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“A RESOLUTION AUTHORIZING THE CITY MAYOR, HON. ALLAN L. RELLON, DPA, PhD, TO ENTER INTO AND SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM A MEMORANDUM OF AGREEMENT (MOA) WITH THE STO. NIÑO COLLEGE OF SCIENCE AND TECHNOLOGY FOR THE IMPLEMENTATION OF THE WORK IMMERSION PARTNERSHIP OF THE DEPARTMENT OF EDUCATION”.

Republic of the Philippines
Province of Davao del Norte
CITY OF TAGUM

 

BEFORE THE 7th CITY COUNCIL

 

EXCERPT FROM THE MINUTES OF THE 61st  REGULAR SESSION OF THE 7th CITY COUNCIL OF TAGUM, PROVINCE OF DAVAO DEL NORTE HELD ON SEPTEMBER 12, 2017 AT THE SP SESSION HALL.

PRESENT:
Hon. GETERITO T. GEMENTIZA, MDMG,             City Vice Mayor           (Presiding Officer)
Hon. EVA LORRAINE E. ESTABILLO,                   Member
Hon. AGRIPINO G. COQUILLA, JR., CE,           Member
Hon. MACARIO A. BERMUDEZ, II,                     Member
Hon. RONALD S. ELIOT,                                                Member
Hon. JAN DMITRI S. SATOR,                              Member
Hon. REY CYRIL T. ALBA                                   Member
Hon. TRISTAN ROYCE R. AALA, MDMG,           Member
Hon. ESTER L. ANGOY,                                     Member
Hon. JOEDEL T. CAASI, MDMG,                       Member
Hon. PROSPERO E. ESTABILLO, JR.,                   Member                       (ABC Representative)
Hon. DAMIANO L. CIPRO,                               Member                       (IP Representative)
ON SICK LEAVE:
Hon. ROBERT L. SO,                                          Member

 

RESOLUTION NO. 680, s-2017

“A RESOLUTION AUTHORIZING THE CITY MAYOR, HON. ALLAN L. RELLON, DPA, PhD, TO ENTER INTO AND SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM A MEMORANDUM OF AGREEMENT (MOA) WITH THE STO. NIÑO COLLEGE OF SCIENCE AND TECHNOLOGY FOR THE IMPLEMENTATION OF THE WORK IMMERSION PARTNERSHIP OF THE DEPARTMENT OF EDUCATION”.

WHEREAS, in a letter dated August 14, 2017 addressed to the Honorable Members of the Sanggunian, and duly received by the Office of the Secretary to the Sanggunian on August 15, 2017, the Acting City Mayor, Hon. Geterito T. Gementiza, MDMG, forwarded a draft Memorandum of Agreement (MOA) between the City Government of Tagum and Sto. Niño College of Science and Technology for the Work Immersion Partnership, for urgent action which was referred to the Joint Committee on Education and Culture and Committee on Laws, Rules and Privileges on August 22, 2017 on the 58th Regular Session of the 7th City Council;

WHEREAS, the Department of Education had issued Memorandum No. 04, series of 2014 that states the Guidelines on the preparation for the national implementation of the Senior High School (SHS) program on non-DepEd Schools, School year 2016 – 2017, onwards;

WHEREAS, pursuant to this memorandum, the Sto. Niño College of Science and Technology is in compliance with this mandate in offering 2- year Senior High School Programs on Technical-Vocational Livelihood Track concentrating on the Information and Communication Technology (ICT) strand;

WHEREAS, the Sto. Niño College of Science and Technology expresses its intention to open a partnership with the Local Government Unit of Tagum in the implementation of the Senior High School (SHS) program through immersion of its students;

WHEREAS, the Local Government Unit ensures to uphold the established partnership by making available the offices to provide the students immersion during their practicum and research relative to the implementation of the Senior High School Program;

NOW THEREFORE, be it resolved by the Sangguniang Panlungsod of Tagum to authorize the City Mayor, Hon. Allan L. Rellon, DPA, PhD to enter into and sign for and in behalf of the City Government of Tagum a Memorandum of Agreement (MOA) with the Sto. Niño College of Science and Technology for the implementation of the Work Immersion Partnership of the Department of Education.

RESOLVED FURTHER, that a copy of this resolution shall be furnished to Sto. Niño College of Science and Technology and all offices concerned for their information and guidance;

 

RESOLVED FURTHERMORE, that the full text of the Memorandum of Agreement shall be as follows:

 

 

MEMORANDUM OF AGREEMENT

for Work Immersion Partnership

            This Memorandum of Agreement is entered into this __ of ____, 2017 in Tagum City, by and between:

 

The STO NIÑO COLLEGE OF TECHNOLOGY INC., with School Identification Number 405385 a private high school, with principal address at Bonifacio St., Tagum City, Davao del Norte, represented in this Agreement by its School Administrator, BEATRIZ P. NAMULAG, Filipino of legal age, hereinafter referred to as the “SCHOOL”;

 

-and-

 

The CITY GOVERNMENT OF TAGUM, of the Republic of the Philippines, with principal address at J.V. Ayala Avenue, Apokon Tagum City, represented in this Agreement by its MAYOR, ALLAN L. RELLON, DPA, PhD, Filipino, of legal age, hereinafter referred to as the “LGU”.

 

WITNESSETH:

 

WHEREAS, the Department of Education of the Philippines, hereinafter referred to as “DepEd” is the primary government instrumentality mandated to formulate, implement, and coordinate policies, plans, programs and projects in the areas of formal and non-formal basic education, supervise all elementary and secondary education institutions, including alternative learning system, both public and private; and provide for the  establishment and maintenance of a complete, adequate, and integrated system of basic education relevant to the goals of national development;

WHEREAS, the Department of Education has introduced the K to 12 basic education reform program that includes Senior High School, with the major objective of ensuring that graduates of basic education are ready for employment, entrepreneurship and higher learning;

WHEREAS, the Senior High School curriculum can be customized at the local level to take into consideration the needs of local industries and the labor market;
WHEREAS, Department of Education believes that for the effective delivery of SHS instruction, there is a need for school-industry partnership that will provide the school the necessary expertise and venue for practical, on-the-job, enterprise-based training for SHS learners;

WHEREAS, the Department of Education will start full implementation of SHS in School Year 2016-2017;

WHEREAS, the SCHOOL is among those that will offer Senior High School to the students in the community to carry out Department of Education’s objectives for Senior High School as spelled out above;
WHEREAS, to achieve this objective, the SCHOOL needs to enter into a Work Immersion partnership with the LGU;

WHEREAS, the LGU operates in the area where the School is located and has offices, facilities, project sites, and expertise that it can make available to the School for purposes of student work immersion;

WHEREAS, the LGU considers going a work immersion partnership with the school as part of its mission to create a positive impact on the community, especially the young people;

WHEREAS, the institutionalization and implementation of the K to 12 program is among the priority programs of the government for promoting inclusive growth;

WHEREAS, the LGU is encouraged to fully support the successful implementation of the K to 12 Program of the Department of Education as stated in Paragraph 4, Section 2 of the Republic Act 9155 or “Governance of Basic Education Act of 2001”;

WHEREAS, the LGU recognizes the need for a work immersion environment that is safe for the students and teachers, and conducive to learning, and has the capability to provide these environment;

 WHEREAS, the SCHOOL and the LGU, hereinafter collectively referred to as “PARTIES”, undertake to collaborate towards the successful implementation of the Senior High School in the city cognizant of the need for special protection of the child and with the best interest of the SHS learner at heart;

NOW THEREFORE, in consideration of the foregoing premises, the PARTIES hereby agree as follows:

 

DESCRIPTION OF THE WORK IMMERSION PROGRAM

 

With the passage of the Enhanced Basic Education Act of 2013 or Republic Act 10533, the DepEd was tasked to implement the K to 12 Program, essentially adding two (2) years of specialization within the Basic Educational System;

 

The DepEd designed the implementation of RA 10533 within the framework of increased community involvement in the learner’s experience;

 

With this premise, the DepEd, offers venues for various stakeholders to participate in the implementation of RA 10533 and, the same offer, accepted by the PARTIES herein;

 

The Work Immersion Program is one of the course requirements for graduation. A SHS student has to undergo work immersion in a business organization or establishment with work requirements related to the specialization. Through work immersion, the students are exposed to and are familiarized with the work-related environment related to their field of specialization. Specifically, the students are able to:

1.       Gain relevant and practical industrial skills under the guidance of industry experts and workers;
2.       Appreciate the importance and application of the principles and theories taught in the classroom;
3.       Enhance their technical knowledge and skills;
4.       Prepare them to meet the needs and challenges of employment, entrepreneurship, or higher education after their graduation.

 

I.       OBJECTIVES OF THE WORK IMMERSION PARTNERSHIP

 

The Work Immersion Partnership has the following objectives:

1.   To supplement the formal curriculum of the Senior High School program with special incoming inputs coming from the LGU experts and practitioner in order to make the Senior High School program aligned and consistent with work standards;
2.   To develop in the students of the SHS program the knowledge and skills that are relevant to the needs of the job market in the area;
3.   To provide SHS students relevant learning experiences by giving them exposure to the actual workplace setting; and
4.   To form Work Immersion Partnership between SCHOOL and LGU allowing the students, faculty of the school concerned the use of and access to the LGU workplace and equipment as part of their Work Immersion Program.

 

 II.   RESPONSIBILITIES OF THE PARTIES
 A.   Joint Responsibilities

 Both the SCHOOL and LGU shall:

 

1.   Create a joint working group that will prepare the action plan to operationalize the partnership;
2.   Form a joint steering committee to monitor the progress of the partnership and to make sure that the provisions of this Memorandum of Agreement (MOA) are met;
3.   Adhere to all laws, memoranda and circulars pertaining to child protection;
4.   Develop the students’ Work Immersion module specifying goals and objectives, desired outcomes of the program and how these outcomes will be achieved, also noting the specific knowledge,
skills, attitudes and competencies that the student should acquire after completing the program;
5.   Develop a Work Immersion Daily Schedule of Activities that will be followed by the student during the whole duration of the Work Immersion inside the LGU;
6.   Formulate local school work immersion policies and guidelines on selection, placement, monitoring, and assessment of student (immersion participants), in order to ensure that each student is assigned to an immersion partner matched to his/her desired track, qualifications and aptitude.

 

B. RESPONSIBILITIES OF THE SCHOOL

The SCHOOL shall:
1.   Identify and indicate the Senior High School track/s and strand/s, and/or specialization/s which will be the subject of the partnership.
2.  Make the needed adjustments to contextualize the SHS subjects based on inputs coming from the LGU;
3.  Designate a person who will be in-charge of coordinating with the CITY GOVERNMENT OF TAGUM and supervising the activities of the students for the duration of the Work Immersion Program;
4.   Continue to exercise its Special Parental Authority under the Family Code over the Senior High School students under immersion in the premises of the partner;
5.  Monitor each student’s progress throughout the duration of the entire work immersion program so as to make sure that the tasks assigned to each student are meaningful, challenging, and applicable to his/her particular programs are able to maximize the quality of the learning experience;
6.  Provide the AGENCY an evaluation tool for the students’ immersion performance;
7.  Issue a final grade to the student upon completion of the requirements within a prescribed period;
8.  Ensure that the student will adhere to the non-disclosure policies of the AGENCY as agreed to by the School.
9.  Provide signed Consent forms from the parents as applicable.
10.Provide the LGU a Certificate of Participation in the SHS Program for whatever purpose it may serve;
11. Execute a Deed of Acceptance as a way of recognizing and acknowledging the donation/s received from the LGU.

 

C.   The CITY GOVERNMENT OF TAGUM shall:

1.   Assign a competent Immersion Coordinator from the LGU to liaise with the SCHOOL and supervise the students without prejudice to the special parental authority of the school, its administrators and teachers for the duration of the work immersion program so as to ensure efficient implementation of all stages of the program;
2.   Provide inputs into the curriculum through the discussions or workshops that the DepEd will organize;
3.   Lend its expertise by making available its resident resource persons to provide training to the students;
4.   Allow the student to be deployed to the different sections/departments/project sites of the LGU based on the Work Immersion Daily Schedule of Activities;
5.   Agree to the required number of hours of the immersion program set under the DepEd SHS curriculum.
6.   Provide immersion opportunities for Fifteen (15) students for School Year 2017-2018.
7.   Provide students with an orientation about the LGU, its line of job as well as expose them to the various stakeholders of the community in which it operates for the students to get a holistic understanding of the LGU;
8.   Similarly, ensure that students undergo training related to their course, and provide the students with work or activities that are varied and applicable to their field of study;
9.   Make it workplace and facilities available to students, and shall similarly take all necessary action to ensure the safety of students within their areas of operation at all times, which shall include, but shall not be limited to, the provision for Personal Protective Equipment (PPE’s), if applicable. Ensure that the students will not be exposed to hazardous materials and working environment throughout the duration of the immersion;
10.  Evaluate students’ performance in the immersion venue by accomplishing provided evaluation tool;
11.  Issue a Certificate of Completion to the student trainees upon having satisfactorily complied with all requirements of the program;
12.  Execute a deed of donation in favour of DepEd for the completed Work Immersion Partnership.

 

III.  EFFECTIVITY

 

This agreement shall hold for the duration of the 2017-2018 Academic School Year and is renewable every year. The LGU and the SCHOOL shall submit their intention for renewal of this agreement through formal notice within thirty (30) days before the expiration of this Agreement.

The LGU and the SCHOOL reserve their respective rights to terminate their participation in the agreement through formal written notice within thirty (30) days before the effectivity of the termination. Both parties shall turnover all deliverables agreed thereto in the Work Immersion Program. Termination shall be subject to mutual agreement between the parties.

 

IV. LIABILITY

The school, its administrator and teachers exercising authority and supervision over the Senior High School Student undergoing immersion in the premises of the partner may be held accountable for the student’s acts.

Each party shall answer for losses and damages arising from any accident, act, or omission directly attributable to its fault or negligence, which may cause death or badly injury to any persons, or loss or damage to property, by or on account of the performance of the respective obligations by the parties pursuant to this Agreement. Such responsibility shall continue to remain that of the responsible party’s even after the termination of this agreement, if such losses and damages were incurred during the effectivity of this agreement.

DepEd shall not be liable from opportunity loses of the CITY GOVERNMENT during the duration and after the termination of this agreement.

 

V.   NON-DISCLOSURE PROVISION

It is expressly understood by DepEd  and the students that all information on technology, manufacturing, process standard, raw materials purchasing, marketing, finance, and all other related documents, manuals, operational and technical matters that the CITY GOVERNMENT OF TAGUM shall make available to them shall be used for the sole purpose of student training. All of these matters are classified as confidential in nature and proprietary to the CITY GOVERNMENT OF TAGUM, and hereby each student undertakes to prevent transfer of such information by any of its members to any party outside the LGU.

 

VI.  OTHER PROVISIONS

It is expressly understood by the PARTIES that the LGU is not obliged to pay wage or salary since there is no employer-employee relationship that exists. However, the LGU is not precluded from providing the student with any monetary or financial assistance in the form of transportation fee, food allowance, etc.

In determining the existence of an employer-employee relationship, the following elements are considered: (1) the power to hire; (2) the payment of wages; (3) the power to dismiss, and (4) the power to control the employee’s conduct, with the control test generally assuming primacy in the overall consideration.

 

No employer-employee relationship exists between the student and partner in work immersion if all the following criteria are met:
1.          The training, even though it includes actual operation of the employer’s facilities, is   similar to training provided in an educational program;
2.          The training is for the benefit of the student;
3.          The student does not displace regular employees, and works under close supervision;
4.          The student are not entitled to a job at the conclusion of the training period and are   free  to take jobs elsewhere in the same field;
5.          Any clinical training is performed under the supervision and direction of people who are knowledgeable and experienced in the activity;
6.          The training is general, and qualifies the student to work in any similar business. It is not designed specifically for a job with the employer that offers the program;
7.          The screening process for the immersion program is not the same as for employment, and does not appear to be for that purpose. The screening only uses criteria relevant for admission to an independent educational program; and
8.          Advertisement, posting, or solicitations for the program clearly discuss education or training, rather than employment, although employers may indicate that qualified graduates may be considered for employment.

IN WITNESS WHEREOF, the parties have hereunto set their hands _________ day of ________________ at Tagum City Davao del Norte, Philippines.

 

 

 

FOR THE LGU:                                                   FOR THE SCHOOL:

 

ALLAN L. RELLON, DPA, PhD                             BEATRIZ P. NAMUAG
City Mayor                                                                            School Administrator

 

With Confirmity:

 

NELSON C. LOPEZ, CESO IV

Schools Division Superintendent

Department of Education

Tagum City Division

 

 

Signed in the presence of:

 

EDNA J. QUILARIO, MPA                                  ATTY. EVA LORRAINE E. ESTABILLO
City Human Resource                                                 SP Committee Chairperson of Education

 

ACKNOWLEDGEMENT

 

Republic of the Philippines                  )

Province of Davao del Norte              ) S.S

City of Tagum                                      )

X—————————————x

 

BEFORE ME, Notary Public for and in the Province of Davao del Norte, personally appeared:

 

 

Known to me to be the same persons who executed the foregoing instrument, consisting of ___ page/s, including the page on which this acknowledgment is written, and they acknowledged to me that the same is their free act and deed.

 

IN WITNESS HEREOF, I have hereunto set my hand this _____ day of _________, 2017 at Tagum City, Philippines.

Doc. No.  _______
Page No. _______
Book No. _______
Series of 2017

 

RESOLVED FURTHERMORE, that copy of this resolution will be furnished to Tagum City National Comprehensive High School and all offices concerned for their information and guidance.

CARRIED AND APPROVED.

I HEREBY CERTIFY to the correctness of the foregoing.
 

REY A. BUHION
                                                                                                            Secretary to the Sanggunian

 

ATTESTED AND CERTIFIED
TO BE DULY ADOPTED:

 

GETERITO T. GEMENTIZA, MDMG
City Vice Mayor
(Presiding Officer)