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Contract of Agency

Contract of Agency

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Published by bylead

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Published by: bylead on Feb 10, 2010
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09/29/2010

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CONTRACT OF GUARD SERVICES
KNOW ALL MEN BY THESE PRESENTS:This contract made and executed this 17
th
of September 2009 at Safe Zone Bldg.Davao City, Philippines by and between:PRINT AD PUBLISHINGS, INC., a corporation duly organized and under byvirtue of the laws of the Republic of the Philippines duly represented herein by itsPresident, Ms. Chika Dora, hereinafter referred to as “CLIENT”.- and – SURE SAFE SECURITY & INVESTIGATION AGENCY, a corporation dulyorganized and existing under by the virtues of the laws of the Republic of the Philippineswith business address at Safe Zone Bldg. Davao City, duly represented by its ExecutiveDirector, Mr. Sik Yu, hereinafter referred to as “SECURITY COMPANY”, ASEVIDENCED BY ITS DULY APPROVED Board Resolution thereto attached as Annex“A” of this contract.-WITNESSTH that – WHEREAS, the CLIENT, desires to engage the services of the SECURITYCOMPANY 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 criminality and irregularities but not limited to theft, robbery, arson destruction or damage as well as protecting its officers, employees, visitors and regulations relative tomaintenance of security and safety thereat. Copy of the CLIENT’s premises covered bythis agreement is thereto attached as Annex “B”.WHEREAS, the security company is a duly licensed and bonded security agencyoperating under the provisions of Republic Act. No. 5487 as amended, registered andaccredited with PNP. NOW, THEREFORE, for and in consideration of the foregoing premises of themutual covenants and provisions hereafter set forth the parties hereto have agreed and dohereby mutually agree as follows:1. Place and LocationThe SECURITY COMPANY shall provide security guard services to theCLIENT at its premises located at Door 1 Periodical Bldg. Davao City.2. Functions and Duties of GuardsThe guards are to maintain general peace and order at the aforementioned premises and specifically, to watch, safeguard and protect the property of the CLIENTfrom theft, robbery, arson and destruction or damages, to protect the directors, officers,employees and visitors from harassment, threat or intimidation; and to enforce andimplement rules, policies and regulations of the CLIENT aimed at maintaining securityand safety thereat.
 
3. Guard ForcesThe SECURITY COMPANY shall initially provide the CLIENT with thenecessary number of duly qualified and licensed Security guards, which must first be pre-approved by the CLIENT, who shall each render twelve (12) hours work per day at TenThousand Four Hundred Ninety One and 95/100 (P10,491.95) per guard (12 hours duty).4. Qualification of GuardsEach of the security guards to be assigned by the SECURITY COMPANY to theclient 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 ageand 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 duty;e. must have passed the neuro-psychiatric exam; and in 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 mentionedunder (c) and (e) above.5. Mode of PaymentFor and in consideration of the above services and during the effectivity if thisContract, the CLIENT shall pay the SECURITY COMPANY the sum of TENTHOUSAND FOUR HUNDRED NINETY ONE and 95/100 PESOS (P10,491.95) per guard per month, one half of which consideration shall be paid every 15
th
and the other half every end of each month without need of demand.It is understood that a portion of the above consideration equivalent to thatamount to which the security guard/s is/are entitled by way of salary or compensationshall be received by the SECIRUTY COMPANY from the client trust only for saidguard/s.The CLIENT herby agrees that it shall pay interest on accounts covered by billings received by the CLIENT and unpaid for thirty (30) days or more from the timesaid billings become payable at the rate of twelve percent (12%) per SECURITYCOMPANY to terminate this contract immediately for failure of CLIENT to pay theaforestated consideration in accordance with its terms.The SECURITY COMPANY shall be entitled to an adjustment of the stipulatedcontract price in the event that the minimum wage is increased or in the event thatincreased fringe benefits in favor of the employees are promulgated by law, degree or wage order subsequent to the execution of this contract. Said adjustment shall beequivalent to the amount of increase in the minimum wage or the amount of increasedfringe promulgated or both as the case may be.This provision, however, will not apply if the CLIENT is exempted therefrom bythe expressed provisions of said law, decree or wage order or has applied and is grantedexemption therefrom.
 
6. Supervision and ControlThe SECURITY COMPANY shall exercise strict discipline, close supervisionand exclusive control and administration over its guards in accordance with law,ordinances and pertinent governmental rules and regulations as well as the rules and policies laid down by the CLIENT on the matter. In so far as enforcement of police andcompany rules and regulations related to security and safety is concerned, the CLIENTshall exercise supervisions and control over the guards.7. Equipment and UniformThe guards that the SECURITY COMPANY shall provide shall be equipped withduly licensed firearms, ammunitions, night sticks, uniforms and other paraphernalia for security purposes, at their own expense.8. Liability to Guards and Third PartiesThe SECURITY COMPANY is NOT an agent or employer of the CLIENT andthe guards to be assigned by the SECURITY COMPANY to the CLIENT are in no senseemployees of the latter as they are for all intents and purposes employees of theSECURITY COMPANY. Accordingly, the CLIENT shall not be responsible for any andall claims for personal injury or death arises out of or in the course of performance of guard duties.9. The SECURITY COMPANY shall not be liable for losses and/or damages due to afortuitous 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 amountand liability thereto;10. Replacement of Any GuardThe CLIENT has the prerogative to have a guard change or replaced at any timewhose work it founds or believe to be below standard, or whose conduct isunsatisfactorily, 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 binding and should same as valid cause for the termination of this Contract, plusdamages, as the case may be.11. Employment RestrictionThe CLIENT shall not employ, directly nor indirectly, any of the SECURITYCOMPANY’s officers, employees and former employees who have been out of theSECURITY 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 BondThat the SECURITY COMPANY shall furnish the CLIENT a good and sufficientPerformance 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 Contractand 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 theguards. However, losses and/or damages which are not of considerable amount may becompensated through the monthly remittance to the SECURITY COMPANY.13. Term of ContractThis 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 agreementfor grounds or causes it may deem proper to protect its interest.14. All Judicial and Extra-judicial expenses which shall be incurred by the SECURITYCOMPANY in connection with the performance by its guards of their duties andfunctions shall be for the account of the SECURITY COMPANY.

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