TERMS AND CONDITIONS FOR EMPANELMENT OF PRIVATE SECURITY AGENCIES STATE BANK OF INDIA, KOLKATA CIRCLE, KOLKATA 1. GENERAL:-

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1 TERMS AND CONDITIONS FOR EMPANELMENT OF PRIVATE SECURITY AGENCIES STATE BANK OF INDIA, KOLKATA CIRCLE, KOLKATA 1. GENERAL:- The empanelled Security Agency would be required to provide approximately 200 uniformed, trained, either armed or unarmed or both Security Guards for its Local Head Office, Bank s Residential Complexes/Bank s Property, Administrative Offices in Kolkata, Administrative Offices and other offices in the State of West Bengal, Sikkim & Andaman & Nicobar for providing security to the building, equipments, materials, Bank s property, residents of the Bank s residential complexes and staff working in its offices and monitoring and surveillance of the premises. 2. DURATION OF EMPANELMENT:- The empanelment will be valid initially for three years and the Bank reserves the right to terminate the contract with prior notice of one month or extend the validity of contract on the same rates, terms & conditions for such period as may be agreed to, but not beyond a maximum period of five years. 3. SCOPE OF WORK:- Scope of work has been detailed in Annexure I 4. EARNEST MONEY DEPOSIT: Earnest Money Deposit of Rs /-(Rupees One Lakh Only), in the form of Demand draft issued by scheduled commercial bank favouring State Bank of India, payable at Kolkata must be submitted along with the application for empanelment. Documents not accompanied with Earnest Money Deposit of Rs /- will not be accepted. Bank Guarantee in lieu of Earnest Money Deposit will not be accepted. No interest will be payable on the Earnest Money Deposit. 4.1 The Earnest Money Deposit will be refunded to the unsuccessful PSA s within one week and the same can be collected from the Office of Circle Security Department, LHO Kolkata. The earnest Money paid by the successful PSA s will be released only after completion of the empanelment period. 5. PERFORMANCE GUARANTEE: An amount equivalent to the sum of one month s billing amount will be retained in the form of TDR, at the respective office, under which the security guards are provided. To facilitate the above, the Bank will keep the first month s billing amount with itself and convert it in to a STDR in the name of (R)Page 1 of 15

2 the Private Security Agency. Actual payment of bills shall commence from the second month onwards. The private Security Agency shall be responsible for the first month payment of salary and other statutory liabilities to its security guards/supervisor. 5.1 The Performance Guarantee Money will be refundable along with interest as applicable for STDR at the end of the contractual period, provided There are no other penalties to be levied on the firm/company due to loss/theft/damage etc to Bank Property or negligence/deficiency in service and made attributable to the firm/company or any of its employees by the Bank There are no other claims of central or State government agencies pending against the firm/company and brought to the notice of the bank like duties taxes and levies etc. 6. PROCESS : 6.1 After finalization of the process of empanelment, the list of the Empanelled Agencies will be sent to all the Administrative Offices of our Bank located within the State of West Bengal & Sikkim & UT of Andaman & Nicobar, under jurisdiction of the Kolkata Circle. A list of the Administrative Offices is given in Annexure II. 6.2 The Empanelled Private Security Agencies will be provided the requirements of armed/ unarmed Guards directly from the Zonal Offices of State Bank of India under the jurisdiction of the Kolkata Circle. 6.3 The PSA selected to provide the services in the modules would be based on the decisions arrived at by the Committee formed there at considering all factors given by the Private Security Agency in the EOI documents and shall be final and binding on all empanelled vendors No further correspondence in the matter will be entertained An agreement will have to be signed by the empanelled PSA with the designated representative of respective Administrative office under Kolkata Circle at the location where the service is to be provided. A general draft of the agreement is attached at Annexure III. However, (R)Page 2 of 15

3 additions/alterations if any shall be made as per the local requirements and circumstances The PSA so engaged by any of the Offices/Establishments of State Bank of India shall have to provide the names of the persons deployed on duty along with their EPF numbers, ESIC numbers and Bank A/c numbers, within one month of issue of work order SUBMISSION OF UNDERTAKING: An undertaking as per (Annexure G of Draft Agreement) will have to be submitted by the PSA at the location where the service is being provided, before the work is allotted. 7. TERMS AND CONDITIONS 7.1 SITE VISIT: It will be imperative on each of the Private Security Agencies to fully acquaint themselves with all the local conditions and factors, which may affect the performance of the contract The cost of visit shall be borne by the Private Security Agency. It will be deemed that the Private Security Agency has undertaken a visit to the Bank s premises/residential complexes etc. and is aware of the operational conditions prior to the submission of the acceptance and subsequent signing of agreement. 7.2 The Security Guards/Supervisors provided shall be the employees of the Private Security Agency and all statutory liabilities will be paid by the Private Security Agency such as ESI, PF, liabilities under Workmen s Compensation Act, etc. The list of security guards/supervisors to be deployed shall be made available to the Bank and if any change is required on part of the Bank, fresh list of Guards/Supervisors shall be made available by the agency after every change. 7.3 The security Guards/supervisors engaged by the security Agency shall be the employee of the Private Security Agency. The Bank has no relationship with any of such personnel of the Private Security Agency. The security guards/supervisors rendering the services shall never be deemed to be the employees of the Bank in any manner whatsoever and shall not be entitled (R)Page 3 of 15

4 for employment, absoption in Bank, salary, wages, damages, compensation and anything arising from their deployment by the Security Agency 7.4 The Private Security Agency shall not employ any person below the age of 18 yrs. and above the age of 55 yrs. Manpower so engaged shall be well trained for providing security services and fire fighting services before joining. 7.5 The qualification for all Security Guards/Supervisors will be matriculate (minimum) and they should be able to converse in Hindi & Local language (as applicable in the States of West Bengal or Sikkim or UT of Andaman & Nicobar) 7.6 The antecedents of Security Guards/Supervisors deployed shall be verified by the Private Security Agency from local police authority and an undertaking in this regard together with supporting documents obtained from police authorities will be submitted to the Bank. 7.7 The Private Security Agency will maintain a register on which day to day deployment of Guards/Supervisors will be entered. This will be available for inspection by the authorized official of the Bank. While raising the bill, the deployment particulars of the Guards/Supervisors engaged during each month, shift wise, should be shown. The Private Security Agency has to give an undertaking (on the format) regarding payment of wages and statutory liabilities as per rules and laws in force have been complied with. 7.8 The Security Guards/Supervisors shall not accept any gratitude or reward in any manner during the course of discharge of their duties or otherwise connected to the work scope. 7.9 In the event of any loss caused to the Bank, as a result of any lapses on the part of the Private Security Agency or any of its Guards/Supervisors, the estimated value of said loss will be compensated by the Private Security Agency. The decision of the competent authority of the Bank in this regard will be final and binding on the agency. The Security Agency undertakes to not to raise any objection in this regard The Private Security Agency shall perform all such Security services, acts, matters and things which the Bank may issue/advice from time to time. (R)Page 4 of 15

5 7.11 The Private Security Agency shall be responsible to maintain all property and equipment of the Bank entrusted to them as per agreement The Private Security Agency will deploy supervisors as per the requirement of the Bank The Guards/Supervisors engaged have to be very disciplined, courteous with pleasant personality in dealing with the Staff/ residents/visitors. The Security Agency will have to change any Guard/Supervisor in case of complaints or as decided by the Bank if the person is not performing the job satisfactorily or otherwise. The Private Security Agency shall have to arrange for a suitable replacement in all such cases The Private Security Agency shall get guards and supervisors screened for visual, hearing, gross physical defects and contagious diseases and will provide a certificate to this effect for each of such person deployed The eight hours shift will be generally from 0600 hrs. to 1400 hrs.,1400 hrs. to 2200 hrs. and 2200 hrs. to 0600 hrs. But the timings of the shift can be changed as per the convenience of the bank. Prolonged duty hours (more than 8 hrs. at a stretch) shall not be allowed. The security Guards will report for duty at least 15 minutes in advance for smooth take-over of charge The Private Security Agency shall bear all the expenses incurred on the following items i.e. Provision of torches and cells, batons and other implements to Security Guards/Supervisors, stationery for writing duty charts and registers at security check points and for keeping records as per requirement The Private Security Agency's employee who is an armed guard shall have a fire arm, provided by the agency. The Private Security Agency will ensure that the gun licence of the Private Security Agency employee remains valid as per state laws. The name of the Armed Guard provided by the Agency should have been entered as a retainer in the Gun licence. The custody of the arms/gun shall be the sole responsibility of the Private Security Agency or the Private Security Agency employees and the bank shall not be liable for the safe custody of the arms/gun. In case if the Private Security Agency does not hold the Gun Licences at present in its own name, then it should immediately arrange for such licences and subsequent procurement of guns. The Private Security Agency will have to produce (R)Page 5 of 15

6 copy/copies of the Gun licence duly entered with the name of the retainers within one year from the date of the finalisation of empanelment or deployment of armed guard (on such demand of bank) whichever is earlier, failing which, the name of the Private Security Agency shall be cancelled from the list of the empanelled agencies The Private Security Agency shall ensure that its Guards/Supervisors will not disclose any information of the Bank/Residential Complexes. This clause does not apply to the information, which becomes public knowledge Security Guards/Supervisors engaged by the Private Security Agency shall not take part in any staff union /association activities of the Bank All the documents shall be complete in all respects and duly stamped and signed by authorized officials of the Private Security Agency Selected Agency shall be responsible for payment of wages and dues to their security guards/supervisors by the 7 th of every month and selected agency would be liable for any liability arising out of violation of any law, local, state or central 7.22 Payment : The payment will be made on completion of each calendar month based on the actual shift manned/operated by the Guards/Supervisors deployed by the Private Security Agency. The payment will be released to the PSA on production of following documents : (a) Invoice of the total amount payable. (b) Monthly duty roster (c) Copies of pay slips ( as per format given in the annexure C of Draft Agreement) (d) Documents and challans, evidencing submission of EPF & ESIC for the previous month of all employees. The challans must be accompanied with the list of employees deployed under this contract. (e) All payments to be credited to the individual s Bank A/c The payment structure of personnel engaged will be as per Central Minimum Wages in skilled/highly skilled category as applicable to different category of centres, subject to revision as per Govt. notification except management fee (R)Page 6 of 15

7 which will be fixed as Rs. 1000/- pm and Uniform as Rs. 230/- pm for the duration of empanelment. (Annexure B of Draft Agreement) 7.24 FINE AND PENALTY: In case of absenteeism/delay in reporting for duty Guards/Supervisors(s), a suitable replacement is to be provided. If there is no replacement, a penalty equal to double the wages of absentees on that particular day shall be levied by the Bank and the same shall be recovered from Private Security Agency In case of a complaint against Guards/Supervisors, the Private Security Agency will be informed of the complaint and the Private Security Agency has to accept the decision of the Bank and shall replace the concerned Guards/Supervisors within 48 hours The Guards/Supervisors engaged by the Private Security Agency shall be dressed in neat and clean uniform (including proper name badges), failing which a penalty of Rs.50/- (Rs Fifty Only) will be levied on each occasions and habitual offenders in this regard shall be changed by the Agency. The penalty on this account shall be recovered from the Private Security Agency and PSA undertakes to raise any objection in this regard If any of the employees of the Agency is found in unshaven/soiled or without uniform/not wearing shoes/unkempt hair etc. a penalty of Rs.50/- for each such incident shall be levied and the same shall be recovered from the Private Security Agency. Further, the concerned Guards/Supervisors are to be changed on recurrence of the same If any of the Private Security Agency s Guards/Supervisors are found to be indulging in any corrupt practices causing any loss of revenue/image of the Bank, the Bank shall be entitled to terminate the contract forthwith duly forfeiting the Private Security Agency s Performance Guarantee/Earnest Money Deposit If any claim is filed in the office of Labour Authorities due to nonpayment of wages of any employee deployed by the private Security Agency, the bank may make such payment on behalf of Private Security Agency to the said labour Authorities and any sum so paid shall be recovered by the Bank from the Private Security Agency. (R)Page 7 of 15

8 If any money, as a result of any instructions from the Labour authorities or claim or application made under any of the Labour laws, or Regulations, is directed to be paid by the Bank, such money shall be deemed to be payable by the Private Security Agency to the Bank within seven days. The Bank shall be entitled to recover the amount from the Private Security Agency and recover from money due to the Private Security Agency or from the Performance Guarantee In case the Private Security Agency fails to commence/execute the work as stipulated in the agreement/terms and Conditions of empanelment, then the Bank reserves it s right to impose a penalty. Further, unsatisfactory performance or not meeting the statutory requirements of the contract, would also invite penalty. Terms of penalty imposition would be as under: (a) After two weeks of delay in execution of work, the Bank reserves the right to cancel the agreement and get this job carried out from other empanelled security agencies. (b) In addition to the above the Bank may forfeit the amount of EMD kept with the Bank (c) The concerned Private Security Agency shall also be black listed for a period of 4 years from participating in such type of empanelment. (d) The penalty imposed upon the Private Security Agency shall be binding upon the Agency without raising any objection or claim against the Bank Any liability arising out of any litigation (including those in consumer courts) due to any act of their Guards/Supervisors shall be directly borne by the Private Security Agency including all expenses/fines If as a result of post payment audit any overpayment is detected in respect of any work done by the agency under this contract, it shall be recovered by the Bank from the agency. (R)Page 8 of 15

9 8 OBLIGATIONS OF THE PRIVATE SECURITY AGENCY: 8.1 If the Private Security Agency is a joint venture/partnership of two or more persons, all such persons shall be jointly and severally liable to the Bank for the fulfillment of the terms of the contract. Such entity shall designate one or more persons as authorized signatories to act on behalf of the entity. The joint venture/partnership shall not be altered without the approval of the Bank. 8.2 The Private Security Agency should ensure strict and meticulous compliance of Contract Labour (Regulation and Abolition) Act, 1970 and The Contract Labour (Regulation and Abolition) Central Rules, 1971, and maintain all records and documents as given therein. 8.3 The Private Security Agency shall ensure compliance with tax laws in India with regard to this contract and shall be solely responsible for the same. The Private Security Agency shall keep the Bank fully indemnified against liability of tax, interest, penalty etc. of the Private Security Agency. 8.4 The Private Security Agency should be registered with the concerned authorities of Labour Department under Contract Labor (R&A) Act 1970 if applicable. 8.5 The Private Security Agency shall abide by and comply with all the relevant laws and statutory requirements covered under various laws such as Minimum Wages (Central sphere) Act, Contract Labour (Regulation and Abolition) Act, EPF, ESI and various other Acts as applicable for their employees from time to time. 8.6 The Private Security Agency shall indemnify and hold the Bank harmless from and against all claims, damages, losses and expenses arising out of, or resulting from the works/services under the contract provided by the Private Security Agency. 8.7 The Private Security Agency and its staff, shall take proper and reasonable precautions to protect the Bank from loss, destruction, waste or misuse of areas of their responsibility given to them by the Bank and shall not subcontract to any one any of the effects of the Bank under its control. 8.8 The Private Security Agency shall be liable to provide the copies of relevant records during the period of contract and even after the contract is over, whenever required by the Bank. (R)Page 9 of 15

10 8.9 The Private Security Agency should have round the clock control room service along with a quick response teams to deal with emergent situations The Private Security Agency should have their own well established infrastructure for training of guards. Details of faculty, recruits trained, area of premises, syllabus and duration of training should be enclosed The Private Security Agency shall have its own Establishment/Setup/Mechanism, etc. at its own cost to ensure correct and satisfactory performance of the liabilities and responsibilities under the contract All liabilities arising out of accident or death of their employees, while on duty shall be borne by the Private Security Agency. 9 DE-EMPANELMENT/TERMINATION OF THE CONTRACT:- 9.1 If at any stage, even after empanelment, it comes to the notice of the Bank, that the Private Security Agency/firm had used fraudulent methods or falsified documents to obtain the contract, the Bank would be at its liberty to terminate the contract without any notice and a penalty as deemed appropriate by Bank including forfeiture of the Earnest Money Deposit, would be imposed on the Private Security Agency. The Agency would also stand de-empanelled. 9.2 The Bank may terminate the contract if it is found that the Private Security Agency is black listed on previous occasions by any of the Banks/Institutions/Local Bodies/Municipalities/Public Sector Undertakings, etc. but concealed the same while applying for empanelment. 10 DISPUTE RESOLUTION:- (a) Any dispute and/or differences arising out of or relating to this contract will be resolved through mutual discussion of the authorized officials. However, if the disputes are not resolved by mutual discussions, the matter will be referred for adjudication to a sole Arbitrator mutually agreed by both parties. (b) The award of the sole arbitrator shall be final and binding on all the parties. The arbitration proceeding s shall be governed by Indian Arbitration and Conciliation Act 1886 as amended from time to time. (c) The cost of Arbitration shall be borne by the respective parties in equal proportions. During the pendency of the arbitration proceeding and cur- (R)Page 10 of 15

11 rency of contract, neither party shall be entitled to suspend the work/service to which the dispute relates on account of the arbitration and payment to the Private Security Agency shall continue to be made in terms of the contract, but in no case after the expiry of period of contract. Arbitration proceedings will be held at Kolkata only. (R)Page 11 of 15

12 ANNEXURE-I SCOPE OF WORK The Private Security Agency shall provide the security services to the Bank/Residential complexes. The Private Security Agency shall ensure protection of the personnel & property of the Bank/Residential complexes, prevent trespass in the assigned area with/without arms, perform watch and ward functions including night patrol on the various points and to prevent the entry of stray dogs and cattle and anti-social elements, unauthorized persons and vehicle etc. into the campus of the Bank building. DUTIES AND RESPONSIBILITY OF SECURITY GUARDS/SUPERVISORS: 1. The Security Supervisor will be responsible for overall security arrangement of the site of the Bank covered in the contract. 2. Security Supervisor will ensure that all the instructions of the Bank are strictly followed and there is no lapse of any kind. 3. Wear the prescribed uniform smartly and carry necessary equipment viz. Baton, whistle, torchlight, battery and shall always wear the identity card and name badge while on duty. 4. The Security Guard on duty shall not leave the premises until his reliever reports for duty 5. Be fully conversant with the instructions about his duties and responsibilities, layout of the building, telephone numbers of Security Officer, Fire Brigade and the Police to enable him to inform these officials in case of an eventuality. Be vigilant and alert on duty and will not be under the influence of drugs/liquor etc. He shall not leave his post until relieved. 6. Be polite and courteous yet firm in his dealings with the public. He shall exercise restraint and avoid being provoked. The Security Supervisor/Guards shall give due respect to all and display maturity and decency in behaviour. 7. Ensure proper access control as per instructions on the subject to prevent unauthorized entry. No outsiders be allowed to enter in the bank s building/residential premises/property, without written permission/ pass. 8. Not to allow any visitor effecting ingress in the LHO/Bank premises/residential complexes with unauthorized weapon/firearms, explosives, etc. (R)Page 12 of 15

13 9. Keep a close watch inside and outside the premises and in case of any anticipated/existing risk, suspicion, he shall immediately take appropriate action as warranted and also report the matter to his superiors/security Department of the Bank. 10. Ensure that before/after office hours, all gates are closed. After office hours, he will allow entry only to the authorized persons after proper identification. 11. No items are allowed to be taken out from the Bank s premises/residential quarters/property without proper Gate Pass issued by the competent authority as laid down in the contract or authorized by the Bank for in-out movement of such items. The specimen signatures and telephone numbers of the above mentioned competent authority will be available with the Security Guards/Supervisors. 12. Deployment of Security Guards/Security Supervisors will be as per the instructions of the authorities of the Bank and the same will be reviewed by the concerned authorities from time to time. 13. Be thoroughly conversant with the security standing orders, fire fighting orders and other orders issued from time to time on matters covering security need of the Bank 14. Be thoroughly conversant with all available communication systems and be able to raise a general alert and inform the security supervisor in case of any eventuality. 15. The Security Supervisors/Guards will carry out patrolling of all the important and sensitive points of the premises as specified by the Bank. Guards/Supervisors shall perform the following duties during patrolling: a. Inspect the premises thoroughly. b. Prevent misuse of premises by any squatter, hawker or any unauthorized persons. c. Prevent misuse of premises for unsocial activities by public or Bank staff. d. Check the points and stretches not visible from the duty guard s post. e. Assist the point-duty guards. f. Deal with untoward incidents. g. Keep a close watch on bank buildings/residential quarters, against arson /accidental fire and take appropriate action as per the Bank s fire fighting instructions. h. Collect security information and convey the same to superior officers. (R)Page 13 of 15

14 i. Check the terrace and basement daily to avoid any security and safety breach/hazard. j. The Guards on patrolling duty should take care of all the water taps, valves, water hydrants, etc. installed in open all over the premises. 16. The Guards on duty will also take care of vehicles, scooters/motorcycles/bicycles parked in the parking sites located within the premises of the Bank/residential quarters. 17. Entry of the street-dogs and stray cattle into the premises is to be prevented. 18. The Security Guards/Supervisors should be trained to extinguish fire with the help of fire extinguishers and other fire fighting materials/equipments available on the spot/nearby places. They will also help the fire fighting staff in extinguishing the fire and any other natural calamities. 19. In emergent situations, Security Guards/Supervisors shall participate as per their role defined in the disaster recovery plan, if any, of the Bank. Guards/Supervisors should be sensitized for their role in such situations. 20. Daily check of watch and ward at offices will be carried out by the Company at their own cost, about the duty being performed by their personnel. The deputed site supervisors will endorse their comments in the Daily report register of the concerned site... (R)Page 14 of 15

15 Annexure II ADMINISTRATIVE OFFICES STATE BANK OF INDIA The Deputy General Manager (B&O) State Bank of India Zonal Office, Bidhannagar CIT Scheme-VII M Premises No 1/16, VIP Road Bidhannagar The Deputy General Manager (B&O) State Bank of India Administrative Office Suhatta Mall (1 ST FLOOR) City Centre, Durgapur Distt. Burdwan The Deputy General Manager (B&O) State Bank of India Zonal Office, Howrah Sribriddhi Bhawan,4 th Floor 34,Jawahar Lal Nehru Road Kolkata The Deputy General Manager (B&O) State Bank of India Zonal Office, Kolkata Jeevandeep Building 1, Middleton Street Kolkata The Deputy General Manager (B&O) State Bank of India Zonal Office, Siliguri Sky Star Building Sevoke Road Siliguri The Deputy General Manager (B&O) State Bank of India Zonal Office, South 24 Parganas Sribridddhi Bhawan,4 th Floor 34 Jwahar lal Nehru Road Kolkata (R)Page 15 of 15