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Legal Expert to the Municipality of Shtime/ Štimlje

Shtime

  • Organization: UNDP - United Nations Development Programme
  • Location: Shtime
  • Grade: National Consultant - Locally recruited Contractors Agreement
  • Occupational Groups:
    • Legal - Broad
    • Civil Society and Local governance
  • Closing Date: 2022-10-02

Background

The Municipality of Shtime/ Štimlje, under the Mayor’s leadership, is acting to address the pressing financial issues the municipality currently faces resulting from litigious contracts and agreements with public administration and the private sector. The main issue to be addressed by the municipality is to define its legal and financial obligations and liabilities vis-à-vis service providers/ private companies, and litigious cases which are putting s financial burden on the municipality. According to the data from the municipal performance management system of the Ministry of Local Government Administration, the overall municipal performance of the Municipality of Shtime/ Štimlje has decreased between 2020 and 2021 due to budget issues. Thus, the municipality did not qualify for the municipal performance grant which is allocated annually to enhance local autonomy and governance. 

Therefore, finding appropriate solutions to the contractual and financial issues the Municipality has inherited will not only stop the financial losses but also improve the Municipality’s accountability and governance. The Mayor, responsible for the use of financial resources in compliance with the Law on Public Financial Management and Accountability and all other applicable rules and regulations, is committed to addressing these issues. 

Reviewing and identifying appropriate courses of action to address and resolve the contractual and financial issues of the Municipality requires expertise in the field of administrative law and public administration at the local level. As such, the Mayor has limited human resources to review existing contracts and agreements financially damaging to the Municipality. Hence, the Mayor has requested legal and technical support from UNDP to appoint a Legal Expert to support the Municipality of Shtime/ Štimlje to identify, address and resolve contractual and financial issues.

Objectives of AssignmentThe Legal Expert will support the Municipality of Shtime/ Štimlje in reviewing existing contracts and agreements with private companies and public administration to identify, address and resolve contractual and financial issues that jeopardize the municipality’s public financial management. 

Duties and Responsibilities

Under the overall supervision of the Portfolio Manager/Deputy Programme Coordinator, and daily cooperation with the Mayor, the Legal Expert will undertake the following duties and responsibilities: 

1. Review existing laws, regulations, policies and strategies pertaining to the Municipality of Shtime/ Štimlje to establish its financial and contractual obligations and liabilities:

  • Analyse information and legislation pertaining to 20 service provider contracts with private companies to i) determine the legality of contracts, ii) analyse contracts’ terms and conditions, iii) identify solutions based on the reviewed financial and contractual obligations;
  • Review of 20 potentially litigious cases related to municipal property and public spaces for private and/or commercial use, and expropriation of private property;
  • Review of concession agreements for public spaces and due diligence procedure to identify the Municipality’s part of assets pursuant these agreements;

2. Identify contractual and financial issues of the Municipality and provide legal information, referrals, advice and solution to resolve them:

  • Organise regular consultations with the Mayor and his cabinet, the representatives of private companies, the Ministry of Local Government Administration and any other relevant actors (e.g. National Audit Office) to identify appropriate solutions;
  • Based on review and consultations results, establish a comprehensive course of action for addressing to address the Municipality financial and contractual issues;
  • Identify and guide the Municipality in committing to its financial obligations and liabilities vis-à-vis Courts, bailiffs and public administration (especially doctors and teachers).

3. Provide legal assistance to the Municipality of Shtime/ Štimlje:

  • Provision of legal advice to improve the Municipality’s financial management process;
  • Guide the Mayor in building a case into legislative institutions, if required. 

Deliverables/Outputs

Target Due Dates

First progress report on the 20 litigious contracts with private companies including inputs from the review on their legality, terms and conditions and the resulting financial and contractual obligations for the Municipality.   

         10 October 2022

Second progress report on the 20 litigious cases related to the Municipality property and public spaces and expropriation of private property, including solutions to address these cases.

          31 October 2022

Third progress report on the Municipality’s concession agreements for public spaces, including the analysis of the Municipality’s part of assets pursuant these agreements.

           24 November 2022

Consolidate and incorporate inputs on existing gaps and from stakeholders' consultations into the report as the baseline for the proposed appropriate solutions.

           08 December 2022

Finalise a comprehensive report including the inputs from progress reports, including practical and appropriate solutions and recommendations to resolve the contractual and financial issues of the Municipality.  

            13 January 2022

Technical and legal assistance to the Mayor.

             10 February 2022

Final report for UNDP on the assignment results.

               06 April 2023

 

Remuneration - Lump Sum Amount:

The Contract is based on lump sum remuneration and shall be processed subject to deliverables as per the schedule listed below: 

  • 10% of the tot.al amount upon completion of the first deliverable;
  • 20% of the total amount upon completion of second deliverable. 
  • 25% of the total amount upon completion of third and fourth deliverables.
  • 15% of the total amount upon completion of the fifth deliverable.
  • 20% of the total amount upon the completion of the sixth deliverable.
  • 10% of the total amount upon completion of the seventh deliverable.

Required Presentation of Offer: 

The following documents are requested:

  • Personal CV and P11, indicating all past experience from similar projects, as well as the contact details (email and telephone number) of the Offeror and at least three (3) professional references. 
  • Technical proposal, a max. 2-page document briefly outlining the methodology envisaged for the assignment for delivering the expected results within the indicated timeframe.
  • Financial Proposal that indicates lump sum payment based on completion of deliverables. 
  • Copy of Diplomas and copy of Passport.

Criteria for selection of the Best Offer

Offers will be evaluated utilizing a combined Scoring method – where the qualifications and technical proposal will be weighted a max. of 70% and combined with the price offer which will be weighted a max of 30%.

Competencies

Corporate Competencies

  • Committed to professionalism, impartiality, accountability, and integrity;
  • Displays cultural, gender, religion, race, nationality, ethnicity, and age sensitivity and adaptability;
  • Demonstrates substantial experience in gender equality. Actively promotes gender equality in all activities;
  • Treats all people fairly without favouritism. 

Functional Competencies

  • Ability to work effectively within a team and develop good relationships with counterparts and stakeholders;
  • Ability to synthesise research and draw conclusion on the related subjects;
  • Ability to pay attention to details; 
  • Excellent interpersonal skills and ability to communicate effectively, both orally and in writing;
  • Ability to establish effective working relations in a multicultural team environment; 
  • Ability to design and manage coordination processes, including with multiple stakeholders;
  • Good organizational skills;
  • Commitment to accomplish work; 
  • Responds positively to critical feedback;
  • Results and task oriented.

Required Skills and Experience

Education:

  • Advanced university degree or equivalent in Law.  

Experience:

  • At least 7 years of demonstrated relevant work experience relevant as per ToRs, in conducting research and providing consultancy services related to legal framework and policies in the field of public administration; 
  • Excellent knowledge of public administration, administrative law and the private sector;
  • Experience in legal drafting; 
  • Strong and proven research and analytical skills;
  • Excellent report writing and presentation skills;
  • Experience in working with Kosovo institutions on the subject is a distinct advantage;
  • Proven analytical skills and ability to translate concept and ideas into practical measures;
  • Proven ability to write clearly and concisely.

Language requirements:

  • Fluency in Albanian and English languages, written and spoken. Knowledge of Serbian is desirable.

Application Instructions:

  • Click on the "Apply now" button.
  • Input your information in the appropriate Sections: personal information, language proficiency, education, resume and motivation; You can type in, or paste your short Resume into the last box.
  • Upon completion of the first page, please hit "submit application" tab at the end of the page. On the next page, you will be asked to upload your Resume.
  • System will only allow one attachment. All docs (CV; P11; financial offer; list of similar profiles should be included as one attachment).
  • Please make sure to submit all the requested documents/information; otherwise, your application will be considered incomplete.
We do our best to provide you the most accurate info, but closing dates may be wrong on our site. Please check on the recruiting organization's page for the exact info. Candidates are responsible for complying with deadlines and are encouraged to submit applications well ahead.
Before applying, please make sure that you have read the requirements for the position and that you qualify.
Applications from non-qualifying applicants will most likely be discarded by the recruiting manager.
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