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CONTRACT OF SERVICE

KNOW ALL MEN BY THESE PRESENTS:

This Contract of Service is made and entered by and between:

The CITY GOVERNMENT OF VALENZUELA, a local government unit, duly


formed and existing under Philippine laws, with office address at Executive
Building, The City Hall, Mc Arthur Highway, Karuhatan, Valenzuela City,
represented by this act by Hon. REXLON T. GATCHALIAN, City Mayor,
Herein referred to as the FIRST PARTY;

and

ALFREDO F. DIAZ, JR., of legal age, Filipino and a resident of #35 M. Viola
St., Area 3, UP Campus, Quezon City, herein referred to as the SECOND
PARTY;

WITNESSETH:

WHEREAS, the FIRST PARTY desires to avail the services of the SECOND PARTY for
the development of an upgraded version of the regular and customized 3S+
training/workshop program (3S with a Smile [3S+S] – 2017 design) and subsequent
conduct and facilitation af the same for the benefit of all employees of the FIRST PARTY
which include technology enablers and proper technology etiquette. For new
employees, the FIRST PARTY requires the services of the SECOND PARTY to conduct
additional training/workshop batches of the regular and customized 3S+ (2015 design)
program;

WHEREAS, Section 53.7 of the Implementing Rules and Regulations of R.A. 9184
provides that Alternative Modes of Procurement (Highly Technical Consultants) may be
resorted to in case of individual consultants hired to do work that is highly technical or
proprietary;

WHEREAS, the SECOND PARTY is engaged in the business of providing training


and personality development program facilitation and processing tailored fit to the
FIRST PARTY’s 3S (SIMPLE SPEED SERVICE) in the public service policy endeavours which
include technology enablers and proper technology etiquette at such reasonable cost.
In 2016, the FIRST PARTY engaged the SECOND PARTY’s services to develop a
training/workshop program (regular and customized 3S+Program) and conduct the
same to all employees of the City. Further, the SECOND PARTY was previously hired as
the FIRST PARTY’s HR Consultant whose services were vital in the development and
successful implementation of the Mystery Shopper Program and 3S in public service
program in the City Government of Valenzuela during the time of former Mayor Sherwin
T. Gatchalian.

A copy of the SECOND PARTY’s credentials is hereto attached as Annex “A”;

WHEREAS, the said services of the SECOND PARTY shall be considered under the
training program of the Human Resource Management Office of the FIRST PARTY;

NOW THEREFORE, in consideration of the foregoing premises and of the terms


and conditions hereunder stipulated, the parties have agreed as follows;

1. That the SECOND PARTY commits to provide the abovementioned services


required by the FIRST PARTY which shall cover the following professional
services:
Contract of Service – Alfredo F. Diaz, Jr.

A. For participants who had finished the 3S+ Program (2015 design):

 Program and materials design for 2-day Regular 3S+S Program [both
regular and customized];
 Two-day Regular 3S+S Program (2017 design) facilitation and processing
for 50-70 participants/batch approximately consisting of 28 batches;
 Two-day Customized 3S+S Program (2017 design) facilitation and
processing for 30-40 participants/batch approximately consisting of 37
batches;

B. For new employees and those who missed the 3S+ Program:

 Program and materials design for 2-day Regular 3S+S Program [both
regular and customized];
 Two-day Regular 3S+ Program (2015 design) facilitation and processing
for 50-70 participants/batch approximately consisting of 5 batches;
 Two-day Customized 3S+ Program facilitation and processing for 30-40
participants/batch consisting of 1 batch;

All workshop materials, photocopying, IDs, binders as well as the venue


(inclusive of accomodation and food), transportation, and equipment
(projector, screen and sound system) are to be provided by the City.

2. That for and in consideration of the aforesaid services, the FIRST PARTY shall
renumerate the SECOND PARTY the amount of Five Million Nine Hundred Sixty
Four Thousand Six Hundred Seventy Two Pesos (Php5,964,672.00) inclusive of
taxes more particularly shown below:

PARTICULARS No. of Amount GROSS TOTAL


Batches/Trainings
For Regular 3S+ Smile 28 Php
Program (2017 design) 1,881,600.00
-50-70 participants per
batch
-Php 67, 200.00 per
batch
For Regular 3S+ 5 Php 336,000.00
Program (2015 design)
-50-70 participants per
batch
-Php 67,200.00 per
batch
For Customized 3S+S 37 Php
Program (2017 design) 3,108,000.00
-30-40 participants per
batch Php
-Php 84,000.00 per 5,325,600.00
batch
12% VALUE ADDED TAX Php
639,072.00
GRAND TOTAL Php
5,964,672.00

3. That the payment of the amount due and payable under this contract shall
be made upon presentation by the SECOND PARTY to the FIRST PARTY of the
corresponding statement of account covering the services and provisions

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Contract of Service – Alfredo F. Diaz, Jr.

actually finished, subject to the usual accounting and auditing rules and
regulations.

4. That the SECOND PARTY is required to submit performance bond/security to


guarantee satisfactory completion of a project.

5. It is hereby agreed and understood that no employer-employee relationship


exists between the parties. Further, the SECOND PARTY binds himself to
protect or render free harmless the FIRST PARTY from suits or liabilities resulting
from claims of any and all nature, whether for death, injuries or damages that
may be suffered by the SECOND PARTY’s workers/staff or third parties, arising
or in connection with this contract.

6. This Agreement cannot be assigned or transferred without the prior written


consent of both parties. The waiver of any breach of any provisionof this
Agreement by a party shall not be deemed a continuing waiver by the other
party.

7. Project implementation shall commence upon signing hereof by the parties.

8. This Agreement contains the complete understanding of both parties and


may be amended, supplemented, varied, or discharged, only through
writing, mutually signed by both parties; the validity, construction and
effectivity of this Agreement shall be governed by the laws of the Republic of
the Philippines.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this
__________________ 2018 at Valenzuela City.

CITY GOVERNMENT OF VALENZUELA


First Party

ALFREDO F. DIAZ, JR.


Second Party
REXLON T. GATCHALIAN
City Mayor

BY AUTHORITY OF THE CITY MAYOR

Atty. Alan Roullo Yap


City Administrator & OIC-City Legal Office

SIGNED IN THE PRESENCE OF:

___________________________ ___________________________
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Contract of Service – Alfredo F. Diaz, Jr.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in Valenzuela City, on _________________,


personally appeared the following persons with their competent evidence of
identification:

Hon. REXLON T. GATCHALIAN

ALFREDO F. DIAZ, JR. SSS ID No. 33-0452524-6

bearing their pictures and signatures, all known to me and to me known to be the same
persons who executed the foregoing instruments and acknowledge to me that the
same are their own free and voluntary act and deed.

WITNESS MY HAND AND SEAL.

Doc. No. ______;


Page No.______;
Book No. ______;
Series of 2018.

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