MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (herein referred as Agreement) is made and executed by and
between:

The DEPARTMENT OF EDUCATION (DepEd), MATICA-A ELEMENTARY SCHOOL, (DepEd) an agency

of the national government of the Republic of the Philippines, with address at Brgy. Matica-a, Ormoc City, Leyte,
Philippines, represented by its School Head, HAIDEE D. APUYA, herein after referred to as the FIRST PARTY:

-and-

LEODIGARIO L. TAJOR, of legal age, and a resident of Brgy. Matica-a, Ormoc City, Philippines,
hereinafter referred to as the SECOND PARTY:

WITNESSETH, THAT:

WHEREAS,the FIRST PARTY desires to engage the sevices of a Night Guard who is a resident of Brgy.
Matica-a, Ormoc City, for purpose of protecting and guarding the facilities, officers, properties, assets and other
interest of MATICA-A ELEMENTARY SCHOOL located at the above-mentioned address, against theft, pilferage,
robbery, damage of loss , malicious mischief, trespass and unlawful entry through harassment,force,
intimidation, threat, strategy or stealth, assault, arson, and other unlawful and destructive acts by strangers or
third persons in and around the school premises/vicinity/area;

WHEREAS, the SECOND PARTY is a Night Guard and has the necessary expertise and skill fo perform
such services and offered to guard and protect the same;

NOW THEREFORE,in view of the foregoing premises, and of the mutual agreements and stipulations
hereinafter set forth, the FIRST PARTY engages the SECOND PARTY to provide security services under the
following terms and conditions”

I.

TERM OR DURATION OF THE AGREEMENT

The Term or duration of the Agreement shall be for a period of ONE (1) YEAR, Starting January 1, 2019
to December, 2019, unless sooner terminated by the PARTIES, and shall be renewable upon the agreement of
the parties.

II.

MANNER OF PAYMENT

The FIRST PARTY shall pay the SECOND PARTY promptly, upon receipt of the MOOE for the month
payable, in the amount of P3,000.00) monthly.

III.
OBLIGATIONS AND RIGHTS OF THE FIRST PARTY

The FIRST PARTY shall provide a logbook to be used for recording people and events affecting security
matters and said Night Guard shall maintain proper record thereof;

The FIRST PARTY shall have the right to monitor the assigned night guard on duty to determine
compliance with the terms of this Agreement;
The FIRST PARTY reserves the right to change, replace and/or substitute the SECOND PARTY upon
unsatisfactory performance of work or for the other causes as may be provided by the law;
 IV.
OBLIGATIONS AND UNDERTAKING OF THE SECOND PARTY

The SECOND PARTY shall be responsible of protecting and guarding the facilities, offices, properties,
assets and other interest of MATICA-A ELEMENTARY SCHOOL located at the above-mentioned address, against
theft, pilferage, robbery, damage or loss,malicious mischief, trespass and unlawful entry through harassment,
force, intimidation, threat, strategy or stealth, assault, arson, and other unlawful and destructive acts by
strangers or third persons in and around the school premises/vicinity/area;

The SECOND PARTY shall report to the school every day, MONDAY to SUNDAY, including HOLIDAYS,
from 6:00 P.M. to 6:00 A.M. of the following day. The SECOND PARTY shall check inside and around the school
premises every three (3) hours and record circumstances therein;

The SECOND PARTY is strictly prohibited from sub-contracting, assigning or otherwise transferring
in any manner whatsoever any rights and interests under this contract nor the performance of any of SECOND
PARTY’s obligations herein under, without prior written consent/approval of FIRST PARTY attempt by SECOND
PARTY to assign this Agreement or any rights duties or obligations arising hereunder shall be void and of no
effect;

The SECOND PARTY shall ensure that he maintain perfect discipline and behavior and he shall not
in any manner cause any interference, annoyance, nuisance to the management of the FIRST PARTY or its
business or work or its officials, employees, personnel;

The SECOND PARTY must ensure that he is free of vices like drinking, gambling and other bad
habits detrimental to his work performance;

The SECOND PARTY shall submit monthly Performance Work Accomplishment Report/Narrative
Report, Daily Time Record (DTR/Form 48) duly signed by the School Head, Billing and Acknowledgement Receipt;

Failure on the part of the SECOND PARTY to comply with any or all of the foregoing requirements
or any misrepresentation in this regard shall be a ground for termination of the Agreement;

In the event that the SECOND PARTY to comply with any or all of the foregoing requirements or any
misrepresentation in this regard shall be a ground for termination of this Agreement;

In the event that the SECOND PARTY’S services are terminated hereof , or upon expiration of the
term of this Agreement, the SECOND PARTY shall return to the FIRST PARTY copy of all reports, documents and
other work performed under this Agreement and upon receipt hereof, the FIRST PARTY shall pay the SECOND
PARTY FOR SERVICES performed;

V.

NO EMPLOYER-EMPLOYEE RELATIONSHIP

It is understood that this contract does not create an employee-employer relationship between the
FIRST PARTY and the SECOND PARTY that the services rendered hereunder are not considered and will not be
accredited as government services and the SECOND PARTY is not entitled to benefits and privileges enjoyed and
applicable to an officer, employee or agent of the FIRST PARTY;

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 VI.
LOSS OR DAMAGE

FIRST PARTY shall not be held responsible and liable for any loss, injury or damage of any kind or
nature including death, 9inflicted or caused to SECOND PARTY by a third person, niehter the FIRST PARTY be
held liable to third person whose injury, damage damage or death has been inflicted or caused by the SECOND
PARTY not related to his functions and responsibilities as stated herein;

However, in case the SECOND PARTY causes injury or irreparable damage to the life and property of
the FIRST PARTY, its officials and employees in the vicinity /premises , or its eontinuing presence a threat to the
life and property to the latter due to the SECOND PARTY’s involvement in unlawful and illegal acts, the FIRST
PARTY shall immediately inform/notify the SECOND PARTY of such in writing and this Agreement is deemed
cancelled and/or terminated without waiting for the lapse of fifteen (15) days.

The SECOND PARTY undertakes to pay the FIRST PARTY to any claim , loss, damage occurred, or caused
to FIRST PARTY resulting from any acts, omission, carelessness, negligence or fault employed while on duty;
VII

LIQUIDATE DAMAGES AND LITIGATION EXPENSES

In the event the FIRST PARTY, incurred damages by reason of the negligence and willful misconduct
of the SECOND PARTY, the SECOND PARTY shall also be liable for damages;

VIII

NON-WAIVER OF RIGHTS

The failure of FIRST PARTY to insist upon the strict compliance by the SECOND PARTY, with any of the
terms, conditions and covenants of this Agreement shall not be deemed a relinquishment or waiver of any right
or remedy that FIRST PARTY may exercise, nor shall it be construed as a waiver of any subsequent breach or
default of default of the terms, conditions and covenants hereof which shall continue to remain in full force and
effect. No waiver by the FIRST PARTY of any of its rights hereunder shall be deemed to have been made unless
expressed in writing and signed by FIRST PARTY through its authorized representative.

IX
CONFIDENTIALITY OF INFORMATION

All data, documents, discussions of other information developed or received by or for SECOND
PARTY in performance of this Agreement are confidential and must not be disclosed to any person except as
authorized by FIRST PARTY, or required by law.

X
COMPLETENESS CLAUSE

The PARTIES hereby represent that this entire Agreements made and executed by both PARTIES
herein willingly and voluntarily.

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 This Agreement constitutes the entire agreement between the parties hereto and supersedes all
previous or contemporaneous, discussions, negotiations, agreements or understandings relating thereto, both
written and oral, between the parties hereto with respect to the subject matter hereof and no party hereto rely
on any representations or warranties except those expressly stated herein.

Any of all amendments, revisions, or supplements to this Agreement shall only be effective if the
same shall be executed in writing and signed and attested to by PARTIES.

The PARTIES hereby represent that this entire agreement had been read and/on translated in
Visayan dialect known and understood by them. Should any provision of the Contract be declared by the Court
null and void, the nullity shall not affect the validity of the transaction or any provision herein which shall then
be considered as valid and binding by both PARTIES herein.

IN WITNESS HEREOF , we have hereunto set our hands this 14th day of February, 2019 at Ormoc City
, Leyte, Philippines.

MATICA-A ELEMENTARY SCHOOL LEODIGARIO L. TAJOR

First Party Second Party
By:

HAIDEE D. APUYA
School Head
Signed in the Presence of:

ERLINDA C. DELA CRUZ HON. WILLIAM NUDALO JR.

Teacher /DRRM Coordinator Kagawad- Incharge for Peace & Order

ACKNOWLEDGEMENT
Republic of the Philippines)
Ormoc City )S.S.

BEFORE ME, a Notary Public for and in the City of Ormoc and the Municipalities of
____________________________________________personally appeared the following persons:
Name : Proof of Identification:

HAIDEE D. APUYA DepEd School I.D. No. 0010082

LEODIGARIO L. TAJOR COMELCE, VOTER’S I.D.

All known to me to be the same persons who executed the foregoing instrument known as
Memorandum of Agreement consisting of four (4) pages duly signed by the parties and their instrumental
witnesses at the left margin of each and every page including the page on which this acknowledgement is
written, which instrument was acknowledged to me by the parties herein that the same are their free and
voluntary act and deed of the entities they represent.

WITNESS MY HAND AND SEAL, this____________day of February , 2019 at Ormoc City

Doc.No.:______________;
Page No.:_____________;
Book No.:_____________;
Series of :2019

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