Hydrogeological survey, environmental impact assessment and drilling supervision for one borehole via ReliefWeb

DI-MOODY-NAKURUTO WATER SUPPLY PROJECT IN TAITA TAVETA COUNTY **

REQUEST FOR PROPOSALS (RFP) (RE-TENDER)

Tender No: KRCS/PRF/07047/2020

CLOSING DATE: 5^TH AUGUST 2020 (AT 11.00AM E.A.T)

You can download the full tender document here: https://www.redcross.or.ke/Tenders

NAME OF THE ASSIGNMENT:

HYDROGEOLOGICAL SURVEY, ENVIRONMENTAL IMPACT ASSESSMENT AND DRILLING SUPERVISION FOR ONE BOREHOLE FOR DI-MOODY NAKURUTO WATER SUPPLY PROJECT IN TAITA TAVETA COUNTY

DATE OF ISSUE: JULY 2020

Please report any malpractices on tender process to [email protected].

*Note: Attached child protection policy must be signed and stamped for the bid to be accepted

**

TENDER NOTICE AND INVITATION TO TENDER (RE-TENDER)

TENDER NAME: HYDROGEOLOGICAL SURVEY, ENVIRONMENTAL IMPACT ASSESSMENT AND DRILLING SUPERVISION FOR ONE BOREHOLE FOR DI-MOODY NAKURUTO WATER SUPPLY IN TAITA TAVETA COUNTY

1. The Kenya Red Cross Society (KRCS) is a humanitarian relief organization created by an Act of Parliament, Cap 256 of the Laws of Kenya on 21^st December 1965. Its vision is to be the most effective, trusted and self-sustaining humanitarian organization in Kenya.

2. The Kenya Red Cross Society (KRCS) now invites proposals from Consultants to provide the following consulting services (hereinafter called “Services”): Hydrogeological survey, environmental impact assessment and drilling supervision for one borehole for di-moody Nakuruto water supply in Taita Taveta County.

3. Details on the Services are provided in the Terms of Reference of this RFP document.

4. This Request for Proposals (RFP) has been addressed to all eligible Consultants.

5. A firm will be selected under Quality Cost-Based selection (QCBS) procedures and in a Full Technical Proposal (FTP) format as described in this RFP, and in accordance with the requirements of KRCS Procurement procedures.

6. The request for proposals (RFP) includes the following documents:

a. Letter of invitation;

b. Information to Consultants;

c. Terms of Reference;

d. Financial proposal;

e. Standard Contract Form.

1. Proposals are to be prepared in accordance with the requirements of the RFP documents and must be submitted via email: [email protected] by Wednesday, 5^th August 2020, on or by 11.00 Am.**

Late bids will be rejected.

1. Consultants are required to submit Separate Technical and Financial proposal as per laid down guidelines in the RFP Documents.

2. Completed Proposals and supporting documents must be clearly named the Tender Name and Number in the Folder or File and Subject of Email.**

3. The Employer reserves the right to:

a) amend the scope and value of any contract to be Tendered;

b) reject any Tender and any late Tender; and

c) Cancel the Tender process and reject all Tenders.

The Employer shall not be liable for any such actions and shall not be under any obligation to inform the Tenderer(s) of the grounds therefore.

Procurement Manager

For Secretary General

Kenya Red Cross Society

TERMS OF REFERENCE

1. Introduction and back ground information.

1.1 Background

The Kenya Red Cross Society (KRCS) is a humanitarian relief organisation created by an Act of Parliament, Cap 256 of the Laws of Kenya on 21st December 1965. Its vision is to be the most sustainable, effective and trusted humanitarian organization serving present and future generations.

Di-Moody Nakuruto WASH project is a one year project supported with funding from the British Red Cross. Nakuruto WASH Project intends to increase access to clean and safe water and improved hygiene and sanitation at Nakuruto/Challa areas of Taita-Taveta County.

The project components entail Watsan hardware and software activities implementation and Water companies/water management committee’s capacity building. Among the Watsan hardware activities are drilling and equipping of a borehole and construction of tanks and pipeline network. The software activities entail hygiene promotion using the CLTS, sanitation marketing, and other methodologies as determined in the VCAs, training of project committees and operators on project management and operation and maintenance respectively.

In order to realise the project objectives, the KRCS seeks to conduct a Hydro-Geological Survey at the project site in Nakuruto which is approximately 110KM from Voi town. The project will be implemented through close coordination with other key partners in the project including the Sub-counties Water Offices, Public Health Offices and the targeted local community who are the beneficiaries.

1.2 Project Goal

Improved health as a result of increased access to safe and reliable water for domestic use and improved hygiene and sanitation among the target communities in Nakuruto of Taita Taveta County.

1.3 Objectives and Scope of the assignment

1.3.1 Objectives

The overall objective of the assignment is to conduct Hydrogeological survey for purpose of drilling one borehole, Environmental Impact Assessment (EIA) to Acquire NEMA License and WRA drilling permit and to supervise the drilling works for the proposed four borehole sites.

1.3.2 Scope of the assignment

The specific tasks to be executed by the Consultant will include the following:**

(a) Detailed hydrogeological survey using the most suitable equipment and methods to provide the most accurate results;

(b) To prepare and submit a detailed Hydrogeological Survey Report with clear description of formations, anticipated output of the borehole, proposed drilling methods based on detailed assesments;

(c) To carry out environmental impact assessments for the project;

(d) To identify potential Environmental Impacts of the proposed project; both positive and negative;

(e) To propose mitigation measures for the negative impacts;

(f) To come up with an environmental management plan for the project during drilling and after drilling;

(g) To prepare a detailed EIA report as per the provision of EMCA 1999;

(h) To submit the EIA report to NEMA in copies and forms as required by NEMA and as per the provision of EMCA 1999 and obtain a NEMA license;

(i) To apply for WRA Authorization Permit to drill by obtaining all the requisite documents and data and submitting the application to WRA;

(j) Obtaining WRA Authorization Permit and delivery to the Client;

(k) Support the client during drilling through supervision; and

(l) Submission of detailed borehole drilling and completion report.

2. Outputs of the Consultancy:

Upon the receipt and acceptance of the following outputs of the consultancy exercise, this contract will be deemed complete.

a) Detailed Hydrogeological Survey Report;

b) EIA Report and NEMA License acquired;

c) WRA authorization permit; and

d) Final detailed Borehole drilling report.

All of the above related documentation are expected to be presented in Two hard copies print outs and Two soft copies in CDs for archiving. The drawings should be in AutoCAD and PDF formats while the reports to be presented in Microsoft office applications and PDF as appropriate.

3. Role of KRCS and Taita Taveta County Government

KRCS will be the contract holder for these works and will undertake to facilitate payments for services provided under the scope of works as per the agreement entered into with the incumbent consulting firm.

The KRCS in collaboration with the Taita Taveta County will provide all relevant documents and be the link between the consulting firm and the project target communities and stakeholders. KRCS will also review all draft reports and comments on the recommendations before final documents are submitted.

The consulting firm will be responsible for conducting the research (desk review), Hydrogeological survey, condition survey, water sampling, testing to inform the project process as well as preparation of reports and outputs as stipulated in the scope of work and output.

4. Payment Terms:

a) 60% payment of the contract sum upon submission and acceptance of Hydrogeological Survey Report, Nema Licence and WRA permit / Authorization to drill;

b) 40% upon submission and acceptance of borehole drilling report.

5. Technical proposal

The bidder is expected to submit a technical proposal with their bid which shall include and not limited to:

1. A submission letter;

2. Particulars of the consulting firm including curriculum vitae of the proposed experts and personnel to be included in the execution of the assignment;

3. Registration documents showing the firm is a registered with NEMA, Ministry of Water as Hydro-geologist. Note – The client expects that all CVs (and related Registration Certificates) submitted to be of team members who will be physically involved in the execution of the assignment;

4. Comments and suggestion of the consulting firm on the terms of reference, personnel, facilities and other requirements expected for the work;

5. Description of the methodology and work plan for performing the assignment and time schedules;

6. Past experience on similar assignments ( submit LPO, Contracts, proof of payments, etc as proof of the same); and

7. Any proposed staff to assist in the assignment including the professional and academic certificates and CVs.

The consulting firm is expected to submit this as an attached document to the bidding documents. After the technical and financial evaluation the winning consultant shall be communicated to for negotiations and planning of the assignment.

6. Financial proposal.

The financial proposal shall be prepared and submitted by the consulting firms and shall contain the following.

1. A submission letter indicating the total fees;

2. Summary of costs;

a. Breakdown of consultancy professional fees – based on the man days/months of personnel being proposed to undertake this assignment to its fruition

b. Breakdown of any reimbursable costs or expenses that the consulting firm expects to incur during this assignment. Unit rates for each reimbursable as well as the projected total cost of the same, based on past experience of such works, should be detailed in totality to enable the client make a competitive choice of award

1. Any miscellaneous expenses that may be expected;

2. A final total contract sum MUST be submitted with a list of assumption made to obtain the figure – the bidder should carefully consider this as this figure will be used for cost comparison and award purposes.

7. Tender Submission, Analysis and Award.

Firms are required to follow submission accompanying this TOR. This advice details the addressee of the tender, the time and date of tender closure and Email to use.

Tenders should be complete with both Technical and Financial bids submitted. Both these documents need to be submitted via email provided before the time deadline as detailed in the invitation to bid.

On the set date for opening, bidders will be invited to attend the opening through available online platforms.

8. Tender evaluation

Technical scoring will be based on the documentation provided and will earn a weighted maximum of 60% of the marks while the financial will be weighted to 40% after the evaluation described below.

The evaluation will take into consideration the submitted technical documents displaying the technical competency of the firm, the real presentation delivered by each firm on their understanding on the scope of works and the price quoted for the works. Each bidder is encouraged to make visits to Ran to further deepen their understanding of the project in a bid to make their proposals more competitive.

Thereafter, financial bids for all firms who will have scored above 60% on their technical bids will be scrutinized and adjusted to allow for fair comparison between all the tenderers. A weighted average system will be used where the financially lowest technical competent bidder will be awarded 40% while the rest will be weighted such that the further they depart from the lowest bid, the lower the score obtained out of 40%.

All bidders who score less that 60% on the technical bids will not be considered for financial bid analysis.

Once weighting of both technical and financial scoring is completed, the highest scoring bidder will be concluded as the best candidate and a letter of offer will be made for these works. Should the best firm decline, the next best firm would then be offered the works – this process will be repeated till a firm accepts the works. All unsuccessful bidders will be informed with a letter of regret once a firm has been awarded these works.

Any submitted bid which does not comply with the instructions given will be disqualified.

Annex -1 provides the bid evaluation criteria.

9. Duration of the assignment

Item

Items Description

Number of Days

1

Hydrogeosurvey and EIA including obtaining NEMA License and WRA drilling permit

14 days from date of commencement

2

Drilling Supervision including submission of borehole completion report with Water Quality analysis.

10 Days from the commencement of drilling.

ANNEX – 1

Technical Proposal Evaluation Criteria

Table -1: Mandatory requirements (Registration & Legal requirements)

Requirements

Submitted / Not Submitted

Certificate of Incorporation including CR12

PIN Registration

Valid KRA Tax Compliance Certificate

Signed and Stamped KRCS Child Protection Policy

Proceed to next stage (Yes / No)

Absence of any of the mandatory documents will lead to bidder being disqualified from further evaluation.

Item

Requirements / Description

Max Points **

1

Specific experience of the Consultant related to the assignment

20

2

Adequacy of the proposed work plan and methodology in responding to the terms of reference including the proposed equipment

40

3

Qualifications and competence of the key staff for the assignment and in relevant field

40

Total Score

100

No.

Scoring parameter

Maximum Score

Conditions

1

Registration and legal documents

If no, automatic disqualification

2

Technical capacity of proposed staff

3

a) Hydrogeologist

15

Experience to constitute half the scores. If lesser experience then prorated score for half the score. And qualifications the other half. Lesser qualifications constitute no score – Methodology and understating of TOR will be judged by the written statements and oral presentation delivered.

b) EIA Lead Expert

15

c) Support Staff (Drilling Supervisor, EIA Assistant, Assistant Hydrogeologist,

10

4

Methodology and TOR understanding

40

5

Past work done

20

To asses and score

Total

100

ANNEX 2

Proposed financial proposal summary Format

Item No

Item description

Unit

Qty

Rate

Amount

1

Preparation (involves scope study, preparation of tools and any other preliminary requirements)

Days

2

Data analysis and report writing (will involve all processes of report writing and submission of reports to the Employer) For all reports (Hydrogeosurvey report, IEA Report and Borehole Completion Report)

Days

3

Transport costs (Hydrogeosurvey, EIA, and Drilling Supervision).

Km

4

Field accommodation of consulting firms’ team for all the planned days.

Days

5

Miscellaneous costs.

Sum

6

Reimbursable Costs (Payment to WRA and NEMA) for permits, authorization and Staff.

Sum

Total

Note: The consulting firm is to prepare a technical proposal of how they propose to undertake the assignment thereby determine the number of people involved and expected duration to be entered into the quantity column. Detailed breakdowns of each of the lines in this summary format should be prepared and submitted with this summary to show the build-up of costs.

II. GENERAL CONDITIONS OF CONTRACT

1. GENERAL PROVISIONS

1.1 Definitions Unless the context otherwise requires, the following terms

Whenever used in this Contract shall have the following meanings:

“Applicable Law” means the laws and any other instruments having the force of law in the Republic of Kenya as they may be issued and in force from time to time;

(a) “Contract” means the Contract signed by the Parties, to which these General Conditions of Contract (GC) are attached together with all the documents listed in Clause 1 of such signed Contract;

(b) “Contract Price” means the price to be paid for the performance of the Services in accordance with Clause 6 here below;

(c) “Foreign Currency” means any currency other than the Kenya Shilling;

(d) “GC” means these General Conditions of Contract;

(e) “Government” means the Government of the Republic of Kenya;

(f) “Local Currency” means the Kenya Shilling;

(g) “Member”, in case the Consultant consists of a joint venture of more than one entity, means any of these entities; “Members” means all these entities, and “Member in Charge” means the entity specified in the SC to act on their behalf in exercising all the Consultant’s rights and obligations towards the Client under this Contract;

(h) “Party” means the Client or the Consultant, as the case may be and “Parties” means both of them;

(i) “Personnel” means persons hired by the Consultant or by any Subconsultant as employees and assigned to the performance of the Services or any part thereof;

(j) “SC” means the Special Conditions of Contract by which the GC may be amended or supplemented;

(k) “Services” means the work to be performed by the Consultant pursuant to this Contract, as described in Appendix A; and

(l) “Sub consultant” means any entity to which the Consultant subcontracts any part of the Services in accordance with the provisions of Clauses 3 and 4.

1.2 Law Governing This Contract, its meaning and interpretation and the Contract relationship between the Parties shall be governed by the Laws of Kenya.

1.3 Language This Contract has been executed in English language which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract.

1.4 Notices Any notice, request, or consent made pursuant to this Contract shall be in writing and shall be deemed to have been made when delivered in person to an authorized representative of the Party to whom the communication is addressed or when sent by registered mail, telex, telegram or facsimile to such Party at the address specified in the SC.

1.5 Location The Services shall be performed at such locations as are specified in Appendix A and, where the location of a particular task is not so specified, at such locations, whether in the Republic of Kenya or elsewhere, as the Client may approve.

1.6 Authorized Any action required or permitted to be taken and any

Representatives document required or permitted to be executed under this Contract by the Client or the Consultant may be taken or executed by the officials specified in the SC.

1.7 Taxes and The Consultant, Sub consultant[s] and their personnel

Duties shall pay such taxes, duties, fees and other impositions as may be levied under the Laws of Kenya, the amount of which is deemed to have been included in the Contract Price.**

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF

CONTRACT

2.1 Effectiveness of This Contract shall come into effect on the date the

Contract Contract is signed by both Parties and such other later date as may be stated in the SC.

2.2 Commencement The Consultant shall begin carrying out the Services

of Services thirty (30) days after the date the Contract becomes effective or at such other date as may be specified in the SC.

2.3 Expiration of Unless terminated earlier pursuant to Clause 2.6, this

Contract Contract shall terminate at the end of such time period, after the Effective Date, as is specified in the SC.

2.4 Modification Modification of the terms and Conditions of this Contract, including any modification of the scope of the Services or the Contract Price, may only be made by written agreement between the Parties.

2.5 Force Majeure

2.5.1 Definition For the purposes of this Contract, “Force Majeure” means

an event which is beyond the reasonable control of a Party and which makes a Party’s performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances.

2.5.2 No Breach The failure of a Party to fulfil any of its obligations under

of Contract the Contract shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event.

2.5.3 Extension Any period within which a Party shall, pursuant to this

of Time Contract complete any action or task shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.

2.5.4 Payments During the period of his inability to perform the Services

as a result of an event of Force Majeure, the Consultant shall be entitled to continue to be paid under the terms of this Contract, as well as to be reimbursed for additional costs reasonably and necessarily incurred by him during such period for the purposes of the Services and in reactivating the Service after the end of such period.

2.5 Termination

2.6.1 By the The Client may terminate this Contract by not less than

Client thirty (30) days’ written notice of termination to the Consultant, to be given after the occurrence of any of the events specified in this Clause;

(a) if the Consultant does not remedy a failure in the performance of his obligations under the Contract within thirty (30) days after being notified or within any further period as the Client may have subsequently approved in writing;

(b) if the Consultant becomes insolvent or bankrupt;

(c) if, as a result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days; or

(d) if the Consultant, in the judgement of the Client, has engaged in corrupt or fraudulent practices in competing for or in executing the Contract.

For the purpose of this clause;

“corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the selection process or in Contract execution.

“fraudulent practice” means a misrepresentation of facts in order to influence a selection process or the execution of Contract to the detriment of the Client, and includes collusive practice among consultants (prior to or after submission of proposals) designed to establish prices at artificial non-competitive levels and to deprive the Client of the benefits of free and open competition.

(e) if the Client in his sole discretion decides to terminate this Contract.

2.6.2 By the The Consultant may terminate this Contract by not less

Consultant than thirty (30) days’ written notice to the Client, such notice to be given after the occurrence of any of the following events;

(a) if the Client fails to pay any monies due to the Consultant pursuant to this Contract and not subject to dispute pursuant to Clause 7 within sixty (60) days after receiving written notice from the Consultant that such payment is overdue; or

(b) if, as a result of Force Majeure, the Consultant is unable to perform a material portion of the Services for a period of not less than sixty (60) days.

2.6.3 Payment Upon termination of this Contract pursuant to Clauses

upon 2.6.1 or 2.6.2, the Client shall make the following

Termination payments to the Consultant:

(a) remuneration pursuant to Clause 6 for Services satisfactorily performed prior to the effective date of termination;

(b) except in the case of termination pursuant to paragraphs (a) and (b) of Clause 2.6.1, reimbursement of any reasonable costs incident to the prompt and orderly termination of the Contract, including the cost of the return travel of the Personnel and their eligible dependents.

3. OBLIGATIONS OF THE CONSULTANT

3.1 General The Consultant shall perform the Services and carry out his

obligations with all due diligence, efficiency and economy in accordance with generally accepted professional techniques and practices and shall observe sound management practices, and employ appropriate advanced technology and safe methods. The Consultant shall always act, in respect of any matter relating to this Contract or to the Services, as faithful adviser to the Client and shall at all times support and safeguard the Client’s legitimate interests in any dealing with Sub consultants or third parties.

3.2 Conflict of

Interests

3.2.1 Consultant (i) The remuneration of the Consultant pursuant to

Not to Clause 6 shall constitute the Consultant’s sole

Benefit from remuneration in connection with this Contract or for his own benefit Commissions, any trade commission, discount or similar payment in connection **

Discounts, with activities pursuant to this Contract or to the Services or in the

Etc. discharge of his obligations under the Contract and the Consultant

shall use his best efforts to ensure that his personnel, any sub

consultant[s] and agents of either of them similarly shall not receive

any such additional remuneration.

(ii) For a period of two years after the expiration of this Contract, the Consultant shall not engage and shall cause his personnel as well as his sub consultant[s] and his/their personnel not to engage in the activity of a purchaser (directly or indirectly) of the assets on which he advised the Client on this Contract nor shall he engage in the activity of an adviser (directly or indirectly) of potential purchasers of such assets.

(iii) Where the Consultant as part of the Services has the responsibility of advising the Client on the procurement of goods, works or services, the Consultant will comply with any applicable procurement guidelines and Policies of the Client and shall at all times exercise such responsibility in the best interest of the Client. Any discounts or commissions obtained by the Consultant in the exercise of such procurement shall be for the account of the Client.

3.2.2 Consultant The Consultant agrees that, during the term of this Contract and after its

and termination, the Consultant and his affiliates, as well as any Subconsultant

Affiliates and any of his affiliates, shall be disqualified from providing goods,

Not to be works or services (other than the Services and any continuation thereof)

Otherwise for any project resulting from or closely related to the Services.

Interested in

Project

3.2.3 Prohibition Neither the Consultant nor his subconsultant[s]

of nor their personnel shall engage, either directly or

Conflicting indirectly in any of the following activities:

Activities

(a) during the term of this Contract, any business or professional activities in the Kenya Red Cross Society which would conflict with the activities assigned to them under this Contract; or

(b) after the termination of this Contract, such other activities as may be specified in the SC.

3.3 Confidentiality The Consultant, his Subconsultant[s] and the personnel of either of them shall not, either during the term of this Contract or within five (5) years after the expiration of this Contract, disclose any proprietary or confidential information relating to the Project, the Services, this Contract or the Client’s business or operations without the prior written consent of the Client.

3.4 Insurance to be The Consultant (a) shall take out and maintain

Taken Out by and shall cause any Subconsultant[s] to take out

the Consultant and maintain, at his (or the Subconsultant’, as the case may be) own cost but on terms and conditions approved by the Client, insurance against the risks and for the coverage, as shall be specified in the SC; and (b) at the Client’s request, shall provide evidence to the Client showing that such insurance has been taken out and maintained and that the current premiums have been paid.

3.5 Consultant’s The Consultant shall obtain the Client’s prior

Actions approval in writing before taking any of the

Requiring Client’s following actions;

Prior Approval

(a) entering into a subcontract for the performance of any part of the Services,

(b) appointing such members of the personnel not listed by name in Appendix C (“Key Personnel and Sub consultants”).

3.6 Reporting The Consultants shall submit to the Client the reports and documents

Obligations specified in Appendix A in the form, in the numbers, and within the periods set forth in the said Appendix.

3.7 Documents All plans, drawings, specifications, designs, reports and other documents

prepared by and software submitted by the Consultant in accordance with Clause 3.6 shall

the Consultant become and remain the property of the Client and the Consultant shall, not later to Be the Property than upon of Contract termination or expiration of this, deliver all such

of the Client documents and software to the Client together with a detailed inventory thereof.

The Consultant may retain a copy of such documents and software. Neither Party shall use these documents for purposes unrelated to this Contract without the prior approval of the other Party.

4. CONSULTANT’S PERSONNEL

4.1 Description The titles, agreed job descriptions, minimum qualification and estimated

of Personnel periods of engagement in the carrying out of the Services of the Consultant’s Key Personnel are described in Appendix C. The Key Personnel and Sub consultants listed by title as well as by name in Appendix C are hereby approved by the Client.

4.2 Removal (a) Except as the Client may otherwise agree, no changes shall be made in the Key and/or Personnel. If for any reason beyond the reasonable control of the Consultant, it

Replacement becomes necessary to replace any of the Key Personnel, the Consultant shall

of Personnel provide as a replacement a person of equivalent or better qualifications.

(b) If the Client finds that any of the Personnel have (i) committed serious misconduct or have been charged with having committed a criminal action, or (ii) the Client has reasonable cause to be dissatisfied with the performance of any of the Personnel, then the Consultant shall, at the Client’s written request specifying the grounds thereof, provide as a replacement a person with qualifications and experience acceptable to the Client.

(c) The Consultant shall have no claim for additional costs arising out of or incidental to any removal and/or replacement of Personnel.

5. OBLIGATIONS OF THE CLIENT

5.1 Assistance and The Client shall use his best efforts to ensure that he provides the

Exemptions Consultant such assistance and exemptions as may be necessary for due performance of this Contract.

5.2 Change in the If after the date of this Contract, there is any change in the Laws of Kenya

Applicable Law with respect to taxes and duties which increases or decreases the cost of the Services rendered by the Consultant, then the remuneration and reimbursable expenses otherwise payable to the Consultant under this Contract shall be increased or decreased accordingly by agreement between the Parties and corresponding adjustments shall be made to the amounts referred to in Clause 6.2 (a) or (b), as the case may be.

5.3 Services and The Client shall make available to the Consultant the Services and Facilities Facilities listed under Appendix F.

6. PAYMENTS TO THE CONSULTANT

6.1 Lump-Sum The Consultant’s total remuneration shall not exceed the Contract

Remuneration Price and shall be a fixed lump-sum including all staff costs, Sub-consultants’ costs, printing, communications, travel, accommodation and the like and all other costs incurred by the Consultant in carrying out the Services described in Appendix A. Except as provided in Clause 5.2, the Contract Price may only be increased above the amounts stated in Clause 6.2 if the Parties have agreed to additional payments in accordance with Clause 2.4.

6.2 Contract Price (a) The price payable in foreign currency is set forth in the SC.

(b) The price payable in local currency is set forth in the SC.

6.3 Payment for For the purposes of determining the remuneration due for additional

Additional services as may be agreed under Services Clause 2.4, a breakdown of the lump-sum price is provided in Appendices D and E.

6.4 Terms and Payments will be made to the account of the Consultant and according

Conditions of to the payment schedule stated in the SC. Unless otherwise stated in the Payment Payment SC, the first payment shall be made against the provision by the Consultant of a

bank guarantee for the same amount and shall be valid for the period stated in the SC. Any other payment shall be made after the conditions listed in the SC for such payment have been met and the Consultant has submitted an invoice to the Client specifying the amount due.

6.5 Interest on Payment shall be made within thirty (30) days of receipt of invoice and the Delayed relevant documents specified in Clause 6.4. If the Client has delayed payments

Payment beyond thirty (30) days after the due date hereof, simple interest shall be paid to the Consultant for each day of delay at a rate three percentage points above the prevailing Central Bank of Kenya’s average rate for base lending.

5. SETTLEMENT OF DISPUTES

7.1 Amicable Settlement The Parties shall use their best efforts to settle amicably all disputes

arising out of or in connection with this Contract or its interpretation.

7.2 Dispute Settlement Any dispute between the Parties as to matters arising pursuant to this Contract that cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party’s request for such amicable settlement may be referred by either Party to the arbitration and final decision of a person to be agreed between the Parties. Failing agreement to concur in the appointment of an Arbitrator, the Arbitrator shall be appointed by the Chairman of the Chartered Institute of Arbitrators, Kenya Branch, on the request of the applying party.

KENYA RED CROSS SOCIETY (KRCS)

CHILD PROTECTION POLICY

CONTENT

1. Policy statement

2. Policy aims

3. Values, Principles and Beliefs that Guide the Policy

4. Forms of Child Abuse

5. Responsibilities on Child Protection

6. Good Practice guidelines

7. Reporting of Child Abuse

8. Discipline

9. Historical allegations of abuse

10. Code of Conduct

Overview

The Kenya Red Cross by virtue of being a member of the wider Kenyan Community is obliged to contribute to both the national and international efforts geared towards child protection and institutionalization of the concepts that have been advanced by various stakeholders.

Kenya Red Cross recognizes the seriousness of child abuse and its impact to the overall development of a child. Beyond the suffering that it imposes on the child and the immediate family members, the issue of child abuse and the inherent lack of functional structures to absorb the impact leave children vulnerable. This in return translates to socio-economic impact on the country due to poor development of human capital, declining productivity, school drop outs, child labour, marked increase in street urchins and increase in child mortality among others.

Considering the significant contribution by Kenya Red Cross in identification, registration, tracing and re-unification of unaccompanied minors, there is need to develop the capacity of the Society to rise to the occasion and ensure a holistic approach to child protection in collaboration with other stakeholders.

In light of the above, the KRCS has acknowledged the need for a policy to ensure consistent and equitable approach to child protection.

Policy Statement

Kenya Red Cross has a professional duty to take such steps that, in the circumstances of a humanitarian institution, are reasonable to see that the child is safe from harm while. All children have a right to protection, and the needs of disabled children and others who may be particularly vulnerable must be taken into account. Kenya Red Cross will ensure the safety and protection of all children involved in its activities through adherence to the Child Protection guidelines it has adopted.

Policy aims

The aim of the Child Protection Policy is to promote good practice by:

1. Providing children and young people with appropriate safety and protection whilst in the care of or in contact with Kenya Red Cross staff and volunteers.

2. Allow all staff/volunteers to make informed and confident responses to specific child protection issues.

Values, Principles and Beliefs that Guide the Policy

· Within the context of this Policy a Child is a child as defined in the Children Act No 8 of 2001 of the Laws of Kenya.

· The “best interests of the child” as defined in the Children Act are primary.

· All children, girls and boys, of all abilities and backgrounds have equal rights to safety in all settings and locations.

· Violence and abuse against children are never acceptable, in any form, location or setting.

· Violence against children has damaging and often long-lasting repercussions for children, their families and their communities.

· Children are vulnerable to violence and abuse due to their size, age, physical and psychological maturity, dependence and lack of power. While all children may be vulnerable, in some settings, some children may have a heightened risk of abuse and violence.

· Children have a right to parental care and to appropriate custody, care and control when parents for any reason are not the legally authorized care givers.

· Tracing and the restoration of family links for children is vital in situations of war, conflict and displacement.

· The Fundamental Principles of the Red Cross and Red Crescent Movement forms the cornerstone of this policy. These are:

1. Humanity

KRCS through its child protection policy seeks to protect life and health of vulnerable children to ensure respect for the human being. In addition, the policy seeks to promote mutual understanding, friendship, co-operation and lasting peace among all Kenyans.

2. Impartiality

In its interaction with children, KRCS will make not discrimination on basis gender, religion, ethnic background HIV/AIDS status and any other basis. The Society shall endeavour to relieve the suffering of individuals, being guided solely by their needs and giving priority to the most deserving cases.

3. Neutrality

The Society shall endeavor to reach to all vulnerable children without taking sides in hostilities or engaging at any time in controversies of a political, racial, religious or ideological nature.

4. Independence

KRCS while auxiliary to the Kenya Government and subject to the Kenyan laws shall always maintain autonomy so as to be able at all times to act in accordance with the principles of the Movement in regards to child protection.

5. Voluntary Service

KRCS shall not be prompted in any manner by desire for gain in the execution of its child protection policy.

6. Unity

KRCS will endeavor to implement the child protection policy in all its regions, branches as part of its humanitarian work. The services will be open for all deserving cases. All branches/regions will have equal status and share responsibilities and duties in enhancing the mechanisms for implementation of the child protection policy.

7. Universality

Besides upholding the KRCS principles and values, the policy implementation will be guided by the various national and international statuses on human rights, child protection, confidentiality and compassion for the vulnerable in the society including the children’s Act and the African Charter on the Rights of the Child among others.

Forms of Child Abuse

a) Child sexual abuse, which occurs when a child is used by an older or more powerful child or adult for sexual stimulation or gratification. It can involve contact or non-contact, and includes the development of sexual relationships with children not condoned under international and local law, or using language, gestures or other behaviours that are sexual in nature with children;

b) Child exploitation, which includes:

i) the actual or attempted abuse of a position of authority, differential power or trust in relation to a child, with a view to profiting sexually, monetarily, socially or politically from the use of the child;

ii) intentionally viewing, downloading or distributing any sexualized, demeaning or violent images involving children; or

iii) taking a photograph or other image of a child or making representations of a child in a way that can reasonably be interpreted as sexualized, demeaning or violent;

iv) economic exploitation and performing any work that is likely to be hazardous or to interfere with the child’s physical, mental, spiritual, moral, or social development.

c) Physical abuse of a child, which occurs when a person physically hurts or threatens to hurt a child, or by any means deliberately create a significant risk of physical hurt to a child;

d) Emotional abuse of a child, which occurs when a person repeatedly or severely attacks a child’s self-esteem through use of language, gestures or other behaviour that is degrading, isolating, humiliating, terrorizing, rejecting or corrupting, or that ignores a child’s need for basic emotional care, or where a person by any means deliberately creates a significant risk of emotional harm to a child;

e) Child neglect, which is inattention to the basic necessities of life such as shelter, education, medical care, supervision, safe environments and clothing, and includes acts or omissions that deny a child basic necessities that are the responsibility and within the capacity of the Red Cross to provide in any given situation.

Responsibilities on Child Protection

As a mutually shared responsibility, all Kenya Red Cross staff, volunteers and other partners, contractors and sub-contractors acknowledge to meet their responsibility towards child protection.

The management of Kenya Red Cross has a duty to allocate adequate resources and ensure that systems are functional to conceive set up, promote and implement child protection unit/system.

Active participation is encouraged in building and maintaining an environment that is safe for children. Reporting of violation is a mandatory responsibility of any KRCS staff, volunteer and any other person covered by this policy.

(a) The Governance

• Mainstream child protection into the existing governance structures

• Facilitate representation in the standing committees

• Ensure that child protection issues are sufficiently reflected in the overall management plans

• Enhance visibility and disseminate the policy among other stakeholders, partners and contractors.

(b) Management

• Ensure that adequate support/resources are committed to implementation of child protection activities and devise means of fundraising, develop performance management targets for the programme among others

• Ensure that CP is included and/or integrated into the existing policies including identifying high risk activities and measures to reduce or remove the risk to children

• Ensure that staff understand the CP policy, have access to IEC materials and understand their responsibilities to child protection.

• Ensure that adequate information on alleged cases of abuse or on protection concerns is channeled to the respective line managers or their subordinates at the Regional/Branch level

• Ensure that the Policy is reviewed, monitored and evaluated periodically in accordance with the management practices at least every five years or earlier if warranted.

(c) Child Protection Functions

• Conceive, set up and implement KRCS Policy to protect children within and without emergencies

• Raise awareness on the conceived process among KRCS stakeholders, partners, contractors and sub-contractors and significant others

• Contribute toward building and maintaining a child safe environment within KRCS environment.

• Offer guidance and counsel to KRCS partners and stakeholders, contractors and sub-contractors on child protection issues where appropriate

• Facilitate the management of cases or alleged abuse or suspected protection concerns and availability of in-house capacity to manage CP issues

• Establish partnerships and networks with other relevant national and international stakeholders

• Ensure that M & E tools are in place

(d) Human Resources

• Ensure that structures are in place – recruit, induct, supervise and appraise the performance of the HR component with a Child Protection focus, including behavioral event interviewing, verbal referee checks, as well as disclosure of any exploitation offences. In some instances, a Certificate of Good Conduct will be required.

• Ensure that Child Protection is integrated into HR Policy and Procedure Guidelines for consultants, staff, and volunteers (short term and long term)

• Ensure that staff in the Regions/Counties/Branches are aware of their responsibilities through regular training

• Handle discipline issues among staff and volunteers as a consequence of non-adherence to the policy or otherwise

(e) Regional/County offices

• Facilitate Regional/County implementation of Child Protection and assist in the identification of focal persons;

• Organize for capacity building for staff and volunteers through Regional/County workshops; and

• Disseminate the Child Protection Policy.

(f) Supply Chain

• Ensure contracts for services include reference to adherence to Child Protection Policy.

Best Practice guidelines

Kenya Red Cross Staff, Volunteers, Contractors and sub-Contractors (KRCS personnel) shall in the course of their official duties have the following general obligations:

1. KRCS personnel will always act in the best interest of the child. Acting in the best interest of the child means doing what is best for the Child. In this respect KRCS personnel undertake to consider the interest of the child in planning and executing of all duties and responsibilities.

2. KRCS personnel will not discriminate on a child on any basis and in particular but not limited to on the basis of race, gender, colour, religion and ethnicity. KRCS personnel will further ensure that all children, girls and boys, of all abilities and backgrounds have equal rights to safety in all settings and locations.

3. That whenever KRCS personnel obtain as much information as possible on abuse of children, the same will as soon as possible be reported to a superior or higher authorities. However, KRCS personnel undertake allegations of child abuse are highly sensitive and they risk irreparable damage to both alleged victim and the alleged offender. In this respect KRCS personnel shall handle it with utmost confidentiality.

4. KRCS personnel undertake to uphold and promote child protection through example. In this respect, staff and volunteers will not behave in any manner that is considered inappropriate in the presence of children. Specifically, KRCS personnel will in the presence of children not dress inappropriately or speak in a vulgar and foul language.

5. Violence and abuse against children are never acceptable, in any form, location or setting. In this respect, KRCS personnel will not engage in or contribute in any way to child abuse as defined in this policy. This includes the obligation of not attempting to exercise physical discipline upon a child.

6. In the course of their duties, if any KRCS personnel discover an inappropriate attraction or attention being shown by a minor, he or she shall maintain clear professional boundaries with the minor and report or refer the minor to another adult.

7. KRCS personnel undertake to avoid touching a child in any manner that could be considered sexual or in some other way inappropriate.

8. KRCS staff and volunteers are not allowed to have sexual relations with children under the age of eighteen years.

9. KRCS personnel will take all reasonable measures to avoid, in the course of their duties to spend time alone with a child in isolation, away from the observation of others, unless specifically authorized by an immediate superior or in circumstances where the safety of the child is at risk and immediate contact is demonstrated to be in the best interests of the child.

10. That any publication or presentation, electronically or otherwise, of a child’s personal information, images or location, or exchanging such information through an electronic social networking facility, will only be done where it reasonably supports the needs of the organization and should always be done in a way that does not pose a risk to the safety of the child.

11. Notwithstanding the above, the behaviours of all personnel in their interaction will be guided by provisions of both National and International Law governing rights of the Child.

12. This CP should be read together with the Children Act No. 8 of 2001, Article 53 of the Constitution (Rights of Children), the African Charter on the Rights and Welfare of the Child and the UN Convention on the Rights of the Child.

Reporting of Child Abuse

Any suspicion that a child has been abused by a member of staff, volunteer, partner, contractor or sub-contractor should be reported to the Line Manager.

The Line Manager will take such steps as considered necessary to ensure the safety of the child in question and any other child who may be at risk.

The parents or caregivers of the child will be contacted as soon as possible for advice and information.

The Line Manager will make an immediate decision about whether any individual accused of abuse should be temporarily suspended, disengaged or what other action should be taken pending further police and social services inquiries

Irrespective of the findings of the social services or police inquiry, a Disciplinary Committee will be established by the Secretary General and will assess all individual cases to decide whether a member of staff or volunteer can be reinstated and how this can be sensitively handled.

The Disciplinary Committee must reach a decision based upon the available information, which could suggest that on a balance of probability; that is it is more likely than not that the allegation is true or not true.

The welfare of the child should remain of paramount importance throughout.

If the Line Manager is the subject of the suspicion/allegation, the report must be made to the appropriate Manager or in his/her absence to the Secretary General. The manager or the Secretary General will act in the appropriate manner and procedure outlined above.

Every effort should be made to ensure that confidentiality is maintained for all concerned. Information should be handled and disseminated on a need to know basis only.

Discipline

KRCS personnel who do not fulfill their responsibilities as established by this policy are subject to disciplinary measures, up to and including termination of their employment, volunteer or contractual status with KRCS. As well, they may be subject to criminal proceedings, depending on the circumstances of the incident.

Historical allegations of abuse

Concerns about past incidents of child abuse by KRCS personnel prior to the development of this Policy may be reported. The Organization will take reasonable action to respond in accordance with this Policy, having regard to the circumstances surrounding the allegation, the time frame, and available access to credible information.

Child Protection Code of Conduct

I, __, acknowledge that I have read and understand the Child Protection Policy and agree that in the course of my association with KRCS, I must:

• treat children with respect regardless of race, colour, gender, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status

• not use language or behaviour towards children that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate

• not engage children under the age of 18 in any form of sexual intercourse or sexual activity, including paying for sexual services or acts

• wherever possible, ensure that another adult is present when working in the proximity of children

• not invite unaccompanied children into my home, unless they are at immediate risk of injury or in physical danger

• not sleep close to unsupervised children unless absolutely necessary, in which case I must obtain my supervisor’s permission, and ensure that another adult is present if possible

• use any computers, mobile phones, video cameras, cameras or social media appropriately, and never to exploit or harass children or access child exploitation material through any medium

• not use physical punishment on children

• not hire children for domestic or other labour which is inappropriate given their age or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury

• comply with all relevant Kenyan and international legislation, including labour laws in relation to child labour

• immediately report concerns or allegations of child exploitation and abuse and policy non-compliance in accordance with appropriate procedures

• immediately disclose all charges, convictions and other outcomes of an offence, which occurred before or occurs during my association with KRCS that relate to child exploitation and abuse.

• State that my name is not listed on any register of the sex offenders list in any court.

• I do not have any criminal matters pending in court, police or other institution.

• I have never been prohibited/suspended from interacting with children.

When photographing or filming a child or using children’s images for work-related purposes, I must:

• assess and endeavour to comply with local traditions or restrictions for reproducing personal images before photographing or filming a child

• Obtain informed consent from the child and parent or guardian of the child before photographing or filming a child. As part of this I must explain how the photograph or film will be used

• Ensure photographs, films, videos and DVDs present children in a dignified and respectful manner and not in a vulnerable or submissive manner. Children should be adequately clothed and not in poses that could be seen as sexually suggestive

• ensure images are honest representations of the context and the facts

• Ensure file labels, meta data or text descriptions do not reveal identifying information about a child when sending images electronically or publishing images in any form.

• I understand that the onus is on me, as a person associated with KRCS, to use common sense and avoid actions or behaviours that could be construed as child exploitation and abuse.

Signed: _ Date: _

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