MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement executed by and between:

The DAVAO DEL NORTE STATE COLLEGE, a public Higher Education Institution
established under RA 7879 with principal office at New Visayas, Panabo Cit, Davao del
Norte, represented herein by its President, JOY M. SORROSA, PhD, herein referred to as
“FIRST PARTY”

-and-

The CITY GOVERNMENT OF PANABO, a Local Government Unit (LGU) with postal
address at City Hall, J.P. Laurel, Panabo City, Davao del Norte, represented herein by the
City Mayor, JOSE E. RELAMPAGOS, by virtue of Sangguniang Panlungsod Resolution
No. ______. Series of 2024, hereinafter referred to as the “SECOND PARTY”

WITNESSETH:

WHEREAS, the goal of this agreement is to enhance the food safety practices of vendors selling
food products in Panabo City for the benefit of public health and safety.

WHEREAS, DNSC is a public higher education institution located in Panabo City, Davao del
Norte. It is mandated by its charter to provide higher professional, technical, and special instructions for
specific purposes and promote research and extension services, advanced studies, and progressive
leadership in education, engineering, arts, sciences, fisheries, and other fields.

WHEREAS, Panabo City Local Government Unit, through its City Health Office and City
Economic Enterprise Management Development Office, is mandated to promote health, prevent the
occurrence of illnesses, control the spread of communicable diseases by providing the highest standard of
quality health services, and enforce regulations for food businesses.

WHEREAS, the collaboration between the PARTIES focuses on conducting research, training,
and outreach activities aimed at improving food safety practices among local food vendors and consumers.

NOW THEREFORE, for and in consideration of the foregoing premises, the parties hereto hereby agree
as follows:

I. THE PROJECT

This agreement covers the project titled Enhancement of the Food Safety Practices of
Vendors Selling Ready-to-Eat Food in Panabo City with its objectives, methodology, and
expected outputs.

The purposes of this agreement are:

1. To jointly develop and implement initiatives that enhance food safety practices among
vendors selling food in Panabo City.

2. To conduct research and extension activities aimed at identifying and addressing food safety
issues in the local food industry.

3. To provide training and capacity-building programs for food vendors to ensure compliance
with food safety standards and regulations (such as the Food Safety Act, RA 10611).

1
 4. To collaborate on outreach and awareness campaigns to educate the community about the
importance of safe food handling practices.

II. DURATION OF THE AGREEMENT

This Memorandum of Agreement shall take effect immediately upon signing and valid for
three academic years, unless revoked by the parties.

ROLES AND RESPONSIBILITIES OF THE PARTIES

1. The FIRST PARTY shall:

1.1 actively collaborate with the City Health Office (CHO) and City Economic Enterprise
Management Development Office (CEEMDO) in coordinating and managing the
overall execution of the project, including project planning, development, and
implementation.

1.2 be responsible for conducting research on food safety practices, developing training
modules, and providing training sessions to the vendors selling ready-to-eat food.

1.3 allocate faculty, staff, and other resources as necessary to carry out the research,
training, and related activities per the project plan.

1.4 oversee data collection related to food safety practices among vendors and analyze the
data to assess the project's impact.

1.5 provide regular progress reports to Panabo City LGU, as outlined in the project plan, to
keep the second party informed about the project's status and outcomes.

1.6 share research findings, best practices, and recommendations with Panabo City LGU to
inform policy development and enhance food safety practices within Panabo City.

2. The SECOND PARTY shall:

2.1 actively collaborate with DNSC in planning and executing the project, providing
support, and facilitating access to vendors selling food within Panabo City.

2.2 assists DNSC in identifying and engaging vendors selling ready-to-eat food willing to
participate in the project.

2.3 provide DNSC with necessary data and information on food safety practices and
relevant vendors within Panabo City.
2.4 actively monitor and evaluate the project's progress, contributing insights and feedback
to ensure its success.

2.5 consider the research findings and recommendations provided by DNSC in formulating
and implementing policies related to food safety within Panabo City.

2.6 provide resources, if available and as agreed upon in the project plan, to support the
successful implementation of the project.

III. OWNERSHIP OF PURCHASED EQUIPMENT AND FACILITIES

In the event that the project shall include provision for equipment and facilities, the
FIRST PARTY reserves the right to ownership over the purchased equipment and facilities
2
 subject to the agreement. Transfer of ownership of the said equipment and facilities in favor of
the SECOND shall ensue upon issuance of Invoice Receipt of property by the FIRST
PARTY, or completion of any other required accounting and audit procedure for the purpose.

IV. OWNERSHIP AND UTILIZATION OF INFORMATION, TECHNOLOGIES,

INVENTIONS, AND IMPROVEMENTS

The PARTIES hereby agree and understand that intellectual property rights,
ownership and enjoyment thereof arising from this project shall be governed by the applicable
provisions of RA 10055 (An Act Providing the Framework and Support System for the
Ownership, Management, Use, and Commercialization of Intellectual Property Generated
from Research and Development funded by Government and for other purposes), RA 8439
(An Act Providing a Magna Carta for Scientists, Engineers, Researchers and other Science
and Technology Personnel in Government), and RA 8293 (An Act Prescribing the
Intellectual Property Code and Establishing the Intellectual Property Office, Providing for
Its Powers and Functions, and for Other Purposes) including their respective Implementing
Rules and Regulations, as well as existing and future policies of the FIRST PARTY on
Intellectual Property Rights such as but not limited to the following:

1. Any publication arising from the activities undertaken by virtue of and pursuant to this
Memorandum of Agreement (MOA) shall clearly establish and identify the source of the
output and grant, respectively.

2. All reports arising from activities undertaken by virtue of and pursuant to this
Memorandum of Agreement shall be made in the name of the PARTIES, as source of the
output and grant, respectively. The names of the Program Leaders/Project Leaders/Authors
shall be identified, recognized and included in the report.

3. The FIRST PARTY shall have the right to freely use all data and findings by virtue of and
pursuant to this Contract for any of the purposes within its legal mandate. There shall be
documented communication on the use of any of the data or information contained in
reports and the purposes thereof, to ensure that government-funded research is utilized,
continuously supported, and properly documented for the widest dissemination and use by
the general public, and to encourage further scientific studies and researches.

4. The PARTIES shall ensure that the project and its outcome would not violate the
intellectual property rights of any third party.

V. ACTIVITIES DEALING WITH INDIGENOUS PEOPLE’S PROPERTIES,

RESOURCES, KNOWLEDGE AND/OR HERITAGE

In case the project would utilize any property, knowledge, heritage, culture,
tradition, institution and/or any other resource that belong to any indigenous community,
the implementing PARTY has the responsibility of securing the indigenous community’s
free prior informed consent and subject itself to the provisions and requirements relative to
researchers and research outcomes provided in RA 8371 (An Act to Recognize, Protect and
Promote the Rights of Indigenous Cultural Communities/Indigenous People, Creating a
National Commission of Indigenous People, Establishing Implementing Mechanisms,
Appropriating Funds Therefore, and for Other Purposes) and its Implementing Rules and
Regulations, to protect and respect the community intellectual property rights of the
concerned indigenous community.

For any violation of the provisions of the above law, with no valid cause to justify
the same, the PARTIES may exercise the option of rescinding the agreement, through
written notice citing the violation found, and the funds and or properties may be required to
be returned including all funds subject of this project.

VI. GENDER FAIR AND INCLUSIVITY CLAUSE

3
 It shall be observed that in the conduct of the project, discrimination on the basis of
gender or disability shall not be tolerated by all parties. All reasonable efforts shall be
exerted to provide equitable representation where possible in the implementation of this
memorandum.

ETHICAL CONDUCT OF ACTIVITIES

The PARTIES has the responsibility of ensuring that the conduct of the activities is
in accordance with ethical standards especially those affecting vulnerable and marginalized
sectors and communities.

VII. DATA PRIVACY

All information, data, documents and papers exchanged between the PARTIES in
relation to the preparation and execution of this Memorandum of Agreement shall be treated
by the Parties in utmost confidentiality and shall not be divulged or shared with any third
party, without the prior written consent of the other Party.

VIII. AMENDMENT PROVISION

Any additional or amendments on the stipulations hereof shall be done through a

supplementary agreement to be prepared by the party requiring such and shall be mutually
consented by the PARTIES. Notarization of such shall be taken care of by the party who
prepared the amendments/additional provisions.

IX. TERMINATION AGREEMENT OR NOTICE

The PARTIES may, based on evidence of failure to comply with the terms of this
agreement, or in the event of unreasonable delay, inaction, or break of obligation under the
Memorandum of Agreement, issue a notice of intent to terminate the grant agreement. The
notice of intent to terminate has the force and effect of extending or modifying the conditions
of the suspend order. Any modification of the condition of the suspend order shall be shown in
the notice and discussed with all PARTIES. There shall be a written notice given not less than
ten days of intent to terminate the grant in whole or in part.

After the PARTIES have been notified and/or afforded opportunity for discussion,
the personnel concerned may request authorization from its Governing Board or appropriate
authority to terminate the grant in whole or in part. If the Board or appropriate authority
concurs in the termination action, the termination notice will be forwarded to all PARTIES.
The termination notice shall establish the effective date of the termination of the grant and the
amount and date of payment of any sums due either party.

X. DISPUTE RESOLUTION

If any dispute or difference of any kind whatsoever shall arise between the
PARTIES in connection with the implementation or interpretation of this contract, the
PARTIES shall make every effort to resolve amicably such dispute or difference by mutual
consultation.

In case of failure, the Rules on Alternative Dispute Resolution (ADR) between

national government agencies under Republic Act No. 9285 shall apply. This is, however,
without prejudice to the provision of Rule 26 of RA10055 on resolution of disputes,
particularly on matters pertaining to ownership.

Indemnification: Each party shall indemnify, hold free and harmless, and defend at
its own expense the other party/ies from and against all suits, claims, demands, and liabilities
of any nature or kind, arising out of acts or omissions of the former, in the performance of any
activity in connection with the project, including those that may be initiated by its employees,

4
 workers, agents, subcontractors, or by any other entity or persons against said party by reason
of or in connection to the project.

XI. BASIS FOR TERMINATION

This contract may be terminated for cause. Cause for termination includes failure to
make satisfactory progress toward achieving the level of participation; or other evidence
satisfactory that the project has failed or is unable to perform in accordance with the provisions
of this agreement.

XII. CONTRACT TERMINATION

Where cause for termination is based on one PARTY’s failure or inability to

perform, upon termination, there shall be a refund of the contract funds paid or owed and
allocable to the terminated project work. Only funds needed to meet existing obligation shall
be retained. All other funds shall be refunded to the appropriate PARTY.

XIII. SEPARABILITY CLAUSE

In the event that one or more provisions contained herein shall be held invalid, illegal
or unenforceable in any respect and for any reason, the remaining provisions shall remain
valid, legal and enforceable.

XIV. RISK MANAGEMENT AND INDEMINIFICATION CLAUSE

For occupational safety and health risk management, risk assessment shall be done to
identify potential hazards. Prior to the conduct of activities, both parties shall jointly assess the
possible risks and hazards that may be incurred during the implementation of the research. Both
parties shall agree on precautionary measures while on field work.

In case of force majeure or Acts of God, neither Party shall be in breach of its obligations
under this Agreement.

XV. DOCUMENTS COMPRISING THIS AGREEMENT

All appendices hereto attached are hereby expressly made an integral part of this
agreement by reference, excluding inconsistencies with any/all parts, terms, and conditions
contained in this Memorandum of Agreement.

XVI. EFFECTIVITY OF THE AGREEMENT

This Agreement shall take effect on _______________________.

IN WITNESS WHEREOF, the PARTIES hereunto have affixed their respective signatures this
_____ day of __________ 2024, at _________________, Philippines.

DAVAO DEL NORTE STATE COLLEGE PANABO CITY LOCAL GOVERNMENT

FIRST PARTY UNIT
SECOND PARTY
By: By:

JOY M. SORROSA, PhD JOSE E. RELAMPAGOS

DNSC President Panabo City Mayor
5
 Signed in the presence of:

_________________________________ & _________________________________

ACKNOWLEDGMENT

REPULIC OF THE PHILIPPINES)

City of Panabo )S. S.

BEFORE ME, a Notary Public, for and in the City of __________________, this ________ day
of _______________, 20___, personally appeared:

ID No. Issued on/Issued at

DR. JOY M. SORROSA ________________ _________________

JOSE E. RELAMPAGOS ________________ _________________

Known to me and to me known to be the same person(s) who executed the foregoing instrument and who
acknowledged to me that the same is their free and voluntary act and deed, and that of the institutions
respectively represented.

The foregoing instrument refers to a Memorandum of Agreement (MOA) consisting of seven (7) pages,
including the page in which this Acknowledgement is written, signed by the parties, including their
instrumental witnesses on each and every page thereof and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place above written.

NOTARY PUBLIC

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2023.