MEMORANDUM OF AGREEMENT

Transcription

1 SPPR NO MEMORANDUM OF AGREEMENT KNOW All MEN BY THESE PRESENTS: This MEMORANDUM OF AGREEMENT made and entered into this ~~~~~~~~~ Day of 2013 in General Santos City, Philippines, by and between: The LOCAL GOVERNMENT UNIT OF GENERAL SANTOS CITY, with office address at City Hall Building, General Santos City, represented hereby by the City Mayor, HON. RONNEL c. RIVERA, hereinafter referred to as the FIRST PARTY. The ST. VINCENT STRAMBI HOME FOR THE AGED, INC. with office address at Purok Mangga Barangay City Heights, General Santos City, represented herein by Its Chairperson MINDA c. FALGUI, hereinafter referred to as the SECOND PARTY. WITNESS ETH WHEREAS, by virtue of Article. II, Section 23 of the Philippine Constitution and Section 34 of Republic Act 7160 otherwise known as the Local Government Code, the partnership of government organizations (GOs) and non-government organizations (NGOs) and/ or people's organizations (Pos) has been institutionalized; WHEREAS, through this partnership, the GOs may extend government funds to NGOs/Pos for the implementation of GO programs/projects/activities (PPAs) subject to the provisions of Commission on Audit Circular No , Series of 2007 entitled "Revised guidelines In the grantin& utilizations, accounting and auditing of funds released to NGOs/Pos; WHEREAS, the Local Government Unit (LGU) of General Santos City Intends to implement SOCIAL SERVICES FOR THE WELFARE AND DEVELOPMENT OF INDIGENT, ABONDONED AND NEGLECTED ELDERLY CITIZENS to be located at PUROK MANGGA BARANGAY CITY HEIGHTS, GENERAL SANTOS CITY, with project cost amounting to THREE HUNDRED TWELVE THOUSAND FIVE HUNDRED PESOS (Php 312,500.00) having TWO HUNDRED Flm PESOS (Php 250,000.00) as LGU counterpart and ST. VINCENT STRAMBI HOME FOR THE AGED, INC. shall provide Utility (Electricity & Water), Communication Expenses 1 Office Supplies, Transportation and Home Life Supplies as participation equity; WHEREAS, the ST. VINaNT STRMllBI HOME FOR THE AGED INC., after having complied with.the requisites for entitlement of government funds on Section 4.4 of COA Circular No , Series of 2007 and met the criteria for selection on the requirement and specifications of the project to be undertaken, was accredited and awarded by Special Project Screening Committee to Implement the SOCIAL SERVICES FOR THE WELFARE AND DEVELOPMENT OF INDIGENT, ABANDONED AND NEGLECTED ELDERLY CITIZENS. NOW, THEREFORE, for and in consideration of the foregoing premises, both parties hereby execute this agreement to undertake the following terms and conditions to wit: ARTICLE I PROJECT DESCRIPTION, OBJECTIVES, INTENDED BENEFICIARIES, EXPECTED OUTPUT, COST SCHEDULE OF FUND RELEASES The "SOCIAL SERVICES FOR THE WELFARE AND DEVELOPMENT OF INDIGENT, ABANDONED AND NEGLECTED ELDERLY OTIZENS will address the Issue of taking care of elderly constituents who are left unattended by their families. To some extent roaming around the city streets exposed to the elements threatening their own safety and well- being.

2 '. It aims to provide residential care and home life services, health and medical services, social and recreational activities; physical restoration and therapeutic services, spiritual services and mortuary assistance. The project will benefit 30 indigent, abandoned, neglected elderly aged 60 years old and above with the provision of an integrated services for their care shelter and protection. It will commence on April, 2013 and ends on December ARTICLE II PROCEDURES AND GUIDELINES ON PROJECT PROCUREMENT MANAGEMENT AND FUND DISBURSEMENT 1. Funds released by the FIRST PARTY shall be deposited by the SECOND. PARTY In a separate checking account. 2. Funds entrusted to the SECOND PARTY shall be disbursed in accordance with the specific purpose to where the funds are intended for. 3. All disbursement must be authorized and approved by the head of the SECOND PARTY. 4. The SECOND PARTY must disburse the funds through the issuance of checks. 5. The SECOND PARTY may grant a cash advance amounting to 10, to its designated Disbursing Officer for the establishment of Petty Cash Fund. 6. Purchases amounting to Pl, or less may be paid through Petty Cash Fund. 7. The SECOND PARTY prepare a Project Procurement Program approved by Its president/chairperson to be submitted to the FIRST PARTY. 8. Procurement of goods and services must be In accordance with the approved Project Procurement Program. 9. Procurement of goods and services amounting to more than Pl, must be canvassed from at least three (3) suppliers. A supplier with the most responsive bid and the lowest quoted price must be given the award. 10. The SECOND PARTY requires a certificate of acceptance or a distribution list duly acknowledge by the intended beneficiaries who are distributed and provided with the goods and services and submits it to the FIRST PARTY. ARTICLE Ill REPORTING, MONITORING AND EVALUATION SYSTEM At the start of project implementation, an initial project report shall be submitted by the SECOND PARTY to the FIRST PARTY following a proforma monitoring form to be provided by the FIRST PARTY. The City Social Welfare & Development Office can at anytime undertake monitoring of project implementation. Types of Report Initial Reoort Quarterly Physical and Financial Accomplishment Report Frequency At the start of project and or activities Last month of every quarter

3 . The FIRST PARTY shall:. ARTICLEIV DUTIES, RESPONSIBILmES, AND OBLIGATIONS OF THE FIRST PARTY 1. Released to the SECOND PARTY the funds In full amounting to Two Hundred Fifty Thousand Pesos (Php 250,000.00) representing 80% of the total project cost as shown In schedule below; Period covered by the Project Amount Schedule of Release April, December, 2013 P250, Cross all checks Issued covering the release offunds to the SECOND PARTY for deposit to its current accounts. 3. Conduct periodic inspection, evaluation and close monitoring of PPA Implementation, and verification of financial records and reports of the SECOND PARTY; 4. Accepts the complete project after the final Inspection and evaluation are conducted. 5. Demand the refund of unused funds or savings after project completion. 6. Demand the refund of disallowed amounts after flnanclal audit; 7. Institute legal action against the SECOND PARTY in case of failure to complete the project or for material violation of the provisions of this MOA. All legal and other related expenses shall be borne by the defaulting party; 8. Have a lien over the assets, up to the unexpected or unutilized portion of fund, in case of the dissolution of the SECOND PARTY; and 9. Within 15 days from the completion of the project, Qty Planning Development Office (CPDO) conducts final validation and the Certificate of Project Completion and or Acceptance shall be issued by the Office of the City Mayor. 10. The City Internal Auditor SeNlces verifies the validity of the fund against all documents that supports the project implementation and completion. 11. Records the verified and validated fund utilization into the books of accounts. ArtldeV DUTIES, RESPONSIBILITIES AND OBLIGATIONS OF THE SECOND PARTY 1. Provides an equity participation equivalent to 20% of the total project cost, in the form of Administrative Support as shown In the approved project design/proposal as indicated below: Utility, (Electricity and Water ), Comml4nication Expenses, Transportation Expenses, Office Supplies and Home Ufe Supplies. 2. Keep and maintain separate checking account for the fund received from the FIRST PARTY.

4 3. Disburse the fund in accordance with the procedure and guidelines as stipulated under Article II of this Memorandum of Agreement. 4. Spend the amount extended STRICTLY in accordance with the purposes identified in the Project Proposal subject to audit and examination of the Commission on Audit and the FIRST PARTY. 5. Adhere to the fund limitations a stipulated in Article VI of this Memorandum of Agreement. 6. Provide and distribute the goods and services to the intended beneficiaries as identified in. coordination with the City Social Welfare & Development Office; 7. Keep and maintain financial accounting records of the funds in accordance with Philippine Accounting Standards and be subject to the audit and examination by the FIRST PARTY and the Commission on Audit. 8. Submits to the Local Government Unit (LGU) the required financial and physical reports upon the completion of the project. 9. Fifteen (15) days before the schedule of next release of the project, liquidation LGU funds granted by submitting duly audited financial statements and state reports: a. Fund Utilization Report and its supporting documents. b. Inspection Report c. Certificate of Project Completion d. List of beneficiaries with their acceptant/acknowledgement of the project/funds/goods services r~eived. Article VI AUDIT AND EXAMINATION OF THE COMMISSION ON AUDIT AND ITS FUNCTIONS The fund shall be used SOLELY for the project based on an approval pr-0ject proposal. No portion of the funds shall be released before the signing of the MOA. No portion of the funds granted to the SECOND PARTY shall be used for the following: 1. Money market placement, time deposit or other forms of investment; Cash advance of any official of the SECOND PARTY; 2. Payment of salaries, honoraria and other form of allowances of the personnel of the FIRST PARTY or the SECOND PARTY who are not connected with the project. 3. Purchase of supplies, materials equipment and motor vehicles of the FIRST PARTY; and 4. Acquisition of assets of the SECOND PARTY unless specifically stipulated in this MOA. ArtldeVlll '.'TtfER nrms A~~ - ondition

5 ., '. '' Section 1 Period of the Memorandum of Agreement. This Memorandum of Agreement shall in force and effect Until completion of the project on December 31, Section 2 Amendments on the Work and Financial Plan (ANNEX A) In the course of the Implementation of the project, amendment(s) to the Work and Financial Plan (WFP) As the need demands shall be made upon prior consultation and agreement by both parties. Section 3 Venue of Action I The parties here agree that in the event of litigation arising from failure Of Project completion or ariv material violation related to this Memorandum of Agreement the venue, for the purpose hereto, shall be laid within the exduslve jurisdiction of competent court of law In General Santos City. In WITNESS HEREFORE, the PARTIES have hereto affixed their signatures the day of ---~2013. ST. VINaNT STRAMBI FOUNDATION INC. LOCAL GOVERNMENT GENERAL SANTOS CITY MINDA C. FALGUI Chairperson HON. RONNEL C. RIVERA Mayor of General Santos City Signed in the Presence of: REBECCA V. MAGANTE, RSW CGDH II, CSWDO ENGR. NAEL JOSEPH D. CRUSPERO CGDH II, DPDO ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES) CITY OF GENERAL SANTOS CITY) S.S. X X BEFORE ME, a Notary Public this day of 2013 at General Santos City, personally appeared RONNEL RIVERA, with his Community Tax Certificate No. Issued at General Santos City on and MINDA C. FALGUI with her Community Tax Certificate No issued at General Santos City on known to me to be same persons who executed the foregoing instrument and they acknowledged to me that the same is their free act and voluntary deed. WITNESS MY HAND AND SEAL Doc. No., Page No., Book No., Series of 2013.