You are on page 1of 10

AUR

EA
SUB-PROJECT AGREEMENT FOR N.
THE IMPLEMENTATION OF IMPROVEMENT OF CHILD DEVELOPMENT DE
CENTER LEO
N
BARANGAY : DEL PILAR Witn
MUNICIPALITY : SAN FERNANDO ess
PROVINCE : CAMARINES SUR
REGION : V

This “Sub-Project Agreement” hereinafter referred to as the “SPA”, made


and entered into this 14th day of SEPTEMBER 2023, by and among:

The DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD),


a government agency created pursuant to Republic Act (R.A.) No. 5416, through
DSWD FIELD OFFICE V and with office address at PBN-Magnolia St. Buraguis, DIVI
Legazpi City, represented by REGIONAL DIRECTOR NORMAN S. LAURIO and NE
hereinafter referred to as “DSWD”; GRA
CE
The MUNICIPAL LOCAL GOVERNMENT UNIT (MLGU) OF SAN P.
FERNANDO, a political subdivision of the Republic of the Philippines, with address MIN
at Barangay Bonifacio, San Fernando Camarines Sur, represented herein by its GOY
LOCAL CHIEF EXECUTIVE, HON. FERMIN M. MABULO who is duly authorized to Witn
represent said LGU, and hereinafter referred to as the “MLGU”; ess

-and-

The BARANGAY LOCAL GOVERNMENT UNIT (BLGU) of Del Pilar, a local


government unit (LGU) existing under the laws of the Republic of the Philippines,
with address at Barangay Del Pilar, San Fernando Camarines Sur by its PUNONG
BARANGAY HON. LOURDES P. PORTUGUEZ, and Community Nutrition Sub-
Project Management Committee Chairperson DOLOR G. SIBULO, and hereinafter
referred to as the “BLGU”. DOL
OR
WITNESS: G.
SIB
WHEREAS, the Philippine Constitution declares that the State shall strive to ULO
promote a more equitable distribution of opportunities, income, and wealth; a CNS
sustained increase in the amount of goods and services produced by the nation for PMC
Chair
the benefit of the people; and an expanding productivity as the key to raising the
perso
quality of life for all, especially the underprivileged; n

WHEREAS, the DSWD is the lead agency for social protection, and is
mandated to work towards the achievement of improved capacity and opportunities
for the poor, vulnerable, and disadvantaged individuals, families, and communities,
to enable them to attain better quality of life, pursuant to R.A. No. 5416 or the “Social
Welfare Act of 1968” and Executive Order No. 292 or the “Administrative Code of
1987”, both as amended;

HON. FERMIN M. MABULO HON. LOURDES P. PORTUGUEZ


Municipal Mayor Punong Barangay Page 1 of 10
AUR
WHEREAS, under the Local Government Code, the LGUs are mandated to EA
address the needs of its constituencies, empower the poor people through direct N.
participation in the affairs of government, by allowing them the wildest possible DE
space to decide on, initiate, implement, and innovate on development activities that LEO
address their identified needs and problems; N
Witn
WHEREAS, the R.A. No. 11291, otherwise known as “Magna Carta for the ess
Poor," provides for the state to uplift the standard of living and quality of life of the
poor and provide them with sustained opportunities for growth and development by
adopting an area-based, sectoral, and focused intervention to poverty alleviation
where every Filipino must be empowered to meet the minimum basic needs through
the partnership of the government and the basic sectors. This can be achieved
through investments in anti-poverty programs, full access to government services,
interventions to address the genuine concerns of the poor; and enhancement and
promotion of the capabilities and competencies of the basic sectors, non-government
organizations, people’s organizations, and other development partners for the
effective delivery and implementation of a wide range of anti-poverty programs and DIVI
basic services through government strategies and collaboration with development NE
partners; GRA
CE
WHEREAS, DSWD envisions a society where the poor, vulnerable and P.
disadvantaged individuals, families, and communities are empowered for an MIN
improved quality of life; GOY
Witn
WHEREAS, the Kapit-bisig Laban sa Kahirapan - Comprehensive and ess
Integrated Delivery of Social Services (KALAHI-CIDSS) aims to empower local
communities through improved participation in local governance and involvement in
the identification, preparation, and implementation of poverty reduction interventions;

WHEREAS, the R.A. No. 11148, “An Act Scaling up the national and local
health and nutrition programs through a Strengthened Integrated Strategy for
maternal, neonatal, child health and nutrition in the first one thousand (1,000) days of
life” provides, among others, to provide a comprehensive, sustainable, multisectoral
strategies and approaches to address health and nutrition problems of newborns, DOL
infants and young children, pregnant and lactating women and adolescents females, OR
as well as multifactorial issues that negatively affect their developments; and G.
evidenced-based nutrition interventions as well as nutrition-specific and nutrition- SIB
sensitive mechanisms, strategies, programs and approaches in implementing ULO
programs and projects to improve nutritional status, and to eradicate malnutrition and CNS
hunger; PMC
Chai
WHEREAS, the Republic of the Philippines entered into a Loan Agreement rpers
with the International Bank for Reconstruction and Development under Loan Number on
9382-PH for the Philippine Multisectoral Nutrition Project (PMNP), and effective on
17 August 2022, to address the multisectoral problems on malnutrition; AUR
EA
WHEREAS, the PMNP is a government project to adopt a bold, multisectoral N.
nutrition approach to deliver a coordinated package of nutrition-specific and nutrition- DE
sensitive interventions across the various LGU platforms together with a harmonized LEO
social behavior change and communication strategy. This is led by the Department N
HON. FERMIN M. MABULO HON. LOURDES P. PORTUGUEZ Witn
Municipal Mayor Punong Barangay ess

Page 2 of 10
of Health and DSWD in partnership with National Nutrition Council, Department of
Interior and Local Government, Department of Budget and Management,
Department of Agriculture, Department of Science and Technology - Food and
Nutrition Research Institute and Bangsamoro Autonomous Region in Muslim
Mindanao;

WHEREAS, the DSWD shall lead the implementation of the Component 2 of


the Project: Community-Based Nutrition Service Delivery and Multi-sectoral Nutrition
Convergence;

WHEREAS, the Project is jointly funded by a loan from the World Bank and
the Government of the Republic of the Philippines to finance the nutrition-sensitive
sub-projects of the community identified during the Barangay Nutrition Committee
(BNC) meeting, based on the results of the participatory situational analysis.

WHEREAS, the Municipality of San Fernando, and its barangays were


selected as one of the covered areas of the Project;

WHEREAS, Barangay Del Pilar participated in the KALAHI-CIDSS PMNP


processes and accordingly submitted a proposal for Improvement of Child
Development Center ;

WHEREAS, the Municipal Nutrition Committee (MNC), after due


consideration, evaluation and appraisal based on the nutritional and socio-economic
merits, financial and technical feasibility of the sub-project following the Project
processes, duly approved the proposed sub-project of the Barangay through the
MNC Resolution No. 4 Series of 2023. Hence, this SPA to be entered into and by
the DSWD, the MLGU and the BLGU;

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


hereby agree as follows:

Article I – Definition of Terms

1.1. Kapit-Bisig Laban sa Kahirapan-Comprehensive and Integrated Delivery


of Social Services (KALAHI-CIDSS) - is one of the poverty alleviation
programs of the Philippine Government being implemented by the DSWD. It
uses the community-driven development approach, a globally recognized
strategy for achieving service delivery, poverty reduction, and good
governance outcomes.

1.2. Sub-Project - refers to the community identified sub-project of the barangay


approved for implementation following the Project processes.
AUR
1.3. Philippine Multi-sectoral Nutrition Project (PMNP) - is a government EA
project to adopt a bold, multisectoral nutrition approach to deliver a N.
coordinated package of nutrition-specific and nutrition- sensitive interventions DE
across the various LGU platforms together with a harmonized social behavior LEO
change and communication strategy. N
HON. FERMIN M. MABULO HON. LOURDES P. PORTUGUEZ Witn
Municipal Mayor Punong Barangay ess

Page 3 of 10
1.4. National Program Management Office (NPMO) - is a program management
office based at the Central Office of the DSWD. It is responsible for the overall
management of the Project at the national level.

1.5. Regional Program Management Office (RPMO) - is a program


management office based at the Fiel Office of the DSWD. It is responsible for
the overall management of the Project at the regional level.

1.6. Area Coordinating Team (ACT) - refers to the team based in the
municipalities covered by the Project that is responsible for the day-to-day
operations of the Project under Component 2. It is composed of Area
Coordinator, Technical Facilitator, Community Empowerment Facilitators and
Municipal Financial Analyst who are duly hired and deployed by the KALAHI-
CIDSS RPMO at the Municipal Level.

1.7. Municipal Nutrition Committee (MNC) - is a duly created and mandated


committee at the MLGU level pursuant to Presidential Decree (PD) 491 1. The
committee is organized to manage and coordinate the planning,
implementation, monitoring and evaluation of local hunger-mitigation and
nutrition action plans as a component of the local development plan. For
purposes of the Project, its regular composition is further expanded to include
representatives from RPMO’s ACT, community volunteers and other identified
stakeholders. It shall review the project proposal based on the proposal’s
responsiveness to the malnutrition problem. The proposal should directly hit
the problem in the locality based on the baseline data. The MNC, to be able to
facilitate a sound review should be equipped with the necessary data and
information related to the subject.

1.8. Barangay Nutrition Committee (BNC) - is a committee at the barangay level


that plans, implements, monitors and evaluates the nutrition programs. Its
establishment and composition is pursuant to Letter of Instruction 441, s.
1976; R.A. No. 71602; PD 4913; and PD 15694. Its regular composition is
further expanded to include Community Sub-Project Management Committee
(CNSPMC) members as prescribed by the Project.

1.9. Community Nutrition Sub-Project Management Committee (CNSPMC)


refers to the Committee to be formed at the community level to provide overall
management of the sub-project. AUR
EA
1.10. Grant - refers to the funds being charged against from the KALAHI-CIDSS N.
PMNP duly and directly released to the concerned barangay for DE
implementation of the approved sub-project. LEO
N
Witn
ess
1 Nutrition Act of the Philippines.
2 Local Government Code of 1991.
3 Nutrition Act of the Philippines.
4 Strengthening the Barangay
HON. FERMIN Nutrition Program.
M. MABULO HON. LOURDES P. PORTUGUEZ
Municipal Mayor Punong Barangay

Page 4 of 10
1.11. Local Counterpart Contribution (LCC) - refers to the contribution of the
LGUs, communities, and other funding donors directly attributable and related
for the implementation of the approved sub-project. It can be in the form of
cash or in-kind. For this purpose, in-kind contributions are convertible into
cash.

1.12. Sub-Project Agreement (SPA) - refers to this Agreement to be entered into


and by the DSWD, MBLGU and BLGU for the implementation of the Project.

Article II - Sub-Project Description and Cost Estimates

2.1. The sub-project covered by this Agreement is entitled IMPROVEMENT OF


CHILD DEVELOPMENT CENTER and has a total cost of Php. 373,560.00.
Particulars are reflected in the approved Program of Works.

2.1. Sub-Project implementation is targeted to start on NOVEMBER 2023 and is


expected to be completed on DECEMBER 2023. Implementation details are
described in the sub-project technical documents, and procurement plan
herein attached as Annex “1” and made an integral part of this Agreement.

Article III - Execution of the Sub-Project

3.1. Roles and Responsibilities of DSWD:

The DSWD shall:

3.1.1. Authorize the transfer of Grant funds from the Land Bank of the Philippines
(LBP) to the Barangay’s Current Account in the local LBP Branch;
3.1.2. Inspect, by itself or jointly with representatives of organizations involved in the
Project, goods and the sites, works, plans and construction included in the
barangay sub-project, the operation thereof and any relevant records and
documents;
3.1.3. Review the Status of Sub-Project Fund Utilization Reports, Cash Book, Local
Counterpart Contribution Journal, Bank Reconciliation Statements and other
financial documents, books and reports of the Sub-Project to determine if all
expenditure items are eligible for disbursement, within the approved Sub-
Project budget and cost and are properly reported and documented;
AUR
3.1.4. Ensure that funds within the approved Sub-Project budget are made available
EA
when requested by the Barangay upon submission of valid, correct, and
N.
complete documentary requirements;
DE
3.1.5. Provide a Municipal Financial Analyst to render technical assistance to the
LEO
CNSPMC Finance Team in carrying out their financial responsibilities
N
including, but not limited to the accessing of funds, processing of payments,
Witn
HON. FERMIN
bookkeeping, M. MABULO
preparation of reports, and auditing;
HON. LOURDES P. PORTUGUEZ
ess
3.1.6. MonitorMunicipal Mayor
sub-project implementation and fund utilization;
Punong Barangay

Page 5 of 10
3.1.7. Address and resolve grievances and feedback received through appropriate
means and procedures based on KALAHI-CIDSS and DSWD guidelines;
3.1.8. Provide technical assistance to the barangay in sub-project implementation;
3.1.9. Provide capacity building programs for the Municipality and the Barangay
through formal training, on-the-job training or coaching; and,
3.1.10. Suspend, terminate, or withdraw the right of the Barangay to the use of the
Grant proceeds upon failure by such Barangay to perform its obligations
under this SPA.

3.2. Municipal Local Government Unit (MLGU)

The MLGU shall:

3.2.1. Provide and deliver on time a counterpart contribution whether in the form of
cash or in-kind which could come from its National Tax Allotment or other
sources in support of the identified and approved Barangay Sub-Project,
provision of office space, equipment, materials and supplies, personnel and
other eligible contributions. Total LCC amounts to Php 18,678.00 of which
cash counterpart amounts to Php 18,678.00 and in-kind counterpart amounts
to Php 0.00, (0.00)
3.2.2. Provide technical assistance to the barangay in the implementation of the
Sub-Project;
3.2.3. Act as convenor of the MNC in setting the directions, development,
implementation and coordination of the sub-project within its territorial
jurisdiction and for other purposes relative to the overall Project
implementation, through the Mayor or his/her duly authorized representative;
3.2.4. Authorize the Municipal Health Officer and/or the Municipal Nutrition Action
Officer as well as the Municipal Social Welfare and Development Officer to
assist the DSWD Area Coordinator in the implementation of Project in the
municipality;
3.2.5. Convene, through the Municipal Mayor, the MNC and conduct regular
meetings to coordinate and provide technical assistance, monitoring,
evaluation and review including a resolution on issues in the implementation
of the Project in the municipality and for other purposes relative to the overall
Project implementation;
3.2.6. Endorse through the MNC, requests for fund releases of barangays to DSWD-
RPMO;
3.2.7. Receive capacity building interventions from the DSWD;
3.2.8. Monitor and evaluate the overall implementation of the Sub-Project;
3.2.9. Address and resolve grievances and feedback accordingly based in existing
policies and guidelines;
3.2.10. Incorporate the sub-project in the Municipal Development Plan and allocate
funds for Operation and Maintenance (O&M) of the completed subproject;
3.2.11. Facilitate the approval of municipal level permits and clearances related to
implementation of the Barangay Sub-Project when applicable; AUR
3.2.12. Recognize turned-over sub-projects in the institution books within 15 days EA
upon completion and submission of the final Sub-Project Completion Report N.
HON. FERMINand
documents; M. MABULO HON. LOURDES P. PORTUGUEZ DE
Municipal
3.2.13. Ensure that Mayor
provisions of the Community-BasedPunong Barangay
Finance Manual shall LEO
govern the utilization of the funds released. N
Witn
ess

Page 6 of 10
3.3. Barangay Local Government Unit (BLGU)

The BLGU shall:

3.3.1. Provide an office space in the barangay hall for the CNSPMC. The office shall
also serve as repository of all Sub-Project properties and resources;
3.3.2. Maintain a project implementation team through the CNSPMC with defined
responsibilities and members in adequate number to manage the
implementation of the Barangay Sub-Project;
3.3.3. Organize committees and/or sub-committees or teams as maybe necessary
for the successful implementation of the Sub-Project;
3.3.4. Provide and deliver on time a counterpart contribution, whether in the form of
cash or in-kind, to the Sub-Project. Total LCC amounts to Php 0.00, of which
cash counterpart amounts to Php 0.00, and in-kind counterpart amounts to
Php 0.00,
3.3.5. Prepare and implement operation and maintenance or sustainability plan to
ensure that benefits from the sub-project would continue after its completion;
3.3.6. Attend and participate in all BNC/MNC meetings related to the project;
3.3.7. Ensure completion of Sub-Project implementation within the timeframe set;
and
3.3.8. Incorporate the sub-project in the Barangay Development Plan (BDP) and
allocate funds for Operations and Maintenance of the completed subproject.
3.3.9. Formulate internal rules or policies to guide the implementation of the Sub-
Project that must be consistent with the KALAHI-CIDSS PMNP Policies. This
includes the system for re-flows of income generated from a livelihood sub-
project, as applicable;
3.3.10. Address and resolve grievances and feedback accordingly based in existing
policies and guidelines;
3.3.11. Receive capacity building interventions from DSWD;
3.3.12. Provide assistance to the ACT members and other KALAHI-CIDSS PMNP
workers when their personal safety and security is at risk in the locality;
3.3.13. Establish and maintain the CNSPMC, a management and implementation
committee within the barangay whose composition shall follow the
prescribed sub-committees/teams as indicated in the project sub-manuals;
and
3.3.14. Coordinate with the MLGU in the submission of relevant documents
necessary for the recognition of the completed sub-project in the institution
books; and
3.3.15. Ensure that provisions of the Community-Based Finance Manual shall
govern the utilization of the funds released.

AUR
EA
Article IV - Effectivity N.
DE
HON. FERMIN M. MABULO HON. LOURDES P. PORTUGUEZ LEO
Municipal Mayor Punong Barangay N
Witn
ess
Page 7 of 10
This Agreement shall take effect immediately upon signing of the document
by all concerned Parties and shall remain in force until the project is completed or
terminated in writing by all concerned Parties.

Article V - Amendment/Revision

This Agreement may be amended or modified from time to time only by the
written agreement of all Parties hereto.

Article VI - Termination/Suspension/Penalty

Each party may terminate this Agreement in the event of the cessation of the
implementation of the Project, or fulfillment of the goals and objectives of all
concerned parties in entering into this Agreement, by giving the other parties with
written notice within or at least three (3) months period, or in cases where any
breach of obligations under the same had been caused by any of the parties. The
Parties agree, however, that the termination of this Agreement at any time, in any
circumstances and for whatever reason, does not exempt them from their obligations
and/or conditions herewith.

Further, the DSWD in coordination with the MLGU may suspend, terminate, or
withdraw the right of the Barangay to the use of the grant proceeds upon failure by
such Barangay to perform its obligations under this SPA.

Article VII - Settlement of Disputes

Any dispute or difference of any whatsoever shall arise between the parties in
connection with the implementation of the Agreement, the parties shall make every
effort to resolve amicably such dispute or difference by mutual agreement.

Accordingly, the parties may resort to court action only after all efforts to settle
the disputes amicably have been exhausted.

Article VII - Separability Clause

In case any provision hereof or any party thereof be declared void or


unenforceable by competent authorities, the provisions of this Agreement unaffected
by such declaration shall remain valid and binding among the parties, their
successors and assigns.

In witness whereof, the parties have signed this Agreement this


____________ day of ____, 2023 at _____________________________________.

For the MUNICIPALITY OF SAN


For the DEPARTMENT OF SOCIAL FERNANDO
WELFARE AND DEVELOPMENT
HON. FERMIN M. MABULO HON. LOURDES P. PORTUGUEZ
Municipal Mayor Punong Barangay

Page 8 of 10
HON. FERMIN M. MABULO
NORMAN S. LAURIO Municipal Mayor
Regional Director

For the Barangay of DEL PILAR

HON. LOURDES P. PORTUGUEZ


Punong Barangay

DOLOR G. SIBULO
Community Nutrition Sub-Project Management Committee Chairperson

DIVINE GRACE P. MIONGOY AUREA N. DE LEON


Witness Witness

ACKNOWLEDGEMENT

Page 9 of 10
REPUBLIC OF THE PHILIPPINES
_____________________________) S.S

BEFORE me, a NOTARY PUBLIC for and in this day of


________________________, 2023, personally appeared before me;

NAME Type of ID ID Number Date/Place Issued


NORMAN S. LAURIO Driver’s License N02-10-004494 Masbate City
FERMIN M. MABULO Driver’s License B-13-96000200 Naga City
Philippine National 2639-0610-8431- San Fernando
LOURDES P. PORTUGUEZ
ID 9382 Camarines Sur
DOLOR G. SIBULO Driver’s License E04-16-002755 Naga City
DIVINE GRACE P. MINGOY DSWD ID 05-0583 Legazpi City

Known to me to be the same persons who executed the foregoing instrument


consisting of ten (10) pages, including this page wherein this acknowledgement is
written, signed the parties and their instrumental witnesses, which instrument they
acknowledge to be their free and voluntary act and deed, as well as that of the
juridical persons which they represent.

IN WITNESS WHEREOF, I have hereunto affixed my notary seal and signature this
_________________ day of _____ 2023 at ___________________________.

Doc. No. __________


Page No. __________
Book No. ___________
Series of 2023

Page 10 of 10

You might also like