THIS AGREEMENT made on this ......... day of ....... 2009, between ________________ , A PRIVATE HOSPITAL MANAGED AND OWNED BY ______________ and located at ________ cross, _______________. (hereinafter referred to as “HOSPITAL” which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the ONE PART and _______________________ ____________________________ having its registered office at .......... (hereinafter referred to as “AGENCY” which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns) of the OTHER PART.
WHEREAS “HOSPITAL” is having its Hospital/premises at _______________________________________________ (hereinafter referred to as "the premises" which mean and include every moveable and immoveable property within the boundary of the premises either belonging to “HOSPITAL” or clients of “HOSPITAL”) and wishes to engage security guards to provide security for the premises;
AND WHEREAS “AGENCY”, who provides security services to the Hospitals, industrial units, other organisations and institutions has offered to provide security services to HOSPITAL at the premises and HOSPITAL has agreed to avail the said services;
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. The “AGENCY” shall provide __________________ security guards to keep watch and for protection of the premises as per the HOSPITAL's requirement. The security guards provided by the “AGENCY” will be for twenty-four hours in the shift of 8 hours and shall provide complete security arrangement and protection of the site round the clock.
2. The “AGENCY” shall provide the guard's table at the front door of the premises to the security guards and the said guards shall check all the vehicles, personnel and visitors entering into and going out of the premises as per the instructions issued by the HOSPITAL's representative from time to time and shall maintain proper record of the same. Guard shall forsee that all visitors shall maintain absolute silence in the Hospital premises. Guard shall forsee that no one is allowed to smoke in and near the Hospital premises. Guard shall forsee that no in patient shall ran away without paying hospital charges. Each guard before taking charge has to write up in dairy the number of inmates in hospital and number of discharged and admitted during his duty hour, and the same be reported to next incharge. The agency shall arrange for three times check about number of inmates per 24 hours to tally the missing or to avoid any unwanted intrusion
3. The “AGENCY” shall provide its security guards with necessary uniform, arms, Stick/Litchis and torch and other equipment etc. required for the effective discharge of security services to the HOSPITAL at its own expenses. The “AGENCY” will obtain licence, if any, required under the local or central laws for providing security services to the HOSPITAL. No residential facilities shall be provided by the Hospital. It has to be arranged by the “AGENCY” .
4. The “AGENCY” shall ensure that the security guards provided by it maintain proper discipline and they do not, in any manner, cause any interference, annoyance or nuisance to the management and staff of the HOSPITAL or its business or work or its officers/ employees/other contractors. The guards shall keep visitors dairy and shall take details of every visitor. Shall not allow tender coconut shells inside and chappals/shoes and heavy luggage’s without having clear check and permission.
5. The “AGENCY” agrees and undertakes that the security services provided by the security guards shall be to the complete satisfaction of the HOSPITAL and the “AGENCY” will make it clear to the security guards that the latter are employees of the “AGENCY” and they shall have no claims against the HOSPITAL and the HOSPITAL shall not be liable to wages, salary, compensation and any statutory benefits due to the security guards under the labour law and other legislation and the “AGENCY” shall be responsible for providing such amenities to its employees admissible under the law/rules/service conditions. The agency shall be responsible for the payment of salary/wages and deduction of PF and Insurance premium/bonus etc. of Guards as per the provisions under the Wages Act. The hospital shall not be responsible for any type of payment to the Guards.
6. The “AGENCY” shall deposit security deposit of Rs _________ as security towards performance of the stipulated agreement. Which amount is refundable after closing of agreement subjected to any other clauses of this agreement.
7. The “AGENCY” shall have to provide service for protection of all the property of the hospital for twenty four hours for all days of week in the form of shifts. In normal course, no Guards should be placed for two continuous shifts. The Guards will protect the hospital staff sees to it that the rush in OPD is taken care off in a disciplined manner. Security of the hospital staff and doctors to have disciplined enforced in the hospital and to prevent any theft of hospital materials.
8. The “AGENCY” will indemnify HOSPITAL against any claim, loss or damage that may be caused to the HOSPITAL due to wilful acts or omissions or carelessness or negligence of the security guards employed by the “AGENCY”, while on duty.
9. The HOSPITAL shall pay a sum of Rs.__________________________ ________________________________________________________________________________ for the services provided by the “AGENCY” on submission of the bill by the “AGENCY” by 10th day of the following month. The HOSPITAL shall not make any payment to the security guards and payment will be made to the “AGENCY” only.
10. The HOSPITAL shall be entitled to supervise the services provided by the “AGENCY” and if it finds that the conduct, behavior or performance of work of any of its security guard is unsatisfactory, it may issue directions to the “AGENCY” to immediately recall the particular person and substitute him by another and the “AGENCY” shall comply with such directions issued by the HOSPITAL forthwith.
11. The “AGENCY” shall have to provide all the personal information (Permanent Address, pp size photo, health certificate, identification from his inhabited, Id of Govt, his family details, etc as may be additionally summoned from time to time) regarding each security guard before deputing to the premises of HOSPITAL.
12. The “AGENCY” shall have to provide the services this cannot be entrusted to any other agency or sub-agency. If it is found so, their Security Deposit will be forfeited and the agreement will be cancelled.
13. The “AGENCY” shall have to provide the services of strong and healthy trained Guards preferably Ex-Military guards with sound physical condition, in age group of 25 to 40 years, height 5’ 6”. Their names passport size photographs address, identity cards, fingerprints, gun license etc. have to be provided to the Hospital, for records.
14. The “AGENCY” and staff should give full cooperation to the Police in case of inquiry regarding damage caused to the property of the Hospital.
15. The “AGENCY” shall be responsible for security of the hospital building and other buildings in the campus as well as equipments, furniture trees, garden etc. The agency deputed guards should take care and operations of gas cylinders and their replacement/ on and off whenever instructed, with due care and caution. The agency shall take care of on/off of water pump whenever instructed/overflowed.
16. The “AGENCY” shall be responsible for any type of damage to any property of the hospital arised because of theft, arson, looting etc. If after the Police complaint, no other is found responsible for such cause the agency shall be responsible to pay partly all the damage.
17. The “AGENCY” shall If any Guards are found drunken or engaged in other antisocial activities like gambling etc. they shall have to be relieved from the duties immediately and in such matter decision taken by the HOSPITAL shall be final.
18. The “AGENCY” shall see that it have to maintain muster roll, payment sheet, identity cards etc. and have to produce before the Hospital when it is demanded. At the time of changing the shift the Guards shall have to sign the register of hand over, take over charge. They shall also make note of any remarkable incident occurred during their duty time and shall bring the same to the notice of the HOSPITAL immediately and if any offence has taken place immediately has to file complaint with police.
19. For any injury/accident to the Guards on duty the “AGENCY” shall be responsible for legal obligation. The hospital shall not be responsible.
20. This agreement will be for a period of one year from the date of execution of this agreement. The HOSPITAL shall, in the event of the “AGENCY” committing any breach of any of the terms and conditions of this agreement or if the services provided by the “AGENCY” is considered to be unsatisfactory by the HOSPITAL or for any other reason considered by the HOSPITAL as in-sufficient, be entitled to terminate this agreement by giving one month's notice in writing and the “AGENCY” shall not be entitled to any compensation in case of such termination. The “AGENCY” may also terminate this Agreement by giving one month's notice in writing to the HOSPITAL.
21. On expiry or earlier determination of this agreement, the “AGENCY” and the security guards shall quit the premises, without in any way causing any damage to the said premises and the property therein.
22. In case of any dispute or difference arising between the parties under this agreement, the decision of Mr _______________________________, who is mutually agreed to be the arbitrator, will be final.
23. The stamp duty on this agreement and duplicate thereof shall be borne by the “AGENCY”. The original shall be retained by the HOSPITAL and the “AGENCY” shall retain the duplicate.
24. Unless otherwise agreed upon, the respective addresses for communication in respect of any matter relating to this agreement shall be as under:-
For the AGENCY ...........................................................
For the HOSPITAL ............................................................
IN WITNESS WHEREOF, the parties have caused their common seal to be affixed to these presents and the duplicate, the day and year first hereinabove written.