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Archive for the ‘Contract, Contracts’ Category

State Rep. James R. “Jim” Fannin (D-Jonesboro) says he is opposed to Gov. Bobby Jindal’s proposal to sell state buildings as a means of raising needed one-time revenue in an attempt to offset a projected $1.6 billion state budget deficit this year.

At the same time, Fannin, chairman of the House Appropriations Committee said he is not averse to some other plans floated by Jindal, among them the sale of two state prison facilities in Winn and Allen parishes. Both facilities are state-owned but are privately managed by Corrections Corp. of America (CCA) of Nashville, TN., and the GEO Group of Boca Raton, Florida, respectively.

“I am willing to discuss the selling of the two prisons because they have been operating of a cost of $8 million to $9 million less than what it would cost the state to run them,” Fannin said. He added that if similar cost savings could be duplicated, he would be willing to consider similar actions with other state prison facilities.

He said selling state buildings would amount to the state’s having to pay for them twice. “We would have to pay off the bonded indebtedness on the buildings and the tenants, state agencies, would have to continue paying rent to the new owners,” he said. “That would put the state in the position of paying for the buildings twice for the benefit of receiving one-time money.”

Jindal has estimated the sale of the buildings, all built during former Gov. Mike Foster’s administration, would bring the stat approximately $400 million in one-time revenue.

Fannin also serves as Chairman of the Joint Legislative Committee on the Budget and is a member of the House Executive Committee, the Joint Legislative Committee on Capital Outlay, the Legislative Budgetary Control Council, and the State Bond Commission.

A resident of Jonesboro, his district includes all or parts of the parishes of Jackson, Bienville, Winn, and Ouachita.

Other proposals that he said he is willing to consider include privatizing the state’s PPO health care plan and borrowing from future proceeds (securitization) of the state lottery. He said news accounts that quoted him as saying he would support the use of $100 million of one-time money to help plug the anticipated budget deficit were inaccurate. “I am willing to use as much one-time revenue as the Revenue Estimating Committee sees in growth for Fiscal Year 2012-13,” he said.

“The state is projected to have $400 million in growth this year,” he said. “Even with a budget deficit, there is projected growth but that’s a far cry from making up a $1.6 billion deficit. The state has just come through what we call in business a flat year. But in business, when you have a flat year, you don’t simply close the business, you adjust. I wish we didn’t have to be where we are but the process (economy) has brought us to this point. I hope there will continue to be future growth so that we won’t have to keep kicking this can down the road.”

Fannin said Louisiana has been compared to Alabama because of the similarity in population. “Alabama has far fewer state employees than Louisiana,” he said. While acknowledging that Louisiana has a state-run charity hospital system and Alabama does not and many of Louisiana’s state workers are employed by that system, he said, “Maybe Alabama has managed to address its health-care needs without the necessity of a charity hospital system.”

He said one of his biggest concerns is in the area of professional contracts awarded by the state, particularly by the Department of Education. “It’s absurd to have so many professional service contracts out there,” he said. “Kennedy (Treasury Secretary John Kennedy) has been raising this as an issue. Many agencies get around the requirement to obtain approval of contracts of $50,000 or more by awarding a lot of contracts for just under the required reporting level. There’s a tremendous amount of waste in those contracts. I understand (Sen. Ben) Nevers (D-Bogalusa) has been critical of state contracts, too,” he said.

The Department of Education, meanwhile, has responded to recent articles about contracts awarded by that agency.

Education Department spokesperson Rene’ Greer said the printout of department contracts provided by Kennedy was misleading because many of the contracts were multi-year contracts. One, for example was a five-year contract for $193,000 for a warehouse lease but when listed it appeared to be the amount for a single year instead of being spread over five years.

Moreover, she explained, many of the contracts were federal dollars and were contracts required by the federal government. Others were paid with moneys that went to local school districts and were not direct expenditures of the department. Still others, she said, were inter-agency transfers. “By the time you calculate salaries, expenditures for the Recovery School District, and other mandated expenditures, there was really very little left in the way of discretionary funds for the department to spend,” she said.

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The Alabama firm that threatened to fire its employees who provide security for 15 Baton Rouge state office buildings for complaining about their bounced or non-existent paychecks has itself been fired.

Former security provider, Inter Parish Security Corp. (IPSC) of nearby Hammond was brought back in to complete the remainder of the contract term of JAT Bureau of Protective Services.

JAT, of Montgomery, Alabama, said in a December 6 memorandum to employees that complaints “will not be tolerated.” It said that any employee “found to be in violation of this police will be given a written warning,” and that “further violations would result in termination.”

Instead, JAT has been terminated and replaced by the company it replaced on Oct. 1 when it was awarded a million dollar contract after bid openings last August. JAT’s contract was to have run through June 30 of this year with unarmed guards receiving a minimum of $8.50 per hour and armed guards getting a dollar more per hour. Supervisors were to have received a minimum of $12 per hour under JAT’s contract.

JAT employed 74 guards in 15 Baton Rouge state office buildings, plus employees in other state buildings scattered across the state.

IPSC held the state contract for three years before being underbid by JAT.

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The Louisiana Department of Education has responded to recent criticism and news reports of what has been perceived to be a glut of professional service contracts, claiming that it was unfair to use outdated contract lists as a basis of that criticism or to include federally-required contractual spending.

Department public information officer René Greer responded to a news story by LouisianaVoice that cited contracts such as one for $94,000 for a contractor to teach children how to play at recess and dozens of contracts to church organizations to take care of children after school.

The story cited data from a printout of department contracts for fiscal years 2006-2007, 2007-2008, and 2008-2009, the latest documents available. Those documents were provided by Treasury Secretary John Kennedy’s office. Kennedy has been a vocal critic of professional service contracts for several years.

State Rep. Jim Fannin (D-Jonesboro), chairman of the House Appropriations Committee, told LouisianaVoice that one of his biggest concerns is in the area of professional contracts awarded by the state, particularly by the Department of Education. “It’s absurd to have so many professional service contracts out there,” he said. “Kennedy has been raising this as an issue. Many agencies get around the requirement to obtain approval of contracts of $50,000 or more by awarding a lot of contracts for just under the required reporting level. There’s a tremendous amount of waste in those contracts.”

Greer said the department is equally determined to cut waste. “We’re deeply committed to the same principle expressed by Treasurer Kennedy and Representative Fannin– to ensure that every tax dollar dedicated to education is spent thoughtfully to achieve the best outcomes for our students,” she said. “But we’re disappointed by the continued focus on contracts that are no longer current and haven’t been for several years. In many cases, the criticism centers on contracts issued five or six years ago, to community organizations and churches for the federally funded afterschool programs. And the process that awards these contracts was revised by BESE and the current administration more than two years ago, as it now requires grant applicants to provide students with a high quality academic component in order to be eligible for these federal dollars, and the Department monitors and measures the effectiveness of grant recipients to ensure only successful providers are funded.”

For example, this year alone, the agency will dispense an estimated $32 million for the federal 21st Century Grant Program which funds after-school tutoring programs for at-risk students, she said. Greer says on the surface it might be tempting to label these professional service contracts as bad. But she said that until the state is successful at resolving some of the critical needs that are supported by these funds and contracts, ending these programs and services would be a setback to the education community, and most importantly to students.

“It’s oversimplifying the issue to decide the number or amount of contracts issued by the department is a gauge on our commitment to fiscal responsibility,” Greer said. “We need to put this into context. First, most of the contracts are supported by federal dollars. And federal dollars that flow to districts and communities, such as FEMA, TANF and USDOE grants must first flow to state agencies prior to being distributed through a contractual process. These dollars are based on measures of a state’s needs, which are determined by federal regulations. And while it might sound good to say we need to decrease the number of contracts and the amount of money the Department is allocating for contracts, in actuality that would mean that districts and schools would not receive critical funding for rebuilding projects, after-school programs and other very vital needs. The question we should be asking ourselves – regardless of whether the funds are local, state or federal – is whether we’re making the biggest impact we can make for students, and if not, what spending reforms should we put in place to achieve better outcomes? That’s the aim of Superintendent Pastorek and the Department.”

Greer also pointed out that the State General Fund budget for the agency’s direct activities, which is about $57 million, is shrinking.

“From Fiscal Year 2010 to Fiscal Year 2011, contractual allocations are expected to decrease by more than $5 million or 15 percent. The largest contractual expenditure for the agency, the testing contract, accounts for nearly half the agency’s total annual budget. So there is very little left in the way of discretionary funds for the department to spend. Regardless, total State General Fund expenditures for the agency’s direct activities have declined by $6.8 million, or 10.7%, from Fiscal Year 2008-2009 to Fiscal Year 2010-2011. In fact, the number of employees employed by the agency, including the Special School District, has drastically declined from 857 during the 2007-2008 Fiscal Year to 682 during the 2010-2011 Fiscal Year, which is a 21% decrease.”

Greer last week pledged to provide LouisianaVoice with an updated contract printout and on Tuesday did provide a partial list that contained printing and copier lease contracts. The professional service contract printout, however, was not included among those documents.

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When Buddy Roemer was elected governor in 1987, one message that he seemingly never tired of repeating was that if elected, he would board up the top three floors of the Louisiana Department of Education.

Had he made good on that one promise, he might still be governor.

The Department of Education has long been criticized by lawmakers as being far too top-heavy in administrative personnel while short-changing students in the classroom. And while the number of administrators and bureaucrats in the department may indeed be high, when it comes to creative ways in which to spend taxpayer dollars—federal or state—there doesn’t appear to be any agency in state government that can match Education in pure gooneybabble spending.

In Fiscal Year 2008-2009, the last year for which figures were made available, the department handed out 1,009 contracts totaling nearly $130.1 million. The previous year was even worse. In the year ending June 30, 2008, it issued 1,395 contracts totaling $162.2 million. That comes to more than 2.400 contracts worth over $292 million in just two years.

The contracts, issued to individuals, state and federal agencies, non-profit groups, churches, and corporations, ranged from as little as $500 to more than $8 million.

Granted, much of the money was federal dollars and some of the contracts were inter-agency pacts, meaning money was simply transferred from one state entity to another.

But a $94,000 contract to Sports 4 Kids that ran from Aug. 18, 2008 to June 15, 2009 that calls for the contractor to provide a program to help students learn “valuable social skills through organized play on their recess and lunch periods” has to raise a few eyebrows. How did we ever learn to play without Sports 4 Kids?

Or how about the back-to-back contracts issued to Joy Corporation of Zachary? One nine-month contract from Jan. 1 through Aug. 31, 2007, for $220,000 and paid with 100 percent federal funds called on Joy to provide students in grades K-12 with “high quality youth development services that support student learning, including tutoring and recreation.”

The next year Joy, founded by Ron Jackson, a former state employee who was recently fired as interim Superintendent of Schools for the City of Baker after only 17 days on the job, did even better, receiving a 10-month contract running from Oct. 1, 2007 through Aug. 31, 2008, that was for the same services but the amount was increased to $263,295.

Some of the contracts were with individuals. One such 11-month contract for $48,800, called for the contractor to provide consulting services to the New Orleans Recovery School District Central Office “to assist with the creation of sustainable relationships with professional unions.”

The $341,465.48 contract to Peter A. Mayer Advertising was simply for a six-month public relations campaign “to establish a positive image of high school redesign.”

CN Resource, LLC, received a contract for $850,000 that ran from May 1, 2006 through April 30, 2007 “to assist the state in ensuring program integrity and assessing compliance of specified participating agencies with USDA Child Nutrition Program.” That, however, apparently was not sufficient because a contract for $32,900 was then awarded an individual from Oct. 1, 2007 through September 30, 2008, “to review program records and (to) conduct nutrient analysis of one week of menus to report on compliance with state and federal dietary program.”

Nine contracts of $76,000 each ($684,000 total) were awarded to three separate non-profit organizations. Seven of those were to various chapters of Families Helping Families. The other two were awarded to Bayou Land Families and Northshore Families and each of the nine contract descriptions called for providing resources, direct support, materials, and training to families, educators and service providers of students with disabilities.

Sixty-eight contracts of $11,644 each ($791,792 total) were awarded to various churches in locations that were virtually impossible to determine to operate community-based tutorial programs from September 2008 through June 2009.

Others were simply eye-popping in their size and the description of services:

• $3.2 million to Catapult Learning, LLC to “provide high quality research-based professional development opportunities, materials, and services” that support schools, families, and students;

• $$558,000 to an architect for an environmental assessment for demolition of multiple schools in the New Orleans Recovery School District (RSD);

• $1 million for architectural services for construction of new schools and repair of existing schools;

• $1.5 million for demolition of an elementary school;

• $2.18 million for an architect to design bid documents for demolition of a school;

• $2.1 million for architectural services for school construction;

• $2.33 million for architectural services for school construction;

• $2.5 million for architectural services for school construction;

• $4.1 million for architectural services for school construction;

• $8.1 million for architectural services for construction of modular school sites for New Orleans RSD.

There were others, of course–hundreds and hundreds. Whether it is for workshops, presentations, keynote addresses, leadership training, meeting planners, redesign, enhancements, mentoring, if it can be imagined and justified, it would appear to be a candidate for funding of some description. With all the rhetoric about deficits and cutbacks to higher education and public health, the money still seems to flow freely through the labyrinth that is the Louisiana Department of Education.

And no one appears to be minding the store.

When the Louisiana Legislature convenes on April, lawmakers may wish to ask State School Superintendent Paul Pastorek some uncomfortable questions that go beyond the mere approval of RSD Superintendent Paul Vallas’s use of a state vehicle for a few dozen personal trips to Chicago.

Gov. Bobby Jindal, meanwhile, may wish to reprise Roemer’s plans for the Department of Education way back in ’87. Those plans, after all, were never implemented.

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Sometimes the answer is so obvious it would seem absurd to even ask.

But ask he did.

Sen. Conrad Appel (R-Metairie), he of the $345 per month Pentagon Barracks apartment (Nov. 29 post), has been thwarted by the Louisiana Ethics Board in his effort to bid on contract work with the Louisiana Recovery School District.

Appel requested a determination as to whether his company may bid on work with the Recovery School District.

The Recovery School District was established by R.S. 17:1990 “to provide an appropriate education for children attending any public elementary or secondary school.” The district is funded with state and federal funds and is administered by the Louisiana Department of Education, subject to approval of the State Board of Elementary and Secondary Education (BESE).

The Louisiana Legislature, of which Appel is a member, passed R.S. 17:1990 and also appropriates funding for the Department of Education, BESE, and the Recovery School District.

In A Dec. 20 opinion, ethics board attorney Tracy Barker informed Appel that “the Code of Governmental Ethics would prohibit your company, if you own an interest greater than five percent, from bidding on or entering into a contract with the Louisiana Recovery School District.”

Barker added that state statute “prohibits a legislator and any person who has been certified by the secretary of state as elected to the legislature or the spouse of such person (or) any legal entity of (such) person from entering into any contract with state government.” (Emphasis ours.)

State government, Barker said, is defined as any branch, agency, department, or institution of state government. “The Louisiana Recovery School District was created by the legislature under the administration of the Department of Education, subject to the approval of BESE,” she said. “As such, the Louisiana Recovery School District is an agency of the Department of Education.”

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