Rejection of firm rankles county judge

Wanted ‘stellar’ company for fund-linked hazard mitigation plan, he says

PINE BLUFF -- Jefferson County Judge Dutch King said he is frustrated with Quorum Court members after they failed to hire a "highly recommended" emergency preparedness firm last week to create a hazard mitigation plan for the county.

The county judge said delays in getting a plan submitted to the Federal Emergency Management Agency could affect future funds that the county receives to help prepare for disasters.

Mitigation plans are designed to "form the foundation for a community's long-term strategy to reduce disaster losses and break the cycle of disaster damage, reconstruction and repeated damage," according to FEMA.

Counties are required to develop such plans every five years to be eligible for grants used for such things as constructing safe rooms in schools, churches and homes.

A motion to waive the competitive bidding process and hire the Witt/O'Brien's firm in Washington, D.C., was met with concern from several justices of the peace at the Quorum Court meeting last Monday, and the vote was ultimately tabled until the body meets again on Aug. 11.

Justice of the Peace Delton Wright said he "didn't like not putting this out on bids," and Justice of the Peace Conley Byrd asked about other firms qualified to create such plans.

King said that while several firms are capable of doing the job, he and other county officials proposed hiring Witt/O'Brien's because of its "stellar reputation in this business."

"There was no impropriety here. We just want the best possible firm we can get because this can open up so many avenues for us to get money for disasters," King said.

Witt/O'Brien's was co-founded by former FEMA Director and 4th Congressional District candidate James Lee Witt. A spokesman for the campaign of Witt, a Democrat from Arkansas, said he stepped down as CEO in 2011 and "has not been involved with the daily operations of the company since that time."

Jefferson County Office of Emergency Management Coordinator Karen Blevins said she also recommended hiring Witt/O'Brien's because of the company's experience.

"The plans are very complicated, and we trust the Witt/O'Brien's firm's experience and knowledge to create a great plan for us," she said.

Putting a contract for a hazard mitigation plan out for bids means the county would have to hire the lowest bidder, something Blevins and King said may not be in the best interest of the county.

"If FEMA finds issues with the plan that's submitted, it has to be revised and sent back, and all of that can take months," Blevins said. "But when you deal with a firm that has a great reputation, you know you can trust them to do it right the first time."

Blevins also addressed another concern raised at the Quorum Court meeting -- the origins of a $41,000 grant that Jefferson County received through the Arkansas Department of Emergency Management to help pay for the plan.

She said she contacted Witt/O'Brien's to ask a "few questions" while composing the grant, but "I wrote it myself. I did get some technical assistance from Witt/O'Brien's with generic wording. That's all."

King said he expects the Quorum Court to vote in August to start the bidding process, though competitive bidding isn't required for professional services under Arkansas law.

Arkansas Code Annotated 19-11-802 (c)2 states that competitive bidding shall not be used "for the procurement of legal, financial, advisory, architectural, engineering, construction management and land surveying professional services."

Further, the code states that other professional services are exempt from the competitive bidding process as long as a two-thirds majority of the governing body approves the measure.

Cleveland County Judge Gary Spears said he agrees with King and Blevins about hiring a firm with a good reputation, but he said he understands why some Quorum Court members would want to put the process out for bids.

Like Jefferson County, Cleveland County is formulating a new hazard mitigation plan.

"Money is tight for everyone right now, and justices want to make sure that every penny that can be saved is saved. It is a painful time for many counties financially," Spears said, noting that he wasn't sure yet whether his county would take bids from firms for a new mitigation plan or hire one outright.

"On the other hand, I have to agree that there are certain firms with more expertise that can get things right through to FEMA for approval. ... If you take a low bid, and if that firm leaves a few words out or forgets to add something, it can take months to revise it and send it back. That can be really frustrating."

Jefferson County Justice of the Peace Ted Harden said he has mixed feelings about the issue. Harden said the proposal to hire Witt/O'Brien's was added to last Monday's meeting "in a rush," and "a lot of times that stirs concerns. There is nothing wrong with doing it that way, but it gives appearance of rushing an issue through.

"Second, I think it would give a better appearance to the general population if the bidding process was adhered to. I do not think there is anything illegal about handling it the way the [county] judge wanted to. In the past, we have done this without taking bids."

State Desk on 07/21/2014

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