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Topic: The never ending Rizzo Trash deal
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untanglingwebs
El Supremo

Republic had a 3 year contract with the option for 2-1 year extensions. Would there ever been a bid process had Weave not intervened? The DPW Director told the RTAB Board she was surprised to be told it was going to bid and she fully expected an extension.
Post Sun Oct 09, 2016 8:22 pm 
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untanglingwebs
El Supremo

16-541 Waste Collection Services 5/12/2016 Rizzo – Under Review, Waste Management – Under Review, Emterra – Under Review, Republic Services – Under Review




This is the first time I saw Waste Management on the list. They tried to buy Republic at one time.
Post Mon Oct 10, 2016 5:54 am 
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BillPayer
F L I N T O I D

Why did rizzo have to amend thier bid to include a 3yr bid? The RFP clear states they wanted both a 3yr and 5 yr bid. They even attached forms for both. What other things did any these companies leave out?

Aren't these bid results suppose to be public as per city charter? How do we get them? Does it have to be freedom of information act or is there another way?
Post Mon Oct 10, 2016 6:49 am 
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untanglingwebs
El Supremo

It would appear that Republic has no standing in court. Bidding laws were said to be enacted for the benefit of the public and not the bidders.


[PDF]An Update on the "Disappointed Bidder" Doctrine - Clark Hill PLC
www.clarkhill.com/.../construction-law-update-2014-05-29-05-46-51-...
Clark Hill PLC
Historically, Michigan courts have held that a disappointed bidder does not have ... (1896) (holding that a bidder whose bid was rejected does not have a right of ... stating that award of the contract should be to the lowest bidder was passed for ... a disappointed bidder, a 2010 Supreme Court of Michigan case may provide ...

[PDF]state of michigan court of appeals - State Bar of Michigan
www.michbar.org/file/opinions/appeals/2005/.../29430.pdf
State Bar of Michigan
Nov 15, 2005 - Plaintiff contracting company appeals as of right the trial court's order ... standing to legally challenge the contract award.” ... A seminal case in this area is Talbot Paving Co v Detroit, 109 Mich 657; 67 NW 979 ... another frustrated bidder, the Supreme Court cited Talbot in declaring, ... 87 NW 376 (1901).

[PDF]Opinion - Michigan Courts
courts.mi.gov/courts/michigansupremecourt/clerks/.../11-12.../142339-Opinion.pdf
Jul 27, 2012 - The issue here is whether plaintiff, the disappointed lowest bidder on a ... Michigan Supreme Court ... contract has no standing to sue in order to challenge the award of a ... In the instant case, not only should the common-law rule and MCL ... school district has the “right to reject any or all bids” and further ...,
Post Mon Oct 10, 2016 7:02 am 
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untanglingwebs
El Supremo

quote:
BillPayer schreef:
Why did rizzo have to amend their bid to include a 3yr bid? The RFP clear states they wanted both a 3yr and 5 yr bid. They even attached forms for both. What other things did any these companies leave out?

Aren't these bid results suppose to be public as per city charter? How do we get them? Does it have to be freedom of information act or is there another way?


The purchasing link on the City of Flint website doesn't show any details. But the link does say the department follows state and federal regulations. These state site mention a debriefing for bidders. However, I have known contractors who had to FOIA the bids.

Documents purporting to be the actual bids are floating around on Facebook.

However the Flint Emergency purchasing with it's request for "freebees" is rather similar to Muhammad's request for "intangibles". Is it even legal to ask companies to bribe you with free or in-kind donations? Sounds "iffy" to me.
Post Mon Oct 10, 2016 7:10 am 
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BillPayer
F L I N T O I D

I don't know anything about the actual emergency purchase that took place other then the courts ruled Weaver could make the purchase. That info be interesting to see.

On a semi related note do you know how to get access to the council meeting minutes? I see they stopped putting the minutes up online (reliably) in favor of just the agendas. Also, do you happen to know why they stopped doing the YouTube videos of the council on the official city of Flint YouTube channel about a year ago?
Post Mon Oct 10, 2016 7:39 am 
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untanglingwebs
El Supremo

Try Channel 17 Comcast on Sundays. I believe it is at noon. Paul herring tapes the shows. he sells them at a reasonable price if you know the date.

Sorry in my edit I lost the link to the state procurement center and it contained the state emergency purchase form and the request for freebies.

I have not found the actual Appeals Court decision on line yet.

If you have a good relationship wit a council member they can help you get what you need.
Post Mon Oct 10, 2016 9:54 am 
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untanglingwebs
El Supremo

www.michigan.gov/micontractconnect
The State of Michigan's website for procurement, providing vendors information on contracting opportunities, how to register and bid.
Bid Opportunities · Vendor Gateway · Programs and Policies · Contact Us · Contract Connect ·
Post Mon Oct 10, 2016 10:00 am 
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untanglingwebs
El Supremo

Flint Emergency Purchasing
Vendors who are interested in selling goods or services to the state to aid Flint may use the following form to notify state representatives of their solutions. All submissions will be reviewed but not all vendors will be contacted.

Vendors should also register their business on the state's bid posting website www.Buy4Michigan.com to find current contracting opportunities with the state. Additional information on the state's contracting process, including training material, policies, and more can be found on www.michigan.gov/micontractconnect.

Supplier's Submission Form
* indicates a required field
Company *

Location
Phone (main number)*

Web site

Contact name *

Title

Direct Phone *

Contact email address *

Re-entered email address *

Name of commodities, services, or technology that you wish to supply to assist with the Flint water emergency *

Description *

URL for product/service info

Are you offering any free or in-kind services? (if applicable)

Comments/questions


* Spam Block: (What's this?) Add "eight" plus "ten" and type the numeric (integer) answer here:
Submit
Michigan.gov Home Contact Contract Connect Contract Connect Home
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Post Mon Oct 10, 2016 10:02 am 
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BillPayer
F L I N T O I D

You bring up a good point about being able to get information from a council member if you have connection with them. But the systems have already been put in place for uploading the meeting minutes and even putting the videos on YouTube. I would be nice if those were utilized so we all may benefit.

I will bring this up with Kate Fields to see what she has to say. But my issue is like many younger people I'm a cord cutter.. meaning I don't have cable so I can't view the local access channel. I'm sure many low or fixed income people find themselves in a similar situation. Feel free to talk to your contactsas well if you would like.
Post Mon Oct 10, 2016 11:39 am 
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untanglingwebs
El Supremo

Is the contract still in effect for the You-tube videotaping. Or have they returned to paying Paul Herring? The City Clerk Inez Brown is your best resource for that and other things you want to know.

Read the comment to this story..

City of Flint appealing termination of $1.1-million energy grant and ...
www.mlive.com/news/flint/index.../city_of_flint_appealing_termin.htm...
Michigan Live
Nov 14, 2011 - FLINT, Michigan — The city is appealing the U.S. Department of Energy's decision to terminate the city's $1.1 million energy efficiency grant after the DOE ... Nearly $164,000 of the costs by Advanced Solutions Group and ...
Post Mon Oct 10, 2016 12:10 pm 
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BillPayer
F L I N T O I D

You have seen this already though, right?

---

http://publicdocs.courts.mi.gov/COA/PUBLIC/ORDERS/2016/334985(11)_order.PDF

The Court orders that the motion for immediate consideration is GRANTED.
Pursuant to MCR 7.205(E)(2), the Court orders that the Genesee Circuit Court's September
26, 2016 order granting a temporary restraining order is REVERSED. Plaintiffs did not meet their burden
of showing a need for temporary injunctive relief because they could not show that they are likely to
prevail on the merits of their action. MCR 3.310(B)(l)(a); Pharmaceutical Research & Mfgs v Dept of
Community Health, 254 Mich App 397, 402-403; 657 NW2d 162 (2002). Flint's city council's powers
remain subject to the emergency manager orders still in effect, including the amended EM Order 20,
paragraph 4(a)(7), which states that the council's resolutions must be approved by the Receivership
Transition Advisory Board [RTAB] before they take effect. There is no dispute that plaintiff council's
resolution 160323, which adopted Republic's bid and overrode the mayor's veto, was not approved by the
RTAB. Since the RTAB did not approve council's resolution 160323, the council's resolution never took
effect, and plaintiffs cannot show a likelihood of succeeding on the merits. This order is to have
immediate effect. MCR 7.215(F)(2).

---

In other words, the restraining order was reversed because the council didn't get the RTAB to sign off on republics bid.

.. Haven't looked into the EM stuff. But the charter/ordinances say the council must sign off on the agreement. Which they did, however the rtab didn't sign off so the resolution wasn't effective. This leaves us where the mayor needs the council. And the council needs the rtab. Doesn't seem like anyone can do it without the other or else they would have.


Last edited by BillPayer on Mon Oct 10, 2016 4:31 pm; edited 1 time in total
Post Mon Oct 10, 2016 4:11 pm 
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untanglingwebs
El Supremo

I looked before the weekend but did not find it

RTAB wimped out
Post Mon Oct 10, 2016 4:28 pm 
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BillPayer
F L I N T O I D

True. It does sound like without any EM/RATB crap republic would have a valid trash contact by now though.
Post Mon Oct 10, 2016 5:14 pm 
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BillPayer
F L I N T O I D

It turns out the rtab includes the Flint city council meeting minutes as attachments to their meeting packs:

http://www.michigan.gov/treasury/0,4679,7-121-1751_51556-298275--,00.html

Of other interest here would be the rtab minutes where they talked about trash. Also, the meeting pack for the upcoming meeting on the 14th. From my initial review it appears they are once again ignoring the issue.

According to previous RTAB minutes, for something like a veto could go infront of the board even if the Mayor wont sign it. It would however require Ms. Oaks (chief legal officer) to sign it.
Post Mon Oct 10, 2016 7:23 pm 
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