(Sample Contract Agreement)

This draft agreement is subject to change/fine tuning before final award of the contract

(Sample Contract Agreement)

AGREEMENT FOR HALL OF RESIDENCE NO. ? __

THIS AGREEMENT has been made on this __th day of October, 2012 at IIT Kanpur BETWEEN Indian Institute of Technology Kanpur (hereinafter referred to as the Institute) incorporated as a body of corporate under the Institute of Technology Act, 1961, through its Director (represented by Dean of Students' Affairs, Chairman, Council of Wardens & Warden-in-Charge/Warden of Hall of Residence No.-__.)

AND M/s __________ registered under ________________________ and having it's office at __________________________________________________ (hereinafter referred to as The Service Provider which expression shall include his/their respective heirs, executors, administrators and assignees), represented by _____________________________ on the other part.

AND whereas the Institute has empanelled some agencies for providing operational services to its mess of Halls of Residence as per the terms and conditions, specifications and general conditions of the contract, as attached along with this agreement. AND whereas the said terms and conditions, specifications as well as the scope of work to be done, as set out in the General Conditions of the contract, have been accepted and signed by the Service Provider.

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AND whereas the Service Provider has agreed to execute, upon and subject to the condition set forth herein, (hereinafter referred to as the said conditions) the work shown in the General Conditions of the Contract. AND whereas the Service Provider has deposited a sum of Rs. __________ (___ lakhs only) as earnest money in the form of a Demand Draft No. ________ dated _______ issued by ___________________ in favour of Hall Management, IIT Kanpur payable at UBI, I.I.T. Branch Kanpur as performance guarantee for the said work and has agreed that this be retained by the Institute as part of Security Deposit of Rs. 5,00,000/- (Five Lakhs only)

AND whereas the Service Provider has promised to deposit Rs. __________ (_____ lakhs only) as remaining part of the security deposit in the form of a Bank Draft latest by __________

AND whereas in pursuance thereof the Service Provider has commenced the work with effect from October 01, 2012.

NOW therefore it is hereby agreed as follows: 1. In consideration of the payments to be made to the Service Provider, as hereinafter provided and agreed to by both the parties, the Service Provider shall upon and subject to the said condition execute and complete the contract. 2. The Institute shall pay the Service Provider such sums as shall become payable hereunder at the time and in the manner specified in the said conditions. 3. The Quality of performance related to the work is the essence of the Contract and in the event of failure to perform as per term and conditions of the Contract and to the satisfaction of the Institute; the Service Provider shall be penalized as per provisions of the Contract. 4. The scope of work and prices Schedule of Quantities and conditions shall be according to the terms and conditions of this contract and the decision of the mutually agreed sole Arbitrator as appointed by the Deputy Director of the

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institute, in reference to all matters of dispute in relation to this agreement or otherwise pertaining to the general condition of the contract shall be final and binding on both parties. 5. The said conditions and appendix thereto shall be read and constructed as forming part of this agreement and the parties hereto will respectively abide by and submit themselves to the conditions and perform the agreement on their parts respectively in such conditions contained. 6. All disputes arising out of or in any way connected with this agreement shall be deemed to have arisen in Kanpur and only courts in Kanpur shall have jurisdiction to determine the same. 7. The several parts of this contract have been read to us and fully understood by us. IN WITNESS WHEREOF the parties hereto have set their respective hands the day and the year herein above written.

Dean of Students' Affairs

__________________________ M/s ____________________ _______________________ _______________________ (On behalf of Service Provider)

In the presence of:

1_____________________________

Chairman, Council of Wardens Warden, Hall of Residence No.-__

2. ______________________

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GENERAL CONDITIONS OF THE CONTRACT FOR PROVIDIG OPERATIONAL SERVICES IN THE MESS OF HALL

OF RESIDENCE NO.-__

1.0 Definition of terms:

ARTICLE--1

In this Contract (as hereinafter defined) the following words and expressions shall have meanings hereby assigned to them, except where the context requires otherwise:

1.1 The "Contract" shall mean the agreement between the Institute and the service provider, duly signed by the parties to the Agreement, through their authorized representatives, for the execution of the work as described in the Scope of Work of this document and all terms and conditions mentioned herein after.

1.2 The "Service provider" shall mean the person or persons, the firm or company who's application for execution of work has been accepted by the Institute and includes the Service provider's legal representatives, his successors and permitted assignees.

1.3 The "Empanelment" shall mean enlistment of service provider for a limited period of 2 (Two) years, extendable at the end of the empanelment period at the discretion of institute, for providing operational services in the messes of Halls of Residences on the campus of the Institute.

1.4 The "Hostel" shall mean the Hall of Residence No.-__ and the "Warden incharge" shall mean the person nominated by the Institute from time to time as warden incharge of the concerned hall of residence and shall include those who are expressly authorized by him/her to act on his/her behalf, for operation of this contract and supervision of work. The Warden-incharge/Warden or such representatives shall have power to impose appropriate penalty in case there are violations of the provisions of the contract.

1.5 The "Institute" shall mean the Indian Institute of Technology Kanpur (IITK) with its premises located at Kalyanpur, Kanpur 208016 and shall include its authorized representatives, successors and assignees.

1.6 The "Letter of Empanelment" shall mean an official intimation from the Institute to empanelled agencies.

1.7 The "Hostel Executive Committee (HEC)" shall mean a committee of elected residents and hostel administration, which will be authorized to

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regulate the activities related to the mess of Hall-__ on a day to day basis.

1.8 The "Work" shall mean and include all works to be executed, all items and things to be provided/done and services and activities to be performed by the service provider in accordance with the contract.

________________

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ARTICLE--2

2.0 Description of the Hall of Residence No.-__

2.1 The Hall of Residence No.-__ is a ____s' Hostel situated inside the campus of the Institute with an exclusive and fully secured premise of its own. The hostel is fully accessible for transport. The Hostel comprises rooms for residents with a centrally located dining facility, administrative block, coffee shop, etc. The hostel is designed to accommodate a total of ___ students approximately with a minor variation.

2.2 The hostel residents generally stay on the premises and avail dining services throughout the academic year.

2.3 Scholars otherwise employed in Institute may also be allowed to stay in the hostel premises in addition to registered students. Such scholars shall also avail the mess facilities.

2.4 Generally the strength of the residents remains around 450 residents during the academic year; however, during the vacations this number may reduce substantially.

2.5 Day-Boarders, who do not stay in the hostel, may also be allowed to avail the dining facilities in Hall-__ as outside members by the Warden-incharge/Warden.

2.6 The hostel is provided with a self contained centralized mess, comprising of kitchen and dining facility to prepare and serve meals to the residents and other authorized persons. The mess is well equipped with furniture, cooking facilities, utensils, appliances and equipments; etc.

2.7 The hostel is under the administration of a Warden in-charge/Warden who exercises overall control on all activities related to the hostel including dining services.

________________

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ARTICLE--3

3.0 Scope of Work:

The contract is essentially for providing following messing services to the residents of Hall of Residence No.-__. The Scope of Work, covered by the contract, is broadly but not extensively described as given below:

a) Cooking and serving three meals - breakfast, lunch and dinner. The hostel reserves the right to include the service for the preparation and serving of evening tea and light snacks in addition to these three meals. The terms and conditions of such an addition will be worked out as and when required;

b) Facilitate procurement of raw material for and on behalf of the hostel; c) Managing and control of stocks and inventories; d) Coupon sales. Residents may use these coupons to get `extra' items

not included in the basic menu of the mess; e) Cleaning of utensils, kitchen and serving items; f) Cleaning of cooking, dining and auxiliary areas; g) Security of the equipment, utensils and other items in the mess; h) Maintenance of the equipment in the kitchen and dining areas; i) Maintenance of books, ledgers, other records and documents related to

running of the mess; j) Deployment and supervision of required man power for the above

mentioned tasks.

3.1 Each of the three meals that is, breakfast, lunch and dinner will be served over a period of 2 to 2? hours. The HEC will decide the timings for each meal on different days. The timings may be appropriately revised over the year as per academic and other activities, and the revised timings shall be communicated to the service provider well in advance. The hostel may also require the service provider to serve evening tea with snacks, and details such as the menu and timings will be communicated by the HEC of the hostel.

3.2 The HEC shall provide a menu to the service provider, which shall usually be fixed for a period of one month; the HEC reserves the right to change the menu from time to time. Any change in the menu shall be communicated in writing, adequately in advance, to the service provider by the HEC.

3.3 In addition to the menu given by the HEC, the service provider shall be required to provide extra messing facilities with items not covered under the Menu. A list of the items to be provided on extra basis shall be made available to the service provider by the HEC.

3.4 The service provider shall provide services to facilitate procurement of raw materials including cooking fuel and food articles, as may be required for a

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menu, for and on behalf of the hostel. Payment towards the cost of such material shall be made by the hostel to the vendors or shopkeepers directly against such bills submitted by them.

3.5 The service provider shall ensure that sufficient care is taken on his part to keep the actual cost of the raw material including cooking fuel within a value of Rupees ________________________________ only (Rs. ______) per student per day. This value should not go up by more than Rs. 3/- for a period of one year to absorb change in raw material cost. At the commencement of the contract the menu given in the Annexure ? II is agreed upon within this stated maximum price.

3.6 The changes in the menu, as given in Article 3.2 may affect the cost of the raw material as defined in the Article-3.5, therefore changes in menu shall be carried out in a manner that they are acceptable to the hostel and also the service provider and the cost of raw material does not exceed the maximum of Rs. 50/- per student per day. If there is considerable price variation in the cost of the raw material in the market, the institute may consider revision in this maximum price on the written request from the service provider duly forwarded by the hostel. Details related to payments and changes therein on account of such decisions are given in Article 5.

3.7 The service provider shall procure wholesome food articles of good quality in consultation with and to the satisfaction of the HEC. The HEC may draw up a list of potential vendors or determine the brand for any or all the items.

3.8 For sick students or any other resident, the service provider shall arrange to serve "sick diet" in the rooms. For students admitted to the Institute Health Center, the sick diet must be delivered in the Health Center. The sick diet shall be defined and provided by the HEC to the services provider.

3.9 The service provider shall procure only good quality fresh vegetables from the market. Storage of vegetables for more than 1 (one) day in summer months and 3 (three) days in winter months at a stretch shall not be permitted. However, the service provider shall ensure that a sufficient stock of other raw material is available in the store for consumption for a minimum period of 15 (fifteen) days. The HEC shall have the right to check the quality of food articles and vegetables from time to time.

3.10 The HEC shall be authorized to impose an appropriate fine on the service provider in case of sub-standard quality of food items, malpractice, lack of hygiene or violation of any of the conditions of the contract.

3.11 The mess premises comprising, cooking and dining facilities, furniture, food/raw material containers, appliances, utensils, electricity and water shall be provided by the Institute free of cost. However, cleaning/washing materials/tools and man power to properly maintain this infrastructure shall

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