Contract of Security Services
KNOW ALL MEN BY THESE PRESENTS:
This contract is made, executed and entered into by:
_, a corporation organized under and by virtue of the laws of the Republic of the Philippines, with principal office at _, duly represented herein by _, its _, hereinafter referred to as the CLIENT,
_, a corporation organized under and by virtue of the laws of the Republic of the Philippines, with principal office at _, duly represented herein by _, its _, hereinafter referred to as the SECURITY COMPANY,
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-SUSIA, Camp Crame, Q.C.
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 SECURITY COMPANY shall provide security guard services to the CLIENT at its premises located at.
2. Functions and Duties of Guards
The guards are to maintain general peace and order at the aforementioned premises and specifically, to watch, safeguard and protect the property of the CLIENT from theft, robbery, arson and destruction or damages, to protect the directors, officers, harrasment, threat or intimidation; and to enforce and implement rules, policies and regulations of the CLIENT aimed at maintaining security and safety thereat.
3. Guard Forces
The SECURITY COMPANY shall initially provide the CLIENT with (_) 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 _ (), Philippine Currency. The number of contracted and detailed guards may be increased or decreased at any time upon written request by the CLIENT.
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
c. not less than 21 nor more than 40 years of age
e. at least five feet four inches (5’4″) in height;
f. duly licensed and properly screened and cleared by the Philippine National Police, National Bureau of Investigation, and other government offices issuing clearances for employment;
g. in proper uniform and with other security paraphernalia such as flashlight, radio, night stick, etc.
h. armed with appropriate and functional rifle, shotgun, pistol or revolver, with sufficient ammunition at all times during his hours of duty;
i. must have passed the neuro-psychiatric exam; and
j. 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 mentioned under f) and i) above.
5. Mode of Payment
For and in consideration of the above services and during the effectivity if this Contract, the CLIENT shall pay the SECURITY COMPANY the sum of (PHP _ ) 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 understood that a portion of the above consideration equivalent to that amount to which the security guard/s is/are entitled by way of salary or compensation shall be recieved by the SECURITY COMPANY from the client in trust only for said guard/s.
The CLIENT hereby agrees that it shall pay interest on accounts covered by billings recieved by the CLIENT and unpaid for (30) days or more from the time said billings become payable at teh rate of twelve per cent (12%) per 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 subsequent to the execution of this contract. Said adjustment shall be equivalent to the amount of increase in the minimum wage or the amount of increased fringe benefits promulgated or both as the case may be.
This provision, however, will not apply if the CLIENT is exempted thereform by the expressed provisions of said law, decree or wage order or has applied and is granted exemption thereform.
6. Supervision and Control
The SECURITY COMPANY shall exercise strict discipline, close supervision and 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 and company rules and regulations related to security and safety is concerned, the CLIENT shall exercise supervision and control over the guards.
7. Equipment and Uniform
The guards that the SECURITY COMPANY shall provide shall be equipped with duly licensed firearms, ammunitions, night sticks, uniforms and other paraphernalia for security purposes, at their own expense.
8. Liability to Guards and Third 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 employees of the latter as they are for all intents and purposes employees of the SECURITY COMPANY. 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 party where such 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 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 determinig 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 whose work it funds or believe to be below standard, or whose conduct is unsatisfactory, or is prejudicial to its interest, as determined by the CLIENT. The judgement 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, plus damages, as the case may be.
11. Employment Restriction
The CLIENT shall not employ, directly nor indirectly, any of the SECURITY COMPANY’S officers, employees and former employees 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
The SECURITY COMPANY shall furnish the CLIENT a good and sufficient Performance Bond acceptable to the latter in the sum of PESOS TWO HUNDRED THOUSAND & 00/100 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 gurads. 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_ and shall be for a period of one (1) year from said date.
14. All judicial and extra-judicial expenses which shall be incurred by the SECURITY COMPANY in connection with the performance by its guards of their duties and functions shall br for the account of the SECURITY COMPANY.
15. Either party may terminate this Contract for any 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_ and the amount equivalent to 25% of the amount claimed shall be due and demandable as attorney’s fees.
IN WITNESS WHEREOF, the parties have hereunto set their hands, this day of 20_ at , Philippines.
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First PartyÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Second Party
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Rep. of First PartyÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Rep. of Second Party
SIGNED IN THE PRESENCE OF:
REPUBLIC OF THE PHILIPPINES )
_____________________________ ) SS.
BEFORE ME, a Notary Public for and in the City of ___________________, this ___________________, personally appeared:
___________________Â Â Â Â Â Â Â ____________________________
___________________Â Â Â Â Â Â Â ____________________________
who is/are known to me and to me known to be the same person(s) who executed the foregoing instrument and acknowledged to me that the same is his/her/their own free act and voluntary act and deed.
This instrument, consisting of (__) pages, including the page on which this acknowledgment is written, has been signed on the left margin of each and every page hereof by the concerned parties and their witnesses, and sealed with my notarial seal.
WITNESS MY HAND AND SEAL, at the place and date above-written.
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