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AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This AGREEMENT made and entered into by and between:
, a Corporation duly recognized under and by virtue of the laws of
the Republic of the Philippines with principal office address at Old
San Roque,Pili,Cam. Sur represented herein by its Managing
Director, ADONIS ATIENZA hereinafter referred to as CLIENT
- And PHILPOWER INTEGRATED SERVICES, CO. a company duly
organized and existing under and by virtue of Philippine laws, with
principal office address at Room 301 Topaz Building #99-101
Kamias Road Brgy. Malaya Quezon City, represented by its
President, MR. REXCEL S. LANOT, hereinafter referred to as the
CONTRACTOR.
WITNESSETH: That WHEREAS, the CONTRACTOR is an independent business entity engaged
in the business of providing DELIVERY RIDERS. With substantial and sufficient
capital and resources in the form of tools, equipment and necessary materials,
and has offered its Services to the CLIENT;
WHEREAS, the CLIENT has accepted the above-mentioned offer of the
CONTRACTOR;
NOW THEREFORE, for and in consideration of the foregoing premises and
the mutual covenants hereinafter stipulated, the parties agree as follows:
1.
Scope of Services The CONTRACTOR shall render Manpower
Services to the CLIENT. The CONTRACTOR shall assign Contract Personnel to
CLIENT to perform the services required by the CLIENT, as indicated in ANNEX
A hereto attached.
2.
Nature of Relationship It is understood that the Contract
Personnel assigned to the CLIENT are and shall remain employees of the
CONTRACTOR and that no employer-employee relationship exists or shall be
deemed to exist between the CLIENT and said Contract Personnel.
3. Selection and Engagement The CONTRACTOR shall assign to the
CLIENT competent, honest, carefully screened and trained Contract Personnel
taking into account the qualifications and specifications set by the CLIENT
contained in Annex B hereof. It is however understood that the selection and
engagement of the Contract Personnel remain the prerogative of the
CONTRACTOR.
4.
Term of Contract Personnel The CONTRACTOR shall assign
Contract Personnel to the CLIENT, for a period coterminous with this Agreement,
without prejudice to the right of the CLIENT to request the CONTRACTOR for the
replacement of any or all Contract Personnel assigned to the CLIENT.
5. Manner of Performance
a)

Performance Evaluation - The CONTRACTOR shall perform the

Services in the manner and according to the methods that it may
deem appropriate and necessary for the satisfaction of the
CLIENT, provided that the results thereof shall conform with the
reasonable standards and specifications prescribed by the
CLIENT which are made known to the CONTRACTOR. In this
connection, the CLIENT has the prerogative to conduct regular
evaluation or appraisal of the CONTRACTORS work performance
based on reasonable criteria and standards established by the

CLIENT.

The CONTRACTOR shall likewise exercise and conduct effective

supervision and control over Contract Personnel assigned to the CLIENT to
ensure that they properly and efficiently perform their duties and responsibilities
embraced in the Services subject of this Agreement.
7.
Work Schedule The Contract personnel assigned to the CLIENT
shall observe the work schedule provided by the CLIENTs stores to the
CONTRACTOR on a weekly basis.
8. Service Fee For and in consideration of the Contracted Services to
be rendered by the CONTRACTOR, the CLIENT shall pay the CONTRACTOR a
monthly service fee in the amount indicated in Annex F hereto attached.
The CONTRACTOR agrees to suffer a downtime penalty fee in the
event that it is unable to provide the services after a dispatch is made by
CLIENT,
DOWNTIME HOURS

AMOUNT OF PENALTY

1ST Hour

P 500.00

2nd Hour

P 1,000.00

3rd Hour (Maximum)

P 1,500.00 maximum

The penalties of the next preceding paragraph will not apply in the event
that performance of the services is rendered impossible or unfeasible, by any act
or regulation of public authority or bureau, act of God, civil tumult, epidemic,
interruption or delay of transportation services, war conditions or emergencies,
or any other cause not reasonably foreseeable and beyond the control of the
CONTRACTOR.
9.
Wage/Benefit Increase In the event additional fringe benefits
and/or increase in the minimum wage, the Service Fee mentioned in the
preceding paragraph shall be correspondingly increased, with notice to client
by such amount or percentage as may be prescribed by law and / or wage order.
10. Manner of Payment The payment of the Service Fee provided in
paragraph 8 hereof shall be made on a bi-monthly basis. The CLIENT shall pay
the CONTRACTOR within 15 days from receipt of the invoice without need for any
written or verbal demand.
11. Payment of Wages The CONTRACTOR shall be solely responsible
for the payment of wages, allowances and benefits of the Contract Personnel
and for the remittance of their SSS, Medicare and PAG-IBIG contributions. The
CONTRACTOR hereby undertakes that it shall comply with the pertinent laws,
rules and regulations governing the payment of minimum wage, benefits and
allowances and the relevant provisions of the Labor Code, Social Security Law
and Medicare Law.
12.

Liabilities The CONTRACTOR shall hold the CLIENT free from

any and all liabilities arising from claims of whatever nature including, but
not limited to, claims for unpaid wages benefits, and/or claims due to
sickness, accidents, injuries or death of any of the CONTRACTORs
employees assigned to the CLIENT.
-CONTRACTOR shall assume full responsibility and hereby agrees
and binds itself to indemnify the CLIENT, its subsidiaries and
affiliates for any claim, loss, damage, destruction and injury that
may be sustained by the CLIENT, its subsidiaries and affiliates or its
employees or any third parties, occurring within the premises,
attributable to the negligence, fault, unlawful act or misconduct of

the CONTRACTOR or its employees. Provided that such losses,

damages or injuries shall be reported to the CONTRACTOR within
seventy two (72) hours from the date of discovery thereof by the
CLIENT to enable the CONTRACTOR to investigate the matter.

13.
Uniforms, I.D.s Security Regulation The Contract Personnel
assigned to the CLIENT shall, at the expense of the CONTRACTOR, be provided
with appropriate identification cards and Clients standard uniforms to
identify them as the Contract Personnel assigned to the CLIENT.
14. CONTRACTORs undertaking The contractor undertakes, in addition
to its other obligations under this Agreement, to perform the following:
a. The CONTRACTOR should be registered as a contractor/subcontractor
with the Registry of contractors and subcontractors in the Regional
Office of the Department of Labor and Employment.
b. The CONTRACTOR must, during the effectively of this Agreement, on
the yearly anniversary of its registration, must submit a copy of its
registration to the Regional Office of the Department of Labor and
Employment.
c. The CONTRACTOR shall submit a copy of this Agreement to the
Regional Office of the Department of Labor and Employment, in
accordance with the requirements of the Labor Code and its
Implementing Rules.
d. The CONTRACTOR will comply with all the applicable provisions of the
Labor Code, and its Implementing Rules, as amended.
15. Non-Recruitment Clause The CLIENT shall not employ or absorb
into its work force under any arrangements any Contract Personnel of the
CONTRACTOR assigned to the CLIENT within six (6) months of their service with
the CLIENT, without the written consent of the CONTRACTOR. In the event the
CLIENT employs said Contract Personnel within six (6) months of their service
with the written consent of the CONTRACTOR, the CLIENT hereby agrees to pay
the CONTRACTOR a Recruitment Fee of 10% of the Total Income Package to be
received by the concerned Contract Personnel or a minimum of P5, 000.00. The
income Package includes basic pay, allowances, 13 th month pay and any other
benefits or allowances to be received by the absorbed Contract Personnel.
16. Non-Competition For the duration of this Contract, CONTRACTOR
may enter into any marketing agreement with other food delivery service
companies except those in direct competition with the CLIENT and its
subsidiaries unless written prior notice is given to CLIENT when CONTRACTOR
enters into agreement with other companies in direct computation to the CLIENT.
17. Confidentiality The parties acknowledge that in entering into this
Contract, each party may become private to certain trade secrets and other
confidential information crucial to the marketing and competitive edge of each
party. As such, the parties hereto agree to hold utmost strict confidence the
information, which have not been published or disclosed to the public, they may
encounter in the course of implementation and/or execution of the terms and
conditions of this Contract at the expiration of this Contract, the parties shall
deliver to each other each and every document and record of any kind that
contains or relates to the trade secret or strategy or any other confidential
information.
18.
Entire Contract This Contract sets forth the entire agreement
between the parties in respect of the subject matter hereof. This Contract shall
not be considered as changed, modified, altered or in any manner amended
unless such changes, modifications, alterations or amendments are made in
writing and signed by all parties hereto.
19. Separability Clause In the event any provisions of this Agreement
shall be declared invalid, illegal or unenforceable in any respect by the courts or
any competent authority, the validity, legality or enforceability of the remaining
provisions shall not in any way be affected or impaired thereby.

20. Venue of Action The parties hereby agree that any legal action
arising out of or relating to this Agreement shall be instituted only in the proper
courts of Cagayan De Oro City, it being understood that all other venues are
expressly waived by the parties.
21. Attorneys Fees If the CONTRACTOR files an action arising from
CLIENTS default in the payment of the Services rendered and other breach of
this agreement, the CLIENT agrees to pay Attorneys Fees a in an amount
equivalent to 15% of the total amount due to the CONTRACTOR.
22. Effectively and Duration This agreement shall take effect from
September 1, 2014 up to August 31, 2015 and shall be in full force and effect for
a period of one (1) year from the date of affectivity hereof, subject to renewal for
the same period upon agreement of the parties. However, either party may
terminate this Agreement for valid cause provided that written notice thereof is
given to the other party at least thirty (30) days prior to the intended date of
termination. Should the services contracted in this agreement be rendered by
the CONTRACTOR after the one (1) year term of the contract,
The stipulations contained herein shall continue to be enforced in the meantime
that a new contract is yet to be approved by the contracting parties.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to
be signed by their duly authorized representatives on ____________ at
_________________________.

JOLLIBEE FOODS CORP,

SERVICES,CO.
Client

By:

PHILPOWER INTEGRATED
Contractor

By:

________________________________

______________________________

MR.ADONIS ATIENZA
LANOT
Area Manager

MR. REXCEL S.

President

SIGNED IN THE PRESENCE OF:

_____________________________

________________________________
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

) S.S.

BEFORE ME a Notary Public for and in ____________, Metro Manila

personally appeared the following persons, to wit:
NAME
JOLLIBEE FOODS CORP,
MR.ADONIS ATIENZA
PHILPOWER INTEGRATED
SERVICES, CO.
MR. REXCEL S. LANOT

CTC NO.
_______________

________________

DATE/PLACE OF ISSUE
______________________

____________________

Who are known to me and to me known to be the same persons who

executed the foregoing instrument and acknowledged to me that the same is
their free and voluntary act and deed.
WITNESS MY HAND AND NOTARIAL SEAL this ________ day of __________.
2014 at ___________________.
Doc. No. __________
Page No. __________
Book No. __________
Series of 2014.

ANNEX A
Scope of Service
The contractor will provide the Client the following:
A. Training

Before

deployment, riders will be trained on:

trade area familiarity (Pre-Hiring Assessment Training at the store)
product familiarity (Pre-Hiring Assessment Training at the store)
customer service standards
roles and responsibilities
maximum drive time and hit rates
other reasonable items which may be required by JFC
Safety Driving Techniques
Trouble Shooting
Rules and Regulations

B. Supervision and Management

PHILPOWER INTERGRATED SERVICES, CO. will assign to JFC Incorporated a Roving

manager/supervisor who will visit all the branches at least twice a month for
Provincial Stores.
Branch managers will be asked to fill up Store Visit Slip during supervisor visits for
us to acknowledge the inspection made.
This will also allow PHILPOWER
INTERGRATED SERVICES, CO. to receive feedback and take action on any concern
regarding our riders/motorcycles
Monthly evaluation of Riders.

C. Disciplinary Measures

Upon hiring, riders will be briefed on the required disciplinary standards on

attendance, functions, work behavior, honesty and compliance to customer
service
A Penalty Memo will be implemented. Operation Managers will issue penalty
memo to riders who do not comply with agreed upon standards. This penalty
memo will be the basis of PHILPOWER INTEGRATED SERVICES, CO. for issuing
disciplinary action.
PHILPOWER INTEGRATED SERVICES, CO. will implement the appropriate
disciplinary action warnings, suspensions and terminations depending on the
severity of each violation

D. Administrative Support

PHILPOWER INTEGRATED SERVICES, CO. will ensure the availability of a person to

accept calls from the JFC Incorporated branches regarding complaints, absences,
motorcycle breakdown, change in roster, etc.
The roving supervisors will collect the Daily Time Records (DTR) which will serve
as the basis for the payroll. DTR will be sent to PHILPOWER office through LBC.
PHILPOWER INTEGRATED SERVICES, CO. will prepare and facilitate payroll.

H. Satisfaction Survey

PHILPOWER INTEGRATED SERVICES, CO. will conduct a monthly survey among the
store managers to determine the level of satisfaction in relation to our service
The survey will also evaluate each rider assigned to JFC Incorporated

ANNEX B

1. The following are the minimum qualifications of JFC Incorporated Delivery Riders:

Age

18 to 32 years of age

Height

at least 5 4

Educational Attainment

Special Skills Required

at least high school graduate

With valid professional driving license / two years driving experience

Must pass practical/hands on test to be conducted by hiring agency
Must know basic bike trouble shooting
With decent customer relation skills
Pleasing personality
2. Required lead-time for hiring as required by JFC Incorporated, all screened
applicants/contenders are sent to the branch only upon completion of the 1 day
training by PHILPOWER INTEGRATED SERVICES, CO. and the submission of the
documentary requirements such as Mayors permit, Health Certificate, NBI Clearance,
etc. Realistically, this would take about a minimum of 3 days including training and
maximum of 15 days for every batch of 10 riders.

ANNEX C
A. Store visit and Preventive Maintenance Routine:

PHILPOWER will ensure a twice a month visit of our Field

Operations Supervisor and Preventive Maintenance Servicing:
The (FOS) Field Operations Supervisor based location shall be
within Cagayan De Oro.

Strict compliance to FOS monthly itinerary

Ensure the availability and responses of FOS/Coordinator during
emergency situation and as needed. (EG: Motorcycle breakdown &
vehicular/motorcycle accident of riders and other situation that requires
presence of Contractors representative)
Enter regular service contract with accredited motorcycle service
centers/repair shops and on call mechanic within the store vicinities.
Provide our rider with rigid training on trouble shooting and proper care
and maintenance.
Periodical visit of our Maintenance Manager from Manila Office.
B. Assurance of Petty Cash reimbursements

PHILPOWER will provide the designated team leader with a revolving fund
in the amount of P1,000.00 per store locations subject
to normal
replenishment procedure of one (1) week replenishment after receiving
the receipts. In the event that there will be maintenance concerns, head
rider assigned to the store will have the authority to bring the bike in the
accredited provider of Philpower in the area. For gasoline, tie-up with Gas
Station and Repair Shop for bikes.

C. Trainee and Reliever

PHILPOWER will ensure the availability of Reliever during absences and

AWOL of riders. A maximum lead time of (Four) 4 hours from the time of
call the request was made.
All replacement rider shall undergo PRE-HIRING ASSESSMENT TRAINING
(after passing the clients interview) of three (3) days prior to Regular
Duty. CLIENT shall validate and evaluate riders performance during P.H.A.

D.

Training Structure and Location

Our Training Module features the following Power point Presentation:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.

Company Profile/Organizational Structure

List of Clients
Hiring Process/Recruitment Methods
Vision/Mission Statements
Testing Requirements
Deployment Policies
Company Policies/Compensation Benefits/Incentive System
Job Description
Standard Uniforms/Proper Attire
Standard Equipments

k.
l.
m.
n.

Product Knowledge
Proper Care and Maintenance of Delivery Vehicles
Seven (7) Key Steps
Customer Service

TRAINING LOCATION:
-

On the Spot Training; on-site training during the 30 days predeployment period after request of the store will be done. While
replenishment will be done by the Operations Supervisor; therefore our
Operations Supervisor must be certified Trainors a Train the
Trainors program will be given by head office (Philpower).

Periodical Training Upgrade will be done by our Head Office thru our
Training Supervisor in order to calibrate quality and efficiency of the
rider knowledge and skills.

E. Hiring and recruit procedure:

Procedure/ hiring process flow;

-

SCREENING OF APPLICANTS
Body Screening (w/ or w/o tattoo)
Professional Drivers License
High School Graduate

FILL-UP APPLICATION

WRITTEN EXAM
o Road Signs
o Abstract

PASSED

FAILED

ROAD TEST

PASSED

RECRUITMENT
INTERVIEW

RESTEST AFTER 2 DAYS

FAILED

RETEST AFTER
AFTER 1 WEEK

SCHEDULE FOR
CLIENTS INTERVIEW

PASSED

IF FAILED

POOLING (CAN RE-APPLY AFTER 3 MONTHS)

STORE AND COMPANY ORIENTATION
(JFC & AGENCY POLICIES)

(PHA)PRE-HIRING ASSESSMENT TRAINING

FOR (3) DAYS (PRODUCT FAMILIARITY,DELIVERY PROCEDURE & RTA MAPPING)

COMPLETION OF
REQUIREMENTS

SIGNING OF
EMPLOYEE CONTRACT

ENDORSEMENT/DEPLOYMENT OF
RIDER TO STORE

Local Placements/Recruitment of qualified applicants in specified store

locations.
Retention and absorption of existing riders based on recommendations of
incumbent Store Managers. Process of absorbing existing riders must be
followed, namely store endorsement and Philpower pre- qualification
requirement.
F. Billing Process: (these will be done through email)

Preparation & approval of DTR from

store

Submission of DTR to HO(Philpower) for

payroll & billing preparation

Approval of billing through email by the

store managers together with PIS Sales
Invoice

Submission of PIS Sales invoice together

with the billing to Franchise Corporate
Office and or Accounting Department

ANNEX E

CONFIDENTIALITY and NON-DISCLOSURE AGREEMENT

We, PHILPOWER INTEGRATED SERVICES, CO. acknowledged that as a result
of the hiring of our services as Delivery Service Provider by Jollibee Foods Corp.
(hereinafter referred to as JFC), have access to proprietary and confidential information
owned by or licensed to , including trade secrets, business plans, marketing plans,
strategic plans, and operating plans. We acknowledge that any unauthorized use or
disclosure of any of the foregoing matters may result in significant and irreparable
damage to PHILPOWER INTEGRATED SERVICES, CO. and or/its licensor.
As part of the consideration for our hiring as Delivery Service provider, we agree
to only use any and all information to which we may have access to in performing our
obligations to JFC and carrying out our contract. We will keep all such information in strict
confidence. We will not disclose any such information to any person. We will abide by all
other restrictions on the use and disclosure of the information, which JFC may establish
from time to time, and the obligation of the parties to keep strictly secret and
confidential the information that will be obtained.
All knowledge and information which PHILPOWER INTEGRATED SERVICES, CO. and
its representative may acquire from JFC, its employees, consultants or agents with
respect to its inventions, designs, methods, systems, improvements, trade secrets,
trademarks, pricing and any other private or proprietary matters whether directly owned
or assigned to JFC, shall not be directly or indirectly disclosed by PHILPOWER
INTEGRATED SERVICES, CO. and its representatives to any person or entity without the
express written permission of JFC. PHILPOWER INTEGRATED SERVICES, CO. and its
representatives shall instruct each of their employees who are provided such information
that all such information is the property of JFC and is to be held in confidence by the
employee concerned.
PHILPOWER INTEGRATED SERVICES, CO. acknowledges that our obligations under
this Agreement will survive the expiration or termination of our contract as Delivery
Service Provider.
We acknowledge that any violation, whether actual or prospective of this
agreement can cause grave and irreparable injury to JFC and its licensor and that JFC will
be entitled to the issuance of a restraining order and a writ of preliminary injunction to
prevent such violation, as well as indemnification for liquidated damages.