CONSULTANCY AGREEMENT

Transcription

1 CONSULTANCY AGREEMENT KNOW ALL WOMEN AND MEN BY THESE PRESENTS: This Consultancy Agreement made and executed by and between: The PHILIPPINE COMMISSION ON WOMEN (formerly known as National Commission on the Role of Filipino Women) a government agency under the Office of the President, with official address at 1145 J. P. Laurel Street, San Miguel, Manila, represented by its Executive Director, EMMELINE L. VERZOSA, a Filipino of legal herein referred to as "PCW", -and- FE QUANICO SALCEDO, a Filipino of legal age with official address at 002 Atabay, T.A. Fornier St., San Jose, Antique, herein referred to as "CONSULTANT". WITNESSETH THAT: WHEREAS, the Republic Act 9710 or Magna Carta of Women (MCW) was a major milestone in the efforts and initiatives of the Philippines for gender equality and women empowerment. It was passed into law in August 2009, the MCW mandates for the need to establish baseline information on the implementation of the Act. It likewise provides that progress reports shall be prepared and reported to Congress every 3 years. WHEREAS, an assessment of gender mainstreaming (GM) as a strategy shall also be conducted to evaluate its effectiveness in ensuring that gender equality and women empowerment is achieved. WHEREAS, over 4 years since the law took effect, the PCW shall retroactively prepare the baseline study of the MCW implementation with 2009 as base year. It shall include a report on the progress of the Act's implementation from 2010 to While there are a number of reports that point to the gender equality performance of the Philippines, they were, however, taken either collectively or singling out a few performance outcomes indicators. k WHEREAS, the Assessment Report on Philippine Plan for Gender Responsive Development (PPGD) which was commissioned by the Philippine Commission on Women in 2010 to assess the performance of the government in the implementation of the policies, programs and services relative to the 12 areas of concern of the Beijing Platform for Action (BPfA). While the PPGD Assessment Report could be a rich source of baseline information that corresponded to many important indicators of the MCW, this, however, is not sufficient to cover all provisions or indicators under the law. The study was also limited to information available in 2010 or earlier; hence, it was not sufficient to provide updates on implementation from 2011 to WHEREAS, Section 37 of the MCW-IRR also mandates for the review of the GM strategy two years from the adoption of the IRR and every 6 years thereafter. The GM assessment will identify the gains and gaps, strengths and weaknesses of gender mainstreaming efforts implemented from and how these contributed to the implementation of GAD-related efforts from 2004 before the passage of MCW and its contribution to the implementation of MCW. WHEREAS, there is a need to prepare the 2009 MCW Baseline Study, Three (3) Year Term ( ) Progress Report and Assessment Report on Gender Mainstreaming Strategy. --- FILE COPY RECORDS SECTION

2 WHEREAS, it is understood that this contract does not create an employeremployee relationship between the PCW and the Consultant, that the services to be rendered are not to be considered and will not be accredited as government service, and that the latter shall not be entitled to the benefits enjoyed by the regular personnel of the Commission; NOW, THEREFORE, for and in consideration of the above premises, both parties hereby declare and agree to the following: Section 1 ACTIVITY DESCRIPTION This consultancy agreement covers the engagement of a Consultant for the preparation of the 2009 MCW Baseline Study, Three (3) Year Term ( ) Progress Report and Assessment Report on Gender Mainstreaming Strategy. Section 2 EFFECTIVITY PERIOD OF THE CONTRACT This consultancy agreement shall commence on 1 July and expire on 31 December 2014, unless sooner terminated based on the provisions of Section 5 of this agreement. This agreement may be extended upon submission of the Consultant's written extension request letter to PCW explicitly stating therein the justifiable reasons for not accomplishing the expected outputs as scheduled, specific duties and tasks that need to be accomplished and period for extension. Section 3 OBLIGATIONS OF PARTIES 3.1 The CONSULTANT shall perform the following tasks and responsibilities specified below for the duration of the contract and shall act in accordance with the PROPOSAL AND TERMS OF REFERENCE attached to this consultancy agreement as Annex A: Review the Magna Calla of Women and pertinent documents and reports on gender mainstreaming, gender equality and women empowerment for inputs to the reports and integrate the findings with the monitoring results of the baseline, progress, and GM Assessment reports Prepare conceptual framework and outlines of MCW Baseline Study of NGAs and LGUs and MCW 3-Year Progress Reports of NGAs and LGUs incorporated with GM Mainstreaming Assessment Analysis which includes designs of strategy/methodology that will facilitate effective administration and collection of the monitoring tools Prepare needed communications or circulars and instructions for NGAs and LGUs on how to accomplish the MCW monitoring tool Administer the pre-testing of the tools and revise as needed; Develop GM consultation/ FGD/workshop design and prepare GM Assessment questionnaire for FGD purposes as well as follow-up questions on baseline data and progress report results; Present and discuss with PCW technical officers and/or ManCom the conceptual framework, including FGD/workshop designs and guide questions and/or final MCW monitoring tool Ensure the timely collection, encoding, consolidation, processing, analysis of the data and preparation of the draft report; Regularly coordinate with the PCW team, call meetings as needed and submit progress reports as required and agreed upon; Preparation of the draft reports of MCW Baseline Study (NGAs and LGUs), Progress Report with GM Assessment Preparation of presentation materials and other documents for meetings and workshops

3 Facilitate the conduct of validation workshops and focused-group discussions with the NGAs and LGUs Enhancement and finalization of the MCW baseline report, 3-year progress report and gender mainstreaming assessment report according to completeness, quality and timeliness and submit to PCW Presentation to the Multi-stakeholders meeting Work closely with PCW-Monitoring and Evaluation Division (PCW-MED) in developing the reports. 3.2 The PCW shall: Pay the Consultant a professional fee of SEVEN HUNDRED SEVENTEEN THOUSAND PESOS (Php 717,000.00) for the duration of the engagement subject to applicable mandatory withholding tax; Designate technical officer/staff who shall act as a Contact Person/Coordinator in coordinating/scheduling the use/availability of facilities, arranging meetings, provision of secondary data and interfacing with the consultant regarding its services and outputs; Review and approve Consultant's outputs and forward the corresponding comments/proposed revisions to the Consultant; and Provide the workspace/ venue for the conduct of meetings, workshops, and discussions, including office equipment such as projectors and printers; f k Section 4 TERMS OF PAYMENT The professional fee of the CONSULTANT shall be payable in five tranches. Payment shall be processed and released only upon completion and accomplishment of the required tasks, outputs and services duly reviewed by the Chief of MED, endorsed by the Deputy Director for Operations and approved by the Executive Director, and in accordance with the provisions of Annex A (Terms of Reference). 4.1 For the first tranche the Consultant shall receive 20% of the total project cost amounting to ONE HUNDRED FORTY-THREE THOUSAND AND FOUR HUNDRED PESOS (Php 143,400.00) subject to applicable mandatory withholding tax to be released on or before 7 July 2014 upon submission of the following: Conceptual Framework of the MCW Baseline Report, 3-Year Progress Report and Gender Mainstreaming Assessment; Report outline of the MCW Baseline Report, 3-Year Progress Report and Gender Mainstreaming Assessment; and, Work and financial plan detailing activities to be conducted until the final submission of the reports. Finalized work outline/proposal and methodology about the development and design of the competency, performance and satisfaction assessment tools; and 4.2 For the second tranche the Consultant shall receive 30% of the total project cost amounting to TWO HUNDRED FIFTEEN THOUSAND AND ONE HUNDRED PESOS (Php subject to applicable mandatory 215,100.00) withholding tax to be released on or before 30 September 2014 upon submission and conduct of the following: Submission of 1 st drafts of the reports both in soft copy and hard copy with initial data from NGAS and LGUs; Presentation of the draft report to the technical committee meeting (TCM); Submission of encoded raw data in excel file; and, Submission of electronic copy of secondary sources of data utilized for the report.

4 4.3 For the third tranche the Consultant shall receive 30% of the total project cost amounting to TWO HUNDRED FIFTEEN THOUSAND AND ONE HUNDRED PESOS (Php 215,100.00) subject to applicable mandatory withholding tax to be released on or before 30 November 2014 upon submission of the following: Submission of the second draft or enhanced version of the reports with additional data from LGUs and NGAs where comments from the TCM are incorporated; Presentation of the enhanced report to the management Committee (ManCom); and, Submission of additional encoded raw data in excel file. 4.4 For the fourth tranche the Consultant shall receive 15% of the total project cost amounting to ONE HUNDRED SEVEN THOUSAND AND FIVE HUNDRED FIFTY PESOS (Php 107,550.00) subject to applicable mandatory withholding tax to be released on or before 10 December 2014 upon submission of the following: Presentation of reports to the PCW Board of Commissioners for further comments; and, Submission of FINAL MCW Baseline report, 3-Year Progress Report, and Gender Mainstreaming Assessment. 4.5 For the fifth tranche the Consultant shall receive 5% of the total project cost amounting to THIRTY FIVE THOUSAND AND EIGHT HUNDRED FIFTY PESOS (Php 35,850.00) subject to applicable mandatory withholding tax to be released on or before 31 December 2014 upon presentation of the result of the MCW Baseline Report, 3-year Progress Report and Gender Mainstreaming Assessment to the multi-stakeholders meeting for policy recommendations on or before December 15, Section 5 TERMINATION OF CONTRACT 5.1 For the duration of this consultancy agreement, PCW, through the Monitoring and Evaluation Division, shall have the right to conduct periodic evaluation of the CONSULTANT'S performance, services delivered and outputs submitted and to terminate this contract due to breach of contract, breach of trust, loss of confidence, unsatisfactory performance and/or other reasons detrimental to the interest of PCW. Section 6 PENALTY CLAUSE 6.1 For the CONSULTANT's inability to render service or to submit outputs on time without justifiable reason and through no fault of PCW, the PCW has the right to withhold payment of the professional fee or impose a penalty of 1/10 of one percent of the remaining balance for every day of delay until the required outputs as defined in the work plan are submitted. Section 7 EXCLUSIVITY AND AMENDMENT CLAUSE 7.1 Modification of outputs / deliverables to be submitted or services to be rendered and extension of the deadlines or changes in the time table may be made through exchange of letters between the contracting parties, provided that it does not involve an increase in the contract cost; 7.2 The entire consultancy agreement between the PCW and the Consultant is embodied in this written instrument, and that any modification/amendment introduced to this agreement should only be made in writing;

5 Section 8 AUTHORITY TO ENTER INTO AGREEMENT The CONSULTANT shall neither have the right nor the authority to enter into agreements on behalf of the PCW in any manner and pledge credit on its behalf in any way. Section 9 OWNERSHIP OF OUTPUTS The outputs realized, produced and submitted by the CONSULTANT shall be owned and used solely by the PCW with proper acknowledgment on the contributions made by her. It shall not be used for the benefit of any other party without the written permission of the PCW; Section 10 INSURANCE GUARANTEE The CONSULTANT assures the PCW that she is responsible for her personal life/ accident insurance and frees the PCW of any liability or obligation in case of untoward incidents that she may experience in the course of travel, performance of duties and responsibilities and all circumstances. IN WITNESS WHEREOF, the parties have hereunto set their hands on this 26 th day of June 2014 in the City of Manila Philippines. PHILIPPINE COMMISSION ON WOMEN CONTRACT OF SERVICE EMMELINE L. VFtZOSA E FE tenicsal SALCEDO Executive Director III Consultant SIGNED IN THE PRESENCE OF: 6,927 MANUELA M. SILVA Deputy Director for Operations MACARIO T. JUSAYAN Chief, Monitoring and Evaluation Division CERTIFICATE OF AVAILABILITY OF FUNDS THANIEL L. GO3IZALES Accountant III

6 ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) CITY OF MANILA ) s.s. BEFORE ME, a notary public for and in the City of Manila personally appeared the following: NAME ID TYPEI ID NUMBER DATE/PLACE ISSUED EMMELINE L. VERZOSA PASSPORT NO. OF / / Manila FE QUANICO SALCEDO TIN NO Who are both known to me to be the same persons who executed the foregoing instrument and acknowledged before me that the same is their true and voluntary act and deed and that of the entities they represent at this instance. This instrument consists of six (6) pages including this page wherein this acknowledgment is written, and is signed by the parties and their instrumental witnesses on each and every page thereof. WITNESS MY HAND AND SEAL, this 25 th of June 2014 in the City of Manila, Philippines. Doc. No. oca ; Page No- : Book No. Series of T T1'. LIC i+07a PI Pik Y p LMILA AN Nu, 2.0; ;..!1 U 1 14 n. ME SA, MLA' ler) MAOLA Ptgri. No. MLA-4) ; " Nej, U-MtVait