This MEMORANDUM OF AGREEMENT ( the Agreement) is entered into by and between:
The DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT, with office address at # 3 Pagayaya St., Carig Sur, Tuguegarao City, represented by Arnel B. Garcia, CESO III (the First Party)
-and-
__________________________________________ of legal age, Filipino and with address at __________________________________________ (the Second Party)
WITNESSETH THAT
Whereas, the DSWD needs the services of the Second Party, who shall render service not performed by the regular personnel of DSWD;
Whereas, Second Party has signified Second Partys intention, to which the DSWD has accepted, to provide such needed services;
Whereas, Second Party has the education, experience and skills required to provide the services described herein;
Whereas, Second Party is not being hired to perform functions pertaining to vacant regular plantilla positions;
NOW, THEREFORE, the parties agree that:
1. Compensation. For services rendered under this agreement, Second Party shall receive a monthly compensation in the following amount:
Pesos : ______________________________________ (P ________________) Fund Source: __________________________________
For purposes of payment of services rendered, the First Party may require Second Party to submit a report of accomplishment
2. Functions.
a. Second Party shall perform and assume the following functions and responsibilities of (Position Title)
i. ii.
b. From time to time, the First Party may assign to Second Party other related tasks and responsibilities.
c. The First Party may require Second Party to render services outside of the agreed regular working hours or during Saturdays, Sundays and holidays, subject to payment of additional cost of services by the First Party at the rate not exceeding the authorized overtime services rate for regular employees. In the absence of funds for the purpose, such additional services may be compensated through compensatory time/day off.
d. The First Party may require Second Party to go on field work or travel in relation to the performance of the Second Partys contracted services, in which case the First Party shall cover the cost of Second Partys actual transportation expenses and daily allowance for food and accommodation not to exceed the daily rate of per diem given to regular employees on official travel, and subject to the usual accounting and auditing rules and procedures.
e. If necessary to ensure efficient rendition of the contracted services, the First Party may require Second Party to attend seminars/training related to Second Party tasks/functions. In such cases, the First Party shall shoulder the cost of such seminar/trainings.
f. Second Party shall abide by the DSWDs CODE OF CONDUCT and other reasonable office rules and regulations.
3. Other Conditions. Second Party shall not be entitled to leave credits, PERA, ACA, RATA, and other similar allowances or emoluments unless explicitly provided for in the approved salary schedule or compensation plan.
4. Warranties. Second Party warrants that:
a) Second Party is not related within the third degree of consanguinity or affinity to the hiring authority and/or representative of the First Party; and
b) Second Party has not been previously dismissed from government service by reason of an administrative offense.
5. Effectivity and Termination
a) This Agreement shall cover the following period
Start : January 2, 2013 End : December 31, 2013
b) Upon its expiration, this Agreement shall not be deemed renewed unless the parties explicitly enter into another written Agreement for such renewal.
c) Upon expiration or termination of this Agreement, Second Party shall secure clearance from money and property accountabilities.
d) Either party may pre-terminate this Agreement without need of cause by serving written notice to the other party at least thirty (30) days prior to the intended date of pre-termination.
e) The First Party may pre-terminate this Agreement immediately upon written notice to Second Party for any of the following grounds:
i. Second Party performed Second Partys function under this Agreement inefficiently or incompetently.
ii. Second Party is guilty of absenteeism and/or habitual tardiness.
iii. Second Party has violated the DSWDs CODE OF CONDUCT.
iv. The First Party discovers that the Second Party has committed any fraud or misrepresentation with respect to a material fact which was a consideration for the DSWD into entering into this Agreement.
v. The First Party no longer has need for the services of the Second Party as specified under this Agreement.
vi. The funds against which the Second Partys compensation shall be charged becomes insufficient.
Known to me to be the named 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 four (4) pages including this page wherein this Acknowledgement 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 _________________________ 2013 at _____________________________, Philippines.
NOTARY PUBLIC
Doc. No. _______ Page No. _______ Book No. _______ Series of 2013