Public Contracts (Office Of The City Manager)

Dan Rubins filed this request with the Office Of The City Manager of Redding, CA.
Status
Rejected

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

Mr. Rubins,

The City of Redding is in receipt of your request under the California Public Records Act dated July 19, 2018. Your request was received on July 23, 2018. This email is to provide disclosure in part and claim exemption from disclosure in part.

Attached are documents which generally relate to our contracting process. Included as an example of the City's standard professional services agreement. Additionally, I invite you to review the City of Redding Municipal Code online and provide you specific reference to Chapter 4.20 and 4.22. Please find the link below:

https://library.municode.com/ca/redding/codes/code_of_ordinances

In your letter dated July 19, 2018, you also request copies of all executed contracts, memoranda of understanding and other agreements, exclusive of employee agreements. Pursuant to Government Code section 6255, we decline to provide those documents. The California Supreme Court in ACLU v. Deukmajian (1982) 32 Cal.3d 440, 452-453 recognized a significant public interest in nondisclosure due to extreme costs to comply with the request and the efficient use of government resources. This is the case with this particular portion of your request.

The City of Redding routinely process approximately 750 contracts per year. Additionally, it routinely processes hundreds of purchase orders, which are likewise to be considered contracts for services, supplies or goods. The costs of gathering all such documents, reviewing them for redaction of exempt personal information and providing the same to you are significant. The costs to copy such records (25 cent per page) would likewise be burdensome to your organization, but also could not even begin to compensate for the months of staff work needed to compile all such records.

To that end, we decline to provide documents pursuant to that portion of your request.

Thank you for your patience in awaiting our reply.

Barry E. DeWalt
City Attorney
City of Redding
777 Cypress Ave.
Redding, CA 96001
(530) 225-4050
(530) 225-4362 (Fax)
bdewalt@cityofredding.org<mailto:bdewalt@cityofredding.org>

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