AULA AN AA | Services Agreement | This Services Agreement (“The Agreement”) is entered into this day 30/07/2020, by and between Khyber Pakhtunkhwa Culture and Tourism Authority (KPCTA) through its Director Admin and Finance, having its office at Olympic Plaza Peshawar Sports Complex, Stadium Road, Peshawar, Cantt; hereinafter called the “Client"which expression shall, where the context admits, be deemed to include the assignee/s of the Authority); And Messrs. Career Testing Services Pakistan through its Director Administration, having its registered office at CTSP Head Quarter, Office No. 140 Street No. 9 |-10/3 Islamabadhereinafter called the referred to as the “” or “Service Provider” and which expression, unless repugnant to the context, means and includes their legal heir/s, successors-in-interest, assignee/s and legal representative/s) that: WHEREAS, the Client desires to award the contract to the Consultant/Service Provider in order to provide services as per Scope of Services in RFP, inter alia conduct of screening test in a transparent manner for shortlisting of eligible candidates who applied for recruitment against vacant posts of Management Positions of MP-Il and MP —Iil’.e. equivalent to APS 17 to APS 19 and also for Authority Pay Scales (APS -04 to APS -17) in Khyber Pakhtunkhwa Culture and Tourism Authority in 2 phased manner in accordance with terms of this Agreement; and WHEREAS, the Consultant/Service Provider has been determined as successful bidder through open competition under Khyber Pakhtunkhwa Public Procurement Rules 2014, and now submits its express willingness in compliance of Letter of Acceptance (LOA) along with Performance Guarantee in the form of COR @ Rs.500,000/- (Five Hundred Thousand Rupees Only) in order to perform the services for the client as set forth in this Agreement. NOW THEREFORE, in consideration of the above Recitals, which are hereby incorporated into the below ‘Agreement, and in consideration of the mutual promises made herein, the receipt and sufficiency of which are hereby acknowledged, the Client and the Consultant/Service Provider hereto agrees as follows: yw 1. THE CONTRACT: The following documents shall be deemed to form and be read and construed as integral part of this contract, vi * The scope of services and ancillary matters duly agreed between the parties. ‘+ The price schedule and per unit cost agreed by the parties. + The General Conditions of the Contract (GCC); and * The Special Conditions of the Contract (SCC) 2. SERVICES: ‘The Consultant/Service Provider agrees to perform the following services (the “Services” ely, expeditious and professional manner in accordance with all applicable provisions of the Consultant/Service Provider's Proposal dated 06/07/2020, which is attached hereto as Exhibit “A” and incorporated herein by this reference. In the event of any conflicts between the Agreement and any of the terms of the attached exhibits, the terms of this Agreement shall prevail Page 1 of aVos Aspe Kiod y127259 ‘ATONE This is a framework agreement and thus the term of this Agreement shall be from 30/07/2020 to 29/07/2021 or any other period as may be subsequently agreed by the parties in writing, The Agreement may be terminated earlier by final completion of the Services by the Consultant/Service Provider and acceptance of the services by the Client or through the termination provisions provided hereit NATION: The Consultant/Service Provider may terminate this Agreement with reasons at any time by giving the Client written notice of not less than thirty (30) days. The Client may terminate this Agreement at any time in the event that the Consultant/Service Provider violates the terms of this Agreement or falls to produce a result that meets the requisite standards relating to professionalism, integrity, ethical conduct, clauses of confidentiality of this Agreement. In case of termination of agreement before closing. date of receiving of applications, the payments made by applicants will be reimbursed to applicants by \ consultant/service provider. CONFIDENTIALITY: The Consultant/Service Provider and its employees, agents, or representatives shall not, at any time or in any manner, either directly or indirectly, use for its personal benefit, or divulge, disclose, ‘or communicate in any manner, any information that is proprietary to the Client. The employees, agents and representatives shall protect such information and treat it as strictly confidential. This provision shall be deemed operative even after closure and/or termination of this Agreement.n case of any breach of confidentiality or any activity pertaining to subversion, collusion or coercion and bribery by any applicant, the client shall initiate legal proceedings against the Consultant/Service Provider by not limited to forfeiture of performance guarantee rather debarment and blacklisting under KPPRA Procurement Rules 2014. CONSULTANT/SERVICE PROVIDER RESPONSIBILITIES: In addition to all other obligations contained in clause 01 above, the Consultant/Service Provider agrees to proceed with diligence and promptness and hereby warrants that such Services shall be performed in accordance with the highest professional workmanship and service standards in the field to the satisfaction of the Client; and to comply with the provisions of all provincial and federal laws, regulations, ordinances, requirements and codes which are applicable to the performance of the Services hereunder. The Consultant/Service Provider shall also be responsible for payment of all applicable taxes and duties both at provincial and federal level. The Consultant/Service Provider shall also coordinate all efforts with the Client to get the necessary permissions for performance of the contract. The Client shall however facilitate the Consultant/Service Provider for ensuring an efficient service delivery. The Consultant/Service Provider shall submit the consolidated report of applies against each category along with details of eligible/ineligible candidates and total sum of amount ofall categories. OWNERSHIP OF THE MATERIAL: ‘Any data, reports or other information provided by the Client or the applicants to the Consultant/Service Provider during the performance of services under this Agreement and any reports, material or other information required under the services of this Agreement shall be and remain the sole Page 2 of 42660 eae e ISLD pI KLId°7{LATE HT property of the Client at all times. The Consultant/Service Provider shall return or provide to the Client such documents, etc. after completion and before full payment of the compensation herein at the expense of the consultant/service provider. & DOSSIER FOR INTERVIEW: The Consultant/Service Provider shall submit a comprehensive case pertaining details regarding applicant's bio data, academic and experience details/ certificates etc. before date of interview for that specific category. The dossier shall contain list of ten candidates per post on merit in each category. 9. INDEMNIFICATION AND INSURANCE: The Consultant/Service Provider shall indemnify and hold harmless the Client from and against all claims, damages, losses, and expenses arising out of or resulting from acts or omissions of the Consultant/Service Provider, or otherwise arising out of remedial measures and/or managerial actions e ‘taken and/or to be taken and/or any powers exercised and/or to be exercised by the Client with regard to the execution of this contract agreement. 30. THIRD PARTY: tp This Agreement does not and shall not be deemed to confer upon any third party any right to. claim damages to bring suit, or other proceeding against either the Client or Consultant/Service Provider because of any term contained in this Agreement. ‘IL ASSIGNMENT: This Agreement is for specified services predicated upon Consultant/Service Provider's special abilities or knowledge, and Consultant/Service Provider shall not assign this Agreement in whole or in part without prior written consent of the Client. 2 MENT OF DISPUT! LUTION: Both the Client and the Consultant/Service Provider undertake to resolve any disputes amicably and in case of disagreement the decision of the Director General, KPCTA (client) shall be final. In case there is grievance from the decision of Director General, KPCTA (client), the matter shall be referred to adjudication/ Arbitration in accordance with the Arbitration Act 1940. 3B. FORCE MAJEURE: Force Majeure or other excusable causes for failure to perform duties and obligations under a contract generally include Acts of God or of the public enemy, Fires, Floods, Epidemics, Strikes and Freight embargoes etc. In case of the situation related to Force Majeure, the Consultant/Service Provider shall inform the Client promptly and in writing about the situation without any delay along with solid proof through the fastest, lawful and available means of communication, but not through the electronic ‘mail, and request for the grant of extension in the execution. The Director General in such cases shall be the final authority to grant an extension or otherwise. 34 CONTRACT CLOSURE: ‘Once the Consultant/Service Provider submits the final merit list, the Client upon recommendation of the focal person shall close the contract. The Consultant/Service Provider shall also Page 3.0f 4Ce as? t d310 youd Valo Gio,€127261 ensure to provide the relevant data/information pertaining to contract performance to the client and serve a certificate for completion of service by the Client, IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to sign this SERVICES AGREEMENT as of the date first written above. “LIENT CONSULTANT/SERVICE PROVIDER 2 Ws Wie e DIRECTOR ADMIN & FINANCE MUHAMMAD HAROON KHAN Khyber Pakhtunkhwa, Culture & Director Administration Tourism Authority M/s Career Testing Services Pakistan NIC: 17102-2922256-9 CNIC: 12101-8331406-9 ‘Address: Olympic Plaza, Peshawar CTSP Head Quarter, Office No. 140 Street No. 9 Sports Complex, Stadium Road, 1-10/3 Islamabad. Peshawar Cantt. Contact: +92-333-5925999 Contact: +92-91-9211091 als SS ‘WITNESS 1 Ni WITNESS 2 Sed weQas A ABDIL FALL Nie: F7301- 1886 FPS NE: 21201~1724 1S BOS Page 4 of 4os So ed VLed >I