This Monday, March 28, 2022, the Metropolitan Public Company for Drinking Water and Sanitation (epmaps) Reports that the constitutional judge of the Judicial Unit for Family, Women, Children and Adolescents, Washington Duarte Estevez, has rejected Defensive action Filed by Gynecosolution.
In a press conference in front of the media. Christina GonzalezThe legal manager of Epmaps explained that this was used by the process Ginkgo Company Withdrawal of the decision of Empresa Agua de Quito to confirm and unilaterally cancel the agreement signed in 2019.
Gonzalez said that the legal consequences of Epmaps’ failure to comply with the obligation to notify the company about the participation and change sessions of the shareholding structure of the company with which it had entered into the agreement had become effective. Unilateral termination of the agreement.
Quito honored! We respectfully inform the Metropolitan District of Quito that Calderon’s Judiciary has ruled in favor of EPMAPS in the Geinco case. A milestone in the protection of Quito’s human resources. #WaterForQuito #AQuitoSeLaRespect pic.twitter.com/zQpt6OtC5T
– Epmaps – Agua de Quito (uaguadequito) March 28, 2022
“The judge agreed with us and dismissed the claim as unacceptable as it did not violate Ginkgo’s constitutional rights,” he said.
In this agreement, it had an investment of US 4 4,332,000 for design, supply, construction, commissioning, financing. Drinking water project for San Juan de Calderon”
Preliminary and unilateral termination was declared by Resolution No. EPMAPS-2022-GG-005 of January 17, 2022; For non-compliance with Section 78 of the Public Procurement Act and 63 of the Codification of Contract Assignment of the SARCOP Resolution.
It states that the full implementation of the drinking water project for San Juan de Calderon, without notice or approval from ePmaps, Contractor Transferred shares and participation in its corporate structure.
EPmap doesn’t stop! Continuation of ongoing work has been ensured since June 22 through the implementation of the emerging San Juan de Calderon project and the pre-contracting process of the Integral Calderon Water and Sanitation Project, which is ongoing. #AQuitoSeLaRespect pic.twitter.com/1xPdj0aYvr
– Epmaps – Agua de Quito (uaguadequito) March 28, 2022
Geinco safety action
Geinco filed a Defensive action What should have been done on February 24, however, was postponed at the request of the contracting construction company, reforming its claim for an alleged imbalance. Violation of their rights And to consider themselves victims of alleged harassment by municipal authorities and Epmaps.
The court ruled, epmaps It ensures that it complies with due process through a law governed by the principle of legitimacy and guarantees the right to genocide through the application of legal and contractual terms.
Ginko’s general manager Gerardo Espinel explained to the newspaper that he was in favor of security. 600 workers Those who lost their jobs and 200,000 people who were without water after the unilateral agreement ended.
“It simply came to our notice then Breach of contract, Zero fines, zero oversight from the regulator. The decision to unilaterally cancel the contract was due to the purchase of 5% shares from my daughter, I did not assign the contract to anyone, Let’s appeal Because we have our fair share. ”
For your part Stalin raceGeinco’s lawyer explained that while the public contracting law prohibits the transfer of assignment or contract rights, it does not prohibit the appointment of shares between the partners of the same company.
“The reason this move was challenged is because it is considered arbitrary to establish a reason for termination which does not comply. Legal criteriaIt simply came to our notice then that the current mayor and some councilors had a prejudice against Geinco, “he said.
Gynecosolution The purpose was to revoke the agreement and overturn the organization’s decision. On January 17, 2022, Epmaps resolved the unilateral and early termination of the agreement entered into in 2019, since the company did not notify Epmaps about this. Recruitment of shares In its corporate structure, within five days as permitted by law.
The work will benefit 15,000 residents
Othan JevalosGeneral Manager Epmaps, said that a New company Which could end the construction of drinking water in the vicinity of San Juan de Calderon. Agua de Quito has allocated USD 2.6 million to continue construction of the “Drinking Water for San Juan de Calderon” project, which will benefit approximately 15,000 residents.
Mid-April 2022 Recruitment process For the completion of the project, which included the installation of a transmission line connecting the 2 tanks of Carcelen and San Jose de Maran, with the aim of increasing the flow by 110 liters per second; In addition, the San José de Morán 2 reserve tank, with a capacity of 2,000 m3, has already been built.
This project forms an emerging solution against service breaks San Juan de Calderon. The low-flow solution is guaranteed by the Calderón Integral Project, with a total investment of approximately USD 120 million, through a loan to Epmaps from the Inter-American Development Bank (IDB).
The pre-contracting process for the Paluguilo-Puembo pipeline is underway and bids are under review; The invitation to submit bids for the Puembo-Calderon pipeline will be published in early April; In May, the offer will be called from the presentation Calderon Drinking Water Treatment Plant (Phase I), and in September will be invited to submit an offer for volume expansion of the transmission line, existing tanks and distribution network.