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HSRP Agreement

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150 views13 pages

HSRP Agreement

Uploaded by

abhinav007_007
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CONTRACT AGREEMENT FOR SUPPLY AND AFFIXATION OF HIGH SECURITY REGISTRATION PLATES ON MOTOR VEHICLES IN THE STATE OF RAJASTHAN ‘THIS CONTRACT AGREEMENT (hereinafter also referred as the Agreement”) for supply and affixation of High Security Registration Plates (HSRP) under Rule-50 of the Central Motor Vehicles Rules, 1989 (CMVR), and notifications issued in this behalf, in the ” ‘State of Rajasthan is made on this the May 16” day of the 2012, at Jaipur, Rajasthan. BETWEEN bb /sfen Myre ea) Te Comal ese asc rare aoa Fg poorer of Rajastan, having bs office at Parivahan Bhavan, Sabikar Mar, Jipur (herein % fer known as the “State Government”) (which expressions shall unless repugnant to © context or meaning thereof include its administrators, successors and permitted assigns) will be referred as party of first part. « AND M/s Real Mazon (Rajasthan) Private Limited, a Company incorporated by the contractor under the Companies Act, 1956 having its registered office at Barah Ji Ki Gali Gangori Bazar Choti Chopar Jaipur (herein after referred to as the “Contractor”) (which expressions shall, unless it be repugnant to the context or meaning thereof, include its stake holders, successors and permitted assigns) represented herein through Sh. Rajeev Maheshwari, Director and authorized signatory, authorized vide board resolution dated 14% May, 2012 of the pany of second part. oes lelstzo2 Pozen deheed WHEREAS the party of first part was desirous for selecting the successful bidder under its notice inviting bids dated 26.12.2011 and addenda dated 16.01.2012 inter-alia to assemble, establish, procure technology, design, develop, produce, emboss, affix, distribute and create complete infrastructure for the implementation of the HSRP scheme in the State of Rajasthan in conformity with the Technical parameters, contemplated in the Central Motor Vehicles Rules, 1989, and government notifications issued in this regard from time to time. The contractor shall also maintain and operate the infrastructure facilities, services and = ij) 3 The signed and initialed Bid Document, addenda along with above specified documents a] ‘hall be deemed to form and be read and construed as part of this agreement. “4. The pany of second part which participated as @ consortium in the bid, now consequently became a Special Purpose Vehicle registered under Companies Act, 1956, agrees to and shall abide by all the obligations, terms and conditions mentioned in the bid document, addenda, LOI, Joint bidding agreement dated 31.01.2012 and all other ~x\ appendices to this agreement in letter and spirit, meaning thereby that all the terms and conditions which were applicable to the consortium shall apply to the newly formed [B__ SPV Ge pary of second part of this agreement), The sakes of the financial Z__Peldingvonstntion of the newly formed SPV will not be changed throughout the % _conrct period without the prior pemisinapproval ofthe Goverment of Rajasthan $ 4 (a) That the SPV shall bring in the required physical capital within 21 days of the ing ofthis contract agreement alongwith the relevant ROC receipts. (b) That M/s Real Mazon (Rajasthan) Pvt. Ltd. shall not remove the embossing and xation plants arid machineries from the State of Rajasthan till the completion of the project or unless as approved by the party of the first part. 5. The party of second part shall create and establish complete infrastructure of affixation stations, embossing stations, online networking system, reporting system for each ‘wanspor district and for the office of Transport Commissioner, in the State of Rajasthan in a manner which is most convenient and effective in performance of work and duties assigned in this contract to the party of second part. The whole infrastructure to be es created shall pe PE, Sostiied in the agreement. Tis shall also ensure convenience of registering authorities as well as the general public. 6. The party of second part shall ensure following networking system, which will ensure smooth functioning of work under the supervision and control of party of first part in the public interest. Establish Management Information System for integration and networking of every embossing station, affixation station with the concemed RTO/DTO and the office of the ‘Transport Commissioner, Jaipur. ii, Maintain, operate and manage the Centralized Online Data Management system by setting up connectivity between all the embossing station, affixation station with the ‘concemed RTO/DTO offices and Transport Commissioner Office, Jaipur. . The party of second part shall also invariably give the detail of ‘ON LINE? management system and access method relating to the issuance of High Security Registration Plates 10 Transport Commissioner. The party of second part shall be supported by enterprise resource planning and ‘management system in a secure mode, to access the information relating to the issuance of High Security Registration Plates in an ‘ON LINE” real time environment and at the same time provide this information to the Transport Commissioner and at all the s { locations of Registering Authority by installing required system and other peripherals along with qualified manpower. The detailed networking plan shall be provided to the Transport Department and the Department may use the network established by the Contractor for its own purpose. Offices, one network connectivity terminal (Centralized for the entire state) would be provided by the Contractor to the Transport Department, with access code at designated FD, place to enable the department to access the information, as may be required. é ‘The party of second part shall provide HSRP issuance data for upgrading the data in +) “VAHAN’ software database already maintained by Department and also to Registering Authorities as pet direction issued by Transport Commissioner from time to time. i 4. Tn adn to eoonectivty of embossing sions, affnation stations and RTO/DTO vii. The party of second part shall use only Legal License Versions of operating system, utility software ete. 7. In consideration of the payments to be made by the vehicle owners for obtaining services under this contract agreement, assigned by the party of first part to Contractor as hereafter mentioned, the party of second part hereby covenants with the party of first part to provide, execute and to complete assigned work, remedy the defects, commission the work and mai SfTormiity in all respects with the provisions of the Contract Agreement, Bid document, Motor Vehicles Act, 1988, Central Motor Vehicles Rules, 1989, Notifications issued by Government of India, Govt. of Rajasthan and all other applicable laws in respect of HSRP scheme. 8. That in the larger public interest and due to dk from the present practice of installation and affixation of registration plates to avoid initial problems, hardships and ‘obstacles likely to be faced by public at large, the party of first part will issue necessary ‘guidelines, instructions time to time to the party of second part, which will have to be followed in letter and spirit and non-compliance of the same will give the right to the party of first part to impose appropriate penalty, liquidated damages, termination as may be warranted in the ease. 9. ‘That as the contract for installation and afixation of registration plates will be taken care {of by pay of second part and involves public at large on day to day basis, for the benefit of public and to give best services and obtain feedback, @ public grievance Zap, ‘edessal mechanism shall be operational atthe respective district transport offices and @ the complaints received therein will be handled as far as possible by the party of first and q) second part on recurring basis, and party of second part will ensure solution of the 54°" grievance. a 10. The party of second part at its own cost and expenses observe, undertake, comply with a and perform, in addition to and not in derogation of its obligation elsewhere set out in this Agreement, shall, arrange at his own level space/premises for setting up of ‘embossing stations at 38 places (as per Schedule I of this agreement) and other places Zw be designated under clause 3.1.2 of the bid document during the contract period, in proximity of all RTOS/DTOs in the State at his own cost, and shall monitor, control and 3 bbe responsible for the activities of all the employees of the party of second part, but limited to the implementation of the HSRP scheme, make reasonable efforts to maintain hharmony and good industrial relations among the personne! employed in connection with the performance of the contractor's obligations under this agreement. The party of second part shall ensure at all times the HSRP blanks, the Embossing and affixing Equipment and other peripheral equipment and HSRP, prior to their supply and affixation on the vehicles, are kept in a secure place under its control and supervision and make its own arrangement for security. The party of first part will undertake the inspections of such arrangements and the party of first part will ensure that security is mainiained as per instructions as may be given 12. The party of second part shall bring to notice of the state Government, any theft or pilferage of any HSRP or laser coded HSRP blanks bearing the identification mark as provided by the testing agencies in any district in the state immediately after such @ incidents and, shall at such times also undertake immediate steps, including filing suitable FIR with police. On receipt of any such information the Government shall initiate appropriate investigation action and also officially notify delisting of such laser numbers fiom the contractors central database and the party of second part shall ensure and assure that such laser number will not be used henceforth for embossing HSRP to any vehicle. In case of recovery of such blanks ata later date, the same shall have to be destroyed in the prescnce ofthe authorized representative of state Government. “15;The party of second part shall be responsible for providing High Security Registration Plate and affixation on the vehicles, strictly as per standards laid down in Central Motor Vebicles Rule, 1989 and the agreement, the party of first part shall hold the pary of second part responsible for any fulure. In case of any complaint received or otherwise related to quality and specification of plates, the party of first part may get these tested by the testing agencies authorized by the Goverment of India. In case of non conformity of standard found by testing agencies sub-standard plates so supplied by the party of second par, they shall be replaced by him at his own cost and shall also be liable for any other action as per the terms and conditions 1M. The party of second part shall provide HSRP only on receipt of official authentic ~doctimentary evidence/online authorization from the concemed Registering Authority, a the case may be. 15. The premises provided to the party of second part will be solely for the purpose of pursuing the object of the HSRP scheme and would not bestow on them any right to own, lease, rent or use the premises for any purpose other than the purpose of this scheme. [Link] party of second part shall have 10 pay cost, fees and charges for utilities like electricity, water on actual consumption basis, promptly and without delay on dates as may be prescribed by the first par 1/7. Toe party of second part shall undertake such information, education, communication and publicity programmes as have been approved by Transport authorities which will be necessary for bringing to public attention, the mandate of law and necessity of affixation of HSRP. 18. The pany of second part shall effect and maintain, or cause to be effected and maintained, at no cost to the party of first part, from the Appointed Date and during the validity of Agreement such insurances up to such maximum sums as may be required under and in accordance with Applicable Laws and such insurance as the party of second part may consider necessary or desirable in accordance with Good Industry Practices, including thd party insurance. The party of first part will not be lable for any financi administrative liabilities, thet, losses or damage to property etc. of the party of part located in its premises. ‘The party of second part shall display the approved rates of HSRP and HSRP items replacement at all affixation stations visible 1o the public and shall charge strictly according to the approved rates as per Schedule II of this agreement. The approved rates shall remain the same forthe entire period ofthe contract. 20, That the rates charged by the party of second part from the vehicle ownerscustomers Shall in no ease, be more than the approved rates and the rates shall be lamp sum total cost towards goods, services, wxes (all), any other expenses or levy and nothing extra over and above the rates approved shall be charged. Gs Nolaobuoss ““uryp, Je) Poaee @ 21. That after completion/termination of the contract the party of first part in different situations will do as follows: i. Completion. ‘On request of the party of second part, to his satisfaction the party of first part will issue ‘ certification of the work under the contract. ii, Taking over. ~Party of first part will take over the contract awarded under this agreement after completion of the tenure unless and until it has to be pre-maturely done for breach of contract or any other reasons. iii. Termination. Ifthe party of second part causes a breach of any or all conditions of the contract or stop works for more than 48 hours when stoppage of work is shown on the current programme and the stoppage is not authorized by party of first part or the party of second part has become bankrupt or goes into liquidation or does not maintain security/confidentiality or has engaged in corrupt or fraudulent practices during currency of the contract or has modified the composition of special purpose vehicle (SPV) without permission of the Government or any requirement of contract or has done breach of the contract by not following the terms and conditions specified in bid egy. document, addenda and agreement which can invoke termination then the party of first ZX\_ pan will be at liberty to terminate the contract and appoint a new agency for 2} performance of the work specified in the contract. 53 ""x2 The pany of second part will ensure effective discharge of its duty at the specified ‘embossing/affixation stations throughout the State of Rajasthan and will give uninterrupted services to the public at large without any harassment, hardship or for any unwarranted, unauthorized consideration, in case of malafide fault with deliberate intention, party of first par will be at liberty to take appropriate civil and criminal ‘measures against the party of second par, its successors, directors and employees etc, i 23. That in case of deliberate and willful disobedience of contract in rendering of services to public at large the party of first part will be free and at liberty to take appropriate penal ix, or any other actions against the party of second part in the interest of general public. \The pany of second part will ensure that any delay which is beyond its control, will be mated to party of first part or his appointed officer within 24 hours of the same who will evaluate the situation and accordingly may extend time of performance by order in writing and in the given situation. In such cases penalty will be imposed on the merit of the ease. The decision of the Transport Commissioner shall be final inthis regard. —~25. The clauses 4.14.2 and 4.14.4 in the bid document related to liquidated damages shall be applicable in cases of delays mentioned in these clauses. 26. That in case of failure to supply and affix the High Security Registration Plates within stipulated time, appropriate penalty/liquidated damage or any other action will be taken ‘and communicated within ten days by the registering authority and amount of penalty/liquidated damages so imposed will have to be deposited within 7 days by way of Demand Draft/Banker Cheque to avoid any penal action. The party of first part wil bbe authorized to recover any amount in this regard payable by the second part from @/ Security Deposit also, in case the party of second part fails to deposit such amount ‘within stipulated time. Shortfall in security deposit on this account will have to be made ‘g00d (replenished) within 7 days of such shortfall by the party of second par. 27, The party of first part will be authorized to issue necessary clarifications, interpretations pertaining to contract which will be binding upon the party of second part 28, The party of second part will be solely responsible for carrying out the assigned job and will be responsible for complying with statutory duties, acts, provided in law and will also be responsible for complying with tax, labour and other applicable law and the party of first part will in no case be responsible for any loss, damages of goods, assets or any property used in execution of contract. 29. The party of second part will be responsible for training of officials designated by the pany of first par, in relation to imparting education, training related to HSRP scheme at the expenses to be borne by the party of second part. 30. The party of second part will commence the work preparation specified inthe i, Agreement and bid document and addenda immediately after signing of agreement and shall commence the actual affixation on the appointed date to be notified by the department. In any case the appointed date shall not be later than 60 days from the date of signing of the agreement. The party of second part agrees to, arrange required space/premises for installation of embossing stations at all 38 places as per Schedule I of this agreement and other places to be designated under clause 3.1.2 of the bid document during the contract period, get the required connections (clectricty, telephone and networking ete.) within 30 days and install required machinerylequipments at all embossing stations and affixation stations, with deployment of required staff within 50 days or earlier and get all the networking infrastructure completed at all RTO/DTO offices and Transport Com office with interconnectivity and the party of second part shall submit samples of all size and type of HSRP within SS days or earlier and shall intimate his full joner preparedness within above scheduled days to Transport Commissioner, Jaipur. For every transport district, the party of second part will appoint a nodal officer, who shall keep the RTO/DTO of the area appraised of the progress in the implement: of scheme. The RTO/DTO as far as is practicable extend assistance for the suceess of implementation of the scheme. 31. The terms and conditions of this Contract Agreement will be governed by the applicable laws and will be consistent with all the applicable laws like Contract Act, the Motor Vehicles Act, 1988 and other laws of the land. 32. Unless extended, the tenure of Contract Agreement will be a period of 5 years from the date of execution of Agreement as per the terms and conditions of the bid. 33. The party of second part shall abide by all the terms and conditions of the bid document, addenda, LOI and Agreement in letter and spirit, to ensure the same, proper inspections / ‘audit / supervision shall be conducted by authorized officers of the party of first part and in case of any default appropriate penal action shall be initiated. ‘That in case of any dispute arising out of Contract Agreement it shall be subject to the jurisdiction of appropriate legaVarbitration forum at Jaipur only in terms of remedy provided in bid document, addenda IN WITNESS thereof the parties have executed and delivered this agreement as of the date first above written. SIGNED, SEALED AND DELIVERED For and behalf of party of first pat ‘Transport Commissioner & Principal Secretary State of Rajasthan In the presence of witness: * yy aan E trea To 716 loti Deepak Upreti,LA.S. ‘Transport Commissioner SIGNED, SEALED AND DELIVERED For and behalf of Contractor by persons duly authorized In the presence of witness: |. _ Bains Ye KS : i VAS : ecnuntand- awn Kamat : Rech Hegrn lode (ed 45 EEN, Comme Rogen Maheabasar' Cob, Mera, Prat Rajeev Maheshwari New dif Director, Real Mazon (Rajasthan) Pvt. Lid © Schedule ‘I? LIST OF DISTRICTS/TRANSPORT DISTRICTS (Locations where embossing stations to be setup) ie of District Headquarter Jaipur, Thalana Dungri Jaipur, Jagatpura ‘orpuill Kotputl jausa ‘Dausa aruali Karuall swai Madhopur Sawai kar. kar. junjhonu wunjhonw Ti Chury ‘Alwar ‘Alwar aratpur ‘Bharatpur, iolpur iolpur imer Ajmer jeawar Beawar faguar faguar Deedwana Deedwana Tonk ur Jodhpur er jarmer Jaisalmer Jaisalmer, Pal Pali iroh Siroht jalore falore: faipur Udaipur jungarpur jungarpur Banswara ‘Bansawara isaman fjsamand Chittorgarh Chitto Pratapgarh Pratapgarh ilwara ilwara Kota Kota alawar walawar Bundi ‘Bundi jaran. jaran. ‘amganj Mandi Ramganj Mandi ikaner er jangandgar fanuman; ransy ranst rans, ransy Tansy rans, Tansy rans, And other places to be designated under clause 3.1.2 of the bid document during the contract period. y No. of district wise authorized dealers working as registering authorities* Sr. ‘Name of the district where dealers are working as No. of such dealers Be od registering authorities 1 Jaipur 38 z Kota t 14 3 Todhpur 4 4 Pi 1 3 Alwar 3 6 Udsipur 6 e Bhilwara 5 + The list contains number of authorized dealers authorized as registering authorities in various districts this number may vary during the project period. ar 4Ajuo Aauosn pur pospuny omy soadny | 027 2° TVLOL Sjuo uanata soodmg | 11 3p0"1 doug ‘quo uaayyig soadng | ¢1 soypns /re|d uonenst¥a4,¢ € uo samp pue paspuny uo sodmq | ¢01 tunug9z x uwope yuo au0 Kawuin soodmy | 16 tug x woos Syuo xis Kowuiy, soadma | 96 d-WV10L ‘yuo wavayet soodmy | 11 = spor deus yuo uaoy.t sod | st spypns / ad vonenstaar 4 z Aiuo any Sanus soadma | se tuuupo 1 x wNg9e Ayuo any Sau, soading | se 3 yuo any Aiuaaag soadny | $1 v-wio1| _s {quo wonayat saodma | 11 spordous | area s9]s0qp-o%8} 40} Burs) pus y90"] deus jo ‘Ayuo oun Ayame saodmy | 67 tmaspeunusez 1 SoWwje UONBAISIOY Jo 19s d1o]dwog | | Aquo aay Aw soodny | se WUT X WHLIDOT y £ as 1 spiom u S97 ee anigyodky bela Hiatal dn yeaag, sp M991 / 29 mia wont! a I 2INPAYDS ' Kuo ont AHL pasopuny om. soadny | ze a-WioL| Ps yuo woxara soadnyt | 1 2po7 deus yuo uaayta soadma | 1 {iyo 20s4n pure paspuny aug saad | £01 quo uoaayey saodny 307] deus, uo uaaytat saodny aayons pad uonwnsrias,¢ quo any Aum, soodny, ‘unug9t x ww907 uo aur Aquos, soodny uns x wruggz wonreurquios [epiounog — Kavayy wmIpoyy, soy Burxy a

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