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Sample agreement ppp for parks - hyderabad

ADDA
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Greater Hyderabad Municipal Corporation runs a scheme under which RWAs can adopt a public park on Private Public Partnership mode of Cost sharing. This is a sample Agreement executed between an RWA and the Greater Hyderabad Municipal Corporation.

Sample agreement ppp for parks - hyderabad

1 of 4
AGREEMENT
This agreement is made and executed on this 1st day of October at Hyderabad
between:
1. The < Association Name > represented by its President (hereinafter called 1st
party.)
2. The Commissioner, Greater Hyderabad Municipal Corporation represented by
the Director, Urban Forestry (Hereinafter called 2nd party).
WHEREAS, the 2nd party has introduced a scheme of maintenance of parks in
Greater Hyderabad Municipal Corporation limits.
WHEREAS, the 1st party has understood, the object, procedures and guidelines etc.,
of the scheme and having understood the same and the various provisions of Hyderabad
Municipal Corporation Act, Rules and Bye-laws framed there under, has voluntarily
and with an intention to assist, participate and to get the services rendered for the
scheduled a park area of this agreement under its own supervision and to its satisfaction
has agreed to the proposals extended by the 2 nd party as in where is condition for taking
up the maintenance.

1st Party

2nd Party
a) That the 2nd party permits the 1st party to maintain the scheduled park area of this
agreement for the period from the date as mentioned in the schedule to the
discretion of 2nd party.
b) That the 2nd party shall continue to have the possession of the scheduled park and
only the right of maintenance is being licensed under this agreement to the 1st
party. The 1st party shall not take up any construction or alteration of any structure,
boundary, landscape etc.,
c) That the 1st party shall engage required persons for looking after day-to-day
maintenance of the scheduled park and the wages payable to the said person/s shall
be borne by the 1st party.
d) The 1st Party shall be wholly and solely responsible for full compliance with the
provisions under all labour laws and / or regulations such as payment of wages Act
1948, Employees Liability Act 1938, Workmen’s Compensation Act 1923,
Industrial Disputes Act, 1947, the Maternity Benefit Act 1961, the Contract Labour
(Regulations and Abolition) Act 1970 and the Factories Act 1948 or any
modifications thereof or any other law relating thereto and rules there under
introduced from time to time. The 1st Party shall assume liability and shall
indemnify the 2nd party from every expense, liability or payment by reason of the
application of any labour law, act, rules or regulations existing or to be introduced
at a future date during the term of the agreement. In general, in respect of all labour
directly or indirectly employed in the work for the performance of 1st Party’s part
of the maintenance of scheduled park, the 1st Party shall comply with all the rules
framed by the Government authorities concerned from time to time for protection
of the health and welfare of the workers. The 1st Party shall pay to labour
employed by him wages not less than the minimum wages as defined in the relevant
local labour regulations or as per the provisions of the Contract Labour (Regulation
and Abolition) Act 1970 and the Contract Labour Regulation and Abolition of
Central Rules 1971, wherever applicable. The 1st Party shall also abide by the
minimum wages and other regulations applicable to the labour engaged in the work,
as laid down by the concerned local authorities.
e) That the 1st party being a service organization, undertaking this work on behalf of
various residents in the area, all the labourers, employees, manpower engaged by
the 1st party shall not be deemed as services done for or on behalf of the 2nd party
and they shall have no connection of what-so-ever nature with the 2nd party, in the
course of their employment.
f)

The 2nd party will render required technical guidance to the 1st party in
maintenance of the park.

g) That the 1st party undertakes to maintain the scheduled park in a clean and green
condition. The 1st party shall also undertake regular watering, weeding etc., for the
proper maintenance of the scheduled park.
h) That the 1st party shall allow access to the public in the scheduled park of the
agreement without any hindrance, obstruction etc.
i) That the 2nd party has a right to terminate this agreement at any time without notice
in case of unsatisfactory service/maintenance by the 1st party.

1st Party

2nd Party
j) That in case of any dispute or claim or grievance in the process of the above service
by the 1st party, the same shall be represented to the 2nd party and the decision of
the 2nd party shall be final and binding on the 1st party.
k) That the 1st party shall maintain record of all the expenditure incurred in respect of
maintenance of scheduled park of this agreement. The 1st party shall provide
access to the 2nd party and its officers/staff to the books/registers/documents of
accounts and further the 2nd party shall have right to call for the accounts from the
1st party.
l) It is mutually agreed upon that any of the terms and conditions which are not
covered under this agreement and on account of which the dispute or clarification
that may arise in such event, decision / reply by the Commissioner, GHMC shall be
final and binding on both the parties. Such decision will be deemed as part of this
agreement.
m) It is mutually agreed upon for opening of a joint Bank account for the purpose of
maintenance of the scheduled park with the President / Secretary of the Colony
Welfare Association and Horticulture Officer / Forest Range Officer concerned as
joint account holders.
n) That the 1st party is under legal obligation to discharge the service agreed to above
and claim the agreed contribution from the 2nd party as per eligibility and as shown
in schedule of this agreement. The payment will be released to the 1st party once in
every three months on receipt of satisfactory maintenance certificate from officer of
the concerned area.
o) That the 1st party agrees to contribute 25% of the maintenance cost over 2nd
party’s contribution as per the rates more clearly specified in the schedule of this
agreement.
p) That any subsequent civil / horticulture expenditure, arising for the maintenance of
the scheduled park, in excess of the amount specified schedule of this agreement
shall be borne by the 1st party.
q) That the 1st party shall not allow any representatives / labourers / watchmen /
security guard/ gardener etc to reside inside the park whether in tool room or any
other temporary or permanent structure.
Laxmi Vihar Colony Welfare Association located at Nallagandla, Hyderabad
admeasuring 2150 Sqmts bounded by
North

:

South

:

East

:

West

:

1st Party

2nd Party
1. For the colony parks where water source is provided by GHMC and
landscaping is done with lawn & shrubbery.
Sl.
No.
1

Description
Area up to 1000
sq.mts

2
Area from 1001
sq.mts & above

Contribution of GHMC
Rs.3500/- per month (irrespective
of the extent of the parks)

Contribution of CWA on
GHMC contribution
25%

Rs.3500/- per month +Rs.1.65 per
sq.mt for the area above 1000
sq.mts Subject to a maximum of
Rs10000/- per month

25%

2. For the parks without water source and only tree species have been planted
(Tree Parks).
Sl.
No.
1

Description

Contribution of GHMC
Rs.2500/- per month (irrespective of
the extent of the park)

Area from 1001
sq.mts & above

2

Area up to 1000
sq.mts

Contribution of CWA on
GHMC contribution
25%

Rs.2500/- per month +Rs.0.65 per
sq.mts for the area above 1000 sq.mts.
Subject to maximum of Rs.6250/- per
month

25%

That the 1st party shall strictly use the above amount for the following works:
i)
ii)
iii)
iv)
v)
vi)

Protection of the park and infrastructure
Maintenance of lawns, hedges, trees, shrubbery etc.
Electricity charges
Maintenance of tools and equipment for the purpose of garden maintenance.
Repairs and maintenance to electric pumps, fountains, civil structures etc.
Payment as wages / fee to any personnel engaged by the party of the first
part for the maintenance of park.

In witness thereof, the 1st party does hereby agree to the above terms and
conditions and undertake to carry out the obligations arising out of this agreement and
do hereby execute and sign this agreement on this 1st day of October in favour of the
2nd party.
IN WITNESS THERE OF:
1.

2.

1st Party

2nd Party
Ad

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Sample agreement ppp for parks - hyderabad

  • 1. AGREEMENT This agreement is made and executed on this 1st day of October at Hyderabad between: 1. The < Association Name > represented by its President (hereinafter called 1st party.) 2. The Commissioner, Greater Hyderabad Municipal Corporation represented by the Director, Urban Forestry (Hereinafter called 2nd party). WHEREAS, the 2nd party has introduced a scheme of maintenance of parks in Greater Hyderabad Municipal Corporation limits. WHEREAS, the 1st party has understood, the object, procedures and guidelines etc., of the scheme and having understood the same and the various provisions of Hyderabad Municipal Corporation Act, Rules and Bye-laws framed there under, has voluntarily and with an intention to assist, participate and to get the services rendered for the scheduled a park area of this agreement under its own supervision and to its satisfaction has agreed to the proposals extended by the 2 nd party as in where is condition for taking up the maintenance. 1st Party 2nd Party
  • 2. a) That the 2nd party permits the 1st party to maintain the scheduled park area of this agreement for the period from the date as mentioned in the schedule to the discretion of 2nd party. b) That the 2nd party shall continue to have the possession of the scheduled park and only the right of maintenance is being licensed under this agreement to the 1st party. The 1st party shall not take up any construction or alteration of any structure, boundary, landscape etc., c) That the 1st party shall engage required persons for looking after day-to-day maintenance of the scheduled park and the wages payable to the said person/s shall be borne by the 1st party. d) The 1st Party shall be wholly and solely responsible for full compliance with the provisions under all labour laws and / or regulations such as payment of wages Act 1948, Employees Liability Act 1938, Workmen’s Compensation Act 1923, Industrial Disputes Act, 1947, the Maternity Benefit Act 1961, the Contract Labour (Regulations and Abolition) Act 1970 and the Factories Act 1948 or any modifications thereof or any other law relating thereto and rules there under introduced from time to time. The 1st Party shall assume liability and shall indemnify the 2nd party from every expense, liability or payment by reason of the application of any labour law, act, rules or regulations existing or to be introduced at a future date during the term of the agreement. In general, in respect of all labour directly or indirectly employed in the work for the performance of 1st Party’s part of the maintenance of scheduled park, the 1st Party shall comply with all the rules framed by the Government authorities concerned from time to time for protection of the health and welfare of the workers. The 1st Party shall pay to labour employed by him wages not less than the minimum wages as defined in the relevant local labour regulations or as per the provisions of the Contract Labour (Regulation and Abolition) Act 1970 and the Contract Labour Regulation and Abolition of Central Rules 1971, wherever applicable. The 1st Party shall also abide by the minimum wages and other regulations applicable to the labour engaged in the work, as laid down by the concerned local authorities. e) That the 1st party being a service organization, undertaking this work on behalf of various residents in the area, all the labourers, employees, manpower engaged by the 1st party shall not be deemed as services done for or on behalf of the 2nd party and they shall have no connection of what-so-ever nature with the 2nd party, in the course of their employment. f) The 2nd party will render required technical guidance to the 1st party in maintenance of the park. g) That the 1st party undertakes to maintain the scheduled park in a clean and green condition. The 1st party shall also undertake regular watering, weeding etc., for the proper maintenance of the scheduled park. h) That the 1st party shall allow access to the public in the scheduled park of the agreement without any hindrance, obstruction etc. i) That the 2nd party has a right to terminate this agreement at any time without notice in case of unsatisfactory service/maintenance by the 1st party. 1st Party 2nd Party
  • 3. j) That in case of any dispute or claim or grievance in the process of the above service by the 1st party, the same shall be represented to the 2nd party and the decision of the 2nd party shall be final and binding on the 1st party. k) That the 1st party shall maintain record of all the expenditure incurred in respect of maintenance of scheduled park of this agreement. The 1st party shall provide access to the 2nd party and its officers/staff to the books/registers/documents of accounts and further the 2nd party shall have right to call for the accounts from the 1st party. l) It is mutually agreed upon that any of the terms and conditions which are not covered under this agreement and on account of which the dispute or clarification that may arise in such event, decision / reply by the Commissioner, GHMC shall be final and binding on both the parties. Such decision will be deemed as part of this agreement. m) It is mutually agreed upon for opening of a joint Bank account for the purpose of maintenance of the scheduled park with the President / Secretary of the Colony Welfare Association and Horticulture Officer / Forest Range Officer concerned as joint account holders. n) That the 1st party is under legal obligation to discharge the service agreed to above and claim the agreed contribution from the 2nd party as per eligibility and as shown in schedule of this agreement. The payment will be released to the 1st party once in every three months on receipt of satisfactory maintenance certificate from officer of the concerned area. o) That the 1st party agrees to contribute 25% of the maintenance cost over 2nd party’s contribution as per the rates more clearly specified in the schedule of this agreement. p) That any subsequent civil / horticulture expenditure, arising for the maintenance of the scheduled park, in excess of the amount specified schedule of this agreement shall be borne by the 1st party. q) That the 1st party shall not allow any representatives / labourers / watchmen / security guard/ gardener etc to reside inside the park whether in tool room or any other temporary or permanent structure. Laxmi Vihar Colony Welfare Association located at Nallagandla, Hyderabad admeasuring 2150 Sqmts bounded by North : South : East : West : 1st Party 2nd Party
  • 4. 1. For the colony parks where water source is provided by GHMC and landscaping is done with lawn & shrubbery. Sl. No. 1 Description Area up to 1000 sq.mts 2 Area from 1001 sq.mts & above Contribution of GHMC Rs.3500/- per month (irrespective of the extent of the parks) Contribution of CWA on GHMC contribution 25% Rs.3500/- per month +Rs.1.65 per sq.mt for the area above 1000 sq.mts Subject to a maximum of Rs10000/- per month 25% 2. For the parks without water source and only tree species have been planted (Tree Parks). Sl. No. 1 Description Contribution of GHMC Rs.2500/- per month (irrespective of the extent of the park) Area from 1001 sq.mts & above 2 Area up to 1000 sq.mts Contribution of CWA on GHMC contribution 25% Rs.2500/- per month +Rs.0.65 per sq.mts for the area above 1000 sq.mts. Subject to maximum of Rs.6250/- per month 25% That the 1st party shall strictly use the above amount for the following works: i) ii) iii) iv) v) vi) Protection of the park and infrastructure Maintenance of lawns, hedges, trees, shrubbery etc. Electricity charges Maintenance of tools and equipment for the purpose of garden maintenance. Repairs and maintenance to electric pumps, fountains, civil structures etc. Payment as wages / fee to any personnel engaged by the party of the first part for the maintenance of park. In witness thereof, the 1st party does hereby agree to the above terms and conditions and undertake to carry out the obligations arising out of this agreement and do hereby execute and sign this agreement on this 1st day of October in favour of the 2nd party. IN WITNESS THERE OF: 1. 2. 1st Party 2nd Party