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MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (hereinafter “the Agreement” is made and entered


into this __11th__ day of _July_, 2022 in the City of Manila, Philippines by and between:

The PAMANTASAN NG LUNGSOD NG MAYNILA, an educational


institution duly organized and existing under and by virtue of the laws of the
Philippines (Republic Act No. 4196), with principal address at General Luna
corner Muralla Streets, Intramuros, Manila, represented in this Act by ENGR.
JUAN C. TALLARA, JR., the Dean of the College of Engineering and
Technology, hereunto duly authorized and hereinafter referred to as the
“PAMANTASAN”

and

The GINED BUILDING SOLUTIONS, INC. a company duly organized and


existing under and by virtue of Philippine laws, with principal address at Lot 4
Blk. 6 Sego Lily St., Lillesville Subd., Camarin, Caloocan City, represented
herein by GINA A. FELICIANO, the VP-Admin & Finance of the GINED
BUILDING SOLUTIONS, INC., hereinafter referred to as the
“COMPANY”

Individually a “PARTY”; collectively, the PAMANTASAN and


COMPANY shall be referred to as “PARTIES”

WITNESSETH

WHEREAS, the PAMANTASAN is a public, non-sectarian, non-profit, non-


partisan, institution of higher learning dedicated to the advancement of human knowledge,
particularly of the City of Manila;

WHEREAS, the PAMANTASAN integrated an internship program as part of the


curriculum for its Electrical Engineering students in order to instill and hone them with
adequate knowledge in the actual industry experience and to strengthen their formal
education;

WHEREAS, the PAMANTASAN seeks to upgrade the quality of its educational


programs through linkages with other private/public institutions/organization/affiliation
centers;

WHEREAS, the PAMANTASAN recognizes the capacity and competence of the


COMPANY to mentor, guide, and accommodate students through their On-the-Job Training
(OJT) Program;

WHEREAS, the COMPANY that provides Electrical and Auxiliary Systems


engineering and construction services for residential, commercial and industrial facilities
through premium quality, on-time delivery, and cost-efficient services;

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WHEREAS, the COMPANY desires to help and provide opportunity for actual work
exposure and offers other educational assistance to deserving and qualified students of the
PAMANTASAN in the form of on-the-job-training;

WHEREAS, the COMPANY is willing to accept qualified Bachelor of Science in


Electrical Engineering students of the PAMANTASAN, hereinafter referred to as the
STUDENT-INTERN/S, while the PAMANTASAN is willing to participate in the training
program of the COMPANY, subject to the rules and regulations and policies of the
COMPANY and those of its training programs as may now be existing or may hereafter be
promulgated;

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


contracting parties hereto mutually agree as follows:

CHAPTER I
NATURE AND SCOPE OF THE AGREEMENT

SECTION 1 This Agreement shall provide a suitable mechanism by which the assignment,
training and rotation of Student-Interns from the PAMANTASAN to the COMPANY can
be effectively implemented.
CHAPTER II
RIGHTS AND OBLIGATIONS OF THE PAMANTASAN

SECTION 1 The PAMANTASAN shall field incoming 4th year Bachelor of Science in
Electrical Engineering Student-Interns for On-the-Job Training/Practicum Training/Internship
to the company from July 11, 2022 to August 20, 2022 AY 2021-2022, or until such time that
the Student-Interns have completed the minimum of 240 Hours. It shall be responsible for the
following:

a. Designate an Internship Coordinator who shall coordinate with the COMPANY on


the procedure and pre-requisites of the On-the-Job Training/ Practicum
Training/Internship for the benefit of the student/s;

b. Inform the STUDENT-INTERN/S of the curricular and other requirements of the


On-the-Job Training/ Practicum Training/Internship prior to the internship/training
period;

c. Adhere to the Confidentiality Agreement of all proprietary information and


intellectual property on technologies of COMPANY that will be disclosed within the
context of the collaboration as stipulated in the Non-Disclosure Agreement;

d. Monitor the progress of the STUDENT-INTERN/S, coordinate with the


COMPANY to determine the status and progress of the STUDENT-INTERN/S, and
guide the STUDENT-INTERN/S to maximize their learning experience, conducting
consultation meetings whenever necessary for the said purpose;

e. Evaluate the performance of the STUDENT-INTERN/S jointly with the


COMPANY based on the OJT Program.

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SECTION 2 The PAMANTASAN shall inform the STUDENT-INTERN/S of the
curricular and other requirements of the On-the-Job Training/Practicum Training/Internship
prior to the internship/training period.

SECTION 3 The PAMANTASAN shall prepare the training plan or proposed areas of skills
in coordination with the COMPANY where students need further training and experience.

SECTION 4 The PAMANTASAN shall renounce and waive any claim against the
COMPANY for any injury or loss that the STUDENT-INTERN/S may sustain or suffer,
personal or pecuniary, in the performance of their duties and functions while under training
not attributable to the negligence or willful act or omission of any of the personnel, officers
and agents of the COMPANY.

SECTION 5 The PAMANTASAN shall reasonably exert reasonable efforts that the
STUDENT-INTERN/S settle all their responsibilities before the termination of this
Memorandum of Agreement. However, nothing herein shall be construed as to make the
PAMANTASAN primarily or subsidiary liable for the financial accountabilities of the
STUDENT-INTERN/S to the COMPANY.

SECTION 6 The PAMANTASAN shall provide feedback to the COMPANY on the overall
implementation of the 2022 On-the-Job Training (OJT) Program through post-training
review.

SECTION 7 The PAMANTASAN shall strictly implement that the On-the Job Training or
Internship program is in compliance with the CHED COVID-19 Advisory and with the rules
and regulations in the PAMANTASAN regarding COVID-19 health protocols. All tasks to be
provided by the COMPANY to the STUDENT-INTERN/S may be conducted in remote
mode (full work-from-home) or blended mode (mix of work-from-home and face-to-face).

CHAPTER III
RIGHTS AND OBLIGATIONS OF THE COMPANY

SECTION 1 The COMPANY shall make its staff and facilities available in the training of
the STUDENT-INTERN/S of the PAMANTASAN. It shall be responsible for the
following:

a. Designate a competent staff as Supervisor of the student. The Supervisor will


supervise, mentor, and guide the STUDENT-INTERN/S of the PAMANTASAN
through the course of the internship program;

b. Orient the STUDENT-INTERN/S on the standard policies, rules, and regulations


of the COMPANY and the On-the-Job Training (OJT) Program;

c. Provide and secure Non-Disclosure Agreement for the Confidential and


Proprietary Information per STUDENT-INTERN/S including the designated
Internship Coordinator of the agreement as stipulated in (Non-Disclosure
Agreement for Confidentiality and Proprietary Information);

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d. Determination of assignments of the STUDENT-INTERN/S during the course of
training, specifically to include time and schedule of lectures, working
relationships with consultants, supervisors, co-interns and other workers in the
COMPANY.

e. Accommodate the STUDENT-INTERN/S for OJT trainings and to provide


course-related assignments, actual work experience, trainings not limited to online
workshop, presentation, project reporting, and adequate tools as needed to enable
them to perform their duties;

f. Provide the time-schedule and monitor the progress of the STUDENT-


INTERN/S through their attendance, weekly reporting, and submission of other
reportorial documents;

g. For this purpose, the COMPANY in consultation with the PAMANTASAN shall
determine the content of the course and the instructional materials that maybe
needed.

h. The COMPANY shall implement their training program in remote mode (full
work-from-home) or blended mode (mix of work-from-home and face-to-face).

i. The equipment and facilities of the COMPANY shall be made available for the
use of training of the Student-Interns during reasonable hours.

SECTION 2 The COMPANY shall designate a Company Coordinator, who shall act as
over-all coordinator of the On-the-Job Training/Practicum Training/Internship of the
students.

SECTION 3 Upon admission, the COMPANY shall orient the STUDENT-INTERN/S on


the programs, services, policies, procedures of the COMPANY. The COMPANY shall
provide the STUDENT-INTERN/S and the PAMANTASAN a copy of the training manual
and/or other pertinent rules, regulations and policies of the COMPANY.

SECTION 4 The COMPANY shall coordinate with the PAMANTASAN in order to


maximize the learning of the students and address valid concerns.

SECTION 5 The COMPANY shall make available for the use of the STUDENT-
INTERN/S, its equipment, materials, and other available facilities such as libraries,
laboratories, audio-visual room, among others, provided that it does not in any way interfere
with or hamper the operation of the COMPANY, insofar as the latter’s program and regular
activities are concerned.

SECTION 6 The COMPANY shall provide a safe and conducive working environment for
the STUDENT-INTERN/S and ensure that the students are amply protected from
harassment, exploitation or any incident which shall put under peril their life, health, honor,
and property.

SECTION 7 The COMPANY shall at all times secure the safety and welfare of the
STUDENT-INTERN/S.

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SECTION 8 The COMPANY shall not be liable for any litigation involving the
STUDENT-INTERN/S due to the latter’s negligence and acts in violation of the rules and
regulations of the training program of the COMPANY except to provide, all the necessary
cooperation and assistance to the student-trainees concerned.

SECTION 9 The COMPANY shall evaluate the students and grade them accordingly at the
completion of the On-the-Job Training/Practicum Training/Internship, subject to the rules and
regulations prescribed by the PAMANTASAN.

SECTION 10 The COMPANY reserves the right to dismiss the Student-Interns, when
proven guilty by a fact-finding committee composed of representatives from both PARTIES,
for any violation of the training agreement, misdemeanor, improper behavior, violation of
COMPANY rules, regulations and policies, and other similar causes in the course of their
stay at the COMPANY.

SECTION 11 The COMPANY shall strictly implement that the On-the Job Training or
Internship program is in compliance with the CHED COVID-19 Advisory and with the rules
and regulations in the PAMANTASAN regarding COVID-19 health protocols. All tasks to
be provided by the COMPANY to the Student-Interns may be conducted in remote mode
(full work-from-home) or blended mode (mix of work-from-home and face-to-face).

SECTION 12 The COMPANY shall issue a certificate of training/internship reflecting


successful completion of 2022 practicum/internship/On-the-Job Training Program.

CHAPTER IV
RIGHTS AND OBLIGATIONS OF THE STUDENT-INTERN/S

SECTION 1 The period of training for the STUDENT-INTERN/S shall cover 240 hours.

SECTION 2 It shall be the primary responsibility of the STUDENT-INTERN/S to complete


the requirements of the training course as well as other requirements made known to them at
the start of the training period.

SECTION 3 The STUDENT-INTERN/S shall strictly observe and comply with the
policies, rules and regulations governing the Internship Program set forth by the COMPANY
during and in the course of the training.

SECTION 4 The STUDENT-INTERN/S shall be personally responsible for claims and


liabilities for personal injury or damages or losses of the COMPANY property, equipment,
and supplies they may cause in the course of their practicum/on-the-job training which, when
required by the circumstance, shall be determined by a fact-finding body created for the
purpose.

SECTION 5 The STUDENT-INTERN/S shall present their work output to their supervisor
as part of the main requirement for completion of the 2022 On-the-Job Training (OJT)
Program

CHAPTER V

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AFFILIATION AND OTHER FEES

SECTION 1 No fees/affiliation charges will be collected from all Student-Interns from the
start and up to the last period of their internship.

CHAPTER VI
ARBITRATION

SECTION 1 Should any dispute, disagreement or controversy arise from this Agreement, the
PARTIES agree to resort to mediation or arbitration to be conducted by and under the rules
of National Center for Mediation of the Philippines which mediation shall not exceed thirty
(30) days notwithstanding any agreement or provision to the contrary. The PARTIES agree
that they will equally shoulder any and all expenses related to mediation or arbitration. No
court action can be filed without undergoing the process provided in this Section.

CHAPTER VII
CONFIDENTIALITY

SECTION 1 Both PARTIES agree to hold all confidential/propriety information in


confidence and agree to use confidential information only for purposes of this Agreement.
The PARTIES agree not to use, adapt or reproduce for any commercial purpose any
confidential information without the consent of the disclosing party.

CHAPTER VIII
EFFECTIVITY

SECTION 1 This Agreement shall take effect on July 11, 2021 AY 2021-2022 and shall be
effective for a period of one (1) academic year thereafter.

SECTION 2 This Agreement may be extended or renewed under terms and conditions
mutually agreed upon by the PARTIES in writing at any time prior to its revocation or
termination.

CHAPTER IX
AMENDMENT AND TERMINATION

SECTION 1 This Agreement shall not be considered as changed, modified, or altered unless
such changes, modifications or alterations are in writing and signed by both PARTIES to this
Agreement.

SECTION 2 This Agreement and all other documents executed in relation to or in


connection with these agreements which are specifically incorporated herein, shall constitute
the entire agreement between the PARTIES. Both PARTIES are not and shall not be bound
by any stipulations, representations, agreements or promises, oral or otherwise, not contained
in this Agreement or any document incorporated therein, unless stipulated to the contrary.

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SECTION 3 This Agreement is subject to renewal upon serving of notice of renewal at least
thirty (30) days before the date of termination of this contract.

SECTION 4 This Agreement may be terminated upon violation or non-compliance with any
terms and condition stipulated herein. Either PARTY shall make notice of termination at
least thirty (30) days prior the intended date of termination.

IN WITNESS WHEREOF, we hereunto set our hands this 11th day of July, 2022, in
Manila, Philippines.

GINED BUILDING SOLUTIONS, INC. PAMANTASAN NG LUNGSOD NG


MAYNILA

By: By:

GINA A. FELICIANO ENGR. JUAN C. TALLARA, JR.


VP-Admin & Finance College Dean
College of Engineering and Technology

Signed in the presence of:

MARIA ANA V. CRUZ ENGR. ANDREW G. BITANCOR


Admin Staff Chairperson
Electrical Engineering Department

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF MANILA ) S.S.

BEFORE ME, a Notary Public for and in the City of Manila on this 11th day of July
2022, personally appeared:

Name Proof of Identity Issued at / Valid until


Gina A. Feliciano 168-809-409-000 BIR-Caloocan City
Engr. Juan C. Tallara, Jr. PRC - 0045925 PRC-Manila

All known to me to be the same persons who executed the foregoing Memorandum of
Agreement and who acknowledged to me that the same is their own free and voluntary act
and deed as well as the institutions/agencies they represent.

WITNESS MY HAND AND SEAL on the date and in the place first above written.

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Doc. No. ;
Page No. ;
Book No. ;
Series of 2022.

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