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 OF TAGUM A MEMORANDUM OF AGREEMENT (MOA) WITH THE DEPARTMENT OF AGRICULTURE REGIONAL FIELD OFFICE XI (DA-RFO XI) FOR THE PROCUREMENT OF MOTOR VEHICLE FOR DOG POUND USE AND OTHER ANIMAL WELFARE RELATED PROGRAMS 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 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. 845, 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 OF TAGUM A MEMORANDUM OF AGREEMENT (MOA) WITH THE DEPARTMENT OF AGRICULTURE REGIONAL FIELD OFFICE XI (DA-RFO XI) FOR THE PROCUREMENT OF MOTOR VEHICLE FOR DOG POUND USE AND OTHER ANIMAL WELFARE RELATED PROGRAMS FUNDED UNDER THE NATIONAL LIVESTOCK BANNER PROGRAM CY 2017.

WHEREAS, it is the primordial concern of the national government to promote the welfare of all terrestrial, aquatic and marine animals in the Philippines as enshrined in RA 8485 otherwise known as the Animal Welfare Act of 1998;

WHEREAS, one among the provisions of the above law pertains to the physical and psychological well-being of animals that includes but not limited to the avoidance of abuse, maltreatment, cruelty and exploitation of animals by humans by maintaining appropriate standards of accommodation feeding and general care, the prevention and treatment of disease and the assurance of freedom from fear, distress, harassment and unnecessary discomfort and pain, and allowing animals to express normal behavior;

WHEREAS, the City Government of Tagum is committed to provide support to the animal welfare program and shall designate an office and corresponding manpower complement and budgetary allocation subject to all existing governing laws;

WHEREAS, the Department of Agriculture Regional Field Office XI (DA-RFO XI) through its mandate under the above national law shall provide transport of such animals in any form of public transportation facility in order to provide maximum comfort while in transit and minimize if not totally eradicate the incidence of sickness and death, and prevent any cruelty from being inflicted upon the animals;

WHEREAS, the City Government of Tagum through the City Veterinary Office (CVO) in their effort to continue its effective and efficient animal welfare services for Tagumenyos had submitted a letter of intent to DA-RFO XI for the project entitled “Procurement of motor vehicle for dog pound use under the national livestock banner program for Local Government Units”;

WHEREAS, the City Government of Tagum is very thankful to the Department of Agriculture Regional Field Office XI 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 of Tagum a Memorandum of Agreement (MOA) with the Department of Agriculture Regional Field Office XI (DA-RFO XI) for the procurement of motor vehicle for dog pound use and other animal welfare related programs 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 AND OTHER ANIMAL WELFARE RELATED PROGRAMS 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, J.V Ayala Avenue, Brgy. Apokon, 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 LGU 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 LGU 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 LGU 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 LGU 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 LGU 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 LGU 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 acknowledged 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.
 

REY A. BUHION    

Secretary to the Sanggunian

 

ATTESTED AND CERTIFIED

              TO BE DULY ADOPTED:

 

 

GETERITO T. GEMENTIZA, MDMG

City Vice Mayor

(Presiding Officer)