Sunday, December 07, 2014

How Many Illegal Contracts Does City of City Augustine Have Without City Attorney Signature?






-----Original Message-----
From: easlavin
To: ilopez ; jregan ; jpiggott ; mlitzinger ; pwilliamson ; lfountain
Cc: nshaver ; tneville ; NancySikesKline ; cityfreeman ; rhorvath ; aschindler ; sceastman ; jbillman ; gardner ; judgelitt10 ; waltbog ; jimwil03 ; news
Sent: Mon, Dec 8, 2014 12:12 am
Subject: Re: HOW MANY ILLEGAL CONTRACTS WITHOUT CITY ATTORNEY SIGNATURE/PREPARATION? / Web Services Contracts; Any legal justification for lack of competitive bidding with OLD CITY WEB SERVICES, INC.; Total disbursements over the years; RFPs

Please find answers.  Thank you.


-----Original Message-----
From: Isabelle Lopez <ilopez@citystaug.com>
To: easlavin <easlavin@aol.com>; John Regan <jregan@citystaug.com>; Jim Piggott <jpiggott@citystaug.com>; Mark Litzinger <mlitzinger@citystaug.com>; Paul Williamson <pwilliamson@citystaug.com>; Lucy Fountain <lfountain@citystaug.com>
Cc: Nancy Shaver <nshaver@citystaug.com>; Todd Neville <tneville@citystaug.com>; NancySikesKline <NancySikesKline@aol.com>; cityfreeman <cityfreeman@yahoo.com>; Roxanne Horvath <rhorvath@citystaug.com>; aschindler <aschindler@firstcoastnews.com>; sceastman <sceastman@folioweekly.com>; jbillman <jbillman@folioweekly.com>; gardner <gardner@aug.com>; judgelitt10 <judgelitt10@gmail.com>; waltbog <waltbog@nytimes.com>; jimwil03 <jimwil03@yahoo.com>; news <news@historiccity.com>
Sent: Sun, Dec 7, 2014 1:24 pm
Subject: RE: HOW MANY ILLEGAL CONTRACTS WITHOUT CITY ATTORNEY SIGNATURE/PREPARATION? / Web Services Contracts; Any legal justification for lack of competitive bidding with OLD CITY WEB SERVICES, INC.; Total disbursements over the years; RFPs


I have no documents responsive to this public records request.


Sent from my Verizon Wireless 4G LTE smartphone



-------- Original message --------
Date:12/07/2014 12:39 PM (GMT-05:00) 
To: Isabelle Lopez ,John Regan ,Jim Piggott ,Mark Litzinger ,Paul Williamson ,Lucy Fountain 
Subject: Re: HOW MANY ILLEGAL CONTRACTS WITHOUT CITY ATTORNEY SIGNATURE/PREPARATION? / Web Services Contracts; Any legal justification for lack of competitive bidding with OLD CITY WEB SERVICES, INC.; Total disbursements over the years; RFPs


Please provide answers and printout re: no-bid contracts and contracts without legally required City Attorney signature.  Thank you.


-----Original Message-----
From: easlavin <easlavin@aol.com>
To: ilopez <ilopez@citystaug.com>; jregan <jregan@citystaug.com>; jpiggott <jpiggott@citystaug.com>; mlitzinger <mlitzinger@citystaug.com>; pwilliamson <pwilliamson@citystaug.com>; lfountain <lfountain@citystaug.com>; jimwil03 <jimwil03@yahoo.com>
Cc: NancySikesKline <NancySikesKline@aol.com>; cityfreeman <cityfreeman@yahoo.com>; mayorboles <mayorboles@comcast.net>; dcrichlow <dcrichlow@citystaug.com>; rhorvath <rhorvath@citystaug.com>; aschindler <aschindler@firstcoastnews.com>; sceastman <sceastman@folioweekly.com>; jbillman <jbillman@folioweekly.com>; gardner <gardner@aug.com>; judgelitt10 <judgelitt10@gmail.com>; waltbog <waltbog@nytimes.com>
Sent: Tue, Nov 18, 2014 3:43 pm
Subject: HOW MANY ILLEGAL CONTRACTS WITHOUT CITY ATTORNEY SIGNATURE/PREPARATION? / Web Services Contracts; Any legal justification for lack of competitive bidding with OLD CITY WEB SERVICES, INC.; Total disbursements over the years; RFPs


Good afternoon:
1. No City Attorney signature on any web services contracts.  Why?

2. How many contracts signed without City Attorney signature?  Please list.  Total value?  Any current?3. No memo on legal authority to award this contract to Old City without competitive bidding?

4. How manny no-bid contracts in effect?  Total value?
5.  What is to be done?


ILLEGAL CONTRACTS: HOW MANY?
The no-bid contract of adhesion City Manager WILLIAM BRUCE HARRISS repeatedly signed with OLD CITY for web services appears to be illegal:
A. Not prepared by City Attorney;
B. Not signed by City Attorney.

Our St. Augustine Code of Ordinances says, in haec verb:

DIVISION 5. - CITY ATTORNEY

Sec. 4.18. - Qualifications.



The city attorney shall be a lawyer of at least five years' experience admitted 
to and having authority to practice in all courts of the state. 

(Laws of Fla. (1925) ch. 11148, § 38) 

Cross reference- Ordinances to be voted on by the electors of the city to be 
first submitted to and approved by the city attorney, § 5.21. 


Sec. 4.19. - Special duties.


The city commission shall appoint a city attorney who shall act as the legal 
adviser to, and attorney and counselor for, the municipality and all of its 
officers in matters relating to their official duties. He shall prepare all
contracts, bonds and other instruments in writing in which the municipality is
concerned and shall endorse on each his approval of the form and correctness
thereof and no contract with the municipality shall take effect until his
approval is so endorsed thereon.
 He shall prosecute and defend for and in behalf 

of the city all complaints, suits and controversies in which the city is a 
party. He shall furnish the city commission, the city manager, the head of any 
department or any officer or board not included in any department his opinion on 
any question of law relating to their respective powers and duties. 

(Laws of Fla. (1925) ch. 11148, § 36) 

Editor's note- 

The next to last sentence has been modified so as to delete a reference to the 
city attorney prosecuting in municipal court, as municipal courts have been 
abolished. See Fla. Const. art. V, § 20(d)(4). 



Sec. 4.20. - Additional duties.



In addition to the duties specifically imposed under the preceding section he 
shall perform such other professional duties as may be required of him by 
ordinance or resolution of the city commission or as are prescribed for city 
attorneys under the general law of the state and which are not inconsistent with 
this charter and with any ordinance or resolution which may be passed by the 
city commission. 

(Laws of Fla. (1925) ch. 11148, § 37) 

So how many illegal contracts does our City have in force?

-----Original Message-----
From: Paul Williamson <pwilliamson@citystaug.com>
To: easlavin <easlavin@aol.com>; Lucy Fountain <lfountain@citystaug.com>; John Regan <jregan@citystaug.com>; Jim Piggott <jpiggott@citystaug.com>; ilopez <ilopez@citystaug.org>; Mark Litzinger <mlitzinger@citystaug.com>
Cc: NancySikesKline <NancySikesKline@aol.com>; cityfreeman <cityfreeman@yahoo.com>; aschindler <aschindler@firstcoastnews.com>; sceastman <sceastman@folioweekly.com>; jbillman <jbillman@folioweekly.com>; gardner <gardner@aug.com>
Sent: Mon, Nov 17, 2014 3:47 pm
Subject: RE: Web Services Contracts; Any legal justification for lack of competitive bidding with OLD CITY WEB SERVICES, INC.; Total disbursements over the years; RFPs

Attached is the current agreement under which the City began and currently operates with Old City Web Services. Also included is a list of payments to Old City Web Services since January 2003. Since funding was made available for this fiscal year to develop a new web site, an RFQ for that purpose will be ready for distribution later this week.

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