2. Fostering Improved Performance through Internal Contractualisation Presented at the Water Week Washington By Dr. William T. Muhairwe Managing Director, NWSC-Uganda February 18 th 2009

3. Improved Performance Through Contractualisation Definitions ■ Improved Performance is a result of incremental value addition to the desired state of a given situation ■ Contractualisation is therefore the process of establishing a workable/Practical relationship between two parties (principle and agent) with a view of reaching the desired state of the given situation. ■ Attributes: □ Clear Common Vision of both parties □ Clear obligations of both parties □ Clear Roles and Responsibilities □ Clear performance Indicators and Targets. □ Incentive/Penalty Framework □ Monitoring and Evaluation Framework □ Dispute resolution

4. Legalistic Contracts (Anglo-Saxon type)  Use strong deterrent approaches  Attempt to be detailed enough to apportion blame for poor performance Partnering Contracts (French type)  These are like agreement to marry; enter first and negotiate modalities of engagement  Use persuasive and ‘lets work together’ approaches The “Eye to Eye” or “The Word” Contracts (Arabian/African Worlds)  No written agreement, based on trust and my word against yours. Community Based/Elders Contracts (African/Indian/Asian)  The Elders or the most experienced or seniors have last word  Autocratic Type of Contracting  The contracting parties themselves have little or no say Traditional Categories of Contracts

5. For unpredictable operating environments where both the principal and agent are on a learning phase:  More of partnering and less of legalistic  Most WSS utilities in developing countries whose operating systems and procedures are not fully developed fall here For reasonably predicable environments where each party is clear/knowledgeable about its obligations:  More of legalistic and less of partnering  Most WSS utilities in developed countries fall here Determining Factors of Choice of Contracts a) Operating Environment

6. 5 Evolution of Contracting Options b) Developmental level of Contracting Parties

7. NWSC Experience To Contractualisation  Parastatal set up in 1972  Currently responsible for WSS services in 23 towns of Uganda (pop. 4.3M, 202,000 customers, Network Length: 3,400 Km; Staffing: 1,413; 72% pipe water coverage; Turnover: Ushs 84Bn) Vision Statement To be One of the Leading Water Utilities in the World Mission Statement The Mission of the Corporation to provide efficient and cost effective water and sewerage services, applying innovative managerial solutions to the satisfaction of our customers and other stakeholders in an environmentally friendly manner

8. Background To Contractualisation in NWSC ■ NWSC Historical performance: Prior to 1998 characterised by gross inefficiencies -Monthly cash deficit -$300,000 per month -Low collection efficiency 60% -Low staff productivity 36/1000 -High operating expenses etc. -3,000 connections per annum. ■ Urgent need to revamp the operations of the Corporation. ■ Turn around strategies commenced at a policy/strategic level with the change in the Board and Management. ■ At an operational level, instituted a number of change management programmes, commencing with, 100 Days, SEREP, Stretch out Programme. ■ The above programmes Focused on reversing the operational and financial deficiencies and restoring customer confidence.

9. 8 NWSC Internal Contracts The Cascading Trickle Down Mechanism of Contracts ■ GoU/PC 1 => APC 2000-2003 ■ GoU/PC II => IDAMCs 2003-2006 ■ GoU/PC III=> DAMCS 2006-2009 Individual Performance Contracts One Minute Goals

10. 9 Schematic Presentation of Contracts  The NWSC-Head Office (Represented by Authorized Representative) on one side and the Operator (Area Manager as the Managing Partner, supported by Key Select Team, as provided for in the Deed of Partnership) on the other side: the MD is still accountable for operations of both parties Head Office Area Manager Key Staff Seconded Staff OPERATOR

11. 10 Obligations: Operator/Head Office Obligations of Operator include: ■ Safeguard, use, maintain and control assets, provide O&M management services, carry out rehabilitations and extension of systems and bill/collect revenues. Obligations of Head Office include: ■ Set tariffs, rates, charges, pay management fees, monitor evaluate performance, provide general strategic guidance, and carry out major capital works

12. 11 Contractual Provisions ■ Flexibility and Possibility to amend or cause a variation in the Contract ■ Termination of Contract after giving sufficient notice (either party can terminate) ■ Contract intended to act as a business partnership other than a legalistic venture => “fairness” is the key word ■ Dispute resolution starts with amicable understanding between the two parties => MD => Board of Directors (in the unlikely event of dissatisfaction after the two stages)

13. 12 ■ Working Ratio (WR) ■ Cash Operating Margin (COM) ■ Non Revenue Water (NRW) ■ Collection Efficiency (CE) ■ Connection ratio (CR) Measurement and verification system for indicators: ■ Measured through reports, analysis and verification through regular checkers visits. ■ Abnormal trends are discussed and corrected through regular consultations with Areas before payment of incentives. ■ Deliberate data manipulation, carries strong penalties on partners (provided for in IDAMCs). ■ Checkers system, un announced visits to areas to verify what is on the ground. (Messiah-Principle) □ Checking parameters agreed with areas Typical Key Performance Indicators/Measurement Framework

14. 13 Financial Incentives  Based on clear, specific and measurable targets.  Computed, based on minimum and Target standards  Need for a base fee and incentive/performance fee directly linked to key targets.  If an Area meets SMART targets; individuals earn bonuses up to 60% of baseline gross salary increment; if an Area meets stretch targets individuals earn up to 120% increment (capped).  Performance below minimum performance targets attracts a penalty of up to 25% of partners’ gross salary. Non – Financial Incentives (Emotional)  Trophies to best performing Areas/Departments.  Publication of Monthly, Quarterly and Annual Performance of Best and worst. Incentive and Bonus Mechanism

15. 14 Key Success Factors ■ Empowerment of staff ■ Devolution of power from the centre to regional operations ■ Increased Customer Focus ■ Incorporation of “Private Sector Management Style” efficiency and/or Good Management Principles (less bureaucracy, performance-based pay, “customer-pays-for-a good service” principle etc). ■ Good planning & continuously challenging management teams with new performance targets ■ Clear oversight and monitoring through checkers system ■ Information sharing through benchmarking

16. 15 The Results Performance Indicator 19982008 Service coverage 48%72% Total connections 50,826202,559 New connections per year 3,31725,000 Metered Connections 37,217201,839 Staff per 1000 connections 367 Coll. Efficiency 60%92% NRW 60 %32.5% Proportion metered accounts 65%99.6% Annual turnover (Billion UShs) 2184 Profit (After. Dep) (Billion UShs) 2.0 (loss)3.8 (surplus)

17. 16 Conclusions/Lessons  In today’s perspective Internal Contracts can be an alternative, a complement and are in any case a good preparation for conventional PSP solutions.  Individual contracts act as a complement to collective contracts.  Internal Contracts can be successful if: ■ Well planned and owned by the staff. ■ Prepared using International Benchmarks ■ The Top management is competent and committed to it ■ Well managed through effective monitoring and evaluation.  Incentives key to efficiency and productivity of staff “ Be the Change you want to see” (Mahatma Gandhi) INNOVATION IS KEY! In line with the Innovative Programmes, we are currently offering Consultancy services as shown overleaf

18. Services offered by NWSC 17 Core Services Advisory Services Capacity building Technical Assistance  Organizational behaviour change  Institutional development  Contract design & incentive systems  Asset management  Project management  Systems development Billing, Block mapping Development & Strategic plans / Annual plans Establishment of M & E Units

19. Who have benefited from ES? e Management Initiatives 18 The Water Sector  Nairobi Water and Sewerage Company, Nakuru Water, Naivasha Water, Kisumu Water, Mombasa Water, NZOWASCO Ltd: Kenya,  Small towns around L. Victoria under UN-Habitat  Nkana Water; (Lusaka Water and Sewerage Co Ltd: Zambia  DAWASA/DAWASCO: Dar-es-salaam: Tanzania  Electrogaz, Rwanda  Nigerian utilities (Lagos Water, Oguni State Water)  New Delhi Water Board and Several Water Municipality Water Boards in India  Zanzibar Water Authority (ZAWA)  Liberdade, Mozambique  Association of Water Operators of Uganda  Northern Uganda Towns of Kitgum and Pader (USAID-funded) Outside the Water Sector  Steel Rolling Mills Alam Group of Co.  The Lands Dept in Ministry of Lands and Housing  The Kampala City Council (Revenue Improvement)