A RESOLUTION AUTHORIZING HON. ALLAN L. RELLON DPA, PH.D., CITY MAYOR TO SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM, THE MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS XI (DPWH-XI), REPRESENTED HEREIN BY ENGR. ALLAN BORROMEO, CESO IV, REGIONAL DIRECTOR, FOR THE CONSTRUCTION OF THE FLYOVER ALONG DAANG MAHARLIKA NATIONAL HIGHWAY.

 

Republic of the Philippines

Province of Davao del Norte

CITY OF TAGUM

BEFORE THE 7th CITY COUNCIL

 

EXCERPT FROM THE MINUTES OF THE 68th REGULAR SESSION OF THE 7th CITY COUNCIL OF TAGUM, PROVINCE OF DAVAO DEL NORTE HELD ON OCTOBER 30, 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. REY CYRIL T. ALBA                                   Member
Hon. TRISTAN ROYCE R. AALA, MDMG,           Member
Hon. ESTER L. ANGOY,                                     Member
Hon. ROBERT L. SO,                                          Member
Hon. JOSE JOEDEL T. CAASI, MDMG,              Member
Hon. PROSPERO E. ESTABILLO, JR.,                   Member                       (ABC Representative)
Hon. DAMIANO L. CIPRO,                               Member                       (IP Representative)

ON OFFICIAL BUSINESS:
Hon. MACARIO A. BERMUDEZ, II,                     Member

ON FORCE LEAVE:
Hon. RONALD S. ELIOT,            RMP                            Member

ABSENT:
Hon. JAN DMITRI S. SATOR,                              Member

RESOLUTION NO. 767, s- 2017

 

A RESOLUTION AUTHORIZING HON. ALLAN L. RELLON DPA, PH.D., CITY MAYOR TO SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM, THE MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS XI (DPWH-XI), REPRESENTED HEREIN BY ENGR. ALLAN BORROMEO, CESO IV, REGIONAL DIRECTOR, FOR THE CONSTRUCTION OF THE FLYOVER ALONG DAANG MAHARLIKA NATIONAL HIGHWAY.

 

WHEREAS, presented before the 7th City Council of Tagum is a letter dated October 19, 2017 of Hon. Allan L. Rellon, DPA, Ph.D., City Mayor, addressed to the Honorable Members of the Sanggunian, through Hon. Geterito T. Gementiza, MDMG., City Vice Mayor, relative to draft Memorandum of Understanding between the City Government of Tagum and the Department of Public Works and Highways for the construction of flyover along Daang Maharlika National Highway;

 WHEREAS, the Department of Public Works and Highways (DPWH) will construct a flyover along Daang Maharlika, National Highway, particularly from Saint Mary’s College crossing Abad Santos (in front Cong. Alvarez Building), with an estimated length of 1.6 kilometers;

WHEREAS, based on the assessment conducted during a joint inspection with DPWH and the City, several palms, ornamental plants and other facilities such as street lights, concrete boxes/islands, service roads will be affected by the abovementioned project;

WHEREAS, the DPWH is willing to compensate the affected plants with the amount and cost as agreed by both parties for the provision of agricultural supplies, plants and equipment such as, but not limited to pots, ornamental plants, tree seedlings, grass cutters and garden soil in support for the beautification and greening of the city for climate change mitigation;

WHEREAS, it is incumbent upon this august body to authorize the local chief executive to sign for and in behalf of the City Government of Tagum the Memorandum of Understanding for the construction of the flyover along Daang Maharlika National Highway;

NOW THEREFORE, be it resolved by the Sangguniang Panlungsod of Tagum to authorize Hon. Allan L. Rellon DPA, Ph.D., City Mayor to sign for and in behalf of the City Government of Tagum, the Memorandum of Understanding with the Department of Public Works and Highways XI (DPWH-XI), represented herein by Engr. Allan Borromeo, CESO IV, Regional Director, for the construction of the Flyover along Daang Maharlika National Highway.

RESOLVED FURTHER, that the full text of the Memorandum of Understanding shall be read as follows:

 

MEMORANDUM OF UNDERSTANDING

 

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement entered into by and between:

The CITY GOVERNMENT OF TAGUM, with business address at Barangay Apokon, Tagum City, represented by CITY MAYOR HON. ALLAN L. RELLON, DPA, PhD, herein referred to as the “First Party,”

-and-

The DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH), Davao City, Region XI, represented by ALLAN S. BORROMEO, CESO IV, Regional Director, herein referred to as the “Second Party.”

WITNESSETH:

WHEREAS, the DPWH will construct a flyover along Daang Maharlika, National Highway, particularly from Saint Mary’s College crossing Abad Santos (in front Cong. Alvarez Building), with an estimated length of 1.6 kilometers;

WHEREAS, based on the assessment conducted during a joint inspection with DPWH and City Personnel, several palms, ornamental plants and other facilities such as street lights, concrete boxes/islands, service roads will be affected on the abovementioned project;

WHEREAS, the DPWH, City Environment and Natural Resources Office (CENRO), City Engineering Office (CEO), City Planning and Development Office and other concerned departments made a dialogue for possible solutions of affected plants, facilities and other infrastructure development of the city through an agreement;

WHEREAS, the DPWH is willing to compensate the affected plants with the amount and cost agreed by both parties for the provision of agricultural supplies, plants and equipment such as, but not limited to pots, ornamental plants, tree seedlings, grass cutters and garden soil in support for the beautification and greening of the city for climate change mitigation;

WHEREAS, the DPWH committed to reinstall the affected facilities and improvements, such as but not limited to, street lights, plant boxes, concreting of unpaved service roads in accordance with their plans of completion for calendar year 2019 – 2020;

WHEREAS, Section 5 of City Ordinance 222, series of 2006, prohibits the cutting, destroying or impairing of planted trees, shrubs, palms and other ornamental plants along public roads, plazas, parks or in any other public ground except when the cutting, destroying or injuring of the same is necessary for public safety, infrastructure development or such pruning is necessary to enhance its beauty, and only upon the recommendation of the committee. The cutting, destroying or pruning shall be under the supervision of the committee subject to the provisions of the Civil Code of the Philippines on property relation;

WHEREAS, the cutting/removal of palms and ornamental plants had already been approved by the Committee on the Protection of Palms and Ornamental Plants (Section 3, City Ordinance 222, series of 2016) through Resolution No. 27, provided the DPWH, which will compensate damages incurred during the construction period of the flyover;

NOW THEREFORE, for and in consideration of the terms and conditions herein below set forth, the parties hereby mutually agree as follows:

 

 

OBLIGATION OF PARTIES

 

The First Party shall:

1.       Conduct inventory report of affected palms, ornamental plants, facilities affected through CENRO and CEO;

2.       Provide technical assistance to salvage the affected plants through CENRO;

3.       Coordinate with the Second Party regarding the compliance of the contractor for the smooth implementation of the project and proper handling and removal of plants;

4.       Assist the Second Party through CENRO for possible items/plants to be purchased as part of compensation of the damages during construction period;

5.       Provide an area for rehabilitation of palms and ornamental plants after removal; and

6.       Assist the facilitation of the approval of the resolution from the Protection Committee.

 

The Second Party shall:

1.       Shall allocate funds appropriate to support for the provision of agricultural supplies, restoration of affected infrastructure projects, appurtenances and other expenditures as agreed by both parties;

2.       Be responsible for the removal and hauling of palms and ornamental plants in the area provided by the First Party in coordination with CENRO;

3.       Provide agricultural supplies, plants, equipment, such as, but not limited to pots, tree seedlings, garden soil, ornamental plants and grass cutter equipment;

4.       Be responsible for the removal, improvements and reinstallation of street lights, concreting/asphalting of unpaved service roads and other affected facilities, in coordination with CEO;

5.       Observe safety and convenience of the motoring public during construction period; and

6.       Be responsible for the clearing operation/cleaning up of all debris/waste after the completion of the project in coordination with CENRO;

 

MODIFICATION. No modification of any part of this Agreement shall be made unless agreed upon by both parties and shall be written in a separate/supplemental Memorandum of Agreement.

EVENT OF DEFAULT. In the event of a breach or threatened breach of the terms of this Agreement, and should the defaulting party fails to remedy the breach within a period of thirty (30) calendar days from receipt of the notification from the non-breaching Party demanding that the breach be rectified, the non-breaching party may perform the same or allow the performance thereof by a third party at the expense of the defaulting party, with payment of damages in either case in accordance with the laws of the Philippines.

This Agreement is mutually agreed by both parties to ensure smooth implementation of the Project and restoring the aesthetic beauty and favorable environment of the city.

 

COMMENCEMENT AND EXPIRY

 

This Agreement shall commence immediately upon signing of Parties hereof and expire in _________________ with option to renew the Agreement.

 

Done this _______ day of ____________ 2017 in Tagum City, Davao del Norte.

 

 

FOR THE FIRST PARTY:                                                    FOR THE SECOND PARTY:

 

 

ALLAN L. RELLON, DPA, PhD                       ALLAN S. BORROMEO, CESO IV
City Mayor

Signed in the Presence of:

 

GETERITO T. GEMENTIZA, MDMG                                  ENGR. VIVIAN R. BAHALLA, MSERM
City Vice Mayor                                                                                  City ENRO

 

 REY CYRIL T. ALBA
City Councilor, Chairperson- Committee on
Environmental Protection and Ecology

 

 

ACKNOWLEDGEMENT

 

Republic of the Philippines
Province of Davao del Norte
City of Tagum

 

Before me, personally appeared the Parties, this ________ day of _____________, 2017 in Tagum City, Davao del Norte, who exhibit their credentials set forth above, known to me to be the same persons who executed the Memorandum of Understanding consisting of ____ pages, including this page which they acknowledged to me that this instrument s freely voluntarily executed by them and that of the entity they represent.

 

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

 

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

 RESOLVED FURTHERMORE, that copies of this resolution be furnished to all offices concerned for their information and guidance.

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)