ee VQ CON’ FOR SUPPLY OF PURIFIED DRINKING WATER KNOW ALL MEN BY THESE PRESENTS: ‘This Contract entered into and executed onEWMBU 2, V7 by and between: : PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT, a government agency created under Executive Order No. 1 dated February 28, 1986, with office address at IRC Building, No. 82 Epifanio de los Santos Avenue, Mandaluyong City, herein represented by its Chairman ANDRES D. BAUTISTA, and hereinafter referred to as PCGG; -and- JUANITO T. DE VEYRA, Filipino, of legal age, married, doing business under the name and style of WATERWISE PURIFIED DRINKING WATER STATION and by virtue of the laws of the Philippines, with business andl postal address at No. 10 June Street, Project 8, Quezon City, and hereinafter referred to as WATERWISE; WITNESSETEH: WHEREAS, the PCGG needs the sevices of a supplier of purified drinking water that strictly complies with the standards of quality and requirements of the Department of Health and the Bureau of Food and Drugs; WHEREAS, the opening of sealed quotations for the supply of purified drinking water for PCGG was held on 7 November 2013 and WATERWISE, a duly licensed establishment engaged in the business of purified drinking water, submitted the lowest price quotation of P32.50/5-gallon jug, WHEREAS, a Notice of Award was issued on 6 December 2013 by PCGG in favor of WATERWISE; NOW, THEREFORE, in view of the foregoing premises and the mutual covenants and the stipulations hereinafter provided, the parties hereto agree as follows: 4. For and in consideration of the price of P32.50/5 gallon jug WATERWISE agrees to supply purified drinking water to PCGG with free use of new NINETEEN (19) units of brand new hot and cold water dispensers. a. Title and Liability - Ownership and title to the dispensers shall remain with WATERWISE for the whole duration of this agreement. be. Safekeeping — The PCGG shall be responsible for the safekeeping of the dispensers and containers, and shall exercise due, proper and prudent care thereof. The dispenser shall not be transferred from theplace of installation designated herein without WATERWISE’s unless, for valid cause PCGG deems otherwise. consent Alteration - The PCGG shall not change, alter, or modify the dispensers and containers in construction, letlering, or design. The PCGG shall not remove from the dispensers any serial numbers or any identifying marks showing its distinguishing type or model; d. Repairs and Cleaning of Dispensers/Containers - Based on the agreed coverage of the liability to the dispensers/containers, WATERWISE shall keep the same in good condition and working order, and shall perform regular cleaning, of the subject units. It is understood that the repairs and/or replacement shall be limited to causes arising from the proper and regular use of the dispensers/containers. The guarantee of the manufacturer to the dispenser is only limited to the compressor and any replacements of parts should be to WATERWISE’s account, unless the cause of breakagé“or disorder is intentional, deliberate and attributable to PCGG. However, as part of WATERWISE's services, the labor provitled for the repair of the dispenser shall be free of charge. e. Right to Repossess the Dispenser and Containers - In the event the PCGG decides to terminate this agreement, WATERWISE is hereby authorized to enter the latter's premises where the dispensers and containers are located to repossess the subject equipment upon prior notice thereof. If the PCGG fails or refuses to return any of the said dispensers and containers, WATERWISE may charge the PCGG the amount of P5,000.00 and P150.00.for every unreturned dispenser and container, respectively. f. Payment - WATERWISE shall bill the PCGG every 4th week of the calendar month, WATERWISE will present numbered Delivery Receipts that shall be duly signed by the PCGG or any of its representative/s, and shall summarize the same under (1) Sales . Invoice’ as their billing. Payments shall be made on or before. the second week of every month, g. Delivery - WATERWISE shall deliver the required purified drinking water every Priday of the week, or as the need arises, with proper coordination with the duly assigned person to receive the allotted number of containers on a particular week. Delivery is free of charge. h. Coordinator - The PCGG shall designate and authorize one of its officers or its representative who will be responsible in coordinating with WATERWISE in connection with this agreement such as but not limited to the receipt and the payment of the said required delivery. Length of Agreement ~ This Contract shall take effect on 01 January 2014 and shall remain in full force until 31, December 2014, unless otherwise terminated by either party due to justifiable ground/sCovenant ~ This agreement is eniered into by WATERWISE to provide purified drinking water to the PCGG which justifies the latter’s availment of the free use of the dispensers. The said unit, shall not, in any event, be usec for tap water and any other mineral/bottled water processed and/or provided by WATERWISE competitors. WATERWISE warrants its strict compliance with the quality, standards and requirements for the processing and packaging of purified drinking water of the Department of Health and the Bureau of Food and Drugs. ‘Thus, it shall, at all times, ensure the purity, cleanliness and potability of its purified water as well as the proper sanitation of its containers. Pre-termination Clause ~ Either party has the right to terminate this agreement upon thirty-day prior notice thereof to the other party only on justifiable or reasonable grounds such as, but not limited to, the following: 4.1 In the event the operation of WATERWISE’s business is found to have vidlated or below the quality of standards and requirements mandated by the aforesaid government agencies. 42 When PCGG fails or refuses to pay its monthly billing within the period provided herein without justifiable cause, unless an arrangement thereof is agreed between the parties, 43 When WATERWISE fails or refuses to deliver the agreed supplies despite repeated demands thereof without justifiable reason; - 44 When either party violates/breaches any of the material terms and conditions set forth herein. Damages - In the event it is found that the purified water supplied by WATERWISE is contaminated /poliuted and adverse health effects were caused to the PCGG’s officials, personnel, contract workers and visitors/ guests, the former will be liable for damages such as, but not limited to, the cost of treatment, hospitalization, medication or other such medical expenses necessary to restore such affected persons back to health, in addition to the remedies provided in the next preceding items ‘Venue ~ In case of any controversy or dispute between the parties arising form this contract, the matter will be submitted to the proper court of jurisdiction of Mandaluyong City to the exclusion of all other venues subject to prior resort to alternative dispute resolution under Republic Act No. 9285. IN WITNESS WHEREOE, the parties hereto have affixed their signatures on the day appearing above in the City of Mandaluyong. PRESIDENTIAL COMMISSION WATERWISE PURIFIED ON GOOD GOVERNMENT DRINKING WATER STATION By: By:Cue do Nowe ANDRYS D. BAUTISTA JUANITO T. DE VEYRA Chairrtan 7 Owner /Proprietor WITNESSES: ACKNOWLEDGMENT REPUBLIC OF THE PHIL PPINES) MANILA yss5 DEC 2 At ___ gp on se 28 aay 2013 SoA - ————— personally appeared the-following in their capacity as Chairman and Propriertor respectively, of the parties they represent with their corresponding competent id. to wits NAME compl ANDRES D. BAUTISTA JUANITO T. DEVEYRA SSS known to me to be the same persons who"6xécuted the foregoing contract for supply of purified drinking water, which instrument consists of four (4) pages including this page on which this Acknowledgment is written, and signed on each and every page by the persons executing this instrument and their witnesses, who acknowledged to me that the same is their own free and voluntary act and deed and of the parties represented. IN TESTIMONY WHEREOE, I have hereunto set my hand and affixed my notarial seal at the place and date above-written. i Series of 201: Tweens