Concessionaire’s Obligations. In addition to and not in derogation or substitution of any of its obligations under this Agreement, the Concessionaire shall have the following obligations: 7.1 Implementation of the scheme and operation & maintenance of equipments a. For the unit to be made operational in EOM model where equipment procurement and installation is to be done by the selected Private Service Provider, or where Renewal of agreement is required, they are required to keep a security deposit of Rs 10, 00,000/- Lakhs by way of Bank Guarantee in favour of the DoHFW with any scheduled/nationalized Bank acceptable to DoHFW. b. The selected Private partner shall ensure that the concession fee is paid to the concerned RKS on quarterly basis within the 10th day of the 1st month of the subsequent quarter to be incorporated in the agreement. The concession fee will be 20% of the gross revenue in each quarter or a fixed amount quoted as concession fees in each quarter whichever is higher. c. In case the private partner fails to pay the concession fees /20% of the gross revenue generated in the quarter whichever is higher within 10th of the first month of the subsequent quarter, interest @ 1%per month on the due concession fees will be imposed for each 15 days delay thereof subjected to a maximum allowable extension period of 3 months from last due date of payment of concession. All dues along with applicable interest have to be cleared within the allowable limit of 3 months beyond which relevant procedure for termination of contract and floating of e-tender for selection of new private partners will be initiated by the Hospital Authority/Department of Health & Family welfare. However penalty clause will be applicable till the date of decommissioning of the unit and handover of site under possession of the private partner to the hospital authority in interest of public service. In case there is any deviation in service the hospital authority may initiate appropriate action in form of FIR and other relevant measures under rule of law including black listing of the private partner. d. In case hospital authority fails to clear the dues within the stipulated time and date interest @ 1% per month on concession fee may be charged for each 30 days delay and thereof. This is subjected to the clause that the private partners pay the quarterly premium and raise bills with all proper documents within stipulated time as mentioned in clause 7C. e. As per Clause 7.1.c above if the partners fails to clear the due Concession fees with applicable penalty charges within the time allowed the hospital authority will not be liable to make any further payments to the private party for free services provided by them until all such due with penalty are cleared. Moreover the private partner has to continue service under all circumstances even if termination clauses are applied for default of payment of concession fees or any other reasons by the hospital authority until the date of decommissioning of the unit and handover of site under possession of the private partner to the hospital authority in Interest of public service. In case there is any deviation in service the hospital authority may initiate appropriate action in form of FIR and other relevant measures under rule of law including black listing of the private partner. f. Installation of electricity meter in its own name will be undertaken by the O&M/EOM partner. In case of installation of Sub-meter by the hospital authority under such circumstances where electric meter in own name may not be provided for time being the cost towards installation of such sub- meter shall be borne by the private partner. The Hospital Authority will raise bills as per reading in the sub-meter which has to be paid within due time by the private partner. g. The Private Service Provider will ensure back up power (generator services) for continuation of services in case of disruption in electrical power as per specifications and standard power requirement of the respective equipments h. The Private Service Provider will comply with all statutory requirements as applicable under Xxx Xxxx Xxxxxx Xxxxxxxx Xxxxxxxxxxxxx Xxx 0000 and The West Bengal Clinical Establishment Rules 2003 as amended hereafter and other applicable Acts and Laws. It may be mentioned here that the service provider will have to comply with THE WEST BENGAL CLINICAL ESTABLISHMENTS (REGISTRATION, REGULATION AND TRANSPARENCY) Act, 2017. And subsequent rules as and when notified by the State Government. i. The Private Service Provider will also comply with the fire safety requirements as per West Bengal Fire Services Act, 1950 as amended up to date. j. Engagement of required medical, technical and other personnel for operation and management of the services will be ensured by the Private Service Provider in accordance with the relevant Clinical Establishment Acts and Norms. k. All the operational cost relating to functioning of each of the services including the cost of deployment of the personnel will be borne by the Private Service Provider. l. The Private Service Provider will ensure that the entire system operated by them are accessible for teaching and training purposes for undergraduates and postgraduates students at any point of time at pre-designed schedule. m. The Private partner, with the help and support of the DoHFW, shall also work out installation of multi facility monitoring mode and establish connectivity with other health facilities for transmitting the digital images undertaken for each of the investigations for the purpose of review and reports as and when required. n. Cases referred by the hospital authority shall be given priority in the diagnostics centre. No case duly referred by the hospital authority shall be delayed and hospital authority shall pay for all such cases within 25th day of the first month of the subsequent quarter subjected to timely payment of concession fees as per clause 7C by the private partner o. No book adjustments for free cases against the concession fee shall be allowed. p. In EOM type of units the selected private partners will have to procure the specified equipment and accessories and complete installation of the same and start patients service within 3 months from the date of handing over ready to use space and required power at the facility as per standard specifications by the hospital authority after signing of a possession certificate. q. For the 16 Slice CT Scan unit the hospital authority will provide space as per AERB specifications .This includes 10 inches wall thickness of the room. Partners will be responsible for internal furnishing and furbishing as per AERB guidelines including lead shielding of door. Internal wiring, fitting and fixtures in connection to electricity including air conditioning will be responsibility of the private partner. r. There will be a two stage verification process for procurement and installation of the 16 slice CT Scan machine. Initially the selected vendor will upload copy of specifications of machines they intend to procure if selected as part of Technical BID documents which will be examined by the Tender Selection Committee in association with Technical experts and Bio-Medical engineers of the department. This will include documents related to total project cost .Only after clearance by the Tender Selection Committee and further departmental approval the Award of Contract will be provided and the private service provider will be allowed to procure the machine. Again finally after installation of the unit the Partner will request for final commissioning of the units under Technical experts and Bio-Medical engineers of the department as per tendered specifications. Only after certification will the Partner be allowed to start functioning of the units. If there is any alteration or malingering reported by certifying authority nominated by the DoHFW in installation as per norms of the agreement Award of Contract will be terminated as per bad industry practice machine may be confiscated by the authority. s. The Private Service Provider is responsible for entire operation and management of these facilities with their own resources including deployment of Medical, Technical and other personnel. The Private Service Provider needs to comply with the relevant Clinical Acts, Laws and other applicable norms. It may also be mentioned here that the Private Service Provider are required to deploy technical persons who have completed the relevant diploma courses of conducted by State Medical Faculty of West Bengal or from institutions affiliated under State Medical Faculty of West Bengal or similar such standards as are acceptable to the signatory to the agreement on behalf of the DoHFW. t. The Private Service Provider will be responsible for proper maintenance and upkeep of the equipment and accessories procured by them in accordance with provision of the agreement .The cost of CAMC ( Comprehensive annual maintenance Contract ) has to be borne by the private partner and has to be paid by the service provider on regular basis as per rate contracted with the equipment supplier during procurement of the equipment .The document related to the payment of CAMC has to be submitted to the hospital authority for necessary record. u. The Private Service Provider will obtain and maintain insurances within one month of start of operation of the services for the Hospital Sites including the equipments as per Good Industry Practice including insurances against damages to property due to force majeure, insurances against theft and loss of equipment and such other insurances as are required for the Services undertaken by the Private Service Provider v. Service standards will be followed by the Private Service Provider in accordance with the Good Industry practices w. Appropriate and approved software packages will be installed by the Private Service Provider to disseminate relevant information through on daily basis. The software as approved by the DoHFW will be used for all kinds of transactions done by the Private Service Provider so that web based monitoring at any point of time can be done by the concerned authorities of the DoHFW at the state level and at the hospital level. The cost of installation and maintenance of the software has to be borne by the private partner. x. The EOM partner, with the help and support of the DoHFW, shall also work out installation of multi facility monitoring mode and establish connectivity with other health facilities for transmitting the digital images undertaken for each of the investigations for the purpose of review and reports as and when required. y. The Private Service Provider will ensure that the services would be operational for the duration of time as prescribed under Section 7.1bb z. The Private Partner (PSP) shall ensure that the services operated by it shall be accessible for teaching and training purposes for undergraduate and postgraduate students as and where applicable and also for radiography students for their training as and when required. aa. The schedule for such teaching and training where utilization of the diagnostic facilities is mandated will be decided between the hospital authority or their authorized representatives and the private partner.
Appears in 5 contracts
Samples: Renewal Agreement, Renewal Agreement, Renewal Agreement
Concessionaire’s Obligations. In addition to and not in derogation or substitution of any of its obligations under this Agreement, the Concessionaire shall have the following obligations:
7.1 Implementation of the scheme and operation & maintenance of equipments
a. equipments a For O&M type of units ( herein referred to the Dialysis unit ) the selected private partner will have to start patient service soon after the commissioning of the unit and handing over of the equipments and accessories to the PPP partner by the hospital authority along with signing of a possession certificate and a legal agreement. b Installation of electricity meter in its own name will be undertaken by the O&M partner. In case of installation of Sub-meter by the hospital authority under such circumstances where electric meter in own name may not be provided for time being the cost towards installation of such sub-meter shall be borne by the private partner. The Hospital Authority will raise bills as per reading in the sub-meter which has to be made operational in EOM model where equipment procurement and installation is to be done paid within due time by the selected Private Service Providerprivate partner. c be responsible, or where Renewal as per provision of agreement is requiredthis agreement, they are required for proper maintenance of the machines, related equipments and accessories provided by the WBMSCL on behalf of the DoHFW for this scheme and comply with the conditions of CMC relating to keep a security deposit the contracted value and terms of Rs 10, 00,000/- Lakhs payment for CMC as set out by way of Bank Guarantee in favour the WBMSCL on behalf of the DoHFW with any scheduled/nationalized Bank acceptable to DoHFW.
b. The selected Private partner shall ensure that the concession fee is paid to the concerned RKS on quarterly basis within the 10th day supplier during procurement of the 1st month of the subsequent quarter to be incorporated in the agreement. The concession fee will be 20% of the gross revenue in each quarter or a fixed amount quoted as concession fees in each quarter whichever is higher.
c. equipments; d In case the private partner fails to pay the concession fees /20% of the gross revenue generated in the quarter whichever is higher within 10th of the first month of the subsequent quarter, interest @ 1%per month on the due concession fees will be imposed for each 15 days delay thereof subjected to a maximum allowable extension period of 3 months from last due date of payment of concession. All dues along with applicable interest have to be cleared within the allowable limit of 3 months beyond which relevant procedure for termination of contract and floating of e-tender for selection of new private partners will be initiated by the Hospital Authority/Department of Health & Family welfare. However penalty clause will be applicable till the date of decommissioning of the unit and handover of site under possession of the private partner to the hospital authority in interest of public serviceauthority. In case there is any deviation in service the hospital authority may initiate appropriate action in form of FIR and other relevant measures under rule of law including black listing of the private partner.
d. In case hospital authority fails to clear the dues within the stipulated time and date interest @ 1% per month on concession fee may be charged for each 30 days delay and thereof. This is subjected to the clause that the private partners pay the quarterly premium and raise bills with all proper documents within stipulated time as mentioned in clause 7C.
e. e As per Clause 7.1.c 7.1.d above if the partners fails to clear the due Concession fees with applicable penalty charges within the time allowed the hospital authority will not be liable to make any further payments to the private party for free services provided by them until all such due with penalty are cleared. Moreover the private partner has to continue service under all circumstances even if termination clauses are applied for default of payment of concession fees or any other reasons by the hospital authority until the date of decommissioning of the unit and handover of site under possession of the private partner to the hospital authority in Interest of public service. In case there is any deviation in service the hospital authority may initiate appropriate action in form of FIR and other relevant measures under rule of law including black listing of the private partner.
f. Installation . g In case hospital authority fails to clear the dues within the stipulated time and date interest @ 1% per month on the dues may be charged for each 30 days delay and thereof. This is subjected to the clause that the private partners pay the quarterly premium and raise bills with all proper documents within stipulated time as mentioned in clause 7d. h be responsible to sign the CMC with the supplier as per the contracted value three months prior to completion of electricity meter warranty period; i be responsible to make necessary payments for CMC and repair charges to the supplier in its own name will be undertaken accordance with the terms of the agreement by the O&M/EOM partnerWBMSCL with the supplier. j The service provider will have to maintain an uptime of 90% with maximum 7 days of downtime at a stretch for Dialysis of the facility. In case they fails to do so the provider will have to pay a sum equivalent to a average cost of installation of Sub-meter Dialysis multiplied by the hospital authority under such circumstances where electric meter in own name total Dialysis done per day during a given month for a machine, for each day of shut down beyond 7 days. If shut down extends beyond 30 days due to Technical/Administrative reasons on part of service provider, the contract may not be provided for time being the cost towards installation of such sub- meter shall be borne by the private partnercancelled. The Hospital Authority will raise bills provider shall make alternative arrangements for provisions of Dialysis Service (including free transportation of patients) if machine are broken down for a period greater than 24 hours. The rates of Dialysis Service as per reading contracted value in the sub-meter which has to be paid within due time by the private partner.
g. The Private Service Provider agreement will ensure back up power (generator services) for continuation of services not change in case of disruption in electrical power as per specifications and standard power requirement of the respective equipments
h. any case. k The Private Service Provider will comply with all statutory requirements as applicable under Xxx Xxxx Xxxxxx Xxxxxxxx Xxxxxxxxxxxxx Xxx 0000 and The West Bengal Clinical Establishment Rules 2003 as amended hereafter and other applicable Acts and Laws. It may be mentioned here that the service provider will have to comply with THE WEST BENGAL CLINICAL ESTABLISHMENTS (REGISTRATION, REGULATION AND TRANSPARENCY) Act, 2017. And subsequent rules as and when notified by the State Government.
i. l The Private Service Provider will also comply with the fire safety requirements as per West Bengal Fire Services Act, 1950 as amended up to date.
j. Engagement of . n procure the Clearance licenses required medical, technical and other personnel for operation and management of commencing the services will including the licenses required under the Clinical Establishment Acts and Rules, Trade License etc; o commence providing services in the hospital only after the Hospital Authority has duly certified that all requirements as applicable for commencing the services in respect thereof have been fulfilled. Provided, the Concessionaire shall procure such certification from the Hospital Authority latest by two months from the date hereof failing which this Agreement shall be ensured by liable to be terminated; p conduct Tests/Services as per the Private Service Provider in accordance Good Industry Practices and comply with the requirements of the relevant Clinical Establishment Acts and Norms.
k. All the operational cost relating to functioning of each of the services including the cost of deployment of the personnel will be borne by the Private Service Provider.
l. The Private Service Provider will ensure that the entire system operated by them are accessible for teaching and training purposes for undergraduates and postgraduates students at any point of time at pre-designed schedule.
m. The Private partner, with the help and support of the DoHFW, shall also work out installation of multi facility monitoring mode and establish connectivity with other health facilities for transmitting the digital images undertaken for each of the investigations for the purpose of review and reports Rules as and when required.
n. Cases referred by the hospital authority shall be given priority in the diagnostics centre. No case duly referred by the hospital authority shall be delayed and hospital authority shall pay for all such cases within 25th day of the first month of the subsequent quarter subjected to timely payment of concession fees as per clause 7C by the private partner
o. No book adjustments for free cases against the concession fee shall be allowed.
p. In EOM type of units the selected private partners will have to procure the specified equipment and accessories and complete installation of the same and start patients service within 3 months from the date of handing over ready to use space and required power at the facility as per standard specifications by the hospital authority after signing of a possession certificate.
q. For the 16 Slice CT Scan unit the hospital authority will provide space as per AERB specifications .This includes 10 inches wall thickness of the room. Partners will be responsible for internal furnishing and furbishing as per AERB guidelines including lead shielding of door. Internal wiring, fitting and fixtures in connection to electricity including air conditioning will be responsibility of the private partner.
r. There will be a two stage verification process for procurement and installation of the 16 slice CT Scan machine. Initially the selected vendor will upload copy of specifications of machines they intend to procure if selected as part of Technical BID documents which will be examined by the Tender Selection Committee in association with Technical experts and Bio-Medical engineers of the department. This will include documents related to total project cost .Only after clearance by the Tender Selection Committee and further departmental approval the Award of Contract will be provided and the private service provider will be allowed to procure the machine. Again finally after installation of the unit the Partner will request for final commissioning of the units under Technical experts and Bio-Medical engineers of the department as per tendered specifications. Only after certification will the Partner be allowed to start functioning of the units. If there is any alteration or malingering reported by certifying authority nominated by the DoHFW in installation as per norms of the agreement Award of Contract will be terminated as per bad industry practice machine may be confiscated by the authority.
s. The Private Service Provider is responsible for entire operation and management of these facilities with their own resources including deployment of Medical, Technical and other personnel. The Private Service Provider needs to comply with the relevant Clinical Acts, Laws and other applicable norms. It may also be mentioned here that the Private Service Provider are required to deploy technical persons who have completed the relevant diploma courses of conducted by State Medical Faculty of West Bengal or from institutions affiliated under State Medical Faculty of West Bengal or similar such standards as are acceptable to the signatory to the agreement on behalf of the DoHFW.
t. The Private Service Provider will applicable; r be responsible for proper maintenance and upkeep of the equipment equipments and accessories procured by them in accordance with the provision of the agreement .The cost ; s maintain cleanliness; dispose off biomedical waste as per applicable norms; t arrange for and maintain security of CAMC ( Comprehensive annual maintenance Contract the Hospital Site where the services are provided at its own cost; u maintain the Clearances by complying with the conditions there under and renewals if any required from time to time and comply with all statutory requirements for running its operation and submit the same for review of the Hospital Authority as and when required; v comply with the requirements mentioned under Article ‘’2.4 e ‘’ for electricity and make prompt payment of user charges for the electricity used for conducting the services in the Hospital Site; w ensure back up power (generator services) has for continuation of services in case of disruption in electrical power. x regularly pay salaries and other emoluments to be borne the staff engaged by it for the services operated by The Concessionaire; y submit a list of the personnel engaged for the services as O&M partner to the Hospital Authority and provide identity card issued by the Hospital Authority to all the personnel engaged in the Centre; z display conspicuously in the Hospital Site, the list of Investigations with Price for the prescribed services for the patients of Government Hospitals as well as the price for the patients referred by the private partner and has to be paid by the service provider on regular basis as per rate contracted with the equipment supplier during procurement of the equipment .The document related to the payment of CAMC has to be submitted to the hospital authority for necessary record.
u. The Private Service Provider will hospitals/ private practitioners; aa obtain and maintain insurances within one month of start of operation of the services for the Hospital Sites including the equipments as per Good Industry Practice including insurances against damages to property due to force majeuremajeur, insurances against theft and loss of equipment and such other insurances as are required for the Services undertaken by The Concessionaire; bb install a suggestion box in the Hospital Site to enable patients to give feedback based on which actions are to be taken for patient/customer satisfaction. cc The DoHFW, if it is so required, has the discretion to enter into a supplementary agreement with Private Service Provider
v. Service standards partners incorporating certain new/ amended clauses based on mutual consent of both parties. However the department will have the discretion not to issue further renewal of existing agreement if the PPP partners do not agree with the revised terms and conditions of supplementary agreement and the department shall be followed free to issue tender for selection of new Private partner. Further the hospital authority may issue relevant notice 60 days prior to floating of e-tender for selection of new private partner on non compliance of revised terms and conditions as may be issued by the Private Service Provider in accordance with the Good Industry practices
w. Appropriate and approved software packages will be installed by the Private Service Provider to disseminate relevant information through on daily basisdepartment. The software as approved by the DoHFW will be used for all kinds of transactions done by the Private Service Provider so that web based monitoring at any point of time can be done by the concerned authorities of the DoHFW at the state level and at the hospital level. The cost of installation and maintenance of the software has to be borne by the private partner.
x. The EOM partner, with the help and support of the DoHFW, shall also work out installation of multi facility monitoring mode and establish connectivity with other health facilities for transmitting the digital images undertaken for each of the investigations for dd For the purpose of review and reports as and when required.
y. renewal of existing agreement the private partner has to apply to hospital authority 6 months prior to date of completion of existing agreement. The Private Service Provider will ensure that the services would be operational for the duration of time as prescribed under Section 7.1bb z. The Private Partner (PSP) hospital authority shall ensure that the services operated by it shall be accessible for teaching proper and training purposes for undergraduate and postgraduate students as and where applicable and also for radiography students for their training as and when required.
aa. The schedule for such teaching and training where utilization timely review of performance of the diagnostic facilities is mandated will unit at least at an interval of six months. A hospital level monitoring committee should be decided between constituted for this purpose under the MSVP/Superintendent of the hospital authority or who will monitor the performance of the unit on regular basis and submit their authorized representatives and report to the private partnerhospital authority. ee For purpose of review of performance important criterias like timely delivery of reports, collection of user charges as per government rates, proper display of rates in the facility, strict adherence to SOP while running the units, deployment of qualified manpower as per norms, regular payment of all dues including concession fees, electricity charges, CAMC charges, shall have to be considered.
Appears in 4 contracts
Samples: Renewal Agreement, Renewal Agreement, Renewal Agreement
Concessionaire’s Obligations. In addition to and not in derogation or substitution of any of its obligations under this Agreement, the Concessionaire shall have the following obligations:
7.1 Implementation of the scheme and operation & maintenance of equipments
a. equipments a For O&M type of units ( herein referred to the Dialysis unit ) the selected private partner will have to start patient service soon after the commissioning of the unit and handing over of the equipments and accessories to the PPP partner by the hospital authority along with signing of a possession certificate and a legal agreement. b Installation of electricity meter in its own name will be undertaken by the O&M partner. In case of installation of Sub-meter by the hospital authority under such circumstances where electric meter in own name may not be provided for time being the cost towards installation of such sub-meter shall be borne by the private partner. The Hospital Authority will raise bills as per reading in the sub-meter which has to be made operational in EOM model where equipment procurement and installation is to be done paid within due time by the selected Private Service Providerprivate partner. c be responsible, or where Renewal as per provision of agreement is requiredthis agreement, they are required for proper maintenance of the machines, related equipments and accessories provided by the WBMSCL on behalf of the DoHFW for this scheme and comply with the conditions of CMC relating to keep a security deposit the contracted value and terms of Rs 10, 00,000/- Lakhs payment for CMC as set out by way of Bank Guarantee in favour the WBMSCL on behalf of the DoHFW with any scheduled/nationalized Bank acceptable to DoHFW.
b. The selected Private partner shall ensure that the concession fee is paid to the concerned RKS on quarterly basis within the 10th day supplier during procurement of the 1st month of the subsequent quarter to be incorporated in the agreement. The concession fee will be 20% of the gross revenue in each quarter or a fixed amount quoted as concession fees in each quarter whichever is higher.
c. equipments; d In case the private partner fails to pay the concession fees /20% of the gross revenue generated in the quarter whichever is higher within 10th of the first month of the subsequent quarter, interest @ 1%per month on the due concession fees will be imposed for each 15 days delay thereof subjected to a maximum allowable extension period of 3 months from last due date of payment of concession. All dues along with applicable interest have to be cleared within the allowable limit of 3 months beyond which relevant procedure for termination of contract and floating of e-tender for selection of new private partners will be initiated by the Hospital Authority/Department of Health & Family welfare. However penalty clause will be applicable till the date of decommissioning of the unit and handover of site under possession of the private partner to the hospital authority in interest of public serviceauthority. In case there is any deviation in service the hospital authority may initiate appropriate action in form of FIR and other relevant measures under rule of law including black listing of the private partner.
d. In case hospital authority fails to clear the dues within the stipulated time and date interest @ 1% per month on concession fee may be charged for each 30 days delay and thereof. This is subjected to the clause that the private partners pay the quarterly premium and raise bills with all proper documents within stipulated time as mentioned in clause 7C.
e. e As per Clause 7.1.c 7.1.d above if the partners fails to clear the due Concession fees with applicable penalty charges within the time allowed the hospital authority will not be liable to make any further payments to the private party for free services provided by them until all such due with penalty are cleared. Moreover the private partner has to continue service under all circumstances even if termination clauses are applied for default of payment of concession fees or any other reasons by the hospital authority until the date of decommissioning of the unit and handover of site under possession of the private partner to the hospital authority in Interest of public service. In case there is any deviation in service the hospital authority may initiate appropriate action in form of FIR and other relevant measures under rule of law including black listing of the private partner.
f. Installation . g In case hospital authority fails to clear the dues within the stipulated time and date interest @ 1% per month on the dues may be charged for each 30 days delay and thereof. This is h be responsible to sign the CMC with the supplier as per the contracted value three months prior to completion of electricity meter warranty period; i be responsible to make necessary payments for CMC and repair charges to the supplier in its own name will be undertaken accordance with the terms of the agreement by the O&M/EOM partnerWBMSCL with the supplier. j The service provider will have to maintain an uptime of 90% with maximum 7 days of downtime at a stretch for Dialysis of the facility. In case they fails to do so the provider will have to pay a sum equivalent to a average cost of installation of Sub-meter Dialysis multiplied by the hospital authority under such circumstances where electric meter in own name total Dialysis done per day during a given month for a machine, for each day of shut down beyond 7 days. If shut down extends beyond 30 days due to Technical/Administrative reasons on part of service provider, the contract may not be provided for time being the cost towards installation of such sub- meter shall be borne by the private partnercancelled. The Hospital Authority will raise bills provider shall make alternative arrangements for provisions of Dialysis Service (including free transportation of patients) if machine are broken down for a period greater than 24 hours. The rates of Dialysis Service as per reading contracted value in the sub-meter which has to be paid within due time by the private partner.
g. The Private Service Provider agreement will ensure back up power (generator services) for continuation of services not change in case of disruption in electrical power as per specifications and standard power requirement of the respective equipments
h. any case. k The Private Service Provider will comply with all statutory requirements as applicable under Xxx Xxxx Xxxxxx Xxxxxxxx Xxxxxxxxxxxxx Xxx 0000 and The West Bengal Clinical Establishment Rules 2003 as amended hereafter and other applicable Acts and Laws. It may be mentioned here that the service provider will have to comply with THE WEST BENGAL CLINICAL ESTABLISHMENTS (REGISTRATION, REGULATION AND TRANSPARENCY) Act, 2017. And subsequent rules as and when notified by the State Government.
i. l The Private Service Provider will also comply with the fire safety requirements as per West Bengal Fire Services Act, 1950 as amended up to date.
j. Engagement of . n procure the Clearance licenses required medical, technical and other personnel for operation and management of commencing the services will including the licenses required under the Clinical Establishment Acts and Rules, Trade License etc; o commence providing services in the hospital only after the Hospital Authority has duly certified that all requirements as applicable for commencing the services in respect thereof have been fulfilled. Provided, the Concessionaire shall procure such certification from the Hospital Authority latest by two months from the date hereof failing which this Agreement shall be ensured by liable to be terminated; p conduct Tests/Services as per the Private Service Provider in accordance Good Industry Practices and comply with the requirements of the relevant Clinical Establishment Acts and Norms.
k. All the operational cost relating to functioning of each of the services including the cost of deployment of the personnel will be borne by the Private Service Provider.
l. The Private Service Provider will ensure that the entire system operated by them are accessible for teaching and training purposes for undergraduates and postgraduates students at any point of time at pre-designed schedule.
m. The Private partner, with the help and support of the DoHFW, shall also work out installation of multi facility monitoring mode and establish connectivity with other health facilities for transmitting the digital images undertaken for each of the investigations for the purpose of review and reports Rules as and when required.
n. Cases referred by the hospital authority shall be given priority in the diagnostics centre. No case duly referred by the hospital authority shall be delayed and hospital authority shall pay for all such cases within 25th day of the first month of the subsequent quarter subjected to timely payment of concession fees as per clause 7C by the private partner
o. No book adjustments for free cases against the concession fee shall be allowed.
p. In EOM type of units the selected private partners will have to procure the specified equipment and accessories and complete installation of the same and start patients service within 3 months from the date of handing over ready to use space and required power at the facility as per standard specifications by the hospital authority after signing of a possession certificate.
q. For the 16 Slice CT Scan unit the hospital authority will provide space as per AERB specifications .This includes 10 inches wall thickness of the room. Partners will be responsible for internal furnishing and furbishing as per AERB guidelines including lead shielding of door. Internal wiring, fitting and fixtures in connection to electricity including air conditioning will be responsibility of the private partner.
r. There will be a two stage verification process for procurement and installation of the 16 slice CT Scan machine. Initially the selected vendor will upload copy of specifications of machines they intend to procure if selected as part of Technical BID documents which will be examined by the Tender Selection Committee in association with Technical experts and Bio-Medical engineers of the department. This will include documents related to total project cost .Only after clearance by the Tender Selection Committee and further departmental approval the Award of Contract will be provided and the private service provider will be allowed to procure the machine. Again finally after installation of the unit the Partner will request for final commissioning of the units under Technical experts and Bio-Medical engineers of the department as per tendered specifications. Only after certification will the Partner be allowed to start functioning of the units. If there is any alteration or malingering reported by certifying authority nominated by the DoHFW in installation as per norms of the agreement Award of Contract will be terminated as per bad industry practice machine may be confiscated by the authority.
s. The Private Service Provider is responsible for entire operation and management of these facilities with their own resources including deployment of Medical, Technical and other personnel. The Private Service Provider needs to comply with the relevant Clinical Acts, Laws and other applicable norms. It may also be mentioned here that the Private Service Provider are required to deploy technical persons who have completed the relevant diploma courses of conducted by State Medical Faculty of West Bengal or from institutions affiliated under State Medical Faculty of West Bengal or similar such standards as are acceptable to the signatory to the agreement on behalf of the DoHFW.
t. The Private Service Provider will applicable; r be responsible for proper maintenance and upkeep of the equipment equipments and accessories procured by them in accordance with the provision of the agreement .The cost ; s maintain cleanliness; dispose off biomedical waste as per applicable norms; t arrange for and maintain security of CAMC ( Comprehensive annual maintenance Contract the Hospital Site where the services are provided at its own cost; u maintain the Clearances by complying with the conditions there under and renewals if any required from time to time and comply with all statutory requirements for running its operation and submit the same for review of the Hospital Authority as and when required; v comply with the requirements mentioned under Article ‘’2.4 e ‘’ for electricity and make prompt payment of user charges for the electricity used for conducting the services in the Hospital Site; w ensure back up power (generator services) has for continuation of services in case of disruption in electrical power. x regularly pay salaries and other emoluments to be borne the staff engaged by it for the services operated by The Concessionaire; y submit a list of the personnel engaged for the services as O&M partner to the Hospital Authority and provide identity card issued by the Hospital Authority to all the personnel engaged in the Centre; z display conspicuously in the Hospital Site, the list of Investigations with Price for the prescribed services for the patients of Government Hospitals as well as the price for the patients referred by the private partner and has to be paid by the service provider on regular basis as per rate contracted with the equipment supplier during procurement of the equipment .The document related to the payment of CAMC has to be submitted to the hospital authority for necessary record.
u. The Private Service Provider will hospitals/ private practitioners; aa obtain and maintain insurances within one month of start of operation of the services for the Hospital Sites including the equipments as per Good Industry Practice including insurances against damages to property due to force majeuremajeur, insurances against theft and loss of equipment and such other insurances as are required for the Services undertaken by The Concessionaire; bb install a suggestion box in the Hospital Site to enable patients to give feedback based on which actions are to be taken for patient/customer satisfaction. cc The DoHFW, if it is so required, has the discretion to enter into a supplementary agreement with Private Service Provider
v. Service standards partners incorporating certain new/ amended clauses based on mutual consent of both parties. However the department will have the discretion not to issue further renewal of existing agreement if the PPP partners do not agree with the revised terms and conditions of supplementary agreement and the department shall be followed free to issue tender for selection of new Private partner. Further the hospital authority may issue relevant notice 60 days prior to floating of e-tender for selection of new private partner on non compliance of revised terms and conditions as may be issued by the Private Service Provider in accordance with the Good Industry practices
w. Appropriate and approved software packages will be installed by the Private Service Provider to disseminate relevant information through on daily basisdepartment. The software as approved by the DoHFW will be used for all kinds of transactions done by the Private Service Provider so that web based monitoring at any point of time can be done by the concerned authorities of the DoHFW at the state level and at the hospital level. The cost of installation and maintenance of the software has to be borne by the private partner.
x. The EOM partner, with the help and support of the DoHFW, shall also work out installation of multi facility monitoring mode and establish connectivity with other health facilities for transmitting the digital images undertaken for each of the investigations for dd For the purpose of review and reports as and when required.
y. renewal of existing agreement the private partner has to apply to hospital authority 6 months prior to date of completion of existing agreement. The Private Service Provider will ensure that the services would be operational for the duration of time as prescribed under Section 7.1bb z. The Private Partner (PSP) hospital authority shall ensure that the services operated by it shall be accessible for teaching proper and training purposes for undergraduate and postgraduate students as and where applicable and also for radiography students for their training as and when required.
aa. The schedule for such teaching and training where utilization timely review of performance of the diagnostic facilities is mandated will unit at least at an interval of six months. A hospital level monitoring committee should be decided between constituted for this purpose under the MSVP/Superintendent of the hospital authority or who will monitor the performance of the unit on regular basis and submit their authorized representatives and report to the private partner.hospital authority. ee For purpose of review of performance important criterias like timely delivery of reports, collection of user charges as per government rates, proper display of rates in the facility,
Appears in 1 contract
Samples: Renewal Agreement
Concessionaire’s Obligations. In addition to and not in derogation or substitution of any of its obligations under this Agreement, the Concessionaire shall have the following obligations:
7.1 Implementation of the scheme and operation & maintenance of equipments
a. equipments a For O&M type of units ( herein referred to the Digital X ray unit ) the selected private partner will have to start patient service soon after the commissioning of the unit and handing over of the equipments and accessories to the PPP partner by the hospital authority along with signing of a possession certificate and a legal agreement. b Installation of electricity meter in its own name will be undertaken by the O&M partner. In case of installation of Sub-meter by the hospital authority under such circumstances where electric meter in own name may not be provided for time being the cost towards installation of such sub-meter shall be borne by the private partner. The Hospital Authority will raise bills as per reading in the sub-meter which has to be made operational in EOM model where equipment procurement and installation is to be done paid within due time by the selected Private Service Providerprivate partner. c be responsible, or where Renewal as per provision of agreement is requiredthis agreement, they are required for proper maintenance of the machines, related equipments and accessories provided by the WBMSCL on behalf of the DoHFW for this scheme and comply with the conditions of CMC relating to keep a security deposit the contracted value and terms of Rs 10, 00,000/- Lakhs payment for CMC as set out by way of Bank Guarantee in favour the WBMSCL on behalf of the DoHFW with any scheduled/nationalized Bank acceptable to DoHFW.
b. The selected Private partner shall ensure that the concession fee is paid to the concerned RKS on quarterly basis within the 10th day supplier during procurement of the 1st month of the subsequent quarter to be incorporated in the agreement. The concession fee will be 20% of the gross revenue in each quarter or a fixed amount quoted as concession fees in each quarter whichever is higher.
c. equipments; d In case the private partner fails to pay the concession fees /20% of the gross revenue generated in the quarter whichever is higher within 10th of the first month of the subsequent quarter, interest @ 1%per month on the due concession fees will be imposed for each 15 days delay thereof subjected to a maximum allowable extension period of 3 months from last due date of payment of concession. All dues along with applicable interest have to be cleared within the allowable limit of 3 months beyond which relevant procedure for termination of contract and floating of e-tender for selection of new private partners will be initiated by the Hospital Authority/Department of Health & Family welfare. However penalty clause will be applicable till the date of decommissioning of the unit and handover of site under possession of the private partner to the hospital authority in interest of public serviceauthority. In case there is any deviation in service the hospital authority may initiate appropriate action in form of FIR and other relevant measures under rule of law including black listing of the private partner.
d. In case hospital authority fails to clear the dues within the stipulated time and date interest @ 1% per month on concession fee may be charged for each 30 days delay and thereof. This is subjected to the clause that the private partners pay the quarterly premium and raise bills with all proper documents within stipulated time as mentioned in clause 7C.
e. e As per Clause 7.1.c above if the partners fails to clear the due Concession fees with applicable penalty charges within the time allowed the hospital authority will not be liable to make any further payments to the private party for free services provided by them until all such due with penalty are cleared. Moreover the private partner has to continue service under all circumstances even if termination clauses are applied for default of payment of concession fees or any other reasons by the hospital authority until the date of decommissioning of the unit and handover of site under possession of the private partner to the hospital authority in Interest of public service. In case there is any deviation in service the hospital authority may initiate appropriate action in form of FIR and other relevant measures under rule of law including black listing of the private partner.
f. Installation . g In case hospital authority fails to clear the dues within the stipulated time and date interest @ 1% per month on the dues may be charged for each 30 days delay and thereof. This is subjected to the clause that the private partners pay the quarterly premium and raise bills with all proper documents within stipulated time as mentioned in clause 7C. h be responsible to sign the CMC with the supplier as per the contracted value three months prior to completion of electricity meter warranty period; i be responsible to make necessary payments for CMC and repair charges to the supplier in its own name will be undertaken accordance with the terms of the agreement by the O&M/EOM partnerWBMSCL with the supplier. In case of installation of Sub-meter by the hospital authority under such circumstances where electric meter in own name may not be provided for time being the cost towards installation of such sub- meter shall be borne by the private partner. The Hospital Authority will raise bills as per reading in the sub-meter which has to be paid within due time by the private partner.
g. The Private Service Provider will ensure back up power (generator services) for continuation of services in case of disruption in electrical power as per specifications and standard power requirement of the respective equipments
h. k The Private Service Provider will comply with all statutory requirements as applicable under Xxx Xxxx Xxxxxx Xxxxxxxx Xxxxxxxxxxxxx Xxx 0000 and The West Bengal Clinical Establishment Rules 2003 as amended hereafter and other applicable Acts and Laws. It may be mentioned here that the service provider will have to comply with THE WEST BENGAL CLINICAL ESTABLISHMENTS (REGISTRATION, REGULATION AND TRANSPARENCY) Act, 2017. And subsequent rules as and when notified by the State Government.
i. l The Private Service Provider will also comply with the fire safety requirements as per West Bengal Fire Services Act, 1950 as amended up to date.
j. Engagement of . n procure the Clearance licenses required medical, technical and other personnel for operation and management of commencing the services will including the licenses required under the Clinical Establishment Acts and Rules, Trade License etc; o commence providing services in the hospital only after the Hospital Authority has duly certified that all requirements as applicable for commencing the services in respect thereof have been fulfilled. Provided, the Concessionaire shall procure such certification from the Hospital Authority latest by two months from the date hereof failing which this Agreement shall be ensured by liable to be terminated; p conduct Tests/Services as per the Private Service Provider in accordance Good Industry Practices and comply with the requirements of the relevant Clinical Establishment Acts and Norms.
k. All the operational cost relating to functioning of each of the services including the cost of deployment of the personnel will be borne by the Private Service Provider.
l. The Private Service Provider will ensure that the entire system operated by them are accessible for teaching and training purposes for undergraduates and postgraduates students at any point of time at pre-designed schedule.
m. The Private partner, with the help and support of the DoHFW, shall also work out installation of multi facility monitoring mode and establish connectivity with other health facilities for transmitting the digital images undertaken for each of the investigations for the purpose of review and reports Rules as and when required.
n. Cases referred by the hospital authority shall be given priority in the diagnostics centre. No case duly referred by the hospital authority shall be delayed and hospital authority shall pay for all such cases within 25th day of the first month of the subsequent quarter subjected to timely payment of concession fees as per clause 7C by the private partner
o. No book adjustments for free cases against the concession fee shall be allowed.
p. In EOM type of units the selected private partners will have to procure the specified equipment and accessories and complete installation of the same and start patients service within 3 months from the date of handing over ready to use space and required power at the facility as per standard specifications by the hospital authority after signing of a possession certificate.
q. For the 16 Slice CT Scan unit the hospital authority will provide space as per AERB specifications .This includes 10 inches wall thickness of the room. Partners will be responsible for internal furnishing and furbishing as per AERB guidelines including lead shielding of door. Internal wiring, fitting and fixtures in connection to electricity including air conditioning will be responsibility of the private partner.
r. There will be a two stage verification process for procurement and installation of the 16 slice CT Scan machine. Initially the selected vendor will upload copy of specifications of machines they intend to procure if selected as part of Technical BID documents which will be examined by the Tender Selection Committee in association with Technical experts and Bio-Medical engineers of the department. This will include documents related to total project cost .Only after clearance by the Tender Selection Committee and further departmental approval the Award of Contract will be provided and the private service provider will be allowed to procure the machine. Again finally after installation of the unit the Partner will request for final commissioning of the units under Technical experts and Bio-Medical engineers of the department as per tendered specifications. Only after certification will the Partner be allowed to start functioning of the units. If there is any alteration or malingering reported by certifying authority nominated by the DoHFW in installation as per norms of the agreement Award of Contract will be terminated as per bad industry practice machine may be confiscated by the authority.
s. The Private Service Provider is responsible for entire operation and management of these facilities with their own resources including deployment of Medical, Technical and other personnel. The Private Service Provider needs to comply with the relevant Clinical Acts, Laws and other applicable norms. It may also be mentioned here that the Private Service Provider are required to deploy technical persons who have completed the relevant diploma courses of conducted by State Medical Faculty of West Bengal or from institutions affiliated under State Medical Faculty of West Bengal or similar such standards as are acceptable to the signatory to the agreement on behalf of the DoHFW.
t. The Private Service Provider will applicable; r be responsible for proper maintenance and upkeep of the equipment equipments and accessories procured by them in accordance with the provision of the agreement .The cost ; s maintain cleanliness; dispose off biomedical waste as per applicable norms; t arrange for and maintain security of CAMC ( Comprehensive annual maintenance Contract the Hospital Site where the services are provided at its own cost; u maintain the Clearances by complying with the conditions there under and renewals if any required from time to time and comply with all statutory requirements for running its operation and submit the same for review of the Hospital Authority as and when required; v comply with the requirements mentioned under Article ‘’2.4 e ‘’ for electricity and make prompt payment of user charges for the electricity used for conducting the services in the Hospital Site; w ensure back up power (generator services) has for continuation of services in case of disruption in electrical power. x regularly pay salaries and other emoluments to be borne the staff engaged by it for the services operated by The Concessionaire; y submit a list of the personnel engaged for the services as O&M partner to the Hospital Authority and provide identity card issued by the Hospital Authority to all the personnel engaged in the Centre; z display conspicuously in the Hospital Site, the list of Investigations with Price for the prescribed services for the patients of Government Hospitals as well as the price for the patients referred by the private partner and has to be paid by the service provider on regular basis as per rate contracted with the equipment supplier during procurement of the equipment .The document related to the payment of CAMC has to be submitted to the hospital authority for necessary record.
u. The Private Service Provider will hospitals/ private practitioners; aa obtain and maintain insurances within one month of start of operation of the services for the Hospital Sites including the equipments as per Good Industry Practice including insurances against damages to property due to force majeuremajeur, insurances against theft and loss bb install a suggestion box in the Hospital Site to enable patients to give feedback based on which actions are to be taken for patient/customer satisfaction. cc The DoHFW, if it is so required, has the discretion to enter into a supplementary agreement with Private partners incorporating certain new/ amended clauses based on mutual consent of equipment both parties. However the department will have the discretion not to issue further renewal of existing agreement if the PPP partners do not agree with the revised terms and such other insurances conditions of supplementary agreement and the department shall be free to issue tender for selection of new Private partner. Further the hospital authority may issue relevant notice 60 days prior to floating of e-tender for selection of new private partner on non compliance of revised terms and conditions as are required for the Services undertaken may be issued by the Private Service Provider
v. Service standards will be followed by the Private Service Provider in accordance with the Good Industry practices
w. Appropriate and approved software packages will be installed by the Private Service Provider to disseminate relevant information through on daily basisdepartment. The software as approved by the DoHFW will be used for all kinds of transactions done by the Private Service Provider so that web based monitoring at any point of time can be done by the concerned authorities of the DoHFW at the state level and at the hospital level. The cost of installation and maintenance of the software has to be borne by the private partner.
x. The EOM partner, with the help and support of the DoHFW, shall also work out installation of multi facility monitoring mode and establish connectivity with other health facilities for transmitting the digital images undertaken for each of the investigations for dd For the purpose of review and reports as and when required.
y. renewal of existing agreement the private partner has to apply to hospital authority 6 months prior to date of completion of existing agreement. The Private Service Provider will ensure that the services would be operational for the duration of time as prescribed under Section 7.1bb z. The Private Partner (PSP) hospital authority shall ensure that the services operated by it shall be accessible for teaching proper and training purposes for undergraduate and postgraduate students as and where applicable and also for radiography students for their training as and when required.
aa. The schedule for such teaching and training where utilization timely review of performance of the diagnostic facilities is mandated will unit at least at an interval of six months. A hospital level monitoring committee should be decided between constituted for this purpose under the MSVP/Superintendent of the hospital authority or who will monitor the performance of the unit on regular basis and submit their authorized representatives and report to the private partnerhospital authority. ee For purpose of review of performance important criterias like timely delivery of reports, collection of user charges as per government rates, proper display of rates in the facility, strict adherence to SOP while running the units, deployment of qualified manpower as per norms, regular payment of all dues including concession fees, electricity charges, CAMC charges, shall have to be considered.
Appears in 1 contract
Samples: Renewal Agreement
