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Topic: The never ending Rizzo Trash deal
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untanglingwebs
El Supremo

Resolution EMA 1282015 adopted 3/23/2015: Resolution to confirm the City of Flint's support of the Genesee County Metropolitan Planning Commission's 2015 Community Pollution prevention (P2) grant application and n-kind contribution. Also signed by City Attorney Peter Bade and City Administrator Natasha Henderson.

In this resolution Flint stated their partners were Republic Services,Inc.,and Keep Genesee County Beautiful. These two partners were to pay the City of Flint's 25 % match for a $100,000 grant. Kay Muhammed prepared the document for Howard Croft and the DPW.

Not a campaign donation but a donation offer nonetheless. Grants must be spent within 2 years. Did we get this one? Don't know but republic's willingness to pay might be reason to steer a contract.




[PDF]4 LI.. / Jr - City of Flint
https://www.cityofflint.com/wp-content/uploads/EMA1282015.pdf
Flint
Mar 16, 2015 - BY THE EMERGENCY MANAGER: ... of Flint (and its partners, Republic Services, Inc., and Keep Genesee County ... The City of Flint, Department of Public Works, is requesting this resolution be adopted to confirm the.


Last edited by untanglingwebs on Sat Sep 24, 2016 7:28 am; edited 3 times in total
Post Wed Aug 17, 2016 2:44 pm 
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untanglingwebs
El Supremo

b
[PDF]Flint RTAB Miinutes 07-22-16 - State of Michigan
www.michigan.gov/.../Flint_RTAB_Minutes_07-22-16_530870_7.pdf
Michigan
Jul 22, 2016 - the City of Flint, its administration and council, are expected to accept .... Ms. Kay Muhammad to speak, which is a part of this committee, and I ...




Many fell victim to the false statement that Rizzo would save Flint $2 million (later boosted to $4 million).

When Council performed their due diligence and Judge Farah ordered an "apples to apples" comparison, Rizzo was no longer the low bidder. In fact Rizzo was allowed to amend their bid in violation of the charter and the purchasing ordinance. Also Rizzo was given a second interview and Republic was not. Even the Request for Proposals had clauses violating the purchasing ordinance.

There had been a committee under DPW Director Kay Muhammad that ha spent a year looking at the original contract and their decision was to grant the extension. Weaver announced the decision to bid with about 2 months remaining on the contract and began negotiating a contract the next day according to Muhamma at an RTAB meeting.


Last edited by untanglingwebs on Sat Mar 31, 2018 6:30 am; edited 1 time in total
Post Wed Aug 17, 2016 3:08 pm 
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untanglingwebs
El Supremo

Republic Assumes Waste, Recycling Collection in Flint, Michigan
waste360.com/republic.../republic-assumes-waste-recycling-collection-flint-michigan
Feb 12, 2013 - Phoenix-based Republic said under the five-year public-private partnership agreement it will purchase Flint's collection trucks for $1.5 million, ...
Post Thu Aug 18, 2016 7:55 am 
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untanglingwebs
El Supremo

Republic Assumes Waste, Recycling Collection in Flint, Michigan
Feb 12, 2013 Allan Gerlat

Republic Services Inc. is taking over waste and recycling collection for Flint, Mich., adding a curbside recycling program and saving the city about $1 million annually.

Phoenix-based Republic said under the five-year public-private partnership agreement it will purchase Flint’s collection trucks for $1.5 million, serve the city’s municipal waste needs, including city-sanctioned events, and launch a recycling education campaign, according to a company news release.

Also, workers in the sanitation department for the city of about 100,000 will have the opportunity to join Republic.

Republic said public-private partnerships help municipalities lower costs and provide consistent safety training and service standards, greater efficiency, risk mitigation, economies of scale, and trucks operating with more environmentally friendly fuel.

"Today's announcement is a victory for the city of Flint and its residents," said Chris Synek, executive vice president of sales and customer experience for Republic. "The city will benefit through cost savings, and residents and businesses will enjoy additional services, including curbside recycling."

Republic operates the Citizen's Disposal landfill and has provided residential, commercial and industrial service to the Flint area for more than two decades. The company employs 80 people at its Flint office.
Post Thu Aug 18, 2016 7:59 am 
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untanglingwebs
El Supremo

Phoenix-based Republic said under the five-year public-private partnership agreement it will purchase Flint’s collection trucks for $1.5 million, serve the city’s municipal waste needs, including city-sanctioned events, and launch a recycling education campaign, according to a company news release.


5 year contract when we were told three year?
Post Thu Aug 18, 2016 8:00 am 
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untanglingwebs
El Supremo

Public–private partnership
From Wikipedia, the free encyclopedia

A public–private partnership (PPP, 3P or P3) is a government service or private business venture that is funded and operated through a partnership of government and one or more private sector companies.

PPP involves a contract between a public sector authority and a private party, in which the private party provides a public service or project and assumes substantial financial, technical and operational risk in the project. In some types of PPP, the cost of using the service is borne exclusively by the users of the service and not by the taxpayer.[1] In other types (notably the private finance initiative), capital investment is made by the private sector on the basis of a contract with government to provide agreed services and the cost of providing the service is borne wholly or in part by the government. Government contributions to a PPP may also be in kind (notably the transfer of existing assets). In projects that are aimed at creating public goods like in the infrastructure sector, the government may provide a capital subsidy in the form of a one-time grant, so as to make the project economically viable. In some other cases, the government may support the project by providing revenue subsidies, including tax breaks or by guaranteed annual revenues for a fixed time period. In all cases, the partnerships include a transfer of significant risks to the private sector, generally in an integrated and holistic way, minimizing interfaces for the public entity. An optimal risk allocation is the main value generator for this model of delivering public service.

There are usually two fundamental drivers for PPPs. First, PPPs are claimed to enable the public sector to harness the expertise and efficiencies that the private sector can bring to the delivery of certain facilities and services traditionally procured and delivered by the public sector. Second, a PPP is structured so that the public sector body seeking to make a capital investment does not incur any borrowing. Rather, the PPP borrowing is incurred by the private sector vehicle implementing the project. On PPP projects where the cost of using the service is intended to be borne exclusively by the end user, the PPP is, from the public sector's perspective, an "off-balance sheet" method of financing the delivery of new or refurbished public sector assets. On PPP projects where the public sector intends to compensate the private sector through availability payments once the facility is established or renewed, the financing is, from the public sector's perspective, "on-balance sheet"; however, the public sector will regularly benefit from significantly deferred cash flows. Generally, financing costs will be higher for a PPP than for a traditional public financing, because of the private sector higher cost of capital. However, extra financing costs can be offset by private sector efficiency, savings resulting from a holistic approach to delivering the project or service, and from the better risk allocation in the long run.

Typically, a private sector consortium forms a special company called a "special purpose vehicle" (SPV) to develop, build, maintain and operate the asset for the contracted period.[1][2] In cases where the government has invested in the project, it is typically (but not always) allotted an equity share in the SPV.[3] The consortium is usually made up of a building contractor, a maintenance company and equity investor(s). It is the SPV that signs the contract with the government and with subcontractors to build the facility and then maintain it. In the infrastructure sector, complex arrangements and contracts that guarantee and secure the cash flows make PPP projects prime candidates for project financing. A typical PPP example would be a hospital building financed and constructed by a private developer and then leased to the hospital authority. The private developer then acts as landlord, providing housekeeping and other non-medical services while the hospital itself provides medical services.[1]
Post Thu Aug 18, 2016 4:17 pm 
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untanglingwebs
El Supremo

what is the status of the Flint City Charter now that some power is being restored?


The charter 6-101 to 6-104 deals with multiple member bodies, including commissions and boards.
6-101 states these bodies are established by the city by ordinance or resolution. When the EM Ambrose generated a resolution creating a partnership (private-public) with Republic Services,did he also create or was there a mechanism to create a citizen committee with the power to to oversee Flint's waste collection?

Muhammad in her communication kept referring to a "committee"" that had not finished their review of the proposals. In speaking with some politically active citizens , I understand Muhammad solicited interested individuals for this committee. The question is who authorized the creation of the committee, their function, their duties, their authority?

The charter gives that authority to the Mayor an the council and they are to make annual reports.
Post Fri Aug 19, 2016 11:05 am 
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untanglingwebs
El Supremo

6-102 of the charter deals with the transfer of governmental functions. Since this committee allegedly has the authority to select a governmental vendor, they obviously must follow the procedures outlined.
Since the EM bypassed the procedure for the creation of the partnership, did he also authorize this committee as this body was heavily emphasized by Muhammad to the RTAB board?

Were their meetings public and announced as per the charter. ?
Post Fri Aug 19, 2016 11:13 am 
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untanglingwebs
El Supremo

No More Limbo!

Print Email Jiquanda Johnson | jjohns16@mlive.com By Jiquanda Johnson | jjohns16@mlive.com

on September 09, 2016 at 9:30 PM, updated September 09, 2016 at 9:31 PM
FLINT, MI – The Michigan Court of Appeals has reversed a county judge's decisions regarding Flint's controversial garbage contract.

According to documents filed by the Court of Appeals, Genesee County Circuit Court Judge Joseph Farah could not place an injunction on Mayor Karen Weaver's administration nor could he order the City Attorney to appoint an attorney to represent the Flint City Council in a lawsuit against Weaver's office over a trash contract dispute.

"The court orders that the Genesee Circuit Court's August 11, 2016 order granting a preliminary injunction is reversed," said the decision from Michigan Court of Appeals. "Plaintiffs did not meet their burden of proving a need of a preliminary injunction because they could not show that they are likely to prevail on the merits of their action."

Farah could not be reached for comment on the ruling.


The state-appointed Receivership Transition Advisory Board voted against the city paying for attorneys to represent the Flint City Council in a legal battle against Mayor Karen Weaver and her administration regarding the city's trash contract.
Weaver would not comment on her next move but said she is pleased with the Court of Appeals decision.

"Mayor Weaver is pleased to learn that the Court of Appeals has granted the appeal filed by the City in response to the judge's decision made previously regarding the waste contract," said a statement issued by Flint spokeswoman Kristin Moore. "The Mayor is still assessing the matter and has no further comment at this time."

The trash contract has been an ongoing issue since June when council members voted against an recommendation from Weaver's office to hire Rizzo Environmental Services to haul the city's trash saying it would save Flint $2 million over five years.

The council argued that Rizzo may be the lowest bidder but they questioned the company's integrity and said they lacked transparency when questioned about whether former Mayor Woodrow Stanley served as Rizzo's consultant and if the company did work in Canada.

Rizzo's bid came in at $17,418,644 which was $2 million less than Republic Waste Services' bid for a five-year contract with the city. Both Farah and council members say the bids can't be compared because of various differences including a blight plan offered by Republic, the city's current trash service provider, that was not in Rizzo's bid.

Under Farah's injunction, Weaver's office has been forced to continue using Republic Waste Services -- the city's current garbage removal service provider -- to haul the city's trash while the council and Weaver's administration worked out the ongoing trash contract dispute under his order.

In addition, Farah ruled that City Attorney Stacy Erwin Oakes had to hire attorney Barry Wolf to represent the city council. A decision that was also appealed and reversed.

"In the eyes of the Legal Department the Executive Branch, Legislative Branch and the Judicial Branch were engaged in this process," said Erwin Oakes. "Therefore, it was important to receive clarity on everyone's role as we move forward with serving the residents of the City of Flint."

There were a total of three appeals filed. The Flint Journal could not immediately reach Wolf nor council members for comment.

Wolf told the Flint Journal in an earlier unrelated interview that the council and Weaver's administration had met four times to hash out details regarding the trash issue.

"They're making progress," Wolf said after a Sept. 9 update hearing with Farah. "Both sides are open and honest in terms of how they look at the documents. Now they are going to move on to how the bids were evaluated. The hope is by the end of the process they have a waste contract."

Rizzo also filed an appeal which was denied but representatives for the trash hauler said they are happy with the court's decision to reverse Farah's injunction under the city's appeal.

"The Court of Appeals found everything that Judge Farah did to be wrong," said Joseph Munem. "There was no argument, there was no hearing. They read it and reversed it. What it sounds like is they did it because there was nothing that Judge Farah did here based on the law."






TheStruggle 2 hours ago
The Michigan Court of Appeals disagreed with the Orders of Genesee County Circuit Court Judge Joseph Farah! The bogus lawsuit filed by Councilmembers Scott Kincaid, Wantwaz Davis, Jackie Poplar, Victoria Van Buren, Kate Fields, Monica Galloway, Herbert Winfrey and Council President Kerry Nelson shouldn't have been heard, peroid! What a waste of taxpayer's dollars! No wonder Flint is still under the State of Michigan PA 436!
Post Sat Sep 10, 2016 5:53 am 
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untanglingwebs
El Supremo

Kincaid is now stating that a 5 year contract is too long. In May of 2011, Robert Johnson filed an Ombudsman complaint (#011033) regarding the City Council supporting a 5 year extension of the towing contract for Complete Towing owned by Jim Patton. Johnson alleged that some members of the Flint City Council accepted both campaign donations and gifts from the company, He objected to the extension, when the contract had a significant amount of time left on the original and the extension eliminated the bid process which he felt should occur under Flint's Charter and purchasing policy.

Testimony from a former Complete Towing employee suggested a less than "arms length" relationship with Patton. I read similar testimony in the lawsuit when Patton's daughter sued her father over a business relationship. There were allegations that Kincaid and Patton were friends and that he visited and even counseled Patton.
Post Tue Sep 20, 2016 1:38 pm 
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untanglingwebs
El Supremo

Michael Townsend, Finance Director, prepared a schedule that broke down the finances and expenditures for the years 2006 through 2010 and the year to date for may 2011. Townsend noted that the City paid out money for towing and storage of the vehicles. Here is the Net of the Revenue the city realized during the time the City operated their own lot and the time towing was conducted by Complete Towing. Bid packages had been sent out and were received on August 6, 2009. It was for a three year period to end on June 30, 2012. All policies had been observed by notifying the community and requesting bids.(The contract had slightly more than a year remaining.)

The City's fiscal year runs from July 1 to June 30.

2006- $ 430,264.90
2007- $ 966,978.41
2008- $ 1,026,516.32
2009- $ 510,110.02 ** Mayor Williamson resigned on or about Feb. 9th
2010- $ 243,078.65
2011 $ 60,151.79 * 45 days short of a year
Post Tue Sep 20, 2016 2:04 pm 
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untanglingwebs
El Supremo

The employee was interviewed on May 26, 2011. He described how he received orders to personally deliver Xmas baskets to Flint Council members. The witness said that Sheldon Neeley was very upset as he rejected the basket and stated he believed it was illegal. The witness stated the baskets were over $100.00 and all contained an alcoholic beverage except the basket for Jackie Poplar contained Champagne.

Nolden returned his basket as his girlfriend accepted it in his absence. Lawler also returned his and indicated his family had mistakenly accepted the basket. The witness only remembers seeing Dayne Walling at the Xmas parties held at Complete Towing.
Post Tue Sep 20, 2016 2:24 pm 
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untanglingwebs
El Supremo

On pages 9-10 of the report, the witness states that Scott Kincaid, Josh Freeman and Jackie poplar, were the three council members were the three main people that Patton wanted to take care of in return for their support. He denied having direct knowledge of this arrangement, but indicated it was common knowledge at work and that another key employee, the supervisor over the transportation department at Complete discussed "money being exchanged."
Post Tue Sep 20, 2016 2:35 pm 
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untanglingwebs
El Supremo

This investigation was poorly conducted and written. Other individuals were identified that should have been interviewed and they even given their contact information. Some council people stated they were given small baskets, but one councilman stated he was given $100 and a basket. Too much credence was given to hearsay type information. The conclusion was that Mayor walling and Jackie Poplar exceeded Campaign donations fro Jim Patton.

While the report emphasized that the City realized additional benefits from their own operation of the towing lot, the report conclusion never addressed whether the awarding of a contract without bids was an improper bid.

However it did raise the issue of whether Flint had a council that was up for sale.
Post Tue Sep 20, 2016 2:47 pm 
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untanglingwebs
El Supremo

http://www.mlive.com/news/flint/index.ssf/2016/09/councilman_files_injunction_to.html


http://www.mlive.com/news/flint/index.ssf/2016/09/arguing_over_flint_trash_counc.html#incart_river_index
Post Sat Sep 24, 2016 7:14 am 
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