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    All you need to know about the new tow levy

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    Road Safety Contract between National Road Safety Commission and Road Safety Management Services Ltd

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    All you need to know about the new tow levy

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    © All Rights Reserved
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    5K views31 pages

    Road Safety Contract Between National Road Safety Commission and Road Safety Management Services LTD

    Uploaded by

    GhanaWeb Editorial
    All you need to know about the new tow levy

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 31
    ROAD SAFETY MANAGEMENT CONTRACT BETWEEN NATIONAL ROAD SAFETY COMMISSION AND ROAD SAFETY MANAGEMENT SERVICES LIMITED OCTOBER, 2016 = LWDGAST LOR 702016 F . ul This Contract is made this .....ssesageeessvees BETWEEN ven Dayof OSWBER, 284 © NATIONAL ROAD SAFETY COMMISSION a Statutory Public Agency established by the Government of the Republic of Ghana of P.O. Box 01683 Osu, Accra in the Greater Accra Region of the Republic of Ghana acting per its Executive Director (hereinafter referred to as “the NRSC) of the first part. AND ROAD SAFETY MANAGEMENT SERVICES LIMITED, a company incorporated in Ghana having its registered office situated at 26 Farrar Avenue, Adabraka, Accra, in the Greater Accra Region aforesaid and also of P.O, Box M388, Ministries, Accra in the Greater Accra Region aforesaid acting per its Managing Director, (hereinafter referred to as “ the RSMSL”) of the second part. WHEREAS: (1) The NATIONAL ROAD SAFETY COMMISSION (NRSC) is the regulatory statutory public agency responsible for ensuring road safety in Ghana and as part of the strategy aimed at reducing and preventing the occurrence of road traffic crashes within designated highways in Ghana under its National Road Safety Strategy Ill framework for road safety management in Ghana and desires to adopt the Public Private Partnership(PPP) approach to«encourage private sector participation in road safety management: and (2)The ROAD SAFETY MANAGEMENT SERVICES LIMITED (RSMSL) is engaged in providing road safety management services in the country and has submitted a proposal to the NRSC to undertake inter alia, an efficient and effective road safety management and ancillary services as part of the strategy aimed at reducing and preventing the occurrence of road traffic crashes within designated highways in Ghana; and May 7 (3)The RSMSL, Presented a proposal to the NRSC that it has the required financial resources, managerial, technical, technological and Operational skills and competencies in Fespect of road safety management in 2010 which culminated in the Execution of a Management Service Agreement between National Road Safety Commission and Road Safety Management Services Limited in January 18, 2013, (1s: Agreement”): and (4)Owing to non-conformity of the said Management Service Agreement with the Road Traffic Regulations 2012, (LI 2180), the Parties have discussed and mutually agreed to review the |: Agreement in accordance with the Road Traffic Regulations 2012, (LI 2180); and (5)The NRSC has accepted to re-engage the RSMSL to partner it under the Public Private Partnership (PPP), to provide an effective and efficient management service aimed at reducing and Preventing the occurrence of road traffic crashes within designated highways in Ghana(the “Service”): Now, THEREFORE, in consideration of the terms, conditions and mutual covenants contained herein, the Parties hereto agree as follows: 1.0 INTERPRETATIONS 1.1 In this Contract, unless the context otherwise requires; “Area” means the designated highways and roads in Ghana as specified in schedule 1: “Executive Director” means the Chief Executive and head of the NRSC; “Licensing Authority” means the Driver and Vehicle Licensing Authority or other institution that may be set up by the Government Of Ghana for licensing vehicles. “Ministry” Means Ministry responsible for Transport and / Or road safety 2 hen 1.2 1.4 “NRSC” «means National Road Safety Commission, their agents assigns and privies: “Road Safety Fee” means the prescribed annual service fee to be paid by vehicle owners and persons in charge of motor vehicle to the licensing authority as stated in the Road Traffic Regulations 2012. (LI 2180); “RSMSL” means the Road Safety Management Services Limited: “Services” means the Road Safety Management Service referred to under clause 7 of this Contract and specified in Schedule 2 hereto; “Towing Service Account” means the Bank account into which the annual Road Safety Fees paid by vehicle owners or Persons in charge of motor vehicles to the Licensing Authority shall be paid: In this Contract, unless the context otherwise require: (a) Words and phrases bear their ordinary dictionary meaning; (b)a_ reference to any legislation includes any subsidiary legislation and its consolidations, amendments, re- enactments or replacements: (c) the singular includes the plural and vice versa: (d)the word "person" includes a firm, corporation, partnership, joint venture, unincorporated association and public corporation; (e)a reference to a clause or schedule is to a clause of, or schedule to, this Contract unless otherwise stated; (f) a schedule forms part of this Contract; Headings are for convenience only and do not. affect interpretation. In interpreting this Contract, a construction of words that would Promote the purpose or object underlying the Contract must be Preferred to a construction that would not promote that purpose or object. 2.0 NOTICES UNDER THIS CONTRACT Any notice, instruction, request or permission required shall be in writing and shali be deemed to be duly given or made when it shall have been delivered by hand cr mail at the address of the party concerned as specified below For the NRSC: National Road Safety Commission P.O. Box 01683 Osu Accra Telephone: 00233 302661117 Fax: 00233 302660206 Email: info@nrsc.gov.gh Attn: The Executive Director For the RSMSL: Road Safety Management Services Limited P.O Box M388 Ministries Accra Telephone: 00233 302228080. Fax: Email: info @roadsafetyservises.org Attn: The Managing Director rN henry ee ERMS. CONDITIONS AND COVENANTS 0 APPOINTMENT xe NRSC hereby appoints the RSMSL anagement and ancillar and 3 to this Contract. to provide the road safety Y services as described in Schedules O COMMENCEMENT DATE le commencement date of this Contr: act shall correspond with the date this ontract is executed. ) DURATION OF THIS CONTRACT is Contract shall continue in force for a period of twenty (20) years »m the Commencement Date and may be renewed / extended for a ther period thereto subject to the provisions for sooner determination itained elsewhere in this CONTRACT . | TERMS OF REFERENCE SERVICES 6.1.1 The RSMSL shall Provide effective removal of di sabled vehicles, efficient response to crashes and ancillary services, 51.2 Specific ancillary services shall be agreed by the parties 31.3 A detailed and separate Terms of Reference (TOR) and Scope of Work (SOW) are set out in Schedule 2 hereto. >.1.4 During the term of the Contract, the RSMSL shall management and ancillary services to NRSC as p the NRSC under the Scope of work provided, hi render such road safety easonably requested by lowever, that the RSMSL MOY prey will not be required ‘to do any work clearly. outside the mandate an terms of reference and scope of work herein. 6.1.5 In the latter event, 2 new Contract would be written to cover the new srrangements with its own Terms of Reference (TOR), 7.0 ACCOUNTING AND TERMS OF PAYMENT 71. For the purposes of this Contract all Monies received through the Road Safety Fees shall be deposited in the “Towing Service Account” in accordance with the provisions in LI 2180 and to be kept between the DVLA, NRSC, the RSMSL details of which shall be specified with the Operating bank(s) and for which standard accounting procedures shall be followed and records kept for Statutory purposes including tax 7.2 The NRSC will Pay the RSMSL a monthly fee equivalent to 85% of the accrued Road Safety Fees for the relevant month. 7.3 The RSMSL shall be responsible for payment of sal. 7.5 SCHEDULES aries to its own staff. SCHEDULE 1- Area of Operation, SCHEDULE 2-Detailed Terms of Reference and Scope of Work, SCHEDULE 3-Operational Guidelines for the Vehicle Towing. SCHEDULE 4-Communication Strategy/Plan, SCHEDULE 5-Implementation Plan. OM jb ~ K ie 8.0 DUTIES AND OBLIGATIONS OF THE PARTIES 8.1 DUTIES AND OBLIGATIONS OF THE RSMSL 8.1.1 Without detracting from any duties, obligations and_ rights imposed on or conferred upon (whether expressly or by implication) the RSMSL by this Contract. or implied by law or Soometcial custom on managers of 2 business similer to the Service, it shall be the duty, obligation or right of the RSMSL to: (1) Use all their skills and knowledge to Provide the services stipulated in this Contract herein efficiently, in the best interests of the NRSC, and within the framework of the Nati the foregoing, shall carry out the duties and obligations and have the rights set forth in this Contract; (2) Finance the building, operation and maintenance of a Vehicle Recovery and Towing Service in the Area for rapid removal and recovery of disabled vehicles from roads in the designated areas as per the TOR; (3) Finance the acquisition of land for the construction of fully serviced parking lot that will accommodate towed, disabled vehicles, in-accordance with the Operational Guidelines. This shail be appropriately furnished to accommodate all categories of vehicles as per the TOR; (4) Finance the acquisition of state-of-the-art Ambulances to ensure the provision of consistent and reliable ambulance services at vantage points in the Area as per the TOR; (5) Finance the acquisition of communication devices, motor bikes and related accessories as per the TOR (6) In respect of each quarter of a financial year and no later than 30 days after the end of such quarter, prepare a Feport to the NRSC _ containing Information about, and an analysis of, its operations for the quarter and cumulatively for the year to date. The ,content of the report referred to 7 OY ae herein shall be agreed between the Parties and shall: (a) Be prepared in a form acceptable to the NRSC: and (b) Contain any other information reasonably required by the NRSC. (7) Upen reasonable notice allow officials of NRSC to visit: (a) The operational areas-used or Occupied by the RSMSL; (6) - inspect the operational equipment . ewned by the RSMSL; , 8.2 DUTIES AND OBLIGATIONS OF THE NRSC | 8.2.1 Without detracting from any duties, obligations and rights imposed on or conferred upon(whether expressly or by implication) the NRSC by this Contract or implied by law fe gnmercial custom on persons similar to the NRSC. it shall be the duty, obligation or right of the NRSC: (1) to set the appropriate surcharge to be paid by owners of vehicles who have not paid the Road Safety Fee and owners who fail to report the disabled vehicle and whose vehicle are fowed compulscrily by the RSMSL in accordance with L i2180; (2) from time to time, publish a schedule of approved surcharges and related instructions and shall furnish the RSMSL with such schedule for implementation in exercising its rights hereunder; (3) ensure that RSMSL is duly paid its monthly share of the road safety fee for the duration of this Contract, (4) within thirty (30) days of executing this Contract submit to () within thirty days (30) days of executing this Contract deliver to RSMSL operational guidelines induding but not limited to coordinating all operational arrangements with 8 WU May |g other public agencies such as the Driver and Vehicle Licensing Authority, the Ghana Police Service, National Ambulance Service, National Fire Service and the Ghana Highway Authority; (6) use its best efforts to ensure that the Ghana Police and Attorney General's Department Prosecute motorists who fail "0 pay the appropriate mandatory Fee: (7) in consultation with the relevant agencies and stakeholders including the RSMSL and the Licensing Authority, review the Road Safety Fee at least once every two years based on indicators such as the inflation rate or the Consumer Price Index; 8.2.2 The provisions in this Contract Notwithstanding, the NRSC (to the extent that RSMSL Performs its duty in accordance with the Contract) shall not interfere with the day-to-day Operations of the MSL; 8.2.3 In Particular, the NRSC shall not: (a) Issue instructions to the RSMSL regarding operational decisions or actions: (b) Issue instructions to RSMSL or attempt t6 influence RSMSL's decision regarding the performance of its functions: ) BENEFITS AND RIGHTS NRSC’S BENEFITS/RIGHTS 9.1.1 In consideration of the Provision of Services to the NRSC by the RSMSL Pursuant to this CONTRACT, the NRSC will enjoy the following benefits: (1) Gain more visibility in the Pursuant of its mandate (2) Reduction in road crashes involving broken down vehicles Oy phe

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