Legislative Information Tracking and Administration System

WHEREAS, the City Council of San Juan enacted City Ordinance No. 29, Series of 2012 otherwise know as the “City of San Juan PPP Code”, as amended by City Ordinance No. 82, Series of 2018;

WHEREAS, the City enacted City Ordinance No. 37, Series of 2004, otherwise known as the “Traffic Management Code of the Municipality of San Juan, Metro Manila”;

WHEREAS, vehicular accidents along the City’s main thoroughfares have increased in number due to the volume of vehicles that ply such thoroughfares;

WHEREAS, the number of traffic enforcers employed the City to monitor traffic within the City has not increased proportionately to the volume of vehicles that passes through it;

WHEREAS, according to the Roadmap for Transport Infrastructure Development for Greater Capital Region (2017), the Philippines is losing Php 3.5 Billion per day due to traffic congestion, and it is projected to lose Php 5.5 Billion per day by 2035 if no interventions are made in Metro Manila;

WHEREAS, the City desires to adapt and institute new measures/technologies, such as, but not limited to, a no contact apprehension program or systems that will help address the prevailing traffic conditions, alleviate traffic congestion, reduce the incidence of vehicular collisions, promote pedestrians/motorist safety, create a culture of discipline between and among motorists, prevent graft and corruption, and improve the general traffic conditions within the City;

WHEREAS, pursuant to Section 35 of Republic Act No. 7160 otherwise known as the “Local Government Code of 1991”, the City is authorized to enter into joint ventures and such other cooperative arrangements with people's and non-governmental organizations to engage in the delivery of certain basic services, capability-building and livelihood projects, and to develop local enterprises designed to improve productivity and income, diversify agriculture, spur rural industrialization, promote ecological balance, and enhance the economic and social well-being of the people;

WHEREAS, Section 458 (5) (vi) of the Local Government Code identifies the regulation of traffic on all streets and bridges as among the basic services that the City is mandated to provide;

WHEREAS, the implementation of the proposed NCAP can help manage the increase in traffic and ensure road safety amidst the fast-paced development of the City;

WHEREAS, QPAX has knowledge of and licenses for certain specialized equipment, applications, and processes related to traffic enforcement cameras and NCAP;

WHEREAS, due to the significant economic and social benefits that the NCAP brings, QPAX proposed to the City that its implementation be done through a joint venture by contract;

WHEREAS, on August 16, 2021, QPAX submitted an unsolicited proposal to the City, complete with Cover Letter, Company Profile, Project Study and Draft Contract, for the development, operation and management of the NCAP;

WHEREAS, pursuant to Section 17 under Stage One / Unsolicited Proposal of the PPP Code, the City, through its Mayor, and upon the favorable recommendation of its Public-Private Partnership Selection Committee, issued a “PPP Certificate of Acceptance” in favor of QPAX for its unsolicited proposal last October 8, 2021, and in furtherance thereof, granted “Original Proponent Status” to QPAX;

WHEREAS, pursuant to Section 17 under Stage Two / Detailed Negotiations of the PPP Code, the Parties issued a joint certification on November 23, 2021, stating that an agreement has been reached on the technical and financial aspects of the NCAP and that solicitation for comparative proposals may commence;

WHEREAS, pursuant to Section 17 under Stage Three / Competitive or Swiss Challenge Proper of the PPP Code, a competitive challenge was conducted by the Bids and Awards Committee through the publication of the invitation for comparative proposals on March 16, 2022;

WHEREAS, pursuant to Section 17 under Stage Three / Competitive or Swiss Challenge Proper of the PPP Code, Mayor Francisco Javier M. Zamora, on the strength of the recommendation of the Public-Private Partnership Selection Committee, awarded the Project to QPAX on April 25, 2022 for having the superior or most advantageous proposal to the City;

WHEREAS, the City Legal Officer has certified that the Joint Venture Agreement is in order and not contrary to existing laws, rules and regulations;

NOW, THEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVEDBY THE SANGGUNIANG PANLUNGSOD OF THE CITY OF SAN JUAN, AND BY VIRTUE OF THE POWERS VESTED IN IT BY LAW, in a session duly assembled, to authorize the City Mayor Francisco Javier M. Zamora, to enter into and sign the Joint Venture Agreement for the implementation of the proposed NCAP;

RESOLVED FURTHER, that the authority, issuance and approval hereof is subject to certain restrictions and to all existing laws, circulars, rules and regulations.