Consultancy Memorandum of Agreement: Between: (T21 ENVIRONMENTAL ENGINEERING SERVICES), A Consultancy Services
Consultancy Memorandum of Agreement: Between: (T21 ENVIRONMENTAL ENGINEERING SERVICES), A Consultancy Services
The designated payment for completing the Environmental Compliance Certificate is structured as a consultancy fee of one hundred thousand pesos. This is structured with a 50% down payment of 50,000 pesos, given upon executing the agreement and subject to government taxes .
The agreement stipulates that any confidential information received by the Consultant related to the personal, financial, or other affairs of the Corporation must be treated with full confidence. The Consultant is prohibited from disclosing such information to other persons, firms, or organizations .
The agreement structures a 50% down payment to be made upfront to the Consultant, amounting to 50,000 pesos upon executing the agreement. This payment is subject to applicable government taxes, and aligns with the total consultancy fee of 100,000 pesos for the entirety of the services .
The Consultant's key responsibilities include performing the Initial Environmental Examination (IEE) Studies and acquiring the Environmental Compliance Certificate (ECC) for Seymore Residences in Zambales. These tasks are to be completed according to the terms and conditions set forth in the agreement, and the Consultant must devote a minimum of six hours per day to these duties .
The agreement can be terminated by either party upon providing a seven-day written notice to the other party. Such notice must be delivered either by certified mail or personal delivery, allowing either the Consultant or the Corporation to unilaterally end the contractual relationship .
The agreement defines the Consultant as an independent contractor, clarifying that the Consultant is responsible for their own taxes and operates independently from the Corporation in fulfilling their duties. This relationship explicitly denies the existence of an employee/employer relationship between the Consultant and the Corporation .
The contract stipulates that employees utilized by the Consultant for the project are the sole responsibility of the Consultant and are not considered employees of the Corporation. The Corporation has no obligation concerning the salary or benefits of these employees .
A breach of contract occurs if any party violates the agreement provisions, provides incomplete or mistaken performance, makes a misrepresentation, or omits material facts. The breaching party shall be liable under applicable laws and must compensate the non-breaching party with an amount determined by a competent court .
The agreement specifies that any litigation arising from the contract can be pursued in competent courts located in either Muntinlupa City or the City of San Fernando, Pampanga. The election of the venue among these locations is determined by the plaintiff .
The agreement anticipates the Consultant will allocate approximately six hours per day to fulfill their obligations. However, the exact amount of time may vary daily or weekly, focusing on the deliverables of the agreement .