Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698833184831.pdf (Sierra Leone)
o€vfl q 'o PROTOCOL OF AG REEIV1ENT AMONGST THE REPUBI,IC OF SIERRA LEONE AND THE .

{FRICAN DEVELOPMENT FUND AND THE AFRICAN DEVELOPMENT BANK (RURAL WATER SUPPLY AND SANITATION PROJECT) MENT LIIT rf, :f!
?ri LIA TOlAlE!r llltL E t RWSSI IT PROTOCOL OF AGREEMEN'I' AMONGST TIIE, REPUBLIC OF SIERRA LEONE AND THE AFRICAIY DEVELOPMENT FUI\D AIID THE AFRICAN DEVELOPMENT BANK (RURAL WATER SUPPLY AND SANITATION PROJECT) RECEIVED (I) ONE DULY EXECUTED ORTGINAL OF THE ABOVE IT'IENTTONED PROTOCOL OFAGREEMENT ON BEHALF OF TTIE REPI.JBLIC OF SIERRA LEONE NAME z 3/V t-zr ,ffii,tt,;r TITLE : !-:ir 1p .

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'\ ( !f lv: Lu r-ra +t{ \'- L,zt-1.,t<.1 /1 SIGNATURE : COUNTRY : StL-tt&A l--3r.r5- DATE: zc{ry_lt4 PROTOCOL OF .
{GREEMENI' AMONGST .fHE REPI'BLIC OF SIERRA LEONE AND THE AFRICAN DEVELOPMENT FI,JND AND THE AFRICAN DEVELOPMENT BANK (RURAL WATER SUPPLY AIYD SANITATION PRGIEC'T) PROJECI ID N" : P-SLE0O-003 GRANT No : 58{X}l55ffll5l This PROTOCOL OF ACREEMENT (hereinafter called the "Agreement") is entered into this duy of cc-To6E-'R- r. r tJO 2013 between the REPUBLIC OF SIERRA LEONE (hereinafter referred to as the "Recipient") and the AFRICAN DEVELOPMENT FUND and the AFRICAN DEVELOPMENT BANK (collectively, referred to hereinafter as the "Bank").
l. WHEREAS the Recipient has requested the Bank to finance, from the Rural Water Supply and Sanitation Initiative (RWSSD Multidonor Grant Arrangement, part ofthe foreign currency costs and part of the local currency costs of the Rural Water Supply and Sanitation Project (hereinafter refered to as the "Project"), by providing a Crant to the Recipient in the amount specified hereunder; r -?- 2.
WHEREAS the Grant will be provided from the resources of the Rural Water Supply and Sanitation lnitiative Trust Fund (*RWSSI Trust Fund"); 3.

WHEREAS the Project is being co-financed by ttre United Kingdom Departrnent for lntemational Development (*DFID") and the Clobal Environment Facility ("GEF"); 4.

WIIEREAS the Recipient ha-s declared its commitment to the execution of the Projecq 5.
WHEREAS the Project is technically feasible and constitutes a suitable basis for frnancing underthe activities of the RWSSI Trust Fund; 6.

WHEREAS the Recipient's Sierra Leone Waler Company (hereinafter referred !o as "SALWACO') shall be the Executing Agency for the Projecq NOW TIIEREFORE the parties hereto hereby agree as follows: ARTICLE I GENERAL CONDITI oNS-DE FtNlrtoNs Section 1.01.

General Conditions.
General Conditions.

The panies to this Agreement accept all the provisions of the General Conditions applicable to Protocols of Y \ F I I I I t t I I IL -3 time to time (hereinafter referred to as the "General Conditions") with the same force and effect as if they were fully set forth herein.

Section 1.02.

Definitions.

Whenever used in this Agreement unless the context otherwise reguires, the several terms defined in the General Conditions shall have the respective meanings therein set forth.
ARTICLE U THEGRANT Section 2.01.

Amount.

The Barrk agrees to grant to the Recipient, from the resources of the RWSSI Tnrst Fund, an amounl in various convertible currencies not excceding Five Million Three Hundred Thousand Euros (EUR 5,300,000), Section 2.02.

Purpose.

The purpose of the Grant is to finance pan of the foreign crurency costs and part of the local curency costs of the Project described in Annex I of ttris Agreement.

Section 2.A3.

Allocation.


The Grant shall be allocated to various categories of expenditure ofthe Project in confonnity with Annex II of this Agreement.

+- I I t t t L L -4- ARTICLE ITT COI\IDITIONS PRECEDENTTO ENTRY INTO FORCE Section 3.01.

Conditions Precedent to Entry into Force, This Protocol of Agreement shall enter into force upon its signature.

ARTICLE IV CONDI'TION PRECEDENT TO FIRST DISBURSEMENT Section 4.01.
Conditions Precedent to First Dsbursement, The obligation of the Bank to make the first disbursement of the Grant shatl be conditional upon entry into force of the Agreement in accordance with Section 3.01 above and the following conditions, namely, the Recipient shall have provided evidence in form and subsance acceptable to the Bank: (i) that GEF has committed to finance the Project and the Recipient has made appropriate arangernents to cover any financing gap resulting from the failure to obtain GEF's commitment; and (ii) of having opened a convenible United States Dollar forcign currency special account at a bank acceptable to the Bank for the deposit of the proceeds of the (irant and a local currenc-v account fbr deposit of counterpan t'unds.
+- -5- Section 4.02.

Other Conditions.

The Recipient shall provide: (i) by 30 June 2014, evidence of the approval of the revision of the SALWACO Act of 2001 by Parliament and the transfer of five (5) Extension Engineers, Iive (5) Technical Field Officers and five (5) Assistant Executive Engineers from the Water Directorate of the Ministry of Water Resources to SALWACO in accordance with the transfer of rural water supply services technical support and supervision mandate under the revised SALWACO Act.
(ii) by 3l December 2016, evidence ofthe approval of its l\{edium l'errn Budget Framework for 2O17-7019, confirrning that an amount o[ Three Hundred and Ninery Seven Thousand Units of Account (UA397 000) has been budgeted for the maintenance of project infrastructure beyond user community capacity.

ARTICLE V UNDERTAKING Section 5.01.

Undertakine.


The Borrower hereby undertakes to implement and report on the implementation of the Environmental and Social lmpact Assessment and the Environment and Social Management Plan on a quarterly basis in form acceptable to the Bank.

+- -6- ARTICLE VI DISBURSEMENT!

; APPLICATION OFAMOUNTS DISBURSED Section 6.01.

Pisbursements.
Pisbursements.

The amount of the Grant shall be disbursed by the Bank, zubject to the provisions of this Agreement and the General Conditions, for the purposes set forth in this Agreement for expenditures made in respect of the cost of works and services requircd for the Project and to be financed urder this Agreement.

Section 6.02.
Section 6.02.

Closing Date, 3I't Ilecember 2018 or such tater date as shall be agreed between the Recipient and the Bank is specified for the putposes of Section 5.03 paragraph l(g) ofthe General Conditions as the fmal date of disbursement of the Grant.

Section 6.03.

Aoolication of Disbursements.

Amounts disbursed on account of this Agreement shall be applied by the Recipient solely for the purposes for which they were disbursed.

ARTICLE VIT PROCTJREMENT OF WORXS AND SERVICES Section 7.01.
Procurement of Works.

Works necessary for the execution of the Froject will be procured in accordance with the Bar&'s Rules ond Procedures for Procurement of Goods and Works, dated May 2008, t- \ ,| rwised July 2Ol2 as amended from time to time; and as further set out below: (i) The procurement of civil works shall be by National Competitive Biddine (NCB).

Section 7.O2.

Procurement of Services.
execution of the Froject will be procrned in accordance with the Bank's Rules atd Proce&res for the Use of Consultants, dated May 2008, revised July 2Ol2 as amended from time !o tirne, and as furtrer set out below: Services necessary for the (i) Procurement of consulting services for rural water suppiy and sanitation programme development, technical assistance for implementation support and technical assistant sector coordination and management will be carried out by consulting Iimrs The process for selecting firms shall be through Short Listing and the method for evaluation is the Quality and Cost Based Selection (QCBS).
(ii) Procurement of consulting services for hydrogeological mapping will be carried out by consulting frmVspecialized institutions.

The prccess for selecting firms shall be through Short Listing and the method for evaluation is the Ouality Based Selection (QBS).

r -E- (iii) The procurement of consulting services including cornmunit mobilisation and empowermen!
community led total sanitation mobilisation water and sanitation technical and business skills training for youth and training of artisans will be carried out by Non-Govemmental Organizations (NGOS).

The prrcess for selecting NGOS shall be through Short Listingand the method for evaluation is the Oualitv and Cost Based Selection (QCBS).

(iv) Services for baseline survey and impact studies will be carried out by Statistics Sierra Leone who will be procured through Sinele Source Selection (SSS) method.
(v) Sector coordination and management support related to conduct of annual reviews, rn id-term review, project completion rcport and flagship studies shall be undertaken by Individual Consultants and they will be selected through the Bank's procedure for the selection of individual consulunts.

(vi) The procurement of training including short-term local and regional professional trainings will be carried out by specialist institutions and universities.
The selection method chosen shall be Sin e Sourcin +- \ I i -9- (vii) Services for the annual and tecbnical audits shall be procured through Short Listing and the method of selection shall be Least- C ost Selection (I-CS) of qualified firrns.

(viii) Short Lists composed entirely of National or Reqional Consultants.
Short lists of consultants for services estimated to cost less than UA 200,000 equivalent per contract for firms and UA 50,000 equivalent for individual consultants may be composed entirely of national or regional consultants in accordance with Rule 2-7 of the Rules and Procedures for the Use of Consultants.

Section 7-03. Review Procedure.

All contracts for works and services shall be subject to prior review by the Bank except for works with a contract value egual to or less than UA 70,000 for which pgg!
reviq!

procedures shall apply.

ARTICLE VIII MISCELLA.I{EOUS Section 8.01 .

Authorized Representatives.

The Minister of Finance and Economic Development or any other person as the Minister may designate in writing shall be the authorized representative ofthe Recipient.

\ -t0- Section 8.02.

Date of the Aereement.

The date of this Agreement shall be the date provided in the opening sentence ofthe prearnble hereof.

Section 8.03.
Section 8.03.

Addresses, The following addresses are specified for purposes of Section 9.01 of the General Conditions: For the Recipient: Meil Address: Minister of Finance and Economic Development Ministry of Finance and Economic Development Treasury BuiiCing George Street Freetown SIERRA LEONE Telephone Fax E-mail : (232)22.22.58.26 : (212)22-22.M.72 : ekoroma@mofed.gov.s[ and marahkml@vahoo.com Mail Address headguarters African Development Bank 0t B.P.
1387 -Abidjan 0l CO'TE D'IVOIRE Cable Address : AFDEVABIDJAN TelexAddress :23717D349E Telephone : (225)2020 40 47 Fax :(225)203265 45 For the Bank: And Temporarily etTempomr?

Reloc8tion Agency Aftcan Development Bank 13, Avenue du Ghana B. P. 323, 1002 Tunis Belvedere TI.INISIA Telephone :(216)71333511 7l t02055 :(216)71351933 71102679 Fax '\,' r - ll - IN WITI\ESS WHEREOF the Recipient and the Bank.
each acting through its authorized representative, have signed this Agreement in two (2) egually valid originals in English on the date first above written.

FOR TIIE REPI.
FOR TIIE REPI.

'BLIC OF STERRA LEONE v' Ii $rL MARAH KAIF MINISTEROF FINANCE AND FCONOMIC DEVELOPMENT FOR THE AFRICAN DEVELOPIIIENT FUND ANI) THE AFRICAN DEVELOPMENT BANX YEROBALDEH RESIDENT REPRESENTATIVE SIERRA LEONE COUNTRY OFFICE -t2- ANNEX I PROJECT DESCRIPTION The objective of the project is to: (i) increase sustainsble access to safe water and basic sanitation in rural areas, and (ii) develop a comprehensive national framcwork for rural water supply and sanitation investuents.
The project will benefit an estimated 625,0fi) rural Sierra Leoneans, and result in nine percentage points increase in safe water coverage, including restored access, and at least six percentage poins lncrease in improved sanitation coverag€, besides a beoer rnanaged sestor and improved knowledge, attitudcs & practic€s of the primary bene{iciaries.
The project will be implemented in four components as follows: Conponert oatrte Water Supply and Sanitation lnfrastructure Comporent Descriptioo aod rctivities The objecdve of this component is to provide water supply and sanitation infrasuucture.

The following will be financcd: r Rehabiliarion of old water pints & construction of hand{ug wells and spring boxes, E4 boreholes, rainwater harvesting systemsi and Gravity Flow Schemes and solar power pumped schernes.

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Construction of sanitation facilities, including EcoSan toilers in public institutions: r Establishment of climate risk management infrastrucuue, including 100 rain-gauging stations and 20 surfacc aad growrdwater monitoring stations National Program Development Thc objective of this component is to develop a comprehensive framework to fBcilitate effective sector management and resource mobilimtion.

The followirg will be undertaken: .


National Rural Water Supply and Saniurion kognm development Capacity Building and Resource Mobilisation Confcrence.

This component includes a broad set of capacity development activities that' when considered collectively, will provide for durability and continued use of the infrastructure put in place by rhe project and thereafter.

Thc following activities will be undertaken o Tmining of professionals, including WASH. water nesources management and climate changp; .
Training of small scale service providers, including pump mechanies and other artisans for infrastrucore construction & maintenance: e Strengthening of CBOs.
including Training and supporting \ -13- Community leaders & Sanitation and Hygiene Education Trainers r CLTS triggering & monitoring, WASH and Climale Change Adaptation education and sensitization at conununit-v level, including schools, and lhe sctting-up and tra.ining of care-taler Commitlees o Sanitationmarketing; r Case sodies, irrcluding technical and value for money audits .

Gmund water mapping and monitoring, and development of guidelines for construction of water and sanitation facilities; .
Support to WASH slakeholder coordinalion and provision of field and office equipment and tools; .

Implementation support and on+he-job training through Technical assistance for District Councils, WD, SALWACO and LGFD.

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Sector coordination and development support, including Annual Sector Reviews (ASRS).
e Overal I project coordlnation and administration; r Technical Oversight and quality assurance; o Supervision of sewice providers, Monitoring & Evaluation and Reporling, including Environmenlal and Warer Quality Monitoring.
Project Mansgement The project will be financed as follows: ADF Lou: Activities to be financed fiom the ADF loan include design and construction of water supply and sanitation inliastructure; community mobilisation and ernpowerment; Community Led Toul Sanitation and Technical Assistance for implementation support ADF Grent will linance construction of water supply facilities including boreholes and solar powered pumpd schemes, sector coordination and management support activities.
training of sector professionals and project operational expenses including performance based and project ope(ational costs.

FSF Grent r€sources will be utilised for financing the rehabilitation of waler supply tacilities.
DFID grant resources channelled rluough the FSF will finance construction of new water supply and sanitation i[frastnrcture, technical assistance, community mobilisation and empowerment activities, including youth trainingi Community t ed Total Sanitation activities; Monitoring and evaftution sctivities hcluding snrdies and technical audits.

Rcsources will also be used for financing project operational costs.
RWSSI-TF Resourcs will be utilised for financing inliastructue design and construction; construction of the ssnitation facilities; technical assistsnce and other i l +- -14- capacity buitding activities including prograrnme development" hydrogeological mapping, sector coordination and managemenl, cotrununity mobilisation and cmpowermen!

Com&unity led Totat Sanitation and youth mobilisation.

Grant reliources wil.l also be used to finance Operational costs including monitoring & evaluation activities.
Globel Eavinonmcnt Fscility (GEF) Gnnt resources will be used for finarcing climate risk management infrastnrcture activities including: design ard supewision of installation of surface and ground waler monitoring equipment and construclion of rainwater harvesting facilities; and community sensitisation and training as wetl as trailing of water resourcrs management related climale risk management professionals.
+- -15- ANNEX II AI-LOCATION OF THE GRANT The present Annex indicates the categories of expenditure to be financed out of the resources of the Crant and the allocation of resources to each category fi nanced therein.

Categories of Expeoditu res n million ETIRO Categories of Expenditure Local Foreign Total I I l. Civil Works 0.328 0.922 1.250 2.

Coods I 2.

Services 3.


Operaring Costs Total 0.023 0.0?3 l 420 I I 2.207 3.627 0.400 2.1€ 0.400 5.300 3.rs2 I | +- !ennutnueuT LIBRAnY , rower, Hlli tiEEToWN -,--.--