Republic of the Philippines

SANGGUNIANG PANLUNGSOD
CITY OF MAKATI

PRESENT:

Vice Mayor MONIQUE YAZMIN MARIA Q. LAGDAMEO - Presiding Officer

Councilor SHIRLEY C. ASPILLAGA
Councilor MARIE ALETHEA SJ. CASAL-UY
Councilor GRAZIELLE IONY N. DE LARA-BES
Councilor VIRGILIO V. HILARIO JR.
Councilor DIVINA A. JACOME
Councilor LUIS S. JAVIER JR.
Councilor LEONARDO M. MAGPANTAY
Councilor ROMEO C. MEDINA
Councilor MA. ARLENE M. ORTEGA
Councilor MARY RUTH C. TOLENTINO
Councilor EVELYN DELFINA E. VILLAMOR
Councilor MARIA CONCEPCION M. YABUT
Councilor NEMESIO S. YABUT JR.
LnB President ARMANDO P. PADILLA

ABSENT:

Councilor FERDINAND T. EUSEBIO

Councilor NELSON S. PASIA - Sick Leave
Councilor ENRICO J. PUNO - Sick Leave

=================================================================

On motion presented by Hon. M.C.M. Yabut, which was duly seconded by all
Members present, the Sangguniang Panlungsod of the City of Makati approved City
Ordinance No. 2017-087 on third and final reading.

CITY ORDINANCE NO. 2017-087

Authors: Hon. M.C.M. Yabut, Hon. M.A.S.J. Casal-Uy, Hon. D.A. Jacome,
Hon. G.I.N. de Lara-Bes, Hon. N.S. Yabut, Jr., Hon. M.R.C. Tolentino,
Hon. V.V. Hilario, Jr., Hon. E.J. Puno and Hon. F.T. Eusebio

Co-Authors: Hon. S.C. Aspillaga, Hon. L.S. Javier, Jr., Hon. R.C. Medina,
Hon. L.M. Magpantay, Hon. M.A.M. Ortega, Hon. E.D.E. Villamor
and Hon. A.P. Padilla

AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF THE

PUBLIC-PRIVATE PARTNERSHIP (PPP) CONTRACT WITH G-XCHANGE,
INC. AND IBAYAD ONLINE VENTURES, INC. REGARDING THE PROJECT
KNOWN AS THE UNIVERSAL CARD SYSTEM TO BE DISTRIBUTED TO
THE CONSTITUENTS OF THE CITY OF MAKATI AND AUTHORIZING
FURTHER THE HONORABLE MAYOR MAR-LEN ABIGAIL S. BINAY TO
ENTER INTO AND SIGN SUCH PPP CONTRACT, SUBJECT TO EXISTING
LAWS, RULES AND REGULATIONS.

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CITY ORDINANCE NO. 2017-087
WHEREAS, Section 20, Article II of the 1987 Philippine Constitution provides that
the State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments;

WHEREAS, it is the policy of the City Government of Makati to advance the public
good and general welfare and promote the interest of the community within the
framework of sustainable and integrated development;

WHEREAS, the private sector participates in infrastructure, development and social

service-related projects of the State and local government units (LGUs) through
what is popularly known as Public-Private Partnerships (PPPs);

WHEREAS, PPPs shall be pursued by the City Government of Makati consistent with
and in furtherance of the vision and mission of the City Government of Makati;

WHEREAS, in 2014, the Sangguniang Panlungsod of the City of Makati enacted City
Ordinance No. 2014-051, otherwise known as the “City of Makati PPP Code”;

WHEREAS, the abovementioned Ordinance was amended in 2017 by City Ordinance

No. 2017-007;

WHEREAS, in 2017, G-Xchange, Inc. and iBayad Online Ventures, Inc., submitted an
unsolicited proposal for the project known as the Universal Card System to be
distributed to the constituents of the City of Makati;

WHEREAS, pursuant to City Ordinance No. 2014-051, as amended, the Invitation for
Comparative Proposal was published in a newspaper of general circulation;

WHEREAS, no comparative proposal for the abovementioned Project was received

within the prescribed period;

WHEREAS, the PPP Selection Committee, through Resolution No. 9-2017,

recommended the award of the project known as the Universal Card System to be
distributed to the constituents of the City of Makati to G-Xchange, Inc. and iBayad
Online Ventures, Inc.;

WHEREAS, upon thorough scrutiny by the Members of the Sangguniang

Panlungsod, it was ruled upon that the award of the project to G-Xchange, Inc. and
iBayad Online Ventures, Inc. underwent the procedures required by City Ordinance
No. 2014-051, as amended;

WHEREAS, the Members of the Sangguniang Panlungsod, upon exhaustive

deliberation, likewise approve the terms and conditions of the PPP Contract with G-
Xchange, Inc. and iBayad Online Ventures, Inc. since such terms and conditions are
reasonable and not disadvantageous to the City Government of Makati;

WHEREAS, Section 13 (k) of City Ordinance No. 2014-051, as amended, provides

that all PPP contracts must be signed by the City Mayor with prior authorization
from the Sangguniang Panlungsod;

WHEREAS, Sec. 8 (a) (6) of R.A. 7854, otherwise known as the Charter of the City of
Makati, likewise provides that the city mayor, as the chief executive of the city

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CITY ORDINANCE NO. 2017-087
government, shall represent the City in all its business transactions and sign on its
behalf all bonds, contracts, and obligations, and such other documents upon
authority of the Sangguniang Panlungsod or pursuant to law or ordinance;

WHEREAS, considering the reasonableness of the terms and conditions and the
absence of any legal impediment to the subject PPP Contract, the Sangguniang
Panlungsod, pursuant to the abovementioned provisions, hereby authorizes the
Honorable Mayor Mar-len Abigail S. Binay to enter into and sign such PPP contract
with G-Xchange, Inc. and iBayad Online Ventures, Inc.

NOW, THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED BY THE

SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, BY VIRTUE OF THE
POWERS VESTED IN IT BY LAW, IN SESSION ASSEMBLED, that:

Section 1. The Sangguniang Panlungsod hereby approves the terms and conditions
of the Public-Private Partnership (PPP) Contract with G-Xchange, Inc. and iBayad
Online Ventures, Inc. regarding the project known as the Universal Card System to be
distributed to the constituents of the City of Makati.

Section 2. The Sangguniang Panlungsod further authorizes the Honorable Mayor

Mar-len Abigail S. Binay to enter into and sign such PPP contract with G-Xchange,
Inc. and iBayad Online Ventures, Inc.

Section 3. All ordinances, resolutions and executive orders which are inconsistent
with any of the provisions of this Ordinance are hereby repealed or modified
accordingly.

Section 4. If any provision or part of this Ordinance is declared invalid, other

provisions or parts not affected thereby shall remain in full force and effect.

Section 5. Let a copy of this Ordinance be furnished the G-Xchange, Inc. and iBayad
Online Ventures, Inc., Public-Private Partnership – Selection Committee (PPP-SC),
Office of the Mayor, Office of the City Administrator, City Law Department and other
offices concerned for their information, guidance and reference.

Section 6. This Ordinance shall take effect immediately upon its approval.

ENACTED BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA,

in its Regular Session held on 2 August 2017.

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CITY ORDINANCE NO. 2017-087
HON. SHIRLEY C. ASPILLAGA HON. ROMEO C. MEDINA

HON. MARIE ALETHEA S.J. CASAL-UY HON. MA. ARLENE M. ORTEGA

HON. GRAZIELLE IONY N. DE LARA-BES HON. NELSON S. PASIA

HON. FERDINAND T. EUSEBIO HON. ENRICO J. PUNO

HON. VIRGILIO V. HILARIO, JR. HON. MARY RUTH C. TOLENTINO

HON. DIVINA A. JACOME HON. EVELYN DELFINA E. VILLAMOR

HON. LUIS S. JAVIER, JR. HON. MARIA CONCEPCION M. YABUT

HON. LEONARDO M. MAGPANTAY HON. NEMESIO S. YABUT, JR.

HON. ARMANDO P. PADILLA

LnB President

Certified true and correct by:

ATTY. DINDO R. CERVANTES

Secretary to the
Sangguniang Panlungsod
Attested by:

HON. MONIQUE YAZMIN MARIA Q. LAGDAMEO

Vice Mayor & Presiding Officer

Approved by:

HON. MAR-LEN ABIGAIL S. BINAY

City Mayor

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CITY ORDINANCE NO. 2017-087