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MEMORANDUM OF UNDERSTANDING

KNOW ALL MEN BY THESE PRESENTS:

Administrativ
e,
DOSTSTII
Bukidnon,
RO X

This Memorandum of Understanding (MoU) made and entered into this _________ day
of 2014 between the:
DEPARTMENT OF SCIENCE AND TECHNOLOGY REGIONAL OFFICE NO.
X (DOST RO-X), with principal office at J.V. Seria St, Carmen, Cagayan de Oro City
Philippines, represented in this Agreement by its Regional Director, ALFONSO P.
ALAMBAN, herein referred to as the FIRST PARTY; and
DOST RO-X

SCIENCE AND TECHNOLOGY INFORMATION INSTITUTE (STII), a


government agency of the Department of Science and Technology and a globallyrecognized center for science & technology information dedicated to the empowerment
of the nations key sectors, that contributes to the improvement of Philippine society,
with office address at STII Building, DOST Complex, General Santos Avenue, Bicutan,
Taguig City, Philippines and represented herein by its Director, MR. RAYMUND E.
LIBORO, herein referred to as the SECOND PARTY;
LGU-MALAYBALAY CITY with principal office address at C.M. Recto St.,
Malaybalay City, Bukidnon represented herein by its Mayor: HON. MAYOR
IGNACIO W. ZUBIRI herein after referred to as the THIRD PARTY;
WITNESSETH:
WHEREAS, the FIRST PARTY, promotes and implements ICT related projects for the
advancement of Region X and recognizes the benefits of establishing STARBOOKS in
the Region;
WHEREAS, the SECOND PARTY, is mandated to establish and develop science and
technology databank and library, disseminates science and technology information, and
takes the lead in science and technology information training, has developed a Science
and Technology Academic and Research-Based Openly-Operated Kiosk Station
(STARBOOKS) also known as the DOST Science Digital Library Kiosk;
WHEREAS, the THIRD PARTY, is mandated to enhance education by providing
holistic and quality co-curricular program, projects and activities that will prepare the
Filipino children and youth towards the new millennium and to deliver quality,
effective, and efficient delivery of educational services.
WHEREAS, the parties to this Understanding, considering their respective mandates,
resources and expertise, networks and programs and, desirous of accomplishing a better
coordinated, shared, more impact-producing project have agreed to work together to
accomplish this objective to commence on _________.

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City
Administrato
r
Chief,
Finance and
Provincial
Director of
City

Mayor

Director,
STIII-DOST
Regional
Director
HERCULAN
O
S.
RONOLO
ARLENE E.
CENTENO
VIRGILIO
M.FUERTAS
IGNACIO W.
ZUBIRI
signed in the
presence of:
RAYMUND
E. LIBORO
By:
ALFONSO
P.
ALAMBAN

NOW, THEREFORE, for and in consideration of the foregoing premises, and in their
desire to cooperate in a defined area and in recognition of shared interest in
strengthening cooperation on science and technology information and activities on the
basis of mutual benefits, the FIRST, SECOND, and THIRD PARTY have reached the
following understanding:

Administrativ
e,
DOSTSTII
Bukidnon,
RO X

GENERAL AGREEMENT
1.1 Subject to their respective rights and obligations as set out in this Agreement, the
Parties shall cooperate and endeavor to achieve the following:
DOST RO-X

OBLIGATIONS OF THE FIRST PARTY

City
Administrato
r

2.1 The First Party shall, for its exclusive account, timely, properly and adequately
perform the following:
(a) Coordinate with the THIRD PARTY;
(b) Responsible for the monitoring of STARBOOKS projects in Region X;
(c) Submission of monthly accomplishment/progress report of the Third Party to
DOST-STII through DOST RO- X; and

Chief,
Finance and
Provincial
Director of

(d) Responsible for the installation of content updates from the Second Party.
OBLIGATIONS OF THE SECOND PARTY
3.1 The Second Party shall, for its exclusive account, timely, properly and adequately
perform the following:
(a) Provide the science and technology information contents;
(b) Regularly update the contents of the STARBOOKS in Region X through the
First Party so it will give adequate information for the users;

City

Mayor

Director,
STIII-DOST
Regional
Director
HERCULAN
O
S.
RONOLO
ARLENE E.
CENTENO

(c) Responsible for the mandatory training of librarian/kiosk clerk of the THIRD
PARTY for the operation of the Kiosk;

VIRGILIO
M.FUERTAS

(d) Include website as recommended link of STII official website as part of the
partnership.
OBLIGATIONS OF THE THIRD PARTY
4.1 The Third Party shall, for its exclusive account, timely, properly and adequately
perform the following:

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IGNACIO W.
ZUBIRI
signed in the
presence of:
RAYMUND
E. LIBORO
By:
ALFONSO
P.
ALAMBAN

(a) Responsible for the transportation expenses and board and lodging of three (3)
STII personnel who will install and conduct the initial mandatory training for
the Kiosks personnel;
(b) Provide an area for the STARBOOKS Kiosk;

Administrativ
e,
DOSTSTII
Bukidnon,
RO X

(c) Provide the kiosk, access terminal and other computer devices needed;
(d) Provide two (2) point persons (preferably librarian and IT staff) to manage the
operations and sustainability of the STARBOOKS project;
(e) Provide supplies and materials needed for the operations of the STARBOOKS
system;
DOST RO-X

(f) Submit
monthly
accomplishment/progress
report
(log
usage
statistics/problems met/ comments and suggestions to improve the system)
every 10th day of the following month to SECOND PARTY. The THIRD
PARTY will cease to receive an updated digitized content and upgraded
version should the FIRST PARTY fail to submit the monthly reports for three
(3) consecutive months to the SECOND PARTY;
(g) Responsible for the processing of S&T materials of their library for possible
inclusion in STARBOOKS.

City
Administrato
r
Chief,
Finance and
Provincial
Director of

(h) Support the Trees for PeaCes activity of STII where STARBOOKS project
recipients are encouraged to plant trees.
MISCELLANEOUS CONDITIONS
5.1 Safety Measures. The FIRST PARTY shall ensure that all proper safety and
security measures are followed during the preparations for and actual
implementation of this undertaking.
5.2 Intellectual Property. The Parties hereto agree not to violate each others
intellectual property rights consisting of, but not limited to their respective
trademarks, copyrights, patents and design, and utility model rights. The parties
also recognize the validity and enforceability of these rights and shall not dispute
nor challenge the same at any time.
5.3 Relationship of the Parties. There is no employer-employee relationship between
the FIRST and THIRD PARTY and the latter's officers, employees, agents or
representatives who may be assigned to perform the services under this
Agreement. It is agreed that SECOND PARTY shall be solely responsible for the
respective compensation of said officers, employees, agents or representatives
who may be assigned to perform the services under this Agreement. As such, the
SECOND PARTY shall hold the FIRST, and THIRD PARTY free from any
liability, cause/s of action, claim/s which may be filed against the FIRST and
THIRD PARTY by any, some or all of the SECOND PARTYs officers,
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City

Mayor

Director,
STIII-DOST
Regional
Director
HERCULAN
O
S.
RONOLO
ARLENE E.
CENTENO
VIRGILIO
M.FUERTAS
IGNACIO W.
ZUBIRI
signed in the
presence of:
RAYMUND
E. LIBORO
By:
ALFONSO
P.
ALAMBAN

employees, agents or representatives in connection with the services they are


assigned to perform under this Agreement or under the provisions of the Labor
Code of the Philippines and such other applicable laws, rules, and regulations.
5.4 Force Majeure. The term Force Majeure/fortuitous event shall mean all events
which could not be foreseen or although foreseen, were inevitable and beyond the
control of the Party/ies, and which materially affect the ability of the Party/ies to
comply with any of its/their obligations under this Agreement, and shall include,
among others, acts of war or the public enemy (whether declared or not), fire,
earthquake, flood, typhoons, public disorders, sabotage, rebellion, revolution, civil
commotion, strikes, lockouts, boycotts or other industrial or labor disputes, acts,
orders and rulings of Government, whether national or local, or any of its agencies
and instrumentality, which may adversely affect the performance of the respective
obligations or the exercise of the respective rights of the Parties, and which could
not be attributed to the fault, negligence and participation of the Party/ies and/or
their respective agents/employees, or any other cause or causes, whether similar or
dissimilar to the foregoing, which are beyond the reasonable control of the
Party/ies.
In cases of Force Majeure/fortuitous events and/or when public interest/welfare so
demands, the FIRST and THIRD PARTY shall have the right and authority to
suspend the implementation of this Agreement or any portion hereof without
incurring any liability therefore to the SECOND PARTY and without being deemed
to be in breach of this Understanding, upon giving reasonable notice thereof to the
SECOND PARTY. Once the event of Force Majeure or fortuitous event has already
ceased, the FIRST and THIRD PARTYs duly-authorized representative shall
immediately notify the SECOND PARTY of said event of Force Majeure, and the
Parties shall evaluate whether to continue implementation of the terms of this
Memorandum of Understanding.
5.5 Authority of Signatories. The signatories hereunder represent and warrant that all
necessary corporate and other approvals for the execution of this Agreement by the
Parties, respectively, have been duly obtained.
5.6 Non-Assignability. This Memorandum of Understanding shall not be assigned by
either Party, in whole or in part, without the other Partys prior written consent.
Any assignment in contravention of this provision shall be null and void.
5.7 Restrictions on Use and Transfer of STARBOOKS or the DOST Science Digital
Library Kiosk. The SECOND PARTY is the owner of the design and contents of
the DOST Digital Science Library Kiosk.
The FIRST AND THIRD PARTIES SHOULD NOT COPY, MODIFY,
DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, MERGE, OR
TRANSFER THE DESIGN AND CONTENTS OF THE DOST DIGITAL
SCIENCE LIBRARY KIOSK IN WHOLE OR IN PART. Neither it be distributed
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Administrativ
e,
DOSTSTII
Bukidnon,
RO X
DOST RO-X
City
Administrato
r
Chief,
Finance and
Provincial
Director of
City

Mayor

Director,
STIII-DOST
Regional
Director
HERCULAN
O
S.
RONOLO
ARLENE E.
CENTENO
VIRGILIO
M.FUERTAS
IGNACIO W.
ZUBIRI
signed in the
presence of:
RAYMUND
E. LIBORO
By:
ALFONSO
P.
ALAMBAN

Administrativ
e,
DOSTSTII

to others or transferred electronically from one computer to another over a network


or used on any multi-terminal computer system.

Bukidnon,
RO X

STARBOOKS stickers will be strategically placed on the server of the kiosk for
security purposes. In case of server failure or other technical problems, the FIRST
& SECOND PARTY shall be notified and if necessary, present during repair and
troubleshooting activities, in cases when server failure or technical problems are
beyond THIRD PARTYS ability to repair and troubleshoot.
IF THE FIRST AND THIRD PARTY TRANSFER POSSESSION OF ANY
COPY, MODIFICATION, OR MERGED PORTION OF THE DESIGN AND
CONTENTS OF THE KIOSK TO ANOTHER PARTY, OR SERVER STICKERS
WILL BE TAMPERED, THIS AGREEMENT IS AUTOMATICALLY
TERMINATED FOLLOWING THE PRINCIPLES OF DUE PROCESS.
5.8 Promotion of STARBOOKS. The FIRST and THIRD PARTY shall assist in the
promotion of STARBOOKS.
5.9 Notices. All notices and communications which may be given to either of the
Parties hereunder, shall be in writing, addressed and deemed properly given if sent
by registered mail with return receipt, postage prepaid to the signatories and
addresses specified in the first page of this Agreement, or to such other address/es
as maybe designated by the Party/ies in subsequent written notice/s.
5.10 Non-waiver. The failure of one Party to insist upon the strict performance of any
term, condition and/or covenant hereof shall not be deemed a relinquishment or
waiver of any subsequent breach of or non-compliance with the same or any other
term, condition and/or covenant hereof. No waiver by any one Party of its rights
under this Agreement shall be deemed to have been made unless expressed clearly
and in writing and signed by said Party.
5.11 Governing Law. This Agreement shall be interpreted, governed and enforced in
accordance with the laws of the Republic of the Philippines.
5.12 Amicable Settlement. The Parties agree that in the event any dispute of difference
arising out of this Agreement or in the interpretation of any of the provisions
hereof, the respective signatories of the Parties shall promptly meet to resolve
such dispute or difference and the joint decision of such signatories shall be
binding upon the Parties hereto.
5.13 Entire Agreement and Amendments. This Agreement and any other provisions or
terms specifically incorporated herein constitute the entire agreement of the
Parties. This Agreement may be amended only by an instrument in writing signed
by all the Parties. The terms, provisions and covenants of any such amendment/s
shall inure to the benefit of and be binding upon the Parties hereto, their successors
and assigns.
Page 5 of 7

DOST RO-X
City
Administrato
r
Chief,
Finance and
Provincial
Director of
City

Mayor

Director,
STIII-DOST
Regional
Director
HERCULAN
O
S.
RONOLO
ARLENE E.
CENTENO
VIRGILIO
M.FUERTAS
IGNACIO W.
ZUBIRI
signed in the
presence of:
RAYMUND
E. LIBORO
By:
ALFONSO
P.
ALAMBAN

5.14 Effectivity. This Agreement shall take effect upon its execution by the Parties.
IN WITNESS WHEREOF, the parties hereto have executed this instrument to be effective the
day and year first-above written.
FOR DOST REGIONAL OFFICE NO. X

FOR THE SCIENCE AND


TECHNOLOGY INFORMATION
INSTITUTE

ALFONSO P. ALAMBAN
Regional Director
DOST RO-X

MR. RAYMUND E. LIBORO


Director, STII-DOST

LOCAL GOVERNMENT OF MALAYBALAY CITY

HON. IGNACIO W. ZUBIRI


City Mayor

Signed in the presence of:

VIRGILIO M. FUERTES
Provincial Director of Bukidnon
DOST, RO-X

MS. ARLENE E. CENTENO


Chief, Finance and Administrative
Division, DOST-STII

HERCULANO S. RONOLO
City Administrator
ACKNOWLEDGEMENT
Republic of the Philippines )
____________________ City)
BEFORE ME, a Notary Public for and in ___________________________, appeared:
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Name

Government Issued ID

ID Number

Date Issued

DIR. ALFONSO P. ALAMBAN

DIR. RAYMUND E. LIBORO


HON. IGNACIO W. ZUBIRI

LGU-Malaybalay

10-001

All known to me to be that same persons who executed and signed all the pages of the
foregoing instrument together with their witnesses. This agreement consists of seven (7)
pages including this page where the Acknowledgment is written, and the parties thereto
acknowledged to me that the same is their own free and voluntary act and deed and that of the
entities which they respectively represent.
In WITNESS WHEREOF, I have set my hand and seal this ___day of __________2014 in
_________________, Philippines.

Doc. No _________
Page No _________
Book No _________
Series of 2014

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