[nfbmi-talk] Fw: FOIA Response to Request for Information on Contract Between BSBP/LARA, Perkins & FCC

Christine Boone christineboone2 at gmail.com
Mon Oct 28 22:34:41 UTC 2013


Dear Marcus: This represents yet another outrage, just when I thought we had seen it all.  You are asking for one single contract, that was mentioned by the Bureau director in his report before the NFB convention.  In response you are told that the BSBP needs to "research" the number of staff hours it will take to gather the document and send it to you.  I am guessing that this will cost hundreds of dollars if recent history is any indication.  

Please take this email chain to both your State Representative and State Senator.  They need to know that this kind of unlawful activity is happening, for yes it is indeed unlawful.  The BSBP used public funds to enter into a public contract to benefit persons who are deaf-blind in Michigan.  Not only did the Bureau director fail to identify any services being provided under the "I Can Connect Program", but the contract cannot be provided without the Bureau's undertaking significant research just to know how much it will cost to locate said contract.  

Also for the record, this does not require a Freedom of Information Request.  You should have needed only to ask Mr. Rodgers verbally at the convention, which you did.  According to the Congressional intent underlying the federal law that Ed Rodgers is charged with fulfilling in Michigan, you should have been given the contract in an accessible format as soon as he returned to the office on Monday October 21.  
 
Thank you for sharing this information with us.  

Christine


 , 
On Oct 28, 2013, at 4:22 PM, "Marcus Simmons" <president at map-n.org> wrote:

> As the sands pass thru the hourglass.
> ----- Original Message ----- 
> From: Haynes, Carla (LARA) 
> To: president at map-n.org 
> Cc: Rodgers, Edward (LARA) ; Luzenski, Sue (LARA) ; Pemble, Mike (LARA) ; Belknap, Katie (LARA) ; Jones, Leamon (LARA) ; Gaston, Diamalyn (LARA) ; Duell, Elsie (LARA) 
> Sent: Monday, October 28, 2013 3:04 PM
> Subject: FOIA Response to Request for Information on Contract Between BSBP/LARA, Perkins & FCC
> 
> 
> October 28, 2013
> 
> 
> 
> Mr. Marcus Simmons
> 
> E-mail: president at map-n.org
> 
> 28179 Brentwood
> 
> Southfield, MI  48076-3069
> 
> 
> 
> Re:  FOIA Response to Request for Information on Contract between LARA/BSBP, Perkins School for the Blind and the FCC
> 
> 
> 
> Dear Mr. Simmons:
> 
> 
> 
> This email is in response to your October 21st, 23rd & 27th, 2013, email requests for information.  Please be advised that the Bureau of Services for Blind Persons is combining these requests and processing them under the state's Freedom of Information Act (FOIA), MCL 15.231 et seq.  This request was received by this office on October 22, 2013.
> 
> 
> 
> You have requested information as described in your emails (which are also below) as:
> 
> "..Apparently, Perkins renegotiated the contract with LARA earlier this year and signed the agreement in April of 2013.  However, in July of 2013, Perkins refused to pay for services and directed providers to seek their money from BSBP.  Therefore, I am requesting a copy of that contract."
> 
> 
> 
> (Description from email of 10-23-13): "I am writing you today to request a copy of the contract between the Perkins School for the Blind and DSBP concerning obligations in the "I Can Connect" program in which you alluded to in your comments on Saturday at the NFBMI State Convention."
> 
> 
> 
> (Description from email of 10-27-13): "I am writing you today for the third time to request a copy of the contract between the Perkins School for the Blind and DSBP concerning obligations in the "I Can Connect" program in which you alluded to in your comments on Saturday, October 19, 2013 at
> 
> FOIA Response - M. Simmons
> 
> October 28, 2013
> 
> Page 2 of 2
> 
> 
> 
> the NFBMI State Convention. The audio clip is attached for your recollection."
> 
> 
> 
> In order to determine the extent of the research time, the size and number of records of nonexempt information within BSBP responsive to your request, a search must be undertaken.  For this reason, it is necessary to extend the time for response, as permitted by Section 5(2)(d) of the FOIA, through November 12, 2013, for your request.
> 
> 
> 
> If it is determined that there is a cost involved in the processing of this request, you will be sent an email which will include an invoice outlining that cost (before or no later than November 12, 2013).  This email may either request a deposit (if the cost is over $50.00) or request payment of the total cost if the amount is under $50.00.
> 
> 
> 
> Please note that nothing within the federal American with Disabilities Act (ADA ), Section 504 of the Rehabilitation Act of 1973 (RA), as amended, or the state's FOIA (MCL 15.231 et seq.) requires a public body to process FOIA requests free of charge.  Further, while the ADA and Section 504 of the RA may mandate that, upon request, material be produced in an accessible format without charge, neither the ADA or Section 504 of the RA preclude a public body from charging costs under the state's FOIA. Thusly, please note that no labor fee charges have been, or will be, assessed to convert existing, nonexempt public records responsive to your requests into an accessible format to forward to you.
> 
> 
> 
> Sincerely,
> 
> 
> 
> Carla Miller Haynes, FOIA Coordinator
> 
> Bureau of Services for Blind Persons
> 
> 
> 
> Attachments - 3:  Email Requests for Information
> 
> 
> 
> cc:     Edward F. Rodgers II, Sue Luzenski
> 
>          Mike Pemble, Katie Belknap
> 
>          Jones, Leamon, Elsie Duell
> 
> 
> 
> From: Marcus Simmons [mailto:president at map-n.org] 
> Sent: Monday, October 21, 2013 8:37 AM
> To: Rodgers, Edward (LARA)
> Subject: I Dan Connect contract
> 
> Dear Mr. Rodgers,
> 
> I have been advised from two sources on the progress of the "I Van Connect" program., from you and Senator Gregory. In both statements it was alluded to a signed contract between both parties.
> REF.:
> 
> "Senator Gregory was advised that the program is offered through the Federal Communication Commission (FCC) and is part of a 3 party contract between the Bureau of Services for Blind Persons (BSBP) in LARA, the Perkins School for the Blind (Perkins) and the FCC.  The contract calls for Perkins to expend funds for all program costs and to then seek reimbursement from BSBP.  BSBP then submits the information to the FCC, and they send the funds to LARA to pay Perkins.  It is a grant program through the FCC which Perkins agreed to.  
> 
> Apparently, Perkins renegotiated the contract with LARA earlier this year and signed the agreement in April of 2013.  However, in July of 2013, Perkins refused to pay for services and directed providers to seek their money from BSBP."
> 
> Therefore, I am requesting a copy of that contract.
> 
> Changing what it means to be blind,
> Marcus Simmons, President,
> Wayne County chapter NFBMI
> 28179 Brentwood
> Southfield, MI 48076-3069
> president at map-n.org
> (248) 552-8928
> 
> 
> 
> 
> 
> From: Marcus Simmons [mailto:president at map-n.org] 
> Sent: Wednesday, October 23, 2013 4:03 PM
> To: Rodgers, Edward (LARA)
> Cc: Luzenski, Sue (LARA)
> Subject: request a copy of contract between Perkins School for the Blind and DSBP FOIA ada 504 I Can Connect
> 
> 
> 
> Dear Mr. Rodgers, Edward (LARA), 
> 
> 
> 
> I am writing you today to request a copy of the contract between the Perkins School for the Blind and DSBP concerning obligations  in the "I Can Connect" program inwhich you alluded to in your comments on Saturday at the NFBMI State Convention.
> 
> 
> 
> Changing what it means to be blind,
> Marcus Simmons, President,
> Wayne County chapter NFBMI
> 28179 Brentwood
> Southfield, MI 48076-3069
> president at map-n.org
> (248) 552-8928
> 
> 
> 
> 
> 
> From: "Marcus Simmons" <president at map-n.org>
> To: "Rodgers, Edward (LARA)" <rodgerse at michigan.gov>
> Cc: "Luzenski, Sue (LARA)" <LuzenskiS at michigan.gov>, "nfbmi-talk at nfbnet.org" <nfbmi-talk at nfbnet.org>
> Subject: Third request for a copy of contract between Perkins School for the Blind and DSBP 
> 
> Dear Mr. Rodgers, Edward (LARA),
> 
> I am writing you today for the third time to request a copy of the contract between the Perkins School for the Blind and DSBP concerning obligations  in the "I Can Connect" program inwhich you alluded to in your comments on Saturday, October 19, 2013 at the NFBMI State Convention. The audio clip is attached for your recollection.
> 
> If I don't hear from you, I will assume that no contract exists. If this is the case, the information I received from Perkins is correct indicating the only support they provide is "some services in Michigan (database and equipment procurement)" and that is all.
> 
> Maybe the source of funds comes from subcontracted fund manager, RLSA of Pennsylvania or somewhere else.
> 
> This needs to be resolved immediately.
> In any case, why hold the clients hostage. Maybe you should consider using some of the roll-over funds from last year to complete your obligation, therefore not tying up earmarked funds to replace the grant money, since this is a temporary situation and the funds will be restored shortly.
> 
> I expect to hear from you promptly on this matter.
> 
> Cordially,
> Marcus Simmons - President
> ASE Certified Technician
> Motown Automotive Professionals nonprofit
> A 501(C)(3) Public Charity
> 55390 Lion Industrial Drive
> New Hudson, MI 48165-8544
> (248) 552-8928
> See our story at:
> http://www.carcrazycentral.com/Video.aspx?VideoID=306
> And get more information at:
> http://www.map-n.org
> Email: president at map-n.org<mailto:president at map-n.org>
> 
> 
> 
> 
> 
> Carla Miller Haynes
> 
> LARA Bureau of Services for Blind Persons (BSBP)
> 
> 201 N. Washington Square, 2nd Floor
> 
> P.O. Box 30652
> 
> Lansing, MI  48909
> 
> Telephone:  517-373-2063 or Toll-Free 1-800-292-4200
> 
> Fax:  517-335-5140
> 
> 
> 
> www.michigan.gov/bsbp
> 
> 
> <FOIA Response - Perksins Contract- Extension Taken.docx>_______________________________________________
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