DRAFT AGREEMENT

This AGREEMENT entered into on this the ____ day of month, Two Thousand and Twelve at Mangalore for a period of 9 months towards package number ____ BETWEEN Mangalore City Corporation acting through THE COMMISSIONER, Mangalore City Corporation, Lalbagh, Mangalore (hereinafter referred to as ULB which expression shall unless excluded by or repugnant to the context, be deemed to include its successors and permitted assigns); OF THE ONE PART AND [Insert name and registered office address1 of the selected bidder], the successful bidder of package.. (Hereinafter referred to as the Service Provider which expression shall unless excluded by or repugnant to the context, be deemed to include its successors and permitted assigns), OF THE OTHER PART WHEREAS: A. Management of Municipal Solid Waste (MSW) is an obligatory function of ULB, under the Karnataka Municipalities Act, 1964 and the ULB is presently carrying out these functions. B. The ULB invited competitive proposals from eligible bidders to carry out the following activities in accordance with the Municipal Solid Waste (Management and Handling) Rules, 2000 (hereinafter referred to as the Project): i. Collection of Hotels, Restaurants, Choultaries, Convention Halls, Canteens, Fastfood, Juice Centres and other establishments within Mangalore City Corporation limits and transportation to the compost facility and / or landfill or the place as mentioned by the MCC Officials. ii. C. D. Workers and vehicles for each packages should be deployed as mentioned in the RFP document In response, the ULB received proposals from several bidders and after evaluation thereof, accepted the proposal submitted by the Service Provider. In pursuance thereto, the ULB hereby grants and authorises the Service Provider to carry out the aforesaid activities in accordance with the terms and conditions of this Agreement.

Office address in case of Individual

43

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

ARTICLE 1 DEFINITIONS AND INTERPRETATION

1.1

Definitions

In this Agreement, the following words and expressions shall, unless repugnant to the context or meaning thereof, have the meaning hereinafter respectively ascribed to them hereunder: Agreement means this Agreement, and includes any amendments hereto made in accordance with the provisions hereof. Applicable Law means all laws including Municipal Solid Waste (Management & Handling) Rules, 2000, Minimum Wages Act 1948, Workmens Compensation Act 1923, Contract Labor (Regulation & Abolition) Act, 1970, Child Labor (Prohibition and Regulation) Act, 1986 in force and effect as of the date hereof and which may be promulgated or brought into force and effect hereinafter in India including judgments, decrees, injunctions, writs or orders of any court of record, as may be in force and effect during the subsistence of this Agreement and applicable to the Project/the Service Provider. Applicable Permits means all clearances, permits, authorizations, consents and approvals required to be obtained or maintained by the Service Provider under Applicable Law, in connection with the Project during the subsistence of this Agreement. Compliance Certificate means the certificate to be obtained by the Service Provider in the format set out in Schedule 5 hereof. Contract Value shall mean the Service Fee payable by Mangalore city corporation, Mangalore to the Service Provider during the Agreement Period. Force Majeure or Force Majeure Event means an act, event, condition or occurrence as specified in Article 5.

44

Management Plan means the plan for the implementation of the Project, duly signed by the ULB in token of its approval. Material Adverse Effect means a material adverse effect on (a) the ability of the Service Provider to exercise any of its rights or perform/discharge any of its duties/obligations under and in accordance with the provisions of this Agreement and/or (b) the legality, validity, binding nature or enforceability of this Agreement. Parties means the parties to this Agreement and Party means either of them, as the context may admit or require. Termination means early termination of this Agreement pursuant to Termination Notice or otherwise in accordance with the provisions of this Agreement but shall not, unless the context otherwise requires, include expiry of the Agreement by efflux of time at the end of four months from the date of this Agreement. Termination Date means the date specified in the Termination Notice as the date on which Termination occurs. Termination Notice means the notice of Termination by either Party to the other Party, in accordance with the applicable provisions of this Agreement.

1.2

Interpretation

In this Agreement, unless the context otherwise requires,

a. any reference to a statutory provision shall include such provision as is from

time to time modified or re-enacted or consolidated so far as such modification or re-enactment or consolidation applies to, or is capable of being applied to any transactions entered into hereunder;

b. references to Applicable Law shall include the laws, acts, ordinances, rules,
regulations, notifications, guidelines or bylaws which have the force of law;

c. the words importing singular shall include plural and vice versa, and words
denoting natural persons shall include partnerships, firms, companies, corporations, joint ventures, trusts, associations, organizations or other entities (whether or not having a separate legal entity);

d. the headings are for convenience of reference only and shall not be used in,
and shall not affect, the construction or interpretation of this Agreement;

45

e. the words "include" and "including" are to be construed without limitation; f. any reference to day, month or year shall mean a reference to a calendar
day, calendar month or calendar year respectively;

g. the Schedules to this Agreement form an integral part of this Agreement as

though they were expressly set out in the body of this Agreement;

h. any reference at any time to any agreement, deed, instrument, license or

document of any description shall be construed as reference to that agreement, deed, instrument, license or other document as amended, varied, supplemented, modified or suspended at the time of such reference;

i.

references to recitals, Articles, sub-articles, clauses, or Schedules in this Agreement shall, except where the context otherwise requires, be deemed to be references to recitals, Articles, sub-articles, clauses and Schedules of or to this Agreement;

j.

any agreement, consent, approval, authorization, notice, communication, information or report required under or pursuant to this Agreement from or by any Party shall be valid and effectual only if it is in writing under the hands of duly authorized representative of such Party in this behalf and not otherwise;

k. any reference to any period commencing from a specified day or date and
till or until a specified day or date shall include both such days or dates; 1.3 The bidders/Corporation at any point of time during the contract period feels like quitting the contract should give letter of notice mentioning his intention to come out of contract 1 month prior to quitting. For Corporation the acceptance of Commissioner for the same is required and for bidders the letter of notice from Commissioner would be binding and any acceptance/rejection from bidders not required bringing the same to force. ARTICLE 2 OBLIGATIONS OF THE SERVICE PROVIDER In addition to and not in derogation or substitution of any of its other obligations under this Agreement, the Service Provider shall have the following obligations: 2.1 Performance Security

46

The Service Provider shall, for due and punctual performance of its obligations relating to the Project, deliver to ULB, simultaneously with the execution of this Agreement, a bank guarantee from a scheduled bank acceptable to ULB, in the form as set forth in Schedule 1, ("Performance Security) for a sum amounting to 5% of the total contract value or 10% of the contract value for the unbalanced tenders/bids contract value means the amount bid by the contractor for the entire contract period accounting to Rs.___________ (Rupees ) . a. The Performance Security shall be kept valid for the contract period and three months thereafter. 2.2 2.2.1 Municipal Solid Waste Management and Street Sweeping The Service Provider shall carry out the following activities in terms of the Management Plan and as set out in Schedule 2 hereto:

a. Within 10 days of the date of signing of the Agreement or extended date by

ULB if any, obtain license under the provisions of Contract Labour (Regulation & Abolition) Act, 1970, for works to be carried out in accordance with this Agreement. Upon issue of such license by the Department of Labour, the Service Provider shall submit a copy thereof to the ULB. ULB shall then issue the Letter of Commencement of work.

b. The contractor has to provide the workers and vehicles as mentioned in the
RFP document.

c. Transport the MSW to the designated locations; d. Collect MSW from the bulk generators of MSW and transport the same to
designated secondary containers / locations;

e. At its cost and expense, purchase and maintain insurance policies in respect
of its employees and equipment and vehicles, from time to time and promptly pay insurance premiums in respect of the policies, which shall be kept in force and valid throughout the period of this Agreement and furnish copies thereof to the ULB;

f. Be responsible for the operations and maintenance of the equipment and

vehicles as per conditions set out in Schedule 3 of this Agreement;

g. ensure that: i.
The employees of the Service Provider do not collect payment from the waste generators for the service provided; the service-provider or his representative (After getting approval from ULB) should only collect the user-fee charges.

47

ii. iii. iv. v.

There is no spillage of MSW during collection and transportation and the waste collected from different waste generators is not mixed. The collected MSW is not burnt or disposed off at any other locations The employees of the Service Provider maintain good relations with the generators of MSW. Adequate measures are adopted to meet health and safety standards of its employees by providing safety gear as set out in Schedule 4.

h. Ensure that the segregation of MSW into organic and inorganic waste at the
collection point.

i.

Report to ULB non-compliance by generators of MSW of the following:

i. ii. iii. j.

Not handing over MSW to the employees of Service Provider Not practicing segregation of MSW at source Throwing MSW on streets, footpaths etc.

Obtain Compliance Certificate from the designated ULB officials / residents on a monthly basis in respect of its obligations to collect and transport MSW in accordance with this Agreement as per the format set out in Schedule 5.

k. Make the payments to its employees by way of cheque only unless the
employee has worked for a period less than eight (8) days.

l.

The contractor should strictly follow the rules, regulations and instructions as depicted in this RFP document (ULB and service provider).

m. If the contractor works satisfactorily during the tenure of his contract

period, then the Commissioner will have the right if he considers so, to extend the contract period for another 4 months or so than that what is actually mentioned in this agreement. In such case all terms and conditions and bid value will remain the same and this agreement will be held valid for the same with additional agreement about the extension of contract appended to it.

n. Incase of any emergency sanitary works not coming under the purview of
contractors scope of work clearance of construction debris generated from demolition of illegal constructions from MCC etc., as decided by Health Officer/Environmental Engineer. In such cases no separate tender would be required to be called for to perform the same and the agreement copy of this tender would be held valid. In such cases the payment to the contractor would be made on the S.R rates and wherever SRs are not there then the payment would be made based on the Standard rates as approved by health

48

officer. The contractor should abide by this or else it would be considered as the non-compliance of contract terms and conditions. 2.1.2 The Service Provider shall at his cost and expense provide the equipment and vehicles for carrying out the activities set out in Clause 2.1.1 hereinabove. 2.3 General Obligations The Service Provider shall:

a. Procure all the Applicable Permits at its own cost and expense and be in
compliance thereof at all times during the period of this Agreement.

b. Comply with Applicable Laws at all times during the period of this
Agreement;

c. ensure that all aspects of the Project shall conform to the laws pertaining to
environment, health and safety aspects including Municipal Solid Waste (Management & Handling) Rules 2000, policies and guidelines related thereto;

d. shall at its cost and expenses obtain all necessary insurance cover of its
employees including accidents, personal injury, damages to third party in case of accidental death/bodily injury, loss or damage to property and so on;

e. ensure that the vehicles provided by him and used for carrying out the
various activities in MSW management and street sweeping are registered with the transport authorities concerned, Karnataka State Pollution Control Board and ensure that requisite insurances, taxes are promptly paid / arrange to be paid.

f. not sub-contract any part or whole of its obligations.

ARTICLE 3 THE ULBs OBLIGATIONS 3.1 In addition to and not in derogation or substitution of any of its other obligations under this Agreement, the ULB shall have the following obligations:

49

a.

In case of non-compliance by the generators of MSW, ensure that they comply with MSW management practice as notified by ULB from time to time including: Practice MSW segregation into organic and inorganic components. Do not throw MSW on streets, footpaths and other public area or burn the same.

i. ii.

b. In case of change in any law the ULB shall reimburse to the Service Provider such additional sums of money, if any, the Service Provider may have to incur as a result of change in law. 3.2 General Obligations ULB shall:

a. where appropriate, provide necessary assistance to the Service Provider in

securing Applicable Permits;

b. Register with the local office of the Labour Department and obtain
certificate of registration;

c. Observe and comply with all its obligations set forth in this Agreement. d. Resolve disputes, if any, between the Service Provider and the generators of
MSW. ARTICLE 4 PAYMENT TERMS 4.1 Payment of service fee

a. Subject to the provisions of this Agreement and in consideration of the

Service Provider undertaking to perform and discharge its obligations in accordance with the terms, conditions and covenants set forth in this Agreement, the ULB agrees and undertakes to pay to the Service Provider a fee of Rs. _______ (Rupees _______________________ only/-) per month (Service Fee).

b. The Service Provider shall be required to submit bills and Compliance

Certificate by 4th day of every month. ULB upon verification of the same shall release payments to the Service Provider after taking into account any deductions / fine / penalties imposed by the ULB within 7 days In case of

50

dispute, the undisputed amount will be paid and the disputed amount will be verified and if found in order shall be paid along with the bills for the following month..

c. All payments to the Service Provider shall be made by way of account payee
cheque drawn in favour of the Service Provider, and payable at Mangalore.

ARTICLE 5 FORCE MAJEURE 5.1 Force Majeure Event

Any of the following events resulting Material Adverse Effect shall constitute Force Majeure Event: (a) earthquake, flood, inundation, landslide, (b) fire caused by reasons not attributable to the Service Provider or any of the employees of the Service Provider for purposes of the Project; (c) acts of terrorism, war, invasion, rebellion, riots, military action or civil war; If the Parties are rendered unable to perform any of their obligations under this Agreement because of a Force Majeure Event, save and except as expressly provided in the Agreement, neither Party hereto shall be liable in any manner whatsoever to the other Party arising out of occurrence or existence of any Force Majeure Event. ARTICLE 6 EVENTS OF DEFAULT AND TERMINATION 6.1 Events of Default

Event of Default means either Service Provider Event of Default or ULB Event of Default or both as the context may admit or require.

51

a.

Service Provider Event of Default

Any of the following events shall constitute an event of default by the Service Provider (Service Provider Event of Default) except where performance has been prevented by a Force Majeure Event. i. ii. The Service Provider has stopped collection of MSW from the Bulk generators of MSW for any day as per the Management Plan, The Service Provider has stopped collection of MSW from the designated locations and transportation of the same to compost facility and / or landfill for any day. iii. iv. The Service Provider has failed to provide equipment and vehicles as stated in Clause 2.1.2. The Service Provider has failed to adhere to any other performance obligations under the Agreement; and the same has not been remedied for more than 3 days; v. vi. Penalty amounts as payable by the Service Provider is equal to or greater than 10% of the Contract Value; The Service Provider has repudiated or abandoned the Project; The Service Provider failed to deploy the workers and vehicles and failed to work as mentioned in the RFP document b. ULB Event of Default

Any of the following events shall constitute an event of default by the ULB ( "ULB Event of Default), unless caused by a Service Provider Event of Default or a Force Majeure Event: i. ii. The ULB has failed to make any payments due to the Service Provider and more than 30 days have elapsed since such default; The ULB has failed to adhere to any other performance obligations under the Agreement; and the same has not been remedied for more than 30 days of receipt of notice thereof issued by the Service Provider; 6.2 Penalties In case of a Service Provider Event of Default or non - performance of its obligations, the Service Provider shall pay to the ULB penalty amounts as set out in Schedule 8.

52

6.3

Termination due to Event of Default a. Termination for Service Provider Event of Default Without prejudice to any other right or remedy which the ULB may have in respect thereof under this Agreement, upon the occurrence of a Service Provider Event of Default, the ULB may terminate this Agreement by issuing a termination notice setting out the underlying Event of Default and the termination date. The Service Provider shall continue to perform its obligations under the Agreement till Termination Date. b. Termination Payments Upon Termination of this Agreement on account of Service Provider Event of Default, the Service Provider would not be entitled to any compensation from the ULB and the Performance Security shall be forfeited. Upon Termination of this Agreement on account of ULB Event of Default, the Service Provider would be entitled to the payments due from the ULB and the Performance Security shall be released. c. Pre-mature Termination: Incase MCC wants to pre-maturely terminate the contract, and then MCC shall give one month prior notice to the contractor about the same & terminate the contract. The contractor shall abide by this termination even if ongoing contract is run successfully. MCC in no way would compensate the loss incurred by the contractor on such termination.

ARTICLE 7 DISPUTE RESOLUTION 7.1 Amicable Resolution Save where expressly stated to the contrary in this Agreement, any dispute, difference or controversy of whatever nature between the Parties, howsoever arising under, out of or in relation to this Agreement, shall in the first instance be attempted to be resolved amicably by meetings between the Parties. 7.2 Arbitration Any dispute which is not resolved amicably shall be finally settled by binding arbitration, with the Commissioner, Mangalore City Corporation, serving as

53

the sole Arbitrator. The place of arbitration shall ordinarily be the Deputy Commissioners office. The Parties agree that the decision or award resulting from arbitration shall be final and binding upon the Parties. Pending the submission of and/or decision on a dispute, the Parties shall continue to perform their respective obligations under this Agreement without prejudice to a final adjustment in accordance with such arbitration award. ARTICLE 8 MISCELLANEOUS 8.1 Governing Law and Jurisdiction This Agreement shall be governed by the laws of India and courts of the district head quarters will have jurisdiction relating to all matters arising from this Agreement. 8.2 Amendments This Agreement and the Schedules together constitute a complete and exclusive understanding of the terms of the Agreement between the Parties on the subject hereof and no amendment or modification hereto shall be valid and effective unless agreed to by all the Parties hereto and evidenced in writing. 8.3 Intent and Effect Each of the Parties hereto undertakes to fully and promptly observe and comply with the provisions of this Agreement. 8.4 Non-Waiver No omission or delay on the part of any Party in requiring a due and punctual fulfillment by any other Party of its obligations hereunder shall constitute, or be deemed to constitute, a waiver of any of such Partys rights to require such due and punctual fulfillment and in any event shall not constitute or be construed as a continuing waiver and/or as a waiver of other or subsequent breaches of the same or other (similar or otherwise) obligations of such other Party hereunder or as a waiver of any remedy. 8.5 Binding Effect

54

Subject to the terms and conditions hereof, this Agreement is binding upon and shall ensure to the benefit of the Parties and their respective successors and permitted assigns. 8.6 Invalid Provisions If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future Law, and if the rights or obligations under this Agreement shall not be materially and adversely affected thereby, (a) such provision shall be fully severable; (b) this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (c) the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance here from. 8.7 Additional Document Each Party hereto shall promptly execute and deliver such additional documents and Agreements as are envisaged in this Agreement and any other Agreement or document as may be reasonably required for the purpose of implementing this Agreement, provided that no such document or Agreement shall be inconsistent with the spirit and intent of this Agreement 8.8 Counterparts This Agreement may be executed simultaneously in two counterparts, each of which shall be deemed an original, but both of these shall together constitute one and the same instrument. 8.9 Notices All notices, requests, demands and other communications made or given under the terms of this Agreement or in connection herewith shall be in writing and shall be either personally delivered, transmitted by postage prepaid registered mail (confirmed and writing by postage prepaid registered mail), and shall be addressed to the appropriate Party at the following address or to such other address or place as such Party may from time to time designate: To the ULB at: The Commissioner, Mangalore City Corporation, Lalbagh,

55

M.G.Road, Mangalore 575 003. To the Service Provider at: Unless another address has been specified by a Party hereto by written notice thereof to the other Party, any notice, request, demand or other communication given or made pursuant to this Agreement shall be deemed to have been received (i) in the case of personal delivery, on the date of delivery, (ii) in the case of mail delivery, on the date which is fifteen (15) days after the mailing thereof and (iii) in the case of a telex or cable, the date of dispatch thereof. IN WITNESS WHEREOF THE, PARTIES HAVE EXECUTED AND DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN. SIGNED SEALED AND DELIVERED For and on behalf of THE ULB by The Commissioner, Mangalore City Corporation, Lalbagh, M.G.Road Mangalore 575 003. SIGNED, SEALED AND DELIVERED For and on behalf of the Service Provider by:

(Signature)

In the presence of. 1

56

Schedule 1 PERFORMANCE SECURITY (PROFORMA OF BANK GUARANTEE)7 THIS DEED OF GUARANTEE executed on this the ____day of ______at ________________ by ___________________________ (Name of the Bank) having its Head/Registered office at ________________________________________ hereinafter referred to as the Guarantor which expression shall unless it be repugnant to the subject or context thereof include successors and assigns; In favor of Mangalore City Corporation, Mangalore represented by the Commissioner and having its office at Mangalore City Corporation, Lalbagh, Mangalore, hereinafter referred to as ULB, which expression shall, unless repugnant to the context or meaning thereof include its administrators, successors or assigns. WHEREAS A. By the Agreement (the Agreement) dated ------- entered into between ULB and [insert name of Successful Bidder], a company incorporated under the provisions of the Companies Act, 1956/firm, having its registered office/ permanent address at [insert address] 8, (the Service Provider), the Service Provider has agreed to provide services for management of MSW and street sweeping, (hereinafter referred to as the Project).
7

To be issued by a Scheduled Bank in India Insert name and address, if it is an individual

57

B. In terms of the said Agreement, the Service Provider is required to furnish to ULB, an unconditional and irrevocable bank guarantee for an amount of Rs. [insert amount] [Rupees (insert amount in words)] as security for due and punctual performance/discharge of its obligations under the Agreement, relating to the execution of the Project. C. At the request of the Service Provider, the Guarantor has agreed to provide bank guarantee, being these presents guaranteeing the due and punctual performance/discharge by the Service Provider of its obligations relating to the Project. NOW THEREFORE THIS DEED WITNESSETH AS FOLLOWS:

1. The Guarantor hereby irrevocably guarantees the due and punctual performance
by Service Provider of all its obligations relating to the Project and in connection with execution of the Project as envisaged in the Agreement.

2. The Guarantor

shall, without demur, pay to ULB sums

not exceeding in

aggregate Rs. [insert amount] [Rupees (insert amount in words)], within [insert

number of days] calendar days of receipt of a written demand therefore from

ULB stating that the Service Provider has failed to meet its obligations under the Agreement. The Guarantor shall not go into the veracity of any breach or failure on the part of the Service Provider or validity of demand so made by ULB and shall pay the amount specified in the demand notwithstanding any direction to the contrary given or any dispute whatsoever raised by the Service Provider or any other Person. The Guarantors obligations hereunder shall subsist until all such demands are duly met and discharged in accordance with the provisions hereof.

3. In order to give effect to this Guarantee, ULB shall be entitled to treat the
Guarantor as the principal debtor. The obligations of the Guarantor shall not be affected by any variations in the terms and conditions of the Agreement or other documents or by the extension of time for performance granted to the Service Provider or postponement/non exercise/ delayed exercise of any of its rights by ULB or any indulgence shown by ULB to the Service Provider and the Guarantor shall not be relieved from its obligations under this Guarantee on account of any such variation, extension, postponement, non exercise, delayed exercise of any of its rights by ULB or any indulgence shown by ULB, provided nothing contained herein shall enlarge the Guarantors obligation hereunder.

58

4. This Guarantee shall be irrevocable and shall remain in full force and effect until
______unless discharged/ released earlier by ULB in accordance with the provisions of the Agreement. The Guarantors liability in aggr egate be limited to a sum of Rs. _____________ (Rupees _____________ Only).

5. This Guarantee shall not be affected by any change in the constitution or

winding up of the Service Provider/the Guarantor or any absorption, merger or amalgamation of the Service Provider/the Guarantor with any other person.

6. The Guarantor has power to issue this guarantee and discharge the obligations
contemplated herein, and the undersigned is duly authorized to execute this Guarantee pursuant to the power granted under ______________. IN WITNESS WHEREOF THE GUARANTOR HAS SET ITS HANDS HEREUNTO ON THE DAY, MONTH AND YEAR FIRST HEREINABOVE WRITTEN. SIGNED AND DELIVERED by ____________________________________Bank by the hand of Shri _______________________ its __________________and authorised official.

The scope of work shall be as described in Appendix A titled Scope of work as mentioned in the RFP document Definitions of Terms In formulating the conditions and the annexed specifications in this RFP, the following words shall have the meanings herein assigned to them unless there is something in the subject or context inconsistent with such construction. 1. 2. 3. Corporation / MCC/ ULB means Mangalore City Corporation. The Department means Mangalore City Corporation. The Contractor or Bidder shall mean the Individual / Firm / Group of Individuals / Bidder / Consortium / Bidder whose Bid has been accepted

59

by the Corporation and shall include the legal representatives / Legal heirs, and Nominees.. 4. The Contract shall mean and include the General Conditions, Specifications, Schedules, Drawings, Form, the Bid, Covering letter, Schedule of Prices, Packages or the Final Conditions or any special conditions applying to the particular contract specification and drawing and the final agreement to the entered into under the general conditions. 5. The Specification shall mean the qualitative and / or quantitative description of performance standards of the machinery, equipment, works etc., 6. The site shall mean proposed location of the package consisting of various nos. of Wards. 7. Month means calendar month. 8. Written shall include any manuscript or typewritten or printed statement, under or over signature and seal as the case may be. 9. The Inspecting Authority shall mean the Corporation or the Commissioner for the time being or such other person as may be duly authorized by him to act as an Inspecting Authority for the purpose of the contract. 10. Contract Value shall mean that monthly contract amount agreed by the Corporation would be awarded. 11. Approval shall mean the written approval of the Commissioner / Department / Corporation. 12. Ward shall mean geographical jurisdiction of the elected Councilor. 13. Family shall mean Husband wife and minor children. 14. Ownership shall mean, having registered ownership of any article by any member of family in case individuals and by any member nominated by the firm in case of firms. 15. The word shall is to be considered as should, which has to be mandatory. 16. MCC officials means Commissioner and concerned officials from Health Department 17. Offender is the one who violates the Terms and conditions of contract. Note: Words imparting the singular only shall also include the plural and vice-versa wherever the context requires. The Terms and conditions depicted in agreement of this document should be strictly followed, Definitions of terminologies depicted in this RFP and agreement has to be referred, which holds good for the entire document

60

Schedule 4 Health and Safety Standards and Safety Gear 1. The Service Provider shall ensure that the vehicles and equipment used for performing the activities envisaged under the Project are cleaned / washed / disinfected at least once a week. 2. The Service Provider should facilitate regular health checkups of its employees, the periodicity of which needs to be finalized in consultation with the ULB officials. 3. The Service Provider shall provide the following9 to its employees: a. b. c. d. e. f. g. Uniform Gloves Masks Aprons Appropriate foot wear Gum boots Other implements, if any Schedule 5 Compliance Certificate The ULB would appoint two prominent citizens in the Project Area to certify that the Service Provider is discharging all his obligations set out in this Agreement. The Health Inspector would be required to certify the same in the manner indicated in the format. For the month of [insert month] , 2011 Days in the month 1 2
9

Daily collection of wet waste

Collection of dry waste approved management plan as per Sign of the Health Inspector

Strike out whichever is not relevant

61

3 4 and so on The ULB would designate an officer to certify that the Service Provider is discharging all his obligations set out in this Agreement. For the month of [insert month], 2011:
Transportation of MSW other than door to door Days collection from designated locations to compost facility / landfill Sweeping of streets/footpa ths/pavement as per approved management plan Cleaning of drains as per approved management plan Collection and transportation of MSW from bulk generators as per approved management plan Signature of ULB official

1 2

Schedule 7
Standards and Specifications for the Tools, Equipment and Vehicles The vehicles and equipment required for project execution are as indicated in the following table: Tools, Equipment and Vehicles to be provided by the Service Provider Sl. No. 1 2 3 4 5 6 7 8 Equipment / Vehicles Tippers/ lorries Metal plate Ghamela (6 months) Hand gloves (yearly) Rain coats (yearly) Gum boots (yearly) Uniforms (yearly) Face masks (yearly) To be provided [Yes ] [Yes ] [Yes ] [Yes ] [Yes ] [Yes ] [Yes ] [Yes ]

62

Schedule 8 Penalties Service Provider Event of Default Sl. No. 1

Item

Penalty

Failure to cover bulk collection centers 2% of the daily payment of the for one day from Non collection of MSW from designated center and transportation to compost facility and / or landfill, even for a single day Non- performance of any other particular package 2% of daily payment, if found repeating the same thing 4% of the daily payment.

obligation under the Agreement for a continuous period of 2 days Not providing the tools & equipment for continuous 2 days

5% of daily payment.

2% of daily payment.

Note: The total penalty amount should not exceed 10% of the contract value

63