SAMPLE
Agreement on government procurement of services for conducting seminars on professional development of civil servants of state institutions "____________________________________"
№ ___
Kostanai
«___» _________ 2013
State Institution ___________________________, hereinafter referred to as Customer, represented by acting on ______________________
(Director's name is written in full)
__________________ Based on _________________, on one hand, and the
Municipal State Enterprise
"Regional Training Centre and training of civil servants "government Kostanay region (hereinafter - the Center), hereinafter referred to as Supplier, in the person of the center Jakupova Tamara Salimovna acting on the basis of the Charter , approved by the government Kostanay region from February 27, 2012 number 99, on the other hand, by
_________________________ Law of the Republic of Kazakhstan "On Public Procurement» № 303 from 21.07.2007, in accordance with the Decree of the President of the Republic of Kazakhstan on October 11, 2004 N 1457 "On Approval of training and retraining of civil servants of the Republic of Kazakhstan" signed this Agreement and have agreed on the following.
1.
SUBJECT MATTER
1.1. Supplier shall provide the Customer Services for the workshop to improve the skills of civil servants on the topics in accordance with the approved time schedule of training and retraining of civil servants for 2013:
-
_______ (insert topic in accordance with the approved plan of schedule ), number of persons ____________
-
_______ (insert topic in accordance with the approved plan of schedule),
number of persons ____________
-
_______ (insert topic in accordance with the approved plan of schedule),
number of persons ____________
in total
_______ hours.
1.2.
Period of service: ______________ (indicate the exact date of the workshop (s))
1.3.
Customer shall pay to the Supplier the cost of services provided:
___________ specify datu_oplaty _____________
1.4.
Cost of 1 hour workshop to improve the skills for a public servant is 780.00 (seven hundred and eighty) tenge.
1.5.
Agreement price is
_______________ (______) m. Payment is made under the budget program _____ "_______" on the specifics of 149, "Other services and work."
1.6.
This contract concepts listed below shall have the following meanings:
A)
"Professional Development" - short-term training seminars in their areas of professional activity lasting from three days to two weeks;
b) "Contract Price"
means the amount to be paid by the Customer
to the Supplier under the Contract for the full implementation of its contractual obligations;
c)
"Schedule"
- a document developed based on the needs of government agencies, approved and agreed upon in the prescribed manner for a certain period, the list of topics for further training and retraining of civil servants.
2. OBLIGATIONS OF THE PARTIES
2.1.
Supplier undertakes to provide services to the Customer in accordance with the chosen theme of the seminar by the Customer, for 8 hours a day, and the Customer agrees to accept and pay for services in full.
2.2.
accepted: bank transfer to the details specified in this contract by the Supplier.
2.3.
act of the services provided by the Supplier is made upon the services provided. The act of the services rendered shall be made in two copies, signed by the parties after the final test, which assesses the knowledge obtained from the results of the service rendered. One copy shall be signed by the Parties is the Customer, the second copy is sent to the Customer to the Supplier not later than ten (10) calendar days.
2.4.
Supplier shall:
- To carry out a full course of the seminar on the relevant subject specified in this contract, in accordance with the terms of this contract;
- Provide proper quality services in accordance with the educational standards of the Republic of Kazakhstan further education;
-
ensure the room with all the necessary equipment for the training of the Customer, for the purpose of the workshop;
-
ensure the training
of employees of the Customer qualified lecturers required instructional literature;
- to test the civil servants of the Customer, for the purpose of determining the level of acquired knowledge, reflecting a given level in the protocol;
- At the end of training the students who received the required number of points corresponding to the certificate prescribed form of passing the course on a particular subject;
2.5. Supplier may:
- Receive within the time specified in this contract, full payment for services actually rendered;
- Issue a certificate to the listener about the end of the workshop, if the student has not received the required number of points of the final test;
- To prepare a written submission on expulsion from the group listener, in the case of non-attendance at training them without good reason, more than three times, or absences for legitimate reasons, but without the self-study materials for missed training or systematic failure to perform the job of lecturers;
- In the case of non-performance or improper performance of obligations under the Customer Agreement, to unilaterally terminate the Agreement by written notice to the customer on the day of failure (inadequate performance) obligations under the Agreement.
2.6.Zakazchik shall:
-
on time and without delay to ensure the attendance of civil servants to the beginning of the seminar on the relevant subject;
-
guarantee the payment of suppliers providing services;
- Transfer funds in a timely manner and to the extent, in accordance with paragraphs 1.3., 2.3., Of this Agreement;
- Take duly services rendered by an act of the services provided, drawn up in accordance with paragraph 2.3. this contract;
- To return a signed copy of the statement of services rendered to the Supplier in accordance with paragraph 2.3. this contract;
- In the case of changing their details and / or location, within one (1) working day from the date of such change in writing notify the Supplier.
2.7. Principal may:
- Appoint a representative to monitor the implementation of the Supplier of this Agreement, such monitoring may include attendance, final testing and other actions on the part of the customer;
- Request from the Supplier written information on the implementation of commitments;
- In the case of non-performance or improper performance of obligations under the Customer Agreement, to unilaterally terminate the Agreement by written notice to the customer on the day of failure (inadequate performance) obligations under the Agreement.
2.8.
Upon termination of this Agreement by the Customer,
the latter shall pay only for services actually rendered by the Supplier under this Agreement.
Upon termination of this Agreement by the Vendor, the latter shall have the right to demand payment for services actually rendered to an adequate extent.
2.9. If during the period of the contract to the supplier at any time faced with conditions that prevent the timely provision of services, the Contractor shall immediately send to the Customer written notice of the delay, its expected duration, and the reason (s). Upon receipt of notification from the Supplier the Customer shall evaluate the situation and may, at its discretion, extend the deadline for the contract to the supplier, in this case, such an extension should be signed by the parties by amendment of the text of the Treaty, by a supplemental agreement.
3. Responsibilities of the Parties
3.1.
Parties In case of default on its contractual obligations under the Contract shall be liable in accordance with the laws of the Republic of Kazakhstan.
3.2.
In case of delay in payment by the Customer the amount for services rendered at a certain time under this contract, the latter shall pay the Supplier a penalty in the amount of 0.1% (zero point one percent) of the amount payable.
3.3.
in the case of non-performance or improper performance of obligations under the Agreement, the latter shall pay a penalty in the relevant budget in the amount of 0.1% (zero point one percent) of the amount payable for one seminar (one service).
4. Force majeure
4.1.
Parties shall not be liable for the total or partial failure to fulfill obligations under the Treaty, if it proves that the proper performance was impossible due to force majeure, that is, majeure under the given conditions, including, but not limited to: war, riots, strikes, fires, explosions, floods and other natural disasters, regardless of the location of event, the decisions of any public authority to prohibit the implementation of the Treaty, and other force majeure (Next - Force majeure), provided that the Force Majeure directly affected the performance of the obligations under the Agreement.
4.2.
Under the circumstances Force Majeure Party, whose performance of any obligations under the Treaty has not been possible due to the onset of force majeure shall immediately, but no later than three (3) working days from the date of the occurrence of the circumstances, to notify the other Party in writing, and to take all possible actions to reduce losses and damages in respect of the other Party and to restore its ability to meet its obligations under the Agreement. No notification or late notification deprives the Party of the right to refer to any event of force majeure as grounds for exemption from liability for failure to fulfill obligations under the Agreement, except in cases where no such notification or late notification directly caused by the relevant circumstances of Force Majeure.
4.3.
Deadline obligations under the Agreement extended in proportion to the time during which the act of force majeure, and the effects caused by these circumstances. If the impossibility of complete or partial performance of the Parties' obligations under the Agreement to reflect the occurrence of force majeure will be more than thirty (30) calendar days, the parties have the right to terminate the Agreement. In this case, the parties agree to make a final mutual settlement within ten (10) calendar days from the date of termination of the Agreement for the above reasons.
4.4.
During the three (3) calendar days from the date of termination of the force majeure involved in his party shall notify the other Party of the termination of the force majeure and shall resume the performance of its obligations under the Agreement. Notice of the initiation and termination of the force majeure must be confirmed by the relevant competent authority of the document. In case of force majeure are well-known and widely reported in the media, the view of the above document is not required.
5. CONFIDENTIALITY AGREEMENT
5.1.
Parties recognize that the terms of the Agreement, including its annex, as well as all of the information that has become known to the Parties, in general, contain confidential information and undertake to keep confidential and not disclose it in any form to any person, except as specified legislative acts of the Republic of Kazakhstan, and regardless of the duration of the Agreement.
6. DISPUTE RESOLUTION
6.1.
If disagreements arise in the performance of obligations under the Agreement, the Parties shall take all necessary measures to resolve them out of court. The parties also provide Complaint production. Time for consideration of claims of ten (10) calendar days.
6.2. If the parties do not come to a mutual agreement, the disputes are considered by the court in accordance with the laws of the Republic of Kazakhstan.
7. OTHER CONDITIONS
7.1. Agreement comes into force:
-
the date of signature and the seal of each of the Parties to the Treaty, and is valid until the obligations of each party. The final term of the Agreement 31 December 2012, provided for in the event of a complete fulfillment of the obligations of each party.
7.2. Agreement is drawn up in two copies, each of which is original and has the same legal force.
7.3. All changes and additions to this Agreement shall be in writing, through the development of additional agreement signed by both parties under the Agreement.
7.4. If the reorganization of one of the Parties under this Agreement, the rights and obligations under the contract is not terminated and transferred to the successors of the Parties.
7.5. All annexes to this Agreement are an integral part.
7.6. Otherwise, it is not provided in this Agreement shall be governed by the legislation of the Republic of Kazakhstan.
8.MESTA LOCATION,
DETAILS AND SIGNATURES
|
SUPPLIER |
CUSTOMER
|
|
SOE "Regional Training Centre and training of civil servants" government Kostanay region
110000 Kostanai Street. Baitursynov 67
TRN: 391700210767
BIN 060140002971
IIC:
KZ 95998 GTB 0000003349
BIC:
TSESKZKA
"Tsesnabank"
phone, fax: 575124, 575150, 575144 |
|
Director T. _____________ Zhakupova
Agreement on government procurement of services for the refresher course servant of the State
"_________________________________"
Number ____
Kostanai
«___» _________ 2013
State Institution ______________________________, hereinafter referred to as Customer, represented ________________________________ acting under ____________________________, on the one hand, and the Municipal
State Enterprise "Regional Training Centre and training of civil servants "government Kostanay region (hereinafter - the Center), hereinafter referred to as Supplier, in the person of the center Jakupova Tamara Salimovna acting on the basis of the Charter, approved by the government Kostanay region
from February 27, 2012 number 99 , on the other hand, based on the
______________________ of the Law of the Republic of Kazakhstan "On Public Procurement» № 303 from 21.07.2007, in According to the Decree of the President of the Republic of Kazakhstan on October 11, 2004 N 1457 "On Approval of training and retraining of civil servants of the Republic of Kazakhstan" signed this Agreement and have agreed on the following.
1.
SUBJECT MATTER
1.1.
Supplier shall provide the Customer with services for the purpose of retraining course of administrative officials:
-
for the first time adopted an administrative public service;
- Assigned to the administrative position
thematically in accordance with the schedule approved by the training and retraining of civil servants on 1
half of 2013:
"Public service: modern methods and technologies"
No. of persons 1
in total 80 hours ( 2 weeks ).
1. 2. Term of service: ____________ 20___.
1.3.
Customer shall pay to the Supplier the cost of services provided:
_______ to 2013.
1.4.
Cost of 1 hour refresher course for a public servant is 780.00 (seven hundred and eighty) tenge.
1.5.
Agreement price is _______________ (______) m. Payment is made under the budget program
_____ "_______" on the specifics of 149, "Other services and work."
1.6.
This contract concepts listed below shall have the following meanings:
A)
"Refresher"
- short-term training courses for up to six weeks for first-time admitted to the civil service and appointed to a leading administrative position. Retraining of administrative officials, for the first time adopted an administrative public service shall be held not later than three months from the date of appointment.
Administrative official appointed to a leading administrative position is sent to refresher courses for three months from the date of appointment.
b) "Contract Price"
means the amount to be paid by the Customer to the Supplier under the Contract for the full implementation of its contractual obligations;
c) "Schedule" - a document developed based on the needs of government agencies, approved and agreed upon in the prescribed manner for a certain period, the list of topics for further training and retraining of civil servants.
2.
OBLIGATIONS OF THE PARTIES
2.1.
Supplier undertakes to provide services to the Customer in accordance with the chosen theme of the Customer refresher course
for 8 hours a day, and the Customer to accept and pay for services in full.
2.2.
accepted: bank transfer to the details set forth in this agreement.
2.3.
terms of payment by the Customer for the services provided by the Supplier are specified in paragraph 1.3. this contract.
2.4.
act of the services provided by the Supplier is made upon the services provided. The act of the services rendered shall be made in two copies, signed by the parties after the final test, which assesses the knowledge obtained from the results of the service rendered. One copy shall be signed by the Parties is the Customer, the second copy is sent to the Customer to the Supplier not later than ten (10) calendar days.
2.5.
Supplier shall:
- To carry out a full course of training on the relevant subject specified in this contract, in accordance with the terms of this contract;
- Provide proper quality services in accordance with the educational standards of the Republic of Kazakhstan further education;
-
ensure the room with all the necessary equipment for the training of the customer, in order to conduct a refresher course;
-
ensure the
training of employees of the Customer
qualified lecturers required instructional literature;
-
to test the civil servants of the Customer, for the purpose of determining the level of acquired knowledge, reflecting a given level in the protocol;
- Organize a committee to protect the course projects listeners refresher course;
- At the end of the refresher course to give students who received the required number of points, Certificate of Completion of training on a particular subject;
2.6. Supplier may:
- Receive within the time specified in this contract, full payment for services actually rendered;
- Issue a certificate of course completion listener training, if the student has not received the required number of points of the final test;
- To prepare a written submission on expulsion from the group listener, in the case of non-attendance at training them without good reason, more than three times, or absences for legitimate reasons, but without the self-study materials for missed training or systematic failure to perform the job of lecturers;
- In the case of non-performance or improper performance of obligations under the Customer Agreement, to unilaterally terminate the Agreement by written notice to the customer on the day of failure (inadequate performance) obligations under the Agreement.
2.7.
Principal shall:
-
on time and without delay to ensure the attendance of civil servants to the top of the refresher course on the relevant subject;
- guarantee the payment of suppliers providing services;
- Transfer funds in a timely manner and to the extent, in accordance with paragraphs 1.3., 2.3., Of this Agreement;
- Take duly services rendered by an act of the services provided, drawn up in accordance with paragraph 2.4. this contract;
- To return a signed copy of the statement of services rendered to the Supplier in accordance with paragraph 2.4. this contract;
- In the case of changing their details and / or location, within one (1) working day from the date of such change in writing notify the Supplier.
2.8. Principal may:
- Appoint a representative to monitor the implementation of the Supplier of this Agreement, such monitoring may include attending classes, intermediate and final testing and other actions on the part of the customer;
- Request from the Supplier written information on the implementation of commitments;
- In the case of non-performance or improper performance of obligations under the Customer Agreement, to unilaterally terminate the Agreement by written notice to the customer on the day of failure (inadequate performance) obligations under the Agreement.
2.9.
Upon termination of this Agreement by the Customer,
the latter shall pay only for services actually rendered by the Supplier under this Agreement.
Upon termination of this Agreement by the Vendor, the latter shall have the right to demand payment for services actually rendered to an adequate extent.
2.10. If during the period of the contract to the supplier at any time faced with conditions that prevent the timely provision of services, the Contractor shall immediately send to the Customer written notice of the delay, its expected duration, and the reason (s). Upon receipt of notification from the Supplier the Customer shall evaluate the situation and may, at its discretion, extend the deadline for the
contract to the supplier, in this case, such an extension should be signed by
the parties by amendment of the text of the Treaty, by a supplemental agreement.
3. Responsibilities of the Parties
3.1.
Parties In case of default on its contractual obligations under the Contract shall be liable in accordance with the laws of the Republic of Kazakhstan.
3.2.
In case of delay in payment by the Customer the amount for services rendered at a certain time under this contract, the latter shall pay the Supplier a penalty in the amount of 0.1% (zero point one percent) of the amount payable.
3.3.
in the case of non-performance or improper performance of obligations under the Agreement, the latter shall pay a penalty in the relevant budget in the amount of 0.1% (zero point one percent) of the amount payable for a refresher course (one service).
4. Force majeure
4.1.
Parties shall not be liable for the total or partial failure to fulfill obligations under the Treaty, if it proves that the proper performance was impossible due to force majeure, that is, majeure under the given conditions, including, but not limited to: war, riots, strikes, fires, explosions, floods and other natural disasters, regardless of the location of event, the decisions of any public authority to prohibit the implementation of the Treaty, and other force majeure (Next - Force majeure), provided that the Force Majeure directly affected the performance of the obligations under the Agreement.
4.2.
Under the circumstances Force Majeure Party, whose performance of any obligations under the Treaty has not been possible due to the onset of force majeure shall immediately, but no later than three (3) working days from the date of the occurrence of the circumstances, to notify the other Party in writing, and to take all possible actions to reduce losses and damages in respect of the other Party and to restore its ability to meet its obligations under the Agreement. No notification or late notification deprives the Party of the right to refer to any event of force majeure as grounds for exemption from liability for failure to fulfill obligations under the Agreement, except in cases where no such notification or late notification directly caused by the relevant circumstances of Force Majeure.
4.3.
Deadline obligations under the Agreement extended in proportion to the time during which the act of force majeure, and the effects caused by these circumstances. If the impossibility of complete or partial performance of the Parties' obligations under the Agreement to reflect the occurrence of force majeure will be more than thirty (30) calendar days, the parties have the right to terminate the Agreement. In this case, the parties agree to make a final mutual settlement within ten (10) calendar days from the date of termination of the Agreement for the above reasons.
4.4.
During the three (3) calendar days from the date of termination of the force majeure involved in his party shall notify the other Party of the termination of the force majeure and shall resume the performance of its obligations under the Agreement. Notice of the initiation and termination of the force majeure must be confirmed by the relevant competent authority of the document. In case of force majeure are well-known and widely reported in the media, the view of the above document is not required.
5. PRIVACY STATEMENT
5.1.
Parties recognize that the terms of the Agreement, including its annex, as well as all of the information that has become known to the Parties, in general, contain confidential information and undertake to keep confidential and not disclose it in any form to any person, except as specified legislative acts of the Republic of Kazakhstan, and regardless of the duration of the Agreement.
6. DISPUTE RESOLUTION
6.1.
If disagreements arise in the performance of obligations under the Agreement, the Parties shall take all necessary measures to resolve them out of court. The parties also provide Complaint production. Time for consideration of claims of ten (10) calendar days.
6.2. If the parties do not come to a mutual agreement, the disputes are considered by the court in accordance with the laws of the Republic of Kazakhstan.
7. OTHER CONDITIONS
7.1. Agreement comes into force:
-
the date of signature and the seal of each of the Parties to the Treaty, and is valid until the obligations of each party. The final term of the Agreement 31 December 2013, provided for in the event of a complete fulfillment of the obligations of each party.
7.2. Agreement is in ________ identical copies on ____________ languages, each of which is the original and has the same legal force.
7.3. All changes and additions to this Agreement shall be in writing, on ____________ languages through the development of additional agreement signed by both parties under the Agreement.
7.4. If the reorganization of one of the Parties under this Agreement, the rights and obligations under the contract is not terminated and transferred to the successors of the Parties.
7.5. All annexes to this Agreement are an integral part.
7.6. Otherwise, it is not provided in this Agreement shall be governed by the legislation of the Republic of Kazakhstan.
8.MESTA LOCATION,
DETAILS AND SIGNATURES
|
CUSTOMER |
SUPPLIER
|
|
|
SOE "Regional Training Centre and training of civil servants" government Kostanay region
110000 Kostanai Street. Baitursynov 67
TRN: 391700210767
BIN 060140002971
IIC:
KZ 95998 GTB 0000003349
BIC:
TSESKZKA
"Tsesnabank"
phone, fax: 575124, 575150, 575144 |
|
|
Director T. _________________ Zhakupova
|
|
