MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESEPRESENTS:

This Memorandum
between:

of Agreement

(the "Agreement")

executed

and entered

into

by and

The PRESIDENTIAL COMMUNICATIONS DEVELOPMENT AND STRATEGIC PLANNING OFFICE, a

government agency under the laws of the Republic of the Philippines, with principal office at
3/F New Executive Building Jose P. Laurel St. Malacafian, Manila, represented herein by
SECRETARYRAMON A. CARANDANG, hereinafter referred to as PCDSPO;
- andPULSE ASIA, INC., a corporation duly organized and existing under Philippine laws, with
principal office at the Philippine Social Science Center, Commonwealth Avenue,
Diliman,
Quezon City represented
herein
by its Chief Research Fellow, ANA MAR lA L. TABUNDA,
hereinafter referred to as "PULSE".

WHEREAS, PULSE is a corporation engaged in monitoring salient Philippine socio-economic,

political and cultural issues and related developments through nationwide surveys;
WHEREAS, PULSE regularly undertakes the Ulat ng Bayan survey which probes the Filipinos'
socio-economic conditions and overall quality of life and gauges public sentiment on issues
affecting the government's programs and policies;
WHEREAS, PCDSPOrequires the assistance of a survey company which provides periodic and
regular monitoring of Filipino perceptions and sentiments that would be useful for the
PCDSPO'Sstrategic planning and forecasting concerns;
WHEREAS, PULSEhas offered to provide the requisite services and manifests further that it has
the capability and resources needed to generate primary survey data on prevailing economic,
social and political conditions;
WHEREAS, PULSEis qualified and agrees to render the professional services aforementioned
a fixed term on a contract basis, and PCDSPOhas accepted the same;
NOW, THEREFORE,for and in consideration
as follows:
I.

for

of the foregoing premises, the parties hereby agree

SCOPEOF WORK

PULSEagrees to render the following services:

a)

PULSEwill monitor and analyze PCDSPO's public awareness and approval ratings for one

(1) survey run.

'"

b)

PCDSPOwill be entitled to one (1) Ulat ng Bayan briefing on the November 2011 survey

run. Said briefing will encompass the general scope of Ulat ng Bayan including ten (10) rider
questions of particular relevance to and to be provided by PCDSPO.
c)
The formulation
of said rider questions may be revised by PULSE guided by
considerations of effective question design. The phraseology of the ten (10) rider questions
shall be subject to approval by PCDSPO.The exclusion of any rider question shall be made only
upon consultation with the PCDSPO, PULSE stating reason/s for such exclusion and the
suggested alternative/s. Upon receipt of duly recorded notice from PULSE of the request for
submission of questions, the PCDSPOmust submit these questions to PULSEwithin fifteen (lS)
days. Failure by PCDSPOto submit its questions within the said period results in forfeiture of
the PCDSPO'sprivilege to have its questions included in the concerned Ulat ng Bayan survey.
e)
PCDSPO will exercise an embargo for a maximum of one (1) year on survey data and
findings directly and immediately related to PCDSPO's rider questions included in said Ulat ng
Bayan survey. During this period, PULSE will not release or publish in any manner the
embargoed survey data or findings without the explicit written consent of PCDSPO. In case of
unauthorized release or publication, PULSE shall be charged ten percent (10%) of the total
Contract Price and other damages as may be warranted under the circumstances. However,
should PCSPOrelease in part or in full, in whatever form or format the embargoed survey data
or findings within this one-year period, PULSEshall immediately be released from the constraint
to publish or to publicly disseminate the same survey data or findings and other information
such as: sponsorship of the module; dates of interviewing; method of obtaining the interviews;
population that was sampled; size and description of the sample; complete wording of the
questions upon which the release was based; and percentages upon which the conclusions
were based. PULSE may then forthwith or at any time of its choice and without any need to
notify PCDSPOor seek PCDSPO'spermission, release in part or in full the concerned survey data
or findings.
I
f)
PCDSPOwill receive an analytical report for the November 2011 Ulat ng Bayan survey
run particularly as these pertain to the ten (10) rider questions commissioned by PCDSPOand a
copy of the survey's set of summary data tables and charts containing the details and
particulars of the survey done.

g)

PCDSPOshall be given access to PCDSPO's historical data and non-embargoed data on

issues relevant to PCDSPOin the PULSEASIA data bank, with costing arrangements based on
actual consumables and computer time used.
h)
PCDSPOshall be entitled to copies of media releases and of all non-embargoed
ASIA research publication, if any, free of charge for the duration of this contract.

PULSE

j)

It is clearly understood that the Ulat ng Bayan survey design, data and report are owned
by PULSE.The Ulat ng Bayan is not exclusive for PCDSPOand PULSE may use the same in any
manner. PCDSPO may not sell any Ulat ng Bayan data, report and/or its attachments or any
portion thereof.

11.

CONTRACT PRICE and MANNER OF PAYMENT

2.01
For and in consideration of the services to be rendered by PULSEas stipulated under the
Terms of Reference, PCDSPO shall pay PULSE the amount of Five Hundred Thousand Pesos
(P500,OOO.OO),inclusive of taxes.

2.02
Payment of the Contract Price shall be made upon presentation of the November 2011
Ulat ng Bayan survey briefing and submission of its corresponding report and set of summary
data tables and charts.
2.03
The scheduled briefing is to be held within Metro Manila. For a provincial briefing,
PCDSPOshall shoulder all applicable out-of-pocket expenses of two (2) PULSE representatives
or such increased number of PULSErepresentatives that PCDSPOrequires to be at the briefing .
. 2.04
section
payable
conduct

Additional briefings beyond the regularly scheduled PCDSPO briefing as provided by

2.03 shall be separately charged an additional Sixty Thousand Pesos (P60,000.00) each,
by PCDSPO at the start of the additional briefing. PULSE reserves the right not to
such additional briefings.

2.05
Additional rider questions, if any, on top of the PCDSPO's ten (10) riders for the
November 2011 survey run shall be separately charged Fifty Thousand Pesos (P50,OOO.00)each,
payable upon presentation of the exclusive briefing and submission of the corresponding
survey report.
2.06
Any change in scope of work or additional informative questions, as enumerated
Article I shall be subject to further agreement between the parties.
Ill.

in

PERIOD OF COMPLETION

3.01
PULSE shall exert its best efforts to complete the survey work contracted for on time,
and provide a survey briefing for PCDSPOand the submission of an Ulat ng Bayan survey report
with its corresponding tables and charts. PULSE shall immediately inform PCDSPO of the
completion of the November 2011 survey results in order to schedule the briefing of PCDSPO
which must be conducted within thirty (30) days from the notice of completion of the survey
given by PULSE. PCDSPO shall notify PULSE within one (1) week from receipt of notice of
completion of three (3) desired possible briefing dates, all of which must be within the said
thirty day period. In the event that CLIENT is unable to schedule a briefing within the said thirty
day period, then PCDSPOis understood to have waived its right to said briefing.
3.02
PULSEmay ask for an extension of the period of completion through a letter to PCDSPO
due to force majeure or circumstances beyond its control and or additional work mutually
agreed upon by both parties.

IV.

PERFORMANCE

SECURITY

4.01
Pursuant to the Revised Implementing Rules of RA 9184 (Government
Reform Act), PULSE will provide
performance
security
in the form
cashiers/manager's
check, bank draft/guarantee
or irrevocable letter of credit
Universal or Commercial in the amount of Twenty-Five Thousand Pesos
representing five percent (5%) of the abovementioned Total Contract Price.
V.

Procurement
of cash or
issued by a
(P25,OOO.00)

MISCELLANEOUS PROVISIONS

5.01
Any questions and or issues raised by the parties pertaining to this Agreement shall be
settled amicably between them before resort to court action is made.
5.02
The parties understand that the U/at ng Bayon report, its attachments, data tables,
charts as well as findings relating to the survey questions are based on a representative,
random survey of at least 1200 respondents nationally conducted by PULSE. As such, PULSE
only warrants that the survey is conducted in accordance with and based on academically

accepted methodologies. PULSEdisclaims any and all other warranties as to the results of the
Ulat ng Bayan report, its attachments, data tables and charts as well as findings relating to the
CLIENT's questions included in the survey.
5.03
Any amendments, alteration or modification of this Agreement shall not be valid and
binding unless and until made in writing and signed by the parties hereto.
5.04

This Agreement shall cover the period November to December 2011.

5.05
This Agreement defines, determines and embodies the entire agreement between the
parties hereto with regard to the subject matter hereof and shall supersede any prior
agreement, arrangement and understanding made by and between them or with third parties.
This agreement may not be changed, amended or modified except by agreement in writing and
signed by the parties hereto.

IN WITNESS WHEREOF, PARTIESHAVE SIGNEo..T~J.S~~({~E~J.N~ON

OF
~-~ :' - ' NOV1 7 2011
, 2011 IN ~UUij.R

wll.

PULSE ASIA, INC.

PRESIDENTIAL COMMUNICATIONS
DEVELOPMENT AND STRATEGIC PLANNING
OFFICE
by:

THIS _"_' _"

PHILIPPINES.

by:

,f,//~
ANA MARIA L. TABUNDA
Chief Research Fellow

Signed in the Presence of:

DAY

ACKNOWLEDGEMENT

Republic of the Philippines

N_O_V_1_7_2_0_11

BEFOREME, a Notary Public this

Name

Community Certificate No.

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RAMaN A. CARANDANG
ANAMARIAL.TABUNDA

2011, personally appeared:

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known to me and to me known to be the same persons who executed the foregbing instrument
and they acknowledged to me that the same is their own free and voluntary act and deed as
well as the free and voluntary act and deed of the entities represented herein.
This instrument consisting of five (5) pages including this page whereon the acknowledgement
clause is written, signed by both parties together with their instrumental witnesses on each and
every page hereof, sealed with my notary seal, refers to a Memorandum

of Agreement.

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

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ATTY.R MEO.

Awointment o. NP"())4(20 20tl)

)1uIIay Public. Que!on City, Until Dec. 31,2011
DOC.NO.~
Page No.
Book No.
Series of 2011.

Rm. 122 AlumniCenter, U.P. Ca~pus

Diliman. Quezon City

Attorney's Roll ~o. 31S59
.
P11l 140.455913901-0311.
Q-!UOll C~
IBP No. 801188 1210-2010Quezon City