MEMORANDUM OF AGREEMENT. KNOW AlL MEN BY THESE PRESENTS:

Transcription

1 MEMORANDUM OF AGREEMENT KNOW AlL MEN BY THESE PRESENTS: This MEMORANDUM OF AGREEMENT made and entered into this of in General Santos City, Philippines, by and between: day The LOCAL GOVERNMENT UNIT OF GENERAL SANTOS CITY, with office address at City Hall Building, General Santos City, represented hereby by the City Mayor,. hereinafter referred to as the FIRST PARTY and The NOTRE DAME BUSINESS RESOURCE CENTER FOUNDATION, INC. (NDBRCFI) operating the MARIST TECHNICAL TRAINING PROGRAM, (MTTP) with office address at Notre Dame of Dadiangas University, Marist Avenue, General Santos City, represented herein by its President BRO. ROBERT B. McGOVERN, FMS, hereinafter referred to as the SECOND PARTY WITNESSETH WHEREAS, by virtue of Article II, Section 23 of the Philippine Constitution and Section 34 of Republic Act otherwise known as the Local Government Code, the partnership of government organizations (GOs) and non-government organizations (NGOs) and jor people's organizations (POs) has been institutionalized; WHEREAS, through this partnership, the GOs may extend government funds to NGOsjPOs for the implementation of GO programsjprojectsjactivities (PPAs) subject to the provision of Commission on Audit Circular No , Series of 2007 entitled "Revised guidelines in the granting, utilizations, accounting and auditing of funds released to NGOsjPos; WHEREAS, the Local Government Unit (LGU) of General Santos City intends to implement SKilLS TRAINING FOR INDIGENT OUT-OF-SCHOOL YOUTHS to be located at NOTRE DAME OF DADIANGAS UNIVERSITY, with project cost amounting to FIVE HUNDRED SIXTY - TWO THOUSAND FIVE HUNDRED PESOS (Php 562,500.00) having FOUR HUNDRED FIFTY THOUSAND PESOSS (Php 450,000.00) as LGU counterpart and participation equity in the form of Salary & Wages, Computer Unit Transportation Expense & Basic Utilities (Communication, Water & Power) equal to ONE HUNDRED TWELVE THOUSAND FIVE HUNDRED PESOS (Php 112,500.00) WHEREAS, the MARIST TECHNICAL TRAINING PROGRAM, after having complied with the requisites for entitlement of government funds based on Section 4.4 of COA Circular No , Series of 2007 and met the criteria for selection on the requirements and specifications of the project to be undertaken, was accredited and awarded by the Special Project Screening Committee to implement the SKilLS TRAINING FOR INDIGENT OUT-OF-SCHOOL YOUTHS; 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

2 Article I PROJEG DESCRIPTION, OBJEGIVES, INTENDED BENEFICIARIES, EXPECTED OUTPUT, COST SCHEDULE OF FUND RELEASES The SKILLS TRAINING FOR INDIGENT OUT -OF-SCHOOL YOUTHS is specifically addressed to ages preferably high school graduates who are financially not capable of pursuing studies and are interested in acquiring employable skills. It is intended to help the poor youths of the community to become good citizens, effective workable person to augment their family income and be productive individuals. Skills Training for Indigent Out of School Youths will benefit 30 indigent out of school youths by providing training opportunities with linkages from various agencies and provide opportunities for employment. The project will commence on June School Year and end on March School Year Article II PROCEDURES AND GUIDEUNES ON PROJEG 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 disbursements must be authorized and approved by the heetd of the SECOND PARTY 4. The SECOND PARTY must disburse the funds through the issuance of checks. 5. The SECOND PARTY shall use a transaction document such as a Check Voucher for check disbursement Cash Voucher for cash payments out of the said fund. 6. The SECOND PARTY requires a certificate of acceptance or a distribution list duly acknowledged by the intended beneficiaries who are distributed and provided with the goods and senices 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. Regular monitoring shall be undertaken by the FIRST PARTY through the Project Monitoring Committee of the City Development Council. The City Social Welfare & Development Office can at anytime undertake monitoring of project implementation. Article IV DUTIES, RESPONSIBIUTIES, AND OBUGATIONS OF THE FIRST PARTY The FIRST PARTY shall: I. Shall release to the SECOND PARTY, upon the availability of funds, the amount of FOUR HUNDRED FIFTY THOUSAND PESOSS (Php 450,000.00) representing 80% of the total project cost as shown below:

3 Tuition Fee Transportation Total Amount Period Schedule of Assistance Covered Release Php 375, Php 75, Php School Year Upon June availability of March 2014 funds (as indicated in the Project Design, Project Proposal andj MOA) 2. Assess and recommend Out - of - School Youth to the Second Party for possible inclusion to the project 3. Cross all checks issued covering the release of funds to the SECOND PARTY for deposit to its current accounts; 4. Conduct periodic inspection, evaluation and close monitoring of PPA implementation, and verification of financial records and reports of the SECOND PARTY; 5. Accepts the completed project after the final inspection and evaluation are conducted 6. Demand the refund of unused funds or savings after project completion; 7. Demand the refund of disallowed amounts after financial audit; 8. 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; 9. Have a lien over the assets, up to the unexpended or unutilized portion of fund, in case of the dissolution of the SECOND PARTY; and 1 0. Within 1 5 days from the completion of the project City Planning & Development Office (CPDO) conducts Final Validation and a Certificate of Acceptance of Program 1 Project Completion shall be issued by the Office of City Mayor, 1 1. The City Accounting Office verifies the validity of the fund utilization against all documents that supports the project implementation and completion. 12. Records the verified and validated fund utilization into the books of accounts. ArticleV DUTIES, RESPONSIBIUTIES AND OBUGA TIONS OF THE SECOND PARTY 1. Provides an equity participation equivalent to 20% of the total project cost in the form of Administrative Support;Program as shown in the approved project designjproposal as indicated below: Salary & Wages, Computer Unit Transportation Expense & Basic Utilities (Communication, Water & Power) 2. Conduct screening to the recommended Out - of - School Youth by the First Party based on the established criteria of the Second 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 STRIGLY 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 shall be subject to the audit and examination by the FIRST PARTY and he Commission on Audit 8. Submits to the LGU the required financial and physical reports at the completion of the project 9. Within Sixty (60) days upon completion of the project liquidate LGU funds granted by submitting duly audited financial statements and status reports: a. Fund Utilization Report and its supporting documents b. Inspection Report c. Certificate of Project Completion d. List of beneficiaries with their acceptance; acknowledgement of the projectjfundsj goods/ services received; 1 0. Return any amount not utilized to complete the project including interest if any; Article VI AUDIT AND EXAMINATION OF THE COMMISSION ON AUDIT AND ITS FUNGIONS To ensure the accountability for the fund granted to the SECOND PARTY and to determine the accountability relationship between the parties herein, both parties hereby agree to allow the Commission on Audit and its auditors to conduct visitorial audit of the fund assistance in accordance with laws and regulations. COA audit shall cover the following: 1. Ascertaining the LGU's compliance with the accreditation, awarding and monitoring procedures; 2. Ascertaining the LGU's compliance with the provisions of COA Circular No ; 3. Ascertaining the compliance by both the LGU and the NGOjPO of the provision of the MOA entered between them; 4. Ascertaining the economy, efficiency and effectiveness of the fund utilization; and 5. Validating of the receipt of the benefits, such as services, goods, or funds by the intended beneficiaries.

5 Article VII UMITATIONS ON USE OF FUND RELEASED TO SECOND PARTY The fund shall be used SOLELY for the project based on an approved project 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: I. Money market placement time deposits 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 equipments and motor vehicles of the FIRST PARTY; and 4. Acquisition of assets of the SECOND PARTY unless specifically stipulated in this MOA. Article VIII OTHER TERMS AND CONDITION Section I Section 2 Section 3 Section 4 Period of the Memorandum of Agreement This Memorandum of Agreement shall be in force ancj effect upon the Completion of the Project on or before December 3 I, 20 I 3. In case of trainees' drop - out due to valid reasons (death, illness, accident excessive absences, tardiness or any detrimental acts of omission after proper evaluation made by the Second Party), the First Party is entitled to recommend a replacement to the dropped-out trainee until the month of July only. The parents of the dropped out trainee will have to pay the tuition fee and other expenses incurred during the period of training to the City Government as stipulated in the Memorandum of Agreement signed by the parent and the trainee. 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. Venue of Action The parties hereto agree that in the event of litigation arising from failure of project completion or any material violation related to this Memorandum of Agreement the venue, for the purpose hereto, shall be laid within the exclusive jurisdiction of competent court of law in General Santos City.

6 In WITNESS HEREFORE, the PARTIES have hereto affixed their signatures this dayof 2013 NOTRE DAME BUSINESS RESOURCE CENTER LOCAL GOVERNMENT UNIT OF GENERAL SANTOS CITY Represented by: BRO. ROBERT B. MGOVERN, FMS NDBRCFI President City Mayor Signed in the Presence of: REBECCA V. MAGANTE, RSW CGDH II, CSWDO ENGR. NAEL JOSEPH D. CRUSPERO CGDH II CPDO ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES) CITY OF GENERAL SANTOS) S.S x x BEFORE ME, a Notary Public this day of at General Santos City, personally appeared with Community Tax Certificate No. issued at General Santos City on and BRO. ROBERT B. MGOVERN, FMS with his 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 20 I 3