A RESOLUTION AUTHORIZING THE CITY MAYOR, HON. ALLAN L. RELLON, DPA, Ph.D.  TO SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM A MEMORANDUM OF AGREEMENT (MOA) WITH LOWER BUSAON FISHERFOLKS ASSOCIATION, REPRESENTED BY THEIR PRESIDENT MARIO M. MISA FOR THE PROVISION OF BUNSOD MATERIALS, FISHING EQUIPMENT AND MEAT VENDING PROJECT.

 

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

BEFORE THE 7th CITY COUNCIL

EXCERPT FROM THE MINUTES OF THE 66th REGULAR SESSION OF THE 7th CITY COUNCIL OF TAGUM, PROVINCE OF DAVAO DEL NORTE HELD ON OCTOBER 18, 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. JOSE JOEDEL T. CAASI, MDMG,              Member
Hon. PROSPERO E. ESTABILLO, JR.,                   Member                       (ABC Representative)
Hon. DAMIANO L. CIPRO,                               Member                       (IP Representative)

ON LEAVE:

Hon. ROBERT L. SO,                                          Member

 

RESOLUTION NO. 759, s- 2017

A RESOLUTION AUTHORIZING THE CITY MAYOR, HON. ALLAN L. RELLON, DPA, Ph.D.  TO SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM A MEMORANDUM OF AGREEMENT (MOA) WITH LOWER BUSAON FISHERFOLKS ASSOCIATION, REPRESENTED BY THEIR PRESIDENT MARIO M. MISA FOR THE PROVISION OF BUNSOD MATERIALS, FISHING EQUIPMENT AND MEAT VENDING PROJECT.

 

WHEREAS, in a letter dated September 29, 2017 addressed to the Honorable Members of the Sanggunian, through Hon. Geterito T. Gementiza, City Vice Mayor, and duly received by the Office of the Secretary to the Sanggunian on October 4, 2017, the City Mayor, Hon. Allan L. Rellon, DPA, PhD, forwarded a draft Memorandum of Agreement (MOA)  between the City Government of Tagum and the Lower Busaon Fisherfolks Association for the provision of bunsod materials, fishing equipment and meat vending project, accordingly reviewed by the city Legal Officer, for appropriate action;

WHEREAS, said draft Memorandum of Agreement (MOA) was referred to the Joint Committees on Livelihood Projects, & on Laws, Rules, and Privileges for review and recommendation;

WHEREAS, the Lower Busaon Fisherfolks Association (LOBUFFA), a Non-Government Organization/Civil Society Organization registered under the Department of Labor and Employment with DOLE No. ROXI-DNFO-WA-10-2015-090 which is geared at the development and empowerment of fisherfolks with principal address at lower area, Brgy. Busaon, Tagum City represented herein by Mario M. Misa in his capacity as President hereinafter referred to as “CSO”;

WHEREAS, the Department of Labor and Employment (DOLE) implements various livelihood project such as the Livelihood (KABUHAYAN PROGRAM), pursuant to the provisions of DO No. 137-14, series of 2014 amounting to Php4,560,000.00 for the 13 CSOs with approved 14 Livelihood Projects;

WHEREAS, the Local Government Unit of Tagum has signified its intent to provide the counterpart fund of twenty percent (20%) amounting Php1,140,000.00 of the Total project cost subject to their Internal Revenue Allotment (IRA) in compliance with the prescribed General Appropriations Act (GAA);

WHEREAS, the Lower Busaon Fisherfolks Association (LOBUFFA) is one of the approved projects and shall be the direct beneficiary of Livelihood Assistance, to be implemented under the government’s GPBP/BUB;

WHEREAS, the Lower Busaon Fisherfolks Association (LOBUFFA) has already complied all the necessary requirements needed;

WHEREAS, the Joint Committee thoroughly discussed and deliberated on the merits of the said draft Memorandum of Agreement (MOA) and as per Joint Committee Meeting Report No. 4, S-2017, dated October 20, 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 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 Lower Busaon Fisherfolks Association, represented by their President Mario M. Misa for the provision of Bunsod Materials, Fishing Equipment and Meat Vending Project.

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

 

MEMORANDUM OF AGREEMENT
Livelihood Assistance – Provision of Materials for Bunsod, Fishing Equipment
and Meat Vending Project

 

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement entered into by and between:

 

The LOCAL GOVERNMENT UNIT OF TAGUM, 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 L. RELLON, DPA, PhD, hereinafter referred to as the “LGU”;

 

-and-

 

The Lower Busaon Fisherfolks Association (LOBUFFA), a Non-Government Organization/Civil Society Organization registered under the Department of Labor and Employment with DOLE No. ROXI-DNFO-WA-10-2015-090 which is geared at the development and empowerment of fisherfolks with principal address at lower area, Brgy. Busaon, Tagum City represented herein by Mario M. Misa in his capacity as President hereinafter referred to as the “CSO”;

 

WITNESSETH:

WHEREAS, the LOCAL GOVERNMENT UNIT OF TAGUM is mandated to promote gainful employment opportunities, develop human resources, protect workers and promote their welfare, and endeavor to contribute to reducing poverty and vulnerability to risks of the poor, vulnerable and marginalized workers by providing them access to livelihood undertakings;

WHEREAS, a well thought strategy to reduce poverty incidence in the country is the implementation of Grassroots Participatory Budgeting Process (GPBP)/Bottom-Up Budgeting Program that aims to ensure the inclusion of the funding requirements for the development needs of the poorest municipalities and cities in the programs and budgets of National Government Agencies (NGA’s);

WHEREAS, the Department of Labor and Employment (DOLE) implements various livelihood project such as Livelihood (Kabuhayan) Program, pursuant to the provision of DO No. 137-14, series of 2014 amounting to Php 4,560,000.00 for the 13 CSOs with approved 14 livelihood projects;

WHEREAS, the Local Government Unit of Tagum has signified its intent to provide the counterpart fund of Twenty Percent ( 20% ) amounting to Php 1,140,000.00 of the total project cost subject to their Internal Revenue Allotment (IRA) in compliance with the prescribed General Appropriations Act (GAA);

WHEREAS, the Lower Busaon Fisherfolks Association (LOBUFFA) is one of the approved projects and shall be the direct beneficiary of Livelihood Assistance, to be implemented under the government’s GPBP/BUB;

 

ARTICLE I
The Project

 

Parties agree to and signify their intention to undertake the Livelihood Assistance – Provision of Materials for Bunsod, Fishing Equipment and Meat Vending Project hereinafter referred to as “PROJECT” located lower area of Brgy. Busaon, Tagum City, with a total project cost of Five Hundred Forty Thousand Pesos (PHP 540,000.00) to be used exclusively for the implementation of the project listed below. A sum of Four Thousand Three Hundred Pesos (P 4,300.00) is deducted from the total budget allocation for the payment of Social Insurance of Eighty ( 86 ) beneficiaries.  The project allocation is from the grants downloaded by the Department of Labor and Employment Regional Office XI and that all activities could be completed within available budgetary allocations.

 

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

 

ARTICLE II
RESPONSIBILITIES OF THE PARTIES

1.       The LGU shall:

 

a.      Secure a Sangguniang Panlungsod Resolution authorizing the Local Chief Executive to enter and sign a Memorandum of Agreement for and in behalf of the LGU with the CSO relative to the implementation of the project;

b.      Provide the fund assistance to the CSO in the form of livelihood grant amounting to Five Hundred Forty Thousand Pesos (PHP 540,000.00)  for the implementation of the Department of Labor and Employment – Bottom Up Budgeting (BUB) Program  particularly on the Livelihood Assistance – Provision of Materials for Bunsod, Fishing Equipment and Meat Vending Project;

c.      Procure and provide the necessary supplies, materials and equipment needed for the PROJECT in adherence to existing government laws and rules on procurement together with the “CSO” base on its approved project proposal appended hereto as Annex ”A” which forms as an integral part of the agreement.

d.      To achieve the objectives, it is committing itself and in accordance with the approved standards, systems and procedures for project implementation, time schedule, as well as the attached approved project cost estimates;

e.      Designate the Public Employment Service Office as the focal office to monitor and inspect the PROJECT implementation of the CSO weekly, verify financial records and reports of the CSO;

f.        PESO as designated focal office shall provide a consolidated report  from the monitoring and inspection of the CSO to the Planning and Development Office, Office of the Chief Executive and Members of the Sangguniang Panlungsod every quarter;

g.      Institute appropriate actions against the CSO which may include, among others, suspension or termination of the project in case of violation of the provisions of this Memorandum of Agreement (MOA) and/or legal action for misuse of approved and released funds, the legal costs of which shall be shouldered by the CSO;

h.      Ensure that streamers/tarpaulins/banners/ads/press releases used in the livelihood project shall include the sponsor and the name of the PROPONENT, to properly inform the beneficiaries of the project, viz;

 

Sponsor                           : Department of Labor and Employment DOLE Integrated Livelihood Program and LGU – Tagum City

Name of Projects         : Livelihood Assistance – Provision of Materials for Bunsod, Fishing Equipment and Meat Vending Project

DOLE Fund                    : P 432,000.00

LGU Counterpart         : P 108,000.00

Implementer                 : LGU – Tagum City

 

1.       The CSO shall:

a.      Fully comply first Recognition/Renewal of its Accreditation as CSO from the Sangguniang Panlungsod prior to the releases of materials and equipment of the project;

b.      Adopt a Resolution authorizing the President to enter into and sign a Memorandum of Agreement for and in behalf of the CSO with the LGU relative to the implementation of the project;

c.      Adopt a resolution appointing the member of the Project Management Team (PMT);

d.      Open bank account in the name of the association prior to the releases of materials and equipment of the project;

e.      Adopt a resolution approving the CSO’s Project Site;

f.        Provide a counterpart in kind such as project site, buildings, labor and other materials needed.

g.      Implement the PROJECT based on its approved standards, system and procedures for project implementation, time schedule, as well as the attached approved project implementation, time schedule, as well as the attached approved project cost estimates;

h.      Keep the LGU informed thru letter at least three (3) working days before actual date of implementation of the project as well as at each major phases of implementation;

i.         Ensure that the packaging of the produce of the project and shall indicate that it is a DOLE and City Government of Tagum – assisted project;

j.         Utilize the materials, supplies and equipment solely for the above-mentioned project and/or for the purpose and line items as specified in the project proposal;

k.       In case fund assistance includes allocation for acquisition of equipment, use the training equipment acquired by City Government of Tagum exclusively for the implementation of the approved project proposal and be responsible for the proper storage and maintenance of the equipment, the cost of which shall be shouldered by the CSO. It shall secure written approval from City Government of Tagum for transfer of any equipment from the project site to another location. It shall return the equipment in its normal state of efficiency to the LGU of Tagum after the implementation of the training program, unless other written agreement is reached to the contrary by herein parties. In case of loss, damage or deterioration, the CSO shall be liable for its money value;

l.         Acknowledge the Memorandum Receipt (MR) of the materials and/or equipments which shall be issued by the LGU of Tagum City and will be transferred to the CSO, six (6) months after the turn-over upon the recommendation of the Focal office;

m.      Appoint a property custodian who will ensure the proper handling, storage of the materials and/or equipment and safeguarding of the products and may impose appropriate sanctions in case of misuse or improper handling of the same;

n.      Set aside at least ten percent (10%) of the earnings of the PROJECT as Sustainability and Development Fund;

o.      Sustain and develop the project through its corresponding fund;

p.      Submit to the LGU, (within 5 days after the end of each month), and Terminal Financial Reports and Physical Status Reports in prescribed forms with required evidences like the payroll, invoices, pictures, certificate of completion and acceptance of the project by the beneficiaries/attendance sheets (to include names, complete addresses and signatures of participates), etc.;

q.      Allow access to or make available its records and facilitate for the visitorial audit and examination of the LGU thru the PESO-BUB Monitoring and Evaluation team and/or the Commission on Audit authorized representative/s;

r.        Allow the LGU, thru the PESO-BUB Monitoring Team and/or the Commission on Audit authorized representative/s to attend during their (CSO) Board/PMT/General Assembly Meeting;

s.      Advice and secure written approval from the LGU for any major changes/deviations from the approved project proposal as to scheme/objectives/beneficiaries/budget in excess of 15%, as well as changes in the accountable officers of the organization. Revision should be at no extra cost to the LGU; and

t.      CSO’s are required to display/Install tarpaulin signage (3×6 ft), mentioned in article II (h) this MOA at a strategic area which can easily be identified. In case of damaged tarpaulin, is required to replace at their own expense.

 

 

ARTICLE III
PENALTIES AND SANCTIONS

The LGU upon consultation with Local Poverty Reduction Action Team chaired by the City Mayor of the LGU is authorized to:

1.       Terminate/Cancel the implementation of project for the following bases/instances:

a.      Recipient CSO’s 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 CSO.

In such case the project is partially or fully cancelled due to the fault of recipient CSO, it shall be obliged to return the unexpended balance of the released portion of the funds, unused  and unutilized supplies, materials and equipment or pertinent portion related to the cancelled component, whichever applies.

2.       Suspend project implementation attributed to extraordinary conditions such as force majeure, fortuitous events and the like. Recipient CSO shall be given one (1) month to resolve issue/s affecting project implementation and improve performance/s or remedy the situation, in case of project suspension. On the other hand, the early termination of the project will be resorted only if the recipient CSO had been duly notified.

3.       Recommend for non availment of future grants if any of the following occurs;

a.      LGU finds out during the conduct of monitoring activities of projects of the following:

a.1 CSO’s unsatisfactory  performance in the implementation/execution of the project or irreversible slippage in the implementation; and

a.2 Reported wrong – doing from stakeholders in the locality/project site.

 

 

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.

 

This agreement shall take effect upon signing thereof by the parties hereto.

 

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

 

                                                                            City Government of Tagum                                                        Lower Busaon Fisherfolks Association   
                                                                          ALLAN L. RELLON, DPA, PhD                                                                          MARIO M. MISA

City Mayor                                                                                                              President

 

                                                                                                                                                      Witnesses:

 

 RONALD S. ELIOT                                                                           ROGENETH P. LLANOS, MPA

City Councilor                                                                                             PDO IV/PESO Manager

 

 

 

ACKNOWLEDGEMENT

 

 

Republic of the Philippines      )

City of Tagum                          ) s.s.

X – – – – – – – – – – – – – – – – – – – – X

 

 

  BEFORE ME, a Notary Public for and in the City of Tagum, this ___ day of __________________, 2017, personally appeared Hon. Allan L. Rellon, DPA, PhD., with his Community Tax Certificate No. __________ issued at Tagum City on  _____________ and MARIO M. MISA with his Community Tax Certificate No. ________________ issued at Tagum City on ______________ known to me to be the same persons who executed the foregoing instruments and they acknowledged to me that the same is their free act and voluntary deed.

This instrument consisting of  __ page/s including this page where this acknowledgement is written have been signed by parties together with their instrumental on each and every page hereof.

 

WITNESS MY HAND AND SEAL on the date at the place first above written.

 

NOTARY PUBLIC

Doc. No.  _____;

Page No. _____;

Book No.______;

Series of ______.

 

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)