z PROJECT: RE-NEGOTIATED PROCUREMENT FOR THE PROVISION OF ]ANITORIAL SERVICES FOR STATE UNIVERSITY MAIN AND EXTERNAL Io - ta CAMPUS (, CONTRACT NO: G-2O19-O2 (INCOME FUND >s i $ CONTRACT OF AGREEMENT trto l-, E a KNOW ALt MEN BY THOSE PRESENTS:

THIS AGREEMENT is entered into this day of July 2O2O between the BULACAN STATE UNMRSITY, Guinhawa, City of ,- Bulacan 3000 of the represented o by Dr. CECILIA N. GASCON, President (hereinafter called "BulSU) and STARCOM th MANPOWER & ALLIED SERVICES, INC. represented by Mr, CIIRMELO T. AYSON, President and CEO, with the principal address at 133 15th Avenue, Cubao. City Fi *AGENCY") Quezon o {hereinafter called of the other part: trl WHEREAS, the Entity invited Bids for certain goods/services viz,, RE-NEGOTIATED PROCUREMEHT FOR THE PROVISIOH OF JAHITORIAL SERVICES FOR EULACAN e STATE UTTIVERSXTY - MAIN ANP EXTERNAL CAMPUS (G-2019-02) and the BULACAN E STATE UNIVERSITY has accepted the Bid amounting to SEVENTEEN MILLION NINE HUNDRED SEVENTY THOUSAND FIFTY.SEVEN PESOS AND 5Ol1OO (php L7,970$57.60) for Janitorial Services for a term of twelve (12) rnonths, hereinafter called ("the Contract Pricef ;

WHEREAS, in line with this needed services, an Invitation to Bid (ITB) was posted in the PHILGEPS, BuISU website and in conspicuous bulletin boards on November 1g, 2019;

WHEREAS, the Pre-Negotiation was conducted on November ?2, ZeLg;

WHEREAS, the submission and opening of bids was held on December 5, 201g and the AGENCY'S bid was found to be the Lowest Calculated Bid in the amount of SEVEHTEEN MTLLION NrNE HUNDRED SEVENTY THOUSAND FrFTY-SEVEN PESOS AHD 601100 (Php L7tg7O,O57'6O) and after the conduct of post qualification was declared to be the Lowest Calculated and Responsive Bid (LCRB) in accordance with Republic Act (RA) No. 9184 a and its implementing R.ules and Regulations Part A (IRRA); o. ,t WHEREAS, as a measure of guarantee for the faithful performance of and compliance IJ E, with his obligations under this contract, the AGENCV posted Performance Security in the form zo of Performance Bond issued by Commonwealth Insurance Company amounting to Five Million Three Hundred Ninety-One Thousand Seventeen Pesos and zSllOO-(Php z 5r391'O17,2S) which is Thirty Percent (30o/o) of the contract price as specified in the Bidding .ll Documents. o o UI NOW THIS AGREEMENT 1AIITNESSESTH AS FOLLOWS:

1. In this Agreement, the words and expressions shall have the same meanings as are respectively assigned to them in the General Conditions of this Agreement/Contract.

v, 2. The following documents o shall have deemed to form and be read and construed as part 2 of this Agreement, viz: ut ) {a) The Bids Form and the Price Schedule submitted by the Bidder co (b) the Schedule of Requirements g (c) the Terms of Reference (d) the $upplements to the Bid Documents; \ d= and lrt (e) the Entity's Notification Award; tS F o 3. In consideration of the payments to be made by the BuISU to the AGENCY as hereinafter \ J UJ mentioned, the AGENCY hereby covenants with the BuISU to provide the goods and c services and to remedy defects therein in conformity in all respects with the provisions a of the Contract.

Page LofL0 z pay AGENCY in consideration of the provision of o 4. The BuISU hereby covenants to the L) the goods and services and the remedying of defects therein, the Contract Price or such v, at the time and (, other sum as may become payable unAeitfre provisions of the contract prescribed by the contract. d, in the manner in consideration Of the above foregoing premises, the u NOW, THEREFORE, for and lrl parties agreed as follows: {J have mutually tr 6 ARTICLE I AREAS COVERED

1.1The areas referred herein to be provided with janitorial services are described as follows: z a. BuISU Campuses - Main Campus (City of Malolos, Bulacan); Bustos Campus ao (Poblacion, Bustos, Bulacan); Meneses Campus (Matungao, Bulakan, Bulacan); Sarmiento Campus (City of , Bulacan); Hagonoy Campus (Iba- o Carillo, Hagonoy, Bulacan) ul E &, b. The AGENCY shall provide janitorial, sanitation in compliance to the guidelines issued {J by the appropriate government agencies and related services within the premises of E the BulSU. The premises shall include the common areas of the building, such as but not limited to, classrooms, offices, conference rooms, comfort rooms/ hallways, corridors, lighting fixtures, furniture as well the premises outside the building such as pavements and landscaping.

2 t^ ARTICLE a {t, CONTRACT V\IORK I 5 Janitorial, sanitation and related services shall consist of the following schedules

2. 1 DArLY SCH EDULE/OPERATTONS: o 4uo 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; o c. Dusting and cleaning of horizontal and vertical surfaces; d. Dusting and cleaning of glass tops, inside and outside windows, window ledges, air o- vents and partitions. furniture and fixtures; IA lrl Cleaning and polishing of hand rails, brass signs and trims; E e. o f. Reporting of malfunctioning plumbing and lighting fixtures, damaged furniture, z parts of building, etc.; z V . Cleaning of ash trays and trash receptacles; ? t1 h . Vacuum cleaning of rugs and carpets; rr i. Disposal of trash, rubbish and garbagefrom the building to receptacles provided for o Lrl the purpose; F j. Sweeping of driveways, parking areas and walkways; k. Watering of plants, cleaning and sweeping of all leaves along the roads and sidewalks; and a Trimming of plants and spraying of insecticide/pesticide. za l*l 2. 2 WEEKLY SCH EDULE/OPERATIONS f, io g a. Washing, scrubbing, waxing and polishing of all doors and floors; b. Washing of inside and outside glass windows and doors; d= c. Dusting of light fixtures suspended from the ceiling; tt d. Cleaning, waxing and polishing of office furniture and fixtures, counters, etc,, o excluding however, equipment requiring special maintenance; J e. Scrubbing and sanitizing of toilets and wash rooms; trI l& f. Washing and scrubbing of driveways, parking areas and walkways; d g. Movinglcutting laws/grass a of and disposal of leaves; h. Replanting and application of fertilizers, when necessary

Page 2of10 z o vlu (, 2.3 MONTH LY SCH EDULEIOPERATIONS S 2

s J o a. Thorough cleaning of all areas covered; l! gutters L) b. Inspection and cleaning of including reporting any damage thereto; E c, Cleaning of ceiling, including light diffusers, lamps, air-conditioning outlets, a venetian blinds, screen, etc d. Waxing and polishing wood furniture, rails, trim, etc.; e" Waxing and polishing marble walls; and f. Replacement of indoor plants, as necessary.

z ARTICLE 3 tl,o RESPONSIBILITIES OF THE AGENCY

t- 3.1 IANTTORTAL EQUTPMENT o lJ.t E The AGEI{CY shall provide the equipment necessary to undertake janitorial, sanitation d. and related services, such as, but not be limited to, floor polishers, grass cutters and mops. (J t BUISU may require the AGENCY to provide such equipment germane to or necessary E for the effective performance of its obligations upon notice to and ccnsultation with the AGENCY officials.

3.2 WORKING HOURS {t t6 go The AGENCY shall provide lanitorial services for eight (8) hours a day, Mondays to .= $undays covered by the Terms of Reference (TOR). The BUISU shall however, prescribe 3 the (/} time or schedule of work to be followed by the employees of the AGEHCY. No work shall be rendered or performed during legal and special public non-working days, unless required by BUISU with prior notice tCI the AGENCY.

3.3 COMPENSATION AND MANNER OF PAYMEHT

For and in consideration of the services rendered by the AGEHCY, the BUISU shall pay the AGEHCY in accordance with the amounts listed in ARTICLE 4. o Payment of the service rendered by the AGENCY shall be on a mcnthly reimbursement a- Monthly payments tll basis. shall be made only upan compliance of the requirements under lrJ payment d Secticn 3.3 of Article 3 of this contract. Said shall be paid in check within thirty (30) zo days after receipt of the billing statement by the BulSU. z The total amount to be paid by BUISU in favor of the AGENCY as payment of the service ? tn rendered through reimbursement basis shall be based on the actual number of janitorial 6 personnel assigned on a daily basis by the AGENCY based and taking into consideration the tuo existing needs of BulSU. l-

The statement of account shall be accompanied by:

1. A duplicate copy of the bank's certificate with the signature of the appropriate bank ovt officer showing confirmation that the amount debited was against the AGENCY'S account and thereafter credited account where lr,z to the stated therein. In case payment is through modes other than ATM, a certified true copy af the signed co payroll duly noted by the University Cashier shall be submitted as proof that the t janitorial personnel paid z salaries due to the had already been hy the AGENCY; si 2. An executive summary covering the following: {vt (Jh a Name of janitors; l4I b Actual number of hours in a daylshift rendered; t! c Number of days rendered for the period; u, 6 d In cases of absences, t0 show nsme of reliever, if any, end number of hours/days(s) involved; and,

P a ge 3of10 e. The amount paid in janitor for the period. z lJo janitors ta 3. The daily time records for the previous billing period duly certified by (, the concerned officer of the Agency and noted by BulSU. i 4. A certification under oath by the AGENCY that alljanitors assigned to the BuISU r J have been paid their wages for the period o claimed in accordance with relevant Wage Orders IrJ and Mandatory benefits such as 5SS, Medicare, etc. U G, a The AGENCY shall ensure that all deductions made from the salaries of janitors plus the corresponding employer's (AGENCY) share of SSS, Philhealth and PAG-IBIG shall be remitted to the respective offices on a monthly basis.

z The BUISU reserves the right to verify the actual wages being paid to the janitors. All o payments under this contract shall be subject to the usual accounting and auditing rules of llt the government. tj o The AGENCY shall pay all personnel costs under this contract trl a. Wages, salaries and wage adjustments, =E, if any: premiums U b. Social Security and insurance required by law; a, c, Any rernunerations required by law; E 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 BulSU.

The AGENCY shall not, during the period of this Contract or anytime thereafter. use or UI person v, disclose to any or entity. any and all information, derogatory or otherwise, concerning o, the affairs and activities of the Bul$U which the members of the janitorial force of the herein AGENCY may have acquired by reason of his assignment to the premises of BulSU.

_o (J The AGENCY guarantees absolute non-occurrence of any form of mass action, protest, o mass leave, or strike by its janitorial personnel within BuISU premises. uo 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 proper and efficient performance of duties by the janitorial personnel employed by it. a The AGENCY shall assume full responsibitity to restitute or pay the BuISU for any loss o- a or damage which the BUISU may suffer during the assigned hours of janitorial personnel u.l provided that it shall have been established due investigation BuISU G, after by the and the a AGENCY and an independent party who shall be jointly appointed Z by the BUISU and the AGENCY, that said loss or damage was principally due to the negligence or fault of the z janitorial personnel. 1 rt

E) ARTICLE 4 lIIo 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 pay the AGENCY the v, janitorial o following monthly rate per personnel, to wit; lrlz 3 COST DISTRIBUTION FOR THE 1 !o CONTRACT ( 4 + E A. AMOUNT DIRECTLY TO: JANITORS SUPERVISORS $ q, Wage 0rder RB III-21 t, New Daily Wage (DW) P 420.00 P 500.00 \ o J Ave. Pay/Month (DW x no. of days 261 per year/ 12) P 8,700.00 P 10,875.00 IJJ t& d, 13th month pay (DW x 26L/ LZ / tZ) F 7?5.OO F 906.25 ct Service Incentive Leave (DW x 5 i12) P 166.66 F 208.33

Page 4ofL0 TATAL AMAUNT TA JANITOR AND P 9,591,66 P 11,989.58 SUPERVTSORS:

B. AMOUNT TO GOVERNMENT IN FAVOR OF ]ANITORS AND SUPERVISORS 2 Based on standard fixed law IJo g, SSS premium P 730.00 P 890.00 (.' PhilHealth contri bution P 137.50 P 149.53 i Pag-ibig Fund P 100.00 P 100.00 C. TOTAL COMPENSATION (J uUI P 10,559.15 P 13,129.11 d D. OVERTIME 73 fanitors o P 3,650,00 0.00 E. ADMINISTRATIVE EXPENSES P L,42O.9t P 1,312.91 z F. TOTAL of D and iho P 15,630.07 P L4,442.O2 G.V E ADDED TAX A ri o P 1,875.61 F 1,733,04 ur H. TOTAL COST E VAT E, P 17,505.68 F 16,175.06 TJ I. CONTINGE a i P 0.00 F 0.00 J. NUMBER OF JANITORS AND SUPERVISORS 80 6 K. TOTAL PER MONTH F 1,400,454.44 P 97,050.36 L. TOTAL PERYEAR P 16,805,453.28 P L,164,644.32 M. TOTAL COST OF SUPpLIES AND CLEANING MATERIALS and COST/RENTAL OF CLEANING ENT MATE RrALS/SU ppLrES/C LEA NrN G QUANTITY AGENTS (Distribution of Material would be based quarterly) o j . Garbage Bag (Thk = 1.4 mil.) 47,576 tr- " Soft Broom 468 1n r Hard Broom 642 vtu a . Dust Pan 366 z r Powder Soap (1kg pack) 1,768 2 . Bleach (Lit.) 1,008 ? tl, r Bowl and Urinal Cleaner, Bactericidal (Lit.) 2,016 . Deodorant Cake 6 11,568 o r Muriatic Acid (Lit.) 792 FUI r Brush with Handle L,444 r Brush without Handle L,444 r Liquid Soap 408 1d . Toilet Pump 69 2o r Mop Head 2,922 ]trl . Mop Handle 346 la . Scouring Pad (5 pcs/pack) 2LZ t e Door Mat L,212 I . Cob Web Duster 264 =(, r Air Freshener 372 tt r Liquid Glass Cleaner L92 o . Glass Squeegee L4 J Rag (per pc.) trl r Cotton 95 lJ- . Duster 744 E, o r Steel Wool 1,596

Page 5otL0 CLEANING EQUIPMENT (Should be available anytime) . Grass Cutter (Mower) z o . Ladder (A-Type and Extension Type) v,u o Grass Scissor rJ, . Garden Hose i. . Floor Polisher Y) r Bugg! J . u Liquid Soap Dispenser IIl o Trash Bin U d . Portable Chain Saw a . Itak (Gulok) r Power Spray including Accessories r Gardening Tools (Shovel, Rake, Trowel) . Nylon Rope z o r Plastic Bucket tn r Garden Scissor Hand Pruner

F o The above-stated compensation includes the following: IrI E Total contract price shall be SEVEHTEEilI IIIILLION NINE HUNDRED SEVENTY (J THOUSAHD FIFTY-SEVEN PESOS AND 60/1OO (Php t7tg7A,OS7.GO) E E 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 departmentloffices 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 shali 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 o allowed to report to their assigned post. 4. The service personnel assigned at the Procuring Agency must have been well- IL screened, trained and found to be courteous, efficient, honest, reliable, r/i UI trustworthy, cooperative, well-grcomed, physically E and mentally fit. za 5. The AGENCY may be required to have its service personnel retrained at its own expense by an accredited Training Institute. z 6. The AGENCY shall have reliever/s for the BUISU available at any time to take ? lrt over in case some regular service personnel are absent at no extra cost to the oc} BulSU. In no case shall the service be sub-contracted. No trainees shall be trl allowed as a reliever even if they are allowed and identified as such. 7, The BUISU shall not reshuffle personnel withcut the prior clearance / approval of the Head of the Agency which hereby reserves the right to reject any ll^ proposal to reassign personnel if such reassignment is found tc pose an lo imminent danger prejudice lr!lz or to the seruice, It is however understood that on IroI= matters of disciplinary action towards the personnel of the AGENCY, the End- lEI< user shall cooperate with the AGENCY or vice versa by means of mutual t- consultation. sll= lci L The AGENCY shall consider and prioritize hiring janitors currently employed in Nl- ra the University upon recommendation of the Management based on the result tl-t< Nt\(J of the performance evaluation. The AGENCY shall give written notice to the IJ End-user whenever any personnel I rrr of the service are to be replaced or ILL removed. The number of janitors/janitresses required in Contract maybe lulr the cr revised in accordance with the needs of the BulSU.

Page 6of10 z Io 9. The employees of the AGENCY are not employees of the BulSU. There is no {a employer-employee relationship between BuISU AGENCY. (, the and the Consequently, the BUISU z shall deal exclusively and directly with the AGENCY or its duly authorized representative in all matters regarding the Contract, -t 10.The AGENCY shall immediately upon receipt of request and verification ulo personnel I replace, any service who may be found and considered undesirable tr and incompetent by the End-user. The AGENCY, however, shall abide by the cl 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. z o 12.The AGENCY shall assign specific personnel in the maintenance of comfort .rl rooms. 13.The AGENCY agrees to submit itself, its representatives and all its workers F o under it to security and safety rules and other pertinent regulations of the ut BuISU, E E 14.The AGENCY shall, upon representation by the BulSU, replace any janitor: L' e E a. Whose work performance, behavior and attitude falls below the standards 0f 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 biadata of all janitors deployed to the BulSU. Each biodata shall contain a recent photo, as well as the specimen signature of the janitor, th 16.Notify the janitors at the time of hiring as to the wages and working conditions i(, under which they are employed, which shall include, but not be limited c to, the o following: 0t 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 6 the existence of the contract, j lT.Provide each janitor with a copy of the manual operaticnslcompany rules a. and a regulations of the AGENCY on the following: lrt E, za a. Recruitment of personnel; z b. Salaries of personnel; ? vt c. Attendance/leave credits; o d, Performance standards; o Sanctions for violation(s) UI e. of company rules and regulations; f. Equipment and supplies; and, g. Duties/functions/responsibilities of personnel

ovl The AGENCY shall have primary and principal responsibility for the discipline of all its assigned janitors trtz under its employment,

c6 g ARTICLE 6 INDEMNITY E d ta 5.1 The *GEHCY shall hold the BUISU free and harmless from, and shall indemnify the BulSU liabilities E for any and all damages, Iosses, injuries, including death, due to the fault, t) negligence, act or omission, delay or conduct of the AGENCY and/or its janitorial personnel in luJ the performance of the AGENCY's undertakings and obligations under this Contract. o( o ARTICLE 7 REPRESEHTATION AN D WARRANTIES Page 7of10 7.L The AGENCY hereby represents and warrants that: z o has all requisite power, I a. It the authority and capacity to enter into this Contract and to v, perform its undertakings and obligations under the terms and conditions hereof. (, i b. The execution and performance of this contract does not and will not violate any provision of law, ordinance, executive order or administrative order or decree of any court or government authority, or any provision of a contract, agreement, instrument lrltr I or transaction to which he is or will be a party. t rf c. It shall not bring any unreasonable or unfounded action or suit intended to stifle. to prevent delay, stop or otherwise interfere with the exercise by the BuISU of any of its z rights and privileges under the Contract. tno d. It has taken all the necessary and proper governmental and/or legal action, and F secured all necessary and proper approvals, clearances, permits and authorization for o the execution and performance of this Contract. trl E &, e. It has not given or promised to give any money, gift or benefit to any official or (J emplcyee of the BulSU to obtain/procure this Contract. G, f. It is a legitimate labor contractor and fully compliant to all labor and other laws.

ARTICLE 8 NO EMPLOYER.EMPLOYEE RELATIONSHIP

8.1 It is hereby agreed and understood that the AGENCY is and shall remain an independent AGENCY and there shall no employer-employee relationship between the BulSU, on one hand, and the AGENCY or its janitorial personnel , on the other hand. Hence, the BuISU shall not in any way be liable nor responsible for any personal injury, including death or damage to property sustained or cause to or any of the personnel of the AGENCY. The AGENCY shall at all-time be directly responsible and liable for the enforcement of, and compliance with all existing laws, rules and regulations, particularly with respect to any and all claims brought by its janitorial personnel under applicable labor and social legislation. a 8.2 The AGENCY shall hold the BuISU free from any liability arising from causes of action, o- or claims which may be filed by its personnel by reason of their employment with the AGENCY a pursuant provisions ut to this contract or under the of the Labor Code, the Social Security Act, E and all other laws, rules and regulations now in force or which hereafter maybe enacted. zc] 1 z 8.3 In the event that the BUISU is impleaded in any action or case/ the BUISU shall be tlt authorized to withhold from the AGEHCY's collectible accounts such amount as would reasonably approximate janitors a the clairns of against the AGENCY. The said amount shall o answer for judgments against the AGENCY in case the same is levied or executed against ut BulSU.

ARTICLE 9 EFFECTIVITY a 9.1. This period (12) zo lanitorial Service Contract shall be effective for a of twelve months from UJ July 16. 2O2O to July 15, 2021 and if no notice of termination is received by the AGENCY ao upon the lapse of the said twelve (12) months period, this Contract is deemed renewed on a d, monthly basis but not to exceed an aggregate period of six (6) months as per GPPB Resolution No. 003-2006 dated 11 March 20A6, subject to the result of the actual performance evaluation d= and the issuance of certificate of satisfactory performance by the EuISU and subject to the tl, availability of funds and the requirements of relevant laws. o J 9.2 Notwithstanding any provision to the contrary. the BuISU shall have the right to terminate tLlr.l or rescind this contract for cause or for any violation by the AGEHCY of any provision of this u contract without the need of judicial intervention by giving at least thirty (30) calendar days o written notice which shall be final and binding on both parties.

Page 8of10 .:

9.3 Within thirty (30) days after termination or rescission of this contract, the parties shall z settle their respective accountabilities as of the date of termination or rescission, including the refund of any and all advances made, plus legal interest from the date of receipt of the (Jo ql amount/s so advanced. In case of disagreement as to the accountabilities, the dispute shall (9 be submitted to court for adjudication. 2 ARTICLE 10 J E INSPECTION UJ E 10,1 The BUISU or its duly authorized representative shall have the right to inspect the o personnel assigned by the AGENCY at any time in order to determine the quality and acceptability of the service being performed by the janitorial personnel. A service vehicle witlr driver shall be provided by the AGENCY for inspection and emergency purposes for 24 hours. z ARTICLE 11 vlo ORIENTATION AND SEMINAR

F 11.1 The AGENCY shall, in accordance with the BuISU requirements, conduct orientation and o seminar, or refresher courses for the personnel assigned in the University, every six (6) UJ months, or as often may be deemed necessary by both parties. d, (J ARTICLE 12 E, LOSSES AND DAMAGES

= 72.L The AGENCY shall assume full responsibility for any loss or damage which the BuISU may suffer, during duty hours of the assigned personnel of the AGENCY provided 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 MISCELLAN EOUS 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 twenty c (p percent (2Oo/o) of the total sum claimed in the complaint, as and by way of attorney's fees sho shall in no case be less than TWENry THOUSAND PESOS (P20,000.00), Venue of any court actions shall be in the City of Malolos, Bulacan.

73.2 Failure of the BuISU at any time to enforce or demand performance of any or all of the terms and conditions of this Contract and other related instruments of contracts shall in no a way be construed as a waiver of such terms and conditions, and shall not affect the validity or .c enforceability thereof o- or the right of the BuISU to subsequently enforce or demand of such tl terms and conditions. II 4 zo 13.3 Any amendment, alterations, or modification of this Contract shall not be valid and binding unless and until rnade in writing and signed by the parties hereto. z ttt t 73.4 The AGENCY shall not sub-contract, assign or transfer any or all of his rights ancl o obligations hereunder to any third party without the prior written consent of the BulSU. C) Flr.l 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 Contract, the provision of the Contract shall prevail, v) zo IJ ARTICLE 14 f ao RESOLUTION OF CONFLICTS E, 14.1 In the event of any conflict arising from the lanitorial Service Contract between the (,= BuISU and the AGENCY, the parties shall endeavor to settle their conflicts amicably, failing VI which, the same shall be submitted to arbitration or to a court of competent jurisdiction. F ARTICLE 15 U J MISCELLANEOUS Irl lJ- g, Any revision, modification or variation gn any 0f the terms and cOnditions agreed upon a in this contract shall be reduced to writing in order to bind the parties. Page 9of10 IN IAIITHESS whereof, the parties hereto have caused this Agreement to be executed in accordance with the laws of the Republic of the Philippines on the day and year first above written.

SIGNED, SEALED, AND DELIVERED BY:

BULACAN STATE UNIVERSITY STARCOM MAN & ALLIED SERVI INC. U, cEcrLrA N. GASCON, Ph.D. Mr. T. AYSON President, BUISU and CEA

SIGNED IN THE PRESENCE OF: q) TEODY SAN ANDRES, Ph. D BUISU's Witness Agency's Witness

Funds Availablel 7P'"/ --' DR. FELTCITAS G. MIRABUENOS Accountant IV, BUISU Accounting Office

ACKNOWLEDGMENT

REPUBLIC OF THE PHiLIPPINES Iru

BEFORE ME, a Notary Public for and i.athe Province/City of ,t ? { #L anZO ,2Q20, personally came and appeared: Name Presented I.D. Number Issued at/ Date

City of Malolos, Bulacan B.S.U. r.D.# 2015-0286 / DR. CECILIA N. GASCON August 30, 2015 MR. CARMELO T, AYSON Known to me and known to be the same persons who executed the foregoing instrument and acknowledged to me that same is the free and voluntary act and deed of the entities which they respectively represent.

The foregoing instrument is an AGREEMENT consisting of Seven (7) pages {exclusive of attachments), including this page on which this acknowledgment is written and signed by the parties hereto and their instrument witnesses on the left-hand margin of each and every page hereof.

WITNESS MY HAND AND SEAL on the date and place first above FS G. LEON Doc. Llq q Na. TAffiY Page No. PUB Ltc u Book No. SESEffiMMR 31 , ?CI?0 Series of A PTA e{S" itii);riil). i u ij 'Jij 'i .,'t *. MCLF I'$. AdrI.:Ottrre *f i-tlr,';,1i Registrar Suer,sn City lXalt #sffiFo$ntd, Q.c. Page 10of10