Water system privatization - FWW (100) (East Bay Municipal Utility District)

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

Materials related to agreements and proposals, solicited and unsolicited, for the ownership, operation and/or management responsibilities of the water system, the sewer system, a water treatment plant, and/or wastewater treatment (or any portions thereof), including (but not limited to) those materials referencing the entities listed below.

Please include as responsive the following records:
1. Agreements: Any contracts, services agreements, memorandums of understanding, or like agreements related to the ownership, operation and/or management responsibilities of the water system, the sewer system, a water treatment plant, and/or wastewater treatment (or any portions thereof);

2. Procurement: Any request for qualifications, request for proposals, or other bids (both solicited and unsolicited) for the ownership, operation and/or management of the water system, the sewer system, a water treatment plant, or a wastewater treatment; and

3. Communications: For the period between January 1, 2018 and May 1, 2019, any communication (including postal mail, emails, memoranda, meeting agenda or minutes, presentations, and text messages) between representatives of each utility (including the directors of the utility, general managers, the purchasing director, and any other applicable utility representatives) and representatives from water companies or other private water system operators, including:
a. Suez (domain: suez-na.com), including “Jim.Perron@suez-na.com”
b. Veolia
c. American Water or a state affiliate, subsidiary, or representative
d. Aqua America or a state affiliate, subsidiary, or representative

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

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,

Beryl Lipton

Hello,

Thank you for your response.

1) We are looking for any contracts related to the sale or outsourcing of the operation or management of any treatment plant and/or the distribution or collection system. The public-private partnership deals may be referred to as "operation and maintenance" agreements, "management services" agreements, or contracts for the "operation, maintenance and management" of the system. They are considered "professional services" contracts. We also seek any "asset sale" or "system sale" agreements.

We seek any arrangements that are currently in effect. If not possible to search by "active" contracts, then we seek arrangements from January 1, 2009 to May 1, 2019.

2) We seek all active solicitations and unsolicited bids for contracts as described in part 1: "operation and maintenance" agreements, "management services" agreements, contracts for the "operation, maintenance and management" of the system, or "sale of the utility”.

Please let me know if any more clarification is needed.

Sincerely,
Gabrielle Rosenthal