Public Contracts (Office Of The City Manager)

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

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,

This email is in response to your Public Records Act request below. Please excuse the delay in my response. I initially calendared the response due date based on when I received notice of your request (instead of the date of original receipt) and then I was out of the office for a few days unexpectedly.

The City of Davis is in the process of compiling the records responsive to your request. Due to the large scope of your request, we are compiling records executed within the last two years. Records that have been compiled so far that are available in electronic format have been uploaded to Dropbox at: https://www.dropbox.com/sh/u1q7t442vlsjzwe/AAC6Ul-6ohp9RGizT3pDJOdGa?dl=0

We expect to finish compiling the records by August 31, 2018. Attached are the City's current agreement templates for professional services and construction contracts. The City's current labor MOUs are available on the City's website at:
https://cityofdavis.org/city-hall/human-resources/memorandums-of-understanding-mous

I will follow-up with you when we finish compiling the contracts as to the applicable copy charges for the contracts that the City only has in hard copy. The City reserves the right to request a deposit before proceeding with copying such contracts.

If you have any questions in regards to this response, please contact me directly at zmirabile@cityofdavis.org<mailto:zmirabile@cityofdavis.org> or (530) 757-5648.

Sincerely,

Zoe Mirabile
City Clerk
City of Davis
23 Russell Blvd., Ste. 1
Davis, CA 95616
(530) 757-5648
zmirabile@cityofdavis.org<mailto:zmirabile@cityofdavis.org>
www.cityofdavis.org<http://www.cityofdavis.org>

From: Dan Rubins

Thanks so much for your help with this request! I really appreciate it. I understand if the remainder of the request takes a while to finish, just let me know if you need more time.
Sincerely,
Dan Rubins

From: Dan Rubins

Thanks for the previous delivery of 331 contracts, plus the contract templates. I haven't heard anything more since the email on July 27th, so I'll assume this is complete and mark it as closed on my side. If there are more documents pending, please let me know.

I sincerely appreciate the transparency and how quickly you responded to this request.

Sincerely,
Dan Rubins

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