SOP Exhibits
Title:MOA-Soil Kit

SOP Number : TS-ES15
National Food Authority
CORN DEVELOPMENT FUND

MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This agreement is made and entered by and among:

NATIONAL FOOD AUTHORITY (NFA), a government agency created by virtue of Presidential Decree No. 4 as amended by Presidential Decree No. 1485 and 1770 with principal office and place of business at 101 Matimyas Bldg., E. Rodriguez Sr. Avenue, Quezon City, represented by acting Administrator DOMINGO F. PANGANIBAN and Chairman of the Corn Development Fund Committee, herein called the trustee;

BUREAU OF SOIL AND WATER MANAGEMENT (BSWM), a government agency under the Department of Agriculture with principal office and place of business at SOIL SEARCH Center Building, Elliptical Road, corner Visayas Avenue, Diliman, Quezon City, hereinafter called the collaborating agency;
and

CENTRAL MINDANAO UNIVERSITY (CMU), a State run institution with principal office and place of business at University Town, Musuan, Bukidnon represented herein by its President, MARDONIO M. LAO herein called the grantee;
WITNESSETH:

WHEREAS, corn being the 2nd most important crop in the Philippines needs substantial improvement in terms of productivity and profitability to lessen if not to eradicate the production-consumption gap brought about by the confluence of various constraining factors such as production shortfalls, low adoption rate of modern corn technologies, declining corn areas, high transport and marketing cost, inadequate infrastructure support, limited access of farmers to credit, high post harvest losses and aflatoxin infestation and weak institutional capacity and linkage;

WHEREAS, the government, cognizant to the problems besetting the corn industry issued Presidential Memorandum Order No. 468 dated March 17, 1998 for the establishment of the Corn Development Fund Program to provide assistance in the development of the corn industry as an essential factor for a well-balanced and self-reliant agricultural sector of the nation's economy;

WHEREAS, the Corn Development Fund represent the net proceeds accruing from the 600,000 MT yellow corn importation in 1998 conducted by the NFA;

WHEREAS, said Memorandum Order No. 468 authorized the creation of Corn Development Fund Committee to evaluate, recommend, and monitor projects for corn productivity and quality enhancement project.

WHEREAS, the Corn Development Fund Committee has approved the proposal of NFA to provide Logistical Assistance for Soil Testing Center and Farmers Cooperatives in the Mindanao Region;

WHEREAS, the BSWM is tasked thru Executive Order No. 116 among others, to advise and render assistance on matters relative to the utilization of soils and water as vital agricultural resources, and formulate measures and guidelines for effective soil, land and water resources utilization;

WHEREAS, the BSWM has the technical expertise and soil laboratories in the region necessary to carry out the approved project proposal of the NFA;

WHEREAS, the Central Mindanao University (CMU) has been mandated to perform the research thrust that involves basic and applied researches in livestock and crops and in the generation, packaging and evaluation of mature technologies relevant to the needs of the Mindanao Region;

WHEREAS, the CMU is strategically located to serve the corn producing areas of Malaybalay, Maramag and Valencia.

NOW, THEREFORE, for and in consideration of the foregoing premises and the term and conditions hereto set forth, the NFA, CMU and BSWM mutually agreed to enter into this agreement under the following terms and conditions:

ARTICLE I. SUBJECT MATTER OF AGREEMENT

The parities hereto agree to undertake a mutual agreement in the agreement in the acquisition, supply and delivery of Soil Tests Kits to CMU;

ARTICLE II. SCOPE AND OBJECTIVE OF PROJECT

The Project aims to provide logistical assistance in the form of Soil Test Kits to CMU through joint project undertakings under the CORNDEV Fund Committee to enhance the productivity of farmers through the conduct of soil analysis.
ARTICLE III. OBLIGATION OF ENTITIES

NFA (Corn Development Fund Committee)

a. Shall remit the amount of THREE HUNDRED THOUSAND PESOS (P300,000.00) direct to BSWM
for the acquisition, supply and delivery of soil test kits to CMU for the benefit of farmer organizations/cooperatives in the area;

b. Shall coordinate with the BSWM for the supply of soil test kits to be delivered to CMU;

c. Shall remit the amount of TWENTY FIVE THOUSAND TWO HUNDRED PESOS (P25,200.00) to CMU representing start up fund for the first four (4) months of the project implementation and to be used by its Soil Testing Plant Tissue Testing Laboratory staff to defray cost of travel and diesel fuel in identified Barangay Centers in the municipalities of Malaybalay, Maramag and Valencia to analyze FO - Cooperatives soil samples;

d. Shall monitor and evaluate the project implementation in consonance with the objectives of the project.

BSWM

a. Shall issue to NFA the corresponding Official Receipt (for the account of CMU) representing for the amount received intended for the acquisition, supply and delivery of soil test kits to be used in the above mentioned project;

b. Shall acquire, supply and deliver the total quantity of soil test kits to Central Mindanao University in Musuan, Bukidnon within two (2) months from the receipt of the fund for the acquisition, supply and delivery of soil test kits estimated to cost at ONE THOUSAND PESOS (P1,000.00) per kit;

c. Shall submit to NFA thru the CORNDEV Fund Committee an audited report duly certified by the resident COA Auditor together with the following documents within six (6) months after delivery of soil test kits to CMU;
d. May enter into an agreement with CMU on the mode of delivery of the soil test kits intended for the utilization under the project.

e. Shall be responsible for the refill of soil test kits at prevailing cost and ensure/prioritize the availability of said refills thru its office at Cagayan de Oro City.

CMU

a. Shall submit an acknowledgement report to NFA within seven (7) days from the receipt of Soil Test Kits delivered by BSWM specifying total quantity of kits received, condition and other relevant observations.

b. Shall prioritize the servicing of soil samples submitted for soil test analysis by identified farmer organization/cooperative beneficiaries using the soil testing kits provided for under the project;

c. Shall coordinate with BSWM on the refills needed to assure continuous servicing of soil test analysis to farmer organizations/cooperatives;

d. Shall charge assessment fees based on prevailing rates to assure sustainability of the project.

e. Shall issue to NFA the corresponding Official Receipts (PR) representing remittance of P25,200.00 as start up fund to be used by its Soil & Tissue Testing Laboratory staff to defray cost of travel and diesel fuel. Corollary, said fund remittance shall be liquidated thru the submission of disbursement voucher duly certified by the COA resident auditor within six (6) months upon receipt.

f. Shall submit quarterly report to NFA on the utilization of the soil test kits granted. The data to be submitted shall include the number of farmers/clients served, number of soil sample tested, results of soil analysis, fertilizer recommendation, amount generated and the problems encountered.
ARTICLE IV. GENERAL PROVISIONS

a. The NFA-CDF-TWG shall conduct periodic on-site inspection, review and evaluation with regard to the project implementation to determine the effects of the program to the beneficiaries;

b. The NFA-CDG-TWG shall monitor the submission of quarterly reports by CMU through NFA-Bukidnon regarding the implementation of the program;

c. This agreement shall take effect upon the signing of the MOA and shall remain in force during the entire duration of the program unless pre-terminated by all the parties;

d. The NFA reserves the right to impose such other terms, conditions, and amendments as the Department for Legal Affairs (DLA), of the Office of the Government Corporate Counsel (OGCC), or the Commission on Audit (COA) may deem necessary and proper for the protection of the rights and interest of the NFA.

IN WITNESS WHEREOF, the parties hereto have executed this agreement and hereunto affixed their signature this 30th day of January, 2001 at Quezon City, Philippines.

NATIONAL FOOD AUTHORITY (NFA) BUREAU OF SOILS AND WATER
MANAGEMENT (BSWM)
Collaborating Agency

By: By:

(SGD.) DOMINGO F. PANGANIBAN (SGD.) ROGELIO N. CONCEPCION, Ph.D.
CENTRAL MINDANAO UNIVERSITY (CMU)
Grantee

(SGD.) MARDONIO M. LAO, Ph.D.

Signed in the presence of:

(SGD.) GREGORIO Y. TAN, JR. (SGD.) LAURO G. HERNANDEZ, Ph. D
NFA Deputy Administrator BSWM-OIC Lab. Services Division

(SGD.) NONILONA P. DAQUIADO
Chair, Dept. of Soil Science, CMU



A C K N O W L E D G E M E N T


REPUBLIC OF THE PHILIPPINES)
QUEZON CITY ) S.S.


BEFORE ME, a Notary Public for and in Quezon City, Metro Manila, this February 16, 2001personally appeared with their respective Community Tax Certificates, to wit:

NAME Designation/Office Com. Tax Certificate

DOMINGO F. PANGANIBAN Acting NFA Administrator No. 10353942
& Chairman, Corn Issued at Q.C.
Development Fund Issued on 1-21-2000
Committee

ROGELIO N. CONCEPCION Director - BSWM No. 05947114
Issued at Q.C.
Issued on 1-5-01

MARDONIO M. LAO President - CMU No. 02363062
Issued at Musuan, Bukidnon
Issued on January 16, 2001

known to me and to known to be the same persons who executes the foregoing MOA consisting of _______________ ( ) pages, including the pages on which this acknowledgement and is written. Signed by the parties and their is instrumental witnesses and they acknowledge with me that the same is their free and voluntary act and deed, as well as that of the entities they represent.

WITNESS MY HAND AND SEAL

(SGD) EDNA T. LOVERIA
NOTARY PUBLIC

Until December 31, 2001
PTR No. 0301636_______
Doc. No. 380; Issued at Pasig, MM
Page No.: 68 ; Issued on January 18, 2001
Book No.: 20;
Series of 2001

SUPPLEMENTAL MEMORANDUM OF AGREEMENT
(BETWEEN NFA AND BSWM)

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, a Memorandum of Agreement was executed by and between the National Food Authority (NFA) and Bureau of Soils and Water Management (BMWM) on January 30, 2001 at Quezon City, Philippines, under the Notarial Seal of Atty. Ernesto D. Cahucom dated February 1, 2001 at Quezon City, Philippines, with Doc. No. 198, Page No. 41, Book No. 1, Series of 2001;

WHEREAS, the Corn Development Project particularly the provision of Logistical Assistance, in the form of soil test kits, for Soil Testing Centers and Farmer Cooperatives in Mindanao Region is already on its implementation stage;

WHEREAS, a total of Nine Hundred Fifty Thousand Pesos (P950,000.00) was remitted to BSWM for the acquisition, supply and delivery of soil test kits which will be distributed to Central Mindanao University (CMU) and Farmer Organizations (FO's) in Region X and XI;

WHEREAS, BSWM was able to acquire the total required number of soil test kits at about Eight Hundred Thousand Pesos (P800,000.00), hence the remaining balance of One Hundred Fifty Thousand Pesos (P150,000.00) from the total amount remitted for the purpose;

WHEREAS, NFA has recognized the need to acquire empty soil test kits and refills in order to make readily available the replacement of used soil test kits to sustain the project, thus the necessity to further define the obligations of the contracting parties.

NOW THEREFORE, for and in consideration of the foregoing premises, the herein parties agree to the following:

OBLIGATIONS OF THE PARTIES:

I. NFA

1.1 Shall authorize the BSWM to use the remaining balance for the purchase of empty kits equivalent to 50% of the soil test kits acquired and delivered to the Farmer Organization beneficiaries in Region X and XI, and refills equivalent to 100% of the total number of kits (originally) acquired for CMU and the FO's.

1.2 Shall remit to BSWM additional funds amounting to ______________________________ for the purchase of empty kits and refills aforementioned;

1.3 Shall collect and remit to the DAS/CO, thru its offices at Bukidnon and South Cotabato, the payments by the FO's for the kit replacements;

1.4 Shall provide BSWM the necessary data on the subsequent soil test kit requirements, one month before the date these kits will be actually used, to facilitate the preparation and thus ensure the availability of the required kit replacements to sustain the project;

1.5 Shall provide the BSWM the necessary fund, which will be sourced from the payments collected from the FO's, for the acquisition, supply and delivery of such kit replacements.

2. BSWM

BEFORE ME, a Notary Public for and in Quezon City, Metro Manila, this _____ day of ________, 2001, personally appeared with their respective Community Tax Certificate:

NAME DESIGNATION/ CTC/DATE/PLACE
OFFICE ISSUED

Anthony R. A. Abad NFA Administrator
& Chairman, Corn
Development Fund
Committee

Rogelio N. Concepcion Director, BSWM

known to me and to known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act.

This document, consisting of three (3) pates including this page where the acknowledgement is written, signed by the parties and their instrumental witnesses on each and every page thereof and sealed with my notarial seal on the date and place above written.


NOTARY PUBLIC

Doc. No. _____________
Page No. _____________
Book No. _____________
Series of 2001