MEMORANDUM OF AGREEMENT Know All Men By These Presents: This Mi eh = pata OF AGREEMENT (hereinafter “Agreement’) is made and entered ‘The POLYTECHNIC UNIVERSITY OF THE PHILIPPINES, a state university with principal address at Anonas St., Sta. Mesa, Manila, duly represented by its Vice President for Academic Affairs, DR. EMANUEL C. DE GUZMAN, and hereinafter referred to as “UNIVERSITY”. -and- ‘The REYES TACANDONG & CO., a general professional partnership duly created and existing under the laws of the Republic of the Philippines, with office address at BDO Towers Valero, 8741 Paseo de Roxas, Makati City 1226, Philippines, duly represented by its Audit Partner and Head of Administration Services, MR. WILSON P. TEO, hereinafter referred to as 1e "FIRM", WITNESSETH: WHEREAS, the Commission on Higher Education (CHED), on 24 May 2020, issued CHED COVID Advisory No. 7, wherein it stated that OJT and internship programs (foreign and local) remain suspended until ECQ, MECQ, GCQ, and MGCQ has been lifted. For Higher Educational Institutions (HEIs) in MGCQ areas, in-campus OJT and internship programs can be authorized provided there is strict compliance with physical distancing and other health protocols. On 10 February 2021, the CHED and the Department of Health (DOH) issued Joint Memorandum Circular Order No. 2021-001 wherein CHED and DOH prioritized selected health- related degree programs regarded as vital in providing additional manpower support in the health system, for the gradual reopening of HE! campuses for limited face-to-face classes and internship. WHEREAS, pursuant to the aforementioned issuances, the Office of the Vice President for Academic Affairs, through Memorandum Order No. 2, Series of 2021, allowed the offering of On-the-Job Training (OJT) and Internship Programs by means of online and/or correspondence mode of delivery. WHEREAS, the UNIVERSITY, has established an Intemship Program as part of its curriculum. The program is designed to supplement the learnings and to train students to Become competitive and technologically innovative professionals through actual exposure to & professional workplace or through online platform to address the new normal brought about by COVID-19; WHEREAS, the FIRM supports this program and is willing to give the students of the UNIVERSITY a course related work assignments and expose them to actual learning experiences; NOW THEREFORE, for i bind themselves to undertake this in consideration of the foregoing premises, the parties hereby ‘Agreement under the following terms and conditions: ‘A. Responsibilities of the University iversity shall instruct the College to conduct _ pre-internship : Te tinirening to the student intern, as a pre-requisite to his/her deployment to Otemship venues, on work environment issues, including but not limited to, proper Work ethics and laws against sexual harassment, MOA between HTE and PUP (Student Internship Program) ago oF -2 ali ae versity shall take appropriate action on any complaint against the student Wh sa cocardance with its policies. it may unilaterally withdraw the student intern ; ind to misbehave and/or act in defiance to existing standards, rules, regulations of the FIRM and impose the necessary University sanctions against the ‘said student intern; and 3. The University shall issue a final grade to the student intern upon completion of the requirements within the prescribed period in accordance with its regulations on grading system and performance assessment of the FIRM. B. Responsibilities of the FIRM 1. The FIRM shall commit to take in the student intern to undergo Internship Program consistent with the requirements of the University; 2. The FIRM shall orient the student intern on the standard rules and regulations of their establishment; 3. The FIRM shall provide free relevant instruction, exposure, and training to the student intern, consistent with its policies, rules and regulations. It shall treat the student intern in a professional manner, and shall ensure that the student intern, in the course of internship, 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 Program; and 4. The FIRM shall issue a Certificate of Completion to the student intern within ten (10) working days after the completion of internship and obtaining clearance from the FIRM. 1. The student intern shall execute an Internship Contract and/or Agreement with the FIRM which includes the notarized written consent of the parent/guardian allowing his/her son/daughter to undergo the internship program with the FIRM; 2. The student intern shall maintain confidentiality, when and where appropriate, during and after the internship period of all the data, business or trade secrets where such information is not within the public domain and is indicated and is understood as confidential; 3, The student intern shall adhere to the existing rules and regulations of the HTE including the proper use of tools, instruments, machines and equipment; and 4, The student intern shall be personally responsible for any and all liabilities arising from gross negligence in the performance of his/her duties and functions while under intemship. Moreover, the student intern acknowledges that he/she is accountable for laptops, and other company equipment issued/loan to him/her. Should the student intern fail to return the said laptop or in case of loss, to compensate seventy-four thousand pesos (Php74,000.00) corresponding to the cost of the laptop and its accessories, and no certificate of completion will be issued in the name of the student intern, D. General Provisions 4. The FIRM and the University shall jointly develop an Internship Plan for the student intern specifying objectives, knowledge, and competencies that the student intern Should acquire in each learning area, assignment, and/or activity covered by the Internship Plan; MOA between HTE and PUP (Student Internship Program) Ui Page 2 of 6: Mediorog 46 Mot obliged to employ the student intern upon completion of the intemship, The FIRM, however, upon consutaion withthe University, may invite 4 students to submit themselves to examinations, interviews, and file pertinent locuments in support of their application; 3. There is no employer-employee relationship between the FIRM and the student intern. As student intern, he/she shall not be entitled to the compensation/benefits accorded to an employee. However, the FIRM may grant the student intern a training allowance, if possible, in accordance with the FIRM's existing rules and regulations; 4. The student intems and the parents/guardian concerned shall be responsible for any injury, damage or loss that the student interns may sustain or may suffer, personal or Pecuniary, in the performance of their duties and functions while under training except such injury, damage or loss which may arise by reason of the gross negligent act or omission of the University andior the FIRM or willful act of any third party or personnel of the University and/or the FIRM; 5. The student intem holds the FIRM free and harmless from any liability on account of injury or damage occasioned by the acts or negligence of the student intern without the fault and negligence of the FIRM; 6. Any intellectual property owned by the Parties to this Agreement shall continue to be ‘owned by them exclusively. All intellectual property created by the student interns during the course of their internship, whether solely from the intern or jointly created with the creative team, be it for client or for agency promotion or otherwise, under the FIRM shall solely belong to the FIRM. However, student interns will be credited properly for the work they have created. The Intellectual Property Laws of the Philippines shall be applicable in this regard, when appropriate. 7. The Parties shall not divulge any information that it may have access to, and any such information will only be used for academic purposes; 8. It is expressly understood by the University and the student interns that all information on technology, manufacturing process, process standards, quality assurance methodologies, quality standards, production capabilities, raw material purchasing, marketing, finance, accounting and all other related documents, information, manuals, and operational or technical matters, including personal and sensitive personal information that the FIRM shall make available to them shall be used for the sole purpose of student training and are classified as confidential in nature and proprietary to the FIRM. The student interns hereby undertake to prevent any transfer of such information to any party outside of the FIRM without its knowledge and written consent. The University and the student-interns shall strictly observe the Confidentiality provisions under this Agreement; and 9. Both the University and the FIRM agree to data privacy protection pursuant to the Data Privacy Act of 2012. Moreover, all student interns shall be required to sign the data privacy consent with the FIRM at the time of their engagement. E. Confidentiality Agreement 4. The UNIVERSITY and its student‘interns shall only use any and all Confidential Information for the purpose of the performance of the activities described in this Agreement; 2, The UNIVERSITY and its student-intems shall treat and safeguard, as private and cee idential, all the Confidential Information received at any time from the FIRM's employees, officers or advisers; MOA between HTE and PUP (Student Internship Program) poses ofa iL.. Save as aia pee agi he OF regulation, the UNIVERSITY and its student-intems shall disclose or permit ata Prior written consent of the FIRM, directly or indirectly rarer 'e disclosure of the Confidential Information to any person or : ie RNS shall submit to the FIRM the names of the student-interns under internship program with a warranty that the former has advised its student- interns, and they have agreed, that they are strictly prohibited from using, publishing or otherwise disclosing to others, or permitting others to use for their benefit or to the detriment of the FIRM and its clients, any of the Confidential Information. The UNIVERSITY hereby assumes liability for the failure of any of its student-interns to comply with the terms and provisions of this Agreement; of the FIRM's clients, such 10 any person or third party he FIRM In case a student-intern is deployed or assigned to one student-intern shall not, at any time, disclose or divulge t any confidential information, trade secrets or any other proprietary data oft! and its clients; . The UNIVERSITY and its student-interns understand and acknowledge that any disclosure or misappropriation of any of the Confidential Information, in violation of this Agreement and the Data Privacy Act of 2012 and its Implementing Rules and Regulations, which may cause the FIRM irreparable harm, shall entitle the FIRM the right to apply for an order from a court of competent jurisdiction, restraining any such futher disclosure oF misappropriation and for such other roliof as the FIRM shall deem appropriate at any time up unti the final decision is issued by the appropriate dies available to the FIRM by law or in court. Such right shall be in addition to reme equity. The UNIVERSITY agrees to pay any legal fees that the FIRM may incur in enforcing this Agreement, At the conclusion of this internship program, or upon demand by the FIRM, all proprietary and confidential information, including but not limited to, reports, franuals, financial statements, accounting documents, ledgers, invoices, correspondence, and all other materials including all copies (whether, physical, Glectronic or otherwise) thereof relating, in any way, to the FIRM and/or to the FIRM's clients, and any office equipment received shall be retumed by the student- interns of the UNIVERSITY to the FIRM or at the direction or instance of the FIRM, destroy, irretrievably delete or permanently remove any or all of its analyses, Compilations, studies or other documents which reflect any of the Confidential Information. The UNIVERSITY shall assist the FIRM in demanding from the student- interns the retum of such confidential materials or equipment, and may enforce disciplinary actions on the student-interns for failure to do so or for breach of confidentiality; This confidentiality clause shall survive despite the termination of the Internship program. well as its terms and conditions herein shall be held in strict no portion or part hereof may be reproduced or be revealed to ignatories herein or their authorized |. This Agreement, as confidence and that ‘any personnel or entity other than the si representative. MOA between HTE and PUP (Student Internship Program) Pago 4 of 6F. Online Internship The Onlit i GED COVID Advosy Ne Program of re University is established in order to comply with }orandum provisions of this Agreement, when applicable, and the fObowing shal epely oe 1 resent intems are allowed to perform Online Training (web-based) or be seed ot fork-from-Home arrangements as delegated by the HTE and 'e policies of the University. The same shall be considered creditable internship hours for the purpose of this Agreement; The student interns are expected to perform office-related tasks such as, but not limited to, research, production of written reports, attendance in meetings (i.e. Zoom, Google Meet, Microsoft Teams and other similar video conferencing services), as may be applicable; and The student interns shall perform tasks or responsibilities within the time period as specified in the Agreement established by the University and the FIRM. G. Termination, Entirety of the Agreement, Period and Governing Law 1. The Parties shall have the right to pre-terminate the training contemplated by this ‘Agreement by serving a written notice to the other party at least ten (10) days prior to the intended date of termination and based on the following grounds: ‘a. The student intern substantially violates the rules and regulations of FIRM, or in cases of serious misconduct of the student intern; b. The FIRM is proven to fail in providing the safety of the student intern and quality of training contemplated by this Agreement; and c. There is any material violation of the foregoing covenants that will warrant the cancellation of this Agreement. The 10-working day written notice will not apply in case of the student-inter's Violation of data privacy rules which adversely affects the FIRM and its clients, gross negligence in the performance of its duties, commission of a crime or offense, and other analogous causes. PROVIDED, that the terminating party shall formally inform the Program Coordinator or Faculty Adviser of the grievance before any decision to terminate is made and finalized. The Program Coordinator or Faculty Adviser shall intervene in order to rectify the situation in the interest of all parties concerned. 2. 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. 3. This Agreement shall take effect beginning the 1" semester of SY 2021-2022 and shall continue to be in force for a period of three (3) years unless earlier terminated for just cause, by either Party after thirty (30) days prior written notice to the other Party. 4. The three year period shall be applicable to cover other prospective student interns who may likewise be required to undergo an internship with the FIRM during the effectivity of this Agreement. 5. Any renewal of this Agreement shall be through the mutual written consent by both parties. 6. This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. MOA between HTE and PUP (Student Internship Program) ape or8 tb.+ the parties hereby \Phiippings Me Signatures this day of POLYTECHNIC UI NIVERST OF THE PHILIPPINES REYES TACANDONG & CO., By: afl = DR. EMANUEL C. DE GU: i A ZMAN MR. WILSDN P. TEO Vice President for Academic Affairs Audit Paftner and Head of Admirkstration Services SIGNED IN THE PRESENCE OF: DR. JULIETA G, FONTE Ringe D. SOTT Dean, College of Accountancy and Finance a 9A oe o ar ACKNOWLEDGMENT Republic of the Phili CaRy OF MANE) gs, IE, a Notary Public, for and in the oid tt BEF\ ME BEBO T AD personaly eppearet OF.MANLA this day Valid Proof of Identity Issued at/on DR. EMANUEL C. DE GUZMAN Pup pe Wout Hanke MR. WILSON P. TEO Pk DH ARTES alza 2023 known to me to be the same persons who executed this instrument and acknowledged the ‘same to me as their free and voluntary act and deed, and of the entities they respectively represent. ‘This document consists of four (4) pages including the page where this Acknowledgment is written, and the parties signed at the left margin of each and every page hereof. WITNESS MY HAND AND SEAL on the place and date first above written. Notary Public Pp ‘Doc. No. ie f - pI Peano AE arfifeFcucW4.reuueia Book No. 5 Not ry . Series of 2022. val PTR No, fy 11-05-22/ Manila MCLE Compliance No. VII-0004108