Legal Expert - Consultant

Under the USAID Diverting Waste by Encouraging Reuse and Recycling (DAWERR) Activity (The Activity), ECODIT is seeking to engage, on a consultancy basis/Short Term Technical Assistance (STTA), a Legal Expert to provide legal advice to the DAWERR team on Lebanese municipalities/unions of municipalities’ prerogatives in relation to municipal solid waste management (SWM), including the collection of fees, and the contracting of private sector companies to operate certain aspects of the SWM process.  

1. BACKGROUND:

On June 30, 2020, USAID/Lebanon awarded ECODIT the Diverting Waste by Encouraging Reuse and Recycling (DAWERR) Activity, a five-year project that will establish sustainable and replicable integrated solid waste diversion and valorization solutions in rural areas of Lebanon, leading to improved social and economic well-being for Lebanon’s population. The Activity aligns with USAID/Lebanon’s desire to introduce financially sustainable solutions that increase the reuse, recycling, and monetization of solid waste to reduce the amount of solid waste that goes into landfills. The Activity has the following three objectives:

1. Build the capacity and commitment of municipalities to provide improved solid waste management (SWM) services either directly or indirectly;
2. Empower communities to sort at the source and participate actively in various stages of the recycling value chains (RVCs); and
3. Develop successful business models that create green economic opportunities and generate net incomes along the value chains.

The Activity’s period of performance is August 1, 2020, to July 31, 2025.

DAWERR is implemented by ECODIT and its local subcontractors including Compost Baladi, Berytech and ECODIT Liban.

Starting in Year 1, DAWERR will develop sustainable composting value chains for organic waste and strengthen existing RVCs for recyclable materials in selected municipalities as SW diversion and valorization pilots (the “pilots”). Specifically, DAWERR will provide targeted technical, financial, and business support to seven rural municipalities, their communities, and partners to design, implement, and manage six pilots as follows:

1. BATLOUN (Municipality), Mount Lebanon (Governorate), Chouf (District)

2. BASKINTA, Mount Lebanon, Metn

3. QARAOUN, Bekaa, West Bekaa

4. MAJDEL BAANA AND CHANAY, Mount Lebanon, Aley

5. JEZZINE, South Lebanon, Jezzine

6. RACHAYA ELWADI, Bekaa, Rachaya

2.  DESCRIPTION OF SERVICES

II.1       Overview

ECODIT is engaging the Consultant to provide legal advice to the DAWERR team on Lebanese municipalities/unions of municipalities’ mandate in relation to municipal SWM, including the collection of fees, and the contracting of private sector companies to operate certain aspects of the SWM process. 

The period of performance (POP) for this assignment is from October 11, 2021, to November 15, 2021. The level of effort (LOE) over the POP is not to exceed 14 days. The Consultant shall conduct all activities and prepare deliverables under the technical direction of the DAWERR Chief of Party (COP) or his designee. The consultant also will liaise with ECODIT subcontractors, as well as other USAID Implementing Partners, as requested by the COP.

II.2       Activities

The Consultant will:

1. Attend a kick-off meeting with the COP to discuss this SOW in details and agree on timeline and workplan;
2. Conduct a mapping of existing approaches adopted by Lebanese municipalities/unions of municipalities to provide SWM services and paying for such services (through municipal taxes, transfers from the Independent Municipal Fund, and other sources of revenues);
3. Based on existing Lebanese laws, rules and regulations, provide legal advice and conduct an analysis of best practices related to municipal SWM services, including municipalities’ mandate to charge SWM management fees, varying tariffs, and penalties for non-compliance (financial and non-financial penalties), and advise on best options;  
4. Provide a legal framework for municipalities to collect waste from neighboring municipalities and charge fees;
5. Support in the elaboration of incentives for communities to sort waste at the source, and setting up the legal framework (if any) and mechanism for such incentives;
6. Provide the legal requirements and mechanisms for the construction (DAWERR will subcontract construction companies) and operation (by the municipalities, or unions of municipalities, or private sector entities) of composting stations;  
7. Provide legal advice and framework on the possibility for the municipalities to sell compost and recyclable materials, and collect revenues;
8. Provide legal advice and prepare draft contracts and agreements between the Municipalities and private sector partners (business, and public-private partnerships agreements) to operate and maintain the composting stations (public ownership – private operations and maintenance);
9. Provide legal advice and prepare draft agreements between the Municipalities and Community Based Organizations to (1) implement awareness and behavior change and communication campaigns related to sorting waste at the source; and (2) monitor and report on sorting at source by the community; and
10. Conduct briefing for DAWERR team on activities and findings of this SOW.

II.3.       Deliverables and Timeline

The Consultant is expected to complete and submit the following deliverables:

I. Workplan (Activity 1) – to include methodology and timeline for activities under this SOW;

II. Draft and Final Report (in English) on Activities 2 to 5 – Report on Existing Approaches and Best Options for Lebanese Municipalities to Provide SWM services:  The report will include:

(1) an overview of existing approaches adopted by Lebanese municipalities/unions of municipalities to provide SWM services and paying for such services, including documents reviewed or consultations conducted to collect information,

(2) an analysis of best practices related to municipal SWM services, including municipalities’ mandate to charge SWM management fees, and penalties for non-compliance (financial and non-financial penalties), and recommendations of best options identified with the DAWERR team,

(3) legal framework for municipalities to collect waste from neighboring municipalities and charge fees including a list of laws, rules and regulations reviewed, and

(4) list of incentives for communities to sort at the source including legal framework (if any) and mechanism for implementation.

The report shall include a list of background documents reviewed and a list of Lebanese laws, rules and regulations consulted.  The Consultant will first prepare a draft report and later submit a final report that addresses the DAWERR team’s feedback on the draft version.

III. Draft and Final Report (in English) on Activities 6 - 7 – Report on Construction and Operation of Composting Stations: The report will include:

(1) legal requirements and mechanisms/processes for the construction of composting stations including legal relationship between DAWERR, the contractor, and the municipalities; 

(2)  legal requirements and mechanisms/processes for the operation of the composting stations - the municipality as the operator, or a private sector entity as the operator- including ability for DAWERR to assist the municipality in preparing the tender documents and selecting the operator/private sector entity;

(3) legal framework for the municipalities to sell compost and recyclable materials.

The report shall include a list of background documents reviewed and a list of Lebanese laws, rules and regulations consulted.  The Consultant will first prepare a draft report and later submit a final report that addresses the DAWERR team’s feedback on the draft version.

IV. Draft and Final Report on Activities 8-9: Template Contracts and Agreements (business, and public-private partnerships) - in Arabic

(a) Between the Municipalities and private sector partners to operate and maintain the composting stations (public ownership – private operations and maintenance);

(b) Between the Municipalities and Community Based Organizations to implement awareness and behavior change and communication campaigns related to sorting waste at the source; and monitor and report on sorting at source by the community.

V. Final Presentation to the DAWERR team (Activity 10) – in Power Point format to include summary of activities and findings under this SOW.

Here below a summary of deliverables, indicative LOE per deliverable, and submission date.

• Workplan including timeline for activities (2 pages document); LOE = 0.3 days; submission date: October 11, 2021
• Draft and Final Report (in English) – Report on Existing Approaches and Best Options for Lebanese Municipalities to Provide SWM services; LOE = 5 days; submission date: October 20, 2021
• Draft and Final Report (in English) - Report on Construction and Operation of Composting Stations; LOE = 5 days; submission date: November 3, 2021
• Draft and Final Report -Template Contracts and Agreements (in Arabic) ; LOE = 3 days; submission date: November 10, 2021
• Power Point Presentation to DAWERR team; LOE = 0.7 days; submission date: November 15, 2021

Total LOE is not-to-exceed 14 days over the POP (October 11 – November 15, 2021)

*The Project Manager (i.e., the COP or his designee) and the Consultant will agree on a timeline for DAWERR to review the deliverables and the consultant to submit revised/final deliverables.

A.3 QUALIFICATIONS AND EXPERIENCE:

The consultant must have the following experience and skills to be able to perform the tasks of the SOW:  

• Bachelor of Law, Legal studies or any other related field
• At least 5 years of relevant professional experience working in governance, and development including in the SWM sector 
• At least 5 years of experience working with municipalities, and /or union of municipalities
• Strong knowledge of Lebanese SWM laws and regulations
• Strong understanding of the key issues faced by municipalities in the SWM sector, the political and regulatory background and the nature of work involved
• Experience in drafting contracts and agreements between the public and private sector is a plus
• Excellent analytical, advisory, communication and writing skills (in English and Arabic).
• Experience on USAID-funded projects is an advantage.