CLOSING DATE: 16 MARCH 2021 NAME OF BIDDER: _ BID PRICE
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BID NO: 222/2020
PROVISION OF SECURITY SERVICES FOR THE
CITY OF MBOMBELA MUNICIPALITY FOR A
PERIOD OF THREE YEARS
CLOSING DATE: 16 MARCH 2021
@11:00
NAME OF BIDDER: ____________________
BID PRICE: ________________________
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INDEX PAGE
Invitation to Bid…………………………………………………………………… 3–5
Special Conditions……………………………………………………………… …. 6 – 11
Specifications and pricing schedule ……………………………………………… 12 – 38
Pricing Schedule – Firm Prices……………………………………………………. 39 – 40
Declaration of interest………………………………………………………………. 41 – 43
Preference Points Claim Form in terms of the
Preferential Procurement Regulations 2017 (Purchases)………………………. 44 – 49
Contract Form – Rendering of services…………………………………………….. 50 – 51
Declaration of Bidder’s Past Supply Chain Management Practices ...................... 52 – 52
Certificate of independent bid determination........................................................... 54 – 55
Authority to sign a bid …………………………………………………………………….57 – 58
Certificate of authority for joint ventures ……………………………………………….59
PPPFA: Preferential Point System …………… ……………………….…………… 60
ANNEXURE A
Tax clearance certificate application form
ANNEXURE B
General conditions of contract
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MBD 1
PART A
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE CITY OF MBOMBELA
CLOSING
BID NUMBER: 222/2020 DATE: 16 MARCH 2021 CLOSING TIME: 11:00
PROVISION OF SECURITY SERVICES FOR THE CITY OF MBOMBELA FOR A PERIOD OF THREE
DESCRIPTION YEARS
THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (MBD7).
BID RESPONSE DOCUMENTS MUST BE SUBMITTED IN A TENDER BOX LOCATED AT 1 NEL STREET, MBOMBELA CIVIC
CENTRE NEXT TO THE MAIN ENTRANCE
SUPPLIER INFORMATION
NAME OF BIDDER
POSTAL ADDRESS
STREET ADDRESS
TELEPHONE NUMBER CODE NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS
VAT REGISTRATION NUMBER
TAX COMPLIANCE STATUS TCS PIN: OR CSD No:
B-BBEE STATUS LEVEL B-BBEE STATUS
Yes Yes
VERIFICATION CERTIFICATE LEVEL SWORN
[TICK APPLICABLE BOX] AFFIDAVIT
No No
[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN
ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]
ARE YOU A
FOREIGN
BASED
ARE YOU THE ACCREDITED SUPPLIER
REPRESENTATIVE IN SOUTH AFRICA FOR THE
FOR THE GOODS /SERVICES /WORKS GOODS Yes No
OFFERED? Yes No /SERVICES
/WORKS [IF YES, ANSWER PART
[IF YES ENCLOSE PROOF] OFFERED? B:3 ]
Contract 001 Yes No
TOTAL BID
Contract 002 Yes No
PRICE (3
YEARS)
Contract 003 Yes No
TOTAL NUMBER OF ITEMS OFFERED Contract 004 Yes No R
SIGNATURE OF BIDDER DATE
………………………………
CAPACITY UNDER WHICH THIS BID IS
SIGNED
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TECHNICAL INFORMATION MAY BE DIRECTED TO:
Supply Chain Management Public Safety
Christopher Nkambule Thulani Mkhabela
Tel No: 013 759 2358 Tel No: 013 795 9310
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PART B
TERMS AND CONDITIONS FOR BIDDING
1. BID SUBMISSION:
1.1. BIDS MUST BE SUBMITTED ELECTRONICALLY BY THE STIPULATED TIME ON THE TENDER MANAGEMENT
PLATFORM. LATE BIDS WILL NOT BE ACCEPTED FOR CONSIDERATION.
1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR ONLINE
1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT AND THE
PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF
APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.
2. TAX COMPLIANCE REQUIREMENTS
2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY
SARS TO ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.
2.3 APPLICATION FOR THE TAX COMPLIANCE STATUS (TCS) CERTIFICATE OR PIN MAY ALSO BE MADE VIA E-
FILING. IN ORDER TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS
THROUGH THE WEBSITE WWW.SARS.GOV.ZA.
2.4 FOREIGN SUPPLIERS MUST COMPLETE THE PRE-AWARD QUESTIONNAIRE IN PART B:3.
2.5 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.
2.6 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST
SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.
2.7 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD),
A CSD NUMBER MUST BE PROVIDED.
3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS
3.1. IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO
3.2. DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO
3.3. DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO
3.4. DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO
3.5. IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO
IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX
COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT
REGISTER AS PER 2.3 ABOVE.
NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.
NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE.
SIGNATURE OF BIDDER: ……………………………………………
CAPACITY UNDER WHICH THIS BID IS SIGNED: ……………………………………………
DATE: …………………………………………...
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BID NO: 222/2020
CLOSING DATE 16 MARCH 2021 @ 11:00
DATE OF PUBLICATION: 12 FEBRUARY 2021
PROVISION OF SECURITY SERVICES FROM COMPETENT SERVICE PROVIDERS FOR
THE CITY OF MBOMBELA (THREE YEARS)
Bids are hereby invited from capable and experienced service providers registered with
PSIRA for provision of security services for the City for a period of 36 months.
It is compulsory that service providers download a copy of the bid document that will ONLY
be available as from 12 FEBRUARY 2021 on the National e-Tender Portal:
www.etenders.gov.za, free of charge.
Duly completed bid documents and supporting documents which are, CERTIFIED ID
COPIES OF BUSINESS OWNERS, COPY OF A TAX COMPLIANCE STATUS, CERTIFIED
COPY OF B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE OR
CONSOLIDATED B-BBEE CERTIFICATE for JV and Consortiums, RATES AND TAXES
CLEARANCE FROM RELEVANT LOCAL AUTHORITY, CSD REGISTRATION FULL
REPORT (SUMMARY WILL NOT BE CONSIDERED) and a copy of the COMPANY
REGISTRATION CERTIFICATE, together with the bid document must be sealed in an
envelope clearly marked: “BID NO.:222/2020, PROVISION OF SECURITY SERVICES
FROM COMPETENT SERVICE PROVIDERS FOR THE CITY OF MBOMBELA (THREE
YEARS), CLOSING DATE: 16 MARCH 2021” with the name of the bidder shall be placed in
the bid box at MBOMBELA CIVIC CENTRE at 1 NEL STREET, MBOMBELA, before 11:00
on the closing date.
Bids received by telegram, fax or e-mail will not be considered. Late bids shall not be
accepted or considered.
No briefing session shall be conducted for this tender. Technical enquiries may be directed to
the project manager on the below contact details.
A preferential point system shall apply whereby this contract will be allocated to a bidder in
accordance with the Preferential Procurement Policy Framework Act, No 5 of 2000 and
as defined in the conditions of bid in the bid document, read in conjunction with the
Preferential Procurement Regulations, 2017, where 80 points will be allocated in respect of
price and 20 points in respect of B-BBEE status level of contribution.
Procurement Enquiries : Christopher Nkambule (013) 759 2358
Technical Enquires : Thulani Mkhabela (013) 759 9310
Employer : Municipal Manager, Mr Wiseman Khumalo
City of Mbombela
P. O. Box 45, Mbombela, 1200
VISIT OUR WEBSITE – www.mbombela.gov.za
NB: The results of this bid will be published on council website as prescribed on the MFMA sec 75 (1) (g) and of SCM
regulations, sec. 23 (c).
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SPECIAL CONDITIONS OF THE BID
1. OPENING OF BIDS
Tenders will be opened in public immediately after the closing date and time. All submissions
must be put in a sealed envelope as indicated on page 5 of the bid document and failure to
adhere to this will lead to immediate disqualification.
2. TENDER DEPOSIT
It is compulsory that service providers download a copy of the bid document that will ONLY
be available as from 12 February 2021 on the National Tender Portal, www.etenders.gov.za,
free of charge.
3. ADJUDICATION OF TENDER
City of Mbombela will not be bound to accept the lowest or any tender.
The tender will be adjudicated by City of Mbombela in terms of the Preferential Procurement
Policy Framework. Act, no. 5 of 2000 as defined in the conditions of bid in the bid document,
read in conjunction with the Preferential Procurement Regulation of 2017, where 80 points
will be allocated in respect of price and 20 points in respect of targeted goals.
Tenderers will be required to provide a demonstration of their Workflow Management
System. The system will be evaluated based on the specifications provided. Failure to do so
or failure of the system to perform all actions as required will render the tender non-
responsive.
4. COMPLETION OF TENDER DOCUMENTS
Tenders will only be considered on receipt of this tender document correctly completed with
all insertions in black ink and signed.
The following compulsory documentation MUST be attached in order for the bid to be
considered:
- Company Registration Certificate
- Certified ID Copies of business owners
- Full Central Supplier Database (CSD) report (Summary report will NOT be
acceptable) N/B CSD Report date should not be more than 10 days before
Bid closing date
- Certified copy of B-BBEE Certificate (to claim points only)
- Formal agreement in case of a joint venture or consortium
- In bids where Consortia / Joint Ventures / Sub-contractors are involved, each
party must submit a separate Tax Clearance Certificate and SARS PIN
NUMBER;
- PSIRA Letter of Good Standing;
- Proof of ownership or Lease agreement and specifications for Guard;
Monitoring system capable of generating reports, tracking guards’ movement;
panic and GPS option
- Copy of Public Liability insurance (R 5 000 000, 00);
- Copy of Bank Rating with banking institution stamp;
- Director/Shareholder registration certificate with PSIRA;
- Company PSIRA Registration Certificate;
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- Depending on the prevailing circumstances and availability of funds maximum
of 12 Services Providers might be appointed as guided by Security Risk and
Security Master Plan.
- UIF Compliance Certificate;
- Company three years audited financial statement;
- Authority to possess Fire Arms (By PSIRA or The South African Police
Services). The approval to possess fire arms in terms of the Fire Arms control
Act must have been granted by the relevant authority prior to the closing of the
bids-No applications forms will be considered;
- All qualifications, Certificates, ID, Licenses and B-BBEE must be certified, all
certified copies must not exceed three months.
- **** Bidders are required to attach all supporting documents and
indicates the annexure numbers.
- *** The bidder is required to furnish the municipality with information.
Failure to adhere with the above instructions will render the tenderers’
submission non-responsive
Item Description Disqualifying Not Attached as ***Comments
Number item disqualifying **** Annexure
item Annexure attached
(Yes/No)
1 Company Registration x
Certificate
2 Certified ID Copies of x
business owners
3 Full Central Supplier X
Database (CSD)
report (Summary
report will NOT be
acceptable) N/B CSD
Report date should
not be more than 10
days before Bid
closing date
4 Certified copy of B- x
BBEE Certificate (to
claim points only)
5 Formal agreement in x
case of a joint venture
or consortium with
clear profit and loses
sharing percentages.
It is compulsory that
the lead partner must
have atleast 51%
majority shares in the
JV. Only Joint
Ventures correctly
registered into the
CSD will be
recognised. Joint
ventures will be
required to apply with
SARS for VAT
number.
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6 In bids where X
Consortia / Joint
Ventures / Sub-
contractors are
involved, each party
must submit a
separate Tax
Clearance Certificate
and SARS PIN
NUMBER;
7 Certified PSIRA Letter x
of Good Standing
(Expired letters will
not be considered)
8 Proof of ownership or x
Lease agreement and
specifications for
Guard; Monitoring
system capable of
generating reports,
tracking guards’
movement; panic and
GPS option. Letter of
intent for leasing from
reputable institution
will be considered.
The municipality
reserves the right to
contact the services
provider for
verification
purposes.
9 Certified Copy of x
Public Liability
insurance with a
minimum of (R 5 000
000, 00). Letters on
intent will not be
accepted. Only
insurance covers from
registered and
authorized financial
service providers will
be accepted.
10 Certified copy of x
stamped bank
account from a
banking institution.
The bank rating must
be based on a
minimum contract of R
5 Million.
11 Certified valid copies x
of
Director/Shareholder
registration certificate
with PSIRA;
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12 Certified copy of a x
valid company PSIRA
Registration
Certificate;
13 Certified valid UIF x
Compliance
Certificate;
14 Three financial years x
audited financial
statement.
2017/2018,
2018/2019,
2019/2020.
If the company is not
required by law to
provide financial
statements, a
declaration from an
authorized person/
audit firm must be
attached with the
bid. Unaudited
financial statements
will not be
considered.
15 Authority to possess x
Fire Arms (By PSIRA
or The South African
Police Services). The
approval to possess
fire arms in terms of
the Fire Arms control
Act must have been
granted by the
relevant authority prior
to the closing of the
bids-No applications
forms will be
considered;
16 All qualifications, x
Certificates, ID,
Licenses and B-
BBEE must be
certified, all certified
copies must not
exceed three
months.
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17 Prospective Bidders x
are required to attach
a certified update
municipal rates and
taxes account for the
Company/ lease
agreement.
A Certified proof of an
Up to date Municipal
rates and taxes
account of all active
Directors, with ID
numbers, physical
address, and debt age
analysis.
Bidders residing
outside the formalized
areas must present a
certified letter of
confirmation from the
relevant Tribal
Authority for both the
company and active
directors.
NB: All accounts
owing any municipality
for more than 90 days
will be disqualified.
5. COMPULSORY BRIEFING SESSION
None
6. TAXES AND DUTIES PAYABLE
Bidders shall allow in their tender for the payment and recovery of all taxes and other duties.
No claims for additional payment in this respect will be considered. Prices and rates quoted
shall be inclusive of Value Added Tax (VAT). VAT shall be recorded as a lump sum in the
tender summary and the total inclusive of VAT carried to the Form of Tender.
7. WITHDRAWAL OF TENDER
In the event of the successful tender failing to execute the service in terms of this tender, the
Municipality shall be entitled to cancel the contract summarily, in which event the Bidder shall
be liable for any additional expense incurred by reason of the Municipality having to call for
fresh tenders or having to accept any less favourable tender.
8. NOTICE OF BIDDERS
Should any additions or alterations to the document as issued to Bidders be deemed
necessary prior to the date for submission of tenders, these will be issued to Bidders in the
form of Notice and will form part of the tender document.
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The Notices to Bidders shall be completed where applicable by Bidders, signed, dated and
returned with the tender documents.
9. PERIOD OF VALIDITY OF TENDERS
The period of validity of tenders shall be 90 days as stated in the tender form and be
calculated from the closing date for submission of tenders.
10. BID PRICE
All prices must include disbursement and VAT where applicable.
All prices must be stated in South African currency (ZAR) and will be regarded firm.
The total bid price is meant for the purposes of PRICE EVALUATION. This contract will be
rates based due to its nature. N/B None completion of the Determination of Rate (Area3)
Form will render the Bid unresponsive.
N/B Service Providers should be cognisance of the PSIRA annual sectoral determination
when pricing as No rates adjustments will be made within the first year (12 months) of
the Contract. PSIRA annual Sectoral determination rate adjustment will only be
applicable on in year two from the date determined by PSIRA or relevant Government
Gazette.
12. CESSION OF ASSIGNMENT
Neither the Council nor the bidder shall cede or assign a contract for the required rendering
of services or any part thereof or any benefit or interest therein or there under to third parties
without having obtained written permission from the Council.
13. OTHER CONDITIONS
Service Providers tendering with its Director/s having criminal record will be deemed non-
responsive
The Service Provider may be required to provide Guardhouse/s and mobile toilet/s for the
duration of the contract.
The City reserves the right to increase or decrease the scope of work as directed by
prevailing risks levels and Security Master Plan. This tender is embedded on a risks based
principles.
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PROVISION OF SECURITY SERVICES FROM 12 COMPETENT SERVICE
PROVIDERS FOR THE CITY OF MBOMBELA FOR THE PERID OF 36 MONTHS
1. CONTRACT REQUIREMENTS
1.1.1 SCOPE
This is a fixed term contract and valid for three years from the commencement
date of the contract
The contract is for the supply of physical security to the CITY OF MBOMBELA
MUNICIPALITY installations and premises. The City of Mbombela is divided into
four regions namely; Central Region; covering Satellite offices at the Groove,
Kanyamazane, Elandshoek, Mbombela Head office and installations and
premises within these areas. Northern Region; covering the satellite office at
Hazyview, Northern part of the area installations and premises. Eastern Region;
covering the Satellite office at White River, Kabokweni and Malekutu including
installations and premises in these areas. Southern Region; covering the Satellite
office at Barberton, Matsulu and Louws Creek farm areas installations and
premises in these areas.
1.1.2 DEFINITIONS
Unless inconsistent with or otherwise clearly indicated by the context, the following
terms shall have the meanings assigned to hereunder, namely:-
“24/7” shall mean twenty-four hours a day, seven days a week- i.e. every day and
night of any year;
“Client Department” refers to Departments within the City of Mbombela Municipality
that receives security services in terms of Bid No 222/2020 from the Service Provider;
“Coordinating Department (Employer)” refers to the Directorate of Public Safety,
the coordinator for the procurement and rendering of the security services;
“Guard Monitoring system” refers to a system designed for logging/ tracking of
security personnel movement and general management of security operations with
GPS capabilities and panic option (in the City of Mbombela’s context).
“Industry” refers to the private security industry;
“Parties” refers to the City of Mbombela Municipality and the Service Provider;
“Province” means the Mpumalanga Province as contemplated in the Constitution of
the Republic of South Africa;
“Security Managers” means the security manager from the Coordinating Department
responsible for the monitoring and reporting to the Coordinating Department on the
services rendered by the Service Provider;
“Security Officer” means an employee of the Service Provider that is deployed at
the sites of Mbombela Municipality rendering security services;
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“site” means the allocated City of Mbombela Municipality premises that should be
under the supervision of the security service providers in Mbombela;
“the Act” means the Private Security Industry Regulation Act, No. 56 of 2001.
“the Contractor” means Security Service Providers contracted to the City of
Mbombela Municipality
“manpower schedule” means a roster, and is a list of employees, and associated
information e.g. location, working times, responsibilities for a given time periods
necessary for the day-to-day operation.
1.2 QUANTITIES
1.2.1 It is expected that the quantities as shown on the Schedule of Manpower and Rates
will be required during the period of the contract. These quantities are given in good
faith and without commitment from CITY OF MBOMBELA MUNICIPALITY.
1.2.2 The City reserves the right to increase or reduces the quantities on Schedule of
Manpower during the term of contract guided by prevailing Security risks and Security
Master Plan.
1.2.3 The Contractor shall be bound to supply whatever quantities CITY OF MBOMBELA
MUNICIPALITY requires during the period of the contract, irrespective of the extent
by which the total quantities ordered may vary from those set out on the Schedule of
Manpower and Rates.
1.3 GENERAL DUTIES
1.3.1 To perform access control duties and patrol the premises to prevent unauthorized
persons from entering for and removing equipment or material from the premises
concerned.
1.3.2 To guard and protect buildings, equipment and material against damage, theft and
vandalism.
1.3.3 To protect staff, employees, visitors and customers by preventing or minimizing
risk of injury, including death.
1.3.4 To apprehend any suspicious person on the premises and to take action as
mandated and required in terms of the Laws of the RSA.
1.3.5 To report any suspicious action or unusual occurrence to the Coordinating
Directorate Public Safety.
1.3.6 To manage operations and ensure that guards are supervised on a daily basis
and that they are equipped to perform their duties as agreed upon.
1.3.7 To report any incident to the Co-ordinating Directorate Public Safety’s Security
Division and the South African Police Services.
1.3.8 To patrol all the areas of the site in order to prevent criminal and suspicious
activities. In order to improve site credibility the employer may rotate service
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providers from one site to another within allocated region and beyond guided by
prevailing security risks.
1.3.9 To prevent and remove persons from illegal dumping, erecting of structures on
and occupying premises under the Employers control. To prevent persons from
erecting structures or occupying land illegally or dumping on the sites. This will
include crowd control capabilities.
1.3.10 To monitor security threats and risks within the Co-ordinating Directorate Public
Safety and provide an early warning to facilitate proactive interventions.
1.3.11 To generate daily/monthly/quarterly and annual performance reports consistent
with the Guard Monitoring system.
1.3.12 The Service Provider shall acquaint himself/herself/ company with the prescripts
of the City of Mbombela’s Security policy upon appointment.
1.4 ADMINISTRATIVE AND FINANCIAL RESOURCES.
1.4.1 The Contractor must demonstrate the capacity to have the administrative and
management infrastructure and capacity to manage and control the contract at
the time of commencement of the contract.
1.4.2 The Contractor must give access to its premises to the Employer at any time for
inspection purposes. These facilities must be acceptable for the running of a
security business and be equipped with fully functioning equipment and manned
by skilled staff.
1.4.3 The successful bidder must have a financial capacity of commencing the project
with no hindrance. THE SERVICE PROVIDER IS RESPONSIBLE FOR
REMUNIRATING OF THE EMPLOYEES IN TIME AND INLINE WITH THE
PSIRA GUIDELINES. SHOULD THE SERVICE PROVIDER FAIL TO
REMUNURATE ITS EMPLOYEES CONTRACTED WITH THE MUNICIPALITY
WORKING SITES, THE MUNICIPALITY RESERVES THE RIGHTS TO PAY THE
EMPLOYEES DIRECTLY AND RECOVER THE COSTS PLUS TEN PERCENT
FROM THE COMPANY.
1.5 OPERATIONAL REQUIREMENTS
1.5.1 Companies must provide vehicles that are registered under the contractor’s name.
1.5.2 Contractor must have firearms with a valid and proper license registered in the
name of the Company.
1.5.3 The Service Provider must provide a Guard Monitoring system as defined. In the
event of different interpretation of guard monitoring system the City’s definition
shall prevail.
1.5.4 All High Risk Institutions shall be provided with Quad Bikes and Guard Monitoring
System by the service provider.
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1.6 PLACE OF SERVICE DELIVERY
The current requirement of fixed positions to be manned and to be tendered for
will be presented at the compulsory site briefing. The tenderer must be in a
position to provide the service within the geographical borders of the CITY OF
MBOMBELA MUNICIPALITY’s area of responsibility. The City is divided into four
regions consisting of Central Region, Northern Region, Eastern Region and
Southern Region.
1.7 SHEDULE OF RATES
1.7.1 The Contractor will be required to complete the Schedule of Manpower and Rates
in this document.
1.7.2 All rates must include Value Added Tax.
1.7.3 The schedule must reflect a period of three years, i.e year one, year two and year
three.
1.7.4 A breakdown of the manpower schedule must be fully completed as stipulated
under Contract 001 to 004 depending on the contract tendered for.
1.7.5 The tenderer shall when pricing for this tender take into account the terms and
conditions of the three year wage determination agreement concluded for the
Private Security Sector. No adjustments will be made during the first 12 months of
the contract.
1.8 DAMAGE
Any damage caused, whether willful, accidental or negligence, by the contractor
or his staff to the City of Mbombela’s property must be repaired or replaced at the
Contractor’s expense. Any property found damaged by other which could
implicate the Contractor in any way must be reported to Sub-Directorate Public
Safety before any services commences.
1.9 STANDARDS
In terms of this contract, Contractors and their employees utilized on the premises
of the Employer shall at all times during the term of this agreement be 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 and amended from time to time.
The Service provider shall remain in good standing with PSIRA for the entire term
of contract.
Certified copies of the relevant certificates shall be forwarded to the Employer
before commencement of the agreement.
1.10 LAWS TO APPLY
1.10.1 The contract shall in all respects be construed in accordance with the Laws of the
Republic of South Africa and any differences that may arise between the client
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and the Contractor in regard to the contract shall be settled during Arbitration
Processes or the Courts of the Republic of South Africa.
1.10.2 The Contractor shall comply with, but not limited to the following relevant
legislation and subject to any amendments of these frameworks and should any
of these above be amended or replaced, the replacement or amendment should
be adhered to:
:
1.10.2.1 The Private Security Industry Regulation Act (Act no 56 of 2001).
1.10.2.2 The Private Security Industry Regulations, 2002, dated 14 February
2002.
1.10.2.3 The Appeal Regulations, 2002, promulgated on 14 February 2002.
1.10.2.4 Provisions from the Security Officers Act 92 of 1987 concerning
funding and improper conduct.
1.10.2.5 The Compensation for Occupational injuries and diseases Act (Act no
103 of 1993).
1.10.2.6 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.
1.10.2.7 The Occupational Health and Safety Act (Act no 85 of 1993). The
contractor will carry out his obligations, including the appointment of
officials, in accordance with the requirements of this Act.
1.10.2.8 The Criminal Procedures Act (Act no 51 of 1977)
1.10.2.9 The Firearms Control Act (Act no 60 of 2000).
1.10.2.10 Control and Access to Public Premises and Vehicles Act, 1985 (Act no
53 of 1985).
1.10.2.11 Code of Conduct for Security Service Providers, 2003 (Prescribed
under the private Security Industry Regulation Act, 2001; Code of
Conduct is applicable.
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1.11 REGISTERED OFFICE AND COMMUNICATION
The Contractor must maintain a 24/7 operation and permanently based office
during (the period of the contract) so that messages and instructions etc, may be
relayed through it to the field staff. The contractor must be in possession of a
functional (Radio Control Room, cellular phones and permanent registered
telephone/s and fax line) for effective communication of the parties.
1.12 MANAGEMENT AND SUPERVISION
1.12.1 The Contractor must provide for a 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 and shall exercise personal supervision on behalf of the Contractor.
The Employer shall be notified in writing of such appointment, which will be
subject to the employer’s approval.
1.13.2 The Employer may delegate to any deputy or other person (Security Manager),
any of his powers or functions in terms of this agreement and on receiving notice
in writing of such delegation the Contractor shall recognize and obey the
delegated person to whom any such powers or functions have been delegated as
if he/she were the Employer.
1.13.3 The Contractor shall exercise adequate supervision over the service at each site
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 and shall
exercise personal supervision on behalf of the Contract Manager.
1.13.4 The Contractor shall be required to carry out proper supervision of his own
personnel by means of at least one visit by an offsite supervisor per shift. The
manager/ delegated person should visit the site at least twice a week, one of
which should be after hours. These visits must be recorded in the monthly report.
Details of such visits shall be recorded in the occurrence book provided by the
Contractor and the pocket books of the security personnel visited.
1.13.5 The Contractor shall at all times be responsible and liable for the acts and
omissions of his employees providing services to the Employer in terms of this
agreement while they are acting within the course and scope of their duties and
employment even when not on the premises of the Employer.
1.14 CONFIDENTIALITY
The Contractor must ensure that CITY OF MBOMBELA MUNICIPALITY’s interest
are served at all times during the contract period. Recommendations must be
based on impartial observations, responsible opinions and pertinent facts. Any
information gained by the Contractor during the course of the contract must be
kept in strict confidence and may not be used without the written permission of the
co-ordinating or Client Department.
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1.15 WORKING HOURS
6h00 to 18h00 (Day Shift)
18h00 to 06h00 (Night Shift)
The employer may declare other sites half day sites
1.16 TRAINING OF CONTRACTOR’S PERSONNEL
1.16.1 Before the effective date of the contract, the Contractor shall provide satisfactory
proof of certification of guarding personnel, that will be used on this contract, as
Grades A, B, and C security officers as specified. No guard shall be in any of the
City’s site without having being cleared by the Coordinating Department.
1.16.2 Personnel issued with firearms shall receive accredited training with such firearm
at least once every six (6) months or as per the firearm act dictate. The results of
such training shall be made available to the Employer on request. Personnel shall
be professionally and formally trained and be able to use and handle a firearm
when required.
1.16.3 The Employer shall conduct random competency tests/inspections of the
Contractor’s personnel regarding the firearms with which they have been issued.
Tests and inspections may include safety precautions, theoretical written tests,
practical shooting capacity and the general conditions of the relevant firearms.
1.16.4 Personnel shall be trained and be able to handle guard/patrol dogs when required
by the Employer.
1.16.5 The Contractor’s personnel shall, after completion of their training, have the
expertise to execute their functions properly, in particular regarding but not limited
to the execution of their service, including the legal aspects thereof.
1.16.6 Training shall be provided to the Contractor’s personnel before the
commencement date to ensure that the personnel will immediately be qualified to
perform their services to the level of professional efficiency required by the
Employer.
1.16.7 Drivers must be in possession of a valid driver’s license and shall be trained and
be able to drive a vehicle as specified and required by the Employer.
1.17 COST OF TRAINING
The Contractor shall be responsible for all costs incurred in the training of security
personnel.
1.18 DISCIPLINARY MEASURES
1.18.1 Security personnel provided by the Contractor shall in addition to this contract be
subject to the Coordination or Client Departments’ Code of Conduct.
1.18.2 A breach of discipline or any negligence of duty on the part of a member of the
security personnel provided by the security Contractor in terms of this agreement
shall be dealt with immediately by the Contractor’s management.
1.18.3 The Contractor shall notify the Employer, in writing, of any such breach, failure or
negligence that takes place by any personnel of the contractor.
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1.18.4 The Contractor shall notify the Employer in writing of the outcome of any such
disciplinary proceedings.
1.18.5 Should the Contractor decide not to take disciplinary steps against a member of
his personnel, the reason therefore shall forthwith be conveyed in writing to the
Employer.
1.18.6 In the event of the Employer not being satisfied by the performance of any
member of the Contractor’s personnel in terms of this agreement the Employer
shall notify the Contractor in writing thereof. The Contractor shall forthwith remove
the abovementioned personnel from any duties related to this contract and
replace such officer with a suitably trained security officer. (TALKING ABOUT A
MEMBER, OFFICER AND PERSONNEL)
The personnel of the Contractor who are replaced at the Employer’s request shall thereafter
not be used at any other site, installation, and depot or office complex of the Employer
without the prior written consent of the Employer.
1.19 EQUIPMENT
1.19.1 The Contractor shall provide, but not limited to, all necessary equipment as
follows:
1.19.1.1 Site
Occurrence Book
Pocket Book
Fully operational radio
Fully operational torch
Guard Monitoring
Hand Held License Disc/ Driving License Scanner
1.19.1.2 Personnel
Pocket book
ID card (PSIRA ID card)
Pen
Timesheet
Button Sticks
1.19.2 Security personnel must be in full uniform with identification and in possession of
serviceable equipment when posted for duty.
1.19.3 The Contractor shall at its cost/s procure, acquire, install, and maintain in good
and safe working order of all services equipment and shall have no claim based
on enrichment or for compensation, or reimbursement or of any other nature
whatsoever, against COORDINATING DEPARTMENT AND THE CLIENT
DEPARTMENTS.
1.19.4 A guard monitoring system (as prescribed by the employer) to be installed at
sites which shall enable the COORDINATING DEPARTMENT AND THE CLIENT
DEPARTMENTS’ Control Room to monitor the system. The contractor will be
responsible for all costs.
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1.20 OWNERSHIP OF OCCURRENCE AND POCKET BOOKS
1.20.1 All original pages of the occurrence books and any other books shall from the
moment they are being utilized become the property of the Employer and shall be
handed to the Employer for safekeeping immediately after the books are
complete.
1.20.2 The Contractor will be given access to all these books on request and will be
allowed to make photocopies thereof at his own cost.
1.21 UNIFORMS
1.21.1 The Contractor will provide his personnel (does this include office admin staff)
with a standard company uniform consisting of at least the following attire:
1.21.1.1 In the case of a male Security Officer:
Baton
Belt
Cap/beret
Handcuffs and keys
Jacket
Jersey
Trousers (combat/step-out)
Shirt
Shoes/boots
Socks
Whistle
Lanyard
Rain suite
Tie
1.21.1.2 In the case of a female Security Officer:
Baton
Blouse/shirt
Handcuffs and keys
Hat/cap/beret
Jacket
Jersey
Shoes
Skirt/ Trousers
Stockings
Whistle
Lanyard
Rain suite
Tie/ Cravat
1.21.2 Insignia of the Contractor shall be visibly displayed on uniforms at all times.
1.21.3 The Contractor’s personnel shall at all times be in possession of a Contractor’s ID
card and a Private Security Industry Authority (PSIRA) ID card that should be
displayed clearly whilst on duty.
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1.21.4 When on duty the personnel provided by the Contractor shall at all times (unless
otherwise authorised by the Employer) wear uniform.
1.22 SUB-CONTRACTING
1.22.1 A party to this agreement shall not without written approval of the other party,
during the term of this agreement employ or offer to employ (or be instrumental in
any third party employing or offering to employ), any person in a supervisory,
managerial or senior capacity if that person was employed by the other party at
any time during the term of this agreement.
1.22.2 Although the personnel provided in terms of this agreement shall observe the
Employer’s regulations, rules, operating methods and procedures while providing
the service under this agreement, they shall at all times continue to be employees
of the Contractor.
1.22.3 Although the Contractor’s security personnel may on occasion render certain
services under the supervision and control of the Employer, no contractual
relationship shall come into existence between such personnel and the Employer.
Under no circumstances or at any time shall the Employer become the employer
of the personnel. No contractual obligation between the client and the security
personnel shall be created due to the fact that the personnel perform their
services under the control and authority of the client or in accordance with the
client’s operating methods.
1.23 INTIMIDATION
1.23.1 It is the intention of both parties that the personnel provided in terms hereof shall
not fail to carry out their duties as a result of any form of intimidation. Should a
Contractor suspect intimidation of personnel, he/she shall take prompt action in
conjunction with the Employer and the South African Police Service to remedy the
situation.
1.23.2 Such action shall result in an immediate investigation instituted against the
personnel involved.
1.23.3 The Contractor shall forthwith notify the Employer, in writing, of any form of
intimidation which their personnel may be subjected to.
1.24 INSTRUCTIONS TO THE CONTRACTOR
All verbal requests by the Employer to the Contractor shall be confirmed in writing
by the Contractor within 24 hours.
1.25 MEETINGS
1.25.1 Weekly Liaison
The Contractor’s Area Supervisor shall be required to attend a regular weekly
meeting with the Employer to discuss the provision of these services. Meetings
must be minuted.
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1.25.2 Monthly Liaison
The Contractor Managing Member shall also be required to attend a meeting on a
monthly basis with the Employer, to discuss matters pertaining to the execution of
security services by the Contractor and the administration of the agreement in
general. Meetings must be minuted.
1.25.3 Quarterly Liaison
The Contractor shall be required to attend a meeting on a quarterly basis with the
Employer, to discuss matters pertaining to the execution of security services by
the Contractor and the administration of the agreement in general. Meetings must
be minuted.
1.26 REPORTING OF INCIDENTS AND REPORTS
1.26.1 All incidents or accidents on the premises or to the property of the Employer shall
forthwith be immediately reported to Coordinating Department Security Services
Section.
1.26.2 A detailed written report of all such incidents shall be reported/presented to the
Employer within twelve (12) hours after the occurrence of the said incident or
accident.
1.26.3 Salient details of all incidents occurring on the Employer’s premises shall be
recorded in the occurrence book immediately and the Coordinating Department
must be informed. The pages of the occurrence book shall be numbered
consecutively by the Contractor and no person shall remove any pages for any
reason whatsoever.
1.27 TWO-WAY HAND-HELD RADIOS OR ANY MEANS OF COMMUNICATION
EXCEPT CELLULAR PHONES
1.27.1 Hand-held two-way radios or Any Means of Communication except Cellular
Phones provided by the Contractor shall have an adequate range to ensure good
communications between any two points within a patrolled area of responsibility
on the premises of the Employer on which security services are provided.
1.27.2 The Contractor shall provide the Employer before the commencement date of the
service with a diagram indicating the local communication network and call signs
to be used by the Contractor during the term of this agreement. Any changes in
these networks or call-signs shall forthwith be brought to the attention of the
Employer in writing.
1.27.3 The hand-held two-way radios shall be on site at all times and be in good working
condition.
1.27.4 Proper radio procedures and protocol shall be used at all times.
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1.28 OCCURRENCE BOOKS
The Contractor shall provide an Occurrence Book which must be engraved with
both the Company logo and the City of Mbombela Logo on the date of
commencement of deployment/services. All Occurrence Books deployed on the
City of Mbombela sites shall henceforth be engraved with both logos at the
expense of the Contractor.
1.29 ACCESS CONTROL
1.29.1 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).
1.29.2 The search of a female under these clauses shall only be carried out by a female
security personnel member and should at all times be done in a courteous and
dignified manner.
1.30 PROVISION DOGS
The Coordinating Department may request the deployment of dogs as and when
required.
1.31 CESSION OR DELEGATION
1.31.1 Neither party shall not cede or delegate any of its right or obligation under
this Agreement.
1.31.2 The Service Provider shall not be allowed to proceed with any of the following
matters before the prior written consent of the Coordinating Department and the
Client Department/s:
1.31.2.1 any transfer of any amount of shares of the Service Provider;
1.31.2.2 any change in the composition of the Service Provider;
1.31.2.3 any change in the ownership of the company of the Service
provider; or
1.31.2.4. any material change in the constitution, memorandum, articles
of association, or similar document providing for the
establishment or incorporation of the business or company of
the Service Provider.
1.31.1 CANCELLATION
1.31.1 Any party to this Agreement may cancel this Agreement by giving notice in writing
to the other Party not less than 14 (fourteen) days prior to the intended date of
cancellation of the Agreement. (Copy from SLA)
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1.32 MANAGEMENT OF DISCIPLINE
1.32.1 The Service Provider must draw properly and consistently enforce a disciplinary
code of conduct in respect of all security officers in its employment and
undertakes to, on or before the signing of this Agreement provide the Coordinating
Department and the Client Departments with certified copies of its current grievance
and disciplinary procedures.
1.32.2 The disciplinary code contemplated above must contain rules which adequately
reflect the relevant values and principles as well as any further rules that are
reasonably necessary to ensure disciplined, honest, safe, reasonable,
professional and competent conduct by security officers in the circumstances in
which they are employed and made available by the Service Provider for the
rendering of security services.
1.33 PROVISIONS OF FIREARMS (When required by the Employer)
1.33.1 The Contractor shall at all times ensure that the personnel provided to the
Employer in terms of this agreement only be issued with the firearms listed below.
1.33.1.1 Shotguns (pump action or semi-automatic)
. 1.33.1.2 Revolvers
1.33.1.3 Pistols
1.33.2 All firearms shall be accompanied by a certificate of serviceability which will be
renewed at least once every twelve (12) months and shall be issued by a qualified
gunsmith.
1.33.3 Only firearms registered in the name of the Contractor shall be permitted on the
Employer’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.
1.33.4 The Contractor shall at all times ensure that all firearms and ammunition issued to
his/her personnel in terms of this agreement are in clean and working condition
and are properly maintained.
1.33.5 All handguns carried by personnel must be securely holstered.
1.33.6 Firearm inspection by a competent gunsmith declaring firearms serviceable and
that all the firearms to be deployed during the contract period must comply with
the Firearms Control Act 60 of 2000.
1.34 REMUNERATION AND ALLOWANCES
1.34.1 The Contractor 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.
1.34.2 The Contractor must provide audited proof that remuneration paid to each of their
employees was adjusted by at least the amount by which the statutory wage
applicable to each individual employee was increased.
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1.34.3 The Contractor 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.
1.34.4 Salaries payable by the Contractor to his/her personnel shall at no stage be less
than those prescribed by the current applicable wage determination in the security
industry.
1.34.5 The Contractor shall be responsible for the payment of all applicable taxes,
charges, duties or fees assessed or levied by any recognized authority in respect
of the security personnel provided or as a result of the security personnel being
provided by the Contractor in terms of this agreement and shall, on request
furnish sufficient documentary proof to the client that these payments have in fact
been made.
1.35 PENALTIES
Any transgression as per the following but not limited to will be as follows:
1.35.1 Site Equipment
All equipment must be fully operational and present on site at all times. The
following penalties will apply for non-compliance.
ITEM PENALTY 1ST 2ND 3RD PENALTY
Penalty applies if any of these Penalty –Deductions Penalty – Penalty –
is LACKING (NOT PRESENT) Per occasion, Deductions Deductions
unless otherwise Per occasion, Per occasion,
indicated unless otherwise unless otherwise
indicated indicated
Hand held Radio/Any Means R1000,00 R2000,00 R3000,00 per
of Communication (except shift, per person
Cellular Phones)
Firearm/shotgun R3000,00 R4000,00 R5000,00 per
shift, per person
Flashlight/ spotlight (24 hrs) R500,00 R 600,00 R750,00 per shift
Standard Operating R1000, 00 R2000,00 R3000,00 per
Procedure not on site shift
Provision of Security Officer R2000,00 R3000,00 R4000,00 per
of a lower grade than required person
No visit by Contractor’s R500,00 R750,00 R1000,00 per
supervisor (A minimum of two person
occasions per shift are
required)
Drunk of Duty R1000,00 R2000,00 R3000,00 per
person
Poor job performance R500, 00 R750,00 R1500,00
(Documented)
Short Posting per shift R1000,00 R2000,00 R3000, 00
No proper duty on/off shift R500,00 R 1000,00 R1500,00 per site
handover by site seniors, or
No Control/Ops- Room OB
number entered in site OB
Any tempering with R5000,00 R10 000,00 R15 000,00 per
equipment, including item
monitoring devices
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1.35.2 Personal Equipment
Part of standard company equipment
Copy list from SLA
ITEM PENALTY (1st 2nd 3rd PENALTY
Uniform R500,00 R750.00 R1500,00 per item
per person per shift
Raincoat R250,00 R750.00 R 1500,00 per item
per person per shift
PSIRA Identity card R1000,00 R2000,00 R3000,00 per person
per shift
Occurrence Book R1000,00 R2000,00 R3000,00 per site,
per person per shift
Pocket book R250,00 R500,00 R1000.00 per person
per shift
Wall clock (working) R250, 00 R500,00 R750,00 per item per
person per shift
Pen (working) R250,00 R300,00 R350,00 per item per
person per shift
Handcuffs R 200,00 R400,00 R600,00 per person
per shift
Key (for Handcuffs) R 200,00 R250,00 R300,00 per person
per shift
Baton R 300,00 R500,00 R800,00 per person
per shift
1.35.3 Vehicles
ITEM PENALTY 1st 2nd 3rd PENALTY
Patrol Vehicles R 2000,00 R 3000,00 R 5000,00
1.35.4 Conduct
ITEM PENALTY 2nd 3rd
Sleeping on duty R1000,00 R2000,00 R 3000,00 per
person per shift
Late posting R1000,00 R 2000,00 R3000 per post per
hour
Post deserted R3000,00 R 5000,00 R10 000,00 per
person per shift
Under posting R5000,00 R 7500,00 R10 000,00 per
person per shift
Drunk on duty R3000,00 R 7500,00 R 10000,00per
person per shift
Guard monitoring R5000,00 R10 000,00 R15 000,00 per shift
system not working
1.35.5 General penalties will apply in the following cases:
NATURE OF INCIDENT PENALTY 2nd 3rd
Management/supervisory R1000,00 per site per shift R2000,00 R 3000,00
site visit
Falsification of entries into R2000, 00 per page on which R3000,00 R 4000,00
the occurrence book. any number of faults founded.
Failure to report incident R1000,00 R2000,00 R3000,00
Monthly report not received R2000,00 per company report R4000,00 R6000,00
within five days
1.35.6 For the purpose of clarity the following explanations will apply:-
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1.36 BREACH
1.36.1 In the event of the Contractor committing a breach of a provision of this
agreement and failing to remedy such breach within 24 hours, the Employer shall
be entitled to immediately cancel the relevant portion of the agreement, or to
cancel the whole agreement by notice in writing to the contractor.
1.36.2 If the Contractor 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.
1.36.3 To report for duty at the time and place as agreed upon from time to by the
parties. (remedial)
1.36.4 To continue with his/her duties until the time agreed upon
1.36.5 To comply with the regulations, rules, operating methods and procedures of the
employer.
1.36.6 Not signing on and off duty.
1.36.7 To wear on duty in terms of this agreement, unless the client should decide
otherwise the standard uniform clothing including footwear, in a reasonable state
of cleanliness and repair.
1.36.8 To have available when reporting for duty equipment in good working order.
1.36.9 To work shifts or overtime as from time to time agreed to by the parties.
1.36.10 To carry out instructions issued by the Employer in pursuance of the regulations,
rules, operating methods and procedures.
1.36.11 To report for duty in a sober and alert manner, without being under the influence
of alcohol or drugs, or to remain in such sober and alert condition while on duty.
1.36.12 To timorously report incidents or to submit reports as provided for in this
agreement.
1.36.13 To timorously complete pocket and/or occurrence books.
1.36.14 To have a valid firearm license/permit available when reporting for duty
1.36.15 Any of the above shall be immediately reported to the Employer by telephone,
and as soon as practically possible by facsimile or email and the Contractor shall
take remedial action without delay to the satisfaction of the Employer. If any one
or more of the failures referred to above are of such a frequency that the security
service provided to the employer in terms of this agreement is adversely affected,
it shall be dealt with by the Employer.
1.36.16 Any of the above shall, as soon as it is practically possible, be reported to the
Employer by telephone or facsimile message and the Contractor shall take
remedial action without delay to the satisfaction of the Employer. If any one or
more of the failures referred to above are of such a frequency that the security
service provided to the client in terms of this agreement is adversely affected, it
shall be dealt with by the Employer.
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1.36.17 Should the Contractor act in conflict with or fail to comply with any statutory
provisions, regulations, by-laws, rules or program contemplated in Clause 3.10,
which have a bearing on the service provided in terms of this agreement, such
action or failure shall be deemed as an immediate breach of agreement.
1.36.18 Notwithstanding anything contained to the contrary in this agreement, should the
Contractor commit any act of insolvency, assign, surrender or attempt to assign or
surrender his estate or allow any default judgment against it to remain unsatisfied
for seven (7) days or if the said judgment is not rescinded within fourteen (14)
days of the date of the default judgment, or be liquidated or placed under judicial
management 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 Employer may without prejudice to any other rights he may
have, elect to immediately terminate this agreement by written notice to the
Contractor.
1.37 LIABILITY
1.37.1 The Service Provider shall at all times be liable for the acts and
omissions of Its employees providing security services to the Coordinating Department
and the Client Departments in terms of this Agreement and acting within the course and
scope of their duties and employment.
1.37.2 The Coordinating Department and the Client Departments shall not be responsible for
any loss of or damage to any vehicles, equipment or other material used by the Service
Provider in respect of the security services provided in terms of this Agreement and used
on the premises caused by the Coordinating Department and the Client Departments or
any of its employees acting within the course and scope of their duties and employment.
1.37.3 The Service Provider hereby indemnifies and holds the Coordinating Department and
the Client Departments harmless against –
any damage to the Coordinating Department’s and the Client Department’s
property, whether movable or immovable;
loss of property belonging to the Coordinating Department and the Clients
Department;
liability in respect of any damage to property, whether movable or immovable,
belonging to third parties and on the premises of the Coordinating Department and
the Client Departments; and
liability in respect of death of, unlawful arrest, injury, illness or disease to any
person connected to the rendering of the security services.
1.37.4 The Coordinating Department and the Client Departments shall not be responsible for
any loss of or damage to any vehicle, equipment, or material used in the rendering of
security services, loss or damage the proximate cause of which is the negligence of
the Service Provider or its employees.
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