Jackson Mayor Chokwe Antar Lumumba said the city can not issue another RFP for garbage collection service because Richard's Disposal will sue the city. WLBT investigated his claim and reported such may not be the case:
For months, Mayor Chokwe Antar Lumumba has maintained provisions in the October 2021 request for proposals (RFP) prevent him from ending negotiations with Richard’s Disposal.
However, a quick review of that RFP brings the mayor’s claims into question, with one provision in particular saying the city can reject any proposal for almost any reason.
Days after the city council rejected awarding Richard’s a six-year trash-hauling contract, Lumumba still says he cannot legally bring forward another firm for consideration under terms of the RFP.
“What the law says is you have to abide by the RFP, what you put in the RFP,” he said. “And if you have not stated an issue with the terms of service, then Richard’s does not walk away. And we cannot go to the next vendor.”
The mayor was speaking at a Thursday press conference, six days after the city’s emergency contract with Richard’s expired, leaving tens of thousands of residents without trash service.
City Attorney Catoria Martin backed up the mayor’s claims, telling reporters, “there is no section of our RFP that says we can unilaterally, without reason, move on and amend the terms of that contract.”
“We can negotiate the elements of the work, and as long as a vendor is willing to negotiate the elements of the work, we can continue that negotiation.”
A provision found in Section 2.3 of the RFP, though, states different, saying the city has the right “during the selection process, to reject any or all proposals, modify or postpone the proposed project, evaluate any alternatives offered, or accept the proposal that, in the city’s sole judgment, is in its best interest.”...
Some council members say price isn’t the only thing that should be considered when looking out for Jackson’s best interests.
Council President Ashby Foote points out that the firm scored lower than its competitors in every category except price....
Three vendors - Richard’s, FCC and Waste Management - responded to the request.
Proposals were graded based on several categories, including price, vendor experience, performance plans and minority business participation. Price accounted for 35 percent of a vendor’s total score.
Ward 6 Councilman Aaron Banks said Richard’s overall cost wasn’t the issue, but rather the company’s performance in New Orleans.
Lumumba argues that presenting another proposal could lead to a lawsuit, saying that every concern council members have had with Richard’s has been addressed by the company...
“An RFP... is a unilateral contract. It’s a unilateral contract to all vendors who respond,” he said. “You have to maintain that contract or you are in breach.” (KF: Mayor Lumumba bragged about being a lawyer when he made that statement. One little tenet of contract law he seemed to forget is the offeror is the master of the offer.)
However, provisions seem to give the city some wiggle room even in terms of that statement. Section 2.3, for instance, says the city reserves the right to “amend the contents of this RFP by addendum as it deems necessary” and respondents to it have the “sole responsibility” of keeping up with those changes.
State law also gives municipalities broad authority. According to a summary of solid waste procurement procedures published by the Office of the State Auditor, entire RFPs can be tossed “if the governing authority or agency deems none of the proposals to be qualified or otherwise acceptable.”
“The RFP process is there for municipalities to choose because you have to have a choice,” Ward 5 Councilman Vernon Hartley said. “And so far, we’ve had one choice the last five or six times.” Rest of article.
What Richard's did is low-ball. If the Mayor was truly serious about considering only the cost of the proposal, he would choose the Richard's Disposal careless proposal as it is $1.2 million cheaper per year than the cart option. However, the proposals are selected based on score, not cost, and there are good reasons for doing so. Richard's has been run out of New Orleans and Baton Rouge reduced their service in the new contract.
The City Council repeatedly said it did not want to consider a proposal with garbage carts. All the Mayor has to do is offer a proposal without carts that has the best score, something he has repeatedly refused to do so. Now he pointed a gun at the heads of the citizens of Jackson, waited until the last moment to vote on a contract, and pulled the trigger.
However, it seems he might have been surprised he had to pull the trigger. Unfortunately, the citizens of Jackson are again suffering and that, my friends, is the bottom line.
Note: The RFP and Richard's Disposal proposal are posted below.
66 comments:
When Chowke lies, his nose doesn't grow, just his mid-section.
The guy can’t open his mouth without lying.
Follow the carts, you’ll find the kickbacks.
10:58 with the missile! I love how fat Chokwe's gotten. Warms my soul
"An RFP... is a unilateral contract. It’s a unilateral contract to all vendors who respond." Every first-year law student in a contracts class knows this is patently false.
I guess his time doing personal injury law didn't prepare him to run a large metro city. Shocker!
Has little Choke EVER been right about the law?
Mayor Lumumba has presented to the Council the lowest price contract from the company, Richard’s, that has been picking up our garbage fine for a year. They are already mobilized, are ready to work, and want to serve Jackson.
Why would the 4 obstructionist Council members shut down garbage service for the citizens of Jackson because they insist that their higher priced darling, Waste Management, get the contract? I am actively seeking out an opponent to run against my Council member, one of the obstructionists. Like a First Grader, he’s making us all suffer because he can’t get his way.
Uh huh.
Why don't you ask why he insists on carts?
Since you luuuuuuuv price so much, RD would be even cheaper without carts.
There is a reason you score and don't price. RD has had a lot of problems here and missed quite a few days in quite a few neighborhoods. There is a reason they are being cut out everywhere else.
This guy uses the bully pulpit more so than any other politician. What if the media quit showing up? He'd cry.
He obviously will not allowing any challenging questions or opposing views.
In the second addendum to the last RFP, https://storage.googleapis.com/proudcity/jacksonms/uploads/2021/10/Addendum-2-Solid-Waste-Collection-October-2021.pdf, one of the vendors asked the City to delete the requirement that the new vendor hire displaced WM workers (question # 21). Someone should do a public records request to find out who asked for that. It would be very interesting if it turned out to be a certain vendor who had a lot of New Orleans-based employees suddenly with nothing to do, especially if it's the same vendor who is now claiming to be concerned about jobs for Jacksonians.
The problem with incompetence is it’s inability to recognize itself.
I am actively seeking out an opponent to run against my Council member, one of the obstructionists.
Blah, blah, blah, blah.
My guess? If the contract is awarded to Richards that Waste Management will file suit and win.
“There is a reason they are being cut out everywhere else.”, that is very true. There's also a reason this mayor is so determined to use this vendor. At the moment proof of this reason is unseen, but time seems to have a way of revealing unseen truths. Give it time.
That does not even make sense. Just because some business wants a contract with the city the city does not have to give it to them. Only a fool would beliece this and only a fool would try to tell people it is the truth.
His default setting is lying. It's easier to just report if and when he tells the truth.
Literally every spec book for every bid project has that note in it. Every contractor knows about it. It's no hidden secret. It's a common occurrence for it to be used and re-bid a project for whatever reason. Just another example of the amateur childishness in COJ.
Are his lips moving?
Um 11:47. You do know the way the mayor went about awarding the richards contract was totally illegal..itbwas voted down 4 times and 2 times at one meeting and that means it's tables for a year...thats why he lost in the Mississippi Supreme court....but o. That note the board also know this was ending March 31st and didn't offer anything either ..
Comments on this post should be limited to lawyers who actually represent cities with a mayor/council form of government. The rest of you are just guessing.
Let every council person have a separate garbage contract for their district. The trash will be picked up and all politicians and pastors involved can get a cut!
Problem Solved!
One more thing, what we gonna do for the Mayor?
I don’t understand why the Mayor didn’t restart the RFP process during the emergency contract period. If WM and FCC are no longer interested (as per some reports) or if they are only willing to perform with much higher rates (as per other reports), wouldn’t Richard’s be the front runner to have the lowest and best bid, especially after somewhat competent service during the emergency period? It would be difficult for the Council to justify their rejection at that point.
Isn’t it time to start talking about moving the capitol? Then, those set on running the city into the ground with their incompetence can have at it.
Shockway wants his cut. He has that new Porsche with big monthly payments
Do you hear that YA'LL
Bill wants all those non-lawyers to shut the f up. So hush now
As usual “ all roads lead back to Me. Wonderful “
The folks behind the Richards are Louisiana Stone cold gangsters. Whatever Lumumba did to “owe” these folks he can’t get out. And unfortunately, the entire city has to suffer. I kind of feel bad for the guy on one hand, but on the other the council better not fold.
Laughed out loud at "unilateral contract." Contract law 101 every contract requires an offer and acceptance. Contracts are inherently not "unilateral."
“Comments on this post should be limited to lawyers”, what a magnificent statement, filled with astonishing wisdom. Just one thing, since most post are anonymous, how will we know they are following your admonition?
Someone remind the mayor, it sure is easy to get lost in a Louisiana bayou.
The irony of dumping your trash at Metrocenter Mall…
As long as these Jackson lawyers work pro bono, there is no financial reason to settle this case. It doesn’t financially affect the city, just the health and sanitary conditions of the people who live and work in the city. Once again, the only businesses affected
positively by these actions are the companies which make and sell “For sale by owner” signs in Jackson.
Shout-out to KF for being that cringeworthy objectively critical columnist feeding the gallows of knowledge. Critical(not) of the council much
Can we discuss the amount of money the City has pissed away at the hands of this mayor? RFPs are not written for free? Time and effort made by the companies working on the bid, not to mention the sessions that the board gets paid for.. I for one would support a coup at this point! Anything to get this man out of office so that some progress can be made. He is a Man Child and has zero business running his mouth, much less a City at this point.
Trust me, I’m a lawyer, I wouldn’t lie.
"Is He Lying?" Are his lips moving?
Of course he’s lying. There’s no such thing as a unilateral contract. I couldn’t believe he even said that. But, it’s what he does. He lies about everything. The only shocker is that anybody believes a word out of his mouth. Still, will the councilmen capitulate to him? Lumumba is single-handledly holding the city hostage. He is the sole cause of the distress, anxiety, fear, and depression that residents are experiencing due to a complete breakdown in basic services. The job of a mayor is to ensure that the services the people pay for are delivered. That’s pretty much it and most mayors know it. He has turned it into a vanity operation for the service of him and his family.
Brian Grizzell and Angelique Lee are in Lumumba’s pocket. They will never vote against the Mayor.
They are going to sue the city regardless.
Chowke's base doesn't even know what unilateral means, as they likely hadn't heard it before, but it sounds all lawyerly. Right?
If I didn't know any better if think Lumumba was gunning for head pastor at another church.
April 7, 2023 at 1:19 PM
I think fcc and wm aren't interested without a formal agreement. At least that's how I interpret it.
"Comments on this post should be limited to lawyers who actually represent .... "
Who is this Bill Dees character ?
And why does he want to limit public comments about a topic that HE disagrees with ?
It's not like KF doesn't moderate his own site.
If things other than price were important in vendor section, then where weren't those things a part of the scoring?
If the council says performance in other cities is important, why wasn't that included in the scoring?
Given the rfp that was released, Richards won fair and square. Now, after the fact, council wants to look at other factors. Doing that will surely cause Richards to sue, as it appears that council is trying to steer the decision away from Richards by using factors that were not a part of the RFP.
It’s ironic that he’s pretending to be worried about getting sued now that he’s kind of at the end of the rope. He hasn’t been concerned about getting sued for all the other rules he’s broken. Wake up people, your adolescent mayor is a fool.
Good news, Bill Dees! I am a lawyer with 30+ years of experience representing cities with a mayor/council form of government. I want to present 3 points to you and the commentators here on KF's blog:
Point #1: The mayor doesn't know contract law and is receiving inaccurate advice from his legal counsel. Also, he is an ineffective manager of city services. And, didn't he make several hires of folks who previously worked for Detroit? I would never try to poach administrative folks from Detroit. More than anything else, that horrible decision set the city of Jackson on its present course.
Point #2: Bill Dees has a very large anti-1st amendment stripe. Bill's advocacy to shut down discussion of public issues in the public square is crystal clear evidence of his antipathy to the 1st amendment.
Point #3: I am not really a lawyer. But, if you need more instruction as to why the 1st amendment is very, very important, I will be glad to explain it to you.
I'm pretty sure a Request for Proposal (RFP) is an invitation for vendors to make an offer. It isn't a contract until accepted by the city.
I've been an attorney for 20+ years. But damn, someone in Lumumba's circle could have just Googled it and reached the same conclusion. It's like the truth means nothing to these people.
@5:17pm
Factors including quality of firm's reputation were included in scoring. WM scored overall better than RDI for twice a week with no cart.
The mayor should have sent out RFPs months ago but preferred to rule by sudden dicta at last minute.
Read up on events before you weigh in.
If we didn’t have lawyers, we wouldn’t need lawyers…
I would guess that Drake, I mean Hissoner The High Mayor, has already spent the kickbacks and RD paid way to early before contract was settled, so Chokaway can’t give the money back??
Tell that to Kitchens and the two black justices that ruled against the Mayor.
Fascinating that wlbt's main anchors kiss the ring of the mayor while their investigative reporters fact check him the very claims the anchors obediently lap up.
Many have long suspected a hidden financial inducement to cause Lil Choke to be so in bed with Richard's Disposal, a New Orleans outfit with a poor reputation. Could be Richard's simply promised a large campaign contribution to his reelection account if they were awarded a lucrative garbage contract. Don't think that rises to a felony if the money is triangulated.
C'mon you sleuths, find evidence of a real felony by him and/or his sister so we are rid of him.
We’ll take back Tony, the Bible and the hoes
Maybe the Mayor and the Council should go out and collect the garbage. Would makes for a good photo op. Create some "Good Will" among the people
There is such a thing as a unilateral contract, but it is not what the mayor thinks it is. A unilateral contract is formed when an offer is made to pay the other party only after performance, but the other party is not bound to perform and payment is due only if a performance is rendered. The bid process clearly doesn’t involve a unilateral contract.
Does Choke still have the 4 bodyguards?
Maybe the Cap Police can serve in this capacity.
Pay attention to the Richard’s proposal and the IT portion of the contract. Who owns the IT company that Richards would sub out? Follow the bread crumbs….
@1:27 Is right. Jackson voted for this path and will again. Quit wasting State tax dollars. Move the Capitol! Relocate State employees, meet via Zoom. Let Jackson be what its citizens want.
Just because you file a lawsuit doesn’t mean you will win. Richards Disposal was paid by the City after they did work that they was told not to do. It is obvious that this is heading to the Federal charge of racketeering.
If there’s an idiot in power it means that those who elected him are well represented = GANGHI
Question:
Was conducting an RFP bidding process approved by the City Council?
If so, did the City Council get to see it before the lowest bidder was announced?
And, if the bid proposal was then accepted, it seems it seems logical that the bid is a contract once Richards did work,it was accepted.
I get proposals for work I've specified and if I accept one and allow work to start, seems to me that a legal commitment exists.
Now, why all you children looking for excuses for your screw ups on both side fuss, the grownups will not have garbage service.
Just waiting for arguing over placement of commas and periods to start with all common sense abandoned!
Stokes asked the FBI and the US Attorney's Office to look into this months ago, after the mayor accused some numbers of the City Council (including Stokes himself) of accepting bribes to steer the contract. You reckon there's been any movement there? Anyone heard anything?
Can someone translate the comment @9:14 AM?
10:00 a.m. - last year someone I trust told me that he/she was told by a contractor (not garbage but more building stuff) that Lumumba had solicited a bid for something (I was told what it was but not the exact place) and told the contractor to put in an item that would be a payment for Lumumba. The contractor refused and Lumumba said "that's just between you, me and Jesus." The contractor was refusing to go on the record about it for whatever reason (although I imagine he/she did not want Jackson to become more unpleasant for them than it already is). I contacted someone I knew at the US Attorney's office just to relay this third hand information. I was shocked when someone from the FBI called me to get my story. That's all I know.
Thanks 11:15, that's encouraging to hear. I hope to God the Feds are on to Lumumba's sorry ass.
9:14 - Keep up with the events, dude.
Of course the city council knew about and approved the RFP process.
Lowest bid is only one factor in the RFP and it is not the determining factor. The RFP uses a scoring system in which price accounts for 30% of the RFP score. The RFP scores did not rate Richards as having the best score for all of the options to be bid. The mayor only negotiated with Richards who had lost in terms of the RFP score. Richards bid has never been accepted by the city council. The city council is the only entity that can approve a contract.
On his on volition, the mayor signed a contract with Richards, which was not approved by the city council, to provide emergency services. Approximately four months later, the city council passed a motion to pay Richards for work they had already performed and for the remainder of the one year emergency the mayor had created and declared. The city council explicitly stated that there was no valid contract with Richards, but due to the mayor's manufactured crisis, incompetence, and mismanagement, it wouldn't be right to penalize Richards.
Richards has never had a valid contract with the city of Jackson.
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