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untanglingwebs
El Supremo
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| How many residents will leave Flint over the water issue? What will the financial ramifications be for the individual taxpayers if the waste to be picked up is less than anticipated? |
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Sun Oct 02, 2016 2:54 pm |
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untanglingwebs
El Supremo
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Michigan Court of Appeals overturns ruling on Flint garbage contracts
Michigan Court of Appeals overturns ruling on Flint garbage contracts
By Randy Conat | Posted: Tue 12:40 PM, Oct 04, 2016
FLINT (WJRT) - (10/04/16) - The Michigan Court of Appeals has once again overturned a ruling on garbage contracts with the city of Flint.
Monday night, the court of appeals reversed a temporary restraining order issued by Genesee County Circuit Judge Joseph Farah.
This may clear the way for Rizzo Environmental to be the sole garbage service in the city.
This is the second time Farah's temporary restraining order has been reversed.
Farah's restraining order allowed Republic to continue to provide garbage service.
It appears the contract the city council approved for Republic is now null and void.
A spokesman for Republic maintains the contract still stands until Nov. 11.
Republic garbage trucks were collecting trash Tuesday. Rizzo trucks were also on the streets.
Rizzo Environmental says it now is the lone garbage service provider for Flint and that Farah overstepped his authority by issuing the temporary restraining order.
Flint City Council and Mayor Karen Weaver have been arguing over which of the two garbage service would be best for the city. The two sides met Monday with a state-appointed mediator to see if they can reach a compromise.
They are taking Tuesday off, but plan to meet again Wednesday.
The debate about garbage service has created a lot of hostility at city hall.
The city council tabled two measures Weaver submitted and complained she has not communicated with them. |
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Tue Oct 04, 2016 11:58 am |
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untanglingwebs
El Supremo
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ABC12 - Content - News
Michigan Court of Appeals overturns ruling on Flint garbage contracts
By Randy Conat | Posted: Tue 12:40 PM, Oct 04, 2016 | Updated: Tue 6:33 PM, Oct 04, 2016
FLINT (WJRT) - (10/04/16) - The Michigan Court of Appeals has dealt another setback to those who don't want Rizzo Environmental picking up Flint trash.
A company spokesman says Rizzo was not picking up trash Tuesday, but they are ready.
The court of appeals decision may mean Republic's contract with the city is now null and void.
"Now that the Michigan Court of Appeals have removed every legal impediment to us picking up the garbage and fulfilling our contractual obligation under the emergency service agreement, we're prepared to come in and pick up the trash as early as tomorrow. We're just waiting for the city to give us the word," said Joseph Munem, director of government affairs and public relations for Rizzo Environmental Services.
Flint Mayor Karen Weaver signed a short-term contract with Rizzo on Sept. 23 and immediately eight members of the Flint City Council took issue with that. They persuaded Genesee County Circuit Judge Joseph Farah to issue temporary restraining orders to block Rizzo from picking up the trash and keep Republic Services on the job until its contract runs out on Nov. 11.
The council wants Republic to be awarded a long term contract with the city, but Weaver prefers Rizzo.
Concerning the appeals court decision, Weaver says her hope is that the Flint City Council will now join her and move forward and work together to do what is right for the city.
"We are the lowest bidder by $2 million and the city of Flint's own purchasing ordinance demands the lower responsible bidder, which we certainly are, be awarded that contract. That is substantial savings that the taxpayers of Flint clearly deserve," Munem said.
Gary Hicks, of Republic Services, says they are still negotiating with the mayor and city council to provide long term garbage service. Those talks are set to continue Wednesday. |
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Tue Oct 04, 2016 5:44 pm |
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untanglingwebs
El Supremo
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Council may withdraw trash lawsuit, vow battles may loom ahead
Jiquanda Johnson | jjohns16@mlive.com By Jiquanda Johnson | jjohns16@mlive.com
Follow on Twitter
on October 05, 2016 at 9:45 PM, updated October 05, 2016 at 11:51 PM
FLINT, MI – The Flint city councilman leading a legal battle against Mayor Karen Weaver and her administration says he and fellow council members may withdraw their lawsuit over a controversial garbage contract.
However, that doesn't mean the fight between the council and Weaver's administration will end soon.
Councilman Scott Kincaid said Wednesday, Oct. 5, he is talking to his attorney about ending the court action.
"We're talking about withdrawing the lawsuit," Kincaid said. "The court can't order (the city to hire anyone) and we couldn't get a resolution. If the administration wants to do an emergency purchase every couple of weeks ... that's on them."
Kincaid, along with council members Wantwaz Davis, Jackie Poplar, Kate Fields, Monica Galloway, Council President Kerry Nelson and Council Vice President Vicki VanBuren, have been engulfed in a legal battle over the trash contract.
Eric Mays is the sole council member supporting Weaver's recommendation and is not in the lawsuit.
Mays said he is asking for the council to call a special meeting to discuss the trash issue in public.
"Councilman Kincaid and Councilman Nelson is not the council," said Mays. "Two council members have been meeting with the mayor for weeks and months and they got nowhere. The way you meet with the legislative body...is you call a special council meeting, it's open to the public, the media and everybody. You let everybody see these details, be open honest and transparent...I don't know what they...wasted all this time for."
On Sept. 26, the council voted 5 to 3 to table agenda items from Weaver's office saying they were teaching the Mayor a lesson about the trash contract controversy.
Since then, there has been a public outcry from the Concerned Pastors for Social Action, a group of Flint-area religious leaders, asking Kincaid to apologize to Weaver for comments he made during a city council meeting where they say he referred to the mayor as a "child." The pastors also asked for the city council to hold a meeting to revisit the items tabled during the meeting.
A group of local pastors are asking fora public apology from Flint City Councilman Scott Kincaid for saying Mayor Karen Weaver needs to be taught a lesson.
Despite possibly ending the lawsuit, Kincaid said he will continue to table items from Weaver's office as the council and administration battles out the trash issue.
"The mayor and the council couldn't come to an agreement," Kincaid said. "She has the authority to do an emergency purchase and we have the authority to deny her things in the future."
Kincaid said he wasn't not ready to comment on whether or not he would apologize to Weaver, but he did say he would continue to push tabling agenda items from her office in the future, including the city's budget.
"Where it's going to be really difficult for the administration is they can't do an emergency purchase order on grants, they can't do an emergency purchase order on ordinances, they can't do an emergency purchase order on hiring people (and) they can't do an emergency purchase order on the budget," Kincaid said.
Kincaid did say he would look at each agenda item and isn't looking to hold up the process with anything related to the Flint water crisis including replacing the city's infrastructure.
Mayor speaks out about trash dispute, says she's fighting for city
Mayor speaks out about trash dispute, says she's fighting for city
Flint Mayor Karen Weaver says the city's trash dispute and a recent move by the Flint City Council to stall city business is only hurting Flint.
The trash dispute started in June when the council voted down Weaver's recommendation to hire Rizzo Environmental Services. Both Weaver's administration and members from the council have been meeting in hopes of settling the dispute.
The city will have 90 days to work out details regarding an ongoing trash dispute.
Flint City Administrator Sylvester Jones said they had not reached an agreement but would not comment further.
Weaver's office maintains that the city switching to Rizzo Environmental Services would save $2 million for residents over a five-year period, but council members against hiring the company say they are questioning Rizzo's integrity and the company's connections to Canada and former Mayor Woodrow Stanley, who serves as the company's consultant.
The initial recommendation was for 5-year contract with Rizzo for $17,418,644, which was $2 million lower than Republic Services, the company that was contracted to haul Flint's trash. |
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Thu Oct 06, 2016 12:01 pm |
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untanglingwebs
El Supremo
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Flint City Council rejects Rizzo contract
BY MADELINE CIAK THURSDAY, OCTOBER 6TH 2016
Rizzo trash.jpg
Flint City Council was presented with a contract prepared by the administration that would allow Rizzo Environmental to reduce their 3-year bid to $10.5 million. (Photo Credit: Andrew Fergerson)
FLINT, Mich. — Flint City Council was presented with a contract prepared by the administration that would allow Rizzo Environmental to reduce their 3-year bid to $10.5 million.
They did not accept the contract.
The same opportunity was not extended to Republic Services.
In a press release issued Thursday, Flint City Council stated that “the fact that the Mayor retained an attorney from the firm that represents Rizzo is alarming and questions whether there is a conflict of interest.” |
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Thu Oct 06, 2016 6:50 pm |
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untanglingwebs
El Supremo
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No resolution on Flint garbage contract dispute
Negotiations over garbage contract break off
By Randy Conat | Posted: Thu 6:50 PM, Oct 06, 2016 | Updated: Thu 6:54 PM, Oct 06, 2016
FLINT (WJRT) - (10/06/16) - Flint's mayor and city council can not agree on which company should get the long term contract for picking up the city's trash. While city council members haven't officially dropped a lawsuit against the Weaver administration, it appears they won't pursue it any further.
Rizzo trucks will continue picking up trash, but Republic's future is unclear.
"Republic matched the low bid by Rizzo, and when you look at our purchasing ordinance, it gives them that opportunity. But the administration didn't want to do that. This isn't about saving $2 million because Republic would have saved $2 million," said Scott Kincaid, Flint city council member.
City Council President Kerry Nelson issued a statement saying Rizzo was allowed to re-bid its offer without extending the same opportunity to Republic. Nelson says the city's bidding process continues to be compromised. For this reason, the council will not accept the proposed Rizzo contract.
A state-appointed mediator met for five days with members of the Flint City Council, members of Mayor Karen Weaver's administration and representatives of the two garbage services, but talks have ended with no resolution reached.
Republic currently employs 17 former city workers. They could be out of a job if Rizzo is awarded the contract.
"Very frustrating. I've never seen an administration act like this. This administration acts like an emergency manager," Kincaid said.
We reached out to the Weaver administration for comment on the status of the garbage service, but we did not hear back.
Republic's contract expires Nov. 11 and it's unclear who will be picking up the trash. |
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Thu Oct 06, 2016 6:56 pm |
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untanglingwebs
El Supremo
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From WJRT:
"Republic matched the low bid by Rizzo, and when you look at our purchasing ordinance, it gives them that opportunity. But the administration didn't want to do that. This isn't about saving $2 million because Republic would have saved $2 million," said Scott Kincaid, Flint city council member.
City Council President Kerry Nelson issued a statement saying Rizzo was allowed to re-bid its offer without extending the same opportunity to Republic. Nelson says the city's bidding process continues to be compromised. For this reason, the council will not accept the proposed Rizzo contract.
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If Republic did not have the opportunity to rebid, then how did they match the Rizzo bid? Is Nelson coordinating the bids with Republic? Did Republic have knowledge of the Rizzo rebid in advance of their renegotiated offer? FBI needs to seize all of the records. |
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Fri Oct 07, 2016 4:21 am |
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BillPayer
F L I N T O I D
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Republic was simply allowed to "price match" while Weaver was attempting to allow rizzo to change its bid duration. The difference is there is a precedent for allowing bid matching (according to the council) however, allowing only one party to change the services and duration offered my submitting a new bid without letting the other party is unfair.
But yes, let's not just seize those documents, let's make them public.
To illustrate this here's the situation:
Say you are buying a 1 lbs block of cheese at Walmart. When they go to ring it up you can tell them that's this cheese is on sale for $1 cheaper at Kroger this week. Walmart will verify this price and then match it.
The flip side is say you goto check out at Walmart with that same 1 pound of cheese but instead of that cheese being on sale at kroger the 8oz block of cheese is on sale. So what do you (rizzo/Weaver) do? Well you request to cut the 1 pound block of cheese in half and repackage it. Then you're only buying 8oz of cheese so you should be 'eligable'. However, the act of opening, modifying, and repackaging the cheese certainly different fron price matching. These are two very different things.
If rizzo gets to repackage then it's certainly not fair republic doesn't get to. This is clear bid steering that isn't about saving citizens money. |
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Fri Oct 07, 2016 6:22 am |
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untanglingwebs
El Supremo
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| We (the public) were not given access to the negotiations with Joyce Parker. How did this action come about and did it come up then. Rebid the entire contract and omit these so called "intangibles" Too much "back room politics" and that includes Judge Farah's behind closed door sessions. |
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Fri Oct 07, 2016 7:52 am |
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BillPayer
F L I N T O I D
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quote:
untanglingwebs schreef:
We (the public) were not given access to the negotiations with Joyce Parker. How did this action come about and did it come up then. Rebid the entire contract and omit these so called "intangibles" Too much "back room politics" and that includes Judge Farah's behind closed door sessions.
Let's say that during the mediation Ms. Parker did suggest that rizzo resubmit a bid which was amended and changed (against our charter?) Does that have any effect on the fairness of this for republic? Or any affect on if it's bid steering or not? No. |
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Fri Oct 07, 2016 8:06 am |
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untanglingwebs
El Supremo
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True, but al least we would know the origin and the advice that was rendered in these discussions. After all Parker had experience in the process of municipal bidding during her tenure as Director of Flint's Department of Community and Economic Development as well as her recent experience as an Emergency manager in Ecorse.
And don't forget the appearance of contract steering by Kay Muhammad as she testified to the RTAB board. |
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Fri Oct 07, 2016 8:56 am |
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BillPayer
F L I N T O I D
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The one thing I believe everyone can agree is we need more transparency here. For me, it doesn't seem like anyone is trying to involve or inform the public. This may be standard government protocol, but the public is divided and the news isn't publishing much more than propaganda pieces.
Since talks broke up 'we the public' must demand the information is released. I hear Eric Mays may be in favor of this, so Weaver's side shouldn't object |
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Fri Oct 07, 2016 11:10 am |
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untanglingwebs
El Supremo
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FOR IMMEDIATE RELEASE
Wednesday, December 3, 2008
WWW.USDOJ.GOV
AT
(202) 514-2007
TDD (202) 514-1888
Justice Department Requires Divestitures in Republic’s Acquisition of Allied Waste
Settlement Preserves Competition in 15 Metropolitan Areas
WASHINGTON — The Department of Justice announced today that it has reached a settlement that will require Republic Services Inc. and Allied Waste Industries Inc. to divest commercial waste collection and disposal assets, serving 15 metropolitan areas, in order to proceed with Republic’s proposed $4.5 billion acquisition of Allied. The settlement requires Republic and Allied to divest 87 commercial waste collection routes, nine landfills and 10 transfer stations, together with ancillary assets and, in three cases, access to landfill disposal capacity. The Department said that the transaction, as originally proposed, would have resulted in higher prices for collection of municipal solid waste from commercial businesses or disposal of waste, or both, in these areas.
The Department’s Antitrust Division, along with seven Attorneys General –representing California, Kentucky, Michigan, North Carolina, Ohio, Pennsylvania, and Texas –filed a civil antitrust lawsuit today in U.S. District Court in Washington, D.C., to block the proposed transaction. At the same time, the Department and the seven Attorneys General filed a proposed settlement that, if approved by the court, will resolve the lawsuit and the competitive concerns.
"Without the divestitures required by the Department, consumers in 15 areas throughout the United States would have been harmed by a reduction in competition for commercial solid waste collection and disposal," said Deborah A. Garza, Acting Assistant Attorney General in charge of the Department’s Antitrust Division. "This remedy ensures that the benefits of competition –namely, lower prices and better service –will be preserved in these areas."
According to the complaint, the transaction, as originally proposed, would have substantially lessened competition in commercial waste collection and/or disposal services in the geographic areas of: Los Angeles; San Francisco; Denver; Atlanta; northwestern Indiana; Lexington, Ky.; Flint, Mich.; Cape Girardeau, Mo.; Charlotte, N.C.; Cleveland; Philadelphia; Greenville-Spartanburg, S.C.; and Fort Worth, Houston, and Lubbock, Texas. In each of these areas, Republic and Allied are two of only a few significant firms providing commercial waste hauling or municipal solid waste disposal services. The acquisition would have eliminated a major competitor in each of these areas and resulted in higher prices and poorer service for consumers.
Under the terms of the proposed settlement, Republic and Allied must divest waste collection and/or disposal assets to a Department of Justice approved buyer or buyers as follows:
Atlanta –collection routes and transfer station assets;
Cape Girardeau, Mo.–collection routes and transfer station assets;
Charlotte, N.C.–collection routes, transfer station assets, and landfill assets;
Cleveland– transfer station assets and landfill assets;
Denver–landfill assets;
Flint, Mich.–landfill assets;
Fort Worth, Texas–collection routes and landfill assets;
Greenville-Spartanburg, S.C.–collection routes, transfer station assets, and landfill assets;
Houston–collection routes, transfer station assets, landfill assets, and access to landfill disposal capacity;
Lexington, Ky.–collection routes;
Los Angeles–landfill assets;
Lubbock, Texas–collection routes;
Northwest Indiana–collection routes, transfer station assets, and access to landfill disposal capacity;
Philadelphia–transfer station assets and access to landfill disposal capacity; and
San Francisco–landfill assets.
Under the proposed settlement, Republic would have to notify the Department and the relevant state before acquiring any waste collection and/or disposal operations in these areas for the next 10 years, the duration of the settlement.
Republic is a Delaware corporation with its principal office in Fort Lauderdale, Fla. Republic is the nation’s third largest waste hauling and disposal company by revenue. It provides small container commercial waste collection and municipal solid waste disposal services throughout the United States. In 2007, Republic reported total revenues of approximately $3.2 billion.
Allied is a Delaware corporation with its principal office in Phoenix. Allied is the nation’s second largest waste hauling and disposal company by revenue. It also provides small container commercial waste collection and municipal solid waste disposal services throughout the United States. In 2007, Allied reported total revenues of approximately $6.1 billion.
As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Maribeth Petrizzi, Chief, Litigation II Section, Antitrust Division, U.S. Department of Justice, 1401 H Street N.W., Suite 3000, Washington, DC 20530. At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest. |
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Sun Oct 09, 2016 7:48 pm |
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untanglingwebs
El Supremo
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When entering into a contract with a vendor, government should do a background check . Has the company been charged with bribery or other ethical and/or criminal charges?
Woodson and others made a big deal out of Rizzo environmental merging. However you will notice in the Department of Justice press release, the Republic Services and Allied mergers had issues regarding competition and higher pries. Flint Michigan is one of the communities that would have been impacted.
"According to the complaint, the transaction, as originally proposed, would have substantially lessened competition in commercial waste collection and/or disposal services in the geographic areas of: Los Angeles; San Francisco; Denver; Atlanta; northwestern Indiana; Lexington, Ky.; Flint, Mich.; Cape Girardeau, Mo.; Charlotte, N.C.; Cleveland; Philadelphia; Greenville-Spartanburg, S.C.; and Fort Worth, Houston, and Lubbock, Texas. In each of these areas, Republic and Allied are two of only a few significant firms providing commercial waste hauling or municipal solid waste disposal services. The acquisition would have eliminated a major competitor in each of these areas and resulted in higher prices and poorer service for consumers. " |
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Sun Oct 09, 2016 7:57 pm |
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untanglingwebs
El Supremo
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No-Bid Republic Services Contract In Colton? –...
waydowninthehole.com/2015/03/20/no-bid-republic-serv...
Mar 20, 2015 ... In the mid-1990s Councilmembers took bribes in exchange for ... Republic Services's contract was originally obtained via bribery over two .
J.J. Gittes March 20, 2015 Athens Services, Burrtec, City, Colton, County, Covina, Fontana, Grand Terrace, Highland, Loma Linda, Los Angeles, Lynwood, Norcal Waste Systems Inc., Rancho Cucamonga, Recology, Redlands, Republic Services, San Bernardino, Taormina Enterprises, West Covina
No-Bid Republic Services Contract In Colton?
Ah, Colton. Brings back memories. In the mid-1990s Councilmembers took bribes in exchange for awarding the city’s trash contract to Taoromina Enterprises. There’s a great if tragic story here about a brave Pentecostal minister (Dr. Steve Anderson is on Twitter these days here) whose life was almost ruined by the city and Taoromina in an effort to keep him quiet about the bribes. Yet, despite the bribes, Taoromina kept the contract. Republic Services eventually purchased Taoromina and the contract along with it, and that’s where things have stood ever since.
Let’s make this simple:
Republic Services’s contract was originally obtained via bribery over two decades ago and has never been put out to bid in a fair and competitive process since. But hardly any of these companies have to deal with getting put out to bid – they just dangle some dollars in front of the city council and get yet another juicy (for them) extension of their contract. It’s the way business gets done. It’s hard to blame them.
But there are people who are easy to blame: irresponsible politicians who take their money and saddle their constituents with the ensuing rate raises and non-competitive contracts. Someone should go check the campaign contribution records of the city council members in Colton. I’m going to go way out on a limb and suggest that a few get some money from Republic Services or related entities and personages.
As Breena Jent‘s Colton City News article says:
Shortly after Taormina became the city’s solid waste services provider [in 1994], two former city council members, Abe Beltran and Don Sanders, admitted in both court papers and plea deals that they were paid bribes by Taormina, despite no bribery charges being leveled at Republic or Taormina. In 1996, Colton entered into a solid waste agreement with Republic Services, Inc. Since then, the agreement has been amended several times and Republic Services has been providing solid waste services to the City of Colton.
Indeed they did. The City Manager of Colton at the time, Nabar “Enrique” Martinez, “spearheaded” the privatization of their trash service but was never charged with anything: he went on to create more checkers in his past, winding up creating controversy in multiple cities (including Lynwood and Bell Gardens) before and after landing in Redlands.
At some point after Enrique left Colton they hired City Manager Darryll Parrish. Parrish was accused of squashing a whistleblower in Colton at one point, forcing that person to report wrongdoing to the D.A’s office on their own amidst messy internal politics. Parrish left Colton in 2009, leaving behind a budgetary mess that was uncovered after he left, and making some questionable expenditures on a management consultant that Colton has since refused to pay, never mind the email controversy in which Parrish talked about “chamber monkeys” in reference to the Chamber of Commerce. Parrish went on to become the City Manager of Covina who helped Athens Services secure an outrageous 20 year rolling evergreen contract in 2011. While the contract was in place, he supported and rolled over for Athens when they made unjustified requests to increase rates.
Parrish drove right back into San Bernardino a few years back to shill for Athens Services, telling the San Bernardino Board of Supervisors (who have had corruption problems of their own for years) that they should hire Athens to take care of all their landfills and allow Athens to fill up San Bernardino county with Los Angeles’s trash for pennies on the dollar. Which is exactly what is happening now. Before Athens, Burrtec had the San Bernardino county contract, and Burrtec took over after the previous company, Norcal Waste Systems Inc. was found to have bribed the hell out of county officials in one of the worst scandals in scandal ridden San Bernardino County history. Norcal is still around too – it simply evolved into a another name: Recology.
It’s not a clean business.
But I digress. Back to Colton, which always seems to have ongoing problems. As a councilman who has been there for decades says:
This contract was issued 20…years ago.
Since that time, (Republic) has been getting extensions on a contract that’s worth close to $4 million. That’s a lot of money. For us not to go out for a bid and find out if we can get the best price for the service for our customers… is ludicrous. This is not good business.
-Colton Councilman Frank Gonzales
Sandra Pedroza of Colton wrote an excellent letter to the editor explaining the way trash companies often sneakily up their rates over time after low bidding or outright bribing people to get the initial contract.
For residential users, base rates will go up 11 percent, from $22.82 to $25.36. Throw in the added services Republic is pitching — tree trimming, street sweeping and a roving clean-up crew — and the overall impact on residential users is nearly 23 percent.
For businesses and industrial users, base rates will go up 14 percent, and the so-called fully-loaded rates will increase 20 percent.
As she points, out, this would disproportionately raise Colton’s rates.
….our base rates alone will be among the highest in San Bernardino County. A community that can least afford it will pay more for basic trash service than Fontana, Grand Terrace, Highland, Loma Linda and Rancho Cucamonga.
…
The median household income in Rancho is $77,835, and only 6.5 percent of its population lives below the poverty line, according to the Census numbers. But if the Republic plan goes through, our base rates alone will be 16 percent higher than those in Rancho. Add in the other services, and we’ll be paying 22 percent more than a community with considerably more wealth. |
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Sun Oct 09, 2016 8:06 pm |
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