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MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement made and entered into this _______ day of _________
2017 in the Manila, Philippines, by and between:

The ______________________________________________________,
For ___________
_____________________________

a government-owned and controlled corporation, with office address at


__________________________________________, represented herein by its
Chief Operating Officer, ________________________, hereinafter referred to as
________________;

- and

The MUNICIPALITY/CITY/PROVINCE, a local government unit,


represented herein by its Mayor/Governor, NAME, hereinafter referred to as
MUNICIPALITY/CITY/PROVINCE;

W I T N E S S E T H:

WHEREAS, in accordance with its mandate to develop tourism


infrastructure projects in the country, ____________ shall fund the NAME OF
For the Municipality/City/Province
NAME OF MAYOR/GOVERNOR

PROJECT located at LOCATION hereinafter referred to as the PROJECT;

WHEREAS, ____________ and the MUNICIPALITY/CITY/PROVINCE


have mutually agreed to develop, improve, beautify and maintain this program in
the LOCATION.

WHEREAS, the PROJECT shall be implemented by the


MUNICIPALITY/CITY/PROVINCE thru TRANSFER OF FUND for the purpose.
Upon completion of the PROJECT, the same shall be delivered and entrusted to
the MUNICIPALITY/CITY/PROVINCE, whom then shall maintain, operate
manage and administer upon its turn-over by ____________.

WHEREAS, if the approved budget for the contract is less than the
budgetary estimate approved by the ____________ Board, the approved budget
for the contract will prevail

NOW, THEREFORE, for and in consideration of the foregoing premises


and the mutual covenants and undertakings hereinafter set forth, the parties
hereto have agreed as follows;
ARTICLE I: OBJECTIVES

The ____________ and the MUNICIPALITY/CITY/PROVINCE have


agreed to undertake the NAME OF PROJECT located at LOCATION, for the
benefit and enjoyment of foreign as well as domestic tourist and the general
public.

ARTICLE II: RESPONSIBILITY OF PARTIES

A. Consistent with the purposes of this Agreement, ____________ shall:

1. Transfer the Funds to the MUNICIPALITY/CITY/PROVINCE in the


______________________________

amount of PESOS: AMOUNT IN WORDS (AMOUNT IN FIGURE), the


Project Cost, to undertake the completion of the NAME OF PROJECT
located at LOCATION in accordance with plans, specifications and the
For ____________

approved budget for the contract (ABC), hereto attached as Annex A


and made integral part of this Agreement.

The Project Cost shall be released in NUMBER OF TRANCHES, based


on the following schedule and subject to conditions set out in this
Agreement:

a) First release PESOS: AMOUNT IN WORDS (AMOUNT IN


FIGURE), upon the submission by the MUNICIPALITY/PROVINCE
of the required documents and the signing of the MOA between the
two parties, subject to proper and complete liquidation.

b) Second release PESOS: AMOUNT IN WORDS (AMOUNT IN


For the Municipality/City/Province
NAME OF MAYOR/GOVERNOR

FIGURE), upon request of the proponent and submission of


accomplishment report duly signed by ____________ Project
Engineer and conditioned upon the proper liquidation of the
preceding fund released.

c) Third/Final release PESOS: AMOUNT IN WORDS (AMOUNT IN


FIGURE), upon request of the proponent and submission of
accomplishment report duly signed by ____________ Project
Engineer and conditioned upon the proper liquidation of the
preceding fund released. The remaining Balance shall be deducted
from the final release.

d) The Final fund released shall be properly and fully liquidated in


accordance with the existing and applicable government accounting
and auditing rules and shall be accompanied by an accomplishment
report duly signed by the ____________ Project Engineer stating
that the project is 100% completed.

2. Assign a Project Engineer to monitor the progress of the construction


of the project being undertaken by the

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MUNICIPALITY/CITY/PROVINCE and ensures the proper liquidation
of all releases of funds.

3. Evaluate the performance of the MUNICIPALITY/CITY/PROVINCE or


the Constructor contracted by the MUNICIPALITY/CITY/PROVINCE
whether it adheres to the National Economic and Development
Authority (NEDA) approved guidelines on Constructor Performance
Evaluation System (CPES). The evaluation shall be done by the
____________ CPES Implementing Unit and the CPES Performance
evaluation shall be used as basis for the succeeding and final release
of the Transfer of Fund.

4. Turn-over said project, upon completion to the


MUNICIPALITY/CITY/PROVINCE, which shall thereafter be
______________________________

responsible for its operation, administration, conservation and proper


maintenance.
For ____________

5. After the project turn-over, ____________ or its duly authorized


representative shall have the right to inspect the PROJECT at any
reasonable hour of the day upon presentation by the representative of
an authorization and proper identification.

B. For its part, the MUNICIPALITY/CITY/PROVINCE obligates itself to:

1. Accept the fund appropriated for the completion of the project and place
the same in trust of the project.

2. Shall faithfully, honestly, and competently undertake and complete the


project in accordance with the design, specifications, ABC, and set
timeframe as evaluated and approved by ____________. Any
modification to the plans, specifications, ABC, or set timeframe shall be
For the Municipality/City/Province
NAME OF MAYOR/GOVERNOR

also subject to evaluation and approval by ____________.

3. Accept the formal turn-over of the project upon its completion in


accordance with approved plans as certified to by the ____________
Project Engineer and be wholly responsible for the operation,
administration, conservation, maintenance and issue a certificate of
completion of the project.

4. Appropriate adequate funds for the continuous operation,


administration, and sufficient maintenance of the project. In this
connection the MUNICIPALITY/CITY/PROVINCE shall appoint an
administrator who shall be directly responsible for the project and
provide a full complement of man power necessary and required
thereat.

5. In the event that there should be any unexpended balance of the fund
transfer after completion of the project, said unexpended balance shall

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not be used for any other purposes and the same shall be returned to
____________.

6. Submit a report of disbursement as verified by the LOCAL COA -


Auditor.
______________________________

7. Submit Technical Evaluation and Inspection Reports prepared by the


COA Engineers in the MUNICIPALITY/CITY/PROVINCE.
For ____________

ARTICLE III: OTHER COVENANTS

1. This Agreement contains the entire understanding of the parties. No


modification or alteration of this Agreement shall be considered as
having been made unless executed in writing and duly signed by the
parties hereof. If any part of this Agreement be declared null and void
by a competent authority, the other parts not affected thereby shall
remain valid and binding between the parties;

2. It is understood and agreed that should there be any violation of the


terms and conditions of this Agreement by the
MUNICIPALITY/CITY/PROVINCE, the ____________ shall be
constrained from entertaining or considering request of similar nature
or such other tourism-oriented projects.

3. It is hereby understood and agreed that the ____________ or its duly


authorized representative shall have the right to inspect the premises
at any reasonable hour of the day upon presentation by the
For the Municipality/City/Province
NAME OF MAYOR/GOVERNOR

representative of an authorization and proper identification for the


purpose. Failure to present the above shall give the right to deny access
to the premises.

4. It is hereby understood and agreed that the


MUNICIPALITY/CITY/PROVINCE shall take up in its books of accounts
the project in accordance with accounting and auditing rules and
regulations.

5. The Provisions, Requirements and Conditions under R.A. 9184 and


IRR are incorporated in this Agreement.

6. The total fund transferred to the MUNICIPALITY/CITY/PROVINCE will


have to be liquidated to ____________ in accordance with auditing
rules and regulations.

7. The reportorial requirements and requisite documents to be submitted


by the MUNICIPALITY/CITY/PROVINCE to the ____________ will be
treated in separate letter accompanying the remittance of the project
funds.

8. Failure on the part of the MUNICIPALITY/CITY/PROVINCE to liquidate


within the prescribed period of time, the ____________ will be

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constrained to file the necessary legal actions against the
MUNICIPALITY/CITY/PROVINCE to protect the interest of the
government.

9. The MUNICIPALITY/CITY/PROVINCE. shall submit to the


____________ a Sangguniang Pambayan/Panlungsod/Panlalawigan
Resolution authorizing the Mayor/Province to enter/sign this contract
and accept the turn-over of the project.

10. The MUNICIPALITY/CITY/PROVINCE. shall submit to the


____________ a Proof of public ownership of the Project site and/or a
Certification that the site is not privately-owned

IN WITNESS WHEREOF, the parties hereto have set their hands on the
date and place above-written.

____________________________ MUNICIPALITY/CITY/PROVINCE
____________________________
By: By:

____________________ NAME OF MAYOR/GOVERNOR


Chief Operating Officer Mayor/Governor

SIGNED IN THE PRESENCE OF:

_______________________ _______________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )


CITY OF MANILA ) S.S.

BEFORE ME, a Notary Public for and in the City of Manila, personally
appeared:

____________________
NAME OF MAYOR/GOVERNOR

exhibiting their valid Identification Cards, respectively, known to me and to me


known to be the same persons who executed the foregoing instrument consisting
of Five (5) pages including this page upon which this acknowledgment is written
and acknowledged that the same are their own free act and deed and that of the
entities which they represent.

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

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Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2017.