Technical & Financial Proposal

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Fraser & HoustyAttorneys-at-Law andWatsonWebleyAdvisors &Consultants Ltd.Technical &Financial ProposalGS/OAS – Caribbean Emergency Legislation Project/ Activity: 201.2Prepared by:Fraser & Housty Attorneys-at-LawGeorgetown, GuyanaWest IndiesAndWatsonWebley Advisors & Consultants Ltd.Kingston, JamaicaWest Indies

SECTION 1: LETTER OF TRANSMITTAL & COMPLIANCE STATEMENTMay 30, 2009The General Secretariat of the Organization of American StatesDepartment of Sustainable DevelopmentAttn: Claudia de WindtEnvironmental Law, Policy and Good Governance DivisionSuite 715, 1889 F Street, N.W.Washington, D.C. 200006United States of AmericaRE:GS/OAS - Caribbean Emergency Legislation Project / Activity: 201.2Dear Ms. de Windt:Fraser & Housty, Attorneys-At-Law (Guyana) in conjunction with WatsonWebley Advisors &Consultants Limited (Jamaica) are pleased to submit this proposal in response to the Request forProposals for the “comparative analysis of international legal and institutional frameworks.” Inaccordance with the Request for Proposals, we are hereby submitting this Proposal, whichincludes both a Technical and Financial Proposal.We hereby declare that all information and statements made in this Proposal are true and acceptthat any misinterpretation contained in it may lead to our disqualification. The proposal andany prices quoted herein are valid until July 1, 2009.Thank you for the consideration of this proposal.Sincerely,Mr. Teni HoustyPage 2 of 19

SECTION 2: CONTACT INFORMATION & PROJECT SUMMARY2.1Contact InformationName Teni E. HoustyCompany Fraser & Housty,Attorneys-at-LawAddress 260 Middle Street, SouthCummingsburg, Georgetown.Country GuyanaTelephone (592) 226-0891 / (592) 335-5017Fax (592) 227-4771E-mail thousty@sgfraser-co.comthousty@yahoo.comWebsite www.sgfraser-co.com2.2Sasha A. Watson, Esq.WatsonWebley Advisors &Consultants Ltd.10 North AvenueKingston 4Jamaica(876) 344-5385 / (876) 285-3659(876) s.comwww.watsonwebley.comProject SummaryOver the past decade there have been numerous natural and manmade disasters within theAmericas that have exposed the need for tailored legislation and institutional reorganization inthe area of disaster and emergency preparedness and management. In recent years Caribbeanregion has shown itself to be physically and geographically vulnerable to natural disasters. Thisvulnerability has revealed inadequacies in the necessary legal and regulatory framework,particularly relevant legislation to support both operational and financial responsiveness.The adequacy and efficacy of the existing legal and institutional frameworks in the Caribbean tofacilitate efficient and coordinated preparation and response activities to natural disasters,including, but not limited to, warning and communications systems, declarations of emergency,identification and mitigation of hazards and risks, emergency funding, evacuation, internationalhumanitarian relief, and recovery, is below the standard required to meet the desiredresponsiveness for, and in some instances curtails the ability of the government to aptlymanage, the numerous types of natural disasters facing the region.The primary goal of Component II of the Caribbean Emergency Legislation Project 2009consultancies is to compare and analyse the existing legal and institutional frameworks foremergency response, in civil and common law countries around the world, with specialattention to countries of the Americas (North, Central and South) and to ascertain whether partsof these frameworks could serve as models or provide foundations for an improved legal andinstitutional framework in the Caribbean, considering current legislative and ontemplatedbytheRequest for Proposals and issues not considered, and proposes methodologies to achieve thedesired output.Page 3 of 19

SECTION 3: NOMINATED CONSULTING TEAM3.1Consultant’s ExperienceIn order to adequately service the regional and technical requirements of this consultancy,Fraser & Housty, Attorneys-At-Law, headquartered in Georgetown, Guyana, andWatsonWebley Advisors & Consultants Ltd., headquartered in Kingston, Jamaica, have agreedto undertake this consultancy as a team. This arrangement will ensure that this consultancy hasboth the experience and resources necessary to fulfil and deliver the desired outputs at anoptimal level and within the stipulated timeframe.The two (2) primary entities will take responsibility for conducting this consultancy andcompiling the relevant information in their assigned countries and will work simultaneously toproduce the deliverables outlined below. This proposed work approach will increase thecomprehensiveness of the proposed deliverables and lessen the actual time for completion ofthe assignment.3.1.1Fraser & Housty, Attorney-At-LawFraser & Housty, Attorney-At-Law, is a modern and progressive legal services firm based inGeorgetown, Guyana. The firm has integrated the over forty-one (41) years of collectiveexperience of its two principals in both traditional and emerging fields of law, Fraser & HoustyAttorneys-at-Law has completed several projects and engagements for a wide cross-section ofclients including the Inter-American Development bank and other International DevelopmentPartners (IDPs), public and private sector agencies, as well as nongovernmental organizations(NGOs). The principals of the firm are Attorneys-at-Law and Legal Consultants Stephen G.N.Fraser and Teni E. Housty.3.1.2WatsonWebley Advisors & Consultants Ltd. (“WWACL”)WWACL is a full service consulting firm servicing the needs of individuals, companies andgovernment agencies, locally, regionally and worldwide. WWACL provides a wide range ofconsulting services with expertise in the areas of legislative analysis and drafting, governmentprocurement, entertainment and regional immigration. Although a relatively small andemerging entity, WWACL’s experience is characteristic of large traditional firms and our use ofcutting edge state-of-the-art technology and delivery of first class client service is unparalleledindustry wide. The principals of WWACL have participated on Caribbean consultancies fundedby the Inter-American Development Bank.Page 4 of 19

3.1.3Nominated TeamWe are committing a two (2) person Team for this consultancy. They are:Mr. Teni HoustyTeam Leader, Attorney-at-Law, Environmental Law &Legislative Analysis & Drafting ExpertMs. Sasha WatsonAttorney-at-Law and Legislative Analysis & DraftingExpertThe resumes’ for the consulting team members and references are provided at Appendix A ofthis Proposal.SECTION 4: APPROACH, METHODOLOGY & WORK PLAN4.1.Our Understanding of the Project & the Required KnowledgeIn recent years, several Caribbean States have had to respond to natural and man-madedisasters and emergencies. These have included hurricanes, earth quakes, floods, volcaniceruptions and military coups. These experiences illustrate that there is need to strengthen andimprove the legal, regulatory and institutional frameworks to provide optimal disastermanagement geared to safeguarding life and property. Some Caribbean States stated to takelegislative steps to address some of the needs of a legal and regulatory framework to deal withemergencies while others have not. This is will be addressed as part of the Component I“assessment of national legal and institutional frameworks related to state of emergency and budgetappropriation, including budget execution, and procurement” of this three component consultancy.Bearing in mind that jurisdictions in the Americas and beyond have addressed the legal andregulatory issues relevant to natural disasters and emergencies, it will be important that theCaribbean response be guided as best as possible by the lessons learnt from other jurisdictions.We see these lessons as critical to this consultancy. This consultancy will therefore ascertainwhether parts of the frameworks in North, Central and South America as well as in otherjurisdictions could serve as models or provide foundations for an improved legal andinstitutional framework in the Caribbean, considering current legislative and administrativegaps. This consultancy therefore requires an in-depth working knowledge of the national lawsin Caribbean as well as practical experience in several areas, these include: Legislative interpretation & analysis Institutional assessment, capacity building and reorganization Caribbean socioeconomic and cultural dynamics Public policy analysis and assessment Research & WritingPage 5 of 19

4. 2Proposed Deliverables, Approach & MethodologyWe are proposing to produce four (4) tangible deliverables from this assignment based on thescope of work, our understanding of the requirements, and our experience in legislativeanalysis, institutional assessment and institutional reorganization for capacity building. Thesedeliverables fulfil and even exceed the terms of reference.Deliverable No.1AN INCEPTION REPORT DETAILING THE PRINCIPLES,FRAMEWORK, AND WORK PLAN OF THE CONSULTANCYThis report will outline the key areas to be addressed during the consultancy and will: Identify the benchmarked countries and international legal instruments for comparativeanalysis. Include a detailed work plan including tasks, assignments, and timetable for completionand critical support requirements from the client.Approach toproducingDeliverable No. 1Deliverable No.2We will use two (2) methods to prepare for this output: 1) teamworking sessions; and 3) team leader preparation of the Report.REPORT ON THE KEY LEGISLATIVE & ADMINISTRATIVEPROVISIONS IN BENCHMARKED JURISDICTIONS &INTERNATIONAL LEGAL INSTRUMENTSThis Report will include : An inventory and matrix, including written draft, description of scope and accuratecitation, of the legislative and administrative provisions at the constitutional andsupplementary levels in benchmarked countries and in key international legalinstruments with specific emphasis on the following areas related to disasterpreparedness and management: State of emergencyBudget appropriation and executionChannels of responsibilityDefinition of emergency and disaster Analysis and assessment of the scope, operability, effectiveness, success andreplicability of said provisions in the CaribbeanPage 6 of 19

Approach toproducingDeliverable No. 2We will produce Deliverable No. 2 using the following work steps: Desk study of constitutions, acts, regulations, administrativerules and decisions of regional and internationalorganizations, national policy instruments, internationalagreements, model laws, case law and international bestpractices within benchmarked countries. These will include:Belize - Disaster Preparedness And Response Act CHAPTER 145; Saint Lucia - The Disaster Preparedness andResponse Act 13 of 2000; and St. Vincent and the Grenadines- National Emergency and Disaster Management Act, 2006. Analysis of pertinent white papers and case studies withregards to international legal and administrative regulationsin benchmarked instruments and countriesDeliverable No. 3COMPARATIVEANALYSISOFINSTITUTIONAL FRAMEWORKSTHELEGALANDThis report will: Compare and contrast the legal and institutional frameworks in benchmarkedcountries with that currently existing in the Caribbean Highlight and discuss the legislative and administrative gaps between the legaland institutional frameworks in the Caribbean and that in benchmarkedjurisdictions Provide best practices and recommendations for the legal and institutionalframeworks in the CaribbeanApproach toproducingDeliverable No. 3We will produce Deliverable No. 3 using the following work steps: Direct comparison of all relevant legislation in tabular form,including common and differing provisions. Thisexamination will look at disaster preparedness laws relatingto funding, human rights, international humanitarian nications, national security and health. Theinternational responses to be examined will include: TheInter-American Convention to Facilitate Disaster AssistancePage 7 of 19

of 1991, the initiatives developed under the InternationalDisaster Response Laws, Rules and Principles programme(IDRL), as well as the Framework which has emerged underthe Hyogo Framework for Action 2005-2015:Building theResilience of Nations and Communities to Disasters Analysis of pertinent white papers and case studies withregards to best practices for emergency response, recoveryand mitigation legal and institutional frameworks inbenchmarked jurisdictions Examine unique socioeconomic and cultural characteristicsthat may preclude implementation and/or replication of thelegal and institutional frameworks best practices in theCaribbean Utilize data and deliverables of Component I andComponent III of the CELP consultancy to assess the mannerin which best practices can be replicated in the CaribbeanDeliverable No. 4FINAL REPORTThis Report will be a consolidation of all the Deliverables No. 2 and No. 3.Approach toproducingDeliverable No. 4 Streamline the data obtained from Deliverables No. 2 andNo. 3 and incorporate information obtained from othercomponents of the consultancy Team sessions to produce the final report includingorganization and presentation of the relevant data4.3Work ScheduleWe can commence work on this consultancy within seven (7) working days of signing acontract and complete it within the stipulated three (3) months. The deliverables andcorresponding methodologies/approach are proposed to be undertaken in accordance with thetentative work schedule below. A final work plan and schedule will be provided as part ofDeliverable No. 1.Page 8 of 19

Detailed working planIdentification of benchmarkedjurisdictions and international legalinstrument sInception Report1Total for Deliverable No. 1Inventory of legislative andadministrative provisions at theconstitutional & supplementarylevel in benchmarked countries2MatrixComparative analysis andassessment for scope, operability,effectiveness, success andreplicabilityTotal for Deliverable No. 2Comparative analysis of legal andinstitutional frameworksAnalysis of outputs for Component Iand Component II3Gap AnalysisAssessment of best practices andrecommendationsTotal for Deliverable No. 3First Draft of Complete Report4Final Draft of Study (OAS comments& Feedback)Total for Deliverable No. 4Totals Per Month & alDays0.51Months20.5Form 1: Work ScheduleNo.4.3 .1DELIVERABLESNotes

SECTION 5: FINANCIAL PROPOSALFraser & Housty, Attorneys-at-Law and WatsonWebley Advisors & Consultants Ltd., offer toprovide the consulting services for Component II, “comparative analysis of international legal andinstitutional frameworks,” in accordance with the Request for Proposal and the foregoingTechnical Proposal. The proposed cost for completion of this component of the consultancy isfor the sum of US 5,800.00 (five thousand eight hundred United States dollars)5.1Summary of CostsDescription1. Remuneration2 Drafting and production of reports4. Stationery & SuppliesTOTALUnitDay (x 16)Unit Cost US 5,600.00 100.00 100.00 5,800.00The remuneration element is calculated on based on the maximum compensation indicated inthe Terms of Reference and the chargeable days derived from the work plan.5.2Consultant RemunerationName1. Teni Eric Housty2. Sasha Watson5.3PositionConsultantConsultantStaff Day RateUS 350.00US 350.00No. of Days106Breakdown of Reimbursable CostsDescription1. Drafting and production of reports2. SuppliesTotalUnitUnit Cost US 100.00 100.00 200.00

APPENDIX A: Consulting TeamA. ResumesB. ReferencesPage 11 of 19

PART A: RESUMESMR. TENI HOUSTY1.Proposed Position:Attorney-at-Law, Mediation & Legal Consultant2.Name of Firm :Fraser & Housty Attorneys-at-Law3.Name of Staff :Teni Eric Housty4.Date of Birth: 12 November, 1973 Nationality: Guyanese5.Education:thUniversity of the Witwatersrand, Johannesburg,South AfricaMaster of Laws, July 2002The Hugh Wooding Law School, Trinidad and TobagoLegal Education Certificate, 1996The University of the West Indies, Cave Hill,BarbadosBachelor of Laws (LLB), Honours, July 19946.Membership of Professional Associations: The Guyana Bar AssociationPresidentWorld Conservation Union (IUCN)Member – Commission on Environmental Law7.Other Training: Trainer of Mediators (2008)Advanced Mediation Training (2007)Trained Mediator (2004),8.Countries of Work Experience:9.Languages:Guyana, SurinameEnglish: Excellent proficiency in speaking, reading and writing10. (A) Employment RecordGUYANA Partner, Fraser & Housty Attorneys-at-Law- 2004 - Present Associate Attorney-at-Law – Mr. Ashton Chase O.E., S.C. - 1996 – 2000Relevant Highlights:Legal representation and advice to the Guyana Public Utilities Commission Registered Patent and Trademark Agent Admitted to Practice at the Trinidad and Tobago Bar 2 Admitted to Practice at the Guyana BarndNovember, 20077th October, 1996Page 12 of 19

MR. TENI HOUSTY (CONT’D) Practicing Mediator2004 - Present Consultant to the Guyana Environmental Protection Agency and United NationsDevelopment Programme – National Capacity Self Assessment Project.- Streamlining Institutional Structures and Mandates to Address the requirements of theUnited Nations Convention on Biological Diversity, the United Nations ConventionFramework Convention on Climate Change and the United Nations Convention toCombat Desertification.- March 2009 – to present. Consultant to the Program Coordinating Unit of the Trade Sector Support Programthe Ministry of Trade and Industry in Paramaribo, Suriname.- Delivery of Four Intellectual Property Workshops; Basic Issues and concepts of IPRs policy, international and national legislationand enforcement; IPRs related to Music copying/performing arts The Role of Government in Intellectual Property Protection. Intellectual Property Rights for the Small and Medium Size Enterprise.- August, 2008 – November, 2008. Consultant to the Guyana Wildlife Management Authority Wildlife Division- Legislative Review of Species Protection Regulations (SPR) 1999;- Drafting of Revisions and Amendments to the SPR 1999;- March, 2008 – December, 2008. Consultant to the GoG/UNDP Capacity Building for the Management of NaturalResources and the Environment Project- Drafting of Wildlife Management and Conservation Regulations;- July, 2007 - December, 2007. Consultant to Public Management Modernisation Programme, Government ofGuyana.- Review of the Policy, Legal and Regulatory Framework governing the Guyana PublicService and Guyana Public Service Commission;- October, 2006 – April, 2007. Consultant to Environmental Protection Agency and United Nations DevelopmentProgramme – National Capacity Self Assessment Project- Review of the Policy, Legal and Regulatory Framework and other cross cuttingcapacity issues for the implementation of the United Nations Convention onBiological Diversity, the United Nations Convention Framework Convention onClimate Change and the United Nations Convention to Combat Desertification;- August, 2006 – January, 2007. Consultant to BKP Development, Böcksteiner Str. 55, 81241 Munich, Germany Improving Private-Public Dialogue on Trade-Related Issues through InstitutionalStrengthening Ref 9 ACP RPR 35/1 Project n 73- Review of Guyana’s commitments under the General Agreement on Trade inServices (GATS) of the World Trade Organisation (WTO)- Preparation of an participation in training of trainers sessions- Presentation on GATS and the IT-Sector in Guyana- November, 2006.Page 13 of 19

MR. TENI HOUSTY (CONT’D) Consultant to S. V Jones Associates - Inter-American Development Bank: Fiscal andFinancial Management Program: Ministry of Finance – Organization and ManagementReview of the Accountant General Department- Review of the Legal and Regulatory Framework of the Accountant GeneralDepartment,January – March, 2006.Consultant to the N

includes both a Technical and Financial Proposal. We hereby declare that all information and statements made in this Proposal are true and accept that any misinterpretation contained in it may lead to our disqualification. The proposal and any prices quoted herein are valid until July 1, 2009. Thank you for the consideration of this proposal.

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