Public Contracts (Office Of The City Manager)

Dan Rubins filed this request with the Office Of The City Manager of Pomona, CA.
Due Aug. 26, 2018
Est. Completion Aug. 23, 2018
Status
Awaiting Response

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: Office Of The City Manager

Good afternoon,
In order to process your public records request (see attached) our office would like to clarify items on your request. You have requested "any and all" contracts, MOUs and agreements within the last two years. Are you able to narrow that down or be more specific? This greatly impacts the amount of time it will take to compile these records.
Thank you for your help,

Karla Shipman
Deputy City Clerk
City of Pomona
Karla_shipman@ci.pomona.ca.us<mailto:Karla_shipman@ci.pomona.ca.us>
(909) 620-2582

From: Office Of The City Manager

Mr. Rubins,

This email is the City of Pomona's (the "City") response to your Public Records Act request of July 31, 2018 wherein you requested "1) any and all executed contracts, MOUs and other equivalent agreements that are currently active or were active in the last 2 years; 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; 4) any available process narratives, audit reports or findings regarding contract admin covering the last 2 years."

The City does have responsive documents, but due to the voluminous responsive records, the records will: a) encompass the request as applicable to records existing at the time of the request; b) be provided once per month over the next year or however long the City needs to provide all responsive documents existing as of the request date; and c) will have a per-page cost of $0.25.

We anticipate availability of the first set of documents to be emailed to you on or about August 23rd.

Sincerely,

Karla Shipman
Deputy City Clerk
City of Pomona
Karla_shipman@ci.pomona.ca.us<mailto:Karla_shipman@ci.pomona.ca.us>
(909) 620-2582

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