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ANNEX 3-5 ENVIRONMENTAL MONITORING FUND (EMF) ADMINISTRATION AND MANAGEMENT ANNEX GUIDELINES 3-5

The Environmental Monitoring Fund (EMF) is a fund that a Proponent shall commit to establish in support of the activities of the MMT for the compliance monitoring. The EMF will be established as agreed upon and specified in the MOA between DENR-EMB and the Proponent, with conformity of the MMT members. An EMF is required for all MMTs of EISbased projects. The initial determination of the EMF is included as part of the Environmental Management and Monitoring Plan and as established in the ECC for a particular project or undertaking. However, the actual amount to be allocated for the EMF shall be determined on the basis of the Annual Work and Financial Plan (AWFP) that would be agreed upon by the MMT, derived from the Proponents Environmental Monitoring Plan (EMoP). An appropriate basis for the determination of the EMF would be the cost of monitoring activities and environmental information programs as proposed by the Proponent in the Environmental Management Plan. The rates or amounts that will be used in the preparation of the Work and Financial Plan shall be in accordance with the rates agreed upon and within the limits set herein or as prescribed in pertinent government guidelines. A. Management and Administration of EMF

The EMF, which is provided by the Proponent, shall be managed and administered by the duly organized MMT Officers/EC or an equivalent Fund Management Committee in accordance with the annual monitoring work and financial plan submitted by the MMT , duly reviewed and concurred with by the Proponent, and finally affirmed/approved by EMB. The Proponent shall release the amount of funds necessary in order to make available the funding required by the approved Annual Work and Financial Plan at the start of each quarter. In the case of individual EMF, the Proponent shall establish a separate bank account to cover the amount of EMF. The signatories shall be the EMB RD and the Proponent. In the case of merged or integrated MMT, the individual EMF may likewise be integrated under the management of the MMT Officers/EC/Fund Management Committee. The authorized signatories shall be the DENR-EMB RD and another member designated by the Committee. B. Guidelines for the Disbursement of EMF

The EMF shall be disbursed based on the following guidelines: EMF will be disbursed according to the approved Work and Financial Plan. Each disbursement must be supported by official receipt, properly approved and received disbursement voucher, or any other proof or document to support the expense incurred. The Fund Management Committee or MMT Officers/EC shall undertake accounting of all expenses by the MMT. Any unexpended balance of the EMF at the end of the year, shall be used to fund next years Work and Financial Plan. In case of termination of the MMT operation, any unexpended balance shall be returned to the Proponent. An independent auditor may be hired charged to the EMF to undertake financial auditing. Financial reports are public documents and shall be provided by the MMT upon request.

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The Proponent may, at its sole discretion, conduct a separate audit on the expenditure/disbursement of EMF in accordance with applicable rules and guidelines.

C.

Allowable Expenses under the EMF

The EMF shall be exclusively utilized to cover all costs attendant to the operation of the MMT. The operational activities are detailed in the MMT Manual of Operations (MOO) or equivalent documents. The EMF shall specifically be used to defray MMT expenses such as: cost of transportation, board and lodging MMT meetings rental of equipment the Proponent may allow MMT members to use its equipment. If necessary, the EMF may include provisions for the rental of equipment. In cases where the EMF is sufficient to purchase equipment, such equipment may be acquired only when a clear and distinct system of accountability (e.g., possession, custody, storage, use, etc.) has been formulated. documentation (photos, video, etc.) sampling, shipment or transport of samples including laboratory analysis hiring outside experts or subcontracting of a monitoring work to a neutral party training of the MMT preparation of monitoring reports and distribution public information campaign/dissemination to lessen unnecessary expenses, activities related to public information campaign/dissemination shall be undertaken using the existing or local offices/units of the PIA, KBP and similar agencies as well as the public information/affairs office of the local government units. Cost of Transportation

1.

Only two (2) types of transportation costs may be charged to the EMF: 1) the costs incurred during monitoring and 2) the costs incurred in attending the MMT meeting. For transportation costs incurred in the conduct of monitoring, the basis of disbursement shall be the actual costs incurred through cash advance or on reimbursement basis. For transportation costs incurred in attending MMT meetings, actual costs incurred may be reimbursed or a fixed transportation allowance (TA) may be granted to official members of the MMT. For remote project sites where public transportation, meals and lodging may be unavailable, the Proponent may provide transportation, meals and lodging in lieu of reimbursements or fixed allowance. 2. Board and Lodging

In order to defray costs for food and accommodation of MMT members or monitoring team, a reasonable allowance or per diem may be granted to cover such costs. The per diem or allowance shall only be granted for the duration of the fieldwork including provision for reasonable travel time. Such allowance should not be in excess of twice (2x) the existing government rate for such travel or fieldwork. At no instance should such allowance be granted for travel of less than fifty (50) kilometers in distance as reckoned from the place of work to the site of meeting or fieldwork. Furthermore, for remote project sites where public transportation, meals and lodging maybe unavailable, the Proponent may provide transportation, meals and lodging in lieu of reimbursements or fixed allowance. 3. Monitoring Costs

The basis of disbursement of costs for monitoring expenses (such as actual sampling, shipment, or transport of samples, rental or use of equipment, documentation (photos, video, etc.), laboratory analysis, etc.) shall be the annual work plan.

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4.

Allowances

Payment of allowance shall be commensurate to services rendered by the MMT members for actual MMT activities. The decision to receive allowances by other government officials or personnel is left to their discretion and judgment, keeping in mind, the appropriate civil service rules and anti-graft laws. Department of Budget and Management (DBM) guidelines on the granting of allowances shall serve as the guide. Membership in MMT or other such group is considered as public service. Such membership is not supposed to be used as an excuse for income augmentation. The participation of the private sector will concretize their concern for the environmental impacts of the project, and their subsequent commitment to safeguard their community. The involvement of the public sector is in line with their commitment to serve the public. However, considering government guidelines as reference, private individual members of the MMT shall receive reimbursement, upon showing of receipts or any legally-accepted document, to the extent that the member will not have any personal cash out for travel, board and lodging expenses and shall receive honoraria for services and time spent for actual participation in MMT activities. 5. Other Costs

Costs for hiring outside experts or subcontracting of monitoring work to a neutral party, training of the MMT, preparation of monitoring reports and distribution, public information campaign/dissemination, and other such activities relating to the operation of the MMT may be charged to the EMF provided allocation for such purposes was included in the annual work plan and is not explicitly prohibited. In the case of merged or integrated MMT, the management fee, administration and other such costs may be charged to the EMF. In areas declared by the Proponent or DENR as hazard/hardship sites, the MMT shall be covered by reasonable insurance for the duration of the short-term activity.

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