Title: Benin - Modele 1 - modele de contrat fermier - affermage contract
Language: French
Type: Document
Nature: Contract Agreement
Published: October 1, 2007
Region: Sub-Saharan Africa (SSA)
Country: Benin
Sector: Water and Sanitation
Keywords: PPPs by Sector *, Water & Sanitation PPPs **, Benin, Contractual Provisions, Affermage
Document(s):
Document Summary:
This is a well drafted and simple affermage contract that sets out simple service obligations. The monitoring of the contract is by the community and the tariff is revised with the approval of the Community Council. There are very few service requirements set in the contract but there is a requirement to meet the "normes techniques" (technical norms). It might be appropriate in replicating this arrangement to have some of those norms specified in a schedule to the contract. There is no need to have any specific obligations in this contract regarding increases in connections as the provider takes the net revenues and so is incentivized naturally to increase connections. The provider is responsible for repair and maintenance but not major renewal and replacement and extension (which will be funded out of the rehabilitation fund that comes out of the license fee). The provider implements/ oversees any major renewal or extension, as per the annual capital investment plan.
Document Details:
While this contract is developed in a civil law context using the affermage model, it could be easily adapted to a common law context where it was possible to assume full cost recovery.
Asset ownership
Parties |
The Community and the Service Provider |
Date |
N/A |
Duration |
3/4/5 years, renewable for a similar period (article 3.2) |
Service being provided |
Operation, management and maintenance of the Village Water Supply (AEV) (article 1) in accordance with technical norms (article 5). |
Investment obligations |
There are minimal investment obligations regarding operations and maintenance of the facilities. The facilities are existing and there is no major renewal or extension unless agreed and funded from the renewal fund. The provider is responsible for replacement and repair of damaged parts (article 5) |
Funding source |
Revenue from tariffs (complete cost recovery) (article 13) |
Maintenance and rehabilitation requirements |
The provider is to maintain the works and equipment in good working condition (article 5) |
Service levels specified |
Articles 5 and 8 (in particular, service of [ ] hours per day, 7 days a week) |
Performance targets |
None |
New connections |
Article 9 and article 11. The user is to pay the cost of the connection but the cost of the meter is to be covered by the provider |
Bonus/penalty system |
In case of interruption of water supply without justification from the superior service 24 hours in advance, the community has the right to penalize the provider of an amount up to 50% of the estimated revenue of water services for the period of interruption (article 18) |
Tariff setting - who performs |
The tariffs are specified in the contract (article 11) as well as the charge for a new connection. Tariffs can be reviewed annually. The provider or the community may also request an increase or decrease respectively. The amount by which the license fee can also be revised annually in agreement with the Technical Service of the community to take into account renewals etc. The change of tariff should be approved by a decision of the Community Council (article 12) |
Tariff collection - service provider on own or on authority behalf? |
The provider collects the revenue and then transfers each month the license fee (which is fixed in the contract) for rehabilitation, extension and auditing costs, as well as fee for community budget, to the designated bank account of the community (article 13) |
Payment - does provider keep revenues/get paid fee |
The operator keeps revenues (other than licence fee) (article 13) |
Is any sum put aside for rehabilitation? |
Yes, a license fee for the rehabilitation, extension and auditing is established and is paid by the provider every month. (article 13) |
Accounts and reporting |
The provider is to have accounts drawn up by accountants approved by the community.(article 5). It is to make monthly reports and annual accounts to the community |
Proposals for capital expenditure and renewal |
The provider is to propose to the community a program of investments each year, to be financed from the rehabilitation fund (article 5) |
The assets and any new assets are held by the community (article 7) |
|
Regulator/monitoring body |
The community plays the role of monitor and supervisor |
Right to cut off supply |
Provider has a right to suspend the service for non-payment (article 9) |
Dispute resolution |
Reconciliation; litigation (article 23) |
Customer complaints mechanism |
There is no provision specified - but the agreement is with the community and so it is likely that complaints would be addressed to the community |
Updated: