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Sample MOA With TESDA

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MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement is made and entered into this ______ of ________ 2021 in
_____________, Philippines by and between:

Senior Citizens and Elderly Welfare Club of the Philippines, Inc. (SECAP) a
corporation duly organized and existing under and by virtue of the laws of the
Philippines, with principal office address located at No. 10B Don Omero St., Don
Antonio Hts., Barangay Holy Spirit, Quezon City, NCR, Philippines the
establishment, represented herein by the Agency President, Restituto E. Perez, Jr.

- and –

The Technical Education And Skills Development Authority, an agency of the


National Government created by virtue of Republic Act No. 7796, with office
address at East Service Road, South Luzon Expressway (SLEX), Fort Bonifacio,
Taguig City, represented herein by it DIRECTOR GENERAL, SECRETARY
ISIDRO S. LAPEÑA, PhD., CSEE, and herein after referred to as “TESDA”.
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WITNESSETH THAT:

WHEREAS, The Senior Citizens and Elderly Welfare Club of the Philippines, Inc. in
the exercise of its corporate social responsibility promotes and supports Technical
Vocational Education and Training (TVET) and finds the existing program offering of
the TVI using the Dual Training System (DTS) in line with such purpose as well as its
own manpower development program.

WHEREAS, Republic Act No. 7796, otherwise known as TESDA Act of 1994,
empowers TESDA to establish and maintain a system of accrediting, coordinating,
integrating, monitoring and evaluating formal and non-formal technical vocational
education and training system;

WHEREAS, the Technical Education and Skills Development Authority Board


promulgated Resolution No. 98-03, dated January 23, 1998 establishing a Unified
TVET Program Registration and Accreditation System (UTPRAS) which shall be in
consonance with the pursuit of a quality technical vocational education and training
system;
WHEREAS, the Technical Education and Skills Development Authority pursues the
assessment and certification of the competencies of skilled workers through
Philippine TVET Competency Assessment and Certification System (PTCACs);
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Memorandum of Agreement
Technical Education and Skills Development Authority and Senior Citizens and Elderly Welfare Club
of the Philippines, Inc.
WHEREAS, the assessment process seeks to determine whether the graduate or
worker can perform to the standards expected in the workplace based on the defined
competency standards. Certification is provided to those who meets the competency
standards. This ensures the productivity, quality and global competitiveness of the
middle – level workers;
NOW THEREFORE, for and in consideration of the foregoing premises, the Parties
hereby agree as follows:

1. Term of Agreement: This Memorandum shall take effect upon signing thereof
and shall continue for an initial period of one (1) year with the option of renewal
unless the parties or any of the parties decides to terminate the agreement before
the term ends.

2. Responsibilities: The following outline the responsibilities of the Parties:

Obligations of Senior Citizens and Elderly Welfare Club of the Philippines,


Inc. (SECAP)

a) Undertake to carry out in-plant training for the students/trainees nominated


by the Senior Citizens and Elderly Welfare Club of the Philippines, Inc.
(SECAP) in accordance with the Training Plan jointly worked out by the
SECAP and the TESDA following a scheme of Dual Training System and
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within the training schedule.

b) Assign personnel to train and guide the students/trainees, make


recommendations regarding discipline and proper behavior and determine
the proficiency of the students/trainees in specific trade and craft.

c) Provide the students/trainees with the necessary tools and materials


required during the training;

d) Designate/appoint a TRAINING COORDINATOR to represent the Senior


Citizens and Elderly Welfare Club of the Philippines, Inc. (SECAP) in all
meetings with the TESDA in connection with the implementation of DTS
and other related concerns;

e) Provide the students/trainees’ insurance policy during their in-plant


training; and

f) In addition to the above, compliance with the applicable provisions of


Republic Act 7686.

Obligations of TESDA:
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Memorandum of Agreement
Technical Education and Skills Development Authority and Senior Citizens and Elderly Welfare Club
of the Philippines, Inc.
a) Provide scholarships to OSY in accordance with the existing scholarship
guidelines, subject to the government accounting and auditing rules and
regulations, and subject to availability of funds;

b) Conduct training, assessment and certification for qualifications with


assessment tools subject to availability of funds;

c) Implement in-plant trainings in collaboration with partner stakeholders


subject to compliance with relevant TESDA rules and regulations

d) Link graduates to incubation and innovation centers through the


assistance of the Department of Trade and Industry (DTI);

e) Link graduates to employers through job facilitation programs through the


support of the Department of Labor and Employment (DOLE); and

f) Monitor and trace employment status of graduates or beneficiaries.

g) Monitor the implementation of the program

3. Both Parties agree to maintain the confidentiality of all information obtained from
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the other Party and shall not release such information to third parties save as
may be required under any applicable Law, without such third party agreeing to
sign a confidentiality undertaking in favor of TESDA or _______ as the case may
be. The obligations of each of the Parties under this Section shall survive the
termination of this Agreement.

4. The Parties shall provide regular assistance to one another by providing relevant
data and information to accomplish their respective regular reportorial
requirements under this Agreement.

5. It is understood by the Parties that the implementation of this Agreement or


Scholarship Program shall be done in compliance with the laws of the Republic of
the Philippines.

6. The Parties warrant that they are conducting their business and operations in
compliance in all material respects with the applicable laws, rules and regulations
of government authorities having jurisdiction over them and that their capacity to
enter into this Agreement is not restricted by any other Agreement which requires
the consent of any third party.

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Memorandum of Agreement
Technical Education and Skills Development Authority and Senior Citizens and Elderly Welfare Club
of the Philippines, Inc.
7. The Parties shall not be liable for their failure to perform their obligations under
this Agreement, when such failure is due to force majeure or causes beyond the
control of and without fault, negligence or bad faith of the said party. The Parties
shall endeavor to resolve any issues through discussion and negotiations in good
faith.

8. The terms and conditions of this Agreement constitute the entire agreement
between the Parties with respect to the subject matter hereof and shall
supersede all prior agreements, verbal or written, made by the Parties relating to
the same subject matter. The provisions of this Agreement shall not be amended,
revised or modified by the Parties except in writing duly signed by the authorized
representatives of each Party.

9. If, for any reason, any part or provision of this Agreement is declared void, invalid
or unenforceable by operation of applicable laws or regulations, any part or
provision not affected thereby shall remain in full force and effect.

10. Neither Party may assign this Agreement or any of its rights and obligations
hereunder without the prior written consent of the other Party. Any assignment to
the contrary shall be void ab initio.

11. TERMINATION: This Memorandum shall take effect upon signing thereof and
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shall continue for an initial period of one (1) year with the option of renewal
unless the parties or any of the parties decides to terminate the agreement before
the term ends. In case of such termination, the party initiating the termination
shall notify the other party at least one (1) month from the date of the effectivity of
the termination without prejudice to the obligations already incurred. Specifically,
activities that take time to finish and have already been commenced shall
continue until conclusion with due consideration to the effectivity of the
termination as herein contemplated.

In case of any dispute, claim, controversy, or disagreement arising out of or in


connection with this agreement shall be notified in writing by one party to the other(s)
and the parties hereto shall endeavor to settle such dispute amicably within thirty
(30) calendar days after receipt of the notification.

This Agreement rests on the good faith and goodwill of the Parties, acknowledging
that they have a common purpose in bringing better job opportunities and technical
skills development to needy youth and their families in communities. This Agreement
shall be governed by the laws of the Republic of the Philippines. In the unlikely event
that any misunderstanding shall arise as to the interpretation of any of the provisions
in this Agreement the Parties hereby agree that the same shall be resolved in good
faith exclusively through dialogue and negotiation bearing in mind the needs of the
communities they both seek to serve. In case of any unresolved dispute arising out
of or in connection with the interpretation of implementation of the provisions of this
Agreement, the dispute shall be referred to arbitration under Philippine law, with the
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Memorandum of Agreement
Technical Education and Skills Development Authority and Senior Citizens and Elderly Welfare Club
of the Philippines, Inc.
arbitrator acceptable to both Parties. The decision arising from such arbitration shall
be final and binding upon the Parties.

IN WITNESS WHEREOF, the Parties have signed this document this ___ day of
_______, 2021 at ______________, _______.

Technical Education and Skills Senior Citizens and Elderly Welfare


Development Authority (TESDA) Club of the Philippines, Inc. (SECAP)
.

By: By:

Isidro S. Lapeña, PhD Restituto E. Perez, Jr.


Director General/ Secretary Agency President

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WITNESSED BY: WITNESSED BY:

___________________ Estela C. Amora


___________________ Region 7, Regional Director
SECAP-SWDA, Philippines

ACKNOWLEDGMENT

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Memorandum of Agreement
Technical Education and Skills Development Authority and Senior Citizens and Elderly Welfare Club
of the Philippines, Inc.
Republic of the Philippines)
) S.S

BEFORE ME, a Notary Public for and in the above jurisdiction personally appeared
the above signatories with their respective competent evidences of identification:

PARTY GOVERNMENT-ISSUED DATE AND PLACE


ID ISSUED
Restituto E. Perez, Jr. OSCA 08/08/2018

Both known to me to be the same persons who executed foregoing document


consisting of _____ (___) pages and they acknowledge to me that the same is their
voluntary act and deed as well as of the corporations or organizations they
represent.

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

NOTARY PUBLIC
Doc. No. ___ ;
Page No. ___ ;
Book No. ___ ;
Series of 2021.
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Memorandum of Agreement
Technical Education and Skills Development Authority and Senior Citizens and Elderly Welfare Club
of the Philippines, Inc.

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