(Approved format by City Legal Officer 02/06/23)

College of Business and Accountancy

MEMORANDUM OF AGREEMENT

KNOWN ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement is hereby entered into by and between:

The CITY OF MALABON UNIVERSITY, a duly organized higher learning institution

offering BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION MAJOR IN FINANCIAL
MANAGEMENT for College of Business and accountancy represented by its University
President, DR. GLEN DV. DE LEON with principal address at Maya Maya cor. Pampano St.,
Longos Malabon City and hereinafter referred to as the “UNIVERSITY”.

- and -

The ALORICA PHILIPPINES, a duly organized government agency created and existing
under the laws of the Republic of the Philippines, represented by HERBERT M. GRATELA
(Team Manager/Supervisor) with principal address at Three Cyberpod Centris Edsa, cor
Quezon Ave, Diliman, Quezon City, 1100 Metro Manila, and hereinafter referred to as the
“AGENCY PARTNER”.

WITNESSETH; That:

WHEREAS, the UNIVERSITY, an established Higher Education Institution (HEI), has

instituted the Student Internship Program in the Philippines (SIPP) under the Institutional
Development and External Affairs, wherein qualified students are provided an opportunity to
complement their formal learning with practical knowledge, skills and desirable attitudes, and
gain hands-on experience with the AGENCY PARTNER, a recognized Host Training
Establishment (HTE);

WHEREAS, both the UNIVERSITY and the INDUSTRY PARTNER aim to strengthen the
implementation of the SIPP by establishing a harmonious collaboration to support the educational
environment of student interns and train them under actual workplace conditions, to the extent
possible;

WHEREAS, the UNIVERSITY proposes that its students be allowed to undergo internship at
the AGENCY PARTNER’s facilities and offices, through a virtual/home-based/off-site/face-to-face
work arrangement, to enrich the UNIVERSITY’s curricula and to respond to the needs of the
industry, whereby proposal was accepted/approved by the AGENCY PARTNER, subject to terms
and conditions provided for in this Memorandum of Agreement;

WHEREAS, the AGENCY PARTNER agrees to accept students from the UNIVERSITY as
interns at its various facilities and offices in order to provide them with a venue to customize the
process of technical training through employer-driven internship plans for selected student
beneficiaries from the UNIVERSITY, thereby providing the AGENCY PARTNER with an
opportunity to contribute to society through corporate social responsibilities;

NOW, THEREFORE, for and in consideration of the foregoing premises, the UNIVERSITY
and the AGENCY PARTNER agree and stipulate the following:

TERM. This Agreement shall be valid for a period of two (2) year from signing thereof,
subject to a renewal or extension thereof upon mutual agreement in writing by the
Parties.

CONSIDERATION. The Parties agree that the consideration on the part of the
UNIVERSITY shall be the practical education to be learned by its students in line with
its primary purpose of providing education and for which it is compensated; while, for
the AGENCY PARTNER, it shall be the services to be performed by UNIVERSITY’s
students while receiving such practical education and the performance of its corporate
social responsibility in providing the same.

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OBLIGATIONS OF THE PARTIES:

A. The UNIVERSITY shall:

1. Designate a SIP Coordinator from the college proponent of the HEI who will supervise the
student Internship program and coordinate with the AGENCY PARTNER on all the
activities under this Program;

2. Pre-select and recommend qualified students who will undergo the internship taking into
consideration the requirements of the AGENCY PARTNER in terms of qualifications and
number of interns needed, it being understood that only students taking courses wherein
internship is an academic requirement will be recommended;

3. Submit to the AGENCY PARTNER the resumé and all other documents required under
this program, which shall serve as the basis of the AGENCY PARTNER to screen, select
and deploy specific students for Internship;

4. Conduct pre-internship orientation/training to student interns, as a prerequisite to

deployment, on rules, proper attitude, behavior, work ethics and work environment
issues, among others;

5. Monitor attendance, activities and performance of students during internship and/or

inside the internship site, as applicable;

6. Facilitate matching of job assignment with the internship course requirements for the
student´s attainment of advanced standing in the program through regular interaction
with the student interns and the HTE, and/or regular visits to the internship site, as
applicable;

7. Coach and assist student interns in resolving problems/issues encountered;

8. Together with the students and parents concerned, renounce any claim against the
AGENCY PARTNER for injury that the students may sustain or loss that they suffer,
personal or pecuniary arising from negligence in the performance of their duties and
functions while under training unless the injury is caused by technical or mechanical
malfunctions attributable to the fault and negligence of the AGENCY PARTNER or any of
its employees or representatives.

B. The AGENCY PARTNER shall:

1. Screen, select, and deploy student interns to the different offices and operating units of
the HTE;

2. Designate from among the employees of the HTE a point person responsible for the
implementation of all phases of the internship and will be assigned the following
responsibilities:

a. Orient the student interns on the standard rules and regulations of their establishment;

b. Serve as mentor to the student interns;

c. Give the student interns course-related work assignments and expose them to learning
experience on actual operations and management;

d. Arrange a conference with the SIP Coordinator when student intern problem arises;

3. Deploy the student interns to the different operating units of the AGENCY PARTNER for
a fixed period of time which will depend upon the course taken by the student interns and
as agreed upon on a case-by-case basis between the AGENCY PARTNER and the
UNIVERSITY;

4. Adhere to all regulations regarding labor laws pertaining to student internship or learners’
programs, as well as health and safety laws;

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 5. Provide safety instructions throughout the internship period;

6. Accomplish the necessary forms as may be required by the UNIVERSITY in connection

with the internship of their students;

7. Provide the student interns __________ per hour training allowance. (optional)

8. Assess the student interns based on the tasks assigned at the end of the training period
and provide duly accomplished evaluation sheet to the UNIVERSITY;

9. Issue certificate of completion to student interns who successfully finished and passed
their training under this program;

10.Adopt and enforce rules that will govern the conduct of the program. Said rules shall be
made known to the UNIVERSITY and student interns before the start of the training.

C. Under this Memorandum of Agreement, the following terms and conditions are likewise
included:

1. It is expressly understood that there will be no employer-employee relationship between

the AGENCY PARTNER and the student intern of the UNIVERSITY.

2. The student interns will be personally responsible for any and all liabilities for damage to
property or injury to third persons, which maybe occasioned by their intentional or
negligent acts in the course of their internship. The AGENCY PARTNER shall defend and
hold the UNIVERSITY, its officials and employees, absolutely free and harmless from all
claims, suits or actions arising from such damage to property or injury to third persons

3. The student interns and the UNIVERSITY shall abide by the AGENCY PARTNER’s rules
and regulations and comply with those imposed for the program, otherwise they shall be
excluded from further participation such as attendance and performance policy violations.

4. Both Parties shall exert all efforts necessary to achieve the objectives of this joint
undertaking;

5. Neither of the Parties shall be liable in any way for the failure to observe or perform any
provision of this Agreement if such failure shall be caused by any law, rule or regulation of
any constituted public authority or shall be due to any cause beyond the control of the
Party in default.

6. Materials and information acquired and shared through this program will be treated with
strict confidentiality.

7. CONFIDENTIALITY AGREEMENT. Each Party agrees that it, and its employees,
officers, directors, students, and representatives will hold all information, documentation,
data or know-how disclosed by the other Party in confidence, and will not disclose to any
third Party or use said information or any part thereof without such other Party’s prior
written approval. This provision shall survive the termination of this Agreement.

8. DATA PRIVACY. In the event that either Party receives personal information as defined
in the Data Privacy Act of 2012 (the “Act”) of the Republic of the Philippines, both Parties
shall ensure full compliance with the provisions of the Act and that such personal
information will only be used to perform their obligations under this Agreement.

Each party shall, at all times, ensure and maintain the integrity, security, privacy and
availability of any personal data as defined under Republic Act No. 10173 otherwise known
as the “Data Privacy Act of 2012” and its Implementing Rules and Regulations “Data
Privacy Act” which may come in its possession or knowledge pursuant to this Agreement.

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 Both Parties shall obtain written consent from the other Party prior to disclosing, either
inside or outside the Republic of the Philippines, any personal information provided by the
other Party.

Both Parties shall undertake to advise the other Party immediately of any breach of the
obligations set out in this provision, employ their best endeavors to remedy that breach as
soon as possible and advise the other Party that they have done so. The guilty Party shall
indemnify the aggrieved Party for any violation or breach of the Act which renders the
aggrieved Party liable for any costs, claims, or expenses.

D. WARRANTIES. The Parties represent and warrant to each other that:

● The execution, delivery and performance of this Agreement have been duly authorized or
ratified by their respective entities or officers, and all necessary corporate or legislative
actions will not result in any breach or violation of any of its existing charter documents,
contracts, licenses, permits and authorizations, except as otherwise disclosed herein;

● This Agreement, when executed, constitutes a valid and binding obligation of the Parties
and shall be enforceable in accordance with its terms; and

● All authorizations, licenses resolutions and consents from their respective governmental
authorities, as required by law in respect of the execution and performance of this
Agreement have been duly taken, and shall be kept valid and effective by the Parties
during the term of this Agreement.

● The parties hereto expressly agree that nothing contained or implied in this AGREEMENT
shall constitute or be deemed to constitute a partnership or joint venture within the
parties hereto or any of them do not constitute nor be deemed to constitute any Party as
an affiliate to any Party for any purpose whatsoever.

● NO claim for damages of any party shall arise out of any breach of this AGREEMENT if
such breach is caused directly by government interference of any statute or regulation,
war, riot, civil disorder, revolution, acts of public enemies, strike or other labor
disturbance, fire, flood, natural calamities, or any other cause beyond the control of the
parties.

● If any provision of the AGREEMENT or part thereof is rendered void, illegal or

unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or
not enforceable only to that extent and no further.

● The invalidity or unenforceability of any provision of the AGREEMENT shall not affect or
impair other provisions that are otherwise valid, binding and effective.

E. GROUNDS FOR BLACKLISTING OF HTE WITHOUT PREJUDICE TO THE FILING OF

ADMINISTRATIVE AND/OR CRIMINAL CASE

Any HTE found guilty of violating any of the provisions contained of these guidelines may be
subjected to the following:

a. Written reprimand, with a warning that repeated or persistent violations of these

guidelines may result to the blacklisting of HTE; and

b. Blacklisting of HTE to participate in the SIPP.

c. Any student intern found guilty of violating any of the provisions contained may be
subjected to sanctions in accordance with the concerned HEI's rules and regulations.

F. CHILD PROTECTION, GENDER EQUALITY AND INCLUSIVE EDUCATION. The parties

shall adhere to and promote Philippine laws safeguarding the rights of children and the
Convention on the Rights of the Child (CRC), in which the best interest of the child is the
primary consideration. Both PARTIES shall transact only with companies that comply with
existing national labor laws and regulations with regards to their employment practices
(minimum age of employment, wages, working conditions), including apprenticeships for
children beyond the age of primary schooling.
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 Likewise, both parties agree to abide by the basic principles of gender equality and comply
with the provisions of existing gender-related international conventions and national laws.
Specifically, both PARTIES shall ensure that no gender-based discrimination takes place in
the course and as part of this engagement, both PARTIES shall promote gender-sensitive
language, including in, but not limited to, promotional materials, recordings, and
publications.

G. ENTIRE AGREEMENT. Each party understands and acknowledges that in the course of
the execution and performance of this Agreement or otherwise, it will receive or become
aware of confidential information of the other party and its stakeholders.

Each party, its agent, personnel, particularly First Party in Internship Program, undertakes
to maintain and protect the confidentiality of the said information at all times and to secure
and protect against unauthorized access during the agreement term or any time
thereafter.

Both parties shall not process said information without prior written consent of the other
party, and the data subject, directly or indirectly, or authorize or permit the use of any in
the performance of its rights and obligations hereunder, or to disclose, exploit, copy or
modify the said confidential information, or authorize or permit any third party to do the
same.

H. DURATION. This AGREEMENT shall take effect immediately upon signing by all parties
concerned and shall remain in force until the completion of the assignment and upon
satisfactory fulfillment of all terms and conditions embodied herein unless sooner
terminated through mutual written consent of the parties.

IN WITNESS THEREOF, parties of the agreement hereunto affix their signatures this ___
day of _____________ at Malabon City, Philippines.

SIGNATURES OF PARTIES’ PRINCIPALS

FOR HIGHER EDUCATION INSTITUTION FOR HOST TRAINING ESTABLISHMENT

DR. GLEN DV. DE LEON, CPA HERBERT M. GRATELA

University President Team Manager / Supervisor

SIGNED IN THE PRESENCE OF:

______________________________ ______________________________
DR. WILLAM DC. ENRIQUE, LPT DR. MA. SALOME B.
AGUINALDO
Vice President for Academic Affairs Vice President for Institutional
Development and External Affairs

______________________________ ________________________________
JANINE MONEDA-DELA CRUZ, DBA PROF. ELMER TAMAÑA
Dean, College of Business and Accountancy Program Head

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 A C K N O W L E D GE M E N T

REPUBLIC OF THE PHILIPPINES)

MALABON CITY) S.S.

BEFORE ME, a Notary Public for and in Malabon City, on this ____day of _________personally
appeared the persons named below who have exhibited to me competent proof of their
identities:

COMPETENT EVIDENCE OF DATE/PLACE

NAME
IDENTITY ISSUED

Known to me and to me known be the same persons who executed this foregoing Memorandum
of Agreement, consisting of six (6) pages including this page, and acknowledged to me that the
same is there and voluntary act and deed of the entities they respectively represent.

WITNESS MY HAND AND SEAL on the day and place herein above mentioned.

Doc. No._______
Page No._______
Book No._______
Series No.______

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