wieon a vieceased 112 \ DATE: o “BY: apr 1% Indorsement December 01, 2020 Respectfully forwarded to Councilor Ralph O. Abella, Chairperson, Committee ‘on Agricutture and Food, Sangguniang Panlungsod, this City, the nerein Memorandum of Agreement to be entered into between the Department of Agriculture RFO-XI and the City Government of Davao for the project entitled “Production of Tissue Culture Banana Cardaba Plantlets and Upgrading of Tissue Culture Laboratory” under the Bayanihan II-Act, and the iegai Opinion irom tine City Legai Oifice for the required iegisiative authority in order for the City Mayor to the sign the MOA. For appropriate action. 2S. LEO BRIAN D. LEUTERIO Officer-in-Charge 5 Scanned with CamScannerRepublic of the Philippines City of Davao b Office of the City Legal Officer LEGAL OFINIpR REF. NO. 1131-. 0 00 He ~ 2 Series of _ RE: PROPOSED MEMORANDUM OF AGREEMENT TO BE ENTER DEPARTMENT OF AGRICULTURE FOR THE PRODUCTION OF TISSUE CULTURE BANANA CARDABA PLANTLETS AND UPGRADING OF TISSUE CULTURE LABORATORY PROJECTS UNDER THE BAYANIHAN-I ACT November 25, 2020 Respectfully returned to the OFFICE OF THE CITY AGRICULTURIST, through MR. LEO BRIAN D. LEUTERIO, OFFICER-IN-CHARGE, the documents attached hereto relative to the above subject with the information that the proposed MOA is legally permissible as mandated by Section 25(b) of the RA No. 7160 or the Local Government Code of 1991, to wit: “SECTION 25. (b) National agencies and offices with project implementation functions shall coordinate with one another and with the local government units concerned in the discharge of these functions. They shall ensure the participation of local government inits both in the planning and implementation of said national projects. IN VIEW OF THE FOREGOING, it is hereby recommended that the matter be forwarded to the Sangguniang Panlungsod for the required legislative authority in order for the City Mayor to sign the MOA. APPROVED: ATTY. OSMUNDO P--VILLANUEVA, Jr. Assistant City Legal Officer, OIC ol sRIBYRLRIS a * RECEIVED Scanned with CamScannerRef. No. O1G 24 gQicul Ting xo Oxy, GBD (> RELEASED. \ @aTe: \ Hix} 18 Indorsement Nv fp ] November 16, 2020 Respectfully forwarded to Atty. Osmundo P. Villanueva, Jr, Chief, City Legal Office, the Memorandum of Agreement to be entered into between the Department of Agriculture RFO-XI and the City Government of Davao for the project entitled production of Tissue Culture Banana Cardaba Plantlets and Upgrading of Tissue Culture Laboratory” under the Bayanihan II — Stimulus Package for Agriculture seeking legal opinion and recommendation to authorize the City Mayor to enter into and sign for and in behalf of the City Government. a . LEO BRIAN D. LEUTEBIO Officer-in-Charge Scanned with CamScannerRef. No. 1% Indorsement November 16, 2020 Respectfully forwarded to Atty. Osmundo P. Villanueva, Jr., Chief, City Legal Office, the Memorandum of Agreement to be entered into between the Department of Agriculture RFO-XI and the City Government of Davao for the project entitled “Production of Tissue Culture Banana Cardaba Plantlets and Upgrading of Tissue Culture Laboratory” under the Bayanihan II — Stimulus Package for Agriculture seeking legal opinion and recommendation to authorize the City Mayor to enter into and sign for and in behalf of the City Government. LEO BRIAN D. LEUTERIO Officer-in-Charge #4, Scanned with CamScannerMEMORANDUM OF AGREEMENT PRODUCTION OF TISSUE CULTURE BANANA CARDABA IN SUPPORT TO INDUSTRY DEVELOPMENT PROGRAM IN REGION XI AMOUNTING TO FIVE MILLION PESOS (Php 5,000,000.00) FUNDED UNDER (DA - RFO XI) THE BAYANIHAN II - STIMULUS PACKAGE FOR AGRICULTURE 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 Regional Executive Director, ENGR. RICARDO M. , 3R. hereinafter referred to as “DA - RFO Xi”. -and- ‘The CITY LOCAL GOVERNMENT UNIT OF DAVAO, a Local Government Unit with office address at City Hail Drive, Davao City represented herein by its Honorabie City Mayor, SARA Z. DUTERTE, in her official capacity as City Mayor duly empowered to enter into, sign and execute the Memorandum of Agreement in behalf of the City Government of Davao, hereinafter referred to as "LGU - DAVAO CITY”. WITNESSETH: WHEREAS, the DA-RFO XI, in support through Republic Act No. 11494 also known as the Bayanihan'To Recover as One Act of 2020, allocated funds to support the banana indusiry in the “ines io increase tie country’s food adequacy fevei during the y emergency situation resulting from the Covid-19 pandemic; WHEREAS, the DA RFOXI, will implement nationwide the Duterte administration’s Plant, Plant, Plant Program” or “Ahon Lahat, Pagkaing Sapat (ALPAS) Laban sa Covid-19” program to benefit farmers, fishers and consumers; WHEREAS, the DA RFOXI, project aims to develop and strengthen the Cardaba industry in Davao City and enhance food production and income of small growers during and post-COVID times; WHEREAS, the DA RFOXI, 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, the DA, continues implementing much-needed interventions to match the scale of the challenges posed by the Covid-19 pandemic in the entire country to ‘assure food availability and accessibility to all consumers through partnerships with local Scanned with CamScanner “AG O2e¢ D; Ove, mie, Yer ‘aticgovernment units, . roduc Organizations,” PYOSUCe" Soups, private sector food chain actos, and community WHE of Pabestees the LGU - DAVAO CITY signify its intention to receive funding in the AGRICULTU fancial grant under the BAYANIHAN II - STIMULUS PACKAGE FOR - RE Program for the Production Of Tissue Culture Banana Cardaba Plantlets and Upgrading Tissue Culture Laboratory in the Province/Municipality; WHEREAS, the LGU - DAVAO CITY has the technical capabilties/capacities to implement the project as determined by DA such as the presence of knowledgeable technical staff, good track record or performance on project implementation, and submitted to DA ~ RFO XI liquidation reports of previous fund transfer duly verified by CoA; WHEREAS, the DA - RFO XI poses no objection to the requ the LGU - DAVAO CITY and shall allocate the funds for the imp! proposed project; NOW THEREFORE, for and in consideration of the foregoing premises, the parties hereby agree on the following: jest of assistance by lementation of the ARTICLE I Responsibilities and Obligation of Parties 1. The Department of Agriculture — RFO XI shall: 1.1 Allocate and release the funds upon signing this Memorandum of Agreement in the total amount of FIVE MILLION PESOS (Php 5,000,000.00) by way of transfer of fund to LGU - DAVAO CITY to be used exclusively to finance the Production Of Tissue Culture Banana Cardaba Plantlets and Upgrading of Tissue Culture Laboratory, except as may be otherwise agreed. Payment under this Contract shall not exceed the amount allocated; 1.2 Evaluate Letter of Intent, Project Proposals, Work and Financial Plan, and other appurtenant documents and accordingly approved the same upon compliance to the required guidelines; 1.3. Reserve the right to withhold Fund Releases to LGU - DAVAO CITY once it determines that a substantial variance exists between the actual work to be accomplished based on the approved WFP. Any subsequent modifications/revisions of the WFP should be approved by the DA-RFO XI Regional Fxecutive Director. 14 Ensure the previous fund releases to LGU - DAVAO CITY are liquidated as not to disrupt subsequent Fund Releases. The Liquidation documents are duly verified and audited in accordance with NGAS and COA Circulars (94- 013 dated December 13, 1994 and 2012-001 par. three (3) dated June 14, 2012.) 1.5. Issue a Certification by the Chief of the DA Accounting Division stating that funds previously transferred to the LGU - DAVAO CITY has liquidated, Scanned with CamScannerPost-audited and accounted based on the Progress Billing mentioned in A-2 er COA Circular 2012-001; In accor objective, and the implementation of the pele ideale Mes Fnforce and adhere’stricly ta the provisions of COA Circular No. 94-013 and COA Circular No. 2012-001 on liquidation of fund transfer, Demand a Terminal Report from LGU - DAVAO CITY reflecting the amount Of the actual cost of the Project. The Liquidation documents should be duly audited in accordance with existing accounting rules as well as other relevant COA regulations with the concurrent submission and acceptance by the Project Coordinator and Fund Disbursement Report duly audited and Report of Physical Accomplishment of the project; 1.9. Demand from LGU = DAVAO CITY the return/refund of the full amount released should any of the following occurs under item 8-13. ‘© Misappropriation of funds without prejudice to the filing of administrative and/or criminal charges as the circumstances may warrant; + Non-compliance with any provision stated in this agreement; or «Commission of any act inconsistent with or contrary to the sprit and avowed intent of this agreement. 1.10 Return/refund to the Treasury; (a) portion of the fund remaining unused after the completion of the projects; and (b) any disallowed amount after the financial audit pursuant to Section 4 (g), COA Circular No. 94-013 dated December 13, 1994; 1.11 Institute legal action against the LGU - DAVAO CITY for failure to complete the project in accordance with this Agreement and for any material Violation of the provisions of this Agreement. ° 1.12 DA = RFO XI through HVCDP shall periodically monitor the operations of the PROJECT and evaluate its impact relative to its goals and objectives; and 1.13 Perform the other requirements and duties stated in COA Circular 2012-001, 2. The LGU - DAVAO CITY shall: 2.1 Submit the required documentary requirements such as Memorandum of Agreement, Letter of Intent, Project Proposal, and Work and Financial Plan subject for Approval of the DA-RFO XT; 2.2 Submit SB/SP Resolution authorizing the LCE to enter into MOA with DA- RFO XI; 2.3, Issue Official Receipt (OR) in the name of the DA Corresponding to the amount transferred and received in tranches; Maintain TRUST FUND account for the fund received from the DA - RFO XI; 2.4 Administer, manage and disburse the fund in accordance with ‘sound, financial and proper accounting procedures and in accordance with the approved project protocols; 2.5 Conduct periodic monitor iid evaluation to ascer the Progress/accomplishment of the Project and submit report on the status of the project to DA-RFO XI, Scanned with CamScannerARTICLE Ir GENERAL PROVISIONS N This Agr subjed. a Felrzied the) entire agreement of the parties with respect to the ener lall supersede any pric i inde dine ne tot ubersede any prior expressions of intent or 3, : ea ea that any provision of this Agreement or any portion thereof is declared if Or ineffective by a court of competent authority, the rest of the provisions fereof not affected shall remain in full force and in effect. ARTICLE IIT EFFECTIVITY AND TERMINATION OF THE AGREEMENT ‘The 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 one (1) year upon completion and turn-over the Center, or until written notice is given by either party thirty (30) days prior to the fulfilment of the term and condition embodied herein. ARTICLE IV 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. ARTICLE V OTHER PROVISIONS All parties hereby agree that in all matters relating to this MOA, whether during the subsistence or ater its termination, Including all matters concerning these provisions where any question, dispute or difference may rise, all partes shall opt to settie the issues and concerns on mutually beneficial arrangements, more so, in good faith, °< IN WITNESS WHEREOF, the authorized rey ntatives signed this document at the places and on dates indieated below, oo Scanned with CamScannerFor the Di ‘spartment of Agriculture RFO XI * Bangoy St., Davao City . ENGR. RICARDO M. ONATE, JR. Regional Executive Director Date: Place: Signed in the presence of: MERRIEL A. BERNARDO HVCDP Coordinator FUNDS AVAILABILITY: LIGAYA B. SEROY, CPA Regional Accountant For the Local Government Unit — Davao City SARA Z. DUTERTE City Mayor Date: Place: Signed in the presence of: LEO BRIAN D. LEUTERIO City Agriculturist Scanned with CamScannerACKNOWLEDGEMENT Repubii ic a Pavao aye Paippnes) ss * BEFORE ME, a Notary Public for and in the City of Davao, this day of ————___. 2020, personally appeared: mame Government Issued ID _Place/Date Issued NGR. RICARDO M. tu onare, 38 Dept. of Agriculture RFO XI ‘SARA Z. DUTERTE Davao City 2020 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 that of the parties they represent. This document, consisting of six (6) pages including this page where the Acknowledgement is written, has been signed by the Parties and their instrumental witness on each and every page thereof, sealed with my notarial seal. WITNESS MY HAND AND SEAL, on the date and the place first above written, page No.: Sates of 2020 Scanned with CamScanner