PLEASE PROVIDE THE DETAILS THAT NEEDED IN THE RED FONT

MEMORANDUM OF UNDERSTANDING

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Understanding (MoU) made and entered into this

__________________, 2018 between the

DEPARTMENT OF SCIENCE AND TECHNOLOGY DOST REGION II, with office at

#2 Dalan na Paccurofun, Corner Matunung St., Regional Government Center, Carig Sur,
Tuguegarao City, Cagayan, Philippines, represented in this Agreement by its Regional
Director, ENGR. SANCHO A. MABBORANG, herein referred to as the “FIRST PARTY”;

NAME OF INSTITUTION / SCHOOL, with office at INSTITUTION /SCHOOL

ADDRESS represented herein by its Principal, NAME OF PRESIDENT/ PRINCIPAL,
hereinafter referred to as the “SECOND PARTY”;

WITNESSETH:

WHEREAS, the FIRST PARTY, promotes and implements ICT related projects for the
advancement of DOST-REGION II and recognizes the benefits of establishing
STARBOOKS in the Region;

WHEREAS, the SECOND PARTY, is mandated to enhance education by providing holistic

and quality co-curricular program, projects and activities that will prepare the Filipino
children and youth towards the new millennium and to deliver quality, effective, and efficient
delivery of educational services.

WHEREAS, the parties to this Understanding, considering their respective mandates,

resources and expertise, networks and programs and, desirous of accomplishing a better
coordinated, shared, more impact-producing project have agreed to work together to
accomplish this objective to commence on ___________________.

NOW, THEREFORE, for and in consideration of the foregoing premises, and in pursuance of
their desire to cooperate in a defined area and in recognition of shared interest in
strengthening cooperation on science and technology information and activities on the basis
of mutual benefits, the FIRST and SECOND PARTY have reached the following
understanding:

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GENERAL AGREEMENT

1.1 Subject to their respective rights and obligations as set out in this Agreement, the Parties
shall cooperate and endeavor to achieve the following:

OBLIGATIONS OF THE FIRST PARTY

2.1 The First Party shall, for its exclusive account, timely, properly and adequately perform
the following:

(a) Coordinate with the SECOND PARTY;

(b) Responsible for the mandatory training of librarian/kiosk administrator of the

SECOND PARTY for the operation of the Kiosk;

(c) Responsible for the installation of content updates from the DOST-STII.

OBLIGATIONS OF THE SECOND PARTY

3.1 The Second Party shall, for its exclusive account, timely, properly and adequately
perform the following:

(a) Responsible for the transportation expenses and board and lodging of at least two (2)
personnel who will install and conduct the initial mandatory training for the Kiosk’s
administrator/s;

(b) Provide an area for the STARBOOKS Kiosk;

(c) Provide the kiosk, access terminal and other computer devices needed;

(d) Courier costs for other Kiosks accessories, if any;

(e) Provide two (2) point persons (preferably librarian and IT staff) to manage the
operations and sustainability of the STARBOOKS project;

(f) Provide supplies and materials needed for the operations of the STARBOOKS
system;

(g) Submit monthly accomplishment/progress report (log usage statistics/problems met/

comments and suggestions to improve the system) every 10 th day of the following
month to DOST-STII. The SECOND PARTY will cease to receive an updated
digitized content and upgraded version should it fail to submit the monthly reports for
three (3) consecutive months to the DOST-STII;

(h) Responsible for the processing of S&T materials of their library for possible inclusion
in STARBOOKS.

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MISCELLANEOUS CONDITIONS

4.1 Safety Measures. The FIRST PARTY shall ensure that all proper safety and security
measures are followed during the preparations for and actual implementation of this
undertaking.

4.2 Intellectual Property. The Parties hereto agree not to violate each other’s intellectual
property rights consisting of, but not limited to their respective trademarks, copyrights,
patents and design, and utility model rights. The parties also recognize the validity and
enforceability of these rights and shall not dispute nor challenge the same at any time.

4.3 Relationship of the Parties. There is no employer-employee relationship between the

FIRST and SECOND PARTY and the latter's officers, employees, agents or
representatives who may be assigned to perform the services under this Agreement. It is
agreed that FIRST PARTY shall be solely responsible for the respective compensation of
said officers, employees, agents or representatives who may be assigned to perform the
services under this Agreement. As such, the FIRST PARTY shall hold the SECOND
PARTY free from any liability, cause/s of action, claim/s FIRST SECOND PARTY’s
officers, employees, agents or representatives in connection with the services they are
assigned to perform under this Agreement or under the provisions of the Labor Code of
the Philippines and such other applicable laws, rules, and regulations.

4.4 Force Majeure. The term “Force Majeure/fortuitous event” shall mean all events which
could not be foreseen or although foreseen, were inevitable and beyond the control of the
Party/ies, and which materially affect the ability of the Party/ies to comply with any of
its/their obligations under this Agreement, and shall include, among others, acts of war or
the public enemy (whether declared or not), fire, earthquake, flood, typhoons, public
disorders, sabotage, rebellion, revolution, civil commotion, strikes, lockouts, boycotts or
other industrial or labor disputes, acts, orders and rulings of Government, whether
national or local, or any of its agencies and instrumentality, which may adversely affect
the performance of the respective obligations or the exercise of the respective rights of the
Parties, and which could not be attributed to the fault, negligence and participation of the
Party/ies and/or their respective agents/employees, or any other cause or causes, whether
similar or dissimilar to the foregoing, which are beyond the reasonable control of the
Party/ies.

In cases of Force Majeure/fortuitous events and/or when public interest/welfare so

demands, the FIRST and SECOND PARTY shall have the right and authority to suspend
the implementation of this Agreement or any portion hereof without incurring any liability
therefore to the FIRST PARTY and without being deemed to be in breach of this
Understanding, upon giving reasonable notice thereof to the FIRST PARTY. Once the
event of Force Majeure or fortuitous event has already ceased, the SECOND PARTY’s
duly-authorized representative shall immediately notify the FIRST PARTY of said event
of Force Majeure, and the Parties shall evaluate whether to continue implementation of
the terms of this Memorandum of Understanding.

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4.5 Authority of Signatories. The signatories hereunder represent and warrant that all
necessary corporate and other approvals for the execution of this Agreement by the
“Parties”, respectively, have been duly obtained.

4.6 Non-Assignability. This Memorandum of Understanding shall not be assigned by either

Party, in whole or in part, without the other Party’s prior written consent. Any
assignment in contravention of this provision shall be null and void.

4.7 Restrictions on Use and Transfer of STARBOOKS or the DOST Science Digital Library
Kiosk. The DOST-STII is the owner of the design and contents of the DOST Digital
Science Library Kiosk.

The SECOND PARTY SHOULD NOT COPY, MODIFY, DECOMPILE,

DISASSEMBLE, REVERSE ENGINEER, MERGE, OR TRANSFER THE DESIGN
AND CONTENTS OF THE DOST DIGITAL SCIENCE LIBRARY KIOSK IN
WHOLE OR IN PART. Neither it be distributed to others or transferred electronically
from one computer to another over a network or used on any multi-terminal computer
system.

STARBOOKS stickers will be strategically placed on the server of the kiosk for security
purposes. In case of server failure or other technical problems, the FIRST PARTY shall
be notified and if necessary, present during repair and troubleshooting activities, in cases
when server failure or technical problems are beyond SECOND PARTY’S ability to
repair and troubleshoot.

IF THE SECOND PARTY TRANSFER POSSESSION OF ANY COPY,

MODIFICATION, OR MERGED PORTION OF THE DESIGN AND CONTENTS OF
THE KIOSK TO ANOTHER PARTY, OR SERVER STICKERS WILL BE
TAMPERED, THIS AGREEMENT IS AUTOMATICALLY TERMINATED
FOLLOWING THE PRINCIPLES OF DUE PROCESS.

5.8 Promotion of STARBOOKS. The SECOND PARTY shall assist in the promotion of
STARBOOKS.

5.9 Notices. All notices and communications which may be given to either of the Parties
hereunder, shall be in writing, addressed and deemed properly given if sent by registered
mail with return receipt, postage prepaid to the signatories and addresses specified in the
first page of this Agreement, or to such other address/es as maybe designated by the
Party/ies in subsequent written notice/s.

5.10 Non-waiver. The failure of one Party to insist upon the strict performance of any term,
condition and/or covenant hereof shall not be deemed a relinquishment or waiver of any
subsequent breach of or non-compliance with the same or any other term, condition
and/or covenant hereof. No waiver by any one Party of its rights under this Agreement
shall be deemed to have been made unless expressed clearly and in writing and signed by
said Party.

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5.11 Governing Law. This Agreement shall be interpreted, governed and enforced in
accordance with the laws of the Republic of the Philippines.

5.12 Amicable Settlement. The Parties agree that in the event any dispute of difference
arising out of this Agreement or in the interpretation of any of the provisions hereof, the
respective signatories of the “Parties” shall promptly meet to resolve such dispute or
difference and the joint decision of such signatories shall be binding upon the Parties
hereto.

5.13 Entire Agreement and Amendments. This Agreement and any other provisions or terms
specifically incorporated herein constitute the entire agreement of the Parties. This
Agreement may be amended only by an instrument in writing signed by all the Parties.
The terms, provisions and covenants of any such amendment/s shall inure to the benefit
of and be binding upon the Parties hereto, their successors and assigns.

5.14 Effectivity. This Agreement shall take effect upon its execution by the Parties.

IN WITNESS WHEREOF, the parties hereto have executed this instrument to be effective
the day and year first-above written.

FOR DOST-REGION II FOR THE NAME OF

INSTITUTION/SCHOOL

SANCHO A. MABBORANG NAME OF INSTITUTION HEAD

Regional Director Principal

Signed in the presence of:

ENGR. JONATHAN R. NUESTRO WITNESS FROM THE BENEFICIARY

Provincial S&T Director Position/Designation
Vizcaya

This instrument refers to as Memorandum of Understanding consisting of six (6) pages,

including the page whereon this acknowledgment is written, each and every page of which,
on the left margin, having been signed by the parties hereto and their witnesses.

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 ACKNOWLEDGEMENT

Republic of the Philippines )

____________________ City)

BEFORE ME, a Notary Public for and in ___________________________, appeared:

Name Government ID Number Date

Issued ID Issued
ENGR. SANCHO A. MABBORANG DOST SAM - 1223- 008 March
2018
NAME OF PRINCIPAL PRC PRC No.

All known to me to be that same persons who executed and signed all the pages of the
foregoing instrument together with their witnesses. This agreement consists of six (6) pages
including this page where the Acknowledgment is written, and the parties thereto
acknowledged to me that the same is their own free and voluntary act and deed and that of the
entities which they respectively represent.

In WITNESS WHEREOF, I have set my hand and seal this ___day of __________2018 in
_________________, Philippines.

Doc. No _________
Page No _________
Book No _________
Series of 2018

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