Nashville Airport Did Not Consider Previous History As Criteria For $13.6 Million Dollar Janitorial Contract

The Questions Continue:

Commissioner Dexter Samuels asked about the scoring system that was used by the airport staff to review companies' work performances with the airport. Mr. Crook stated that scoring system was 1-6 but will change to 1-5 later. When asked what was the score for SMS, Mr. Crook stated, "no specific numeric figure could be given" but the staff recommendation was to work with SMS because they had "done well." Huh? You follow that. I didn't. By now, I was sitting on the edge of my seat and the slow firing of pointed questions to Mr. Crook was just getting started.

When Commissioner Samuels asked Mr. Crook about the evaluation criteria, it was about as useless  as the scoring system that was not used. There was no evaluation criteria specific to SMS. SMS responded to the RFP, along with 12 others firms in December 2014. Also, the contractor did not have to be located in state of Tennessee. SMS has been with MNAA since 2004 with two prior contracts and this contract, if approved, would be their third contract as the prime contractor providing cleaning and custodial services to Metropolitan Nashville Airport Authority (MNAA). Mr. Crook stated that for three years, the contract was managed by David Howard, assistant manager of Maintenance Services, who expressed support to continuing to work with SMS. MNAA's SVP of Operations, Maintenance and Public Safety, Doug Kreluelan, gave some input about the contract being three years with extensions in prior years but "it takes a minute to get folks out of the airport if you decide to kick them out." Interesting commentary. But according to several subs, that is not how it worked for them but I will save that for a later post.

Samuels appeared perplexed by MNAA's staff being supportive of this prime contractor receiving the contract over firms like "DTZ, DFS, SMC," in light of  potential infractions by SMS. Samuels asked if the relationship between the prime and the subcontractor was factored into the staff's reviews when the staff discussed the awarding of the contract to SMS. "No, that was not a factor," Mr. Crook shared.

After Mr. Crook's response, Commissioner Samuels inquired about the management fee that a subcontractor was charged by SMS. Samuels asked, "How could the prime meet the fiduciary responsibility required to spend with the subcontractor according to the RFP, if the prime charged the subcontractor $195,000 in management fees?" What management fee? At this point, I dropped my pen because the room's atmosphere rapidly changed. I actually looked up to see if an oxygen mask was going to drop from the ceiling. Keep reading.

Mr. Crook who was leaning in his seat at the start of the meeting was no sitting up as further questions about the management fees charged to the subcontractor were asked from Samuels. The board chair, Commissioner Julie Mosley, piped in and said sheepishly, "That was an unfortunate situation but that is in the past." Past? Hmm. Samuels starts to speak as if he was thinking aloud while flipping through a thick binder in front of him. He then began reading about policies and procedures and the board's responsibility to make sure the bidding process is fair and "in compliance with applicable state and federal laws and regulations." He seemed as if he was making sure the board knew the procurement rules even if the staff was not using the rules with this particular contractor and this janitorial contract. I also noticed for the first time Samuels was sitting at the head of the table.  

Samuels continued to question Mr. Crook and the MNAA's evaluation process of SMS, the prime contractor. Mr. Crook revealed that Lynne Stecke, the director of purchasing, checked SMS's references. (I do not remember a "Lynne" being in the room but I felt for certain she was about to be thrown under a plane.) Mr. Crook relied on Lynne's external reference checks and stated she contacted Gaylord, Music City Center, and others to inquire about SMS's work performance with them. When asked if the other companies had diversity requirements as part of their procurement process, Mr. Crook said he would check with Lynne. Paging Lynne Stecke!

Commissioner Bobby Joslin chimed in and stated the board was "very transparent and worked hard" and wanted to know what was being implied by Samuels line of questioning. Samuels who looked as if a gnat had appeared out of no where and batted it away, replied that he wanted to know why SMS was "deemed the responsible bidder" with the issues already experienced with them from previous contracts that both, MNAA's staff and the board, were aware of for some time. (This audit memo from 9/2008 is worth a read.) A lawyer spoke up and mentioned a legal opinion that was given in regards to the contract and the subcontractor's relationship. But Samuels continued pushing back by asking about possible legal issues that may be surrounding SMS and the MNAA. Samuels then inquired if there were conflicts of interests with a firm representing the board and the contractor. WTH? This meeting was beginning to feel like a cheap flight that sounded like a good deal but when you read the find print it states the flight will take 48 hours to reach your final destination. No thanks! I kept watching the board members while trying to take notes.

With this meeting well pass the thirty minute mark, the question of why would this board approve a contract with a contractor who has been charging a management fee to a subcontractor in prior years  hung in the air like the smell of porta potty after a free concert with Luke Bryan. What did the subcontractor get for $195,000? Is this legal? This meeting is not even over and the slow firing of questions from Commissioner Samuels kept coming.

Part One: Cloudy Skies Still Linger over Nashville Airport Contracting With Women and Minority Owned Firms

Part Two: Why Previous Performance Not Considered When Awarding Firm $13.6 Million Dollars Contract. 

Part Three: In Nashville; "A Management Fee" is Not A Kick Back Nor Are Primes Barred From Bidding After Receiving Fees

Part Four: The Financials: Pay to Play Sub Contractor Rules Can Cost You A Contract

Part Five: When Minority Firms Do Not Practice What They Are Screaming

Photo credit:  www.dynamicon.com.

MCC Hearings...Open Mic Nites in Nashville

I have attended several of the hearings regarding the proposed plan for the Music City Center. This project is epic and historical as well. The largest of its kind proposed in Metro’s history, physically and fiscally. Metro government rolled out this ambitious plan that will be voted on by our Metro Council on Tuesday, January 19, 2009.

One of the things that has amazed me while listening to both proponents and the opposition to this mammoth project is the wonderful citizens of Davidson County that have stepped up to the podium meeting after meeting to express their thoughts on the how they see the MCC will shape the future of our great city. I have called each meeting I have attended, tweeted and blogged about “Poetry Nights from the Ville”. The voters have become political savvy poets at the microphone.

Many of the words that have been spoken communicate the zeal and passion of the voters in the community. No matter what side of town you live on, the poets have spoken zingers that have left me speechless and in awe that their words were uttered in a public forum so boldly and with straight faces. The MCC project shows how serious voters have become and are not taking this project for granted. Some have asked very practical questions, while others have preached sermons and I have heard a dissertation or two on public policy. This city is not just filled with only musicians but we have amateur and professional rhymesters, writers, critics, and lyricists, clothed as voters that come in every shade and hue of the rainbow. I have captured questions and statements that have heard repeated several times or ones that left me wondering should I trademark a remark and sell it on a T-shirt.

Nashville is “Shovel Ready” on day one.
Music City Center will create 1,000 construction jobs.
I am for the MCC but I thought it should be on land the city already owns, why not the thermal site?
We really need a hotel.
Nashville will be the most desirable city to build a hotel; we just don’t have any takers at the moment.
We have more things going on in this city other than music!
We don’t have textbooks in our schools? What about Jefferson Street?
Nashville is a tale of Two Cities.
The only way to expand this is to expand our tax base.
The stated goal is to have 20% minority and women owned contracts for the convention center.
Why are we focused on MCC when we have 28% unemployment among Black males in Nashville?
What is a medical mart?
Don’t get your hopes up on your jobs coming to our community.
Please slow down, this will be the biggest decision you will make for this city.
No one has mentioned cost over runs.
Give us the tools to work with.
The government should not be in the business of owning hotels.
I am a libertarian.
I represent the SEIU of Meharry and Metro General, they are the only hospitals in the area they are union.
I am a metro employee I have not gotten a living wage increase in two years.
Please vote no and let the people decide.
I have not gotten a raise either but that’s okay, I want to know about how we are going to pay for this when we don’t have money for anything else.
Folks are losing their homes to foreclosure…that is tax revenue the city does not collect.
I believe in this city and I want what is best for the city of Nashville.
Why are we doing business with Goldman Sach?
Goldman Sach used bonds for the city of San Diego and the city sued them for fraud. Aren’t the Goldman Sach bonds being dumped by China?
Metro school employees’ majority are against this project…we had 400 layoffs for Metro employees last years.
Metro employees have not received their longevity pay for the 2nd year in a row.
I asked 15 council members if there was a risk to the taxpayers, they all said yes.
Nashville has three classes of people; the rich, the potential homeless, and the homeless.
If Metro council members vote for this convention center, they can hang up their political careers.
Professional people built the Titanic and an amateur built Noah’s ark. Which boat would you rather be on?
Nashville Airport spent 60 million on contracts and of that you spent 1.8 million with minorities and you feel good about that?
That’s what the paper said.
This is not personal.
We love to wave and shout and that gets us nothing, we do not need to leave hear without a plan of action.
We have seen the same thing for twenty years; people are sick and tired of being sick and tired.
We have contractors that come into our neighborhoods on minority procurement and a Black contractor is never hired for the jobs.
Who will be policing the subcontracting?
1 million was spent on a disparity study that found Metro’s contracting discriminatory.
Another million was spent and the exact same time was said.
We must add goods and services, unbundle contracts, and offer legal and financing help.
Why are law firms that have not place a bid on MCC being paid, when I won the sub-contract as a minority lawyer and can’t get work from Bone?
I have veto power on financial payments.
The mayor left after fifteen minutes, he is going to have to stop that.
Are these the same folks who did not want May-Town but voting for MCC?
China is dumping Goldman Sach bonds…their bonds are not worthy to be toilet paper!

By the way, the lady who made the reference about Goldman Sach said that without any liquor on her breath and I did not see her sipping from a flask in the hallway. As I said before, folks have become poets about the MCC projects. Whichever way you lean on this issue, for or against, let it be known. Where we go from here is anyone’s guess but I do pray the Metro Council use discernment and common sense. Fancy verbiage is not necessary when one is doing right by the people and our tax dollars.

As for me, I want oversight, transparency, and no fuzzy math. The financing sounds iffy in a down economy to me. Watching how our federal government threw away taxpayer dollars to bail out the banks has me leary. The banks continued with their business as usual attitude and actions which makes me think long and hard of any government entity which says "we will work the details out later but we need this right now or else". We must learn from our mistakes and hold our elected officials accountable; federal, state, and yes, locally. If you are for this project, be proud not defensive. If you believe in the MCC, explaining why 1+1=2 on Monday, should not tie you in a knot on Tuesday. If you are against the building of MCC, don’t be ashamed. But please come with facts not Pius preaching. I know we are in the bible belt but quoting scriptures must not leave folks baffled. Lastly, if you are unsure about the MCC project, don’t be bashful about asking questions…I have. Lots of them!

One of those days: A wreck, pest control and Ole Miss

Yesterday was one of those days. After working in the rain for fifteen days straight, trying to catch up with everyone and everything in the sunshine was cathartic. The sun was shining brightly and all I could think about was how beautiful the Nashville’s skyline looks in the fall. I reflected on all the devastation and water I had seen over the last few weeks that made me so grateful for life. I was bubbling as I walked into several clients’ offices to say hello while dropping off proposals that had been delayed due to the downpours from the sky.

As I headed over to Gaylord to meet with a prospective client, I got a call that changed that cheerful demeanor. I was told that one of my trucks was involved in an accident. Dang...not now, I thought. I called to make sure everyone was okay. I was informed no one was hurt but a teenager was involved in the accident. My mommy heart was tugged at immediately and I whispered, “Not someone’s child”. I asked again if anyone was hurt. I know how many times I have called and tried to minimize the damage in order to keep the person on the other end of the call calm and I figured I was being given the same treatment. I was reassured that no one was hurt but I was analyzing the information I was given; four vehicles, in the middle of rush hour traffic, on I-65, with a teenager driving one of the cars sounded bad to my mommy ears. I rushed to the office to grab insurance papers and an emergency spill kit just in case chemicals were all over the highway. Even though the truck was prepared for occasions such as this, an extra kit made good sense to me.

Trying not to speed as I was driving, my Mom hat was switched to my CEO hat. I called back firing off questions trying to grasp the situation and assess liabilities. Have you checked on the other drivers? How much damage did our vehicle do to the other car? I asked for the sequence of the accident. What truck are you driving? That one…then take the signs off of the truck, we don’t need to make the news tonight. Have you spoken to the police? Have you canceled your other stops? My questions were non-stop as my mind raced ahead.

I knew I was close to the accident because traffic suddenly came to a stop. In Nashville, a fender bender can shut down an interstate so I could only imagine what four cars can do when thousands of commuters were on their way home. After endless minutes of barely moving, I was able to pick up speed. I turned the bend on I-65 to see my truck on the shoulder. A leg sticking out of the passenger side door of my green pest control truck made my heart skip a beat as I decided to put on my emergency blinkers to drive pass the slow moving gawkers. Not bothering to look dignified, I jumped from my vehicle to see what awaited me. I peered into the wrecked truck and asked, “Are you okay?” I was given a brief nod and I gave my star bug killer a big hug and a kiss. Trying to check for broken bones, he pushed me away to finish up his call with the insurance company. I looked at the truck and thought to myself that will never be repaired. It looked as if was crumbled paper instead of metal.

I checked out the car directly in front of me and I was sending up a prayer that my F-250 did not hit the smaller car. The trunk looked as if it was rolled back can of sardines.I knocked on the window to see if the driver was okay. Dressed in scrubs, the driver said she was fine and apologized about the wreck. I gave her a squeeze and thanked God no one was hurt. Continuing to check on the others, I passed by a new looking shiny BMW without an occupant and walked to the fourth vehicle, a SUV which was sporting an Ole Miss decal. I peered into the truck and introduced myself to the driver, an attractive mom who looked free from anxiety. Her son was the teenager in the accident and she came as soon as she got the call. An Ole Miss’s decal, a mom who cares, an unhurt cute son… instant friends. After shaking the hands of her son, the mom and I began conversing like we were neighbors instead of strangers. I asked the mom about the Ole Miss sign and she said her daughter attends the university. I lapsed into my “I am from Mississippi” and we asked the usual “do you know” questions. I mentioned the Music City Rebels Golf Tournament on Friday that is being chaired by my friend, Ken Ford. “Lots of Ole Miss Alumni will be in attendance,” I shared. She surprised me and said her son plays golf for his high school. Hmm…I knew blessings are often disguised but this was making me smile and giving me a few bumps. This accident was no accident. I was meeting great people on the side of the road. Why did this encounter have a familiar ring to me?

Seeing an opportunity among the wreckage, I recruited her son to play. Holmes Pest Control was a sponsor of the Music City Rebels Golf Tournament. I jokingly said as I pointed to my bug killer, “I am going to need another player.” Her son, fresh from an accident, lit up like holiday decor. He asked about his school’s golf team playing. We spent the next twenty minutes discussing the golf tournament and pest control. I was loading the mom down with pest control info for future service and her son was busy texting about the golf tournament. It was not long before we were joined by the children of the other driver. It was one happy reunion, drivers of wrecked vehicles smiling as if we had no care in the world. My children called to say they were on their way and I begged them to stay put. The party would have spilled over into the traffic if my three joined the festivities.

A wrecker arrived to tow the first car as the police was leaving. By then, we had solved every major crisis in the world. The mothers were great women who I am sure I will see them again, the police officer was genuine, I got a team for the golf tournament and my favorite bug killer just wanted to finish his route. I was grateful that no one was hurt and thrilled that I managed to sell pest control and promote a golf tournament on I-65. That fantastic happy feeling I started my day with was oozing out of my pores once again. I drove home with chemicals everywhere and one less truck in my “fleet” but blessed to have another encounter meeting wonderful people on the road less travel in my life. As I continue to meet folks on my journey, I am reminded about the goodness of people and the power that comes from having sunshine in your life.

For more info about the golf tournament: http://musiccityrebels.ning.com/