Public Contracts (Los Angeles County Board Of Supervisors)

Dan Rubins filed this request with the Los Angeles County Board Of Supervisors of Los Angeles, CA.

It is a clone of this request.

Est. Completion None
Status
Withdrawn

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 California Public Records Act, 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: Los Angeles County Board Of Supervisors

Dear Mr. Rubins:

This email is in response to your correspondence dated July 19, 2018 and received July 24, 2018, requesting copies of records pursuant to the California Public Records Act, California Government Code sections 6250-6276.48. Specifically, you requested copies of 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.

As phrased, your current request is overly broad. Your request seeks records over a two-year period from the entire Los Angeles County ("County") government, which is comprised of 37 departments and approximately 200 committees and commissions and which executes thousands of contracts, MOU's and agreements each year. Additionally, please note that the Executive Officer/Clerk of the Board of Supervisors keeps and maintains official records of the Board of Supervisors but does not perform that function for all County departments, agencies, commissions, etc. Furthermore, there is no centralized record-keeping system for the County.

Therefore, requests for public records should be made directly to the responsible department or agency head, commission or committee secretary, or his or her designee, as identified on the website of the department, agency, commission, or committee. A list of County departments, agencies, commissions, and committees, as well as their designated custodian of records and/or public information liaison is available on the County's website at https://www.lacounty.gov/govemment/public-information-records/submit-arecords-reguest.

However, in an effort to assist you pursuant to Government Code section 6253.1, the following is a link to "Doing Business with the County": http://www.lacounty.gov/business/doing-business-with-the-county/ . In this link, you will find numerous contracting resource, requirement and policies, as well as purchasing and contract services. You can also do a search of current County vendors.

Thank you

From: Dan Rubins

Thank you for the information! I understand that LA County is a huge organization (or collection of huge organizations) and will work with each department, agency, and commission individually.
Please consider this request withdrawn.
Thanks,
Dan Rubins

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