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Contract Sample - COS

This document is a Contract of Services between the Department of the Interior and Local Government (DILG) and Marjorie P. Ramirez, effective from July 01, 2022, to December 31, 2022, for the position of Development Management Officer III. The contract outlines the obligations of both parties, including the provision of professional services by the Second Party and the compensation of PHP 43,681.00 per month by the First Party, along with terms regarding confidentiality and termination. Additionally, it specifies the expected outputs, work schedule, and conditions for reimbursement of travel expenses.

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0% found this document useful (0 votes)
207 views8 pages

Contract Sample - COS

This document is a Contract of Services between the Department of the Interior and Local Government (DILG) and Marjorie P. Ramirez, effective from July 01, 2022, to December 31, 2022, for the position of Development Management Officer III. The contract outlines the obligations of both parties, including the provision of professional services by the Second Party and the compensation of PHP 43,681.00 per month by the First Party, along with terms regarding confidentiality and termination. Additionally, it specifies the expected outputs, work schedule, and conditions for reimbursement of travel expenses.

Uploaded by

Aldrin Nolasco
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT


REGION 2
Regional Government Center, Carig Sur, Tuguegarao City, Cagayan
http://region2.dilg.gov.ph

CONTRACT OF SERVICES
July 01, 2022 to December 31, 2022

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF SERVICES is being made and entered into by


and between:

The DEPARTMENT OF THE INTERIOR AND LOCAL


GOVERNMENT [DILG], with office address at #3 Dalan na Imammo Cor.
Pavvurulun, Regional Government Center, Carig Sur, Tuguegarao City,
Cagayan, represented by REGIONAL DIRECTOR JONATHAN PAUL M.
LEUSEN, JR., CESO III referred to as the FIRST PARTY.

-and-

MARJORIE P. RAMIREZ, of legal age, Filipino, and a resident of


Tuguegarao City, Cagayan hereinafter referred to as the DEVELOPMENT
MANAGEMENT OFFICER III (DMO III) /SECOND PARTY.

WITNESSETH

WHEREAS, the FIRST PARTY is in need of services not otherwise


being performed by the regular employees of the FIRST PARTY;

WHEREAS, the SECOND PARTY represents that he/she possesses


the education, experience, and skills to perform the required services as
DMO III the DILG Regional Office 2-Local Government Capability
Development Division (LGCDD), and to which offer the SECOND PARTY
accepts, subject to the terms and conditions set forth herein;

NOW, THEREFORE, for and in consideration of the foregoing premise,


the parties hereto have agreed and hereby agrees on the following terms:

A. OBLIGATIONS OF THE SECOND PARTY

1. The SECOND PARTY as DMO III shall:

 Provide professional services to the DILG per attached Terms of


Reference [TOR] as part and parcel of her Agreement, using

“Matino, Mahusay at Maaasahan”


Tel. (078) 377-3618
her best talent and skill in accordance with known and accepted
professional practices and standards.

2. The SECOND PARTY shall perform the agreed tasks at a time and
schedule agreed upon by the parties, and to deliver the needed
results as required by the FIRST PARTY.

3. The SECOND PARTY shall submit an accomplishment report


every 15th and 30th of the month to the Head of Office where the
services are performed, as supporting documents for his/her
salaries.

4. In addition, the SECOND PARTY shall also submit to the Human


Resource Management Division, Administrative Service, the
INDIVIDUAL PERFORMANCE COMMITMENT AND REVIEW and
MONTHLY DPCR MONITORING FORM at the end of every
semester. Failure to submit the aforementioned documents will
cause the non-release of the 5% premium which will be given
every end of semester.

5. The SECOND PARTY shall agree to keep all knowledge products


that he/she shall handle/produce as confidential and shall utilize
the same for official purposes only. All tangible and intangible
knowledge products/materials handled/produced by the SECOND
PARTY shall remain the property of and/or shall be promptly
returned to the FIRST PARTY upon termination of this contract.

6. The SECOND PARTY shall be allowed to reimburse travelling


expenses provided that the said travel is required/necessary in the
performance of his/her duties and the same is within the
Philippines.

B. OBLIGATION OF THE FIRST PARTY

1. COMPENSATION AND OTHER EMOLUMENTS. For and in


consideration of the services subject of this contract of services,
the FIRST PARTY hereby agrees to pay the SECOND PARTY the
amount of FOURTY-THREE THOUSAND SIX HUNDRED
EIGTHY-ONE PESOS (PHP 43,681.00) per month, payable in two
(2) equal installments, that is, on the 15th and 30th of the month.

Herein compensation shall be charged against SLGP Fund, and


no payment shall be released to the SECOND PARTY unless the
accomplishment report under Item A[3] herein is submitted.

The payment of fees under herein contract is subject to availability


of funds and existing accounting and auditing rules, laws, and
regulations.
2. The FIRST PARTY shall ensure that the SECOND PARTY is fully
apprised of the required tasks and the intended results needed to
be delivered for the duration of herein contract.

3. Pursuant to Commission on Audit [COA], Department of


Budget and Management [DBM] Joint Circular No. 2, series of
2020 Transitory Provision [11.5], which provides that, “Services
of individuals engaged through contract of service shall be paid
salary/wage equivalent to the daily salary/wage of comparable
positions in government, and a premium of up to 20% of their
respective salaries/wages.”, all existing Contract of Service of the
shall receive a Basic Salary and a premium of 5% of their basic
salary. The premium payment shall be paid every six [6] months,
upon the recommendation of the Head of Office where the services
were performed on the basis of good performance.

C. GENERAL PROVISIONS

1. This contract covers lump sum work of services such as janitorial,


security, or consultancy where no employer-employee relationship
exists between the individual and the government; The Job Order
covers piece work or intermittent job of short duration not
exceeding six months and pay is on a daily basis; The contract of
services and job order are not covered by Civil Service laws, rules,
and regulations, but covered by Commission on Audit [COA] rules;
The employees involved in the contract or job order do not enjoy
the benefits enjoyed by government employees, such as PERA,
ACA, and RATA; and Services rendered thereunder are not
covered as government service.

D. EFFECTIVITY

This CONTRACT of SERVICE shall commence on July 01, 2022 up


to December 31, 2022, unless sooner terminated either or both
parties or upon the directive of the Head of Agency.

E. TERMINATION

This contract shall be subject to availability of funds.

Notwithstanding, this contract may also be terminated by the FIRST


PARTY based on the following grounds:

a. The SECOND PARTY fails to comply with the Terms of Reference


or fails to deliver the needed result required by the FIRST PARTY;

b. The SECOND PARTY was found to have a pending


administrative offense, or have been civilly or criminally
convicted for any violation of law.
c. The SECOND PARTY fails to meet a VERY SATISFACTORY
monthly rating based on the IPCR/Monthly DPCR Monitoring Form.

Pre-termination of herein contract is not prohibited and may be done


even without going to the court of law, provided that a written notice of
at least fifteen [15] days is given to the other party.

Moreover, termination of the said contracts due to the change of


administration on June 30, 2022, is subject to the discretion and
consideration of the new Secretary for the Department of the
Interior and Local Government.

F. APPLICABLE RULES AND REGULATIONS

The application and interpretation of herein CONTRACT OF


SERVICE and its provisions shall be governed by the laws of the
Republic of the Philippines.

IN WITNESS WHEREOF, the parties have hereunto affixed their


signatures this _____ day of _____________, 2022, in the City of
Tuguegarao.

JONATHAN PAUL M. LEUSEN, JR., CESO III MARJORIE P. RAMIREZ


Regional Director/FIRST PARTY DMO III/SECOND PARTY

SIGNED IN THE PRESENCE OF:

ELSBETH T. MARALLI MARIA LUISA C. DY


OIC-Division Chief HRMO III

FUNDS AVAILABLE:

JAYSON P. VERZON
AO V/Budget Officer
ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES]


____________________ ] S.S.

BEFORE ME, A Notary Public for and in Tuguegarao City,


Philippines, personally appeared and exhibited to me their Identification
Cards as follows:

Name Government Issued ID


ID No. Issued by
JONATHAN PAUL M. LEUSEN, JR. E-1639 DILG
MARJORIE P. RAMIREZ

All known to me and to be the same person who executed the


foregoing instruments which they signed and acknowledge before me as
their own free and voluntary act and deed.

WITNESS MY HAND AND SEAL this ___ day of ________________


2022.

___________________________
Notary Public

Until _____________
PTR No. _____________
Date _____________
TIN _____________

Doc. No. _____________


Page No. _____________
Book No. _____________
Series of _____________
TERMS OF REFERENCE

MARJORIE P. RAMIREZ
DMO III

I. SCOPE OF WORK: Contract of Service

II. EXPECTED OUTOUTS/DELIVERABLES AND SCHEDULE OF


SUBMISSION OF OUTPUTS:

III. DURATION OF WORK:

The duration of the engagement shall be from July 01, 2022 to


December 31, 2022.

Required to report to office five (5) days a week and with a minimum
of 40 work-hours per week, except when on official travel as
authorized through a duly approved Office Order, Travel Order or
Department Order.

IV. DUTY STATION: DILG RO-LGCDD

V. SPECIFIC FUNCTION AND DUTIES:

 Provides leadership in setting the operational direction of the SLGP


within the PMO and among offices in the Department;
 Make sure the Local Governance Programs as embedded in the core
function of the SLGP are implemented efficiently and effectively
through different channels;
 Initiates the development of new policies that will deal with lingering
local governance issues that existing policies cannot address;
 Provides support in addressing policy implementation problems and
manage portfolio risks;
 In the performance of the foregoing duties and responsivities, may
be authorized to go on official travel and reimburse travelling and
related expenses; and
 Perform other tasks as maybe assigned by the Regional Director or
immediate supervisor.

VI. MONTHLY COMPENSATION AND SOURCE OF FUNDS: FOURTY-


THREE THOUSAND SIX HUNDRED EIGTHY-ONE PESOS (PHP
43,681.00) per month, payable in two (2) equal installments, that is, on
the 15th and 30th of the month.

VII. DESIGNATED SUPERVISING OFFICIAL: Division Chief


JONATHAN PAUL M. LEUSEN, JR., CESO III
Regional Director

WAIVER

KNOW ALL MEN BY THESE PRESENTS:

I, MARJORIE P. RAMIREZ, Filipino, of legal age and with address at


Tuguegarao City, Cagayan do hereby state under oath, that:

1. I hereby confirm and acknowledge that I have entered into a Contract of


Service with the Department of the Interior and Local Government
(DILG) Region 2 effective July 01, 2022 – December 31, 2022.

2. I hereby agree to keep all knowledge products that I have


handled/produced and/or will handle/produce as confidential, and shall
utilize the same only for official purposes.

3. I hereby acknowledge and agree that all tangible and intangible


knowledge products/materials I have handled/produced and/or will
handle/produce during the entire duration of my professional and official
relationship with the DILG shall remain the property of and/or shall be
promptly returned to the DILG upon the termination/expiration of my
contract.

4. I shall not at any time or in any manner, either directly or indirectly,


divulge, disclose or communicate to any person, firm or corporation, or
use to the prejudice of the DILG, its plans or other data which was
disclosed to or acquired by me in the course of my professional and
official relationship with the DILG; except when such disclosure or
communication is required by law or order of a court with competent
jurisdiction.

5. Finally, I declare that I have read and understand this document, and
that this waiver and quit claim hereby given me is made willingly and
voluntarily and with full knowledge and understanding of my rights under
the law.

IN WITNESS WHEREOF, I have hereunto set my hands this _____ day of


___________, 2022.

MARJORIE P. RAMIREZ
Signature over Printed Name

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