2009 R - 170 - CONFIRMING THE NEGOTIATIONS AND APPROVING THE TERMS OF REFERENCE, GUIDELINES AND SCHEDULE OF ACTIVITIES RELATIVE TO THE SWISS

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON NOVEMBER 10, 2009, AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - City Vice-Mayor & Presiding Officer

Hon. Gina Gulanes-Perez - - City Councilor

Hon. Rodel S. Cerezo- - - “ “

Hon. Sarah Lugerna Lipumano-Garcia - - “ “

Hon. Edwin J. Piano- “ “

Hon. Angelito W. Baloy - - - “ “

Hon. Aquilino Y. Cortez, Jr. - - “ “

Hon. Anselmo A. Aquino- - - “ “

Hon. Elena C. Dabu- - - - “ “

Hon. Jonathan G. Manalo- - - “ “.

Hon. Cheenee F. Hoya- - - - SK Federation President

ABSENT:

Hon. John Carlos G. delos Reyes- - - - City Councilor

RESOLUTION NO. 170

(Series of 2009)

A RESOLUTION CONFIRMING THE NEGOTIATIONS AND APPROVING THE TERMS OF REFERENCE, GUIDELINES AND SCHEDULE OF ACTIVITIES RELATIVE TO THE SWISS/ COMPETITIVE CHALLENGE MODEL FOR THE LONG-TERM LEASE OF THE OLONGAPO CITY MALL

WHEREAS, pursuant to City Council Resolution No. 162 (Series of 2009) dated 28 October 2009, the “Swiss/Competitive Challenge” method was adopted as a proper and legal mode for the awarding of a long-term lease contract over the Olongapo City Mall property, and at the same time, the unsolicited proposal of SM Prime Holdings, Inc. was accepted, relative to which the Hon. City Mayor James Gordon, Jr. was authorized to form a committee to negotiate and formalize with SM the applicable terms of reference for the said Competitive/Swiss Challenge exercise, with overriding consideration to public welfare;

WHEREAS, in the conduct of activities relative to the Competitive/Swiss Challenge exercise, the proper legal safeguards must be put in place, to ensure that the same is transparent and competitive, and that only the best feasible terms and conditions shall be secured consonant with the City’s best interests;

WHEREAS, as enunciated by the Supreme Court Decision in JG Summit Holdings, Inc. vs. Court of Appeals dated 20 November 2004 citing Department of Justice Opinion No. 93 (Series of 2000), to constitute a valid Competitive/Swiss Challenge procedure, there must be (a) an offer to the public; (b) an opportunity for competition; and (c) a basis for comparison of competing bids, if any be submitted;

WHEREAS, these requisite legal safeguards to ensure transparency and competitiveness in the bidding process must be contained and embodied in a Terms of Reference (TOR), and the activities relative thereto clearly outlined in a Schedule of Activities;

NOW, THEREFORE, on motion of City Councilor Edwin J. Piano co-sponsored by City Councilors Gina G. Perez, Rodel S. Cerezo, Aquilino Y. Cortez, Jr., Anselmo A. Aquino, Elena C. Dabu, Jonathan G. Manalo and Cheenee F. Hoya, with the majority decision of the Members of the Sangguniang Panlungsod present;

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to confirm, as it hereby confirms the Negotiations and Approving the Terms of Reference, Guidelines and Schedule of Activities Relative to the Swiss/Competitive Challenge Model for the Long-Term Lease of the Olongapo City Mall.

APPROVED, November 10, 2009.

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer

GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES

City Councilor City Councilor

(Absent)

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA

City Councilor City Councilor

(Opposed)

EDWIN J. PIANO ANGELITO W. BALOY

City Councilor City Councilor

(Opposed)

AQUILINO Y. CORTEZ, JR. ANSELMO A. AQUINO

City Councilor City Councilor

ELENA C. DABU JONATHAN G. MANALO

City Councilor City Councilor

CHEENEE F. HOYA

SK Federation President

ATTEST:

ELFLIDA S. SALMON

Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON _____________________.

JAMES GORDON, JR.

City Mayor

ATTEST:

DELFIN A. JUICO, JR.

Secretary to the City Mayor