POOLE
McKINLEY
December 11, 2009
Honorable Christine A. Varney, Esquire
Assistant Attorney General, Antitrust Division
U.S. Department of Justice
Robert F. Kennedy Justice Department Building, Room 3109
Washington, D.C. 20580 via fax to (202) 616-2645
RE: NO-BID CONTRACT TO DUTKO, POOLE AND McKINLEY BY ANASTASIA MOSQUITO CONTROL COMMISSION OF ST. JOHNS COUNTY, FLORIDA
Dear General Varney:
1. Last night, the ANASTASIA MOSQUITO CONTROL COMMISSION OF ST. JOHNS COUNTY, FLORIDA (AMCD) voted 3-2 to award a $3500/month no-bid contract for FEMA lobbying. The award is to the firm of DUTKO, POOLE & McKINLEY to attempt to obtain FEMA grants for AMCD for a controversial, wasteful multi-million dollar building project. AMCD has $5.5 million in its coffers now and the chances of obtaining a FEMA grant are slim, as pointed out last night by Commissioner Jeanne Moeller.
2. Last night’s vote is contrary to the antitrust laws. I request that the Antitrust Division kindly investigate.
3. Do the circumstances of the contract award amount to a badge of fraud?
4. No other firms were invited to bid.
5. No need for any grant or lobbing contract was ever established.
6. No actual contract was presented.
7. No presentation was made by DUTKO, POOLE & McKINLEY.
8. Instead, AMCD voted 3-2 to accept a proposal from DUTKO, POOLE & McKINLEY that was solicited by Commissioners VIVIAN BROWNING and RONALD RADFORD.
9. The proposal was a surprise to AMCD Chair Janice Bequette: she received a letter sent by DUTKO, POOLE & McKINLEY that was so half-baked and disorganized that it referred to AMCD as being “Lojack.” Has the public interest been hijacked by anti-competitive practices?
10. AMCD has a history of anti-competitive practices, including purchase of a $1.8 million Bell Jet luxury helicopter without competitive bidding, claiming it was “sole source.” The helicopter in quo was unadorned by any equipment that could kill a single mosquito. In 2007, citizen outage persuaded AMCD to kill the deal, but only after there was a videotaped Sunshine violation involving two Board members and their then-counsel, after a meeting where the then-Chair attempted to arrest former Army Captain Donald Girvan for speaking his mind at a public meeting. In December 2006, AMCD Director Ruide Xue told me that the no-bid helicopter contract was “a Christmas present” for then-Commissioner MARY TARVER WILLIS. Fortunately, it was rescinded, thanks to outspoken citizens and Commissioners Jeanne Moeller and John Sundeman, both of whom also voted against last night’s no-bid contract.
11. Does the no-bid contract for DUTKO, POOLE & McKINLEY deprive other, more qualified firms with actual FEMA experience of an opportunity to bid?
12. Does it deprive St. Johns County of the honest services of their public officials at AMCD?
13. Please ask your staff to work with the FBI, Homeland Security Inspector General and the Public Integrity Section of the Justice Department.
14. Please obtain all of the documents and telephone toll records for AMCD, RADFORD, BROWNING and DUTKO, POOLE & McKINLEY.
15. From the hostile tone that RADFORD adopted when I spoke against the proposal last night, interrupting me and accusing me of “slandering” him, it appears that the gentlemen “doth protest too much.” Mr. RADFORD was angry and emotional because I asked questions about the no-bid contract he rammed through for the benefit of the former Chair and the former Executive Director of the Florida Republican Party, Messrs POOLE & McKINLEY. RADFORD has long experience in government contracting and should be considered a target of any investigation.
16. Thank you in advance for a thoroughgoing Antitrust Division investigation of anti-competitive practices by DUTKO, POOLE & McKINLEY and AMCD.
We sincerely appreciate the excellent work that you have done turning around the Antitrust Division and enforcing the antitrust laws without fear or favor.
Sincerely,
ED SLAVIN
Clean Up City of St. Augustine, Florida
www.cleanupcityofstaugustine.blogspot.com
Box 3084
St. Augustine, Florida 32085
904-829-3877
c: Honorable Richard L. Skinner
Honorable James Lee Witt
AMCD
December 11, 2009
Honorable Richard L. Skinner
Inspector General
Department of Homeland Security
245 Murray Drive, SW, Bldg 410
Washington, D.C. 20538 via fax to (202) 254-4285
RE: NO-BID CONTRACT TO DUTKO, POOLE AND McKINLEY BY ANASTASIA MOSQUITO CONTROL COMMISSION OF ST. JOHNS COUNTY, FLORIDA
Dear General Skinner:
1. Last night, the ANASTASIA MOSQUITO CONTROL COMMISSION OF ST. JOHNS COUNTY, FLORIDA (AMCD) voted 3-2 to award a $3500/month no-bid contract for FEMA lobbying. The award is to the firm of DUTKO, POOLE & McKINLEY to attempt to obtain FEMA grants for AMCD for a controversial, wasteful multi-million dollar building project. AMCD has $5.5 million in its coffers now and the chances of obtaining a FEMA grant are slim, as pointed out last night by Commissioner Jeanne Moeller..
2. Last night’s vote is contrary to public policy. I request that the DHS Inspector General please investigate.
3. No other firms were invited to bid.
4. No need for any contract was ever established.
5. No actual contract was presented.
6. No presentation was made by DUTKO, POOLE & McKINLEY.
7. Instead, AMCD voted 3-2 to accept a proposal from DUTKO, POOLE & McKINLEY that was solicited by Commissioners VIVIAN BROWNING and RONALD RADFORD.
8. The proposal was a surprise to AMCD Chair Janice Bequette: she received a letter sent by DUTKO, POOLE & McKINLEY that was so half-baked and disorganized it referred to AMCD as being “Lojack.” Has the public interest been hijacked by anti-competitive practices?
9. AMCD has a history of anti-competitive practices, including purchase of a $1.8 million Bell Jet luxury helicopter without competitive bidding, claiming it was “sole source.” The helicopter in quo was unadorned by any equipment that could kill a single mosquito. In 2007, citizen outage persuaded AMCD to kill the deal, but only after there was a videotaped Sunshine violation involving two Board members and their then-counsel, after meeting where the then-Chair attempted to arrest former Army Captain Donald Girvan for speaking his mind at a public meeting. In December 2006, AMCD Director Ruide Xue told me that the no-bid helicopter contract was “a Christmas present” for then-Commissioner MARY TARVER WILLIS. Fortunately, it was rescinded, thanks to outspoken citizens and Commissioners Jeanne Moeller and John Sundeman, who also voted against last night’s no-bid contract.
10. Does the no-bid contract for DUTKO, POOLE & McKINLEY deprive other, more qualified firms with actual FEMA experience of an opportunity to bid?
11. Does it deprive St. Johns County of the honest services of their public officials at AMCD?
12. Please ask your staff to work with the FBI, Antitrust Division and Public Integrity Section of the Justice Department and obtain all of the documents and telephone toll records for AMCD, RADFORD, BROWNING and DUTKO, POOLE & McKINLEY.
13. From the hostile tone that RADFORD adopted when I spoke against the proposal last night, interrupting me and accusing me of “slandering” him, it appears that the gentlemen “doth protest too much.”
14. Mr. RADFORD was angry that I asked questions about the no-bid contract he rammed through for the benefit of the former Chair and the former Executive Director of the Florida Republican Party, Messrs POOLE & McKINLEY.
15. Thank you in advance for a thorough IG investigation of anti-competitive practices by DUTKO, POOLE & McKINLEY and AMCD.
Sincerely,
ED SLAVIN
Clean Up City of St. Augustine, Florida
www.cleanupcityofstaugustine.blogspot.com
Box 3084
St. Augustine, Florida 32085
904-829-3877
Enclosures
c: Honorable Christine Varney
Honorable James Lee Witt
AMCD
December 11, 2009
Honorable James Lee Witt
James Lee Witt & Associates
116 Ottenheimer Plaza
President Clinton Avenue
Little Rock, AR 72201 via fax to 501.244-.2203
RE: NO-BID CONTRACT TO DUTKO, POOLE AND McKINLEY BY ANASTASIA MOSQUITO CONTROL COMMISSION OF ST. JOHNS COUNTY, FLORIDA
Dear Mr. Witt:
We sincerely appreciate the excellent work you did as FEMA Administrator.
I am writing to let you know that the ANASTASIA MOSQUITO CONTROL COMMISSION OF ST. JOHNS COUNTY, FLORIDA (AMCD) voted last night to award a $3500/month no-bid contract for FEMA lobbying to the firm of DUTKO, POOLE & McKINLEY to attempt to obtain FEMA grants for AMCD for a controversial, wasteful multi-million building project.
I have filed complaints about this questionable contract and enclose them for your information and comments.
Sincerely,
ED SLAVIN
Clean Up City of St. Augustine, Florida
www.cleanupcityofstaugustine.blogspot.com
Box 3084
St. Augustine, Florida 32085
904-829-3877
Enclosures
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