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SECURITY SERVICES CONTRACT
KNOW ALL MEN BY THESE PRESENTS
This contract executed and entered by and between:
FEMJEG SECURITY AND ALLIED SERVICES, a single proprietorship duly
organized under existing laws of the Republic of the Philippines, with business address
at Door 103, Abecar Building, Ramon Magsaysay Avenue, Davao City, represented by
its proprietress, FLORA B. MORALES hereinafter referred to as the "AGENCY",
NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY (NEDA) Regional
Office XI, an establishment existing under the laws of the Philippines with office
address at Km. 7, SPED Area, Bangkal, Davao City represented by MARIA LOURDES
D. L1M, in her capacity as the NEDA XI Regional Director, hereinafter referred to as the
"CLIENT";
WITNESSETH
WHEREAS, the AGENCY is a duly licensed and bonded security guard agency
operating under the provision. of Republic Act No. 5487 otherwise known as the Private
Security Agency Law, as amended by Presidential Decree 1919;
WHEREAS, the CLIENT desires to engage the services of the AGENCY for the
purpose of maintaining law and order at its premises at Km. 7, SPED Area, Bangkal,
Davao City by protecting and guarding its properties and said place from theft, robbery,
destruction or damages to properties, as well as, protecting its officers and employees,
visitors and guests from assault, harassment, threat or intimidation and other harmful
acts; enforcing and implementing its orders, directives, memoranda, rules, policies and
regulation relative to the maintenance of security and safety threat;
NOW THEREFORE, for and in consideration of the foregoing premises and of
the mutual covenant and provision hereinafter set forth, the parties hereto have agreed
and do hereby mutually bind themselves in this contract as follows:
CE AND LOCATION
me AGENCY shall provide security guard services to the CLIENT at its office
building and premises located at Km. 7, SPED Area, Bangkal, Davao City.
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FUNCTIONS AND DUTIES OF GUARDS
The guards are to maintain peace and order at aforementioned office building
and premises; to watch, safeguard and protec~ the properties of the CLIENT, its
employees and guests from theft, robbery, destruction or damage; to protect the
directors, officers, employees, visitors and guests of the CLIENT from assault,
harassment, threat or intimidation and to strictly enforce and implement orders,
directives, memoranda, rules and regulation of the CLIENT aimed at maintaining
security safety thereat;
GUARD FORCES
The AGENCY shall provide the CLIENT with four (4) contracted guards who
shall each render eight (8) hours work per day including Saturdays, Sundays and
holidays. The number of contracted guards may be increased or decreased at
anytime upon written request of the CLIENT and so with the number of guarding
hours;
4. QUALIFICATION OF THE GUARDS
Each of the security guards to be assigned by the AGENCY to the CLIENT must
be:
a. Of good moral character and reputation, courteous, alert, trustworthy and
without criminal and police records.
b. Military-trained, disciplined, physically and mentally fit, with age not less
than 23 but not more than 60 years old.
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c. Competent, efficient, experienced, bonded, duly licensed and properly
screened and cleared by PNP, NBI, and other government offices issuing
clearances for employment.
d. In proper uniform at all times and armed with a duly licensed firearm as
specified by the CLIENT with sufficient ammunition at all times during his tour
of duty.
e. In possession of such other qualifications as required under Republic Act No.
5487, as amended ..
MODE OF PAYMENT
For and in consideration of the services and during the effectivity of this contract,
the CLIENT shall pay the AGENCY the amount of Fifteen Thousand Sixty One
Pesos and 22/100 Only' (Php 15,061.22) per guard per month for eight
hours of services rendered daily including Saturdays, Sundays and
Holidays. The payment shall be made in the account of the AGENCY every 15th
and 30th of the month. The AGENCY should strictly follow the new wage rate
effective May 1, 2012 and corresponding premiums on SSS, Pag-ibig and
Philhealth, and to submit a revised cost breakdown that would be incorporated in
this contract and a performance bond to ensure compliance of the conditions set
in this contract.
he~ENCY shall furnish the. CLIENT proof of remittances of the premiums in the prejious billings of SSS, Pag-ibig, and Philhealth of the assigned security
, as a pre-requisite in the release of payment for services rendered by the
AGENCY to the CLIENT for the following month's quincena billing.
6. RATE OF GUARD
The AGENCY shall pay its guards salaries not lower than the applicable wage
rates may be duly promulgated by the Regional Tripartite Wage and Productivity
Board (RTWPB).
7. SUPERVISION AND CONTROL
The AGENCY shall exercise discipline, direct supervision, control and
administration over its guards in accordance with law, ordinances and pertinent
government rules and regulations, as well as, the rules and policies laid-down by
the CLIENT on the matter. The CLIENT however, shall from time to time, give
instructions to the guards for proper safeguarding of CLIENT's installations,
offices, machineries, vehicles, equipment, furniture, and such other properties
found in the premises or compound of the CLIENT against theft, pilferage,
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sanitary standards, and other unlawful acts committed by its personnel or
outsiders.
8. EQUIPMENT AND UNIFORM
The guards that the AGENCY shall provide shall be equipped with duly licensed
firearms, sufficient ammunition, nightstick, uniform and other paraphernalia for
security.
9. LIABILITY TO GUARDS AND THIRD PARTIES
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The AGENCY is not an agent or employee of the CLIENT and the guards to be
assigned by the AGENCY are in no sense employees of the latter as they are, for
all intents and purposes, under contract with the AGENCY. Accordingly, the
CLIENT shall not be responsible for any and all claims for personal injury or
death caused to any of the guards or to any third parties where such injury or
death arises out of or in the course of guards' duties.
10. WARRANTY
The AGENCY shall be responsible for the losses or damages to the properties of
the CLIENT, its employees and guests occurring or taking place inside the
building and within the ground premises of the NEDA-RDC XI Center during the
tour of duty of the guards of the AGENCY which is made known in writing by the
CLIENT to the AGENCY within forty-eight (48) hours from the time of discovery,
provided that, such losses or damages are due or traceable sQlely to the
negligence on the part 'of the security guards without contributory negligence on
the part of the CLIENT, its employees or guests. All properties brought out by the
employees of the CLIENT outside the premises of the office with corresponding
issued gate pass, in case of office equipment and trip tickets/request for
transportation in case of office vehicles, which were damaged or lost by
employees concerned in the actual performance of their duties outside the office,
are excluded from coverage of this contract. The AGENCY shall indemnify the
CLIENT after a proper and thorough investigation shall have been conducted by
aeAGENCY and the police authorities and/or license law enforcement agencies
tha such losses or damages are due to negligence on the part of the security
gua ds without any contributory negligence on the part of the CLIENT. The
A NCY shall not be liable for losses or damages due to fortuitous events or
force majeure beyond the contr?1 of the guards to prevent.
11. REPLACEMENT OF GUARDS
The CLIENT may have a guard changed or replaced at any time whose work it
finds or believes to be below standard, or whose conduct is unsatisfactory, or is
prejudicial to its interest, as may be determined by the CLIENT. The judgment of
the CLIENT on such matters shall be final and binding and should the AGENCY
refuse, the former may consider the same as valid cause for the termination of
this contract.
12. TERM OF CONTRACT
This contract shall take effect starting May 1, 2012 and shall remain in full
force for a period of three (3) years from the said date to April 30, 2015.
13. The CLIENT reserves the right to rescind, to terminate or abrogate this contract
with the AGENCY in any of the following instances:
a. Gross and willful negligence on the part of the AGENCY resulting to material
and financial losses to the CLIENT, its employees and guests.
b. If the AGENCY is found to have submitted a falsified license, as well as, other
falsified documents and reports.
c. When the AGENCY has been found to engage in activities that are dangerous
to public safety and"welfare or inimical to national security.
d. Notorious and incessant display or discourteous and rude manners by the
AGENCY security guards resulting into conflicts with CLIENT officials,
employees or guests.
e. When the AGENCY has been found to have substantially not fulfilled its part
of the contract.
f. If the AGENCY is found to be violating any of the provisions of section 1 of
the Rules and Regulations implementing Republic Act No. 5487 as amended
by P.O. 1919.
14. Either party may terminate this contract for legal cause at any time by written
notice given to the other party not later than thirty (30) days prior to the intended
date of termination.
15. In case of litigation arising from or in connection with this contract, venue of action
shall be in the proper Court of Davao City.
IN WITNESS WHEREOF, the PARTIES have hereunto set their hands this
___ day of 2012 in Davao City, Philippines.
FEMJEG SECURITY AND
ALLIED SERVICES
By:
FL\QRA B. MORALES
prietress
NATIONAL ECONOMIC AND
DEVELOPMENT AUTHORITY XI
By:
'd1Y.. ~ .a. J-'
MARIA LOURDES D. LlM
Regional Director
Republic of the Philippines
City of Davao
ACKNOWLEDGEMENT
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}S.S.
BEFORE ME, a N~tary PU~{i, for and in the Ci~y of Davao, P~ilippine.s, person~lIy
appeared on 1 5 2(; ~ 2012, the following persons with their respective
C~o. -}rr~.. < Tax Certificates, to' wit:
./ .L/ "'/L/1...--'t ..~ 71v.. ~ ;6' ,J....:.. / FL RA/S. MORALES MARIA LOURDES D. [1M
crt No. 05988433 06112606
Place Issued Davao City Davao City
Date Issued January 3, 2012 January 26, 2012
Known to me to be the same persons who executed the foregoing instrument and they
acknowledged to me that the same are their own free voluntary act and deed.
WITNESS MY HAND AND SEAL on that date and place above written.
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Doc. No. (07
Page No.--n
Book No. cz;j111
Series of 2012
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