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Queen Mary Fallout: City Auditor Blames Poorly Written City Lease, Poor City Mgm't Oversight And Poor Paperwork By Ship's Lessee/Operator/Subcontractors For Questionable City Payments; Doesn't Mention Mayor Garcia Praising Transaction Or Council Vote (Price Dissenting) That Approved Enabling Lease

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(Nov. 15, 2021, 2:45 p.m.) -- Long Beach City Auditor Laura Doud hired an outside accounting firm to analyze financial transactions and activity between the City its now-former (bankrupt) Queen Mary lessee Urban Commons and on that basis has issued a report concluding that poorly written aspects of a City lease with the Queen Mary operator, combined with missing payment information, excessive subcontractor markups and management fees, items purchased not for urgent and critical repair projects, lack of vetting subcontractors and a competitive bidding process; and lack of consistency regarding scopes of work and subcontractor invoices" resulted in now questionable city payments to the ship's operator and some of its subcontractors.

The net effect has left 20 of 27 Queen Mary urgent repair projects uncompleted with a last-estimated cost of roughly $23 million.

The Auditor's report also acknowledges that city taxpayers spemt roughly $2.4 million to date to cover payments on a debt bond (that put city funds at risk) as part of the City's lease transaction.

The Auditor's report doesn't fault - or even mention -- any city elected official by name: Mayor Garcia (whose 2020 State of the City message hailed the transaction); Councilmembers who voted to approve the lease (over dissent by Councilwoman Suzie Price); or City Attorney Charles Parkin (now poised to retire) whose office drafted the lease.

"As the City agreed to provide $23 million in upfront funds for capital repairs and renovations to the Queen Mary, the City’s funds were at risk. When City funds are used, it is important they are safeguarded to the highest level to ensure they are spent appropriately and as effectively as possible. This means that accepted best practices and the City’s own purchasing policies should be applied to those transactions. The lease agreement with Urban Commons did not reflect these high standards and requirements. For the urgent and critical repair projects the proper vetting, competitive bidding, detailed scopes of work, proper documentation for invoicing, and review of costs and project details are all essential controls that should have been in place so that the City could be confident that its funds were spent as intended. This was not the case," Doud's report states.

"The lease agreement does not address markups that can be billed by subcontractors for work performed on the repair projects. City staff stated that it is typical for subcontractors to add markups to invoices and that they approved the markups. However, the City did not provide specifics on a limit for an acceptable markup percentage, what type of work was eligible for markups, or when markups could be charged. There were multiple instances where markups seemed excessive," her report adds.

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City Auditor Doud also doesn't fault any non-elected city management officials by name, including those involved in negotiating the transaction and senior management that publicly urged the City Council to approve the lease.

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In her release, City Auditor Doud says "We know the City paid more than necessary for some of the projects due in part to the excessive markups and management fee...We cannot tell in detail how much or where all the repair money went due to a combination of missing payment information from Urban Commons and subcontractors and the lack of detail in subcontractors’ vague invoices breaking down labor and material costs. We do know that only seven of the 27 repair projects were completed and that a lack of sufficient management oversight contributed to these problems. The City’s funds were at risk, because the City used its own cash as well as City issued bonds for the $23 million in upfront funds and ultimately ended up making the bond payment for $2.4 million when it came due last year since revenues expected to fund this payment were not realized."

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In a written response to the Auditor's report, City Manager Tom Modica defends the City's continued use of so-called "public private partnerships" as "effective at "creating strong partnerships with private and non-profit entities at other assets like the Convention Center, Aquarium, ranchos and museums" but acknowledges that "history has shown over the past 40 years that a new model is warranted" for the Queen Mary. "As directed by the City Council on September 14, 2021, the City Manager is actively negotiating a new operating model for the Queen Mary with the Executive Director of the Harbor Department which will incorporate City Auditor recommendations."

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City Auditor Doud, elected in 2006, is LB's longest serving elected official. In 2009, 2010 and 2011 her office performed audits and issued reports on the City's prior-Queen Mary lessee ("Save the Queen") for ship capital improvements but in the near-decade that followed -- from 2011 until now in 2021 -- Doud's office performed no similar reports on Queen Mary capital improvements or the ship's deteriorating conditions under subsequent lessee Urban Commons. .

In late 2016, City Auditor Doud, with the support of 3rd dist. Councilwoman Suzie Price, offered to review the 2016 city management proposed lease with Urban Commons prior to Council approval. Auditor Doud noted it was a complex transaction and a complex lease but didn't cite the ship's deteriorating condition [although the City had a 2016 marine survey in hand detailing costly needed repairs.] . The Council majority declined Doud's offer and voted to enter into the 2016 lease transaction (6-1, Price dissenting, Richardson and Gonzalez traveling in China.)

By mid-2019, monthly reports by city's decades-long Queen Mary inspector/professional engineer, Ed Pribonic, had percolated into public view, detailing concerns over the ship's condition. Mr. Pribonic's critical views irked city management, which sought to mute his public criticism by citing "confidentiality" verbiage in his city contract. When that didn't work, city management retained an engineering firm frequently used by the City (Moffit and Nichol) to "review" Mr. Pribonic's reports. In Dec. 2019 city management ended Mr. Pribonic's contract with the city. (To LBREPORT.com's knowledge, no city official has publicly denied the accuracy of Mr. Pribonic's monthly inspection reports.)

In December 2019 (after city management alleged that Urban Commons hadn't fully performed certain of its lease obligations), City Auditor Doud began her audit focusing on Urban Commons.


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