Sie sind auf Seite 1von 5

PROTECTIVE SECURITY SERVICE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

(company), a domestic corporation duly organized and existing under the


laws of the Philippines, with office address
at____________________________________, herein represented by its
President, ____________________, hereinafter referred to as CLIENT;

-and-

( SECURITY & INVESTIGATIVE SERVICES INC. ), a domestic


corporation duly organized and existing under the laws of the Philippines,
with office address
at_________________________________________________________
_______________________, Metro Manila, herein represented by its
President, (complete name), hereinafter referred to as the AGENCY.

WHEREAS, the AGENCY is engaged in the business of rendering private


security and protective services and is a duly licensed security agency with License to
Operate No._________________________. It is also accredited to deploy licensed
Protection Agents (PAs) by the Philippine National Police-Supervisory Office for Security
and Investigative Agencies (PNP-SOSIA) with Accreditation No. ************* valid until
January 31, 20**.

WHEREAS, the AGENCY warrants to the CLIENT that it is authorized by laws


and regulations, both local and national, to engage in such services within the
Philippines and that it has the necessary trained and licensed PAs, equipment and
expertise to provide protective security services in accordance with the requirements
and expectations of the CLIENT;

WHEREAS, the AGENCY has offered to provide the CLIENT such protective
security services for the purpose of safeguarding and protecting its
Chairman/Chairwoman, President, Chief Executive Officer (CEO) or other executives
against any threat to their lives and members of their family;

WHEREAS, the CLIENT is desirous of engaging the services of the AGENCY for
the said purpose with a maximum of three (3) PAs for each executive, see attached
Annex A for details and the same forms an integral part of this agreement. However,
such number will be reduced or increased depending upon the requirement of the client
taking into consideration the threat situation affecting its executive/s.

NOW, THEREFORE, for and in consideration of the foregoing premises and of


the terms, conditions and stipulations hereunder set forth, the parties hereto have
agreed and do hereby agree as follows:

1
WITNESSETH:

I. SCOPE OF WORK

1. The AGENCY shall provide the CLIENT with licensed, qualified, uniformed and
armed PAs who shall render 12-hour day shift duty a day from Mondays to
Saturdays, not to include holidays.

2. The AGENCY shall equip PAs with a duly licensed firearm with ammunition,
proper identical uniform such as barong or any other SOSIA prescribed uniform,
hand-held two-way radio (whenever necessary as determined by the AGENCY)
and other equipment as prescribed by the pertinent laws and regulations and/or
by the CLIENT.

3. The CLIENT shall have the option to extend the working hours of the PAs
whenever necessary subject to additional compensation to be paid by the
CLIENT for the extended hours of work rendered.

4. The AGENCY shall furnish the CLIENT with the personal data sheet (PDS) or
bio-data of the PAs prior to their assignment or deployment. Upon their reporting
to the CLIENT, said PAs and their supervisor/s shall present proper appointment
and identification papers issued by the duly authorized representative of the
AGENCY.

II. PERFORMANCE RESPONSIBILITIES

1. The AGENCY shall faithfully serve the best interest of the CLIENT in rendering its
services and shall not during the period of this Contract or at any time thereafter
use or disclose to any unauthorized person or firm any information, derogatory or
otherwise, concerning the business affairs of the CLIENT including its executives
to whom said contracted services are rendered or any other information which
the AGENCY or PAs may have acquired by reason of their assignment to the
CLIENT.

2. In the event of controversy or disagreement between the CLIENT and the


AGENCY regarding liability for damages and/or interpretation of any provision of
this Contract, such disagreement shall be jointly investigated and/or resolved by
a Committee, to be composed of three (3) members, namely: one (1)
representative to be appointed by the AGENCY, one (1) representative to be
appointed by the CLIENT, and a third member who shall be the Chairman, to be
chosen and appointed by said two (2) representatives. The decision of the
committee shall be final and binding to both parties.

III. CONTRACT RATE AND TERMS OF PAYMENT

1. The CLIENT agrees to pay the AGENCY the contract rate per month the amount
of Thirty Five Thousand Four Hundred Forty Three pesos and 99/100 (P35, 443.
99) per protection agent (PA), inclusive of VAT only. Moreover, the CLIENT also
agrees to pay each PAs for the overtime worked rendered in excess of 12 hours
duty

2. The CLIENT shall pay for the services in two (2) equal installments per month,
seven (7) working days after receipt of the billing invoice.

3. Further, in case of declaration or proclamation of special non-working holiday,


whether national or local, such as but not limited to constitution day, election day,
special government holiday as mandated by law, an appropriate premium pay

2
shall be paid by the CLIENT to the PAs for actual work performed on that
particular day. Correspondingly, the said premium pay for that particular day will
be added in the succeeding bill.

4. That in any event of delay in payment by the CLIENT thru no fault of the
AGENCY, the AGENCY reserves the option to charge twenty percent (20%)
penalty per annum on all overdue accounts computed from the time the billing
invoice would have been due and payable.

IV. NUMBER OF PROTECTION AGENTS AND LIABILITY IN CASE OF ACCIDENT

1. The number of PAs the AGENCY shall provide to the CLIENT is a total of ten (10)
PAs distributed per Principal as indicated in Annex A and such number shall
be reduced or increased depending on the threat level or situation affecting its
executive.

2. The AGENCY shall be responsible for any incident or accident, mishap or injury
of any kind or nature that may be sustained by the PA in connection with his
service to the CLIENT, including death resulting therefrom, except if the injury or
death is caused by the fault or negligence of the CLIENT or his representative. It
being understood that the PAs are the employees of the AGENCY and not of the
CLIENT and that all benefits that said PAs or their heirs may have in connection
with the employment shall be borne by the AGENCY. In addition, the CLIENT
shall not be responsible for any and all claims for personal injury or death caused
to any of the PAs or to any third party whether or not such injury or death arises
out of or in the course of the performance of protection duties.

V. SUPERVISION AND ADMINISTRATION

1. The AGENCY shall have supervision over the PAs with respect to the services
they are engaged to with the CLIENT and this Contract shall not be deemed in
any way to constitute a Contract of Employment between the CLIENT and any of
the PAs engaged by the former, but merely as a Contract specifying the
conditions under which the PAs of the AGENCY shall render services to the
CLIENT.

2. The AGENCY shall be responsible for compliance with Republic Act No. 5487, as
amended and pertinent or similar laws, and its implementing rules and
regulations. As such, the AGENCY hereby warrants to fully and faithfully comply
with all laws, rules and regulations pertaining to the employment of labor now
existing or which may hereafter be enacted including but not limited to the
Minimum Wage Law, the Social Security Act and Workers Compensation Act,
insurance and retirement coverage as prescribed under the Labor Code of the
Philippines and all other social legislation. The AGENCY shall hold CLIENT free
from any and all claims or liabilities arising therefrom.

3. The discipline and administration of PAs shall be the responsibility of the


AGENCY and shall conform to Republic Act No. 5487 and its implementing rules
and regulations and other pertinent laws or circulars.

4. The CLIENT shall have the right to evaluate the AGENCYs PAs performance
while they are engaged to them in order to determine the quality and
acceptability of the service being performed by the PAs and to give policy
instructions in relation to the services they are going to perform; and

3
5. The CLIENT agrees to notify the AGENCY of any deficiency or infraction in the
performance of the duties committed by the PAs. The AGENCY shall immediately
take appropriate steps to rectify the same in accordance with its existing policies.

VI. OTHER CONDITIONS

1. The terms and conditions herein set forth shall be deemed automatically modified
by the applicable provisions of any subsequent law or decree, especially as it
pertains to increase in the minimum wage and the grant of statutory occupational
benefits to the workers and exercise of regulatory powers by PNP-SOSIA.

2. Any and all legal actions arising from this Contract shall be filed with the proper
court of Metro Manila.

3. Any acts of tolerance or verbal commitment made by any parties hereto or its
agents shall not alter, amend or novate this contract. Such alterations, novations
or amendments shall be valid only if expressly made in writing duly signed by
both parties hereto.

VII. DURATION

This Contract shall be effective for a period of two (2) years, beginning November
01, 2015 and ending on October 31, 2016, and may be renewed in writing, for
the same period upon terms and conditions mutually acceptable to both parties.
In any case, either party reserves the right to rescind the Contract at any time for
non-compliance with its provisions upon written notice to the other party at least
thirty (30) days prior to the effective date of termination. Moreover all rights or
claims which have accrued to either party prior to the termination date hereof
shall not be prejudiced or affected by the cancellation of the Contract.

Provided further, that in the absence of a formal renewal upon expiration of this
Contract, the same is deemed to remain in force and effect on a month-to-month
basis subject to termination upon thirty (30) days written notice by one party to
the other.

VIII. MISCELLANEOUS

The provisions of this Contract shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns permitted hereby,
except that neither party may not assign nor transfer any of its rights or
obligations under the Contract without the prior written consent of the other. In
the event that any one or more of the provisions contained in the Contract, or
application thereof, in any circumstance, is held or declared invalid, illegal or
unenforceable, the validity, legality and enforceability of any such provision in
every other respect and of the remaining provisions contained herein shall not be
affected or impaired thereby. The Contract constitutes the entire understanding of
the parties with respect to the subject matter thereof, supersedes all prior
agreements inconsistent therewith, has been duly authorized and executed by
each of the parties hereto and constitutes the legal, binding obligation of each
party.

The failure of other party at any time to require performance by the other party of
any provision herein shall in no way affect the full right to require such
performance at any time thereafter nor shall the waiver by either party of the
breach of any provision hereof be a waiver of any succeeding breach of the
same or any other provision or be a waiver of the provision itself.

4
IN WITNESS WHEREOF, the parties hereto have signed and executed this
instrument at _________________ this ____ day of ______________, 2015.

SECURITY & INVESTIGATIVE (Company)


SERVICES, INC. By:
By:

___________________ ____________________
President President

Signed in the presence of:

ACKNOWLEDGMENT
Republic of the Philippines)
_____________________) s.c.

BEFORE ME, personally came and appeared the following:

Name ID/Passport Date & Place Issued


client / _________________
SECURITY & INVESTIGATIVE SERVICES,
INC. / President

known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledged to me that they executed the same of their own free and
voluntary act and deed and that of the corporations they respectively represent.

This instrument refers to a PROTECTIVE SECURITY SERVICE AGREEMENT


and consists of FIVE (5) pages including this page wherein the acknowledgment is
written and signed by its representatives and the witnesses thereto on each and every
page hereof.

WITNESS MY HAND AND SEAL this ______ day of ________________, 2015


at the place first above-written.

Doc. No. ________;


Page No. ________;
Book No. ________;
Series of 2015.

Das könnte Ihnen auch gefallen