MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (“Agreement”) is made and entered into this

______ day of __________________ 2018 in Argao, Cebu, Philippines, by and
between:

MUNICIPALITY OF ARGAO, a local government unit duly existing under

and by virtue of the laws of the Republic of the Philippines with principal office
located at Gen. Ortegas St., Poblacion, Argao, Cebu, Philippines, herein represented
by its Municipal Mayor, DR. STANLEY S. CAMINERO, duly authorized by the
SangguniangBayan (SB), through Resolution No. ___________ dated
_________________, as Annex “A” hereof, hereinafter referred to as “LGU
ARGAO”.
-and-

CEBU TECHNOLOGICAL UNIVERSITY-ARGAO CAMPUS, an

educational institution duly existing under and by virtue of the laws of the Republic
of the Philippines, with principal address at Lamacan, Argao, Cebu, represented by
its Campus Director, DR. JUANITA P. PINOTE, hereinafter referred to as “CTU
ARGAO”;

WITNESSETH THAT:

WHEREAS, the Local Government Unit of Argao has received from the
Provincial Government of Cebu a fund amounting to FIVE MILLION PESOS
(P5,000,000.00) intended for the Construction of a Four (4) – Classroom Building
at the Cebu Technological University (CTU) Argao Campus, as provided in the
CERTIFICATION issued by the Municipal Accountant of Argao, as attached hereof
as Annex “B”;

WHEREAS, the Local Government Unit of Argao is tasked to implement the

construction of the aforesaid Four (4) – Classroom Building at the Cebu
Technological University (CTU) Argao Campus;
 WHEREAS, the Detailed Engineering Design (DED) for the construction of
the aforesaid building in accordance with the basic educational requirement and the
type of utilization of the said building for CTU Argao Campus is laid under Annex
“C”hereof;

WHEREAS, Section 17 (b) (2) (viii) of RA 7160 or otherwise known as “The

Local Government Code of the Philippines, provides that “basic services and
facilities for Municipality includes....xxx…(viii) Infrastructure facilities intended
primarily to service the needs of the residents of the municipality and which are
funded out of municipal funds including but not limited to, municipal roads and
bridges; school buildings and other facilities for public elementary and secondary
schools; clinics, health centers and other health facilities necessary to carry out
health services; communal irrigation, small water impounding projects and other
similar projects; fish ports; artesian wells, spring development, rainwater collectors
and water supply systems; seawalls, dikes, drainage and sewerage, and flood
control; traffic signals and road signs; and similar facilities”;

WHEREAS, the above considered basic services are derived from the Local
Government Units’ duty to provide basic services and facilities to its constituents,
among others, as provided in Section 17 (a) of RA 7160;

NOW, THEREFORE, in consideration of the above presented and of the

mutual covenants stipulated hereinafter set forth the PARTIES hereto agree to enter
into a Memorandum of Agreement to adhere the following:

1. ROLES AND RESPONSIBILITIES:

A. LGU ARGAO

1. The LGU ARGAO shall create or prepare the Detailed Engineering

Design (DED) in accordance to the basic educational requirement &
the type of utilization of the building as provided by CTU Argao,
attached as Annex “C” hereof.
 2. The LGU ARGAO shall facilitate the construction of a 4–Classroom,
2-Storey School Building (Phase 1), for a total cost amounting to FIVE
MILLION PESOS (Php 5,000,000.00), a fund given and issued by the
Provincial Government of Cebu, attached as Annex “B” hereof.

3. The LGU ARGAO shall request for an approval of the aforementioned

construction project from the Sangguniang Bayan (SB), through an
issuance of SB resolution authorizing the Municipal Mayor to enter into
this Memorandum of Agreement with CTU Argao, as represented by
its Campus Director.

4. The LGU ARGAO shall ensure that the aforementioned fund given
and issued by the Provincial Government of Cebu will be utilized for
the purpose it was intended for.

5. The LGU ARGAO shall liquidate the said fund upon complete
utilization of the downloaded fund, pursuant to the usual accounting
and auditing regulations.

6. The LGU ARGAO shall monitor and supervise the construction of the
4–Classroom, 2-Storey School Building (Phase 1), through the
Municipal Engineering Office (MEO), in close coordination with the
Technical Personnel of CTU ARGAO as their counterpart.

B. CTU ARGAO

1. The CTU ARGAO shall ensure that the facility or the 4–Classroom, 2-
Storey School Building (Phase 1) is used for its purpose and will ensure
that the said facility is well-maintained. Repair and maintenance
expenses due to ordinary wear and tear of the said facility shall be for
the account of CTU Argao.

2. The CTU ARGAO may, at its own initiative, obtain sources of funds,
for purposes of completing and/or implementing the completion of
Phase 2, in which case, LGU Argao may still be designated as the
implementing agency.

3. The CTU ARGAO shall ensure an orderly scheduling of activities to

be conducted in the aforementioned building.

4. The CTU ARGAO may allow the LGU ARGAO to use the said
facility in exigency circumstances or should the need arises.
 5. The CTU ARGAO may make future developments with the said
structure; provided that any development or extension should be
consistent to the purpose or intent for which such building is established
or constructed.

2. COORDINATION

The LGU ARGAO and the CTU Argao shall exercise diligent
coordination on all matters pertaining to the said construction project and both
“Parties” agree to establish mutually accepted feedback mechanism.

Constant updating by the parties hereto on the developments of the

construction must be done to tackle issues in between and fast track the
implementation of the said construction project.

3. SUSPENSION OF AGREEMENT

The parties hereto may suspend this Agreement should either “party”
fail to perform its responsibilities/commitments or should any of the
conditions set forth herein be violated. However, a suspension notice
indicating the effective date of suspension will be sent to the LGU ARGAO
through its Municipal Mayor at least three (3) working days prior to the
effective suspension date.

4. NO EMPLOYER-EMPLOYEE RELATIONSHIP

It is understood that this Agreement does not and will not create any
employer-employee relationship between LGU ARGAO or his staff or any
other persons whom the LGU ARGAO may utilize in the performance of its
obligations under this Agreement and CTU ARGAO.

5. EFFECTIVITY OF TERMINATION

This Agreement shall take effect on the date of signing and will remain
in full force unless either “Party” hereto expresses in writing to the other
“Party” its intention to pre-terminate or modify the term/condition of this
agreement prior to its expiry at least thirty (30) working days before the
intended date of pre-termination or modification.
 6. CHANGE IN CIRCUMSTANCES

It is the obligation of the “parties” hereto to inform either “party” in

writing of any change in its circumstances (e.g. change in authorized
signatories or persons-in-charge) that affects the provisions of this
Agreement. Any such change that is not communicated to the “parties” hereto
shall have no effect or consequence vis-à-vis the “parties”.

7. VENUE

The “parties” hereto hereby agree that the venue of action for any cause
or causes of action which may arise from the Agreement shall be exclusively
lodged in the proper courts of Argao, Cebu, Philippines.

IN WITNESS WHEREOF, the parties hereunto set their hands on this ____
day of ________, 2018 at Argao, Cebu, Philippines.

CEBU TECHNOLOGICAL
MUNICIPALITY OF ARGAO UNIVERSITY - ARGAO CAMPUS
By: By:

DR. STANLEY S. CAMINERO DR. JUANITA P. PINOTE

Municipal Mayor Campus Director

SIGNED IN THE PRESENCE OF:

CEBU TECHNOLOGICAL
MUNICIPALITY OF ARGAO UNIVERSITY - ARGAO CAMPUS
By: By:

_____________________________ ____________________________
 ACKNOWLEDGMENT

Republic of the Philippines)

Argao, Cebu ) S.S

BEFORE ME, a Notary Public for and in the above jurisdiction, personally
appeared the following;

NAME COMPETENT EVIDENCE VALIDITY/PLACE

OF IDENTITY ISSUED

Dr. Stanley S. Caminero _______________________ _____________________

Dr. Juanita P. Pinote _______________________ ______________________

Known to me to be the same persons who executed the foregoing instrument

and they acknowledged to me that the same is their own free and voluntary act and
deed as well as the free and voluntary act and deed of the entities represented.

This instrument consists of six (6) pages including this page wherein this
Acknowledgment is written and is signed by the Parties and their instrumental
witnesses on each and every page thereof.

WITNESS MY HAND AND SEAL, this _________ day of __________ 2018

at Argao, Philippines.

Doc. No. ______

Page No. ______
Book No. ______
Series of 2018