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AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This AGREEMENT made and entered into by and between:
, a Corporation duly recognized under and by virtue of the laws of
the Republic of the Philippines with principal office address at Old
San Roque,Pili,Cam. Sur represented herein by its Managing
Director, ADONIS ATIENZA hereinafter referred to as CLIENT
- And PHILPOWER INTEGRATED SERVICES, CO. a company duly
organized and existing under and by virtue of Philippine laws, with
principal office address at Room 301 Topaz Building #99-101
Kamias Road Brgy. Malaya Quezon City, represented by its
President, MR. REXCEL S. LANOT, hereinafter referred to as the
CONTRACTOR.
WITNESSETH: That WHEREAS, the CONTRACTOR is an independent business entity engaged
in the business of providing DELIVERY RIDERS. With substantial and sufficient
capital and resources in the form of tools, equipment and necessary materials,
and has offered its Services to the CLIENT;
WHEREAS, the CLIENT has accepted the above-mentioned offer of the
CONTRACTOR;
NOW THEREFORE, for and in consideration of the foregoing premises and
the mutual covenants hereinafter stipulated, the parties agree as follows:
1.
Scope of Services The CONTRACTOR shall render Manpower
Services to the CLIENT. The CONTRACTOR shall assign Contract Personnel to
CLIENT to perform the services required by the CLIENT, as indicated in ANNEX
A hereto attached.
2.
Nature of Relationship It is understood that the Contract
Personnel assigned to the CLIENT are and shall remain employees of the
CONTRACTOR and that no employer-employee relationship exists or shall be
deemed to exist between the CLIENT and said Contract Personnel.
3. Selection and Engagement The CONTRACTOR shall assign to the
CLIENT competent, honest, carefully screened and trained Contract Personnel
taking into account the qualifications and specifications set by the CLIENT
contained in Annex B hereof. It is however understood that the selection and
engagement of the Contract Personnel remain the prerogative of the
CONTRACTOR.
4.
Term of Contract Personnel The CONTRACTOR shall assign
Contract Personnel to the CLIENT, for a period coterminous with this Agreement,
without prejudice to the right of the CLIENT to request the CONTRACTOR for the
replacement of any or all Contract Personnel assigned to the CLIENT.
5. Manner of Performance
a)
CLIENT.
AMOUNT OF PENALTY
1ST Hour
P 500.00
2nd Hour
P 1,000.00
P 1,500.00 maximum
The penalties of the next preceding paragraph will not apply in the event
that performance of the services is rendered impossible or unfeasible, by any act
or regulation of public authority or bureau, act of God, civil tumult, epidemic,
interruption or delay of transportation services, war conditions or emergencies,
or any other cause not reasonably foreseeable and beyond the control of the
CONTRACTOR.
9.
Wage/Benefit Increase In the event additional fringe benefits
and/or increase in the minimum wage, the Service Fee mentioned in the
preceding paragraph shall be correspondingly increased, with notice to client
by such amount or percentage as may be prescribed by law and / or wage order.
10. Manner of Payment The payment of the Service Fee provided in
paragraph 8 hereof shall be made on a bi-monthly basis. The CLIENT shall pay
the CONTRACTOR within 15 days from receipt of the invoice without need for any
written or verbal demand.
11. Payment of Wages The CONTRACTOR shall be solely responsible
for the payment of wages, allowances and benefits of the Contract Personnel
and for the remittance of their SSS, Medicare and PAG-IBIG contributions. The
CONTRACTOR hereby undertakes that it shall comply with the pertinent laws,
rules and regulations governing the payment of minimum wage, benefits and
allowances and the relevant provisions of the Labor Code, Social Security Law
and Medicare Law.
12.
any and all liabilities arising from claims of whatever nature including, but
not limited to, claims for unpaid wages benefits, and/or claims due to
sickness, accidents, injuries or death of any of the CONTRACTORs
employees assigned to the CLIENT.
-CONTRACTOR shall assume full responsibility and hereby agrees
and binds itself to indemnify the CLIENT, its subsidiaries and
affiliates for any claim, loss, damage, destruction and injury that
may be sustained by the CLIENT, its subsidiaries and affiliates or its
employees or any third parties, occurring within the premises,
attributable to the negligence, fault, unlawful act or misconduct of
13.
Uniforms, I.D.s Security Regulation The Contract Personnel
assigned to the CLIENT shall, at the expense of the CONTRACTOR, be provided
with appropriate identification cards and Clients standard uniforms to
identify them as the Contract Personnel assigned to the CLIENT.
14. CONTRACTORs undertaking The contractor undertakes, in addition
to its other obligations under this Agreement, to perform the following:
a. The CONTRACTOR should be registered as a contractor/subcontractor
with the Registry of contractors and subcontractors in the Regional
Office of the Department of Labor and Employment.
b. The CONTRACTOR must, during the effectively of this Agreement, on
the yearly anniversary of its registration, must submit a copy of its
registration to the Regional Office of the Department of Labor and
Employment.
c. The CONTRACTOR shall submit a copy of this Agreement to the
Regional Office of the Department of Labor and Employment, in
accordance with the requirements of the Labor Code and its
Implementing Rules.
d. The CONTRACTOR will comply with all the applicable provisions of the
Labor Code, and its Implementing Rules, as amended.
15. Non-Recruitment Clause The CLIENT shall not employ or absorb
into its work force under any arrangements any Contract Personnel of the
CONTRACTOR assigned to the CLIENT within six (6) months of their service with
the CLIENT, without the written consent of the CONTRACTOR. In the event the
CLIENT employs said Contract Personnel within six (6) months of their service
with the written consent of the CONTRACTOR, the CLIENT hereby agrees to pay
the CONTRACTOR a Recruitment Fee of 10% of the Total Income Package to be
received by the concerned Contract Personnel or a minimum of P5, 000.00. The
income Package includes basic pay, allowances, 13 th month pay and any other
benefits or allowances to be received by the absorbed Contract Personnel.
16. Non-Competition For the duration of this Contract, CONTRACTOR
may enter into any marketing agreement with other food delivery service
companies except those in direct competition with the CLIENT and its
subsidiaries unless written prior notice is given to CLIENT when CONTRACTOR
enters into agreement with other companies in direct computation to the CLIENT.
17. Confidentiality The parties acknowledge that in entering into this
Contract, each party may become private to certain trade secrets and other
confidential information crucial to the marketing and competitive edge of each
party. As such, the parties hereto agree to hold utmost strict confidence the
information, which have not been published or disclosed to the public, they may
encounter in the course of implementation and/or execution of the terms and
conditions of this Contract at the expiration of this Contract, the parties shall
deliver to each other each and every document and record of any kind that
contains or relates to the trade secret or strategy or any other confidential
information.
18.
Entire Contract This Contract sets forth the entire agreement
between the parties in respect of the subject matter hereof. This Contract shall
not be considered as changed, modified, altered or in any manner amended
unless such changes, modifications, alterations or amendments are made in
writing and signed by all parties hereto.
19. Separability Clause In the event any provisions of this Agreement
shall be declared invalid, illegal or unenforceable in any respect by the courts or
any competent authority, the validity, legality or enforceability of the remaining
provisions shall not in any way be affected or impaired thereby.
20. Venue of Action The parties hereby agree that any legal action
arising out of or relating to this Agreement shall be instituted only in the proper
courts of Cagayan De Oro City, it being understood that all other venues are
expressly waived by the parties.
21. Attorneys Fees If the CONTRACTOR files an action arising from
CLIENTS default in the payment of the Services rendered and other breach of
this agreement, the CLIENT agrees to pay Attorneys Fees a in an amount
equivalent to 15% of the total amount due to the CONTRACTOR.
22. Effectively and Duration This agreement shall take effect from
September 1, 2014 up to August 31, 2015 and shall be in full force and effect for
a period of one (1) year from the date of affectivity hereof, subject to renewal for
the same period upon agreement of the parties. However, either party may
terminate this Agreement for valid cause provided that written notice thereof is
given to the other party at least thirty (30) days prior to the intended date of
termination. Should the services contracted in this agreement be rendered by
the CONTRACTOR after the one (1) year term of the contract,
The stipulations contained herein shall continue to be enforced in the meantime
that a new contract is yet to be approved by the contracting parties.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to
be signed by their duly authorized representatives on ____________ at
_________________________.
By:
PHILPOWER INTEGRATED
Contractor
By:
________________________________
______________________________
MR.ADONIS ATIENZA
LANOT
Area Manager
MR. REXCEL S.
President
________________________________
ACKNOWLEDGMENT
CTC NO.
_______________
________________
DATE/PLACE OF ISSUE
______________________
____________________
ANNEX A
Scope of Service
The contractor will provide the Client the following:
A. Training
Before
C. Disciplinary Measures
D. Administrative Support
H. Satisfaction Survey
PHILPOWER INTEGRATED SERVICES, CO. will conduct a monthly survey among the
store managers to determine the level of satisfaction in relation to our service
The survey will also evaluate each rider assigned to JFC Incorporated
ANNEX B
1. The following are the minimum qualifications of JFC Incorporated Delivery Riders:
Age
18 to 32 years of age
Height
at least 5 4
Educational Attainment
ANNEX C
A. Store visit and Preventive Maintenance Routine:
PHILPOWER will provide the designated team leader with a revolving fund
in the amount of P1,000.00 per store locations subject
to normal
replenishment procedure of one (1) week replenishment after receiving
the receipts. In the event that there will be maintenance concerns, head
rider assigned to the store will have the authority to bring the bike in the
accredited provider of Philpower in the area. For gasoline, tie-up with Gas
Station and Repair Shop for bikes.
D.
k.
l.
m.
n.
Product Knowledge
Proper Care and Maintenance of Delivery Vehicles
Seven (7) Key Steps
Customer Service
TRAINING LOCATION:
-
On the Spot Training; on-site training during the 30 days predeployment period after request of the store will be done. While
replenishment will be done by the Operations Supervisor; therefore our
Operations Supervisor must be certified Trainors a Train the
Trainors program will be given by head office (Philpower).
Periodical Training Upgrade will be done by our Head Office thru our
Training Supervisor in order to calibrate quality and efficiency of the
rider knowledge and skills.
SCREENING OF APPLICANTS
Body Screening (w/ or w/o tattoo)
Professional Drivers License
High School Graduate
FILL-UP APPLICATION
WRITTEN EXAM
o Road Signs
o Abstract
PASSED
FAILED
ROAD TEST
PASSED
RECRUITMENT
INTERVIEW
FAILED
RETEST AFTER
AFTER 1 WEEK
SCHEDULE FOR
CLIENTS INTERVIEW
PASSED
IF FAILED
COMPLETION OF
REQUIREMENTS
SIGNING OF
EMPLOYEE CONTRACT
ENDORSEMENT/DEPLOYMENT OF
RIDER TO STORE
ANNEX E