MEMORANDUM OF UNDERSTANDING

KNOW ALL MEN BY THESE PRESENTS:

This UNDERSTANDING is made and entered into by and between:

The BATANGAS STATE UNIVERSITY, hereinafter referred to as “BatStateU” or

“FIRST PARTY”, with principal office at Rizal Avenue, Batangas City and represented in this
act by its University President, DR TIRSO A RONQUILLO;

-and-

The SAN JUAN, BATANGAS LOCAL GOVERNMENT UNIT, hereinafter referred

to as “SECOND PARTY” with principal office at General Luna St., Municipal Hall, Poblacion,
San Juan, Batangas and represented in this act by its Mayor, Hon. ILDEBRANDO D. SALUD
WITNESSETH:

WHEREAS, the FIRST PARTY, as a State University, performs extension functions to

provide scientific and technological services to the constituents of Batangas and other provinces;
recognizes the need to strengthen its services and networks to institutions or companies in order
to make its development, research and extension services functional; and considers as part of its
research and extension program the fulfillment of its students-researchers of their study and the
transfer of research outputs to the beneficiaries;

WHEREAS, the FIRST PARTY, through the project leaders and coordinators appearing
in the attached Program Plan Marked as “Annex 1” forming part of this agreement, tied up with
the project co-operator (SECOND PARTY) to determine the existing operational problems of
the latter that may be a subject of a research-based extension;

WHEREAS, the project as described below shall be beneficial and advantageous to all
concerned:

Title of Project:

Proposed Design of Additional Facilities in the New Municipal Complex at

Barangay Buhay na Sapa, San Juan, Batangas.

Primary Objective/s of the Project:

To propose a detailed engineering design of the additional facilities in the

new municipal complex at Barangay Buhay na Sapa, San Juan, Batangas.

Proponents:

Johnrey V. Decena, Ivy Queen M. Obelo, Delfin M. Umali Jr.

 WHEREAS, the SECOND PARTY, recognizes the beneficial impact of a partnership for
the project described above; and accepts the offer of the FIRST PARTY for partnership for the
said project;

NOW THEREFORE, for and in consideration of the above premises, and of mutual
covenants and stipulations hereinafter set forth, the parties hereto agree to enter into the
Agreement under the following terms and conditions:

I. OBLIGATIONS OF THE FIRST PARTY

1. The First Party shall ensure the strict confidentiality of the data that will be gathered from
the Second Party. These data shall be used for research and extension purposes only and
in the conduct of activities in relation to the implementation of this agreement;

2. The First Party shall allow the outputs of the research to be conducted to be
given/transferred to the Second Party for possible utilization whether in the form of
system improvement or product development subject to the intellectual property rights of
the First Party and/or researchers;

3. The First Party shall assign one faculty researcher to guide, advise and assist the
proponent student researchers; and

4. The First Party shall acknowledge the efforts of the Second Party in all operational
aspects of the project.

II. OBLIGATIONS OF THE SECOND PARTY

1. The Second Party shall allow and assist the proponent, students of the First Party, taking
the course CE 521 – CE DESIGN PROJECT 1 to conduct data gathering and/or
testing necessary for this project;

2. The Second Party shall assign personnel to supervise or assist in data gathering and/or
testing at a schedule agreed upon by the parties. The said assistance shall include, but not
limited to, the technical assistance on the design requirements and considerations on
testing, safety, repair and maintenance;

3. Being a recipient of BatStateU project/research outputs, the Second Party may give, in
return, academic support to the University, which may include, but not limited to,
training programs for students and faculty, curriculum enrichment, and laboratory support
of any form;

4. The Second Party shall respect and recognize the intellectual property rights over the
project/research outputs. These rights shall remain with the First Party;

5. The Second Party shall not produce the project/concept of the proponent student
researchers without permission or consent from BatStateU;
 6. The Second Party shall use the prototype/output for a minimum of three (3) years for the
purpose of assessment as provided under III – IMPACT ASSESSMENT of this
agreement;

7. Maintenance of the prototype/output, its equipment and accessories shall be to the

account of the Second Party; and

8. The Second Party shall acknowledge the efforts of the First Party in all operational
aspects of the project.

III.IMPACT ASSESSMENT

1. It shall be the duty of the parties to conduct assessment to determine the impact and
sustainability of the transferred technology, equipment and/or machinery after three (3)
years of utilization. For this purpose, the parties shall each assign qualified personnel to
constitute a committee to conduct this assessment. A report on the impact assessment
with proper recommendations shall be submitted to the managements of the parties.

IV. MISCELLANEOUS PROVISIONS

1. This agreement shall take effect from August 2019 to August 2020 until the prototype
subject of this agreement is actually transferred to the Second Party. The duration herein
set forth shall be without prejudice to the conduct of the Impact Assessment;

2. Both parties shall not be held liable for any damage/loss to their persons or properties
caused by a third party in the course of the implementation of the project. However,
should the damages occur due to negligence of a party, the said damages will be charged
to the account of the party at the fault after proper determination;

Provided, further that any damage/loss to the persons or property of a third party due to
the negligence of a party of this agreement during the implementation and existence of
this agreement will be charged to the account of the party at fault after proper
determination;

Provided finally, that neither of the parties shall be liable in any way for the failure to
observe or perform any obligation provided by this agreement if such failure shall result
from the promulgation of any law, rule and regulation issued by duly constituted public
authority, nor shall they be liable for such failure as a result of force majeure or any event
beyond their control;

3. This agreement shall be binding to both parties and their respective legal successors and
assigns, and all rights and obligations of either party as herein provided shall not be
assigned to any third party without the prior written consent of the other party; and

4. Any changes, modifications and alterations on the foregoing provisions shall be made
upon mutual consultation of the parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands this ________ day of
_________________, 2019 at _____________________________,

For BATANGAS STATE UNIVERSITY For MUNICIPALITY OF SAN JUAN,

by the authority of BatStateU BOR; BATANGAS
BatStateU BOR Resolution No.130, s. 2015

DR. TIRSO A. RONQUILLO Hon. ILDEBRANDO D. SALUD

University President Municipal Mayor

Witnesses:

ASST. PROF. ARMANDO V. MENDOZA JR. EnP MONALISA B. ROBLEDO

Director Extension Services Municipal Planning and Development
Batangas State University Coordinator

ENGR. OLIVER S. DIMAILIG

Chairperson, CE/SE Department
Batangas State University
 ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

________________________ ) S.S.

BEFORE ME, a notary public for and in ______________________________, personally

appeared:

Agency Representative Valid ID Date/Place of Issue

Dr. Tirso A. Ronquillo
Asst. Prof. Armando V.
BatStateU
Mendoza Jr.
Engr. Oliver S. Dimailig
Hon. Ildebrando D. Salud
Municipality of San EnP Monalisa B.
Juan, Batangas Robledo

Known to me to me known or identified by me through competent evidence of identity to be the

persons who executed the foregoing MOU, and they acknowledged to me that the same is their
free and voluntary act and deed as well as that of the corporations herein represented.

WITNESS MY HAND AND NOTARIAL SEAL this ________ day of ___________ 2019.

Doc. No. ________________;

Page No. ________________;
Book No. ________________;
Series of _________________.