Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698833355840.pdf (Sierra Leone)
PROTOCOL OFAGREEMENT AIV1ONGST THE REPUBLIC OF SIERRA LEONE AI\'D THE .A,FRICAN DEVELOPMENT FUND ANI) THE AFRICAN DEVEI,OPMENT BANK (RURAL WATER SUPPI,Y AND SANITATION PROJECT) PARLIAME NI I.,BRA I IOWEfi H'T[ fR 5Fl0lYir, RWSSI IT PROTOCOL OT'AGREEMENT AMONGST THE REPUBLIC OF SIERRA LEONE AND THE AFRICAN DEVELOPMENT FUND AI{D THE AFRICAN DEVf,LOPMENT BANK (RURAL WATER SUPPLY AND SANITATION PROJECT) RECEIyED (t) ONE DULY EXECUTOD ORIGINAL OF THE ABOVE TVIENTIONED PROTOCOL OF AGREEMENT ON BEHALF OF TTIE REPUBLIC OF SIERRA LEONE NAME | 3/V hrt /{vtx-r 5 TITLE : li:xr p p $vl rc..t r 5i rL .
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/1 I '0 T) [, ^-,1tougi' i-vl LU ("c^ .L( Z, f ccr | '*'r\t i J SIGNATURE : COUNTRYT 5t L:'tt-FA [-3n'"rr DATE : z$ (rylrll PROTOCOL OF.
{GREEMENT AMONGST ,THE REPI"'BLIC OFSIERRA LEONE AND THE AFRICAN DEVELOPMENT FI,JI\D AND TIIE AFRICAN DEVELOPMENT BANK (RURAL WATER SUPPLY A-IID SANITATION PRO.TECT) PROJECI ID N" : P-SLE00-003 GRANTNo :58fi)155fi)tl5l This PROTOCOL OF AGREEMENT (hereinafter called the "Agreement") is entered into this 2LdG day of oc-To6E-F- 2013 between the REPUBLIC OF SIERRA LEONE (hereinafter referred to as the "Recipient") and the AFRICAN DEVELOPMENT FUND and the AFNCAN 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 Multi-donor Grant Arrangement, part ofthe foreign currency costs and part of the local cumency costs of the Rural Water Supply and Sanitation Project (hereinafter referred to as the "Project"), by providing a Grant to the Recipient in the amounl specified hereunder; r -) - 2.
WHEREAS the Grant will be provided from the resources of the Rural Water Supply and Sanitation lnitiative Trust Fund (*RWSSI Tnst Fund'); 3.

WHEREAS tbe Pmject is being co-financed by the United Kingdom Department for Intemational Development C'DFID") and the Global Environment Facility ("GEF"); 4.

WHEREAS the Recipient has declared its commitment to the execution of the Project; 5.
WTIEREAS the Project is technically feasible and constitutes a suitable basis for hnancing under the activities of the RWSSI Trust Fund; 6.

WHEREAS the Recipient's Sierra Leone Water Company (hereinafter referrcd !o as "SALWACO") shall be the Executing Agency for the Projecq NOW THEREFORE the panies hereto hereby agree as follows: ARTICLE I GENERAL COIYDITI ONS.

DIFINITTONS Section 1.01.

General Conditions.


The parties to this Agrrcment accept all the provisiors of the General Conditions applicable to Protocols of +- \ F I I I I I I I I I -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 I .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 fo(h. ARTICLE II THEGRANT Section 2.01, Amount, The Barrk agrees to grant to the Recipient, from the resources of the RWSSI Trust Fun4 an amount in various convertible currencies not exceeding Five Million Three Hundred Thousand Euros (EUR 5,300,000), Section 2.02.

Purpose.
Purpose.

The purpose ofthe Grant is to finance part of the foreigp currency costs and part of the local curency costs of the Project described in Annex I of this Agreement.

Section 2.03.

Allocatiou.

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

+- -I l l I I I I I I I J. t t L L L L L L L -4- ARTICLE III CONDITIONS PRECET) ENTTO ENTRY INTO FORCT] Section 3.01.

Conditions Precedent to Entry into Force.


This Protocol of Ageement shall enter into force upon its signahre.

ARTICLE IV CONI}TII ON PRECEDENT TO }-IRST DISBTJRSEMENT Section 4.01.

Conditions Precedent to First Disbursement.
The obligation ofthe Bank to make the first disbursement of the Grant shall be conditional upon entry inlo 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 substance acc€,ptable to the Bank: (i) that GEF has committed to finance the Project and the Recipient has made appropriate afangements to cover any financing gap resulting from the failure to obtain GEF's commitment; and (ii) of having opened a convertible United States Dotlar foreign cun€ncy special account at a bank acceptable to the Bank for the deposit of the proceeds of the (irant and a local currency account fbr deposit ofcounterpan 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, five (5) Technical Field Oficers 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 of the approval of its Medium I'erm Budget Framework for 2O17-2019, confinning that an amount of Three Hundred and Ninety 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 DISBURSEMENTS AND APPLICATION OFAMO DISB[JRSEI) t- Section 6.01.

Disbursements.
Disbursements.

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

Section 6.02.

Closing Date.


31n December 20lE or such later date as shall be agreed between the Recipient and the Bank is specified for the pqposes of Section 5.03 paragraph l(g) of the General Conditions as the fural date of disbursement of the Grant.

Section 6.03.

Aoolication of Disbursements.

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

ARTICLE YII PROCUREMENTOFWORKS AND SERVICES Section 7.01.
Procurement of Works.

Works necessary for the execution of the Project will be procured in accordance with the Bank's Rules and Procedures for Procwement of Goods and Works, dated May 2008, 4- \ -1- revised July 2Ol2 a.s amended from time to time; and as further set out below: (i) The procurement of civil works shall be by Natrpnal_eolqpgdliyg Bidding (NCB).

Section 7.02.

Procurement of Services.
Services necessary for the execution of the Project will be procr.tred in accordance with the Bank's Rules ard Procdures for the Use of Corcultanls, dated May 2008, revised July 2012 as amended from time to time, and as fuither set out below: (i) Procurement of consulting services for rural water supply and sanitation pnogramme developmenq technical assistance for implementation support and technical assistant sector coordination and management will be carried out by consulting, fimrs" The process for selecting firms shall be through Short Listing and the method for evaluation is the Qualiw and Cost Based Selection (QCBS).
(ii) Procurement of consulting services for hydrogeological rnapping will be caried out by consulting finnVspecialized institutions.

The process for selecting firms shall be through Short Listing and the method for evaltration is the Ouality Based Selection (QBS).
r -8- (iii) The procurement of consulting services including communit mobilisation and empowerment, community led total sanitation mobilisation, water and sanitation technical and business skills training for youth and training of artisans will b€ carried out by Non-Govemmental Organizations (NGOS).

The pnrcess for selecting NGOS shall be through Short Listing and the method for evaluation is the Ouality and Cost Based Selection (QCBS).
(iv) Services for baseline survey and impact studies will be carried out by Statistics Siena Leone who will be procured through Sinele Source Selection (SSS) method.

(v) Sector coordination and management support related to conduct of annual reviews, rl id-1"rm review, project completion report and flagship studies shall be undeftaken by Individual Consultants and they will be selected thmugh the Bank's procedure Otthe selection of indLvidual consultants.
(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 Sinslc Sourc lng.

+- {.. -9- (vii) Services for the annual and technical audits shall be procured through Short Listing and the method of selection shall be Least- Cost Selection (LCS) of qualified firms.

(viii) Short Lists comoosed entire of National or Resi onal Consultants.
Short lists of consultants for services estimated to lv I I I 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 equal to or less than UA 70,000 for which pOS!_feyiqw ures shall aPpiv.

ARTICLE VIII MISCELLANEOUS 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 of the Recipient.

^l_- I \ -10- Section 8,02.


Date of the Asreement.

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

Section 8.03.

Addresses.


The following addresses are specified for purposes of Section 9.01 ofthe General Conditions: For the Recipicnt: Meil Address: Minister of Finance and Econornic Development Ministry of Finance and Economic Development Treasury Building, George Street Freetown SIERRA LEONE Telephone Fax E-mail : (232)22.22.58.26 : (232)22-22.8a-72 : ekoroma and For the Bank: m I .corTt Mail Add rrss headquorters A frican Development Bank 0l^B.P.
1387 -Abidjan 0l COTE DIVOIRE Cable Address : AFDEV ABIDIAN Telex Address : 2371712349E Telephone :(225)2Q2O 40 47 Fax :(225)203265 45 And Temporarily atTemporary Relocstion Agency Aftcan Development Bank 13, Avenue du Ghana B. P. 323, 1002 Tunis Belvedere TTINISIA Telephone : (216)71333 5l I 71 102 055 :(216)71351933 7t 102679 Fax r - ll - IN WITNESS WHEREOF the Recipient and the Bank, each acting through its authorized representative, have signed this Agreement in two (2) equally valid originals in English on the date first above written.
FOR THE REPT,rBLIC OT SIERRA LEONE 7, I + KAIF J drU MARAH MINISTEROF FINANCE AND ECONOMIC DEVELOPMENT FOR TIIE AFRICAN DEVELOPMENT FI..IND ANI) THE AFRICAN DEVELOPMENT BAI{K YEROBALDEH RESIDENT REPRESENTATIVE SIERRA LEONE COUNTRY OFFICE -t2- ANNEX I PRO.JECT DESCRIPTION The objective of the project is to: (i) incrcase sustainable .rccess to safe water and basic sanitation in rural areas, and (ii) develop a comprehensive national framework for rural waler supply and sanitation investn'tents.
Ttre project will benefit an estimated 625,0O0 rural Sierra Leoneans, and result in nine pertentage points increase in safe'urater coverage, including restored access, and at least six percentage poins incrcase in improved sanitation ooverage, besides a better managed sector and improved knowledge, attitr.rdes & practiccs of Ore primary beneficiaries.
Thc proj ect will be implemented in four componens as follows: Componetrt oamc Water Supply and Sanitation lnfrastructure Component Description aod tctivitles The objecrive of this component is !o provide water supply and sanitation infiastructure.

The following will be financcd: r Rehabilitation of old water points & construction of handdug wells and spring boxes, 84 boreholes, rainwater lurvesting systems; and Gravity Flow Schemes and solar power pumped schemes.

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Construction of sanitation facilities, including EcoSan toilets in public institutions: o Establishment of climate risk management inlrastructure, including 100 rain-gauging stations and 20 surfacc and growrdwater monitoring stations National Program Development The objective of this component is to develop a comprehensive framework to facilitate effective sector management and resource mobilisation.
The following will be undertaken: o Nationa.l Rural Water Supply and Sanitarion kogram development Capacity Building and Resource Mobilisation Conference.

This component includes a broad set of capacity development activities tha!

when considered collectively, will pmvide for durability and continued use of the infrasuuctue put in place by rhe project and thereafter.
The follorring activities will be undertaken o Training of profe ssionals, including WASFI" watcr rcsources management and climate change; o Training of small scale service providers, including pump mechanics and other anisans for infrastrucore construction & maintenance: .

Strengthening of CBOs.
including Training and supporting \ -13- Community leaders & Sanitation and Hygiene Education Trainers o CLTS triggcring & monitoring, WASH and Climate Change Adaptation education and sensitization at cornmunity level, including schools, and the sctring-up and training of care-talser Committees o Sanitationmarketing; r Casc studies, including technical and value for money audits o Cmurd water mapping and monitoring, and development of guidelines for constuction of water and ssDitation facilities; .
Support to WASH stakeholder coordination and provision of field and offrc€ equipment and toolsl .

lmplementation stryport and on-the-job training through Technical assistance for District Comcils, WD, SALWACO and LGFD.

o Sector coordination and development support, including Annual Sector Reviews (ASRs).
r Overall project coordiration and administration; o Technical Oversight and quality assurance; r Supervision of service providers, Monitoring & Evaluation and Reporting, including Environmental and Water Quality Monitoring.
Project Managemert The project will be financed as follows: ADF Lorn: Activities to be flDanced liom the ADF loan include design and constnrction of water supply and sanitation inliastructure; community mobilisation and empowermem; Commwrity Led Total Sanitation and Technical Assistance for implementation suppon ADF Grrnt will finance construction of water supply facilities including borcholes and solar polver€d prrnped schernes, sector coordination and management support activities.
training of sector professionals aod project operational cxpenses including performance based and project operational costs.

FSF Grenr resowces will be utilised for frnancing the rehabilitation of water supply facilities.
DFID grant resources channelled tluough the FSf wi[ fmance construction of new water supply and sanitation infrasnrcture, technical assistance, community mobilisation and empowerment activities, including youth trainingi Commudty Led Total Sanitarion activities; Monitoring and evaluation activities including snrdies and technical audits.

Resources will also bc used for financing project operational costs.
RWSSI-TF Rcrources will be utilised for financing infrastructure design and construction; construction of the sanitation facilities; lechnical assistance and other +- I -14- capacity buildirg activities including prog(unme development, hydrogeological mapping, sector coordination arrd managemenl, community mobilisation and efirlp\ryerrnent.

Community Lcd I'otal Sanitation and youth mobilisation.

Grant .esources will also b€ used to finance Operational costs including monitoring & evaluation activities.
Globel Envlronmeot Frcility (GEF) Gnut resources will be used for financing climate risk management fufrastruchre activities including: design and supervision of installation of surface and ground water monitoring equipment and construction of rainwater harvesting facilities; and community sensitisation 8nd training as well as training of waler resouc€s management related climate risk management professionals.
+- - l5- ANNEX IT ALLOCA'rION OF THE GRANT The present Annex indicates the categories of expenditure to be financed out of the resources of the Grant and the allocation of resources to each categ,ory fi nanced therein.

Catesories of f,rpcoditu res G!_s!U!sn EUB9) Categories of Expenditure Local Foreign Total I.

Civil Works 0.328 0.922 1.250 2.

Coods 2.

Services 3.


Operating Costs Total 0.023 | 0.023 t.420 I 2.207 3.627 i 0.400 2.148 I 0.400 3.r52 5.300 I +- PITLIAMENT LISiA RYt I IOWER HIII- FiEETOIIN; -