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MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS

This MEMORANDUM OF AGREEMENT made and entered into by and among:

The BUREAU OF FISHERIES AND AQUATIC RESOURCES, REGIONAL


OFFICE NO.7, duly constituted agency of the Department of Agriculture, with principal office
at Arellano Boulevard, Cebu City, represented by its Regional Director, ANDRES M. BOJOS
and herein after referred to as “BFAR – RO 7”;

and

The LOCAL GOVERNMENT UNIT OF SAN REMIGIO, CEBU with official address
at the Municipality of San Remigio, Cebu and represented herein by its Municipal Mayor HON.
MARIANO R. MARTINEZ hereinafter referred to as “LGU of San Remigio, Cebu”;

WITNESSETH

WHEREAS, the Government recognizes the need to promote food security by increasing
fish production through accelerated transfer of fishing technology and training of fisherfolk as
direct participants in the proper management of our marine water resources;

WHEREAS, in support to the AGRI PINOY PROGRAM FOR FISHERIES of the


Government and to uplift the Socio-economic conditions of the fisherfolk, the BFAR-RFO No. 7
has assessed and identified the need to provide training and livelihood assistance to fisherfolk in
San Remigio, Cebu;

WHEREAS, the Municipality has sought financial assistance to support the livelihood
requirements of their fisherfolk constituents;

WHEREAS, there is a need to strengthen the over-all capabilities of fisherfolk and LGU
in the wise utilization and management of our marine water resources;

WHEREAS, in line with the mandate of the Bureau of Fisheries and Aquatic Resources
under Republic Act 8550 as amended by R.A. 10654, otherwise known as The Philippine
Fisheries Code of 1998, to develop, protect and conserve the country’s fisheries and aquatic
resources, limit access to the fishery and aquatic resources of the Philippines for the exclusive
use and enjoyment of Filipino citizens and protect the rights of fisherfolk in the preferential use
of the municipal waters;

WHEREAS, there is also a need to enhance empowerment and promote organization of


coastal fisherfolk so that they can be effective partners of government in the proper utilization,
protection and conservation of our marine water resources;

WHEREAS, the success of this project requires the vital support and technical services of
concerned agencies and the effective networking and proper linkage with the Local Government
Unit (LGU) and Fisherfolk Association/Organization (F/A);

NOW THEREFORE, for and in consideration of the foregoing premises and the mutual
consent on the understanding set forth, thereto agree and bind themselves to the following terms
and conditions:

ARTICLE I. PURPOSE OF AGREEMENT

The purpose of this agreement is to define the duties and obligations of the parties
involved in the implementation of the above-mentioned projects.
ARTICLE II. DUTIES AND OBLIGATIONS OF THE PARTIES INVOLVED

A. The Bureau of Fisheries and Aquatic Resources, Regional Office no. 7 (BFAR RO – 7)
agrees to the following duties and obligations:

1. Provide enough materials for the construction/fabrication of Twenty (20) units 16-footer
fiberglass boats, Thirty (30) units 20-footer fiberglass boats and Two (2) units 30-footer
fiberglass boats.

2. Provide 2 units 16HP marine engines with complete accessories intended for the 2 units 30-
footer fiberglass boat to be used as surveillance boat of LGU-San Remigio.

3. Provide 30 units 5.5HP marine engines without accessories for the 30 units 20-footer
fiberglass boats.

4. Provide skills training and technical services on the construction and fabrication of the above-
mentioned project;

5. Provide traveling expenses for the resource speakers and the training staff during the
implementation of the project;

6. Supervise in the construction using recommended technology;

7. Coordinate with LGU regarding the identification of the training venue as well as the
selection of participating fisherfolk of the hands-on training and whom also will be the
beneficiaries of the fiberglass output.

8. Monitor the operation and status of the awarded project regularly in coordination with the
LGU; and

9. In the event of the failure on the part of the beneficiaries/recipients to sustain the maintenance
and operation of the project due to negligence and loss of commitment, BFAR - 7 through the
Regional Director, upon the recommendation of the Technical Committee shall exercise
authority on the following:

a. Terminate the right of the beneficiary to hold possession of the Project


b. Repossess the project
c. Transfer the project to other interested LGU/FA/Registered Fisherfolk within the province.

B. The Local Government Unit (LGU) represented by the Mayor in consultation with the
Peoples Organization/Fisherfolk Beneficiaries, agrees the following duties and obligations:

1. Provide the training venue, support staff, equipment and facilities during the training;

2. Provide meals and accommodation to technical personnel and the participants during the
conduct of the training;

3. Turn-over thirty (30) units 20-footer fiberglass boat with engines and twenty (20) units 16-
footer fiberglass paddle boats to qualified fisherfolk beneficiaries;

4. To utilize the two (2) units 30-footer fiberglass boat complete with accessories as surveillance
boats exclusively for monitoring, control and surveillance (MCS) purposes, and for rescue and
relief operation during disasters only;

5. To maintain and ensure that the surveillance boats will always be in good operating condition
and shall submit monthly report to BFAR 7 on fishery law enforcement activities conducted
and other related activities for monitoring purposes;

6. Designate a permanent coordinator to serve as contact person and in-charge of the detailed
monitoring of the project which preferably should come from the Municipal Agricultural
Office; and
7. Maintain and safeguard all project assets including those being turn-over by the fisherfolk to
assure that the project is well-maintain and operated.

ARTICLE III
TERMINATION/AMENDMENT

The BFAR – 7 Regional Director shall have the sole authority to terminate this
Agreement based on non-compliance or failure on the part of the Local Government
Unit/Fisherfolk Association/Registered Fisherfolk as Beneficiaries to abide the stipulated
provisions of their duties, responsibilities and obligations.

This Agreement can be amended, modified or supplemented upon mutual agreement by


all PARTIES involved herein.

ARTICLE IV
EFFECTIVITY

This Memorandum of Agreement (MOA) shall take effect upon signing by all parties
concerned and shall continue to remain enforce and binding unless terminated by any party for
cause or by written notice at least 60 days to the date of pre-termination.

IN WITNESS WHEREOF, the parties through their authorized representatives have


hereunto set their hands on this ___________ day of ___________________, 2016 at
______________________, Philippines.

BFAR - Regional Office No. 7 San Remigio, Cebu

By: By:

ANDRES M. BOJOS HON. MARIANO R. MARTINEZ


Regional Director Municipal Mayor

WITNESSES:

IONNE ELENA VILLAGONZALO AIDA MAMANAO


Chief, RFTFCC Municipal Agricultural Officer
ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES


PROVINCE OF CEBU

At the above stated locality, on this ________ day of ______________________, 2016


before me personally appeared.

COMM. TAX NO. DATE ISSUED PLACE ISSUED

1. ANDRES M. BOJOS ___________ __________ ___________

2. HON. MARIANO R. MARTINEZ ___________ __________ ___________

KNOWN TO ME and to me known to be the same persons who have executed the
foregoing instrument and acknowledged the same to be their free and voluntary act and deed, as
well as those of the instrumentality of the Government herein represented.

This instrument refers to a MEMORANDUM OF AGREEMENT consisting of four (4)


pages, including this page whereon the acknowledgement is written, signed by the parties and
their witnesses on the signature page hereon initiated on the other pages with my notarial seal.

NOTARY PUBLIC

Doc.No. __________
Page No. _________
Book No. _________
Series of 2016

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