Professional Documents
Culture Documents
1)
2)
3.2.
3.3.
3.4.
For security and information purposes only, the CONTRACTOR, through the
Coordinator, shall keep the CLIENT informed of matters related to the
assignment, reassignment, or termination of the Contractors employment of,
Contractor's personnel who perform any aspect of the Contracted Services.
3.5.
In instances where agreed standards are not being met or are in danger of not
being met, or if there are actions committed by any of CONTRACTORs
personnel that the CLIENT deems undesirable, the CLIENT shall bring this
matter to the attention of the CONTRACTOR through the Coordinator, in
which case, the CONTRACTOR shall take appropriate action to address the
complaints of the CLIENT and ensure that agreed standards continue to be
maintained.
3.6.
3.7.
3.8.
b.
If a request for a reliever is needed, the CLIENT agrees to grant the CONTRACTOR
a grace period of two (2) hours for Metro Manila stores and 24 hours (1 day) for
provincial stores (CALABARZON) to dispatch a Reliever from the time of request
made by the CLIENT.
c.
In case one of the riders is a No call, No show or goes on AWOL, the CLIENT
will not be billed for the Overtime Premium Rate rendered by the other riders who
reported for duty beyond their eight (8) hours regular work Schedule.
(a)
Submit to the CLIENT, within thirty (30) days from execution of this Agreement
proof of its registration with the DOLE as required by Sections 11, 12 and 13 of
DO No. 18-02 and Sections 14 and 15 of DO No. 18-A.
(b)
(c)
Promptly submit a copy of this Agreement to the Regional Office of the DOLE.
(d)
While this Agreement, or any extension thereof, is in effect, strictly comply with
all applicable labor laws rules and regulations, and DOLE Department Orders
especially DOLE No. 18-02 and DOLE DO No. 18-A.
(e)
Furnish the CLIENT a copy of its semi-annual reports within ten (10) days from
submission thereof to the DOLE pursuant to Section 15, DO No. 18-02 and
Section 22 of DOLE DO No. 18-A.
(f)
While this Agreement or any extension thereof, is in effect, secure at its own
expense, all licenses and/or permits as are necessary or required by the
Government, whether national or local, for or in connection with the performance
and completion of the Services contacted herein.
(g)
Submit to the CLIENT satisfactory proof that it has registered its employees
personnel and agents assigned to perform the Contacted Services with the Social
Security System (SSS) and other appropriate governmental agencies for purposes
of the requirements of the Labor Code of the Philippines and other applicable laws,
regulations, decrees, rules, instructions and DOLE DOs.
(h)
While this Agreement or any extension thereof is in effect, pay the wages or
salaries of its employees, personnel and agents, as well as all benefits premiums
and protection in accordance with all applicable laws, rules and regulations and
DOLE DOs and furnish CLIENT , on or before the twelfth (12 th) day of every
month, proof of payment indicative of employees name and stamped or validation
receipt of all mandatory requirements which include but not limited to BIR for
withholding tax remittance, SSS, Pag-ibig & Phil. Health for both employee &
employer contributions and a sworn certification stating that: (1) CONTRACTOR
has paid all wages and salaries due to the workers for all services rendered by them
during the immediately-preceding month including overtime, if any, and such other
payments and benefits as are required under the Labor Code of the Philippines,
SSS Laws, Medicare, and the like, and (2) that such payments were all in
accordance with the requirements of law
COMPLIANCE WITH LAWS - All taxes, licenses, permits and/or fees which may
be necessary, due or required by the local and/or national government on account of the
performance and completion of the work shall be secured by the CONTRACTOR and
expenses incurred in connection therewith shall be for its own account.
The CONTRACTOR shall at all times stand solely liable and/or responsible for the
enforcement of, and compliance with all existing laws, rules and regulations and binds
itself to save and hold the CLIENT free and harmless from any and all liability in respect
thereof and/or arising therefrom and/or by reason of this Agreement and its
implementation.
9)
10)
11)
OTHER LIABILITIES - The- The CONTRACTOR shall hold the CLIENT free
from 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.
12)
The CONTRACTOR shall maintain its own rules and regulations for purposes
of regulating the conduct of the Contractor's personnel. The CONTRACTOR's rules
c.
d.
e.
The CLIENT shall provide company ID, prescribed and standard uniform and
the cost of which shall be deducted to the CONTRACTORs billing and the same as
to the salary of the CONTRACTORs personnel assigned to the CLIENT.
f.
The CLIENT shall have the right to impose such security measures as it
deems fit, in the work premises. This shall include without limitation the right of the
CLIENT's security personnel to check the belongings of and/or and search the
persons of the CONTRACTOR's personnel whenever they deem necessary.
13)
14)
15)
MISCELLANEOUS PROVISIONS
The CONTRACTOR agrees to comply with the policies of stores/outlets (where its
employees are tasked to perform the contracted services) with regard to pregnant
employees, their safety, maintenance and conformity with set standards, and
providing relievers.
16)
17)
EFFECTIVITY - This Agreement shall be effective upon its being signed by the
parties hereto, which shall be conclusively presumed to be on the date indicated herein
unless earlier terminated as herein provided. This Agreement shall continue in effect
until all the obligations created thereunder have been fulfilled and discharged.
18)
TERMINATION -TERMINATION
Notwithstanding- Notwithstanding any
provision of the Agreement, either party may terminate this Agreement by serving a
notice of termination to the other party at least sixty (60) days prior to the intended
date of termination. The CLIENT may terminate or cancel this Agreement, in the
event the CONTRACTOR fails to perform the services contracted in satisfactory
manner, resulting in financial loss to the CLIENT or would delay performance of any
of the Contracted Services, and/or in case of repeated failure by the CONTRACTOR
to comply strictly with the terms and conditions of this Agreement.
The CONTRACTOR may likewise terminate this Agreement for non-payment by the
CLIENT of the agreed compensation for a period of two (2) consecutive months, in
the manner and period stated above.
VENUE IN CASE OF SUIT AND ATTORNEYS FEES - The parties agree that
all judicial action in connection with or arising from this Agreement shall be
litigated only in the proper courts of Makati City to the exclusion of all other
courts and the amount equivalent to twenty five (25%) percent of the amount
claimed shall be due as attorneys fee.
PHILPOWER INTEGRATED
SERVICES
Contractor
Client
By:
By:
____________________
MS. LOURDES RIVERA
Group Manager
________________________________
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
) S.S.
BEFORE ME a Notary Public for and in ____________, Metro Manila personally
appeared the following persons, to wit:
Name
Msk Chow Foods Service
Inc.
Ms. Lourdes Rivera
Government-Issued ID
Date/Place of Issue
Philpower
Integrated Services Co.
Rexcel S. Lanot
who are known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same is their free and voluntary act and deed
and of the corporations they represent.
WITNESS MY HAND AND NOTARIAL SEAL this ________ day of __________.
2014 at ___________________.
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ANNEX A
CONFIDENTIALITY and NON-DISCLOSURE AGREEMENT
We, PHILPOWER INTEGRATED SERVICES, CO., acknowledge that as a result
of the hiring of our services for Delivery by MSK Chow Foods Services
Inc.____________________ (hereafter, the CLIENT), we may gain access to proprietary
and confidential information owned by or licensed to the CLIENT, including trade secrets,
business plans, marketing plans, strategic plans, and operating plans. We acknowledge that
any unauthorized use or disclosure of any of the foregoing matters may result in significant
and irreparable damage to the CLIENT, and or/its licensor.
As part of the consideration for our hiring a Service Crew provider, we agree to only
use any and all information to which we may have access to in performing our obligations to
the CLIENT and carrying out our contract. We will keep all such information in strict
confidence. We will not disclose any such information to any person. We will abide by all
other restrictions on the use and disclosure of the information, which the CLIENT may
establish from time to time, and the obligation of the parties to keep strictly secret and
confidential the information that will be obtained.
We or any of our representatives shall not directly or indirectly disclose all knowledge
and information which we and our representatives may acquire from the CLIENT, its
employees, consultants or agents with respect to its inventions, designs, methods, systems,
improvements, trade secrets, trademarks, pricing and any other private or proprietary matters
whether directly owned or assigned to the CLIENT, to any person or entity without the
express written permission of the CLIENT. We and our representatives shall instruct each of
our employees, who are provided such information on a need-to-know basis, that all such
information is the property of the CLIENT and is to be held in strict confidence by the
employee concerned.
PHILPOWER INTEGRATED SERVICES CO acknowledges that our obligations
under this Agreement will survive the expiration or termination of our contract as Service
Provider.
We acknowledge that any violation, whether actual or prospective of this agreement
can cause grave and irreparable injury to the CLIENT and its licensor and that the CLIENT
will be entitled to the issuance of a restraining order and a writ of preliminary injunction to
prevent such violation, as well as indemnification for liquidated damages.
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PHILPOWER INTEGRATED
SERVICES
Contractor
By:
By:
____________________
______________________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
) S.S.
BEFORE ME a Notary Public for and in ____________, Metro Manila personally
appeared the following persons, to wit:
Name
Philpower
Services Co.
Rexcel S. Lanot
Government-Issued ID
Date/Place of Issue
Integrated
who are known to me and to me known to be the same person who executed the foregoing
Agreement and acknowledged to me that same is their free and voluntary act and deed and of
the corporations they represent.
WITNESS MY HAND AND SEAL this ___________ day of
_____________________, 2014 at ______________________________________________.
13
14
ANNEX B
Scope of Service
The Contractor will provide the Client the following:
A. Delivery Riders
All ContractorsContractors employees shall be assigned to perform the Contracted
Services exclusively for the Client.
The Contractor will follow the Clients requirements in terms of age, skill, work
experience, personality and profile of the Contractors employees to be assigned.
The Contractor will gather and complete the required documentation NBI clearance,
Health Certificate, Mayors permit, etc.
Upon deployment, each rider will be equipped with a helmet, appropriate rain gear
and the required rider uniform. The Contractor will directly order uniforms from the
Clients accredited supplier and shall be at the cost of the Contractor.
Rider will work on full time or part time basis, with a minimum 6-8 hour work per
day (with 1 hour lunch break and 15 minutes snack break)
Long Break is allowed up to maximum of two (2) hours provided that rider will work
full time (8 hours) per day.
The schedule of the riders for the following week, from Monday to Sunday, should be
submitted by each branch via email to the Contractor on the preceding Saturday. Any
particular branch of the CLIENT will provide feedback if no requirement is needed.
The Contractor shall be required to have their employees undergo an annual medical
examination (APE) at its own cost, which will coincide with the annual medical
examination schedule of the Client. The Contractor shall, likewise, secure the health
permits of its employees at its own cost.
Delisting and recall/pull-out of Contractor employees may be done anytime should its
employee commit an offense, which resulted to disciplinary action (DA).
Pull-out may also be done in case of low volume of delivery requirement. However,
the Contractor cannot assure the deployment of the same rider, if the Client so
requests.
B. Marketing Support
The Contractor shall provide four (4) hours marketing support each store every month at NO
COST to the Client. Marketing support shall be limited to leafleting and installation of
banners. The Client shall provide all the materials for marketing support.
The Contractor shall provide personnel with corresponding motorcycles for RTA
(trading area) Mapping. The Client shall supply the Contractors personnel with fuel,
meals, working maps and other necessary materials for the activity. Mapping shall be
supervised by the Contractor area supervisor in collaboration with the delivery and
branch manager.
The marketing support is only applicable for branches with full-time Contractor
personnel deployed therein.
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C. Delivery Vehicle
The Contractor will provide the Client with motorcycles.
A monitoring system will be in place to make sure that each motorcycle is in good
running condition at all times.
The Contractor shall provide brand new motorbikes for the Client with full-time
riders, with the agreed motorbike requirements. The Contractor shall provide
refurbished motorbikes only for part-time riders.
The Contractor shall be responsible for the LTO registration requirements of the
motorcycles.
The Client shall provide a secured parking space for the motorcycle for overnight
parking and when not in use.
The carrier box and its maintenance will be the responsibility of the Contractor.
The Contractor shall be responsible for the repair of boxes in case any of its decals,
stickers, or printed numbers or labels are defaced. The repair shall be for the account
of the Contractor. The boxes shall be replaced after one (1) year from deployment.
The cost of the Box Stickers is included in the General Costing (Annex E).
Rental of motorbike of P57.69 is for eight (8) hours use. In case the Clients rider
uses the Contractors motorbike, rental shall be computed based on the number of
hours used.
D. Motorcycle Maintenance
The Contractor will provide a motor pool for the maintenance and repair of the
motorcycles.
Roving mechanics, equipped with their own motorcycles and tools, will be provided
for trouble shooting, preventive maintenance and repairs.
A regular preventive maintenance program will be implemented to ensure that the
motorcycles are in good condition.
Preventive maintenance is scheduled at least once a month.
Average response time for DOWN BIKES and accidents would be:
a. Return call within 1 hour from the Clients call ,
b. The Contractors personnel/technician (within Metro manila) who received the
call should respond within two (2) hours.
c. Call requests for repairs beyond 6:00 PM will be accommodated the following
day.
E. Vehicular and Road Accident
The Contractor will attend and assist its personnel in all vehicular accidents and
related incidents that cause physical injury to the personnel, or any form of damages
to any portion of the motorcycle or the products being delivered.
In the event that the Contractors rider meets an accident using the motorcycle owned
by the CLIENT, and this motorcycle is damaged, the Contractor shall be liable for the
amount of participation limited to a maximum of PhP 3,000.00. Upon further
investigation, if the rider of the Contractor is found to be negligent in the operation of
the motorcycle, the Contractor shall shoulder the entire cost of damage.
F. Reliever System
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The Contractor will maintain a daily pool of relievers in cases of rider absences.
Relievers must be exclusively deployed to the Client.
The relievers will conform to the hiring and selection requirements of the Client.
Each reliever will be deployed with a helmet (Red), an appropriate rain gear and a
complete uniform (Provider by the Store)
The Client shall report to the Contractor when riders do not report for duty within
three (3) hours from knowledge thereof.
G. Back-up System
Back up motorcycles will be provided in case of motorcycle breakdowns that will
require some time to repair. Back up motorcycles will be provided by the Contractor
within two (2) hours upon receipt of report from the Client. The parties understand
that the back-up motorcycles may not bear the Clients carrier box. In any case, any
available carrier box shall be placed to the back-up motorbike unit.
The motorcycles will comply with the Client requirements in terms of model and
design.
H. Training
Before deployment, riders will be trained on:
Delivery Trade Area familiarity
Product familiarity, Customer Service Standards (to be facilitated by client)
Basic roles and responsibilities
Maximum drive time and hit rates
Other reasonable items which may be required by the Client
Safety Driving Techniques
Trouble Shooting
Road Safety & road accident regulations
The Client will conduct its mandated pre-deployment training of riders and
validation.
The Client will shoulder the classroom training cost of the personnel to be assigned to
the Client. However, if the employee of the Contractor that received the training
resigns, is terminated from employment for cause, or the Client requests for
replacement due to poor performance of the Contractors employee based on
appraisal, within three (3) months from commencement of service with the Client, the
Contractor will reimburse the cost that the Client incurred in training the said
Contractors employee.
The Contractor shall pay their employees while on-the-job training with the Client
before the contract signing.
The Contractor coordinator will be oriented by the Client on how to certify their
employees while on-the-job training. The assigned coordinator shall attend a four (4)
days Training with the Client.
The Client will teach the Contractors coordinator on how to facilitate the Clients Elearning until such time the E-learning may be done by the Contractor to their
employees within its office premises.
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J. DISCIPLINARY MEASURES
Upon hiring, riders will be briefed on the required disciplinary standards on
attendance, functions, work behavior, honesty and compliance to customer service.
A Penalty Memo will be implemented. Operation Managers will issue penalty memo
to riders who do not comply with agreed upon standards. This penalty memo will be
the basis of the Contractor for issuing disciplinary action.
The Contractor will implement the appropriate disciplinary action warnings,
suspensions and terminations depending on the severity of each violation.
L. ADMINISTRATIVE SUPPORT
The contractor will call the branches on every shift of the day around 8am 10am to
make sure the roster is complete.
The Contractor will ensure the availability of a person to accept calls from the
Clients branches regarding complaints, absences, motorcycle breakdown, change in
roster, etc.
The roving supervisors will collect the Daily Time Records (DTR) which will serve
as the basis for the payroll.
The Contractor will prepare and facilitate payroll.
M. SATISFACTION SURVEY
The contractor will conduct a monthly survey among the store managers to determine
the level of satisfaction in relation to scope of services.
The survey will also evaluate each rider assigned to the Client.
N. GASOLINE AND PARKING FEES
The cost of fuel and parking fees of the CONTRACTORs Motorcycles will be shouldered
by the Client when the requirement is a rider + motorbikes.
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ANNEX C
1. The following are the minimum qualifications of the Clients Delivery Riders:
Age
Height
at least 5 4
Educational Attainment
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ANNEX D
EQUIPMENT SPECIFICATIONS
specifications
DIMENSION(LxWxH)
:
WHEEL BASE
:
MAXIMUM LOADING WEIGHT
:
FUEL TANK CAPACITY
:
TIRE SIZE
:
BREAK MODE
:
MAXIMUM SPPED
:
MAXIMUM ENGINE POWER
:
STARTING METHOD
:
FUEL CONSUMPTION
:
ENGINE TYPE
:
ENGINE CLASSIFICATION BY CYCLES
TRANSMISSION
:
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