Public Contracts (Office Of The City Manager)

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

C002071-081718

Multi Request Public Contracts
Est. Completion None
Status
Fix Required

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

Good Afternoon,

Please access the City of Long Beach's new Public Records Request (PRA) website in the attached link to create an account and submit all PRA requests to the City of Long Beach. You may upload the attachment within the assigned PRA account when submitting the request. The City's new PRA website launched in November 2017.

https://longbeachca.govqa.us/WEBAPP/_rs/(S(tnwwy3axb05qbnhwp5mxax2b))/supporthome.aspx

Thank you

Ronnie S. Romero
Administrative Analyst

City of Long Beach | Office of the City Manager
333 W. Ocean Blvd., 13th Floor
Long Beach, CA 90802
(562) 570-6216
ronnie.romero@longbeach.gov<mailto:ronnie.romero@longbeach.gov>

From: Office Of The City Manager

Dear Dan Rubins,
Thank you for registering with the Long Beach Public Records Center.
Your Login ID is:  requests@muckrock.com
If you did not submit your request through the public portal but are receiving this e-mail, an account has been created for you where you can track and monitor the status of your request, and receive any documents in response to your request.
If you have never used this system or cannot remember your password you may request a temporary password here: Request Temporary Password (https://u4037834.ct.sendgrid.net/wf/click?upn=L5asTq9oAWi6tKrRmhm-2FjVCkDMPj-2B7wN-2Fsatbwnmo-2FXebycJa-2Fj96IJwoP05jPyFE7z2iW7MlnAZQ7hw0gXcO8PkwO1gZeH0390ljT3SGy4-3D_lHtOa-2B0hcayidNBMRKBoGUsPuc3VthO6f8aI1T9Cm-2F-2FZFGP4Pf3B3Oa4Q23wgKn65FR5naOfCrNIoeEMBZwQgO7OrSnzuTWI9VPMQZEAT-2F3h9eTJHPD-2BIYOXAep9Ffy359-2F99yrHUnQg-2FY1kcUN375rDooLyHQ0NLU1KdZckZrJmhAkEfViqaaty01L4-2BACE1ObpBLvmnOJRpxh3ZKAQ99sMeprWZ0ErhHPNB8a6ecg-3D)
Please login to "My Request Center" to update your account information, track the status of your request and receive requested records when they become available.
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY

From: Office Of The City Manager

Dear Dan Rubins:

Thank you for submitting a request for public records to the City of Long Beach. Pursuant to California Government Code § 6253, staff will review your request and respond within 10 days to notify you if there are responsive records, or if an extension is necessary to determine if responsive records exist.
If your request was received after business hours or on a weekend or holiday, the next business day will be considered the date of receipt. The 10-day response period starts with the first calendar day after the date of receipt (Ca. Civ. Code, § 10.).
You may be contacted by a City staff member if there are questions regarding your request.
Thank you again for contacting the City of Long Beach. You may track the status of your request here My Request Center. (https://u4037834.ct.sendgrid.net/wf/click?upn=L5asTq9oAWi6tKrRmhm-2FjUjsI-2BylpD4AVeFJod6pfVzNhIzFllXwXJPTqXveVxX4WizaFXt0-2F0feYQa35DCbJCVvZQWSTfyf0TmfArr91xc-3D_lHtOa-2B0hcayidNBMRKBoGUsPuc3VthO6f8aI1T9Cm-2F-2FZFGP4Pf3B3Oa4Q23wgKn6PIrn-2FNciLZsdOV1Tv3WK055rAUFp5MLVZcfzvyLhzbDkdSxcFUuZqWSvuEWkVOdPtOFYdhnUM3cSlDUecr7picBQHqhev54qy0ZWQmu4G3Atw3yDirR75cS-2FQafSi3iD2THr7UqXXcTTXzfKlJiWfDgg0IGM1qvDp6Ng8rNJTjI-3D)

From: Office Of The City Manager

--- Please respond above this line ---

RE: Public Records Request Reference Number: C002071-081718
Thank you for submitting your request for public records. After reviewing your request, we have determined that additional or more detailed information is needed to appropriately search for records.  The request, as submitted, only mentions general categories of documents (i.e. employee agreements, vendor agreements, master services agreements) and uses terms like "any and all". Specifically, the City requests that your request be refined to more clearly identify the record(s) you would like.
While the Public Records Act (PRA) provides members of the public with access to public records, it is not unlimited in its scope. California courts have acknowledged that members of the public may request documents from municipalities pursuant to the PRA even if they are unable to precisely identify the documents sought, but the request must still reasonably describe the information contained in the records sought such that the municipality can locate the records with “reasonable effort”. [Cal. First Amend. Coalition v. Superior Court (1998) 67 Cal.App.4th 159.]
The request must be focused and specific [Rogers v. Superior Court (1993) 19 Cal.App.4th 469.] and clear enough so that the agency can decipher what record or records are being sought. Moreover, the City is not required by law to create a record or list from an existing record.
The City will wait for your response before proceeding with this request. If we do not hear back from you within 10 calendar days, the PRA request will be closed.
Thank you for contacting the City of Long Beach. If you have any questions, please contact the Records Coordinator Office at (562) 570-6711.
Luis Frausto

To monitor the progress or update this request please log into the Long Beach Public Records Center (https://u4037834.ct.sendgrid.net/wf/click?upn=L5asTq9oAWi6tKrRmhm-2FjVCkDMPj-2B7wN-2Fsatbwnmo-2FXebycJa-2Fj96IJwoP05jPyFZhstmlM6P6mEjJqYAo8lXKxFXKM0ndymOiG9uACZ020-3D_lHtOa-2B0hcayidNBMRKBoGUsPuc3VthO6f8aI1T9Cm-2F-2FZFGP4Pf3B3Oa4Q23wgKn6z2p56iZAB7G4HJeVFg0aGrPbxlnGP5MsmQH41KafOCyPSs4FQsQYk-2Bu-2FSNFhcvLM1A3V5A9hyntKXC9-2BmFlSxWN3tR-2BF0H4OIt-2BLliR53fUZzpgN-2Fm-2FXgMNFOfx-2B9u1C1BlHDBdQ9X9tR0gdKkFoaZUPrT-2B4KpCy16-2BaSwN2JXQwVggwt3RoWoYng64Q4nj-2B)

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