Member of a citizen forum filed a complaint with the Prosecutor’s Office.
A contract signed between the Public Mobility Company (EMOV EP) and a private consortium to install fotorradares in Cuenca raises questions. The contract was signed in August 2018 and is still in effect.
Citizen groups and even Mayor Pedro Palacios have objected to that contract, which in just a few months generated more than $ 3 million in fines.
After a complaint made public in 2019, different citizen groups of Cuenca began to seek answers from the authorities, because they considered that something was wrong in that agreement. One of them is the Foro del Azuay, led by Rolando Hurtado Astudillo.
He commented that on several occasions he has met with local authorities to discuss the matter, but has not received a response. For this reason, he decided to go to the Prosecutor’s Office to file a complaint, because he considers that in the contract of this strategic alliance some crimes against the efficiency of the public Administration that are typified in the Penal Code could be configured.
They steal 16 fotorradares from the Azuay roads
In July 2019, the newly elected mayor of the city, Pedro Palacios, denounced the existence of the contract between the Public Mobility Company (EMOV EP) and a private consortium to install photoradares.
That day, he questioned that agreement by stating that “under the pretext of reality, of a better culture and road education, he has been reaching into the pocket of Cuencans in a merciless way.”
The issue was audited by the State Comptroller General. In the final report it concluded that there were several breaches.
The contract between the representatives of the EMOV EP and the Traffic Safety Azuay (TSA) consortium was signed in August 2018. The issue generated controversy because, according to the authorities, between April and July 2019, 27,000 citizens were sanctioned, which meant an amount of $ 3,191,400.
The special examination of the Comptroller’s Office analyzes what happened between January 2017 and July 31, 2020, which includes an amount of $ 10,839,883.30, of which the Municipality kept 63%.
The report indicates that there were “pre-feasibility studies, without updated economic analysis, support for accident statistics and certification of the availability of funds to support the viability of a private partner.”
When analyzing the public tender, in which initially there were three offers, some details are observed, such as that the publication was not made in a local newspaper, but only in a national newspaper, so, according to the auditors, the Article 15 of the regulations issued by the company’s board of directors.
They also found that the members of the technical commission affected the principles of transparency, legality, equality, concurrence and publicity of the strategic partner selection process, “because they proceeded, without authorization from the general manager, to modify the schedule dates for the different stages, approved in the contest rules; and additionally they applied various criteria to qualify the fulfillment of the requirements by the bidders ”.
Another issue they determined was that, when EMOV gave a contract to a private group to control speed on various streets and avenues in Cuenca, it delegated powers to a private entity, despite the fact that this power is only held by the public institution.
According to the Comptroller’s auditors, the TSA consortium has failed to comply with various requirements, such as presenting evidence of an initial investment in accordance with the provisions of its “economic offer”, as well as that they were not given the payroll of the “personnel required for the operation.”
Already in the operational part, they found that three of the ten photo-radars were not implemented within the term provided in the contract until September 12, 2019, date included in the term established in the fifth clause of the agreement.
Here it is also mentioned that “the reasons for which changes of location or lack of installation of various photosensors were generated (were not (supported)) technically”.
The special examination concludes that there were “deficiencies in the establishment of the photosensors operating hours” and schedules were not set based on what was stipulated in the pre-feasibility study.
Another aspect that is supposedly defaulted is the overdue portfolio recovery process. The report details that this was not carried out “despite the fact that it constituted an obligation of the aforementioned consortium”, which caused that there is an overdue portfolio greater than 61 days, for the total value of $ 5’143.477.80. In addition, it was discovered that due to typing errors, traffic violations were annulled and the EMOV stopped receiving $ 6,997.20.
Regarding this and other points analyzed, the Comptroller’s Office issues some recommendations addressed to the general manager and the board of directors in the sense of verifying, in the future, the compliance of these points by the private consortium, but in none of them refers to canceling it due to the breaches discovered .
In light of the Comptroller’s observations, representatives of the consortium presented their version in the special examination. Regarding not complying with the initial investment, they responded that “it is pertinent to indicate that the offer presented in due time is an enabling part of this contract, and it contains the amounts proposed, analyzed and accepted by the EMOV EP for the different products. of the contract (…)”.
Regarding the three radars not implemented, the TSA Operations Manager commented that control points 4 and 5 for the moment must be controlled by mobile devices, having to have deterrent devices and the necessary infrastructure for the placement of fixed ones “when the circumstances deserve it ”.
They justify that they are waiting for “the execution of the work in relation to resurfacing”, and in view of the fact that the EMOV EP does not carry out resurfacing works, it will be assisted to carry out the procedures before the pertinent authorities.
The termination of the photoredator contract in Ambato is analyzed
Regarding the non-recovery of the overdue portfolio, they stated that from the first days of October they began the recovery process with their own personnel, and that the administration of the alliance contract to enable the prohibition of enrollment in the Transit Agency system does not It was implemented by the EMOV, a situation that affected the proceedings.
Regarding this report, Mayor Pedro Palacios assured that they will act in law and will faithfully comply with what is stated here.
Rolando Hurtado Astudillo, from the Azuay Forum, commented on the complaint that his interest as director of this group is purely civic, to discover the truth for the benefit of citizens.
The complaint that he filed, for now, is of a confidential nature and is in the investigation phase. (I)
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