UNICEF Pacific
TERMS OF REFERENCE FOR CONSULTANT
Requesting Section: Health and Sanitation – Water, Sanitation and Hygiene (WASH)
Date/updated date: 30 July 2015
Programme Area and Specific Project involved: Multi Country Drought Preparedness and Response
Plan Design
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1. Purpose of Assignment
The consultant is expected to analyze the potential El Niño impact on the region and assist National WASH
Clusters of selected countries led by respective governments in the formulation of adequate preparedness and
response plans and build in-country capacity in managing drought.
The purpose of the proposed activity is to enhance the capacity of selected at risk Pacific island countries in
drought management, working closely with relevant clusters to improve existing preparedness, response and
recovery mechanisms. The consultant is expected to identify gaps and provide recommendations for appropriate
preparedness planning and response arrangements of the Governments of Fiji, Solomon Islands and Vanuatu
and their WASH Cluster partners.
2. BACKGROUND
It is a long accepted fact that the Pacific is one of the most natural hazard prone regions in the world. Aside from
the threat of seismic events, such as earthquakes, tsunamis and volcanic eruptions, the Pacific region is subject
to a wide range of hydro-meteorological hazards1. Pacific island communities are regularly suffering from extreme
weather events such as tropical cyclones, droughts, heavy rainfall and floods, resulting in increased risk of drinking
water shortages and compromised sanitation and hygiene. Due to climate change and the associated rise in sea
level, altered precipitation patterns, higher temperatures and acidification of the ocean will exacerbate these risks
in the coming decades2.
According to various climate updates for the Pacific34, the 2015/16 El Niño is currently well established in the
Pacific Ocean and is currently being further enhanced by westerly winds along the equator in the western Pacific
generated by the Madden-Julian Oscillation wave. All of the climate models are unanimous in their agreement
that the 2015/16 event will strengthen further in coming weeks with forecasts continuing to indicate this will
potentially equal the 1987/88 and 1997/98 events in intensity. The forecast is supported by considerable warm
sub-surface waters, convection patterns and wind anomalies in the equatorial Pacific, which indicates further
warming of the equatorial Pacific sea surface can be expected 5. Much point towards a potentially severe El Niño
event on par with, or even surpassing the most intense El Niño event to date of 1997/98.
Droughts induced by El Niño events are particularly serious in the island countries South West of the Pacific,
notably PNG, Vanuatu, Solomon Islands and Fiji and to a lesser extent in the Eastern and Northern islands of the
Pacific. In contrast, equatorial island countries such as in Kiribati and Nauru are expected to receive above
average rainfall during El Niño events. The El Niño phenomenon is also associated with higher likelihoods of
tropical cyclones especially in the South East of the Pacific, generating more intense tropical cyclones, as well as
a longer cyclone season and increased risk of storm surge and other secondary hazards.
With the onset of the El Niño in early 2015, some Pacific island countries have taken initiatives for preparedness
and contingency planning. Fiji’s WASH and Health Clusters put together a contingency plan and a draft national
response plan. Other countries such as the Solomon Islands and Vanuatu have begun mapping high risk areas
and increased their capacity in communications and preparedness messaging through their respective clusters.
In these three countries, UNICEF is providing support to strengthen the capacity of the national WASH Clusters
under the Pacific Humanitarian Team and in collaboration with UNOCHA including the pre-positioning of WASH
supplies. Tonga and Samoa are currently considering whether to adopt the Cluster system within their disaster
management frameworks and the National Disaster Management Offices are working closely with national and
international NGOs to consolidate preparedness efforts.
1
Hydro-meteorological Disasters in the Pacific. A Statistical Summary. SPC/SOPAC. February 2014.
Coping with Climate Change in the Pacific. SPC/GIZ. 2009.
3
Pacific Island Climate Update. NIWA. July 2015.
4
Climate Update. Nadraki. July 2015
5
ENSO Update. Fiji Meteorological Office. May 2015.
2
3. Scope of Work/ Work assignments
The consultancy requires the development of a methodology to suit the needs of individual country settings and
capacities and requires field visits to Fiji, Solomon Islands and Vanuatu. Strong collaboration is required with
National government counterparts responsible for WASH and water resources management and UNICEF Field
Offices. In addition, members of the National WASH Clusters including local NGOs working on WASH or
associated fields of disaster reduction and climate change adaption will be targeted. The scope of work should
cover activities (a)-(e) as follows:
(a) Support the establishment of (or strengthen existing) discussion platforms between the National
Meteorological Services, Disaster Management Offices and WASH Stakeholders to improve their joint
capacity in the coordination of adequate drought preparedness and response.
(b) Identify the impact of the 2015/16 El Niño on water, sanitation and hygiene services together with WASH
stakeholders using readily available seasonal climate forecasting tools in collaboration and National
Meteorological Services and supporting organizations (e.g. Island Climate Update (NIWA); Climate and
Oceans Support Program in the Pacific COSPPac (BOM); and Pacific Partnership for Atoll Water Security
(SPC); etc.
(c) Undertake rainfall analysis and spatial mapping exercises for the identification of hotspots based on the
impact of rainfall deficits on island freshwater resources and existing water supplies, in order to facilitate
priority setting for WASH Cluster interventions for preparedness and response.
(d) Support Governments and National WASH Clusters (and other clusters as appropriate) to develop
scenarios to inform drought preparedness and contingency planning and define appropriate actions and
recommendations. The consultancy should focus on facilitating participatory scenario-based risk
assessments with clusters to analyze best, most likely and worst case scenarios of drought and other
effects of El Niño impacting water supply and sanitation systems and services (including secondary
hazards and impacts). For each of the scenarios, the consultant should facilitate the formulation of
concrete mitigation measures that reduce risk, as well as preparedness planning and contingency
arrangements to respond to and recover from El Niño related disasters. The process also includes
explicitly discussing and agreeing on clear roles and responsibilities for implementing identified activities.
(e) Support, in consultation with Government counterparts and relevant Clusters, the formulation of key public
preparedness messages targeting El Error! Not a valid link.and drought impacts in conjunction with
existing communications for development programs.
4. Work Schedule with deliverables
Total estimated time for this consultancy is an estimated periodic input of 40 days over a period of 4 months.
5. Deliverables/End Product(s):




Inception report – Specifying the methodology, focus, scope for the consultancy, including key
activities and approach. The report should also contain a work plan and mission schedule, indicating
the phases of work with key deliverables for each country.
Country report(s) - describing the methodology, the process and the results in terms of: discussion
platforms, impact, rainfall analysis and spatial mapping, risk scenarios, mitigation and preparedness
measures, roles and responsibilities, and key public preparedness messages.
File structure with folders containing any training materials, spatial documents, or any relevant
documents obtained and used during the course of the consultancy.
Final report(s) – providing an overview of approach and results including and executive summary and
an indication of how results from the consultancy can benefit other Pacific island countries.
6. Payment Schedule:
Payments by UNICEF are delivery-based, i.e. payments are triggered by satisfactory submission of specified
deliverables and accompanying invoices on monthly basis. Any deliverable not meeting the required specifications
will have to be reworked and resubmitted at no additional cost to UNICEF.
7. Type of Supervision that will be Provided:
The Consultant will report to the UNICEF Pacific WASH Specialist based in Suva, Fiji and liaise with the UNICEF
Risk Reduction and Preparedness Specialist and other UNICEF WASH Specialists and Officers on technical
issues.
8. Consultant’s work plan and Official Travel Involved:
The assignment will require field visits to Fiji, Solomon Islands and Vanuatu.
9. Consultant’s Work Place:
During missions the consultant will be provided with workspace and documents and information deemed
necessary for this consultancy. Internet will be made available to the consultant while at the offices during working
hours. The consultant will have to use his/her own computer and associated IT equipment and mobile devices.
10. Qualifications or Specialized Knowledge/Experience Required:
Education
i.
Advanced university degree in a field relevant to the following areas: Hydrology, water and sanitation,
DRR, CCA, or a field relevant to WASH, DRR or CCA.
Language
i.
Fluency in English.
Work Experience
i.
A minimum of seven years of progressively responsible professional work experience climate
variability and change, disaster risk reduction, and water resource management and water, sanitation
and hygiene in the Pacific region.
ii.
Familiarity with Pacific regional disaster risk management, climate change adaptation and integrated
water resource management initiatives and programs, specifically within program countries.
iii.
Expertise in the formulation and development of drought preparedness and contingency plans for
water, sanitation and hygiene
iv.
Proven understanding of disaster risk reduction and resilience, climate change adaptation and water
resources management approaches.
Competencies required for this consultancy:
i.
Communication
ii.
Able to work effectively in a multi-cultural environment.
iii.
Drive for Results
iv.
Analyzes and integrates diverse and complex quantitative and qualitative data from a wide range of
sources.
v.
Learning and Researching
vi.
Demonstrates, applies and shares expert technical knowledge on disaster risk reduction, climate
change adaptation with project implementation, monitoring and evaluation.
vii.
Planning and Organizing
11 General Conditions of Contracts for the Services of Consultants / Individual Contractors
1. Legal Status
The individual engaged by UNICEF under this contract as a consultant or individual contractors (the
“Contractor”) is engaged in a personal capacity and not as representatives of a Government or of any
other entity external to the United Nations. The Contractor is neither a "staff member" under the Staff
Regulations of the United Nations and UNICEF policies and procedures nor an "official" for the purpose
of the Convention on the Privileges and Immunities of the United Nations, 1946. The Contractor may,
however, be afforded the status of "Experts on Mission" in the sense of Section 22 of Article VI of the
Convention and the Contractor is required by UNICEF to travel in order to fulfill the requirements of this
contract, the Contractor may be issued a United Nations Certificate in accordance with Section 26 of
Article VII of the Convention.
2. Obligations
The Contractor shall complete the assignment set out in the Terms of Reference for this contract with due
diligence, efficiency and economy, in accordance with generally accepted professional techniques and
practices.
The Contractor must respect the impartiality and independence of UNICEF and the United Nations and
in connection with this contract must neither seek nor accept instructions from anyone other than UNICEF.
During the term of this contract the Contractor must refrain from any conduct that would adversely reflect
on UNICEF or the United Nations and must not engage in any activity that is incompatible with the
administrative instructions and policies and procedures of UNICEF. The Contractor must exercise the
utmost discretion in all matters relating to this contract.
In particular, but without limiting the foregoing, the Contractor (a) will conduct him- or herself in a manner
consistent with the Standards of Conduct in the International Civil Service; and (b) will comply with the
administrative instructions and policies and procedures of UNICE relating to fraud and corruption;
information disclosure; use of electronic communication assets; harassment, sexual harassment and
abuse of authority; and the requirements set forth in the Secretary General's Bulletin on Special Measures
for Protection from Sexual Exploitation and Sexual Abuse.
Unless otherwise authorized by the appropriate official in the office concerned, the Contractor must not
communicate at any time to the media or to any institution, person, Government or other entity external
to UNICEF any information that has not been made public and which has become known to the Contractor
by reason of his or her association with UNICEF or the United Nations. The Contractor may not use such
information without the written authorization of UNICEF, and shall under no circumstances use such
information for his or her private advantage or that of others. These obligations do not lapse upon
termination of this contact.
3. Title rights
UNICEF shall be entitled to all property rights, including but not limited to patents, copyrights and
trademarks, with regard to material created by the Contractor which bears a direct relation to, or is made
in order to perform, this contract. At the request of UNICEF, the Contractor shall assist in securing such
property rights and transferring them to UNICEF in compliance with the requirements of the law governing
such rights.
4. Travel
If UNICEF determines that the Contractor needs to travel in order to perform this contract, that travel shall
be specified in the contract and the Contractor’s travel costs shall be set out in the contract, on the
following basis:
(a)
UNICEF will pay for travel in economy class via the most direct and economical route;
provided however that in exceptional circumstances, such as for medical reasons, travel in business class
may be approved by UNICEF on a case-by-case basis.
(b)
UNICEF will reimburse the Contractor for out-of-pocket expenses associated with such
travel by paying an amount equivalent to the daily subsistence allowance that would be paid to staff
members undertaking similar travel for official purposes.
5. Statement of good health
Before commencing work, the Contractor must deliver to UNICEF a certified self-statement of good health
and to take full responsibility for the accuracy of that statement. In addition, the Contractor must include
in this statement of good health (a) confirmation that he or she has been informed regarding inoculations
required for him or her to receive, at his or her own cost and from his or her own medical practitioner or
other party, for travel to the country or countries to which travel is authorized; and (b) a statement he or
she is covered by medical/health insurance and that, if required to travel beyond commuting distance
from his or her usual place or residence to UNICEF (other than to duty station(s) with hardship ratings
“H” and “A”, a list of which has been provided to the Contractor) the Contractor’s medical/health insurance
covers medical evacuations. The Contractor will be responsible for assuming all costs that may be
occurred in relation to the statement of good health.
6. Insurance
The Contractor is fully responsible for arranging, at his or her own expense, such life, health and other
forms of insurance covering the term of this contract as he or she considers appropriate taking into
account, among other things, the requirements of paragraph 5 above. The Contractor is not eligible to
participate in the life or health insurance schemes available to UNICEF and United Nations staff members.
The responsibility of UNICEF and the United Nations is limited solely to the payment of compensation
under the conditions described in paragraph 7 below.
7. Service incurred death, injury or illness
If the Contractor is travelling with UNICEF’s prior approval and at UNICEF's expense in order to perform
his or her obligations under this contract, or is performing his or her obligations under this contract in a
UNICEF or United Nations office with UNICEF’s approval, the Contractor (or his or her dependents as
appropriate), shall be entitled to compensation from UNICEF in the event of death, injury or illness
attributable to the fact that the Contractor was travelling with UNICEF’s prior approval and at UNICEF's
expense in order to perform his or her obligations under this contractor, or was performing his or her
obligations under this contract in a UNICEF or United Nations office with UNICEF’s approval. Such
compensation will be paid through a third party insurance provider retained by UNICEF and shall be
capped at the amounts set out in the Administrative Instruction on Individual Consultants and Contractors.
Under no circumstances will UNICEF be liable for any other or greater payments to the Contractor (or his
or her dependents as appropriate).
8. Arbitration
(a) Any dispute arising out of or, in connection with, this contract shall be resolved through amicable
negotiation between the parties.
(b) If the parties are not able to reach agreement after attempting amicable negotiation for a period of
thirty (30) days after one party has notified the other of such a dispute, either party may submit the
matter to arbitration in accordance with the UNCITRAL procedures within fifteen (15) days thereafter.
If neither party submits the matter for arbitration within the specified time the dispute will be deemed
resolved to the full satisfaction of both parties. Such arbitration shall take place in New York before
a single arbitrator agreed to by both parties; provided however that should the parties be unable to
agree on a single arbitrator within thirty days of the request for arbitration, the arbitrator shall be
designated by the United Nations Legal Counsel. The decision rendered in the arbitration shall
constitute final adjudication of the dispute.
9. Penalties for Underperformance
Payment of fees to the Contractor under this contractor, including each installment or periodic payment
(if any), is subject to the Contractor’s full and complete performance of his or her obligations under this
contract with regard to such payment to UNICEF’s satisfaction, and UNICEF’s certification to that effect.
10. Termination of Contract
This contract may be terminated by either party before its specified termination date by giving notice in
writing to the other party. The period of notice shall be five (5) business days (in the UNICEF office
engaging the Contractor) in the case of contracts for a total period of less than two (2) months and ten
(10) business days (in the UNICEF office engaging the Contractor) in the case of contracts for a longer
period; provided however that in the event of termination on the grounds of impropriety or other
misconduct by the Contractor (including but not limited to breach by the Contractor of relevant UNICEF
policies, procedures, and administrative instructions), UNICEF shall be entitled to terminate the contract
without notice. If this contract is terminated in accordance with this paragraph 10, the Contractor shall be
paid on a pro rata basis determined by UNICEF for the actual amount of work performed to UNICEF’s
satisfaction at the time of termination. UNICEF will also pay any outstanding reimbursement claims
related to travel by the Contractor. Any additional costs incurred by UNICEF resulting from the termination
of the contract by either party may be withheld from any amount otherwise due to the Contractor under
this paragraph 10.
11. Taxation
UNICEF and the United Nations accept no liability for any taxes, duty or other contribution payable by the
consultant and individual contractor on payments made under this contract. Neither UNICEF nor the
United Nations will issue a statement of earnings to the consultant and individual contractor.
Prepared by Section Chief:
Name/Title:
Date:
Approved by Deputy Representative **
Name:
Date
** All Programme TORs to be approved by Deputy Representative and Operations TOR to be approved
by Operations Manager.
(To be added to terms and conditions for Studies and Evaluations)
ETHICS FOR SAFEGARDING THE INTERESTS/RIGHTS OF CHILDREN AND WOMEN IN
RESEARCH
NON-DISCRIMINATION
When consultants conduct interview/focused group research/survey that involves third party, consultants
shall ensure that selection of participants and the processes and methods used serve to correct, not
reinforce, patterns of exclusion. This requires attention to socio-economic barriers including gender and
age discrimination as well as the different ways and capacities in which children and women express
themselves.
PARTICIPATION
Consultants shall ensure that the purposes and processes of the research are fully explained, using
alternative forms of communication where necessary and making reference to any implications for
participants of time, cost and the possible influence of the outcomes. The way information is conveyed
must be appropriate to the context and to the child capabilities when child is involved.
INFORMED CONSENT
Consultant shall ensure that the participants know their right to refuse or to withdraw from the research at
any time and obtaining verbal or written consent without coercion. Parental consent is not an adequate
standard in light of the rights of the child and consent should be ongoing negotiation process with child.
IDENTIFICATION OF RISKS
Consultant should be mindful of the risks involving children and women in the research. Consultant should
withhold information where that information may place them at risk and take necessary measures to
protect them from placing themselves at risk.
CONFIDENTIALITY
Consultants shall offer conditional anonymity and confidentiality to all participants and explain to
participants the limitation of confidentiality and possible intervention based on what is in their best
interests. Consultant is fully responsible for identifying the follow-up action and referrals to be made in
case confidentiality is broken.
MISUSE OF INFORMATION
Consultants are fully responsible for considering the short and long term consequences of the research
from the different perspectives of participants, policy-makers, researchers and UNICEF.
(For Contractors or Institutional Contracts)
15.
UNICEF Standard Terms and Conditions
1. LEGAL STATUS
The contractor shall be considered as having the legal status of an independent contractor. Agents or
employees of the contractor shall not be considered in any respect as being officials or staff members of
the United Nations.
2. OBLIGATIONS The contractor shall neither seek nor accept instructions from any authority external
to the United Nations in connection with the performance of its services under this contract. The
contractor shall refrain from any action which may adversely affect the United Nations and shall fulfill its
commitments with fullest regard for the interest of the United Nations. The contractor shall not advertise
or otherwise make public the fact that it is a contractor with the United Nations. Also the contractor shall,
in no other manner whatsoever use the name, emblem or official seal of the United Nations or any
abbreviation of the name of the United Nations in connection with its business or otherwise. Contractors
may not communicate at any time to any other person, Government or authority external to the United
Nations or any information known to them by reason of their association with the United Nations which
has not been made public, except in the course of their duties or by authorization of the SecretaryGeneral or his designate; nor shall contractors at any time use such information to private advantage.
These obligations do not lapse upon termination of their agreement with the United Nations.
3. TITLE RIGHTS
(a) The United Nations shall be entitled to all property rights including but not limited to patents,
copyrights and trademarks, with regard to material which bears a direct relation to or is made in
consequence of, the services provided by the Organization in compliance with the requirements of the
applicable law. At the request of the United Nations, the contractor shall take all necessary steps,
execute all the necessary documents and generally assist in securing such property rights and
transferring them to the Organization in compliance with the requirements of the applicable law.
(b) Title to any equipment and supplies which may be furnished by the United Nations shall rest with the
United Nations and any such equipment shall be returned to the United Nations at the conclusion of the
Contract or when no longer needed by the contractor. Such equipment when returned to the United
Nations, shall be in the same condition as when delivered to the contractor, subject to normal wear and
tear.
4. TERMINATION OF CONTRACT
This Contract may be terminated by either party before the expiry date of the agreement by giving
notice in writing to the other party. The period of notice shall be five days in the case of agreements for
a total period of less than two months and fourteen days in the case of contracts for a longer period.
In the event of the Contract being terminated prior to its due expiry date in this way, the consultant shall
be compensated on a pro rata basis for no more than the actual amount of work performed to the
satisfaction of the United Nations. Additional costs incurred by the United Nations resulting from the
termination of the Contract by the contractor may be withheld from any amount otherwise due to the
contractor from the United Nations.
5. ASSIGNMENT OF PERSONNEL
The contractor shall not assign any persons other than those accepted by the United Nations for work
performed under this Contract.
6. INDEMNIFICATION AND INSURANCE The contractor shall indemnify, hold and save harmless and
defend, as its own expenses, the UN, its officers, agents, servants and employees form and against all
suits, claims, demands and liability of any nature or kind, including costs and expenses arising out of
acts or omissions of the contractor or his employees or sub-contractors in the performance of this
Contract. This clause shall extend to claims and liability in the nature of workmen's compensation
claims or liability or those arising out of the use of patented inventories or devices. In compliance with
this clause, the contractor shall obtain and maintain adequate liability and property damage insurance in
respect of any tort action or tort claim arising out of contractor's acts or omissions related to this
Contract. The contractor shall, upon request, provide proof of such insurance. The contractor shall not
permit any lien, attachment or other encumbrance by any person to remain on file in any public office or
on file with the UN against any monies due or to become due for any work done or materials furnished
under this Contract, or by reason of any other claim or demand against the contractor.
7. UNITED NATIONS PRIVILEGES AND IMMUNITIES
Nothing in or relating to this Contract shall be deemed a waiver of any of the privileges and immunities
of the United Nations.
8. ARBITRATION
Any controversy or claim arising out of, or in accordance with this Contract or any breach thereof, shall,
unless it is settled by direct negotiation, be settled in accordance with the UNICITRAL Arbitration Rules
as at present in force. The parties shall be bound by any arbitration award rendered as a result of such
arbitration as the final adjudication of any such controversy or claim.
9. AMENDMENTS AND ASSIGNMENTS
No change in or modification of this Contract shall be made except by prior written agreement between
the Chief, Commercial, Purchase and Transportation Service, Office of General Services, United
Nations, and the contractor. The Contractor shall not assign, transfer, pledge, sub-contract or make
other disposition of this Contract or any part thereof, or of any of the contractor's rights, claims or
obligations under this Contract except with the prior written consent of the United Nations.
10. OFFICIALS NOT TO BENEFIT
The contractor represents and warrants that no official of the United Nations has been, or shall be,
admitted by the contractor to any direct or indirect benefit arising from this Contract or the award
thereof. The contractor agrees that breach of this provision of an essential term of this Contract.