CONTRACT FOR THE PROVISION OF SECURITY GUARDING AND
SURVEILLANCE SERVICES
BY AND BETWEEN
TITANS PROTECTION, a limited liability company, having its head office at
Kinshasa, No. 02 of Avenue Bas-Congo, commune of Gombe, registered with
the RCCM under No. CD/KNG/RCCM/20-B-01464, represented for the
purposes hereof by Mr. KIYANGA TSHIAMA ROZLYN, Managing Director,
hereinafter referred to as “SERVICE PROVIDER”
AND
………………………………………, headquartered in………………….. No.
……………. of Avenue……………………, commune of Gombe, in Kinshasa,
Democratic Republic of Congo, registered with the RCCM under No.:
…………………………………., NAT ID: ………………………., represented
for the purposes hereof by ………………………….., hereinafter referred to as
“CLIENT”
IT HAS BEEN DECIDED AS FOLLOWS
ARTICLE 1 : PURPOSE 1
- The purpose of this Contract is to define, guarantee and provide the
CLIENT with security guarding and surveillance services for a fee set out
in Article 12.
- This includes the surveillance of:
Check all that apply.
NATURE OF SERVICES GUARD CP INSPECTOR
Warehouses - - -
Magasin (Pharmaceutical Warehouse) - - -
Offices - - -
Residences - - -
Agencies - - -
Station - - -
Concession - - -
Close protection - - -
Vehicle, Parking - - -
Industrial/mining/forestry guard - - -
Construction site (open) - - -
Escort of funds/precious metals - - -
The purpose of this contract is to secure the construction site in the city-province
of Kinshasa.
The services are carried out in accordance with the provisions of the following
documents:
- The present contract and its financial annex;
- The technical proposal of SERVICE PROVIDER.
ARTICLE 2 : DURATION
This contract is concluded for a period of two (2) years, renewable by tacit
agreement for identical periods of two (2) years.
However, either party may terminate it at the end of each period, including
prayer, subject to prior notice to the other party at least three (3) months before
the early termination date by registered letter with acknowledgement of receipt.
The first implementation period begins on the date of signing of the contract.
ARTICLE 3 : NATURE OF CONTRACT
This contract is partially based on purchase orders. It contains a mandatory
section of fixed-price services corresponding to the services scheduled annually.
It also includes a purchase order section for unpredictable questions, which
should address the CLIENT’s immediate needs (event, reception, mourning,
etc.).
ARTICLE 4: TERMS AND CONDITIONS FOR THE PROVISION OF
MANDATORY SERVICES AND SERVICES ON
PURCHASE ORDERS
The mandatory services shall be provided for the term of the contract and upon
its entry into force. Such services are automatically executed in the absence of
non-renewal notification under the conditions defined in the above-mentioned
Article 2.
Services on purchase orders shall be communicated to the SERVICE
PROVIDER, as and when needed, based on the notified hourly prices to be
discussed between the parties. Once notified, purchase orders become
enforceable.
ARTICLE 5 : RULES FOR THE PROVISIONS OF SERVICES
The services offered by the SERVICE PROVIDER on the CLIENT’s site(s)
include security guarding and surveillance services. To this end, and for this
service to be provided continuously, the SERVICE PROVIDER shall assign the
necessary personnel to the guard post.
Every day, the SERVICE PROVIDER shall undertake to implement all
necessary means to ensure the surveillance and guarding of the CLIENT's
site(s), within the framework of the instruction notes concerning access to the
site(s).
The CLIENT shall assist the SERVICE PROVIDER’s personnel in the
implementation and interpretation of the various instruction notes and technical
notices for the equipment to be used.
The SERVICE PROVIDER's personnel shall adapt to the various changes that
could be made to their missions, especially with respect to the information of
certain tasks.
Monitoring access to the sites:
The access card constitutes a pass giving access to the infrastructure of the
site(s). Access to the site(s) is authorized for persons holding an access card or
an access authorization. This card is strictly personal, it is required at the
entrance and exit of the site.
Whether the person is a pedestrian, cyclist, driver or passenger of a two- or four-
wheeled vehicle, the presentation of the badge is mandatory.
The CLIENT reserves the right to authorize, on exceptional request, access to
the site outside working hours including Saturdays, Sundays and public
holidays.
The SERVICE PROVIDER shall welcome visitors and manage their entrances
and exits.
- Journalists: journalists are welcomed under the usual conditions of a standard
visitor, the guard must imperatively inform the “communication” department or
the CLIENT's management.
ARTICLE 6: WELCOMING VISITORS AND MANAGING THEIR
ENTRANCES AND EXITS OUTSIDE WORKING
HOURS:
a. Access 7/7 and 24/24
For security reasons or professional needs, some staff members, holding a
“7/7 and 24/24” badge, may have access to sites 7/7 and 24/24.
The list of accredited persons can be sent to the guard manager by either
the CLIENT’s service manager or human resources manager.
b. Vehicles passing through barriers :
Service vehicles
Access control by badge is mandatory for service vehicles. Passengers
shall be identified by badge, or by presenting their identity papers at the
checkpoint. Access control by badge is mandatory when passing through
barriers.
ARTICLE 7 : KEEPING REGISTERS UP TO DATE
A notebook, in the form of a register, shall be kept up to date by the SERVICE
PROVIDER who is required to record the various significant facts and/or
events.
This notebook shall be consulted by the designated CLIENT manager. All visits
shall be notified, and visitors shall register immediately upon passing through
the checkpoint.
The completed forms shall be sent to the CLIENT's human resources department
or to the CLIENT at the end of each week.
ARTICLE 8 : RESPONSABILITIES
a. The SERVICE PROVIDER's staff shall remain under the hierarchical
authority and responsibility of the latter, who assumes all the employer’s
civil, social security and tax obligations towards this staff.
The SERVICE PROVIDER shall cover these staff members in terms of
work accidents, travel accidents and occupational illnesses.
The relationships between these staff members and the CLIENT's
personnel shall not under any circumstances be regarded as a relationship
of subordination.
The manager designated by the SERVICE PROVIDER shall have
authority over the personnel assigned to the security and surveillance
services.
The appointment and retention of staff members are the SERVICE
PROVIDER’s sole responsibility. Their withdrawal or transfer to another
position shall in no way whatsoever constitutes grounds for the CLIENT
to terminate the contract.
The SERVICE PROVIDER shall communicate to the CLIENT for
approval the list of staff members required to intervene on the site,
including intervention and replacement personnel. The professional card
of each staff member shall be attached to the list.
The list shall be communicated within 15 days of notification of the
contract award. In case of change of staff, a letter or email must be sent to
the head of department.
In case of underperformance, and, more specifically, when the SERVICE
PROVIDER’s personnel fail to deliver to the CLIENT the proper service
defined in Article 2 above, the CLIENT shall undertake to urgently
inform the SERVICE PROVIDER, and to confirm in writing the nature of
grievances so that they can be remedied.
It may be that, given the volume (size of the site to be secured, large
number of materials to be secured, etc.) of work, it is technically
important to add the number of staff members on the site. In this case, the
SERVICE PROVIDER shall send a technical notice to the CLIENT,
justifying this addition.
If, despite this notice from the SERVICE PROVIDER, the CLIENT still
does not require to add other staff members, the SERVICE PROVIDER
shall not be held responsible for damages due to the insufficient number
of staff on the site.
It is understood that the SERVICE PROVIDER's staff may not be
replaced, temporarily or permanently at their workstation, without
providing detailed written information to the CLIENT, justifying the
failure to meet service obligations, or revealing noted bad behavior.
b. Any material damage (glasses, doors, broken windows, etc.) that may
result from an intervention will be the responsibility of the CLIENT.
The SERVICE PROVIDER shall only be liable to the CLIENT for
damages that result directly from the performance, the improper
performance, or the non-performance of his obligations.
The SERVICE PROVIDER is not responsible for loss or damage to
undeclared and unverified valuables or cash stored in closed places or
safes, for which the CLIENT alone holds the keys or controls the entries
and exits.
To cover the financial consequences of any civil liability, the SERVICE
PROVIDER shall take out civil liability insurance, the certificate of which
is attached hereto.
In this case, the CLIENT shall, within 24 hours, inform both judicial
police officers and the SERVICE PROVIDER of the damage and/or theft
so that the latter express any reservations regarding his liability.
The continuity of the electricity supply to the installation remains the
CLIENT's responsibility.
ARTICLE 9: MINIMUM SERVICE
In case of a work stoppage or strike by the employees assigned to monitor the
CLIENT’s site, the SERVICE PROVIDER shall, from the first day of the event
giving rise to the strike, provide a minimum service.
ARTICLE 10: SERVICE PROVIDER OBLIGATIONS
The SERVICE PROVIDER expressly acknowledges that all information
communicated to him by the CLIENT under this contract shall remain
confidential, and vice versa.
Wearing work clothes and having a professional card.
Wearing identifiable clothing is mandatory, it shall be supplied by the SERVICE
PROVIDER. This clothing must be sober and discreetly not be confused with a
military, police, gendarmerie, or any other governing’s body uniform.
Staff members must, while carrying out their duties, hold a professional card
stating their surname, first name and position, as well as the business name and
address of the SERVICE PROVIDER.
This card shall also bear a photograph of the holder. Showing the professional
card and/or wearing identifiable clothing is a condition of access to the site.
ARTICLE 11: CLIENT OBLIGATIONS
The CLIENT shall put the technical resources (electricity, etc.) at the disposal of
SERVICE PROVIDER, enabling him to perform his site guarding task. Should
the completion of the task require the installation of surveillance equipment, this
will be subject to different pricing.
The CLIENT shall grant the Company and its employees the right to use the
sanitary facilities, changing rooms and kitchen during the service hours.
The CLIENT shall submit his comments and suggestions to the SERVICE
PROVIDER. He must never use the staff members placed at his disposal outside
the duty stations or change their positions;
He shall never retrieve or hire the staff members for a personal and private
commitment, even after the termination of the contract, under penalty of labor
misappropriation;
He shall ensure the maintenance of site(s): doors, locks, gate, electricity, light
bulbs, etc.
If the contract concerns the security of a building site, the work safety measures
meeting construction standards (signals, indicators, instructions in case of
danger, safety cordon, safety ramp, etc.) shall be at the CLIENT’s responsibility.
He must print access badge(s) for his departments and visitors.
.
ARTICLE 12 : TAX SYSTEM AND PRICING
- Offer currency: Prices are indicated in USD including all taxes, unless
otherwise stipulated in this contract.
- Our invoices are payable in advance no later than the 5th of each month.
- Any failure to pay within the agreed term set forth above will incur,
without prejudice to the article relating to termination, late payment
interest of …% on unpaid invoice per day.
This interest will accrue, without prior notice, solely due to non-
compliance with payment deadlines, and this until full payment of
outstanding sums.
All costs related to the delay, which would have been incurred by the
SERVICE PROVIDER, shall be passed on to the CLIENT.
In addition to interest, if any amount is not paid when due, the SERVICE
PROVIDER shall send to the CLIENT a formal notice followed by a
judicial summons containing the breakdown of the amounts due.
If the judicial summons issued to recover the due amounts remains a dead
letter after 15 days, without it being necessary to resort to the payment
injunction procedure and other legal action, the parties agree that the
SERVICE PROVIDER must, upon simple request, apply to the President
of the Commercial Court of his (the CLIENT's) residence for an order
making the terms of said judicial summons enforceable, in order to
proceed directly to enforcement.
The pricing of service provision is defined as follows:
CATEGORY NUMBER UP TP
GUARD 250$
CP - - -
INSPECTOR - - -
RECEPTIONISTE
ARTICLE 13 : TERMINATION
In the event of non-performance of one of its obligations by the CLIENT, the
contract may be terminated fifteen (15) days after a formal notice has remained
fruitless and without need of a court order.
ARTICLE 14 : PERSONNEL-INSTRUCTIONS
a. Manager:
The SERVICE PROVIDER shall appoint a surveilllance manager as the sole
contact for the CLIENT's representative for all questions relating to the
organization and monitoring of the service.
This person shall be responsible for the supervision and discipline of the staff on
the site(s), the performance of the services and, in general, the execution of this
contract.
He will be the only person to report to the CLIENT on the proper functioning of
the services or any difficulties that may arise.
b. Staff Members:
Moreover, none of the SERVICE PROVIDER’s staff can leave his post without
being replaced. It is thus the responsibility of SERVICE PROVIDER to make
necessary staff replacements, particularly in the event of unplanned absences
(e.g. illness), while fully respecting the Labour Code provisions.
The staff members assigned by the SERVICE PROVIDER have a supervisory
and prevention role.
The SERVICE PROVIDER shall ensure that the personnel assigned to the
service have full knowledge of site constraints and surveillance missions to be
conducted.
The SERVICE PROVIDER shall cover the travel costs of surveillance personnel
(home-workplace), as well as the required operating costs according to the
service hours (clothing, meals).
Each staff member shall have a personal access card bearing his photograph. It
shall be strictly personal and cannot be used by any successor.
ARTICLE 15: INSURANCE
The SERVICE PROVIDER shall, at the time of signing the contract and
throughout its validity period, comply with the regulations and standards in
force, particularly in terms of work safety.
The SERVICE PROVIDER shall undertake to take out civil liability insurance
with a reputedly solvent company, which adequately covers its liability; this
insurance shall be maintained for the entire duration of the contract. The
SERVICE PROVIDER shall, upon request from the CLIENT, provide a copy of
this policy and a proof of regular payment of the corresponding premiums.
ARTICLE 16 : CONCILIATION – DISPUTES
If any difficulties arise during the execution of the contract, the parties may
resort to amicable settlement; if the dispute persists, the Congolese courts shall
have jurisdiction.
Done in two copies, on ….... /……. /……………...
THE SERVICE PROVIDER THE CLIENT
KIYANGA TSHIAMA ROZLYN Mr. ……………
