e-tender for outsourcing 2016 1

SPORTS DEPARTMENT CHANDIGARH ADMINISTRATION

E-TENDER DOCUMENT

FOR

“OUTSOURCING OF SERVICES OF SECURITY

GUARDS FOR ROUND THE CLOCK SECURITY AND

STAFF (SUPPORT, SANITATION & HORTICULTURE) ON

APPROVED DC RATES FOR SPORTS DEPARTMENT

CHANDIGARH ADMINISTRATION, CHANDIGARH”.

INDEX

Chapter Description Page No.

Chapter-1 E-Tender Notice & Checklist

online submission of Tender

1-2

Chapter-2 Instructions/Terms and conditions for Outsourcing of Security Guards for Round the Clock Security and Staff (Support, Sanitation & Horticulture) for Sports Department Chandigarh Administration on approved DC rates.

3-9

Chapter-3 Schedule of Requirements

10-11

Chapter-4 Scope of Work(Malis & Sweepers) and Security Guards

12-13

Chapter-5 Scope of Work(Support Staff) 14

Chapter-6 Essential Qualifications

15

Chapter-7 Price Schedule

16

Chapter-8 Terms & Conditions for providing of staff(Support, Sanitation & Horticulture)

17-21

Chapter-9 Contract Form(Agreement) 22-31

CHANDIGARH ADMINISTRATION: SPORTS DEPARTMENT

E-TENDER NOTICE

The e-tenders are, hereby, invited from the Service Provider

firms for outsourcing of Services of Security Guards for Round the Clock

security and staff (Support, Sanitation & Horticulture) on approved DC

rates involving annual estimated expenses of Rs. 2 crores to the Sports

Department, U.T., Chandigarh through e-tender process.

i. Downloading of E-tender document

Start date: 6.9.2016 at 10.00 AM End Date : 27.9.2016 at 1.00 PM

ii. Pre-bid meeting if any Start date : 7.9.2016 at 10.00 AM End Date : 27.9.2016 at 1.00 PM Venue: Office room of Joint Director Sports at Sports Complex Sector-42 Chandigarh

iii. Date of submission of e-tender


iv. Physical submission of EMD amounting to Rs.10,00,000/-.


v. Opening of Technical Bid (online)

28.9.2016 at 3.00 PM

vi. Opening of Price Bid of only of eligible technically qualified bidder determined by Purchase Committee.

To be intimated after evaluation of Technical Bid

1. The Bid Document can be downloaded from the website

http://etenders.chd.nic./nicgep.

2. All other terms and conditions, instructions to bidder regarding e-

tendering process etc. may kindly be seen from the detailed

Notice Inviting Tender (DNIT) available on the above noted website

of Chandigarh Administration. The undersigned reserves the

rights to reject any or all tenders without assigning any reasons.

Director Sports,

Chandigarh Administration, Chandigarh.

-2-

CHANDIGARH ADMINISTRATION: SPORTS DEPARTMENT

E-TENDER FOR AWARD OF CONTRACT FOR OUTSOURCING OF SERVICES OF SECURITY GUARDS FOR ROUND THE CLOCK SECURITY AND STAFF (SUPPORT, SANITATION & HORTICULTURE) ON APPROVED DC RATES NOTIFIED BY DEPUTY COMMISSIONER CHANDIGARH. CHECK LIST ONLINE SUBMISSION OF TENDER PROFORMA TO BE FILLED FOR EVALUATION OF TECHNICAL PERFORMANCE OF THE TENDER & PROOF SHOULD BE ATTACHED.

1. Name of the firm/organization & Address and Telephone/Mob.No./Fax. No.

2. Whether Registration Certificate regarding Service Provider firms attached ?

Yes / No

3. Whether EMD in the form of fixed deposit receipt or deposit at call receipt from any of the commercial banks in an acceptable form which is valid for one year drawn in the name of Director Sports Chandigarh Administration to an amount of Rs.10,00,000/- has been attached ? If yes, DD/FD/B. Guarantee No.____________ dated__________and name of the Bank_______________ Validity of EMD beyond the validity of Bid validity period. ____________________________________.

Yes / No

4. Whether Non Black Listed Affidavit has been attached ?

Yes / No

5. Whether Latest (i.e. after the date of floating of tender ) Solvency Certificate of an amount of Rs 1.00 crore valued by any of the commercial Bank has been attached ?

Yes / No

6. Whether Copy of Income tax return of 3 Assessment years (2013-2014, 2014-15 and 2015-16) attached ?

Yes / No

7. Whether the firm have a minimum experience of 5 Crore During last 2 years( 2014-15 & 2015 -16) providing such services to the Govt. Departments /Organizations / Boards/Corporation with Documentary proof.

Yes / No

8. Whether attested photocopy of PAN No., ESI, EPF, and Service Tax registration attached

Yes / No

9. Name, address, contact, number, designation/capacity of person signing tender document.

Yes / No

10. Whether copies of balance sheets for the financial years (2013-14, 2014-15) duly audited by C.A. attached.

Yes / No

11. Whether a copy of constitution / partnership deed of tenderer duly registered with Registrar of firms has been submitted online ?

Yes / No

12. Whether the tenderer has attached a self attested copy of valid labour licence not less than the number of persons as mentioned in the scope of work at Chapter 4 & 5 for the execution of this service contract duly issued by the competent authority of the concerned Govt. from where the working experience certificate/s have been furnished alongwith the tenders.

Yes / No

Place : ____________Signature of Tenderer___________________

Dated :____________ Full Name of the Tenderer ______________

Address________________________________________

-3--

SPORTS DEPARTMENT : CHANDIGARH ADMINISTRATION

Chapter-2

TENDER FOR THE OUTSOURCING OF SERVICES OF SECURITY GUARDS FOR ROUND THE CLOCK SECURITY AND STAFF(SUPPORT, SANITATION & HORTICULTURE. INSTRUCTIONS/TERMS AND CONDITONS FOR THE TENDERER

1. The Bidders shall have to submit their Bids online in Electronic Format Digital Signatures. For participation in the e-tendering process, the Bidders need to register themselves on http://etenders.chd.nic./nicgep. On registration, they will be provided with a user ID and a system generated password enabling them to submit their Bids online using Digital System Certificates (DSC).

2. Tenders without digital signatures will not be accepted by the

Electronic Tendering System. No Tender will be accepted in physical form and in case, it has been submitted in the physical form, it shall be rejected outrightly.

3. Bids will be opened online as per time schedule mentioned in e-tender notice.

4. Before submission of online Bids, Bidders must ensure that self attested scanned copies of all the necessary documents as mentioned in Chapter 3 “Schedule of Requirement” of this tender document have been uploaded with the Bid, failing which their bids may be out-rightly rejected and will not be considered.

5. The tenderer shall quote his offer/rates i.e. Administrative Charges in percentage both in figures and words which shall remain valid for the period of Three years and no enhancement in the Administrative Charges in percentage under any circumstances, shall be allowed.

6. The contract shall be awarded initially for a period of one year, which is further extendable annually upto a maximum of 3 years (including the initial period of one year) on the same terms and conditions accepted by the tenderer subject to satisfactory performance of the services and statutory compliances of all the terms and conditions of the Agreement. This will, however, be further subject to the approval of the competent authority.

7. Subletting of contract is not allowed under any circumstances.

8. Sports Department will not be responsible for any delay in online submission of the Bids due to any reason whatsoever.

9. It will be mandatory for all the Bidders to upload all the documents mentioned under ‘Tender Details’ template read under ‘Cover Details’.

10. Bidders should get ready with the scanned copies of EMD as specified in the tender documents and Hard Copies of all the Eligibility Documents as uploaded by the Bidders.

11. The details of EMD specified in the Tender Documents should be the same as submitted online (scanned copies) otherwise tender will be rejected.

12. The conditional bids shall not be considered and may be outrightly rejected in very first instance.

--4--

13. The Financial Bids through e-tendering of only those bidders shall be opened who will qualify in the technical bid.

14. An affidavit as per specimen enclosed as Annexure-A’ should accompany with the tender. The tenderer who has been Black-listed or his/her tenders/Outsourcing order have ever been cancelled or any legal proceedings have ever been initiated/pending or any penalty has ever been levied on account of delay or non completion of Outsourcing order by any State/UT/Central Government, his/her tender will be out rightly rejected.

15. Downloading and submission of Tender will be done by e-tendering process through the website of Chandigarh Administration http://etenders.chd.nic.in/nicgep.

16. EARNEST MONEY DEPOSIT (EMD) : The Tender should be accompanied with Earnest Money of Rs. 10,00,000/-(Rupees Ten Lac Only) to be paid in the shape of Bank Draft, Demand Draft, FDR, Deposit-At-Call Receipt from any Scheduled Bank in favour of the Director Sports, Chandigarh Administration which shall be valid for one year, accompanied with a latest (i.e. after the date of floating of tender ) Solvency Certificate amounting to Rs. 1 crore (Rupees One Crore Only) issued by an Scheduled Bank. Validity of EMD beyond the validity of Bid validity period. No Firm/Tenderer will be exempted from submission of EMD & Solvency Certificate. The EMD deposited by the tenderer in respect of another similar tender will not be considered against this tender. Scanned copy of EMD & Solvency Certificate issued by Bank duly attested and countersigned by the firms shall be uploaded.

The EMD of unsuccessful tenders will be refunded within one month after finalization of the tender. No interest will be payable on EMD. The EMD will be forfeited, if the tenderer withdraws his/her bid after submission of the Tender. Express of Interest without EMD shall not be considered.

The successful tenderer will furnish the performance security in the shape of FDR/DD from any scheduled bank in favour of Sports Department, UT, Chandigarh @ 6% of the tender value i.e. Rs. 2.00 crore and the earnest money will be refunded to the successful tenderer after receipt of performance security. The performance security shall be valid beyond 60 days of the final completion of tenure of contract.

17. TECHNICAL BID: The tenderer should submit scanned copy of documentary proof of his/her eligibility as mentioned in Chapter 3 “Schedule of Requirement” of this tender document.

18. The financial Bid through e-tendering of only those bidders will be opened who qualify in the technical bid.

19. FINANCIAL BID : The tender shall be awarded to the tenderer who quotes the lowest offer or Administrative charges in percentage in the financial bid provided he fulfills all terms and conditions of the tender documents. However 0% value of Administrative charges and less than TDS shall be straightway rejected.

20. The award of work order, when issued to the successful bidder, constitutes the contract with collateral support from terms and conditions of the tender invitation notices as well as formal agreement on non judicial stamp paper, all of which finally form contractual obligations to be adhered to /performed by the bidder and the on performance of any of such obligations make the bidder liable for consequential effects i.e. blacklisting etc.

21. The bid shall not contain corrections, erasures or over writing.

22. The Successful bidder shall have to execute an agreement with the Department on a non-judicial stamp paper of Rs. 200/-(Rupees Two Hundred Only).

--5--

23. Work & payment: The successful tenderer shall provide the

support, Sanitation & Horticulture services as mentioned in

Chapter-4 & 5 and the monthly payment shall be released on

the satisfactory report of the Department. The Service Provider

shall open a bank account in the Bank and he shall make the

payment of wages to the persons so deployed by him through

the same Bank. The employees of the Service Provider shall also

open their individual accounts in the same Bank branch for the

purpose of disbursement of salary through electronic

transaction/transmission. The Service Provider shall furnish

salary disbursement report duly authenticated by the Bank to

the Office within 5 days from the date of disbursement. He shall

maintain Attendance Registers, individuals ledger/wages book,

wage slip, terms of employment. He shall be required to submit

a copy of challan/abstract/statement of amount deposited

indicating the particulars such as name, father’s name,

employee code No, address of each persons/s so deployed on

account of the statutory contributions within 15 days of the

disbursement of wages failing which the payment of

administrative service charges(profit) of the following month

shall be withheld. The payment shall be released to him towards

his administrative/service charges(profit) after deductions of

Income Tax or any other Govt. dues, after the submission of self

attested copies of recovery schedules and other statements on

the prescribed formats for all persons, copy of Bank

Challans/scroll/s as a proof of having deposited the said

amount with the quarter concerned before the due date i.e. 22nd

of the month failing which the whole responsibility for any delay

in the reimbursement of wage Bill of the Service Provider shall

rest with him and not with the Department. He will also

responsible for any act of EPF Department relates to this

contract and shall ensure that the cheques should not be

dishonored under any circumstances. The responsibility for

both EPF deposit and ESI cards issuance of Annual statements

of EPF deposits and ESI cards to the persons deployed solely lies

with the Service Provider. The Service Provider shall ensure that

disbursement of wages be made to the workers by the 7th of each

month and one month salary shall be paid by the Service

Provider in case of non clearance / due to office redtapism.

--6--

24. Force Majure:

If at any time, during the continuance of this contract, the

performance in whole or in part by either party, of any obligation

under this contract, shall be prevented or delayed by reason of

any floods, explosions, epidemics, quarantine restriction or act

of God (hereinafter referred to as events), provided notice of

happenings of any such eventuality is given by either party

within 7 days from the date of occurrence thereof, neither party

shall be due to reason of such event be entitled to terminate this

contract nor shall either party have any such claim for damages

against the other in respect of such non –performance or delay

in performance. The operation of contract shall be resumed as

soon as practicable after such event may come to an end or

cease to exist and the decision of the Secretary Sports,

Chandigarh Administration as to whether the operation have

been so resumed or not shall be final and conclusive, provided

further that if the performance in whole or impart of any

obligation under his contract is prevented or delayed by reason

of any such event for a period exceeding 90 days either party

may at his option terminate the contract.

25. Tender received through e-tendering shall be opened by the

Departmental Committee as per schedule given in Tender Notice

in the office room of Director Sports,, Chandigarh

Administration, Hockey Stadium, Sports Complex, Sector-42,

Chandigarh in presence of tenderer or his/her authorized

representative, if they wish to be present. In the event of the

date of receipt or opening of Tender being declared a holiday, the

due date of receipt/opening of the Tender will be the next

working day at the same hours.

26. Tender is non transferable.

27. Black listing of tenders : Tenderer participating in the tender

and short listed after due processing of tender can be

blacklisted, as per the Finance Department, Chandigarh

Administration Notification no. 1927-F&PO(3)-2009/1170, dated

27th February, 2009 for non fulfilling the requisite requirements

of the tender documents/supply order or for concealing any

information or for furnishing any false documents/statements in

the tender.

-7-

28. Arbitration:

Except as otherwise provided else where in the contract, if any

dispute, difference, question or disagreement or matter

whatsoever.

shall, before after completion or abandonment of work or during

extended period, hereafter arises between parties, as to the

meaning, operation or effect of the contract or out of or relating

to the contract or the breach thereof, shall be referred to a Sole

Arbitrator to be appointed by the Secretary Sports at the time of

the dispute.If the arbitrator to whom the matter is originally

referred dies or refuses to act or resigns / withdraws for any

reason from the positions of arbitration , it shall be lawful for

the Secretary Sports to appoint the another person to act as

arbitrator in the manner aforesaid. Such persons shall be

entitled to proceed with reference from the stage at which it was

left by his predecessor if both the parties consent to this effect

failing which the arbitrator shall be entitled to proceed denovo.

The venue of arbitrations shall be at Chandigarh. Subject as aforesaid the provisions of the Arbitration and

Conciliation Act. 1996 and any statutory modifications are re-

enactment thereof rules made there under and for the time

being in force shall apply to the arbitration proceedings under

this clause.

The Director Sports, Chandigarh Administration reserves the

right to accept or reject any tender without assigning any

reason.

Director Sports, Chandigarh Administration.

It is certified that I have gone through all the terms & conditions

of the Tender and I further undertake to abide by all terms and

conditions to be announced/mentioned at the time of opening of

Tender or at the time of placing of order.

Dated : _____________ Signatures of the Tenderer with seal. Time:______________

-8-

Annexure ‘A’

(To be furnished on non-judicial stamp paper duly attested by the1st Class Magistrate).

A F F I D A V I T

I/We/M/s________________________________________________are registered as

service provider firm named M/s_____________________as per Service Tax

Registration Certificate No. ____________________EPENo.________________ESI

No.________________having registered office at

_______________________________________ do hereby declare and solemnly

affirm that I/We have not been Black-listed, nor mine/our Tenders or

Orders have ever been cancelled by any State/UT/Central Government or

any partner or shareholder either directly or indirectly connected with or

has any subsisting interest in the business of my/our firm nor any legal

proceedings have ever been initiated/pending or any penalty has ever been

levied due to delay of non completion of order by any State/UT/Central

Government or by any authority.

Place :_______________________ DEPONENT

Dated :______________________

Verification

I/We do hereby solemnly declare and affirm that the above

declarations are true and correct to the best of my knowledge and beliefs. No

part of it is false and nothing has been concealed therein.

Place :_______________________ DEPONENT

Dated :______________________

---9-- Annexure-B

U N D E R T A K I N G

I/We (Name)_______________________________________service provider/partner/Sole proprietor(strike out which is not applicable) of M/s___________do hereby solemnly affirm, declare and undertake that:-

a) I undertake to furnish a valid Labour Licence and Security Licence

not less than the numbers of persons as mentioned in the scope of

work for the execution of this service contract duly issued by the

competent authority of the concerned Govt. from where the working

experience certificate/s have been furnished alongwith the tender/s.

b) In case, I do not possess the valid Labour Licence and Security

Licence issued by the Chandigarh Administration for which the

tender/.s have been furnished, I will submit an undertaking in the

shape of an Affidavit to the effect that the required Labour Licence

and Security Licence will be obtained from the Chandigarh

Administration, if succeeded, in getting the service contract and

furnish the same to this Department within 7 days from the date of

issue of letter of Intent, failing which the tender shall be rejected and

Earnest Money be forfeited.

c) I undertake that I shall obtain all

Registration(s)/permission(s)/Licence(s) etc. which are/may be

required under any Labour Law or other Legislation(s) for providing

the services under this Agreement.

d) It is my responsibility to ensure compliance of all the Central and

State Government rules and Regulations with regard to the

provisions of the services under this Agreement. I indemnify and

shall always keep Department indemnified against all losses,

damages, claims, actions taken against Department by any

authority/office in this regard.

e) I undertake to comply with the applicable provisions of all welfare

legislation and more particularly with the Contract

Labour(Regulation and Abolition) Act 1970, for carrying out the

purpose of this Agreement. I shall, further observe and comply with

all Government laws concerning employment of staff employed by me

and shall alone be responsible to make monthly wages/salaries and

other statutory dues like EPF. ESI, Employees Deposit Link

Insurance, Bonus, Gratuity, Maternity etc. etc. to my/our employees,

which in any case shall not be less than the approved DC rates fixed

by the Deputy Commissioner U.T. Chandigarh from time to time. It

is expressly understood that I am fully responsible to ascertain and

understand the applicability of various Acts, and take necessary

action to comply with the requirements of laws. The wages to the

workers shall be paid by 7th of each month.

f) I shall give an undertaking by the 22nd of each month in favour of the

Department that I have complied with all the statutory obligations.

(Signatures of Tenderer)

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SCHEDULE OF REQUIREMENTS Chapter-3

Offer will be uploaded on-line in two cover under Details containing:- (1) Cover titled as “Technical Bid /Pre-qualification bid” should

contain the Self-attested scanned copies of: i) Earnest money of Rs.10,,00,000/-as mentioned in the shape of

Bank Draft, FDR, Deposit-at-call receipt from the scheduled bank in favour of Director Sports.

ii) Copy of income tax returns for the Assessment Years 2013-14, 2014-15 and 2015-16.

iii) Whether the firm have a minimum experience of 5 Crore

During last 2 years( 2014-15 & 2015 -16) providing such services to the Govt. Departments /Organizations / Boards/Corporation with Documentary proof.

iv) Balance sheet for Two financial years i.e. 2014-15 and 2015-2016, duly audited by the Chartered Accountant.

v) Copies of registration certificate of EPF,ESI, Service Tax etc. vi) Copy of valid Labour Licence and Security Licence issued by the

Chandigarh Administration. vii) Name, address, contact number, designation/capacity of person

signing tender document on plain paper. viii) Latest Solvency Certificate amounting to Rs.1.00 crore (Rupees

one crore Only) issued by the scheduled bank. ix) Individual signing the bid or other documents connected with the

contract shall submit the proof of signing authority in the shape of Power of Attorney/Decision of partnership of firms and decision of Board of Director of the Company :

x) Scanned copy of Name, Address, Contact No., partnership deed/ constitution, if any of bidder of bidding company.

xi) An affidavit of Blacklisting as per Annexure-A. a) A sole proprietor of the firm or constituted attorney of sole

proprietor. b) A partner of the firm, in which case he must have authority to

represent for arbitration of disputes concerning the business of the partnership firm either by virtue of the partnership agreement or power of attorney. Constituted attorney of the firm.

c) In case of (b) above a copy of the partnership agreement or general power of attorney , in either case, attested by a Notary Public , or affidavit on stamp paper of all the partners admitting execution of the partnership agreement or the General power of attorney should be furnished.

d) In case of partnership firms, where no authority to refer dispute concerning the business of the partnership has been conferred on any partner of the firm. A person signing the letter form or any other documents forming the part of the contract on behalf of another shall be deemed to be warranty that he has authority to sign, such documents and if, on enquiry it appears that the person has no authority to do so, the Department may, without prejudice to other civil and criminal remedies, cancel the contract and make or authorize execution of contract/intended contract at the risk and cost of such person and hold the signatory liable to the Department for all cost and damages arising from the cancellation of the contract including any loss which the Department may have on account of execution of contract/intended contract.

The financial bid of only those bidders will be opened who qualify in a technical bid.

NOTE : All the above mentioned documents are essential to upload on-line to qualify at Technical Bid Stage.

(2) Second Cover titled as “Financial Bid” shall consist of –

(a) Price schedule

--11--

Annexure-C

Duties and Responsibilities(For Supervisors)

1) Ensure proper maintenance of the building with upto date record of

the damages, replacement of different items from time to time. For this purpose proper register is to be maintained.

2) Monthly consumption of articles i.e. Phynol/Sanitary Equipment, manure for lawns, lime, implements, gardening items, sports equipment and petrol for Rescue motor boats etc. to be maintained under separate heads in a proper register. Request for the purpose of any item, at any time, would be considered on the production of this register in the office of the District Sports Officer. The column should indicate the last date of purchase quantity /amount, certificate of consumption by the Supervisors.

3) Proper maintenance of the play field, Regular weeding, watering, cutting, rolling and manuring.

4) Ensure the laying/marking of play fields before the training hour. 5) Keep separate register for the issue of equipment to the coaches

working at the respective centre. The Supervisor would get the required equipments./articles issued from the main store i.e. the office of the District Sports Officer, Chandigarh Administration during the first week of every month by depositing the unserviceable articles/ equipments.

6) Proper arrangement of drinking water for the players through out the year.

7) Proper arrangement of irrigation water for the lawns and play fields throughout the year.

8) Proper record of the Electricity/Water charges bills. The same are to be forwarded to the District Sports Officer after scrutiny/verification from the meter reading certificate to this effect would be required from the Supervisor. A separate register for the entry of Electricity/Water charges is to be maintained in case there is any damage/defect in the meters, the same is to be reported to the concerned maintenance office in writing with a copy to the District Sports Officer/Section Officer.

9) Monthly report about the functions held in the Stadia/Complex. 10) Attendance register of the Staff with Casual Leave record is to be

maintained. 11) Ensure daily cleanliness of the building in an around the play area

with special attention towards toilets, stores, changing room etc. 12) Shortage of any equipment/article required for proper and efficient

functioning of the Sports Stadiums is to be reported in writing, immediately to the District Sports Officer.

13) Ensure annual white wash, paint and repairs of building. Request to be sent to the concerned XEN/SDO in writing with a copy to District Sports Officer/Section Officer.

14) Proper storage and maintenance of store articles. Condemnation of unserviceable articles every year.

15) Removal congress grass from the level of the root, to be taken up at top priority. No plant of congress grass to be seen in any stadium at any time.

16) Ensure proper flower beds and plantation of new trees every year. 17) Duty Timings from 9 AM to 5 PM daily except weekly off and Round

the Clock Security.

--12— CHAPTER-4

SCOPE OF WORK

The Security agency shall be responsible to provide the

following staff (including relievers) for round the clock security to

guard the following Sports Stadia/Centres within the confined

premises:-

S.No. Name of Stadia/centre No. of security guards required

1. Sports Complex Sector-7 Chandigarh

06

2. Cricket Stadium Sector-16 Chandigarh

09


03

4. Skating Rink Sector-10 Chandigarh

03

5. Table Tennis Hall Sector-23 Chandigarh

03

6. Football Stadium Sector-17 Chandigarh

03

7. Hockey Stadium Sector-18 Chandigarh

03

8. All Weather Swimming Pool Sector-23

03

9. Swimming Pool(Nursery) Sector-23

03

10. Lake Sports Complex 01


15

12. Relievers 10

Total 62

1. The Security Agency shall protect the stadia/centres from anti-social elements.

2. Prevention of losses of the Govt. property by thefts, burglaries etc.

3. Prevention of injury, assault and violation of the persons especially players and visitors.

4. Smooth conduct of function, tournaments, championships and events etc.

5. Prevention from the entry of cattle, monkey and dog menace. 6. To control the entry and movement of unwanted elements.

SCOPE OF WORK(Malis & Sweepers)

The work involves Cleaning/Sanitation and Horticulture/Gardening service etc. of the following sports stadias of the Sports Department, U.T., Chandigarh and daily cleaning/sweeping of the whole premises of stadias i.e. all the Toilets, Washroom, Halls, Rooms, Offices, and lawns daily from 9 AM to 5 PM. except weekly off.

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1. Sports Complex, Sector 7 Chd

Malies required— 6 Nos. Sweeper required--- 3 Nos. 2. Cricket Stadium, Sector 16 Chd Malis required -- 6 Nos. Sweeper required-- 2 Nos. 3 Sports Complex, Sector 46 Chd Malis required 4 Nos. Sweeper required 1 No. 4 Skating Rink, Sector 10, Chd

Malis required 1 No. Sweeper 1 No. 5 Table Tennis Hall, Sector 23 Chd

Malis required 1 No. Sweeper required 1 No. 6 Football Stadia Sector 17 Chd

Malis required 1 No. Sweeper required 1 No. 7. Hockey Stadium, Sector 18 Chd Malis required 2 Nos. Sweeper required 1 Nos. 8. All Weather Swimming Pool Sector-23 Chd Sweeper required 2 Nos. 9. Swimming Pool (Nursery) Sector-23 Chd

Sweeper required 2 Nos. Total 35 Nos.

A) The job shall include sanitation services, including cleaning of toilets/washrooms within the premises of all the Stadias/Centres buildings daily.

B) Cleaning of all Rooms Halls, toilets, washroom, corridors,

stairs and other areas on daily basis by mopping /washing with water, detergents/disinfectants.

C) Maintenance of Lawns, Grass, Flowerbeds, Hedge, Trees,

plants, Gamlas and Pots etc. inside and outside the building within the boundary wall.

D) A Supervisor also be deputed by the firm to have liaison

with the concerned Manager/Coach Incharge/Incharge of respective stadia

Note: 1. All cleaning materials shall be provided by the Sports

Department to the Contractor through the respective Managers/Incharge of the concerned Stadia.

2. All gardening tools, grass cutting machines and other

related machineries’ shall also be provided by the Sports Department to the Contractor through respective Managers/Incharge of the concerned. The Diesel/Petrol shall also be provided by the Sports Department. All machineries/equipments will be received back in working condition on the completion/termination of the contract.

--14--

CHAPTER 5

Scope of work.

S.No. Name of post No. of

persons

required.

Work descriptions

1

Supervisors 02 Duties as in Annexure-C

2 Clerks

01 Diary & dispatch, Computer typing,

maintenance of record and other official

works to be assigned by the competent

authority from time to time.

3 Attendants 01 To attend the office and petty works of

office etc.

4 Carpenter 01 To repair Boats and other furniture of the

Department.

5 Tractor

Driver

01 To drive the Tractor/car/Jeep of Sports

Department as assigned by the

competent authority

6. Road Roller

Driver

01 To drive the Road Roller for the

maintenance of lawns/pitches etc.

7 Mali 21 Duties as per Clause-C of Chapter-4

8 Sweeper 14 Duties as per Clause-A & B of Chapter-4

9. Peon 1+2=03 To attend the office and distribution of

official dak of the department as per duty

assigned.

10. Chowkidar 01 To watch and ward duties day or night.

11. Bearer 01 To attend the guest/VIP dignitary for

light refreshment during the organizing

various sports competitions/

tournaments.

Total 47

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Chapter-6

ESSENTIAL QUALIFICATION

The Service Provider must deploy the Security Guard and

Staff (Support, Sanitation & Horticulture) having the following

essential qualifications:-

Supervisors

1. Graduation from recognized University 2. Having knowledge of organizing Sports Tournament or

participation in State Tournament. 3. Having experience in maintenance of Ground/Sports filed with

particular reference to the major recognized game.

Clerk Bachelor‘s Degree and proficiency in operation of Computer (word processing and spread sheet) and speed of 30 words per minutes in English Typing.

Security Having 10th Class passed. Guards Attendant Having 8th Class passed Carpenter i) Having 10th Class passed or 10+2 or Sr. Secondary –II

passed ii) Should have passed Certificate Course on the Trade

from ITI. iii) Should have experience of Three years in the trade.

Tractor i) Having 10th Class passed or equivalent Driver. ii) Should possess Licence of Driving Heavy Motor

Vehicle issued by the Licensing Authority of any State Govt.

Road Roller i) Having 10th Class passed or equivalent Driver ii) Should possess Licence of Driving Heavy Motor

Vehicle issued by the Licensing Authority of any State Govt.

Mali Having 8th Class passed Sweeper Having 8th Class passed Peon Having 8th Class passed

- -16--

Chapter-7

PRICE SCHEDULE (Excel Sheet) BOQ.

Administrative Charges__________________

(shall be valid for Three years).

NOTE: The contractor shall pay the approved DC rates fixed by

the Deputy Commissioner U.T. Chandigarh to the staff deployed to be

revised from time to time plus applicable statuary liabilities ESI, EPF,

Gratuity, Bonus etc. and service tax etc.

(Signatures of service provider)

(Seal)

Note:- Rs 100 quoted in BOQ as an example to quote rates as mentioned under DC RATES PREAVILING FROM TIME TO TIME PLUS EMPLOYER SHARE OF EPF AND ESI

--17—

CHAPTER- 8.

TERMS AND CONDITIONS FOR PROVIDING SECURITY GUARDS FOR ROUND THE CLOCK SECURITY AND STAFF(SUPPORT, SANITATION & HORTICULTURE ) TO SPORTS STADIA/CENTRES/OFFICE OF THE SPORTS EPARTMENT, UT CHANDIGARH

1. The agencies should have the following requirements: (i) ‘Registration under, EPF, ESI and service tax, (ii) Min.2 years experience in operation with Govt.

Department/Organizations/Board/Corporation/Institutions (iii) Min. 2 running contracts for prestigious clients with more than

100 persons at one location alongwith the statement of running contract.

2. Service providers shall comply with all statutory requirement existing or as promulgated from time to time viz. The payment of Wages act, Provident Fund Act, Employees State Insurance Scheme, Family Pension Fund Act, Bonus, Gratuity Act, Shops & Establishments Act, Contract Act etc. whichever is applicable to the organization of Service providers and shall be held responsible accountable, answerable, explainable, as the case may be. Further, service providers shall not involve the Department in any way whatsoever and incase of any violation of any law, the first party shall be solely responsible whatsoever. In case due to violation of any law, any liability is put upon the Department. The service providers hereby indemnifies the Department completely. The Service providers shall supply a certified copy of their registration under the Provident Fund Act, ESI, Labour Rules and Income Tax, service tax etc. 3. That the personnel deployed by the Service providers in the Stadia/Centre/Office shall be removed immediately if the Sports Department considers such removal necessary on administrative grounds. The Service providers shall also immediately remove any personnel who is found not to be discharging his duties correctly or is of doubtful character and shall replace him with substitute personnel either on its own or on the demand of the Sports Department In case of removal of such personnel, no claim shall be maintainable against the Sports Department 4. If the Sports Department incurs any expenses or any liability is put on them in connection with the deployment of the employee of Service providers, the same shall be adjusted from the bill of Service providers. 5. The Service providers shall submit a certificate along with the monthly bills certifying that the personnel employed by them in the Stadia/Office of the Sports Department have been paid at least minimum wages of DC rates, as in force from time to time, in accordance with the provisions of payment of wages Act,1936, Minimum Wage Act,1948, Contract Labour(Regulation & Abolition) Act 1970 and rules framed thereunder, Employees Provident Fund(EPF) Act 1952, Employees State Insurance Act(1948), payment of Bonus Act, 1965, Employees Deposit Link Insurance(EDLI), payment of Gratuity Act 1972, Maternity Leave Act,1961, as applicable and as amended from time to time and or any other rules framed thereunder etc.etc.The wages shall be disbursed in the presence of District Sports Officer or any person deputed by the Sports Department. Any violation of the provision of Minimum Wages Act and other statutory regulations shall render the contract liable for termination. The Sports Department shall also proceed against the defaulting agency as per the provisions of the relevant laws.

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6. The service providers shall take into consideration all levies and statuary taxes while quoting the tender. However, if any fresh taxes, charges etc. are levied by the Local/State/ Central Govt. subsequent to the date of opening of tender the same shall be reimbursed by the Sports Department against proof of Production of payment by the service provider after taking approval from the Competent authority. The revised DC rates shall be paid to the said Staff by the Service Provider as and when the DC rates revised.

7. The personnel deputed shall remain on duty as per scope of work fixed by the Sports Department UT Chandigarh. 8. The payment for services under this agreement shall be made on monthly basis through UID linked bank accounts.

9. The persons employed by the service providers for the Supervisory work/Office work/other work of concerned Stadia of the Sports Department will be the employees of the service providers and the Sports Department shall have nothing to do with their employment or non-employment and the personnel employed by the first party shall have no right whatsoever to claim employment from the Sports Department. 10. Any payment required to be made by the service providers to

its personnel, in compliance with any of the laws of the land, shall be the sole responsibility of Service providers. This would include specific responsibility with regard to the provision of the minimum wages act and /or any other law, which may be applicable in the instant case. The Sports Department will in no case be responsible for default, if any, in this regard. Even if, as per provision of any relevant enactment, the liability becomes that of the Sports Department, it is clearly agreed that the same shall be deemed to be that of service providers and shall be discharged by them. The Sports Department’s liability towards personnel will be limited to the extent of the contract price accepted by the Sports Department.

11. All matters and disputes arising out of this agreement will be subject to the jurisdiction of the courts located at Chandigarh. 12. The service providers shall be bound to perform the assigned jobs even though the same may not have been included in the schedule of services. 13. A prospective bidder, requiring any clarification of the Bid documents shall notify the Director Sports, Chandigarh Administration in writing or by fax at his mailing address indicated in the Invitation for Bids. He shall respond in writing to any request for clarification of the Bid documents, which he receives not latter than 7days prior to the last date for the submission of bids. Copies of the query and clarifications by him shall be sent to all the prospective bidders who have received the bid documents. 14. At any time, prior to the date of submission of bids, the Sports Department may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the bid documents by amendment.

-19- 15.The amendments shall be notified in writing or by fax to all prospective bidders on the address intimated at the time of purchase of bid document and these amendments will be binding on them. 16. In order to afford prospective bidders reasonable time in which to take the amendments into account in preparing their bids, the Sports Department may, at its discretion, extend the deadline for the submission of bids suitably. 17. The Service providers shall be responsible for all injury and accidents to persons employed by them while on duty. 18. The Service providers shall be responsible for the good conduct and behavior of its employees. If any employee of the service providers is found misbehaving with the Sports Department employees, the Service providers shall terminate the service of such employee at their own risk and responsibility. The Service providers shall issue necessary instruction to its employees to act upon the instructions given by the supervisory staff of the concerned stadia/Centres. 19. In the event of any loss being caused to the Sports Department on account of the negligence of the employee of the service providers, the agency shall make good the loss sustained by the Sports Department, either by the replacement or on payment of adequate compensation. 20. The Service providers shall not appoint any sub-agency to carry out an obligation under the contract. The Contractor shall have to engage staff according to the duty roster and in case required number is not available on any day, the contract amount will be reduced from the monthly payment. 21. None of the employees of the service providers shall enter into any kind of private work within or outside the Stadia/Centres of the Sports Department. 22. The employees of the service providers shall be of good character and of sound health and shall not be less than 18 years or not more than 45 years of age. 23. The service providers will have to accept full responsibility to uphold labour, tax, Welfare and such other employer’s obligations in respect of his employees in consonance with the laws of the land, against all claims, damages or losses of every nature of kind, what so-ever ensuring no liability or involvement of the institute.

24. The contractor shall in no case pay its employees less than the approved D.C. rates fixed by the Deputy Commissioner U.T. Chandigarh.

25. Service providers shall abide by all laws of the land including, Labour Laws, (ESI, PF Bonus etc.) companies act, Tax deduction liabilities, welfare measures of its employees and all other obligations that enjoin in such cases and are not essentially enumerated and defined herein, though any such onus shall be the exclusive responsibility of the Service providers, and it shall not involve the Department in any way whatsoever. The wages to the workers is required to be paid by the Service Provider by 7th of the following month in irrespective of payment made by the Department failing which a penal interest of 2% of the monthly bill will be levied upon him and will be deducted from his Administrative Charges.

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26. TDS/Service tax as applicable will be deducted /paid as per rules.

27. The Service providers shall supply trained Supervisors/as well as other staff for the duties in the Stadia/office. It shall also undertake at its expense and to the satisfaction of the Department, a continual updating of skills and procedures followed by the staff. For this purpose the agency shall organize suitable training campus for its cadres from time to time.

28. In case of any dereliction of duty, gross neglect, an unintended or intended damage caused by the service providers or its staff or otherwise, any harm done to the sports department, its properties, its designated officials or other employees, the service providers shall be liable to make good the loss or pay compensation, refund expenditure on /judicial proceedings as well as pay penalty, which the Director Sports may deem fit.

29. The Service providers shall have proper standards and procedures for recruitment of personnel’s. The service providers shall have a properly designed uniform. The Sports Department reserves the right to suggest modifications if it deems fit, for the proper appearance and turnout of the personnel’s.

30. The Service providers shall have a proper system of checking the persons on duty. Records of the same should be effectively maintained and shortcomings if any should be immediately rectified. 31. The tender shall remain valid for a period of 90 days from the date of submission. If a bidder withdraws or modifies the offer within this period, his tender shall be cancelled and 50%(fifty) of the Earnest Money shall be forfeited. In exceptional circumstances, the Sports Department may request the bidders’ consent for an extension of the period of bid validity. A bidder may however, be at liberty to refuse the request without risking forfeiture of his earnest money. A bidder agreeing to extend the validity of bid will not be allowed to modify his bid.

32. Service providers/bidders will not be permitted to alter or modify their bids after expiry of the deadline for receipt of bids.

33. The Sports Department is not bound to award contract at the lowest price received in the Tender and reserves the right to decide on fair and reasonable price of the services tendered for and counter offer the same to the bidders. All other terms and conditions of the tender shall remain operative even if a counter offer rate is offered to the bidders. Sports Department reserves the right to negotiate with lowest bidder to arrive at the fair and reasonable price.

34. The award of work order, when issued to the successful bidder, constitutes the contract with collateral support from terms and conditions of the tender invitation notices as well as formal agreement on stamped paper affixed with non judicial stamps, all of which finally form the contractual obligations to be adhered to / performed by the bidder and the non performance of any of such obligations make the bidder liable for consequential effects.

-21- 35. The Department reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereto incurring and liability to the affected bidder or bidders on the grounds of the Sports Department action.

36. The bidders are advised to refrain from stipulating any conditions, rebates etc. in violation of the terms & condition of the tender. The Sports Department reserves the right to reject such tenders in which conditions /rebate is stipulated, without assigning any reason thereof.

-22-

CHAPTER 9 Contract form

SERVICE AGREEMENT

THIS AGREEMENT is made on this ………….day of …………2016

Between

The Administrator of Union Territory, Chandigarh acting

through Sports Department, Chandigarh Administration, Chandigarh

(hereinafter referred to as the Department”, which expression shall,

unless excluded by or repugnant to the context, be deemed to include

its successors in Sports Department, Chandigarh Administration,

Chandigarh and assignees) of the first part

And

M/S ………………………….………..…….., a company

registered under the Companies Act, 1956/a partnership firm

constituted between ……………..………………..….., having its place of

business or registered at ………………………...…….. Acting through

………………..………. Its Managing Director/Partner (hereinafter referred to as

“Service Provider” which expression shall, unless repugnant to the context or

meaning thereof, be deemed to mean and include its/his/her/their respective heirs,

executors, administrators and successors/the partner(s) for the time being of the

said firm the survivor(s) of them and the executors, administrators and successors

of the surviving partners, as the case may be of the second part.

WHEREAS the Service Provider is engaged in the business of

providing general/supports Services

AND WHEREAS the Service Provider has expressed his keen

desire to provide the said supports, Sanitation & Horticulture Services to the Sports

Department under this agreement;

AND WHEREAS on the aforesaid representation made by the

Service Provider to the Department the parties hereby enter into this agreement on

the terms and conditions appearing hereinafter.

NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND

IT IS AGREED BY AND BETWEEN THE PARTIES AS UNDER:

1. SERVICE PROVIDER’S REPRESENTATION AND WARRANTIES

The Service Provider hereby represents warrants and confirms

that the Service Provider:-

1.1 has full capacity, power and authority to enter into this

agreement and during the continuance of this agreement, shall

continue to have full capacity, power and authority to carry

out and perform all duties and obligation as contemplated

herein and has already taken and shall and continue to take

all necessary and further action (including but without limiting

to the obtaining of necessary approval/contents in all

applicable jurisdictions) to authorize the execution, delivery

and performance of this agreement.

--23--

1.2 has the necessary skills, knowledge, expertise, adequate

capital and competent personnel, system and procedures,

infrastructure and capability to perform its obligations in

accordance with the terms of this agreement and to the

satisfaction of the Government ;

1.3 shall, on the execution of this agreement and providing

services to the Department, not violate, breach and

contravene any conditions of any agreement entered with

any third parties;

1.4 has compiled with and obtained necessary

permissions/licenses/authorizations under the Central,

State and local authorities and obtained all required

permissions/licenses for carrying out its obligations under

this agreement.

2. OBLIGATIONS OF THE SERVICE PROVIDER

(a) The Service Provider shall provide the Security Guards and

staff(Support, Sanitation & Horticulture) to the Sports

Department at during this service agreement period on all

days except weekly rest.

(b) The assessment made by the service provider in the tender

including number of personnel at various description as

required to provide give the required quality of service shall

be final and acceptable by and binding upon the service

provider.

(c) The regularity of the performance of the service will be the

essence of this agreement and shall form a central factor of

this agreement. The Service Provider shall take all possible

steps to ensure to maintain its performance as determined

by the Department from time to time.

(d) If the Department notices that the personnel of the Service

Provider has/have been negligent, careless in rendering the

said services, the same shall be communicated

immediately the Services Provider who will take corrective

steps immediately to avoid recurrence of such incidents

and reports to the Department.

(e) If any of the personnel of the Service Provider indulges in

theft, negligence or any illegal/irregular activity,

misconduct, the Service Provider shall take appropriate

action against its erring personnel and intimate

accordingly to the Department or itself can take action in

accordance with law.

f) The Service Provider shall furnish a personal guarantee of its

Managing Director/Partner, guaranteeing the due

performance by the Service Provider of its obligations

under this agreement.

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3. TERMS OF PAYMENT

(a) Fees and charges for the services to be rendered are as

agreed to between the parties.

(b) All payments made by the Department shall be after

deduction of tax at source wherever applicable as per the

provisions of the Income Tax Act, 1961.

c) The Service Provider, being the employer in relation to

persons engaged/employed by it to provide the services

under this agreement shall alone be responsible and liable

to pay wages/salaries to such persons which in any case

shall not be less than the approved D.C. rates. He will

observe compliance of all the relevant labour laws and

other laws etc.

(d) The Service Provider will have to produce the register of

wages or the register of wages-cum-muster roll of the

preceding month along with the bill to be submitted on the

27th day of every calendar month for verification to the

nominated official of Department. The Service Provider

shall ensure that payment through crossed cheque to his

employees is made in the presence of an authorized

representative of the Department.

4. SUBMISSION AND VERIFICATION OF BILLS

The Service Provider shall submit on a monthly basis the

bills for the services rendered by the Supervisors to

enable the Department to verify and process the same.

5. DISCIPLINE

(a) The Service Provider shall issue identity cards, on its own

name and trading style, to its personnel deputed for

rendering the said services, which at Department’s option,

and would be subject to verification at any time. The

Department may refuse the entry into its premises to any

personnel of the Service Provider not bearing such identity

card or not being perfectly dressed.

(b) The Department shall always have the right and liberty to

do surprise inspection at its sites.

c) The services rendered by the Service Provider under this

agreement will be under close supervision, coordination

and guidance of the Department. The Service Provider shall

frame appropriate procedure for taking immediate action as

may be advised by the Department from time to time.

(d) It is understood between the parties hereto that the Service

Provider alone shall have the right to take disciplinary

action against any person(s) to raise any dispute and/or

claim whatsoever against the Department. The Department

shall under no circumstances be deemed or treated as the

employer respect of any persons(s) engaged/employed by

the Service Provider for any purpose, whatsoever nor would

Department be liable for any claim(s) whatsoever, of any

such person(s).

--25—

6. NATURE OF AGREEMENT

The parties hereto have considered agreed to and have a clear

understanding on the following aspects;

(a) This agreement is on the principle to principle basis and does not

create and shall not deem to create any employer employee

relationship between the Department and the Service Provider.

The Service Provider shall not by any acts, deeds or otherwise

represent any person that the Service Provider is representing or

acting as agent of Department , except to the extent and purpose

permitted herein.

(b) It is clearly understood by the Service Provider that the persons

employed by the Service Provider for providing said services as

mentioned herein, shall be the employees of the Service Provider

only and not of the Sports Department . The Service Provider

shall be liable to make payment to its said employees towards

their monthly wages/salaries and other statutory dues like

Employees Provident Fund, Employees State Insurance, bonus,

gratuity etc.

( c ) Department shall not be liable for any

obligations/responsibilities, contractual, legal or otherwise,

towards the Service Provider’s employees/agents directly and/or

indirectly, in any manner whatsoever.

7. STATUTORY COMPLIANCES

(a) Service Provider shall obtain all registration(s)/permission(s) etc.

which are/may be required under any labour or other

legislation(s) for providing the services under this agreement.

(b) It shall be the Service Provider’s responsibility to ensure

compliance of all the Central and State Government Rules and

Regulations with regard to the provisions of the services under

this agreement. The Service Provider indemnifies and shall

always keep Department indemnified against all losses, damages,

claims actions taken against Department by any

authority/Sports Department, Chandigarh Administration,

Chandigarh in this regard.

( c) The Service Provider undertakes to comply with the applicable

provisions of all welfare legislations and more particularly with

the Contact Labour (Regulation and Abolition) Act, 1970, if

applicable, for carrying out the purpose of this agreement. The

Service Provider shall further observe and comply with all

Government laws concerning employment of staff employed by

the Service Provider and shall duly pay all sums of money to

such staff as may be required to be paid under such laws. It is

expressly understood that the Service Provider is fully

responsible to ascertain and understand the applicability of

various Acts, and take necessary action to comply with the

requirements of laws.

(d) The Service Provider shall give an undertaking by the 22nd of each

month in favour of the Department that he has complied with his

statutory obligations.

-26-

(e) The Service Provider is responsible for timely deposit of

contributions towards EPF, ESI etc. and other statuary

obligations.

8. ACCOUNTS AND RECORDS

(a) The Service Provider shall maintain accurate accounts and

records, statements of all its operations and expenses in

connection with its functions under this agreement in the manner

specified by the Department.

b) The Service Provider shall forthwith upon being required by the

Department, allow Department of any of it’s authorized

representatives to inspect, audit or take copies of any records

maintained by the Service Provider. The Service Provider shall also

cooperate in good faith with the Department to correct any

practices which are found to be deficient as a result of any such

audit within a reasonable time after receipt of the report from the

Sports Department. However, upon discovery of any discrepancies

or under payment the Service Provider shall immediately

reimburse the Sports Department for such discrepancies or

overcharge.

9. INDEMNIFICATION

(a) The Service Provider shall at its own expenses make good any loss

or damage suffered by the Department as result of the acts of

commission or omission, negligently or otherwise of its personnel

while providing the said services at any time of the premises of the

Department or otherwise.

(b) The Service Provider shall at all times indemnify and keep

indemnified the Department against any claim on account of

disability/death of any its personnel caused while providing the

services within/outside the site or other premises of the

Department which may be made under the workmen’s

Compensation Act, 1923 or any other Acts or any other Statutory

modifications hereof or otherwise for or in respect of any claim for

damage or compensation payable in consequence of any accident

or injury sustained by the working or there personnel of the

Service Provider in respect of any claim, damage or compensation

under labour laws or other laws or rules made there under by any

Person whether in the employment of the Service Provider or not,

who provided or provides the service at the site or any other

premises of the Department shall be as provided hereinbefore.

(c) The Service Provider shall at all times indemnify and keep

indemnified the Department against any claim by any third party

for any injury, damage to the property or person of the third party

or for any other claims whatsoever for any acts of commission or

omission of its employees or personnel during the hours of

providing the services at the Department’s premises or before and

after that.

-27-

(d) That, if at any time, during the operation of this agreement or

thereafter the Department is made liable in any manner whatsoever

by any order, direction or otherwise of any Court authority or

tribunal, to pay any amounts whatsoever in respect of or to any of

present or ex-personnel of the Service Provider or to any third party

in any event not restricted but including as mentioned in sub-

clauses No. (a), (b) and (c) hereinabove the Service Provider shall

immediately pay to the Department all such amounts and costs

also and in all such cases/event the decision of the Sports

Department shall be final and binding upon the Service Provider.

The Department shall be entitled to deduct any such amounts as

aforesaid from the security and /or from any pending bills of the

Service Provider.

10. LIABILITIES AND REMEDIES

In the event of failure of the Service Provider to provide the services

or part thereof as mentioned in this agreement for any reasons

whatsoever, the Department shall be entitled to procure services

from other sources and the Service Provider shall be liable to pay

forthwith to the Department the difference of payments made to

such other sources, besides damages at double the rate of

payments.

11. LOSSES SUFFERED BY SERVICE PROVIDER

The Service Provider shall not claim any damages, costs, charges,

expenses, liabilities arising out of performance, which it may suffer

or otherwise incur by reason of any act/omission, negligence,

default or error in judgment on part of itself and /or its personnel in

rendering under this agreement.

12. TERM

This agreement shall be effective for a period of one year with effect

from …….………….….upto………….….on terms & conditions

mentioned in this agreement and all terms & conditions accepted by

the contractor in the Tender document. and can be extended

further for one year and on such terms and conditions as may be

deemed fit and proper by the Department.

13. TERMINATION

(a) Either party can terminate this agreement by giving one month’s

written notice to the other without assigning any reasons and

without payment of any compensation thereof. However, the

Department shall give only a 24 hours notice of termination of

this agreement to the Service Provider when there is a major

default in compliance of the terms and conditions of this

agreement or the Service Provider has failed to comply with its

statutory obligations.

-28-

b) If Service Provider commits breach of any covenant or any clause of

this agreement, Department may send a written notice to Service

Provider to rectify such breach within the time limit specified in

such notice. In the event Service Provider fails to rectify such

breach within the stipulated time, the agreement shall forthwith

stand terminated and Service Provider shall be liable to Sports

Department for losses or damages on account of such breach.

(c) The Department shall have the right to immediately terminate this

agreement if the Service Provider becomes insolvents, ceases its

operations, dissolves, files for bankruptcy or bankruptcy

protection, appoints receivers, or enters into an arrangement for

the benefit of creditors.

14. ASSIGNMENT OF AGREEMENT

This Agreement is executed on the basis of the current

management structure of the Service Provider. Henceforth, any

assessment of this agreement, in part or whole, to any third party

without the prior written consent of the Department shall be a

ground for termination of this agreement forthwith.

15. COMPOSITION AND ADDRESS OF SERVICE PROVIDER

(a) the Service Provider shall furnish to the Department all the

relevant papers regarding its constitutions, names and

addresses of the management and other key personnel of

the Service Provider and proof of its registration with the

concerned Government authorities required for running

such a business of Service Provider.

(b) The Service Provider shall always inform the Department in

writing about any change in its address or the names and

addresses of its key personnel. Further, the Service

Provider shall not change its ownership without prior

approval of the Department

16. SERVICE OF NOTICES

Any notice or other communication required or permitted to be

given between the parties under this agreement shall be given

in writing at the following address or such other addresses as

may be intimated from time to time in writing.

Department Service Provider

…………….. …………………

…………….. …………………

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17. CONFIDENTIALITY

It is understood between the parties hereto that during the

course of business relationship, the Service Provider may

have access to confidential information of Department and

it undertakes that it shall not, without Department’s prior

written consent, disclose, provide or make available any

confidential information in any form to any person or entity

or make use of such information.

This clause shall survive for a period of 5 years from the

date of expiry of this agreement or earlier termination

thereof.

18. ENTIRE AGREEMENT

This agreement represents the entire agreement, the

parties and supersedes all previous or other writings and

understandings, oral or written, and further any

modifications to this agreement, if required shall only be

made in writing.

19. AMENDMENT/MODIFICATION

The parties can amend this agreement at any time with

mutual consent. However, such amendment shall be

effective only when it is reduced in writing and signed by

the authorized representatives of both parties hereto.

20. SEVEREBILITY

If for any reason, a court of competent jurisdiction finds

any provision of this agreement, or portion thereof, to be

unenforceable, that provision of the agreement will be

enforced to the maximum extent permissible so as to effect

the intent of the parties, and the remainder of this

agreement shall continue in full force and effect.

21. CAPTIONS

The various captions used in this agreement are for the

organizational purpose only and may not be used to

interpret the provisions hereof. In case of any conflicts

between the captions and the text, the text shall prevail.

22. WAIVER

At any time any indulgence or concession granted by the

Department shall not alter or invalidate this agreement nor

constitute the waiver of any of the provision hereof after

such time, indulgence or concession shall have been

granted. Further, the failure of the Department to enforce

at any time, any of the provisions of this agreement or to

exercise any option which is herein provided for requiring

at any time the performance by the Service Provider of any

of the provisions hereof shall in now, be construed to be

waiver of such provisions of this agreement nor in any way

affect the validity of this agreement or any part thereof or

the right of the Department to enforce the same in part or

in the entirety of it. Waiver, if any, has to be in writing.

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23. VERIFICATION OF CHARACTER AND ANTECEDENTS.

The character and antecedents of the persons so deployed

by the Service Provider shall be got verified from the

appropriate authority by the Service Provider at his own

level and cost within a period one month from the date of

deployment of each person and the Service Provider will

submit certificate in this regard.

24. FORCE MAJEURE

Neither party shall be in default if a failure to perform any

obligation hereunder is caused solely by supervening

conditions beyond that party’s reasonable control,

including acts of God, civil, commotion, strikes, acts of

terrorism, labour disputes and government or public

authority’s demands or requirements.

25. DISPUTE RESOLUTION

This agreement shall be deemed to have been

made/executed at Chandigarh for all purposes. In the

event of any dispute related to the interpretation or rights

or liabilities arising out of this agreement, the same shall,

at first instance, be amicably settled between the parties. If

any dispute is not settled amicably, the same shall be

referred to the sole arbitrator to be appointed by the Sports

Department. The award given by the arbitrator shall be

final and binding on the parties. The venue of arbitrator

shall be…Chandigarh

26. GOVERNING LAW/JURISDICTION

The applicable law governing this agreement shall be the

laws of India and the courts of Chandigarh shall have the

exclusive jurisdiction to try any dispute with respect to this

agreement.

27. TWO COUNTERPARTS

This agreement is made in duplicate. The Service Provider

shall return a copy of this agreement duly signed and

stamped as a token of acceptance of all terms and

conditions mentioned above. In the event of

commencement of order acceptance, it will be taken that

all terms are acceptable.

-31-

IN WITNESS WHEREOF THE DEPARTMENT AND THE

SERVICE PROVIDER ABOVE SAID HAVE HEREUNTO SUBSCRIBE THEIR

HANDS ON THE DAY MONTH AND YEAR FIRST MENTIONED ABOVE IN

THE PRESENCE OF THE FOLLOWING WITNESSES:

SIGNED, SEALED AND DELIVERED

WITNESSES

1. Signature Signature Name Name Date Date Designation Designation 2. Signature

Name For and on behalf of The Administrator

Date of Union Territory, Chandigarh. Designation

SIGNED, SEALED AND DELIVERED

WITNESSES

1. Signature Signature

Name Name

Date Date

Address Address

2. Signature

Name For and on behalf

Of the Service Provider Date

Address

____________