eLegis Sangguniang Panlungsod ng Olongapo

10 November 2009

2009 R - 174 - AUTHORIZING THE CITY MAYOR TO ENTER INTO TRIPARTITE AGREEMENT WITH SBMA AND HHIC-PHIL. FOR THE CONSTRUCTION AND OPERATION

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. 174
(Series of 2009)

A RESOLUTION AUTHORIZING THE CITY MAYOR JAMES GORDON, JR. TO ENTER INTO A TRIPARTITE AGREEMENT WITH SUBIC BAY METROPOLITAN AUTHORITY (SBMA) AND HANJIN HEAVY INDUSTRIES AND CONSTRUCTION – PHIL. (HHIC-PHIL.) FOR THE CONSTRUCTION AND OPERATION OF A JETTY FACILITY AT BARANGAY BARETTO

WHEREAS, HHIC-Phil. is a corporation duly organized and existing under the Philippine Laws, is the owner of a shipyard located at Greenbeach I, Redondo Peninsula, Cawag, Subic, Zambales with more than twenty thousand work force;

WHEREAS, HHIC-Phil. in its desire to uphold the welfare of its workers who are not living in Redondo Peninsula area, sees the need for a reasonable and convenient transportation facilities to and from their work place;

WHEREAS, Subic Bay Metropolitan Authority (SBMA) board passed Resolution No. 09-08-3244 approving the draft tripartite MOA for the construction of a passenger terminal facility;

WHEREAS, the Olongapo City Government believing that the project will be beneficial to its people, concur with the proposed jetty facility project which will be constructed in Barangay Baretto as proposed in the draft Memorandum of Agreement;

WHEREAS, this resolution is adopted without prejudice to any cases pending in courts;

NOW, THEREFORE, on motion of City Councilor Edwin J. Piano, 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 authorize, as it hereby authorizes Honorable City Mayor James Gordon, Jr. to enter into a Tripartite Agreement with Subic Bay Metropolitan Authority (SBMA) and Hanjin Heavy Industries and Construction – Phil. (HHIC-Phil.) for the construction and operation of a jetty facility in Barangay Baretto.

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

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2009 R - 173 - ASSIGNING OFFICIAL SANGGUNIANG PANLUNGSOD COMMUNITY BILLBOARDS IN CONSPICUOUS PLACES IN THE CITY FOR PUBLIC INFO. AND CONSULTATION

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. 173
(Series of 2009)

A RESOLUTION ASSIGNING OFFICIAL SANGGUNIANG PANLUNGSOD COMMUNITY BILLBOARDS IN CONSPICUOUS PLACES IN THE CITY FOR PUBLIC INFORMATION AND CONSULTATION

WHEREAS, Article III Section 7 of the Philippine Constitution states, “The right of the people to information on matters of public concern shall be recognized. Access to official records, transactions or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law”;

WHEREAS, Section 59 of Republic Act 7160 otherwise known as the Local Government Code states that for Ordinances and Resolutions to effect, copies shall be posted on conspicuous places in the local government unit concerned;

WHEREAS, the duly elected local officials then have the supreme responsibility to inform as well as consult the constituency for any government program especially those which directly involve them;

WHEREAS, to formally assign billboards in front of the Olongapo City Hall, Olongapo City Public Market, Olongapo City Mall, Driftwood Beach Barretto and at Calapati, Purok 2, New Cabalan will serve as venues where all pertinent transactions of the Sanggunian shall be posted for public information;

WHEREAS, all residents shall be invited to actively participate in the City’s major programs as legislative measures shall be posted on a regular basis thereby encouraging the public to easily take part and voice their significant affairs;

NOW, THEREFORE, on motion of Hon. Gina G. Perez, with the unanimous accord of all members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to assign, as it hereby signs official Sangguniang Panlungsod Community Billboards in conspicuous places in the City for public information and consultation;

Let copies of this Resolution be given to the local media organizations and the seventeen barangays for information and dissemination.

APPROVED UNANIMOUSLY, 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

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor

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

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2009 R - 172 - CONGRATULATING THE SK FEDERATION OF OLONGAPO CITY FOR THEIR EXCEPTIONAL CONTRIBUTIONS FOR THE OSKAR IN THE HIGHLY URBANIZED CITY

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. 172
(Series of 2009)

A RESOLUTION CONGRATULATING THE SANGGUNIANG KABATAAN (SK) FEDERATION OF OLONGAPO CITY FOR THEIR EXCEPTIONAL CONTRIBUTIONS FOR THE OUTSTANDING SANGGUNIANG KABATAAN AWARDS AND RECOGNITION (OSKAR) IN THE HIGHLY URBANIZED CITY CATEGORY ACCORDED TO THEIR PRESIDENT, HON. CHEENEE F. HOYA

WHEREAS, Sangguniang Kabataan (SK) Federation President, Honorable Cheenee F. Hoya, clinched the prestigious Outstanding Sangguniang Kabataan Awards and Recognition (OSKAR) in the Highly Urbanized City Category given to her during the recently concluded SK National Congress, for her robust contributions in bringing the youth sector of the City to a level of resounding excellence;

WHEREAS, this accolade accorded to the SK President will not be possible without the unequivocal support of the SK presidents and the members of the SK councils in the 17 barangays of the City;

WHEREAS, as a cohesive team, SK Hoya’s leadership serves as the force that provided the legislative bedrock for the SK’s programs and projects in the City and the SK presidents in each barangay and their councilors are the creative minds, skillful hands and able feet that implement the numerous programs on environmental protection, education, livelihood and entrepreneurship, sports and entertainment, infrastructure and basic community services, anti-drug campaigns, community immersion and development;

WHEREAS, the young constituents of the City had surely harvested the rippling positive effects of the said programs and projects carried out by the SK presidents and other officials who generously shared their youthfulness, wit, talent, time and treasures all for genuine concern;

WHEREAS, the OSKAR, a shared SK accomplishment, is another attestation of Olongapo’s fertile ground for excellent leaders to bloom and another feather on the cap of the City, the Olongapeños are so proud of;

NOW, THEREFORE, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to congratulate, as it hereby congratulates the Sangguniang Kabataan (SK) Federation of Olongapo City for their exceptional contributions for the Outstanding Sangguniang Kabataan Awards and Recognition (OSKAR) in the Highly Urbanized City Category accorded to their President, Hon. Cheenee F. Hoya.

Let this Resolution be furnished the SK presidents of the 17 barangays of the City for their information and record.

APPROVED UNANIMOUSLY, 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

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor

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

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2009 R - 171 - CONGRATULATING HON. CHEENEE HOYA FOR WINNING THE OSKAR IN THE HIGHLY URBANIZED CITY CATEGORY

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. 171
(Series of 2009)

A RESOLUTION CONGRATULATING HONORABLE CHEENEE F. HOYA FOR WINNING THE OUTSTANDING SANGGUNIANG KABATAAN AWARDS AND RECOGNITION (OSKAR) IN THE HIGHLY URBANIZED CITY CATEGORY

WHEREAS, Sangguniang Kabataan (SK) Federation President, Honorable Cheenee F. Hoya, clinched the prestigious Outstanding Sangguniang Kabataan Awards and Recognition (OSKAR) in the Highly Urbanized City Category given to her during the recently concluded SK National Congress, for her robust contributions in bringing the youth sector of the City to a level of resounding excellence;

WHEREAS, Kagawad Cheenee Hoya is an epitome of how vibrant our young generation is, exceptionally gifted, ever-fresh with ideas and spirited;

WHEREAS, before she joined the City’s leadership, “Cheenee”, became one of the crowned princesses in the Search for the City Fiesta Queen 2005 and emerged as Miss Talent. She honed her God-given package through training and launching in the fields of music and arts – singing, dancing, acting and modeling for known hair stylists and make-up artists in the City;

WHEREAS, she was also an active member of PREDA-AKBAY Theater Group. The AKBAY (Aksyon ng Kabataan at mga Bata para sa Bayan) Advocacy Theater Group was organized to carry out the advocacy on the Rights of the Children and Youth Empowerment. Its main thrust is to raise the consciousness of the general public regarding social issue confronting children and the youth sectors using theater arts as an effective tool of communication;

WHEREAS, through her influence, they have established the first theater club in the City reaching out to almost all the young people in their barangay. With the involvement of all the youth in the said community, the club, housed in their present building serves as a training center, reaching their peers to be trained not only to become productive members of the society but to be capable leaders;

WHEREAS, SK Hoya’s leadership serves as the force that provided the legislative bedrock for the SK’s programs and projects in the City and the fuel that jumpstarted their numerous programs on environmental protection, education, livelihood and entrepreneurship, sports and entertainment, infrastructure and basic community services, anti-drug campaigns, community immersion and development. The young constituents of the City had surely harvested the rippling positive effects of the said programs as their representative in the Sangguniang Panlungsod and their pacesetter;

WHEREAS, the OSKAR accorded to her is another attestation of Olongapo’s fertile ground for excellent leaders to bloom and another feather on the cap of the City, the Olongapeños are so proud of;

NOW, THEREFORE, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to congratulate, as it hereby congratulates, Honorable Cheenee F. Hoya for winning the Outstanding Sangguniang Kabataan Awards and Recognition (OSKAR) in the Highly Urbanized City Category.

Let a copy of this Resolution be furnished SK Federation President, Honorable Cheenee F. Hoya for her information and record.

APPROVED UNANIMOUSLY, 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

EDWIN J. PIANO ANGELITO W. BALOY
City Councilor City Councilor

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

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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

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2009 R - 169 - APPROVING THE JOINT RECOMMENDATION OF THE NEGOTIATION TEAM OF THE CITY AND SM PRIME HOLDINGS, INC. RELATIVE TO THE UNSOLICITED PROPOSAL

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. 169
(Series of 2009)

A RESOLUTION APPROVING THE JOINT RECOMMENDATION OF THE NEGOTIATION TEAM OF THE CITY AND SM PRIME HOLDINGS, INC. RELATIVE TO THE UNSOLICITED PROPOSAL FOR THE LONG-TERM LEASE OF THE OLONGAPO CITY MALL

WHEREAS, under Section 16 of the Local Government Code of 1991 (RA No. 7160), Local Government Units are mandated to promote the general welfare of its people, particularly by, among others, enhancing economic prosperity and social justice, and promoting full employment;

WHEREAS, under Section 18 of the Local Government Code of 1991 (RA No. 7160), Local Government Units are, among others, empowered to lease its real property and/or apply its resources and assets for productive, developmental, or welfare purposes;

WHEREAS, while under Executive Order No. 72 (1987) Local Government Units, through its local chief executive, may enter into direct negotiation for the lease of its properties, the City utilized the public bidding procedure to ensure greater transparency in the process and competitiveness in securing terms and conditions most beneficial to the entire community;

WHEREAS, pursuant to City Council Resolution No. 79 (Series of 2009) dated 24 June 2009, the Hon. City Mayor James Gordon, Jr. was granted authority to negotiate, enter into, and sign a long-term lease agreement with the winning bidder and to prepare the Terms of Reference (TOR) regarding such bidding regarding the Olongapo City Mall;

WHEREAS, the TOR for the aforesaid bidding was formulated and embodied in City Council Resolution No. 114 (Series of 2009) dated 19 August 2009, which was however repealed/superseded by City Council Resolution No. 158 (Series of 2009) dated 21 October 2009 which was promulgated by the City Council to secure the best possible terms and optimum benefits from the long-term lease of the Olongapo City Mall;

WHEREAS, on 22 October 2009, SM Prime Holdings, Inc., a respected major mall developer with an estimated capitalization of Twenty Billion Pesos (PHP20,000,000,000.00) in the country submitted to the City Government of Olongapo, an unsolicited proposal whereby it proposed to lease the Olongapo City Mall with the proposed terms that, among others, it shall automatically assume the City’s obligations with the Land Bank of the Philippines and the Development Bank of the Philippines in the estimated amount of One Hundred Twelve Million Six Hundred Twelve Thousand and Three Hundred Eight Pesos (PHP 112,612,308.00) and shoulder the entire redevelopment cost of the Olongapo City Mall, these aside from remitting lease/rent payments to the City;

WHEREAS, on 28 October 2009, the City Council approved Resolution No. 162 (Series of 2009) essentially (a) approving the “Swiss/Competitive Challenge” method as a proper and legal mode for the awarding of a long-term lease contract over the Olongapo City Mall property, (b) accepting SM’s unsolicited proposal, and (c) authorizing the Mayor to form a committee to negotiate and formalize with SM the applicable terms of reference for the above-described Swiss/Competitive Challenge exercise (the “Committee”), with the foregoing subject to auditing regulations and other pertinent rules;

WHEREAS, as elucidated under Commission on Audit (COA) Decision No. 2009-064 dated 20 July 2009, the Swiss/Competitive Challenge Mode of public bidding is legally sanctioned as “it approximates the nature of public bidding which are essentially transparency and competitiveness”;

WHEREAS, pursuant to the foregoing, the Finance Committee reviewed the unsolicited proposal of SM Prime Holdings, Inc. and thereafter presented to the latter, the terms acceptable and beneficial to the City, with due regard to public interest;

WHEREAS, pursuant to the mandate of transparency and competitiveness in the bidding process, the terms and conditions distilled from the City’s negotiations with SM Prime Holdings, Inc. is embodied in a Memorandum of Agreement which must be confirmed as a condition precedent, subsequent to which the unsolicited proposal to be made subject of the competitive challenge shall be made public;

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 approve, as it hereby approves the Joint Recommendation of the Negotiation Team of the City and SM Prime Holdings, Inc. relative to the Unsolicited Proposal 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

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