TRIPARTITE AGREEMENTTRIPARTITE AGREEMENT

This Agreement is made on this 26 day of July 2023, between the

Khyber Pakhtunkhwa Health Foundation through its Chairman Board of Governors (BoGs)
(hereinafter to referred to as the First Party), which expression shall, where the context permits,
include his successors-in-interest, legal representatives and permitted assigns of the First Part;

AND

The Directorate General Health Services Khyber Pakhtunkhwa through the Hospital Director,
Bacha Khan Medical Complex, Swabi at District Swabi (hereinafter referred to as the Second
Party), which expression shall, where the context permits, include his successors-in-interest,
legal representatives and permitted assigns of the Second Part;

AND

HAMDAN Institute of Nursing and Allied Health Sciences swabi through its Principal having its
registered office located at Main Jehangira Road Near Bilal Masjid, District Swabi (hereinafter
referred to as the "Third Party") which expression shall, where the context permits, includes
her/his successor-in- interest, legal representatives and permitted assigns of the Third Part:

WHEREAS the First Party is statutorily mandated to promote, facilitate,

coordinate and oversee Public Private Partnerships initiatives and is desirous to improve

the quality of health sector in the Khyber Pakhtunkhwa Province in accordance with the
requirements of the modern times and is willing of upgrading and improve the healthcare

facilities at the Bacha Khan Medical Complex, Swabi (hereinafter referred to as the

"Hospital");

AND WHEREAS the Second Party being head of the Hospital is responsible for the delivery of
healthcare services to the public and is desirous to impart clinical training to the paramedical
students of HAMDAN Institute of Nursing and Allied Health Sciences swabi in consideration of
the capitation fee to be paid in accordance with provisions of this Agreement hereinafter
mentioned; AND WHEREAS the Third Party is desirous to obtain teaching facilities for the BS
NURSING students of the HAMDAN Institute of Nursing and Allied Health Sciences
swabi(hereinafter referred as the "Third Party"), and in lieu thereof is willing to pay the
capitation fee in accordance with the provision of this

This Agreement is made on this 26 day of July 2023, between the

Khyber Pakhtunkhwa Health Foundation through its Chairman Board of Governors (BoGs)
(hereinafter to referred to as the First Party), which expression shall, where the context permits,
include his successors-in-interest, legal representatives and permitted assigns of the First Part;

AND

The Directorate General Health Services Khyber Pakhtunkhwa through the Hospital Director,
Bacha Khan Medical Complex, Swabi at District Swabi (hereinafter referred to as the Second
Party), which expression shall, where the context permits, include his successors-in-interest,
legal representatives and permitted assigns of the Second Part;

AND

HAMDAN Institute of Nursing and Allied Health Sciences swabi through its Principal having its
registered office located at Main Jehangira Road Near Bilal Masjid, District Swabi (hereinafter
referred to as the "Third Party") which expression shall, where the context permits, includes
her/his successor-in- interest, legal representatives and permitted assigns of the Third Part:

WHEREAS the First Party is statutorily mandated to promote, facilitate,

coordinate and oversee Public Private Partnerships initiatives and is desirous to improve

the quality of health sector in the Khyber Pakhtunkhwa Province in accordance with the

requirements of the modern times and is willing of upgrading and improve the healthcare

facilities at the Bacha Khan Medical Complex, Swabi (hereinafter referred to as the

"Hospital");

AND WHEREAS the Second Party being head of the Hospital is responsible for the delivery of
healthcare services to the public and is desirous to impart clinical training to the paramedical
students of HAMDAN Institute of Nursing and Allied Health Sciences swabi in consideration of
the capitation fee to be paid in accordance with provisions of this Agreement hereinafter
mentioned; AND WHEREAS the Third Party is desirous to obtain teaching facilities for the BS
NURSING students of the HAMDAN Institute of Nursing and Allied Health Sciences
swabi(hereinafter referred as the "Third Party"), and in lieu thereof is willing to pay the
capitation fee in accordance with the provision of this

Hospital:

NOW, THEREFORE, in consideration of the conditions hereinafter contained. the Parties mutually agree
as follows:

1. DEFINITIONS:
Unless the context otherwise requites, the following expressions shall have the meanings hereby
respectively assigned to them, that is to say-

(a) "Appendix" means the Appendix attached to this Agreement;

(b) "Capitation fee" means the monthly fee received by the Second Party from the Third Party in
accordance with clause 11:

(c) "Finance Department" means the Finance Department, Government of Khyber Pakhtunkhwa;

(d) (e) "Government" means the Government of Khyber Pakhtunkhwa: "Health Department" means the
Health Department, Government of the Khyber Pakhtunkhwa;

(1) "Parties" means the Parties to this Agreement; and

2. COMMENCEMENT AND TERM OF THE AGREEMENT:

2.1. This Agreement shall commence from the date of signing of this Agreement by the Parties and shall
remain valid for a period of Ten years unless earlier terminated as per clause 13 of this Agreement.

2.2. The Parties may, with their mutual consent, amend, alter or extend this Agreement

for such term as may be agreed between the Parties.

3. GENERAL TERMS AND CONDITIONS:

3.1. Soon after the commencement of this Agreement, the Second Party shall ensure that Health
Department notify and declare the Hospital as teaching hospital for training purposes under this
Agreement as per the requirements of the Khyber Pakhtunkhwa Medical Faculty, the Khyber
Pakhtunkhwa Medical University or any other Degree, Diploma or Certificate awarding body:
3.2. The Hospital, all its assets, its land and structure thereon shall continue to remain under the
ownership and possession of the Government of Khyber Pakhtunkhwa as a part of health care facilities
controlled by the Health Department.

3.3. Any new building, equipment and other assets constructed or added to the Hospital by the Third
Party during the period of this Agreement, shall, on the expiry or termination of this Agreement,
become the property of the Government with full

vested rights. 3.4. The Third Party shall use the facilities at the Hospital for clinical trainings of its
paramedical students against the payment of capitation fees as given in clause 11.1

of this Agreement

3.5. During the period of this Agreement, the Third Party shall ensure to provide the

necessary facilities/infrastructure required to bring the Hospital up to the standards of undergraduate

teaching hospital of Khyber Pakhtunkhwa Medical Faculty, the Khyber Medical University, the Higher
Education Commission or any other such body established for the purpose.

3.6. The Hospital shall remain part of the health service delivery system of the

Government and shall provide services to the public as per approved quality

standards of the Government for such health facilities.

3.7. The responsibilities concerning patient's care shall be shared between the paramedical staff in the
Hospital and the respective paramedical teaching staff of the Third Party, under the auspices of the
Hospital Management Committee constituted under clause 5.4 of this Agreement.

3.8. The Third Party shall inform both the First Party and the Second Party in advance

regarding the following, namely:

(a) (b)

increase in the number of trainee students; change in type of training courses;

(e) any change in the location/building or address of the Third Party;

(d)

any change in its permanent faculty; and

(e) any change in ownership of the College. 3.9. This Agreement shall be governed by the laws of Islamic
Republic of

Pakistan especially the laws applicable on the subject in the Province of Khyber Pakhtunkhwa

4. STAFF APPOINTED BY THE THIRD PARTY:

4.1. The Third Party may, for the purposes of this Agreement, appoint/hire teaching faculty and other
staff, if required,

4.2. All the teaching faculty and staff appointed/hired under clause 4.1 shall be appointed by the
Third Party at its own expenses and shall remain the employees of the Third Party and the Third
Party shall be liable to pay salaries to such staff. 4.3. All the faculty, staff or any employee
appointed by the Third Party under clause

4.1 shall be purely temporary and shall not accrue any right of a regular civil

servant or Government servant under any Law for the time being in force such staff shall in no
case be entitle to permanent absorption in Government service. 4.4. The teaching staff
appointed/hired by the Third Party shall be visiting consultants in the Hospital in his/her relevant
field. The teaching staff of the Third Party shall
also take care of the patients and look after the wards of the Hospital, in addition

to teaching the students.

5. RESPONSIBILITIES OF THE FIRST PARTY:

The First Party shall have the following responsibilities, namely: 5.1. The First Party shall
monitor and supervise the implementation of this Agreement.

5.2. The First Party along-with the Second Party shall- a) review and approve the annual report
of the Hospital Management Committee; and

b) review the audited accounts of the Hospital.

5.3. The First Party shall ensure that implementation of this Agreement is in

compliance with the provisions of the Khyber Pakhtunkhwa Health Foundation

Act, 2016.

5.4. The First Party shall, immediately upon execution of this Agreement, constitute a Hospital
Management Committee. The Hospital Management Committee shall have such composition,
perform such functions and follow such procedure as provided clause 8.

6. RESPONSIBILITIES OF THE SECOND PARTY:

The Second Party shall have the following responsibilities, namely:

6.1. The Second Party shall, along-with the First Party, review and approve the annual report of
the Hospital Management Committee.

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6.2. The Second Party shall, along with the First Party, review the audited accounts of the Hospital.

6.3. The Second Party shall be responsible for the day-to-day operation and

administration of the Hospital. RESPONSIBILITIES OF THE THIRD PARTY:

7.1. The Third Party shall bear the cost of improvement, additions and infrastructure

development in the Hospital for the purposes of and within the framework of this

Agreement.

7.2. The Third Party shall meet the teaching and other staff requirements in the Hospital necessary for
the smooth running of the activities under this Agreement: Provided that the staff recruited by the Third
Party shall be purely on temporary basis and it shall in no case accrue the right of regular Government

service on such staff or their permanent absorption in Government Service:

Provided further that such staff shall not be treated as staff of the Hospital or the Staff of the Second
Party.

7.3. The Third Party shall reserve one seat each for admission in BS Programme and Diploma Program on
open merit as per merit list of the Provincial Admission Committee on the charges equivalent to the fee
structure charged by the public sector paramedical colleges/institutes from a student admitted on open
merit quota. 7.4. The Third Party shall provide the following documents within a period of two

years from the execution of this Agreement, namely:

(a) registration with the Khyber Pakhtunkhwa Revenue Authority: (b) registration with the Federal Board
of Revenue or provide exemption, if any; (c) affiliation with the Khyber Pakhtunkhwa Medical Faculty:

(d) affiliation with the Khyber Medical University; Regulatory

(e) affiliation with the Khyber Pakhtunkhwa Higher Education Authority (HERA); (1) bank account in the
name of the Paramedical Institute for operational funds;

and (g) bank account on the name of Paramedical Institute for endowment fund.
Page 5 of 13

7.5. Failure of the Third Party to comply with clause 7.4 shall lead to confiscation of performance
security under this Agreement and may also lead to termination of this Agreement by the First Party. In
addition, the Third Party may also be

permanently debarred, disqualified and blacklisted by the First Party.

S. COMPOSITION, FUNCTIONS AND MEETINGS OF THE HOSPITAL MANAGEMENT COMMITTEE:

8.1. The Hospital Management Committee constituted under clause 5.4 shall consist

of the following, namely:

a) Medical Superintendent of the

Hospital (Second Party);

b) Principal/ Dean of the College (Third Party); c) District Health Officer, concern District;

d) A representative of the Khyber Pakhtunkhwa Health Foundation (First Party); and

e) A person co-opted by the Chairman.

Chairman

Vice Chairman

Member
Member

Member

8.2. The Hospital Management Committee shall meet at least every four months: however, the
Chairman may convene meetings of the Hospital Management

Committee as frequently as required.

8.3. The meetings of the Hospital Management Committee shall be presided over by the Chairman and
in his absence by the Vice Chairman. 8.4. The quorum of meetings of the Hospital Management
Committee shall be half of

its members and all decisions shall be taken by majority of votes: provided that the co-opted member
shall have no right of vote. In case there is a tie, the person presiding over the meeting shall have a
casting vote. 8.5. The Hospital Management Committee shall perform the following functions,

namely: (a) administration and management of the Hospital regarding matters under this Agreement;
however, the day-to-day operations of the Hospital shall

be the responsibility of Second Party; (b) regulation of clinical teaching and discipline amongst students
during

clinical teaching at the Hospital; prepare the annual business plan for ensuring provision of the clinical
and teaching services of the Hospital out of the revenue generated (c)

through capitation fee or investment of the Third Party for improving the health facilities in the Hospital
including but not limited to-

identify areas for improvement in the Hospital;

(ii)

(iii)

set targets and activities;

provide cost of the identified activities; and

(iv) execute the approved annual business plan;

(d) prepare and submit annual report on implementation of business plan to the First Party and the
Second Party; and (e) to deal with the financial management and audit paras relating to the

revenue generated and its subsequent execution under this Agreement. 8.6. The Hospital Management
Committee may request the Controller General of Accounts for obtaining the services of a qualified
Account Officer from the Accountant General Office Khyber Pakhtunkhwa to assist it in the maintenance
of the Hospital Fund accounts.

9. Notices:

9.1. Any information to be conveyed by one Party to the other Party pursuant to this Agreement, shall
be sent in the form of a Notice in writing via cable, telex, courier, facsimile or email. 9.2. For the
purposes of Notice under this Agreement, the Parties shall nominate focal

persons. 9.3. The Notice shall be deemed effective when dispatch on the given address of any

Party or their respective focal person. 9.4. For the purposes of this Agreement, Notice shall be sent to
the Parties in the following address, namely:

First Party
Second Party

Third Party

House # 19

Park Road University Town Peshawar

9.5. The language of the Notice for the purposes of this Agreement shall be English.

10. HOSPITAL FUND:

10.1. There shall be a fund to be known as the Hospital Fund vested in the Hospital

which shall consist of revenue from the capitation fee or any other grant received from the Third Party
during the period of this Agreement. 10.2. The Hospital Fund shall only be utilized to execute the
Hospital annual

business plan for improving the health facilities and patient care in the Hospital.

The Hospital Fund shall not be utilized to meet the cost of activities mentioned in

clause 7.1 which shall exclusively be borne by the Third Party.

10.3. The Hospital Fund shall be kept in a designated bank account in any scheduled bank as per the
Finance Department's criteria in the name of Medical Superintendent of the Hospital with District Health
Officer concerned as co- 11 signatory,

11. CONSIDERATION:

11.1. In lieu of using the facilities at the Hospital for clinical trainings of the trainee
paramedical students, the Third Party shall be liable to pay monthly capitation fee as per the details
given in the Appendix. The capitation fee shall be charged from the Third Party on the basis of its actual
strength of students attending the clinical classes in the Hospital.

11.2. The capitation fee shall be paid biannually by the Third Party each year not later than two months
from commencement of clinical training in the Hospital of the respective student batch.

11.3. The revenue received through capitation fee shall be distributed between the Bacha Khan Medical
Complex, Swabi, Kohat and the Khyber Pakhtunkhwa Health Foundation in the following manner,
namely:

(a) eighty percent (80%) shall go to the Hospital; and

(b) twenty percent (20%) shall go to the Khyber Pakhtunkhwa Health Foundation.

11.4. The Third Party shall deposit a performance security, with the First Party in the

following manner, namely: (as Annexure-I)

(a) in case of BS Programme only, the amount of performance security shall be rupees two hundred
thousand (Rs. 200000/-);

(b) in case of both BS Programme and Diploma Programme, the amount of performance security shall be
rupees three hundred thousand (Rs.300000/-); and

(c) in case of Diploma programme only, the amount of performance security shall be rupees one
hundred thousand (100000/-).
11.5. In case the Third Party fails to deposit the capitation fee within the time as provided in clause 11.2,
an amount at the rate of one percent (1.00%) of the due amount for each passing month shall also be
charged as late payment charges till the deposit of the due amount.

11.6. The amount of performance security under clause 11.4 shall, subject to clause 7.5. be refundable
by the First Party to the Third Party after the expiry or termination of this Agreement.

12. AUDIT

12.1. The Hospital Fund as mentioned in clause 10 shall be audited by the Auditor General of Pakistan.

12.2. The Internal Audit Cell of Health Department shall conduct internal audit of the Hospital Fund on
yearly basis or as and when required.

13. TERMINATION OF AGREEMENT.

The Parties may terminate this Agreement, subject to six months prior notice on the

following grounds, namely:

Health Dept

(a) if any Party to this Agreement fails to comply with any or all clauses of this Agreement or defrauds or
deviates from this Agreement.

(b) if any party fails to perform their assigned roles and responsibilities as

provided in this Agreement;

(e) in case, affiliation of the Second Party with the Khyber Pakhtunkhwa Medical Faculty or Khyber
Medical University has been suspended. cancelled, revoked or temporarily abandoned; provided that in
case of TN suspension, cancellation, revocation or temporary abandonment of affiliation of the Second
Party as mentioned above, any liability created in this regard shall rest solely with the Second Party
including but not limited to the liabilities related to the admitted students;

(d) due to occurrence of a Force Majeure event which lasts for six months or more; and for any other
mutually agreed reason.

(c)

14. FORCE MAJEURE

14.1. Notwithstanding anything to the contrary contained in this Agreement, neither Party shall be liable
to the other Party for any loss, injury, delay, damages or other casualties suffered or incurred by such
other Party due to riots, storms, fire. earthquakes, explosions, war or any other cause that is beyond the
reasonable control of such Party.

14.2. Any of the Parties to this Agreement may terminate this Agreement in case the force majeure
event continues for six months or more.

15. DISPUTE RESOLUTION

Office

15.1. In case any dispute arises between the Parties with regards to the contractual obligations under
this Agreement, or the interpretation of any of the provisions of this Agreement, the same shall be
settled amicably through direct negotiations

between the Parties. 15.2. If negotiations between the Parties fail to settle the dispute, the Parties shall
refer

the dispute to Health Department for settlement through arbitration in accordance with the provisions
of the Arbitration Act, 1940. 15.3. The Health Department shall, on reference of the dispute under
clause 15.2. appoint a Panel of Arbitrators which shall include one nominee of each Party.
(a) if any Party to this Agreement fails to comply with any or all clauses of this Agreement or defrauds or
deviates from this Agreement.

(b) if any party fails to perform their assigned roles and responsibilities as

provided in this Agreement;

(e) in case, affiliation of the Second Party with the Khyber Pakhtunkhwa Medical Faculty or Khyber
Medical University has been suspended. cancelled, revoked or temporarily abandoned; provided that in
case of TN suspension, cancellation, revocation or temporary abandonment of affiliation of the Second
Party as mentioned above, any liability created in this regard shall rest solely with the Second Party
including but not limited to the liabilities related to the admitted students;

(d) due to occurrence of a Force Majeure event which lasts for six months or more; and for any other
mutually agreed reason.

(c)

14. FORCE MAJEURE

14.1. Notwithstanding anything to the contrary contained in this Agreement, neither Party shall be liable
to the other Party for any loss, injury, delay, damages or other casualties suffered or incurred by such
other Party due to riots, storms, fire. earthquakes, explosions, war or any other cause that is beyond the
reasonable control of such Party.

14.2. Any of the Parties to this Agreement may terminate this Agreement in case the force majeure
event continues for six months or more.

15. DISPUTE RESOLUTION

Office

15.1. In case any dispute arises between the Parties with regards to the contractual obligations under
this Agreement, or the interpretation of any of the provisions of this Agreement, the same shall be
settled amicably through direct negotiations

between the Parties. 15.2. If negotiations between the Parties fail to settle the dispute, the Parties shall
refer

the dispute to Health Department for settlement through arbitration in accordance with the provisions
of the Arbitration Act, 1940. 15.3. The Health Department shall, on reference of the dispute under
clause 15.2. appoint a Panel of Arbitrators which shall include one nominee of each Party.

15.4. The Panel of Arbitrators shall make all efforts to settle the dispute and give its

award within six months; provided that if the Panel of Arbitrators failed to give award within six months
it shall record reasons for the same. 15.5. The decision of the Panel of Arbitrators shall be final and
binding on the Parties.

IN WITNESS whereof the Parties hereby affix their signatures to this Agreement on this day of July 2023,

For and on behalf of the First Party

Name:

For and on behalf of the Second Party Numer Kestatul Bisede, Name: DR RIA2 Mostangy

For and on behalf of the

Third Party
Signature:

Designation:

Managing Director

17301-14205/3

CNIC Maging Direc

Signature: Designation:

Designation: PRINCIPALNES UNIVERSITY

EDU SYSTEM.

Khyber Pakhtunaw Heath Endation

Official Seal

CNIC No.

HOSPITAL DIRECTOR

CNIC N202 NCS University System

Official Seal:
Swabi Campus

Witness No. 1932-14574 Witness No. 1 A Witness No. 1. Saiba Lelan

...GKMC/BXMC-MTI,Swabi... Official Seal:

Signature

CNIC CNIC No. 1621-9722222-1 CNIC No. 16202-6629237-7 Witness No. 2 17201-2271453-7 Witness No.
2. Abdel Hadi

Witness 2.

CNIC No.

CNIC No.

CNIC No. 16 22/2845