Public Contracts (Office Of The City Manager)

Dan Rubins filed this request with the Office Of The City Manager of Benicia, CA.
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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,

I am acknowledging receipt of your PRA and have copied my City Clerk and City Attorney on this reply.

We will respond in compliance with our legal requirements.

Thank you.

Lorie Tinfow
City Manager
City of Benicia
250 East "L" St.
Benicia, CA 94510
707/746-4200

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From: Office Of The City Manager

Hi Mr. Rubins,

We are in the process of gathering the responsive records. At this point, it appears this will require a significant amount of time because we do not keep the agreements in one centralized place. We request that you grant us an extension of time for our compliance.

Thanks, Heather
Heather McLaughlin
City Attorney

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From: Dan Rubins

Ms. McLaughlin,

I truly appreciate the speedy acknowledgement by Ms. Tenfow as well as your rapid response. I also understand that this request may take some time to process.
I will follow up in a couple weeks to see if you can provide an estimate at that time. Thank you for your help.

Sincerely,

Dan Rubins

From: Office Of The City Manager

Hi!

You may recall that we spoke and you gave us an extension of time to answer. We should have our records to you next week.

Thanks, Heather

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From: Office Of The City Manager

Hello Dan,

This is a response to your request submitted on July 12, 2018 pursuant to the California Public Records Act ("CPRA"). "immediate access to all documents related to Any and all executed Public Contracts active During 7/12/2016 through 7/30/2018 received by the City of Benicia."

Your request has been made. All documents can be found by using the link found below. Please note that you have 1 Week to download these files before the link expires.

https://benftp.exavault.com/share/view/17hsy-9g22pvfi

If you have any questions please feel free to contact me.

Thank you,

Stacy Lawson
City Attorney's Office
250 East L Street
Benicia, CA 94510
slawson@ci.benicia.ca.us<mailto:dernst@ci.benicia.ca.us>
PH 707-746-4304
FX 707-746-1196

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