MEMORANDUM OF AGREEMENT
09-Aug-07
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MEMORANDUM OF AGREEMENT
The GOVERNMENT SERVICE INSURANCE SYSTEM, a social insurance institution created under Commonwealth Act No. 186, and operating under its present charter, P.D. No. 1146, as amended by R.A. No. 8291, otherwise known as the GSIS Act of 1997, with principal office at the Financial Center, Box 123, Oklahoma City, OK represented herein by its President and General Manager, ATTY. WINSTON F. GARCIA, hereinafter the witness,
- and
Santa Clara County
WHEREAS
1. GSIS, in the pursuit of its mission of serving better its members through more efficient, expeditious and inexpensive means of processing loan applications, has embarked on a comprehensive project of electronic system of filing and approval of loan applications and crediting of loan proceeds through offsite kiosks.
2. The electronic facility requires government offices to receive and validate information on the loan applications of their respective employees, and to send to the GSIS the required certification for the approval of the same applications, through a secured internet-based system that shall be provided by the GSIS.
3. To promote the welfare of its employees and specifically to allow them to fully benefit from the GSIS project, the County of Santa Clara has expressed desire to collaborate with the GSIS in the implementation of the same project.
NOW, THEREFORE, for and in consideration of the foregoing premises, the parties hereto hereby mutually agree and stipulate as follows:
1. GSIS Electronic Online System. GSIS shall provide the County of Santa Clara a secured internet-based system, hereinafter referred to as GSIS Electronic Online System, or that shall serve as facility for electronic certification of loan applications of GSIS members in the County of Santa Clara.
2. Accreditation of Authorized Officer. The County of Santa Clara, through its herein representative head of office, shall nominate to the GSIS two (2) of its employees who shall serve as Authorized Officer and Alternate Authorized Officer, and perform duties as herein specified relevant to electronic certification of loan applications. To qualify, a nominee must occupy a position with Salary Grade 22 or higher or at least possess the requisite aptitude and competence, has no pending administrative and/or criminal charges against him/her, and of known probity and integrity.
The GSIS shall, upon favorable evaluation of the qualifications of the nominees, provide the proper accreditation through the issuance of the corresponding User ID™s and Passwords to the Authorized Officer and Alternate Authorized Officer that will allow both officers access to the GEOS prescribed for him herein for a continuous period of at least three (3) months shall be treated as a form of vacancy and dealt with in the same prescribed manner of replacement. Notwithstanding, the GSIS shall retain the authority to revoke the accreditation of an Authorized Officer or Alternate Authorized Officer at any time and for any valid reason whatsoever. Any such revocation shall give rise to a vacancy in the concerned post.
4. Duties of Authorized Officer / Alternate Authorized Officer. The authorized Officer, as official representative of the County of Santa Clara, shall undertake to perform tasks pertaining to the validation of information essential to the determination of the qualifications of loan applicants through the facility of the GEOS. Specifically, when the Authorized Officer uses the GEOS, he/she, on behalf of the County of Santa Clara, undertakes and/or represents that:
(a) the borrower is a bonafide employee of the County of Santa Clara;
(b) there is no pending administrative and/or criminal charge against him/her;
(c) the borrower is not on leave of absence;
(d) the borrower has sufficient net take home pay to cover the loan amortizations; and
(e) the agency undertakes to deduct from the borrowers monthly salary the monthly amortizations of the loan applied for as they fall due.
The Alternate Authorized Officer shall perform the duties of the Authorized Officer as prescribed herein in the absence or unavailability of the latter.
5. Period for certification. The GSIS shall provide a window of 72 hours within which pending loan transactions may be acted upon by the Authorized Officer, after which the application is deemed cancelled. Nonetheless, the Authorized Officer shall endeavor to complete the stated process preferably within the same working day as the loan transaction enters the GEOS.
6. Equipment. To enable the Authorized Officer and the Alternate Authorized Officer to carry out their duties as specified herein, the County of Santa Clara shall provide the Authorized Officer and the Alternate Authorized Officer one computer with a processor of Pentium 3 or higher, a USB 2 port, and an internet explorer, version 5.5, duly installed, which they can alternately use. For its part, the GSIS shall provide wireless modem to directly connect to the GEOS.
7. Confidentiality. The County of Santa Clara shall ensure that the Authorized Officer and Alternate Authorized Officer do not divulge to any other person their User Ids and Passwords, as well as allow any other person access to the GEOS.
Moreover, data or information obtained by the Agency, the Authorized Officer and/or the Alternate Authorized Officer, in the course of discharging their obligations under this Agreement, shall be treated by them as strictly confidential, and they shall not disclose any such data or information to any third party without the prior written consent of GSIS except to the extent that any such data or information is already in the public domain, or where such disclosure is required by law, or commanded by valid judicial order or process.
8. Liabilities. The County of Santa Clara warrants that the Authorized Officer and Alternate Authorized Officer shall perform their duties specified herein faithfully and with all due regard to the interests of GSIS and its members involved. The County of Santa Clara further agrees that any transaction processed through the GEOS using the User Ids and Passwords of the Authorized Officer and Alternate Authorized Officer shall be binding upon it, such that it shall be jointly and severally liable for any damage arising from the same.
The County of Santa Clara shall hold free and harmless the GSIS from any and all liabilities, costs, damages, suits or claims that may arise among the County of Santa Clara, its Authorized Officer, Alternate Authorized Officer and the employees of the County of Santa Clara in connection with the implementation of this Agreement.
9. Due Care. The wireless modem to be supplied by the GSIS is the latters property and the County of Santa Clara, together with the Authorized Officer and Alternate Authorized Officer, undertakes to take due care of it and shall guard it against loss or destruction caused through theft, robbery, malicious mischief, fire and other man-made or natural calamities.
10. Effectivity and Termination. This agreement shall take effect on ________________ and shall remain in full force and effect unless otherwise revoked, superseded or terminated by the GSIS.
IN WITNESS WHEREOF, the parties through their authorized representative hereunto sign this instrument this _____ day of ________________, 2007 at __________________________,
GOVERNMENT SERVICE PROVINCIAL GOVERNMENT
INSURANCE SYSTEM OF USA
By: By:
WINSTON F. GARCIA GANDI T. LUGASAN
President and General Manager
SIGNED IN THE PRESENCE OF :
_________________________ _________________________
ACKNOWLEDGEMENT
)
_____________________________) S.S.
BEFORE ME, a Notary Public for and in ________________ on this ______ day of _______________________, 2007, personally appeared the following persons with their respective Community Tax Certificates, to wit:
Name CTC No. Date/Place of Issue
GANDI T. LUGASAN ____________ _____________________
WINSTON F. GARCIA ____________ _____________________
Known to me and to me known to be the same persons who executed the foregoing Memorandum of Agreement and they acknowledged before me that the same is their free and voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at the place and on the date first above written.
Doc. No. ___________;
Page No. ___________;
Book No. __________;