SERVICE CONTRACT

KNOWN ALL MEN BY THESE PRESENTS:

This CONTRACT made and entered into by and between:

SOUTHERN LEYTE ELECTRIC COOPERATIVE, INC. (SOLECO), a cooperative duly organized and existing under P.D. No. 269, as amended by P.D. No. 1645, with principal office in Brgy. Lamak, Hilongos, Leyte, herein represented by its General Manager, ENGR. JONATHAN EMPENO and hereinafter known as the COOPERATIVE,

-and-

GECELO L. CENIZA, Filipino, of legal age, married, a resident of Brgy. Libertad, Ormoc City, doing business under the name and style GB GENERAL SERVICES, and hereinafter known as the CONTRACTOR,

WITHNESSETH:

That WHEREAS, the COOPERATIVE is in need of the services of an independent job contractor who can provide to it electric disconnection services within its coverage area of jurisdiction;

That WHEREAS, the CONTRACTOR represents and warrants that he is a duly registered independent job contractor that can provide the services needed by the COOPERATIVE, and that he maintains an independent business of job contracting, with sufficient capital and investment in the form of tools, equipment, vehicles and office of his own, and necessary personnel to provide the COOPERATIVE the services needed;

NOW THEREFORE, for and in consideration of the foregoing premises, the COOPERATIVE hereby engages the CONTRACTOR to provide ELECTRIC DISCONNECTION services in the service area of the COOPERATIVE, and the CONTRACTOR hereby agrees to provide such services, under the following terms and conditions:

CONTRACTOR’S OBLIGATIONS:

(1) That the CONTRACTOR agrees to provide and furnish disconnection services to the COOPERATIVE by disconnecting the electric service connection of member consumers with past due accounts;

(2) That the disconnection shall be undertaken by the CONTRACTOR at the service entrance of the consumer and should follow the standard procedure set by SOLECO.

(3) That the disconnection shall be undertaken, with proper order from the COOPERATIVE through Service/Job Order or Service Memorandum covering the list of member-consumers with past due accounts, provided that:

a. Disconnections of service shall not be made on any weekday beyond 3:00 p.m., and on Saturday s, Sunday s, and official holidays.

b. One of the permanent occupants is sick and dependent on a life support system requiring electricity; Provided, that the member-consumer can present a medical certificate issued by a duly licensed physician or public health official certifying that the termination of electric service would be especially dangerous to the health of the said persons; and Provided, further, that the suspension of disconnection shall only be made during the dependency of the patient on the life support system which shall not exceed two (2) months such suspensions;

c. During funeral wake of a deceased permanent resident of the premises; Provided, that the member-consumer can present a duly certified copy of the death certificate of the deceased issued by the Local Civil Registry of the City or Municipality concerned; and Provided, further that the suspension of disconnection shall only be made during the period of he wake which shall not exceed one (1) month from the suspension or until the interment, whichever comes earlier.

(4) That the CONTRACTOR shall submit immediately after 3:00 p.m. of each day during weekdays the list/summary of disconnected consumers on a daily basis for the COOPERATIVE to update its records and closely monitor movement of member-consumers’ accounts and installations;

(5) That the CONTRACTOR shall desist from disconnecting any residential and BAPA member-consumer to pay his bill within twenty-four (24) hours pursuant to Article 21 of the Magna Carta for Residential Electric Consumers; however, he shall require the member-consumers to signify or make payment within twenty-four (24) hours thru signed statement bearing the date and time when the

disconnector arrived at the place acknowledging intention to pay, as such the CONTRACTOR shall be paid for such services rendered equivalent to 100% of the rate for residential and BAPA consumers stipulated in paragraph 2 of the heading “ OBLIGATIONS OF THE COOPERATIVE” hereunder provided;

(6) That the CONTRACTOR shall provide his personnel uniform and identification card to his personnel.

(7) That the CONTRACTOR shall provide the personnel

required by the COOPERATIVE from time to time. The selection or hiring, assignment, discharge and discipline of such personnel shall be under the absolute discretion and control of the CONTRACTOR.

(8) That the CONTRACTOR shall be responsible for the supervision and control of his personnel as regards the performance of the services herein contracted, regardless of the places where the personnel are performing their assigned work;

(9) That the CONTRACTOR shall strictly comply with all the laws, decrees, rules, and regulations required of independent job contractors and shall be responsible in securing his own business permits and licenses from the proper government offices and the continued registration of his business with the Department of Labor and Employment, Department of Trade and Industry and totghe LGU;

(10) That the CONTRACTOR shall, likewise, render the COOPERATIVE free and harmless from any claims of the personnel he has assigned to perform services to the COOPERATIVE, for personal injury sustained while at work or from claims of any person/s for damage to real or personal property resulting from the negligence of said personnel.

OBLIGATIONS OF THE COOPERATIVE:

1 The COOPERATIVE shall give the CONTRACTOR a list of member-consumers whose electric service shall be disconnected at about 4:30 p.m. of the day preceding the actual disconnection due.

2 The services rendered by the CONTRACTOR under this CONTRACT shall be paid by the COOPERATIVE in the amount of Eighty PESOS (P80.00) for every disconnected residential, commercial, public building, street lights BAPA consumers; and TWELVE PESOS (P12.00) for the delivery of notice for disconnection outside the City and SEVEN PESOS (P7.00) within the City with gasoline allowance of

THREE LITERS PER route and municipaity. All billings by the CONTRACTOR shall be made every first day of the week following the week when the disconnection services were undertaken.

OTHER TERMS AND CONDITIONS,PERIOD OF TERMINATION OF THIS CONTRACT:

1 The CONTRACTOR hereby warrants all the personnel assigned by him to perform the services herein contracted are his own employees and, consequently, it is hereby understood that between said personnel and the COOPERATIVE there exists no employer-employee relationship.

2 That this contract shall be for a period/term of one (1) year, commencing on _____________________and ending on ______________________, renewable after the expiration of the contract.

3. That any of the provisions of this contract may be amended In whole or in part as agreed by both parties.

4. That this contract and any renewal thereof may be terminated for any reason by either party at any time by serving upon the other party a written notice of at least thirty (30) days prior to the affectivity of the termination.

5. Any litigation arising from this contract shall be filed in the proper court to which the City of Maasin, So. Leyte belongs its territorial jurisdiction.

IN WITNESS WHEREOF, the parties have caused this contract to be signed this _____ day of _____________________, 20____ in Maasin City So. Leyte, Philippines.

SOUTHER LEYTE ELECTRIC COOPERATIVE, INC.Principal

By:

General Manager Contractor

Signed in the presence of:

1. _________________________ 2. _________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)PROVINCE OF LEYTE . . . . . . . ) S.S.City of Maasin . . . . . . . . . )

BEFORE ME, this ______ day of _________________, 2012____, personally appeared the following their respective Community Tax Certificates:

1 _____________________________________________________________________

2. _____________________________________________________________________

Both known to me to be the same persons who executed the foregoing instrument and they acknowledge to me that the same is their true and voluntary act and that of the entity that they represent.

This SERVICE CONTRACT consists of _____( ) pages. Each page bears the signatures of the parties and their witnesses.

WITNESS MY HAND and SEAL on the date and at the place above-stated.

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