MEMORANDUM OF AGREEMENT

TUPAD Program

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (MOA) made and entered into by and between:

The DEPARTMENT OF LABOR AND EMPLOYMENT REGIONAL OFFICE No. ______, a

government office existing by virtue of the laws of the Republic of the Philippines with
principal office address at
_______________________________________________________, represented herein by
its Regional Director, _________________________, and herein referred to as “DOLE-RO
__”; and

The (Name of Proponent) , with principal addresses at

__________________________________________________represented herein by its
(Authorized signatory/representative of the ACP ), herein referred to as
“PROPONENT ACP” or “PROPONENT BENEFICIARY”.

-WITNESSETH-

WHEREAS, it is the National Government’s policy to implement poverty alleviation project in

all regions;

WHEREAS, the Department of Labor and Employment (DOLE) is mandated to promote

gainful employment opportunities, develop human resources, protect workers and promote
their welfare, and maintain industrial peace;

WHEREAS, the DOLE provides assistance to help displaced or “to be” displaced workers in
coping with the closure or slowing down of operations of companies as a result of economic
disruptions and/or the occurrence of natural disasters, calamities, or armed conflicts that
affect their economic base and to augment the meager income of the underemployed and
seasonal workers under its TULONG PANGHANAPBUHAY SA ATING
DISPLACED/DISADVANTAGED (TUPAD) WORKERS PROGRAM, pursuant to the provisions of
DO No. 173 , series of 2017;

WHEREAS, the DOLE-RO No. _______ has been given the responsibility to implement the
TUPAD Program to enable the displaced workers, underemployed and seasonal workers to
engage in short-term community works to provide them with temporary wage employment
for a period of ____________ days; (minimum of 10 days and maximum of 30 days)

WHEREAS, this partnership is vital to ensure the successful implementation of the said
projects and achieve their desired social outcomes;

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NOW, THEREFORE, for and in consideration of the foregoing premises, the parties hereto
have agreed to enter into this Memorandum of Agreement under the following terms and
conditions:

I. RESPONSIBILITIES OF THE PARTIES

A. The DOLE-RO NO. _____ shall:

1. Provide the following package of services:

a) 100% wage for work rendered based on prevailing minimum wage;
b) Orientation on safety and health;
c) Personal Protective Equipment (PPE) such as hat and TUPAD t-shirt; and
(Other PPEs may be provided in case of hazardous work as specified in OSH
Standards, S1989)
d) Micro-insurance for the duration of work contract

2. Provide orientation/briefing to the PROPONENT prior to issuance of fund assistance

to ensure that both the technical and administrative concerns relative to the Project
are adequately addressed;

3. Monitor and inspect the project implementation on a regular basis; verify the
liquidation reports and authenticity of payroll of the PROPONENT;

4. Adhere to the accounting and auditing requirements of fund transfers to the

Proponent per COA Circular 2007-001 and 2012-001.

5. Demand the refund of unused funds or savings after project completion and the
refund of any disallowed amount as a result of financial audit by the DOLE and/or
the Commission on Audit, as well as issue an Official Receipt (OR) for the refunded
unexpended balance or disallowance remitted by the PROPONENT;

6. Issue Certificate of Completion of the project to the proponent.

7. Institute appropriate actions against the concerned PROPONENT which may include,
among others, suspension or termination of the project in case of violation of the
provisions of this MOA and/or legal action for misuse of approved and released
funds, the legal costs of which shall be shouldered by the PROPONENT.

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II. The PROPONENT ACP shall:

1. Identify community work projects and engage the beneficiaries for the period of
________ days starting from (date) to (date) ,
specifically in Barangay/Municipality of _______________, Province of
________________;

2. Provide equity or counterpart equivalent to twenty percent (20%) of the total

project cost.

3. Adhere to the TUPAD Program guidelines and procedures as stipulated in DO No.

173-17, and other relevant government regulations;

4. Implement the TUPAD Program based on the approved project proposal which forms
as an integral part of this Agreement, in accordance with the approved program
objectives, standards, systems and procedures for implementation, time schedule, as
well as the attached approved work program

5. Deposit the check received for the purpose to their respective authorized depository
banks. It shall issue corresponding Official Receipt (OR) in acknowledgement
thereof;

6. Keep the DOLE informed at least three (3) working days before the actual date of
implementation of the project.

7. Utilize the amount received from DOLE solely for the approved project/s and/or for
the purpose and line items as specified in the approved project proposals;

8. Shall not use the funds received from DOLE for payment of additional compensation
or in the creation of new positions or augmentation of salaries of regular personnel
of ACP officers and members/employees, or for other benefits in the form of
allowances, incentive pay, bonuses, honorarium or other forms of additional
compensation, and for purchase of motor vehicles;

9. Keep and maintain separate subsidiary record for the project funds.

10. Submit to DOLE the required worker’s profile and duly audited liquidation reports
with supporting documents such as payroll, pictures, certificate of project
completion and attendance sheet/DTR.

11. Return to DOLE any unused funds or savings immediately after project completion
and any disallowed amount as a result of financial audit by the DOLE and/or the
Commission on Audit;

12. Allow access to or make available all records and facilities pertaining to the project
for the visitorial audit and examination of the DOLE and/or COA authorized
representative/s; and
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 13. Prepare a separate proposal and MOA for the provision of skills and
entrepreneurship training (if to be provided, based on the willingness of
beneficiaries).

III. MODIFICATION/AMENDMENT AND EFFECTIVITY

a) Any modification/amendment to this Agreement shall be subject to the mutual

consent of the parties hereto;

b) Any deviation from the approved project proposal shall require approval from the
Regional Director. In case of unauthorized deviations, the PROPONENT shall be
obliged to return any unutilized portion of the financial assistance without need of
prior demand from DOLE.

c) This Agreement takes effect upon signing of the parties hereto and shall remain in
force for the duration of the implementation of the project.

IN WITNESS WHEREOF, the parties have hereunder affixed their signatures this _____day of
__________, 20_____.

DEPARTMENT OF LABOR AND EMPLOYMENT LOCAL GOVERNMENT UNIT OF ____________

REGIONAL OFFICE No. _______ or Accredited Co-Partner

By: By:
____________________________ __________________________
Regional Director LGU or ACP Representative

Signed in the Presence of:

_____________________________ ________________________________
Witness Witness

Certification of Availability of Funds: (General Fund)

___________________________
Chief Accountant

ACKNOWLEDGMENT

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REPUBLIC OF THE PHILIPPINES )
CITY OF _____________________) S.S.

BEFORE ME, in the City of ________________________, this _____ day of

___________ 20___, personally appeared the following:

VALID IDENTIFICATION DATE/PLACE OF

NAME
CARD/NUMBER ISSUE
1.
2.
3.
4.

All known to me and to me known to be the same persons who executed the
foregoing instrument and acknowledged before me that the same is their free and voluntary
act and deed as well as those of the entities they represent.

Said instrument refers to a Memorandum of Agreement consisting of _______ pages

including this page of acknowledgement, signed by the parties and their witnesses and
sealed with my notarial seal.

NOTARY PUBLIC

Book No. ______;

Doc. No. ______;
Page No. _______;
Series of 20_____.