Public Contracts (Office Of The City Manager)

Dan Rubins filed this request with the Office Of The City Manager of Rocklin, CA.
Est. Completion None
Status
Payment 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: Office Of The City Manager

Dear Mr. Rubins,

In response to your attached letter dated July 27, 2018, received today, please be advised that we did not receive a Request for Records from you dated July 11, 2018. We did, however, receive a request from you on July 24, 2018, which was dated July 19, 2018.

We are working on providing our response to your July 19, 2018 letter within the timeframe required by the statute.

Please let me know if you need anything further.

Thank you,

[Rocklin_Logo_email-100px]

Corinne Bow | Executive Assistant to the City Manager/Paralegal
Office of the City Manager & City Attorney| City of Rocklin
3970 Rocklin Road | Rocklin, CA 95677
Corinne.Bow@rocklin.ca.us<mailto:Corinne.Bow@rocklin.ca.us> | (916) 625-5583 | www.rocklin.ca.us<http://www.rocklin.ca.us/>

From: Office Of The City Manager

Good afternoon Mr. Rubin,

Attached please find the City of Rocklin's response to your request for records dated July 19, 2018, received by the City on July 24, 2018.

Please feel free to contact me with any questions you may have.

Sincerely,

[Rocklin_Logo_email-100px]

Corinne Bow | Executive Assistant to the City Manager/Paralegal
Office of the City Manager & City Attorney| City of Rocklin
3970 Rocklin Road | Rocklin, CA 95677
Corinne.Bow@rocklin.ca.us<mailto:Corinne.Bow@rocklin.ca.us> | (916) 625-5583 | www.rocklin.ca.us<http://www.rocklin.ca.us/>

From: Dan Rubins

Thank you for your quick response and I apologize for the date mix up. I do not want to disrupt regular business so I understand if delivering these documents takes some time.

We are starting to review the documents you provided as well as the larger agreements available through the City's SIRE website; we are very pleased with the transparency this offers to the public. I have attached the list of requested agreements <$50k (available in Excel format here: https://drive.google.com/file/d/1-1Xe_PU43e_zeDZNdlmMYSm1gwRSAD-3/view?usp=sharing, highlighted in green or filterable in column F). Since we are reviewing legal language, feel free to exclude plans, drawings, price lists or other attachments without legal terms, if that helps narrow the request.

I will send a check today for $5 for the flash drive to the City of Rocklin, Office of the City Manager at the address in your letter, with reference to this request.

Please feel free to email or call (415) 894-0240 if you have questions or need any clarification.

Thanks,
Dan Rubins

From: Office Of The City Manager

Dear Mr. Rubins,

Further to our initial response, we have determined that due to the broad nature of your request it will likely take the City several months to assemble all responsive documents. For example, the City's Parks & Recreation department enters into a high volume of short term, low cost, agreements for facility use (e.g., renting park or event space). To expedite the response process, we suggest narrowing the scope to agreements, contracts, MOU's, etc., involving amounts of more than $5,000 and with a term of at least one month.

Please confirm whether you agree to narrow the scope of your request to contracts in excess of $5,000 and with a term of at least one month.

Thank you,

[Rocklin_Logo_email-100px]

Corinne Bow | Executive Assistant to the City Manager/Paralegal
Office of the City Manager & City Attorney| City of Rocklin
3970 Rocklin Road | Rocklin, CA 95677
Corinne.Bow@rocklin.ca.us<mailto:Corinne.Bow@rocklin.ca.us> | (916) 625-5583 | www.rocklin.ca.us<http://www.rocklin.ca.us/>

From: Office Of The City Manager

Good afternoon Mr. Rubin,

I have compiled everything you've requested. While you provided a check for $5.00 so that I can provide documents on a Flash Drive, I'm concerned that everything won't fit. If you're OK with it, I will return the check to you and upload the documents directly instead.

Please confirm this is OK with you and I will upload everything today or tomorrow.

Thank you,

[Rocklin_Logo_email-100px]

Corinne Bow | Executive Assistant to the City Manager/Paralegal
Office of the City Manager & City Attorney| City of Rocklin
3970 Rocklin Road | Rocklin, CA 95677
Corinne.Bow@rocklin.ca.us<mailto:Corinne.Bow@rocklin.ca.us> | (916) 625-5583 | www.rocklin.ca.us<http://www.rocklin.ca.us/>

Files

pages

Close