Overview
What are the Key Objectives of Public Space Security?
- Identify suspicious and criminal activity within the suburb
- Prevent Criminals from getting to their target (your house or driveway)
- Apprehend Criminals, and have them arrested by the SAPS
- Drive criminal activity out of your suburb.
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MEMORANDUM OF AGREEMENT
ENTERED INTO BY & BETWEEN
CSS Tactical ( Pty) Ltd
Registration number 2006/038227/07
And
Craigpark Residents’ Association
“The CRA”
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TABLE OF CONTENTS
1. INTERPRETATION AND PRELIMINARY
2. SCOPE OF SERVICES
3. DURATION
4. INDEPENDENT CONTRACTOR
5. WARRANTIES AND UNDERTAKINGS
6. INSURANCE / LIABILITY
7. CONSIDERATION
8. LIAISON MEETINGS
9. CONFIDENTIALITY
10. ASSIGNABILITY AND SUB-CONTRACT
11. THE CRIMINAL PROCEDURE & PRIVATE SECURITY INDUSTRY REGULATION ACTS
12. AMMENDMENT
13. BREACH
14. ARBITRATION
15. DOMICILIUM CITANDI ET EXECUTANDI
1. INTERPRETATION AND PRELIMINARY:
The headings to the clauses are for the purposes of convenience and reference only and shall not be used in the interpretation of, nor modify, nor amplify the terms of this agreement, nor any clause. In this agreement, unless a contrary intention clearly appears:-
1.1. words importing:
1.1.1. any one gender includes the other gender;
1.1.2. the singular includes the plural and vice versa; and
1.1.3. natural persons include created entities.
1.2. the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have a corresponding meaning, namely:
1.2.1. "CPA" means the Criminal Procedures Act (Act # 51 of 1977 as amended);
1.2.2. "Building" means any building forming part of the residential homes of the Client in the Security Area;
1.2.3. “Client” means the collective group comprising of the Craighall & Craighall Park Residents;
1.2.4. "Consultant" means any person appointed by the Client to provide advice on security matters, from time to time;
1.2.5. "Contractor" means: CSS Tactical (Pty) Ltd;
1.2.6. “Residents” means those individual residents residing in the security area as outlined in annexure 1
1.2.7. “Individual Monthly Contribution” means the agreed total amount payable by each Craighall and Craighall Park Resident towards the total Monthly Fee, as set out in Annexure 2; as amended from time to time subject to sixty days notice period
1.2.8. “Monthly Fee” means the agreed total fee payable each month by the Client to the Contractor, as set out in Annexure 2;
1.2.9. Representative means the Client’s nominated Representative as approved from time to time by the Clients. The first nominated Representative is Richard King;
1.2.10. “Security Area” means the area bounded as marked on the CRA’s precinct map, attached hereto as Annexure 1
1.2.11. "Security services" means security services to be provided by the Contractor in terms of this agreement;
1.2.12. "Security personnel" means security guards and security officers as described by the Private Security Industry Regulation Act (Act 56 of 2001 as amended);
1.2.13. "Site instruction" means any instructions recorded as Standard Operating Procedures (SOP’s) in Annexure 3, as amended in writing from time to time;
1.2.14. “PSIRA” means the Private Security Industry Regulation Act (Act 56 of 2001 as amended).
The Contractor undertakes to provide the following security services to the Client in respect of the Security Area twenty four hours per day, seven days a week, fifty two weeks per year on the terms and conditions set out in this agreement namely:-
2.1. the Contractor shall patrol the Security Area as defined in annexure 1 and all persons either living within the Security Area or who are within the Security Area on a temporary basis, and shall take all necessary steps (which must be lawful) to protect the Security Area against damage and Crime (caused by, inter alia, theft, burglary, vandalism, robbery, assault or sabotage) and shall safeguard the persons and assets of occupiers or visitors to the Security Area. The Security Area will be monitored by dedicated vehicles; the number of which shall be determined by the number of subscribers (“the Vehicles”) which will only patrol the area outlined in Annexure 1. Without limiting the foregoing the Contractor shall: -
2.1.1. ensure that all security and protection equipment and systems in the Security Area that are connected to the Contractor are regularly tested. If any such tests reveal that same are not in good working order, the Contractor shall notify the Client;
2.1.2. the alarm systems of the residential houses that fall within Annexure 1 can be linked to the Contractor by radio. All alarm calls that are linked to the contractor by radio transmitter will be responded to by the Vehicle;
2.1.3. the contractor undertakes to ensure that all residents in the designated security area who elect to source armed response services from the contractor, will be compelled to procure the PSS service from the contractor. Such services are to be procured via the client.
2.1.4. the Vehicles will be dedicated to the Security Area and will not respond to alarms calls at residential homes who are not linked to CSS Tactical’s control room. The Vehicles will not leave the Security Area except to refuel.
2.1.5. make written recommendations to the Client concerning any reasonable additional security equipment systems and guarding which the Contractor considers the Client should have;
2.1.6. take all reasonable steps to monitor entry and exit of all persons from the Security Area. In this respect the suggested procedures for the Guards to monitor the Client are outlined in Annexure 3. In particular, the Vehicles will, upon request, monitor the exit and entry of Clients to and from their residential homes;
2.1.7. patrol the Security Area in such manner and at such intervals as are required to prevent unauthorised removal of goods and to detect any irregular occurrences;
2.1.8. exercise any powers granted under the Criminal Procedures Act and / or the Private Security Industry Regulation Act to any private person, without using excessive force;
2.1.9. keep written records of any incidents affecting the security of the Security Area and report it in writing (include by email) to the Client, and furthermore to notify the Client of any fires or flooding (from any cause) which may come to the attention or knowledge of the Contractor (or its security personnel). On a monthly basis, a report will be sent to the Client updating them on crime in Craighall and Craighall Park;
2.1.10. investigate suspicious persons or circumstances.
2.2. The Contractor shall not keep or do or permit to be kept or done in the Security Area anything which, in terms of any conditions of any fire insurance or any other type of insurance policy whatsoever held by the Client (or any member of the Client or any owner of occupier of property within the Security Area) in respect of the Security Area or any part thereof, may not be kept therein or may render same void or which will or may increase the rate of any such insurance policy.
2.3. If the Client or a member of the Client requests assistance from the Contractor for any security reason whatsoever the Contractor shall be obliged to ensure that a competent appointee is at the Security Area within a reasonable time.
2.4. If any security personnel are not able to or do not undertake their duties for any reason whatsoever the Contractor shall ensure that a substitute or substitutes are available within 1 hour of the change of shift. No consideration shall be payable for the shift which should have been worked by such security personnel if the substitute is not available within 1 hour.
2.5. It is a particular requirement of this contract that security personnel provided in terms of this contract, should not fail to carry out their duties as a result of intimidation by any person or group of persons. Should intimidation of security personnel be suspected the Contractor shall be required to remedy the situation. Such action if necessary includes the immediate replacement of the personnel in question.
2.6. The Contractor shall maintain a fully manned, 24-hour control room, which shall have communication links with emergency services such as the police, fire brigade, ambulance services, traffic police and other Emergency services. The control room shall have two way radio communication with the Vehicles.
2.7. If any notice contemplated in clause 3 is given, the Contractor shall not be entitled to substitute any existing security personnel during the notice period without the prior approval of the Client.
2.8. The Contractor shall be required to carry out proper supervision of security personnel by means of regular visits during their hours of duty. A minimum of one site check per shift is required. Details of such visits to be recorded by the inspector in a register and to be made available to the contractor upon request.
2.9. Issue security personnel with a sufficient number of uniforms to properly render the service. The uniforms shall:
2.9.1. be in accordance with the Client’s specifications;
2.9.2. be for the Contractor’s account;
2.9.3. be properly maintained by the Contractor.
2.9.4. include bullet proof vests.
2.10. Security personnel are to be trained and qualified to perform their services to a minimum level of professional efficiency required and approved by the Private Security Industry Regulation Authority, and to the levels required by the Client i.r.o. the Security Area. In particular security personnel should received appropriate training in the use of firearms.
2.11. Adhere to the Standard Operating Procedures which are attached hereto as Annexure 3.
2.12. The Contractor undertakes that two security personnel per vehicle will be available for the security area and will only be replaced by other suitably qualified existing employees of the contractor when the guard is absent due to unplanned sick leave or other unscheduled absenteeism.
2.13. The contractor shall, upon request present full two-year working histories for each of the security personnel who shall be posted at the security area.
3. DURATION:
3.1. The initial contract period shall commence on the effective date and shall terminate on the termination date as follows:
3.1.1. Effective date = 1 October 2008 and will continue on a month to month basis thereafter.
3.2. notwithstanding the provisions of this clause, the Contractor agrees that the client shall be entitled to terminate this contract or any subsequent renewed contract, unless otherwise stated on one month’s written notice to the contractor.
4. INDEPENDENT CONTRACTOR:
The security personnel shall at all times be and remain the servants, employees, and or agents of the Contractor, and insofar as the Client is concerned shall be independent contractors. All communication in this regard should be communicated through CSS Tactical operations manager.
5. WARRANTIES AND UNDERTAKINGS:
5.1. The Contractor warrants that:-
5.1.1. the services shall be rendered and executed in a professional manner in accordance with the standards laid down by PSIRA and reasonably expected in the industry;
5.1.2. the security personnel shall:-
- have the expertise to execute their functions properly;
- carry such equipment, such as batons, cable tires, two way radios, firearms (a minimum of one firearm per tactical officer) etc which shall be in working condition at all times;
- be able to communicate effectively in English;
- be able to act in a forceful yet diplomatic manner;
- be able to write up their own pocket books as well as maintain an occurrence book, which shall be supplied by the Contractor;
- know how to react to problem situations, such as fights, unruly groups, armed and unarmed criminal attacks and how to raise an alarm;
- be supplied with battery operated torches or other equivalent lighting equipment;
- have basic knowledge of fire fighting and equipment to be used, as well as being conversant with Emergency first-aid;
- be registered in terms of the Private Security Industry Regulation Act (Act 56 of 2001 as amended);
- be supplied with bullet proof vests.
5.2. The Contractor undertakes that:-
5.2.1. prior to any security personnel being assigned to provide any security services to the Client, such security personnel will sign undertakings in favour of the Client that they will strictly adhere to the provisions of this agreement, the job descriptions and the site instructions;
5.2.2. he shall conform to and comply with any statutory or other legal provisions, regulations and by-laws relating to his business and / or personnel;
5.2.3. he shall be responsible for the payment of, inter alia, his security personnel's salaries, bonuses, over-time and all other amounts payable, at least per PSIRA and in accordance with the Basic Conditions of Employment Act.
5.2.4. he shall be responsible for the payment of, inter-alia, all taxes, levies and other monies levied under law;
5.2.5. should any member of his security personnel for any reason whatsoever be found by either the Contractor or the Client to be incompetent for service, that such member shall be replaced forthwith;
5.2.6. he shall inform the Client of the existence of any hazard or potentially dangerous situation in the Security Area as soon as his security personnel become aware thereof. This notification will be provided by email, (in accordance with a list provided by the Representative from time to time) or by home telephone numbers if the Contractor in their discretion deems this more appropriate.
6. INSURANCE / LIABILITY:
6.1. The Contractor shall at all times be liable for the acts and omissions of its security personnel in the execution of this agreement.
6.2. The Contractor confirms that it has in force and will continue to maintain in force public liability insurance of no less than 5 (five) million South African Rand aggregate per annum and a five (5) million South African Rand firearm extension. This shall relate to occurrences in the Security Area arising out of the Contractor's and the security personnel’s acts or omissions and the activities contemplated in this agreement. The Contractor shall not alter or cancel the insurance policy without the consent of the Client. A copy of the insurance policy and / or proof of payment of premiums must be supplied upon request in terms of clause 6.5 below. Such policy of insurance shall state that the insurance and cover referred to therein is for the benefit of the Client, all members of the Client, and all owners of property and occupiers of property within the Security Area.
6.3. In those cases where the policies have "excluded risks", the Contractor shall personally be responsible for any damage to property and / or death of and / or the injury to any person caused by any such excluded risks. The Contractor indemnifies the Client and all members of the Client, and all owners of property and occupiers of property within the Security Area in full against all claims from the public or members of the Client howsoever arising involving the act or omission of the Contractor’s security personnel, such indemnity to include all legal costs incurred by the Client on the attorney-and-own-client scale (provided that it is proved that the Contractor is legally liable for such act or omission).
6.4. The Client undertakes, without being obliged to incur any expenditure in respect therefore, to give the Contractor any reasonable assistance and to co-operate reasonably with the Contractor to investigate any claim, suit, cost or demand which may be threatened, made or brought against the Contractor by any third party arising from the rendering of security services in the Security Area but only in those cases where there is no potential conflict of interest. In particular, but without prejudice to the generality of the foregoing, the Client shall allow the Contractor reasonable access to the Client's premises, relevant books and records, and to interview and take statements from the Client's servants, employees, and / or agents.
6.5. The Contractor shall within 3 days after the requested date provide the Client with copies of the insurance policies.
6.6. Should the Contractor submit any claims under these policies, he shall be responsible for payment of all excess payments and / or other costs claimed by the insurer.
6.7. The Client shall not be liable in respect of any loss of or damage to property or loss of life sustained by the Contractor or its agents or employees in the Security Area howsoever arising.
6.8. The Contractor shall at all times make themselves familiar with and operate according to the Occupational Health and Safety Act.
7. CONSIDER.ATION:
7.1. The Monthly Fee payable by the Client to the Contractor shall be in accordance with the schedule detailed in Annexure 2
7.2. The Contractor shall, by the 7th day of each month, submit to the client an invoice specifying the services rendered during that month and detailing the amount due.
7.3. The Client shall make payment for such services on the 20th day of each month or within 30 days of the receipt of the relevant statement, provided that the invoice was received by the 7th day of that month. Such payment will be made without deduction, set off or bank charges.
7.4. It is specifically agreed that each Resident who subscribes to the PSS scheme shall only remain liable for his or her Individual Monthly Contribution towards the Monthly Fee as set out in Annexure 2, and in no way shall be jointly and severally liable for any additional amounts that make up the Monthly Fee.
8. WRITTEN REPORTS & LIAISON MEETINGS:
8.1. Serious incidents involving death or injury of persons and any criminal or suspected Schedule1 offence must be reported to the South African Police as well as the Representative. A written report of the incident shall be provided to the Representative.
8.2. Salient details of any other incidents shall be recorded immediately in an Occurrence Book. Books for this purpose must be made available, and shall remain available for inspection upon request.
8.3. A weekly summary of pertinent incidents is to be submitted to the Representative on the first working day of the following week. This report is to provide full details of any information relating to the security situation of the Security Area.
8.4. The Contractor or his delegate shall be required to attend regular meetings convened by the Client.
8.5. The Contractor undertakes to issue to the Client a weekly crime incident report which also provides the street number. On a monthly basis a report will be sent to the Client updating them on crime in Craighall and Craighall Park providing, where possible, comments and analysis for that month.
9. CONFIDENTIALITY:
During the term of this agreement and thereafter, the Contractor undertakes not to divulge to any person, other than the Client or persons designated by the Client in writing, any confidential information directly or indirectly useful in any respect of the business or activities of the Client, as conducted from time to time, which the Contractor at any time during this agreement shall have had access to and which is not generally known to the public or recognised as standard practice. In this regard, confidential information would not include general crime statistics that do not include Client’s personal information, e.g. home numbers etc.
10. ASSIGNABILITY AND SUBCONTRACT:
10.1. The Contractor shall have the right to assign this agreement or cede its rights or delegate its obligations hereunder without the prior written consent of the Client. The Contractor will provide one month’s written notice of the cession and the client will be entitled to provide notice under clause 3 of this agreement.
11. THE CRIMINAL PROCEDURE & PRIVATE SECURITY INDUSTRY REGULATION ACTS:
11.1. The Contractor shall ensure that security personnel are properly trained in all aspects of the Criminal Procedures Act (as amended) and in particular their powers of arrest and search. The Contractor also indemnifies the Client against any claims (including legal costs on the attorney-and-own-Client scale) made against the Client due to the security personnel not complying with the provisions of the Criminal Procedures Act or any other law.
11.2. The Client shall, where necessary and as soon as reasonably possible, furnish the Contractor with the necessary authority under Section 42(3) of the Criminal Procedures Act as amended (Act 51 of 1977).
11.3. The Contractor and his employees must be registered in terms of the Private Security Industry Regulation Act (Act 56 of 2001) as amended.
12. AMENDMENT
12.1. No amendment of this agreement, extension of time, waiver or relaxation or suspension of any of the provisions or terms of this agreement shall be binding unless recorded in a written document, signed by the Contractor and each of the nominated CRA executive members. Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given.
12.2. No extension of time of waiver or relaxation of any of the provisions or terms of this agreement shall operate as an estoppel against any party in respect of its rights under this agreement, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with this agreement.
13. BREACH:
13.1. In the event of either party to this agreement committing a remediable breach of a provision of this agreement and failing to remedy such breach within 7 days of the receipt of a written notice to this effect from the other party then the aggrieved party shall be entitled without notice, in addition to any other remedy available to it at law or under this agreement, including obtaining an interdict, to cancel this agreement or to claim specific performance of any obligation whether or not due date for performance has arrived in either event without prejudice to the aggrieved party's right to claim damages.
14. ARBITRATION:
14.1. Save in respect of those provisions of the agreement which provide for their own remedies which would be incompatible with arbitration a dispute, which arises in regard to:-
a. the interpretation of; or
b. the carrying into effect of; or
c. any other party's rights and obligations arising from; or
d. the termination or purported termination of or arising from the termination of; or
e. the rectification or proposed rectification of
this agreement, or out of or pursuant to this agreement, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), shall be submitted to and decided by arbitration.
14.2. That arbitration shall be held with only the parties and their representatives present thereat at Johannesburg, and where possible shall be concluded within 21 working days after it has been demanded. The parties shall use their best endeavours to procure the expeditious completion of the arbitration.
14.3. Save as expressly provided in this agreement to the contrary, the arbitration shall be subject to the arbitration legislation for the time being in force in South Africa.
14.4. The arbitrator shall be nominated by the Arbitration Foundation of South Africa and the costs in regard to the arbitration shall be borne by the parties in equal parts.
14.5. The decision of the arbitrator shall be final and binding on the parties.
15. DOMICILIUM CITANDI ET EXECUTANDI:
15.1. The parties choose as their domicilia citandi et executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communication of whatsoever nature, the following addresses:-
Representative: Richard King
78 Rutland Avenue, Craighall Park
Fax: 086 560 5491
Contractor: CCS Tactical (Pty) Ltd,
18th Floor, Sandton Office Tower, Sandton City
15.2. Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing but it shall be competent to give notice by telefax.
15.3. Either party may by notice to the other party change the physical address chosen as its domicilium citandi et executandi to another physical address in South Africa or change its telefax number, provided that the change shall become effective on the 7th business day after the receipt of the notice by the other party.
15.4. Any notice to any party:-
a. sent by prepaid registered post in a correctly addressed envelope to it at its domicilium citandi et executandi shall be deemed to have been received on the 7th business day after posting;
b. delivered by hand to a responsible person during ordinary business hours at its domicilium citandi et executandi shall be deemed to have been received on the day of delivery; or
c. sent by telefax to its chosen telefax number stipulated in clause 15 shall be deemed to have been received on the date of despatch.
15.5. Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.
SIGNED and WITNESSED by the parties on the following dates and at the following places respectively:
Date Place Signatory
………….............. ............…………….. ……………………........................
for the Contractor, the signatory warranting that he is duly authorised hereto.
Date Place Signatory
………….............. ............…………….. ……………………..................
for the Client, the signatory warranting that he is duly authorised hereto.
ANNEXURE 1
SECURITY AREA
Craighall Park to be limited to the areas bounded by Jan Smuts Avenue, Northumberland Avenue, Sutherland Avenue, Hamilton, Vale and Herpo Avenues as well as Marlborough Avenue.
At this stage, Hillcrest & Wendy Avenues are for various reasons not included.
Craighall to be limited to the area bounded by Waterfall Avenue, Athole Avenue and Jan Smuts Avenue, noting that the cul-de-sac roads leading to the Braamfontein Spruit are all included but not Gleneagles Road which is linked to Hurlingham initiatives.
It is noted that regular patrols (at least two per week) will be undertaken along the length of the Braamfontein Spruit in the above areas.
ANNEXURE 2
PAYMENT STRUCTURE
Payment will be made by the CRA through Jasper Management on the 20th day of every month commencing on 1 October 2008. The Contractor has agreed to pay the fee of R5 per debit order to Jasper Management.
Individual Monthly Contribution - Fee Structure:
R385.00 per month per house
R85.00 per month per townhouse unit
Monthly Fee:
The agreed total fee payable each month by the Client to the Contractor. Whilepayment will always be limited by the amount received from the participants, in the event of a shortfall the Contractor will request a review of the services offered.
ANNEXURE 3
STANDARD OPERATING PROCEDURES
CSS TACTICAL (PTY) LTD
JOB DESCRIPTION
TACTICAL OFFICERS & GUARDS
W/HOURS : 12 Hour Shifts
DAY SHIFT : 06h00 to 18h00
NIGHT SHIFT: 18h00 to 06h00
1. CSS TACTICAL PERSONNEL DUTIES
1.1 You will report on duty 15 min. before time in prescribed uniform.
1.2 You will be shaved (unless agreed otherwise), neat and sober and go
straight to your responsible area.
1.3 Check and inspect your radio from the off going shift.
1.4 Record any defects in your pocket book, and to the control room.
1.5 Sign relevant radio signature lists for radios.
1.6 Conduct patrols every morning/evening for your areas.
1.7 Check your areas e.g. windows, walls, floors and any damage or dirt in your area.
1.8 Any suspicious persons/activity to be reported to the control room and dealt with accordingly.
1.9 Any persons under the influence of alcohol or drugs; acting strange must be reported.
1.10 Handover any equipment and information to your reliever before going off duty.
1.11 Always be polite and helpful and maintain a high standard of performance while on/off duty.
1.12 Do not leave your post unattended for any reason. Always make sure you are relieved.
1.13 Always be alert and observant.
1.14 No beggars, hawkers or trolley-pushers are allowed in the area.
1.15 Do not admit or make a statement to any third party, traffic or SAPS, instead, always refer to Management.
2. CSS TACTICAL PERSONNEL ROLES AND RESPONSIBILITIES IN TERMS OF THE CONTRACT.
All CSS Tactical personnel report to the Supervisor / Area Manager.
His/ her basic duties and responsibilities include the following:
- To report for duty in full uniform, clean shaven (unless agreed otherwise), neat, tidy and sober.
- To report for duty punctually each morning.
- To report off duty at the end of the shift, and report all suspicious activity to the next shift.
- Meal relief breaks to be taken as per the discretion of the supervisor.
- Take note of and where necessary investigate any unusual eventand alert the supervisor and control room as circumstances dictate.
- To be punctual at pre-planned patrol site as indicated by supervisor.
- Enter all occurrences in his/her pocket book.
