Kitui County Assembly Insurance Cover Tenders » Tenderspot Kenya
The bodaboda riders together with the county government is set to sign an agree Oct have been postponed to a later date that shall be communicated. in NOTICE INVITING TENDER DATE: 29th November Tender Notice No: ( Filled tenders should be dropped in tender box located at New vendor complex. SUPPLY AND DELIVERY OF GENERAL OFFICE STATIONERY. KITUI COUNTY ASSEMBLY. Tender Ref No, Negotiation No. Publication Date, Mon.
They further contend that Fenxi lacks the technical capacity to carry out coal mining activities. While conceding that several delegations visited China to see the operations of Fenxi, they contend that delegations that visited China did not visit any coal mine managed by the Fenxi but visited only corporate offices.
In light of this, they argue, the tender awarded to Fenxi was invalid. Further, Petition of makes the case that the denizens of Mui Basin, and indeed, all Kenyans had no knowledge of the state of affairs pertaining to the concession and in particular; the Benefit Sharing Agreement, and the process for negotiating it, the investment agreement, coal special explorationlicense and special mining lease. They argued that this was in contravention of Article 35 1 and 3 of the Constitution of Kenya.
Arguably, Article 10 2 a which includes public participation as one of the Constitutional values is implicated here. Finally, Petition of makes the case that coal mining posed a serious threat to the health of the people in the local community.
They cited statistics from the World Health Organization and environmental groups that estimated the coal mining pollution shortens approximately 1, lives annually worldwide.
The Petition was brought under Article 22 of the Constitution. The Petitioners are 13 persons together with the liaison committee set up to liaise on behalf of the community. They state that they derive their mandate from the community itself and provided annextures to evidence the same Supporting Affidavit of Dr.
The liaison committee was gazetted on 24th August by the then Minister for Energy. They aver that their right to access information as enshrined under Article 35 was violated by the Respondents in the way the concessioning was conducted. They stated that the specific information they asked for is evidenced by the demand letters in pages 11 and 83 of Dr. It was their submission that under Article 1 of the Constitution and that following the ruling in Petition of Nairobi Law Monthly Limited Vs Kenya Electricity Generating Company eKLRthe values and principles of public service, a state organ once demanded for information, it is upon them to show reasons why it would not provide the information requested for.
In this case, they argued, the Respondents had not demonstrated a valid reason for not releasing the information requested. The primary contention of the Petitioners in Petition 34 of is that any coal mining agreement ought to be approved by Parliament before its execution. In this, they rely on Article 71 of the Constitution. That article stipulates that: The Petitioners in Petition 34 of submitted that although Parliament has not yet made legislation to give effect to Article 71, that failure should not be visited on the people of Mui Basin.
That the Respondents should have prompted Parliament to act; and that, in any event, there was no reason why the Respondents could not refer the matter to Parliament for ratification.Full sendangsono.info county youth demonstrate against governor Ngilu's administration
This failure, in the view of the Petitioners in Petition 34 ofwas critical and cannot be sanitized or inoculated at this late stage: In the same vein, the Petitioners in Petition 34 of argued that the County Government of Kitui has a right to be involved in the negotiation of the terms and conditions of the coal mining agreement.
It was their submission that through article 62 3 of the Constitution the National government shall hold all the minerals in trust for the people of Kenya. In this particular case, they argued, the people of Mui Basin have the greatest interests in the Coal deposits.
That the county government of Kitui is the legal personification of the local community and should have a say in any mining contract.
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This is to ensure that the constitutional provisions of Article 69 1 are realized. That latter section, in pertinent parts, obligates the state to ensure the equitable sharing of the accruing benefits from exploitation of the environment and natural resources. They further submitted that under the Fourth Schedule of the Constitution the functions and powers of the county government includes, control of air pollution, noise pollution, county planning and development; implementation of specific national government policies on natural resources and environmental conservation including soil and water conservation.
Since coal mining is likely to affect these functions, it was imperative that the County government was involved and fatal that it was not in the concessioning of Fenxi. On public participation, the Petitioners in Petition 34 of submitted that Articles 10, 69 1 dc and of the Constitution provided for active citizenry in the running of the county affairs and all matters affecting the public interest.
The Petitioners argued that the involvement of the local people in this case did not rise anywhere near the level envisaged in the Constitution. In particular, it was dispositive, they argued, that the local people — including the County government and the Liaison Committee — was not involved when it came to the negotiations for the Benefits Sharing Agreement and other aspects of coal mining.
Lack of public participation in this way, they argued, nullified the concessioning agreement. Finally, the Petitioners in Petition 34 of adopted the position that the Environmental Impact Assessment needed to have been taken before the concessioning in accordance with the Constitution at Article 69 and section 58 of the Environmental Management Coordination Act EMCA.
They urge the Court to hold that the fact that no Environmental Impact Assessment was done renders the whole transaction illegal and the court should declare it as such. The Petitioners in Petition 12 of raise five main issues all of which simply emphasize those raised by the two previously discussed Petitions. In the interest of doing justice to the, at times different phraseology, hue and legal basis of those arguments, we will briefly rehash them here.
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First, the Petitioners in Petition 12 of argue that the Court should take note of the internationally recognized environmental effects of coal mining in general, and those likely to happen in the Mui Basin because of the type of coal found there, and the methods likely to be used to mine it.
They argue that it is incontrovertible that coal mining is a pollutant necessitating very careful and robust environmental regulation and management. They relied on three scientific pieces to make this argument: The Environmental Impacts from Coal. Everything related to mining, combustion, waste disposal, and each activity in between adversely affects public health and the environment. Philip Lloyd, Coal Mining and the Environment.
It concludes, however, that it is the legislative environment that has contributed to ensuring a generally good environmental performance from the South African Coal mining industry. The supplier should be able to deliver the items to all facilities in the Lot s they have quoted for. The supplier should include delivery schedule with lead times.
On arrival the supplies should be free from damage. The supplier shall be liable for all losses due to insufficient of unsuitable packing and delivery arrangements, and shall be liable for the cost of returning any unacceptable supplies.
The supplies must be free from objectionable matter and any substances that would represent a hazard to health. Bids lacking any of the documents below will be considered as non-responsive and therefore will be eliminated at this stage. Particulars Marks Compliant 1. Copy of valid Tax Compliant certificate 1 or 0 3. Copy of PIN Certificate 1 or 0 4.
Valid and current business Trading License 1 or 0 5. Must fill relevant sections of business questionnaire 1 or 0 6. Must submit certified bank statements for the most recent 12 months from November October 1 or 0 7. Must submit certified copies of the most recent 2 years audited financial statements From and above 1 or 0 8. All the above documents numbered 1 to 10 should be packaged and arranged in that order under the preliminary evaluation criteria section of the tender document.
Particulars Max Score 1. Should have surge protectors. Eligible tenders are those who can provide all the necessary information as per the requirements in this document b Closing date will be on 28 th May at A. M As b above As b above This paragraph does not apply to this tender The price for tender documents shall be Kshs.
Any similar documents brought after the opening will obviously be rejected Reading of prices will be done if it is practical to do so In addition to what is under the tenderer will be required to fill in all the necessary forms attached Performance security does not apply in this tender. Definitions In this Contract, the following terms shall be interpreted as indicated: The Contract Price means the price payable to the tenderer under the Contract for the full and proper performance of its contractual obligations The Services means services to be provided by the tenderer including any documents, which the tenderer is required to provide to the KMTC under the Contract.
The KMTC means the organization procuring the services under this Contract The Service Provider means the organization or firm providing the services under this Contract. Application These General Conditions shall apply to the extent that they are not superceded by provisions of other part of the contract 3. Payment The method and conditions of payment to be made to the contractor under this Contract shall be specified in SCC Payment shall be made promptly by the KMTC, but in no case later than sixty 60 days after submission of an invoice or claim by the Service Provider 3.
Prices Prices charges by the contractor for Services performed under the Contract shall not, with the exception of any price adjustments authorized in SCC vary from the prices quoted by the tenderer in its tender or in the KMTC s request for tender validity extension the case may be. If the Service Provider fails to perform any other obligation s under the Contract If the Contract in the judgment of the KMTC has engaged in corrupt or fraudulent practices in competing for or in executing the contract 20 21 In the event the KMTC terminates the contract in whole or in part, it may procure, upon such terms and in such manner as it deems appropriate, services similar to those un-delivered, and the Service Provider shall be liable to the Procuring entity for any excess costs for such similar services.
However the contractor shall continue performance of the contract to extent not terminated Termination for Insolvency The KMTC may at any time terminate the contract by giving written notice to the Service Provider if the firm becomes bankrupt or otherwise insolvent.
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In this event, termination will be without compensation to the Service Provider, provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the KMTC Termination for Convenience The KMTC by written notice sent to the Service Provider, may terminate the contract in whole or in part, at any time for its convenience. The notice of termination shall specify that the termination is for the KMTC s convenience, the extent to which performance of the Service Provider of the contract is terminated and the date on which such termination becomes effective For the remaining part of the contract after termination the KMTC may elect to cancel the services and pay to the Service Provider an agreed amount for partially completed services Resolution of Disputes The KMTC and the Service Provider shall make every effort to resolve amicably by direct informal negotiations and disagreement or disputes arising between them under or in connection with the contract If after thirty 30 days from the commencement of such informal negotiations both parties have been unable to resolve amicably a contract dispute either party may require that the dispute be referred for resolution to the formal mechanisms specified in the SCC Governing Language The contract shall be written in the English language.
All correspondence and other documents pertaining to the contract, which are exchanged by the parties, shall be written in the same language. Applicable Law The contract shall be interpreted in accordance with the laws of Kenya unless otherwise expressly specified in the SCC Force Majeure The Service Provider shall not be liable for forfeiture of its performance security, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure Notices Any notices given by one party to the other pursuant to this contract shall be sent to the other party by post or by Fax or and confirmed in writing to the other party s address specified in the SCC A notice shall be effective when delivered or on the notices effective date, whichever is later.
The scope of services will include: Remitting to the Underwriters all premiums paid to you by the College in accordance with the provision and requirements of the Insurance Act, Cap and give the College written confirmation on the same within seven 7 days of performance. When requested, you should furnish the College with explicit authority from the Underwriter to collect the premium on their behalf; Analyze, review, scrutinize the policy document and any endorsements there-in, and if the entire policy document is found to be satisfactory, such document to be deposited with the Legal Officer not later than fifteen 15 days of inception of cover; Ensure proper claims administration by fully coordinating prudent requirements between the college and the selected Underwriter; Ensure all documented claims are settled within twenty one 21 days; Ensure preparation of monthly claims reports which must be submitted to the College by the 15 th of the following month; Arrange quarterly meetings to be held to review performance of the policy by 15 th of the following quarter; 24 25 viii ix x Ensure that the sums insured under the policy will be adjustable accordingly by suitable means at the discretion of College from time to time.
Negotiate with the qualified underwriter any other pertinent aspects of the policy that may arise during the term of the policy; Such other services as may be related or ancillary to the due performance of the above works. The schedule of Requirements shall be included in the tender documents by the KMTC and shall cover, at the minimum, a description of the insurance cover to be provided and full particulars of the same.
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The objectives of the schedule of requirements is to provide sufficient information to enable tenderers to prepare their tenders comprehensively, efficiently and accurately.
In particular the price schedule for which a form is provided in Section VI must be carefully completed. Insurers Tender Signed by Board Members please quote per person