A RESOLUTION AUTHORIZING THE CITY MAYOR, HON. ALLAN L. RELLON, DPA, PhD, TO SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM A MEMORANDUM OF AGREEMENT (MOA) WITH THE DEPARTMENT OF AGRICULTURE REGIONAL OFFICE XI FOR STEEL TANK WITH TAPSTAND AND PE PIPES.

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. 677, s-2017

 

A RESOLUTION AUTHORIZING THE CITY MAYOR, HON. ALLAN L. RELLON, DPA, PhD, TO SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM A MEMORANDUM OF AGREEMENT (MOA) WITH THE DEPARTMENT OF AGRICULTURE REGIONAL OFFICE XI FOR STEEL TANK WITH TAPSTAND AND PE PIPES.

 

WHEREAS, in a letter dated August 30, 2017 addressed to the Honorable Members of the Sanggunian, through Hon. Geterito T. Gementiza, MDMG, City Vice Mayor, and duly received by the office of the Secretary to the Sanggunian on August 31, 2017, the City Mayor, Hon. Allan L. Rellon, DPA, PhD, forwarded the draft Memorandum of Agreement (MOA) between the City Government of Tagum and  Department of Agriculture Regional Office XI for Steel Tank with Tapstand and PE Pipe Project, accordingly reviewed by the city Legal Officer, for appropriate action;

WHEREAS, said draft Memorandum of Agreement was referred to the Committee of Agriculture and Food and Committee on Laws, Rules, and Privileges for review and recommendation;

WHEREAS, RA 8435 otherwise known as Agricultural and Fisheries Modernization Act or AFMA aims to strengthen the Agriculture and Fishery Sector through modernization, greater participation among the Local Government Units, farmers and fisherfolks, a non-government organization, and people empowerment;

WHEREAS, The Department of Agriculture is the principal government agency mandated to develop the agriculture and fisheries in the country through the provision of adequate and appropriate services;

WHEREAS, The LGU-Tagum City has signified its intent to receive Steel Tank with Tapstand and PE Pipes with estimated project allocation from DA RFO XI amounting to One Hundred Fourteen Thousand Eight Hundred Seventy Two Pesos and Fifty Centavos (Php 114,872,50);

WHEREAS, the committee thoroughly discussed and deliberated on the merits of the said draft of Memorandum of Agreement and per Committee Meeting Report No. 7, S-2017 , dated September 6, 2017, finally recommended to support the same for being in order and within the bounds of law;

 

NOW THEREFORE, BE IT RESOLVED by the 7th City Council of Tagum City to authorize Hon. Allan L. Rellon, DPA, PhD, to sign for and in behalf of the City Government of Tagum a Memorandum of Agreement (MOA) with The Department of Agriculture Regional Office XI for steel tank with Tapstand and PE Pipes.

 

RESOLVED FURTHER, that the full text of the Memorandum of Agreement (MOA) shall be read as follows;

 

MEMORANDUM OF AGREEMENT
for the STEEL TANK WITH TAPSTAND AND PE PIPE
located at Energy Park, Apokon, Tagum City, Davao del Norte
funded under High Value Crops Development Program CY 2016

KNOW ALL MEN BY THESE PRESENTS:

This agreement made and entered into by and between:

The DEPARTMENT OF AGRICULTURE through its  REGIONAL FIELD OFFICE XI, a government agency created and existing under the Republic of the Philippines with the office address at F. Bangoy St., Davao City, represented by its OIC-Regional Executive Director RICARDO M. OÑATE, JR. hereinafter referred to as “DA RFO XI”;

and

            The LGU TAGUM CITY a local government unit existing under the Philippine Law  with office address at JV Ayala Avenue, Apokon, Tagum City represented by its City Mayor HON. ALLAN L. RELLON, hereinafter referred to as “LGU”.

 

WITNESSETH

Whereas, RA 8435 otherwise known as AGRICULTURE AND FISHERIES MODERNIZATION ACT or AFMA aims to strengthen the Agriculture and Fishery sector through modernization, greater participation among the Local Government Units (LGUs), farmers and fisherfolks, non-government organizations, and people empowerment;

Whereas, the Department of Agriculture is the principal government agency mandated to develop the agriculture and fisheries in the country through the provision of adequate and appropriate support services;

Whereas, the Local Government Code of 1991 allows the Department of Agriculture (DA), a National Agency, to implement nationally funded projects jointly with the Local Government Units (LGUs);

Whereas, the HIGH VALUE CROPS DEVELOPMENT PROGRAM (HVCDP) is one of the banner programs of the Department of Agriculture created to help address food security, poverty alleviation and sustainable growth in response to Republic Act 7900, an act to promote the production, processing, marketing and distribution of high value crops otherwise known as “HIGH VALUE CROPS DEVELOPMENT ACT OF 1995”;

 Whereas, the objectives of the HVCDP are to deliver the appropriate development support systems and facilities and harmonize development interventions in the strategic production area, farm households and identified convergence areas based on the National Convergence Initiative (NCI) which was created through a joint Memorandum Circular No.1 Series of 1999 with the Department of Agrarian Reform (DAR) and the Department of Environment and Natural Resources (DENR);

Whereas, the City Agriculture Office as the agricultural arm of the LGU and as active partner of DA RFO XI supports and undertakes activities to promote the development of the agriculture in the countryside and has the administrative and technical capability to effectively assist in the implementation of the PROGRAM, through their ENGINEERING NETWORK;

Whereas, the LGU-TAGUM CITY has signified its intent to receive STEEL TANK WITH TAPSTAND AND PE PIPES with estimated project allocation from DA RFO XI amounting to One Hundred Fourteen Thousand Eight Hundred Seventy-Two Pesos and 50/100 (PHP 114,872.50) hereinafter referred to as the PROJECT located at Tagum City, Davao del Norte under the PROGRAM and is willing to collaborate in the implementation of the same as LGU;

FURTHERMORE, the project implementation shall be through efficient use of resources of DA RFO XI and the LGU;

NOW THEREFORE, for and in consideration of the mutual covenants and premises hereinafter set forth, the parties hereto agree as follows:

 

 

ARTICLE I

RESPONSIBILITIES OF THE PARTIES

1.       The DA RFO XI shall:

a)     Verify and validate the technical requirements of the LGU for the project implementation;
b)     Prepare the Detailed Engineering Design, Program of Works and Detailed Estimates based on engineering standards;
c)      Facilitate the procurement and the construction of the PROJECT as identified facility under the PROGRAM in accordance with Republic Act 9184 and other government accounting rules and regulation;
d)     Extend technical assistance as may be needed by the LGU  relative to project preparation and implementation in close coordination with the City Agriculture’s Office;
e)      Conduct geo-tagging and monitoring and inspection/evaluation in coordination with the City Agriculture’s Office to ensure the progress and accomplishment of the PROJECT;
f)        Reserve the right to intervene, institute corrective measures and terminate this agreement in the case of non-compliance with the terms herein stipulated on the basis of the monitoring and evaluation findings that will be conducted periodically;
g)     Facilitate the turn-over of the PROJECT to the LGU and ensure the due documentation of said turn-over.

2.       The LGU shall:

a)     Submit to DA RFO XI all the requirements related to the PROJECT;

b)     Acknowledge receipt of ownership/possession of the PROJECT and be responsible in its operation and maintenance;

c)      Utilize the PROJECT in accordance to its intended use and shall not in any way sell, lease or mortgage the same;

d)     Shoulder the notarization cost of this agreement.

ARTICLE II
SEPARABILITY CLAUSE

If any part of this Memorandum of Agreement shall for any reason be declared invalid and unenforceable, the remaining portion not affected therein shall remain in full force and effect as if the parties would not have executed this MOA had they known the invalidity or unenforceability thereof.

ARTICLE III
GENERAL PROVISIONS

  If a dispute arises out of this contract, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure (Alternative Dispute Resolution Clause).

ARTICLE IV
EFFECTIVITY AND TERMINATION OF THE AGREEMENT

This Memorandum of Agreement shall take effect upon signing hereof of both parties; the implementation shall begin immediately, and shall continue to be valid within a period of Ten (10) years or until written notice is given by either party thirty (30) days prior to the intended date of termination, or shall be terminated upon the satisfactorily fulfillment of all terms and conditions embodied herein.

Any breach or violation by a party of its obligations under this Agreement shall entitle the other party to immediately rescind, cancel or terminate this Agreement, by giving the party in breach / violation of this Agreement written notice to that effect, without prejudice to the right of the aggrieved party to require the payment of damages.

ARTICLE V
MODIFICATIONS OR AMENDMENTS

No modifications or amendments to this agreement and the approved project documents shall be allowed without the written consent of both parties involved. All amendments that will be appended to this agreement shall be in writing and must be delivered to the address of the parties indicated herein.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this _____ day of __________________ 2017 at Davao City, Philippines.

 

DEPARTMENT OF AGRICULTURE                         LGU- TAGUM CITY
Regional Field Office XI                                               JV. Ayala Ave., Apokon,Tagum City
F. Bangoy St., Davao City

By:                                                                               By:

ENGR. RICARDO M. OÑATE, JR.                               ALLAN L. RELLON, DPA, PhD
OIC Regional Executive Director                                 City Mayor

Signed in the presence of:

MELANI A. PROVIDO                                                    ENGR. HAROLD S. DAWA, AE
OIC-Chief, Field Operations Division                           City Agriculturist

ACKNOWLEDGMENT

Republic of the Philippines)
In the City of ___________) S.S.

BEFORE ME, a Notary Public for and in the City of Davao, Philippines, personally appeared:

Name                                             Government Issued ID No.             Issued by            Issued at
RICARDO M. OÑATE, JR.     Government Office ID No.: 199             DA-RFO XI            Davao City

ALLAN L. RELLON    ___________________________________     ________________       _____________

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 own free and voluntary act and deed and that of the entities they respectively represent.

This instrument is a Memorandum of Agreement consisting of four (4) pages including this page whereon the acknowledgement is written, all pages are signed by the parties and their instrumental witnesses and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this __________ day of _______________,  2017 in the City of Davao, Philippines.

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

RESOLVED FURTHERMORE, that copies of this Resolution be furnished to all offices concerned.

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)