High Cost of Living & Dying - An NGBA Presentation
GSISI Contract of Security Services
1. 1 of 4 pages
CONTRACT OF SECURITY SERVICES
KNOW ALL MEN BY THESE PRESENTS:
This agreement made and entered by and between:
_________________________________________________, with business address at
______________________________________________________________,
represented in this contract by ____________________________________________
herein referred to as the CLIENT;
- and –
GAITANO SECURITY AND INVESTIGATION SERVICES, a business enterprise duly
organized and existing under and by virtue of the laws of the Philippines, with business
address at 9-B Kamias Road, Quezon City, represented in this contract by its President
and General Manager, Ms. YGIERNE G. BLACK, herein referred to as the AGENCY.
WITNESSETH:
WHEREAS, the CLIENT is desirous of engaging the services of the AGENCY for the
purpose of safeguarding and protecting its building premises, equipment and properties;
WHEREAS, the AGENCY is duly licensed to render private security services within the
Philippines under R.A. 5487, “The Private Security Law,” and its implementing Rules and
Regulations, and has trained security guards, equipment and expertise to provide such
services strictly in accordance with the requirements of the CLIENT;
WHEREAS, on the basis of such representation, the CLIENT is agreeable to engage and
install the services of the AGENCY under the terms and conditions set by the CLIENT;
NOW THEREFORE, for and in consideration of the foregoing premises and mutual
terms, conditions and stipulations herein set forth, the parties have agreed and do hereby
agree as follows:
1. As required by the CLIENT, the AGENCY shall provide duly licensed, uniformed
and equipped security personnel in such number and rank as herein below
provided, which may be increased or decreased by the CLIENT as its sole option
depending upon the security situation or with its rules and regulations, and that of
the security agency law and other related laws:
a. Number of security guards: _________
b. Number of security officers:_________
2. 2 of 4 pages
The AGENCY shall adopt a guarding system in posting guards in accordance
thereof, in the premises of the CLIENT throughout the whole 24 hours daily,
including holidays, using a variable shift of guards such hours as may be
designated by the CLIENT.
2. NO EMPLOYER-EMPLOYEE RELATIONSHIP. Nothing in this contract shall be
deemed to constitute an employer-employee or principal-agent relationship
between the security guards/personnel of the AGENCY and the CLIENT, it being
understood that control and supervision over such guards/personnel including the
power to hire and terminate them are exercised exclusively by the AGENCY which
hereby warrants and represents itself to be a legitimate independent contractor
organized and existing by virtue of the Philippine Laws and possessing all the
qualifications and liabilities of an employer such as but not limited to payment of
wages, benefits , SSS contributions and the like.
3. COMPENSATION. For and in consideration of the services to be rendered by the
AGENCY to the CLIENT, the latter agrees to pay directly to the AGENCY a
monthly service fee at the rate of PESOS (Philippine Currency)
a. ______________________ per security guard per month
b. _______________________ per security officer per month
rendering twelve (12) hours actual work daily, inclusive of VAT; payable directly to
the AGENCY every 15th and 30th of each month in the form of duly crossed
checks, with the 13th month pay also on the account of the CLIENT.
4. CORPORATE GUIDELINES AND POLICIES. The CLIENT shall furnish the
AGENCY from time to time copies of guidelines and general policies in addition to
the standard rules and regulations and practices peculiar to the security needs and
requirements of the CLIENT, and the AGENCY shall be responsible for the faithful
performance and implementation of the same.
5. RESPONSIBILITY. The AGENCY shall, after due and prompt investigation that it
will conduct for the purpose of gathering facts and pinpointing liabilities, assume
responsibility for any loss or damage incurred by the CLIENT within the premises
being secured which may have been caused by the negligence or unlawful act of
the AGENCY’S security guards or officers; provided that the said properties have
been properly endorsed or turned over to the guards, except those properties
which by nature and appearance are conspicuous and can be seen by the guards.
The AGENCY shall not be responsible for any loss or damage to the CLIENT’S
properties in cases of fortuitous and unforeseen events or acts of GOD, or under
any of the following circumstances:
a. When the loss or damage occurred inside a closed office or premises
where the AGENCY’S assigned personnel have no access;
3. 3 of 4 pages
b. When the loss or damage was caused by the fault or negligence of the
CLIENT’S employees, or visitors, and there was no connivance,
assistance, or negligence on the part of the AGENCY personnel;
c. When the loss or damage involved any property of the CLIENT which
have not been turned over to the AGENCY or to any of its authorized
personnel, except those properties which by their very nature and
appearance are conspicuous and can be readily seen by the security
guards. For this purpose, there must be an actual and physical
inventory of properties conducted by representatives of the CLIENT and
the AGENCY wherein the latter’s representatives shall acknowledge
their accountability for said properties and duly log them in the Security
Log Book of the security guards;
d. When the loss or damage has been established to be an inside job and
there is no clear evidence of connivance on the part of the security
personnel assigned on the actual duty;
e. When the loss or damage happened under circumstances which are
beyond the control of the security personnel assigned on actual duty;
f. When the loss or damage occurred under circumstances analogous to
the foregoing.
6. The AGENCY shall not be liable and responsible to the CLIENT or to any of its
employees, visitors or persons, for the personal obligation or indebtedness of the
security guard/personnel to the CLIENT.
7. PERIODIC GUARD INSPECTIONS. The AGENCY shall, at its own expense,
make periodic and appropriate inspections of the guards assigned in the
CLIENT’S premises, and shall exercise discipline, control, supervision and
administration over the security guards/personnel assigned in the CLIENT’S
premises, in accordance with the appropriate laws. The CLIENT or its
representatives likewise have the right to inspect the guards of the AGENCY with
a view of determining the quality and acceptability of the services rendered within
their premises; and may, at anytime, request for the immediate replacement of any
security guard/ personnel of the AGENCY assigned in their premises.
8. DURATION OF CONTRACT. This contract shall take effect on
________________________ and for a period of twelve (12) months thereafter. It
is agreed that after the expiration of the period stipulated in this contract, the same
is deemed to continue indefinitely unless cancelled or terminated by either party
upon notice of no less than forty-five (45) days to the other party.
IN WITNESS WHEREOF, the parties through their duly authorized representatives, have
signed and executed this CONTRACT at ___________________________________ this __________ day
of ____________________, _______________.
4. 4 of 4 pages
________________________________________________ GAITANO SECURITY and
INVESTIGATION SERVICES, INC.
By: By:
_______________________________________________ YGIERNE G. BLACK
President and General Manager
SIGNED IN THE PRESENCE OF:
_____________________________________________ ___________________________________________
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
_____________________________________) S.S.
BEFORE ME, a Notary Public for and in Quezon City this day____________________________
personally appeared the following:
YGIERNE G BLACK , with Res. Cert. No ___________________issued on
_________________________at Quezon City and
_________________________________ with Res. Cert. No. ________________________ issued on
__________________________ at _______________________________
Known to me and known to be the same persons who executed the foregoing
CONTRACT OF SECURITY SERVICES, of their own free will and voluntary act.
WITNESS MY HAND AND SEAL on the date and place above written.
NOTARY PUBLIC
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