1. MEMORANDUM OF AGREEMENT
Know It All Men By These Presents:
This Memorandum of Agreement made and entered into this ____ th
day of February
2012 at Puerto Princesa City, Philippines by and between:
BUREAU OF CORRECTIONS with principal address at NBP Reservation, Muntinlupa
City, represented in this Agreement by its Director MR. GAUDENCIO S.
PANGILINAN hereinafter referred to as the FIRST PARTY;
-and-
IWAHIG COMMUNITY ECOTOURISMASSOCIATION, Inc. (ICETA) an association
duly registered in the Securities and Exchange Commission (SEC) , Brgy. Iwahig,
Puerto Princesa City, with principal place of business represented in this Agreement
by its President MRS. JEANETTE V. GARCIA, hereinafter referred to as SECOND
PARTY.
WITNESSETH THAT:
WHEREAS, Iwahig Communtiy Ecotourism Association, Inc. (ICETA) has been
organized through the partnership and joint efforts of the City Government of
Puerto Princesa and ABS-CBN Foundation, Inc. (AFI) to implement and promote
Firefly Watching Ecotourism under the concept of Community Based Sustainable
Tourism Project;
WHEREAS, the Iwahig Community Ecotourism Association, Inc. (ICETA) is
committed to ensure sustainable use, development, management, protection and
conservation of the environment and natural resources and cultural heretage in
Barangay Iwahig for the enjoyment of the present and future generations;
WHEREAS, ICETA and the Bureau of Corrections (BuCor) are committed to be
partners in developing and promoting sustainable tourism that is designed to uplift
the socio-economic condition of concerned communities to improve their quality of
life and provide the visitors with a high quality of experience with nature;
WHERAS, Iwahig Prison and Penal Farm as an operating unit of BuCor has a
jurisdiction over an area of 28, 000 hectares including areas within the Iwahig River
where the ICETA operates its ecotourism activities;
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2. NOW THEREFORE, for and in consideration of the foregoing premises, the parties
hereby agree and enter into this agreement under the following terms and
conditions;
I. GENERAL PROVISIONS
The parties agreed to establish Iwahig Firefly Watching Ecotourism, in pursuit of a
vision of making Puerto Princesa City a model of a sustainably developed city and
world class ecotourism destination where its people are living in harmony with
nature. The Project shall have the following objectives to wit:
a. To organize the communities and promote Community Based Sustainable
Tourism (CBST);
b. To develop and showcase the project as a model of sustainable development
concept;
II. SCOPE OF WORK AND OBLIGATION OF THE PARTIES
A. BUCOR shall undertake the following:
A.1. Allow the ICETA to manage the 2.8 kilometers length of Iwahig River
commencing from the old bridge, likewise to develop the adjacent area
having a total of more or less three hectares into an ecotourism destination;
A.2 Provide assistance and guidance to the Peoples Organization – Iwahig
Community Ecotourism Association, Inc. in implementing the CBST project;
A.3 Implement policies beneficial to the development and progress of the
project;
A.4 Provide support, protect and rehabilitate the entire CBST project;
A. 5 Commit to support the fund raising activities of the association; and
A. 6 Provide staff to monitor project activities in Iwahig River and the
adjacent areas of the ecotourism destination to ensure security.
B. ICETA shall undertake the following:
B.1 Immediately assumes the management of the project and the
responsibility for promotion and utilization of Firefly Watching and
Mangrove River Cruise’s Ecotourism Projects;
B.2 Protect and rehabilitate the CBST site;
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3. B.3 Prepare and implement CBST plans, policies and reports;
B.4 Provide staff and personnel to man the project;
B.5 Provide skills trainings for community members and in selected
inmates of IPPF;
NON-DISCLOSURE AND NON-COMPETITION
All non-public, confidential or proprietary information relating to
ICETA, their respective directors, officers, employees, whether written or
oral and all other information which have been communicated as
confidential information by ICETA to the BuCor, or which the BuCor may
have access to in the course of and in connection with the performance of
the project and this agreement shall be kept confidential by the BuCor
and shall not be disclosed to any person even after the termination of this
agreement.
III. REPRESENTATIONS AND WARRANTIES
The Parties represent and warrant to one another that:
a. The execution, delivery and performance of this agreement
have been duly reviewed and authorized by all necessary
corporate and legal, legislative as well as the legislative branch
and legal department of Bucor as required by the
administrative procedures and will not result in any breach or
violations of any of the existing charter, documents, contracts,
procedures and authorizations;
b. This agreement when executed constitutes valid and binding
obligations on the party and shall be enforceable in accordance
with its terms.
IV. FORCE MAJEURE
Neither party shall be deemed in breach of any term or condition
hereof and shall not be liable or responsible to the other to the extent that
its performance is materially delayed or hindered by reason or acts of
God, war and or other disturbances beyond its reason.
V. ENTIRE AGREEMENT
This agreement is the complete and exclusive statement of the
agreement between the parties, and supersedes all understandings or
prior agreements, whether oral or written, and all representations or
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4. other communications between the parties in relation to the subject
matter contemplated herein. This agreement is executed by the parties
for and in consideration of the terms and conditions stated herein.
VI. SEVERABILITY
If any provision/s of this agreement is/are found by any court or
administrative body of competent jurisdiction to be invalid or
unenforceable, the validity or unenforceability of such provision shall not
affect the other provisions of this agreement, and all provisions not
affected by such invalidity or unenforceability shall remain in full force
and effect. The parties agree to attempt to substitute for any invalid or
unenforceable provisions such valid or enforceable provisions which
achieves to the greatest extent possible the objectives of the invalid or
unenforceable provisions.
VII. WAIVER
The waiver by either party of a breach of any of the provisions of this
agreement by the other party shall not be construed as a waiver of any
succeeding breach of the same or other provisions; nor shall any delay or
omission by either party in exercising any right that it may have under
this agreement operate as a waiver of any breach or default by the other
party.
VIII. AMMENDMENTS
No modifications, amendments or supplements to this agreement
shall be effective for any purpose unless made in writing signed by all
parties. Waivers, approvals or consent hereunder by a party shall also be
in writing.
IX. NOTICE
Any notice or other communication to be given under this agreement
shall be in writing and shall be served by personal delivery or sending it
by facsimile or prepaid post to the addresses of the parties specified in
this agreement.
X. RELATIONSHIP OF THE PARTIES
Nothing contained in this agreement shall be construed as
constituting or evidencing any partnership, agency or contract of
employment between the parties. Neither party shall hold itself out
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5. contrary to the terms of this agreement. It is specifically understood that
each party is an independent contractor.
XI. VENUE OF LITIGATION
The venue of any action between parties to this agreement shall be
brought solely and exclusively in the proper courts of Puerto Princesa
City.
XII. GOVERNING LAW
This agreement shall be governed by and construed in accordance
with Philippine Law.
XIII. EFFECTIVE DATE AND TERM / DURATION
The term of this MOA shall be 10 years (10) renewable for another ten
years commencing upon the date of signing of the parties. Upon
expiration of the MOA, the parties may enter into a renewal thereof
subject to the terms and conditions and the undertakings that the parties
may agree upon.
XIV. TERMINATION OF AGREEMENT
Seeing the nature of the activities involved no party hereto, shall
terminate this MOA.
IN WITNESS WHEREOF, the parties have hereunto signed this MOA this ___ th day of
February 2012, at Puerto Princesa City.
FOR: The Bureau of Corrections
__________________________
GAUDENCIO S. PANGILINAN
Director - Bucor
FOR: The ICETA, Inc.
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6. _________________________
JEANETTE V. GARCIA
President - ICETA
SIGNED IN THE PRESENCE OF:
GUILLERMO B. AYALA, MNSA DR. PATRIA GLORIA I. ORTEGA
Officer in-charge, IPPF Project Manager-AFI/BK Ecotourism
REBBECA V. LABIT HON. LAURA E. VENTURA
City Tourism Officer Punong Barangay-Brgy. Iwahig
ENGR. JOVENEE SAGUN
City Planning and Development Officer
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY ) S.S.
BEFORE ME, this ____ day of February 2012 at _____________ personally appeared the
following:
Name CTC No. Date/Place Issued
Gaudencio S. Pangilinan ____________ Muntinlupa City
Jeanette V. Garcia ____________ Puerto Princesa City
known to me to be the same persons who executed the foregoing Agreement,
consisting of 7 pages including this page wherein the acknowledgment is written,
with instrumental witnesses and they acknowledged to me that the same is their
free and voluntary act and deed, as well as of the corporation represented herein.
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7. IN WITNESS WHEREOF, I have hereunto set my hand and seal on the date and place
first above written.
______________________________
Doc. No.___
Page No. ___
Book No. ___
Series of 2011.
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