(Benjamin, V.)
Code of Virginia
Title 2.2 – ADMINISTRATION OF GOVERNMENT.
Chapter 43 – Virginia Public Procurement Act.
§ 2.2-4309. Modification of the contract.
A. A public contract may include provisions for modification of the contract during performance, but no fixed-price contract may be increased by more than twenty-five percent of the amount of the contract or $50,000, whichever is greater, without the advance written approval of the Governor or his designee, in the case of state agencies, or the governing body, in the case of political subdivisions. In no event may the amount of any contract, without adequate consideration, be increased for any purpose, including, but not limited to, relief of an offeror from the consequences of an error in its bid or offer.
December 13, 2010
VIA EMAIL TO: Victoria.Benjamin@Richmondgov.com
Ms. Victoria Benjamin, General Counsel
Richmond Police Department
200 W. Grace St.
Richmond, VA 23220
Re: Towing Contract
Dear Ms. Benjamin,
Would you please reconcile these two statements for me (emphasis added):
1. “In its vote, the council took no position on a proposal to increase the standard towing rate from $65 to $95. The rate has been $65 since at least 1992. Marshall said he plans to increase the rate to $95 unless Jones directs otherwise.” –Richmond Times-Dispatch, April 13, 2010.
2. “… but as for what was presented by the media and everyone else after the vote took place, it was represented that the rate had changed to $95 with this contract. And, that’s what was printed by the Richmond Times-Dispatch and someone else as the vote that took place and everyone’s intent. So what had always been represented to the public was the $95 rate.” –Victoria Benjamin, November 15, 2010.
Thank you for your assistance.
Sincerely yours,
Attachments: Photo of newspaper excerpt
Links: http://cityhallreview.com/?p=4365
Copy: Council, Administration, Press
Essential to a well managed government is that information flows freely from both the citizens to the government and from the government to the citizens. Moreover, citizens expect and deserve a responsive government. –Mayor Dwight Jones
A few hours after Tuesday’s ruling, the Richmond Police Department’s general counsel sent out a departmentwide e-mail informing employees of Pustilnik’s ruling and directing officers not to enforce the ordinance until further notice.
via timesdispatch.com Reed Williams.
“I remember the forms and drafts being disseminated, however, implementation of the process has not been finalized,” the police department’s legal counsel, Victoria Benjamin, wrote in an e-mail Oct. 25 to Byron C. Marshall, the city’s chief administrative officer.
via styleweekly.com Scott Bass and Vernal Coleman .
Benjamin also would not say how the contract flaw came to light. However, West End resident C. Wayne Taylor has been challenging the legitimacy of the towing contract since the council voted 8-1 to authorize Marshall’s signature. Taylor said he stumbled across the issue, including what he regards as unjustified additional profits for Seibert’s, during council discussions.
via timesdispatch.com Will Jones.
November 11, 2010
VIA EMAIL TO: Suzette.Denslow@richmondgov.com, Chief of Staff
Honorable Dwight C. Jones, Mayor
City of Richmond
900 E. Broad St., Suite 201
Richmond, VA 23219
Re: Towing Rate
Dear Honorable Mayor,
Would you please confirm and reconcile the following chronological facts regarding the street-tow rate:
1. The Request For Proposals described the current rate as “Parking Ticket states $65.”
2. The Police Department attorney told City Council the current rate was $65.
3. The actual current rate was $45.
4. City Council approved a contract with a rate of $65.
5. Mr. Marshall stated he intended to raise the rate to $95.
6. Procurement Services told Mr. Marshall signing the contract makes the rate $65.
7. Mr. Marshall signed the contract with a rate of $65.
8. The parking ticket notation was changed to $95.
9. The towing company began charging $95.
10. The Police Department attorney said the law allowed the increase.
11. Mr. Marshall admitted no document implemented an increase.
Sincerely yours,
C. Wayne Taylor
Links: http://cityhallreview.com/category/subject/towing-fees/
Copy: City Council, Press
Essential to a well managed government is that information flows freely from both the citizens to the government and from the government to the citizens. Moreover, citizens expect and deserve a responsive government. –Mayor Dwight Jones
Richmond Commonwealth’s Attorney Michael Herring spoke Wednesday against the noise ordinance adopted by City Council in February, saying the law “is bad and needs to be stricken.”
styleweekly.com Don Harrison and Sara Dabney Tisdale.
Commonwealth’s Attorney Michael N. Herring said the city should “scrap” the ordinance and adopt one based on set decibel levels.
Richmond General District Chief Judge Robert A. Pustilnik said, “I am not crazy about most language in the statute.”
timesdispatch.com Reed Williams.
August 17, 2010
Mr. Taylor,
In response to your FOIA request included below – please be advised that the tow rate of $95 only refers to tows from public property owned by the City. As such, the $95 rate pertains to a contract term included in the City’s contract for “public tows” from public property. The Virginia Code allows local jurisdictions to contract and set contract terms for towing of public property – See VA Code § 46.2 -1217.
Victoria Pearson Benjamin, Esq.
General Counsel
Richmond Police Department
June 8, 2010
Hi Mr. Taylor,
This email is in response to your email to the Mayor in which you asked a total of 6 questions. For convenience purposes, I will include your questions along with their corresponding answers:
1. Do you intend to raise the parking violation towing fee from $65 to $95?
As of June 1st the parking violation towing fee increased to $95.
2. Do you intend to raise the disable/stolen vehicle towing fee from $75 to $95?
I will need to verify this rate and get back with you.
3. Do you intend to raise the abandoned vehicle towing fee to $95?
I will need to verify this rate and get back with you.
4. Is the potential additional annual revenue approximately $313,000?
The projected increase in revenue for the city if the standard tow (parking violation towing) rate is increased to $95 was $36,236, with an overall profit to the City projected at $215,000.
5. What portion will be given to Seibert’s Towing?
Under the new rate of $95, Seibert’s will receive $73 per tow.
6. Is the portion given to Seibert’s Towing a gift?
The portion Seibert’s receives is their fee for providing the service, i.e. the time involved, the gas, the truck, the insurance costs, the labor cost, licensure of the driver, securing the vehicle, etc.
I hope this email has addressed your questions. Please let me know if this prompts further questions.
Victoria Pearson Benjamin, Esq.
General Counsel
Richmond Police Department