Security Sevices Agreement Standard - Writer Coeporate - Edit Yellow Part

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THIS AGREEMENT made and executed at Mumbai this _______ day of _________.

BETWEEN

WRITER BUSINESS SERVICES PVT LTD, a private limited Company registered


under the Companies Act 1956, as amended (the “Companies Act”) having its Register
address 105, P.N Writer Building, Dr. Babasaheb Ambedkar Road, Near Voltas Ltd,
Chinchpokli (E), Kalachowky, Mumbai 400099. and Corporate office at Star hub,
Ground floor, Tower 2, Airport Road, Ashok Nagar, Andheri east Mumbai 400099.
hereinafter referred to as “the Company”, which term shall include its representatives,
administrators, successors and assigns)

AND

TITAN SECURITY SERVICES AND LABOUR SUPPLY a private


limited/proprietorship/partnership company registered under the Companies Act, 1956
and having its registered office at SR 50/52/53A SHRIMANTGANESH KRUPA, FL
12 PL37 WALVEKAR NG, PUNE.PARVATI, PUNE, MAHARASHTRA hereinafter
referred to as “the Contractor” (which term shall unless repugnant to the context or
meaning thereof be deemed to mean and include heirs, representatives, administrators,
successors and assigns)

WHEREAS:

a) The Company is in the business of providing ATM and allied services, Cash in
Transit Services, Cash Pick-up Services, etc. to various banks and is desirous of
availing specialized services, for its business with a view to streamline its
operations and thereby provide fast, prompt and efficient services.

b) The Contractor has represented to the Company that it is carrying on the


business of providing Manpower services and for that purpose has in its
employment Supervisors, Security guards, Gunmen, Loaders, Drivers etc., and
has necessary expertise and infrastructure including trained personnel, security
arrangements, equipment’s, etc. to provide the said services to the Company.

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
c) The Company, at the request of the Contractor, has agreed to appoint the
Contractor for the purpose of supplying Gunmen/Security guards (hereinafter
referred as “the Services”) for various locations of the Company stated below
on the terms and conditions appearing hereinafter:

It is hereby agreed between both the parties as follows:

I Scope of Service:

The Contractor hereby agrees to provide the Company and the Company hereby agrees
to avail from the Contractor the services as detailed in the Schedule/ Annexure ‘’ hereto.

II Term and Termination:

1. This Agreement shall remain in force for an initial period of 12 months effective
from …….. to …………. unless terminated earlier by the Company, at any time by
giving written notice of 30 days to the Contractor. Notwithstanding what is stated
hereinabove, this agreement shall, stand terminated on the expiry of the term of this
Agreement. Unless the term is extended by way of renewal in writing before the expiry
of the term of this Agreement at the sole discretion of the Company.

2. The Company shall have a right to terminate this agreement with immediate
effect without assigning any reason thereto, if at any time during the term of this
agreement (I) the Company is informed or information comes to the Company’s
attention, or if it so decreed or adjudged by any court, tribunal or other authority, that
the Contractor is or may be in violation of any laws. (ii) in the event of any theft / loss
of cash / fraud/ robbery / dishonesty/ extortion / kidnapping / forgery / fraud /damages
or any dishonest acts wherein employee /employees/agents/subcontractors or
representatives of the Contractor is found to be responsible / part of crime / beneficiary
of the crime.

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
3. Notwithstanding anything herein contained, the Company may by giving
Fifteen (15) days notice in writing to the Contractor, terminate this Agreement under
any one or more of the following circumstances.
⮚ If the Contractor fails to perform the Services under this agreement or to observe
any of its obligations of this agreement
⮚ When it is found by the Company that while providing the said services the
Contractor has breached all or any of the provisions of this Agreement or any law in
force that is necessary and required to be followed by the Contractor for providing the
said services, then if in the discretion of Company that the same is not acceptable then
Company shall have the sole discretion to terminate this Agreement.
⮚ If the Contractor becomes insolvent or goes into liquidation, whether voluntary
or compulsory, or is unable to pay its debts as they become due or proposes or makes a
general assignment or arrangement or composition with or for the benefit of its creditors
or a receiver is appointed to take possession of all or substantially all of its assets or a
petition for insolvency is filed against the Contractor and such petition is not dismissed
within 90 days after filing.
⮚ If in the opinion of the Company the interest of the Contractor are jeopardized
in any manner whatsoever.
⮚ When neither of the parties hereto are in any position to perform all or any of
its obligations under this Agreement for more than 15 days which shall include a
situation arising out of an event of Force Majeure or otherwise which would be
considered to be a material breach of the provisions of this Agreement.
⮚ If the Contractor is unable to provide services as mentioned in this Agreement
due to work stoppage slow down, labor dispute, strike, lockout or other labor related
disruption continues for a period of more than three days.
⮚ If the Company finds that the Contractor has engaged any person performing
the services with a criminal record/conviction.
⮚ If the Contractor fails to comply with any of the obligations as mentioned in
Clause IV hereto.

4. In the event of expiry/early termination, the Company will clear all dues to the
Contractor after deducting costs, damages, recoveries, penalties, fines, any payments
due to statutory/regulatory authorities etc., if any within prescribed time limit and the
Contractor will hand over all properties immediately of the Company in possession of

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
all employees. In the event, where all properties / belongings of the Company are not
surrendered, the Company reserves further right to deduct such amounts from
outstanding dues of the Contractor.

5. It is hereby agreed and understood by the parties that the provisions of this
section shall not limit or restrict, nor shall they preclude the Company from pursuing
such further and other legal actions against Contractor for any breach or non-
compliance of the terms of this agreement

III Consideration:

1. The Company agrees to pay the charges stated hereunder for the said services
to the Contractor:
a. For Gunmen/Security guards Rs. _______/- per month for __ hours. For 26
days.
b. GST, if applicable will be shown separately in the bill.
c. The overtime rate per hour will be Rs …after ….. hours of services (including
Lunch Break)

2. Monthly bills / Debit Notes / Credit Notes for providing the said services will
be raised by the Contractor on the Company within 7 days of the subsequent month
with details and the same to be paid by the Company within 60 days from receiving
bills after deducting tax deducted at source as applicable and any other costs, damages,
recoveries, penalties, recoveries, fines, any payments due to statutory/regulatory
authorities, etc.

3. The rates for any new or additional service will be discussed and mutually
agreed. Such rate agreement will be by an exchange of letters and will form a part of
this agreement.

4. Company can set off against / deduct / recover from the aforesaid charges and
any other sums payable by Company to the Contractor at any time in respect of any
amount due or claimed to be due to Company or any statutory or regulatory bodies by
the Contractor.

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
5. In case of any cash loss / shortage / theft/ or any other act by the employee of
the Contractor, wherein the Company is put to loss, then the following shall apply:

a. Company shall have the right to hold the outstanding invoices payable to
Contractor until such time Company is made good the loss suffered. The Company shall
also have the right to set off against the outstanding invoices and further invoices until
expiry or termination of this Agreement such amount as the Company may deem fit to
make good the loss suffered.
b. Where the Company has taken insurance on behalf of the Contractor, then the
Company shall lodge a claim with its Insurance Company. Company shall have right
to deduct the actual deductions made by the insurance company while settling insurance
claim amount as per insurance policy from the payment of the Contractor and until such
time the Insurance Company has settled the claim, the Company shall have the right to
hold any and all payments to the Contractor. And in case the claim of the Company is
rejected by the Insurance Company, then Company shall also have the right to set off
against the outstanding invoices and further invoices until expiry or termination of this
Agreement such amount as the Company may deem fit to make good the loss suffered.

6. The Contractor shall deduct applicable taxes at source if required under law;

(a) In case the Contractor is unregistered with the Goods and Services Tax Network
(GSTN), then the Contractor shall provide a copy of its PAN card to Company for the
purpose of reporting requirements and compliances. In case the GSTN details are not
provided by the Contractor initially and subsequently any revised details are made
available, appropriate measures shall be taken by for recovery of the same of any un-
collected taxes.

(b) The Contractor shall not dispute the billing details (address and GSTIN)
provided by Company in the purchase order.
(c) The Contractor shall provide Company with the following information:
(1) Harmonized System Nomenclature Code number of the relevant
goods/services.
(2) Services accounting code of the relevant goods/services.

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
(d) Company reserves its right to withhold payment in entirely till the compliance
of the following:
(i) Invoice details being appropriately reflected in GSTR-2 and payment of GST is
made; or
(ii) If not reflected in GSTR-2, amendments made by Company in its GSTR-2 are
accepted by the Contractor and payment of GST is made; or
(iii) In case GST is not paid by the vendor to the Government authorities, then the
same can be deducted from subsequent payments, if credit is not available. However,
if no subsequent payments are due, the credit shall be recovered separately from the
Contractor.
(e) The Contractor shall send all invoices, debit notes and credit notes to Company
as per clause III (2).
(f) The Contractor will be liable to comply with all the compliances as may be
prescribed to ensure that the compliance rating is not reduced below the prescribed limit
as laid down under section 149 of the CGST Act, 2017. Notwithstanding anything else
contained in the agreement, in the event of compliance rating reducing below the
prescribed limit, the amount related to tax will be liable to be paid only on receipt of
input tax credit.

(g) In case any credit is not received, or short credit is received or in case of any
error because of which no credit is received then such credit or short credit is not liable
to be paid by the Company. In case, any such amount is paid by Company, such
amounts shall be recoverable from the Contractor and/or adjustable against subsequent
payments.

(h) In terms of section 37, 38 and 39 of CGST Act, 2017, i.e. for monthly filing of
Form GSTR-1 (details of outward supply), GSTR-2 (details of inward supply) and
GSTR -3 (monthly return) respectively, Contractor and Company shall agree to share
information which would be uploaded by Contractor in their GSTR-1 and information
of input tax credit to be claimed by Company in such month. The said information shall
be shared within 1 working day following the due date to file the GSTR1 as per
regulations for the respective invoice.

(i) Unless otherwise specified by the Contractor, the charges exclude any taxes

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
including the Goods and Services Tax (“GST”)), under the relevant legislation.

(j) Company has agreed to accept the credit notes/ debit notes raised by the
Contractor in case of any mismatches.

(k) Company shall bear the tax implication for late acceptance of such credit `notes
as reversal of such credit note claimed by the Contractor would have interest
implication.

(l) The address of Company as above shall be the controlling location for all
operational purposes. Contractor shall deal with the controlling location only for service
provision, invoicing requirements, payment co-ordination and any other action arising
out of this Agreement.

The Contractor could specify the location of the company, whether Register Office or
the corporate office, with mutual discussions with Company from time to time for the
purpose of billing to it for services provided with respect to this agreement.

IV Obligations of Contractor:

1. The Contractor shall provide all its representatives and employees connected
with the performing of the various activities/duties under this Agreement with identity
cards which are to be carried at all times and shall be displayed prominently by the
employees and/or representatives of the Contractor and the same shall be produced to
the authorized representative of the Company as and when the same is demanded. If
the employee and/or representative of the Contractor fail to produce the identity card
as and when demanded by the authorized representative of Company, then Company
shall report of such incidence to Contractor in writing. Upon receipt of the notice
Contractor shall take strict action against the employee and/or representative.

2. The Contractor shall provide Gunmen/Security guards as per the Company’s


requirement for Company owned vehicles or hired vehicles and transported by the
company’s Vans etc., for escorting the cash and staff for ATM and allied services, Cash
in Transit Services, Cash Pick-up Services, etc. of the Company to various banks and
its customers. The detailed scope of services will be provided by the Company to the
Contractor by way of Schedule/Annexure. The Contractor shall submit full details of
all the Gunmen/Security guards as detailed in Annexure A.

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
3. The Contractor shall engage requisite number of personnel in its permanent
employment on the direct payroll of the Contractor to facilitate rendering of the said
services in an efficient and timely manner besides employing sufficient supervisory
personnel to supervise the work of its employees. It is hereby clarified for abundant
caution that all personnel shall be on the direct payroll of the Contractor and shall not
be outsourced from any person or contractor. Further, the Company shall be provided
on demand with sufficient proof in relation to the aforesaid, including without
limitation, copies of appointment letters, proof of payment of statutory benefits like
Provident Fund and Employee State Insurance.

4. The Contractor shall be responsible and liable for payments of salaries,


provident funds and other dues of the employees who are employed by it for rendering
the said services and shall maintain books of accounts, records, documents, etc., and
comply with all statutes, rules and regulations applicable to it or employees employed
by it for fulfillment of the terms of this Agreement. Nothing in this Agreement shall be
deemed to make such employees as employees of the Company.

5. The Contractor shall fully comply with all legislative, regulatory and/or other
government requirements, as required, and further undertakes that being completely
responsible and liable in all respects for and to its authorized representatives, it shall
timely pay, make good and settle all salaries, wages, benefits, compensation and claims
relating to and/or in respect of the authorized representatives, and that Company shall
not be construed to be the principal employer in respect of the authorized
representatives of Contractor either under the Contract Labour (Regulation and
Abolition) Act, 1970 and any other applicable laws there under or otherwise.
Contractor acknowledges and agrees that there is not and will not be any indirect or
direct relationship between Company and the authorized representatives of Contractor.

6. In case shortfall of manpower arises due to sickness, short leave / long leave or
any other reasons whatsoever the deficit of manpower will be immediately substituted
by the Contractor at no extra cost to the Company. Additional Gunmen/Security guards
will be posted to meet emergency situation on specific demand of the Company at
existing rates.

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
7. The Contractor shall conduct and maintain adequate records of detailed
verification of authenticity of Police verification, Health checkup of all employees. All
cost and expenses relating to the same shall be borne by the Contractor. The Company
reserves a right to conduct surprise audits of personnel and records and may call for any
such records for verification.
7 (a) Contractor as per MHA guidelines shall use at its own resources to conduct
physical verification of the address of the residential address of the individual including
general conduct, check and the individual shall furnish to the security agency the proof
of residential address of at least three years before appointment or engagement for the
cash transportation activities.
7 (b) The contractor shall have its own resources to conduct reference check with the
previous employer of the individual id any.
7 (c) The contractor shall verify each individual Aadhar verification of each individual
appointed or engaged for the cash transportation activities shall be antecedent verified
through aadhar number from UID of India.
7 (d) The contractor shall conduct the credit history check of every individual
appointed or engaged to ensure that wilful credit defaulters are not appointed or
engaged for the cash transportation activities.
7 (e) The contractor shall obtain fidelity insurance in respect of every personal
appointed or engaged for the cash transportation activities.

8. Subject to the terms of this Agreement, the Contractor shall be responsible for
the selection, hiring, assigning and supervision of the Personnel and shall employ
sufficient number of Personnel to provide the Services in a prompt and efficient
manner. The Contractor agrees that the Personnel shall work under the supervision,
control, and direction of the Company. The Contractor shall be responsible for all
negotiations with Personnel relation to salaries and benefits, and shall be responsible
for assessments and monitoring of performance and for all disciplinary matters;

9. The Contractor will be held liable for all cash losses and shortages: (a) resulting
from wholly or partially from any deliberate, negligent act, errors and omissions by its
employees / representatives; (b) resulting due to deliberate, conscious or intentional

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
disregard of the administrative instructions or code procedure of the Company and if
such breach is committed with the SOP/Knowledge of the Contractor and (c) Any other
loss and shortage arising on the part of the Contractor and / or the Contractor’s
employee / representative in the course of work. The contractor agrees to reimburse
cash losses/shortages arisen due to negligent act of their Gunmen/Security guards
within 7 days from the date of incidence.

10. The Contractor shall take necessary permissions in case of elections, strikes, etc
from appropriate authorities so that the operations are not affected.

11. The Contractor shall also be liable for penalties as mentioned in Annexure B.

12. The Contractor is registered with PF and ESI Corporation, the registration
numbers are as given below:
ESIC NO. : 33000674170001099
PF NO. : PUPUN1989555000
PT NO. : 99253305983P
PAN NO. : AKTPM5395B
GST NO. : 27AKTPM5395B1ZP

V Independent Contractor

This Agreement is on a principal-to-principal basis between the Parties hereto. Nothing


contained in this Agreement shall be construed or deemed to create any association,
partnership or joint venture or employer-employee relationship or principal-agent
relationship in any manner whatsoever between the parties. The Contractor
acknowledges that its rendering of services is solely within its own control, subject to
the terms and conditions agreed upon and agrees not to hold itself out to be an
employee, agent or servant of the Company or any subsidiary or affiliate thereof.

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
VI Indemnity

The Contractor undertakes to indemnify the Company and hold its employees /
representatives / Directors harmless from, any loss, expenses (including reasonable
attorney’s fees and court costs), damage or liability arising out of any claim, demand
or suit resulting from (a) a breach of any of the terms of this Agreement, (b) the failure
of the Contractor to submit/file statutory requirements like ESIC, PF, PT, GST etc. (c)
the failure of the Contractor to have all permissions, licenses, rights and authority
necessary in order to fulfill or perform its obligations pursuant to entering into this
Agreement in compliance with applicable laws; any improper or negligent
performance, work, service, act or omission by the Contractor or any theft, robbery,
fraud or other wrongful act by the Contractor or by any of its officers, employees, staff
members, agents, representatives or other persons controlled by the Contractor. (d)
Cash losses / shortages or any such acts of the employee of the contractor.

VII Insurance:

1. The Contractor at all times to take, at its own costs insurance policies for
adequate amounts against dishonesty, theft, extortion, robbery, forgery, altered
documents, fraud, kidnapping, fidelity, negligence and/or any other dishonest acts on
the part of the Contractor’s employees or agents/subcontractor’s or representatives of
the Contractor. In the event, wherein the Contractor has taken its own fidelity guarantee
insurance, the Contractor shall submit the copy of valid insurance to the Company. The
contractor shall also submit the copy of renewal of policy from time to time upto the
expiry or early termination of the said agreement. The Insurance will be in the name of
the Contractor and the Company shall be the sole beneficiary of the policy.

2. The Contractor at all times shall maintain Personal accident insurance cover /
worker’s compensation insurance for all employees on the payroll of the Contractor to
cover any accidental death / injury / permanent or temporary disability while doing the
duty for the Company. In no case, the Company will be held liable for any death / injury
/ accident to Contractor’s employees while discharging the duty.

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
3. In the event of any damages / injury to the property of the Company or its client
caused by employee of the Contractor, the Contractor will be held liable for the
damages / injury caused by the employee of the Contractor.

4. In the event of any theft / loss of cash/ fraud/ robbery/dishonesty/ extortion/


kidnapping /forgery/fraud/ or any dishonest acts wherein employee
/employees/agents/subcontractors or representatives of the Contractor are found to be
responsible / part of crime / main beneficiary of the crime by an investigating agency,
the amount of standard deduction done by the insurance company shall be recovered
from the Contractor and the Company has the right to hold the Contractor liable for the
infidelity of employees of the Contractor.
In case the Contractor is not able to obtain the insurances as mentioned above, then the
Company shall take appropriate insurance on behalf of the Contractor and the
Contractor shall reimburse the Company the premiums paid.

5. The Contractor shall furnish to the Company a certificate of insurance showing


coverage in such amounts and, if the policies are to be cancelled, renewed or materially
altered as to affect coverage for the Company, provide at least thirty (30) days written
notice prior to any such cancellation, renewal or alteration. If Contractor fails to take
the insurance policy for the term of this agreement against fidelity and any other losses,
then he shall provide separate written communication to the Company, and that
communication shall be part and parcel of this agreement. Contractor’s failure to
comply with the terms of this Clause shall be considered a breach of this Agreement.
In case of absence of insurance if any liability occurs, the responsibility of settling all
claims within seven days will be the sole responsibility of the Contractor.

VIII Contractors Representations and Warranties

The Contractor represents and warrants as follows:

1. That it has procured all the necessary permissions, licenses and/or any other
sanctions that are essential for it to fulfill and perform the providing of the said services
under the terms of this Agreement to Company regularly and uninterruptedly.

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
2. It has not been disqualified, banned and/or prevented by any order of any court
or judicial or quasi-judicial authority or government or quasi government body whereby
it cannot provide and/or perform its obligations under the provisions of this Agreement
and that it shall in the event of any suit or legal proceedings initiated against it pertaining
to its constitution or providing or performing of any service then it shall immediately
notify Company in writing.
3. The Contractor represents and warrants that they have complied with all the
necessary and statutory licenses with respect to gun licenses and shall defend/indemnify
the Company, its employees and Directors against any actions that may be initiated for
non-compliance of the said Act and the Rules and shall also liable to such action as the
Company may deem fit and proper

IX Sub Contract and Assigns:

1. The Contractor shall not assign or subcontract any of its responsibilities


contained in this Agreement to any of its agent, sub-agent or subcontractor without
prior written permission of the Company, which the Company may deny at its absolute
discretion and if Company give such prior written permission, it shall not construed as
a waiver of any accrued rights and/or liabilities and the Contractor shall be fully
responsible for all acts and omissions of its contractors, sub-contractors or agents. The
Company can assign or subcontract any of its responsibilities contained in this
Agreement to any of its affiliates, company, group of Company, agent, sub-agent or
subcontractor. Such assignment shall be intimated to the contractor.

2. Nothing in this Agreement shall be construed as creating any contractual or


other relationship between the Company and any such contractors, sub-contractor or
agents, nor any obligation on the part of the Company to pay or see to the payment of
any money due to any contractors, sub-contractor or agents.

X Legal Compliance:

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
1. The Contractor confirms that it has a license or it shall obtain a license under
the Contract Labor (Regulation and Abolition) Act, 1970, if applicable, and shall
comply with the provisions thereon and shall defend/indemnify the Company, its
employees and Directors against any actions that may be initiated for non-compliance
of the said Act and the Rules and shall also liable to such action as the Company may
deem fit and proper

2. The Contractor agrees that it shall comply with all applicable union, state and
local laws, ordinances, regulations and codes in performing its obligations hereunder,
including the procurement of licenses, permits and certificates and payment of taxes
where required. If at any time during the term of this Agreement, the Company is
informed or it is brought to the notice of the Company that the Contractor is or may be
in violation of any law, ordinance, regulation, or code (or if it is so decreed or adjudged
by any court, tribunal or other authority), the Company shall be entitled to terminate
this Agreement with immediate effect without assigning any reasons.

XI Arbitration

In case of any dispute or differences or question arises between the parties both the
parties shall resolve the dispute mutually. If the dispute does not get resolved mutually,
then the same shall be referred to the arbitration to the sole arbitrator to be appointed
by the Company, who shall be HOD or any senior authority personnel of the Company
under the provision of Arbitration & Conciliation Act,1996. The award shall be made
final and binding on both the parties. The cost reference and award shall be shared
equally by both the parties.

XII GOVERNING LAW


This Agreement shall be governed by and construed in accordance with the laws of
India and all court in Mumbai shall have the exclusive jurisdiction.

XIII The Contractor hereby represents and warrants that the Contractor shall
mandatorily undertake all of the preventive and precautionary measures required in
order to ensure the prevention of the spread of COVID 19 Virus, in strict compliance

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
with the guidelines, instructions and notifications issued by the Government from time
to time, including but not limited to providing all their employees with masks and
sanitizers. The Contractor shall also be solely responsible for ensuring that each of its
employees and personnel remain in strict compliance with the aforesaid guidelines,
instructions, and notifications. The Contractor shall be required to keep itself updated
with any additional or increased precautionary measures that the Government may issue
from time to time, and the Contractor shall not be entitled to claim non-awareness of
these guidelines at any point of time. The Contractor shall suitably indemnify and hold
harmless the Company from any claims, proceedings, actions, suits instituted, or any
losses, expenses or damages suffered as a result of non-compliance by the Contractor
or any of its employees or personnel of the obligations set out under this clause.

In witness whereof the parties hereto have executed these as presence on the day and
date first hereinabove written.

Signed and Delivered by


Within named party of the First Part
For and on behalf of
Writer Business Services Pvt. Ltd.

Witnesses:

Signed and Delivered by


Within named party of the Second Part
For and on behalf of
TITAN SECURIY SERVICES & LABOUR SUPPLY

__________________________
Witnesses:

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
Annexure ‘A’

Scope of Services
1. The Contractor covenants to the Company that the business operations of the
Company are vital for the satisfaction of its Customers/Clients and moreover the
smooth functioning of which forms an essential ingredient of the economy of the nation.
The Contractor shall therefore provide Security Guards on all the days in the month to
the Company to enable it to discharge its duties towards its Customers without any
encumbrance and agrees to give staggered weekly offs to the Security Guards. And
shall replace another security guards in place of the security guard who is on weekly
offs
2. The Gunman must ensure that his weapon has been fully loaded and the safety
catch secured prior to leaving the WBS Office. - add" The gunman should possess a
minimum of 6 to 7 bullets."
3. Gunmen should be alert at all times and must unconditionally obey all
instructions given to them by the ATMO’s
4. Gunmen should periodically check the vehicle for any suspicious/ unidentified
objects and report the same to the ATMO.
5. One Gunman should exit the vehicle first and inspect the surroundings at the
site to ensure that the site is clear of customers and there are no suspicious movements
near the site. Once he is satisfied he can give go ahead to disembark from the vehicle
and proceed to the site. -
6. In case of a single gunman/guard - during transit he must be seated at the rear
of the vehicle to safeguard the cash trunk.
7. In case of 2 gunmen/guards - during transit 1 gunman sits in the front with the
driver, whereas the 2nd gunman sits at the rear along with custodians and security chest.

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
8. One Gunman should escort the ATMO’s carrying the cash to the ATM site and
stand close to the ATM shutter at all times. - In case of a single gunman/guard -ATMO
instructs the gunman position (ATM or outside vehicle) considering the cash volume
whichever is higher.
9. Second Gunman (where 2 gunmen are required) should stand /guard close to
the vehicle at all times. In addition he must ensure that the vehicle is locked / secured.
- In case of 2 gunmen/guards -1 gunman after closing the cash compartment escorts
ATMO and stands outside the ATM site. 2nd should be seated inside the vehicle and
guard the vehicle by scanning around for any potential threats.
10. The armed guards should not carry anything other than the weapon and should
always have their hands free for use of arms in case the need arises.
11. All gunmen must ensure that their licenses are valid and that they carry it with
them at all times. - to add "They may carry original or photocopy of the license
depending upon state law."
12. The guards must not indulge in any conversations or other activities while the
ATM operations are going on.
13. The gun must not be left unattended under any circumstances including nature
calls. This applies to both route and vault duty.
14. The gunman must not leave the vehicle or their positions even for nature's call
without the consent of the ATMO/s.
15. The gunman must not sleep, spit, smoke, chew tobacco/paan or be under the
influence of alcohol while on duty.
16. A file containing the inventory status of the ammunition procured for a specific
period 6 months/ 12 months with details like rounds of ammunition used and reasons
for the usage.
17. A record of profiles and skills of all the armed guards under his supervision.
18. A record of specifications of all the licensed arms under his supervision.
19. Each gunman or the contractor shall provide valid PVR and ID proofs and the
same must be submitted along with the agreement. Failure to provide the documents
bills shall be kept on hold till the submission of the requested PVR and Id proofs.

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
20. Take an appointment at the nearest available firing range to test the arms and
armed guards.
21. Organise the armed guards in batches to go to the range (depending on their
availability on that day).
22. Test the arms by firing to ensure the safety of the weapons in use and whether
any maintenance/ repair is required.
23. Test the armed guard’s skill for aim, safety and responsibility in handling the
weapons.
24. Ensure use of the ammunition nearing the expired date.
25. Ensure all gunmen/guards have been given proper training for cash van
operations. E.g. proper escort, proper frisking. The contractor shall every person/guards
appointed or engaged for the cash transportation activities shall be imparted as per
MHA guidelines - (a) The training and certified for the security and safe handling of
such activities as per the requirements of training laid down by the MHA guidelines
(second schedule). (b) refresher training once every two years.
26. Ensure every gunman carries a valid agency ID card while on route.
27. Ensure every new gunman to produce a posting letter at the time of reporting to
the branch.
28. Submit a complete report to Operation Manager on the above annual test
results. - to replace Operation Manager with (Branch Head / Area head).
29. Age of the security guard/gunman should not be more than 58 years with proper
eyesight and physically strong.

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
Details of Security Guards:-

PERSONAL PARTICULARS GUARDS

Security Company (Agency) Name -


Full Name -
Date of Birth -
Permanent Address with State -
Three persons to be contacted in case of emergency (Name, Address and contact No)
Present Address with contact No. -
Arm License No -
Date of Issue -
Validity -
Purpose -
Jurisdiction of A/License/Issue - City
- State
- All India
Weather endorsed in Mumbai (Yes/No) -
Last Firing Carried Out Date -
Any Mishap since Arm License granted -
Since when working with this security agency -
Last security agency served & reason for leaving -

I shall not indulge into any illegal activities which will be harmful to the business of
M/s Writer Business Services Pvt. Ltd. And if found may be dealt legally

Date: - Signature

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
Sr. No Particulars Penalty
1 Statutory
a) PF- ESIC dues not paid by Gunman agency Payment to be on hold to the extent
of actual PF- ESIC amount
b) GST collected but not paid to the Govt. Payment to be kept on hold
2 PROCESS VIOLATION
a) Gunman not coming out of vehicle }
b) Gunman not standing next of vehicle }
c) Gunman not standing next of the ATM }
d) Gunman leaving gun inside the vehicle }
e) Gunman indulges in conversations or other }
activities while the ATM operations are going on. }
f) Gunman leaves the vehicle or positions for }
nature call without the consent of the ATMO's }
g) Gunmen reports to duty under the influence of }
alcohol }
h) Gunman sleeping on Duty } Rs.500/- per instance
i) Weapon license not obtained/renewed }
j) Does not have minimum 6 round of }
ammunition }
k) Agency does not provide adequate manpower }
}
}—Rs 1400/- per gunmen, per day
per instance
}
3 In case of loot – process violation is established
a) If gunman for the agency robs/loots the money
b) Gun man agency does not provide adequate Agency needs to keep two blank
manpower cheques or Bank Guarantee and bills
to be on hold.
c) On account of gunman carelessness loot
happens
⮚ Weapon is not loaded and the safety catch
secured prior to leaving the WBSPL office Agency needs to keep a BG or FD of
⮚ Gunmen is not alert and does not Rs.50 lacs and bills to be on hold or
unconditionally obey the instructions given by the the agency to reimburse the actual
ATMs loss incase Insurance Co. rejects the
⮚ One gunman does not escort the ATMO case.
carrying the cash to the ATM site and does not stand
close to ATM shutter during the incident
⮚ The second gunmen does not stand /guard
close to the vehicle and does not ensure if the vehicle
is locked/secured
⮚ If the gunman does not carry the gun or does
not have minimum 6 rounds of ammunition with them
during the atm replenishment and city

4 Damage /loss or destruction of WBSPL or clients Gunman agency to bear the actual
Property due to negligence, lack of due care loss or repair cost /Addition
Rs.10,000/- per incident

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
5 Injury to employees of WBSPL or misconduct of Gunman agency to bear the actual
gunman cost of Hospitalization/ Addition (or)
Rs.10,000/- per incident

6 OTHERS
a)Appearance Rs.100/- per instance
⮚ Unshaven/improperly shaven appearance
during work hours/workplace in the course of business
activity
⮚ Untidy appearance that means unkempt hair,
unwashed face, odorous appearance.
b) Uniform
⮚ shabbily clothed
⮚ shirt sleeves rolled up Rs.100/- per instance
⮚ clothes not ironed
⮚ socks not worn
⮚ unpolished shoes
⮚ tie not worn or worn shabbily

c)Punctuality as required by Location –in-charge Rs.500/- per instance


⮚ Late –coming
⮚ Uninformed absenteeism
⮚ Irregularity in attendance

d) Gunman not following orders of Operation Dept. Rs.500/- per instance

e) Not following procedures as per “Annexure A” Rs.500/- per instance

f)Non submission of records Rs.500/- per instance


Bill payment will be kept on hold

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09
Annexure A

Sr. No. Location Category Duty Hrs. Rate (Per OT Rate


Month)
1 SURAT GUNMEN 8:30 21500 Per Day Rate /
8:30 Hr
2 GUJARAT GUNMEN 8:30 18076 Per Day Rate /
8:30 Hr
3 GUJARAT SECURITY GUARD 8:30 12012 Per Day Rate /
8:30 Hr

4 GUJARAT AIR GUNMEN 8:30 14000 Per Day Rate /


8:30 Hr

Add.: S.No. 47/30 C, Jamsunder Apartment, Flat No.2, Aranyeshwar,


Taware Colony, Sahakar Nagar, Pune - 09

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