2012 R - 075 - AUTHORIZING THE HONORABLE CITY MAYOR JAMES GORDON, JR. TO ENTER INTO AND SIGN A MEMORANDUM OF AGREEMENT (MOA) WITH THE PHILIPPINE CHARITY SWEEPSTAKES OFFICE (PCSO) FOR THE USE OF A PORTION OF THE SECOND FLOOR SPACE AT THE JAMES L. GORDON AVENUE MARKET AND MALL FOR OFFICE AND FOR CHARITABLE AND HEALTH RELATED SERVICES, IN A MANNER CONSISTENT WITH LAW

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JUNE 20, 2012 AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino - -  City Vice-Mayor & Presiding Officer

Hon. Rodel S. Cerezo - - - City Councilor

Hon. Eyrma Yvette Marzan-Estrella - - - “        “

Hon. Aquilino Y. Cortez, Jr. - - - - - “        “

Hon. James G. Delos Reyes - - - “        “

Hon. Gina Gulanes-Perez - - - “        “

Hon. Elena C. Dabu - - -   “        “

Hon. Eduardo J. Piano - -  “        “

Hon. Edna A. Elane - - - -   “        “

Hon. Noel Y. Atienza - -  “        “

Hon. Sarah Lugerna Lipumano-Garcia - - “        “

Hon. Dolly Mae M. Ramos - - - SK Federation President   

ABSENT:

Hon. Carlito A. Baloy - - -President, Liga ng mga Barangay (Sick Leave)

RESOLUTION NO. 75

(Series of 2012)

A RESOLUTION AUTHORIZING THE HONORABLE CITY MAYOR JAMES GORDON, JR.

TO ENTER INTO AND SIGN A MEMORANDUM OF AGREEMENT (MOA) WITH THE PHILIPPINE CHARITY SWEEPSTAKES OFFICE (PCSO) FOR THE USE OF A PORTION OF THE SECOND FLOOR SPACE AT THE JAMES L. GORDON AVENUE MARKET AND MALL FOR OFFICE AND FOR CHARITABLE AND HEALTH RELATED SERVICES, IN A MANNER CONSISTENT WITH LAW

WHEREAS, as one of the roles of the PCSO to the community is to finance and support health programs, medical assistance and services and/or charities of national character, which will benefit the people of Olongapo who are in need of financial assistance;

WHEREAS, the PCSO expressed its intention to use a space within the city to provide health programs and financial assistance to the people of Olongapo where majority of the clients they received in their Balanga, Bataan Branch are coming from our city;

WHEREAS, with the opening of the PCSO Branch here in Olongapo City clients need not to travel far just to submit the requirements and to fall in line early in the morning just to be one of the first applicants to avail assistance for the day;

WHEREAS, the said branch of PCSO in Olongapo City will be the Regional Branch for Region III and the existing PCSO branch in Balanga, Bataan will now become a satellite branch;

WHEREAS, the Olongapo City acknowledges the intention of the PCSO for a space to be used for their operation and gives a portion of the second floor space at the James L. Gordon Avenue Market and Mall;

WHEREAS, the city government of Olongapo offered the lease of commercial space with floor area of 270 sq. meters located at the 2^nd floor of the James L. Gordon Avenue Market and Mall, Gordon Avenue, Olongapo City, for a fee of P1.00 per year which PCSO accepted;

WHEREAS, the lease of office space by PCSO at Olongapo City constitutes a government-to-government transaction. Nevertheless, PCSO made sure that such lease conforms with the established rules and guidelines such as regularity, necessity and reasonableness of rental rate, and the location thereof was meticulously determined after taking into account, among others, the need for prudence and economy, and the suitability of the area in relation to the mandate of the office and its accessibility to its clients;

NOW, THEREFORE, on motion of city Councilor James G. delos Reyes, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY FURTHER RESOLVED, by the Sangguniang Panlungsod in session assembled, to authorize, as it hereby authorizes, the Honorable City Mayor James Gordon, Jr. to enter into and sign a Memorandum of Agreement (MOA) with the Philippine Charity Sweepstakes Office (PCSO) for the use of a portion of the second floor space at the James L. Gordon Avenue Market and Mall for Office and for Charitable and Health Related Services, in a manner consistent with law.

APPROVED UNANIMOUSLY, June 20, 2012.

2012 R - 074 - SUPPORTING THE PASSAGE AND EVENTUAL ENACTMENT INTO LAW OF HOUSE BILL NO.5727 WHICH RESTRUCTURES THE EXERCISE TAXES ON ALCOHOL AND TOBACCO PRODCUTS, IN A MANNER CONSISTENT WITH LAW

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JUNE 20, 2012 AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino - - City Vice-Mayor & Presiding Officer

Hon. Rodel S. Cerezo - - -  - City Councilor

Hon. Eyrma Yvette Marzan-Estrella - -“        “

Hon. Aquilino Y. Cortez, Jr. - - “        “

Hon. James G. Delos Reyes - - “        “

Hon. Gina Gulanes-Perez - - “        “

Hon. Elena C. Dabu - - -   “        “

Hon. Eduardo J. Piano - - “        “

Hon. Edna A. Elane - - “        “

Hon. Noel Y. Atienza - - “        “

Hon. Sarah Lugerna Lipumano-Garcia -  “        “

Hon. Dolly Mae M. Ramos - - SK Federation President   

ABSENT:

Hon. Carlito A. Baloy - - President, Liga ng mga Barangay (Sick Leave)

RESOLUTION NO. 74

(Series of 2012)

A RESOLUTION SUPPORTING THE PASSAGE AND EVENTUAL ENACTMENT INTO LAW OF HOUSE BILL NO.5727 WHICH RESTRUCTURES THE EXERCISE TAXES ON ALCOHOL AND TOBACCO PRODUCTS, IN A MANNER CONSISTENT WITH LAW

 WHEREAS, the Department of Health, through its correspondence dated May 3, 2012, requested the support of the City of Olongapo for the passage and eventual enactment into law of House Bill No. 5727 (An Act Restructuring the Exercise Tax on Alcohol and Tobacco products) as a matter of ‘fiscal and health imperative’;

WHEREAS, as per Department of Health projections, the initiative is projected to generate from PhP60,000,000,000 (Billion) to PhP140,000,000,000 (Billion) which shall be earmarked and used for the construction and enhancement of medical facilities, hospitals, rural health units and barangay health stations;

WHEREAS, the city has always adhered to a policy of discouraging indulgence of its people, especially of the youth, in unhealthy activities such as drinking of alcoholic beverages/liquors, and smoking tobacco;

NOW, THEREFORE, on motion of city Councilor Edna A. Elane, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY FURTHER RESOLVED, by the Sangguniang Panlungsod in session assembled, to support as it hereby supports the passage and eventual enactment into law of House Bill No. 5727 which restructures the exercise taxes on alcohol and tobacco products, in a manner consistent with law.

APPROVED UNANIMOUSLY, June 20, 2012.

2012 R - 073 - DECLARING THE ANNUAL BUDGET OF BARANGAY EAST TAPINAC FOR THE FISCAL YEAR 2012 IN THE AMOUNT OF SIX MILLION SIX HUNDRED SIXTY EIGHT THOUDAND ONE HUNDRED FORTY THREE PESOS AND 74/100 (PHP6,668,143.74) OPERATIVE IN ITS ENTIRETY

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JUNE 20, 2012 AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino - City Vice-Mayor & Presiding Officer

Hon. Rodel S. Cerezo -  - City Councilor

Hon. Eyrma Yvette Marzan-Estrella - - “        “

Hon. Aquilino Y. Cortez, Jr. - - - - “        “

Hon. James G. Delos Reyes - - - “        “

Hon. Gina Gulanes-Perez -  - - “        “

Hon. Elena C. Dabu - - - -   “        “

Hon. Eduardo J. Piano  - - -  “        “

Hon. Edna A. Elane - - - -   “        “

Hon. Noel Y. Atienza - - - -  “        “

Hon. Sarah Lugerna Lipumano-Garcia - - - “        “

Hon. Dolly Mae M. Ramos - SK Federation President   

ABSENT:

Hon. Carlito A. Baloy - - - President, Liga ng mga Barangay  (Sick Leave)

RESOLUTION NO. 73

(Series of 2012)

A RESOLUTION DECLARING THE ANNUAL BUDGET OF BARANGAY EAST TAPINAC FOR THE FISCAL  YEAR 2012 IN THE AMOUNT OF SIX MILLION SIX HUNDRED SIXTY EIGHT THOUDAND ONE HUNDRED FORTY THREE PESOS AND 74/100 (PHP6,668,143.74) OPERATIVE IN ITS ENTIRETY

In the interest of public service and on motion of City Councilor Gina Gulanes-Perez, 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 declare as it hereby declares the Annual Budget of Barangay East Tapinac for the Fiscal Year 2012 in the amount of Six Million Six Hundred Sixty Eight Thousand One Hundred Forty Three Pesos and 74/100 (PhP6,668,142.74) operative in its entirety considering that the said budget as contained in Appropriation Ordinance No. 01, Series of 2011 of Barangay East Tapinac upon review by the Sangguniang Panlungsod has substantially complied with the requirements and limitations set forth under Republic Act No. 7160 or the Local Government Code of 1991 and its Implementing  Rules and Regulations. PROVIDED, that the City Accountant is enjoyed to observe that the conditions enumerated by the City Budget Officer in her letter dated June 14, 2012 are strictly complied with;

RESOLVED FURTHER, AS IT IS HEREBY FURTHER RESOLVED, Appropriation Ordinance No. 01, Series of 2011 of Barangay East Tapinac dated December 7, 2011 and a letter from Ms. Marey Beth D. Marzan, City Budget Officer dated June 14, 2012 be made as integral parts of this Resolution.

Let copy of this Resolution be furnished Barangay East Tapinac for its information and guidance.

APPROVED UNANIMOUSLY, June 20, 2012.

2012 R - 072 - ACCEPTING THE UNSOLICITED PROPOSAL OF BEACON MARKETING FOR THE UPGRAIDING AND DEVELOPMENT OF THE OLONGAPO CITY SLAUGHTERHOUSE IN A MANNER CONSISTENT WITH LAW

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JUNE 20, 2012 AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino - -  City Vice-Mayor & Presiding Officer

Hon. Rodel S. Cerezo - - - City Councilor

Hon. Eyrma Yvette Marzan-Estrella - “        “

Hon. Aquilino Y. Cortez, Jr.- - - - “        “

Hon. James G. Delos Reyes -  - “        “

Hon. Gina Gulanes-Perez - - - “        “

Hon. Elena C. Dabu - - - -   “        “

Hon. Eduardo J. Piano - - - -  “        “

Hon. Edna A. Elane - - -   “        “

Hon. Noel Y. Atienza - - -  “        “

Hon. Sarah Lugerna Lipumano-Garcia - - - “        “

Hon. Dolly Mae M. Ramos -  SK Federation President   

ABSENT:

Hon. Carlito A. Baloy - - President, Liga ng mga Barangay (Sick Leave)

RESOLUTION NO. 72

(Series of 2012)

A RESOLUTION ACCEPTING THE UNSOLICITED PROPOSAL OF BEACON MARKETING FOR THE UPGRAIDING AND DEVELOPMENT OF THE OLONGAPO CITY SLAUGHTERHOUSE IN A MANNER CONSISTENT WITH LAW

WHEREAS, in accordance with the national policy of President Benigno C. Aquino III of pursuing Public-Private Partnership (PPP) projects in the implementation of the Local Government development programs and projects, Beacon Marketing, represented by its General Manager, Mr. Patrick Philip A. Pineda, submitted an unsolicited proposal for the concession/franchise of the City Slaughterhouse with a view to upgrading and developing its facilities;

WHEREAS, at its current state, the Olongapo city Slaughterhouse, covering a land area of approximately ‘4,000’ square meters in Barangay Sta. Rita, the said facility is one of the few remaining slaughterhouse in the region which is still not accredited as “AA” standard by the Department of Agriculture – National Meat Inspection Service – in light of the requirements of the Department of Agriculture – National Meat Inspection Service;

WHEREAS, the terms proposed by Beacon Marketing include the improvement, upgrading and enhancement of the  existing infrastructure, providing the working capital for the facility, providing long term financing and after the lease period turn over the facility to the Local Government Unit, with the following details, among others: (a) Offered the payment of an Annual Franchise Fee of Php500,000.00 or 15% of the gross slaughter fees, whichever is higher; (b)Committed investment and improvement amounting to Php20,600,000.00; (c) Shouldering all costs to be incurred in the construction, operation, repairs and maintenance, and management of the slaughterhouse for the contract period; (d) Contract Duration for 25 years; (e) Payment to be remitted to the city through the City Treasurer’s Office on a quarterly basis, and which shall start on the first day of the operation of the Slaughterhouse computed from the first day of operation by the proponent; (f) The Ante Mortem and Post Mortem fees shall go directly to the City Government through the City Veterinary Office, the rate of which will be determined by the city; (g) The proponent will impose increase in the necessary fees or charges in the following schedules upon operation of the new and renovated slaughterhouse, provided they already got the “AA” accreditation of the NMIS; (h) Retention of 1^st to 2^nd year fees (i.e.) fees will be retained- Hogs: Php69 per head plus Php23 for ante and post mortem inspection fees; Large Animals: Php185 per head plus Php40 for ante and post mortem inspection fees – 3^rd to 5^th year: Fees will be adjusted (Hogs: Php97 per head plus Php23 for ante and post mortem inspection fees; Large Animals: Php210 per head plus Php40 for ante and post mortem inspection fees; 6^th to 10^th year: Fees will be adjusted to Php108.64 per head of hogs and Php235.20 per head for large animals plus adjusted ante and post mortem inspection fee must be adjusted upon amending the City Ordinance; 11^th to 15^th year: Fees will be adjusted to Php121.68 per head of hogs and Php235.42 for large animals plus adjusted ante and post mortem inspection fee must be adjusted upon amending the city Ordnance; 16^th to 20^th year: Fees will be adjusted to Php136.28 per head of hogs and Php295.03 per head for large animals plus adjusted ante and post mortem inspection fee must be adjusted upon amending the City Ordinance; 21^st to 25^th year: Fees will be adjusted to Php152.63 per head of hogs and Php330.44 for large animals plus adjusted ante and post mortem inspection fee must be adjusted upon amending the city Ordinance;

WHEREAS, the unsolicited proposal has been endorsed by the Local Development Council (LCD) and has been apprised and recommended by the City Finance and Appraisal Committee;

NOW, THEREFORE, on motion of City Councilor Gina Gulanes-Perez with the majority decision of the Members of the Sangguniang Panlungsod present; 

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungosd in session assembled, to accept as it hereby accepts the unsolicited proposal of Beacon marketing for the upgrading and development of the Olongapo city Slaughterhouse in a manner consistent with Law.

APPROVED UNANIMOUSLY, June 20, 2012.

2012 R - 071 - SUPPLEMENTING THE ASSET PURCHASE AGREEMENT BETWEEN THE CITY AND THE PRIVATE SECTOR AS REQUIRED BY THE COMMISSION ON AUDIT AND EXTENDING ITS “SUNSET DATE”, TO ENSURE PROPER AND SUFFICIENT PROVISION FOR THE CITY’S ELECTRICITY NEEDS AND TO ACCOMPLISH THE FULL UPGRADING MODERNIZATION AND ENHANCEMENT OF POWER PUBLIC UTILITY SERVICE, IN A MANNER CONSISTENT WITH LAW

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON JUNE 20, 2012 AT THE CITY HALL.

PRESENT:

Hon. Rolen C. Paulino - -City Vice-Mayor & Presiding Officer

Hon. Rodel S. Cerezo - - - City Councilor

Hon. Eyrma Yvette Marzan-Estrella - - “        “

Hon. Aquilino Y. Cortez, Jr. - - - - - “        “

Hon. James G. Delos Reyes - “        “

Hon. Gina Gulanes-Perez - - “        “

Hon. Elena C. Dabu - - -   “        “

Hon. Eduardo J. Piano - - - - -  “        “

Hon. Edna A. Elane - - - - -   “        “

Hon. Noel Y. Atienza - - -  “        “

Hon. Sarah Lugerna Lipumano-Garcia - -  “        “

Hon. Dolly Mae M. Ramos - - SK Federation President   

ABSENT:

Hon. Carlito A. Baloy - - President, Liga ng mga Barangay (Sick Leave)

RESOLUTION NO. 71

(Series of 2012)

A RESOLUTION SUPPLEMENTING THE ASSET PURCHASE AGREEMENT BETWEEN THE CITY AND THE PRIVATE SECTOR AS REQUIRED BY THE COMMISSION ON AUDIT AND EXTENDING ITS “SUNSET DATE”, TO ENSURE PROPER AND SUFFICIENT PROVISION FOR THE CITY’S ELECTRICITY NEEDS AND TO ACCOMPLISH THE FULL UPGRADING MODERNIZATION AND ENHANCEMENT OF POWER PUBLIC UTILITY SERVICE, IN A MANNER CONSISTENT WITH LAW

WHEREAS, as per survey by the Public Utilities Department, the city is among the remaining local government units in the country engaged in the operation and maintenance of an electric/power utility, and has among the lowest electricity rates in the region;

WHEREAS, given the recent developments in power utility operations, there is a need to upgrade and modernize the existing ageing power facilities of the city and address the technical needs necessary to provide sufficient electric power supply to the local community, which require substantial capitalization and a vast resource base;

WHEREAS, an Asset-Purchase Agreement (APA) was engaged in by the city and the private sector, in an effort to address the ever growing power needs of the city, which increased electricity consumption needs and the need for enhanced facilities and services is a common and prevalent trend in the country;

WHEREAS, the Commission on Audit has already reviewed the “APA” and has directed the city to supplement the existing “APA” with the provisions in its “audit observations” to ensure the complete legality of the “APA” and its implementation in a manner compliant with pertinent laws, rules and regulations, and to ensure its consonance with the best public interest and public welfare;

WHEREAS, to date, the private sector partner, the Cagayan Electric Power and Light Company, Inc. (CEPALCO) has already infused substantial capital in assisting in the upgrade of sections of the power facilities of the city which is the reason for the current stabilizing power service to the local community;

WHEREAS, there is a need to extend the agreed “sunset” date to December 15, 2013 to allow the Public Utilities Department and the private sector partner ample time to continue and finish the undertaken upgrade, enhancement and modernization of current facilities to provide responsive sufficient supply to the people of Olongapo City;

WHEREAS, to address fears of potential arbitrary, unconscionable, oppressive or baseless price increases in the costs of electric consumption, the city manifests its categorical stance that it shall support any rational and legitimate initiative before the Energy Regulatory Commission to block and combat any such arbitrary, unconscionable, oppressive or baseless price increase in the costs of electric consumption which would be anathema to the best interest and welfare of the community;

WHEREAS, the private sector has headed the demand of the city, and has manifested that it shall follow the process and legal requirements with the Energy Regulatory Commission, with the required consultations with the local community and shall exercise maximum prudence and restaurant in effecting any changes in the current electric service set-up in the event that any agreement with it is perfected and fully consummated;

NOW, THEREFORE, on motion of City Councilor Gina Gulanes-Perez with the majority decision of the Members of the Sangguniang Panlungsod present; 

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungosd in session assembled, to supplement as it hereby supplements, the Asset Purchase Agreement between the City and the Private Sector as required by the Commission on Audit and extending its “Sunset Date”, to ensure proper and sufficient provision for the City’s electricity needs and to accomplish the full upgrading modernization and enhancement of Power Public Utility Service, in a manner consistent with Law.

APPROVED, June 20, 2012.