HON. GLENN D.
PRUDENCIANO
Vice Governor and Presiding Officer
And the Honorable Members of the Sangguniang Panlalawigan
THRU: ENGR. MIGUEL B. DIMALNAT JR., MNSA
Secretary to the Sangguniang Panlalawiagn
Ladies and Gentlemen,
Warmest Greetings!
The undersigned respectfully request this Sanggunian for an urgent grant of
authority to enter into a Memorandum of Agreement with National Power
Corporation (NAPOCOR) represented by its Chief Operating Officer,
__________for ______________________________________________.
Attached herewith is the copy of the memorandum of agreement for your
reference.
Your positive action for this request will be much appreciated.
Thank you very much.
Very truly yours,
JERRY U. DALIPOG
Provincial Governor
MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Memorandum of Agreement is made and entered into and executed this
______day of ________2020, at ______________________________________ by and
between:
The NATIONAL POWER CORPORATION, a government-owned and controlled
corporation duly organized and existing under and by virtue of RA 6395, as
amended, with office address at NPC Compound, Quezon Avenue corner BIR
Road, Diliman, Quezon City represented by its President and
CEO,_____________________________herein referred to as NPC;
-And-
The PROVINCIAL LOCAL GOVERNMENT UNIT OF IFUGAO with office
address at Poblacion South, Lagawe, Province of Ifugao, specially represented
by the Provincial Governor, HON. JERRY U. DALIPOG, hereinafter referred to
as the PLGU;
WITHNESSETH: That-
WHEREAS, by virtue of Presidential Decree (PD) No. 673, dated June
1969, reserved certain parcels of the Public Domain more particularly in Nueva
Ecija, Nueva Viscaya, Bontoc, Cagayan, Bulacan, Pangasina, Quezon, Laguna,
and withdrawn from sale and settlement particularly parcel 1 specified as
Magat Forest Reserve (MFR) and set aside as permanent forest reserve for the
purpose of protecting, maintaining, and improving its water yield for
hydroelectric purposes;
WHEREAS, the NPC manages about 4.300 hectares under existing
arrangement with the National Irrigation Administration (NIA) thru a MOA,
which covers portions of four (4) Barangays namely Sto. Domingo, Namnama,
Halag, and Itab in the Municipalities of Alfonso Lista and Aguinaldo, Ifugao;
WHEREAS, under the provision of the Electric Power Industry Reform
Act (EPIRA) Law Republic Act (RA) 9136, dated 8 June 2001, NPC is mandated
to implement watershed rehabilitation and protection measures through the
Universal Charge’s Environmental Charge (UC-CE) which could be utilized in
the expanded programs I the Magat Watershed;
WHEREAS, the Province of Ifugao is situated within the permanent
forest referred in the PD 673 as MFR comprising of 430,860 hectares, traversed
with rivers and tributaries that drains into the Magat Dam reservoir managed
by the NIA and NPC for irrigation and power generation;
WHEREAS, the Local Government of the Province of Ifugao recognizes
the significance of dense cover forest cover throughout the watershed to induce
and capture precipitation for the sustainability of water yield from its rivers
and tributaries that supply downstream requirements for irrigation and power
generation;
WHEREAS, the Local Government of the Province of Ifugao petitioned for
a share from the EPIRA’s UC-CE fund for watershed development and
rehabilitation of the headwater river systems within its area of jurisdiction;
WHEREAS, the Local Government of the Province of Ifugao, by virtue of
RA 46954 has a competent and capable organization to undertake environment
and forest management;
WHEREAS, in recognition of the PLGU Ifugao primary objective to
rehabilitate open and sparsely vegetated areas of the Magat sub-watershed of
the Province of Ifugao, NPC agrees to support the watershed and environmental
management programs for the management programs for the Magat Forest
Reserve (MFR) in order to assure effective and efficient policy and programs
implementation;
WHEREAS, the two parties hereby agree to enter into a Memorandum of
agreement which defines specific responsibilities and commitments.
NOW, THEREFORE, for and in consideration of the foregoing premises and of
the mutual covenants herein after set forth, the PARTIES hereby agree on the
following terms and conditions:
I. RESPONSIBILITIES OF NPC
1. Include in the WMD Annual Corporate Opening Budget (COB) the cost of the
project covered by the MOA between NPC and he PLGU of Ifugao estimated at
Twenty Four Million Two Hundred Twenty One Thousand Nine Hundred Forty
Pesos and 42/100 (P24,221,940.42) approved by ERC (per Case No. 2012-040
RC).
2. Issue check in favor of the PLGU–Ifugao equivalent to the total approved
budget amounting to Twenty Four Million Two Hundred twenty One Thousand
Nine Hundred Forty Pesos and 42/100 (P24,221,940.42) for the contract
comprising the approved project after compliance to all the pertinent
requirements based on the project Timetable as indicated in the attached
Project Implementation Plan (Annex “A”) in the utilization of UC-EC funds and
monitoring of the projects in implementation on chargeable thereof.
3. Keep and maintain a separate account in its books to record the transfer of
funds and other relevant transactions with the PLGU-Ifugao following the
appropriate COA regulations.
4. Issue official receipts for the funds returned or remitted to NPC by the
PLGU-Ifugao arising from the following:
a. Unused amount representing savings or difference between the ABC
and the Actual contract cost as awarded;
b. Interest earned on the Special Account maintained for the project from
the date of its opening, and
c. Refunded dis allowance, if any, owing to audit compliance by the
PLGU employees or in relation to the certificate of Settlement and
Balances (CSB) issued by the PLGU Auditor.
5. Provide available assistance to the PLGU in the formulation of work and
Financial Plan, in accordance with the guidelines prescribed by the Energy
Regulatory Commission (ERC);
6. NPC shall monitor and validate the implementation of the project in
coordination and assistance of the PLGU thru the PAENRO to ascertain that he
projects are implemented in accordance with he approved Project
Implementation Plan (PIP), work and Financial Plan (WFP), work program,
plan/design, and technical specifications;
7. NPC shall submit the projects reportorial documentary requirements to the
ERC, PSALM following the prescribed periods of report submission by NPC-
WMD.
II. RESPONSIBILITIES OF THE PLGU-IFUGAO
1. The PLGU shall prepare Work and Financial Plan based on the approval
of ERC Case No. 21012-040 RCF for the project covering detailed
activities and the corresponding estimated costs.
2. The PLGU shall open a Special Account exclusively meant for the project
covered by the MOA with NPC with its authorized government depository
bank preferably Land bank and submit Bank Certification as proof.
3. The PLGU shall receive the check issued by the NPC in its favor for
deposit to the Special Account and issue Official Receipt in
acknowledgment.
4. The PLGU shall administer, manage and disburse the funds received in
accordance with the approved Project Implementation Plan (PIP) and the
work and Financial Plan (WFP) and the prescribed accounting and
auditing procedures per COA Circular No. 94-013.
5. The PLGU shall ensure the proper approval by its authorized officer vis-
à-vis the disbursements of funds and charging against the Special
Account in accordance with the applicable government/COA auditing
rules and regulations.
6. The PLGU shall keep and maintain books of accounts to record receipt of
funds from NPC and for proper accounting of the use of funds.
7. The PLGU shall record suspension/disallowance in audit after receipt of
the CSB issued by its Auditor and requires its immediate settlement.
8. The PLGU of Ifugao shall submit to NPC the Report of Checks Issued
(RCI) and the Report of Disbursement (RD) duly signed by the Head of
the PLGU of Ifugao within ten (10) days after the completion of every
activity comprising the project using the prescribed Monthly Report of
Disbursement (Annex A). In order to account for the actual payments or
utilization of the transferred funds, only expenses actually paid exclusive
of the un-liquidated cash advance granted to its accountable Officers in
accordance with COA Circular No. 90-331 shall be taken up in the
reports.
9. The PLGU shall return/remit to NPC immediately upon notification the
funds arising from the following:
- Unused amount representing savings or difference between the
ABC and the actual contract cost as awarded;
- Interest earned on the Special Account maintained for the project
from the date of its opening; and
- Refunded disallowance, if any, owing to audit compliance by the
PLGU employees or in relation to the CSB issued by the PLGU
Auditor.
10. Use the funds solely for the intended activity/ies in accordance with the
applicable COA regulations. Administer, and manage, and disburse the
fund transfer in accordance with the approved project implementation
plan (PIP) and the work and financial plan (WFP) and the usual
accounting and auditing procedures with COA Circular No. 94-013.
11. The PLGU shall prepare the Annual Operations Plan and Budget for the
proposed projects based on the system of appropriations of the local
government, Project Implementation Plan (PIP) and work and Financial Plan
(WFP).
12. The PLGU shall supervise and monitor the progress of work during
project implementation.
13. The PLGU shall adopt measures and standards in the assessment and
completion of on-going and completed projects.
14. The PLGU shall submit documentary requirements to the NPC and ERC
as prescribed in the rulings of the petition.
15. The PLGU shall submit project Close-Out report to the NPC and ERC
prescribed in the rulings of the petition.
III. DISBURSEMENT OF FUND
The disbursement of fund from the NPC to the PLGU of Ifugao for the
implementation of the projects shall be 100% of the total project cost upon
compliance of the following documents:
a. Approved and notarized Memorandum of Agreement
b. Approved UC-CE Plan 9 projects
c. Approved Project Implementation Plan (PIP)
d. Approved Work and Financial Plan (WFP)
e. Documentation of Proposed Project sites
The following documents (authenticated copy) shall be submitted by the
PLGU of Ifugao to NPC once the projects have already stared:
a. Invitation for Public Bidding
b. Abstract of Bids
c. Notice of Award for the winning bidder
d. Contract for the project of the winning Bidder
e. Notice to proceed duly received by the contractor
f. Semestral progress report of the project duly certified by the Provincial
agriculture, Environment, and Natural Resources Office (PAENRO), LGU
Project Engineer, and approved by the Provincial Governor.
g. Annual Liquidation report verified and found correct by the audit team,
Commission on Audit (COA)
Upon 100% completion of the project, the following supporting documents
shall be submitted:
a. 100% physical and financial accomplishment of each project
implemented
b. Inspection report by the PLGU/TWG concurred by the Governor,
certificated project completion and acceptance duly signed by the PLGU
c. 100% liquidation report verified and found correct by the audit team
COA
d. Full documentation of the projects, to include maps, pictures, survival of
tress, reports of projects before, during and after completion.
IV. WORKING COMMITTEE
A Technical Working Group (TWG) composed of the NPC PLGU and the
PLGU Management Officers or their representatives shall be created to address
matters concerning the implementation of these UC-CE funded projects. The
TWG shall serve as a steering committee for coordination and implementation
and act as a clearing house over all activities in the implementation of the
PLGU UC-CE projects.
V. EFFECTIVITY
This Memorandum of Agreement (MOA) shall take effect immediately as
of the date hereof, and shall remain in force and effect until revoked by mutual
agreement of both parties. Any amendments of the responsibilities of this
agreement shall be mutually agreed upon by both parties.
IN WITNESS WHEREOF, the parties have hereto agreed and affixed their
signature on this ______day of ___________, 2020 at
____________________________ Philippines.
NATIONS POWER CORPORATION PLGU-IFUGAO
By: By:
_______________________ JERRY U. DALIPOG
President and CEO Provincial Governor
Signed in the presence of:
___________________________ ___________________________
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
S.S.
______________________City
Before me, a notary public for and in the _________, this ______day of
_________________2020 in the ________________________, personally appeared.
Name CTC No. Date/Place Issued
________________ _________________
JERRY U. DALIPOG ________________ _________________
Known to me to be the same person who executed the foregoing
instrument, and they acknowledged to me that the same is their free and
voluntary act and will.
This instrument consists of _______ including this page wherein the
acknowledgment is written, all pages required by both parties and their
instrument witnesses and they acknowledged to me that the same are their
free and voluntary act and deed and that the Corporation/Agency they
represent.
WITNESS MY HAND AND SEAL this _____ day of ________________2020 at
___________________________, Philippines.
NOTARY PUBLIC
Doc. No. __________
Page No. __________
Book No. _________
Series of 2020
