MZUZU CITY COUNCIL

TERMS OF REFERENCE (TOR)

FOR OUTSOURCING MANAGEMENT OF PUBLIC TOILETS

Mzuzu City Council

P. O. Box 1
Mzuzu.

October, 2023.
Contents
1. BACKGROUND................................................................................................................3
2. MANDATE AND ROLE OF MZUZU CITY COUNCIL................................................3
3. GUIDING PRINCIPLES OF THE TORS.........................................................................4
4. HEALTH, SAFETY AND ENVIRONMENT...................................................................4
5. LEGISLATIVE FRAMEWORK.......................................................................................5
6. GENERAL SCOPE OF THE ASSIGNMENT..................................................................5
A. OBJECTIVES OF THE SERVICES AND THE CONTRACTUAL
ARRANGEMENTS...............................................................................................................5
B. GENERAL PROVISIONS OF SERVICES CONTRACT.........................................5
7. SPECIFICATION OF THE SERVICE SCOPING............................................................6
PUBLIC TOILET DESCRIPTION AND COVERAGE.......................................................6
A. MANAGEMENT SERVICES AT THE PUBLIC TOILETS.................................6
8. STAFF DEPLOYMENT AND SUPERVISORS OBLIGATIONS........................7
9. AGENTS/CONTRACTORS OBLIGATIONS..................................................................7
10. EXPECTED OUTPUTS/DELIVERABLES..................................................................8
11. DURATION OF THE CONTRACT..............................................................................8
12. QUALIFICATION OF THE OPERATOR.....................................................................8
13. APPLICATIONS............................................................................................................9
1. BACKGROUND

Mzuzu City is the largest urban center in the Northern Region of Malawi and the fast growing
and third largest City of the country after Lilongwe and Blantyre. The City has been ex-
tended to its current size of 143.81 sq.km based on the Revised Urban Structure Plan of 1995
and the boundaries for the Planning Area was Gazetted in 2010.
The City is located at the road junction of M1 from south and M5 from major lake port of
Nkhata Bay on 11.27 S and 34.01 E. Mzuzu is found on the Northern end of the Viphya
Plateau on the edge of the Rift Valley escarpment at the altitude between 1,200m and 1,370m
above sea level. Mzuzu has a population of 221, 575 people (NSO population and housing
census report, 2018)

As mandated by Malawi Local Government Act (1996/2010) and Decentralisation Policy

(1998), Mzuzu City Council (MCC) is mandated to provide quality municipal services to
the residents and general population. Under this mandate, MCC is committed to creating
an environment, which is conducive for protection and promotion of public health and
social welfare. This could be offered directly by MCC or indirectly through other players
or private entities.

In pursuit of its mandate, the council owns and runs a number of public toilets and other
public premises and business ventures within its jurisdiction. It, thus has the obligation to
maintaining these places clean and habitable at all times for improved health and
environment. Table 1 below provides a list of public toilets within the jurisdiction of Mzuzu
City Council which shall constitute part of the contract hereinafter.

The Council seeks to outsource the management of public toilets to a private individual or
corporate body to provide these basic services on her behalf as enshrined in the Malawi Local
Government Act, Decentralisation Policy and Public Private Partnership Framework (PPPF).
Thenceforth, these terms of reference are set aside to guide the service delivery contractual
arrangements between the Council and Private agent.

2. MANDATE AND ROLE OF MZUZU CITY COUNCIL

Mzuzu City Council is mandated by the Local Government Act of 1998 and the
Decentralisation Policy to:
 To provide sustainable high quality services to the residents of the city through the
formulation and implementation of policies that consolidate and promote local
democratic participation with the aim of making the residents develop socially,
economically and politically.
  To create an environment, which is conducive for protection and promotion of public
health and social welfare

This is achieved among other through:

 Provision of clean and safe environment to the populace of Mzuzu City by the way of
cleaning public places, and proper waste management (Solid/liquid waste collection,
sorting, transportation, management and/or disposal) services.
 Formulation of policies and by-laws governing the same.

Pursuant of these mandates, Mzuzu City Council seeks the services of private agents/firms to
provide routine management and cleansing services in designated public toilets herein
indicated through a direct service delivery as a public private partnership arrangement.

3. GUIDING PRINCIPLES OF THE TORS

These TORs shall generally be governed by among others the following principles:
a. Zero pollution of ground and surface water bodies
b. Equity, Effective and efficient waste management
c. Public Private Partnership (PPP) in service delivery.
d. Innovation and Sustainability
e. Health and safety including fire prevention.

4. HEALTH, SAFETY AND ENVIRONMENT

Pursuant to Occupational Safety, Health and Welfare; and Environmental Management Acts:
A. Every person working on cleaning and waste management shall receive appropriate
training on hygiene, health, safety and standard operating procedures provided by an
approved institution. This should cover the principles of transmission and prevention
of general sanitation related diseases, Fire drills, waste management principles.
B. Personal Protective Equipment (PPEs) shall be provided to workers at all times. A
minimum of two sets of working PPEs shall have to be provided for each worker, which
should be dedicated to be used only during the services. The PPE worn during working
hours should be removed before the workers return home.
C. Provide an appropriate change room facility within the office or any other arrangements
to allow for workers change from Uniform to clean clothes before knocking off. Workers
shall take a bath before putting on their home clothes.
D. PPE shall include, but not limited to;
i. Overalls/Work suits
ii. Heavy duty PVC gloves
iii. Mouth Masks
iv. Gumboots
 v. Any other approved by the Council.

5. LEGISLATIVE FRAMEWORK

Notwithstanding the provisions of these terms of reference (TORs) all operators shall comply
with relevant legal and policy frameworks on sanitation including Environmental
Management Act, Sanitation and Hygiene Promotion Act, Waste Management and Sanitation
Regulations (2008), Public Health Act, National Sanitation Policy (2008), Mzuzu City
Council Sanitary Arrangements By-Laws (2018), Mzuzu City Council General cleanliness
(Rubbish and Rubble) By-Laws (2018) and any other support By-Laws.
Thus, any operator or agent contravening any of the provisions therefore shall be liable for an
offense as prescribed in the applicable laws of Malawi and that of Mzuzu City Council.

6. GENERAL SCOPE OF THE ASSIGNMENT

A. OBJECTIVES OF THE SERVICES AND THE CONTRACTUAL
ARRANGEMENTS

Notwithstanding these provisions, the following constitutes the specific objectives

which shall govern the scope of the assignment and contract:
a.To create an environment, which is conducive for protection and
promotion of public health and social welfare for the citizenry of Mzuzu
City.
b. To improve living standards of the general public at all levels.
c.To ensure improved quality and reach of services to the populace by the
way of distributing operational costs/risks between private agent and the
City Authority.
d. To promote private practice participation in provision of service
delivery and ensure stewardships among the residents.

B. GENERAL PROVISIONS OF SERVICES CONTRACT

The cleansing services shall be rendered on behalf of the Mzuzu City Council in line
with set applicable standard operating procedures (SOPs) as described within the
ToRs, Malawi Environment Management Act and Regulations (2018), Malawi Public
Health Act, and any other applicable laws of Malawi such as constitution, and Mzuzu
City By-laws. It is a prerequisite that the services are carried out by either a Local or
a joint venture partnership.

For purposes of this assignment, the Cleansing Services have been described as any
work/services that relates to cleaning, waste collection and management services
carried out within designated/spelt public premises/places as described hereinafter.
Therefore, Cleansing services shall broadly comprise the following:
 i. Cleaning by the way of sweeping/mopping/scrubbing etc using appropriate
tools and equipment within and around the toilets including any
drainages/conduits, passage ways within the designated premises/places.
ii. Placing in designated places/locations appropriate refuse receptacles for
purposes of storing refuse en-route to designated municipal processing or
pickup points/facilities.
iii. De-voiding the public toilet places and its surrounding of standing
wastes/garbage for a considerable timeline as defined by the terms of
reference.
iv. De-voiding the public toilets of clogged sewer pipelines or full septic tanks for
purposes of safe disposal to designated liquid waste disposal site.
v. Bush clearing within and around the (some)toilet premises, and maintaining
verges by the way of proper landscaping and foliage. this include planting
flowers etc.

7. SPECIFICATION OF THE SERVICE SCOPING

Specific Terms of Reference for the assignment include:

PUBLIC TOILET DESCRIPTION AND COVERAGE

The table below provides specific point of service delivery, description and scope of the
desired services, and desired scoping in terms of workforce.

Table 1: Specific Market Description and Scope of Services

S/ TOILET SCOPE OF CLEANING

N NAME
1 Hardware Sweeping, mopping of all rooms, maintenance
of simple water supply and sewer accessories,
2 Main market Sweeping, mopping of all rooms, maintenance
Kaunjika of simple water supply and sewer accessories,
3 Main market Sweeping, mopping of all rooms, maintenance
craft centre of simple water supply and sewer accessories.
Maintenance of glass lawns surrounding the
toilet
4 Bus Depot Sweeping, mopping of all rooms, maintenance
Entrance of simple water supply and sewer accessories,
5 Taifa Sweeping, mopping of all rooms, maintenance
of simple water supply and sewer accessories,

A. MANAGEMENT SERVICES AT THE PUBLIC TOILETS

a. To keep and maintain the said premises clean, tidy and in good state of repair and
at all the times (fair wear and tear expected)
b. To keep the sewer, drains and pipes at all times free from blockage, stoppage or
damage of whatsoever nature.
 c. Not to permit the keeping of any scrap metal (including derelicts cars or vehicles)
waste rubbish or refuse on the premises.
d. To keep the interior of the toilet and all the fittings and fixtures therein and all
glass in the windows and doors thereof in good and tenantable repair (reasonable
wear and tear and damage by fire excepted) so that the tenant’s obligations under
this covenant shall not extend to any repairs herein after covenanted to be done by
the Council.
e. To paint with two coats at least of good oil paint (preferably of same colours as
that found in the said building) and in workman like manner such parts of the
inside of the toilet and proper additions thereto as have usually been painted
during the tenancy.
f. At the end of the tenancy to deliver to the Council’s agents or whosoever is
authorized by the Council to act on its behalf the said premises and fences and
other properties in good repair and condition.
g. Not to use the said premises or any part thereof for any other purpose other than as
private paying toilet.
h. The tenant agrees to allow Council reasonable access to the property for purposes
of repair, maintenance, inspections and verification of compliance with this
agreement.
i. The tenant shall be responsible (where applicable) for settlement of water,
electricity and telephone charges; and other repairs necessitated by negligence or
misuses on his behalf

8. STAFF DEPLOYMENT AND SUPERVISORS OBLIGATIONS

a. All cleaning staff must be dressed in distinctive acceptable PPEs at all times
clearly marked by the Name or Trade Mark of the company at the back or any
position of the uniform.
b. Keep proof of evidence of periodical medical checkups accessible by the health
inspectors of the Council at all times.
c. The supervisor of the Service Provider must:
d. Report on soon as it occurs to the Chief Executive Officer of any defects in and to
areas concerned e.g. broken walls, windows, blocked toilets/urinals, broken drains
etc. during the service period.

9. AGENTS/CONTRACTORS OBLIGATIONS

 The contractor shall provide a summarized written report each month to the Chief
Executive Officer on specific problems, suggestions, improved methods, work
programmes, personnel turnover, remedial action, and all other matters connected
with this agreement.
 The successful contractor shall not be entitled to store or leave goods or articles in the
market places unless on prior arrangements.
 It is the responsibility of the contractor and their staff to comply with the
Occupational Safety, Health and Welfare Act and other applicable regulations. Thus,
 the agent shall ensure that all staffs deployed are trained in cleaning and appropriate
health and safety issues to market users.
 Undertake staff drills or cause to be drilled on health and safety including fire
preventions and other safety/security aspects within the market premises.
 The contractor and staff may use the facilities on the property e.g. toilet, wash rooms,
electrical plugs lighting and water for the purpose of this contract subject to the rules
and policy of the Mzuzu City Council as applicable from time to time within the
premises.
 Insure its staff and property from any losses. Mzuzu City Council will not be held
responsible in any way for the damages, losses, theft of equipment or any valuables of
the contractor or injury of his/her employees while on site or in the execution of their
duties.
 Submit monthly performance reports to the Chief executive officer through the
Director of Health and Social Services (DHSS).

10. EXPECTED OUTPUTS/DELIVERABLES

The following shall constitute some of the key deliverables as a measure of performance of
the firm/operator/agent:
i. Clean and tidy toilet premises devoid of any foul smell, stagnant want seemingly
unattended to for unprecedented period of the day.
ii. No unattended filled or overflowing septic tanks or its accessories.
iii. Availability of toiletries (toilet paper, soap and hand washing facilities) at all times
iv. Absence of fire hazards: excess grasses/leaves/wrappings of any sort to minimise fire
hazards.
v. Cleaning drains and other open places within the toilet as described in table above.
vi. Availability of safety tips, sign posts etc.

11. DURATION OF THE CONTRACT

The public toilets are supposed to be open daily (Monday to Sunday every week). The
contract for management of the public toilets shall be for a maximum of one (1) year subject
to satisfactory performances. The contract is subject to renewal accordingly.

12. QUALIFICATION OF THE OPERATOR

i. Shall be registered under the Business Names Registration Act.
ii. Shall be registered with Malawi Revenue Authority or have any proof of tax
compliance.
iii. Demonstrate having adequate tools and equipment: provide a list of available
tools to be used during the contract.
 iv. Shall have demonstrable knowledge and experience in environmental
management and public health matters and waste management or their proxy.
v. The operator shall have well designated office premises with capacity to safely
store tools equipment and materials.

13. APPLICATIONS
Interested bidders must indicate the name of toilet(s) that they are bidding for.
Applications must be sent to the following address;

The Chairman
Internal Procurement Committee
Mzuzu City Council
P.O Box 1
Mzuzu