OFFICE OF THE CITY MAYOR Executive Order No. 46 Series of 2023 AN ORDER CONSTITUTING AND CONVENING THE VICTORIAS CITY PPP REGULATORY AUTHORITY (“PPP- RA”) WHEREAS, Republic Act No. 6957 (1990), or the "Build-Operate- ‘Transfer (BOT) Law," was enacted to provide a legal framework for public-private partnerships in the Philippines and set the guidelines for the implementation of PPP projects. The law encourages private sector participation in infrastructure development, promotes innovation and efficiency in project implementation, and supports the country's economic growth and development; WHEREAS, Republic Act No. 7718 amended some sections of RA. No. 6957, promoting private sector participation in infrastructure development and ensuring transparency and fairness in the bidding and selection process while also protecting the public interest in the implementation of Build-Operate-Transport projects; WHEREAS, Section 20, Article II of the 1987 Constitution recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments; WHEREAS, Section 16 of the Local Government Code of 1991 mandates every local government unit to exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare to ensure and support the development of appropriate and self-reliant scientific and technological capabilities, economic prosperity, and preserve the comfort and convenience of their inhabitants; and WHEREAS, Section 19 of Victorias City Ordinance No. 2023-43, otherwise known as the “VICTORIAS CITY PUBLIC-PRIVATEPARTNERSHIP (“PPP”) CODE OF 2023,” mandates the creation of a PPP Regulatory Authority (“PPP-RA”) for purposes of performing contract management functions for all PPP arrangements entered into by the City. NOW THEREFORE, I, JAVIER MIGUEL L. BENITEZ, Mayor of the City of Victorias, by virtue of the powers vested in me by law, do hereby order the following: Section 1. Constituting and Convening the Victorias City PPP Regulatory Authority (PPP-RA) - The Victorias City PPP Regulatory Authority (PPP-RA) is hereby constituted and convened and shall be composed by the following, to wit: Chairman: City Mayor, or City Administrator if so designated by the City Mayor Secretary : City Legal Officer Members: City Treasurer : City Planning and Development Officer : Business Permits and Licensing Officer : City Human Settlements and Urban Development Officer : City Engineer : Bids and Awards Committee Secretariat : SP Committee Chairperson on Infrastructure Sec, 2, Determination of Quorum and Assembly - A quorum of the PPP -RA shall be composed of a simple majority of all voting members. The Chairperson shall vote only in case of a tie. The PPP-RA, with the approval of the City Mayor, may invite third-party experts to attend its meetings to act as advisors and observers. Such third-party experts may represent national government agencies, regulatory agencies, the NEDA, the PPP Center, the DILG, the private sector, CSOs, Pos, and NGOs. The PPP-RA may form a support staff composed of employees and personnel of the City. The PPP-RA may also engage consultants hired pursuant to law.Sec. 3. Mandate - The PPP-RA created under this Order shall be tasked with the following: iii. Performing contract management functions, such as partnership management (i.e,, corporate governance, communication and information sharing, and dispute resolution); Performance or service delivery management (ie,, risk management and performance management); and Contract administration (i.e, variation management, contract maintenance and financial administration), for all PPP arrangements entered into by the City. Aside from these, the PPP-RA shall be responsible for setting and monitoring the tariff and administering the subsidy pursuant to the PPP contract. Sec. 4. Powers and Functions - The PPP-RA created under this Order shall have the following powers and functions: For projects covered by government-to-government joint PPP undertakings, the collaborating or partner government entity shall have one (1) representative in the PPP-RA, provided that such representative shall only sit in meetings of the PPP-RA, or portions thereof, and have a vote only on matters directly affecting the PPP project covered by such joint PPP undertaking. For this purpose, government-to-government joint PPP undertakings mean such mutual agreement entered into by the city with other local governments, national government agencies, government-owned and controlled corporations, government instrumentalities, and government corporate entities for the implementation of PPP projects that will benefit the city and its community even if the project site is outside the City's territory; and The PPP-RA may appoint a contract manager for a PPP project depending on the PPP contract value, complexity and associated risks. The contract manager shall have the necessary management skills andtechnical knowledge of the goods, services or works to be provided under the PPP contract. The PPP-RA shall determine the manner and source of payment for the contract manager's compensation, provided that if a regular employee of the City is appointed as contract manager, he/she shall not receive additional compensation for such appointment. The contract manager shall have a vote on matters directly affecting the PPP project that he/she is managing. Sec. 5. Term of Office — The term of office of the Victorias City PPP-RA shall be until June 30, 2024, from the date of appointment, provided that the City Mayor may amend their membership at any time. Sec. 6. Repealing Clause ~ Any Order or similar directive inconsistent with any provision found herein shall be deemed revoked, rescinded, amended, or superseded accordingly. Sec. 7. Separability - If any provision of this Order is declared invalid or unconstitutional, the other provisions unaffected shall remain valid and subsisting. Sec. 8. Effectivity - This Order shall take effect immediately upon approval. DONE, in the City of Victorias, this __|2#1__ of July, in the year of our Lord Two Thousand Twenty-Three. JAVI IIGUELA. BENITEZ HON. JAVIER L. BENITEZ