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Memorandum of agreement


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Memorandum of agreement

  1. 1. MEMORANDUM OF AGREEMENTKNOW ALL MEN BY THESE PRESENTS: This Memorandum of Agreement (“Agreement”) is entered into by and betweenthe following: DR. YANGA’S COLLEGES, INC., a private, non-sectarian educational institutionexisting under and by virtues of the laws of the Republic of the Philippines with principaladdress at McArthur Highway, Wakas, Bocaue, Bulacan, represented by the dean ofthe College of the Computer Studies, Prof. Marilyn M. Sanchez, hereinafter referred toas the FIRST PARTY,-and- FAST SERVICES CORPORATION ., located at Meycauayan, Bulacan, hereinduly represented by the Officer in Charge of its Human Resources Department,hereinafter referred to as the SECOND PARTY;Withesseth: -- WHEREAS, the FIRST PARTY has established a professional program for itsstudents which was duly approved by the Commission on Higher Education (“CHED”); WHEREAS, one of the objectives of the program is to train students to becomecompetitive, innovative, technical and world-Class I.T. professional through actualexposure to an I.T. workplace environment; WHEREAS, the FIRST PARTY has chosen the SECOND PARTY as one of theformer’s venue for practicum purposes given the latter’s extensive resources and itsproximity; WHEREAS, the SECOND PARTY has agreed to cooperate with the FIRSTPARTY in the utilization of the former’s premises and facilities as an extension foreducational training; NOW THEREFORE, for and in consideration of the foregoing premises, theparties bind themselves to the following terms and conditions:Obligations of the FIRST PARTY 1. The FIRST PARTY shall provide the SECOND PARTY with the copy of the current guidelines on the practicum training. 2. The FIRST PARTY will provide the SECOND PARTY with the list of the names of the participating students, the nature of the educational assignments of each student, the dates when the students are to report for their assigned tasks and the total number of training hours required under the program. 3. The FIRST PARTY undertakes to inform the participating students that the prescribed dress code of the second party and the school identification cards shall be worn during training hours.
  2. 2. 4. The FIRST PARTY will designate a Practicum Coordinator who will coordinate with the SECOND PARTY regarding student assignments and training activities, assist in student evaluation and resolve any dispute which may arise during training hours. 5. The FIRST PARTY, through the Practicum Coordinator, shall monitor the performance and professional demeanor of each student. 6. The FIRST PARTY undertakes to withdraw its endorsement in favor of any student who, through commission of disciplinary infraction, and after due investigation, will prove to be unfit to continue the practicum training. For the purpose of averting personal harm or injury to a fellow student or to anyone employed with the SECOND PARTY, and/or potential damage to property. 7. The FIRST PARTY agrees not to use the company name of the SECOND PARTY in any publication or advertising, except in school catalogues, bulletins and student recruitment materials.Obligation of the SECOND PARTY 1. The SECOND PARTY shall send a formal letter to each student whom it has accepted for practicum training through the College Dean. 2. Before the actual commencement of practical training, the SECOND PARTY shall conduct an orientation lecture in order to apprise the participating students of house rules and working regulations of the SECOND PARTY. 3. The SECOND PARTY shall designate one or more members of its staff with appropriate qualifications to instruct and supervise the students during training hours. The SECOND PARTY undertakes to make the said staff members available for academic consultation by the students. 4. The SECOND PARTY is primarily responsible for the actual supervision and control of the practicum training, students activities and security while the students are within the premises. 5. The SECOND PARTY shall provide the students with nominal financial or material consideration in the form of transportation and/or meal allowance. 6. The SECOND PARTY shall coordinate with the practicum coordinator regarding any concern involving any of the students particularly in matters obedience to house rules and working regulations and their educational progress while in training. 7. The SECOND PARTY agrees to fix the dates of the practicum training in such a way to conflict class schedules, if any , as provided by the FIRST PARTY. 8. The SECOND PARTY shall absorb the student after graduation if there is an opening and if the student demonstrated the work qualities that the SECOND PARTY is looking for.
  3. 3. 9. the Company agrees to provide each student in the Company all company policies, rules, and regulations which are pertinent to the student’s role in the practicum.By signing below, both parties consent to the terms of this agreement. DATE:Dean,College of Computer Studies DATE:Admin HeadSIGNED IN THE PRESENCE OF Witness Witness
  4. 4. ACKNOWLEDGEMENTRepublic of the Philippines ) ) ss BEFORE ME, a Notary Public for and within the above jurisdiction on Personally appeared the following exhibiting to me theirCommunity Tax Certificates and government-issued identification cards:Name CTC No. Date/Place of IssueKnown to me and to me known to be the same persons who executed the foregoinginstrument and they acknowledged to me that the same is their own free act andvoluntary deed.This instrument, which refers to a practicum program for students, consists of three (3)pages including the one where this acknowledgement is written, signed by the partieson each and every page and sealed with my notarial seal. WITHNESS MY HAND on the date and place first above-written.Doc. No. ;Page no. ;Book no. ;Series no. ;
  5. 5. PRACTICUM MEMORANDUM OF AGREEMENTI. This Memorandum of Agreement (hereinafter called MOA) is made thisBy and between the DR. YANGA’S COLLEGES, INC – COLLEGE OF COMPUTERSTUDIES, Wakas, Bocaue, Bulacan (hereinafter Called the “DYCI-CCS”) and (hereinafter called the “Company”).II. WHEREAS, the administrators of DYCI-CCS have established an approvedprofessional program which has been recognized by the Commission on HigherEducation (CHED).WHEREAS, one of the objectives of this program is to train students to becomecompetitive, innovative, technical, and world-class I.T. professionals;WHEREAS, it is the desire of DYCI-CCS to utilize the resources of the company forpracticum students;WHEREAS, the Company has such facilities and is desirous of cooperating with DYCI-CCS in making them available for educational purposes;NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:A. the DYCI-CCS and the Company jointly agree:1. As summer of April 2009 the Company will allow DYCI-CCS students to take their practicum.2. This agreement shall effective beginning April 2009 and ending April 2014. Either the party may terminate this agreement by giving the other a written notice of termination of not less than thirty (30) days. The agreement may be terminated at any time by mutual consent.3. The determination of the number of the students to be assigned to the placement shall be negotiated between the Company and the DYCI-CCS. The Company has the final decision on the number of students it can accommodate.4. The Company and DYCI-CCS shall cooperate in the placement of the students, each sharing responsibility for the final selection of the students. The Company has no obligation to work with students who are initially considered to be, or are later found to be, unsuited to the Company.5. No party to this agreement shall discriminate against any person of gender, age, religion, disability, or sexual orientation.6. The parties agree that the students are not employees and that their program is not intended to replace regular paid employees or contracts for services.
  6. 6. 7. The parties agree that there shall be no fees paid by the company for students participating in the practicum, except for such expenses as incidental to their supervision and instruction.8. It is mutually agreed that the Company’s acceptance of students for practicum assignment does not obligate the Company to compensate the DYCI-CCS. In addition, there is no financial obligation on the part of either institution to the other.9 Any agreement between the student and the company which promise financialcompensation to the students are completely separate and apart from this MOA.B. The Responsibilities of DYCI-CIT1. The DYCI-CCS will provide the Company with a current Practicum Guidelines.2. The DYCI-CCS will provide the Company with information on dates of practicum assignments, hours of work, and the nature of educational assignments necessary for each student necessary for each student.3. The DYCI-CCS will designate a Practicum Coordinator (PC) to work with the Company in developing student assignments and training activities, assisting with student evaluation, and resolving disputes which may arise.4. The DYCI-CCS is responsible for monitoring the learning experience of the student.5. When circumstances beyond the control of the DYCI-CCS indicate that the student must be withdrawn, or if the company is unable to meet the conditions of the agreement, the DYCI-CCS has the responsibility to withdraw the student from the Company. This action would be taken only in consultation with the Company.6. The DYCI-CCS may offer learning opportunities the Company may attend that is free of charge.7. The DYCI-CCS agree no to use the Company name in any publications or advertising, except in school catalogues, bulletins and student recruitment materials.C. The Responsibilities of the Company1. The Company will send an Acceptance Letter (AL) to the qualified practicum students through the College Dean.2. The Company will designate one or more staff with appropriate qualifications to instruct and to supervise the students and to be available for such consultation as required by DYCI-CCS to ensure the student learning.3. The Company will be responsible for the actual supervision and control of the student’s activities within the company.4. The Company will NOT ask or require anything either in kind or in cash to the students.5. The Company will provide students learning experiences.6. The Company will communicate immediately with the Practicum Coordinator any concern regarding the student’s performance and/ or learning.
  7. 7. 7. The Company will consult with DYCI-CCS immediately if specific circumstances arise which required the Company to ask the student to be withdrawn from the placement during the school yea,8. The Company will agree to arrange student schedules, which will not conflict with those schedules on the DYCI-CCS.General Terms and Conditions 1. This agreement shall be effective beginning April 2009 and ending on April 2014.Either party may terminate this agreement based on just grounds by giving the other awritten notice of not less than thirty (30) days prior to the end of the current term i.e. firstsemester, summer term. 2. The determination of the number of students to be assigned to the placement shall be subject to separate discussion between the parties. In case of any serious dispute, the decision of the SECOND PARTY shall prevail. 3. Both parties undertake not to discriminate against any student based on gender, age, religion, disability or sexual orientation. 4. Both parties are in agreement that the students are not employees of the SECOND PARTY and that the practicum program is not intended to replace regular employees nor any existing for prospective labor-outsourcing contracts. 5. The parties agree that no fees shall be paid by the SECOND PARTY in relation with the participation of the students in the practicum program, other than those minimal expenses incidental and necessary their supervision and instruction. IN WITNESS WHEREOF, the parties have hereunto set their hands this In Bocaue, Bulacan.DR. YANGA’S COLLEGES, INC. First Party Second PartyBy: By: Dean Admin Head College Of Computer Studies