- Parent Category: MEMO
MEMORANDOM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Memorandum of Agreement entered into by and between:
The PHIVIDIC INDUSTRIAL AUTHORITY, a government-owned and controlled corporation created by virtue of PD 538, with office address at the Mindanao Container Terminal Complex, Tagoloan, Misamis Oriental, represented by its Administrator, NINFA U. ALONG-ALBANIA, duly authorized by Board Resolution No.VII-877 s. 2009, attaché as Annex “A”, and here in referred to as PIA, and
The PHILIPPINE COAST GUARD, a government agency created by virtue of Republic Act No. 5173, with principal office at 139 25th Street, Port Area, Manila, herein represented by her Commandant, ADM WILFREDO D. TAMAYO PCG, herein referred to as PCG.
WHEREAS, PIA has Vessel Tracking Management System (VTMS) installed at the Mindanao Container Terminal, Tagoloan, Misamis Oriental, that is designed to monitor the movement of watercraft within Macajalar Bay;
WHEREAS, the VTMS Control Center was establish with the following objectives:
1. Enhance vessel traffic in the waterways;
2. Ensure safety of navigation of vessels;
3. Safeguard the security of vessels, facilities, individuals, and properties;
4. Provide VTMS users timely information and necessary assistance within the coverage area.
WHEREAS, the establishment of the VTMS is in compliance with the International Convention on the Promotion of Safety of Life at Sea (SOLAS), 1974, as amended, which the Philippines has adopted and ratified;
WHEREAS, the PCG is mandated to enforce and assist, within its capabilities, in the enforcement in all applicable laws upon the high seas and within the territorial water of the Philippines;
WHEREAS, the PCG is the government entity entrusted with among others securing the coastal and inland waters of the country against lawless act and elements;
WHEREAS, PIA desires that PCG operate the VTMS and PCG agrees to operate and utilized the VTMS for vessel safety, law enforcement, and security purposes;
NOW THEREFORE, based on the foregoing basis, PIA and PCG agree to the following provisions:
1. OBLIGATIONS OF PIA
a. Permit PCG to occupy portion/s of the Control Tower and operate the VTMS installed therein. However, the terms of occupancy and usage of the utilities for the areas actually used by PCG shall be subjected to the pertinent applicable provisions of the Concession Contract between PIA and MICTSI for the areas covered by said Contract;
b. Provide the needed utilities (power, water, and communication) for the system to operate the corresponding costs for the area/s actually used by the PCG and a proportionate share in the cost for the use of the elevator shall be for the account of PIA;
c. Maintain the operational capability of the system;
d. Make available berthing space, water, and provision for electric shore power for the PCG patrol vessel deployed at the Mindanao Container Terminal subject to the conditions as stated in the Concession Contract for the Management and Operation of the Mindanao Container Terminal between PIA and International Container Terminal Services Incorporated (ICTSI), now MICTSI;
d.1. The corresponding costs for the provision of water and on-shore power for the patrol vessel shall be for the account of PCG payable to MICTSI.
2. OBLIGATIONS OF PCG
a. Provide the necessary PCG qualified personnel, at the cost of PCG, to man the VTMS Control Center for a 24-hours a day, 7-days a week operation;
b. Assign and deploy to the PCG Northern Mindanao District at least one 56 meter SAR vessel, or one 35 meter SAR vessel, and one appropriate watercraft for seaborne marshals, one of which shall be based at the Mindanao Container Terminal (MCT);
c. Repair and/or replace components damaged or destroyed due to PCG personnel action or negligence as well as maintain said equipments in good condition;
d. Augment the security forces of the Mindanao Container Terminal upon the request of PIA;
e. Subject to availability of funds, upgrade the buoyage system within the VTMS controlled areas in accordance with international standards;
f. Share pertinent information gather from the system with VTMS clients and law enforcements agencies;
g. Hold a coordinative meeting at least once every three months to improve the operations and the delivery or service of the system primarily to address issues as brought forth by MICTSI;
h. Find ways and means to maximize the use of the system;
i. Ingress and agrees of PCG personnel assigned to the VTMS and to the PCG vessel shall be in accordance with the access control measures as indicated in the Port Facility Security Plan, bearing in mind the role of these personnel in close coordination with MICTSI;
j. Conduct of PCG personnel as an augmentation security force in MCT, at the request of PIA, will be defined in the Port Facility Security Plan;
k. This agreement shall exist and be binding upon the successors of the signatories herein.
l. Any modification or changes to this Memorandum of Agreement shall be made upon the mutual agreement and written consent of both parties and that such document shall be deemed part of this Agreement.
m. This Memorandum of Agreement shall take effect upon the signing of this document.
3. TERM. The term of this MOA shall for a period of ten (10) years effective from signing of this MOA, renewable for another period of ten (10) years upon mutual agreement of parties.
4. DEFAULT. Any violation or default in the performance of the covenants and obligations set forth in this MOA by PCG shall constitute a ground for the revocation of this MOA without the need of judicial or extra-judicial demand or action, if no correction satisfactory to PIA are being instituted by PCG within thirty (30) days from written notice of such violation or default. Provided that PIA shall be entitled to all damages that it may have suffered by reason of such violation or default.
5. TERMINATION. PIA may cause the termination of this MOA for failure of PCG to comply any of its obligations under this MOA.
Done this 2nd day of July, 2009 at MCT Compound Tagoloan, Misamis Oriental
PHIVIDIC INDUSTRIAL AUTHORITY PHILIPPINE COAST GUARD
NINFA U. ALONG-ALBANIA ADM WILFREDO D. TAMAYO
Signed in the presence of:
ENGR. MANUEL N. KIONISALA USEC THOMPSON C. LANTION
- Parent Category: MEMO
MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Memorandum of Agreement, entered into by and between:
The PHILIPPINE PORTS AUTHORITY, a government agency created by virtue of presidential Degree No. 857, as amended, with principal office at PPA Building, Bonifacio Drive, South Harbor, Port Area, Manila herein represented by its General Manager, ATTY. OSCAR M. SEVILLA herein after referred to as PPA;
The PHILIPPINES COAST GUARD, a government agency created by virtue of Republic Act No. 5172, with principal office at #139 25th Street, Port Area, Manila herein represented by the Commandant VADM WILFREDO D. TAMAYO hereinafter referred to as PCG.
WHEREAS, the PPA is mandated by law to establish, maintain and operate port infrastructure design to enhance the safety of ships entering and leaving port environs and adjacent sealance;
WHEREAS, the PPA establish the Vessel Traffic Management Systems (VTMS) at the Port District of Manila and Port of Batangas with the following objectives:
1. To enhance vessel traffic service of waterways;
2. To ensure safety of navigation of vessels;
3. To safeguard the security of vessels, facilities, individuals, and their properties;
4. To protect the marine environment of surrounding waters; and
5. To provide users of the VTMS timely information and necessary assistance within the VTMS covered area.
WHEREAS, the establishment of the VTMS is in the accordance with the International Conviction on the Safety of Life at Sea (SOLAS) , 1974, as amended, which the Philippines has adopted and ratified;
WHEREAS, the PCG is mandated to enforce and assist, within its capabilities, in the enforcement of all applicable laws upon the high seas and waters within the jurisdiction of the Philippines;
WHEREAS, in order to minimize the risk of collision, the PCG has establish the Traffic Separation Schemes (TSS) for vessels navigating through Corregidor
Island passages and Verde Island passageways located in the provinces of Cavite and Batangas, respectively;
WHEREAS, said TSS lanes established by the PCG have been made an integral part of the VTMS covered areas;
NOW, THEREFORE, in consideration of the foregoing premises, and in order to further promote safety of life at sea and protection of the marine environment, the PPA and the PCG hereby agree that they will jointly implement the VTMS, subject to the following guidelines:
A. The PPA shall:
1. Direct and supervise the operation of the VTMS Control Centers
2. Designate VTMS Manager/Supervisor who shall be responsible for the over all operation of the VTMS Control Centers
3. Main workstations covering part of the Manila Bay, Batangas Bay and Balayan Bay including the harbor limits located within the bay
4. Operate and maintain the VTMS Control Centers and radar stations
5. Assign and least nine (9) personnel to man the Control Centers and sustain a 24/7 day operation
6. Provide security in each VTMS Control Center and its respective Radar Stations
7. Provide training for personnel assigned as VTMS operators and those in charge of the servicing and maintenance of VTMS relay stations
8. Authorize PCG use the VTMS facility and equipment in broadcasting Notice to Mariners (NOTAM), weather bulletins and other maritime safety information, as well as, for other purposes related in the enforcement of the PCG mandate
9. Be responsible for the establishment and enforcement of house rules covering the command and control arrangement, access control, security arrangements and other related matters
10. Designate the Port District Manager- Manila/Northern Luzon and Port Manager – Batangas as coordinators for VTMS Control Center Manila and Batangas respectively
B. The PCG shall:
1. Assign at least nine (9) PCG personnel in its Control Center to augment their PPA counterparts in manning VTMS Control Centers on a 24/7- day operation.
2. In coordination to the training and skills that assigned PCG personnel shall acquire, the PCG shall ensure that their assignment with the VTMS Control Centers will not be less than two (2) years unless, others, terminated for cause.
3. Designated the Station Commanders of CGS Manila and CGS Batangas as PCG coordinators for VTMS Control Center Manila and Batangas, respectively:
4. Upon request by the PPA, assist in security augmentation in the VTMS operation.
5. Man workstation per Control Center covering
a. Corregidor’s surrounding water and approaches and part of the Manila Bay; and
b. Verde Island’s north and south passageways
6. Make available one (1) appropriate watercraft within VTMS Manila and Batangas controlled areas for rapid deployment during calls for search and rescue, oil pollution, piracy, sea jacking, an other emergencies and VTMS related missions
The parties further agree that:
1. There shall be a regular coordinative meeting at least once a month among the PPA, PCG, and the VTMS Staff to be called by PPA
2. They shall, within the framework of this Agreement explore the areas of cooperation including but not limited to logistical support, personnel, security and other related matters
3. Any modifications or changes in this Memorandum of Agreement shall be made only with the mutual and written consent of both parties and that changes shall be deemed part of the Agreement
This Memorandum of Agreement shall take effect signing of the same by herein contracting parties
IN WITHNESS WHEREOF, the parties have hereunto set their hands on this 26th day of February 2009, at Manila, Philippines.
Philippine Ports Authority Philippine Coast Guard
ATTY. OSCAR M. SEVILLA VADM WILFREDO D. TAMAYO
General Manager Commandant
SIGNED IN THE PRESENCE OF:
MR. LEOPOLDO F. BUNGUBUNG RADM RAMON C. LIWAG
AGM for Operations Deputy for Operations
- Parent Category: MEMO
MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Memorandum of Agreement made and entered into in the Subic Bay Freport Zone, Philippine by and between:
The SUBIC BAY METROPOLITAN AUTHORITY, a government agency organize and established under Republic Act No. 7227, with office address at Building No. 229, Waterfront Road, Subic Bay Freeport Zone, Philippines, represented herein by its Chairman and Head and Agency, Commodore Feliciano G. Salonga PCGA and Administrator and Chief Executive Officer, Armand C. Arreza , hereinafter reffered to as the “SBMA”
The PHILIPPINE COAST GUARD, a government agency duly created and existing under the law and by virtue of Republic Act No. 5173 with office address at 139 25th street , Port area, Manila, Philippines represented by its commandant , Vice admiral Wilfredo D. Tamayo PCG, Hereinafter referred to as “PCG”
WHEREAS, under Republic Act 7227, is vested with powers and function to undertake and regulate the establishment, operation and maintenance of utilities, other services and infrastructure in the Zone, including shipping and related businesses , stevedoring and port terminal services or concessions, incidental thereto;
WHEREAS, the SBMA is vested with the powers and functions to protect, preserve and maintain the land and water area of the Subic Bay Freeport Zone (SBFZ);
WHEREAS, the waters at SBFZ are continually being threatened by encroachment, illegal fishing activities (dynamite and cyanide), pilferage and illegal salvage operations. Moreover, acts of vandalism within the outlying areas of SBFZ and all other areas surrounding the SBFZ where marine resources abound but where SBFZ has either limited or no jurisdiction, threatens and affects as well as resources that abound in the waters;
WHEREAS, the zone has become abuzz with shipping and transshipment activity and interest in basing ships and other ocean going vessel which have also heightened over for the several years;
WHEREAS, under Proclamation No. 50 series of 1992, the President of the Republic of the Philippines declared the accelerated development of the zone as a national priority, and directed all government agencies to provide the necessary assistance and cooperation in the pursuit of such national priority;
WHEREAS, the PCG is mandated to promoted to promote safety to life and property at sea, safeguard the marine environment and resources, enforce all applicable maritime laws, and undertake other activities in support of the programs of the Department of Transportation Communications;
WHEREAS, the PCG also plays a vital role in the implementation of the International Ship and Port Facility Security (ISPS) Code of the International Maritime Organization (IMO), which formulates measures and procedures to prevent acts of terrorism that threaten the security of local ports and ships;
WHEREAS, the inter-agency cooperation, coordination and assistance between SBMA and PCG will enable both agencies to obtain their respective objectives and goals, as well as, ensure the prompt delivered of services to the investor;
NOW THEREFORE, for and in consideration of the foregoing premises, both agencies hereby as follows:
This Agreement shall apply to all persons, corporations, firms, and entities engaged in the conduct of shipping and other related business inside the Zone.
The purpose of this agreement is to establish a harmonious working relationship between SBMA and PCG with the end view of promoting and sustaining maritime activities within the Zone.
On the part of SBMA:
A. adopt the PCG through Coast guard Station Subic to assist SBMA personnel in the enforcement of SBMA mandates, rules and regulations and allow PCG to continuously perform its mandate and deputized functions on the following, among others:
1) Vessel safety and maritime security inspection of all vessels plying within SBFZ waters.
2) Safeguard the marine environment including prevention and control of marine pollution including periodic water laboratory testing/sampling at SEEZ marine areas.
3) Maintenance and development of aids to navigation and its system.
4) Conducting of search and rescue/harbor patrol and oil spill response operations
B. Provided PCG Detachment, Subic, office space and billeting quarters at building 8107, Boton Wharf (SBF) free from rentals including electricity, water and public utility services. A housing unit shall be provided rent-free, however the PCG shall be responsible for the payment of electricity, water and other public utility services on such housing units.
C. shall provide adequate docking facilities including shore power connection to the PCG floating assets and fuel support to augment the fuel provider by the
PCG for the said floating assets that will assist the conduct of search and rescue/harbor patrol and oil response operation within and the contiguous areas of the Zone. Logistics support to the PCG units including floating assets during the actual conduct of search and rescue/harbor patrol and oil spill response operations and/or exercise shall be in accordance with the annexed Logistics Requirements.
D. Provide appropriate space for the PCG Training School, and open opportunities for its expansion for the future site of the PCG Academy, subject to the requirements of R.A 7227
E. Provide the SBMA Identification documents and allow the personnel of PCG station, Subic to enter and exit any gate at all times into and upon the premises where their office and place of work is located.
F. Provide emergency medical assistance to the personnel of PCG station, Subic on cases incurred while in the performance of their official duties within the Zone.
On the Part of PCG:
A. Upon coordination with SBMA, the PCG through Coast Guard Station Subic shall assist personnel of SBMA departments such as: Seaport, Law Enforcement, Ecology and Maritime Affairs Departments in the enforcement, of SBMA mandates, rules and regulations pertaining to the following:
1) Vessel safety and Maritime security inspections of all vessels plying in the SBFZ waters.
2) Safeguarding the marine environment including the prevention and control of marine pollution including periodic water laboratory testing/sampling at SBFZ marine areas.
3) Maintenance and development of aids to navigation and its system.
4) Conduct search and rescue/harbor patrol and oil spill response operation.
B. Deploy appropriate vessel(s) to assist SBMA in the conduct of search and rescue/harbor patrol, oil spill response and firefighting at-sea operation within and in contiguous areas of the Zone.
C. Endeavor to work closely with SBMA Seaport and Law Enforcement Departments in the establishment of a joint-case operation against all illegal activities at-sea within the Zone.
D. PCG will utilize the facilities specially provided by the SBMA strictly for office, training and billeting quarters of its personnel and same shall be maintained in clean and presentable condition at all times.
E. PCG shall provide appropriate space to accommodate SBMA liaison office at Headquarters, PCG, Manila and shall detail competent personnel to the SBMA to assist in the efficient implementation of this agreement.
F. Provide appropriate and relevant training assistance to SBMA personnel on the different maritime activities mentioned above.
A. This agreement shall be effective for a period of three (3) years from the date of signing and shall be renewable upon mutual consent of both parties.
B. In the event that any of the contracting parties decide to pre-terminate this agreement, one (1) month written notice of termination shall be mandatory. In case, both parties shall ensure that all SBMA and properties used during the existence of this Memorandum of Agreement shall be reverted back to its original owner.
C. The SBMA reserves the right to transfer/relocate the assigned properties to PCG in the pursuit of its goal and objectives and the PCG shall freely consent of such transfer/relocation to be the subject of another agreement on the matter, if needed.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affix their signature this ________ day of ________________________ in the year of our Lord Two Thousand and eight at Subic Freeport Zone, Philippines.
SUBIC BAY MEETROPOLITANT AUTHORITY PHILIPPINE COAST GUARD
FELICIANO G. SALONGA WILFREDO D. TAMAYO
Commodore PCGA Vice Admiral PCG
Chairman and Head of Agency Commandant, PCG
ARMAND C. ARREZA
Administrator and CEO