Papers: Water firm’s payment to contractor ‘overprice’
Monday, March 29, 2010
By Danilo V. Adorador III
CAGAYAN de Oro Water District (Cowd) paid over P21 million to a contractor despite insistence by its own projects managers that the amount was hugely inflated by as much as much as 400 percent, documents leaked to Sun.Star Cagayan de Oro show.
In 2007, COWD paid P21,837,065.94 to Geo-Transport and Construction Inc. (GTCI) for price escalation requested by the latter involving an expansion project in 2002.
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A computation by water district engineers involved in the project, however, placed the cost of price escalation at P5,511,989.82.
Price escalation refers to the increase in the contract price during the project implementation on the basis of the existence of “extraordinary circumstances,” which include calamities and sudden increase in prices of construction materials.
The GTCI’s price escalation request, made sometime in 2006, originally stood at over P49 million.
However, COWD department heads assailed the contractor’s computation as “erroneous.”
When GTCI eventually settled for P21.8 million, the water district’s technical department remained unfazed, insisting that GTCI had used a computation formula that was not found in the 2002 contract.
Assistant general managers Ray G. Tablan, Bienvenido V. Batar Jr. and two other department heads reiterated their position in at least three letters addressed to then Cowd general manager Gaspar Gonzales Jr.
In a letter dated April 20, 2006, the project managers told Gaspar that GTCI’s P21.8 million computation did not “adhere to the provisions of the contract” because the contractor based its price escalation request on a method that was never stated on the contract.
“The averaging method is extremely irrational and the use of the price indices of Steel Reinforcing Bars for the price adjustment of Steel Pipes is absolutely inappropriate,” the COWD department heads said.
Gaspar again received a letter from Cowd engineers on September of the same year, this time questioning the Board and the management’s decision to stick with GTCI’s inflated computation despite series of evaluations pointing to the contrary.
“We just cannot comprehend why we could possibly let GTCI apply the price index of “Reinforcing Steel” to “steep pipe” when the price index for metal pipes is available.” the Cowd department heads said.
They also pointed out that there was neither “written amendment nor supplemental agreement” to warrant the excessive payment.
On top of this, the noted that price escalation cost could have not reached the amount as claimed by the contractor since “there was a decline of price for metal pipes in December 2003.”
The department heads’ position was bolstered by then Local Water Utilities Administrator Deputy Administrator Emmanuel Malicdem, who said the price index used by GTCI was based on the total contract price.
Malicdem said the correct escalation cost can be arrived by using the “periodic computation of escalation, using the approved formula and indices by the National Statistics Office—as what the Cowd department heads had done.
“The contractor should therefore submit their request for escalation based on the above provisions and submit the same for evaluation,” Malicdem told Gaspar and the Board in a February, 2006 letter,
All these, however, apparently fell on deaf ears.
The Board of Directors on January 17, 2007 issued a resolution paving way for the release of the P21.8 million payment to GTCI.
The members of the Board who signed the resolution were: then chairman Raymundo Java, Joel A. Baldelovar, Sandy R. Bass Sr., Bibiana C. Sarmiento and Soc Anthony Del Rosario.
Except for Java who retired in 2008, Baldelovar, Bass, Sarmiento and Del Rosario are still sitting in the Board.
Published in the Sun.Star Cagayan de Oro newspaper on March 29, 2010.
Sunday, March 28, 2010
GABRIELA expresses support to FLOW
DAY 31 : Gabriela Partylist Representative Madame Luzviminda C. Ilagan joined the picket line by extending their support to FLOW's issues and concerns against the policies by the COWD Board of Directors towards the anomalous BULK Water Supply Contract. She stressed the danger of privatization of the water district and that the water service is the primary obligation of the government and not to be waived to a private entity. She also emphasized for the calling and continued support by all the FLOW members ,employees of the district as well as the general public to safeguard our rights for this basic commodity.
Thursday, March 25, 2010
30th day of Protest & Sacrifice
March 26, 2010, 12:15 pm :
Different sectoral groups joined forces to express support to FLOW's cause to investigate the anomalous board resolutions by the COWD Board of Directors related to the questionable BULK WATER SUPPLY CONTRACT between Cagayan de Oro City Water District (COWD) and Rio Verde Water Consortium, Inc. (RVWCI ). These groups find importance in FLOW's cause for protest as a social issue for every water consumer.
UPDATE : Interim General Manager from LWUA ,Engr. Proceso B. Pag-ong on his memo to all COWD employees dated March 25, 2010 reminded everyone to comply with the provisions of Executive Order No. 180 highlighting a provision for unfair labor-management practice on the part of the employees' organization as stated " restraining or coercing any employee to form or join an employees' organization or its activities ; " Who's not complying here and who's being restrained and coerced in joining FLOW's activities ?
Different sectoral groups joined forces to express support to FLOW's cause to investigate the anomalous board resolutions by the COWD Board of Directors related to the questionable BULK WATER SUPPLY CONTRACT between Cagayan de Oro City Water District (COWD) and Rio Verde Water Consortium, Inc. (RVWCI ). These groups find importance in FLOW's cause for protest as a social issue for every water consumer.
UPDATE : Interim General Manager from LWUA ,Engr. Proceso B. Pag-ong on his memo to all COWD employees dated March 25, 2010 reminded everyone to comply with the provisions of Executive Order No. 180 highlighting a provision for unfair labor-management practice on the part of the employees' organization as stated " restraining or coercing any employee to form or join an employees' organization or its activities ; " Who's not complying here and who's being restrained and coerced in joining FLOW's activities ?
The last part of the memo was a cheap attempt of injecting fear among employees who may be unfamiliar with that law as incompletely quoted by Engr. Pag-ong as "Employees who participate in or authorize an unfair labor-management practice shall be held administratively liable for conduct prejudicial to the best interest of the service or such other administrative offenses as maybe warranted. " The trick of this memo is that Pag-ong make it appear that this is only a law of prohibition solely for employees by purposely omitting the correct phrase of the provision that states " The heads of offices and other officers of the agency as well as officers and members of an employees' organization, who participate in or authorize an unfair labor-management practice............". Therefore, there's no cause for worry among the employees because this law ,certainly applies to the officers of the agency, especially those who are desperately looking for means of union busting, with Engr. Pag-ong not an exception to this rule.
FLOW celebrates its 30th of Struggle
DAY 30 : FLOW celebrates its 30th day of protest sacrifice with the warm and voluntary support from different sectoral groups like Courage, Anakpawis, Starex/Pistons,Bayan Muna, Kabataan Partylist ,ACT & other youth & religious groups. FLOW's issue on the questionable Bulk Water Supply Contract and the intervention of the Local Water Utilities Administration is indeed a social issue that should be the concerns of everybody. You drink water, I drink water , All of us needs water. LET us all be aware and STOP the apparent obedience by COWD's Interim General Manager Proceso B. Pag-ong and the current COWD Board of Directors to the caprices of Rio Verde Water Consortium, Inc. Not only the Bulk Water Supply Agreement questionable and onerous to said private company but its contract provisions are to the disadvantage of the water district, its employees and most importantly to the consuming public.
DAY 29 ( March 25, 2010) : COWd Interim General Manager Proceso B. Pag-ong requested via routing slip to obtain the 201 files of Engr. Bienvenido V. Batar, Jr., Atty. Joaquin Misa, Ms. Jane Salcedo and Engr. Reonil Joseph J. Linaac who is currently the Secretary General of FLOW for the consumption of the COWD Board of Directors who had a luncheon meeting outside the office ,March 24, 2010. Purpose of which is unclear and the employees has that strong suspicion that it has something to do with the COWD Board's desperate move to discredit the ongoing protest staged by the First Labor Organization of the COWD ( FLOW ).
Tuesday, March 23, 2010
DAY 28 : FLOW continue to stage its protest outside the COWD Admin. Building @ Corrales Avenue with a chant " RESIGN !!! ... " to the Interim General Manager and the COWD Board of Directors.Quoted in the editorial section of Sunstar's publication on March 16, 2010, " The very core of the problem at COWD is the series of crimes committed in the bidding, awarding and the contract signing of the 2004 Bulk Water Supply Project. " Let us all join hands to pursue this quest for truth and accountability in the Cagayan de Oro City Water District.
Secretary General - FLOW
Sunday, March 21, 2010
Thursday, March 18, 2010
FLOW letter to City Council
First Labor Organization of the Cagayan de Oro City Water District
Corrales Avenue, Cagayan de Oro City
Certificate of Registration No. 1369 dated April 20,2004
Certificate of Accreditation No. 637 dated June 12,2007
________________________________________
February 1, 2010
HON. VICENTE Y. EMANO
Vice Mayor
City of Cagayan de Oro
Thru : Mr. Ian Mark Q. Nacaya
Chairman
Committee on Public Utilities
Office of the City Council
Sir :
Once again, the Cagayan de Oro City Water District is besieged with commotion and chaos. Our office had been and has continued to be the arena of controversy and disarray brought about by the actions of our very own Board of Directors.
Allow us to present before your committee the latest issues in the Cagayan de Oro City Water District (COWD) to date.
COWD Board Resolution No. 096 dated October 21, 2009 requesting for an Interim General Manager from the Local Water Utilities Administration
________________________________________
F.L.O.W. strongly opposed to this resolution.
We had communicated with the Local Water Utilities Administration (LWUA) on the matter last October 23, 2009 citing impropriety of such act. COWD Board Resolution No. 096 merely cited “ that the Acting General Manager is in a very difficult situation when asked if he is comfortable working with the Board of Directors and that has difficulty in complying orders.
We believed that the grounds and basis for such resolution was not meritorious enough and should have been investigated first by LWUA before sending an Interim General Manager. LWUA’s very own guidelines, Resolution No. 104 , series of 1995 under Paragraph 2 of said resolution , titled Assessment Requirement for Any Intervention , states
“ Before any intervention can occur, the Administration (LWUA) shall first conduct an assessment or audit of the water district (WD) to determine precisely the existence and cause of the problem or deficiency. Thereafter, a full report will be submitted to the WD concerned giving it an appropriate time frame to solve the problem or correct the deficiency. Failure on the part of the WD to make or meet all of its commitments may result in the immediate intervention by LWUA. “
This guideline was not followed when the sixth member to the COWD Board of Directors (BOD), Engr. Emmanuel B. Malicdem, came in. And in the case of the Interim General Manager (IGM) to COWD, this procedure was ignored and its installation was even expeditious. Records showed that the COWD Board Resolution No. 096, series of 2009,requesting for an IGM, was signed October 21, 2009 and thereafter, Engr. Proceso B. Pag-ong, Jr. reported to COWD on November 4, 2009. There was no assessment done prior to the entry of Engr. Pag-ong since it was barely or less than fifteen (15) working days after said request have been issued.
Again records will show that two (2) days after the COWD Board passed Resolution No. 096, F.L.O.W. communicated with LWUA citing concerns and opposition to such resolution. This could have been taken as grounds by their office to conduct assessment and thorough investigation on the matter prior to the appointment of an IGM. Furthermore, if there was an assessment made, COWD should have been given the appropriate time to resolve it on their own as stipulated on their very own guidelines.
What was really the basis that would give LWUA the merits to send for an IGM? COWD Board Resolution No. 096 is ambiguous and discriminating. Is it not proper enough to investigate first what COWD Board orders the Acting GM not comfortable with? Again, meritorious or not, the LWUA guideline should have been followed to assess first the situation, establish what specific orders not being complied with and account management’s position. But to no avail, none of these procedures were applied.
The same LWUA guideline has emphasized that in all cases of intervention, there should have been a clear defining of the intervening problem or deficiency in a particular district of which the Interim General Manager should focused on before and during his temporary stay on the district.
Paragraph 7 of the LWUA Resolution states that;
“ All recommendations for interventions shall be accompanied with a Plan of Action containing information as follows;
a. Reasons, namely, situations, issues and problems that justify the intervention;
b. Courses of action to be taken with time frame to address the reasons for the intervention; and
c. Conditions and performance indicators to be satisfied for the lifting of the intervention.
Again, the F.L.O.W. and the employees felt deceived by this contravention. These requirements were not followed. With a sixth member from LWUA already sitting in the COWD Board of Directors, we expected that this protocol should have and must have been strictly adhered to protect the district’s rights and maintain check & balance. The courses of action and the time frame of said intervention were not presented as if Engr. Proceso B. Pag-ong, Jr. can stay as general manager as long as the COWD Board desires and as if LWUA wanted to permanently install him as one.
The real intervening problem in COWD is not simply that the Acting GM is not comfortable working with the Board of Directors. The core of the conflict is the following;
Discrepancies of the Bulk Water Supply Project (BWSP) Contract provisions.
The COWD Board had pushed for amendments and revisions instead of reformation. The Office of the Government Corporate Council’s opinion was for reformation of the contract to the model agreement. This was deviated when IGM Pag-ong submitted amendments of the BWSP Contract. Instead of reverting back to its model contract provisions, the amendments are still favorable to Rio Verde. Subsequently, LWUA had approved said request last December 21,2009 without even considering the factual findings of COA’s Fraud Audit Report.
F.L.O.W.’s Position :
We strongly oppose the Interim General Manager’s actions and LWUA’s approval on the matter. We are consistent of our position that the COWD BWSP Contract be reverted back to its model agreement provisions.
Memorandum of Agreement of the Indahag Project
The COWD Board and the Office of the Mayor is forging a Memorandum of Agreement for the Indahag Project which will involve purchase of bulk water of 10,000 cu.m./day from Rio Verde Water Consortium. The COWD Management deemed it disadvantageous to the district citing legal and financial reasons. We are currently investigating if indeed IGM Engr. Pag-ong has already signed said MOA. The COWD Board has been silent and discrete on this matter and kept on snubbing the union’s inquiry.
F.L.O.W.’s Position :
Entering into another agreement with Rio Verde is an act of conceding with the BWSP Contract disputes and would only jeopardize our claims.
We now have all the reasons to believe that the entry of the Interim General Manager to COWD was so designed via request by the COWD Board to consummate and carry out these anomalous transactions. The COWD Board wanted a general manager who can and will manage the district via their instructions without confrontation and undermining the observations and findings of graft per special report submitted by the Commission on Audit.
________________________________________
To the honorable body of the City Council of Cagayan de Oro, the whole COWD mess is not new to you. F.L.O.W. was in one of your committee hearings when the COWD Board at that time issued the very irresponsible Board Resolution 246 – to waive the district’s rights in favor of Rio Verde Consortium to serve the areas of Indahag among others. That was not only reckless but a clear violation of PD 198 or the Water District Law. We were grateful for the members then of the Committee on Public Utilities in aiding for the repeal of said resolution.
And now it’s dejavu. The same majority of the COWD Board members are now pushing for that Indahag MOA without even considering management’s position, take ample time to review their policies, refer to the factual contents and veracity of the latest COA Special Fraud Audit Report while examining their very own conscience.
The COA Fraud Report has enumerated the series of events that started from the Bulk Water Supply Project. It probed the anomalies and irregularities of the COWD Board of Directors’ actions, to list;
Bidding for the contract of Bulk Water Supply Project (BWSP) was persistently awarded by the Board of Directors to Rio Verde Water Consortium, Inc. ( RVWCI), a non- responsive bidder, despite the recommendation of the Bids and Awards Committee (BAC) for failure of bidding, in violation of RA 9184.
The contract for BWSP was crafted and awarded apparently for the benefit and undue advantage of the contractor, the RVWCI. The provisions substantially deviated from the model contract and turned onerous in favor of RVWCI.
1. The Approved BWSP Agreement/Contract was substantially different from the Model Contract which was part of the bidding documents. Revisions made were all in favor of the Contractor, RVWCI.
2. The COWD Board of Directors appeared to have amended the contract to accommodate the proposal of the contractor, RVWCI, enlarging the scope of area from the original take-off point of the initial delivery from Lumbia Airport to another location. This could possibly increase the service area of the Contractor in the near future.
3. Parametric formula for Bulk Water Supply Project (BWSP) was revised as embodied in Board of Directors Resolution No. 010, s-05, to accommodate the proposal of the contractor at the disadvantage of public consumers, which could be as much as Php 1.46 per cu.m. of water.
Fraud was committed in the execution of the Bulk Water Supply Contract as opined by the Government Corporate Counsel after its review.
________________________________________
As employees and government workers of a very vital utility which is water service, we have that mandate stipulated under our F.L.O.W.’s constitution and by-laws , that is to protect the integrity of public service and to serve as watchdogs against graft and corruption for a better, wider and upscale drive of good governance.
We are looking forward that a special committee hearing be created to address this case and establish if there is graft and corruption we can charge against past and present COWD Board of Directors.
Hence, we find it very necessary to have this investigated in the City Council in aid of legislation for F.L.O.W.’s future legal pursuit. We are to file the appropriate legal means against COWD Board of Directors responsible for this mess.
In unity we stand for the good of public service delivery.
Very respectfully yours,
The F.L.O.W. Executive Board
REONIL JOSEPH J. LINAAC ANTONIO B. YOUNG
Secretary General President
MENELEO Q. SIAO, Jr. DORIS B. GENTILES
Vice-President Secretary
CRIS JAY A. RICACHO MA. IONE R. VERDAD
Treasurer Assistant Treasurer
JOFRAN P. DOROMAL ANNIE C. LABITAD
Public Relations Officer Auditor
Cc : Office of the Government Corporate Counsel
Local Water Utilities Administration
Corrales Avenue, Cagayan de Oro City
Certificate of Registration No. 1369 dated April 20,2004
Certificate of Accreditation No. 637 dated June 12,2007
________________________________________
February 1, 2010
HON. VICENTE Y. EMANO
Vice Mayor
City of Cagayan de Oro
Thru : Mr. Ian Mark Q. Nacaya
Chairman
Committee on Public Utilities
Office of the City Council
Sir :
Once again, the Cagayan de Oro City Water District is besieged with commotion and chaos. Our office had been and has continued to be the arena of controversy and disarray brought about by the actions of our very own Board of Directors.
Allow us to present before your committee the latest issues in the Cagayan de Oro City Water District (COWD) to date.
COWD Board Resolution No. 096 dated October 21, 2009 requesting for an Interim General Manager from the Local Water Utilities Administration
________________________________________
F.L.O.W. strongly opposed to this resolution.
We had communicated with the Local Water Utilities Administration (LWUA) on the matter last October 23, 2009 citing impropriety of such act. COWD Board Resolution No. 096 merely cited “ that the Acting General Manager is in a very difficult situation when asked if he is comfortable working with the Board of Directors and that has difficulty in complying orders.
We believed that the grounds and basis for such resolution was not meritorious enough and should have been investigated first by LWUA before sending an Interim General Manager. LWUA’s very own guidelines, Resolution No. 104 , series of 1995 under Paragraph 2 of said resolution , titled Assessment Requirement for Any Intervention , states
“ Before any intervention can occur, the Administration (LWUA) shall first conduct an assessment or audit of the water district (WD) to determine precisely the existence and cause of the problem or deficiency. Thereafter, a full report will be submitted to the WD concerned giving it an appropriate time frame to solve the problem or correct the deficiency. Failure on the part of the WD to make or meet all of its commitments may result in the immediate intervention by LWUA. “
This guideline was not followed when the sixth member to the COWD Board of Directors (BOD), Engr. Emmanuel B. Malicdem, came in. And in the case of the Interim General Manager (IGM) to COWD, this procedure was ignored and its installation was even expeditious. Records showed that the COWD Board Resolution No. 096, series of 2009,requesting for an IGM, was signed October 21, 2009 and thereafter, Engr. Proceso B. Pag-ong, Jr. reported to COWD on November 4, 2009. There was no assessment done prior to the entry of Engr. Pag-ong since it was barely or less than fifteen (15) working days after said request have been issued.
Again records will show that two (2) days after the COWD Board passed Resolution No. 096, F.L.O.W. communicated with LWUA citing concerns and opposition to such resolution. This could have been taken as grounds by their office to conduct assessment and thorough investigation on the matter prior to the appointment of an IGM. Furthermore, if there was an assessment made, COWD should have been given the appropriate time to resolve it on their own as stipulated on their very own guidelines.
What was really the basis that would give LWUA the merits to send for an IGM? COWD Board Resolution No. 096 is ambiguous and discriminating. Is it not proper enough to investigate first what COWD Board orders the Acting GM not comfortable with? Again, meritorious or not, the LWUA guideline should have been followed to assess first the situation, establish what specific orders not being complied with and account management’s position. But to no avail, none of these procedures were applied.
The same LWUA guideline has emphasized that in all cases of intervention, there should have been a clear defining of the intervening problem or deficiency in a particular district of which the Interim General Manager should focused on before and during his temporary stay on the district.
Paragraph 7 of the LWUA Resolution states that;
“ All recommendations for interventions shall be accompanied with a Plan of Action containing information as follows;
a. Reasons, namely, situations, issues and problems that justify the intervention;
b. Courses of action to be taken with time frame to address the reasons for the intervention; and
c. Conditions and performance indicators to be satisfied for the lifting of the intervention.
Again, the F.L.O.W. and the employees felt deceived by this contravention. These requirements were not followed. With a sixth member from LWUA already sitting in the COWD Board of Directors, we expected that this protocol should have and must have been strictly adhered to protect the district’s rights and maintain check & balance. The courses of action and the time frame of said intervention were not presented as if Engr. Proceso B. Pag-ong, Jr. can stay as general manager as long as the COWD Board desires and as if LWUA wanted to permanently install him as one.
The real intervening problem in COWD is not simply that the Acting GM is not comfortable working with the Board of Directors. The core of the conflict is the following;
Discrepancies of the Bulk Water Supply Project (BWSP) Contract provisions.
The COWD Board had pushed for amendments and revisions instead of reformation. The Office of the Government Corporate Council’s opinion was for reformation of the contract to the model agreement. This was deviated when IGM Pag-ong submitted amendments of the BWSP Contract. Instead of reverting back to its model contract provisions, the amendments are still favorable to Rio Verde. Subsequently, LWUA had approved said request last December 21,2009 without even considering the factual findings of COA’s Fraud Audit Report.
F.L.O.W.’s Position :
We strongly oppose the Interim General Manager’s actions and LWUA’s approval on the matter. We are consistent of our position that the COWD BWSP Contract be reverted back to its model agreement provisions.
Memorandum of Agreement of the Indahag Project
The COWD Board and the Office of the Mayor is forging a Memorandum of Agreement for the Indahag Project which will involve purchase of bulk water of 10,000 cu.m./day from Rio Verde Water Consortium. The COWD Management deemed it disadvantageous to the district citing legal and financial reasons. We are currently investigating if indeed IGM Engr. Pag-ong has already signed said MOA. The COWD Board has been silent and discrete on this matter and kept on snubbing the union’s inquiry.
F.L.O.W.’s Position :
Entering into another agreement with Rio Verde is an act of conceding with the BWSP Contract disputes and would only jeopardize our claims.
We now have all the reasons to believe that the entry of the Interim General Manager to COWD was so designed via request by the COWD Board to consummate and carry out these anomalous transactions. The COWD Board wanted a general manager who can and will manage the district via their instructions without confrontation and undermining the observations and findings of graft per special report submitted by the Commission on Audit.
________________________________________
To the honorable body of the City Council of Cagayan de Oro, the whole COWD mess is not new to you. F.L.O.W. was in one of your committee hearings when the COWD Board at that time issued the very irresponsible Board Resolution 246 – to waive the district’s rights in favor of Rio Verde Consortium to serve the areas of Indahag among others. That was not only reckless but a clear violation of PD 198 or the Water District Law. We were grateful for the members then of the Committee on Public Utilities in aiding for the repeal of said resolution.
And now it’s dejavu. The same majority of the COWD Board members are now pushing for that Indahag MOA without even considering management’s position, take ample time to review their policies, refer to the factual contents and veracity of the latest COA Special Fraud Audit Report while examining their very own conscience.
The COA Fraud Report has enumerated the series of events that started from the Bulk Water Supply Project. It probed the anomalies and irregularities of the COWD Board of Directors’ actions, to list;
Bidding for the contract of Bulk Water Supply Project (BWSP) was persistently awarded by the Board of Directors to Rio Verde Water Consortium, Inc. ( RVWCI), a non- responsive bidder, despite the recommendation of the Bids and Awards Committee (BAC) for failure of bidding, in violation of RA 9184.
The contract for BWSP was crafted and awarded apparently for the benefit and undue advantage of the contractor, the RVWCI. The provisions substantially deviated from the model contract and turned onerous in favor of RVWCI.
1. The Approved BWSP Agreement/Contract was substantially different from the Model Contract which was part of the bidding documents. Revisions made were all in favor of the Contractor, RVWCI.
2. The COWD Board of Directors appeared to have amended the contract to accommodate the proposal of the contractor, RVWCI, enlarging the scope of area from the original take-off point of the initial delivery from Lumbia Airport to another location. This could possibly increase the service area of the Contractor in the near future.
3. Parametric formula for Bulk Water Supply Project (BWSP) was revised as embodied in Board of Directors Resolution No. 010, s-05, to accommodate the proposal of the contractor at the disadvantage of public consumers, which could be as much as Php 1.46 per cu.m. of water.
Fraud was committed in the execution of the Bulk Water Supply Contract as opined by the Government Corporate Counsel after its review.
________________________________________
As employees and government workers of a very vital utility which is water service, we have that mandate stipulated under our F.L.O.W.’s constitution and by-laws , that is to protect the integrity of public service and to serve as watchdogs against graft and corruption for a better, wider and upscale drive of good governance.
We are looking forward that a special committee hearing be created to address this case and establish if there is graft and corruption we can charge against past and present COWD Board of Directors.
Hence, we find it very necessary to have this investigated in the City Council in aid of legislation for F.L.O.W.’s future legal pursuit. We are to file the appropriate legal means against COWD Board of Directors responsible for this mess.
In unity we stand for the good of public service delivery.
Very respectfully yours,
The F.L.O.W. Executive Board
REONIL JOSEPH J. LINAAC ANTONIO B. YOUNG
Secretary General President
MENELEO Q. SIAO, Jr. DORIS B. GENTILES
Vice-President Secretary
CRIS JAY A. RICACHO MA. IONE R. VERDAD
Treasurer Assistant Treasurer
JOFRAN P. DOROMAL ANNIE C. LABITAD
Public Relations Officer Auditor
Cc : Office of the Government Corporate Counsel
Local Water Utilities Administration
Irresponsible COWD Board Resolutions
In chronological order, THE FOLLOWING COWD BOARD RESOLUTIONS APPEARED TO HAVE BEEN IRRESPONSIBLY ISSUED AS APPARENT OBEDIENCE TO THE CAPRICES OF A BULK WATER SUPPLIER ( Rio Verde Water Consortium, Inc. ), to list;
I. BOD Res. No. 222, s-04 dated December 09, 2004
Despite the recommendations of the BWSP Technical Committee declaring Rio Verde as a non-responsive bidder, the COWD Board insisted to award the same.
Board of Directors responsible: Mendez (Chairman), Gapuz (Vice-Chair ),Java, Bass and Borja
II. Signing of BWSP Agreement on December 23, 2004
The contract signing was tricky and expeditious. It was later found out that there were inserted provisions that deviated from the model agreement in favor of Rio Verde. Very unusual and suspicious, Chairman Mendez and Vice-Chair Gapuz were not present during that monumental signing. Only Java and Bass served as witnesses who later made their position letter, dated November 19, 2007, addressed to the Office of the Government Corporate Counsel manifesting irregularities of said proceedings.
III. BOD Res. No. 010, s-05 dated January 14, 2005
Despite AGM Batar’s presentation to the board of the proposed parametric formula by Rio Verde as disadvantageous to COWD and the consuming public, the Board of Directors adopted a constant Base Power Rate of Php 2.68/Kw-h instead of using what will be the actual power rate in 2007. Majority of the board approved said resolution except Atty. Gapuz who abstained.
Board of Directors responsible: Java(Chairman),Bass(Vice-Chair ),Baldelovar, and Sarmiento
IV. BOD Res. No. 171, s-05 dated August 12, 2005
Upon request by Rio Verde, the COWD Board of Directors issued a resolution to change/transfer the location of the Take-off Point from Lumbia Airport to a much lower elevation, a clear advantage to Rio Verde. They instructed COWD’s technical staff to adjust the plans and specifications undermining the technical odds it may result to the district’s future operation.
Board of Directors responsible: Java(Chairman),Bass(Vice-Chair ), Baldelovar , Gapuz and Sarmiento
V. BOD Res. No. 246, s-07 dated August 15, 2007
COWD Board of Directors irresponsibly issued a resolution upon request by the City Mayor Jaraula to waive the rights of the district in favor of Rio Verde to supply the areas of Indahag and Lumbia among others. As opined by the Office of the Government Corporate Counsel, such policy fell short of establishing consistency with PD 198 or otherwise known as the Water District Law. Brought to the City Council hearings under the Committee on Public Utilities, the COWD Board was persuaded if not compelled to have said resolution repealed.
Board of Directors responsible: Java(Chairman), Baldelovar ( Vice-Chair ),
Bass, Sarmiento & del Rosario
VI. BOD Res. No. 096, s-09 dated October 21, 2009
The COWD Board of Directors requested from LWUA to assign an Interim General Manager pending selection and appointment of a general manager. The basis for such act was questionable and LWUA’s very own guidelines for intervention were not followed accordingly. The resolution discriminately stated that Acting GM Batar is not comfortable working with and has difficulty in complying orders from the Board of Directors. The big question is what are these orders, where are these directed to and who’s the recipient? It seemed clear that the protocol for intervention were violated by the COWD Board of Directors and LWUA itself.
Board of Directors responsible: Baldelovar (Chairman), del Rosario (Vice-Chair )
Bass, Sarmiento, Vegafria & Malicdem
On November 04, 2009 , the Interim General Manager from LWUA was installed in the person of Engr. Proceso B. Pag-ong, Jr. His initial actions were surprisingly fast and expeditious especially on the issue of the Bulk Water Supply Contract/Agreement, hereto listed;
November 16, 2009 , IGM Pag-ong requested from LWUA approval of the proposed amendments without considering the factual observations of the COA Fraud Audit Report dated November 09, 2009.
December 21, 2009, LWUA Acting Administrator Daniel I. Landingin approved the proposed amendments without putting into consideration, again, the findings of the Commission on Audit Report relative to the Bulk Water Supply Contract/ Agreement issue.
January 12, 2010 , IGM Pag-ong communicated with Rio Verde regarding the approved amendments stating “ we can now take the appropriate steps to formalize the agreements…. “
________________________________________
With the entry of the Interim General Manager, the difficulty in complying orders from the Board of Directors seemed to be not a problem anymore.
But who’s going to question and verify the propriety of these policies? How do we establish check and balance amongst COWD Board of Directors? It is the employees of the district and the general concessionaires of Cagayan de Oro City who has that right to be watchdogs for graft and corruption.
Please support F.L.O.W. in our quest for transparency and genuine public service delivery.
I. BOD Res. No. 222, s-04 dated December 09, 2004
Despite the recommendations of the BWSP Technical Committee declaring Rio Verde as a non-responsive bidder, the COWD Board insisted to award the same.
Board of Directors responsible: Mendez (Chairman), Gapuz (Vice-Chair ),Java, Bass and Borja
II. Signing of BWSP Agreement on December 23, 2004
The contract signing was tricky and expeditious. It was later found out that there were inserted provisions that deviated from the model agreement in favor of Rio Verde. Very unusual and suspicious, Chairman Mendez and Vice-Chair Gapuz were not present during that monumental signing. Only Java and Bass served as witnesses who later made their position letter, dated November 19, 2007, addressed to the Office of the Government Corporate Counsel manifesting irregularities of said proceedings.
III. BOD Res. No. 010, s-05 dated January 14, 2005
Despite AGM Batar’s presentation to the board of the proposed parametric formula by Rio Verde as disadvantageous to COWD and the consuming public, the Board of Directors adopted a constant Base Power Rate of Php 2.68/Kw-h instead of using what will be the actual power rate in 2007. Majority of the board approved said resolution except Atty. Gapuz who abstained.
Board of Directors responsible: Java(Chairman),Bass(Vice-Chair ),Baldelovar, and Sarmiento
IV. BOD Res. No. 171, s-05 dated August 12, 2005
Upon request by Rio Verde, the COWD Board of Directors issued a resolution to change/transfer the location of the Take-off Point from Lumbia Airport to a much lower elevation, a clear advantage to Rio Verde. They instructed COWD’s technical staff to adjust the plans and specifications undermining the technical odds it may result to the district’s future operation.
Board of Directors responsible: Java(Chairman),Bass(Vice-Chair ), Baldelovar , Gapuz and Sarmiento
V. BOD Res. No. 246, s-07 dated August 15, 2007
COWD Board of Directors irresponsibly issued a resolution upon request by the City Mayor Jaraula to waive the rights of the district in favor of Rio Verde to supply the areas of Indahag and Lumbia among others. As opined by the Office of the Government Corporate Counsel, such policy fell short of establishing consistency with PD 198 or otherwise known as the Water District Law. Brought to the City Council hearings under the Committee on Public Utilities, the COWD Board was persuaded if not compelled to have said resolution repealed.
Board of Directors responsible: Java(Chairman), Baldelovar ( Vice-Chair ),
Bass, Sarmiento & del Rosario
VI. BOD Res. No. 096, s-09 dated October 21, 2009
The COWD Board of Directors requested from LWUA to assign an Interim General Manager pending selection and appointment of a general manager. The basis for such act was questionable and LWUA’s very own guidelines for intervention were not followed accordingly. The resolution discriminately stated that Acting GM Batar is not comfortable working with and has difficulty in complying orders from the Board of Directors. The big question is what are these orders, where are these directed to and who’s the recipient? It seemed clear that the protocol for intervention were violated by the COWD Board of Directors and LWUA itself.
Board of Directors responsible: Baldelovar (Chairman), del Rosario (Vice-Chair )
Bass, Sarmiento, Vegafria & Malicdem
On November 04, 2009 , the Interim General Manager from LWUA was installed in the person of Engr. Proceso B. Pag-ong, Jr. His initial actions were surprisingly fast and expeditious especially on the issue of the Bulk Water Supply Contract/Agreement, hereto listed;
November 16, 2009 , IGM Pag-ong requested from LWUA approval of the proposed amendments without considering the factual observations of the COA Fraud Audit Report dated November 09, 2009.
December 21, 2009, LWUA Acting Administrator Daniel I. Landingin approved the proposed amendments without putting into consideration, again, the findings of the Commission on Audit Report relative to the Bulk Water Supply Contract/ Agreement issue.
January 12, 2010 , IGM Pag-ong communicated with Rio Verde regarding the approved amendments stating “ we can now take the appropriate steps to formalize the agreements…. “
________________________________________
With the entry of the Interim General Manager, the difficulty in complying orders from the Board of Directors seemed to be not a problem anymore.
But who’s going to question and verify the propriety of these policies? How do we establish check and balance amongst COWD Board of Directors? It is the employees of the district and the general concessionaires of Cagayan de Oro City who has that right to be watchdogs for graft and corruption.
Please support F.L.O.W. in our quest for transparency and genuine public service delivery.
FLOW's Position
SO THAT THE PUBLIC MAY KNOW :
The First Labor Organization of the Cagayan de Oro City Water District (F.L.O.W.) is protesting through peaceful mass actions on the following issues;
DISCREPANCIES OF THE BULK WATER SUPPLY PROJECT (BWSP) CONTRACT PROVISIONS.
The COWD Board had pushed for amendments and revisions instead of reformation. The Office of the Government Corporate Council’s opinion was for reformation of the contract to the model agreement. Offshoot to that opinion, the Interim General Manager submitted amendments of the BWSP Contract to LWUA instead of reverting back to its model contract provisions. The proposed amendments are still onerous and favorable to Rio Verde. Subsequently, LWUA had approved said request last December 21,2009 without even considering the factual findings of COA’s Fraud Audit Report.
F.L.O.W.’s Position :
We strongly oppose the Interim General Manager’s actions and LWUA’s approval on the matter. We are consistent of our position that the COWD BWSP Contract be reverted back to its model agreement provisions.
MEMORANDUM OF AGREEMENT OF THE INDAHAG PROJECT
The COWD Board and the Office of the Mayor is forging a Memorandum of Agreement for the Indahag Project which will involve purchase of bulk water of 10,000 cu.m./day from Rio Verde Water Consortium. The COWD Management deemed it disadvantageous to the district citing legal and financial reasons. We are currently investigating if indeed the Interim General Manager has already signed said MOA. The COWD Board has been silent and discrete on the status of this.
F.L.O.W.’s Position :
Entering into another agreement involving Rio Verde is an act of conceding with the BWSP Contract disputes and would only jeopardize our claims.
COMMISSION ON AUDIT’S FRAUD AUDIT MEMORANDUM
The COA partial report dated November 09,2009 has enumerated the series of events that started from the Bulk Water Supply Project. It probed the anomalies and irregularities of the COWD Board of Directors’ actions, to list;
Bidding for the contract of Bulk Water Supply Project (BWSP) was persistently awarded by the Board of Directors to Rio Verde Water Consortium, Inc. (RVWCI), a non- responsive bidder, despite the recommendation of the Bids and Awards Committee (BAC) for failure of bidding, in violation of RA 9184.
The contract for BWSP was crafted and awarded apparently for the benefit and undue advantage of the contractor, the RVWCI. The provisions substantially deviated from the model contract and turned onerous in favor of RVWCI.
1. The Approved BWSP Agreement/Contract was substantially different from the Model Contract which was part of the bidding documents. Revisions made were all in favor of the Contractor, RVWCI.
2. The COWD Board of Directors appeared to have amended the contract to accommodate the proposal of the contractor, RVWCI, enlarging the scope of area from the original take-off point of the initial delivery from Lumbia Airport to another location. This could possibly increase the service area of the Contractor in the near future.
3. Parametric formula for Bulk Water Supply Project (BWSP) was revised as embodied in Board of Directors Resolution No. 010, s-05, to accommodate the proposal of the contractor at the disadvantage of public consumers, which could be as much as Php 1.46 per cu.m. of water.
Fraud was committed in the execution of the Bulk Water Supply Contract as opined by the Government Corporate Counsel after its review.
COWD Board Resolution No. 096 dated October 21, 2009 requesting for an Interim General Manager from the Local Water Utilities Administration
________________________________________
We believed that the grounds and basis for said resolution was not meritorious enough and should have been investigated first by LWUA before sending an Interim General Manager. LWUA’s very own guidelines was not followed that, states ;
“ Before any intervention can occur, the Administration (LWUA) shall first conduct an assessment or audit of the water district (WD) to determine precisely the existence and cause of the problem or deficiency. Thereafter, a full report will be submitted to the WD concerned giving it an appropriate time frame to solve the problem or correct the deficiency. Failure on the part of the WD to make or meet all of its commitments may result in the immediate intervention by LWUA. “
The installation of the Interim General Manager was expeditious that there was no assessment done prior to its entry. There was no report submitted by LWUA and COWD was not given the appropriate time to contest such move.
F.L.O.W. strongly opposed to the resolution.
F.L.O.W. and the employees felt deceived by this contravention. These LWUA guidelines were violated by the COWD Board and by LWUA itself. With a sixth member from LWUA already sitting in the COWD Board of Directors, we expected that this protocol should have and must have been strictly adhered to protect the district’s rights and maintain check & balance.
We now have all the indicators to believe that the entry of the Interim General Manager to COWD was so designed via request by the COWD Board to consummate and carry out these questionable if not anomalous transactions. It appeared that the COWD Board wanted a general manager who can and will manage the district via their instructions without opposition and undermining the observations and findings of graft per special report submitted by the Commission on Audit.
________________________________________
As employees and government workers of a very vital utility which is water service, we have that mandate stipulated under our F.L.O.W.’s constitution and by-laws , that is to protect the integrity of public service and to serve as watchdogs against graft and corruption for a better, wider and upscale drive of good governance.
The First Labor Organization of the Cagayan de Oro City Water District (F.L.O.W.) is protesting through peaceful mass actions on the following issues;
DISCREPANCIES OF THE BULK WATER SUPPLY PROJECT (BWSP) CONTRACT PROVISIONS.
The COWD Board had pushed for amendments and revisions instead of reformation. The Office of the Government Corporate Council’s opinion was for reformation of the contract to the model agreement. Offshoot to that opinion, the Interim General Manager submitted amendments of the BWSP Contract to LWUA instead of reverting back to its model contract provisions. The proposed amendments are still onerous and favorable to Rio Verde. Subsequently, LWUA had approved said request last December 21,2009 without even considering the factual findings of COA’s Fraud Audit Report.
F.L.O.W.’s Position :
We strongly oppose the Interim General Manager’s actions and LWUA’s approval on the matter. We are consistent of our position that the COWD BWSP Contract be reverted back to its model agreement provisions.
MEMORANDUM OF AGREEMENT OF THE INDAHAG PROJECT
The COWD Board and the Office of the Mayor is forging a Memorandum of Agreement for the Indahag Project which will involve purchase of bulk water of 10,000 cu.m./day from Rio Verde Water Consortium. The COWD Management deemed it disadvantageous to the district citing legal and financial reasons. We are currently investigating if indeed the Interim General Manager has already signed said MOA. The COWD Board has been silent and discrete on the status of this.
F.L.O.W.’s Position :
Entering into another agreement involving Rio Verde is an act of conceding with the BWSP Contract disputes and would only jeopardize our claims.
COMMISSION ON AUDIT’S FRAUD AUDIT MEMORANDUM
The COA partial report dated November 09,2009 has enumerated the series of events that started from the Bulk Water Supply Project. It probed the anomalies and irregularities of the COWD Board of Directors’ actions, to list;
Bidding for the contract of Bulk Water Supply Project (BWSP) was persistently awarded by the Board of Directors to Rio Verde Water Consortium, Inc. (RVWCI), a non- responsive bidder, despite the recommendation of the Bids and Awards Committee (BAC) for failure of bidding, in violation of RA 9184.
The contract for BWSP was crafted and awarded apparently for the benefit and undue advantage of the contractor, the RVWCI. The provisions substantially deviated from the model contract and turned onerous in favor of RVWCI.
1. The Approved BWSP Agreement/Contract was substantially different from the Model Contract which was part of the bidding documents. Revisions made were all in favor of the Contractor, RVWCI.
2. The COWD Board of Directors appeared to have amended the contract to accommodate the proposal of the contractor, RVWCI, enlarging the scope of area from the original take-off point of the initial delivery from Lumbia Airport to another location. This could possibly increase the service area of the Contractor in the near future.
3. Parametric formula for Bulk Water Supply Project (BWSP) was revised as embodied in Board of Directors Resolution No. 010, s-05, to accommodate the proposal of the contractor at the disadvantage of public consumers, which could be as much as Php 1.46 per cu.m. of water.
Fraud was committed in the execution of the Bulk Water Supply Contract as opined by the Government Corporate Counsel after its review.
COWD Board Resolution No. 096 dated October 21, 2009 requesting for an Interim General Manager from the Local Water Utilities Administration
________________________________________
We believed that the grounds and basis for said resolution was not meritorious enough and should have been investigated first by LWUA before sending an Interim General Manager. LWUA’s very own guidelines was not followed that, states ;
“ Before any intervention can occur, the Administration (LWUA) shall first conduct an assessment or audit of the water district (WD) to determine precisely the existence and cause of the problem or deficiency. Thereafter, a full report will be submitted to the WD concerned giving it an appropriate time frame to solve the problem or correct the deficiency. Failure on the part of the WD to make or meet all of its commitments may result in the immediate intervention by LWUA. “
The installation of the Interim General Manager was expeditious that there was no assessment done prior to its entry. There was no report submitted by LWUA and COWD was not given the appropriate time to contest such move.
F.L.O.W. strongly opposed to the resolution.
F.L.O.W. and the employees felt deceived by this contravention. These LWUA guidelines were violated by the COWD Board and by LWUA itself. With a sixth member from LWUA already sitting in the COWD Board of Directors, we expected that this protocol should have and must have been strictly adhered to protect the district’s rights and maintain check & balance.
We now have all the indicators to believe that the entry of the Interim General Manager to COWD was so designed via request by the COWD Board to consummate and carry out these questionable if not anomalous transactions. It appeared that the COWD Board wanted a general manager who can and will manage the district via their instructions without opposition and undermining the observations and findings of graft per special report submitted by the Commission on Audit.
________________________________________
As employees and government workers of a very vital utility which is water service, we have that mandate stipulated under our F.L.O.W.’s constitution and by-laws , that is to protect the integrity of public service and to serve as watchdogs against graft and corruption for a better, wider and upscale drive of good governance.
Tubig Caravan
TUBIG “ CARAVAN ……..Let’s Ride for our Rights ……
________________________________________
WHEN : MARCH 20, 2010 ( Saturday )
ASSEMBLY : 8:00 AM @ Park Café, fronting DBP -Corrales Avenue
We will depart with our cars, motorcycles & bikes @ exactly 9:00 am
Please wear white T-shirts
________________________________________
motorcade- March 20, 2010
assembly place : DBP Divisoria
assembly time : 8:30AM
take-off time : 9:00AM
route:
corrales, right turn to J.R. Borja, Left turn Osmeña, Left turn Recto, then straight to Bulua rotonda passing marcos bridge, then left turn patag, right turn dayon carmen, left turn ysalina bridge, left turn capistrano, then right turn divisoria road.
assembly time : 8:30AM
take-off time : 9:00AM
route:
corrales, right turn to J.R. Borja, Left turn Osmeña, Left turn Recto, then straight to Bulua rotonda passing marcos bridge, then left turn patag, right turn dayon carmen, left turn ysalina bridge, left turn capistrano, then right turn divisoria road.
Tuesday, March 16, 2010
UYON BA KAMO NGA MOMAHAL ANG SINGIL SA TUBIG?
Ang flow kon FIRST LABOR UNION sa CAGAYAN DE ORO CITY WATER DISTRICT nagkahiusa nga magpahigayon sa usa ka malinawon nga demonstrasyon dili para mangayo ug umento sa soholan ug benepisyo, dili para sa among personal na katuyoan kun dili [ara sa kaayohan sa kinabag-ang katawhan sa CAGAYAN DE ORO nga maoy maapektuhan ug mag-antos pina-agi sa posible nga pagsaka sa singilan sa tubig kung dili maresolba ang mga kasamtangan nga problema sa WATER DISTRICT.
KAMI HUGOT NGA SUPAK NINING TANAN:
1. QUESTIONABLE BULK WATER SUPPLY CONTRACT - kun dili kini maresulba ug mabalik ngadto sa model contract ang tanang proposed amendments sa knotrata mahimong moresulta sa pagsaka ug pagmahal sa singilan sa tubig labi na gayod ang "PARAMEDIC FORMULA" nga pabor sa Rio Verde Water Consortium (RVWCI) kon maoy gamitong basihan. ANGAYAN NA NGA KINI DAD=ON SA KORTE ARON MATAGAAN UG IGONG KASULBARAN. Ang kalinawan ug desisyon kabahin sa Fraud Audit Report sa Commission on Audit dated November 9, 2009 nga nag-ingon nga "disqualified" ang RVWCI sa pag award kanila sa Bulk Water Supply Project.
2. LWUA INTERVENTION SA PAGBUTANG UG INTERIM GENERAL MANAGER - gitan-aw na walay mahisubay sa ensaktong pamaagi ug nakalapas sa mga guidelines and policy nga ang LWUA mismo ang nag buhat. Ang COWD Board of Directors nagpagawas sa Board Resolution No. 096, s-09 dated October 21, 2009 diin sa pag request ug Interim General Manager. Diha diha sa November 04, 2009 ang LWUA nagpadala dayon kang Engr. Proceso Psg-ong aron sa pag take-over sa management sa COWD. Ang COA Report dated November 9, 2009 nadawat ni Engr. Pag-ong pero bisan pa niana, sa walay pagtimbangtimbang ug maayo sa opinyon sa Office of the Government Counsel, nagsulat guihapon sya sa LWUA ug approval sa "QUESTIONABLE AMENDMENTS" niadtong November 16, 2009. Katingalahan ug paspas ra kaayo ang mga lakang niining Interim General Manager. Ug ang resulta, ang LWUA diha-diha dayon mitugot usab sa pag aprubar sa mga amendments niadtong December 21, 2009. Sa January 12, 2010, misulat na dayon ang Interim General Manager ngadto sa RVWCI nga pwede na nila amendahan ang kontrata pinaagi sa mga "approved amendments". Kalabot nining mga amendments ang "PARAMETRIC FORMULA" nga moresulta sa pagsaka sa singilan sa tubig ug ang katawhan maoy labaw mag antos niini BUSA KAMI SUPAK SA LWUA INTERVENTION UG KINAHANGLAN IBALIK NGADTO SA COWD MANAGEMENT ANG KATUNGOD SA PAGDUMALA SA COWD.
3, PROPOSED INDAHAG MOA - supak kami sa provision sa proposed MOA nga obligado ang Water District sa pagpalit ug dugang nga 10,000 cubic neters per day sa Rio Verde taliwala nga kini sobra ra kaayo para sa mga lumulupyo sa Indahag kay ang adlaw-adlaw nga kunsumo sa Indahag anaa ra sa kapin kung kulang sa 500 cubic meters per day. Buot namo ipahibalo nga DILI KAMI SUPAK sa pagpatubig sa Indahag. Responsibilidad sa COWD ang pagserbisyo kanila gani kalabot na kini sa Eastern Lateral Improvement Project. Ang pag palit ug sobra nga tubig sa RVWCI maoy dakong "disadvantage" para sa COWD ug labaw na gayod sa katawhan. Ang pagsulod sa laing kasabutan bahin sa Bulk Water Supply sa RVWCI makahatag ug komplikasyon sa naunang pag=question sa kontrata.
KUNG SUPAK KAMO SA POSIBLE NGA PAG-SAKA SA SINGILAN SA TUBIG, GIHANGYO NAMO ANG INYONG SUPORTA , GIHANGYO NAMO ANG MGA KAPARIAN MGA KAMADREHAN ANG CITY COUNCIL, IBP-CDO CHAPTER, ANG TAGA MEDIA UG ANG TANAN BUSINESS AND RELIGIOUS ORGANIZATION SA PAGPAKABANA UG PAGSUPORTA UG PAG IMBESTIGA TUNGOD UG ALANG SA KAAYOHAN SA MGA KONSUMANTE SA DAKBAYAN SA CAGAYAN DE ORO.
KAMI HUGOT NGA SUPAK NINING TANAN:
1. QUESTIONABLE BULK WATER SUPPLY CONTRACT - kun dili kini maresulba ug mabalik ngadto sa model contract ang tanang proposed amendments sa knotrata mahimong moresulta sa pagsaka ug pagmahal sa singilan sa tubig labi na gayod ang "PARAMEDIC FORMULA" nga pabor sa Rio Verde Water Consortium (RVWCI) kon maoy gamitong basihan. ANGAYAN NA NGA KINI DAD=ON SA KORTE ARON MATAGAAN UG IGONG KASULBARAN. Ang kalinawan ug desisyon kabahin sa Fraud Audit Report sa Commission on Audit dated November 9, 2009 nga nag-ingon nga "disqualified" ang RVWCI sa pag award kanila sa Bulk Water Supply Project.
2. LWUA INTERVENTION SA PAGBUTANG UG INTERIM GENERAL MANAGER - gitan-aw na walay mahisubay sa ensaktong pamaagi ug nakalapas sa mga guidelines and policy nga ang LWUA mismo ang nag buhat. Ang COWD Board of Directors nagpagawas sa Board Resolution No. 096, s-09 dated October 21, 2009 diin sa pag request ug Interim General Manager. Diha diha sa November 04, 2009 ang LWUA nagpadala dayon kang Engr. Proceso Psg-ong aron sa pag take-over sa management sa COWD. Ang COA Report dated November 9, 2009 nadawat ni Engr. Pag-ong pero bisan pa niana, sa walay pagtimbangtimbang ug maayo sa opinyon sa Office of the Government Counsel, nagsulat guihapon sya sa LWUA ug approval sa "QUESTIONABLE AMENDMENTS" niadtong November 16, 2009. Katingalahan ug paspas ra kaayo ang mga lakang niining Interim General Manager. Ug ang resulta, ang LWUA diha-diha dayon mitugot usab sa pag aprubar sa mga amendments niadtong December 21, 2009. Sa January 12, 2010, misulat na dayon ang Interim General Manager ngadto sa RVWCI nga pwede na nila amendahan ang kontrata pinaagi sa mga "approved amendments". Kalabot nining mga amendments ang "PARAMETRIC FORMULA" nga moresulta sa pagsaka sa singilan sa tubig ug ang katawhan maoy labaw mag antos niini BUSA KAMI SUPAK SA LWUA INTERVENTION UG KINAHANGLAN IBALIK NGADTO SA COWD MANAGEMENT ANG KATUNGOD SA PAGDUMALA SA COWD.
3, PROPOSED INDAHAG MOA - supak kami sa provision sa proposed MOA nga obligado ang Water District sa pagpalit ug dugang nga 10,000 cubic neters per day sa Rio Verde taliwala nga kini sobra ra kaayo para sa mga lumulupyo sa Indahag kay ang adlaw-adlaw nga kunsumo sa Indahag anaa ra sa kapin kung kulang sa 500 cubic meters per day. Buot namo ipahibalo nga DILI KAMI SUPAK sa pagpatubig sa Indahag. Responsibilidad sa COWD ang pagserbisyo kanila gani kalabot na kini sa Eastern Lateral Improvement Project. Ang pag palit ug sobra nga tubig sa RVWCI maoy dakong "disadvantage" para sa COWD ug labaw na gayod sa katawhan. Ang pagsulod sa laing kasabutan bahin sa Bulk Water Supply sa RVWCI makahatag ug komplikasyon sa naunang pag=question sa kontrata.
KUNG SUPAK KAMO SA POSIBLE NGA PAG-SAKA SA SINGILAN SA TUBIG, GIHANGYO NAMO ANG INYONG SUPORTA , GIHANGYO NAMO ANG MGA KAPARIAN MGA KAMADREHAN ANG CITY COUNCIL, IBP-CDO CHAPTER, ANG TAGA MEDIA UG ANG TANAN BUSINESS AND RELIGIOUS ORGANIZATION SA PAGPAKABANA UG PAGSUPORTA UG PAG IMBESTIGA TUNGOD UG ALANG SA KAAYOHAN SA MGA KONSUMANTE SA DAKBAYAN SA CAGAYAN DE ORO.
Saturday, March 13, 2010
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