Public Contracts (Office Of The City Manager)

Dan Rubins filed this request with the Office Of The City Manager of Elk Grove, CA.
Tracking #

RFI-18-150

Multi Request Public Contracts
Est. Completion Nov. 30, 2018
Status
Partially 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: Elk Grove Police Department

Good afternoon,

The Office of the City Clerk of the City of Elk Grove received your request for public records on July 26, 2018, and will act promptly to make the records available to you unless it is determined that an exemption within the California Public Records Act justifies nondisclosure of any of the records identified. Please note that nothing in the Public Records Act requires the City to create a log of documents exempt from disclosure (Haynie v. Superior Court (2001) 26 Cal. 4th 1061, 1073, 31 P.3d 760). The determination regarding any exemption of records will be made by the City Attorney pursuant to Government Code section 6253(d).

Given the volume of potentially responsive records, the City anticipates it may take up to three months to provide these records to you, and thus will be forwarding records on a "rolling" basis. We estimate the first batch of records will be available by August 6, 2018. If additional time is needed to identify and provide these records to you, you will be so notified.

While the City attempts to provide records in electronic format whenever possible to avoid the cost of duplication and mailing, should you request physical copies of any records, the City may require payment of fees covering direct costs of duplication, as authorized by Government Code section 6253(b), prior to the release of any copied records.

Please let me know if you have any questions or need additional information at this time. Please reference RFI-18-150 when inquiring about this item.

Brenda Haggard, CMC
Assistant City Clerk

City of Elk Grove
8401 Laguna Palms Way, 1st Floor
Elk Grove, CA 95758

*:916.627.3453 | 7:916.627.4400
*:bhaggard@elkgrovecity.org

www.elkgrovecity.org<http://www.elkgrovecity.org/>

________________________________

By sending us an email (electronic mail message) or filling out a web form, you are sending us personal information (i.e. your name, address, email address or other information). We store this information in order to respond to or process your request or otherwise resolve the subject matter of your submission.

Certain information that you provide us is subject to disclosure under the California Public Records Act or other legal requirements. This means that if it is specifically requested by a member of the public, we are required to provide the information to the person requesting it. We may share personally identifying information with other City of Elk Grove departments or agencies in order to respond to your request. In some circumstances we also may be required by law to disclose information in accordance with the California Public Records Act or other legal requirements.

From: Office Of The City Manager

Good morning - the attached response was provided on July 30, 2018. Pursuant to California's Public Records Act, agencies have 10 days in which to respond to requests made pursuant to the Act. The Elk Grove City Clerk's office did not receive your mailed request until July 26, 2018, requiring a response by August 5, 2018. Please direct future follow up requests and or additional requests for records to the Office of the City Clerk at 8401 Laguna Palms Way, Elk Grove, CA 95758. Alternatively, requests may be mailed to cityclerk@elkgrovecity.org.

Please let me know if you have any questions, or need additional information at this time.

Brenda Haggard, CMC
Assistant City Clerk

City of Elk Grove
8401 Laguna Palms Way, 1st Floor
Elk Grove, CA 95758

*:916.627.3453 | 7:916.627.4400
*:bhaggard@elkgrovecity.org

www.elkgrovecity.org<http://www.elkgrovecity.org/>

________________________________

By sending us an email (electronic mail message) or filling out a web form, you are sending us personal information (i.e. your name, address, email address or other information). We store this information in order to respond to or process your request or otherwise resolve the subject matter of your submission.

Certain information that you provide us is subject to disclosure under the California Public Records Act or other legal requirements. This means that if it is specifically requested by a member of the public, we are required to provide the information to the person requesting it. We may share personally identifying information with other City of Elk Grove departments or agencies in order to respond to your request. In some circumstances we also may be required by law to disclose information in accordance with the California Public Records Act or other legal requirements.

From: Dan Rubins

Brenda,
Thank you for the quick acknowledgement and detailed response! I understand this is a large request and will take some time to process; 3 months is perfectly acceptable and I am happy to receive the records in whatever format and delivery is convenient for your office.

If there is something particularly burdensome, like a 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 my request or even exclude a whole category of documents.

If, at any time, I can do something to assist or provide clarification, feel free to reach out via email here, or (415) 894-0240

Thanks,
Dan Rubins

From: Office Of The City Manager

Good afternoon,

As indicated in my response of July 30, the City is providing records responsive to your request on a rolling basis. Records released as Phase 1 of the response may be accessed via Dropbox at: https://www.dropbox.com/sh/lnodkxfd1f5u6kx/AACAyCq9Fgrd0n-_LY7N10cna?dl=0.

Additional records will be provided as indicated; the City estimates the next group of records will be available no later than September 30, 2018. If records are available prior to that date, they will be provided promptly; if additional time is needed, I will let you know.

Please let me know if you have any questions or need additional information at this time.

Thank you.

[cid:image001.png@01D41EAC.BCA2C8A0]

Brenda Haggard, CMC | Office of the City Clerk
Assistant City Clerk

City of Elk Grove
8401 Laguna Palms Way, Elk Grove, CA 95758
t 916.627.3453 | f 916.627.4400
TTY/TDD 888.435.6092
elkgrovecity.org<http://elkgrovecity.org/>

[cid:image003.png@01D41EA5.D9F77F60]<https://www.facebook.com/ElkGroveCity/?ref=aymt_homepage_panel> [cid:image004.png@01D41EA5.D9F77F60] <https://twitter.com/CityofElkGrove> [cid:image005.png@01D41EA5.D9F77F60] <https://www.instagram.com/cityofeg/>

________________________________

By sending us an email (electronic mail message) or filling out a web form, you are sending us personal information (i.e. your name, address, email address or other information). We store this information in order to respond to or process your request or otherwise resolve the subject matter of your submission.

Certain information that you provide us is subject to disclosure under the California Public Records Act or other legal requirements. This means that if it is specifically requested by a member of the public, we are required to provide the information to the person requesting it. We may share personally identifying information with other City of Elk Grove departments or agencies in order to respond to your request. In some circumstances we also may be required by law to disclose information in accordance with the California Public Records Act or other legal requirements.

From: Office Of The City Manager

Good morning,

The City of Elk Grove has identified additional records responsive to your request of July 26, 2018. These records may be accessed via Dropbox at: https://www.dropbox.com/sh/w7ewbslfwiq5e39/AADdweHKAj9_v-Zk3kfvOQMNa?dl=0. Please note that the City has withheld certain information pursuant to the exemption set forth in Government Code 6255.

Please note that nothing in the Public Records Act requires the City to create a log of documents exempt from disclosure (Haynie v. Superior Court (2001) 26 Cal. 4th 1061, 1073, 31 P.3d 760). The determination regarding the exemption of records was made by the City Attorney pursuant to Government Code section 6253(d).

Additional records will be provided as indicated; the City estimates the next group of records will be available no later than October 31, 2018. If records are available prior to that date, they will be provided promptly; if additional time is needed, I will let you know.

Please let me know if you have difficulty accessing the documents, if you have any questions or if you need additional information at this time.

Thank you,

[cid:image001.png@01D41EAC.BCA2C8A0]

Brenda Haggard, CMC | Office of the City Clerk
Assistant City Clerk

City of Elk Grove
8401 Laguna Palms Way, Elk Grove, CA 95758
t 916.627.3453 | f 916.627.4400
TTY/TDD 888.435.6092
elkgrovecity.org<http://elkgrovecity.org/>

[cid:image003.png@01D41EA5.D9F77F60]<https://www.facebook.com/ElkGroveCity/?ref=aymt_homepage_panel> [cid:image004.png@01D41EA5.D9F77F60] <https://twitter.com/CityofElkGrove> [cid:image005.png@01D41EA5.D9F77F60] <https://www.instagram.com/cityofeg/>

________________________________

By sending us an email (electronic mail message) or filling out a web form, you are sending us personal information (i.e. your name, address, email address or other information). We store this information in order to respond to or process your request or otherwise resolve the subject matter of your submission.

Certain information that you provide us is subject to disclosure under the California Public Records Act or other legal requirements. This means that if it is specifically requested by a member of the public, we are required to provide the information to the person requesting it. We may share personally identifying information with other City of Elk Grove departments or agencies in order to respond to your request. In some circumstances we also may be required by law to disclose information in accordance with the California Public Records Act or other legal requirements.

From: Office Of The City Manager

Good afternoon,

The City of Elk Grove has identified additional records responsive to your request of July 26, 2018. These records may be accessed via Dropbox at: https://www.dropbox.com/sh/vvqilpqbmw9onlx/AAARvJlX1sGLq0-BySHjXgpga?dl=0. Please note that the City has withheld certain information pursuant to the exemption set forth in Government Code 6255, 6254(k), and California Evidence Code section 954.

Please note that nothing in the Public Records Act requires the City to create a log of documents exempt from disclosure (Haynie v. Superior Court (2001) 26 Cal. 4th 1061, 1073, 31 P.3d 760). The determination regarding the exemption of records was made by the City Attorney pursuant to Government Code section 6253(d).

Additional records will be provided as previously agreed; the City estimates the next group of records will be available no later than November 30, 2018. If records are available prior to that date, they will be provided promptly; if additional time is needed, I will let you know.

Please let me know if you have difficulty accessing the documents, if you have any questions or if you need additional information at this time.

Thank you,

[cid:image001.png@01D41EAC.BCA2C8A0]

Brenda Haggard, CMC | Office of the City Clerk
Assistant City Clerk

City of Elk Grove
8401 Laguna Palms Way, Elk Grove, CA 95758
t 916.627.3453 | f 916.627.4400
TTY/TDD 888.435.6092
elkgrovecity.org<http://elkgrovecity.org/>

[cid:image003.png@01D41EA5.D9F77F60]<https://www.facebook.com/ElkGroveCity/?ref=aymt_homepage_panel> [cid:image004.png@01D41EA5.D9F77F60] <https://twitter.com/CityofElkGrove> [cid:image005.png@01D41EA5.D9F77F60] <https://www.instagram.com/cityofeg/>

________________________________

By sending us an email (electronic mail message) or filling out a web form, you are sending us personal information (i.e. your name, address, email address or other information). We store this information in order to respond to or process your request or otherwise resolve the subject matter of your submission.

Certain information that you provide us is subject to disclosure under the California Public Records Act or other legal requirements. This means that if it is specifically requested by a member of the public, we are required to provide the information to the person requesting it. We may share personally identifying information with other City of Elk Grove departments or agencies in order to respond to your request. In some circumstances we also may be required by law to disclose information in accordance with the California Public Records Act or other legal requirements.

From: Office Of The City Manager

Good afternoon,

The City of Elk Grove has identified additional records responsive to your request of July 26, 2018. These records may be accessed via Dropbox at: https://www.dropbox.com/sh/ixov9kgnldedkzi/AAC0uGctZMT9RQg2plT53wdda?dl=0. Please note that the City has withheld certain information pursuant to the exemption set forth in Government Code 6255.

Nothing in the Public Records Act requires the City to create a log of documents exempt from disclosure (Haynie v. Superior Court (2001) 26 Cal. 4th 1061, 1073, 31 P.3d 760). The determination regarding the exemption of records was made by the City Attorney pursuant to Government Code section 6253(d).

This is the fourth production of records responsive to your request, with previous productions provided on August 29, 2018; September 19, 2018; and October 22, 2019. Additional records will be provided as previously agreed; the City estimates the next group of records will be available no later than November 30, 2018. If records are available prior to that date, they will be provided promptly; if additional time is needed, I will let you know.

Please let me know if you have difficulty accessing the documents, if you have any questions or if you need additional information at this time.

Thank you,

[cid:image001.png@01D41EAC.BCA2C8A0]

Brenda Haggard, CMC | Office of the City Clerk
Assistant City Clerk

City of Elk Grove
8401 Laguna Palms Way, Elk Grove, CA 95758
t 916.627.3453 | f 916.627.4400
TTY/TDD 888.435.6092
elkgrovecity.org<http://elkgrovecity.org/>

[cid:image003.png@01D41EA5.D9F77F60]<https://www.facebook.com/ElkGroveCity/?ref=aymt_homepage_panel> [cid:image004.png@01D41EA5.D9F77F60] <https://twitter.com/CityofElkGrove> [cid:image005.png@01D41EA5.D9F77F60] <https://www.instagram.com/cityofeg/>

________________________________

By sending us an email (electronic mail message) or filling out a web form, you are sending us personal information (i.e. your name, address, email address or other information). We store this information in order to respond to or process your request or otherwise resolve the subject matter of your submission.

Certain information that you provide us is subject to disclosure under the California Public Records Act or other legal requirements. This means that if it is specifically requested by a member of the public, we are required to provide the information to the person requesting it. We may share personally identifying information with other City of Elk Grove departments or agencies in order to respond to your request. In some circumstances we also may be required by law to disclose information in accordance with the California Public Records Act or other legal requirements.

Files