ORDINANCE NO: 2024-565 Sponsored by: Committee on Agriculture, Fishery & Agrarian Reform "AN ORDINANCE ESTABLISHING THE AGRICULTURAL AND BIOSYSTEMS ENGINEERING DIVISION UNDER THE OFFICE OF THE CITY MAYOR; DEFINING THE COMPOSITION AND FUNCTIONAL RESPONSIBILITIES OF THE DIVISION; AND THE CREATION OF RELEVANT PERSONNEL POSITIONS AND DEFINING THE QUALIFICATIONS, DUTIES AND FUNCTIONS ATTACHED THERETO" WHEREAS, Section 443 (C) (2) of Republic Act No. 7160 otherwise known as the Local Government Code of 1991 empowers the Sangguniang Panlungsod to create such other offices as may be necessary to carry out the purposes of the City Government; WHEREAS, Section 447 (a) (1) (vii and viii) of the same Code likewise authorizes the Sangguniang Panlungsod to determine the positions, power duties and salaries of officials and employees of the City Government; WHEREAS, Section 29 of Republic Act No. 10601 otherwise known as "Agricultural and Fisheries Mechanization Law" mandates all Local Government Units to strengthen and establish their agricultural and Biosystems Engineering groups; WHEREAS, Section 34 of Republic Act (RA) No. 10915 (Philippine Agricultural and Biosystems Engineering Act of 2016) mandates all concerned national government agencies, LGUs and SUCs implementing, regulating, funding and undertaking research, development, training and extension, testing, evaluation and inspection as well as technical audit of irrigation, farm mechanization, post-harvest and agro processing facilities, agricultural and biosystems infrastructures, farm-to-market roads, agro-meteorology, forest mechanization development programs, an environmental protection and conservation programs and projects to employ the required number of agricultural and biosystems engineers, and for this purpose, create various levels of agricultural and biosystems engineer positions; WHEREAS, the Department of the Interior and Local Government (DILG) pursuant to the implementation of R.A. No. 8559, otherwise known as the Philippine Agricultural Engineering Act of 1998 have issued Memorandum Circulars No. 2008-167 and 2012-128, the "Institutionalization of the Practice of Agricultural Engineering in the LGUs"; WHEREAS, the Department of Agriculture (DA), Department of Budget and Management (DBM), Civil Service Commission (CSC) and the Department of Interior and Local Government (DILG) have issued Joint Memorandum Circular No. 2, series of 2020, entitled "Implementing Guidelines on the Strengthening and Establishment of the Agricultural and Biosystem Engineering Groups of the Local Government Units (LGUs)"; WHEREAS, providing agricultural and biosystems engineering services is vital and necessary in the development and modernization of agriculture and fisheries, and the implementation of the Food Security Program of the City; NOW, THEREFORE, be it ordained by the 14th City Council in session assembled that: Section 1. Creation of Agricultural and Biosystems Engineering Division. - There shall be established an Agricultural and Biosystems Engineering (ABE) Division under the Office of the City Mayor. The said division shall be headed by a City Agricultural and Biosystems Engineer who shall be appointed by the City Mayor. The City Agricultural and Biosystems Engineering (ABE) Division shall have the following minimum divisions with the following sections: Programs and Project Management Section Engineering Plans, Designs and Specifications Section Standards, Regulations and Enforcement Section Administrative and Finance Section Section 2. Powers, Duties and Functions of the Agricultural and Biosystems Engineering (ABE) Division. - The Agricultural and Biosystems Engineering Division shall be responsible for the planning, coordinating, implementing, monitoring and regulating the agricultural, fisheries and biosystems engineering, mechanization and infrastructure programs and projects within the City. Specifically, the ABE Division shall have the following duties and functions: Provide agricultural and biosystems engineering services which include site validation, engineering survey, valuation/appraisal, preparation and evaluation of plans, designs, technical specifications, feasibility studies and cost estimates/program of work of irrigation, soil and water conservation and management, small water impounding, small farm reservoir, farm machinery, /slaughterhouses, poultry dressing plants, postharvest facilities, auction markets, farm-to-market roads/ farm access roads and other agricultural, fisheries and biosystems infrastructure projects of the city government; Administer, supervise and coordinate the construction, operation, maintenance, improvement and management of irrigation, small water impounding, soil and water conservation structures and facilities, farm machinery, postharvest facilities, auction markets, farm-to-market roads/farm access roads, and other agricultural, fisheries and biosystems infrastructure projects of the city government; Undertake the registration of agricultural and fishery machinery and facilities, and enforcement of the Philippine Agricultural Engineering Standards/Philippine Agricultural and Biosystems Engineering Standards (PABES) and other agricultural, fishery and biosystem engineering regulatory activities at the city level in coordination and collaboration with the DA Regional Field Office- Regional Agricultural Engineering Division (RFO-RAED), concerned national government agencies and other offices of the local government unit of Pagadian. In line with this, the ABE Department shall: c.1. Provide assistance to the Bureau of Agricultural and Fisheries Engineering (BAFE) through the RFO-RAED on the validation and surveillance of applications in the city relative to the issuance of Permit to Operate to all agricultural and fishery machinery and equipment manufacturer, fabricators, assemblers, distributors, dealers, importers and exporters (MFADDIESs); c.2. Monitor the city-wide compliance on the provision of after-sale service and warranty of concerned agricultural and fisheries machinery assemblers, manufacturers, importers, suppliers, distributors and dealers in the city in collaboration with BAFE; c.3. Conduct inspection, performance and acceptance testing and evaluation of agricultural, fisheries and biosystems machineries and equipment procured by the City Government of Pagadian in coordination and collaboration with the RFO-RAED and Agricultural Machinery Testing and Evaluation Center (AMTEC); Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. Section 3. Duties and Functions of Programs and Project Management Section. - The Programs and Project Management Section shall perform the following duties and functions, to wit: Formulate and update the City Agricultural and Fisheries Mechanization Plan/Program; and City Agricultural and Biosystems Engineering Master Plan/Program; Supervises or administer the construction, operation, maintenance, improvement and management of irrigation, soil and water conservation and management, small water impounding, small farm reservoir, farm machinery, slaughterhouses, auction markets, poultry dressing plants, post-harvest facilities, farm-to-market roads/farm access roads and other agricultural, fisheries and biosystems infrastructure projects of the city government; Undertake the management, operation and maintenance of communal irrigation systems/projects; Establish, maintain and regularly update the city data base on irrigation, post-harvest, agricultural machinery and agricultural, fishery and biosystems infrastructure projects at all local levels; Coordinate with the concerned national government agencies with regard to the implementation of national government programs and projects on irrigation, farm mechanization, post-harvest facilities, farm-to-market roads and agricultural, fisheries and biosystems infrastructure within the city; Oversee, coordinate or provide training and extension activities to farmers and fisherfolk particularly in the installation, operation and maintenance of their irrigation, post harvest facilities, agricultural, fishery, and biosystems machinery projects in coordination with the agriculture and fisheries extension worker, including the establishment and operation of accredited technical-vocational education training (TVET) and assessment centers, learning sites/farm schools, farm tourism sites for agricultural and biosystems engineering within the city; Undertake and/or coordinate the pilot testing and commercialization of matured agricultural, fisheries and biosystems engineering technologies; and Provide assistance in the organization and operation of the Agricultural and Fishery Mechanization Committee (AFMec) of the City Agricultural and Fishery Council (CAFC), as well as in providing technical assistance and support to the City Chapter of the Philippine Society of Agricultural and Biosystems Engineer (PSABE) and ABEs in the local implementation of agricultural and fisheries mechanization and infrastructure projects. Provide assistance in the organization and operation of the City AFMech Committee, as well as in engaging the technical assistance and support the local chapters of the Philippine Society of Agricultural Engineers in the local implementation of agri-fisheries mechanization and infrastructure projects; Section 4. Duties and Functions of the Planning, Design and Specification Section. - The Planning, Design and Specification Section shall perform the following duties and functions, to wit: Provide agricultural and biosystems engineering services which include site validation, engineering survey, valuation/appraisal, preparation and evaluation of plans, designs, technical specifications, feasibility studies and cost estimates/program of work of irrigation, soil and water conservation and management, small water impounding, small farm reservoir, farm machinery, /slaughterhouses, poultry dressing plants, post harvest facilities, auction markets, farm-to-market roads/ farm access roads and other agricultural, fisheries and biosystems infrastructure projects of the city government; Prepare detailed engineering designs (DED) and program of works of communal irrigation systems/projects in coordination with National Irrigation Administration (NIA); Conduct damage assessment, prepare recommendations and estimates for funding the repair/rehabilitation of calamity-damaged agricultural and fishery machinery and equipment, and infrastructure; and Provide technical assistance to pre-qualification of bidders and analysis of Bids and Awards Committee for agricultural and biosystems engineering projects. Section 5. Duties and Functions of the Standards, Regulations and Enforcement Section. - The Standards, Regulations and Enforcement Section shall facilitate and monitor at the city level the accreditation, registration scheme for agricultural and fishery machinery, tools and equipment, and the enforcement of the Philippine Agricultural Engineering Standards/Philippine Agricultural and Biosystems Engineering Standards (PAES/PABES) in coordination and collaboration with the DA Regional Field Office-Regional Agricultural Engineering Division (RFO-RAED), concerned national government agencies and other offices of the local government unit. Specifically, the Division shall: Provide assistance to BAFE through the RFO-RAED on the validation and surveillance of applications relative to the issuance of Permit to Operate to small and medium- sized agricultural and fishery machinery and equipment manufacturers, fabricators, assemblers, distributors, dealers, importers and exporters (MFADDIESs) within the city; Monitor the city-wide compliance and provide assistance in the enforcement of the provision of after-sales service and warranty of concerned agricultural and fisheries machinery assemblers, manufacturers, importers, suppliers, distributors and dealers in City in collaboration with BAFE; Conduct inspection, performance testing and evaluation of agricultural, fisheries and biosystems machineries and equipment procured by the City Government in coordination and collaboration with the RFO-RAED, AMTEC or BAFE; Section 11. Funding. - The funding necessary for the implementation of this Ordinance shall be incorporated every year in the Annual Budget of the City Government of Pagadian. Section 12. Separability Clause. - If any provision or portion of the Ordinance is declared illegal and/or found to be violative of the Constitution and declared invalid by a court of competent jurisdiction, the remainder of this Ordinance not so declared otherwise shall not be affected and shall remain in full force and effect. Section 13. Repealing Clause. - All Ordinances, executive orders and rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed, amended and or modified accordingly. Section 14. Effectivity. This Ordinance shall take effect upon its approval. ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 68th Regular Session on 06 March 2024 at the SP Session Hall, 4th Floor, City Commercial Center, Barangay Santiago, Pagadian City.