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MEMORANDUM OF AGREEMENTKNOW ALL MEN BY THESE PRESENTS: This Agreement made and entered into by and between: The __________________a duly registered and recognized HIGHER EDUCATIONALINSTITUTION, with postal address at _____________________, represented by itsACADEMIC DEAN,________________hereinafter referred to as the “EDUCATIONALINSTITUTION”, and The ________________, a Government office existing under the laws of theREPUBLIC OF THE PHILIPPINES, with address at _____________, represented herein by its________________., and hereinafter referred to as the ________________. WITNESSETH, that: WHEREAS, the EDUCATIONAL INSTITUTION is offering courses in_____________________and has instituted an ON-THE-JOB TRAINING PROGRAM whereinqualified students will undergo training prior to graduation in order to be adequatelyfamiliar with actual _____________ to augment their formal training; WHEREAS, the EDUCATIONAL INSTITUTION proposes that its students beallowed to undergo On-the-Job Training Program at the _________________________,which proposal was accepted/approved by the latter, subject to terms and conditionsprovided for in this Agreement ( the On-the-Job Training Program ); WHEREAS, The _________________________ agreed to accept students of theEDUCATIONAL INSTITUTION as trainees at its various facilities in support of theEDUCATIONAL INSTITUTION’s On-the-Job Training Program and complement existingCriminology curricula to match law enforcement demands; NOW, THEREFORE, for and in consideration of the foregoing premises, theEDUCATIONAL INSTITUTION and the _________________________ agree and stipulate thefollowing:A. The EDUCATIONAL INSTITUTION SHALL; 1. Designate a Program Coordinator who will supervise the On-the-Job Training Program and coordinate with the _________________________ various activities under the On-the-Job training program; 2. Pre-select and recommend qualified students who will undergo the training taking into consideration the requirement of the _________________________ in terms of qualification and number of trainees needed, it being understood that only students taking courses wherein training is an academic requirement can be recommended;1
3. Submit to the _________________________, the resume and all other documents required under the On-the-Job Training Program, which shall serve as the basis of the _________________________ to screen, select and deploy specific students for the On-the-Job Training Program; 4. Orient students about rules, proper decorum, behavior and work ethics inside the _________________________ premises; 5. Monitor attendance, activities and performance of students during the On-the- Job Training Program; 6. Monitor compatibility of job circumstances with the course requirements for the student’s attainment of advanced standing in the program through regular interaction with the student-training and regular visit to the training site; 7. Together with the students and parents concerned, renounce and waive any claim against the _________________________ for injury that the students may sustain or loss that they may suffer, in any form, whether personal and pecuniary arising from the fault or negligence of the students in the performance of their duties and functions while undergoing the ON-THE-JOB TRAINING PROGRAM. The waiver of the students-trainees and their respective parents (as may be necessary) shall be submitted to the _________________________ prior to the commencement of the On-the-Job Training Program. The EDUCATIONAL INSTITUTION agrees and understands that the _________________________ may refuse to accept a Student-Trainee without a duly executed waiver; 8. Hold the _________________________ free and harmless from any claims or suits and shall forever defend the _________________________ from any such claim or suit whatsoever in connection with this agreement.B. The _________________________ SHALL: 1. Screen, select, and deploy students –trainee to the different offices and operating units of the _________________________; 2. Designate from among its employees an Industry Supervisor who will be assigned the following responsibilities; a. Serve as mentor to the student-trainees;2
b. Give the student-trainee course-related work assignments and expose them to learning experience on actual operations and management; c. Expose the student-trainee to real situation/problems and bottlenecks, thus enabling them to analyze and apply scientific as well as empirical approach to solution of technical problems; and d. Arrange a conference with the Program Director should a student-trainee problem arises; 3. Deploy the student-trainee to the different operating units of the _________________________ for a fixed period which will depend upon the course taken by the student-trainee and as agreed upon on a case to case basis by the _________________________ and the EDUCATIONAL INSTITUTION, Notwithstanding the foregoing, the EDUCATIONAL INSTTUTION agrees and understands that subject to prior notice to the EDUCATIONAL INSTITUTION, the _________________________ shall have the right to transfer or re-assign the student-trainee to a units other than where the student-trainee had originally been assigned, as the _________________________ deems necessary; 4. Adhere to all Philippine laws, rules and regulations pertaining to Training or learners program, as well as health and safety laws applicable to entities similarly situated; 5. Provide safety instruction throughout the training period; 6. Accomplish the necessary forms required by the EDUCATIONAL INSTITUTION in connection with the training of student-trainees; 7. Issue certificate of completion to student-trainee who successfully finish their training in the On-the-Job Training Program ; 8. Adopt and enforce rules that will govern the conduct of the On-the-Job Training Program. Said rules shall be made known to the EDUCATIONAL INSTITUTION and the student-trainee before the start of the training.C. Under this Agreement the following terms and conditions are likewise included; 1. It is expressly understood that there shall be no employer-employee relationship between the _________________________ and the student-trainee of the EDUCATIONAL INSTITUTION.3
2. The student-trainee and/or their respective guardians will be personally responsible for any and all liabilities for damage to property or injury persons, which may be occasioned by the intentional or negligent acts of the students- trainees in the course of the On-the-Job Training Program. 3. The student-trainees and the EDUCATIONAL INSTITUTION shall abide by the _________________________’S rules and regulations and comply with those imposed for the ON-THE-JOB Training Program; otherwise they shall be excluded from further participation. 4. The EDUCATIONAL INSTITUTION may pull out any student from the _________________________ ‘S premises on reasonable grounds after a written notice is sent by the _________________________ requesting such a pull out. 5. That both parties shall exert all efforts necessary to achieve the objectives of this joint undertaking. For this purpose, the parties shall execute and deliver such instruments and documents may be reasonably requested by the other party in order to carry out the intent and accomplish the purpose of this Agreement and the transaction covered hereby. 6. That 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 force majeure event or any cause beyond the control of the party in default.D. Duration: This Agreement shall take effect immediately upon signing hereof and shall continue for a period of _____________ thereafter. Unless otherwise advised in writing by either party, this Agreement shall automatically be renewable for the same period under the same terms and conditions. Notwithstanding the foregoing, the _________________________ or the EDUCATIONAL INSTITUTION reserves the right to terminate this Agreement, subject to a fifteen (15) day prior written notice to the other party.E. Miscellaneous: This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. A party shall not assign any of its rights and obligations under this Agreement, except that the _________________________ reserves the right to assign student- trainee to any of its subsidiaries and affiliates if such assignment is deemed by4
the _________________________ as necessary or for the best interest of the student- trainee. In case any 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 or unenforceability shall not affect any of the 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. IN WITNESS WHEREOF, the parties hereof have signed this Agreement on this__________________ in _______________________.. _______(school)____________ By:______________________________ _____________________________.Dean, College of _______________ Officer-In-Charge SIGNED IN THE PRESENCE OF: _________________________ ______________________5