Public Contracts (Office Of The City Manager)

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

0009591

Multi Request Public Contracts
Status
Completed

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:

Thank you for your public records request to the City of Pasadena. The city will promptly research your request and contact you should there be any questions. Documents will be prepared and delivered by each department via the mode requested (USMAIL).
Your public records request number is: 0009591
Please refer to this number if contacting the city regarding this request.

From: Office Of The City Manager

Dear Mr. Robins:

Thank you for returning my call this afternoon and clarifying the records you seek. It is very helpful to us to not have to provide every contract. Attached is our form requesting an extension of time to complete the information you have requested.

If you should have any questions, please feel free to contact me.

Thanks,

Bob

Robert S. Ridley, CPA [cid:image001.png@01D42B3D.5707B7B0]
Controller
(626) 744-7497
rridley@cityofpasadena.net<mailto:marchuleta@cityofpasadena.net>

From: Office Of The City Manager

PRAS request: 0009591 this is to notify you that this request has been extended

From: Office Of The City Manager

Hi:

I am resending as I did not receive a delivery confirmation back....

Robert S. Ridley, CPA [cid:image001.png@01D42B3D.5707B7B0]
Controller
(626) 744-7497
rridley@cityofpasadena.net<mailto:marchuleta@cityofpasadena.net>

From: Office Of The City Manager

Hi:

I am resending as I did not receive a delivery confirmation back....

Robert S. Ridley, CPA [cid:image001.png@01D42B3D.5707B7B0]
Controller
(626) 744-7497
rridley@cityofpasadena.net<mailto:marchuleta@cityofpasadena.net>

From: Office Of The City Manager

Good Afternoon,

Attached are documents in response to subject public record request.

1. Item No. 1 is a list of a representative sample of contracts for the City (contracts will be sent via separate cover due to size limitation).

a. For our employee agreements requested in your item 1 as memorandums of understanding and item 2 as employee agreements, please view on the City's website at:https://ww5.cityofpasadena.net/human-resources/labor-relations/

2. The contract templates are represented in the sample provided above

a. Purchase order terms and conditions can be found on the City of Pasadena website:
https://ww5.cityofpasadena.net/finance/wp-content/uploads/sites/48/2018/06/Terms-Conditions-of-Purchase-Order-1.pdf

b. Labor and Material Boilerplate Bid (attached: Item No. 2a)

c. Materials and Supply Boilerplate Bid (attached: Item No. 2b)

d. Request for Proposal template (attached: Item No. 2c)

3. General Policies and Procedures for contract administration

a. Pasadena Municipal Code Chapter 4.08: COMPETITIVE BIDDING AND PURCHASING can be found online: https://library.municode.com/ca/pasadena/codes/code_of_ordinances?nodeId=TIT4REFI_CH4.08COBIPU

b. City's Purchasing Handbook (attached: Item No. 3b)

c. Purchasing Training PowerPoint (attached: Item No. 3c)

d. Contract Administration Training (attached: Item No. 3d)

4. Attached are the City's most recent Single Audit Reports for

a. FYE 6-30-2016 ( attached as Item No 4a)

b. 6-30-2017 (attached as Item No. 4b) which contain findings in regards to contract administration. The specific findings are:

* 2016-005 in the FYE 6-30-2016 Report, page 12

* 2016-009 in the FYE 6-30-2016 Report, page 16

* 2016-010 in the FYE 6-30-2016 Report, page 17

* 2017-007 in the FYE 6-30-2017 Report, page 14

* 2016-005 in the FYE 6-30-2017 Report, page 18

* 2016-009 in the FYE 6-30-2017 Report, page 22

For the contracts in Item 1, it totals to 893 pages with one file in excess of 80MB. Do you have an FTP or secure site where we can upload the files? If not we can mail the sample contracts via a CD. Please advise.

Thank you for your inquiry.

Erika Estrada
Purchasing Administrator * City of Pasadena
100 N. Garfield Ave., Room S323
Pasadena, CA 91109
O: (626) 744-7477
www.cityofpasadena.net<http://www.cityofpasadena.net/>
[cid:image001.jpg@01D1AA8C.6FBBFF70]

From: Office Of The City Manager

Good Afternoon,

Response to Item No. 1: One drive to access the contracts : https://cityofpasadena-my.sharepoint.com:443/:f:/g/personal/eestrada_cityofpasadena_net/Enb3-kW8KGFMtjTjVVyuoRUBmXENgRUydNsUBJ6NJC6nog?email=57888-07712599%40requests.muckrock.com&e=IfCB3v

Thank you,

Erika Estrada
Purchasing Administrator * City of Pasadena
100 N. Garfield Ave., Room S323
Pasadena, CA 91109
O: (626) 744-7477
www.cityofpasadena.net<http://www.cityofpasadena.net/>
[cid:image001.jpg@01D1AA8C.6FBBFF70]

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