AttJ8_Draft_MOU_between_USAID_and_MPW_(for_information_only).pdf

For information only

MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN

THE GOVERNMENT OF LIBERIA (GOL) BY AND THROUGH THE

MINISTRY OF PUBLIC WORKS (MOPW)

AND

THE GOVERNMENT OF THE UNITED STATES (USG) BY AND THROUGH THE

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

(USAID)

IN SUPPORT OF

FEEDER ROADS ALTERNATIVE AND MAINTENANCE PROGRAM (FRAMP)

IN

BONG, LOFA, GRAND BASSA AND NIMBA COUNTIES

1. Purpose

1.1. The Government of Liberia (GOL), acting through the Ministry of Public Works (MPW), and the Government of the United States (USG), acting through the United States Agency for International Development (USAID), referred to collectively as the "Parties," wish to cooperate in a mutual effort to ensure:

a) The timely and sustainably execute the USAID funded FRAMP activity which will result in the development and operationalization of a scalable GOL owned feeder road maintenance program.

b) The full implementation of existing GOL plans for feeder roads maintenance under the National Policy of Decentralization, the National Transport Policy of Liberia and the Transport Master Plan of Liberia.

c) Delivery of sustainable feeder road maintenance services through community based organizations implemented through county level systems with central government oversight on a systematic basis in the order of routine maintenance, recurrent maintenance and periodic maintenance.

1.2. USAID wishes to fully fund the four year FRAMP activity under the condition that GOL will source sustainable fund sources and a mechanism through which GOL will annually increase its feeder roads maintenance funding by at least 15% annually with the view to scale out this program to the rest of the country within 7 years. This Memorandum of Understanding (MOU) sets forth the undertakings of the Parties in support of these purposes.

2. Background

2.1. Access to markets and basic social services is a key determinant of poverty. Without physical access, rural communities face far greater obstacles in obtaining wealth, health, education, and other social services. In addition, their ability to take advantage of surplus crop production and of employment opportunities is severely constrained. The permanent or seasonal absence of road access in most parts of rural Liberia is a constraining factor in terms of providing rural communities with essential services such as education, primary health care, water supply, local markets and economic opportunities. The availability of such services and opportunities are difficult to sustain without a good quality and well-maintained rural road network.

Indications are that major challenges to the success of sustainable GoL owned and driven routine maintenance activities include, but are not limited to, the following factors:

• MPW and local county authorities have not been able to develop the full technical and financial capacity to own and manage RM activities initiated by donor supported projects

• A sufficient and sustainable institutional and financial management framework to plan, design, procure, manage and fund sustainable routine maintenance activities has not been accomplished.

• The general rural transportation network to a large extent has not been in a maintainable state sufficient to generate national focus to maintenance as compared to rehabilitation efforts

• Until the adoption of the National Policy on Decentralization, Transport Master Plan and the National Transport Policy and Strategy, there has not been a sufficient national strategic policy direction for the planning and implementation of systematic RM projects

• The full extent of Liberia rural transport network has not been inventoried and recorded;

this further constrains national rural transport assets management planning and budgeting efforts

2.2. FRAMP is well aligned with GoL policies including the Agenda for Transformation, Transport Master Plan, The Decentralization Policy and proposed Local Government Act, and also with the USAID Country Development Cooperation Strategy (CDCS).

The overarching goal of the FRAMP project is to to support the government of Liberia to develop operationalize and implement sustainable routine maintenance systems while piloting alternative low volume sealed road construction techniques through research & development type interventions. This activity will also provide construction oversight to already designed roads as a part of USAID/Liberia overall Farm to Market Road Rehabilitation Program (F2MRR) while providing capacity building to local construction firms, public sector engineers/planners and community based groups to implement routine maintenance programs in Liberia.

FRAMP will achieve this high level goal through the following objectives:

1. Develop and operationalize sustainable feeder road maintenance systems through county-level systems under national government technical and managerial oversight;

2. Provide construction oversight for 450 km of farm-to-market roads;

3. Through Maintenance systems developed, under Objective 1, pilot RM activities on selected roads in the target counties; and

4. Construct alternative low volume road seals on 50 km of selected roads in the target counties

The Contractor must achieve these high level objectives by working through and with the following partners:

• Ministry of Public Works (Rural Development and Highway Engineering Departments);

• Ministry of Finance;

• Ministry of Transport;

• Ministry of Internal affairs;

• Local government (county, district and community based structures);

• Community-based groups (road cooperatives) ;

• Relevant Committee heads from the Senate and House of Representative of Public

Works;

• Relevant Civil Society and Media organizations; and

• Other relevant rural infrastructure of decentralization projects

2.3. The FRAMP implementer will develop and implement activities which would contribute to the achievement of the following high level results:

• Demonstrate to the GoL that the life cycle cost of roads can be significantly reduced with the implementation of a sustainable RM program and the use of appropriate alternative construction technologies;

• Working with the GoL to explore and insure availability of a dedicated and sustainable funding for rural infrastructure maintenance;

• Maintain all-weather access on piloted rehabilitated roads during the life of the project;

• Provide construction supervision for the rehabilitation for 450 km of farm-to-marketroads design and contracted to local firms by USAID during the life of the project;

• Stimulate & strengthen community-based participation & ownership of feeder roads; and

• Increase household income in local communities through paid labor for the implementation of pilot activities in maintenance an alternative low volume road seals construction.

2.4. The FRAMP implementer will support the formation of a Project Coordination Secretariat (PCS) which at the minimum will include the above mentioned partners, other donors and relevant private sector actors.

The role of the PCS will include but is not limited to the following:

• Coordinate information sharing, lessons learn, achievements and challenges between all stakeholders;

• Follow up on the implementation of the MOU entered into between USAID and GOL

• Follow up project other inputs vital to the sustainability of the project but not necessarily within the scope of the project;

• Serve as champions for RM propagation within Liberia;

• Support community engagement and public outreach aspects of FRAMP; and

• Provide feedback on project implementation

3. Nature of the Cooperation

3.1. Subject to conformance with U.S. regulations governing fair competition in public procurement, USAID undertakes to award, subject to the availability of funds, a four year contract, through full and open international competition, a contract for the delivery of serves under FRAMP.

3.2 USAID further agrees to provide the direct management and retain technical direction and oversight of the FRAMP implementer, consistent with the laws and regulations governing the procurement and managing of contracts of similar nature.

3.3. GOL, through the MoPW commits to identify a sustainable and decentralized funding mechanism for funding feeder roads maintenance activities. In demonstration of this commitment the MoPW within in first year of the implementation of FRAMP will provide evidence of this funding source and a five year funding plan, budgets and project revenue for the implementation of rural road maintenance activities in Liberia.

3.4 GOL undertakes to annually increase its funding for rural road maintenance by at least 15% per annum during the life of the implementation of FRAMP.

3.5 GOL, through the MoPW agrees to serve as a chair on the Project Coordination Secretariat (PCS) of FRAMP and also play a coordination role between all GOL stakeholders. To ensure that the PCS is fully functional MoPW will designate one senior level technical staff and one senior level finance/administrative staff to serve on the PCS.

3.3. The USAID and MPW jointly undertakes to:

(a) Continue joint collaboration for the improvement of the rural road sector in Liberia.

(b) Jointly provide technical direction of the FRAMP project through communication mechanisms and structure established in the contract an through the PCS framework

(c) Provide full support to ensure that FRAMP objectives for sustainability and local participation are achieved.

4. Standard Provisions

4.1. Relation to Framework Bilateral Agreement. The assistance provided by USAID hereunder is part of the U.S. Government’s program of assistance to Liberia under the Agreement Concerning Economic, Technical and Related Assistance signed by the Government of Liberia and the U.S. Government on October 6, 1955, and entered into force on February 3, 1956, and is subject to the terms and conditions of that Agreement, including provisions relating to exemption from taxes and customs duties and under the Assistance Agreement for Economic Growth between the Government of Liberia and the U.S. Government signed September 28, 2007 and amended on September 30, 2011.

4.2. Coordination and Consultation. The Parties shall provide each other with such other information as may be needed to facilitate provision of the assistance hereunder and to evaluate the effectiveness of the assistance. The Parties shall also meet periodically through regularly scheduled meetings to review the assistance provided, progress under these terms thereof and otherwise share relevant information. Any issues concerning the interpretation, administration or implementation of this Memorandum of Understanding shall be resolved by consultation between the Parties.

4.3. Records, Audit and Inspection. The GOL through the MPW and its other relevant Ministries and Agencies (M&A) must maintain or cause to be maintained, as appropriate, records relating to the assistance adequate to show use and receipt of such assistance furnished under this MOU.

Records must be maintained for a period of three years after assistance has been furnished. The GOL, through the respective M&As, must afford authorized representatives of USAID, or designees, the opportunity at all reasonable times to inspect or furnish USAID accounting records and any such other information and reports relating to the assistance and any sites where the assistance was furnished.

4.4. Publicity. The Ministries and Agencies of the GOL herein will give appropriate publicity to the assistance contemplated as a program to which USAID has contributed. However, any publicity on the part of the M&As shall be approved first by USAID.

4.5. Amendment and Modification. This Memorandum of Understanding may be amended or modified by written agreement of the Parties.

4.6. Contingent Nature of USAID Assistance. USAID expects to provide the assistance indicated in this MOU subject to available funding and only if there is assurance that the Government of Liberia, as represented by the MOF and MPW, will carry out their duties and responsibilities described herein. If program implementation is hindered for any reason, including but not limited to the failure of any Party hereunder to meet its undertakings and duties, as specified in this MOU, it is understood that USAID may decline to provide some or all of the assistance contemplated under this MOU and to finance further activities and programs of a similar nature.

Section 4.7 Suspension and Termination

(a) Suspension. In the event that

i. Any Party herein fails to comply with any provision of this Memorandum of

Understanding;

ii. USAID determines that an extraordinary situation has occurred which makes it improbable either that the purpose of this MOU will be attained or that any of the Parties herein will be able to comply with the provisions of the MOU;

iii. USAID determines that continuation of assistance would result in a violation of U.S. law or regulations.

Any Party may, at its option, take steps to suspend, in whole or in part, any provision of assistance under this MOU and provide written notice of its actions to the Authorized Representative of any Party herein. In the event of partial suspension, such notice must specify affected activities. If, after 60 days from the date of such notice, any Party determines that the cause or causes for suspension have not been corrected, said Party may terminate assistance and provide written notice of its action to the Parties herein.

(b) Termination. Any Party may terminate this MOU, in whole or in part, by giving the other Parties 30 days’ written notice. In the event of partial termination, such notice must specify affected activities. Termination of this MOU will terminate any responsibilities of the Parties to provide financial or other resources for this activity, except for payments which they are committed to make under commitments entered into with third parties which cannot be canceled before termination of this MOU.

Section 4.8 Effective Date

This MOU will be effective when signed by all Parties.

IN WITNESS WHEREOF, the Parties, each acting through its duly authorized representative, have caused this Memorandum of Understanding to be signed in their names and delivered as of the date indicated below.

GOVERNMENT OF THE

UNITED STATES OF AMERICA

UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

BY:

NAME: John Mark Winfield

TITLE: Mission Director

DATE:

GOVERNMENT OF THE

REPUBLIC OF LIBERIA

MINISTRY OF PUBLIC WORKS

BY:

NAME:

TITLE:

MINISTRY OF FINANCE

NAME:

MINISTRY OF Justice

NAME:

Attachments:

1) Scope of works FRAMP