CONTRACT : TMPD 02-2016/17
TENDER DOCUMENT
TMPD 02-2016/17
TENDER FOR THE SUPPLY OF PHYSICAL SECURITY GUARDING SERVICES
TO PROTECT THE PROPERTY, ASSETS AND PERSONNEL OF THE CITY OF
TSHWANE FOR A PERIOD OF THREE YEARS
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IMPORTANT
A. Bidders must note that the City of Tshwane reserves the right to award this tender
to more than one bidder.
B. REDUCTION OF APPOINTMENT
The Municipality shall at its’ sole discretion; having regard to the availability of funds
and needs; be entitled to terminate such a portion of the contractual appointment
which the Chief of Metro Police may deem fit; Provided that such proportionate
reduction shall be effected upon Three (3) months’ prior written notice from the said
Chief of Metro Police to the Contractor/Service Provider/Supplier; Provided further
that should the Municipality deem it necessary; it may request the
Contractor/Service Provider/Supplier to deploy more guarding services at the rates
tendered and at such sites which it may indicate from time to time.
C. FIRST AID TRAINING
Where the Municipality deems it fit it may insist that at least one guard per shift is
properly trained and competent to render First Aid Emergency on the Level One
Standard as accredited and approved by the Department of Labour (DOL), and the
Health and Welfare Sector Education and Training Authority (HWSETA), at those
sites or all sites as may be indicated by the Chief of Metro Police acting on behalf of
the Municipality; from time to time. Should it be necessary to conduct further
training for this purposes then such training will be conducted at any accredited First
Aid Training Institution at the cost of the Contractor/Service Provider/Supplier
NOTE TO BIDDERS
PRICING OF SCHEDULES OF QUANTITIES
All prices should be completed as indicated within the pricing structure and be
inclusive of Value-Added Tax
COMPULSORY REQUIREMENTS
IMPORTANT
The following South African Police Services (SAPS) certified documentation must be
attached to the bidder’s submission; failure to attach all the required documents will
result in the immediate disqualification of bidder’s submission. All documents to be
submitted must be certified within a six month period prior to the bidder’s submission
as prescribed.
1.
Proof of company registration with Private Security Industry Regulation Act
(PSIRA);
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2.
3.
4.
5.
6.
7.
8.
Proof of company Directors registration with Private Security Industry
Regulation Act (PSIRA);
Letter of good standing with Private Security Industry Regulation Act (PSIRA);
– Original Copy;
Proof of company registration with South African Revenue Services (SARS) –
Original Copy; Valid Tax Clearance Certificate
Proof of company registration with the 'Compensation for Occupational Injuries
and Diseases Act' (COIDA);
Proof of company registration in terms of the National Key Point Act – Original
Letter;
Proof of company registration with the Central Fire-arm Register;
Proof of company registration with the registrar of companies(CIPRO)
Failure to reach a minimum score of Forty five (45) points within the technical
evaluation scoring system will result in the immediate disqualification of bidder’s
submission.
We, the undersigned, hereby acknowledge and accept the compulsory
requirements above.
Signed
at
_______________________
_________________ 20_______
this
___________
day
of
AS WITNESSES:
1.
1
________________________________
BIDDER(S) The signatory warranting
that he is duly authorised hereto.
INTRODUCTION – PURPOSE – SCOPE
This document specifies the general requirements for the integrated security
services and shall be the minimum requirements accepted.
1.1 The City of Tshwane Metropolitan Municipality is requesting registered and
accredited bidders to provide security guards to the City of Tshwane (CoT).
Bidders will be required to provide guarding services in order to protect the
property, assets and personnel of the City of Tshwane (CoT)
The general specifications are compulsory and consist of schedules for
guarding services as provided within this specification.
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2
COMPLIANCE WITH SPECIFICATION
It will be required of the Successful Bidder to sign a Service Level Agreement
before any work and/or service commences.
The successful Bidder must be able to perform as required as per the
specifications within this document.
3
ACTS, STANDARDS, REGULATIONS AND CODES OF PRACTICE
3.1 Where reference is made to any Code of Practice or Standard Specification the
latest amendment or edition shall apply. Bidders shall ensure that they are
acquainted with the contents of such documents.
In terms of this specification all security (service) successful bidder’s and their
employees to be deployed on the premises of the Council shall at all times,
during the term of this agreement, remain registered in terms of the Private
Security Industry Regulation Act (Act 56 of 2001) and comply with the Private
Security Industry Regulations, 2002, which came into operation with the Act on
14 February 2002. Certified copies of the relevant certificates shall be
forwarded to the City of Tshwane before commencement of the contract.
3.2 The security services shall be carried out in accordance with the latest issue or
amendments of the following relevant legislation where applicable:
3.2.1 Private Security Industry Regulation Act 2001 (Act 56 of 2001);
3.2.2 The Private Security Industry Regulations, 2002, dated 14 February 2002.
3.2.3 The Appeal Regulations, 2002, promulgated on 14 February 2002.
3.2.4 The Compensation for Occupational Injuries and Diseases Act 103 of 1993.
3.2.5 The Occupational Health and Safety Act, Act 85 of 1993 and regulations as
amended. The contractor will carry out his obligations, including the
appointment of officials, in accordance with the requirements of this act;
3.2.6 The Protection of Information Act (Act 84 of 1982 as amended)
3.2.7 The Labour Relations Act (Act 66 of 1995)
3.2.8 The Wage Determination Act (Act 481 of 1957)
3.2.9 Basic Conditions of Employment Act (Act 75 of 1997 as amended)
3.2.10 The Criminal Procedures Act - Act 51 of 1977 as amended
3.2.11 The South African Firearms Control Act, act 60 of 2000
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3.2.12 ICASA. Act of statute the Independent Communications Authority of South
Africa Act of 2000, as Amended.
3.2.13 The Sectoral Determination Act (Basic Conditions of Employment Act (Act 75
of 1997 as amended), Sectoral Determination No.6.
3.2.14 Employment Equity Act (Act 55 of 1998)
3.2.15 The National Building Regulations;
3.2.16 The local Fire Regulations; SANS 10139/10400
3.2.17 Any other applicable law, regulation, by-law or local authority requirements
that may now or hereafter be enforced.
3.2.18 All provincial ordinances and Local Authority by-laws and all relevant
regulations promulgated there under having an effect on the business of the
security personnel provided in terms of this contract.
4
SITE FACILITIES AVAILABLE
4.1
No housing is available for the Successful Bidders employees and He /She
must make arrangements to house his employees off Site and to transport
them to Site.
4.2
Should The City of Tshwane Metropolitan Municipality at any time during the
term of this agreement make any facility available to house personnel, horses
and/or security dogs available for operational use to the contractor, the
contractor shall, at his own cost, maintain and keep such facility during the
term of this agreement in a clean, tidy and sanitary condition and shall at the
termination of this agreement, for what ever reason, restore any such facility to
the same condition in which it was when handed to the contractor.
4.3
The Successful Bidders shall be liable for his own telephone communication
cost which he may need at any of The City of Tshwane Metropolitan
Municipality’s premises where he is providing security services.
5
SITE FACILITIES AND UTILITIES
5.1
The Bidders shall supply and properly maintain all facilities and utilities
necessary for full and complete execution of the security services.
5.2
i)
ii)
iii)
iv)
Such items shall include, but not be limited to, the following:
First aid facilities;
Bullet proof vests;
Batons;
Torches;
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v)
vi)
vii)
viii)
ix)
x)
Pepper sprays;
Handcuffs;
Panic buttons
Radios & chargers;
Hand cuffs;
Whistles.
5.3
The Bidders shall provide all necessary equipment as from time to time agreed
on by the two parties. Such equipment, including but not limited to firearms,
batons, handcuffs, motorcycles, occurrence books, pens, pocket books, bullet
proof vests, radios, torches, vehicles and wrist watches, shall at all times be
clean and in good working order and in such a condition as to enable the
Bidders personnel to perform their duties to the satisfaction of The City of
Tshwane Metropolitan Municipality.
5.4
The above listed equipment shall at all times be in working condition and any
obsolete or faulty equipment shall be replaced, without delay within 24 hours,
by the Bidder at his own cost.
5.5
Security personnel must be in full uniform, have identification and be in
possession of serviceable equipment when posted for duty.
6
GENERAL DUTIES
6.1
Security officers shall perform Access Control and Patrol the premises to
prevent persons from illegally entering, and from removing equipment or
material from the premises concerned. Security guards are not allowed to
enter buildings if locked, unless instructed to do so as part of their duties.
6.2
The security guards shall protect the buildings, equipment and material
against damage, theft and vandalism.
6.3
Security guards shall protect employees, visitors and customer by preventing
or minimizing risk of injury, including death, and reporting any incident to their
supervisor or company’s control centre, the City of Tshwane Metropolitan
Municipality and the South African Police Service, and take appropriate
action to protect the premises and staff of the Council.
6.4
Security guards shall report any suspicious action or unusual occurrence to
his/her supervisor or company’s control centre, the City of Tshwane
Metropolitan Municipality and the South African Police Service as soon as
possible as instructed.
6.5
Security guards shall be dressed, for identification purposes, in the unique
uniform of the Contractor rendering the service. Uniforms and equipment
shall be worn at all times, for the duration of the shift, and equipment
allocated to the security officers shall remain under his control.
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6.6
Security guards shall prevent people from illegal dumping, erecting illegal
structure on and/or occupying premises under the Contractors control and
occupied by The City of Tshwane Metropolitan Municipality.
6.7
All security guards shall monitor security threats and risks e.g. public unrest
situations, within The City of Tshwane Metropolitan Municipality’s area of
responsibility and provide an early warning to facilitate proactive
interventions.
6.8
The Successful bidder shall provide ad hoc security at official Council events
and functions on an as and when required basis. Such additional services will
be for the account of City of Tshwane.
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7.1
7.2
ADMINISTRATIVE INFRASTRUCTURE
The Successful bidder shall demonstrate to have the infrastructure to
administer, manage and control the contract at the time of commencement of
the contract.
The Successful bidder shall give access to his premises, for inspection, to
The City of Tshwane Metropolitan Municipality at all times. These facilities
shall be acceptable for the running of a security business and be equipped
with fully functioning equipment and manned by skilled staff.
8
PLACE OF SERVICE DELIVERY
8.1
The requirement of fixed positions to be manned and to be tendered for is
within the jurisdictional area of the City of Tshwane Metropolitan Municipality
and the sites are situated throughout the said area. All sites must be priced as
per the schedule of quantities.
The Successful bidder shall be in a position to provide the service within the
geographical borders of The City of Tshwane Metropolitan Municipality.
8.2
9
DAMAGE
Any damage caused by the Successful bidder or his staff to property and
existing services of The City of Tshwane Metropolitan Municipality’s shall be
repaired at the Contractor's expense. Any property found damaged by others
which could implicate the Contractor in any way must be reported to the Chief
of Police or his delegated representative before any security services
commences.
10
MANAGEMENT AND SUPERVISION
10.1 Security guards must be supervised on a daily basis (by their superiors) and
equipped to perform their duties as agreed on from time to time.
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10.2 The Successful bidder shall provide for a Contract Manager responsible for
the service to be provided. Such representative shall be competent and
responsible, and shall have adequate experience in carrying out work of a
similar nature to the security service provided in terms of this agreement and
shall exercise personal supervision on behalf of the Contractor. The Chief of
Police or his delegated representative shall be notified in writing of such
appointment, which shall be subject to its approval.
10.3 The Chief of Police may delegate to any person its powers or functions in
terms of this agreement and on receiving notice in writing of such delegation
the Successful bidder shall recognize and obey the delegated person to whom
any such powers or functions have been delegated to.
10.4 The Successful bidder shall exercise supervision over the service at each
premise at all times, or shall be represented by a representative having full
power and authority on behalf of the Contract Manager. Such representative
shall be competent and responsible, and shall have adequate experience in
carrying out work of a similar nature to the security service provided in terms of
this agreement.
10.5 The Chief of Police or his delegated representative shall at all time during the
term of the contract, monitor the Successful bidder’s services, or cause them
to be monitored without prior notice.
10.6 The Successful bidder shall be required to carry out proper supervision of his
own personnel by means of at least two visits by an off-site supervisor or
manager during their hours of duty per 24 hour day.
Details of such visits shall be recorded in both the electronic occurrence book
central database and manual occurrence book provided by the Successful
bidder as well as the pocket books of the security personnel visited. Tenderers
shall make provision in their costing for these compulsory visits. Senior
Successful bidder’s staff shall at least visit each site once a week. The
minimum requirement for a senior manager shall be an area manager.
10.7 Senior supervisors are required to present themselves to the official in charge
of the premises security officers for discussions at least once a week.
10.8 The Successful bidder shall at all times be responsible for the behaviour and
omissions of his employees providing services to The City of Tshwane
Metropolitan Municipality in terms of this agreement while they are acting
within the course and scope of their duties and employment.
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CONFIDENTIALITY
11.1 The Successful bidder shall ensure that the responsible manager and The City
of Tshwane Metropolitan Municipality's best interests are served at all times
during the contract period.
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Recommendations and advice must be based on impartial observations,
responsible opinions and pertinent facts. Any information gained by the
Successful bidder during the course of the contract shall be kept in strict
confidence and may not be used without the written permission of the City
Manager or the Chief of Police.
12
BACKGROUND INVESTIGATION
12.1 The successful bidder shall provide criminal background checks of all
employees to be employed at City of Tshwane premises. Background
investigations of employees shall include but not be limited to criminal, credit
history, personal references and past employers.
12.2 The successful bidder shall ensure that employees employed on the premises
of the City of Tshwane display an identifiable and verifiable PSIRA card at all
times whilst on duty.
12.3 The City of Tshwane Metropolitan Municipality reserves the right to conduct
further background checks for all security officers assigned to The City of
Tshwane Metropolitan Municipality. A file of all approved and rejected checks
shall be kept by the Contractor for the duration of the contract and will be
considered and treated as confidential.
12.4 Any employee who has not had a background check or whose background
check was not pre-approved by the Chief of Police or his delegated
representative will not be allowed to work under this contract.
13
RECRUITMENT AND SELECTION CRITERIA
13.1 All employees must be citizens of the Republic of South Africa.
13.2 Minimum Requirements: Bidders are required to comply with the minimum
specification within this document
13.3
The successful bidder shall ensure that employees employed on the
premises of the City of Tshwane display an identifiable and verifiable
PSIRA card at all times whilst on duty.
13.4 In the event of a security breach the successful bidders on that site must avail
the personnel to undergo polygraph tests. The employees must know and
accept beforehand that these tests may form part of the basic employment
agreement.
13.5 The successful bidder must ensure that they deploy security guards that are
well trained and medically fit, to perform the intended security functions as
specified within this document. Security officers may from time to time be
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rotated to perform in all security areas, such as the City of Tshwane Central
Security Control Room.
14
TEMPORARY EMPLOYMENT SERVICES,
INDEPENDENT CONTRACTORS
LABOUR
BROKERS
AND
14.1 Successful bidders shall abide by the provisions of the Labour Relations Act,
Act 66 of 1995, as amended, in respect of Temporary Employment Services,
Labour Brokers and Independent Contractors.
Notwithstanding the above, no bidder shall use the services of a Temporary
Employment Services, Labour Brokers or Independent Contractors.
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SECURITY GUARD - SPECIFICATION
15.1
All security guard shall have the following minimum attributes:
15.1.1 All security guard shall be registered with the Private Security Industry
Regulatory Authority (PSIRA), licensed and fully vetted in accordance with laid
down requirements
15.1.2 All security guard shall have a certain level of numeric and literacy skills.
15.1.3 All security guard shall have the necessary experience of writing reports /
statements.
15.1.4 All security guard shall have the necessary experience of working in a
customer orientated environment and shall be capable of relating to the
general public.
15.1.5 All security guard shall be mature individuals with self awareness, significant
knowledge and experience of the security industry and/or related fields.
15.1.6 All security guard shall be fully committed to quality and customer care.
15.1.7 All security guard shall be proactive in performing their duties and in helping
others.
15.1.8 All security guard shall have good communication skills, team work abilities
and the ability to work using their own initiative.
15.1.9 All security guard shall be able to use and operate portable communication
equipment.
15.1.10 All security guard shall have a general understanding of health and safety
procedures
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15.1.11 All security guards shall be flexible and willing to adapt and take on additional
security related tasks that may be required as requested by the Chief of Police
or his delegated representative.
15.1.12 All security guards must have the ability to read, speak and write English as a
minimum requirement.
15.2 Physical requirements:
15.2.1 As Security guards have to spend most of their time on their feet, officers
should be medically fit and healthy.
15.2.2 As security guards need to walk and stand for long times during their shift,
emphasis shall be placed on this ability.
15.2.3 Security guards are often required to use personal protective safety
equipment. It shall therefore be determined whether officers can wear safety
boots and other applicable Personal Protecting Equipment (PPE).
15.3 Control Centre operators are required for this contract and personnel shall:
15.3.1 Have good interpersonal and communication skills.
15.3.2 Have well-developed language skills and must be able to communicate in
English.
15.3.3 Have passed all relevant training courses pertaining to his/her work
requirements.
15.3.4 Have been trained in the use of emergency fire fighting equipment.
15.3.5 Be familiar with the emergency evacuation plans pertinent to the building.
15.3.6 All security guards shall undergo formal induction programmes to familiarise
themselves with site procedures and the specific requirements of The City of
Tshwane Metropolitan Municipality.
16
CONTROL ROOM OPERATOR REQUIREMENTS
16.1 Control Room Operators shall meet the following criteria:
They must be confident to interact with the public in a firm but friendly manner
and must display an excellent command of the English language.
16.2
Certification for Control Room Operators must include the following:
• Minimum education level of Matric
• No criminal record (honesty and integrity to be suitably verified)
• Security training certification minimum Grade D
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•
•
PC literacy
Experience in the Control Room Environment is essential
16.3 Chief of Police or his delegated representative reserves the right to evaluate
and select officers based on the following personality criteria:
• Initiative
• Individual leadership
• Communications skills
• Energy
• Attention to detail (quality orientation)
• Adaptability
• Experience
17
QUALITY MANAGEMENT SYSTEM (Standard Operating Procedures)
17.1 The successful Bidder shall provide detailed information with regards to its
Quality Management System and how it intends ensuring continuous
compliance to it. It is critical that successful Bidders indicate what their policy
on quality control is and how they propose to execute quality control.
17.2 The assignment instructions are designed to assist your security Guards to
successfully meet the needs of the customer. They set out a risk assessment
survey and also provide specific instructions for the security guards while
carrying out their duties on site.
17.3 Successful Bidder must conduct a six (6) monthly risk assessment audit on
each site assigned to their company.
17.4 The security of the premises and the prevention of loss is a major priority for
The City of Tshwane Metropolitan Municipality. The Chief of Police or his
delegated representative will continuously monitor and conduct audits to
minimise loss.
18
SERVICE LEVEL AGREEMENT
18.1 The Successful Bidder will be provided with a draft Service Level Agreement
(SLA) which shall detail the agreed service to be delivered, how such a service
is measured in the provision thereof and the response time required for such a
service.
18.2 Incident escalation procedures will form part of this Service Level Agreement
(SLA). The Successful Bidder must provide detailed information with regards
to Service Level Agreement (SLA) compliance and how it intends ensuring
continuous compliance to it.
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19
TRAINING OF CONTRACTOR’S PERSONNEL
19.1 Before the effective date the Successful Bidder shall provide satisfactory proof
of certification of training of his security officers to a minimum grade D level.
19.2 The Successful Bidder shall ensure that all supervisors and site managers
have formal training and that development programs for all subordinate
personnel in the employ of the Contractor are in place.
19.3 Retaining of personnel provided by the Successful Bidder to The City of
Tshwane Metropolitan Municipality shall include formal retraining on
predetermined subjects as agreed on between the two parties at least once
every six (6) months. Results of such retraining shall be made available to The
City of Tshwane Metropolitan Municipality on request.
19.4 Personnel issued with firearms shall receive accredited training with such
firearm at least once every six (6) months. The results of such training shall be
made available to The City of Tshwane Metropolitan Municipality on request.
Armed security guards shall be professionally and formally trained and be able
to use and handle a firearm when required.
The successful Bidders personnel must be trained in the handling of firearms
before the effective appointment date to ensure that the Armed Security
Guards will immediately be qualified to perform their services to the level of the
professional efficiency required by The City of Tshwane Metropolitan
Municipality.
19.5 A sufficient number of personnel shall be trained and be able to drive a vehicle
as specified and required by The City of Tshwane Metropolitan Municipality.
19.6 Security guards shall maintain a neat, clean and professional appearance and
shall wear a uniform meeting the standards of this specification.
19.7 The responsibility for training of security officers for The City of Tshwane
Metropolitan Municipality shall rest with the Contractor.
19.8 The Chief of Police or his delegated representative reserves the right to
request the successful bidder to deploy a security guard of a certain gender at
a premise. The latter or his delegated representative can request the removal
and / or replacement of a security guard under justifiable circumstances.
20
ANNUAL REFRESHER TRAINING
20.1 The Successful Bidder shall ensure that each employee successfully
completes at least 16 hours of annual refresher training. The Successful
Bidder shall not provide employees unless they are certified on all required
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training. The training shall include, but not be limited to, any new material
affecting the performance of security guard’s duties. All costs of refresher
training, including labour, are the responsibility of the Successful Bidder.
20.2 On completion of the annual refresher training the Successful Bidder shall
notify the Chief of Police or his delegated representative which security guards
have completed the required training.
20.3 All costs incurred in the training of security personnel provided in terms of this
agreement shall be borne by the Successful Bidder, testing included.
21
DISCIPLINARY MEASURES
21.1 The Code of Conduct of the successful bidder must be aligned to the
specification as specified within this document.
21.2 Negligence of duty on the part of the security guards provided by the security
Contractor in terms of this agreement shall be dealt with immediately.
21.3 The Chief of Police or his delegated representative will notify the Successful
Bidder of any breach, failure or negligence and undertakes to assist in any
disciplinary proceedings.
21.4 The Successful Bidder shall notify the Chief of Police or his delegated
representative in writing of the outcome of any such disciplinary proceedings.
21.5 Should the Successful Bidder decide not to take disciplinary steps against a
member of his personnel, the reason therefore shall forthwith be conveyed in
writing to the Chief of Police or his delegated representative
21.6 Grievances on the part of security personnel of the Successful Bidder shall
immediately be dealt with by the Successful Bidder in terms of the Contractor’s
grievance procedure.
21.7 In the event of the Chief of Police or his delegated representative not being
satisfied by the performance of any member of the Successful Bidder’s
personnel in terms of this agreement the Chief of Police or his delegated
representative will notify the Successful Bidder in writing thereof and request
the Successful Bidder to consider disciplinary action against the relevant
employee. The Successful Bidder shall forthwith remove the above mentioned
personnel from any duties related to this contract and replace such officer with
a qualified trained security officer with immediate effect.
21.8 The City of Tshwane Metropolitan Municipality shall furnish the reasons for the
dissatisfaction to the Successful Bidder in writing provided that both parties will
keep these reasons confidential unless otherwise agreed.
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21.9 The specific employee of the Service Provider who is replaced at the request
of the Chief of Police or his delegated representative shall thereafter not be
used at any premise of the City of Tshwane Metropolitan Municipality.
22
SITE PROCEDURE MANUAL (SOP’s) - OCCURRENCE AND POCKET
BOOKS
22.1 Each site shall be supplied with a dedicated site procedure manual. A master
site procedure manual containing all the procedures and forms shall be
maintained on each site.
22.2 The Managing Director, before publication and supply to each site, shall
approve procedures. Approval shall be reflected by signing the last page of
each procedure.
22.3 Each procedure shall reflect the revision status (starting with revision 0), page
x of y and the effective date. All procedures shall be distributed to relevant
custodians of the security function.
22.4 The Chief of Police may request amendments to security measures and
procedures by notifying/instructing the Security Manager of the City of
Tshwane. The proposed amendment will be co-signed with the appointed
service provider.
22.5 All original pages of the site procedure manuals, occurrence books, pocket
books and any other required documents becomes the property of The City of
Tshwane Metropolitan Municipality from the moment they are utilised, and
must be submitted to The Chief of Police for safekeeping immediately after the
books are fully utilised.
22.6 The Successful Bidder will be given access to all these books on request and
will be allowed to make photocopies thereof at his own cost.
23
UNIFORMS
23.1 The Successful Bidder shall provide his personnel with a standard uniform that
is identifiable, neat and presentable.
Cost for these uniform items will be for the account of the appointed service
provider
23.2 In the case of a male officer:
23.2.1 Tie (corporate wear)
23.2.2 Jacket
23.2.3 Blazer (corporate wear)
23.2.4 Jersey
23.2.5 Belt
23.2.6 Pants (combat/corporate)
23.2.7 Shirt (corporate)
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23.2.8 Field shirt
23.2.9 Shoes/boots
23.3
In the case of a female officer:
23.3.1 Blouse/shirt (corporate)
23.3.2 Neck Scarf (corporate)
23.3.3 Jacket
23.3.4 Blazer (corporate)
23.3.5 Jersey
23.3.6 Shoes
23.3.7 Skirt/pants
23.3.8 Stockings (corporate)
Successful Bidders shall replace all uniforms at least once a year. Cost for
these uniform items will be for the account of the appointed service provider.
23.4 All uniforms provided shall be suitable for the specific site conditions.
Successful Bidders shall provide Corporate or Combat or Industrial uniforms in
accordance with actual site conditions at the Successful Bidder own cost.
23.5 Insignia of the Successful Bidder shall be visibly displayed on the uniforms
and adequate clothing shall be provided for protection against the elements or
cold weather as and when required.
23.6 The Successful Bidders personnel shall at all times be in possession of official
identification cards (at the cost of the contractor) with the following information:
A recent colour photograph of the relevant security officer,
His/her full names, surname,
Identity number,
The level of training (Grade),
Registration number with the Private Security Industry Authority (PSIRA) and,
displayed on the left breast pocket of the jacket/blazer whilst on duty.
23.7 When on duty the personnel provided by the Successful Bidder shall at all
times (unless the City of Tshwane Metropolitan Municipality decides
otherwise) wear the uniform (including footwear) of the contractor at the cost
of the Contractor.
24
INSTRUCTIONS TO THE SUCCESSFUL BIDDER
24.1 All verbal requests to the Successful Bidder shall be confirmed in writing by
The Chief of Police or his delegated representative within twenty four (24)
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hours after the particular event and shall be deemed to have been received by
the Successful Bidder if left with a responsible person at the Successful
Bidders business premises or Contract Manager.
25
MEETINGS
25.1
Weekly Liaison
25.1.1 The Successful Bidders Contract Manager or his delegate shall be required to
attend regular weekly meetings with the City of Tshwane Metropolitan
Municipality’s Senior Officer: Security Services or his/her delegate.
25.1.2 These meetings will occur at the office of the City of Tshwane Security
Manager, for discussions regarding the provision of these services.
25.1.3 All parties must keep notes of agreements of these meetings.
25.2
Monthly Directors Meeting
25.2.1 The Appointed service provider (represented by a manager) shall also be
required to attend a meeting on a monthly basis with the Chief of Police or his
delegated representative, to discuss matters pertaining to the execution of
security services by the Successful Bidder and the administration of the
agreement in general.
26
REPORTING OF INCIDENTS AND REPORTS
26.1 All incidents or accidents involving death of or injury to any person, as well as
any criminal offence committed on the premises or to the property of The City
of Tshwane Metropolitan Municipality, shall forthwith be reported to the local
police station and the Tshwane Metro Police Department radio control room
immediately or as soon as practically possible, after occurrence of the said
incident or accident has been reported to the Security Contractor.
26.2 A detailed written preliminary report of all such incidents shall be presented to
The Chief of Police or his delegated representative within twelve (12) hours
after the occurrence of the said incident or accident.
26.3 Important and relevant details of all incidents occurring on The City of
Tshwane Metropolitan Municipality’s premises shall be recorded in the
occurrence book immediately. Books for this purpose shall be made available
by the Contractor at his own cost for the all the premises and shall remain
available for inspection by the Chief of Police or his delegated representative
at any time in a prearranged office or enclosure on the premises. The pages of
the occurrence book shall be numbered consecutively by the Contractor and
no person shall remove any pages for any reason whatsoever.
26.4 A detailed written weekly report, in respect of all premises concerned, shall be
submitted to The Chief of Police or his delegated representative on or before
the first working day of the following week. Reports shall include full details of
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CONTRACT : TMPD 02-2016/17
any accident or incident, which occurred during the preceding week. Reports,
details of routine inspection visits, and any other information relating to the
security situation on the premises may be requested by The Chief of Police or
his delegated representative.
26.5 Notwithstanding anything to the contrary, The Chief of Police or his delegated
representative may also, should it be deemed necessary, request the
Successful Bidder to submit a detailed written report in respect of any incident
(including shooting incident reports) or accident after it has occurred on The
City of Tshwane Metropolitan Municipality’s premises.
27
TWO WAY RADIO SETS
27.1 Hand held two way radio sets provided by the Successful Bidder shall have an
adequate range to ensure, as far as it is practically possible, good
communications between any two points within a patrolled area of
responsibility on the premises of The City of Tshwane Metropolitan
Municipality on which security services are provided.
27.2 The Successful Bidder shall provide The Chief of Police or his delegated
representative on or before the commencement date of the service with a
diagram indicating the local communication network and call signs to be used
by the Successful Bidder during the term of this agreement. Any changes in
these networks or call signs shall forthwith be communicated to The Chief of
Police or his delegated representative in writing.
27.3 The hand held two way radios shall, at all times, be in working condition and
any obsolete or faulty radios shall be replaced without delay by the Successful
Bidder at his own cost.
27.4 The Successful Bidder shall, at his own cost, supply a radio base set to be
installed in the security radio control room of The Tshwane Metropolitan Police
Department as well as the diagram of the call signs, which shall enable direct
communication between The City of Tshwane Metropolitan Police Department
personnel and the Successful Bidders personnel.
27.5 The Successful Bidder shall take all necessary steps to prevent transmissions
from his radio system from interfering with, or blocking any radio
communications used by any division of the Tshwane Metropolitan Police
Department.
27.6 All radios supplied under this contract shall be licensed under the transmission
laws of South Africa and be Independent Communications Authority of South
Africa (ICASA) approved bearing the Independent Communications Authority
of South Africa (ICASA) sticker on each radio. Any frequencies used shall
comply with Independent Communications Authority of South Africa (ICASA)
regulations for the geographical area of operation.
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27.7 Should the Successful Bidder or any of his employee’s use any radio
equipment that is not Independent Communications Authority of South Africa
(ICASA) approved on The City of Tshwane Metropolitan Municipality’s
premises without written authority, the Successful Bidder shall be liable for any
damage or loss suffered by The City of Tshwane Metropolitan Municipality or
any other division or business unit of The City of Tshwane Metropolitan
Municipality where such loss is directly contributed to the use of unauthorised
or deficient radio equipment.
28
PROPERTY OF THE CITY OF TSHWANE METROPOLITAN MUNICIPALITY
28.1 In respect of services provided on the property of The City of Tshwane
Metropolitan Municipality, the Contractor shall at all times comply with the
provisions of the Control and Access to Public Premises and Vehicles Act,
1985 (Act no 53 of 1985), ensuring that no person shall, without the
permission of an authorised personnel member (hereinafter referred to as the
authorised officer), enter any premises or any vehicle in respect of which a
directive has been issued by The Chief of Police or his delegated
representative and for the purpose of the granting of that permission an
authorised officer may require of the person concerned that he:
28.1.1 Furnish his name, address and any other relevant information required by the
authorised officer,
28.1.2 Produce proof of his identity to the satisfaction of the authorised officer,
28.1.3 Declare whether he has a firearm or any potentially dangerous object in his
possession, custody or under his control,
28.1.4 Declare what the contents is of any vehicle such as suitcases, attaché cases,
bags, handbags, folders, envelopes, computers/laptops parcels or containers
of any nature which he has in his possession or custody or under his control,
and show the contents to him,
28.1.5 Subject himself and anything which he has in his possession or custody or
under his control to an examination by an electronic or other apparatus in
order to determine the presence of any potential dangerous object, and
28.2 Where an authorised officer grants permission in terms of the above clause he
may do so subject to conditions regarding the carrying or displaying of some
form of proof that the necessary permission has been granted, to visit a
specific person, office or area of responsibility, the duration of his presence on
or in the premises or vehicle, the escorting of the person concerned while he is
on or in the premises or vehicle, and such other requirements as he may
consider necessary.
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28.3 Subject to the provisions of the Trespass Act, 1959 (Act no 6 of 1959), an
authorised officer may at any time remove any person from any premises or
vehicle if:
28.3.1 That person enters the premises or vehicle concerned without the permission
contemplated in the above clause,
28.3.2 That person refuses or fails to observe a condition contemplated in the above
clause or,
28.3.3 The authorised officer considers it necessary for the security officer of the
premises or vehicle concerned or the contents thereof or for the protection of
the people therein or thereon.
28.4 The search of a female under these clauses shall only be carried out by a
female security personnel member in private, and should at all times be done
in a courteous and dignified manner.
28.5 The search of a male under these clauses shall only be carried out by a male
security personnel member in private, and should at all times be done in a
courteous and dignified manner.
28.6 The provisions of this main Clause shall not apply in respect of any member of
the South African Police Service establishment by or under any law or a
member of the South African National Defence Force who is required in the
performance of his functions to enter or enter upon any public premises or
public vehicle and who produces proof of his identity to the satisfaction of the
authorised officer concerned, provided that such member shall not be
obstructed in the performance of his duties.
28.7 In the above clauses of this agreement, unless the context indicates
otherwise:
28.7.1 “Authorised officer” means personnel member in the employ of the Contractor
authorised by The Chief of Police or his delegated representative to act in
terms of this agreement,
28.7.2 “Premises” means any building, structure, hall, room, office, convenience,
land, enclosure or water surface which is the property of, or is occupied or
used by, or is under the control of The City of Tshwane Metropolitan
Municipality, and to which a member of the public has a right of access, or is
usually admitted or to which he may be admitted and,
28.7.3 “Vehicle” means vehicle, conveyance or craft which is the property or under
the control of The City of Tshwane Metropolitan Municipality and which is used
for transport, for profit or otherwise, of the public or The City of Tshwane
Metropolitan Municipality’s employees.
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29
PROVISION OF DOGS (As and when required)
29.1 Security patrol dogs (if required by The City of Tshwane Metropolitan
Municipality) shall only be of a required and approved breed (i.e. Doberman
Pinchers, Rottweiler’s or German Shepherds). These dogs will be trained and
will serve as a security patrol dog. Dogs shall be disease free and certified as
such by a registered veterinary surgeon. A certified copy of such certificate
shall be made available to The Chief of Police or his delegated representative
29.2 Under no circumstances shall the security Contractor provide any other breed
of dog in terms of this agreement.
29.3 Security patrol dogs shall be trained to protect their handlers, to intercept
perpetrators and to be alert for intruders in their patrol area of responsibility. In
general security patrol dogs shall be required to act as a deterrent to criminal
elements. Security patrol dogs shall also be trained to overcome obstacles
such as steps, one (1) meter high walls and be able to crawl underneath or
through low objects such as storm water pipes in tunnels.
29.4 Security patrol dogs shall be trained to obey only one handler and shall be
under his control. Security patrol dogs, while on duty, shall at all times be
under the supervision of the handler.
29.5 For the purpose of initial training security patrol dogs shall preferably be
between one (1) and three (3) years of age. The age of the security patrol dog
shall not exceed six (6) years. If it is at any time during the term of this
agreement established by The City of Tshwane Metropolitan Municipality that
a security patrol dog, utilised in terms of this agreement, is older than six (6)
years the security Contractor shall be requested to replace the dog within
twenty four (24) hours.
29.6 Security patrol dogs shall at all times be properly kennelled, groomed and fed
to maintain a good state of health. Security patrol dogs that are not capable of
effectively carrying out the functions described above shall be replaced within
three (3) hours with other trained security patrol dogs that shall be able to
perform the functions required. Fresh food and water as well as equipment
such as leashes, food and water bowls, choke chains and combs shall be
available at all times and will be for the cost of the successful
bidder/contractor.
29.7 Security patrol dogs shall at all times be handled by a qualified dog handler. A
certified certificate indicating that the dog handler has successfully passed the
training course in the effective handling of a security patrol dog shall be made
available to The Chief of Police or his delegated representative
29.8 Monthly veterinary reports on all dogs stating and certifying them fit to execute
the duties in terms of the agreement shall be submitted.
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30
PROVISION OF MOTOR VEHICLES (As and when required)
30.1 If required by The City of Tshwane Metropolitan Municipality, the Successful
Bidder shall provide comprehensively insured and roadworthy motor vehicle(s)
with driver(s) having valid code B driver’s licenses, motorcycles with driver(s)
having valid code A drivers licenses, to the City of Tshwane Metropolitan
Municipality for roving, patrol duties and/or prevention of crime in any
nominated area of responsibility. The type of vehicle will be dictated by the
work document or posting chart.
30.2 The Successful Bidder shall provide the required number of motor vehicle(s),
motorcycle(s), and/or bicycle(s) and be able to supply driver(s) within one (1)
working day (or such other time as the parties may agree on from time to time)
but only on receipt on an official written request from the Chief of Police or his
delegated representative
30.3 The Successful Bidder shall not provide any additional motor vehicle(s),
motorcycle(s), and/or bicycle(s) (and driver(s)) on verbal request from any
official other than the Chief of Police or his delegated representative. Should
the Successful Bidder, nevertheless react positively to such request, The City
of Tshwane Metropolitan Municipality shall not necessarily effect payment for
the unauthorised service rendered.
30.4 All drivers required and requested by The Chief of Police or his delegated
representative shall report for duty with the required vehicles at such times
and places as, from time to time, agreed on by The City of Tshwane
Metropolitan Municipality and the Successful Bidder.
30.5 The drivers and the assigned motor vehicle(s), motorcycle(s), and/or bicycle(s)
shall perform their daily duties at such times as agreed on, from time to time,
by The City of Tshwane Metropolitan Municipality and the Successful Bidder.
30.6 Compensation for kilometres travelled under this section shall be at a rate
equal to the prevalent Automobile Association (AA) rates at the time of
request. A logbook must be kept up to date and must be submitted to the
Chief of Police or his delegated representative for verification and approval
before any payment will be effected.
30.7 Vehicles MUST have the company logo/branding visible at all times for
identification purposes.
31
PROVISIONS OF FIREARMS
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31.1 The weapons used by security guards shall be legally registered to the
Successful Bidder. In addition, weapons shall be individually issued to those
security officers who will be using them. A detailed list reflecting the name of
the guard, the firearm serial number, type and model as well as the applicable
permit. The Successful Bidder and armed security guards shall meet with the
requirements of the South African Fire Arm Control Act, act 60 of 2000 and
Private Security Industry Regulatory Authority of South Africa regarding the
proper use of firearms. All firearm related incidents involving security officers
involved shall be reported and will be subject to a South African Police
Services (SAPS) investigation.
31.2 Firearms
All firearms to be utilised must be approved by the Chief of Police or his
delegated representative before commencement of contract. Bidders will be
required to submit South African Police Services (SAPS) certified copies of
their licence to possess firearms to the Chief of Police or his delegated
representative upon appointment.
31.3 Only firearms registered in the name of the Successful Bidder shall be
permitted on The City of Tshwane Metropolitan Municipality’s sites. The
Contractor furthermore shall guarantee that he is the lawful owner of all
firearms issued to his personnel in terms of this agreement.
31.4 The misuse, mishandling, or negligent firing of any weapon by an employee of
the successful bidder/contractor shall result in, the immediate and permanent
removal of such an individual from the site and any other site of the City of
Tshwane.
31.5 All firearm related incidents involving security officers shall be reported and will
be subject to a South African Police Services (SAPS) investigation. The City of
Tshwane reserves the right to invoke remedial action at the discretion of the
CoP towards the contractor.
32
BOMBS, INCENDIARY DEVICES AND FIREARMS
32.1 If a bomb or incendiary device, or what may have the appearance of a bomb
or incendiary device, is discovered, the security guards should immediately
clear the area and activate the Imminent Danger Notification alarm and notify
The Chief of Police or his delegated representative and the South African
Police Services (SAPS). The security guards should provide the initial details
and the instruction contained in the site procedure manual shall be followed
strictly.
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32.2 Under no circumstances should the security guards touch or in any way
disturb the suspicious article or package. The Security guards shall stand by
to prevent the suspicious item from being touched or disturbed by any person.
Employees working in the area where the suspicious article or package is
located should be evacuated until the item has been removed. The general
rule to follow is: “Evacuate the immediate area and call the South African
Police Services (SAPS)”.
32.3 If the Security guards on duty receives a bomb threat from any source, he/she
will immediately contact the South African Police Services (SAPS) and provide
comprehensive information through the shift Supervisor
32.4 During a bomb threat/search or other emergency situation, Security guards will
deny access to vehicles and persons with the following exceptions: South
African Police Service and/or a member of the South African National Defence
Force who is required, in the performance of his functions, to enter any public
premises or public vehicle and who produces proof of identity to the
satisfaction of the authorised officer concerned, Such a member shall not be
obstructed in the performance of his duties.
32.5 No radio or cellular phone communication should be utilised until South
African Police Services (SAPS) has declared the situation safe.
32.6 Should a bomb explode the area should be kept clear of people.
33
WORKING HOURS AND RATES
33.1 Personnel provided by the Successful Bidder in terms of this agreement shall,
be prepared to work shifts and/or overtime as and when required by The City
of Tshwane Metropolitan Municipality and agreed upon by both parties.
33.2 Personnel provided by the Successful Bidder shall sign on and off duty daily.
33.3
Working hours must be adhered to as indicated in paragraph 34 below;
33.4 The City of Tshwane Metropolitan Municipality shall have no responsibility or
liability for payment of any wages or benefits to Successful Bidders
employees, including those associated with severance pay as defined by local
law.
33.5 The City of Tshwane Metropolitan Municipality, its agencies, agents, and
employees shall not be part of any legal action or obligation regarding these
benefits, which may subsequently arise. Where local law requires bonuses,
specific minimum wage levels, and premium pay for holidays, pensions,
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severance pay, sick or health benefits, childcare or any other benefit, the
Successful Bidder will be responsible for these payments.
33.6 The Successful Bidder shall provide security officers with these minimum
service benefits but not be limited to transport, housing and meal allowances,
membership of a medical scheme.
34
REMUNERATION AND ALLOWANCES
34.1 The Successful Bidder shall acquaint himself with any relevant wage
regulating measure or statutory enactment which may be in force or which
may be contemplated, affecting conditions of employment during the term of
the agreement.
34.2 The Successful Bidder may claim cost price adjustments related to any
statutory wage amendments on condition that he shall undertake to, and after
two months provide audited proof, that he did in fact adjust the remuneration
paid to each of his employees who are utilised in the execution of this contract,
by precisely the amount by which the statutory wage applicable to each
individual employee was amended.
34.3 The Successful Bidder shall remain solely responsible for the payment of all
costs pertaining to personnel, including but not limited to salaries, bonuses,
pension fund contributions, benevolent fund contributions, medical fund
contributions and insurance premiums.
34.4 Salaries payable by the Successful Bidder to his personnel shall at no stage
be less than those prescribed by any applicable wage determination in the
security industry, or in the absence thereof, in terms of the last applicable
wage determination.
34.5 Service providers will be called upon to supply proof of their adherence to the
minimum wage payable to security guards as prescribed by Law.
34.6 The Successful Bidder shall be responsible for the payment of inter alia, all
applicable taxes, charge duties and/or fees assessed and/or levied by the
Central Government Workmen Compensation Commissioner and/or Provincial
Government in respect of the security personnel provided or as a result of the
security personnel being provided by the Successful Bidder in terms of this
agreement and he shall, on request furnish sufficient documentary proof to the
Chief of Police or his delegated representative that any or all of these
payments are up to date.
35
ROSTER / SCHEDULE MANAGEMENT
32
CONTRACT : TMPD 02-2016/17
35.1 The Successful Bidder shall ensure that security services are rendered on 24hours seven (7) days a week shift basis including weekends and public
holidays.
35.2 The Successful Bidder shall not allow security officers to work two consecutive
shifts to cover any 24-hour period.
35.3 The City of Tshwane Metropolitan Municipality has the right to terminate this
contract in terms of the event of failure to comply
35.4 The City of Tshwane reserves the right to at their sole discretion and at a
convenient time visit the service provider’s offices to determine the extent of
adherence to all Labour related laws and regulations.
If it is found that the successful bidder did not adhere to the prescribed Labour
legislations and regulations a written warning will be issued to the service
provider to rectify the situation within fourteen (14) days.
Failure to adhere to this stipulation will result in the immediate termination of
the service provider’s contract
36
SPECIAL PENALTIES
36.1 In the event of an guard who is required to be armed, being posted without a
firearm, issued with a firearm not in working order, without the necessary
ammunition or an unarmed personnel member being posted in place of the
required armed security officer, a penalty shall be imposed by The City of
Tshwane Metropolitan Municipality and the non-compliance shall be deemed a
remedial breach.
36.2 Grades D officers for specific tasks shall be required to render the service
required by The City of Tshwane Metropolitan Municipality in terms of this
agreement. Should it at any time during the term of this agreement or at any
time thereafter be determined that officers of a lower grade or with inadequate
training or no training at all had been provided, all overpayments made to the
Successful Bidder shall forthwith be recovered from the time the lower grade
or untrained officers were deployed.
36.3 In the event of officers being deployed without standard equipment or with the
standard equipment that is not in working order or dirty, or being deployed not
according to the required procedures, the following penalties shall apply and
shall be deducted by The City of Tshwane Metropolitan Municipality from the
fees payable to the Contractor:
Nature of breach
Deserted post
1st Breach
R200-00
guard
2nd Breach
per R300-00 per
guard
33
3rd Breach
Termination of
contract
CONTRACT : TMPD 02-2016/17
Short posting
per guard
Sleeping on duty
Theft and/or loss
of Council
property(Subject
to Investigation)
Malicious
Damage to
council property
(Subject to
Investigation)
Failure to detect
fire-arms
Deployment of
guards
not
wearing uniform
Deployment of
guards without
PSIRA cards
Deployment of
guards without
fire arms and/or
ammunition
Un-availability of
Motor vehicle
during posting
Two way radio/
Cell phone
Body armour
Failure to deploy
Dog
Non-functional
Written warning
R200-00 per
guard
Written warning
R 200-00 per
event , per site
Written warning
Final warning
R300-00 per
guard
Final warning
R 300-00 per
event , per site
Replacement of
guard
Termination of
contract
Total value in rand of stolen property
Appropriate remedial action taken including dismissal
Total value in rand of damaged property
Appropriate remedial action taken including dismissal
R500-00 , per site
Written warning
R200-00 per
guard , per site
Written warning
R200-00 per
guard , per site
Written warning
R300-00 per
guard per shift ,
per site
Written warning
R1000,00 per
(12) hour shift, or
part thereof , per
site
Written warning
R 500,00 per (12)
hour shift, or part
thereof , per site
Written warning
R500,00 per (12)
hour shift, or part
thereof , per site
Written warning
R500,00 per (12)
hour shift, or part
thereof , per site
Written warning
R500-00 , per site
Final warning
R400-00 per
guard , per site
Final warning
R400-00 per
guard , per site
Final warning
R500-00 per
guard per shift ,
per site
Final warning
R2000,00 per
(12) hour shift, or
part thereof , per
site
Final warning
R 800,00 per (12)
hour shift, or part
thereof , per site
Final warning
R800,00 per (12)
hour shift, or part
thereof , per site
Final warning
R1000,00 per
(12) hour shift, or
part thereof , per
site
Final warning
R250,00 per shift, R500,00 per (12)
34
Termination of
contract
Termination of
contract
Termination of
contract
Termination of
contract
Termination of
contract
Termination of
contract
Termination of
contract
Termination of
contract
CONTRACT : TMPD 02-2016/17
Flashlight and
adequate fully
charged/new
batteries
Appointment /
PSIRA
identification
card
Part of standard
uniform, Pocket
book and/or pen
Any other
conduct which
may negatively
impact or
jeopardize the
service required
Failure to deploy
guards due to
illegal industrial
action
36.4
or part thereof ,
per site
Written warning
hour shift, or part
thereof , per site
Written warning
R100,00 per shift,
or part thereof ,
per site
Written warning
R25,00 per shift
per item, per site
, or part thereof
Written warning
R500,00 per
(12) hour shift per
item per site,
Written warning
R200,00 per (12)
hour shift, or part
thereof , per site
Final warning
R100,00 per (12)
hour shift, or part
thereof
Final warning
R1000,00 per
(12) hour shift per
item,
Final warning
Replacement of
guard
Replacement of
guard
R1000,00 per (12)
hour shift, or part
thereof
Termination of
contract
Final warning to rectify within 24 hours and any failure to
rectify within 24 hours will result with the contract or
affected portion thereof be terminated with immediate
effect.
General penalties will apply in the following cases:
NATURE OF INCIDENT
Losses
occurred
negligence
PENALTY
due
to Value of loss and written warning. Similar
incident not necessary leading to a lost
might lead to termination at that sight.
Non-attendance
of
weekly R 1000.00 per offence.
meetings by the Company Written warning to maximum 3 times could
representative
lead to termination of contract or part
thereof.
Non-attendance of monthly R 1000.00 per failure.
meetings by the Company Written warning to maximum 3 times could
Managing Director or Chief lead to termination of contract or part
Executive Officer
thereof.
No reports as determined by R1000,00 per failure
the contract or as agreed on Written warning to maximum 3 times could
monthly reports within three lead to termination of contract or part
working days
thereof
No
supervisory
visits as R 500,00
scheduled
Written warning to maximum 3 times could
lead to termination of contract or part
thereof
No occurrence book entries or R 500, 00 per page on which any number
incorrectly noted.
of faults are found.
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Written warning to maximum 3 times could
lead to termination of contract or part
thereof
Failure to report incident within R 1000,00 per incident
24 hours
Written warning to maximum 3 times could
lead to termination of contract or part
thereof
No
daily
posting
sheets R500,00 per day
received
Written warning to maximum 3 times could
lead to termination of contract or part
thereof
37
BREACH
Should the Contractor/Service Provider/Supplier:
37.1 fail to punctually comply with terms and conditions of its’ obligations in terms
of this Agreement and remain in default for more than 7 (seven) days after
being notified in writing to do so by the Chief of Metro Police; or
37.2 fail to rectify any failure to comply immediately and on the spot there and then
where the nature of such failure demands immediate rectifying action;
37.3
commit or permit any breach of any other terms of this Agreement and fail to
commence remedying such breach within a period of 7 (seven) days after the
receipt of notice to that effect by the Chief of Metro Police and complete the
remedying of such breach within a reasonable time; or
37.4 repeatedly breach any of the terms of this Agreement in such manner as to
justify a conclusion to the effect that the Contractor/Service Provider/Supplier’s
conduct is inconsistent with its’ obligations under this agreement,
then and in any one of such events Chief of Metro Police acting on behalf of the
Municipality shall, without prejudice to its rights to claim damages or to any other
rights it may have:
(i)
(ii)
be entitled to cancel this Agreement with immediate
effect; or
in the case of failure to comply be entitled to remedy such
and immediately recover the total cost incurred by it in so
the Contractor/Service Provider/Supplier.
breach
doing from
37.5 Should the Municipality institute action pursuant to this agreement it shall be
entitled to recover all legal costs incurred by it on an Attorney/City basis from
the Contractor/Service Provider/Supplier.
37.6 The parties hereby consent in terms of Section 45 of the Magistrate's Court
Act No 32 of 1944, as amended, to the jurisdiction of the Magistrate's court of
any district having jurisdiction in terms of Section 28(1) of such Act in any
action or court procedure instituted by the Municipality arising out of this
agreement, notwithstanding the fact that the amount of the claim or the
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amount in dispute may exceed the jurisdictional limit of the Magistrate's Court.
Notwithstanding the foregoing, Municipality shall be entitled at its sole
discretion, to institute proceedings in any other competent court of law.
37.7 It is agreed that all the terms and conditions reflected in this agreement are
material conditions which must strictly be complied with.
37.8 The provision of high standard and quality security services is of essence in
this contract. Any failure to reach and maintain such standard to the
satisfaction of the Chief of Police or his delegated representative shall
constitute a breach to the terms and conditions of the contract. In case of any
alleged breach to the terms and conditions of this contract, the Chief of Police
or his delegated representative shall institute investigation in order to
determine the cause and extent of the breach in question.
37.9 If the Successful Bidder and/or any member of his personnel, contravenes or
fails to comply with any part of the conditions of this agreement, which
includes the sub clauses hereunder or any other part thereof, it shall be
deemed to be a breach of contract.
37.10 Notwithstanding anything contained to the contrary in this agreement, should
the Successful Bidder become insolvent, assign, surrender or attempt to
assign or surrender his estate or allow any default judgement against it to
remain unsatisfied for seven (7) days or if the said judgement is not rescinded
within fourteen (14) days of the date of the default judgement, or be liquidated
or placed under judicial management or be placed under or be wound up,
whether provisionally or finally or make any material incorrect or untrue
statement of representation in connection with any information furnished by it
in respect of this agreement or the remainder of the tender document then
upon the occurrence of any one (1) or more of the aforesaid events, The City
of Tshwane Metropolitan Municipality may without prejudice to any other rights
it may have, elect to:
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LIABILITY DUE TO NEGLIGENCE
38.1 The Successful Bidder will be held liable for damages or losses suffered by The
City of Tshwane Metropolitan Municipality, as a result of the Contractor’s or his
employees’ gross negligence or intent, which originates at the sites or premises.
Upon any alleged negligence on the part of the service provider or his
employees the Chief of Police or his delegated representative shall institute an
investigation in order to determine the facts and act in accordance with the
requirements of this document.
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INSURANCE/LIABILITY
39.1 The Successful Bidder shall upon receipt of a Letter of Appointment take out
insurance to tune of not less than R 5 million and submit proof such documents
before the commencement of their contract. This insurance must be inclusive
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CONTRACT : TMPD 02-2016/17
but not limited to construction risk, public liability, Workmen's Compensation,
and Securities insurance.
39.2 Notwithstanding anything to the contrary herein contained, without limiting the
Successful Bidders liabilities or responsibilities in terms of this contract, the
Contractor shall provide insurance to cover his liability and responsibility in
terms of this contract. Notwithstanding anything elsewhere contained in this
contract, the Successful Bidders shall provide at least:
39.2.1 Insurance in terms of the Compensation for Occupational Injuries and
Diseases (Act 130 of 1993 as amended).
39.2.2 Professional Indemnity and General Public Liability Insurance to cover liability
by the contractor.
39.2.3 Security Liability to cover liability by the Contractor.
39.2.4 Products Liability Insurance to cover liability by the Contractor.
39.2.5 Pollution Liability Insurance to cover liability by the Contractor.
39.3 The Successful Bidders shall furnish certificate of insurance in compliance with
the amounts set forth on a six monthly interval to The City of Tshwane
Metropolitan Municipality for the duration of this contract.
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GENERAL
40.1 The Successful Bidders shall allow his personnel to attend and, if necessary,
to testify in, court proceedings, as well as in disciplinary and arbitration
proceedings should The City of Tshwane Metropolitan Municipality deem it
necessary, provided The City of Tshwane Metropolitan Municipality has
notified the Successful Bidders within a reasonable time before the start of the
proceedings that the presence of the Successful Bidders personnel is required
by The City of Tshwane Metropolitan Municipality.
40.2 The Successful Bidders shall obtain all permits, licenses, and appointments
required for the execution of work under this contract at no additional cost to
the City of Tshwane Metropolitan Municipality. The Successful Bidders shall
obtain these permits, licenses, and appointments in compliance with country
laws. Failure to be fully licensed by date planned for commencement of
contract may result in contract termination. The Successful Bidders shall be
responsible for application, justification, fees, and certifications for any
licenses required by the Government.
40.3 The personnel are, first and foremost, deployed by the Successful Bidders to
protect the assets of The City of Tshwane Metropolitan Municipality entrusted
to them, in the areas of responsibility allocated to them.
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CONTRACT : TMPD 02-2016/17
40.4 Personnel provided by the Successful Bidders in terms of this agreement shall
be physically fit and mentally sound so that they are able to perform their
duties at all times.
40.5 The Successful Bidders undertakes to make the relevant requirements of this
agreement known to all personnel deployed at sites of the City of Tshwane
Metropolitan Municipality as soon as practically possible before the
commencement of this contract.
40.6 The personnel provided in terms of this agreement shall report for duty at the
sites indicated by The City of Tshwane Metropolitan Municipality. These sites
of reporting may vary from time to time according to the operational
requirements of The City of Tshwane Metropolitan Municipality.
40.7 The Successful Bidders shall be responsible for the posting of all relevant
personnel to sites or for crime prevention operations and for all costs incurred
in the transport, deployment and utilisation of such personnel.
40.8 The Successful Bidders shall be responsible for taking command of the
deployment and control of his personnel on a daily basis at the designated
sites of The City of Tshwane Metropolitan Municipality, so that they can
effectively protect the assets of The City of Tshwane Metropolitan Municipality.
40.9 Any employee that is not available for an assigned shift shall notify the
Successful Bidders. A substitute, qualified in accordance with these
specifications, shall be provided at the same rate and posted in time for the
normal start of shift.
41
COST ADJUSTMENTS
41.1 The cost for all items as quoted herein shall remain firm for the first year of the
contract.
41.2 Costs for succeeding years and any for extension of term shall be subject to
statutory increases / adjustment as per the relevant legislation.
41.3 Any requested cost increase shall be fully documented and submitted to The
City of Tshwane Metropolitan Municipality at least sixty (60) days prior to the
contract anniversary date.
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