‘I never hold a gun to your head’

St Ann Municipal Corp face legal threat if $46m bill not paid

THE ST Ann Municipal Corporation could face legal action if it does not quickly turn over payment to Rahim’s Cleaning and Trucking Limited, the company hired to undertake controversial $46-million COVID19 sanitisation at eight locations in Ocho Rios.

The cleaning company billed the corporation for work purportedly done at the Urban Development Corporation-run Island Village complex, Main Street in Ocho Rios, Turtle River Park, Ocean Village, Ocho Rios Market, and Fisherman Village.

At the Island Village complex, which is reportedly privately owned, cleaning involved sanitisation of handrails, gates and their handles, doors and their handles, rail guards, and seating, amounting to $7.5 million.

Attorney-at-law Hugh Wildman, who is representing Rahim’s Cleaning and Trucking, has argued that his client completed the terms of the contract, noting that no concern was raised with the quality of work.

Wildman warned yesterday that if the municipality failed to respond on Thursday, Rahim’s Cleaning and Trucking would take legal recourse.

“This is a voluntary contractual arrangement. Both sides would have negotiated the cost of the contract,” Wildman told The Gleaner.

“He didn’t take advantage of the institution. The institution willingly, voluntarily went into the arrangement. That’s the basis of a contract - offer and acceptance.”

Since controversy erupted over the project bill, St Ann’s Bay Mayor Michael Belnavis has sought to distance himself from the procurement process. However, Belnavis and Chief Executive Officer Rovel Morris said that the corporation was withholding payment until the matter was fully investigated.

“It is part of the tourism project, so the municipality should know why they engage the person to do the work,” said the attorney.

Wildman insists that his client expected to receive remuneration after holding true to its obligations.

“I never hold a gun to your head and say you must enter into a contract with me. It is a voluntary contractual arrangement,” he said.

Further, the attorney said that Rahim Walker, director and shareholder, bore the entire cost of sanitising the locations, inclusive of labour, equipment, and chemicals. No deposit was paid, Wildman said.

The agreement between the St Ann Municipal Corporation and Rahim’s Cleaning was signed on March 26, 2020.

Records from the National Contracts Commission, the company responsible for reviewing and endorsing recommendations for the award of public contracts above $30 million in value, showed that Rahim’s Cleaning and Trucking Limited is certified to undertake government works.

According to Companies Office of Jamaica records, the cleaning company was incorporated in August 2017 and is located in Cross Roads, St Andrew.