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PROJECT; PEOVISIOH OF TANITORIAL SERVICES FOR THE

UI{MRSITY -

^{},IAIN AND}

E}TTERHAL CAIIPUSES CONTRACT NO: G-2O21-27

CONTRACT AGREEMENT KHOW ALL }ilEN BY THOSG PRESENTSI

This AGftEEUEf{T is made and executed this

_

^{da,y of}

^{January 2$22}

^{by and hetween}

The

BULACAT{

STAT= UI{ILERSITY, a government institution of higher

learning duly organized and existing under R.A. 7665

with

office address

at the

City

of

Malolcs, Bulacan, reBresented herein

by Dr,

CECILXA

I{,

GASCON, University Fresident,

duly

ar,rthorized to represent

it

in this transaction {hereinafter ^called "the Entity")

.And-

The SWARM RESOURCES'CORFORATION represented _by ttls

ilA.

BELEI* D. GUMAFELIX, CEO

/

President, with

the

principal address

at

78 Krus na Bituin, Bungahan, Cily

of

Malolos, Bulacan (hereinafter _called "the Agency") of the other part:

-witnesseth that-

WHEREAS,

the

ENTfTY intends

to

pr"ocure PROVISION

Of

JANITORIAL SERVI€ES FOR THE UIttI\aERSXfY

- ^lrlAlil

At{D E}frERNAL CAMPUSES (herainafter calted "the Services"};

WHEREAS, the AGENCY offers

to

supply/deliver the foregoing Services;

WHEREAS,

the

AGENCY warrants

and has

repres€nted

to the ENTIW that it

has the capability, eompetence,

and sufficient

r€sourc€s

to

supply/deliver

the

aforesaid services specifically mentioned in the offer, thus offered

the

bid for TEN

MILLION

FOUR HUNDRED TIIIIEHTY-FIYE THOUSAND SEVEN HUNDRED

FIFIY FIVE

PE$OS

AND

O2ITOO (PhP

1014251755,02) hereinafter called ("the Contract Price"] _;

WHEREAS, as

a

me€sure

of

^guarantee for

the faithful

performance of and compliance with his obligatlo*s under tfiis contract. the SUPPLIER. Bo$ed Ferformanee Security in the form of Perf.ormance

Bond

issued

by Milestone Guaranty and Assurance Corp.

amountinE to

Three Million One Hundred Twenty-Seven Thousand Seven Hundred Twenty-Six

Pesos

and

51,r1OO

tPhp

3,L27,7X.6.51) which is Thirty Percent

i30%)

^{of the contract price}

as specified in the Bidding Documents

Wf|EREAS, in view of the foregoing warranties,

the

EN].ITY has accepted the AGENCY'S offer in complete relience on the foregoing representations made by

the

ENTITY, subject to and in accordance with the term$ and conditi.sns hereinafter set forth.

NOW

THIS

AGREEMENT WITNESSETH AS FOLLOWST

1.

In this Agreemerrt, the wordg afld expressions shall have the same meanings as are re-spectively asslgned te them in the General Csnditions of this AgreemenVCsntract,

2.. The

fqllowing, documents

are

incorporated

hereto and

made integr.at

part of

this

Agreement:

(a)

The Bids Form and the Price Schedule su$mitted hy the Bidder

(b)

The Schedule of Requirements

(c)

The Terms of ^,Reference

t

\

{d}

{e}(f)

The General Conditisns of the Contract The Special Conditions of the Contract The Supplements to

the

Bid Documents; and

{g}

^{The Entity's:} Notification Award

Page tr of 10

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3.

^In consideration of the payments to be made by the BuISU to the AGENCY as hereinafter mentioned,

the

AGENCY hereby covenants

with the

BuISU

to

^provide

the

^goods and seryices and

to

remedy _defects therein in conformity in all respects with the ^provisions of the Contract.

4.

The BuISU hereby covenants

to

^pay the AGENCY

in

consideration

of the

^provision of the goods and services and the remedying of defects therein, the Contract price or such other sum as may become payable under the provisions of the contract at the time and in the manner prescribed by the contract.

NOW, THEREFORE, both parties,

for

and

in

consideration

of

the terms and conditions set forth in this

Agreement

and in the documents, appended thereto, do hereby agree as follows:

ARTICLE 1. AREAS COVERED

1.1

The areas referred _herein

to

provide with janitorial _{services are} described as follows;

a'

BuISU Campuses

-

Main Carnpus (City of Malolos Bulacan); Bustos Campus (poblaci6n, Bustos, Bulacan); Meneses Campus (Matungao, _Bulakan, Bulacan); Sarmiento Campus

(City of

San Jose

del

Monte, Bulacan); Hagonoy Campus

(Iba-Carillo,

_Hagonony,

Bulacan)

b'

The AGENCY shall provide

janitorial,

sanitation in compliance

to

the guidelines _issued by

the

appropriate government agencies and related services within

the

^premises of the ^Bu15U. The premises shall include the common areas of

the

building, ^'such as but

not limited to,

classrooms,

offices,

conference

rooms, comfoft rooms,

hallways, corridors, lighting fixtures, furniture's as well the premises outside the building such as pavements and landscaping.

2.L

^{The SUPPLIER} is obligated to deliver/suppty the equipment specificaily identified in

the quotation made by the laHer to

the

ENTITY. The equipment

to

be provided by

the

SUPPLIER

shall be as

specified

in the

Schedule

of

Requirements

and

shall conform with the standards mentioned in the Technical Specifications as attached hereto;

ARTICLE

2.

CONTRACT WORK

Janitorial, sanitation and related services shall consist of the following _schedules:

2.1

DArLY SCHEDULE/OPERATIONS:

a.

Sweeping, mopping, spot-scrubbing and polishing of all floors and stairs, provided

that

areas

with

heavy

foot-traffic

such as

the

main lobby entrance and waiting areas/ shall be serviced continuously during office hours;

b,

^Hourly cleaning and sanitizing of toilets and washrooms, which shall include usage of special disinfecting agents for the wash basins, urinals and toilet bowls;

c.

^Dusting and cleaning of horizontal and vertical sufaces;

d.

^{Dusting and} cleaning of glass tops, inside and outside windows, window ledges, air vents and partitions, furniture and fixtures;

,

Cleaning and polishing of hand rails, brass signs and trims;

Reporting

of

malfunctioning plumbing and

lighting fixtures,

damaged furniture, parts of building, etc,;

.

Cleaning of ash trays and trash receptacles;

.

Vacuum cleaning of rugs and carpets;

Disposal of trash, rubbish and garbage frorn the building to receptacles provided for the ^purBose;

Sweeping of driveways, parking areas and walkways;

watering of ^plants,

cleaning

and

sweeping

of all

leaves along

the

roads and sidewalks; and

l.

Trimming of plants and spraying of insecticide/pesticide.

2.2 WEEKLY SCHEDULE/OPERATTONS

?.

^Washing, scrubbing, waxing and polishing of all doors and floors;

b.

^Washing of inside and outside glass windows and doors;

q.

^Dusting of light fixtures suspended from the ceiling;

d.

^Cleaning, waxing and polishing of office furniture

ind

fixtures, counters, etc., excluding however, equipment requiring special maintenance;

e.

Scrubbing and sanitizing of toilets and wash rooms;

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^washing and scrubbing of driveways, parking areas and walkways;

g.

Moving/cutting of laws/grass and disposal of leaves;

h.

Replanting and application of fertilizers, when necessary

2.3

MONTHLY SCHEDULE/ OPERATTONS

a.

^Thorough cleaning oJ all areas covered;

b,

Inspection and cleaning of gutter.s'including reporEinE any damage thereto;

c.

Cleaning

of ceiling, including light diffusers, lamps, air-conditioning

ouflets, venetian blinds, screen, etc

d.

^Waxing and polishing wood furniture, rails,

trim,

etc.;

e.

_.Waxing and polishing marble walls; and

t,

Replacement of indoor plants, as necessary.

ARTICLE

3.

RESPONSIBILITIES OF THE AGENCY 3.1 JANTTORIAL EQUIPMENT

The AGENCY shall provide the equipment necessary to undertake janitorial, _sanitation and related services, such as, but not be limited

to,

floor polishers, grass cutters and mops.

EUISU may require the AGENCY

to

^provide such equipment germane to or necessary

for the

effective performance

of its

obligations upon notice

to and

consultation

with

the AGENCY officials.

3,2

WORKING HOURS

The AGENCY shall provide Janitorial services

for

eight (B) hours

a day,

Mondays to Sundays covered by the Terms of Reference (TOR). The BuISU shall however, prescribe the time or schedule of work

to

be followed by the employees of the AGENCY. No work shall be rendered or performed during legal and special public non-working days, unless required by BUISU with ^prior notice to the AGENCY.

3.3

COMPENSATION AND MANNER OF PAYMENT

For and in consideration of the services rendered by the AGENCY, the BuISU _{shall pay} the AGENCY in accsr.dance with the amounts listed in ARTICLE 4.

Payment of the service rendered by the AGENCY shall be on a monthly reimbursement basis. Monthly ^payments

shall be

made

only

upon compliance

of the

requirements under Section 3.3 of Article ₃ of this contract. Said payment shall be paid in check within

thirty

⁽³⁰⁾

days after receipt of the billing statement by the BulSU.

The total amount to be paid by BuISU in favor of the AGENCY as payment _of the service rendered

through

reimbursement basis

shall be

based

on the

actual number

of

^janitorial personnel _assigned on

a

daily basis by the AGENCY based and taking into considerition the existing needs of BulSU.

The statement of account shall be accompanied by:

1.

A duplicate copy of the bank's certificate with the signature of the appropriate bank officer showing confirmation

that the

amount debited was against the AGENCy'S account

and thereafter

credited

to the

account

stated theiein, In

case where payment

is through

modes

other than

ATM,

a

certified

true

copy

of the

signed payroll

duly

noted by

the

University Cashier shall be submitted as proof

thal

tne salaries due to the janitorial personnel had already been paid by the AGENCy;

Z.

An executive summary covering the following:

a.

Name of janitors;

b.

Actual number of hours in a daylshift rendered;

c.

Number of days rendered for the period;

d. In

cases

of

ahsences,

to

show name

of

reliever,

if any, and

number of hours/days(s) invotvedl and,

e.

^The amount paid in

janitor

_{for the} period.

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3.

^The

^janitors

daily

time

records

for

the ^previous billing period duly certified by the concerned officer of the Agency and noted by BulSU.

4.

^A certification under oath by the AGENCY that alljanitors _{assigned to the BuISU} have been paid their_wages for the period claimed in accordanie

witn

releriant wage orders and Mandatory benefits such as SSS, Medicare, etc.

The AGENCY shall ensure

that all

deductions made from the salaries of janitors _plus

the

corresponding employer's (AGENCY) share

of

SSS, Phitheatth

jnA

_pnC-f

_dIC

_rn.f

I

O"

remitted to the respective offices on a monthly basis.

The BuISU reserves

the

right

to

veriFy the actual wages being paid

to

the janitors. _All payments under

this

contract shall be subject

to the

usual accounting and auditing rules of the government.

The AGENCY shall pay all personnel costs under this contract:

a.

Wages, salaries and wage adjustments, if any:

b'

^social security premiums and insurance required by raw;

c.

Any remunerations requir.ed by law;

d.

Government licensing charges and taxes,

The

AGENCY

shall

exercise extraordinary

care and

diligence

in carrying out

its obligation under this contract and to the best interest of the

Butsu.

The AGENCY shall not, during the period of this Contract or anytime thereafter, use or disclose to any person

or

entity, any and all information, derogatory

oi

otherwise, _concerning the affairs and activities of the BuISU which the members of ihe janitorial _{force of} the herein AGENCY may have acquired by reason of his assignment to the fremises of ^BulSU,

The AGENCY guarantees absolute non-occurrence of any form of mass action, protest.

mass leave, or strike by its janitorial _personnel within Bulsu premises.

The AGENCY shall seek

first the

approval

of the

BuISU before implementing _the assignment/deployment of

janitorial force, It

shall assume

full

responsibility on

the

^pioper

and efficient performance of duties by the janitorial personnel employed by ii.

The AGENCY shall assume full responsibility to restitute or pay the BuISU for any loss

or

damage which

the

BuISU

may suffer

during

the

assigned hours

of

janitor-ial _personnel provided

that it

shall have been established

after

due investigation

ny lne BulS[

and the AGENCY and

an

independent party who shall be

jointly

_appointed

by the

BuISU and the AGENCY,

that said

loss

or

damage

was

principaliy due

to the

negligence

or fault of

the janitorial personnel.

ARTICLE

4,

CONTRACT PRICE

4.1 In

consideration

of the full

satisfactory and

faithful

performance by

the

AGENCy

of

its undertakings

and

obligations under

this

contract,

the BuISU shall piy the

AGENCy the following monthly rate per janitorial personnel, to wit;

OUNT

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New Daily Wage (DW)

P

^420.00 F 525.00

Ave, PaylMonth (DW x no. of days 261

}er

^{year/ LZ)}

F

9,135.00

P

1\,419.75

13th month pay (DW

x

26L/

t2 / ^tZ) P 76t.25

P _951.56

Service Incentive Leave (DW

x

5

/t?) F

175.00 ^F 7t8,75 AMOUNT TO JANITOR AND

SUPERWSORS:

TOTAL

F

t0ta7L.25

F

^12,599.06

Page 4 of 10

Wage _RB

III.21

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B.

AMOUNT

TO

GOVERNMENT

IN

^FAVOR

OF

JANITO

RS AND

SUPERVISORS

D

AD

F. D and

E 12o/o

cosr

CY

U SU

TOTAL PER M

PER YEAR

M, TOTAL _OF SUPPLIES AND CLEANING MATERIALS

and

COST/ AL OF J.

L.

SSS premium

P

^850,00

P

^1,062.50

E.C.C. Contribution _{P 10.00 ? 10,00}

Phi lHealth contribution

P

^150.00

F

^150.00

Pag- Fund

F

100.00

P

100.00

O FJ AN TTO R AN D SU P E RVISORS..

FA

*

m

GO

P

1,110.00

F

^11,191.25

P

^3,354,39

P

^14,535.63

F

^L,322.50

P

^13,911.56

F

^4,L73,47

P

^18,095.03

P

^7,744.29

F 2,!70,20

6,279.9A ^P ,255.24

F

L,V96.34

37 3

P

^668,820,88

P

60,765.7L

P

8,025,950.56

P

^729,t88.46

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P

1,670,7L6.0O

MATERIALS/ SUPPLIES/ CTEANING AGENTS

to

be

provided by the

Contractor on

a

Quarterly

Basis

Quantity Offer Amount

.

Qqrbage bag (Thk= _{1.40 mi ) 30,000 P 5.50 P 6}

.

Soft Broom 300 P 89.00 ? 26,7A0.00

.

Hard Broom 450 P 45.00 _F 20,250,00

.

Dust Pan 220 P 45.00 P 9,900.00

a soap (1 kg. pack) 995 P 45.00 _? 44,775,00

a Bleach (lit.) _{600 P 60.00 P 36,000.00}

.

Bowl and urinal cleaner,

_Bactericidal

^(lit, ) 1,200 P 148.00 P t77,600.00

o

Disinfectant Spray Crisp Linen

5389. _

^{607 P 5BB.OO P 4L7,516.00}

r

Muriatic acid, lit. 450 P 112.00

_P

^50,400,00

a with hand 587 F 148.00 F 96,876.00

a without _{587 P} 45.00 P 15.00

.

Liquid soap, ga 230 F 135.00 P 31.050.00

a Toilet pump 50 P 68.00 P 3,400.00

r

Mop head L,644 _{P 150.00 P} 246,600.00

.

Mop Handle 200 P 149.00 P 29,800.00

.

Scourinq Pad (Spcs. Per pack) 120 P 22.00 P 2,640,00

.

Door Mat 700 P 35.00 P 24,500.00

.

Cob web duster _{150 F 148.00}

_

^{P 22,200.00}

'

^Air

^fresheler

^{209 P 15.00 P 3,135.00}

.

Liquid glass cleaner 120 P 150.00 1

r

Glass Squeeg,ee 10 P 139.00 F

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^The above-stated compensation includes the following:

TOTAI CONITACI _PT|CE ShAII bC TEN

MILLION

FOUR HUNDRED TWENTY.FIVE THOUSAND sEvEN HUNDRED FrFTY-FrvE

PEsos

AND

o2l1oO (php La,42s7ss.o2)

ARTICLE

5.

AGENCY'S PERSONNEL AND AGENCY'S RESPONSIBILTIES TO ITS EMPLOYEES

1.

The AGENCY shall provide

the

required number

of janitors

and supervisors

at

all times.

2.

The Project Manager

or the

supervisors, as

the

case

may be,

shall

act and

make decisions

in

behalf

of

and

for the

account

of

the AGENCY

on

matters arising from questions or complaints raised by the department/offices or by the service personnel themselves.

3'

The Project Manager and the supervisors shall have

the

authority

to

exercise close supervision over the work of the assigned service personnel. They shall see

to it

that

the

service personnel are physically and mentally

fit

and should

not be under the

influence

of

liquor or any prohibited drugs before they are allowecl

to

report

to

their assigned post.

4. The

service personnel assigned

at the

Procuring Agency

must have been

well- screened, trained and found

to

be courteous, efficient, honest. reliable, trustworthy, cooperative, well-groomed, physically and mentally fit.

5,

The AGENCY

may be

required

to

have

its

service personnel retrained

at its

own expense by an accredited Training Institute.

6.

The AGENCY shall have retiever/sfor the BuISU _available at any time to take over in case some regular service personnel are absent at no extra cosi to the BulSU.

In

no case shall

the

service be sub-contracted. _No trainees shall be allowed as

a

reliever even if they are allowed and identified as such.

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F5

400.

1 00

900 P 10.00

F9,

00

provided

_hy

the

Contrac,tor

.

Wheel Barrow

.

Buggy

o

Trash Bin

.

Portable Chain Saw

.

Floor Polisher

r

Ladder

(A'fype

of Extension Type

. Liquid Soap

Dispenser (Comfort Rooms)

.

Power Spray including Accessories

. Back

Panel Manual

Sprayer

(for Disinfection)

.

Fogging Machine (for Disinfection)

.

Push Caft

. Mop Wringer Single Side

^press,

Yellow

o

Vacuum Cleaner

.

Shovel

.

Hand Pruner

.

Rake

r

Garclen Hose

.

Trowel

.

Grass Scissor

r

Grass Cutter

.

Portable Chainsaw

r Itak

^(Gulokl

.

Nylon Rope

r

Plastic Bucket

r

Garden Hoe

.

Pick Mattock

CLEANING EQUIPMENT

to

be

P 200,000,00

Cotton rao kq) 60 F 90.00

.

Duster P 149.00

.

Steel wool

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7.

^The AGENGY shall not reshuffle personnel without

the

^prior clearance

/

approval of

the

Head

of the

Agency which hereby reserves

the right to

reject

any

proposal to reassign personnel

if

such reassignment

is

found

to

^pose

an

imminent danger or prejudice

to the

service.

It ^is

^however understood

that on

matters

of

disciplinary action towards the ^personnel of the AGENCY, the End-user shall cooperate with the AGENCY or vice versa by means of mutual consultation.

8.

^The AGENCY shall consider hiring janitors _{currently employed} in the University upon recommendation

of the

Management

based on the result of the

performance evaluation. The

AGENCY

shall give written notice to the End-user whenever any of

the service ^personnel are to be ^replaced or ^removed. The number

of janitors/janitresses required

in the

Contract maybe revised

in

accordance

with

the needs of the BulSU.

9,

The employees of the AGENCY are not employees of the BulSU, There is no employer- employee relationship between the BuISU and the AGENCY, Consequently, the BuISU

shall deal exclusively and directly with the

AGENCY

or its duly

^authorized

representative in all matters regarding the Contract.

10. The AGENCY shall immediately upon receipt of request and verification replace, any service personnel who may be found and considered undesirable and incompetent by

the

End-user. The AGENCY, however, shall abide by

the

procedural and substantial requirements of the Labor Code of

the

Philippines.

11.The AGENCY shall provide appropriate uniform, Personal Protective Equipment

(if

necessary)

and ID / ^{nameplate for all} personnel. For the ^purpose of

^easy

identification, all janitors shall wear an ID tag and only one type of uniform and color scheme shall be adopted.

12,The AGENCY shall assign specific personnel in

the

maintenance of comfort rooms.

13.The AGENCY agrees

to

submit itself, its representatives and all its workers under

it

to security and safety rules and other pertinent regulations oFthe BulSU.

14.The AGENCY shall, upon representation by the Bul5U, replace any janitor:

a.

Whose

work

performance,

behavior and attitude falls below

the standards of the BUISU; or

b,

Whose conduct is unsatisfactory

or

prejudicial

to the

best interests of the BulSU,

15,The AGENCY shall provide the BuISU a copy of the biodata of alljanitor.s deployed to the BulSU. Each biodata shallcontain a recent photo as well as the specimen signature of the janitor.

16. Notify the janitors _at the tlme of hiring as to the wages and working conditions under which they are employed, which shall include, but not be limited to, the following:

a.

The rate of wages payable;

b.

The method of calculation of wages;

c.

The periodicity of wage payment- the hour, day and place of payment; _and

d. Any

increase

or

change

with

respect

to

any

of the

foregoing items during the existence of

the

contract.

17, Provide each

janitor with a copy of the manual

operations/company

rules

and regulations of the AGENCY on the following:

a.

b.

c.

d, e.

f.

q.

R.ecruitment of ^personnel _; Salarles of ^personnel;

Attendance/leave credits;

Performance standards;

Sanctions for violation(s) of company rules and regulations;

Equipment and supplies; and,

Duties/functions/responsi bil ities of ^person nel

e,

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The AGENCY shall have primary and principal responsibility for the discipline of all its assigned janitors _under its employment.

ARTICLE

6.

INDEMNITY

6'tr

The AGENCY shall hold the BulSU free and harmless from, and shall indemnify the BuISU

for any and all liabilities

damages, losses,

injuries,

including

death, due to the

fault, negligence, act or omission, delay or conduct of the AGENCY and/or its janitorial _{personnel in} the performance of the AGENCY's undertakings and obligations under this Contract.

Page 7 of 10

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ARTICLE

7.

REPRESENTATION AND WARRANTIES 7.1 The AGENCY hereby represents and warrants that:

a'

_perform

It

has all its the undertakings and.obligations requisite power, au,thority and capacity

,no"iin"

terms

to

enter into this _and conditions contract _{hereof.and to}

b'

The execution court or transaction _provision or government

of

law, to

and

which ordinance, executive performance authority, or he is or will

of

any provision of _{be a}

this

order party,contract does

Ji administrxive

a

contii.t, not and will igi**ent, o.0., or not

decree violate instrument

of

any_any

c' It

prevent delay, stop rights and privileges under shall

not

bring any or unreasonable otherwise interfere the Contract.

or

unfounded action with the exercise by

or suit the

intended BulSu _{of any of}

to

stifle, _itsto

d, It

secured

has taken

all necessary

all the

necessary

and

proper governmental

and/or

legal action, and -and proper approvals, ciearances, permits and authorization for the execution and performance of thls Contiact.-

e' It

has

not given or

^promised

.to give any

money,

gift or

benefit

to any

official or employee of the

Bursu

to obtain/procure tnis contract.

f' It

is a legitimate labor contractor _and fullv _compliant to all labor _and other laws.

ARTICLE

8.

NO EMPLOYER.EMPLOYEE RELATIONSHIP

8'1 It

is herebyagreed _and understood that the AGENCy is and shall remain an independent AGENCY and and the AGENCY there or _{shall no} its janitorial employer-employee personnel, _{on trre} relationihip otnei

hand.

_oetween Hence, Hr. the

guisu,

BuISU on one hand,_shall not in

any way be liable nor

responsible

for _i.ny

personai

in:r.v,

including death

or

_{damage to}

property _sustained or cause to or any or tne personnJr of

url AGiNtV, in. aaerrrcy

_{sha, at}

all-time

be directly responsible

and'liable rbi iiie enfit.rn"nt of,

and comptiance

with a,

existing laws, rules and regulations, particularly

*itn i.rp"ctto

anyano

atiitaims

brought by its janitorial _{personnel under} applicab:le labor. and sociat-iegislation.

8'2

The AGENcY shall hold

the BulSu

free. from any liability arising from _causes of action.

or claims which may be filed by its personnel by reason of their employment with the AGENCY

pursuant

_{to this contract or under the} provisions of

tht uuor coie,'$ie _so.iut

_{security Act,}

and all other laws, rules and regulations _now in force or which hereafter maybe enacted.

8'3 in the

event

that the Bulsu it 5fl:l-9ed ^{in any}

^action

^or

^case,

^{the Butsu} shall

be authorized

to withhold from the

AGENCY's

colleiti'or.

accounts

such amount as

would reasonably approximate the claims

ollgnitor:s

againsi the

AGENcy.

The said amount _shall

Sligi:

for judsments asainst the

AGENcv in iase tn" ,.r. is

tevied

orLxecuted

against ARTICLE

9.

EFFECTIVITY

9'1

ThisJanitorial

servicecontractshall beeffectiveforaperiodoftwelve(12)monthsfrom January L ^{2a22 to}

^December

31, 2022 .no

ir

* noii."

or terminaiion is received by the AGENCY upon

the

lapse

of the

said twelve

(rz)

monins

period, this contract is

deemed renewed on a monthly _basis but not

to

exceed ari aggrigate period of six

(6)

months _{as per} GPPB Resolution

No'

003-2005

dated r1

March

irido,iuoiect _{to the}

_resutt

_{of the}

_actual

peformance

evaluation and

the

issuance

of

certificate

of

satisfactory performance

by

the

Bulsu

and subject to the availability _qr runJs

;Jil;;;quirements

_{of retevant taws.}

9'2

Notwithstanding any provision to _the contrary, the

auisu

shall have the right to terminate

or

rescind this contract for _cause or for. any

vtolition ovinl-aeENcy;i;;y

provision of this contract without the need of judicial intervention ov

giui;g at

least

thirty (30)

calendar days written notice which shail _{be finar} and binding on ootn"

prrti"r.

9'3 within thirty (30)

days

after

termination

or

rescission

of this

contract,

the

^parties _shall settle their respective accountabilities as of the oate orteirnin_ation or rescission, including the refund

of anv and all

advances made, prus iegai

intii.st _{from the} a;ie;i

receipt

of

the F&

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4

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,;

=

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5 € u

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(9 tut

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amount/s so advanced.

In

case of disagreement as

to

the accountabilities, the dispute shall be submitted

to

cour-t for adjudication.

ARTICLE 10. XNSPECTION

10'1

The BUISU

or its duly

authorized representative

shall

have

the right to

inspect the personnel assigned

by the

AGENCY

at any time in order to

determin"e

tne qujtity

anJ acceptability _of the service being pedormed _{bv ttre} janitorial personnel. A service vehicle with driver shall be provided _by the AGENCY for inspection and

.ri,erg"ncy purpor.ilo,.rA[o;;;.

ARTICLE 11. ORIENTATION AND SEMINAR

11'1 The AGENCY shall, in accordance with the BuISU requirements, _conduct orientation and seminar,

or

refresher courses

for the

personnel assigned

in the

Univeisity, every

six

(6) months, or as often may be deemed necessary by both parties.

ARTICLE

12.

LOSSES AND DAMAGES

LZ.L

The AGENCY shall _assume

full

responsibility for any loss

or

damage which

the

BuISU may suffer, during duty hours of the assigned personnel oi the AGENCY f,rovided that

it

shall have been established after due investigation, that said loss or damage was principally _{due to} the negligence or fault of the janitorial _personnel.

ARTICLE 13. MISCELLANEOUS PROVISIONS

13.1

Should

the

BuISU _be constrained

to

resort

to

court action in order

to

^protect its rights and interest hereunder,

the

AGENCY shall ^pay

the

BuISU an amount equivalent

to tw[nty

p.ergent

(20%)

of

the total

sum claimed

in the

complaint, as and

nv

wav

of

attorney,s

ieei

shall

in

no case be less than TWENTY THoUSAND PESos

(p20,000.00). vunre

of any court actions shall be in the City of Malolos, Bulacan,

13'2

Failure of the ButSU at any time

to

enforce or demand performance of any or al! of the terms and conditions of

this

Contract and other related instruments

of

contracts shall

in

no walz be construed as a waiver of such terms and conditions, _{and shall} not affect the validity or enforceability thereof or

the

right of

the

BuISU

to

subsequently enforce

or

demand of such terms and conditions.

13,3 ,Any amendment, alterations,

or

rnodification

of this

Contract shall

not be valid

and binding unless and until made in writing and signed by the par[ies _hereto.

13.4 The AGENCY

shall not

sub-contract, assign

or transfer any or all of his rights

and obligations hereunder to any

third

^party without

ihe

^prior written consent of

the

BulSU.

13.5 The Contract of Agreement, supplemental Bid Bulletins and related bid documents shall form part of this

Contract. In

case of conflict between

the

bid documents and the Contraii, the provision of the Contract shall prevail.

ARTICLE

14,

RESOLUTION OF CONFLICTS

14.1 In

the event of any conflict arising from the Janitorial Service Contract between the BUISU and the AGENCY,

the

parties shali endeavor

to

settle their conflicts amicably, failing which, the same shall be submitted to arbitration

orto

a court of competeni jurisdiction,

ARTICLE

15.

MISCELLANEOUS

Any revision, modification or variation _on any of the terms and conditions agreed upon in this contract shall be reduced

to

writing in order

to

bind the parties

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Page 9 of 10

fN

WITITESS

whereof,

the parties hereto have caused this Agreement to be exeeuted in accordance with

the

laws

of the

Republic of

the

Philippines CIn

the

day and year

first

above written.

BULACAN STATE UNIVERSITY SWARM RESOURCES CORPORATION

t-1

@-

cEcrLrA

N. GASCON, Ph.D.

President, BulSU CEA

/

^President

SIGNED IN THE PRESENCE OF:

Vice President for, and Finance

Ms. MA. BELEN

F*nds Available:

or. "=rfui u.Tr*oruEuos

Auountant

IV, BUISU Accaunting Office ACKNOWLEDGMENT

REPUBLIC OF THE PHILTPPINES f4nr-st0s ry?*f BuLAcIln _{) 5.S.}

)

BEFORE ME, Fublic fcr and in the Province/City of

-+=EB ,0 4

?02?

,2022,

personally _{came and} appeared:

DR. CECiLIA N. GASCON B.S-U.

I.D,#

2ff15-0286 City of Malolos, Bulacan

/

August 30. 2015 MS. MA. BELEN D. GIMAFEUX

Known

to me and known to ^be the same

^persons

whe

executed

the

foregoing instrument and acknowledged

to

me

that

sarne is the free, and voluntary act and deed of the entities which they respectively represent,

The foregoing instrument is an AGREEMENT consisting of ten

(10)

pages (exclusive of attachments), including this ^page on which this acknowtedgment is written and signed by the paffiie$ hereto and their instrument witnesses on the teft-hand

hereof,' '.

of each arid eye!y ^page

WITNESS MY HAND AND SEAL on the date and

ATTY.T'IAFIA ^d.

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