Template / Example of Contract Deed for Security Guard & Security Services in Plant in Word / Doc /Pdf Format
DEED OF AGREEMENT
This Agreement made at Mumbai on this 20th day of August, 2013 between M/s ABC Security Services India Pvt. Ltd., represented by its Senior Vice President, Shri Narendra Modi having its Head Office at 15/1 Park Road Khapoli –458 457, hereinafter called the FIRST PARTY.
AND
M/s Rocket Sale Corporation Ltd., 15, N K Road Vashi – 458 455, having its Head Office at Nirmal Building 16th Floor,15/11 Nariman Point Mumbai 412 215 acting through its Senior Vice President, Shri Jai Lalita, hereinafter called the SECOND PARTY.
WHEREAS the First Party provides various services, like Watch and Ward Security of establishments against theft and pilferages, requisition of various entry and gate procedure, fire-fighting and safety against internal/external agitations, etc.
Contd…. P/2
: 2 :
WHEREAS the Second Party is desirous of utilising the services of M/s ABC Security Services India Pvt. Ltd (First Party) on job contract basis for making proper security arrangements in the Company’s factory/office/residential premises situated at Vashi, Navi Mumbai and WHEREAS on the requisition of the Second Party, First Party has agreed to provide services of their personnel on job contract basis for making effective and proper security arrangements in the office/factory premises/residential colonies of the Second Party, after the Second Party has accepted the offer of the First Party.
2. Now the Agreement witnesseth as follows
(i) In consideration of the payment hereinafter agreed to be made by the Second Party to the First Party, the First Party has agreed to provide the following services to the Second Party’s factory/office/residential premises at Vashi, Navi Mumbai.
(ii) Round the clock security arrangement of the entire premises of the factory/office and residential colonies so as to prevent entry of unauthorized persons pilferage of any property of the factory/offices, residential colonies, mischief, theft and for damage to any property and/or commission of any offence on the said premises.
(iii) Regulate entries of persons and personnel in the said premises.
(iv) To escort cash from any place to another, if so desired.
(v) To provide security to the executives of the Company.
(vi) The strategic points within and outside the factory premises where security personnel are to be deployed and the manner in which security arrangements are to be made shall be determined by the mutual consultation between the First Party and the Second Party.
(vii) Local standing orders/duty orders for the guidance of the Security Personnel have to be prescribed by the mutual consultation between the First Party and the Second Party.
(viii) Deviation from the duty so prescribed may be made only with the written orders of the Second Party.
Contd… P/3
: 3 :
OBLIGATIONS OF FIRST PARTY
3. The security personnel deployed must be employees of the First Party who are duly qualified and licensed to provide the Guarding Services and The First Party shall bear and be responsible for all statutory liabilities in respect of such employees of the First Party. The First Party shall maintain, and provide to the Second Party for inspection upon the Second Party’s request, complete employee records on such security personnel, including without limitation, records of their personal information, qualifications and licences.
4. The Second Party may, from time to time, require the First Party to submit all pre-employment screening records including the screening confirmation, employment history, copy of necessary registrations and certificates and bio-data for review and record. The First Party shall also, upon request from the Second Party, immediately carry out further background and security checks on the security personnel and shall submit the results of such checks to the Second party.
5. The Second Party shall have the right to require First Party to remove any security personnel or other employees of First Party that the Second Party reasonably considers to be undesirable or otherwise and similarly, First Party reserves the right to replace the security officer with prior written notice of no less than seven days to the Second Party, emergencies exempted.
6. The First Party shall insure its security personnel engaged in the performance of the Guarding Services against personal injury and death whilst performing their duties under this Agreement and all applicable laws and regulations.
7. The First party shall ensure that none of its employees use any Intellectual Property of the Second Party without the prior written consent of the Second Party.
8. The First Party in no case shall recruit and engage local personnel for providing security services.
LIABILITY OF FIRST PARTY
9. Subject to the Limit of Liability, First party shall indemnify and hold harmless the Second Party and its employees against any liability, claims, losses or damages sustained by it or them by reason of any breach of contract, wrongful act or negligence by First Party or any of its employees engaged in the provision of the Guarding Services to the Second Party.
Contd…. P/4
: 4 :
10. The First Party shall not be liable in any way whatsoever and the Second Party hereby expressly waives any right to, any loss, injury, damage, cost or expense of whatsoever nature directly or indirectly:
(i) resulting from or in connection with any Biological or Chemical Contamination or any Nuclear Risks;
(ii) consisting of, resulting from or in connection with any loss, damage, destruction, distortion, erasure, corruption or alteration of Electronic Data from any cause whatsoever (including but not limited to Computer Virus) unless such loss, damage, destruction, distortion, erasure, corruption or alteration of Electronic Data was due to an act or the negligence or default of the First Party’s security personnel.
11. The First Party shall not be liable in any way whatsoever and the Second Party hereby expressly waives any right to any loss, injury, damage, cost or expense:
(i) resulting from theft/loss (other than by the First Party’s security personnel) of any moveable goods such as Keys, Laptop Computers, Mobile Phones, CD Rom’s, Hard Disks, Organisers or any other similar goods which are not specifically handed over to the First Party in writing. .
(ii) resulting from events caused by the acts of the Second Party, its employees or agents.
12. (i) The Second Party has agreed to make the following payments to be First Party per month during the period of their job contract on the basis of the number of persons deployed as detailed below :
Sl. No | Particular | No. of heads | Rate Rs. per month | Total(Rs) | |
1 | Inspector | - | - | - | |
2 | Security Supervisor | - | - | - | |
3 | Armed Guard | - | - | - | |
4 | Guard | - | - | - | |
5 | Dog with Handler | - | - | per dog | - |
6 | Walky Talky | - | - | - | |
Total Heads | - heads | Total Rs. Per month | - | ||
(ii) The aforesaid charges are inclusive of supervision and inspection but Service Tax as applicable shall be payable extra to the First Party.
Contd… P/5
: 5 :
(iii) Payment to the First Party shall be subject to the deduction of Tax at Source as may be applicable as per the relevant laws.
(iv) The First Party shall make their own arrangements for weekly relievers, sickness/leave replacements etc. and ensure to provide optimum strength as mentioned in agreement Clause 12(i).
(v) Extra duties if performed/requisitioned shall be payable on pro-rata basis.
(vi) The quality/standard of men should be acceptable to Second Party and unfit/undesirable man if any will be changed by First Party within 3 days of being informed by the Second Party.
(vii) The Second Party shall be at its liberty to increase of reduce the man power to the extent of 25% by giving a two week notice to the First Party.
(viii) The Second Party shall provide the service of one Sweeper to clean the office and the living accommodation for First Party Staff.
(ix) The requirement of manpower shall be intimated by the Second Party with two weeks notice to the First Party to arrange deployment.
13. PERIOD OF CONTRACT
Initially, the period of contract shall be for one year with effect from the date of commencement of Security Services at the premises at Vashi, Navi Mumbai which is 1st September’2013 . The rates as agreed, shall be in force upto 31st August, 2014 and in between there will be no change under any circumstances. The period of contract shall however, be extended by renewing the agreement for another year or for such period as may be mutually agreed upon between the parties. It will, however, be the option of either of the parties to terminate the agreement by giving one month’s clear notice or payment of one month’s service charges. However, at the time of renewal of the agreement, suitable revision of the rates will be taken up and decided mutually but there would be no revision in rates before 31st August,2013 . Commencement of this agreement shall be effective from 6 A.M. on 1st September, 2013 .
Contd… P/6
: 6 :
14. MODE OF PAYMENT
The monthly bills would be submitted by the First Party to the competent authority authorized by the Management of the Second Party on the first day of the following month for payment latest by 10th of each month. All payments by First Party shall be paid to their Employees in presence of authorized representative of Second Party.
15. ADMINISTRATIVE CONTROL
The Security Personnel deployed by the First Party shall be under the administrative control of the General Manager (Commercial) or General Manager (Works) or any officer so authorized by the Management of the Second Party who has been duly and specifically designated by the competent authority of the Second Party, for the purpose of effective control over the personnel of First Party. It shall be the responsibility of Security Officer of the Second Party to get duties performed according to standing orders as approved by the competent authority Incharge of the Security of the Second Party or instructions given by him.
(i) The local standing orders/duty orders which shall be formulated in consultation and with approval of both the parties shall be strictly adhered to by the Security personnel in performance of duties and any deviation from the approved local orders/duty will be treated as a lapse on the part of the First Party.
(ii) However, supervising officers of First Party, will visit regularly to Vashi (Navi Mumbai) at least once a month on their own to inspect the working of their unit and to co-ordinate with the controlling officer of the Second Party. However, if Second Party at Vashi (Navi Mumbai)) requires the presence of a Senior Officer of the First Party, has first class on air fare to and fro plus as daily allowance equivalent of his salary per day as mentioned in Clause 3(i) of this agreement will be payable by the Second Party. But in all cases, visiting officers of the First Party whether they visit on their own for regular inspection of the Unit or on request of the Second Party for any specification work on discussion, will be treated as company guest by the Second Party and will be entitled to free board and lodge in the Guest House of the Second Party.
Contd… P/7
: 7 :
16. ACCOMMODATION
It shall be the responsibility of the Second Party to provide suitable accommodation for the security personnel in their factory/colony premises with one bed cot for each person. Besides, a suitable room for the security officers with bed cot, a working table, 2 chairs and one steel almirah for keeping guns and records shall also be provided. Apart from these facilities like bathing places, latrines, water, electricity, electrical fittings such as fans, bulbs lights, etc. to officers have also to be provided free of cost.
17. BINDING
(i) It shall be binding on the First Party that it does not directly or through its security personnel divulge the secrecy of the establishment of the Second Party anywhere and the security personnel will not intermingle with the persons of the Second Party unless otherwise specifically desired for collecting intelligence. Similarly, it shall be binding on the Second Party that they do not interfere directly into the internal administration of the First Party by way of punishment, direct reward or extra facility to the employees of the First Party except through the medium of the Security Officer/Assistant Security Officer or Unit Commander of the First Party.
(ii) The Second Party shall not take into their employment of any security personnel under the employment of the First Party or any discharged employees of the First Party for a period of 5 years from the date of his discharge from the service of the First Party.
(iii) The First Party shall provide adequate winter/summer and rainy season’s complete uniform at their cost to their personnel and ensure they are smartly turned-out, also provide equipments for proper discharging of duties like Lathis, Torches, etc. However, batteries for torches will be supplied by Second Party.
(iv) The First Party shall ensure that their personnel do not directly or indirectly involve themselves in Trade Union activities. Also the First Party shall ensure that their personnel when present on the premises of Second Party, they shall strictly comply with rules and regulations of the maintenance of discipline, safety and security and if any one violates the rules and regulations, action shall be taken by First Party as per recommendation of the Second Party.
Contd…. P/8
: 8 :
(v) It shall be the sole responsibility of First Party to meet, handle and settle all demands, claims, liabilities, complaints, grievances and disputes of employees engaged by them for the purpose of executing and administering all the contracted jobs.
18. COMPENSATION
The First Party shall be responsible for compliance of all legal aspects connected with the employment of its personnel in respect of their wages, insurance and welfare as per rules applicable.
19. LEGAL LIABILITIES
(i) In course of discharge of duty, if the security personnel of the First Party have to face any legal problem or legal proceedings, the First Party shall fight out the case in the best possible manner and make all necessary follow up with local administration and in the court of law. The Second Party shall provide all necessary help and support in the matter, as may be necessary.
(ii) In the course of any written specific assignment/entrustment to the personnel of the First Party, in case of any damage/loss is caused by their acts of commission or omission, the First Party shall after due joint enquiry be liable to reimburse the loss to Second Party subject to a maximum of two months billing amount per annum of service.
(iii) The statutory liabilities under the provisions including PF, EPF, ESI and Bonus, and any of Labour Laws prevalent shall be of the First Party in respect of their employees deployed at Rocket Sales Corporation Ltd., Vashi subject to this agreement and that the First Party shall produce relevant records as and when desired under the law.
(iv) The First Party shall release a certificate to Second Party in respect of wages paid to their employees deployed under this agreement as per provisions of laws.
Contd… P/9
: 9 :
20. ARBITRATION
Any difference or dispute arising out of or relating to this agreement will be referred to the Sole Arbitrator duly appointed by mutual consent of both parties. The arbitration proceeding will be regulated in accordance with the provision of Indian Arbitration Act and the Rules framed thereunder. The hearing before the Arbitrator shall exclusively in the jurisdiction of the courts having jurisdiction under provision of the law. All disputes between the parties under this agreement shall be subject to jurisdiction of Mumbai Court
Signature of the First Party Signature of the Second Party
Narendra Modi Jai Lalita
Sr. Vice President Sr. Vice President
ABC Security Services (India
WITNESS WITNESS
1. 1.
2. 2.
0 comments:
Post a Comment