Uyui Local Government Authority

MEMORANDUM OF UNDERSTANDING BETWEEN UYUI LOCAL GOVERNMENT AUTHORITY AND ILOLANGULU COMMUNITY OWNED WATER SUPPLY ORGANIZATION FOR UTILIZATION, OPERATION AND MAINTENANCE OF THE WATER SUPPLY SCHEME

According to the Water and Sanitation Act and its regulation, an establishment of Community Owned Water Supply Organizations (“COWSOs”) needs to be legally registered in respective LGA. This Memorandum of Understanding (“MoU”) is an arrangement between COWSO and Local Government Authority (“LGA”) for utilization, operation and maintenance of a water supply scheme.

WATER SUPPLY SCHEME 1. Members of a COWSO known as Ilolangulu have agreed to utilize, operate and maintain the borehole.

2. COWSO members are permitted to utilize, operate and maintain the following borehole/well.

a. Number of the borehole: 2

b. Installed a hand pump: 1 and submersible pump: 1

c. Installed generator: None (Tanesco power supply)

d. Location of the borehole: Ilolangulu Sub-Street of Mateteni. In the village of Ilolangulu. Municipal of Uyui in Tabora Region

e. Coordinate of the borehole/well: ……………………………….

3. COWSO shall also have a responsibility of an area around the water supply scheme with a radius of 100 meters.

1 RIGHTS OF COWSO MEMBER 4. Each life member and his/her family have the right to use the water supply scheme any time they wish and can draw any amount to water according to set regulations of COWSO but only for domestic use.

5. In case the head of a household dies, one of his/her relatives shall be allowed to be a member of COWSO in his/her place and shall have equal rights like with all other COWSO members.

6. In case a member ceases his/her membership or shifts to another place, that member shall not get back his/her contributions he/she made to the organisation.

LEADERSHIP OF COWSO 7. The leadership of the organisation shall be under six (6) people, three men and three women. If the Chairperson is a woman, then the Secretary must be a man.

8. The leadership term in office shall be five years, after which new elections will be held. The incumbent leaders can contend and be re-elected.

9. If a leader violates the laid down regulations, causing some loss to COWSO, shall have his leadership terminated by the organisation through secret voting in an open meeting.

FINANCE OF COWSO 10. The organisation shall have a recognizable Bank Account for financing the operation and maintenance of the water supply scheme.

11. The signatories of the Account shall be:

a. Chairperson

b. Treasurer (Accountant)

c. Secretary

d. One member selected from the general meeting

RESPONSIBILITIES OF COWSO MEMBERS 12. COWSO members shall have the following responsibilities:

a. To pay water tariff 2 b. To inform any problems and breakdown of and around the water supply scheme to board members of COWSO.

c. To participate in the development and management of the organisation

d. To participate fully, both men and women and women in any meetings/sessions of the purpose of ensuring success.

e. To participate in approving plans for implementation of legal framework for COWSOs.

f. To participate in decision making on issues of development of the water supply scheme.

g. To participate in decision making on types and level of contribution for water supply and environmental sanitation.

h. To provide contributions, materials, labour in kind, in the rehabilitation and replacement activities of the water supply scheme or environmental sanitation services.

i. To participate in deciding the type of water technology, based in investigating/survey results, designs and costs of the water supply scheme.

j. To participate in preparing a suitable arrangement for ensuring protection of the water supply scheme as well as provision of environmental sanitation services on day to day basis by proper waste, wastewater and livestock management and latrine construction and use etc.

k. To participate in safeguarding and protecting at and around the water supply scheme.

13. In case an organisation member fails on purpose and without a sound to implement one of the items in No.12 above will get a warning two times. If he/she continues to do the same mistakes then he/she will be required to pay a penalty of Tshs 50,000/=. If he/she refuses to pay then he/she will be ordered by COWSO to stop or suspend to use water supply scheme until he/she pay the fine.

14. Those who do some actions which can cause/result into chaos in the organisation will be warned by the organisation three times, and if he/she continues the same things the organisation members will rusticate him/her.

3 15. Conflicts which will occur among organisation members will be forwarded to members’ general meeting for decision making.

RESPONSIBILITIES OF COWSO COMMITTEE MEMBERS 16. Committee members of COWSO shall have the following responsibilities:

a. To ensure a supply of clean, safe and sufficient water that meets national and international water standards.

b. To operate all activities of COWSO carefully, to develop and maintain the equipment of the water supply scheme in all areas where COWSO provides service.

c. To develop and promote good water use practices for the benefit of this generation and future generations.

d. To coordinate budget and provide income and expenditure information on a community notice board once a month.

e. To keep records such as financial, operation and maintenance of the water supply scheme.

f. To provide education about hygiene and safe storage of water to COWSO members

g. To ensure the availability of tools that COWSO sees as important to the members of COWSO members.

h. To collect water tariff from COWSO members and use these funds to pay for operations, maintenance and for capacity development of COWSO members.

i. To prepare feasible O&M plans and finance plan for proper operation and maintenance of the water supply scheme

j. To set water tariff according to the prepared O&M plan and financial plan.

k. To consider water tariff for poor people who live in the designated area identified by the local government/village government.

l. To prepare and provide monthly, quarterly and annual reports and send copies to the council director and COWSO members.

m. To put in place an appropriate agreed system/method for water fee payment such as cash per bucket, monthly, annually per household etc.

4 n. To attend meetings presented by the designated council and within the project’s service areas.

o. To resolve conflicts arose among COWSO members.

p. To give warning and punishment to those who violates the water supply scheme and environment in all areas where COWSO provides service.

q. To advise the government on creating policy concerning the development and protection of water sources.

r. To communicate with other COWSOs in respect to the water problems, and preparation and implementation of the plans for the expansion of the water activities through cooperation with local government.

s. To manage the protection and conservation of the environment in the water service area to prevent pollution from improper waste, wastewater and livestock management and latrine construction and use etc.

t. To form different committees and give them responsibilities for implementation of COWSO activities.

u. To recommend bye-laws concerning water and supply of water services and submit the proposals to the council director for further action if necessary.

v. To approve the provision of water supply services or equipment, that will be transferred from some COWSOs to the other COWSOs as directed by the council.

w. To receive and implement council director’s orders or instructions on any matter, ordinary or special, concerning the operations of COWSO.

x. To submit proposals to LGA for any changes of COWSO leadership, water tariff, O&M plan and financial plan and other prices and/or plans for the services provided by COWSO.

17. Every committee members of COWSO shall be democratically chosen by COWSO members in the designated area.

MEETINGS 18. There shall be a general meeting of the organisation which will be held twice per year. The meeting shall be called by the Secretary.

5 19. The six people Committee of the organisation will meet regularly for the purpose of implementing the organisation’s daily activities.

20. The organisation can hold an ad hock meeting any time that will be called upon by the Chairperson of the Organisation.

O PERATION AND MANTENANCE 21. Full operation and maintenance cost is fully covered by water tariff.

22. A tap of the boreholel will be opened Twice in a day. Each opening and closing time is as follows.

1: from 8 am to 12 noon 2: from 2 pm to 6 pm 23. The pump will be operated when the tank become empty.

PERIODICAL REPORT 24. Each periodical report (monthly, quarterly and annual report) shall be submitted to LGA with the following schedule;

a. Monthly report: Every 5 days of the next month (totally 12 times / year)

b. Quarterly report: 5 day of ……………………, ………………….., …………………… and ………………….. (totally four times / year)

c. Annual report: 5 day of ……………………… (totally once a year)

25. In case COWSO does not submit report by a deadline and ignore reminds from LGA, suspend or cancel the certificate through default notice.

OTHER CONDITIONS OF COWSO 26. In case any equipment of the water supply scheme will be stolen, the case will be reported to the Village government and then to the Police by the Chairperson or Secretary of COWSO or any other member of the committee.

27. In case a youth who has been living with one of the members (household) of COWSO becomes independent, he/she will be straight forward a member of COWSO and he/she is supposed to pay membership fee and any other necessary contributions.

6 28. It is forbidden for any person to wash utensils, bucket, cereals of any type, to take bath, to wash clothes or allow cattle/livestock drink water from the borehole/well and/or intake site.

29. It is forbidden for a child below 7 years without a company of an adult to be in the premises of the water supply scheme or to come and draw water.

30. It is forbidden for any person to defecate, urinate or construct latrines in the premises or near the borehole/well and intake sites within at least a radius of 100 metres.

31. It is forbidden for any person to enter the water supply scheme premises by jumping over the fence of the well.

32. It is not allowed for people to make arguments or unofficial meeting at the water supply scheme.

33. It is forbidden to eat any type of fruits or foods around the water supply scheme.

34. It is forbidden for livestock to graze around the water supply scheme premises within at least a radius of 100 metres.

35. It is forbidden for construction of latrines, drainage of wastewater and disposal of waste around the water supply scheme premises within at least a radius of 30 metres.

36. Any person who violates any of the above items will be penalized amount less than Tshs 50,000/= payable to COWSO.

RESPONSIBILITY OF LOCAL GOVERNMENT AUTHORITY

37. LGA shall have the following responsibilities:

a. To delegate authority to COWSO for use, operation and maintenance of the water supply scheme.

b. To properly and timely assist COWSO such as preparation of document, operation and maintenance of the water supply scheme and human resource development.

c. To evaluate O&M plan and financial plan of COWSO and give technical support to improve them for the adaption.

d. To receive monthly, quarterly and annual report from COWSO and evaluate the data timely as agreed in item NO. 24.

7 e. To give technical support to COWSO according a results of report evaluation as necessary.

f. To monitor COWSO and COWSO members whether they properly use, operate and maintain the water supply scheme.

38. LGA shall provide financial assistance such as grants, loans or subsidies to COWSO according to COWSO proposals. The proposal should be evaluated by equity, transparency, the purpose of the financial assistance and the financial position of COWSO.

39. In case COWSO holding a certificate is in default of the terms and conditions written in this MoU, LGA may issue a default notice in writing specifying the nature of the default of COWSO.

40. In case COWSO has failed to remedy or rectify the default within time specified in the default notice or has not made a representation satisfactory to the Registrar, the Registrar shall suspend or cancel the certificate.

41. If LGA is satisfied that COWSO is default as provided for in the item of NO. 44 above, LGA shall suspend or cancel the certificate.

42. In case COWSO has been suspended or cancelled, LGA shall appoint a care take committee to manage or operate the water supply scheme or system and provide water supply services for a period not exceeding six months.

REHABILITATION AND REPLACEMENT OF EQUIPMENT

43. COWSO basically have a full responsibility of operation, maintenance, rehabilitation and replacement of equipment and tools of the water supply to preserve sustainable water supply service.

44. LGA can support the following rehabilitation and replacement by requests from COWSO.

a. Procurement, rehabilitation and replacement of tank, submersible pump, hand pump, pipeline.

b. Provision of technical support to CWOSO’s maintenance activities as necessary.

c. Technical review of the water source if there is reduction of water volume.

8 45. In case of the item No. 47 and 48, COWSO shall submit a proposal of rehabilitation and/or replacement plan, necessary expenditure and their contribution for implementation to LGA.

46. LGA shall evaluate the plan, necessity expenditure and their contribution submitted by COSWO, and LGA shall make a decision of appraisal or refusal of their plan.

For evidence, COWSO and LGA agree as per the notes above and endorse this ………….. of …………….. 2015. Signed by:

Mr. ……………………………. Eng. …………………………… COWSO …………………………… LGA