Public Contracts (Office Of The City Manager)

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

18-267

Multi Request Public Contracts
Est. Completion Sept. 24, 2018
Status
Fix Required

Communications

From: Dan Rubins

To Whom It May Concern:

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

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

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,

Dan Rubins

From: Mayor's Office

Mr. Rubins,

*RE: PUBLIC RECORDS ACT REQUEST #18-237*

This email acknowledges receipt of your Public Records Request, received in
the City Clerk’s Office on *July 30, 2018*. Your request has been
forwarded to the appropriate staff for fulfillment. Every effort will be
made to provide the requested records by *August 10, 2018*.

Please email me should you have questions or concerns. Thank you.
--
*Karen Moore, Assistant City Clerk*
City of Oxnard
300 West Third St.
Oxnard, CA 93030
(805) 385-8200

From: Mayor's Office

Mr. Rubins,

*RE: PUBLIC RECORDS ACT REQUEST #18-239*

The City of Oxnard received your Public Records Act request on July 30,
2018. Pursuant to California Government Code Section 6253(c), the purpose
of this email is to advise you that due to the nature of your request there
is a need to search for, collect, and examine a voluminous amount of
separate and distinct records. As such, a determination regarding your
request will be dispatched to you no later than August 24, 2018.
--
*Karen Moore, Assistant City Clerk*
City of Oxnard
300 West Third St.
Oxnard, CA 93030
(805) 385-8200

From: Office Of The City Manager

Mr. Rubins,

Re: Public Records Act Request #18-267

Staff continues to work toward fulfillment of your Public Records Act
request. Due to the nature of your request, additional time is needed to
search for, collect, and examine a voluminous amount of separate and
distinct records. As such, I request an extension until September 24,
2018. Please let me know if this presents a problem. Thank you.
--
*Karen Moore, Assistant City Clerk*
City of Oxnard
300 West Third St.
Oxnard, CA 93030
(805) 385-8200

From: Office Of The City Manager

Mr. Rubins,

*Re: Public Records Act Request #18-267*

The City of Oxnard (“City”) received your Public Records Act request on
July 30, 2018. Specifically, you have 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 to item 1, this request is vague and ambiguous because it seeks
agreements that are active within the last two years, but does not
specify a particular set of agreements. To the extent that you are seeking
every agreement active within the last two years, the production of such
documentation could take *months to produce*. Please clarify your request
such that I might locate the appropriate records for you. Until I receive
clarification from you, I will consider this request on hold.

Responsive items regarding the remaining items are attached.
--
*Karen Moore, Assistant City Clerk*
City of Oxnard
300 West Third St.
Oxnard, CA 93030
(805) 385-8200

From: Office Of The City Manager

Mr. Rubins,

*Re: Public Records Act Request #18-267*

*Second Request: As to item 1, this request is vague and ambiguous because
it seeks agreements that are active within the last two years, but does not
specify a particular set of agreements. To the extent that you are seeking
every agreement active within the last two years, the production of such
documentation could take months to produce. Please clarify your request
such that I might locate the appropriate records for you. Until I receive
clarification from you, I will consider this request on hold. *
--
*Karen Moore, Assistant City Clerk*
City of Oxnard
300 West Third St.
Oxnard, CA 93030
(805) 385-8200

From: Office Of The City Manager

Mr. Rubins,

*Re: Public Records Act Request #18-26*

This Public Records Act request has been closed until which time we receive
clarification from you. Thank you.
--
*Karen Moore, Assistant City Clerk*
City of Oxnard
300 West Third St.
Oxnard, CA 93030
(805) 385-8200

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