Escolar Documentos
Profissional Documentos
Cultura Documentos
and
Debendra Narayan Sarkar Charitable Hospital, having its registered office at vill- Kondolia,
PO- Parulia, Suti-II Block, Murshidabad
hereinafter referred to as “the Second Party”.
WHEREAS
A. The Government of West Bengal has, to meet the ever-growing need of quality health and
medical care service, decided to partner with the private sector in its endeavor to provide
cost effective and good quality health care services to the public;
B. One of the areas identified by Government of West Bengal for implementing projects with the
participation of private sector is for providing institutional delivery services through Public
Private Partnerships.
C. DoHFW invited proposals from eligible private parties for implementing the Project (as
hereinafter defined) and in response thereto received proposals from several such parties
including the Second Party for the same.
D. After evaluating the proposals, DoHFW accepted the proposal submitted by the Second
Party.
1.1 Definitions
Beneficiaries: Pregnant women from BPL and all SC/ST families, having registered with the
ANMs and having undertaken atleast three ante natal check ups at the
government sub center or any other nearby public facility
Normal Delivery Average size baby (2.5 – 2.7 kgs by India standards), delivered vaginally,
without any excessive bleeding or injury either to mother or baby, without any
episiotomy, within a time period of approximately 12 hours in case of primi
gravida (first pregnancy) and within 3 – 4 hours approximately in case of multi
gravida (second pregnancy onwards).
Scheme: Ayushmati Scheme for the proposed public private partnership as approved by
the Department and as amended from time to time by the Department
SOP: Standard Operating Procedures for the Ayushmati Scheme as approved by the
Department and as amended from time to time by the Department.
1.2 Interpretations
2.1 Services
The project is the “Ayushmati Scheme” under which eligible beneficiaries will be entitled to the
following services at the facility of the private partner empanelled and selected vide this
Agreement:
a. Normal delivery
b. Cesarean Sections
c. One OPD visit of the mother and new born child post delivery within six weeks of
discharge from the facility.
d. BCG and Polio-0 to the New Born
2.2 The following investigations are a part of the services under the Ayushmati Scheme:
3.1 This agreement is for a duration of and is valid for one calendar year from the date of
signing this Agreement.
3.2 The First Party, at its sole discretion, may extend the duration of the Agreement based on
performance appraisal of the Second Party. The Second Party, however, cannot treat
any such extension as its right under this Agreement.
a. The Second party shall deliver the required services as detailed out under Article 2 of this
agreement
b. The Second party shall provide proper infrastructure including trained and skilled
manpower, space and equipment for the delivery services as per the requirement laid
down in Article 2 of this Agreement.
c. The Second party shall provide BCG and Polio-0 to the New Born strictly as per the
guidelines for immunization laid down by the Government of India.
d. The Second party shall at any point of time make available at least 2 of the beds in their
facility for the purposes of the beneficiaries under the Ayushmati Scheme having valid
documentary evidence of their status as a beneficiary of the Scheme.
e. The Second party shall not refuse any pregnant woman registered under the Ayushmati
Scheme so long as the required number of beds as per Clause 4.1d above are not filled
up.
a. The Second Party shall make available required qualified, trained and skilled human
resources as per the “Ayushmati Scheme” and “Standard Operating Procedures” which
form an integral part of this Agreement.
b. The Second Party shall arrange for hands on skill-based training of RMOs and Nurses in
collaboration of district level government officials as nominated by the First Party.
a. The Second party shall, for all complicated cases, which are beyond the clinical
management capacity of the Second Party, refer all such cases to the Jangipur
Subdivisional Hospital facility.
b. The Second Party shall follow as the protocols for referral as mentioned in the Standard
Operating Procedures for the Ayushmati Scheme, which form an integral part of this
Agreement.
c. The Second Party shall not discriminate any registered beneficiary of the Scheme from
other patients accessing that facility and shall not discriminate on grounds of caste,
colour, creed, culture, religion, economic class and HIV status.
d. The Second Party shall ensure that a skilled person accompanies the pregnant woman to
the designated referral facility in case of such eventuality.
4.4 Compliance
a. The Second party shall strictly adhere to the provisions of this Agreement and the
“Ayushmati Scheme” and “Standard Operating Procedures” which form an integral part of
this Agreement.
b. The Second Party shall maintain MIS and submit regular reports as per the provisions
laid down in the “Ayushmati Scheme” and “Standard Operating Procedures” which form
an integral part of this Agreement.
c. The Second Party shall extend cooperation and support to the Monitoring Team as
nominated by the First Party and shall facilitate all monitoring processes and tasks as per
the provisions laid down in the “Ayushmati Scheme” and “Standard Operating
Procedures” which form an integral part of this Agreement.
d. The Second Party shall abide by all the quality assurance protocols and norms as per the
provisions laid down in the “Ayushmati Scheme” and “Standard Operating Procedures”
which form an integral part of this Agreement.
a. The Second Party shall display the banner with the logo and the text exactly as specified
by the First Party, which is mentioned in the “Ayushmati Scheme” and “Standard
Operating Procedures” which form an integral part of this Agreement.
b. The Second Party shall not make any statements to the media or any third party on
behalf of the Services under the Scheme or on behalf of the First Party or any of its
representatives / wings / arms.
a. The Second Party shall not, without prior written approval of the First Party, disclose to
any third party any confidential information obtained during or arising from this
Agreement (other than in the proper performance of this contract or as may be required
by the authority of competent jurisdiction).
5.1 The First Party shall constitute a District Monitoring Team for the monitoring of services
delivered by the Second Party under this Agreement and deploy the team for undertaking
the monitoring exercise as per the provisions laid down in the “Ayushmati Scheme” and
“Standard Operating Procedures” which form an integral part of this Agreement.
5.2 The First party shall ensure timely reimbursement of claims and settlement of utilization
claims submitted by the Second Party.
5.3 The First Party shall arrange for class room orientation programme for the technical staff
working for the Ayushmati Scheme deployed by the Second Party.
5.4 The First Party shall be responsible for performance appraisal of the Second Party at the
end of the agreement period for any further decisions on the renewal of the agreement.
5.5 The First party shall conduct maternal death audits through its appointed body to
determine the cause(s) of death and therefore fix responsibilities as to whether the death
resulted out of non performance or negligence of services on the part of the Second
Party.
6.1 For a group of 100 deliveries, irrespective of the number of normal and cesarean sections
conducted from among the batch of 100 cases including investigations mentioned under
“Services” in Article 2 of this Agreement, the cost of the package will be Rs 179,000/-
(Rupees One lakh and seventy nine thousand only), the unit rate being Rs 1790/-
(Rupees One thousand Seven Hundred and Ninety only) per case.
6.2 The package costs mentioned above include doctors’ charges, injections oxytocin, IV drip
set, drip bottles, injection methergin, injection epidocin, injection Rantac, injection Reglan,
charge of labour table, attending nursing staff, one day bed stay and all other medical
and non medical supplies required for ensuring safe delivery as per the provisions of the
Standard Operating Procedures for Normal Delivery; and doctors’ and all specialists’
charges, medicines including antibiotics injections, oxytocin injection, IV drip set, drip
bottles, methergin injections, other medicines, user suckers, OT charges, attending
nursing staff charges, 5-7 day bed stay and all other medical and non medical supplies
required for ensuring safe delivery as per the provisions of the Standard Operating
Procedures for Cesarian section.
6.3 The Second Party shall not be responsible for the transportation cost of the patient if a
referral is required to the designated facility.
6.4 The Second Party shall be entitled to a claim of Rs 75/.- per case for all cases where the
Second Party has had to make referrals and has ensured as per the provisions of this
Agreement that a person trained in First Aid care is accompanying the patient to the
referral point. At the time of making all such claims, the Second party shall be bound to
provide all evidences and documentation as detailed out in the Standard Operating
Procedures for the Ayushmati Scheme, which forms an integral part of this Agreement.
6.5 The Second Party shall not be entitled to any advance payment from the First Party at
the time of entering into this Agreement.
6.6 The Second Party shall raise bills along with utilization details and records as per the
guidelines stipulated in the Standard Operating Procedures of this Scheme on a monthly
basis within five working days of the next month. All such claims / bills shall be duly
authorized and signed by the authorized representative of the Second Party.
6.7 The First Party shall, after due diligence and verification of claims and related documents
submitted by the Second Party, reimburse the claims within 15 working days from the
date of submission of claims to the Second Party through account payee cheque /
demand draft only after deduction of taxes, if any, as per the applicable income tax laws
at that point of time.
6.8 The First Party shall have the right to inspect and call for physical verification of any or /
and all records related to utilization and claims without any prior notice and the Second
Party shall make available all such information / records for verification as and when
called for.
The Second Party represents and warrants to the First Party that:
a. It is duly organized, validly existing and in good standing under the laws of India;
b. It has full power and authority to execute, deliver and perform its obligations under
this Agreement and to carry out the transactions contemplated hereby;
c. It has taken all necessary corporate and other action under Applicable Laws and its
constitutional documents to authorize the execution, delivery and performance of this
Agreement;
d. It has the financial standing and capacity to undertake the Project;
e. This Agreement constitutes its legal, valid and binding obligation enforceable against
it in accordance with the terms hereof;
f. It is subject to civil and commercial laws of India with respect to this Agreement and it
hereby expressly and irrevocably waives any immunity in any jurisdiction in respect
thereof;
g. The execution, delivery and performance of this Agreement will not conflict with,
result in the breach of, constitute a default under or accelerate performance required
by any of the terms of the Second party’s Memorandum and Articles of Association or
any Applicable Laws or any covenant, agreement, understanding, decree or order to
which it is a party or by which it or any of its properties or assets are bound or
affected;
h. There are no actions, suits, proceedings or investigations pending or to the Second
Party’s knowledge threatened against it at law or in equity before any court or before
any other judicial, quasi judicial or other authority, the outcome of which may in the
,
aggregate result in Material Adverse Effect;
i. It has no knowledge of any violation or default with respect to any order, writ,
injunction or any decree of any court or any legally binding order of any Government
Agency which may result in Material Adverse Effect;
j. It has complied with all Applicable Laws and has not been subject to any fines,
penalties, injunctive relief or any other civil or criminal liabilities which in the
aggregate have or may have Material Adverse Effect;
k. No representation or warranty by the Second Party contained herein or in any other
document furnished by it to DoHFW or to any Government Agency in relation to
Clearances contains or will contain any untrue statement of material fact or omits or
will omit to state a material fact necessary to make such representation or warranty
not misleading; and
l. No bribe or illegal gratification has been paid or will be paid in cash or kind by or on
behalf of the Second Party to any Person to procure the Concession.
a. The First Party represents and warrants to the Second Party that:
b. The First Party has full power and authority to grant the Concession;
c. The First Party has taken all necessary action to authorize the execution, delivery
and performance of this Agreement;
d. This Agreement constitutes the First Party’s legal, valid and binding obligation
enforceable in accordance with the terms hereof.
Article 10 Indemnity
10.1 The Second Party shall indemnify, defend and hold the First Party harmless against any
and all proceedings, actions and third party claims arising out of a breach by the Second
Party of any of its obligations under this Agreement.
10.2 The Second Party shall be personally responsible for any act of negligence or mistake,
for which the third party or the patients may put up the claims against the Second Party.
For such claims, the First Party shall not be held responsible in any circumstance or
event.
The laws of The Republic of India shall govern this Agreement. The Courts in West Bengal, India
shall have jurisdiction over all matters arising out of or relating to this Agreement.
This Agreement constitutes the entire understanding between the parties hereof with and
supercedes any previous expressions of intent, correspondence or understandings in respect of
the Project.
Without prejudicing the aforesaid, the Parties hereby agree that in case of any inconsistency
between the provisions of this Agreement and the Scheme and SOP, the provisions of the
Scheme and SOP shall prevail.
If at any time during the tenure of this contract, either party is unable to perform their respective
obligations herein by reason of the occurrence of any force majeure event and not deliberate,
delayed, hindered, prevented by an event or events beyond the reasonable control of the party,
that party (“Affected Party”) shall inform the other by notice in writing, of the occurrence of such
force majeure condition which prevented them from performing their obligation and such non-
performance shall not be treated to be a breach of the terms of this contract. Both parties shall
endeavour to perform all other obligations if possible to ensure that this contract is executed to
the best of their abilities. Provided that in the event the Affected Party continues to be unable to
perform their obligations due to the continuance of the force majeure event for a period greater
than three months from the date of notice, the other party shall be entitled to terminate this
contract forthwith.
Article 15 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.
Article 16 Notices
Unless otherwise stated, notices to be given under this Agreement including but not limited to a
notice of waiver of any term, breach of any term of this Agreement and termination of this
Agreement, shall be in writing and shall be given by hand delivery, recognized international
courier, mail, telex or facsimile transmission and delivered or transmitted to the Parties at their
respective addresses set forth below:
__________
Or such address, telex number, or facsimile number as may be duly notified by the
respective Parties from time to time, and shall be deemed to have been made or
delivered (i) in the case of any communication made by letter, when delivered by hand,
by recognized international courier or by mail (registered, return receipt requested) at that
address and (ii) in the case of any communication made by telex or facsimile, when
transmitted properly addressed to such telex number or facsimile number.
Article 17 Severability
If for any reason whatsoever any provision of this Agreement is or becomes invalid, illegal or
unenforceable or is declared by any court of competent jurisdiction or any other instrumentality to
be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining
provisions shall not be affected in any manner, and the Parties shall negotiate in good faith with a
view to agreeing upon one or more provisions which may be substituted for such invalid,
unenforceable or illegal provisions, as nearly as is practicable. Provided failure to agree upon any
such provisions shall not be subject to dispute resolution under this Agreement or otherwise.
IN WITNESS WHEREOF the parties hereto of the first and second part have set and
subscribed their respective hands and seals on the day, month and year first above
written.
___________________________________________
on behalf of the District Health and family Welfare Samity, ______ District, Government of West
Bengal in the presence of: