SERVICES AGREEMENT

The Service Agreement (the “Agreement”) is entered into between the Department of Agriculture,
RFO 5 of San Agustin, Pili, Camarines Sur and the Diosa Kobi Travel and Tours (the “Service
Provider”) of San Agustin, Pili, Camarines Sur.

Preamble

Rental of Service Vehicle for use of the participants attending the Great Women Agri-Hub and Multi-
Commodity Solar Tunnel Dryer (MCSTD) Learning Sessions at Nueva Ecija on July 31 to August 4,
2017.
1. Services Supplied

1.1 Service for Great Women Agri-Hub and Multi-Commodity Solar Tunnel Dryer (MCSTD)
Learning Sessions from DA-RFO 5 to Legazpi City on July 31, 2017 and on August 4,
2017 from Legazpi City to DA-RFO 5, one (1) van to shuttle participants.
1.2 Provide a driver for use of the vehicle.
1.3 Ensure that the vehicle is in good and safe working condition.
1.4 Ensure that the vehicle is registered and that the driver is licensed to drive the vehicle.
Without prejudice to this requirement, copies of registration and driver’s license will be
provided to DA-RFO 5 on request.
1.5 Provide fuel of the vehicle including toll and parking fees and food and lodging
allowance of the driver.

2. Charges and Payments

2.1 The Service Provider will be paid the amount of Ten Thousand Pesos (P10,000.00).
2.2 Payments shall be made by cheque to AILEEN CAPIZ DE LA TRINIDAD of DIOSA KOBI
TRAVEL AND TOURS, San Agustin, Pili, Camarines Sur. The price specified for the
Services in this Agreement is the total charge to the DA-RFO 5. The Service Provider
shall be responsible for the payment of all taxes, duties, levies and charges assessed on
the service provided in connection with this Agreement.

3. Warranties

The Service Provider warrants that:

a. It is duly licensed with adequate human resources, equipment, competence, expertise

and skills necessary to provide fully and satisfactorily within the stipulated completion
period, all services in accordance with this agreement;
b. In all circumstances it shall act in the best interests of DA-RFO 5;
c. No official of DA-RFO 5 or any third party has received or will be offered by the Service
Provider any direct or indirect arising from the Agreement or award thereof;
d. It has not misrepresented or concealed any material facts in the procuring of this
Agreement;
e. The Service Provider, its staff or shareholders have not previously been declared by DA-
RFO 5 ineligible to be awarded contract;
f. The remuneration of the Service Provider under this Agreement shall constitute the sole
remuneration in connection with this Agreement. The Service Provider shall not accept
for its own benefit any trade commission, discount or similar payment in connection
with activities pursuant to this Agreement or the discharge of its obligations there
under. The Service Provider shall ensure that any subcontractors as well as the
personnel and agents of either of them, similarly, shall not receive any such additional
remuneration.

4. Guarantee and Indemnities

4.1 The Service Provider shall guarantee any work performed under this Agreement for a
period of 1 week after final payment by DA-RFO 5 under this Agreement.
 4.2 The Service Provider shall defend, indemnify and hold harmless DA-RFU 5 participants
against all losses, damages, expenses (including legal fees and costs), claims, suits and
liabilities, to the extent arising out of or resulting from the:
a. Service Provider’s negligent or wrongful acts;
b. Failure of the Service Provider or any Services to fully comply with the terms and
conditions of this Agreement.

The DA-RFO 5 shall promptly notify the Service Provider of any written claim, loss
or demand for which the Service Provider is responsible under the clause.

5. Termination

5.1 DA-RFO 5 may terminate this Agreement at any time, in whole or in part. The notice of
termination shall state that termination is for DA-RFO 5’s convenience, the extent of
which performance under this Agreement is terminated and the effective termination
date.
5.2 Where DA-RFO 5 terminates this Agreement, DA-RFO 5 may:
a. Recover any sums paid to the Service Provider for any services that have not been
performed on the date of termination.

6. Audit

The Service Provider agrees to maintain records, in accordance with sound and generally
accepted accounting procedures, of all direct and indirect costs of whatever nature involving
transactions related to the provision of Services under this Agreement. The Service
Provider shall make all such records available to DA-RFO 5 or its designated representative
at all reasonable times until the expiration of 1 week after the date of final payments, for
inspection, audit, or reproduction for the purpose of verifying services delivered, hours of
work performed, or the right of Service Provider to any price adjustments or extra charge
claimed under this Agreement.

7. Independent Contractor

The Service Provider shall perform all Services under this Agreement as an independent
contractor and not as an employee, partner or agent of DA-RFO 5.

8. Subcontracting
The Service Provider shall not engage the services of a subcontractor to fulfil the obligations
under this Agreement without the written approval of DA-RFO 5.

9. Use of DA-RFO 5 Name

The use of the official logo and name of DA-RFO 5 may only be used by the Service Provider
in connection with this Agreement and with the prior written approval by DA-RFO 5.

10. Dispute Resolution

Any dispute, controversy or claim arising out of or in relation to this Agreement, or the
breach, termination or invalidity thereof, shall be settled amicably by negotiation between
the Parties. In the event that such negotiation is unsuccessful, either Party may submit the
dispute to arbitration. The arbitration will be carried out in accordance with the existing
arbitration rules. The arbitral award will be final and binding.

11. Confidentiality

All information which comes into the Service Provider’s possession or knowledge in
connection with this Agreement is to be treated as strictly confidential. The Service
Provider shall not communicate such information to any third party without the prior
written approval of DA-RFO 5. This obligation shall survive the expiration or termination of
this Agreement.
12. Notices

Any notices given pursuant to this Agreement will be sufficiently given if it is in writing and
delivered or sent by prepaid post or facsimile to the other Party at the following address:

Department of Agriculture, RFO-5, San Agustin, Pili, Camarines Sur

AILEEN CAPIZ DE LA TRINIDAD, of DIOSA KOBI TRAVEL AND TOURS, San Agustin,
Pili, Camarines Sur.

13. Miscellaneous provision

Nothing in this Agreement affects the privileges and immunities enjoyed by DA-RFO 5 in the
Philippines.

14. Assignment

This Agreement or any rights arising under it may only be assigned with the written
permission of the other Party.

15. Waiver

Failure by either party to insist in any one or more instances on a strict performance of any
of the provisions of this Agreement shall not constitute a waiver or relinquishment of the
right to enforce the provisions of this Agreement in future instances but this right shall
continue and remain in full force and effect.

16. Severability

In any part of this Agreement is found to be invalid or unenforceable, that part will be
severed from this Agreement and the remainder of the Agreement shall remain in full force.

17. Entire Agreement

This Agreement embodies the entire agreement between the Parties and supersedes all
prior agreements and understandings, if any, relating to the subject matter of this
Agreement.

18. Final Clauses

This Agreement will enter into force upon signature by both Parties. Amendments to this
Agreement may be made by mutual agreement in writing between the Parties.

Signed in two (2) copies, on _______________________________, 2017 at Pili, Camarines Sur.

FOR: THE DA-RFO V FOR: THE SERVICE PROVIDER

ELENA B. DE LOS SANTOS, Ph. D AILEEN CAPIZ DE LA TRINIDAD

Regional Executive Director Service Provider

ROSARIO C. SALES ALOHA GIGI I. BAÑARIA

OIC- Chief, Admin & Finance Chief, PMED
 ACKNOWLEDGEMENT

REPUBLIC OF THE PHILLIPPINES)

Pili, Camarines Sur ___________) S.S.

BEFORE ME, this _______ day of __________ 2017 personally appeared parties who presented to me the
above integrally complete documents and acknowledged to me that their signatures appearing
therein were affixed by them voluntarily and freely for the purpose of this Contract. Parties are
known to me personally being the same parties who executed this instrument and declared to me
that they have authority to bind themselves or the entities they respectively represent.

This instrument refers to the agreement on the provision vehicle rental services by AILEEN CAPIZ
DE LA TRINIDAD under the Great Women Agri-Hub and Multi-Commodity Solar Tunnel Dryer
(MCSTD) Learning Sessions and consists of four (4) pages, this page included and signed by the
parties and instrumental witnesses on each and every page thereof.

WITNESS MY HAND AND SEAL.

_________________________________
Notary Public

Doc. No. ________

Page No. ________
Book No. ________
Series of 2017