A RESOLUTION AUTHORIZING THE CITY MAYOR, HON. ALLAN L. RELLON, DPA, PhD, TO ENTER INTO AND SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM A MEMORANDUM OF AGREEMENT (MOA) WITH DEED OF DONATION WITH THE DEPARTMENT OF INFORMATION AND COMMUNICATION TECHNOLOGY FOR THE IMPLEMENTATION OF TECH4ED AND RURAL IMPACT SOURCING PROJECT.

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

 

BEFORE THE 7th CITY COUNCIL

EXCERPT FROM THE MINUTES OF THE 70th REGULAR SESSION OF THE 7th CITY COUNCIL OF TAGUM, PROVINCE OF DAVAO DEL NORTE HELD ON NOVEMBER 13, 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,            RMP                            Member
Hon. JAN DMITRI S. SATOR,                              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. REY CYRIL T. ALBA                                   Member

 

RESOLUTION NO. 785, s-2017

 

A RESOLUTION AUTHORIZING THE CITY MAYOR, HON. ALLAN L. RELLON, DPA, PhD, TO ENTER INTO AND SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM A MEMORANDUM OF AGREEMENT (MOA) WITH DEED OF DONATION WITH THE DEPARTMENT OF INFORMATION AND COMMUNICATION TECHNOLOGY FOR THE IMPLEMENTATION OF TECH4ED AND RURAL IMPACT SOURCING PROJECT.

 

WHEREAS, the national government through the Department of Information and Communication Technology (DICT) in line to its mandate, is aimed to bridge the digital divide to enhance socio-economic condition providing inclusive growth to the country by establishing Tech4ED Centers under its eFILIPINO  –  Technology for Economic Development Project;

WHEREAS, DICT is implementing the Rural Impact Sourcing (RIS) Program which is intended to create meaningful Information Communication Technology (ICT)- enabled jobs in socio economically disadvantaged areas in the country and support more Filipinos in the countryside gain employment through the online freelancing industry;

WHEREAS, it is the policy of the City of Tagum to fully support, cooperate and commit itself to the implementation and success of national programs in as much as the same are intended to achieve development goals that will eventually benefit the people in particular;

WHEREAS, the City of Tagum subscribes to the Technology for Economic Development (Tech4ED) Project, and as such it is imperative to establish a working and institutional relationship with the Department of Information and Communication Technology (DICT) to ensure the implementation and success of the Project in the locality, by entering into the Memorandum of Agreement presented to this Sanggunian;

NOW THEREFORE, be it resolved by the Sangguniang Panlungsod of Tagum to authorize the City Mayor, Hon. Allan L. Rellon, DPA, PhD, to enter into and sign for and in behalf of the City Government a Memorandum of Agreement (MOA)with Deed of Donation with the Department of Information and Communication Technology for the implementation of Tech4ED and Rural Empowerment and Impact Sourcing Project.

RESOLVED FURTHER, that the full text of the Memorandum of Agreement (MOA) with Deed of Donation shall be read as follows:

MEMORANDUM OF AGREEMENT WITH
DEED OF DONATION

 

KNOW ALL MEN BY THESE PERESENTS

This Memorandum of Agreement (MOA) made and entered into by and between:

The DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY, an office existing by virtue of Republic Act 10844 dated 23 May 2016, with principal office address at DICT Building, C.P. Garcia Avenue, UP Diliman, Quezon City, represented herein by its FIELD OPERATIONS OFFICE (FOO) CLUSTER DIRECTOR – ALIMBZAR P. ASUM hereinafter referred to as the “DICT”;

-and-

 

The CITY GOVERNMENT OF TAGUM, represented herein by its CITY MAYOR, Hon. ALLAN L. RELLON, DPA, PhD, duly authorized for the purpose, herein referred to as the “LGU”.

 

WITNESSETH: That

WHEREAS, the DICT is mandated to be the primary policy, planning, coordinating, implementing, and administrative entity of the Executive Branch of the government that will plan, develop, and promote the national ICT development agenda;

WHEREAS, the DICT, in line with its mandate, aims to bridge the digital divide to enhance socio-economic condition providing inclusive growth to the country by establishing Tec4ED Centers under its eFilipino – Technology for Economic Development project and by implementing the Rural Impact Sourcing (RIS) Program under the digitalPH initiative;

WHEREAS, under the Tech4ED project are different segments, which aim to cater to Out-of-School Youth and Adults (OSYA), women, teachers, Overseas Filipino Workers (OFWs) as well as their families and relatives, Persons With Disabilities (PWDs), senior citizens. Indigenous people, entrepreneurs as its target market of END-USERS;

WHEREAS, the Rural Impact Sourcing Program of DICT aims to help create and promote meaningful ICT- enable jobs in socio-economically disadvantage areas in the country;

WHEREAS, the LGU has manifested to establish a Tech4ED Center and has correspondingly attested to support all activities to sustain and maintain the center to provide where and when feasible necessary services to the community;

WHEREAS, the DICT and the LGU have agreed to cooperate and jointly commit in promoting community development through the use of ICT for effective and efficient governance in the country, particularly through the program;

WHEREAS, the parties have agreed for the free use of the platform, technology and brand for tech4ED project by way of usufruct under the conditions in this Agreement for the sole purpose of furthering the objectives of the project;

WHEREAS, a DONOR-DONEE relationship shall likewise exist in the transfer of the Tech4ED Center Equipment Package between the DICT (DONOR) and the LGU (DONEE);

WHEREAS, for and in consideration of the LGU’s belief and recognition of the Tech4ED Center’s invaluable services to the community, the DICT shall TRANSFER and CONVEY by way of DONATION, unto the said LGU the Tech4ED Center Equipment  package, free and clear from all liens and encumbrances, except those that may be subsisting by operation of law;

WHEREAS, this Agreement shall have the same effect as that of a Deed of Donation for the Tech4ED Center Equipment Package on condition that actual donation shall be enforced and realized only upon receipt and acceptance of said Equipment Package through the equipment deployment and transfer alongside the submission of a duly accomplished Inspection and Acceptance Report and the corresponding Invoice Receipt for Property;

NOW THEREFORE, for and in consideration of the foregoing premises and of mutual covenants, agreements and stipulations hereinafter set forth, the parties hereto agree to enter into this Memorandum of Agreement (MOA) under the following terms and conditions:

 

SECTION 1. PURPOSE OF THE MOA

This MOA is an agreement between the parties for the free use, by way of usufruct, of DICT’s platform, solutions, technology and brand of Tech4Ed project. It is also for the joint RIS program of the DICT and the LGU to provide capacity building services to the marginalized sectors of society, in order to make the collaboration and cooperation between the parties possible, subject to adherence to the minimum requirements of the law. The location(s) and description(s) of site(s) is/are found in ANNEX “A”.

 

SECTION 2. SCOPE OF THE PROJECT

This Agreement shall cover the approval of the LGU’s application as DICT’s partner for the hosting, the establishment and operation of a Tech4ED Center in its community, the consequent donation of the Tech4ED Center Equipment package indicated in Section 3 and the provision of Training Package and appropriate technical assistance to the LGU as DICT’s host partner through the Tech3ED Project and the RIS Program.

 

SECTION 3. TERMS OF AGREEMENT

3.1 The Parties understand that they share the common goal of implementing the project;

3.2 The Parties acknowledge that the proper coordination between them shall be made to ensure the success of the project;

3.3 The Parties acknowledge that ownership of the platform, solutions, technology and brand shall remain with DICT, while those provided by the LGU, if any, shall remain with the LGU;

3.4 The parties hereby undertake to faithfully and strictly perform the responsibilities enumerated under this Agreement and fully understand the consequences therein in case of non-performance thereof;

3.5 The parties know and understand that the DICT is providing the use of its platform, solutions, technology and services, by way of usufruct, free of any charge. Furthermore, the parties hereby declare that the DICT is NOT charging any fee from the LGU, from its community of from the public for the use of the platform, solutions, technology and brand of the Tech4ED project under this Agreement;

3.6 The LGU may impose charges or fees for the use of the computers of the Tech4ED Centers at a cost that the LGU may deem appropriate and sufficient to be used exclusively for the maintenance and expansion of the Tech4ED Centers in order to achieve the parties shared goal of long term sustainability of the Tech4ED project;

3.7 The LGU shall not impose additional charges or fees in order to access the contents of the platform under the Tech4ED Project;

3.8 Under no circumstance shall the fees collected by the LGU be released to the DICT, its officers and staff as payment of fees, services, honoraria, and other similar disbursements.

3.9 Further, the purpose for which the donation for Tech4ED Center Equipment was approved and granted by the DICT shall not be changed, modified or altered without prior written consent of the DICT whose concurrence can only be withheld upon reasonable ground.

If the LGU commits a breach on any of the condition for the donation of the Equipment Package especially Section 5.2, the DICT may take appropriate action, including revocation of the donation, to uphold the public interest.

Upon revocation of the donation, the DICT shall demand the return of the donated items with a right to claim damages.

The parties mutually agree that this donation in favor of the LGU does not in any away bind the DONOR to grant future request for donation by the LGU.

 

SECTION 4. OBLIGATIONS OF DICT

 

4.1 Support and assist the LGU on the implementation of the Tech3ED Project milestones in the recipient LGU Tech4ED Center;

4.2 Support and assist the LGU on the implementation of the RIS program, particularly on capacity building and trainings;

4.3 Allow the LGU to use for free the platform of the Tech4ED project, comprising of the ICT- enable contents and services;

4.4 Provide the Equipment Package comprising of eight (8) operational laptops or desktop computers, an all-in-one equipment of printer, scanner and copier, router and one (1) CCTV Camera for the use at all prescribe hours of operation in accordance with the suggested specifications;

4.5 Provide thru its partners appropriate technical assistance during deployment and installation of the Equipment package;

4.6 provide relevant training, appropriate to develop the skills of the Center Manager and/or Assistant Center Manager who shall be tasked to manage and to implement the center’s day-to-day operations;

4.7 Overall-in-charge in the execution, monitoring, and evaluation of technical training;

4.8 Ensure the availability of venue, facilities, and technical expertise on the Technical Training for the Center Managers;

4.9 Provide the Guidelines on the specification of Technical Training;

4.10 Provide the Guidelines on the selection of local partner, Micro, Small and Medium Enterprises (MSMEs), and scholars;

4.11 Review reports required to be submitted by the LGU; and

4.12 Evaluate and conduct periodic monitoring of the beneficiary’s performance.

 

SECTION 5. OBLIGATIONS OF THE LGU

5.1 To furnish the DICT a Resolution containing among others, a conformity with the terms and conditions for the use of the platform, solutions, technology and branding of the Tech4ED project;

5.2 Provide at least forty (40) square meters office space to serve as the Tech4ED where computers shall be deployed and the technical training will be held, to accommodate at least twenty (20) participants who shall avail of the scholarship grant of the RIS Technical Training Program;

5.3 Designated at least two (2) permanent or full-time personnel as the Tech4ED Center Manager and the Tech4ED Center Assistant Manager, respectively, to manage the day to day operations of the Center and to ensure its safety and security;

5.4 Shoulder the costs of travel and training for its Tech4ED Center Manager and Tech4ED Center Assistant who shall already be tasked to attend the training under the Tech4ED project such as, but not only limited, to the Center Managers Training, Technical Training for Rural Impact Sourcing Program and annual Summit for Knowledge Exchange Conference to enhance the centers performance;

5.5 The LGU provide for meals (lunch) and snacks of the training participants including scholars, MSMEs, trainers, and DICT personnel during the face-to-face training sessions; shall ensure the availability of stable internet connectivity and back-up functional generator during the training;

5.6 Ensure connectivity of the above-mentioned laptops or desktops at the Tech4ED Center through Wi Fi with at least 2mbps Committed Information Rate (CIR) and at least one (1) router;

5.7 Provide security measures such as, but not limited to, operational security camera for the protection of any and all materials in the Tech4ED Center against theft;

5.8 Provide enough commuter tables for the Technical Training scholars, and at least two (2) extra tables and chairs for meetings and discussions during the training;

5.9 Maintain and maximize the use of the DICT- donated equipment that should not be pulled-out from the Center but to be used exclusively for the Tech4ED Project’s purposes;

5.10 Allow and ensure the operation of the Tech4ED Center from Monday to Friday, for at least eight (8) consecutive hours, ideally from 1 o’clock in the afternoon until 9 o’clock in the evening; on Saturdays from 9 o’clock in the morning to 5 o’clock in the afternoon and on Sundays from 12 o’clock in the morning to 5 o’clock in the afternoon in accordance with Tech4ED Center operations guidelines;

5.11 Ensure that each computer shall be readily available and functional for the use of the target market, scholars/training participants or END-USER for at least the prescribe operational days in a year for the duration of this Agreement;

5.12 Ensure the availability of service center or computer technicians within the area who shall promptly address the report/complaint of the user and do preventive maintenance against such items, but not limited to, viruses, malware and like, on a quarterly basis;

5.13 Prepare and submit to DICT the monthly incident management report of complaints and incidents escalated by the target market of ENF-USER/s with information on the actions taken by the service center or technicians and the corresponding response time;

5.14 Shoulder the costs of monthly operating expenses such as salaries of the Tech4ED Center Manager and other personnel, electric. Internet and telephone bills, supplies and materials and other incidental expenses for the continuous operation of the Tech4ED Centers;

5.15. Use the fees to be collected exclusively to ensure the sustainability of the Tech4ED Centers for the entire duration of this Agreement;

5.16. Institute and spearhead the advocacy and promotional activities for the dissemination of the Tech4ED Centers existence and service offering to the community;

5.17. Promote the Tech4ED Centers and the RIS Program on the LGU website, and regularly update with relevant news and accomplishments of the centers;

5.18. Pass a Resolution through its Local Legislative Body specifically indicating thereat the LGU’s intent to establish and sustain the Center’s operations notwithstanding any change in the LGU’s Leadership;

5.19. Indentify information and service needs of the community and facilitate the development of relevant and local content and the delivery of appropriate gove3rnment services through its partners and alliances among and between local communities and government agencies;

5.20. Submit the Center’s Operational Plan within two(2) months and a Monthly Status Report for the first six(6) months after the establishment and consequently on a quarterly basis or as prescribed by the DICT for regular evaluation and assessment of the Center’s progress and performance; and

5.21. Reimburse cost of training and all other costs for technical services availed of in the event of termination or withdrawal as partner beneficiary of the project.

 

SECTION 6. OTHER PROVISIONS

The cost for repair and maintenance of equipment covered by this Agreement shall be borne by the LGU upon the effectivity of this Agreement and the Deed of Donation.

 

SECTION 7. FUNDING

This Agreement shall be subject to the availability of funds under the literacy program of the LGU and other resources of the parties. The cost of the activities and the performance of Parties respective responsibilities shall be for the separate accounts of the Parties. The parties warrant that it has the funding to pursue and comply with the obligations and responsibilities found in this agreement.

SECTION 8. DONATION

The DICT shall donate the following equipments in favor of the LGU:

Equipment:                                                      Total Cost

Eight (8) ASUSLaptop with                               Php281,440.64

Eight (8) Laptop Locks

One (1) Brother 3-in-1 printer

One (1) HK Vision CCTV Camera

One (1) Router-TP LINK

Training:

Relevant management and technical training for the Tech4ED knowledge workers, Rural Impact Sourcing Technical Training and Orientation on the Tech4ED Project with the LGU Tech4ED Team.

Moreover, the costs for additional technical service and other service requests by the LGU not covered under this Agreement shall be borne by the LGU and be subject to the DICT’s approval.

SECTION 9. DURATION AND EFFECTIVITY OF THE MOA

Upon signing of this MOA, such shall be deemed as an act of acceptance of the donee on the equipment as provided under Sec. 8. This Agreement shall take effect upon the signing of the parties hereto and shall be valid for ten (10) years unless earlier terminated or revoked or cancelled with or without cause by giving thirty(30) days prior written notice to the other party.

SECTION 10. MONITORING AND COMPLIANCE

The parties shall mutually monitor the adherence and compliance of their counterparty. Any lapse or breach of obligations shall be brought to the attention of the other through notices under these addresses:

 

DICT FOO Mindanao Cluster III
DICT Building
F. Torres St., Davao City

 

City Government of Tagum
J.V. Ayala Avenue
Apokon, Tagum City, Davao del Norte

 

The parties agree to settle issues, lapses and breaches of obligations through internal negotiations. However, if issues, lapses and breach continue for three(3) consecutive events and notices, the offended party may, as a matter of right given and agreed to in this Agreement, remove any or all contributions to this endeavor and rescind this agreement.

SECTION 11. TERMINATION

Upon expiration of the period of this Agreement, the Parties may renew the same subject to the evaluation of the performance of the centers established hereunder. Sixty (60) days prior to the end of this Agreement, the Parties shall discuss whether the project should continue of shall be terminated, extended or under a new agreement subject to the requirements of the law.

In case of non-renewal of this Agreement or termination for lawful and justifiable cause, the equipment and technology/platform used for the subject Tech4ED project shall be immediately returned to its rightful owners, the costs of the retrieval, removal and/or return thereof shall be for the separate accounts of the parties.

This Agreement can be pre-terminated on the ground that upon periodic evaluation by the DICT and/or the LGU, it has been determined that the Center is not performing within the standard set by the same for the Tech4ED project and/or violations and/or non-performance of any of the responsibilities enumerated herein have been committed. In such a case, both party may agree to immediately stop using the platform, solutions, technology and brand of Tech4ED project and shall no longer be a part of the project. The termination of this Agreement shall not relieve both parties from any liabilities.

SECTION 12. NON-PERFORMANCE

An unjustifiable delay by the LGU in the performance of its obligations shall entitle the other party to cause the termination of this Agreement. The effective date of termination shall be ten (10) days after receipt of such Notice.

If, at any time, during the execution of this Agreement, either party should encounter conditions which tend to jeopardize or imperil its performance obligation hereunder, such party shall promptly notify the other party in writing the facts of the delay, its likely duration and the causes. As soon as practicable after receipt of the Notice, the other party shall evaluate the situation and determine as follows;

12.1. If the failure to perform is with justifiable cause, the parties shall agree on the extension of time to perform the obligations or the deliverables. This Agreement shall not be terminated; and

12.2. If the cause is due to fortuitous event or force majeure and thus, beyond the control of the party, the parties shall agree on the extension of time for such performance and this Agreement shall not be terminated.

SECTION 13. RELATIONSHIP

13.1. There is no employee-employer relationship or principal-agency between DICT and the LGU;

13.2. The relationship between the Parties shall be that of a grantor-usufructuary on the platform, solutions, technology and brand and nothing contained in this Agreement shall be deemed to continue a partnership, joint venture between the Parties, or a merger of their assets or their fiscal and other liabilities or undertaking. Neither Party shall have the right to bind the other Party, except as expressly provided for herein;

13.3. The employees of the DICT and the LGU shall remain their respective employees. Any liabilities and obligation emanating from the employer-employee relationship of their respective parties shall be solely shouldered by their respective employers; and

13.4. The Tech4ED Center Managers and other personnel of the Tech4ED Centers shall remain the employees of the LGU. Any liabilities and obligations emanating from such employer-employee relationship shall solely for the account of of the LGU.

SECTION 14. SETTLEMENT OF DISPUTES

In case of disputes, claims and controversies due to non-compliance with the terms of this Agreement, the Parties agree to submit voluntary arbitration before resorting to court action following the pertinent provisions of Presidential Decree No. 242, “Prescribing the Procedure for Administrative Settlement or Adjudication of disputes, Claims and Controversies between or Among Government Office, Agencies and Instrumentalities, Including Government-Owned or Controlled Corporation, and for Other Purposes”.

SECTION 15. SEPARABILITY CLAUSE

Should any stipulations, provisions or any part of this Agreement be declared unenforceable or void by an order or judgment by any court or tribunal, the other stipulations and provisions shall not affected and shall remain.

SECTION 16. AMENDMENTS

At any time while this Agreement is in effect, the Parties may mutually agree to modify, revise or amend in writing the existing terms and conditions or requirements of this Agreement as circumstances may warrant. Any modification, revision or amendment hereto shall become valid and binding only when the same is in writing and signed by both Parties;

SECTION 17. ASSIGNMENT AND SUCCESSION

This Agreement shall be binding upon and inure to the benefit of both parties and their respective successors and permitted assignees. However, neither party may assign or delegate its rights and duties hereunder without the prior consent of the other party.

SECTION 18. GOVERNING LAW

The validity of this Agreement and the construction of its terms and conditions, interpretation and enforcement of the rights and duties of the Parties shall be governed by the Laws of the Republic of the Philippines.

SECTION 19. VENUE

The exclusive venue of all court actions or request for interim measures, should this become necessary, shall be in the court in the Philippines.

IN WITNESS WHEREOF, the Parties have signed this Memorandum of Agreement with Deed of Donation in the place and on the date stated herein.

 

Done this ____ day of _______________, 2017 at Tagum City, Davao del Norte, Philippines

 

DEPARTMENT OF INFORMATION AND   CITY GOVERNMENT OF TAGUM
COMMUNICATION TECHNOLOGY

 

ALIMBZAR P. ASUM                                                      ALLAN L. RELLON, DPA, PhD
Cluster Director, DICT Field Operation Office               City Mayor

 

Signed in the presence of:

ACKNOWLEDGEMENT

 

BEFORE ME, a Notary Public for an in the above jurisdiction, this ____ day of ______________, 2017, personally appeared;

NAME GOVERNMENT ID DATE & PLACE OF ISSUE
ALIMBZAR P. ASUM
ALLAN L. RELLON

Known to me to be the same persons who executed the foregoing Memorandum of Agreement with Deed of Donation which consist of ____ (  ) pages, including this page in which the acknowledgement is written, signed by the parties and their instrumental witnesses at the spaces herein provided and acknowledged to me that the same is their free act and deed.

 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on this ____ day of _______________________, 2017.

Doc. No. ______
Page No, ______
Book No. ______
Series of 2017

 

 

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)