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 THE ACQUISITION OF IRRIGATION EQUIPMENT AMOUNTING TO THREE HUNDRED TWENTY THOUSAND EIGHT HUNDRED EIGHTY PESOS (Php 320,880.00) UNDER THE RICE PROGRAM OF THE DEPARTMENT OF AGRICULTURE – REGIONAL FIELD OFFICE XI (DA-RFO XI) 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 6th SPECIAL SESSION OF THE 7th CITY COUNCIL OF TAGUM, PROVINCE OF DAVAO DEL NORTE HELD ON DECEMBER 29, 2017 AT THE SPSESSION HALL.

PRESENT:

Hon. GETERITO T. GEMENTIZA, MDMG,       City Vice Mayor (Presiding Officer)

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

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

ON OFFICIAL BUSINESS:

Hon. EVA LORRAINE E. ESTABILLO,                               Member

Hon. MACARIO A. BERMUDEZ, II,                    Member

Hon. REY CYRIL T. ALBA,                                  Member

ON SICK LEAVE:

Hon. ROBERT L. SO,                                                            Member

RESOLUTION NO. 857, 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 THE ACQUISITION OF IRRIGATION EQUIPMENT AMOUNTING TO THREE HUNDRED TWENTY THOUSAND EIGHT HUNDRED EIGHTY PESOS (Php 320,880.00) UNDER THE RICE PROGRAM OF THE DEPARTMENT OF AGRICULTURE – REGIONAL FIELD OFFICE XI (DA-RFO XI) CY 2017.

WHEREAS, PresidentRodrigo 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 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,“ACQUISITION OF IRRIGATION EQUIPMENT AMOUNTING TO THREE HUNDRED TWENTY THOUSAND EIGHT HUNDRED EIGHTY PESOS (Php 320,880.00) UNDER THE RICE PROGRAM OF THE DEPARTMENT OF AGRICULTURE – REGIONAL FIELD OFFICE XI (DA-RFO XI) CY 2017 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 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 the acquisition of irrigation equipment amounting to Three Hundred Twenty Thousand Eight Hundred Eighty Pesos (Php 320,880.00) under the Rice Program of the Department of Agriculture – Regional Field Office XI (DA-RFO XI) CY 2017.

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

MEMORANDUM OF AGREEMENT

FOR THE ACQUISITION OF IRRIGATION EQUIPMENT AMOUNTING TO THREE HUNDRED TWENTY THOUSAND EIGHT HUNDRED EIGHTY PESOS (Php 320,880.00) UNDER THE RICE PROGRAM 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 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 Executive 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 City Mayor, Hon. ALLAN L. RELLON, DPA, PhD., hereinafter referred to as the “CLGU OF TAGUM”.

WITNESSETH:

            WHEREAS, President 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 to have access to technologies in order to improve the handling, storage, processing and marketing of agricultural products;

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

WHEREAS, the CLGU 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; and
  2. Has submitted to DA RFO XI liquidation reports of previous fund transfer dulyverified by COA.

WHEREAS, the DA RFO XI poses no objection to the request of assistance by the CLGU OF TAGUM 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 the ACQUISITION OF IRRIGATION EQUIPMENT hereinafter referred to as “PROJECT” located at the City Agriculture Office, Energy Park, Apkon, Tagum City, Davao del Norte with an estimated project allocation amounting to THREE HUNDRED TWENTY THOUSAND EIGHT HUNDRED EIGHTY PESOS (Php 320,880.00).

ARTICLE II

RESPONSIBILITIES OF THE PARTIES

  1. The DA RFO XI shall:
  1. Evaluate and review all project documents required from the LGU for approval;
  2. Conduct project site validation, verify accuracy of submitted documents and assess the feasibility of the project whenever necessary;
  3. Release in full to the LGU the amount of THREE HUNDRED TWENTY THOUSAND EIGHT HUNDRED EIGHTY PESOS  (Php 320,880.00) as funds for the Project;
  4. Conduct regular monitoring to ascertain the progress of the project through its appointed inspector or focal person of the project.

2. The CLGU OF TAGUM shall:

  1. Identify the location of the project most appropriate to the area or distinct coverage including the qualified recipient of the project;
  2. Open/maintain a Special Trust Account (STA) in Government Bank supported with a certificate;
  3. 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;
  4. Issue official receipts to DA-RFO XI corresponding to the amounts transferred and released to it;
  5. Submit monthly physical accomplishment reports to DA-RFO XI;
  6. 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;
  7. Submit Certificate of Completion and Acceptance signed by the Local Chief Executive and technical audit report duly signed by the LGU resident auditor; and,
  8. Shoulder the notarization cost of this document.

ARTICLE III

MISCELLANEOUS PROVISIONS

  1. 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).
  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 IV

EFFECTIVITY AND TERMINATION OF THE AGREEMENT

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

ARTICLE V

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:   ALEJANDRO P. YADAO                                               HAROLD S. DAWA, AE OIC – Chief Field Operations Division                        City Agriculturist  
  RONALD S. ELIOT
  Chairperson, Committee on Agriculture  

Funds Availability:

LIGAYA B. SEROY, CPA

Regional Accountant

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, DPA, PhD.    

Known to me to be the same persons who executed the foregoing Memorandum of Agreement consisting of __ page/s, 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)