SOP Exhibits
Title
:
MOA - Soil Kit Test (Exhibit)
SOP Number :
TS-ES15
MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This AGREEMENT is made and entered by and between:
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 as Chairman of the Corn Development Fund Committee, hereinafter called as 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 Bldg., Elliptical Road, corner Visayas Avenue, Diliman, Quezon City, represented by its Director,
ROGELIO N. CONCEPCION,
hereinafter called as cooperator;
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 represents the net proceeds accruing from the 600,000 MT yellow corn which the NFA was authorized to import in 1998 and for which the NFA was made a trustee to use such fund to Corn Development Projects;
WHEREAS
, the Presidential 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’s proposal to provide Logistical Assistance for Soil Testing Center and Farmers Cooperatives in the Mindanao Region has been approved;
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 regions necessary to carry out the project, hence capable to become a cooperator in the implementation of the project;
NOW, THEREFORE
,
for and in consideration of the foregoing premises and the term and conditions hereto setforth, the NFA and BSWM hereby mutually agree to enter into this agreement under the following terms and conditions:
ARTICLE 1. SUBJECT MATTER OF AGREEMENT
The parities hereto mutually agree to undertake, in collaborative efforts, the acquisition, supply and delivery of soil tests kits to be distributed to identified farmer organization/cooperative beneficiaries in Region X and XI with the provision for training on the utilization of said soil kits and soil analysis process. The acquisition, supply and delivery of soil test kits shall be made in accordance with existing government accounting and auditing rules and regulations.
ARTICLE 2. SCOPE AND OBJECTIVE OF PROJECT
The project aims to provide logistical assistance in the form of soil test kits to identified farmer organizations/cooperatives in Region X and XI thru a joint project undertaking under the CORNDEV Fund Committee Program to enhance the productivity of farmers through the conduct of soil analysis.
ARTICLE 3. OBLIGATION OF ENTITIES
NFA
a. Shall remit the amount of
SIX HUNDRED FIFTY THOUSAND PESOS (P650,000.00)
to BSWM for the acquisition, supply and delivery of soil test kits estimated at ONE THOUSAND PESOS (P1,000.00) per kit for disbution to identified farmer organizations/cooperatives in Regions X & XI;
b Shall provide another
TWO HUNDRED THOUSAND PESOS (P200,000.00)
to be utilized for the conduct of training by BSWM on soil analysis and soil test kit utilization to farmer organization/cooperative beneficiaries;
c. Shall pay an honorarium of
TWO THOUSAND PESOS (P2,000.00)
per day per resource person to be taken from the
TWO HUNDRED THOUSAND PESOS (P200,000.00)
fund for training;
d. Shall coordiante with BSWM in the acquisition, supply and delivery of soil test kits to identified farmer organizations/cooperatives in Region X & XI;
e. Shall identify the venue of training, prepare the corresponding schedules and coordinate with identified farmer organization/cooperative beneficiaries for their respective participants in the training to be conducted;
f. Shall ensure the liquidation of funds remitted to BSWM in accordance with the existing government accounting and auditing rules and regulations;
g. Shall undertake continuous monitoring activities on the utilization of soil test kits.
BSWM
a. Shall be responsible in the acquisition, supply and delivery of soil test kits priced at an estimated cost of
ONE THOUSAND PESOS (P1,000.00)
per kit to NFA Bukidnon and NFA South Cotabato City for distribution to identified farmer organization/cooperative beneficiaries of said areas;
b. Shall issue the corresponding Official Receipt (OR) upon receipt of the amount received from NFA for the acquisition, supply and delivery of soil test kits;
c. Shall facilitate the delivery of soil test kits at the designated places of delivery within two (2) months from receipt of the amount released by NFA;
d. Shall submit to NFA thru the Corndevel Fund Committee the Abstract of Disbursement Vouchers duly verified and certified correct by the Resident Auditor of BSWM together with the following documents within six (6) months after delivery of soil test kits to NFA Bukidnon and South Cotabato, respectively;
1. Official Receipt (OR) issued by the BSWM Cashier evidencing receipts of
2. Delivery Receipts (DR) to evidence acknowledgement of soil test kits by NFA Bukidnon and South Cotabato.
e. Shall be responsible in the preparation and conduct of the training for the usage, management and maintenance of soil test kits to be distributed to identified farmer organization/cooperative beneficiaries;
f. Shall be responsible for the refill of soil test kits at prevailing cost and ensure/prioritize the availability of said refills thru its offices at Cagayan de Oro City and General Santos City.
ARTICLE 4. GENERAL PROVISIONS
a. The parties shall continue to evaluate the project for the necessary improvements;
b. 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 farmer organization/cooperative beneficiaries;
c. The NFA-CDG-TWG shall monitor the submission of quarterly reports by the farmer organization/cooperative beneficiaries thru NFA-Bukidnon and South Cotabato with regards to the implementation of the program;
d. 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 or renewed by all parties;
e. The project proposal attached to this agreement shall form an integral part hereof;
f. The NFA reserves the right to impose such other terms, conditions, and amendments as the Department for Legal Affairs (DLA), or 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.
(SGD.)
DOMINGO F. PANGANIBAN (SGD.) ROGELIO N. CONCEPCION
Acting NFA Administrator Director
Chairman, Development Fund Bureau of Soils and Water
Committee Management Management
Signed in the presence of:
(SGD.) GREGORIO Y. TAN, JR.
(SGD.) LAURO G. HERNANDEZ, Ph. D
NFA Deputy Administrator BSWM-OIC Lab. Services Division
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
1st
day of
February
, 2001, personally 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 1-21-00
Committee
ROGELIO N. CONCEPCION Director - BSWM No. 05947114
Issued at Q.C.
Issued on 1-5-01
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 and deed as well as the free and voluntary act and deed of the entities represented.
I FURTHER CERTIFY
that the foregoing instrument relates to a Memorandum of Agreement executed by and between
NATIONAL FOOD AUTHORITY
and
BUREAU OF SOILS AND WATER MANAGEMENT
consisting of five (5) pages including this page wherein this Acknowledgement is written and signed by the herein parties and their instrumental witnesses on all pages of attachments.
WITNESS MY HAND AND SEAL
on this
1st
day of
February
, 2001
at
Quezon City
, Metro Manila,
Philippines.
(SGD.) ERNESTO D. CUHUCOM
NOTARY PUBLIC
Doc. No. 198;
Page No. 41 ;
Book No. 1;
Series of 2 0 0 1