Public Contracts (Office Of The City Manager)

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

W003732-071918

Multi Request Public Contracts
Due July 22, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Dan Rubins

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

From: Office Of The City Manager

Dear Dan Rubins, Thank you for registering with the City of Temecula Public Records Center. Below you will find your login and password information. Please login to the Public Records Center to update any contact or password information and to view the progress of your request. Login: requests@muckrock.com Password: b75daaf0fa Click here to login to the Public Records Center. (http://temeculaca.gov/1108/Public-Records-Request-Center)
Thank you, City of Temecula | Records Management Division

This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.

From: Office Of The City Manager

July 19, 2018

Dear Dan Rubins:

Thank you for your interest in the City of Temecula public records.  Your request has been received and is being processed in accordance with California Government Code 6250 et. seq., the California Public Records Act. Your request was received in this office on 7/19/2018 and given the reference number W003732-071918 for your tracking purposes.

Records Requested: To Whom It May Concern:I. Background InformationContract 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 RecordsPursuant 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. FeesIf 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 RubinsFiled via MuckRock.com

Your request will be forwarded to the relevant City department(s) to locate the documents you seek and to determine the volume and any costs associated with satisfying your request. The California Public Records Act requires the City to respond to a request for public records within 10 calendar days. You will be contacted regarding the availability and/or provided with copies of the records in question.

PLEASE NOTE: The California Public Records Act does not require a governmental body to create new documents not currently in existence, to compile a list, or to do legal research.

You can monitor the progress of your request on the Public Records Requests Center.  You will be notified by email when your request is completed. (http://temeculaca.gov/1108/Public-Records-Request-Center)

Again, thank you for using the Public Records Center. (http://temeculaca.gov/1108/Public-Records-Request-Center) City of Temecula | City Clerk's Office | (951) 240-4225

From: Office Of The City Manager

--- Please respond above this line ---





July 26, 2018
Re: Public Records Act Request Dated July 19, 2018
Dear Dan Rubins,
The City is in receipt of your Public Records Act Request dated July 19, 2018, for: 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.

In accordance with Government Code Sections 6253(c) and 6255(b), this serves as the City’s response to your request.
The City is conducting a thorough review of its files. Pursuant to Government Code Section 6253(c)(1), the City needs additional time to determine whether your request seeks copies of disclosable records. We expect to make this determination no later than August 10, 2018, an extension of fourteen (14) days as allowed by Government Code Section 6253(c), and to make the documents available for inspection thereafter. We require this extension of time because we need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in your request. If the documents are available for review earlier than August 10, 2018, we will be sure to contact you.
Please feel free to contact our office if you have any further needs or questions.
Regards, City of Temecula | City Clerk's Office | (951) 240-4225

Click here to access the Public Records Request Center and view your requests. (http://temeculaca.gov/1108/Public-Records-Request-Center)

From: Office Of The City Manager

--- Please respond above this line ---






August 9, 2018VIA ELECTRONIC MAILDan Rubins57924-62139442@requests.muckrock.comRe: Public Records Act Request July 19, 2018Dear Mr. Rubins:The City is in receipt of your Public Records Act Request dated July 19, 2018, for:"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."This is a very large request and we are currently compiling and reviewing documents responsive to your request.Please note, however, that certain documents that are exempt from disclosure will not be made available. The Public Records Act permits a local agency to withhold records that are exempt from disclosure (Cal. Gov’t Code § 6250 et seq.). Except as follows, all documents responsive to your request will be made available to you. If an exemption not listed below will be utilized by the City as its sole justification for non-disclosure of a record, we will notify you in writing once our review is complete.1. Privileged communications between the City and its legal counsel are exempt from disclosure because those communications are privileged attorney-client communications protected by Evidence Code Section 954 (Gov’t Code § 6254(k));2. Information constituting attorney work product under the Evidence Code and Code of Civil Procedure Section 2018.030 is exempt from disclosure (Gov’t Code § 6254(k));3. Records that are preliminary drafts, notes or interoffice memoranda that are not retained in the ordinary course of business are exempt from disclosure (Gov’t Code § 6254(a)); and4. The public interest served by not disclosing the records clearly outweighs the public interest served by disclosure of the record (Gov’t Code § 6255).The City’s correspondence to you dated July 26, 2018 indicated that it will take staff a reasonable amount of time to review records responsive to your Public Records Act Request. We are proceeding as quickly as possible, however, based on the volume of records that must be reviewed, and given our office’s current workload, we should be able to make disclosable records available to you using the following schedule:·First production: August 16, 2018·Second production (if necessary): August 23, 2018·Third production (if necessary): August 30, 2018If we are able to make the documents available prior to those deadlines, we will do so.Please feel free to contact our office if you have any questions.Regards,City Clerk's OfficeCity of Temecula(951) 240-4226

Click here to access the Public Records Request Center and view your requests. (http://temeculaca.gov/1108/Public-Records-Request-Center)

From: Office Of The City Manager

--- Please respond above this line ---






August 16, 2018
Re: Public Records Act Request Dated July 19, 2018
Dear Dan Rubins,
The City’s correspondence to you dated July 26, 2018 indicated that it will take staff a reasonable amount of time to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in response to your Public Records Act Request dated July 19, 2018 and that a determination would be made no later than August 10, 2018, an extension of 14 days as allowed by GC Section 6253(c) and will make the responsive documents available for inspection thereafter. On August 9, 2018, the City's correspondence to you stated that based on the volume of the records that must be reviewed and given our office’s current workload, the disclosable records would be made available to you utilizing the following schedule:

* First production: August 16, 2018;
* Second production (if necessary): August 23, 2018; and Third production (if necessary): August 30, 2018 In accordance with Government Code Sections 6253(c) and 6255(b), this serves as the City’s response to your request. The City has conducted a thorough review of its files.  Copies of the record(s) responsive to your request are available for you to download via your account on the Temecula Public Records Request Center. This concludes the City's response to your request and no further production dates are needed.
CLICK HERE to login and retrieve your records. (http://temeculaca.gov/1108/Public-Records-Request-Center)
Please feel free to contact our office if you have any further needs or questions.
Regards, City of Temecula | City Clerk's Office | (951) 240-4225

Click here to access the Public Records Request Center and view your requests. (http://temeculaca.gov/1108/Public-Records-Request-Center)

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