MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This MEMORANDUM OF AGREEMENT made and entered into, by and

between:

The LAGUNA STATE POLYTECHNIC UNIVERSITY, a State University,

vested with powers, special functions or jurisdiction, endowed expressly by Republic Act
No. 8292 and Republic Act No. 9402 through its constituent university at Siniloan (HOST)
Campus, with official address at Brgy. Acevida, L. De Leon St., Siniloan, Laguna
represented in this act by its University President, Hon. MARIO R. BRIONES, Ed.D,
hereinafter referred to as the “UNIVERSITY”
-and-

The " DA-RFO IV-A - RARES", a Host Training Establishment or HTE, with
principal office address at Marawoy, Lipa City, represented herein by its Regional Executive
Director, MILO D. DELOS REYES, CESE, hereinafter referred to as
"INDUSTRY/PARTNER AGENCY".

WITNESSETH

WHEREAS, the UNIVERSITY instituted an internship program as part of the

curriculum for its students in order to provide them with adequate experience in actual
industry work operations and to augment their formal education;

WHEREAS, the INDUSTRY/PARTNER AGENCY, supports the On-the-Job

Training program of the UNIVERSITY and agrees their formal education; and

NOW, THEREFORE, for and in consideration of the foregoing premises and of the
mutual covenants herein set forth, the PARTIES have agreed to Memorandum of Agreement
(MOA) with the following provisions:

Article I. ROLES AND RESPONSIBILITIES OF THE PARTIES

Section a. Roles and responsibilities of LSPU

i. Designate an OJT Coordinator who will supervise the Internship program or On-the-Job
Training Program and coordinate with the INDUSTRY/PARTNER AGENCY various
activities in accordance with Internship Plan

ii. Pre-select and recommend qualified students who will undergo the training, taking into
consideration the requirements of the INDUSTRY/PARTNER AGENCY in terms of
qualification and number of interns or student-trainees needed;

iii. Provide the Student-trainee with the basic orientation on work values, behavior, and
discipline to ensure due cooperation with the INDUSTRY/PARTNER AGENCY and shall

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 issue an official endorsement vouching for the credentials of the Student-trainee that shall
be used by the INDUSTRY/PARTNER AGENCY for processing the application of the
Student-trainee;

iv. Closely monitor the Student-trainee through their respectively designated Internship
Coordinators to help ensure that the Student-trainee conduct themselves in line with the
INDUSTRY/PARTNER AGENCY policies and finish their assigned tasks pursuant to the
Internship Plan;

v. Recommend students who are eligible to undergo its internship program subject to the final
selection/acceptance by INDUSTRY/PARTNER AGENCY and provide for the
corresponding insurance for the Student-trainee pursuant to existing policies.

vi. Require the Student-trainee to execute an undertaking to be binding during the period of
the training. The said undertaking shall at least contain the following:

a. Be officially enrolled in the UNIVERSITY with corresponding enrollment to the

Internship subject;
b. Complete the agreed duration of 240 hours of the internship;
c. Undergo the required orientation program conducted by the UNIVERSITY and the
INDUSTRY/PARTNER AGENCY;
d. Submit the necessary documents for the conduct of training;
e. Follow and abide by the rules and regulations of the UNIVERSITY and the
INDUSTRY/PARTNER AGENCY in the conduct of internship training.

vii. Shall voluntarily withdraw a student-trainee who is found to be guilty of misbehaving

and/or act in defiance to existing standards, rule, and regulations of the school and impose
necessary UNIVERSITY sanction to the said student-trainee;

Section b. Roles and responsibilities of the INDUSTRY/PARTNER AGENCY

i. Undertake the selection process from among the UNIVERSITY’s recommended students
in accordance with its policies and guidelines in the recruitment and selection of trainees for
this purpose and orient the students on the standard rules and regulations of their
establishment before signing the contract;

ii. Provide a supervised learning experience to the Student-trainee that is consistent with its
policies, rules, and regulations and in line with the established Internship Plan. It shall treat
the Student-trainee in a professional manner, and shall ensure that the Student-trainee, in
the course of training, shall not be exposed to any form of harassment/unethical practice or
tasks and work assignments that are unreasonably risky, dangerous, or unrelated to the
purposes of the Internship Plan;

iii. Assign an internship supervisor (or similar designation of focal person) responsible for the
implementation of all phases of the internship and who shall coordinate with the
UNIVERSITY regarding the terms and aims of this Agreement;

iv. Accomplish the respective evaluation forms required by the UNIVERSITY and issue a
Certificate of Completion to the Student-Interns within ten (10) working days after
completion of internship;

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 Section c. GENERAL CONDITIONS

i. Both parties shall develop, implement and evaluate the Internship Plan from which the
Student-trainee will gain additional knowledge and skills as they perform their duties and
functions with the program and/or activities during the training;

ii. Both parties understood that the Student-trainee and/or their respective guardians shall be
responsible for any and all liabilities for damage to property or injury to persons, due to
intentional or negligent acts of the Student-trainee in the course of the Program;

iii. Both Parties agree to jointly monitor and evaluate the performance of the Student-trainee
based on the criteria provided for under the Internship Plan and shall conduct a post-training
review and evaluation of the program and the performance of the Student-trainee;

iv. It is expressly understood that there will be no employer-employee relationship between the
INDUSTRY/PARTNER AGENCY and the Student-trainee of the UNIVERSITY;

v. The INDUSTRY/PARTNER AGENCY is not obliged to employ the Student-trainee

upon completion of the training. The INDUSTRY/PARTNER AGENCY, however, upon
consultation with the UNIVERSITY, may invite qualified students to submit themselves to
examinations, interviews, and file pertinent documents in support of their application;

vi. Both Parties shall exert best efforts in ensuring that the Student-trainee will complete the
agreed scope of work within the agreed duration of the Internship Plan and abide by the
relevant policies of the INDUSTRY/PARTNER AGENCY ; and

vii. In case one or more of the provisions contained herein shall, for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality shall not affect
any other provisions of this agreement. In such event, the parties shall consult each other as
to the manner by which their original intention can be fulfilled as closely as possible and
they will amend this agreement accordingly.

Article II. DURATION, EFFECTIVITY AND MODIFICATION

This Memorandum of Agreement shall become effective upon signature of both

parties and implementation will begin immediately and shall be valid for two (2) years,
subject to any renewal/extension through a written agreement of the parties.

The Parties shall have the right to pre-terminate the training contemplated by this
Agreement and the Internship Plan by serving a written notice to the other party at least
thirty (30) days prior to the intended date of termination and based on the following grounds:
(a) The HTE is proven to fail in providing the safety of the Student-Interns and quality of
training contemplated by this Agreement and the established Internship Plan; or (b) There
is any material violation of the foregoing covenants that will warrant the cancellation of this
Agreement.

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 This Agreement constitutes the entire agreement between the Parties with respect to
the subject matter hereof. It excludes and supersedes everything else which has occurred
between the parties whether written or oral, including all other communication with respect
to the subject matter hereof. Any amendment hereto shall be mutually agreed upon in writing
by the parties.

This Agreement may be modified upon the mutual written consent of the Parties. For
this purpose, the parties shall ensure that any modification shall have no adverse effect on
the Project already undertaken prior to the modification of this Agreement.

Article III. PLACE OF ASSIGNMENT

Students will be assigned as interns to the DA-RFO IV-A - RARES. Given the
current health situation in the Philippines, students and internship supervisors shall be
required to perform the internship project through online conferencing or any other non-
contact communication. In cases where and when it is permissible, the student interns may
have limited face-to-face contact with internship supervisors and coordinators at LSPU, in
accordance to proposed activities and schedules indicated in the Internship Plan.

Article IV. INTERNSHIP PLAN

The Internship Plan (Appendix A) contains the outlined goals and objectives,
knowledge, skills, and competencies that the student intern should acquire in each training
area, assignment,
and schedule of activities, among others.

Article V. INTELLECTUAL PROPERTY

Both parties hereby agree and understand that intellectual property rights, ownership
and enjoyment thereof arising from the Project shall be governed by applicable provisions
of Republic Act No. 10055, otherwise known as the Philippine Technology Transfer Act of
2009, including their respective Rules and Regulations, as well as the Governing Policies.

Article VI. CONFIDENTIALITY AND NON-DISCLOSURE

The Agreement, as well as its terms and conditions herein shall be held in strict
confidence and that no portion or part hereof may be reproduced or be revealed to any
personnel or entity other than the signatories herein or their authorized representative.

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 Article VII. DATA PRIVACY

In case of a request for data or any other information to be obtained from LSPU in
relation to the Internship/OJT, the request shall be acted upon in accordance with the
requirements and limitations provided under the Data Privacy Act or Freedom of
Information, as the case may be.

Article VIII. TERMINATION

This Agreement may for cause, be terminated by either party upon giving 30 days
written notice to the other party. Termination of this Agreement shall not bar the parties from
seeking other remedies available against the other party for breach of the agreement.

Article IX. FORCE MAJEURE

A party will not be responsible to the other for non-performance or delay in

performance of the terms of this Agreement where such performance or delay is due, wholly
or in part, to circumstances beyond the party’s reasonable control, natural disasters or any
act of sovereignty, wars, warlike conditions, such as civil disturbances or other such like
events which prevent normal operations.

Article X. INDEMNIFICATION

Each Party (the "Indemnifying Party") shall indemnify, hold free and harmless, and
defend at its own expense the other Party (the "Indemnified Party") and its officials, agents,
employees, students or workers, from and against all suits, claims, demands, and liabilities
of any nature or kind, including costs and expenses associated therewith, arising out of acts
or omissions of the Indemnifying Party, its employees, workers, students or workers in the
performance of any activity in connection with this Agreement.

Article XI. DISPUTES

For any conflict with respect to the interpretation or operation of the provisions of
this Agreement, the parties shall exert their best efforts to amicably settle such disputes. In
case of the parties fail to amicably settle such disputes, the rules under the Administrative
Code of 1987 on dispute between government agencies shall apply.

Article XII. SEPARABILITY

In the event that one or more provisions contained herein shall be held invalid, illegal
or unenforceable in any respect and for any reason, the remaining provisions shall remain
valid, legal and enforceable.

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 Article XIII. DOCUMENTS COMPRISING THE AGREEMENT

All appendages hereto attached are hereby expressly made an integral part of this
Agreement by reference, excluding inconsistencies with any/all part, terms and conditions
contained in this Agreement.

IN WITNESS WHEREOF, the Parties hereto have signed this Memorandum of

Agreement this ______ of _________ 2023 at _________________________.

For: LAGUNA STATE POLYTECHNIC For: DEPARTMENT OF AGRICULTURE –

UNIVERSITY RFO IV – A

______________________________________ _____________________________________
MARIO R. BRIONES Ed.D MILO D. DELOS REYES, CESE
President Regional Executive Director

Date: ________________ Date: ________________

Signed in the presence of:

ATTY. RUSHID JAY S. SANCON,LLM. Ph.D

______________________________________ ALEXANDRA Q. JAMORALIN, Ph.D
_____________________________________
Campus Director OIC-Center Chief, RARES

Date: ________________ Date: ________________

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 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

Province of Laguna ) S. S.
Municipality of Los Baños )

BEFORE ME, this ________ day of __________, 2023 at

______________________ appeared personally the following:

Name ID Number Date/Place Issued

LSPU-ID-00-0691-
MARIO R. BRIONES LSPU San Pablo Campus
0073

MILO D. DELOS REYES, CESE

known to me and to be known the same persons who executed the foregoing instrument
consisting of seven (7) pages including this page on which the acknowledgement is written,
has been signed on the right hand margin of each and every page with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day, year,
and place above written.

_____________________________
Notary Public
Until Dec. 31, ______
PTR No. ___________
TIN _______________

Doc. No. ______________

Page No. ______________
Book No. ______________
Series of ______________

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