Update below: Richard's Disposal requests injunction
The battle for Jackson's garbage contract is shaping up to be a steel cage loser-leave-town battle royale in Hinds County Chancery Court. Richard's Disposal filed a motion to intervene yesterday in Lumumba v. Jackson City Council. It is the third such motion filed in this case.
Jackson's garbage contract with Waste Management expired last year.
The company provided garbage collection to Jackson for 30 years. Mayor
Lumumba recommended Houston-based FCC for once-a-week service while providing a
mandatory
96-gallon garbage cart to customers. The City Council twice rejected
the contract in August. The Mayor and City Council went to court but settled as
Waste Management agreed to
provide garbage service for another six months.
The Lumumba administration re-issued an RFP for the garbage contract in October 2021. Waste Management said it scored first for the proposal for twice a week without providing a garbage cart to customers. However, Richard's Disposal of New Orleans offered to provide the garbage service twice a week but with 96-gallon garbage carts at a lower price. The Mayor recommended the City Council award the contract to the Crescent City company. The City Council twice rejected the contract after a great deal of contentious debate.
Mayor Lumumba declared a state of emergency and issued a one-year contract to Richard's Disposal that would begin on April. Spurned, Waste Management sued for an injunction against Jackson and Mayor Lumumba on February 25 in Hinds County Circuit Court. Waste Management said the Mayor refused to recommend another company after the City Council rejected Richard's Diposal. The company asked the Court to enforce the RFP and cancel the Mayor's declaration of an emergency. The complaint argued no emergency exists because the Mayor "slow-walked the process and refused to negotiate" with other vendors. Waste Management beseeched the Court to allow the City Council to act for the city and reach an agreement with the company because of "the Mayor's failure to act." City Attorney Tori Martin called the petition an "empty lawsuit."
The City Council Solons rejected the Mayor's emergency decree that gave a contract to Richard's Disposal and instead awarded it to Waste Management. Thus, there are two "competing" emergency awards. Mayor Lumumba sued the Jackson City Council in Hinds County Chancery Court to break the logjam. Mayor Lumumba argues the City Council can not award contracts unilaterally but can only approve or reject the Mayor's choice of a vendor. Enter Waste Management.
Waste Management claimed it has an interest in the case since the emergency order deprives the company of providing garbage service to Jackson. The company accuses the Mayor of falsely declaring an emergency to avoid the RFP process, thus justifying the City Council's award of the contract to Waste Management.
Waste Management's minority partner, Waste Disposal Services filed a motion to intervene as well.
Richard's Disposal said it negotiated in good faith with the city and agreed to provide garbage collection services for a year under the emergency declaration, thus it has an interest in the outcome of the lawsuit. Attorney John Walker represents Richard's Disposal.
A hearing will be held on the motions to intervene at 2 PM tomorrow. Special Chancellor Jess Dickinson will preside.
Update: Buried 35 pages in the exhibits attached to the Motion to Intervene is none other than a complaint for declaratory, injunctive, and equitable relief.
The complaint asks the Court to validate Mayor Lumumba's declaration of an emergency through March 8 and declare he had the authority to award the emergency contract to Richard's Disposal. The company argues the City Council only had the authority to "ratify the need for an emergency, not the agreement." The City Council has not power to execute a contract for garbage collection services. The complain claims the City Council can't reject a contract without good cause. The city is required to enter into a contract with Richard's Disposal.
Richard's Disposal said it will lose money because it relied on the Mayor's execution of the emergency contract with the company. The Court should award damages to Richard's Disposal if it does not get the contract.
Meanwhile in New Orleans, Mayor Latoya Cantrell is going to rebid the garbage contracts.
Documents posted below
P.1: Richard's Disposal Motion to Intervene
P. 4: Alvin Richard Affidavit
P. 14: January 21, 2022 RD letter to City Council
P. 18: Emergency Contract w/RD
P. 33: Mayor's February 24, 2022 notice to proceed to RD
P. 34: Pretty picture of RD trucks
P. 35: RD complaint for declaratory & injunctive relief.
P. 48: Roy Campbell, Esq. Memo to City Council
P. 87: Memorandum in support of RD motion to intervene
P. 129: Waste Management motion to intervene
P. 136: City Council's response to Mayor's lawsuit
P. 141: Mayor's lawsuit against City Council
15 comments:
2:00 Monday. Is there a livestream? Pay-per-view? Somebody make this happen.
City hasn't filed any responses opposing interventions so probably won't be much of a hearing. Was a little surprised it had not done so until Richard's filed.
Is Waste Disposal Services Inc. a real, tangible company? It appears they are a shell company used as a pass through to exploit the minority participation requirements set forth by the City of Jackson. Do they have any equipment, employees, etc.?
Nice and genius. File suit to make it look as if you are legit NOT greasing the Mayor. We ALL know different there Rich.
Total shell company. Can't find them anywhere on the internet.
Same old "gimme" game, giving contracts to black companies, formed solely to enrich bogus participants, with taxpayers footing the bill.
The City isn’t a party Kingfish. This is going to be a circus sideshow between the Mayor and the Council.
Get all the interested parties together in front of the same judge and hash it all out. That's the only way to sort this out, in my opinion.
Then sitting Justice Dickinson previously agreed that a company losing a bid should not be allowed to intervene (United Water opinion). Here, however, “the City” is not a party - in fact separate branches are at war with one another. What Judge Dickinson does with this poorly framed mess is anyone’s guess. Lawyers out there, what do you think?
Reading opinion now and thank you very much for that one. One difference. That case dealt with the appeal/ motion to intervene based on the decision made in a RFP process. This case involves an emergency declaration and award of a contract.
My guess is that Waste Disposal Services is a staffing company that employs the laborers that are leased to Waste Management to ride on the trucks and collect the trash. But, I could be dead wrong.
The fact that WM has a local affiliate operator is not necessarily a problem since their service is courteous and reliable, at least in Jackson, which qualities justify that association.
Contrariwise, the slimy shenanigans of Soc G. are boldly layered graft and Richard's Disposal may be similar.
Is there a connection between Waste Disposal Services Inc. and/or Gibbs-Travis PLLC and any member of the City Council?
The Mississippi Secretary of State lists Waste Disposal Services as a Mississippi LLC in good standing since 2015.
Shouldn't these trolls be at work pushing Russian propaganda about Ukraine?
@11:11
In his petty, brat style, boy mayor alleged bribery by WM of two council members: his 'evidence' was that Stokes came to too many council meetings and voted against the mayor's preferred contract.
I can't wait for the Judge's ruling... only to be Appealed a while longer.. Boy Mayor might not have any knees left after this ruling. What happened to honest dealings-
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