MEMORANDUM OF AGREEMENT

Funding Assistance for the Informal Waste Sector of the Municipality of Barili

KNOW ALL MEN BY THESE PRESENTS:

The ENVIRONMENTAL MANAGEMENT BUREAU – DEPARTMENT OF

ENVIRONMENT AND NATURAL RESOURCES (EMB-DENR) Regional Office No. 7, a
government agency organized by and existing under the laws of the Republic of the Philippines,
represented in this agreement by ENGR. WILLIAM P. CUÑADO, Regional Director, with
office address at Green Plains Subdivision, Banilad, Cebu City, hereinafter referred to as the
First Party;

and

The MUNICIPALITY OF BARILI, a government agency organized by and existing under the
laws of the Republic of the Philippines, represented in this agreement by HON. MARLON F.
GARCIA, Municipal Mayor, with office address at Municipal Hall, Poblacion, Barili, Cebu,
hereinafter referred to as Second Party;

WITNESSETH

WHEREAS, the DENR is mandated to lead in the conservation, management,

development, and proper use of the country’s environment and natural resources, with a mission
to pursue sustainable development, enabling stakeholders’ participation in the protection,
conservation, and management of the environment and natural resources for the present and
future generations, and particularly, for its Environmental Management Bureau to ensure
attainment of an environmental quality that is conducive for present and future generations;

WHEREAS, the Ecological Solid Waste Management Act of 2000 (RA 9003), provides
for an ecological solid waste management program, creating the necessary institutional
mechanisms and incentives, and appropriating funds therefore, and for other purposes;

WHEREAS, for the furtherance of the objectives of RA 9003, the DENR shall establish
methods and other parameters for the measurement of waste reduction, collection and disposal;

WHEREAS, wastes, if not ecologically managed, cause the build-up of garbage,

pollution and public health concerns, degradation of the environment and potential hazards,
economic losses, contributing as well to global warming and climate change;

WHEREAS, Section 32 of RA 9003 states that the local government units shall share the
responsibility in the ecological management of materials toward waste diversion within their
territorial jurisdiction;

WHEREAS, the DENR recognizes the impact of an organized and intensive waste
recovery system and thus adopted it as part of its priority effort to clean-up the environment
ecologically as stipulated in RA 9003;
 WHEREAS, the DENR through its Central Office Solid Waste Management Division
has allocated funding assistance per regional office in the implementation of a Informal Waste
Sector (IWS) Assistance in the year 2017;

WHEREAS, the DENR through its Central Office Solid Waste Management Division
issued a memorandum to (EMB-DENR) Regional Office No. 7 dated June 9, 2017 containing the
terms of reference for the Informal Waste Sector (IWS) assistance;

NOW, THEREFORE, for and in consideration of these premises and the mutual
covenants herein contained, the Parties do hereby agree and bind themselves to collaborate in the
efforts for the implementation of the objectives of RA 9003, particularly to empower the
Informal Waste Sector that is recognized as a partner of the public and private institutions,
organizations and corporations in the promotion and implementation of the 3Rs (reduce, reuse,
and recycle) of solid waste management with the end in view of alleviating poverty.
Specifically, the Parties herein agree to the following roles and responsibilities in the
implementation of the project:

Section 1. Role of the First Party

1. Provide funding support in the amount of PhP 20,000.00 to the Second Party following
the Guidelines as per Section 2.1 of this agreement on the Utilization of the Funding
Assistance for the Informal Waste Sector;
2. Implement and utilize the funding assistance for the IWS through;
a. Provide Two (2) months allowance for eco aides/ ecoboys;
b. Procurement of two (2) tribikes for the segregated collection system per MRF;
3. Train deputized enforcers in the effective implementation of the project.

Section 2. Role of the Second Party

1. Provide and reproduce Eco booklet for households, following the eco booklet system
provided in the part III of the guidelines;
2. Enact LGU/Barangay ordinance on segregation, segregated collection, assignment of IWS
as eco aides/ ecoboys and the mechanics of the Eco booklet System;
3. Capacitate the Ecoboys with the BSWMCs of the covered barangays by the facility on
the implementation of segregation and collection system using the Ecoboy concept;
4. In order to ensure the success of the activity, the LGU shall NOT allow any other collector,
junk buyer or the like to collect or buy recyclables in the MRF collection area;
5. Provide 100 liter capacity plastic drum for biowaste collection, supplies and tools for
composting;
6. Provide counterpart resources to assist and augment in the implementation of this Agreement
as follows:
a. Hire wastepickers as accredited collectors (eco aides/ ecoboys) that should come
from disposal facilities, itinerant waste reclaimers and jumpers;
b. Assign MRF in-charge to oversee the operations of the MRF, be held accountable
for all collected and sold recyclables and compost made by the ecoboys;
c. Provide fund for the information, education, and communication (IEC) campaign
on waste reduction, segregation at source, segregated collection, recycling,
composting, tribikes and ecoboys per 250 households;
d. Train and deputize ecological solid waste management officers/enforcers to assist in
the effective implementation of the program;
 e. Provide other forms of support needed for the effective implementation of the
program.

7. Disburse the fund according to the specific purpose to where the funds are intended per
EMB Guideline for audit and examination of the Commission on Audit and the First Party;
8. Implement the operationalization of MRFs by the employment of IWS as eco aides/ ecoboys
within the Calendar Year 2017;
9. Submit Progress and Final Reports as well as Financial/Liquidation Reports regularly;

Section 3: Visitorial Audit by the Commission on Audit

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 pertinent laws and regulations.

Section 4. Joint Monitoring and Evaluation of Activities

To ensure attainment of the set objectives, the First Party and the Second Party shall
regularly jointly monitor and evaluate activities conducted under this Agreement and submit
monitoring and evaluation report to the DENR-EMB Central Office within fifteen (15) days after
the programs’ completion for validation by the SWM Division, Central Office.

Section 5. Grant Funding and Schedule of Reporting and Fund Release

The First Party shall release to the Second Party the total amount of PhP20,000.00 and
tribikes as per Section 1.1 of this Agreement upon submission of the signed Memorandum of
Agreement, Work and Financial Plan, and Resolution of the Sanggunian ng Bayan as well as the
tribikes.. The Second Party shall be represented in the procurement process of the First Party.
It shall be the responsibility of the first party to keep financial and accounting records of
funds granted by first party. The following would be the schedule of Reporting:
a) Upon 50% accomplishment report based on the approved work and financial plan
(WFP) and on TOR;
b) Upon 100% accomplishment report based on the approved WFP and on TOR;
The First Party shall then submit to the DENR-EMB Central Office copy of
accomplishment reports and the corresponding liquidation report (status of fund utilization), with
the final report submitted not later than 30 days upon scheduled completion of work requirement.

Section 6. Duration
The Parties agree that the implementation of the activities/programs described under this
Agreement shall commence upon signing of this Agreement and be completed within 120 days
from receipt of funding assistance.
Section 7. Amendments
By mutual consent, this Agreement or part hereof may be modified and extended or
supplemented by the Parties to ensure that the objectives of this Agreement are achieved. The
EMB Central, SWM Division shall be furnished a copy of any modification hereof.
Section 8. Sanction
Legal remedies pursuant to existing laws, rules and regulations application for violation
by any part or any of the provisions of this MOA shall be imposed/charged by COA or any
aggrieved/interested party.
Section 9: 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 Agreement, the venue for the purpose hereto,
shall be laid within the exclusive jurisdiction of competent court of law in _______________.

Section 10. Effectivity

This Agreement shall take effect upon signing hereof by the Parties and shall continue to
be in full force and effect until the completion of activities mentioned herein.

IN WITNESS WHEREOF, the Parties hereby affix their signature on this _______ day
of ____________________ at the Conference Hall, EMB 7 Bldg., Greenplains Subd., Banilad,
Mandaue City, Cebu.

ENGR. WILLIAM P. CUÑADO HON. MARLON F. GARCIA

Regional Director Mayor
Environmental Management Bureau Region 7 Municipality of Barili

WITNESSES:

ENGR. ANECITA Q. DINOY GERONIMO BASALO

Chief, Environmental Monitoring & MENRO
Enforcement Division, EMB 7

(Republic of the Philippines

Mandaue City, Cebu) S.S

ACKNOWLEDGEMENT

BEFORE ME, this _________________ day of ______________________ at

________________________, personally appeared the following:

NAME Government Issued ID

ENGR. WILLIAM P. CUÑADO

HON. MARLON F. GARCIA

Known to me to be the same person who executed the foregoing instrument and they
acknowledge to me the same is their free and voluntary act of deed.

WITNESS MY HAND AND SEAL on the date and place first above written.

Doc. No. ____ _______________________

Page No. ____ Notary Public
Book No. ____
Series of 2017