Consultancy Contract With Comments

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CONTRACT FOR CONSULTANCY SERVICES

KNOWN ALL MEN BY THESE PRESENTS:

This work Contract is made and entered into by and between the parties
stipulated and collectively referred to as “THE PARTIES” herein:

The DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES-


ECOSYSTEMS RESEARCH AND DEVELOPMENT BUREAU (DENR-
ERDB) - a staff bureau responsible in the provision of appropriate
technology and information through research, development and extension
towards the enhanced productivity and sustainability of natural resources
and protection of the environment for the improvement of the quality of
life of the Filipinos, and existing under Executive Order 192, with office
address at College, Los Baños, Laguna., represented herein by Director
MARIA LOURDES G. FERRER hereinafter referred to as the “FIRST
PARTY”;

-and-

DR. GEM B. CASTILLO of legal age, with residence address at ______,


herein referred to as the “SECOND PARTY”.

WITNESSETH:

WHEREAS, the FIRST PARTY is in need of the services related to the review of
the Manual on Physical Accounting and Valuation of Ecosystem
Services;

WHEREAS, the SECOND PARTY has the requisite expertise and experience to
provide the services described herein;

WHEREAS, the SECOND PARTY has signified his intention, to which the FIRST
PARTY has accepted, to provide the services needed by the latter;

WHEREAS, the SECOND PARTY hereby possesses the education, experience


and skills required to perform the job described herein;

WHEREAS, in accordance with the Civil Service Commission Memorandum


Circular No. 17, Series of 2002, the SECOND PARTY is (1) not hired to perform
functions pertaining to vacant regular plantilla positions; (2) not required to
report to the office to render service from 8:00 to 5:00 pm or for forty (40) hours
per week; (3) not entitled to benefits enjoyed by government employees such as
ACA, PERA and RATA and other benefits given by the FIRST PARTY, such as mid-
year bonus, productivity incentive, Christmas bonus and cash gifts;

WHEREAS, pursuant to the aforementioned CSC Memorandum Circular, the


SECOND PARTY’s conduct and performance shall be evaluated and placed under
the direct supervision of the FIRST PARTY; that the SECOND PARTY has not been
previously dismissed from the service due to the commission of an
administrative offense; that the SECOND PARTY is not covered under the rules of
nepotism; and that the services rendered hereof are not considered as
government services;

WHEREAS, the provisions set forth under this Contract are pursuant to the
approved Terms of Reference for the review of the above cited manual;
WHEREAS, the FIRST PARTY has sufficient funds to cover the said services.

NOW, THEREFORE, in consideration of the mutual covenants and agreements


contained herein, the parties agree as follows:

Section 1. Scope of Services

The Second Party shall provide the following services:

1. Conduct a thorough review of the manual, focusing on the


following areas:

1.1 Review the scientific accuracy, and relevance of the information


provided.
1.2 Evaluate the methods proposed for physical accounting and
valuation of ecosystem services.
1.3 Assess the readability and accessibility of the manual for its
intended audience.
1.4 Practical Applicability: Analyze the feasibility of implementing the
recommended practices in real-world scenarios.
2. Directly revise and finalize the manual based on the review.

Section 2. Compensation

The First Party and Second Party agreed to the total contract cost of
Fifty thousand pesos (Php50,000.00), which includes all fees associated
with the review and finalization process, including any necessary travel
expenses and materials (should there be any).

For services rendered under this Contract, the SECOND PARTY shall
receive a nominal compensation of Fifty thousand pesos (Php50,000.00),
within seven (7) days upon submission and acceptance of the final report
and presentation of findings, subject to usual accounting and auditing
rules and regulations.

Section 3. Terms of the Contract

This Contract shall commence on the date it is notarized and shall


continue until the completion of the Services, which is anticipated to be
on or _______ unless terminated earlier in accordance with the provisions
of this Contract.

Section 4. Confidentiality

The Second Party agrees to maintain confidentiality regarding the


manual and any related materials or discussions throughout the course of
this agreement.

Section 5. Termination

Either party may terminate this Contract for any reason upon
providing written notice to the other party at least fifteen days in
advance. In the event of termination, the Second Party shall be
compensated for all Services performed up to the date of termination.
Section 6. Amendment

This Contract may only be amended or modified by a written


agreement signed by both parties.

Section 7. Other Provisions

a. Neither of the PARTIES will be liable or deemed to be in default for any delays
or failure in performance resulting directly or indirectly from any cause or
circumstance beyond its reasonable control, including but not limited to acts of
God, war, riot, embargoes, acts of civil or military authority, rain, fire, flood,
accidents, earthquake(s), strikes or labor shortages, transportation facilities
shortages or failures of equipment, or failures of the Internet;

b. Neither of the PARTIES may assign any rights arising from this Agreement to
any third party without written consent or notice thereof;

c. If any term or condition of this Agreement is found by a court of competent


jurisdiction or administrative agency to be invalid or unenforceable, the
remaining terms and conditions thereof shall remain in full force and effect so
long as a valid Agreement is in effect;
d. This contract shall be subjected to the existing administrative, auditing and
accounting rules and regulations.

Failure of any of the Parties to comply with its obligation in good faith shall entitle the
aggrieved party for the payment of damages.

IN WITNESS HEREOF, the parties hereunto affix their signature on this day
of ________________in _____________Philippines.

For the Ecosystems Research and


Development Bureau

MARIA LOURDES G. FERRER, CESO III GEM B. CASTILLO, Ph.D.


First Party Second Party

SIGNED IN THE PRESENCE OF:

CONRADO B. MARQUEZ EMMANUEL M.


CUISON
OIC-Assistant Director
Chief, AFMD

REPUBLIC OF THE PHILIPPINES)


___________________________ ) S.S.
ACKNOWLEDGEMENT

BEFORE ME, a Notary Public for and in the above jurisdiction,


personally appeared the following:

NAME COMMUNITY TAX


DATE/PLACE
CERT. NO. ISSUED

MARIA LOURDES G. FERRER, CESO III

GEM B. CASTILLO, Ph. D.

Known to me to be the same persons who executed the foregoing


instrument and acknowledged to me that the same is their own free will and
voluntary act and deed.

This instrument consists of three (3) pages including this page


wherein this Acknowledgment is written, and is signed by the parties and
their instrumental witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL, this _____ day of ________ 2024 at


___________, Philippines.

_____________________

Doc. No. _______:


Page No. _______:
Book No. _______:
Series of _______.

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