skilled workers and other support services agreement final2

8/11/2019 Skilled Workers and Other Support Services Agreement Final2

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SKILLED WORKERS AND OTHER SUPPORT SERVICES AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This contract is made and executed by and between:

DAVAO DOCTORS HOSPITAL (CLINICA HILARIO), INC., a corporation duly

organized and existing under and by virtue of laws of the Philippines with principal office at E.

Quirino Avenue, Davao City, represented by Mr. RAYMUND CS DEL VAL, President and CEO,

hereinafter referred to as the CLIENT/HOSPITAL;

-and-JARC MANPOWER AND ALLIED SERVICES, an entity duly organized and

existing under and by virtue of laws of the Philippines, with office address at 22-2 Rizal Street,

Brgy. 3-A, Davao City, represented by Ms. JOSEPHINE T. ANDRES, its Manager, hereinafter

known as the CONTRACTOR;

WITNESSETH THAT

WHEREAS, the CONTRACTOR is licensed to operate a manpower maintenance and

allied services and has adequate workers and substantial capital in the form of tools,

equipments, machineries and materials which are necessary in the conduct of business;

WHEREAS, the CONTRACTOR has offered to provide manpower maintenance and

allied services to the HOSPITAL at its hospital building at the above-mentioned address;

WHEREAS, the HOSPITAL has accepted the offer of the CONTRACTOR subject to

terms and condition hereinafter set forth;

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

mutual promises, covenants and undertakings herein stipulated, the parties herein have agreed

as follows:

1. SCOPE OF SERVICESThe CONTRACTOR shall undertake the performance oftheir manpower and allied services on all buildings and offices and public areas of

the HOSPITAL, which shall in obstructions and performing such other manpower

works, maintenance, janitorial and other similar services as may be required by the

HOSPITAL.

2. CONSIDERATIONIn consideration of the foregoing services, the HOSPITAL

shall pay the contractor the sum of ________________________ per month for


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every hired manpower, the amount shall be paid semi-monthly, every 15 thand end

of the month, inclusive of VAT. However, should there be any wage increase

mandated hereafter, the HOSPITAL agrees to make the corresponding adjustments

in the above rate. (See Annex A for cost breakdown)

3. CONTRACTORS CONTROL AND SUPERVISIONBeing and independent

contractor, the CONTRACTOR shall perform the services subject hereof according to

its own manner and method, free from control and direction from the HOSPITAL,

except as to the result thereof if shall likewise solely determine the workers to be

assigned to the HOSPITAL to perform the work subject matter of the contract, and

shall exercise exclusive control and supervision over said employees. However, for

the purpose of this agreement, no employee of the CONTRACTOR shall be assigned

at the HOSPITAL for a continuous period of more than five (5) months. Likewise, all

employees assigned at contract, the CONTRACTOR shall also be responsible for any

injury or damages suffered by ay of its employees I the performance of the services

herein contracted.

4. CONTRACTORS LIABILITY FORMALFEASANCE / MISFEASANCE/

NEGLIGENCE OF ITS EMPLOYEES OR REPRESENTATIVESThe

CONTRACTOR shall be responsible for the damages and injuries suffered by the

HOSPITAL, its employees or third parties, resulting from malfeasance, misfeasance

or negligence committed by any worker or representatives in the performance of his

work under this agreement. In addition, the CONTRACTOR shall immediately

replace any worker guilty of such malfeasance, misfeasance or negligence upon

receipt of written request from the HOSPITAL should the HOSPITAL be sued for the

damages or injuries caused by any employee or representatives of the

CONTRACTOR, the latter shall, at its own expense, defend the HOSPITAL against

such action. The CONTRACTOR shall also reimburse the HOSPITAL from any and allexpenses that the latter may incur in connection with or as result of such claim or

lawsuit.

5. WARRANTIES AND UNDERTAKINGSThe COINTRACTOR agrees and

undertakes the following:

a. To comply with all the requirements of the law, local ordinance and pertinent

rules and regulations governing job contracting;

b. To submit satisfactory proof to the HOSPITAL that it has registered its workers,

employees assigned to perform the work and services herein required with the

Social Security System, PHIC, Pag-ibig Fund contribution and other appropriateagencies for the purpose of the Labor Code as well as the laws, rules and

regulations;

c. To pay the wages and salaries and other benefits of its workers, employees and

other personnel in accordance with the provisions of the Labor Code and other

applicable laws ,decrees, rules an d regulations promulgated by competent

authority;


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d. To assign such number of manpower, upon agreement with the HOSPITAL to

effectively render work and services herein undertaken. Such employees of the

CONTRACTOR shall be properly attired and provided by the latter with

corresponding uniforms and identification cards. The CONTRACTOR warrants that

they are properly trained and thoroughly screened its employees prior to their

employment and that have been required to present favourable clearances andmedical certificates attesting to their probity and physical fitness for the work

involved.

e. To submit to the HOSPITAL Monthly inventory of all the staffs of the

CONTRACTOR.

f. Any injuries sustained by the employees of the CONTRACTOR in the performance

of their duties shall be the sole liability of the CONTRACTOR.

7. PRESENCE OF HAZARDOUS MATERIALS - The CONTRACTOR acknowledges

that the CLIENT stores and uses hazardous materials throughout its facilities. The

CONTRACTOR assumes the risk of harm to its employees, their property or the

property of its employees resulting from contact with hazardous materials while such

employees or their property are on the CLIENTS premises.

8. CAPACITY OF CONTRACTOR TO CARRY OUT THE CONTRACT - The

CONTRACTOR guarantees that it has the net financial contracting capacity equivalent

to the total cost of this agreement as defined and computed under Department

Order No. 18-A, series of 2011:

K = 10 (Contract duration equivalent of one year or less)

Net Financial Contracting Capacity = NFCC

NFCC = [current assets minus current liabilities multiplied by K] minus value of

all outstanding or ongoing projects including contracts to be started.

9. COMPLIANCE WITH LAWS

9.1 The CONTRACTOR shall conform with and be in full compliance with all

applicable laws, rules, ordinances and regulations on job contracting adopted or

required by the state or local government.

9.2 The CONTRACTOR shall comply with and be solely and entirely responsible

for the requirements of Department Order No. 18-A on service incentive leave,

rest days, special holiday pay, overtime pay, 13th month pay, separation pay,

cost of living allowance, retirement benefits, contributions for remittance of SSS,


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PhilHealth, ECC, Pagibig contributions and other labor standards rights and

obligations.

9.3 The CONTRACTOR shall submit satisfactory proof to the CLIENT that it has

registered its workers/employees assigned to perform the work and services

herein required with the Social Security System, PHIC, HDMF and otherappropriate agencies for the purpose of the Labor Code as well as the laws, rules

and regulations.

9.4 The CONTRACTOR shall directly remit monthly, the employers share and

employees contribution to the SSS, ECC, Philhealth and HDMF.

9.5 The CONTRACTOR shall pay the wages and salaries and other benefits of

its workers, employees and other personnel in accordance with the provisions of

the Labor Code and other applicable laws, decrees, rules and regulations

promulgated by competent authority.

9.6 It is mutually agreed that no person below eighteen (18) years of age shall

be employed by the CONTRACTOR.

10.PERFORMANCE BONDThe CONTRACTOR shall submit a

Performance/Surety Bond in the amount equivalent to the total agreed contract

cost to answer for the wages due to the workers. The Performance/Surety Bond

may be in the form of Cash, Certified Check, Cashiers/ Managers Check, Bank

Draft/ Guarantee by a Universal or Commercial Bank or Insurance Policies. The

CONTRACTOR shall renew the bond every year.

11. OPTION TO RESCIND - It is mutually understood and agreed between

the parties herein that should any party breach the terms of this agreement, or

should the services of the CONTRACTORbe unsatisfactory, the aggrieved party

shall have the right to terminate this agreement by giving the other party a

written notice at least (30) days before the effective date of termination. A party

may also unilaterally terminate the contract by serving notice to the other party

in writing at least sixty (60) days before the effectivity thereof.

12. EFFECTIVITY - This agreement shall be effective on _________________

and shall be terminated at the discretion of the CLIENT, provided that a written

notice at least thirty (30) days before the date termination.

13. CONFIDENTIALITY - In the course of the performance of their functions,CONTRACTORs personnel may inadvertently or intentionally acquire knowledge


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of patients data. Nevertheless, as a service provider of DDH, personnel of theCONTRACTOR is strictly prohibited to divulge all identifiable information about apatient's health status, medical condition, diagnosis, prognosis and treatmentand all other information of a personal kind must be kept confidential. In theevent of breach of this confidentiality, CONTRACTOR and/or the personnel maybe held liable, as the case maybe.

A mutual reciprocal confidentiality agreement shall be fully enforced betweenDDH and CONTRACTOR. Thus, information provided and exchanged shall beconstrued as STRICTLY CONFIDENTIAL unless explicitly stated in writing and/orordered by authorities under a valid and legal edict.

14. WAIVERThe failure of any of the agreeing party to insist upon the strictperformance of any of the terms and conditions shall not be deemed asrelinquishment or waiver of any right or remedy that said party may have; nor

shall it be construed as a waiver of any subsequent breach or default of theterms and conditions which shall continue to be in full force and effect. Nowaiver by any agreeing party of any of the rights under this agreement shall bedeemed to have been made unless expressed in writing and signed by allagreeing parties.

IN WITNESS WHEREOF, the parties hereto have set their hands this

_________________ at Davao City.

JARC MANPOWER and ALLIED SERVICES DAVAO DOCTORS

HOSPITAL

(CLINICA HILARIO), INC.

By:

By:

JOSEPHINE T. ANDRES RAYMUND CS DEL VAL

General Manager President & CEO

Signed in the presence of:

____________________ ______________________

MIRASOL B. TIU MARIGOLD O. NACUA


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ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)DAVAO CITY )SS.

BEFORE ME, a Notary Public, for and in __________________________ on this

___________________, personally appeared the following:

NAME VALID ID No. DATE & PLACE OF ISSUE

_____________________ _____________________ ___________________

_____________________ _____________________

____________________

Both of whom are known to me as the same persons who executed the foregoing agreement,

and they acknowledged to me that they signed and executed the same as free and voluntaryact and deed as well as that of the company herein represented.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at

Davao City, Philippines, on this ________________.

Doc. No. _______

Page No. _______

Book No. _______

Series of 2014.


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skilled workers and other support services agreement final2

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