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MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:


EIKEEN JOY P. DARAUAYMD

This Agreement is entered into this _____day of


__________________________ 2015, in Tuguegarao City, Cagayan by and
Doctors to the Barrio

between:

The DEPARTMENT OF HEALTH, Regional Office II with office address


at Maharlika Highway, Carig Norte, Tuguegarao City, Cagayan, represented by
VALERIANO JESUS V. LOPEZ, MD, MPH, MHA, CESO IV in his capacity as
DIRECTOR IV, hereinafter referred to as FIRST PARTY;

-and-

The LOCAL GOVERNMENT UNIT OF SANTO TOMAS, with office address


JOSE T. GUMPAL, CPA

at Santo Tomas, Isabela, herein represented by HON. LEANDRO ANTONIO P.


TALAUE, in his capacity as Municipal Mayor, hereinafter referred to as the
SECOND PARTY;
Accountant III

WITNESSETH

WHEREAS, the 16th Congress appropriated the amount of P 237,726,000.00


under Republic Act (RA) 10651 known as General Appropriation Act (GAA) of 2015,
AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE GOVERNMENT
OF THE REPUBLIC OF THE PHILIPPINES FROM JANUARY ONE TO DECEMBER
THIRTY ONE TWO THOUSAND FIFTEEN, AND FOR OTHER PURPOSES;
LEANDRO ANTONIO P. TALAUE

WHEREAS, the DOH through the Office of the Secretary issued Department
Order No. 2014-0071 dated April 14, 2014 : Guidelines for the Release and
Municipal Mayor

Utilization of Funds to Cover the Health Facilities Enhancement Program (HFEP)


Projects to Regional Offices for allocation to the different LGU Facilities;

WHEREAS, the objectives of the Government Health Facility Upgrading


Project under the CY 2014 Health Facilities Enhancement Program are:
1. To ensure the achievement of the health system goals of better health
outcomes, sustained health financing and responsive health system ensuring
that all Filipinos especially the disadvantaged group in the spirit of solidarity,
VALERIANO JESUS V. LOPEZ, MD, MPH, MHA,CESO IV

have equitable access to affordable health care;


2. To improve access to quality hospital and other health care facilities through
accelerated upgrading of public health facilities;

WHEREAS, included in the lists of funded Bottom Up Budgeting (BUB)


Civil Works Projects for the year 2015, the amount of One Million Pesos
(P1,000,000.00) is allocated to the Local Government Unit of Santo Tomas,
Isabela for HEALTH FACILITIES ENHANCEMENT PROGRAM “TAHANANG
PANGKALUSUGAN” in Santo Tomas, Isabela in the amount of
P1,000,000.00.

WHEREAS, in reference to Department Order No. 2014-0072 dated April


Director IV

2014: Guidelines on the Implementation of the Health Facility Enhancement


Program for CY 2014 under Item III General Guidelines, Section B. Infrastructure
Procurement No. 5 which states that “the Regional Health Office may transfer funds
to the LGU at least 50% of the total project cost before the start of
repair/rehabilitation/expansion upon satisfaction of the criteria stipulated in the given
Department Order;

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WHEREAS, the Local Government of Santo Tomas, Isabela is willing to
assist the First Party in the implementation of the Project;

WHEREAS, the Local Government of Santo Tomas, Isabela has the


capacity and capability to implement the said projects by administration;
EIKEEN JOY P. DARAUAYMD

WHEREAS, the Local Government of Santo Tomas, Isabela has


Doctors to the Barrio

submitted their previous liquidation report of the transferred expenditures and


cleared of financial obligations;

NOW, THEREFORE, in consideration of the foregoing premises and


stipulations herein set forth, the Parties hereto agree and do hereby agree as
follows:

A. FUND UTILIZATION
JOSE T. GUMPAL, CPA

The funds covered by the Civil Works Project for Renovation of four
Barangay Health Station particularly in ________________________,
Accountant III

_____________________________, ____________________________ and


________________________ must be accounted by December 31, 2015.

B. RESPONSIBILITIES OF THE FIRST PARTY

The responsibilities of the First Party are:


LEANDRO ANTONIO P. TALAUE

1. Approves Schematic Plans and issues the necessary Permit to Construct


(PTC);

3. Evaluates and approves Detailed Architecture and Engineering Design


Municipal Mayor

(DAED), Plans, Technical Specifications, Detailed Cost Estimates, Scope of


Work, Bill of Quantities, Approved Budget for the Contract, and all other
documents for bidding and award of infrastructure project following the GPPB
Procurement Act (RA 9184).

4. Monitors the progress of infrastructure/construction on a regular basis and act


promptly on any request for arbitration or for variation orders in construction
and equipment works;
VALERIANO JESUS V. LOPEZ, MD, MPH, MHA,CESO IV

5. Ensures that the necessary certificates and licenses when applicable are
issued promptly to facilitate upgraded level of health of health facilities;

6. Suspends the work wholly or partly by written order due to the grounds
specified under Annex “E” of the revised IRR of R.A. 9184;

7. Terminates the contract pursuant to revised IRR of R.A. 9184 in cases of


default, unlawful act or insolvency of the contractor provided that in the event
of insolvency of herein contractor, such termination will not prejudice or affect
any right of action or remedy which has accrued or will accrue thereafter to the
First Party and/or contractor;
Director IV

8. Together with the Local Government of Santo Tomas, Isabela, conduct final
inspection / commissioning and acceptance of the project prior to submission
of “Acceptance Report” for final payment.

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9. The DOH ROII shall submit to the Regional DBM the details of the project/s
contracts as reference for advance and progress payments based on RA 9184
and its IRR;

C. RESPONSIBILITIES OF THE SECOND PARTY:


EIKEEN JOY P. DARAUAYMD

The responsibilities of the Local Government Unit are:


Doctors to the Barrio

1. Ensures that the Schematic Plans of the Infrastructure projects are made
according to existing DOH standards for facility licensing and
development;

2. Submits Detailed Architectural and Engineering Design (DAED), Program


of Work (POW), Detailed Breakdown of Estimates, Plans and
Specifications of the projects duly signed (Prepared / submitted by the
concerned LGU-Technical Staff, Checked / Reviewed by the DOH ROII –
JOSE T. GUMPAL, CPA

Infra Staff, Concurred (Municipal Health Officer of the Facility) and Co-
Approved by the DOH ROII- Regional Director;
Accountant III

3. Responsible for the procurement activities (Public Bidding, Awarding and


Contracting) of purchase of materials and procurement of labor in
accordance with the provisions and stipulations of RA 9184 as Revised
and its Implementing Rules and Regulations (IRR); towards this, the
Second Party shall invite representative from the First Party during the
conduct of all procurement activities particularly in the implementation of
this CY 2014 HFEP Projects;
LEANDRO ANTONIO P. TALAUE

4. Submits to the First Party the result of the procurement activities (Public
Bidding) with the corresponding copy of approved Notice of Award (NOA)
to the winning contractor as basis of Fund Releases;
Municipal Mayor

5. Ensures the smooth and orderly implementation / execution and submits


monthly progress report (Physical/Financial accomplishment) of the
projects to DOH-ROII;

6. Assures the DOH ROII that the supervision of the project is


following the highest Standards for materials control, safety, and
quality assurance, by assigning the Municipal Engineer or his
equivalent to supervise the works;
VALERIANO JESUS V. LOPEZ, MD, MPH, MHA,CESO IV

7. Schedules monthly project coordination meeting with the DOH ROII, End-
User, Contractor and others that are involve to tackle issues and concern
relative to the smooth implementation of the project;

8. Attend monitoring/consultative and coordination meetings called by the


DOH ROII and raise observation/s to the DOH ROII requiring correction
and revisions in the construction;

9. Raise to the DOH ROII for arbitration, any conflicts in construction;


Director IV

10. Together with the DOH ROII, conduct final inspection / commissioning and
certify the completion of the project prior to submission of “Certificate of
Acceptance/Turn Over Report” to the DOH ROII for final payment;

11. Ensures the proper operation and maintenance of the health facilities and
assures that the main purpose for what it was funded should be pursued;
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EIKEEN JOY P. DARAUAYMD

12. The Local Government Unit of Santo Tomas, Isabela to assure the
Doctors to the Barrio

DOH ROII of continuous operation by providing manpower to supervise


the delivery of basic health services and for the former to allocate the
necessary budget for the same to sustain the operation and functionality
of the health facilities and equipment.

D. TERMS OF PAYMENT

1. PROGRESS PAYMENT
JOSE T. GUMPAL, CPA

1.a. The First Party shall endorse to the DBM the written request of the Local
Government Unit of Santo Tomas, Isabela for progress payments on the
Accountant III

basis of “percentage of completion” upon submission of Statement of Work


Accomplishment for payments to the contractor. Such request for payment
shall be verified and certified by the Government Project Engineer concerned
and the DOH RO II-HFEP Engineers/City Engineer;

1.b. Submit monthly status reports of physical and financial accomplishments


to the Northern Luzon and Central Luzon Cluster; copy furnished the DOH-
NCFHD and the Finance Services;
LEANDRO ANTONIO P. TALAUE

1.c. Ensures that the Project completes as programmed reckoning from the
project starting date and its completion date as reflected in the S-Curve;
Municipal Mayor

1.d. Submits to the First Party Liquidation Report duly verified by the Auditor
for releases made to the Second Party. NO REPORT. NO RELEASE POLICY.

E. AMENDMENTS

1. No modifications of this Memorandum of Agreement (MOA) or any part thereof


shall be made except upon execution of a written instrument duly signed by
VALERIANO JESUS V. LOPEZ, MD, MPH, MHA,CESO IV

both parties;

2. Should circumstances necessitate the revision of the agreements embodied in


this MOA, the concerned parties shall, prior to such revision, coordinate in the
process of revision and grant a reasonable grace period of implementation of
said revision.

F. TERMINATION

This agreement shall continue to be valid and binding unless terminated by


the First party through a written notice to the Second party for its failure to comply
with the implementation of the project reckoning from the project starting date and its
Director IV

completion date.

G. EFFECTIVITY

This Memorandum of Agreement shall take effect upon the signing by


authorized representatives of the respective parties.

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IN WITNESS WHEREOF, the Parties have affixed their hands this
__________ day of __________________________, 2015 at
______________________________, __________________.

For the Department of Health For the Local Government Unit


of Santo Tomas

VALERIANO JESUS V. LOPEZ, MD, MPH, MHA, CESO IV LEANDRO ANTONIO P. TALAUE
DIRECTOR IV Municipal Mayor

Signed in the Presence of:

JOSE T. GUMPAL, CPA EIKEEN JOY P. DARAUAY, MD


Accountant III Doctors to the Barrio

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ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )


CITY OF TUGUEGARAO ) S. S
PROVINCE OF CAGAYAN )

SUBSCRIBED AND `SWORN TO BEFORE ME, the following personally appeared


this
_________day of ________________, 2015 at
______________________________________.

NAME Government Issued ID Date Issued/Place of Issue

1. VALERIANO JESUS V. LOPEZ _____________ ________/________


2. LEANDRO ANTONIO P. TALAUE _____________ ________/________

Known to me to be the same persons who executed the foregoing document,


consisting of six (6) pages including this page on which this acknowledge is written
and signed by the parties on every page thereof and acknowledged to me that the
same is their free act and deed.

WITNESS MY HAND AND SEAL, the day, year and place above written.

__________________________
(Notary Public)
PTR No.:
Until :

Doc. No. _________


Page No. _________
Book No. _________
Series of 2015