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:

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”.

-and-

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,
ALLAN M. SESALDO, duly authorized by the SangguniangBayan (SB), through Resolution
No. ___________ dated _________________, as Annex “A” hereof, hereinafter referred to as “LGU
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 received financial assistance from Provincial Government of Cebu
intended for the Construction of a Four (4) – Classroom Building at the Cebu Technological
University (CTU) Argao Campus is not enough to complete the structure;

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. CTU ARGAO

1. The Cebu Technological University Argao Campus (CTU ARGAO) will

provide an additional fund amounting to 4.0 Million Pesos in augmentation
to the released financial assistance from Provincial Government of Cebu
intended for the construction of a 4–Classroom, 2-Storey School Building at
CTU Argao Campus.

2. The CTU ARGAO will release the additional fund to LGU ARGAO based on the
Memorandum of Agreement (MOA) to be executed by and between CTU
ARGAO and LGU ARGAO, and the resolutions issued by both parties.

3. The CTU ARGAO shall ensure that the facility or the 4–Classroom, 2-Storey
School Building 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.

4. The CTU ARGAO may, at its own initiative, obtain sources of funds, for
purposes of completing and/or implementing the completion, in which case,
LGU Argao may still be designated as the implementing agency.
 5. The CTU ARGAO shall ensure an orderly scheduling of activities to be
conducted in the aforementioned building.

6. The CTU ARGAO may allow the LGU ARGAO to use the said facility in
exigency circumstances or should the need arises.

7. 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.

B. 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, for a total cost amounting to NINE MILLION PESOS (Php
9,000,000.00), a fund given and issued by the Provincial Government of Cebu
and Cebu Technological University Argao Campus, 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 and Cebu Technological University
Argao Campus 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 ,through the Municipal Engineering
Office (MEO), in close coordination with the Technical Personnel of CTU
ARGAO as their counterpart.

2. COORDINATION

The CTU ARGAO and the LGU 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 UNIVERSITY -
MUNICIPALITY OF ARGAO ARGAO CAMPUS
By: By:

HON. ALLAN M. SESALDO DR. JUANITA P. PINOTE

Municipal Mayor Campus Director

SIGNED IN THE PRESENCE OF:

CEBU TECHNOLOGICAL UNIVERSITY -

MUNICIPALITY OF ARGAO 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

Hon. Allan M. Sesaldo _______________________ _____________________

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