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. 02, a government agency existing under the Philippine laws with principal office
address at Carig Sur, Tuguegarao City, Cagayan, represented herein by its Regional
Director, MILAGROS C. MORALES, DrFT, CESE, herein referred to as “BFAR RO2”;

-and-

The GREEN VALLEY ORCHIDARIUM AND FRESHWATER PRAWN HATCHERY,

a private hatchery existing under the Philippine laws with principal office address at
Sillawit, Cauayan City, Isabela, represented herein by its bonafide owner, MS.
FLORESMA A. DACUYCUY, herein referred to as the “RECIPIENT”.

WITNESSETH

WHEREAS, the government recognizes the need to promote food security by

increasing aquaculture production through accelerated transfer of technology and
training of fisherfolks as direct participants in fish production and proper management
of aquaculture areas;

WHEREAS, the freshwater aquaculture sector is a fast growing industry in the

Philippines. Freshwater species that gained importance includes tilapia, catfish, carp,
prawn and ornamental fishes;

WHEREAS, among the different aquaculture commodities, the freshwater prawn

locally known as Ulang has shown great potential both in increasing production and
income of fisherfolks due to its high market value;

WHEREAS, Ulang culture is now promoted as one of the banner commodities of

BFAR RO2 especially in the promotion of polyculture system in freshwater aquaculture;

WHEREAS, there are two private hatcheries in the region who invested in the
production of freshwater prawn but had ceased operations due to inadequate financial
resources;

WHEREAS, it would be beneficial for the government if these existing hatcheries

will be restored by providing financial and technical assistance to ensure its continuous
operation;

WHEREAS, public private partnership (PPP) is now being adopted by the

government to expedite the development and utilization of the country’s available
resources;

WHEREAS, the parties concerned have willingly and jointly pledge to extend full
support and cooperation in the implementation, operation and management of the
project to ensure fish food security and poverty alleviation in the fisheries sector;

NOW, THEREFORE, for and in consideration of the foregoing premises, the

parties hereby agree and bind themselves to the following:

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 ARTICLE 1
TITLE OF THE PROJECT

This project is entitled “ “Freshwater Prawn Hatchery” located at Sillawit,

Cauayan City, Isabela, a Public-Private Partnership Project known as the “PROJECT”.

ARTICLE 2
THE PROJECT

SECTION 1. BASIS FOR IMPLEMENTATION

The project shall be implemented strictly in accordance with the

______________________________ (TITLE OF PROJECT PROPOSAL?)

SECTION 2. MODIFICATION

No modification shall be made without consultation and written consent of the

BFAR RO2.

SECTION 3. ASSIGNEMENT OF RIGHTS

No part of the project including any rights thereto may be transferred, assigned
or sub-contracted to third parties, without the written consent of the BFAR RO2.

ARTICLE 3
FUNDING, FINANCIAL RECORDS AND REPORTS

SECTION 1. PROVISION OF FUNDS

The BFAR RO2 shall provide the funds in accordance with the Project Proposal
attached which will form as an integral part of this MOA.

SECTION 2. ACCOUNTING AND AUDITING STANDARDS

All fund releases of the project shall be subjected to existing standards of

accounting and auditing laws, rules and regulations of the government.

SECTION 3. SUBMISSION OF REPORTS

The recipient shall submit monthly reports as to the status of the project. For
BFAR, the Planning Monitoring and Evaluation Unit (PMEU) shall have the
responsibility of monitoring and evaluating the project as to the status, problems
encountered and all other aspects that will help in the successful implementation of the
project.

SECTION 4. RIGHT TO INSPECT FINANCIAL RECORDS

The BFAR RO2 shall have the right to inspect and audit all financial records kept
by the RECIPIENT in relation to the project at any time during and after the
implementation of the project. The RECIPIENT shall make all records available upon
demand thereof by BFAR RO2.

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 ARTICLE 4
SHARING AND DISTRIBUTION OF PRODUCTION

Any production derived from the operation of the project/hatchery shall be

equally divided by the parties. The sharing shall be based on the total number of actual
stocks produced less the mortalities.

The parties shall distribute the stocks allocated to them in accordance with their
own mandates and or regular business.

ARTICLE 5
DUTIES AND OBLIGATIONS OF THE PARTIES

A. The BFAR RO2 agrees to the following duties and obligations:

1. Make available the amount of P ___________________ to be used in the

operation and maintenance of the project and shall be strictly dispensed with
in accordance with the attached Project Proposal;

2. The BFAR RO2 will continue to provide technical support to the RECIPIENT
to ensure viability and success of the awarded project;

3. Regularly monitor and evaluate status of the awarded project and assist the
RECIPIENT in its management;

4. Provide trainings and seminars in coordination with the BFAR Training

Division to further improve the technical, marketing and managerial skills of
the personnel involved;

5. Develop marketing strategies and linkages with other agencies.

B. The RECIPIENT agrees to the following duties and obligations:

1. Provide the facilities for the operation of the project (free of charge) and to
augment existing manpower as need arises;

2. Maintain a logbook and record of account of the project for evaluation,

documentation and record purposes;

3. Allow BFAR RO2 staffs to analyse the record for the purposes of improving
production and profit;

4. Shall protect the project against any kind of harm or vandalism and shall
report to BFAR RO2 any damage by anyone or by force majeure;

5. Assist in the dissemination and promotion of the technologies and good

practices in Ulang hatchery/production for the benefit of fisherfolks.

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 ARTICLE 6
MISCELLANEOUS PROVISIONS

A. Amendment

Any modification or amendment to this MOA shall be mutually agreed upon by

the parties and reduced in writing.

B. Separability Clause

If any provision of this MOA or the application thereof to any circumstance is

later declared invalid or unconstitutional, the other provisions not affected
thereby shall remain valid and subsisting.

C. Effectivity Clause

This MEMORANDUM OF AGREEMENT shall take effect on the date of the signing
by the parties and shall continue to be effective until the herein project is fully
implemented or unless sooner revoked upon the mutual consent of the parties.

IN WITNESS WHEREOF, the parties have caused their signature this _________
day of ________________, 2018 at ______________________________, Philippines.

BFAR RO2: RECIPIENT:

MILAGROS C. MORALES, DrFT, CESE FLORESMA A. DACUYCUY

Regional Director Recipient

SIGNED IN THE PRESENCE OF:

_____________________________ ___________________________

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 ACKNOWLEDGEMENT

Republic of the Philippines

Province of _______________ )S.S.
City of ____________________ )

BEFORE ME, Notary Public for the _________________________, Philippines, this

_______ day of ______________, 2018 at ___________________ personally appeared:

Name ID No. Date/Place Issued

Milagros C. Morales BFAR RO2 ID No. _______ BFAR RO2
Floresma A. Dacuycuy _________________________ __________________

KNOWN TO ME and to me known to be the same persons who executed the

foregoing instrument and they acknowledge to me that the same is their free act and
voluntary deed.

This instrument consisting of ______ (____) pages including this page where in
this acknowledgement is written, signed by the parties and their instrumental witnesses
refers to a Memorandum of Agreement.

WITNESS MY HAND AND SEAL at the place and on the date written above.

Doc. No.: ___

Page No.: ___
Book No.: __
Series 0f ___

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