Republic of the Philippines

MEMORANDUM OF AGREEMENT
(Republic Act No. 11494 or the Bayanihan to Recover as One Act)

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (MOA) made and entered into by and among:

The DEPARTMENT OF AGRICULTURE-REGIONAL FIELD OFFICE-CORDILLERA

ADMINISTRATIVE REGION, a government agency created under the law, with postal
address at BPI Compound, Guisad, Baguio City, herein represented by its OIC-Regional
Executive Director, and herein after referred to CAMERON P. ODSEY as “DA-RFO-CAR";
-and-

The City Local Government of Tabuk , a local government unit duly created under
the laws of the Republic of the Philippines, with office address at Tabuk City, Kalinga
represented by Honorable DARWIN C. ESTRAÑERO herein referred to as “CLGU”;

-and-

The SACKI ESTATE FARMERS ASSOCIATION, a non-government organization duly

registered with SEC/CDA/DOLE/DTI Reg. No. CAR 2015-01-033, and office address at
Bantay Tabuk City duly represented by its Chairman/President KENNEDY L. SACKI , herein
referred to as “BENEFICIARY”;

-WITNESSETH-

WHEREAS, the DA, through the DA-RFO-CAR is implementing Republic Act No.
11494 or the Bayanihan to Recover as One Act, is a law of the Philippines that was enacted in
Philippines providing for covid-19 response and recovery interventions and providing
mechanisms to accelerate the recovery and bolster the resiliency of the Philippine economy,
providing funds therefor, and for other purposes.

WHEREAS, the Sangguniang Bayan of the CLGU authorized the mayor to enter into
this agreement through Resolution No. ___________________. (A copy of which is attached and
made integral part hereof);

WHEREAS, the BENEFICIARY is found to be qualified as beneficiary for Community

Coffee Enterprise;

NOW THEREFORE, for and in consideration of the foregoing premises, the parties
hereby agree on the following terms and conditions:

I. The DA-RFO-CAR shall:

1. Allocate funds for the implementation of the Facility as provided in the
Republic Act No. 11494 or the Bayanihan to Recover as One Act;
2. Comply with its responsibilities provided in the DA-Memorandum Order No.
50 Series 2020 (Revised Guidelines in the Provision of Agricultural
Production, Postharvest and Processing Machinery, Equipment, and
Facilities);
3. Turnover the facility to the qualified recipient upon submission and
compliance to complete documentary requirements;
4. Conduct regular coordination and monitoring activities with CLGU to ensure
proper implementation, completion on time, and institute corrective
measures ; and
5. Conduct operational monitoring to assess the status and performance of the
machine and the level of utilization of the recipient;

II. The CLGU shall:

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1. Submit to DA-RFO-CAR the documents required by

the latter for the fund transfer;
2. Implement the following project(s):

Name of Location Project Details Total Amount

Project Obligated
Community Bulanao, Post-harvest /Processing Php 2, 000, 000.00
Coffee Tabuk City, Equipment set-up with
Enterprise Kalinga delivery
Improvement on Php 400, 000.00
processing facility for
FDA
Marketing and Php 100, 000.00
Promotions Campaign
TOTAL Php 2, 500, 000.00

3. Provide a copy of its account, passbook or latest bank statement to the DA-
RFO-CAR;
4. Issue an official Receipt to acknowledge payments/fund releases from DA-
RFO-CAR;
5. Ensure that the Municipal Treasurer shall be responsible in taking up the
account as trust fund and that it will be used solely for its intended purpose;
6. Comply with the rules and regulations governing government projects and in
accordance with the approved plans and/or specifications;
7. Satisfactorily complete the project/s in accordance with the approved POW
and plan/design/ specifications within the period provided for each project;
8. Shall be solely responsible in any disallowance that may be issued as a
consequence of the transfer and implementation of the project;
9. Make available to DA-RFO-CAR Auditor and representative/s all project
records and documents related to the project upon request for inspection;
10. Comply with the other requirements of COA Circular No. 94-013 and COA
Circular No. 2012-001 not specifically mentioned herein;
11. Assist in the settlement of right –of –way and other social issues;
12. Conduct regular monitoring of the said facility and submit quarterly status
report to the DA RFO-CAR; and
13. Assist beneficiary in the crafting of business and maintenance plan.

III. The BENEFICIARY shall:

1. Secure necessary documents required by the RFO for the Project as stated on
the guidelines;
2. Formulate Business and maintenance Plan prior to the turn-over with the
assistance of the Municipal Local Government Unit;
3. Maintain record/detailed logbook on the utilization of the facility;
4. Submit to the RFO and LGU the status of operation of the facility as stated in
the business and utilization plan;
5. Provide operation and maintenance cost of the facility;
6. Utilize the facility in accordance with its intended purpose;
7. Allow and assist DA and other concerned agency to perform audit
/assessment of the facility provided;

8. Comply with all the laws , rules, and regulations relative to the use and
sanitary condition of the facility;
9. Train and follow-up establishment of 30 farmer entrepreneurs;
10. Open the facility & accommodate farmer visits; and
11. Shoulder the notarization of this MOA

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IV. Reservation Clause

The recipient shall lose its right under this MOA in case of failure to comply its
obligations enumerated above.

V. Effectivity

This agreement shall take effect on the date of signing hereof by the parties
concerned and shall be terminated upon satisfactory fulfillment of all terms and
condition embodied herein. Any modification or amendment to this agreement as
proposed either of the parties or their successors in the office shall be mutually
agreed upon in writing by the parties hereto of their successors in office.

IN WITNESS WHEREOF, the parties have herein after set their hands and affixed their
signatures this _________ day of _______________________at _______________________________, Philippines.

For the DA-RFO-CAR: For the CLGU:

CAMERON P. ODSEY DARWIN C. ESTRAÑERO

OIC-RED, DA-RFO-CAR Mayor -City Local Government Unit

For the BENEFICIARY:

KENNEDY L. MOLINTAS
Beneficiary President/Chairman

Witnesses:

DANILO P. DAGUIO, Ph.D., CESO IV JULIBERT AQUINO

RTD for Operations Municipal Agriculture Officer

Fund Allocation

CLYDE O. WAYTAN

Chief, Finance & Admin Division

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 Republic of the Philippines

Republic of the Philippines)

PROVINCE of ___________) s.s.

ACKNOWLEDGEMENT

BEFORE ME, undersigned Notary Public for and in the ____________________________________

personally appeared:

Name Identification Doc. Valid Until

CAMERON P. ODSEY TIN#:117-814-350 ___________________

DARWIN C. ESTRAÑERO TIN #: _________________ ____________________

KENNEDY L. MOLINTAS TIN#: 946-424-345 ____________________

TIN #: _________________ _____________________

Known to me and to me known to be the same persons who executed the foregoing
document and they acknowledge to me that the same is their free and voluntary act and deed
and of the parties they represent;

This document, consisting of _________ (___) pages, including this page on which this
acknowledgement is written, duly signed on the left margin of each and every page thereof by
the parties and their witnesses and sealed with my notary seal.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ______ day of

_______________________, ________________ at ______________________________, Philippines.

Notary Public

Doc No. _______________;

Page No. _______________;
Book No. _______________;
Series of _______________.