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Republic of the Philippines CITY OF SANTA ROSA

Province of Laguna

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OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPT FROM THE MINUTES OF THE 24TH REGULAR SESSION OF SANGGUNIANG PANLUNGSOD OF CITY OF SANTA ROSA, LAGUNA HELD ON MONDAY, JUNE 15, 2015 AT THE SANGGUNIANG PANLUNGSOD SESSION HALL.

Presents:

Absent:

1. Hon. ARNEL DC. GOMEZ 2. Hon. LUISITO B. ALGABRE 3. Hon. MYTHOR C. CENDANA 4. Hon. ERIC T . PUZON 5. Hon. ANTONIA T. LASERNA 6. Hon. PAUUNO Y. CAMACLANG, JR. 7. Hon. PETRONIO C. FACTORIZA 8. Hon. LAUDEMER A. CARTA 9. Hon. EDWARD FERNANDITO S. TIONGCO 10. Hon. RODRIGO B. MALAPITAN

1. Hon. MA. THERESA C. AALA 2. Hon. RAYMOND RYAN F. CARVAJAL

********************

- Vice-Mayor, Presiding Officer - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member, ABC President

- SP Member - SP Member

RESOLUTION NO. 116- 2015 (Motioned by the Committee on Laws and Government)

A RESOLUTION authorizing City Mayor Arlene B. Arclllas to sign the MEMORANDUM OF AGREEMENT (MOA) between the Teach for the Philippines, Inc., The Department of Education, Schools Division Office of Santa Rosa City and the City Government of Santa Rosa, Laguna in relation to the implementation of the K to 12 System.

UNANIMOUSLY APPROVED.

CERTIFICATION:

I hereby certify to the correctness of the above quoted resolution. __ /

CYNTHIJtJ/. GOMEZ Secretary to t tlk Sang. Panlungsod

Certified Correct:

ARNEL DHoMEZ City Vice-Mayor

p,~ C .;;:2.. JaJ-

5/F City Government Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel. No. (049)530-0015 Local 5100-5104

''Serbisyong Makatao, Lungsod na Makabago"

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MEMORANDUM OF AGREEMENT

This Memorandum of Agreement CU Agreement'~) is entered into this _ day of __ , 2015 in the City of Republic of the Philippines, by and between:

TEACH FOR THE PHILIPPINES, INC. is a non-stock, non-profit corporation organized and existing under the laws of the Republic of the Philippines, with address at Unit 201, Asia Tower Condominium Benavidez corner Paseo de Roxas Sts., Legaspi Village, Makati City represented herein by its Chief Executive Officer, Oarissa Isabelle L. Delgado, hereinafter referred to as "TFP'';

and

The DEPARTMENT OF EDUCATION, SCHOOLS DIVISION OFFICE OF STA. ROSA CITY of the Republic of the Philippines with address at 2nd Fir. Leon C. Arcillas Memorial Building, Brgy. Market Area, 4026 Santa Rosa, Laguna represented herein by its Schools Division Superintendent, Dr. Hereberto Jose D. Miranda, hereinafter referred to as "DepEd-Sta. Rosa";

and

The CITY GOVERNMENT OF SANTA ROSA of the Republic of the Philippines with address at Sta. Rosa City Hall Complex, Rizal Boulevard, Sta. Rosa, Laguna, represented herein by its mayor, Honorable Arlene B. Arcillas, hereinafter referred to as "LGU."

\.'Vitri.esseth, That

WHEREAS, TFP is driven by the vision that all Filipino children should have access to an excellent and relevant education that realizes his possibilities and opportunities, as espoused by the national education agenda;

\.'VHEREAS, TFP seeks to enhance the social well-being of the people by bridging the education gap in the Philippines and advocating functional literacy and progressive ·teacher and administrator training;

\.'VHEREAS, the initiative is designed to recruit, select, train and provide on-going professional development to young individuals committed to closing the achievement gap by serving as Fellows who will teach students in under-resourced public elementary schools.

WHEREAS, DepEd-Sta. Rosa and LGU recognize the nature of high-need public schools and welcome the implementation of the Teach for the Philippines Program (the "Program") for the period SY 2015-2016 and SY 2016-2017 which will: (1) provide Fellows in Philippine public schools in Sta. Rosa; (2) continue the program in which education and non- · education majors are trained to become successful and transformational teachers; (3) aid in the implementation of the K to 12' s early stages over the periods of · SY 2015-2016 and SY 2016-2017; and (4) help in the research and development for future education policies based on scientific evidence.

NOW, THEREFORE, in consideration of the foregoing and the mutual undertakings hereinafter set forth, the parties hereby agree as follows:

••

ARTICLE I Responsibilities pf TEACH FOR THE PHILIPPINES, Inc.

A. Candidate Recruitment and Selection - TFP shall recruit and select individuals from a wide range of academic majors, career fields and diverse backgrounds to participate in the Program, and who will serve as Fellows in the Partner Schools in Sta. Rosa (Please refer to Appendix A for the list of schools). In the recruitment and selection of its Fellows, TFP shall not knowingly engage in any unlawful acts of discrimination.

For purposes of this Agreement, a "Fellow'' is a graduate from a top university, within the Philippines or abroad, who has passed the rigorous selection process conducted by TFP for participation in the Program and who shall not be covered by the provisions of Republic Act No. 4670, otherwise known as the "Magna Carta for Public School Teachers." A Fellow shall be assigned to teach in a class or a grade level under the supervision of a teacher, such assignment shall be predetermined and agreed upon by TFP and the DepEd-Sta. Rosa, and shall_likewise be under the supervision and control of the school principal.

TFP shall employ reasonable efforts to provide the number of Fellows required by the LGU and/ or the DepEd-Sta. Rosa; Provided, that, the failure of TFP to provide all of the required number of Fellows for any school year shall not constitute a breach of this Agreement.

B. Pre-Service Training or Summer Training Institute- Before their two-year deployment, all · Fellows shall undergo rigorous pre-service training to be provided by TFP in close coordination with the Deparbnent of Education Head Office (DepEd) prior to their assignment to a Partner School to ensure that each participant is highly qualified and equipped to serve as a Fellow.

Fellows ate expected to attend continuing training sessions by TFP during the 2-month summer period between the two school years (SY 2015-2016 and SY 2016-2017). They will also carry out their function as teachers in the school during this period, as prescribed by their respective school principals.

C. Allawance of Fellaws. - All Fellows shall receive an allowance during his or her placement in a Partner School including the period between the two school years, without prejudice to the extension of such placement upon the agreement of TFP and the LGU, or the LGU and the individual fellow.

D, In-servic::e Professfonal Development. - In dose coordination with DepEd CE.mtral OffiGe and DepEd-Sta. Rosa, TFP shall provide the Fellows with various in-service professional development services and activities, including classroom observation by regional program staff, videotaping of instruction with a review of teaching techniques, discussions to facilitate capacity for self-reflection and evaluation of instructional practice using student achievement data, and workshops facilitated by veteran teachers.

E. Access to Teacher Resources. - TFP shall provide all Fellows with access to an assortment of resources including sample lesson plans, assessments, grade tracking systems and instructional materials.

F. Provide Feedback on K to 12 Implementation. - zyp shall work closely with the DepEd and DepEd-Sta. Rosa in the early period of implementation of the K to 12 curriculum.

G. Partnerships - In an effort to engage the Partner School comm:iifiity, TFP Will propose

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activities in coordination with partner individuals and institutions, subject to the endorsement of the school principal.

H. Liquidation Documents - TFP shall be responsible for liquidating all public f@ds donated by the LGU to TFP. At the end of each tranche period, TFP shall submit the following documentary requirements to the LGU:

•Certified true copy of the signed Memorandum of Agreement; •Liquidation Report and other supporting documents indicating that Fellows, master

trainers, and representatives of involved training institutions have received the fund given their status as beneficiaries;

• Bank Statement fro:rn the reputable financial institution that maintains the account of TFP. The Bank Report must indicate disbursement of the fund to the beneficiaries for that :period;

•Pictures of Fellows teaching in their respective placement schools and master trainers conducting programs for the Fellows;

•Certificate of Rendered Service indicating that the Fellows have completed their teaching load for the given period as acknowledged by the Schools Division Superintendent of Sta. Rosa;

•Attendance Record of the Fellows showing their presence in their placement schools as acknowledged by the Principal or any staff member of the school;

Said documentary requirements for liquidation shall be submitted to the LGU within ninety (90) working days after the release of the funds to TFP.

I. Checking Account - TFP shall maintain a separate checking account for the funds received from the LGU.

J. Return of Unutilized Fund - TFP shall rerum to the LGU any unutilized amount from the funds donated for the Program within ninety (90) days from the end of the Program, including interest earned, if any.

ARTICLE II Responsibilities of DepEd-Sta. Rosa

A. Selection of Schools. - The DepEd-Sta. Rosa, in collaboration with TFP, shall select and designate the public elementary schools in Sta. Rosa, or the 0 Partner Schools," where the participants recruited and selected by TFP will be placed as Fellows. A Partner has at least two (2) t@ac;hing pt>sitiQns in the grade level whiGl\. as detennin~d by too parties, will necessitate the placement of at least two (2) Fellows in the same school year.

B. Commitment to Place Fellaws - The DepEd-Sta. Rosa shall consider all Fellows presented, recruited£ and selected by TFP for placement in the designated Partner Schools subject to the provisions of Article LA of this Agreement.

D. Notice of Placement. - TFP and the DepEd-Sta. Rosa shall agree on the placement of the Fellows no later than three ill months before the start of the Summer Training Institute.

E. Placement Period. :e: Each Fellow shall be placed in the designated Partner School for two (2) school years, without prejudice to the extension of such placement upon the agreement of TFP and the LGU, or the LGU and the individual fellow, and shall teach for a maximum of six (6) hours a day urider the supervision of the principal of the Partner School to which the Fellow is assigned.

The DepEd-Sta. Rosa shall ensure that a Fellow assigned to a Partner School for the

I ' ' -,,,-..

duration of the Program shall not be relieved of his or her posi~on notwithstanding the removal or reassignment of the principal assigned in the Partner School.

During the placement period, the DepEd, DepEd-Sta. Rosa, and/ or LGU shall not burden the Fellows with duties and responsibilities that are not contemplated by this Agreement, such as but not limited to duties relating to national and/ or local elections and partisan events.

The principals of the Partner Schools shall have direct control and supervision over the Fellows assigned to his or her school. DepEd-Sta. Rosa may allow "mentors and master trainers" from TFP to visit the Partner Schools two (2) to three (3) times a month to monitor the Fellow inside his or her classroom and assess the support needed by the Fellow to enable said Fellow to create an interactive classroom where critical and analytical and thinking skills can be developed.

F. Monitoring & Evaluation. The DepEd~Sta. Rosa may allow the conduct of the following assessments:

1. 2015: Baseline Assessment 2. 2016: Mid-term Assessment 3. For the duration of the Program: School Visits, up to twice a month 4. 2017: End-term Assessment

In the event that the placement of a Fellow is extended upon agreement of TFP and the LGU, the conduct of the assessment for the following period shall follow the schedule provided in this paragraph.

ARTICLE III Responsibilities of LGU

A. Selection of Schoo!s. "" The LGU, in collaboration with the DepEd-Sta. Rosa and TFP, shall select and designate the public elementary schools Partner Schools as defined in Article II.A of this Agreement where the participants recruited and selected by TFP will be placed as Fellows.

B. Commitment to Place Fellows - The LGU shall consider all Fellows presented, recruited£ and selected by TFP for placement in the designated Partner Schools subject to the provisions of Article I.A of this Agreement

The LGU may allow TFP 11mentors and master trainers" to visit the Partner Schools two (2) to three (3) times a month as stated in Article II.E of this Agreement.

C. Allowance and Cost of Training o[Fellows. - The LGU shall provide for the allowance of the Fellows through the Special Education Fund of the City School Board to TFP but which allowance shall be received by the Fellows during placement in the Partner School including the period between the two school years.

The LGU shall directly release to TFP in the form of a check payable to the latter the allowance of the Fellows as indicated in the schedule below. TFP shall liquidate the funds it receives in accordance with appropriate government accounting and auditing laws, rules and regulations and in such formalities as may be required by law. (Please refer to Appendix B for the breakdown of the budget proposal.)

The release of the funds under this Article shall be on the following dates:

June 2015 - in the amount of Four Hundred Seventy Three Thousand Four Hundred Forty

' \ ,,-.

Seve~ Pesos (Php 473,447);

December 2015 - in the amount of Three Hundred Sixteen Thousand Eight Hundred Three Pesos (Php 316,803);

June 2016 - in the amount of Four Hundred Ninety Four Thousand Eight Hundred Twenty One Pesos (Php 494,821);

December 2016 - irt the amotmt of Three Hllfldred Thirty Eight Thousand Orte Hundred Seventy Seven Pesos (Php 338,177);

Under this Agreement, the LGU shall release a total amount 6f One Million Six Hundred Twenty Three Thousand Two Hundred Forty Eight Pesos (Php 1,623,248) to be released throughout SY 20i5 - 2016 and SY 2016 - 2017 and liquidated by TFP quarterly.

Considering that the foregoing allocation is an outright expense, the LGU hereby affirms that funds are available and are, or will be, duly appropriated to TFP.

E. Notice of Placement. - The LGU shall agree with the other parties on the placement of the Fellows not later than three (3) months before the start of the Summer Training Institute.

F. Placement Period. - Pursuant to Article II.E of this Agreement, each Fellow shall be placed in the designated Partner School for at least two (2) school years, without prejudice to the extension of such placement upon the agreement of TFP and the LGU, or the LGU and the individual Fellow, and shall teach for a maximum of six (6) hours a day under the supervision of the principal of the Partner School to which the Fellow is assigned.

During the placement period, the DepEd Central Office, DepEd-Sta. Rosa, and/ or LGU shall not burden the Fellows with duties and responsibilities that are not contemplated by this Agreement such as but not limited to duties relating to national and/ or local elections and partisan events.

G. Additional Responsibilities of the LGU .... The LGU shall accomplish the following to facilitate the proper disbursement and utilization of funds, to wit:

1. Upon submission of the requirements, provide necessary certification from the concerned office, department, or committee accrediting TFP as a legitimate non-profit, non-governmental organization authorized to operate in Sta. Rosa and transact with the LGU and it6 agencies or instrumentalitiesi

2. Upon compliance with the process pursuant to law, provide an official document identifying the Program as a priority project, approving the monetary allocation granted to TFP, and authorizing TFP to receive fun.ds therefor; 3. At the discretion of the LGU, conduct periodic evaluation and inspection in the

training facility and Partner Schools during the following periods, to wit •June 2015 •November 2015 •June 2016 •November 2016 •March2017

H. Monitoring & Evaluation. The LGU may allow the conduct of the following assessments: 1. 2015: Baseline Assessment - · 2. 2016: Mid-term Assessment 3. For the duration of the Program: School Visits, up to twice a month 4. 2017: End-term Assessment

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ARTICLE IV LEGAL ACTION

TFP· shall not be held liable for the independent acts or omissions of the designated Fellow, unless such act or omission was done with the written consent of TFP. Each Party shall be liable for its negligent acts.

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or for any breach, termination, or invalidity thereof, the Parties are mandated to settle the same through mediation. If ri.o settlement is arrived at after the earnest mediation participated by all Parties, the venue of judieial preeeedings shall be in the proper eourts of Santa Rosa to the exclusion of all other venues.

ARTICLEV DISSOLUTION OF THE NGO

In case of the dissolution of TFP, the LGU shall have a lien on TFP's assets to the extent of the unexpended or unutilized portion of the fund.

ARTICLE VI GENERAL PROVISIONS

A. Fees-for-Service. - The LGU shall allocate the budget for a portion of the cost of the Program in the amount of One Million Six Hundred Twenty Three Thousand Two Hundred Forty Eight Pesos (Php 1,623~248) which covers the two school years of the agreement

B. Drop=outs. In the event a Fellow fails to finish the placement period due to any reason (health or otherwise}, TFP shall immediately inform thereof in writing the DepEd-Sta. Rosa, through the Office of the Schools Division Superintendent.

C. Term. The term of this Agreement covers in full the batch of Fellows for SY2015-2016 and SY 2:016-2:017; including the 2:-month summer; subject to provisions of Article Il. E of this

· Agreement.

ARTICLE VII TERMINATION

This Agreement.may be terminated as follows:

i. At any time by mutual written agreement of the parties;

ii. By any party, upon thirty (30) days' prior· written notice to the non-terminating parties; Provided, that the terminating party provides said notice thirty (30) days prior to the end of

' . the current academic year; or

iii. By any party upon written notice to the non-terminating parties in the event of a material breach of this Agreement that is incapable of being cured or, if capable of being cured, is not cured within thirty (30) days following receipt by the breaching party of written notice of such breach from the non-breaching or parties.

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ARTICLE VIII ASSIGNMENT

........

This Agreement may not be assigned by a party without the written consent of all the other parties.

ARTICLE IX GOVERNING LAW

The validity, construction, and performance of this Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

ARTICLEX SEVERABILITY

If any provision 6f the Agreement shall be held invalid or contrary to law, the validity of the other terms and conditions hereof shall not be affected thereby and shall continue to be in full force and effect. However; should the severance alter the basic nature of this Agreement or is contrary to public policy, the entire Agreement will be rendered invalid. ·

ARTICLE XI WAIVER

The failure of any party to insist on a strict performance of any of the terms and covenants hereof shall not be considered a relinquishment or waiver of any rights or remedies pertinent thereto, nor shall the same be considered as a waiver or condonation of any subsequent breach or default of the terms and covenants hereot all of which shall

. continue to be in full force and effect. No waiver, express or implied, by any of the parties of any of their respective rights or remedies hereunder shall be deemed to have been made, and no evidence thereof shall be admissible unless such waiver is expressed in a written instrument duly signed ·by the party waiving any such rights or remedies.

ARTICLE XII ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and cancels, supersedes or otherwise nullifies any prior oral or written understandings and agreements with respect hereto.

ARTICLE XIII MODIFICATIONS

Any and all amendments and modifications to this Agreement shall be in writing and signed by all the parties hereto.

ARTICLE XIV FORCE MAJEURE

No party shall be liable to the other party for any loss, injury, delay, damages or other casualty suffered or incurred by the other party due to strikes, riots, storms, fires, explosions, acts of God, war; coup d'etat, action of any government or any other cause beyond the reasonable control of the party (each, a Force Majeure Event), and any failure or delay by any

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party in performing any of its obligations under this Agreement due to a Force Majeure Event · shall not be considered a breach of this Agreement. The party suffering such Force Majeure Event shall notify the other party in writing promptly after the occurrence of such Force Majeure Event and shall, to the extent reasonable and lawful, use its best efforts to remove or remedy the Farce Majeure Event.

ARTICLE XV NO STRICT CONSTRUCTION

The parties acknowledge that they have agreed amongst each other in good faith and at arms length With respect to the terms, conditions and provisions hereof, that each party has determined for himself or herself that this Agreement is fair and reasonable, and that the words and phrases in this Agreement express the true intentions of all the parties so that no rule of strict construction should be applied when interpreting and construing this

Agreement.

ARTICLE XVI NOTICES

Any notice or other communication which is required or permitted hereunder shall be in writing and shall be delivered to the address of such Party as set forth below:

ToTFP: Teach for the Philippines, Inc. Unit 201 Asia Tower Condominium Benavidez corner Paseo de Roxas Sts. Legaspi Village, Makati City 1229 Attention: Ms. Clarissa Isabelle L. Delgado, CEO

To the DepEd-£ta. Rosa: Department of Education - Division of Sta. Rosa 2nd Fir. Leon C..Arcillas Memorial Building Brgy.Market.Area,4026 Santa Rosa, Laguna Attention: Dr. Hereberto Jose D. Miranda, Schools Division Superintendent

TotheLGU: City Government of Santa Rosa Sta. Rosa City Hall Complex Rizal Boulevard Sta. Rosa, Laguna Attention: Hon. Arlene B. Arcillas, City Mayor

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IN WITNESS WHEREOF, the parties have hereunto put-their hands in the place and on the date first above-written.

TEACH FOR THE PHILIPPINES, INC.

By:

DEPARTMENT OF EDUCATION

By:

CLARISSA ISABELLE DELGADO CEO

HEREBERTO JOSE D. MIRANDA, CESO VJ. Schools Division Superintendent Seheels Divisien ef Sta. Resa City

CITY GOVERNMENT OF SANTA ROSA

By:

ELIZABETH E. ZOBEL Chairman Teach for the Philippines, Inc.

HON. ARLENE B. ARCILLAS City Mayor

Signed in the presence of:

WITNESSES

DIOSDADO M. SAN ANTONIO, CESO IV Director IV DepEd Region IV-A

MARGARITA L. DELGADO Vice Chairman

Teach for the Philippines, Inc.

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ACKNOWLEDGMENT

Republic of the Philippines ) City of Sta. Rosa ) S.S.

Before me, a notary public, for and in the City of this _ _ day of May __ 2015, personally appeared· the following:

Name

Clarissa Isabelle L. Delgado Dr. Hereberto Jose D. Miranda Hon. Arlene B. Arcillas

Drivet"'s License/Date/Place/CTC No./SSS ID

Both known to me and to me known to be the same persons who executed the foregoing instrument and they acknowledged to me that the same is their voluntary act and deed and that of the respective corporation they represent.

Witness my hand and seal on the date and place first above written.

Doc No. - --PageNo. __ _ Book No. __ _ .Series of 2015.

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APPENDIX A

LIBTOFPARTNERSCHOOLSFORPLACEMENT

Proposed Lisf of Sdiools SY 2015-2016, 2016-2017

Name of School Address

Southville 4 Cain.gin Southville4, Brgy. Caingin, Elementary School City of Santa Rosa

Principal

Mr. Sammy M. Empleo

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APPENDIXB

BREAKDOWN OF THE BUDGET

APPffJOtXR

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nd_: :::at \·e ,Cos~ !or { tv_Statu~_ry ~e~-~·:ts. . ~<.-~ .... ...:-~

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Total C~t Slrar~ng by !ea~~ _for the P'hil1:f-!?._ines

Ter._~t:_f:ot rf:<t: Ph~lipp.ir_t_f!S f!1Ii 'ty Jl?r.ic:iP:Gt~oo _iry P1!icen:e_f!.t

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Pht> S:11.E.l~

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June 2016 - Max_ 201:1· f''t1p ~ {, :::99

1_.5-'.:D

195!1:/ ' 12. :

F i·,p 135.lE?f' : '.'. ,.:::.99

i= J-,~ ~5~-~= ::-

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