A RESOLUTION AUTHORIZING THE LOCAL CHIEF EXECUTIVE, HON. ALLAN L. RELLON, DPA, PhD., TO ENTER INTO AND SIGN FOR  AND IN BEHALF OF THE CITY GOVERNMENT UNIT OF TAGUM WITH THE DEPARTMENT OF AGRICULTURE FOR THE PROCUREMENT OF MOTOR VEHICLE FOR DOG POUND USE FUNDED UNDER THE NATIONAL LIVESTOCK BANNER PROGRAM CY 2017.

 

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

BEFORE THE 7th CITY COUNCIL

 

EXCERPT FROM THE MINUTES OF THE 73rd REGULAR SESSION OF THE 7th CITY COUNCIL OF TAGUM, PROVINCE OF DAVAO DEL NORTE HELD ON DECEMBER 4, 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. RONALD S. ELIOT,            RMP                            Member

Hon. JAN DMITRI S. SATOR,                              Member

Hon. TRISTAN ROYCE R. AALA, MDMG,           Member

Hon. ESTER L. ANGOY,                                     Member

Hon. JOSE JOEDEL T. CAASI, MDMG,              Member

Hon. DAMIANO L. CIPRO,                               Member                       (IP Representative)

ON OFFICIAL BUSINESS:

Hon. MACARIO A. BERMUDEZ, II,                     Member

Hon. REY CYRIL T. ALBA                                   Member

ON SICK LEAVE:

Hon. PROSPERO E. ESTABILLO, JR.,                   Member                       (ABC Representative)

ON LEAVE:

Hon. ROBERT L. SO,                                          Member

RESOLUTION NO. 821, s-2017

 

A RESOLUTION AUTHORIZING THE LOCAL CHIEF EXECUTIVE, HON. ALLAN L. RELLON, DPA, PhD., TO ENTER INTO AND SIGN FOR  AND IN BEHALF OF THE CITY GOVERNMENT UNIT OF TAGUM WITH THE DEPARTMENT OF AGRICULTURE FOR THE PROCUREMENT OF MOTOR VEHICLE FOR DOG POUND USE FUNDED UNDER THE NATIONAL LIVESTOCK BANNER PROGRAM CY 2017.

 

WHEREAS, last November 30, 2017, the City Planning and Development Office received a call from the Department of Agriculture – Regional Office XI offering set of projects and funding for our various agricultural endeavors amounting to more or less 800 Thousand Pesos, to be sourced from their CY 2017 Livestock Banner Program savings;

WHEREAS, December 1, 2017, the Chief of Field Operations Division of the Department of Agriculture-Regional Field Office XI, visited the City Planning and Development Office to provide a list of enabling documents to be complied in order to avail of the funding and that the latter must be submitted to the DA-RFO XI within December 11-15, 2017 otherwise such funds shall be reverted back to the Department of Agriculture – Central Office;

WHEREAS, as to this date, the office of the City Mayor certified this request as urgent since there is a cut-off date to process said memorandum of agreement;

WHEREAS, the City Government of Tagum is very thankful to the Department of Agriculture for all the support extended to the city most especially this motor vehicle which shall be used for the dog pound and other services to be administered by the City Veterinary Office;

WHEREAS, due to its urgency, the Members of the Sangguniang Panlungsod unanimously supported this resolution hence the passage of this legislation in second and final reading;

NOW THEREFORE, be it resolved by the Sangguniang Panlungsod of Tagum to authorize the local chief executive, Hon. Allan L. Rellon, DPA, PhD to enter into and sign for and in behalf of the City Government Unit of Tagum the Memorandum of Agreement with the Department of Agriculture for the Procurement of Motor Vehicle for Dog Pound Use funded under the National Livestock Banner Program CY 2017.

RESOLVED FURTHER, that the Memorandum of Agreement shall be read as follows;

 

 

MEMORANDUM OF AGREEMENT

FOR THE PROCUREMENT OF MOTOR VEHICLE FOR DOG POUND USE FUNDED UNDER THE NATIONAL LIVESTOCK BANNER PROGRAM CY 2017

KNOWN 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 ENGR. RICARDO M. OÑATE, JR. hereinafter referred to as the  “DA-RFO XI”;

-and-

The CITY GOVERNMENT OF TAGUM, a local government unit with postal address at City Hall Building, Rizal Street, Tagum City, Davao del Norte, represented by its Hon. Mayor ALLAN L. RELLON, hereinafter referred to as the “CLGU of TAGUM”;

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 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, RA 7160 or 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 DA is implementing projects under LIVESTOCK PROGRAM in which the general objectives are development of agribusiness lands,  reduction of production costs (e.g. wage goods) through productivity enhancement, increase livestock production , ensure availability, accessibility and affordability of livestock products, increase the incomes of livestock farmers , ensure the compatibility of practices with environmental standards, transform the livestock industry from a resource-based to a technology-based, work for the global competitiveness and provide a conducive policy environment;

WHEREAS, one of the components under LIVESTOCK PROGRAM is the AGRICULTURAL AND FISHERY MACHINERY, EQUIPMENT AND FACILITIES SUPPORT SERVICES wherein specific MACHINERY/IES, EQUIPMENT, and/or FACILITY/IES will be provided as GRANT to Farmer Organizations (FOs) and/or Local Government Units (LGUs);

WHEREAS, the City Veterinary’s Office (CVO) is the agricultural arm of the LGU and as active partner of DA RFO XI supports and undertakes activities to promote the development of the livestock and poultry industry 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 CLGU of Tagum has signified its intent to avail the fund amounting to SEVEN HUNDRED FORTY FIVE THOUSAND NINE HUNDRED FIFTY TWO (Php 745,952.00) intended for the PROCUREMENT OF MOTOR VEHICLE also known as PROJECT;

WHEREAS, the CLGU of Tagum, is identified most in need of and qualified to receive/has the technical capability to operate and manage the PROJECT and is willing to collaborate in the implementation of the PROJECT;

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

 

ARTCLE I
RESPONSIBILITIES OF THE PARTIES

1. The DA-RFO XI shall:

a.)   Transfer to the CLGU of TAGUM a total amount of SEVEN HUNDRED FORTY FIVE THOUSAND NINE HUNDRED FIFTY TWO (Php 745,952.00) for the Project as allocated in the Work and Financial Plan, which form as integral part hereof;

b.)   Require the CLGU of TAGUM to issue official receipt as acknowledgement for the receipt of the said fund transfer;

c.)    Conduct regular monitoring and inspection/evaluation in partnership with City Veterinary’s Office to ensure utilization of the PROJECT;

d.)   Demand from the CLGU of TAGUM the return/refund of the full amount released should any of the following occurs:

1.       Misappropriations of the funds without prejudice to the filling of administrative and/ or criminal charges as circumstances may warrant;

2.       Non – compliance with any provision stated in this agreement;

3.       Commission of any act inconsistent with the spirit and avowed intent of this agreement.

 

2. The CLGU of Tagum shall:

a)     Submit to DA RFO XI through the City Veterinary’s Office all the requirements related to the PROJECT;

b)     Issue an official receipt equivalent to the amount / funds received from DA RFO XI;

c)      Utilize the fund in accordance with the Work and Financial Plan and keep and maintain financial and accounting records for said fund in accordance with the existing accounting and auditing rules;

d)     Allow and assist visitorial audit of COA Resident Auditor and or authorize official to perform the audit under approved office order;

e)      Submit to DA RFO XI the fund utilization and audited liquidation report certified by the accountant, duly approved by the CLGU Mayor;

f)        Return/Refund to DA RFO XI any amount that remains unused after the completion of the Project including any disallowed amount after financial audit;

g)     Shoulder the cost for the notarization of this contract;

 

ARTICLE II
Miscellaneous Provisions

1.       This Agreement shall be binding upon DA RFO XI and CLGU of Tagum, and their respective succeeding officers, employees and authorized personnel.

 

2.       This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and shall supersede any prior expressions of intent or understanding with respect to the transaction.

3.       In the event that any provision of this Agreement or any portion thereof is declared invalid or ineffective by a court of competent authority, the rest of the provisions thereof not affected shall remain in full force and in effect.

 

ARTICLE III
Effectivity and Termination

This Agreement shall take effect upon signing hereof and shall continue to be in full force and effect until the Five (5) years.

 

ARTICLE IV
Amendments

The amendments, modifications or alterations to this Agreement shall be valid or binding for either party unless otherwise expressed in writing and executed with the same formality as this Agreement.

IN WITNESS WHEREOF, the parties through their duly authorized representatives hereunto affixed their signatures this _______day of _________________________ 201__, Philippines.

 

DEPARTMENT OF AGRICULTURE                         CITY GOVERNMENT OF

Regional Field Office XI                                               TAGUM CITY

 

ENGR. RICARDO M. OÑATE, JR.                                   ALLAN L. RELLON, DPA, PhD.

OIC-Regional Executive Director                                                             City Mayor

Signed in the presence of

 

MARIE ANN M. CONSTANTINO                                                JESUS G. EDULLANTES

Regional Livestock Program Coordinator                                                   City Veterinarian

 

RONALD S. ELIOT
Chair, Committee on Agriculture

 

FUND AVAILABILITY:

 

LIGAYA B. SEROY, CPA
Regional Accountant

ACKNOWLEDGEMENT

 

 

REPUBLIC OF THE PHILIPPINES

CITY OF ______________           ) S.S.

 

In Davao City, Philippines this _________day of _________________________, 201__ before me a Notary Public in and for the said City personally came and appeared before me:

 

NAME                                                  GOVT. ISSUED ID NO.   ISSUED BY         ISUED AT          

 

ENGR. RICARDO M. OÑATE, JR.           Gov’t Office ID No.: 199   DA RFO XI   Davao City

ALLAN L. RELLON, DPA, PhD.               _________________________                _____________

 

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

This instrument consisting of ___ page/s 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.

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

 

Doc. No. __________

Page No. _________

Book o. ___________

Series of 2017

 

RESOLVED FURTHERMORE, that copies of this resolution be furnished to the Department of Agriculture, Office of the City Veterinary, City Planning and Development Office and all offices concerned for their information and guidance.

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)