Public Contracts (Office Of The City Manager)

Dan Rubins filed this request with the Office Of The City Manager of Anaheim, CA.
Due Aug. 8, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Dan Rubins

To Whom It May Concern:

I. Background Information

Contract administration is frequently a source of concerning behavior in the public sector. For example:
- In the aftermath of Hurricane Maria, a company with only two employees (Whitefish Energy) was hired hired by PREPA, Puerto Rico's public utility company, to restore power to the island at a cost of $300M. The contract had audit-proofing clauses and left little recourse for PREPA due to nonperformance. After 8 months, Puerto Rico did not have power fully restored and now Congressional and FBI investigations are pending.
- During an internal audit of the City of San Diego's contracting practices, the contract with office products supplier Staples was found to exceed the City Council's approved $2M annual threshold by a full $1M. Auditors found found insufficient financial controls and produced a further 60 pages of recommendations.
- The US Defense Contract Audit Agency (DCAA) found sustained exceptions for incurred costs audits 28.6% of the time in its 2017 Report to Congress.
- From 2010 to 2013, a Maryland Transit Authority employee allegedly used poor contracting oversight to siphon $6.3M from the state coffers.
- The City of Vallejo, CA was recently the victim of an alleged contracting kickback scheme run by the city's landscape maintenance manager, only uncovered in an FBI investigation. The kickback scheme occurred only a few years after the city was in Chapter 9 bankruptcy because of ballooning contractual obligations.
- In recent years, officials in the southern California cities of Bell, Irwindale, La Puente, Monterey Park, Pico Rivera, Temple City, and Vernon have been brought up on various public corruption charges.

While the vast majority of public contracting is done with integrity, bad actors and a lack of public knowledge have a disproportionate effect on the fiscal wellbeing and public trust of every level of government.

II. Requested Records

Pursuant to the { law }, I hereby request the following records:

1. Any and all executed contracts, memorandums of understanding (MOUs), and other equivalent agreements that are currently active, or were active within the last two years, other than standard employee agreements. Please provide a copy of the executed document as well as any addenda, amendments, attachments, exhibits, materials, and schedules.

2. Any and all contract template documents, for example, employee agreements, vendor agreements, master services agreements, nondisclosure agreements, or interagency cooperation contracts.

3. General policies and procedures for contract administration, including training materials and records used to instruct members of your agency in contract administration.

4. Any available process narratives, audit reports, or findings regarding contract administration covering the last two years.

I am happy to discuss any issues or suggestions to make fulfillment more manageable for your office.

III. Fees

If there are any fees for searching or copying these records, please inform me in advance of fulfilling the request.

I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public's understanding of how governments manage public money and the obligations to which they are entrusted.

Neither I, nor my company (Legal Robot), has any commercial interest in obtaining the requested information. Rather, we intend to use software to analyze and disseminate the requested information free of charge so that the public may identify patterns of bad behavior that, when eliminated, will benefit governments and the public alike.

We plan to enrich and cross-link the information we receive from multiple jurisdictions, and provide an exploratory interface for the public on the internet, for free. Because we consider this work to be Data Journalism, and we further expect to provide our analysis to other media organizations for additional print and online publication, I ask to be categorized as a representative of the news media. Upon request, I am happy to provide our analysis and any articles we write based on our analysis in advance of publication, though I cannot speak for other media outlets.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Dan Rubins

From: Office Of The City Manager

Mr. Rubins,

The City is in receipt of your below request for records. As submitted, your request is extremely broad in regards to scope and could net thousands of pages of responsive records. Please narrow the scope your request for contracts. Possible narrowing could be by subject matter and/or to those executed within the last two years.

Upon receipt of your clarifying information, the City will respond to your request within 10-days in accordance with Government Code §6253(c).

Please contact me if you have any questions or need additional assistance.

Sincerely,

Jennifer L. Hall, CMC
Records and Information Manager
Office of the City Clerk
City of Anaheim
714-765-5166
[cid:image001.jpg@01CE9425.67B63BE0]
To learn more about Anaheim's
kindness initiatives, visit
anaheim.net/kindness<http://www.anaheim.net/kindness>

From: Dan Rubins

Ms. Hall,
Thank you for the quick acknowledgement! I understand this is a large request and I want to be sure we do not place undue burden on your office.

1. Let's limit the scope of part 1 to contracts/agreements/MOUs/etc. executed in the last 12 months. After I and my team work through these documents, I'll submit additional requests for other dates *only* if necessary. We are looking at the legal language of documents, so plans, drawings, price lists or other things without legal terms are not necessary, if that helps narrow the request. Also, if there seem to be categories of highly repetitive documents other than standard employee agreements, please let me know and we can see if an existing template or a significantly limited request will be sufficient for our work.

2. With templates, I am looking for documents like standard employee agreements instead of requesting a high volume of repetitive documents. Please limit part 2 to documents that were actually used in the last 12 months, if that helps.

3. Please exclude presentations, transcripts, and any audio or video recordings. Here, I am looking for the written policies, procedures, and instructions that get used in Contract Administration.

4. Documents like process narratives, audit reports, and findings are important for this work, but presumably these documents are a small portion of the request.

If there is something particularly burdensome, like a particular type of search, or redacting personally identifiable information across a document type, please let me know. With just some limited detail, I am happy to see if there is another way to frame the request or even exclude a whole category of documents.

I truly appreciate your assistance and look forward to your reply.

Thanks,

Dan Rubins

From: Office Of The City Manager

Mr. Rubins,

Thank you for providing narrowing/clarification below. The City will respond to your request within 10-days in accordance with Government Code §6253(c).

Please contact me if you have any questions or need additional assistance.

Sincerely,

Jennifer L. Hall, CMC
Records and Information Manager
Office of the City Clerk
City of Anaheim
714-765-5166
[cid:image001.jpg@01CE9425.67B63BE0]
To learn more about Anaheim’s
kindness initiatives, visit
anaheim.net/kindness<http://www.anaheim.net/kindness>

From: Office Of The City Manager

Mr. Rubins,

The City has identified records responsive to your request. Polices regarding Contract Administration can be found on the City’s webpage: http://www.anaheim.net/1920/City-Clerk-Bookshelf. Relevant policies include the City Charter, Administrative Regulations No. 110 and 120, and Council Polices 4.0 and 4.1.

I’ve attached a list of agreements/contracts executed in the last 12 months. Please review and determine if you would like to obtain copies of all contracts or if you can further narrow your production request. Paper copies are $0.20/page or a CD can be provided, upon payment of the applicable copy charges as outlined on the attached invoice. Please contact me to make arrangements for payment and production of the records. The City accepts cash, check, or money order which can be mailed or brought to:

Office of the City Clerk
200 S. Anaheim Blvd. Suite 217
Anaheim, CA 92805

The City Clerk’s office also accepts Visa/Mastercard in person or via phone.

Please note that certain records or portions thereof that are otherwise responsive may be withheld from production or redacted if the information they contain falls within exemptions to the Public Records Act including, without limitation, the following:

· The records consist of notes and/or drafts (Government Code §6254(a); and/or

· The records are subject to the public interest exemption (Government Code §6255).

Please contact me if you have any questions or need additional assistance.

Sincerely,

Jennifer L. Hall, CMC
Records and Information Manager
Office of the City Clerk
City of Anaheim
714-765-5166
[cid:image001.jpg@01CE9425.67B63BE0]
To learn more about Anaheim’s
kindness initiatives, visit
anaheim.net/kindness<http://www.anaheim.net/kindness>

From: Dan Rubins


To Whom It May Concern:

Please find enclosed a check for $13.50 to satisfy the fee associated with the attached public records request.

Thank you.

From: Dan Rubins

Thank you so much for your help with this request! I just sent payment.
Best,
Dan Rubins

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