Contract of Agency

May 8, 2019 | Author: bylead | Category: Security Guard, Wage, Salary, Social Institutions, Society
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CONTRACT OF GUARD SERVICES

KNOW ALL MEN BY THESE PRESENTS:

This contract made and executed this 17th of September 2009 at Safe Zone Bldg. Davao City, Philippines by and between: PRINT AD PUBLISHINGS, INC., a corporation duly organized and under by virtue of the laws of the Republic of the Philippines duly represented herein by its President, Ms. Chika Dora, hereinafter referred to as “CLIENT”.

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SURE SAFE SECURITY & INVESTIGATION AGENCY, a corporation duly organized and existing under by the virtues of the laws of the Republic of the Philippines with business address at Safe Zone Bldg. Davao City, duly represented by its Executive Dire Direct ctor or,, Mr. Mr. Sik Sik Yu, herei hereinaf nafte terr refe referr rred ed to as “SEC “SECUR URIT ITY Y COMP COMPAN ANY” Y”,, AS EVIDENCED BY ITS DULY APPROVED Board Resolution thereto attached as Annex “A” of this contract.

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WITNESSTH that – 

WHEREAS, the CLIENT, desires to engage the services of the SECURITY COMPANY for the purpose of maintaining law and order at its premises located at Door  1 Periodical Bldg. Davao City by protecting and guarding its property from all forms of  crimin criminali ality ty and irregul irregulari aritie tiess but not limite limited d to theft, theft, robber robbery, y, arson arson destru destructi ction on or  damage as well as protecting its officers, employees, visitors and regulations relative to maintenance of security and safety thereat. Copy of the CLIENT’s premises covered by this agreement is thereto attached as Annex “B”. WHEREAS, the security company is a duly licensed and bonded security agency operating under the provisions of Republic Act. No. 5487 as amended, registered and accredited with PNP.  NOW, THEREFORE, for and in consideration of the foregoing premises of the mutual covenants and provisions hereafter set forth the parties hereto have agreed and do hereby mutually agree as follows: 1. Place and Location The The SECU SECURI RITY TY COMP COMPAN ANY Y shal shalll provi provide de secu securi rity ty guard guard serv servic ices es to the the CLIENT at its premises located at Door 1 Periodical Bldg. Davao City. 2. Functions and Duties of Guards The The guar guards ds are are to main mainta tain in gene genera rall peac peacee and order order at the the afor aforem emen enti tione oned d  premises and specifically, to watch, safeguard and protect the property of the CLIENT from theft, robbery, arson and destruction destruction or damages, damages, to protect protect the directors, directors, officers, officers, employ employees ees and visito visitors rs from from harass harassmen ment, t, threat threat or intimi intimidati dation; on; and to enforc enforcee and implement implement rules, policies and regulation regulationss of the CLIENT CLIENT aimed at maintaining maintaining security security and safety thereat.

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3. Guard Forces The The SECU SECURI RITY TY COMP COMPAN ANY Y shal shalll init initia iall lly y provi provide de the the CLIE CLIENT NT with with the the necessary number of duly qualified and licensed Security guards, which must first be preapproved approved by the CLIENT, CLIENT, who shall each render twelve (12) hours work per day at Ten Thousand Four Hundred Ninety One and 95/100 (P10,491.95) per guard (12 hours duty). 4. Qualification of Guards Each of the security guards to be assigned by the SECURITY COMPANY to the client must be: a. of good moral character and reputation, courteous, alert and without criminal or   police record;  b. physically and mentally fit and not less than 21 nor more than 40 years of age and at least five feet four inches (5’4”) in height; c. duly licensed and properly screened and cleared by the P.N.P.. N.B.I. and other  government offices issuing clearances for employment; d. in proper uniform and must have other security paraphernalia such as flashlight, radio, night stick etc. armed with appropriate and functional rifle, shotgun, pistol or  revolver, with sufficient ammunition at all times during his hours of d uty; e. must have passed the neuro-psych neuro-psychiatr iatric ic exam; and in possession possession of such other  qualifications required by Republic Act. No. 5487 as amended. The CLIENT must be furnished copy of license and result of exam mentioned under (c) and (e) above. 5. Mode of Payment For and in consideration of the above services and during the effectivity if this Cont Contra ract ct,, the the CLIE CLIENT NT shal shalll pay pay the the SECU SECURI RITY TY COMP COMPAN ANY Y the the sum of TEN TEN THOUSAND FOUR HUNDRED NINETY ONE and 95/100 PESOS (P10,491.95) per  guard per month, one half of which consideration shall be paid every 15th and the other  half every end of each month without need of demand. It is unders understoo tood d that that a portio portion n of the above conside considerat ration ion equival equivalent ent to that that amount to which the security guard/s is/are entitled by way of salary or compensation shall be received by the SECIRUTY COMPANY from the client trust only for said guard/s. The CLIENT CLIENT herby herby agrees agrees that it shall pay intere interest st on account accountss covere covered d by  billings received by the CLIENT and unpaid for thirty (30) days or more from the time said said billin billings gs become become payabl payablee at the rate rate of twelve twelve percen percentt (12%) (12%) per SECURITY SECURITY COMPANY to terminate this contract immediately for failure of CLIENT to pay the aforestated consideration in accordance with its terms. The SECURITY COMPANY shall be entitled to an adjustment of the stipulated contract price in the event that the minimum wage is increased or in the event that increased fringe benefits in favor of the employees are promulgated by law, degree or  wage order subseq subsequent uent to the execut execution ion of this this contrac contract. t. Said Said adjust adjustmen mentt shall shall be equivalent to the amount of increase in the minimum wage or the amount of increased fringe promulgated or both as the case may be.

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6. Supervision and Control The SECURITY COMPANY shall exercise strict discipline, close supervision and exclus exclusive ive contro controll and admini administr strati ation on over over its its guards guards in accorda accordance nce with with law, law, ordinances and pertinent governmental rules and regulations as well as the rules and  policies  policies laid down by the CLIENT on the matter. matter. In so far as enforcement enforcement of police and company rules and regulations related to security and safety is concerned, the CLIENT shall exercise supervisions and control over the guards. 7. Equipment and Uniform The guards that the SECURITY COMPANY shall provide shall be equipped with duly licensed firearms, firearms, ammunitio ammunitions, ns, night sticks, uniforms and other paraphernalia paraphernalia for  security purposes, at their own expense. 8. Liability to Guards and Third Parties Parties The SECURITY COMPANY is NOT an agent or employer of the CLIENT and the guards to be assigned by the SECURITY COMPANY to the CLIENT are in no sense empl employ oyee eess of the the latt latter er as they they are are for for all all inte intent ntss and and purpos purposes es empl employ oyees ees of the the SECURITY COMPANY. Accordingly, the CLIENT shall not be responsible for any and all claims for personal injury or death arises out of or in the course of performance of  guard duties. 9. The SECURITY SECURITY COMPANY COMPANY shall not be liable for losses losses and/or damages damages due to a fortuitous events or force majeure beyond the control and competence of the guard to  prevent; The provision of the New Civil Code shall be applied in determining the amount and liability thereto; 10. Replacement of Any Guard The CLIENT has the prerogative to have a guard change or replaced at any time whos whosee work work it found oundss or bel believe eve to be bel below stand tandar ard, d, or who whose cond conduc uctt is unsatisfactorily, or is prejudicial to its interest, as determined by the CLIENT. The  judgment of the interest as determined by the CLIENT on such matters shall be final and   bindi binding ng and should should same as valid valid cause cause for the termin terminati ation on of this this Contrac Contract, t, plus plus damages, as the case may be. 11. Employment Restriction The CLIENT shall not employ, directly nor indirectly, any of the SECURITY COMPAN COMPANY’s Y’s officers officers,, employ employees ees and former former employ employees ees who have been out of the SECURITY COMPANY’s employ for less than six (6) months during the time of their  contract or within six (6) months after its termination. 12. Guards Performance Bond That the SECURITY COMPANY shall furnish the CLIENT a good and sufficient Performance Bond acceptable to the latter in the sum of TWO HUNDRED THOUSAND & 00/100 PESOS ONLY (P200,000.00) to insure the faithful execution of this Contract and as guarantee against any claim of the client for losses and/or damages to CLIENT’s  property which are due to the international act or omission and/or negligence of the guards. However, losses and/or damages which are not of considerable amount may be compensated through the monthly remittance to the SECURITY COMPANY. 13. Term of Contract This Contract shall take effect on September 17, 2009 and shall be for a period of  one (1) year from said date. Unless for good, CLIENT can preterminate this agreement for grounds or causes it may deem proper to protect its interest.

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15. Either party may terminate terminate this Contract for any legal legal and/or valid cause at any time  by written notice given to the other party prior to the intended date of termination. In case of litigation arising from or in connection with this Contract, venue of  action shall be in the proper Regional or Metropolitan Trial Court of Davao and the amount equivalent to twenty-five percent (25%) of the amount claimed shall be due and demandable as attorney’s fees.

IN WITNESS WHEREOF, the parties have hereunto set their hands at the place and on the date first stated above.

PRINT AD PUBLISHINGS, INC. (Client)

SURE SAFE SECURITY & INVESTIGATION AGENCY (Security Company)

By:

Ms. Chika Dora President PRINT AD PUBLISHINGS, INC

Mr. Sik Yu Executive Director  SURE SAFE SECURITY & INVESTIGATION AGENCY

SIGNED IN THE PRESENCE OF:

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