ANNEX A-1

FOR COMMUNITY-BASED PROGRAMS

MEMORANDUM OF AGREEMENT

KNOW ALL MEN THESE PRESENTS:

This Memorandum of Agreement (MOA) made and entered into this ____ day of ___________, 20 in
___________________________ between:

The Technical Education and Skills Development Authority (TESDA), a part of a National
Government Agency of the Republic of the Philippines, with office address at East Service Road,
South Superhighway, Taguig City herein represented by its Provincial Director,
____________________________, hereinafter referred to as FIRST PARTY;

The Municipality of _________________________, a Local Government Unit (LGU)

represented by its Local Chief Executive, __________________________________, hereinafter
referred to as SECOND PARTY;

I. Project

WHEREAS, the Bottom-up Budgeting (BuB) primarily empowers the grassroots organizations and
the local government units (LGUs) in identifying priority poverty reduction projects that will be funded
by national agencies;

WHEREAS, BuB is an approach in preparing the budget proposal of agencies, taking into
consideration the development needs of cities/municipalities as identified in their respective local
poverty reduction action plans that shall be formulated with strong participation of basic sector
organizations and other civil organization;

WHEREAS, the project is envisioned to ensure the implementation of priority poverty reduction
projects as identified at the city/municipal level through a participatory planning and budgeting
process;

WHEREAS, the project shall showcase convergence of efforts of National Government Agencies
(NGAs), Local Government Units (LGUs) and Civil Society Organizations (CSOs);

WHEREAS, the Qualification Map (QM) for BuB is developed to include the project status, physical
and financial details of the training program and the period of its implementation which is contained
within the prescribed validity period for CY 2016 as stipulated in the General Appropriations Act
(GAA);

WHEREAS, the training program shall be managed by the Second Party under the direct supervision
of the First Party;

WHEREAS, assessment and certification shall be mandatory to all training programs covered with
Assessment Tools.

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 II. Duties and Responsibilities of the Parties:

A. Specific Duties of the Parties

The First Party shall

1. Provide assistance in the preparation and signing of the Qualification Map for BuB Project;
2. Conduct the pre-training process such as Youth Profiling for Starring Careers (YP4SC) and
Training Induction Program (TIP);
3. Ensure that all trainees undergo the mandatory assessment after the end of the training program;
4. Pay the operating expenses such as honorarium of trainer, training allowance, training venue and
training supplies and materials directly to the supplier/provider and the assessment fees to the
TESDA accredited Assessment Centers through the TESDA Provincial Offices, provided that all
required supporting documents are complied with subject to government accounting and auditing
rules and regulations; and
5. Prepare and submit reports to all concerned agencies as reasonably required and necessary
based on the implementing guidelines;

The Second Party shall

1. Designate a Focal Person for the BuB Project;

2. Coordinate with the First Party in the preparation of training plan to include the identification of
training venue, trainer and schedule and activities;
3. Identify, recruit, screen and endorse qualified beneficiaries;
4. Conduct the skills training program in accordance with the approved Qualification Map. Any
changes in the schedule shall be communicated to the First Party;
5. Prepare and submit Enrolment Report within (30) calendar days after the start of the program
while terminal report shall be submitted within fifteen (15) calendar days after the end of the
training period;
6. Motivate and nurture the trainees to maintain one hundred percent (100%) completion of the
training program;
7. Monitor the attendance and participation of trainees to qualify for completion of the training
program which is set at eighty percent (80%);
8. Facilitate job placement and/or provide job referral to all graduates; and
9. Conduct activity to mark the completion of every training program and report the same to the First
Party.

B. Joint and Solidary Duties of the Parties:

1. Promote and advocate the skills training program;

2. Prepare and submit Qualification Map (QM) based on the approved Project Brief/Proposal
bearing the signatures of the Regional Director, Provincial Director, City/Municipal Mayor, TESDA
Provincial Office Focal Person, LGU Focal Person and Training Provider;
3. Collaborate and work’ together in the implementation of the program to achieve the desired
results;
4. Ensure the institutionalization and sustainability of the MOA program outputs and outcomes
through the development and implementation of a sustainability plan to include mechanisms for
sharing of approaches and social marketing strategy to ensure wider reach among other
agencies/partners and beneficiaries subject to availability of funds; and

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 5. Institutionalize effective monitoring system/database to establish reliable status report (tracer
reports) of the graduates.

III. Relation to the Parties

The parties are independent of each other and not an agent representative or joint venture
partner of each other. Neither party nor any of its personnel or officers will enter into any contract or
commitment on behalf of the other party and each party will be solely responsible for making all payments
to and on behalf of its employees and approved subcontractors including those required by law. A party
will not be liable for any debts or other liabilities of the other party.

IV. Representations and Warranties

Parties hereby represent and warrant that they have the power to enter into and perform and
have taken all necessary actions to authorize the entry into performance of the Agreement under and in
accordance with the laws of the Philippines.

V. Applicable Laws

This agreement is contingent upon compliance with all applicable laws of the Philippines,
particularly the Anti-Graft and Corrupt Practices Act (RA 3019) and the Code of Conduct and Ethical
Standards for Public Officials and Employees (RA 6713). As such, the Parties agree that they will not, in
connection with the transactions contemplated in this MOA, transfer anything of value, directly or
indirectly, to any government official, employee of a government-controlled company, or political party or
other private (non-government) persons or entities working on behalf of any government in order to obtain
any improper benefit or advantage. No money paid or delivered to the Parties as sponsorship,
compensation or otherwise has been or will be used to pay any bribe or kickback in violation of applicable
laws. Parties agree to provide prompt certification of its continuing compliance with applicable relevant
laws whenever reasonably requested by another party.

VI. Amendment

This MOA may be revised, amended or modified only through a written instrument duly executed
and signed by the parties hereto and executed with the same formality as this agreement.

VII. Effectivity

This MOA shall take effect upon signing by the Parties and shall be binding unless sooner
terminated by either Party by reason of material breach of any of the provisions herein, without prejudice
to obligations already incurred.

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 ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)

CITY/MUNICIPALITY OF ________)

“IN WITNESS WHEREOF”, the parties have hereunto signed this instrument this ____________ day of
____________ 20 ____ at ____________________________________ Philippines.

Technical Education and Skills Local Government Unit

Development Authority Region ___ of _____________

_____________________________ ______________________________
Provincial Director Municipal Mayor

WITNESS:

_____________________________ _______________________________
_____________________________ _______________________________

Known to me to the named persons who executed the foregoing instrument and knowledge to me
the same is their own free will and voluntary act and deed.

The instrument consists of four (4) pages including this page wherein the acknowledgement is
written, and is signed by the parties and their instrumental witnesses on each and every page hereof refer
to a MEMORANDUM OF AGREEMENT.

WITNESS MY HAND AND SEAL

_______________________
NOTARY PUBLIC

Doc. No. _____

Page No. _____
Book No. _____
Series of 20__