DRAFT MEMORANDUM OF AGREEMENT

This Memorandum of Agreement is entered hereto by and between the below

mentioned Government Institution and Civil Society Organizations, namely:

ASSOCIATION OF WASTE COLLECTORS (or WORKERS), an association of waste

collectors (or workers), duly organized and existing under Philippine laws, with principal
office address at _____________________________________, represented herein by
its President, _______________________, hereinafter referred to as AWC;

WASTE BANK (BARANGAY SOLID WASTE MANAGEMENT COMMITTEE), a

barangay-appointed policy-making body in-charge of the barangay’s solid waste
management and operationalization of Materials Recovery Facility (MRF), established
under Philippine laws, with principal address at
__________________________________________________, represented herein by
its Chairman, Hon. Chairman _____________________, hereinafter referred to as
BSWMC;

And

ECOWASTE COALITION, a non-governmental advocacy organization working on zero

waste and chemical safety, with primary office address at 78-A Masigla Extension,
Barangay Central, Quezon City, represented by its National Coordinator, ELAINE
LUCERO, or by its President, EILEEN B. SISON, hereinafter referred to as EWC;

WITNESSETH

WHEREAS, the Philippines is facing a worsening garbage situation, as shown by its

current national daily waste generation of approximately 50,000 to 70,000 tons of waste.

WHEREAS, the Philippines has a comprehensive law on waste management, the

Ecological Solid Waste Management Act of 2000 or Republic Act 9003 (RA 9003),
which was issued in 2001, and mandates all local governments to ecologically divert
their wastes and increase such diversion year after year and reflect the same in their
solid waste management plans;

WHEREAS, the barangays, the country’s smallest government units, are mandated by
RA 9003 to be at the forefront of the country’s battle versus wastes, having been
charged with dealing with biodegradable and recyclable wastes, which comprise an
approximate total of 80% of the country’s generated waste;

WHEREAS the country’s informal waste workers have been at the forefront of waste
recovery and management in the country since time immemorial, possessing highly
specialized skills in materials characterization, recovery, segregation and management;
WHEREAS, a National Framework Plan for the Informal Waste Sector (IWS) in Solid
Waste Management, which envisions “an empowered 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 of solid waste
management in the Philippines with the end in view of alleviating poverty”, has been
issued and adopted by the National Solid Waste Management Commission through its
Resolution No. 47, Series of 2010;

WHEREAS, RA 9003 Implementing Rules & Regulations (IRR), Rule XVI, Section 1 (e)
provides for Private Sector Partnership in SWM by way of a contractual arrangement
and further, in Rule XVII, Section 3 (c), provides for the imposition of fees for
collection,transport and tipping in SLFs by said private sector or civil society group on
the basis of stipulation of contract or Memorandum of Agreement.
WHEREAS, the EWC, a recognized non-governmental organization working on waste
issues and the empowerment of informal waste sector (IWS), in partnership with World
Vision Development Foundation (WVDF), is undertaking a project titled. “Global
Program to develop livelihood for poverty affected population through a multi-sectoral
established and monitored waste management system (PHINLA),” which identified
Barangay Mintal as one of its project sites in the Philippines;
WHEREAS, the project PHINLA targets to improve the income of its beneficiaries in its
project barangays, specifically those working with wastes, through a multi-stakeholder
engagement in establishing or improving waste management systems in the project
sites, to enable the same to improve the livelihoods of poor populations contribute
significantly to their healthier and cleaner environment, and be suitable for sustainable
and nationwide/trans-regional replication and scale-up;
WHEREAS, the project PHINLA believed that the identified stakeholders and their
effective partnership will support the goals and objectives of the project;
WHEREAS, this collaboration among AWC, BESWMC and EWC will work collectively
to attain the expected outputs and bring about the desired outcomes of the project,
particularly in terms of alleviating poverty among beneficiaries through the
establishment or enhancement of the barangay’s SWM system;

AGREEMENT

ARTICLE I
SCOPE
NOW, THEREFORE, in consideration of the promises and mutual covenants herein
contained the stakeholders hereto agree to the following:
1. To closely collaborate and undertake activities called for by the project PHINLA, in
consonance with RA 9003 and the National Framework Plan for IWS, to set up and pilot
a community-based ecological solid waste management system (ESWMS) to accomplish
the desired outcomes to wit:
a. Improved solid waste management system in the barangay;
b. Effective operationalization of the barangay’s Materials Recovery Facility (MRF);
c. Capacitated beneficiary waste workers toward an enhanced knowledge and skills for
their effective involvement in the formal ESWMS and operationalization of the barangay
MRF;
d. Increased income for beneficiary waste workers through establishing a collection,
management and payment system;
e. Established savings system where households get to earn “points”, which can be
“redeemed” from the barangay MRF in relation to the type and number of recyclable
wastes that will be collected from them; and
f. Established partnerships with junkshops and recyclables of materials for disposal to
ensure that more of the same are recovered and ecologically managed, e.g. through
recycling and repurposing, that will ultimately lead to an increased income for the
community’s waste workers as well as households involved in the project and an
increased waste prevention and diversion rate in the barangay.
2. Share data and information, knowledge and skills, and necessary support needed for the
advancement of the project goals, objectives, and target outcomes.

The direct beneficiaries of the project are 22 waste collectors and 5 MRF officers, and
households in the barangay according to the following collection scheme:

Collection:
Cluster Area of Assignment Collector/Sweeper
Cluster 1 Purok 1 & 2 Name
Cluster 2 Purok 3 & 4 Name

A daily waste collection fee per household, amounting to PhP_____, shall be

implemented.

Other beneficiaries are the local junk shops and partner recyclers, which shall be
tapped for partnership.

ARTICLE II
RESPONSIBILITIES OF THE PARTIES
The following shall be the roles and responsibilities of the parties in the project:

A. EWC

1. Shall manage, lead, and oversee the overall project PHINLA operation and
ensure that the project is implemented and manages based on the project
documents, hereto annexed as Annex 1.
2. Shall maintain and cultivate local partnerships and liaise with all project
stakeholders/partners – recycling entrepreneurs, local junk shops and other
sectors, tie-up with whom can be seen to benefit the project and advance its
goals, objectives, and target outcomes.
3. Shall facilitate establishment of MRF management committee.
4. Shall established seed capital in the form of equipment for the start-up
operations of MRF and the barangay ESWM system.
5. Shall provide personal protective equipment to MRF and ESWM personnel.
6. Shall provide technical assistance on financial management relative to the
management and operation of the MRF to ensure proper recording and
documentation of expenditures.
7. Shall provide assistance in overseeing and strengthening the MRF
operations.
8. Shall facilitate establishment of garbage collection and payment system and
corresponding social payment mechanism (e.g., cashless payment system,
such as by way of points, redeemable in the form of goods at the MRF).
9. Shall provide information, education and communication materials for use in
the operationalization of the barangay ESWM.
10. Shall conduct mentoring, training needs assessment, training, and
performance learning of beneficiary waste workers and MRF management
committee.
11. Shall facilitate formalization of partnerships between MRF, junk shops, and
other stakeholders, e.g., local stores and other establishment, which shall be
seen as necessary for the effective implementation of the barangay ESWM
system.
12. Shall undertake such other activities that are seen necessary to advance the
effective implementation of the barangay ESWM system in consonance with
the PHINLA goals and objectives, as well as with RA 9003 and the National
Framework Plan for the IWS.

B. AWC

1. Shall be in-charge of the collection of materials for disposal from the

households and establishments within the area of coverage.
2. Shall ensure that all waste materials are properly segregated by their
generators into four (4) categories, namely, BIODEGRADABLE,
 RECYCLABLE, RESIDUAL, SPECIAL or HAZARDOUS, during collection of
the same and that non-segregated materials shall not be collected.
3. Shall ensure that all collected waste materials are recorded on their daily
collection logbook which shall be submitted to the MRF record-keeper.
4. Shall ensure that “point booklet’ where recyclable materials and
corresponding “points” redeemable as good at the MRF, are recorded and
which are kept by households, are completely accomplished during collection.
5. Shall include in the collection activities the provision of information and
education on proper ecological solid waste management, specially on the
proper segregation of waste, to households/establishments in their respective
clusters.
6. Shall ensure that roads, streets and sidewalks in their respective cluster are
swept clean each time collection activities are conducted.
7. Shall bring all waste materials to the barangay MRF.
8. Shall be in-charge of the following activities at the MRF:
a. Weighing of collected wastes;
b. Sorting and storing in respective storage of collected wastes;
c. Composting and gardening if any;
d. Cleaning of equipment and tools before storing the same; and
e. Cleaning of the work area.
9. Shall provide support to the project PHINLA, through participation in trainings,
meetings.

C. BESWMC
1. Shall serve as the primary responsible party in the management and
operationalization of the barangay ESWM System and the MRF;
2. Shall take lead in ESWM planning and ensure that it is implemented through
proper supervision and monitoring of all activities, such as the collection and
payment procedure, delegation of tasks, and maintenance and supervision of
the MRF;
3. Shall designate point persons who will be part of the management committee
in the operationalization of the MRF and the barangay ESWM System;
4. Shall devise a waste collection schedule and system;
5. Shall employ the services of AWC in the waste collection activity and in the
MRF operations;
6. Shall keep daily, monthly and yearly records of the following:
a. Daily record of weights and volumes of waste materials received,
processed, sold and disposed of according to category and types;
b. Amount of generated income from waste materials;
c. Quantity per type of waste materials diverted from disposal sites, with
information on diversion strategy employed per waste type;
d. Records of sales and finances; and
e. Daily logbook or file of information on special occurrence, fire,
unauthorized loads, injury and property damage.
7. Shall prepare and submit to the City LGU a monthly report as provided for in
RA 9003 Implementing Rules and Regulations, Rule VI, Section 6, available
 for use of EWC and other project stakeholders if requested for any legal
purpose.

ARTICLE III
REVISION CLAUSE

The parties, through their mutual consent, may revise or amend certain provisions of
this agreement, through formal letter with conforme of the parties, at anytime this
agreement is in full force and effect.

ARTICLE IV
EFFECTIVITY

This agreement shall take effect on the date of its signing until _______________.
Project activities shall be governed by this Memorandum of Agreement unless
modified or revoked in manner provided and for cause prescribed by law.

ARTICLE V
MISCELLANEOUS

1. This Agreement may be amended, modified, or superseded only in writing and

signed by all the Parties.
2. The rights and obligations of the parties under this Agreement shall not be
assigned to any person without the prior written consent of the other party.
3. No delay, failure, refusal or neglect of either Party to exercise any right or power
under this Agreement or to insist upon full compliance by the other with its
obligations under this Agreement shall constitute a waiver of any provision of this
Agreement or the further exercise of any of its rights herein. Any waiver expressly
granted by either Party in writing shall be without prejudice to any other rights it
may have under this Agreement and such waiver may be revoked at any time and
for any reason, by written notice to the other.
4. Should any provision of this Agreement be declared null, void or unenforceable by
any competent government agency or court, the same shall not affect the other
provisions of this Agreement which are capable of severance and which will
continue unaffected. The Parties agree that any provision declared null, void or
unenforceable by any competent government agency or court shall be replaced
with valid or enforceable provisions as closely aligned with the original intention of
the Parties, approved by all the Parties herein
5. The laws of the Philippines shall govern and apply to any matter involving the
interpretation, construction or performance of any provision of this Agreement.
6. In the unlikely event that any misunderstanding, disputes, claims, actions or
controversies arising out of the interpretation of any of the provisions of this
Agreement or any breach thereof shall arise, the Parties hereby agree that the
same shall, unless settled by direct negotiations, be settled exclusively through
out-of-court conciliation, arbitration or mediation. The parties shall be bound by
 the outcome of such proceedings as the final adjudication of such dispute, action,
controversy or claim. Compliance with this provision is a condition precedent that
shall bar outright judicial recourse.
7. In the performance of its obligations under this Agreement, the Parties shall
adhere to the highest standards of legal, ethical and moral behavior and shall not
tolerate unethical, unlawful or undesirable conduct by any of its own employees,
volunteers (including Board members), contractors, donors and supporters in
relation to this Agreement.
8. Should any part of this Agreement be judicially declared null and void, such nullity
shall not affect the validity of the remaining provisions hereof.
9. The parties herein warrant that they have the capacity, power, and requisite
authorization to enter into this Agreement.

IN WITNESS WHEREOF, the parties, through their representatives, hereto have affixed
their respective signatures on the date and place appearing on the acknowledgement
hereof.

BARANGAY SOLID WASTE ECOWASTE COALITION

MANAGEMENT COMMITTEE

By: By:

CHAIRMAN ________________ ELAINE LUCERO

Barangay __________, Chairman National Coordinator

ASSOCIATION OF WASTE
COLLECTORS / WORKERS
By:

_________________
President
 ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES) S.S.

___________________________)

BEFORE ME this ______________ (date) _____________, personally appeared:

______________________ ID# ______________ issued on/at _________________

______________________ ID# ______________ issued on/at _________________
______________________ ID# ______________ issued on/at _________________
______________________ ID# ______________ issued on/at _________________
______________________ ID# ______________ issued on/at _________________
______________________ ID# ______________ issued on/at _________________
______________________ ID# ______________ issued on/at _________________
______________________ ID# ______________ issued on/at _________________
Known to me and to me known to be the same persons who executed the foregoing
instrument, and they acknowledged to me that the same is their free and voluntary act
and deed and that of the corporations herein they represented. This Memorandum of
Agreement consists of ______ pages including this page in which this acknowledgment
is written, signed by the parties in their instrumental witnesses each and every page
thereof.

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

NOTARY PUBLIC
Until ___________
PTR___________
TIN____________
Doc. No. _______________________
Page No. _______________________
Book No. _______________________
Series of _______________________