DRAFT-230926-099
AMMENDMENT TO SERVICE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Agreement is made and entered into this 5th day of October, 2023 by and between:
EXCELLENT MSG, INC., a corporation duly organized and existing under the
laws of the Republic of the Philippines, with principal office address at principal
office address at Room 301 3/F LCC Mall Ziga Avenue, Brgy. San Juan, Tabaco
City, Albay, represented herein by its Senior Manager, SP Services, DANILO T.
DINOY, hereinafter referred to as the “CLIENT”,
-and-
UNIFIED LABOR SERVICE COOPERATIVE , a cooperative duly organized and
existing under the laws of the Republic of the Philippines, with principal office
address at Room 222 Ramaida Centrum, Elias Angeles St., Naga City
represented herein by its Finance Manager, ALEX BRIOSO, hereinafter referred
to as the “SERVICE PROVIDER”
The CLIENT and the SERVICE PROVIDER shall be individually referred to as a “Party”, and
together, the “Parties”.
WITNESSETH, That:
WHEREFORE, the CLIENT and the SERVICE PROVIDER entered into a formal agreement
commencing on February 1, 2023, Doc No. 247, Page 50, Book 1 Series of 2023 notarized by
Atty. Elias A. Torallo, Jr. and Doc No. 17, Page 7, Book 1, Series of 2023 notarized by Atty.
Victoria Denise M. Monte (the “Service Agreement”);
WHEREFORE, the CLIENT and the SERVICE PROVIDER desires to modify the provision of
the Service Agreement.
NOW THEREFORE, for mutual consideration which is hereby acknowledged by both Parties
the following terms and conditions shall be amended:
1. Articles I, V, VII, VIII, XV, Annex “B” and Annex “C” of the Service Agreement, is herein
amended through mutual consent of Parties and shall be read as follows:
I. The term of this Agreement shall be for a period of Thirty-Seven (37)
months, to commence on February 1, 2023 until February 28, 2026 subject
to renewal by mutual agreement of the Parties, unless otherwise terminated
by either Party through a written notice given to the other Party at least
Thirty (30) days before the intended date of termination.
V. PERFORMANCE BOND
The SERVICE PROVIDER shall post a performance bond in a form of surety
bond equivalent to the estimated total monthly labor cost stipulated in Annex
“C” which shall be valid for the entire duration of the TERM issued by a
reputable bank or insurer acceptable to the CLIENT.
VII. BILLING SCHEDULE
For services rendered to CLIENT by the SERVICE PROVIDER, the
SERVICE PROVIDER shall bill the CLIENT in accordance with Annex “C”.
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DRAFT-230926-099
The SERVICE PROVIDER and the CLIENT understand and agree that
billing statements have specific cut-off dates. Non-submission of the
billing statements within Forty-Five (45) calendar days from its specific
cut-off date/s shall result to the forfeiture, waiver of the SERVICE
PROVIDER’S right to collect, and shall be deemed as fully paid and
settled. Only substantiated billing statements submitted within the 45-
day period shall be considered in processing the payment to the
SERVICE PROVIDER.”
The CLIENT shall notify the SERVICE PROVIDER for any correction or
adjustment to the statement of account.
VIII. PAYMENTS
All payments for the SERVICE PROVIDER shall be in the form of check
unless the SERVICE PROVIDER and the CLIENT agreed otherwise via
online payment transfer. Upon receipt of the payment, the SERVICE
PROVIDER will issue forthwith official receipts within 24 hours evidencing
payment indicating therein the bank, date and check number and giving
reference to the billing paid for.
XV. DATA PRIVACY
Both parties shall ensure all personal and sensitive information collected are
processed according to the principles of transparency, legitimate purpose
and proportionality pursuant to R.A. 10173 (Data Privacy Act of 2012). For
this purpose, a separate data sharing agreement may be executed by the
parties and shall form part of this Agreement.
XVI. ANTI-CORRUPT PRACTICE
Both parties warrants and undertakes, for itself and its employees, officers
and representatives that:
7.7.1 Any Party has not given or promised to give any sum of money or gift to
any of other Party’s officers, employees, agents or representatives, or
any government official or employee for this Agreement;
7.7.2 Any Party has not exerted any unlawful or undue influence to solicit or
secure the award of this Agreement and all transactions appurtenant
hereto, through an agreement to pay a commission, percentage or
contingent fee to any of other Party’s officers, employees, agents or
representatives, or any government official or employee;
7.7.3 A Party shall immediately notify the other Party of any solicitation made
by other Party’s officers, employees, agents or representatives in
exchange for any business advantage or benefit in any dealing with the
other Party;
7.7.4 Any Party or its officials or representatives shall not give or promise any
such money or gift to any person, or exert or utilize such unlawful
influence during the effectivity of this Agreement, for the purpose of
unlawfully and/or unduly influencing any decision regarding this
Agreement or to secure or solicit any extension thereof;
7.7.5 Should Any party be involved in any of the above-mentioned practices,
this Agreement shall be immediately terminated upon written notice to the
other Party, without prejudice to the filing of appropriate action or remedy
available under the laws or this Agreement.
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DRAFT-230926-099
ANNEX “B”
STANDARD REQUIREMENTS FOR THE SERVICE PROVIDER
The CLIENT and the SERVICE PROVIDER to submit the following documentary requirements:
1. Company Profile (with registered business name and address)
2. Registration Documents:
2.1 DTI Certificate of Business Name (if Single Proprietorship/Partnership)
2.2 SEC Registration Certificate (if Corporation)
2.3 Certificate of Registration from Cooperative Development Authority (if
Cooperative)
3. DOLE Certificate of Registration / Clearance Documents:
3.1 Department Order No. 174
3.2 Certificate of Compliance on General Labor Standard
3.3 Certificate of Compliance on Occupational Safety and Health Standards
4. Sanitary and Health Permit
5. Business / Mayor’s Permit
6. BIR Certificate of Registration
7. SSS Registration / Clearance
8. HDMF Registration / Clearance
9. Philhealth Registration / Clearance
10. Bank Account Number (for online payment)
Additional Requirements:
1. Organizational Structure
2. List of Company Officers with Contact Numbers
3. Specimen Signature of Company Officers
4. Services Offered
5. List of Clients
6. Manpower Agency Code of Discipline
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DRAFT-230926-099
ANNEX “C”
SERVICE FEE
February 1, 2023 - August 28, 2023
ESTIMATED
PARTICULARS MONTHLY RATE HEADCCOUNT
MONTHLY RATE
Nurse
19,149.09 1 19,149.09
(LCC Naga Felix)
SUBTOTAL 19,149.09
August 29, 2023 - February 31, 2026
ESTIMATED
PARTICULARS MONTHLY RATE HEADCCOUNT
MONTHLY RATE
Nurse
23,010.48 1 23,010.48
(LCC Naga Felix)
SUBTOTAL 23,010.48
ESTIMATED TOTAL LABOR COST 42,159.57
Billing Period and Deadline of Submission:
Billing period cut-off Deadline of submission and
Description
dates acceptance of Billing Statements
1st Billing 29th to 13th of the month on the 9th day from the cut-off billing
2nd Billing 14th to 28th of the month on the 9th day from the cut-off billing
The SERVICE PROVIDER and the CLIENT understand and agree that billing
statements have specific cut-off dates. Non-submission of the billing statements
within Forty-Five (45) calendar days from its specific cut-off date/s shall result
to the forfeiture, waiver of the SERVICE PROVIDER’S right to collect, and shall
be deemed as fully paid and settled. Only substantiated billing statements
submitted within the 45-day period shall be considered in processing the
payments to the SERVICE PROVIDER.
2. That the foregoing amendment is made to align with the updated service fee of the
SERVICE PROVIDER and to adapt pertinent provisions in the recent standard
contract of the CLIENT;
3. Capitalized terms herein have the same meaning as used in the Service Agreement
unless otherwise noted.
4. All other provisions of the Service Agreement remain in full force and effect, other
than any provision that conflicts with the terms and spirit of this Amendment, which
shall be deemed to be amended appropriately in order to be consistent with this
Amendment.
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DRAFT-230926-099
IN WITNESS WHEREOF, the parties have hereunto set their hands this
_______________ at _______________, Philippines.
EXCELLENT MSG, INC. UNIFIED LABOR SERVICE
COOPERATIVE
By: By:
DANILO T. DINOY ALEX BRIOSO
Senior Manager, SP Services Finance Manager
Witnessed by:
________________________ ________________________
(Signature over printed name) (Signature over printed name)
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DRAFT-230926-099
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES }
____________________________ } S.S.
BEFORE ME, a Notary Public for and in the _______________ this _______________,
personally appeared the following persons whose competent evidence of identity appear
opposite their names:
Name Government Issued ID Date/Place Issued
ALEX BRIOSO ____________________ ____________________
All known to me and to me known to be the same person who executed the foregoing
instrument, consisting of Seven (7) pages including this page where the acknowledgement is
written and signed by the parties on each and every page and on the left margin, and
acknowledged to me that the same is their free and voluntary act and deed, and of the entities
they represent.
WITNESS MY HAND AND SEAL at the place and on the date first above written.
NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2023
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DRAFT-230926-099
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES }
____________________________ } S.S.
BEFORE ME, a Notary Public for and in the _______________ this _______________,
personally appeared the following persons whose competent evidence of identity appear
opposite their names:
Name Government Issued ID Date/Place Issued
DANILO T. DINOY ____________________ ____________________
All known to me and to me known to be the same person who executed the foregoing
instrument, consisting of Seven (7) pages including this page where the acknowledgement is
written and signed by the parties on each and every page and on the left margin, and
acknowledged to me that the same is their free and voluntary act and deed, and of the entities
they represent.
WITNESS MY HAND AND SEAL at the place and on the date first above written.
NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2023
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