A $20,820 check paid to “Event Reimbursement” went unquestioned by the Carmel City Council when it voted, without even any discussion, to approve the December 2013 check at its meeting this week.
But since the money is for Richard Tavener’s Wonderspace Carmel project, in addition to the $24,900 he has already received since August 2013 under a contract signed by city administrator Jason Stilwell, the payment has Mayor Jason Burnett wondering whether it violates a municipal code policy prohibiting piece-mealing contracts so they don’t reach the $25,000 threshold requiring approval by the city council.
“I do think it raises questions, and we do need to make sure the intent of our policy is being followed,” Burnett told The Pine Cone Thursday.
“It seems to me that the expenditure policy is intended to bring items to the council when they reach a certain magnitude, and this is getting around that by being separate from the contract,” Burnett said. “I’m not going to go as far as to say it is violating the policy, but I want to look at the policy more to make sure it is not being violated.”
Source: City writes big check for Wonderspace events, MARY SCHLEY, The Carmel Pine Cone, February 7, 2014
RICHARD TAVENER WONDERSPACE CARMEL
TIMELINE OF EVENTS
August 14, 2013
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
Compensation: City shall pay CONSULTANT in an amount not to exceed $25,000, in accordance with this Contract for fiscal year 2013-14 (contract’s initial term commences August 1, 2013 through February 1, 2014).
64051 CITY ADMINISTRATOR OFFICE PROFESSIONAL SERVICES $35,000 Adopted Budget FY 2013-14
126975 8/15/ 2013 WONDERSPACE CARMEL $ 4,150.00 01 64051 PROFESSIONAL SERVICES
Vendor Total ---->$4,150.00
127037 9/18/2013 WONDERSPACE CARMEL $ 4,150.00 01 64051 PROFESSIONAL SERVICES
Vendor Total -- -->$ 4,150.00
127210 10/10/2013 WONDERS PACE CARMEL $ 4,150.00 01 64051 PROFESSIONAL SERVICES-PROGRAM DEVELOPMENT
Vendor Total --> 4,150.00
127352 11/7/2013 WONDERSPACE CARMEL $4,150.00 01 6405l PROFESSIONAL SERVICES-PROGRAM DEVELOPMENT
127352 11/7/2013 WONDERS PACE CARMEL $4,150.00 01 64051 PROFESSIONAL SERVICES-PROGRAM DEVELOPMENT
Vendor Total -->$8,300.00
127473 12/6/2013 WONDERSPACE CARMEL $ 4,150.00 01 64051 PROFESS SERVICES-PROGRAM DEVELOPMENT
Vendor Total---->$4,150.00
127473 12/6/2013 EVENT REIMBURSEMENT $ 20,820 .00 01 64051 EVENT REIMB/DOTDAY /BRAINWKS/VIRTUAL/VPMTG
Vendor Total---->$20,820.00
February 4, 2014 City Council Agenda Item: Adopt a Resolution authorizing the City Administrator to amend an existing contract (CA-PCS-RT-WSpace-009-13-14 – with Richard Tavener to finalize the development of Wonderspace Carmel in an amount not to exceed $60,000.
NOTE: Five Checks, all less than $25,000.00
WONDERSPACE CARMEL PROFESSIONAL SERVICES $8,300.00 (2 checks)PROFESS SERVICES-PROGRAM DEVELOPMENT $16,600 (3 checks)
EVENT REIMBURSEMENT EVENT REIMB/DOTDAY /BRAINWKS/VIRTUAL/VPMTG $20.820.00(1 check)
Note: Same Check: 127473 12/6/2013 WONDERSPACE CARMEL $ 4,150.00 01 64051 PROFESS SERVICES-PROGRAM DEVELOPMENT
Vendor Total---->$4,150.00
127473 12/6/2013 EVENT REIMBURSEMENT $ 20,820 .00 01 64051 EVENT REIMB/DOTDAY /BRAINWKS/VIRTUAL/VPMTG
Vendor Total---->$20,820.00
GRAND TOTAL: $45,720.00
ANALYSIS:
Initial Contract (August 2013) “not to exceed $25,000,” yet checks between 8/15/13 – 12/06/13 total $45,720.00.
REFERENCES
City writes big check for Wonderspace events, MARY SCHLEY, The Carmel Pine Cone, February, 7, 2014
Chapter 3.12
PURCHASING SYSTEM*
3.12.100 Entering Contracts.
3.12.110 Contracts.
3.12.100 Entering Contracts.
Contracts, other than purchase orders, shall be entered into only by authorization of the City Council, except standard or ongoing contracts for the servicing or maintenance of equipment or facilities, which service contracts may be signed by the head of the department having nominal custody of such equipment or facilities, or any other contract under $25,000 signed/approved by the City Administrator. (Ord. 2003-02 § 1, 2003; Ord. 2002-01 § 1, 2002; Ord. 94-8 § 1, 1994; Ord. 137 C.S. § 2, 1966; Code 1975 § 120.1. Formerly 3.12.080).
3.12.110 Contracts.
Contracts with a value of $25,000 or more shall be entered into only by authorization of the City Council, with the following exceptions:
A. Payment of utilities and like services where there is only one vendor.
B. Payroll and payroll-related items.
C. Emergency contracts authorized pursuant to CMC 2.64.080 and 2.64.090. (Ord. 2003-02 § 1, 2003).
CASE STUDY II: MARK ALCOCK FORENSIC EXAMINER & INFORMATION TECHNOLOGY SERVICES
First Contract, dated February 25, 2013: Alcock will receive $200 per hour, up to $25,000, “and reasonable expenses.”
Second Contract, dated May 5, 2013: Information Technology Consulting & Assessment Services, including “security guidance,” for “an amount not to exceed $25,000.”
Expense Account 67053: ADMINISTRATIVE SERVICES CONTRACTUAL SERVICES Adopted Budget FY 2013-14 $65,500
126240 5/8/2013 MARK ALCOCK 10,958.00 01 67053 CONTRACTUAL SERVICES
126410 6/5/2013 MARK ALCOCK 10,316.00 01 67053 CONTRACTUAL SERVICES
Vendor Total -----> $21,274.00
Third Contract, dated June 19, 2013: Investigation assistance related to Information Technology, Computer Forensic Examiner, in “an amount not to exceed $25,000.”
126625 6/19/2013 MARK ALCOCK $ 21,710.00 01 67053 CONTRACTUAL SERVICES-IT SUPPORT
Vendor Total----->$21,710.00
126800 8/2/2013 MARK ALCOCK $ 13,180.54 01 67053 CONTRAL SERVICES IT SERCURITY
126800 8/2/2013 MARK ALCOCK $ 8,600.00 01 67053 CONTRALSERVIC ES IT EXAMINER
Vendor Total----->$21,780.54
September 10, 2013 City Council Meeting: Second and third contracts, “increasing the contract for consulting and assessment to $43,500, and the contract covering the McInchak investigation to $60,000.”
127035 9/18/2013 MARK ALCOCK FORENSIC EXAMINER $18,198.00 01 74053 CONTRACTUAL SERVICES- EXAMINER
Note: 74053 POLICE CONTRACTUAL SERVICES $150,000 Adopted Budget FY 2013-14 FY
127035 9/18/2013 MARK ALCOCK $ 23,480.00 01 67053 CONTRACTUAL SERVICES- EXAMINER
126978 9/11/2013 MARK ALCOCK $ 18,668.00 01 67053 CONTRACTUAL SERVICES-IT SERVICES
Vendor Total----->$60,346.00
127289 11/7/2013 MARK ALCOCK $ 21,101.00 01 67053 CONTRACTUAL SERVICES
Vendor Total--->$21,101.00
127372 11/14/2013 MARK ALCOCK $22,000.00 01 67053 CONTRACTUAL SERVICES-FORENSIC
Vendor Total ---> $22,000.00
127460 12/6/2013 MARK ALCOCK $ 12,474.75 01 67053 CONTRACTUAL SERVICES-IT SERVICES
Vendor Total----->$12,474.75
127466 12/6/2013 MARK ALCOCK $ 9,200.00 01 67053 CONTRACT SERVICES-EXAMINER
Vendor Total ----->$9,200.00
GRAND TOTAL (5/8/2013 - 12/6/2013): $189,885.75
NOTEs: Eleven Checks, all less than $25,000.00
CONTRACTUAL SERVICES: $42,375.00 (3 checks)
CONTRACTUAL SERVICES-IT SUPPORT/SERVICES $52,872.75 (4 checks)
CONTRAL SERVICES IT SERCURITY $ 13,180.54 (1 check)
CONTRALSERVICES IT EXAMINER/FORENSIC $81,478.00 (5 checks)
GRAND TOTAL: $189,885.75
Checks from: Expense Account 67053: ADMINISTRATIVE SERVICES CONTRACTUAL SERVICES Adopted Budget FY 2013-14 $65,500
Expense Account 74053 POLICE CONTRACTUAL SERVICES Adopted Budget FY 2013-14 FY $150,000
Initial Contract (August 2013) “not to exceed $25,000,” yet checks between 8/15/13 – 12/06/13 total $45,720.00.
REFERENCES
City writes big check for Wonderspace events, MARY SCHLEY, The Carmel Pine Cone, February, 7, 2014
Chapter 3.12
PURCHASING SYSTEM*
3.12.100 Entering Contracts.
3.12.110 Contracts.
3.12.100 Entering Contracts.
Contracts, other than purchase orders, shall be entered into only by authorization of the City Council, except standard or ongoing contracts for the servicing or maintenance of equipment or facilities, which service contracts may be signed by the head of the department having nominal custody of such equipment or facilities, or any other contract under $25,000 signed/approved by the City Administrator. (Ord. 2003-02 § 1, 2003; Ord. 2002-01 § 1, 2002; Ord. 94-8 § 1, 1994; Ord. 137 C.S. § 2, 1966; Code 1975 § 120.1. Formerly 3.12.080).
3.12.110 Contracts.
Contracts with a value of $25,000 or more shall be entered into only by authorization of the City Council, with the following exceptions:
A. Payment of utilities and like services where there is only one vendor.
B. Payroll and payroll-related items.
C. Emergency contracts authorized pursuant to CMC 2.64.080 and 2.64.090. (Ord. 2003-02 § 1, 2003).
CASE STUDY II: MARK ALCOCK FORENSIC EXAMINER & INFORMATION TECHNOLOGY SERVICES
TIMELINE OF EVENTS
First Contract, dated February 25, 2013: Alcock will receive $200 per hour, up to $25,000, “and reasonable expenses.”
Second Contract, dated May 5, 2013: Information Technology Consulting & Assessment Services, including “security guidance,” for “an amount not to exceed $25,000.”
Expense Account 67053: ADMINISTRATIVE SERVICES CONTRACTUAL SERVICES Adopted Budget FY 2013-14 $65,500
126240 5/8/2013 MARK ALCOCK 10,958.00 01 67053 CONTRACTUAL SERVICES
126410 6/5/2013 MARK ALCOCK 10,316.00 01 67053 CONTRACTUAL SERVICES
Vendor Total -----> $21,274.00
Third Contract, dated June 19, 2013: Investigation assistance related to Information Technology, Computer Forensic Examiner, in “an amount not to exceed $25,000.”
126625 6/19/2013 MARK ALCOCK $ 21,710.00 01 67053 CONTRACTUAL SERVICES-IT SUPPORT
Vendor Total----->$21,710.00
126800 8/2/2013 MARK ALCOCK $ 13,180.54 01 67053 CONTRAL SERVICES IT SERCURITY
126800 8/2/2013 MARK ALCOCK $ 8,600.00 01 67053 CONTRALSERVIC ES IT EXAMINER
Vendor Total----->$21,780.54
September 10, 2013 City Council Meeting: Second and third contracts, “increasing the contract for consulting and assessment to $43,500, and the contract covering the McInchak investigation to $60,000.”
127035 9/18/2013 MARK ALCOCK FORENSIC EXAMINER $18,198.00 01 74053 CONTRACTUAL SERVICES- EXAMINER
Note: 74053 POLICE CONTRACTUAL SERVICES $150,000 Adopted Budget FY 2013-14 FY
127035 9/18/2013 MARK ALCOCK $ 23,480.00 01 67053 CONTRACTUAL SERVICES- EXAMINER
126978 9/11/2013 MARK ALCOCK $ 18,668.00 01 67053 CONTRACTUAL SERVICES-IT SERVICES
Vendor Total----->$60,346.00
127289 11/7/2013 MARK ALCOCK $ 21,101.00 01 67053 CONTRACTUAL SERVICES
Vendor Total--->$21,101.00
127372 11/14/2013 MARK ALCOCK $22,000.00 01 67053 CONTRACTUAL SERVICES-FORENSIC
Vendor Total ---> $22,000.00
127460 12/6/2013 MARK ALCOCK $ 12,474.75 01 67053 CONTRACTUAL SERVICES-IT SERVICES
Vendor Total----->$12,474.75
127466 12/6/2013 MARK ALCOCK $ 9,200.00 01 67053 CONTRACT SERVICES-EXAMINER
Vendor Total ----->$9,200.00
GRAND TOTAL (5/8/2013 - 12/6/2013): $189,885.75
NOTEs: Eleven Checks, all less than $25,000.00
CONTRACTUAL SERVICES: $42,375.00 (3 checks)
CONTRACTUAL SERVICES-IT SUPPORT/SERVICES $52,872.75 (4 checks)
CONTRAL SERVICES IT SERCURITY $ 13,180.54 (1 check)
CONTRALSERVICES IT EXAMINER/FORENSIC $81,478.00 (5 checks)
GRAND TOTAL: $189,885.75
Checks from: Expense Account 67053: ADMINISTRATIVE SERVICES CONTRACTUAL SERVICES Adopted Budget FY 2013-14 $65,500
Expense Account 74053 POLICE CONTRACTUAL SERVICES Adopted Budget FY 2013-14 FY $150,000
ANALYSIS:
Three Contracts, up to $25,000, $43,500, and $60,000, total $128,500.00. Yet all checks to Mark Alcock from 5/8/2013 - 12/6/2013 total $189,885.75.
“It seems to me that the expenditure policy is intended to bring items to the council when they reach a certain magnitude, and this is getting around that by being separate from the contract,” Burnett said.
Source: City writes big check for Wonderspace events, MARY SCHLEY, The Carmel Pine Cone, February 7, 2014
QUESTION: Are there other contracts between the City and Mark Alcock that the city administrator has not informed the city council and public about?
REFERENCES
Contracts with IT investigator raise questions, MARY SCHLEY, The Carmel Pine Cone, September 27, 2013
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