Community TransHIT
Exhibit 02 · Request 25-197

The Threshold

Community Transit's Board of Directors never voted on the Tapia Productions contract. It did not have to. The award came in under the number that would have required them.

Every figure on this page is from one document: the agency's own August 1, 2019 memo to its Finance, Performance & Oversight Committee.

CEO can award up to
$150,000
per contract year
Award came in at
$120,000
per contract year
Under the line by
$30,000
80% of the limit
Board votes held
None
at award

June 13, 2019 — The award

On June 13, 2019 under the delegated authority of the Chief Executive Officer, Community Transit awarded a five-year contract RFP #2019-051, Web Developer Consulting Services to Tapia Productions, Inc. in the not to exceed amount of $120,000 per year.

The limit is measured per contract year. The contract was five years. At $120,000 a year that is $600,000 of public money, awarded without the Board voting on any of it.

FPOC memo, August 1, 2019, Status

Forty-nine days later

On August 1, 2019, Larry Olson and Ginny Justiniano write to the Finance, Performance & Oversight Committee.

Very quickly we realized that the level of effort and need for services under this contract are greater than anticipated and now will exceed the Chief Executive Officer's delegated contract award authority of $150,000 per contract year.

Seven weeks after signing, the work that fit inside $120,000 no longer fit inside $150,000.

FPOC memo, August 1, 2019

The budget was already there

The 2019 budget, adopted by the Board of Directors by Resolution 09-18 on December 6, 2018, contains sufficient budget to cover web consulting services for the current year. Resolution 05-19, which amended the 2019 budget, provides budget authority for multi-year web consulting services.

The money for multi-year web consulting had been appropriated before the memo asking for it was written.

The ask

That the Finance, Performance & Oversight Committee recommend that the Board of Directors authorize the Chief Executive Officer to negotiate and award contract amendments to Tapia Productions Inc. that will not exceed $300,000 in individual contract years.

Two and a half times the amount awarded. The Board is asked to approve the increase, having never been asked to approve the contract.

What the memo does not say

It does not mention that Tapia Productions is owned by the husband of a manager in the Information Technology department the contract serves. Community Transit had put that in writing to her almost two years earlier, on August 15, 2017, and told her it was grounds for discharge.

Ten weeks before this memo, on May 30, 2019, Phil Tapia signed Form 7.02 certifying under penalty of perjury that the work created no conflict of interest.

Read Exhibit 01, The Contract →

The documents

Original, exactly as Community Transit produced it. Nothing has been edited.

FPOC Memo: Award of RFP #2019-051
PDF · August 1, 2019 · Request 25-197
Form 7.02 Certification Regarding Conflict of Interest
PDF · May 30, 2019 · RFP#2019-051
Memo of Direction Regarding Conflict of Interest
PDF · August 15, 2017 · Request 25-197
PO Change Order, Not to Exceed
DOCX · June 4, 2021 · PO C2019336