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MEMORANDUM OF AGREEMENT

SUPPLY, DELIVERY, INSTALLATION, TESTING AND COMMISSIONING OF SOLID


WASTE MANAGEMENT EQUIPMENT CONSISTING OF BIODEGRADABLE WASTE
SHREDDER AND COMPOSTER TO SUPPORT LOCAL GOVERNMENT UNITS
(LGUs)

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (“Agreement”) is entered into at Quezon City,


this ______ day of November 2022 by and between:

The DENR-ENVIRONMENTAL MANAGEMENT BUREAU, a


national government agency created and existing under the
laws of the Republic of the Philippines, with principal office
address at DENR Compound, Visayas Avenue, Diliman,
Quezon City, herein represented by its Director, ENGR.
WILLIAM P. CUŃADO, hereinafter referred to as the “EMB”

-AND-

The MUNICIPAL GOVERNMENT OF TERESA with office


address at Municipal Hall, Corazon C. Aquino Avenue,
Barangay Poblacion, Teresa, herein represented by the
Municipal Mayor, Hon. Rodel N. Dela Cruz, whose authority is
evidenced by the attached Sanggunian Bayan Resolution,
marked as Annex “A” and made integral part hereof, hereinafter
referred to as the “LGU”.

WITNESSETH:

WHEREAS, the EMB is the lead agency in the implementation of Solid Waste
Management (SWM) in the country in coordination with other partners and stakeholders
to provide guidance and technical assistance on concerns on waste management
strategies and options to LGUs;

WHEREAS, Solid Waste Management is a pervasive problem and a looming crisis in


many areas in the Philippines, focusing for decades on collection and hauling and not
on waste treatment and disposal, thus it has become very expensive;

WHEREAS, many well-meaning projects, laws, rules and regulations have achieved
little so far with Local Government Units (LGUs) facing a massive challenge in
managing rapid and largely unplanned urban growth;

WHEREAS, Section 8 of Republic Act No. 9003 states that the “Department shall
provide technical and other capability building assistance and support to the LGUs in
the development and implementation of local solid waste management plans and
programs”;

WHEREAS, after nineteen (19) years of implementation of Republic Act No. 9003 or the
“Ecological Waste Management Act of 2000”, continuing challenges exist in solid waste
collection, establishment of material recovery facility (MRF), the lack of enforcement of
the basic requirements of RA 9003 and poor solid waste diversion;
WHEREAS, the Municipality of Teresa, Rizal has shown interest to participate in the
project and has agreed to fulfill its requirements under the terms and conditions
hereunder stipulated;

WHEREAS, the Municipality of Teresa, Rizal has been selected as one of the recipients
of Bio-waste Shredder and Composter in a manner consistent with the Technical
Specifications and the provisions of this Agreement;

WHEREAS, the Municipality of Teresa, Rizal, by virtue of Sangguniang Bayan


Resolution No. 193, S. 2022, vesting authority to the Local Chief Executive to enter into
an agreement for the implementation of the project;

WHEREAS, the qualified LGUs shall be part of this Project, and that the local target
groups shall actively cooperate and participate to the Project;

NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual
covenants hereinafter set forth, the Parties to this Agreement hereto agree as follows:

ARTICLE I
SCOPE AND PURPOSES

SECTION 1. SCOPE. The Parties hereto agree that this Agreement shall cover all
matters in relation with the project for the “Supply, Delivery, Installation, Testing and
Commissioning of Solid Waste Management Equipment consisting of Biodegradable
Waste Shredder and Composter to Support Local Government Units (LGUs)”.

SECTION 2. PURPOSES. This Agreement is entered into for the following purposes, to
wit:

a. The improvement of the SWM in the country through the


implementation of Republic Act No. 9003, with the provision of
Biodegradable Waste Shredder and Composter to the qualified LGUs;

b. The enhancement of the target LGU’s capacity to address issues


concerning solid waste management in their areas of jurisdiction; and

c. To contribute toward social and economic development in the country.

ARTICLE II
ROLES AND RESPONSIBILITIES

SECTION 3. RESPONSIBILITIES OF DENR-EMB:

The DENR-EMB shall:

a. Provide biodegradable shredder and a composter set to the qualified


LGU in order to improve its compliance to Republic Act No. 9003
specifically on the increase of waste diversion of solid wastes;

b. Ensure that the implementation of the project shall be in accordance to


this Agreement;

c. Ensure validation of LGU submitted reports;


d. Establish a monitoring and evaluation scheme associated with the
implementation of the project;

e. Monitor the implementation of the project particularly during the


preparatory activities, installation and commissioning of the equipment;

f. Revoke the MOA and withdraw the shredder machines and


composters from the City/Municipality that fails to utilize them without
valid reasons as to why it remained non-operational after three (3)
months upon receipt of the said equipment.

SECTION 4. RESPONSIBILITIES OF THE LOCAL GOVERNMENT UNIT OF


TERESA, RIZAL.

The LGU shall:

a. Provide a suitable suite for the installation of the said equipment with a
minimum area of one hundred (100) square meters, with a shed
measuring at least 10 meters in length x 10 meters in width x 4 meters
in height and a single-phased power supply;

b. Assign at least three (3) permanent personnel to manage the operation


of the equipment;

c. Ensure that the equipment is continuously utilized on a daily basis;

d. Prepare proper documentation and submit monthly reports to the EMB


on the results of the output of biodegradable waste and compost
generated;

e. Ensure the sustainability of the project implementation through proper


utilization and maintenance of the equipment;

f. In case of equipment malfunction/breakdown, provide/allocate enough


funds to cover the expenses for repairs and other incidental costs to
restore the immediate operation of the equipment.

ARTICLE III
GENERAL PROVISIONS

SECTION 5. WARRANTIES. Each party to this Agreement represents and warrants


that it has secured the requisite full and complete authority to enter into, to perform and
to be bound by the terms hereof.

SECTION 6. ENTIRE AGREEMENT. Parties hereto agree that they both read this
Agreement in its entirety, understand the provisions contained and agrees to be bound
thereby.

SECTION 7. SUPPLEMENTAL AGREEMENT. The Parties herein may enter into a


supplemental agreement as may be necessary in the course of or in furtherance of the
purposes of this Agreement.

SECTION 8. AMENDMENTS. Any amendment/s, addendum or modification or


supplement to this Understanding must be in writing with the consent of both parties.
SECTION 9. EFFECTIVITY. This Understanding shall take effect immediately upon
signing by the parties and shall continue to be in full force and effect until terminated.

IN WITNESS WHEREOF, the Parties have executed this Memorandum of


Agreement and affixed their signatures on the date and place provided below.

The MUNICIPALITY OF TERESA, DENR-ENVIRONMENTAL MANAGEMENT


RIZAL BUREAU

By: By:

RODEL N. DELA CRUZ ENGR. WILLIAM P. CUŃADO


Municipal Mayor Director

SIGNED IN THE PRESENCE OF:

CHERRY ROSE ELOISE S. DESACULA JUVINIA P. SERAFIN


OIC, MENRO OIC-Chief, SWMD
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )


____________________________ ) SS.

BEFORE ME, a Notary Public in _____________ on __________________


personally appeared the following:

Name Government ID Valid until

William P. Cuńado ____________________ ________________

Rodel N. Dela Cruz ____________________ ________________

identified by me through competent evidence of their identity bearing their respective


photographs and signatures to be the same persons who executed this instrument and
acknowledged to me that the same is their voluntary act and that of the
institutions/corporations they represent.

This instrument refers to a Memorandum of Agreement, which consists of five (5)


pages, including the page whereon this acknowledgment is written, and which is signed
by the parties and their witnesses.

WITNESS MY HAND AND SEAL, on the date and at the place mentioned above.

Doc. No. ____;


Page No. ____;
Book No. ____;
Series of 2022.

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