international good practice and standards

The consultant shall take due account of the findings of the existing and planned efforts, relevant studies/reports, as well as the factors of relevance of intervention in respect of the decentralization process in the country and the ultimate goal of the project to contribute to  improved service delivery for the citizens. 

Upon submission of the draft report, the relevant stakeholders will provide comments/inputs that shall be reflected/incorporated in the document.

The following is the indicative content of the final Comparative Review Report:

•  Background (1- 2 pages);
•  Methodology (1- 2 pages);
•  Key findings from the desk review (20 - 25 pages);
•  Key findings from the in-country consultations and outcomes from the policy workshop (3 – 5 pages);
•  Conclusions and recommendations for optimization of the existing legal and institutional framework and its adjustment to  applicable international good practice and standards (3 - 5 pages);
•  Annex with a list of referent reviewed documents.

 Deliverables

The following deliverables are to be produced by the consultant:

• Draft List of Comparison Indicators, by 10 November, 2016;
• Draft Comparative Review Report including description of the background, the methodology and the key findings from the desk review, by 10 December, 2016 (first instalment payment milestone);
• Mission Report including the key findings from the in-country consultations and outcomes from the policy workshop, by 20 January, 2017;
• Final draft of the Comparative Review Report, by 25 January 2017;
• Final Comparative Review Report with addressed comments and suggestions of UNDP and the national and local stakeholders, by 31 January, 2017 (second instalment payment milestone).

The Comparative Review Report should be focused, concise and results-oriented, and not exceed 35 pages without annexes.During the entire consultative and drafting process and the provision of the deliverables, the consultant shall focus on the substantive aspects of the document in the context of the decentralization process in the country and the final goal of effective service delivery to the citizens, but also on quality of the writing, formatting and style of the document. 

 Reporting

Throughout the assignment, the consultant shall report to the Project Manager of the “Empowering Municipal Councils” project and work under the overall guidance of the Head of the Governance Unit UNDP. 

UNDP shall provide to the consultant electronic copies of all the relevant documents for the country, such as legislation, statistics and other materials/studies/reports (whenever available - in English), as well as answer to all assignment-related experts’ questions prior to the in-country mission. 

UNDP will prepare and organize the missions of the consultant, in coordination and cooperation with the relevant national and local institutions. 

Duration of assignment

The assignment shall be completed in the period from 01 November 2016 – 31 January 2017. 

The overall duration of the tasks covered by this ToR has been estimated to not exceed 20 days, including one (5 days) mission to the country and (15 days) related desk-work to review documentation and finalize the report. 

Payment schedule

The payment of consultants on SDC project will be upon completion of deliverables indicated in the TOR and certification of actual days worked. The deliverables should be linked with the working days. 

The payment will be on the basis of a daily rate (one day consisting of eight hours) indicated in the Individual Contract. 

First instalment: upon successful completing of the draft Comparative Review Report including description of the background, the methodology and the key findings from the desk review, realized until the end of December, 2016. 

Second instalment: upon successful completing of the in-country mission and approval of the final report, realized until 10 February, 2017.  

Travel fees 

For reimbursement of travel related expenses included in the signed contract, the consultant will need to submit a standard F10 form for payment of per diem and air ticket (boarding passes attached). The F10 will be authorized/signed by Project Manager. Per diem is paid for overnight stay only.

Competencies

•  Strong analytical skills;
•  Proven ability for multi-disciplinary analysis;
•  Demonstrates excellent organizational skills and proven ability to deliver consultancy products within deadlines;
•  Writes clearly and convincingly, adapting style and content to different audiences;
•  Speaks clearly and convincingly, demonstrating strong presentation skills in meetings;
•  Listens actively, acknowledging and responding constructively to other points of view.

Required Skills and Experience

Academic qualifications:

• University degree in relevant areas related to sub-national/local government legal, institutional and policy framework such as law, political, social and economic sciences. Higher degree (MA or PhD) will be an asset. 

Professional Experience:

• At least 10 years of professional experience in setting sub-national legal, institutional and policy frameworks and assisting related reforms;  
• At least 5 years of practical working experience as a consultant and advisor in international context and/or 10 years as a management-level official in the sub-national public administration; 
• Experience in conducting at least two similar assessments/drafting documents related to the role of the municipal councils in the sub-national/local government system;
• Experience and knowledge of the country would be an asset. 

Language Requirements:

• Excellent writing, editing and oral communication skills in English. 

Application procedure

Step 1:

•  Click on the "Apply now" button
•  Input your information in the appropriate Sections: personal information, language proficiency, education, resume and motivation; You can type in, or paste your short Resume into the last box;
•  Upon completion of the first page, please hit "submit application" tab at the end of the page. On the next page, you will be asked to upload other required documents listed in the step 2.

Step  2:

The system will allow only one attachment. Therefore please upload all documents listed below as one file.

The Consultant is expected to provide the following: 

•  A short summary (up to 1000 words maximum) of their expertise relevant to this assignment, the reasons why they consider themselves the best candidates for this consultancy; 
• Personal CV or P11, indicating all past experience from similar projects and contact details of the clients;
• Financial offer – specifying a total lump sum in USD for the deliverables (excluding local travel to the policy workshop venue) specified in the TOR. 

The financial offer shall include a breakdown of this lump sum amount:

•  number of working days in total and per deliverables;
•  daily fee in USD, “all inclusive”;
•  travel costs of travel from home base to Skopje (one travel), by most direct and economical route; 
•  and living allowance  for  5 days mission (one mission in total). Living allowance is recognized only for overnight stay in the duty station. 

Failing to submit any of these documents may result in disqualification of application

The term “all-inclusive” implies that all costs (professional fees, communications, utilities, consumables, insurance, etc.) that could possibly be incurred by the Consultant are already factored in the financial proposal. 

Expected local travel

For the purposes of the implementation of the assignment, the Consultant is expected to travel to the venue of the policy workshop that will be held in the country but might be located outside of Skopje.

Please note that UNDP will organize the local travel separately. 

Evaluation of offers

Consultants will be evaluated based on Combined Scoring Method taking into account a combination of the applicants’ qualification and financial proposal (70% technical and 30 % financial offer). When using this weighted scoring method, the award of the contract should be made to the supplier whose offer has been evaluated and determined as:

• responsive/compliant/acceptable, and
• Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation. 

Only the highest ranked candidates who would be found qualified for the job will be considered for the Financial Evaluation. 

Technical Criteria - 70% of total evaluation (max. 70 points):

• University degree in relevant areas related to sub-national/local government legal, institutional and policy framework such as law, political, social and economic sciences. Higher degree (MA or PhD) will be an asset (max. points 10)
• At least 10 years of professional experience in setting sub-national legal, institutional and policy frameworks and assisting related reforms (max. points 20)
• At least 5 years of practical working experience as a consultant and advisor in international context and/or 10 years as a management-level official in the sub-national public administration (max. points 20)
• Experience in conducting at least two similar assessments/drafting documents related to the role of the municipal councils in the sub-national/local government system (max. points 15)
• Experience and knowledge of the country would be an asset (max. points 5)

Only candidates obtaining a minimum 70% from the maximum available technical score (49 points) would be considered for the Financial Evaluation

The maximum number of points assigned to the financial proposal is allocated to the lowest price proposal and will equal to 30. All other price proposals will be evaluated and assigned points, as per below formula:

  30 points [max points available for financial part] x [lowest of all evaluated offered prices among responsive offers] / [evaluated price].

The proposal obtaining the overall cumulatively highest score after adding the score of the technical proposal and the financial proposal will be considered as the most compliant offer and will be awarded a contract.

Please note that shortlisted candidates might be interviewed. 

Annex I: Indicative list of comparison indicators of the Municipal Councils (MCs)

MCs and the local public finance management (PFM)

•  Legal framework – competencies/responsibilities of MCs in public finance
•  Role of the MCs in reviewing and adopting budget documents
•  Financial reports submitted to the MCs
•  Role of the MCs regarding external and internal municipal audit reports
•  Debt/arrears management oversight of the MCs
•  Role of the MCs in monitoring the realization of  the public procurement plan
•  Human resources management and their expenses oversight of the MCs
•  MCs public finance management oversight limitations

 MCs and the local good governance and democracy

• Structural relationship (division of competencies and decision making) of the MCs with the mayors, the municipal administration, the municipal public utilities and institutions (schools, kindergartens, homes for elderly, cultural institutions, fire-fighting brigades,etc.)
• The role of the MCs in in the municipal horizontal programmes and budget drafting process
• Standing Committess/Commissions or similar working bodies of the MCs
• Forms of acess to information and public involvement in horizontal programmes and budget preparation and the role of the MCs in the public consultations process
• Forms of direct communication (outreach) of the MSc with the general public and the CSOs/NGOs
• Gender, inter-ethnic and social inclusion programming and budgeting practices
• Attendance of MSCs and their working bodies sessions by the citizens/CSOs
• Tools for continuous measuring of the citizens satisfaction of delivered services