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Complete 2012 forensic audit documents - Kansas Bioscience ...

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John A. Marshall Company<br />

John A. Marshall Company is the office furniture supplier for KBA. There is a contract with<br />

KBA in October 2008 for $34,489.93 specifically for office furniture. However, there were<br />

additional purchases of $76,734.40 made with purchase orders rather than contracts.<br />

PGAV Architects<br />

PGAV Architects was the architecture firm selected to design the Venture Accelerator. They<br />

were paid both from UMB Bonds and the self-funded KBA Series 2009C Bonds. The contracts,<br />

signed by Michael A. Schaadt, began in September 2008 for $866,000. This amount was<br />

amended up to $1,182,000 when the building square footage adjusted upwards. There was a<br />

third amendment for an additional $56,980, and a fourth for $9,700, giving the final contracted<br />

amount for the Venture Accelerator of $1,248,680. Two additional contracts were signed in May<br />

2010 for $9,700 for architectural services and December 2010 for $12,650 for digital renderings.<br />

The self-funded portion paid with Series 2009C Bonds totaled $939,901. The remaining was<br />

paid through the UMB Bonds, and discussed in the <strong>Bioscience</strong> Park and Venture Accelerator<br />

section of this report.<br />

General Counsel<br />

KBA’s external counsel, which served as general counsel prior to the hiring of a general counsel,<br />

changed over time. KBA’s initial counsel was Stinson Morrison Hecker (“Stinson”) from mid-<br />

2005 through June 13, 2007. KBA paid Stinson $114,341.92. At the time of the drafting of this<br />

report, KBA could not locate an RFP or engagement letter with Stinson for their services. These<br />

finding is included in Exhibit 53 - Contract Exhibit A- Missing Contract Findings and in<br />

Exhibit 53 - Contract Exhibit B- RFP Findings.<br />

KBA used Polsinelli Shalton Flanigan Suelthaus, PC (“Polsinelli”) from March 2006 through<br />

May 2009, paying a total of $619,446.83. Contracts with Polsinelli relate to representation<br />

regarding <strong>Kansas</strong> <strong>Bioscience</strong> Park signed June 12, 2007, and representation regarding Douglas<br />

County Development, Inc., signed August 13, 2007. At the time of the drafting of this report,<br />

KBA could not locate a RFP or an engagement letter with Polsinelli for their general counsel<br />

services until June 12, 2007. This finding is included in Exhibit 53 - Contract Exhibit A-<br />

Missing Contract Findings and in Exhibit 53 - Contract Exhibit B- RFP Findings.<br />

KBA engaged Lathrop & Gage for general counsel/legal services in February 2009. They have<br />

paid a total of $462,112.13 to Lathrop & Gage.<br />

Office, Administrative and Auditing Expense<br />

BKD, LLP<br />

KBA has a contract with BKD who was engaged on April 11, 2011 for a Forensic Audit of KBA.<br />

The total paid to BKD through fiscal year ended June 30, 2011 includes retainers totaling<br />

$125,000 and a bill for $62,357.12. The second retainer of $100,000 was requested in June<br />

2011. At this time, policy dictates that a sole source justification form be approved and placed in<br />

the corporate files. This finding is included in Exhibit 53 - Contract Exhibit B- RFP Findings.<br />

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