Beruflich Dokumente
Kultur Dokumente
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Between League of Municipalities of the Philippines (LMP),
Canadian Executive Service Organization (CESO),
the Municipality of _________________, __________
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MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (MOA) made and entered into by and between:
The eGov4MD, Inc., duly registered at the Securities and Exchange Commission (SEC)
as a non-stock, non-profit association with Company Reg. No. CN 200808142 and Company
TIN 007-043-974, operating under the laws of the Republic of the Philippines with principal
office address at 2nd Floor LMP Building, 265 Ermin Garcia St., Cubao, Quezon City,
Philippines, represented in this Act by its President, Honorable Municipal Councilor ALBERT
EMMANUEL S. PERMALINO and hereinafter referred to as the eGov4MD, Inc.;
- and -
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WITNESSETH, THAT:
WHEREAS, LMP has been providing services to and implementing initiatives with
municipalities and relevant stakeholders in support of governance reforms, policy development
and research, capacity-building programs, and socio-economic development;
WHEREAS, LMP and, in its pursuit of its e-governance goals in the Philippine ICT
Roadmap 2010, is mindful of the needs of the municipalities for technical assistance to enhance
their capability in delivering public services and improving fiscal management through the use of
information and communication technologies, have agreed to collaborate with CESO for the
implementation of the “E-Governance for Municipal Development” Program.
WHEREAS, the LGU seeks to enhance its capability to govern, and has recognized the
role of ICT to ensure effective and efficient governance and delivery of basic services to the
public;
WHEREAS, the LGU has manifested its intent to be considered as one of the
beneficiaries of the project and has correspondingly attested its commitment and support to
implement and sustain the project;
WHEREAS, LMP, CESO, eGov4MD Inc., and the LGU have agreed to cooperate and
jointly commit in promoting the use of ICT for effective and efficient governance in the country,
particularly through the Project;
NOW, THEREFORE, for and in consideration of the foregoing premises and of mutual
covenants, agreements and stipulations hereinafter set forth, the Parties hereto agree to enter
into this Memorandum of Agreement under the following terms and conditions:
The Agreement shall cover the provision of various forms of technical assistance, deployment of
local technical support team, deployment of CESO Volunteer Adviser, capacity building of
technical team and trainers, crafting of Information System Strategic Plan (ISSP), Project
Management Planning (PMP) and operationalization of electronic business permit and licensing
system (eBPLS), to the LGU as beneficiary of the E-Governance for Municipal Development
Project.
This Agreement shall take effect upon its execution when it is accepted/signed by the Parties
and shall continue to be in force until terminated or cancelled by all Parties upon ten (10) days
prior written notice.
A. CESO shall:
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1. Provide program orientation to selected municipalities on CESO Program and the E-
Governance Project;
3. In collaboration with LMP, conduct and facilitate selected municipalities’ briefing and
entry conference between the selected municipalities and Volunteer Adviser specifying
the scope of work, terms and conditions, and roles and responsibilities of each party;
5. Facilitate the conduct of exit conference of selected municipalities and Volunteer Adviser
after the completion of the technical assistance engagement;
7. Provide funding for the international airfare, walk-around money, medical and insurance
of the Volunteer Adviser and administration costs;
B. LMP shall:
3. Orient the LGU’s key officials about the project to ensure its successful and smooth
implementation.
4. Monitor Project activities, evaluate performance against objectives and realign the
program as necessary.
1. Provide technical trainings, technical support services and capability building to selected
municipalities who would join the eGovernance project with the assistance of CESO
VAs, if necessary.
2. Collect training fees, one-time membership/joining fee and a reasonable annual fees to
LGUs venturing into eGovernance Project.
3. Deploy/Roll-out NCC’s eBPLS software and provide the LGU with system updates when
available.
4. Train designated LGU personnel on the use and operationalization of eBPLS application
system.
5. Assist the LGU in the formulation of its Information Systems Strategic Plan (ISSP) and
eGovernance Roadmap through a training to be conducted by eGov4MD, Inc. and may
be followed-up/refined by CESO’s Volunteer Adviser.
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7. Respond to LGU’s service calls or requests for on/off-site technical assistance, provided,
no monetary requirements shall be incurred by CESO, eGov4MD and LMP, and
expenses relative to said call or request shall be shouldered by the requesting LGU
based on a system maintenance contract with LMP and eGov4MD.
2. Provide free accommodation, local transportation and food, including, if need be,
workstation to CESO’s Volunteer Adviser and eGov4MD’s technical staff during the
entire duration of their assignment in the LGU as contained in the Client Agreement. The
LGU shall also designate a (set of) staff to assist the CESO Volunteer Adviser and
eGov4MD technical support personnel in the conduct of their work in the LGU.
5. Pass appropriate Municipal Ordinances ensuring use of the eLGU software package,
appropriating needed funds for the egovernance project and setting up of eGovernance
Project Teams and ICT Units/Committees. These Ordinances, whose copies should be
submitted to LMP and CESO, are meant to ensure sustainability and continuity of the
program and to make it institutionalized.
6. Enter into Training Service Contracts with its trainees, especially those who will be
trained on eBPLS use and who will receive the technical trainings, and submit copies of
such contracts to CESO and LMP.
7. The system modification or enhancement made by the LGU, however, shall be the
concerned LGU’s proprietary right but shall be shared to all participating LGUs.
8. Actively participate in the activities, meetings, events and trainings of the eGov4MD, Inc.
9. Assign networked computer units and peripherals that will be used to operationalize the
eBPLS system.
10. Sustain the maintenance and operation of the computer system at the LGU site.
11. Shoulder incidental expenses for system updates/revisions like freight and/or floppy
diskettes, etc.
12. Submit to CESO, LMP and eGov4MD a System Test and/or System Implementation
Status Report on a monthly basis or as deemed necessary.
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13. Submit to CESO’s Country Representative a Client Evaluation Report a week after the
Volunteer Adviser’s assignment.
14. Abide by the software licensing and ownership agreement contained in Annex 2 of this
MOA.
CESO, LMP and eGov4MD, Inc. are committed to support and assist the LGU in the proper
utilization of the eBPLS application system that will ensure successful implementation of the
computerized system during and, based on a case-to-case technical assistance contract, after
the project period.
The LGU shall only be eligible to receive the NCC-developed electronic real property tax system
(eRPTS) after successful actual use of eBPLS; and progressive implementation of its ISSP.
The table below details the training schedules to be conducted at various training facilities.
This phase1 of the Project shall only deploy the eBPLS, or e-business permit and licensing
system. The League of Municipalities of the Philippines will invoice the LGU before each
training.
In addition to the estimated training costs, the LGU shall pay eGov4MD, Inc. a PhP 30,000
joining fee for the 1st year of use of eBPLS. Appropriate billing shall be made on May 2012. The
fee shall be used to finance system modification/enhancement and technical support required
by the LGU.
If in case the LGU can not send the ideal number of trainees due to various reasons, ie. lack of
funds and staff unavailability, the LGU can still participate provided that the responsibility to re-
echo the training lectures shall bear on the LGU’s trainee(s). Likewise, the LGU trainees have
the option to live-out to minimize training costs. In this case, the responsibility to arrange their
own accommodation shall be the LGU trainees’ responsibility.
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Another MOA for eRPTS shall be forged by the Parties upon successful use of eBPLS by the LGU and
progressive implementation of its ISSP.
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SECTION VII. AMENDMENTS
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FREDERICK S. CRISOSTOMO ERWIN L. ALTAMARINO
CESO Project Officer Secretary, eGov4MD, Inc.
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LGU Representative
Annex 1
The LMP, eGov4MD, Inc. CESO and LGU-Client understand and agree that, upon acceptance
of the assignment and execution of this Agreement, the following terms and responsibilities will
govern the relationship between them.
General Terms
CESO will select a Volunteer Adviser (VA) with the appropriate qualifications in the areas
requiring assistance. Responsibility for approving CESO’s VA selection rests solely with the
LGU-Client. In the case when a VA is rejected, another VA will be selected and submitted
for LGU-Client approval
The VA is not an agent of CESO, CIDA or the Government of Canada and has no authority
to enter into an agreement on behalf of CESO, CIDA or the Government of Canada
The LGU-Client will not bring any legal proceedings, assert any claims or cause any legal
proceedings to be brought against the VA, the Government of Canada, CIDA, or CESO,
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their personnel and/or officers and/or agents and/or heirs in connection with an assignment,
as a result of an assignment or in the absence or cancellation of an assignment; and
The Government of Canada, CIDA, CESO, their personnel and/or officers and/or agents
and/or heirs shall not be held responsible for the VA’s actions on/off duty before, during or
after the assignment
I. CESO Responsibilities
execute the assignment to the best of his/her abilities and to the agreed upon
requirements of the assignment
treat the LGU-Client and LGU-Client staff with respect at all times
follow directions from CESO Operations Centre and observe CESO’s Code of Conduct
during the course of the assignment
assist the LGU-Client during normal working hours (changes to the working hours or
duration may be made by mutual agreement among the LGU-Client, the VA and the
CESO Country Representative)
hold in confidence all information the LGU-Client designates as confidential
ensure accommodation arrangements that are safe, clean, comfortable, sanitary and
ready for the arrival of the VA
ensure the LGU-Client is ready to receive the VA (counterpart/translators) and to
implement advice, including confirming that the Terms of Reference haven’t changed
since application and approval
advise the LGU-Client regarding their responsibilities to and for the VA
ensure the VA is picked up at the airport; and subsequently ensure the VA’s safe
departure from the country
monitor assignment progress
assist the VA with any problems that may arise, including the resolution of conflicts with
the LGU-Client, if applicable, extension of visas, etc.
accurately and honestly complete the evaluation reporting forms and ensure that the
LGU-Clients complete theirs; these forms should be submitted within 2 weeks of
assignment completion
ensure that LGU-Clients make promised payments towards the assignment
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complete the Client Evaluation Report on assistance received; The report must be submitted
to the CESO Country Representative and eGovernance Project Officer no later than 2
weeks after the VA’s departure
Annex 2
Additional Provisions on the Use of NCC of the ICTO under DOST Software Package
I. Limited Warranty
The eLGU application system/s shall be provided “as is” without warranties of any kind, either
expressed or implied. NCC of the ICTO under DOST does not warrant that the functions
performed by the software meet absolutely LGU’s requirements or that the operation of the
software will be uninterrupted or error free. Likewise, NCC of the ICTO under DOST shall not be
liable for any direct consequential or incidental loss or damage the LGU may incur in the
implementation or use of the software.
NCC of the ICTO under DOST retains the title of the software package delivered to the LGU in
connection with this MOA. The LGU however, can modify or enhance the system as it deemed
appropriate to suit its growing, additional or changing system requirements. NCC of the ICTO
under DOST shall however be notified of the development and be furnished with a copy of the
revised source codes of the application system which in this case eGov4MD, Inc. is the
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repository of each modification made by LGU and/or eGov4MD, Inc. Technical/System
Development Group.
This understanding shall also constitute an authorization only for the use of the aforementioned
eLGU application system package/s and does not extend to CESO, LMP and beneficiary LGU
the right to pass the software to any other entity or LGU that is not a beneficiary of the project.
Specific terms of use respecting each application system subject of this agreement may be set
forth in separate license agreements to be provided by the NCC.
NCC of the ICTO under DOST shall formulate a licensing agreement for the distribution,
updating, maintenance and monitoring of the eLGU application systems developed using open
source technology. While these open source systems are considered free of copyright,
proprietary rights remained with the NCC and use of the system shall be governed by the eLGU
system GPL agreement.
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the above jurisdiction, this _______ day of
_____________________, 2012, personally appeared the following persons:
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Mayor STRIKE B.
REVILLA
Councilor ALBERT
EMMANUEL S.
PERMALINO
Mayor ________
______________
all known to me and to me known to be the same persons who executed the foregoing
Memorandum of Agreement, consisting of eleven (11) pages, including this page where this
acknowledgment is written, signed by the parties and their instrumental witnesses on all pages
and they acknowledged to me that the same is their free and voluntary act and deed.
WITNESS MY HAND AND SEAL, on the date and at the place first above written.
Notary Public
Doc No._________
Page No._________
Book No._________
Series of 2012
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