Official Inquiry: New tender for waste collection and disposal.

November 3, 2024

To the Honorable Council Chairman, Attorney Eli Abutbul

Inquiry No. 1: New tender for waste collection and disposal.

In July 2024, the waste management contract with the contractor Mif’at expired. The terms of this contract were for three years with an option for two extension periods. The Council exercised both extension options. As part of preparations to publish a new tender in December, the Council engaged a consulting firm to assist in mapping the existing infrastructure, reviewing work methods, source separation processes, etc., and to formulate recommendations for drafting a new waste management tender in accordance with the community’s needs—including new neighborhoods to be populated in the coming years—and to define recommended collection and disposal processes.

The process of extending the contract with the existing contractor, contrary to the terms of the tender, and utilizing the permitted two-year extension, was carried out without the knowledge of the council members and without presenting a legal or other opinion supporting this move.

This situation has significant implications both for payments to the contractor and for the execution and oversight of the local authority’s tenders.

In light of this situation, I have submitted four inquiries to the council treasurer seeking clarification on matters related to the tender.

Except for one terse reply that did not address the question posed, I sent three follow-up requests, none of which were answered; a request sent to the council chair several days ago also went unanswered.

Given that a new tender was concluded a few days ago, I request answers to the following questions:

1. How is it possible that, despite the explicit agreement stipulating that the contract would end after two extension periods, the contractor continues his work?
2. What is the administrative mechanism and what is the forum in which it was decided that the contractor would continue his work? If there is any documentation to this effect, I request to receive it under the Freedom of Information Act applicable to council members.
3. Were any documents signed by authorized signatories of the Authority with the contractor to regulate the extension of his work period?

 

Sincerely

Dr. Limor Zar Gutman, Esq. Council Member, “Lema’an HaMoshava” Party

Attached is correspondence with the Council Treasurer

———- Forwarded message —-
From: Limor Zar Gutman <zergutmanl@gmail.com>

Good morning,

This is my fourth request to receive the following information regarding the waste management tender.

1. How is it possible that, despite the explicit agreement stipulating that the contract would end after two extension periods, the contractor continues to perform his work?

2. When is the current contractor’s work scheduled to end following the decision that he will continue his work?

3. What is the administrative mechanism and what is the forum in which it was decided that the contractor would continue his work? If there is any documentation of this, I request to receive it under the Freedom of Information Act applicable to council members.

4. Have any documents been signed by authorized signatories of the Authority with the contractor, regulating the extension of his work period?

 5. What are the rates for the contractor’s work?

Thank you,

Limor

The “Lema’an HaMoshava” Party

Hello,

I am still awaiting answers to the following questions regarding the waste management tender.

I would like to remind both of you that you are legally obligated to answer questions from a council member. I will not let this matter rest until we establish working procedures based on full transparency, under which you answer questions directly and provide the materials I have requested.

Here are the questions regarding the extended tender:

1. How is it possible that, despite the explicit agreement stipulating that the contract would end after two extension periods, the contractor continues to perform his work?

2. When is the current contractor’s work scheduled to end following the decision that he will continue his work?

3. What is the administrative mechanism and what is the forum in which it was decided that the contractor would continue his work? If there is any documentation of this, I request to receive it under the Freedom of Information Act applicable to council members.

 4. Have any documents been signed by the authority’s authorized signatories with the contractor, regulating the extension of his work period?

 5. What are the rates for the contractor’s work?

Sincerely, Limor, “Lema’an HaMoshava” Party

On Sunday, August 11, 2024, at 11:32 AM by Limor Zar Gutman <

Good morning,

The response I received from the treasurer only addressed the last question I asked.

I waited nearly a month for answers to the remaining questions, which never came.

I will continue to ask questions and will also contact the bodies overseeing the authority’s work, as it is unacceptable that there is no response to clear questions from a council member. This raises at least some suspicion on my part regarding the reasons for the failure to provide the information.

Here are the questions regarding the extended tender:

1. How is it possible that, despite the explicit agreement stipulating that the contract would end after two extension periods, the contractor continues his work?

2. When is the current contractor’s work scheduled to end following the decision that he will continue his work?

3. What is the administrative mechanism and what is the forum in which it was decided that the contractor would continue his work? If there is any documentation of this, I request to receive it under the Freedom of Information rights afforded to council members.

4. Have any documents been signed by authorized signatories of the Authority with the contractor, regulating the extension of his work period?

 5. What are the rates for the contractor’s work?

Thank you,

Limor

The “Lema’an HaMoshava” Party

 ===============

Ms. Zar Gutman,

 The preparation of the tender in all its aspects is being handled by the council departments, including the selection of consultants for the tender, which is not as you described.

 I would like to clarify that regarding the issue you raised, the Council is working in coordination with the Ministry of the Interior.

 

Avi Hosman Council Treasurer

Phone: 04-6297107

avih@zy1882.co.il Zichron Yaakov
Local Council, 11A HaNidiv St., Zichron Yaakov 3091112

 

From: Limor Zar Gutman <zergutmanl@gmail.com>
Sent: Tuesday, July 16, 2024 10:01 AM
To: Yossi Barzilai <yossib@zy1882.co.il>; Avi Hosman <avih@zy1882.co.il>; taliam@zy1882.co.il; avigail.eco.arc@gmail.com; ilanamrani1968@gmail.com; igal.hacker@bezeqint.net; Netanel Goldberg <netanel.gold@gmail.com>; dgr350@gmail.com; tsila.reshef@gmail.com; tzahibaruch@gmail.com
Subject: Waste Management Tender – Urgent

 

Yossi and Avi, Greetings,

The waste management contract with Mif’at was signed for the period from July 14, 2019, to July 14, 2022.
The Council was granted the option, at its discretion, to extend the contract for only two periods. Each contract period is 12 months. 

In practice, the two extensions permitted under the contract have been granted, meaning the contract period ended on July 14, 2024.

An investigation reveals that in light of this fact, the former head of the council, Mr. Zin Desha, initiated the process of preparing a new tender, and as a preliminary step, conducted a bidding process for consultants (consultants were selected) to prepare a draft tender consistent with the council’s policy on this important matter.

Based on our review with various parties within and outside the Authority, it was explicitly stated that no further extension beyond the two phases could be granted, nor was a mechanism for this defined in the terms of the contract.

In light of these unequivocal facts, I am urgently reaching out to you to find out:

1. How is it possible that, despite the explicit agreement stipulating that the contract would end after two extension periods, the contractor continues his work?
2. When is the contractor’s work supposed to end?
3. What is the administrative mechanism and what is the forum in which it was decided that the contractor would continue his work? If there is any documentation of this, I request to receive it under the Freedom of Information Act, which applies to council members.

Sincerely,

Dr. Limor Zar-Gutman, Esq.

Council Member

“Lema’an HaMoshava” Party

.