A RESOLUTION AUTHORIZING THE CITY MAYOR, HON. ALLAN L. RELLON, DPA, PhD, TO SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM, THE MEMORANDUM OF AGREEMENT WITH THE DEPARTMENT OF AGRICULTURE – REGIONAL FIELD OFFICE XI (DA-RFO XI) FOR AN ADDITIONAL FUNDING FOR THE ACQUISITION OF TECHNICAL AND SCIENTIFIC EQUIPMENT AMOUNTING TO FIFTY-SIX THOUSAND SEVEN HUNDRED FIFTY PESOS (Php 56,750.00).

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

BEFORE THE 7th CITY COUNCIL

EXCERPT FROM THE MINUTES OF THE 75th REGULAR SESSION OF THE 7th CITY COUNCIL OF TAGUM, PROVINCE OF DAVAO DEL NORTE HELD ON DECEMBER 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. TRISTAN ROYCE R. AALA, MDMG,           Member

Hon. ESTER L. ANGOY,                                     Member

Hon. ROBERT L. SO,                                          Member

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

ON OFFICIAL BUSINESS:

Hon. RONALD S. ELIOT,            RMP                            Member

Hon. JAN DMITRI S. SATOR,                              Member

Hon. REY CYRIL T. ALBA                                   Member

Hon. JOSE JOEDEL T. CAASI, MDMG,              Member

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

RESOLUTION NO. 830, 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, THE MEMORANDUM OF AGREEMENT WITH THE DEPARTMENT OF AGRICULTURE – REGIONAL FIELD OFFICE XI (DA-RFO XI) FOR AN ADDITIONAL FUNDING FOR THE ACQUISITION OF TECHNICAL AND SCIENTIFIC EQUIPMENT AMOUNTING TO FIFTY-SIX THOUSAND SEVEN HUNDRED FIFTY PESOS (Php 56,750.00).

 

WHEREAS, last December 08, 2017, the City Planning and Development Office received a call from the Department of Agriculture – Regional Office XI offering an additional funding for the acquisition of technical and scientific equipment amounting to Fifty-Six Thousand Seven Hundred Fifty ( P 56,750.00), to be sourced from their CY 2017 Agricultural Equipment savings;

WHEREAS, President Rodrigo R. Duterte’s 10-Point Socioeconomic Agenda encourages the promotion of rural and value chain development toward increasing agricultural and rural enterprise productivity and rural tourism;

WHEREAS, the DEPARTMENT OF AGRICULTURE (DA), through its mandate and under Republic Act (AFMA) of 1997 provides postharvest, infrastructure, equipment and facilities to enable small farmers and fisherfolks to have access to technologies in order to improve the handling, storage, processing and marketing of agricultural products;

WHEREAS, the City Government of Tagum through its City Agriculture’s Office (CAGRO) in their effort to continue its effective and efficient Farm Mechanization Services for the farmers, submitted a letter of intent to DA RFO XI for the project entitled “ADDITIONAL FUNDING FOR THE ACQUISITION OF TECHNICAL AND SCIENTIFIC EQUIPMENT AMOUNTING TO FIFTY-SIX THOUSAND SEVEN HUNDRED FIFTY PESOS (Php 56,750.00) to Local Government Units (LGU)” hereinafter referred to as the PROJECT;

WHEREAS, DA RFO XI acted favorably and identified the City Government of Tagum as qualified to receive the same;

WHEREAS, the City Government of Tagum is grateful for this amount which shall be used by the City Agriculture Office for the purpose stipulated in their letter of intent;

NOW THEREFORE, be it resolved by the Sangguniang Panlungsod of Tagum to authorize a the City Mayor, Hon. Allan L. Rellon, DPA, PhD, to sign for and in behalf of the City Government of Tagum, the Memorandum of Agreement with the Department of Agriculture – Regional Field Office XI (DA-RFO XI) for an additional funding for the acquisition of technical and scientific equipment amounting to Fifty-Six Thousand Seven Hundred Fifty Pesos (P 56,750.00).

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

 

MEMORANDUM OF AGREEMENT

FOR AN ADDITIONAL FUNDING FOR THE ACQUISITION OF TECHNICAL AND SCIENTIFIC EQUIPMENT AMOUNTING TO FIFTY-SIX THOUSAND SEVEN HUNDRED FIFTY PESOS (Php 56,750.00) FUNDED UNDER THE DEPARTMENT OF AGRICULTURE – REGIONAL FIELD OFFICE XI (DA-RFO XI) CY 2017.

 

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement entered into by and between:

The DEPARTMENT OF AGRICULTURE, through the DA-Regional Field Office XI, a government agency created and existing under the Republic of the Philippines with office address at F. Bangoy St., Davao City, represented herein by its OIC-Regional Director, ENGR. RICARDO M. OÑATE, JR. hereinafter referred to as the “DA-RFO XI”;

-and-

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

 

WITNESSETH:

WHEREAS, President Rodrigo R. Duterte’s 10-Point Socioeconomic Agenda encourages the promotion of rural and value chain development toward increasing agricultural and rural enterprise productivity and rural tourism;

WHEREAS, a well thought strategy to reduce poverty incidence in the country is the implementation of Agricultural Programs, Projects and Activities that aims to ensure food security, poverty alleviation, rural enterprise productivity, rural tourism and sustainable growth. It helps to promote the production, processing, marketing and distribution of agricultural products;

 WHEREAS, the DEPARTMENT OF AGRICULTURE (DA), through its mandate and under Republic Act (AFMA) of 1997 provides postharvest, infrastructure, equipment and facilities to enable small farmers and fisherfolks to have access to technologies in order to improve the handling, storage, processing and marketing of agricultural products;

WHEREAS, the CITY LOCAL GOVERNMENT UNIT OF TAGUM through its EAGLE WINGS Development Thrust is intensifying and strengthening its resources for Agriculture, Fisheries & Environmental Development.

WHEREAS, the CITY LOCAL GOVERNMENT UNIT OF TAGUM:

1.       Has the technical capabilities/capacities to implement the project as determined by DA such as the presence of knowledgeable technical staff, availability of functional equipment and good track record or performance on project implementation;

2.       Recipient of Department of the interior and Local Government’s (DILG) Good Financial Housekeeping (GFH) for FY 2014-2015 assessment;

3.       Completion of the assessment of its Public Financial Management (PFM) System required by Department of Budget and Management (DBM); and

4.       Non-liquidated cash advance from DA.

WHEREAS, the DA-RFO 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;

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

 

ARTICLE I
The Project

Parties agree to and signify their intention to undertake ADDITIONAL FUNDING FOR THE ACQUISITION OF TECHNICAL AND SCIENTIFIC EQUIPMENT hereinafter referred to as “PROJECT” located at the City Agriculture Office, Energy Park, Brgy. Apokon, Tagum City, Davao del Norte with a total project cost amounting to FIFTY-SIX THOUSAND SEVEN HUNDRED FIFTY PESOS (Php 56,750.00).

ARTICLE II
RESPONSIBILITIES OF THE PARTIES

 

1.       The DA-RFO XI shall:

 

a.      Evaluate and review all project documents required from the LGU for approval;

b.      Conduct project site validation, verify accuracy of submitted documents and assess the feasibility of the project whenever necessary;

c.      Release in full to the LGU the amount of Fifty-Six Thousand Seven Hundred Fifty Pesos (Php 56,750.00) as its counterpart fund accounts;

d.      Record all transactions related to the fund utilization in a separate book of accounts and;

e.      Conduct regular monitoring to ascertain the progress of the project through its appointed inspector or focal person of the project.

 

2. The LGU shall:

 

a.      Identify the location of the project most appropriate to the area or distinct coverage including the qualified recipient of the project;

b.      Open/maintain a Special Trust Account (STA) in Government Bank supported with a certificate;

c.      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 DA-RFO XI relative to the implementation of the project;

d.      Issue official receipts to DA-RFO XI corresponding to the amounts transferred and released to it;

e.      Submit monthly physical accomplishment reports to DA-RFO XI;

f.        Submit to DA-RFO XI the full liquidation report duly certified by the LGU resident auditor and approved by the Local Chief Executive after project completion. Any unused DA-RFO XI funds after completion of the project shall be returned to DA-RFO XI including disallowed amount after financial audit and/or to be utilized for furtherance of the project as requested by the Local Chief Executive and approved by the Regional Director of DA-RFO XI;

g.      Submit Certificate of Completion and Acceptance signed by the Local Chief Executive and technical audit report duly signed by the LGU resident auditor;

h.      Shoulder the notarization cost of this document.

 

ARTICLE III
PENALTIES AND SANCTIONS

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

1.       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.

 

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

 

1.       Suspend project implementation if any of the following occurs:

 

a.      DA-RFO XI finds out during the conduct of review and monitoring activities of projects of the following:

a.1 Procurement of any contract is inconsistent with the provision of RA 9184

a. 2 LGU unsatisfactorily performance in the implementation/execution of project or irreversible slippage in the implementation; and

a. 3 Reported wrong-doing from stakeholders in the locality/project site

 

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

Recipient LGU 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 LGU had been duly notified.

 

ARTICLE IV
GENERAL PROVISIONS

Prior to any judicial action arising out of or related to this agreement, the parties agree to undergo the administrative settlement and arbitration proceeding as prescribed in Book IV- The Executive Branch, Chapter 14-Controversies Among Government Office and Corporation, Section 66-70 of the Executive Order No. 292 (Administrative Code of 1987).

 

ARTICLE V
EFFECTIVITY AND TERMINATION OF THE AGREEMENT

This Memorandum of Agreement shall take effect upon signing thereof of both parties; the implementation shall begin immediately, and shall continue to be valid within a period of (1) year upon completion and turn-over the Project, or until written notice is given by either party thirty (30) days prior to the fulfillment of the term and conditions embodied herein.

 

ARTICLE VI
MODIFICATION OR AMENDMENTS

No modification or amendment to this agreement and the approved project documents shall be allowed without the written consent of both parties involves. All amendment(s) that will be appended to this agreement shall be in writing and must be delivered to the address of the parties indicated herein.

IN WITNESS WHEREOF, the authorized representatives of the parties have signed this document at the places and on dates indicated below.

 

Department of Agriculture RFO XI                                               Local Government Unit – Tagum City
F. Bangoy St., Davao City

RICARDO M. OÑATE, JR.                                                                  ALLAN L. RELLON, DPA, PhD
OIC – Regional Director                                                                                City Mayor

Signed in the presence of:

HAROLD S. DAWA, AE                                                                       RONALD S. ELIOT
City Agriculturist                                                                                          Chair, Committee on Agriculture

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
RICARDO M. OÑATE, JR.    
ALLAN L. RELLON

Known to me to be the same persons who executed the foregoing Memorandum of Agreement consisting 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)