THIS AGREEMENT IS MADE ON THIS
DAY OF
2009
BETWEEN
Between BERTAM SECURITY SERVICES (M) SDN BHD, BHD, a company incorporated in Malaysia and having its Head Office at NO. 9-1A, Jalan SBC 1, Taman Sri Batu Caves, 68100 Batu Caves, Selangor Darul Ehsan. (hereinafter called “the Security Company”) of the one part AND RUKUN TETANGGA TAMAN PETALING / GASING INDAH correspondence address at ______________ (Hereinafter called “the “ the Client ”) of the other part.
WHEREAS: WHEREAS: i)
The Client represents represents the residence residence of Taman Taman Petaling and Gasing Indah Kuala Lumpur and Petaling Jaya who desires to engage the service of the Security Company.
ii)
The Client has requested the Security Security Company to provide their Security services at the designated area specified in the Schedule annexed in Schedule 1 (hereinafter referred to as “the Services”). Services”).
iii)
The Company has agreed to accept the Customer’s request upon the terms and conditions hereinafter contained.
NOW IT HEREBY AGREED as follows: 1.
The Security Company shall on and from the ________ day of _______ 2009 provides the Client with the Security Services in or at the designated residential area(s) known as Taman Gasing Indah (Petaling Jaya) including Gasing Indah (Kuala Lumpur) as agreed thereon.
2.
For the purpose of this agreement the word Client shall and may also include the residence of Gasing Indah Kuala Lumpur and Petaling Jaya who are paying or contributing to the charges and /or consideration imposed by the Security Company.
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3.
The Security Company represent that it has the necessary license and approval from the respective authority to enable itself in providing the services.
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DUTIES AND OBLIGATION OF THE SECURITY COMPANY
4.
The Security Company hereby covenant and undertake the following:-
4.1
The Security Company shall provide security services to the extent as set out in the Schedule 1 and in accordance with (hereinafter referred to as “the Schedule of Services”) Services”) the terms and conditions set out herein.
4.2
The Security Guards provided by the Security Company must be able to differentiate between residence and/or visitor and/or relative and authorized persons entering the residential area.
4.3
To enforce security measure and procedures but at the same time not to create unnecessary inconvenience to the residence.
4.4
The Security Guards provided by the Security Company shall at all times adhere the “best security approach”.
4.5
For the purpose of this agreement the “best security approach” shall be conducted in the following manner : 4.6 (a) (i)
(ii)
(iii)
(iv) (v)
To filter any potential security threat at the entrance of the residential area by adopting the following procedures:Only residence with approved car stickers (property of RT Taman Petaling / Gasing Indah) shall be allowed to enter the residential area; Visitors must be stop and checked on their intention and destination as well as their vehicles registration number and particulars of the visitor must be recorded. These records must be kept at the Guards house at all times. Where visitor’s intention / destination appear to be of suspicious intent, guard may refuse entry until appropriate verification is obtained from the residence. Public Service transport such as Alam Flora, TNB etc are allowed to enter into the residential area upon checking them out. Commercial vehicles such as those with intent to deliver gas cylinders, collection of old newspapers, delivery of items of
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(vi) (vii) (viii) (ix)
(x) (xi)
commercial values etc are to be stopped and checked and their particulars recorded at all times. At all times, check and detect any suspicious people passing by around the residential area or any suspicious activity. In cases when an alarm is triggered, immediately check to ensure that there is no break in or theft. In the event the guards have noticed any house not locked or car door not closed, immediately notify the owner. To ensure that no contractors are allowed to linger around the residential area unnecessarily unless accompanied and/or requested by house-owner. To ensure that access road are closed at all times or within such designated hours. To notify the police immediately and call for assistance if any breakins, thefts, robberies or crime is being committed s being committed.
4.7
The above mentioned “best security approach” shall or may be improvised as and when it is needed , and the Security Company shall ensure that their security guards , supervisors and/or managers adhere to the Client’s request.
4.8
To install CCTV at the strategic entrance to monitor and record movements or person and vehicle
4.9
The Security Company shall ensure that their Security Guards and /or their supervisor and/or their personnel :a)
are Malaysian citizen; or
b)
if they are foreign workers they posses the necessary approved documentations such as work permit and etc ; and
c)
are of good health with no major sickness and/or disease ;
d)
Must not ask for any form of payment or loan from the residence residing in the designated area ; and
d)
are not or suspected drug addicts and or convicted criminals
4.10
The Security Company shall ensure that a copy of all their workers, workers, employees employees and/or and/or personnel’s biodata, Identification card (IC) or passport is given to the client .
4.11
To report any accidents, incidence and/or mishaps mishaps immediately immediately to the Client Client and/or and/or to the respective street leaders .
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4.12
That the Security Company is solvent and not subject to any bankruptcy / winding-up petition and it has no knowledge of any circumstances which would give rise to a winding-up petition or bankruptcy being filed against the Security Company. In the event bankruptcy / winding-up petition has been commenced during the term of this agreement , the Security Company is obliged to inform the client;
4.13
The Security Security Company shall ensure that the Security Guard and/ or supervisors’ and/or managers . a)
Comply with the rules and regulation mentioned herein and adhere to any changes in the rules and regulations issued by the Client from time to time ;
b)
ensure that all work is done in compliance with regulatory, statutory, local councils rulings, by-laws or such relevant requirements including in conformance with Best Security Approach procedures ;
c)
will not at any time be intoxicated with drugs and/or alcohol at the residential area or site and/or during their journey to the site ;
d)
Not to engage in any physical fights or horse play, stealing and/or criminal or immoral activities;
e)
not to leave the residential area without having another guard stationed at the post during working hour and during break time.
4.14
In the event the Client identifies identifies or has reason to believe that one of the Security Guards has violated any of rules and regulation, the Security Company shall ensure that the person so identified is immediately removed from the residential area and is never designated to carry out any job on behalf of the client.
4.15
The Security Security Company Company shall shall at all times times ensure that they have the necessary license license to carry out the Security Services from the relevant authorities.
4.16
The Security Security Guard Guard and/or its managers managers and /or its servants must ensure , inspect and check every 2 hours or at higher frequencies as the situation deems necessary that all other access road that has been closed with barriers and gates are not damaged or removed . In the event they notice that one of the barriers or gates have been damaged they must immediately inform the Client’s Street Leaders or report to the police and/or authority for assistance.
4.17
To provide to the street leaders leaders the duty roaster of the guard stationed stationed for the day.
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4.18
To provide phone numbers of the the Security Security guards stationed at the guard house to enable the residence to contact them in cases of emergency.
5.
DURATION & TERMINATION
5.1
This agreement shall be valid for a period of One Year.
5.2
The Security Services for Zone 2 as described in Schedule 1 one shall commence from __________________ till _________ .
5.3
With regards to the commencement date for Zone 1 and Zone 3 , the commencement date shall be notified in writing by the Client
5.4
Either party may terminate this agreement by giving 30days notice.
5.5
Notwithstanding Clause 5.4 The Client shall be entitled to terminate this Agreement in the event of any serious breach has been committed by giving the Security Company forty eight (48) hours notice.
6.
CONSIDERATION AND MODE OF PAYMENT
6.1
The Client shall pay to the Security Company the agreed service charge as described in Schedule 2 at the end of the calendar month.
6.2
Notwithstanding Clause 5 in the event that the Client fails to strictly comply with Clause 6.1 , after a formal demand has been made in writing, the Security Company shall be entitled entitled to terminate this Agreement pursuant to Clause 3.2 by giving two weeks notice notice (in writing) of the same and thereafter thereafter this Agreement shall be deemed terminated.
6.3
The Client may from time to time request additional services, the rates for additional services shall be negotiated and agreed upon in writing. However there shall be any increase of price /rates
6.4
The Client may from time to time reduces the number of services required, by giving 30 days notice in writing , upon the occurrence of such event, the service be deducted accordingly and /or parties may have the option to negotiate further..
6.5
Notwithstanding clause 5, in the event that the Agreement is terminated by either party for any reason whatsoever, the total outstanding charges up to the date of
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termination, will become due and payable immediately upon the aforesaid termination except in cases when the Security Company is held liable to the Client or the residence. 6.6
All payments by the Client shall be made payable to the Security Company by crossed cheques and made payable in favor of the Security Company.
7.
LIABILITIES OF THE SECURITY COMPANY
7.1
The Security Company in providing the Services and in acting for the purposes of the Agreement herein, herein, shall be responsible for any want want of proper care on the the part of the Security Guard and/or their supervisors and/or their managers itself in the selection or employment of the personnel put on and in charge of the Services. S ervices.
7.2
The Security Security Company shall be responsible responsible to the Client in respect of any any deliberate wrongful act or default committed by any servant or agent of the Client with references to the Services or any loss suffered by the Client through burglary, theft, fire or any other cause if and so far as such loss is caused by negligence and or lack of care and or omission of the Security Company’s employees , guards and or agents acting within the course of employment.
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INSURANCE
8.1
The Security Company shall at all times ensure that they have adequate insurance policy including but not limited to; professional indemnity , Public Liability insurance, and fidelity and /or policies that will benefit their Client . A copy of the policy shall be given to the Client.
9.
SPIRIT OF FAIRNESS
9.1
The Parties hereto recognize that it is impracticable to make provision in this agreement for every contingency that may arise in the course of performance and implementation hereto and accordingly agree that it is their mutual intention that this Agreement shall operate between them with fairness and equity and if in the course of performance and implementation thereof unfairness of any party is disclosed or foreseen then the parties hereto shall use their best endeavors to agree upon such
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action as may be necessary to fairly and equitably remove the cause or causes of the same. same. In amplification of the foregoing, the Parties shall from time to time enter into supplemental agreements on such matters as may be necessary.
FORCE MAJUERE 10.1
If either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including by way of limitation, acts of terrorism, war, national emergency, flood, earthquake, strike or lockout (other than a strike or lockout induced by the party so incapacitated) or act of God, the party unable to fulfill its obligations shall immediately give notice of this to the other party and shall do everything in its power to resume full performance as soon as possible and in this event neither party shall be deemed to be in breach of its obligations under this Agreement. If and when the period of such incapacity exceeds four four (4) months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.
11.
NOTICES .
11.1
In the event of any occurrence which may give rise to a claim against against the Security Company, the Client and or the residents contributing to the services shall within twenty-four (24) hours of such occurrence lodge a police report and shall inform the Head Office of the Security Company in writing by registered post within one month from the date the residence is aware of the event , furnishing the Security Company a copy of the police report and all particulars relevant to the said occurrence and in particular of any loss or damage.
11.2
Any claims by the Client and/or and/or the residence (ie (ie residence who are contributing to the payment of the security charges) charges) against the Security Company Company must made in writing.
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GENERAL PROVISION
12.1
It is mutually agreed agreed that all security log books, duty rosters of the guards and any other documents provided by the Security Company shall be the sole property of the Security Company. The Client shall have the right to demand or examine the above log book, duty rosters and any other documents.
12.2
It is mutually mutually agreed by the the Security Security Company and the Client that in the event of any legal proceedings proceedings in courts the, the court situated situated in Kuala Lumpur shall be the venue of litigation. 7
12.3
The Client shall not give any monetary advancement loan or any form form of goods to the guard/personnel of the Security Company. The Security Company shall not be deemed to have received such advancements if so given by the Client .
12.4
The services of the Security Company shall at all times be strictly limited to such services specifically described in the Schedule2 hereto and the Security Company will not be expected to provide any other form of services implied or otherwise not contained in the said Schedule unless expressed in writing .
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SEVERABILITY
13.1
If any provision of this Agreement Agreement herein herein contained or part thereof or any document incorporated hereto is rendered void, illegal or unenforceable for whatever reason in any respect under any law, it is hereby declared that such clause or document so affected shall not in any way affect or impair the validity, legality or enforceability of the other terms or provisions herein contained which shall remain in full force and effect provided that such invalidity or unenforceability shall not substantially nullify the underlying intent of this Agreement and shall be deemed to be an independent provision and the parties shall be at liberty to have such provision severed from the rest of this Agreement.
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IN WITNESS WHEREOF the parties hereto have hereto set their hands the day and year first above written. SIGNED for and on behalf of BERTAM SECURITY SERVICES (M) SDN BHD Name I/C No: :
in presence of : Name : I/C No.
:
) ) ) )
SIGNED for and on behalf of RUKUN TETANGGA TAMAN PETALING / GASING INDAH Name : I/C No:
in presence of : Name : I/C No.
:
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Schedule 1
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Schedule 2
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