A RESOLUTION AUTHORIZING THE CITY MAYOR, HON. ALLAN L. RELLON, DPA, PhD,  TO SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM AN AMENDED MEMORANDUM OF AGREEMENT (MOA) WITH THE BUREAU OF FISHERIES AND AQUATIC RESOURCES THROUGH REGIONAL OFFICE XI REPRESENTED HEREIN BY ITS REGIONAL DIRECTOR, FATMA M. IDRIS, CESO V.

 

Republic of the Philippines
Province of Davao del Norte
CITY OF TAGUM

BEFORE THE 7th CITY COUNCIL

 

EXCERPT FROM THE MINUTES OF THE 62nd REGULAR SESSION OF THE 7th CITY COUNCIL OF TAGUM, PROVINCE OF DAVAO DEL NORTE HELD ON SEPTEMBER 19, 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. JOSE JOEDEL T. CAASI, MDMG,              Member
Hon. DAMIANO L. CIPRO,                               Member                       (IP Representative)
ON SICK LEAVE:
Hon. ROBERT L. SO,                                          Member
Hon. PROSPERO E. ESTABILLO, JR.,                   Member                       (ABC Representative)
ON VACATION LEAVE:
Hon. ESTER L. ANGOY,                                     Member

 

RESOLUTION NO. 678, 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 AN AMENDED MEMORANDUM OF AGREEMENT (MOA) WITH THE BUREAU OF FISHERIES AND AQUATIC RESOURCES THROUGH REGIONAL OFFICE XI REPRESENTED HEREIN BY ITS REGIONAL DIRECTOR, FATMA M. IDRIS, CESO V.

WHEREAS, letter dated August 30, 2017 of Hon. Allan L. Rellon, DPA, Ph.D, City Mayor, was forwarded to the Honorable Members of the Sanggunian, through Hon. Geterito T. Gementiza, MDMG, City Vice Mayor duly received by the office of the Secretary to the Sanggunian on August 31, 2017, with attached draft Memorandum of Agreement (MOA) between the City Government of Tagum and the Bureau of Fisheries and Aquatic Resources through its Regional Office XI for the implementation of 2015 Bottom-up Budgeting Projects, Sustainable Agri-Based Livelihood and other Agri-Fishery Business Investment and Fisheries Project – Mud Crab Culture and Fattening, accordingly reviewed by the city Legal Officer, for appropriate action;

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

WHEREAS, the Department of Agriculture – Bureau of Fisheries and Aquatic Resources XI (DA-BFAR-XI) allocated and downloaded a fund amounting to Two Million Four Hundred Thousand Pesos (Php 2,400,000.00) for Sustainable Agri-Fishery Based Livelihood and Other Agri-Fishery Business Investment ( Fisheries Project – Bunsod Pahubas, Payaw, and Bunsod Palawom, Talaba Culture and Seaweeds Farming) project and the LGU Counterpart is Six Hundred Thousand Pesos (Php600,000.00) with the total amount of Three Million Pesos (Php3,000.000.00);

WHEREAS, The LGU of Tagum sent a letter of request to the BFAR XI dated June 5, 2017 and duly received on June 6, 2017 with an intent to implement Bunsod Palawom only among five project components which are; Bunsod Pahubas, Payaw, Bunsod Palawom, Talaba Culture and Seaweeds Farming;

WHEREAS, attached to the letter of LGU Tagum to the BFAR XI is the resolution of the Local Poverty Reduction Action Team Resolution No. 6, S-2016 “A resolution approving the modification of the component projects of the sustainable Agri-Fishery based livelihood and other fishery business investment (fishery project – bunsod pahubas, payaw and bunsod palawom, talaba culture and seaweed farming) under the national fisheries program of the Department of Agriculture – Bureau of Fisheries and Aquatic Resources XI (DA – BFAR XI);

WHEREAS, the BFAR XI approved the request to implement only the component of the project which is Bunsod Palawom worth P 1,164,000.00 provided that the balance shall be reverted back to the agency of a region amounting to P 1,236,000.00;

WHEREAS, as opined by the City Legal Officer, the Memorandum of Agreement (MOA) should be amended limiting the implementation of the Project to only one component – bunsod palawom;

WHEREAS, the committee thoroughly discussed and deliberated on the merits of the said draft amended 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 the City Mayor, Hon. Allan L. Rellon, DPA, PhD, to sign for and in behalf of the City Government of Tagum an amended Memorandum of Agreement (MOA) with the Bureau of Fisheries and Aquatic Resources through Regional Office XI represented herein by its Regional Director, Fatma M. Idris, CESO V.

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

 

AMENDED MEMORANDUM OF AGREEMENT

For the implementation of the Bottom – up Budgeting (BUB) projects 2015: Sustainable Agri-Fishery Based Livelihood and other Agri-Fishery Business Investment (Fisheries Project – Bunsod Pahubas, Payaw,Seaweeds Farming and Bunsod Palawum, Talaba Culture)

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement entered into by and between:

 

The BUREAU OF FISHERIES AND AQUATIC RESOURCES, through the BFAR Regional Office XI, a government agency created and existing under the Republic of the Philippines with office address at R. Magsaysay Ave., Davao City, represented herein by its Regional Director, FATMA M. IDRIS, CESO V hereinafter referred to as the “BFAR XI”;

-and-

The LOCAL GOVERNMENT UNIT OF TAGUM CITY, a local government unit with postal address at J.V. Ayala Avenue, Barangay Apokon, Tagum City, Davao del Norte represented herein by its Honorable Mayor, ALLAN LOPEZ RELLON hereinafter referred to as the “LGU”.

 

WITNESSETH:

 

WHEREAS, The City Government of Tagum and the Department of Agriculture-Bureau of Fisheries and Aquatic Resources XI (DA-BFAR-XI) entered into Memorandum of Agreement for the implementation of the project entitled Sustainable Agri-Fishery Based Livelihood and other Fishery Business Investment (Fishery Project-Bunsod Pahubas, Payaw and Business Palawum, Talaba Culture and Sea weeds Farming) amounting to Three Million Pesos (Php 3,000,000.00);

WHEREAS, the Department of Agriculture-Bureau of Fisheries and Aquatic Resources XI (DA-BFAR-XI) downloaded a fund amounting to Two Million Four Hundred Thousand Pesos (Php 2,400,000.00) for Sustainable Agri-Fishery Based Livelihood and other Agri-Fishery Business Investment (Fisheries Project – Bunsod Pahubas, Payaw, and Bunsod Palawum, Talaba Culture and Seaweeds farming) project;

 

WHEREAS,  the said project will benefit the member of the Self Employed Assistance Kaunlaran (SEA-K) of Barangay Busaon and Liboganon Fisherfolk Association (LIFA) of Barangay Liboganon and as Civil Society Organization (CSO) Partner;

 

WHEREAS, the said project has five (5) components namely:  Bunsod Pahubas, Bunsod Palawom,  Payaw,  Talaba Culture and Seaweeds farming;

 

WHEREAS, that upon evaluation and to avoid any problem in the future, payaw, bunsod pahubas, talaba culture and seaweeds farming will no longer be implemented and the budget will be allocated for 4 units bunsod palawom;

 

WHEREAS, that the reasons of implementing bunsod palawom only are as follows:

 

⦁Bunsod pahubas is not feasible at this stage since over density in the proposed location was observed;

⦁Payaw will contribute to illegal fishing since it can be used as an accessory to dynamite fishing and the likes;

⦁Talaba culture is not feasible in the area, previous implementation of such project yield unfavorable result;

⦁Seaweeds farming will contribute to more delay in the implementation of the projects since there are numerous and highly technical requirements for this component and the same with Talaba culture, previous implementation of such project also yield unfavorable results and it is included in project proposal but not included in the previous memorandum of agreement.

 

WHEREAS, the Bureau of Fisheries and Aquatic Resources (BFAR XI) poses no objection to the request of assistance by the LGU and shall allocate the funds for this project from General Appropriations Act allotted to implement anti-poverty projects;

 

WHEREAS, the LGU sent a letter of request to BFAR XI with an intent to implement bunsod palawom only among five project components which are; bunsod pahubas, payaw, bunsod palawom, talaba culture and sea weeds farming;

 

WHEREAS, the BFAR XI approved the request to implement only component of the project which is Bunsod Palawom worth P 1,164,000.00, provided that a condition to revert the excess fund amounting to P 1,236,000.00. Moreover, BFAR XI request for an official communication letter and an LPRAT resolution regarding the implementation of only one component and reversion of the remaining BUB 2015 fund;

 

NOW THEREFORE, for and in consideration of the premises and mutual covenants hereinafter set forth, the parties hereby amends the previous agreement as follows:

 

ARTICLE I

The Project

Parties agree to signify their intention to undertake the Bottom –Up Budgeting for CY 2015 hereinafter referred to as “PROJECT” located at Tagum City, Davao del Norte with a total project allocation from BFAR XI and LGU Tagum City amounting to THREE MILLION  PESOS (Php 3,000,000.00), which was the previous total project cost and with a new total project cost of ONE MILLION SEVEN HUNDRED SIXTY FOUR THOUSAND PESOS (Php 1,764,000.00) that all activities could be completed within the available budgetary allocations; breakdown as follows:

PREVIOUS PROJECT COST  BUGETARY REQUIREMENTS FOR FIVE (5) PROJECT COMPONENTS

PROJECT COMPONENT BFAR II LGU TAGUM
COMPONENT “A” BUNGSOD PAHUBAS 867,470.00
COMPONEN T “B” TALABA CULTURE 190,400.00
COMPONENT “C” PAYAO 104,320.00
COMPONENT “D” SEAWEEDS FARMING 73,810.00
COMPONENT “E” BUNGSOD PALAWOM 1,164,000.00 600,000.00
Total per Agency 2,400,000.00 600,000.00
GRAND TOTAL P 3,000,000.00

PRESENT (NEW) TOTAL PROJECT COST  BUGETARY REQUIREMENTS FOR ONE (1) PROJECT COMPONENT 

ARTICLE II

RESPONSIBILITIES OF THE PARTIES

1.       The BFAR XI shall:
a.      Issue approval letter for the implementation of bunsod palawon only among five project components signed by the Regional Director;
b.      Record all transactions related to the fund utilization in a separate book of accounts and;
c.      Conduct regular monitoring to ascertain the progress of the project thru its appointed inspector or focal person of the project.

2.       The LGU shall:
a.      Implement the approved BUB project amounting ONE MILLION SEVEN HUNDRED SIXTY FOUR THOUSAND (1,764,000.00).

BFAR COUNTERPART
1,164,000.00 LGU COUNTERPART
600,000.00
TOTAL PROJECT COST
1,764,000.00

a.      Secure a Sangguniang Bayan/Panlungsod Resolution authorizing the Local Chief Executive to enter and sign a Memorandum of Agreement for and in behalf of the LGU with the BFAR XI relative to the implementation of the project; and,
b.      Undertake the implementation and completion of the project in accordance to existing government laws and procedures;
c.      Revert the excess fund of the remaining four project component which shall not be implemented amounting to Php 1,236,000.00.
d.      Put up billboards at the project site/s  and comply all provisions of the COA Circular No. 2013-004;and
e.      Shoulder the notarization of this document.

ARTICLE III

PENALTIES AND SANCTIONS

The BFAR XI upon consultation with RPRAT chaired by the Regional Director of the DILG is authorized to:

 

Terminate/Cancel the implementation of project for the following bases/instances:
a.      Recipient LGU non-compliance to prescribed project processes, standards and requirements;

b.      Corruption and fraudulent practices;

c.      Situations/circumstances would make it improbable for the project to continue to be carried out; and

d.      Upon request of the recipient LGU.

 

Suspend project implementation attributed to extraordinary conditions such as force majeure, fortuitous events and the like.

 

 

ARTICLE IV

AMENDMENT

Any amendment to this agreement shall be made in writing duly agreed and signed by the parties hereto.

 

ARTICLE V

EFFECTIVITY

This agreement shall take effect upon signing thereof by the parties and shall remain valid and binding for one (1) year or until the completion of the project unless rescinded by the parties by giving sixty (60) days advance written notice.

 

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on this _____ day of ____________, 2017 at ____________________________Philippines.

 

 

Bureau of Fisheries and Aquatic Resources                  City Local Government Unit of
Regional Office XI                                                                    Tagum, Davao del Norte
FATMA M. IDRIS, CESO V                                                ALLAN L. RELLON, DPA, PhD
Regional Director                                                                                   City Mayor

Witnesses:

LOURDES S. ABAPO                                                           HAROLD S. DAWA, AE.          
BFAR-XI                                                                                         LGU

 

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES

PROVINCE OF _____________  ) S.S.

CITY OF  _______________        )

 

This ____ day of ____________________, 2017 before me a Notary Public in and for the said City personally came and appeared before me.

FATMA M. IDRIS                                    BFAR # XI-301

ALLAN LOPEZ RELLON

 

Known to me as the same persons who executed the foregoing instrument, and they acknowledged to me that the same is their free and voluntary act and deed and the agencies which they represent.

This instrument consisting of ____ ( ) pages including this page on which the acknowledgement is written, all of which are signed by the parties and their instrumental witnesses, sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this ____ day of __________________________, 2017 in the City of Tagum, Philippines.

 

Doc No. ______

Page No. ______

Book 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.
 

 

 

 MELODINA V. VALLE
 Records Officer IV
OIC – Secretary to the Sanggunian

 

ATTESTED AND CERTIFIED
 TO BE DULY ADOPTED:

 

GETERITO T. GEMENTIZA, MDMG
City Vice Mayor
(Presiding Officer)