Public Contracts (Office Of The City Manager)

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

18-199

Multi Request Public Contracts
Status
Completed

Communications

From: Muckrock Staff

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

I would like to discuss this request with you. Can you please call me at 916-617-4500? Thank you.

KRYSS RANKIN
City Clerk
[CWS-Email-Logo]
1110 West Capitol Avenue, 3rd Floor
West Sacramento, CA 95691
Telephone: (916) 617-4500
Fax: (916) 372-8765
kryssr@cityofwestsacramento.org

From: Office Of The City Manager

We are in receipt of your request 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.
I have attempted to reach you via e-mail to discuss the scope of your request but have not received a response. After reviewing your request, it appears that you are requesting (in part 1) contracts related to the purchase of goods and services, including contracts with public or private parties. The following types of documents do not appear to be responsive to your request and will not be produced: Joint Powers Agreements, documents related to the issuance of bonds and other types of debt financing, and Development Agreements. If this is not accurate, please advise as soon as possible.
While the actual number of responsive documents to this request will not be known until the completion of the project, we expect it to exceed 20,000 pages. It is likely that none or very few of these documents are currently available in electronic format. The scanning fee for each page is .10 per page and the fee for a hard copy is .20 per page. Assuming that you are seeking electronic copies, we expect the total cost for this project to be at least $2,000. The City is requesting a deposit in the amount of $1,000 to begin the process of gathering the responsive records. The records you have requested are voluminous and are retained by numerous departments within the City, and the City has limited staff available to gather and scan or copy the requested records. For these reasons we are unable to provide you with an estimated date of completion, other than to tell you that we expect it will take many months.

KRYSS RANKIN
City Clerk
[CWS-Email-Logo]
1110 West Capitol Avenue, 3rd Floor
West Sacramento, CA 95691
Telephone: (916) 617-4500
Fax: (916) 372-8765
kryssr@cityofwestsacramento.org

From: Dan Rubins

Kryss,
Thanks for your prompt reply, and I apologize for my delayed response. I'll try calling you tomorrow afternoon, or feel free to call me at your convenience: (415) 894-0240

In the mean time, I do not want to disrupt regular business and understand if my request takes some time, please let me know if additional response time is needed. I think there is an automatic 14 day extension, but I'm flexible on timing and would be happy to narrow the request as well. Here is some clarification that I hope will answer some questions and perhaps limit the scope:

1. We are looking at the legal language of documents, so plans, drawings, price lists or other things without legal terms are not necessary, if that helps narrow the request. Also, if there seem to be categories of highly repetitive documents other than standard employee agreements, please let me know and we can see if an existing template or a significantly limited request will be sufficient for our work. Or, if it is preferable to provide a list of available contracts and a short description, as the City of Ontario, CA has done here: https://www.muckrock.com/foi/ontario-3353/public-contracts-58178/ we can respond with a list of the specific documents we are interested in.

2. With templates, I am looking for documents like standard employee agreements instead of requesting a high volume of repetitive documents. Please feel free to limit part 2 to documents that were actually used in the last 12 months, if that helps.

3. Please feel free to exclude presentations, transcripts, and any audio or video recordings. Here, I am looking for the written policies, procedures, and instructions that get used in Contract Administration.

4. Documents like process narratives, audit reports, and findings are important for this work, but presumably these documents are a small portion of the request.

Also, I happen to live nearby, so am happy to do the scanning myself if that reduces the disruption to and effort required by your office. I also understand the need for review before records are released, so I can sign an NDA and provide the scans to your staff before we start reviewing with the documents.

Best,
Dan Rubins

From: Dan Rubins

Kryss,
Thank you for returning my call this afternoon. Just to make sure I have a good record of our conversation, I am withdrawing part 1 of my request and will submit a new request at a later time if needed. I look forward to receiving documents for the remainder of the request at your convenience. I'll follow up in a couple weeks.
Thanks!
Dan Rubins

From: Office Of The City Manager

Thank you for confirming our conversation.

KRYSS RANKIN
City Clerk
[CWS-Email-Logo]
1110 West Capitol Avenue, 3rd Floor
West Sacramento, CA 95691
Telephone: (916) 617-4500
Fax: (916) 372-8765
kryssr@cityofwestsacramento.org

From: Office Of The City Manager

Your West Sacramento public records request 18-199 has been opened.

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West Sacramento Public Records (https://click.pstmrk.it/2sm/westsacramento.nextrequest.com/l32_6gE/DbEk/kwHZ3hcGg3/cmVxdWVzdGVyX3JlcXVlc3Rfb3BlbmVk)


Your record request #18-199 has been submitted. You can see it anytime at the link below.
Your records request has been received and forwarded to the appropriate staff member for review.
You will be notified within (10) days whether your request seeks copies of disclosable public records in the possession of this agency. In most cases, your request will be processed in two to four weeks, or sooner.
The City may invoke an extension of time to determine if there is a need to:
* Search for and collect the requested records from field facilities.
* Search for and examine a voluminous number of records.
* Consult with another agency or City departments having a substantial interest in the determination of the request.
* Compile data.
If your request is to review records (rather than receive copies), an appointment will be made with you for review once the records are gathered.  Please note:  If any responsive documents are copyrighted they can only be viewed in house.  No duplicate or photos are allowed.
There is a charge for the direct cost of duplication pursuant to The City’s Book of fees. Payment must be made prior to release of records requested. If the documents requested exceed 50 pages, a deposit may be requested.
Records available for review and/or copies of records requested will be available for 10 days after notification of their availability. If you are unable to pick-up or view your records during this time period, notification is required or your request will be considered fulfilled and a new request must be made.
Certain records are generally exempt for disclosure pursuant to Government Code Section 6255, where the public interest served by not making the records public clearly outweighs the public interest served by disclosure of the records. The Government Code further provides that certain other records are specifically exempt from disclosure.
JANET CHAPAN, MMC
Sr. Deputy City Clerk
1110 W. Capitol Avenue, 3 rd Floor
West Sacramento, CA 95691
Telephone: (916) 617-4526 janetc@cityofwestsacramento.org (mailto:janetc@cityofwestsacramento.org)



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From: Office Of The City Manager

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A document has been released for record request #18-199: City of West Sacramento Compliance Reports June 30, 2017.pdf (https://click.pstmrk.it/2m/westsacramento.nextrequest.com%2Fdocuments%2F743241%3Ftoken%3Db79c0adc2f3fbd431172e1a2ba1ce76e/LbP59wE/DbEk/1CYC08KGM6/cmVxdWVzdGVyX2RvY3VtZW50X3JlbGVhc2Vk) Document links are valid for one month. After September 14, you will need to sign in to view the document(s).



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[Document Released] West Sacramento public records request 18-199

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A document has been released for record request #18-199: Aaron Laurel Employment Agreement.pdf (https://click.pstmrk.it/2m/westsacramento.nextrequest.com%2Fdocuments%2F725463%3Ftoken%3Dd81c532e8cde61e0d5610110d74b535a/ZVL29wE/DbEk/O_cDC8uy6u/cmVxdWVzdGVyX2RvY3VtZW50X3JlbGVhc2Vk) Document links are valid for one month. After September 14, you will need to sign in to view the document(s).



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A document has been released for record request #18-199: Contract for Services (West Sacramento).docx (https://click.pstmrk.it/2m/westsacramento.nextrequest.com%2Fdocuments%2F742142%3Ftoken%3D1188cf2d2c9825b0d17f6773addc4dd7/MzP29wE/DbEk/mjE5o3yOa5/cmVxdWVzdGVyX2RvY3VtZW50X3JlbGVhc2Vk) Document links are valid for one month. After September 14, you will need to sign in to view the document(s).



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[Document Released] West Sacramento public records request 18-199

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A document has been released for record request #18-199: Contract for Construction Template.docx (https://click.pstmrk.it/2m/westsacramento.nextrequest.com%2Fdocuments%2F742141%3Ftoken%3Dce85c3b3bac28903bf60aaa218012404/ma339wE/DbEk/FwhMSHOa4o/cmVxdWVzdGVyX2RvY3VtZW50X3JlbGVhc2Vk) Document links are valid for one month. After September 14, you will need to sign in to view the document(s).



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From: Office Of The City Manager

[Document Released] West Sacramento public records request 18-199

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A document has been released for record request #18-199: Local 39 through 2019.pdf (https://click.pstmrk.it/2m/westsacramento.nextrequest.com%2Fdocuments%2F725465%3Ftoken%3D85c4695ab9541c410b0f54ef01e04e12/ler29wE/DbEk/EcYEy4FePf/cmVxdWVzdGVyX2RvY3VtZW50X3JlbGVhc2Vk) Document links are valid for one month. After September 14, you will need to sign in to view the document(s).



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From: Office Of The City Manager

[Document Released] West Sacramento public records request 18-199

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From: Office Of The City Manager

[Document Released] West Sacramento public records request 18-199

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A document has been released for record request #18-199: MOU Court Liaison Program.pdf (https://click.pstmrk.it/2m/westsacramento.nextrequest.com%2Fdocuments%2F725466%3Ftoken%3D99db08f2727aae4b038cb80f6136d728/UDP29wE/DbEk/8nlj5msyv0/cmVxdWVzdGVyX2RvY3VtZW50X3JlbGVhc2Vk) Document links are valid for one month. After September 14, you will need to sign in to view the document(s).



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From: Office Of The City Manager

[Document Released] West Sacramento public records request 18-199

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West Sacramento Public Records (https://click.pstmrk.it/2sm/westsacramento.nextrequest.com/JBr39wE/DbEk/SPOwkMb3sc/cmVxdWVzdGVyX2RvY3VtZW50X3JlbGVhc2Vk)


A document has been released for record request #18-199: PMA MOU 2017-2020 - Final.pdf (https://click.pstmrk.it/2m/westsacramento.nextrequest.com%2Fdocuments%2F725467%3Ftoken%3D404b0ef640ec68b5be764eea35b2c507/JRr39wE/DbEk/Ds-3tVDgBn/cmVxdWVzdGVyX2RvY3VtZW50X3JlbGVhc2Vk) Document links are valid for one month. After September 14, you will need to sign in to view the document(s).



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From: Office Of The City Manager

[Document Released] West Sacramento public records request 18-199

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West Sacramento Public Records (https://click.pstmrk.it/2sm/westsacramento.nextrequest.com/4nz59wE/DbEk/XI7wVaxlEA/cmVxdWVzdGVyX2RvY3VtZW50X3JlbGVhc2Vk)


A document has been released for record request #18-199: WSPOA-2017-2020 - Final.pdf (https://click.pstmrk.it/2m/westsacramento.nextrequest.com%2Fdocuments%2F725468%3Ftoken%3D91f86916d5e55ab762ab84f1a91312e0/43z59wE/DbEk/Ydg5PJfney/cmVxdWVzdGVyX2RvY3VtZW50X3JlbGVhc2Vk) Document links are valid for one month. After September 14, you will need to sign in to view the document(s).



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From: Office Of The City Manager

Your West Sacramento public records request 18-199 has been closed.

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Record request #18-199 has been closed. The closure reason supplied was:



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