Bacolod Mayor Evelio Leonardia has requested the Sangguniang Panlungsod for authority to sign the compromise agreement entered into by the Bacolod City Government with CD Technologies Asia, Inc. for the company to digitize, harmonize and codify the ordinances of the city government from 1938 to 2010.
In the agreement, the city was represented by Leonardia, Vice Mayor Jude Thaddeus Sayson representing the SP, and Bids and Awards chairman Goldwyn Nifras, while CD Asia was represented by its lawyers Asia Canieso-Sproten and Charisse Hiponie-Marañon.
In recognition of the need to create a City Code in compliance with City Ordinance No. 339, series of 2003, and in order to enhance its legal information and resource system, the city contracted CD Asia in 2007 to digitize, harmonize, and codify its ordinances from 1938 to June 30, 2007, towards the creation of an Omnibus Bacolod City Code and Bacolod City Legislative Archive.
Based on the agreement, CD Asia, in July 2007, delivered a sample Omnibus Bacolod City Code in compliance with Purchase Order No. 0496-07dated May 23, 2007 signed by Leonardia, and in line with the agreement, will submit the final version of the same Code.
However, a dispute arose between the parties which became subject of civil case 08-13232 for specific performance or rescission of contract with damage. And because of the legal dispute, the project has not been completed until today.
But both parties are desirous of completing the project and of amicably settling the dispute.
Bacolod City Legal Officer Joselito Bayatan said the project has passed the BAC biddings and procedures and there was already a purchase order issued by the Mayor in favor of CD Asia in July 2007 yet.
But since the city was not able to formalize its agreement with CD Asia, the company filed a case for it to comply with the contract after CD Asia had already passed all the formalities, he said.
Bayatan said that after the contract had been perfected, CD Asia want the contract implemented. It follows that the city will pay CD Asia so it will eventually start the electronic codification and prepare the electronic files and records of the SP, he said.
In the compromise agreement, while what was agreed in the original contract was only to codify the city ordinances from 1938 to 2007, the city was able to favorably and advantageously negotiate further that the codification will be up to 2010, with no additional cost to the city, Bayatan said.
“So we were able to gain the codification of the ordinances from 2008 to 2010 as an extra bonus given by CD Asia, which is clearly stated in paragraph 21 of the compromise agreement,” he said.
Bayatan said they have already submitted the compromise agreement of the city with CD Asia to the SP as requested by the Mayor.
“And, hopefully, if there is already authority from the SP for the Mayor to sign the compromise agreement, then, eventually, we can implement the contract with CD Asia and we will realize the electronic codification and filing of the city ordinances,” he said..
Based on the compromise agreement, the total cost of the project is P2,319,452 to be payable upon completion of phases 1, 2 and 3.
Phase 1 will cost P1,275.698.60; phase 2 – P579,863 and phase 3 – P463,890.40.*CGS