Public Contracts (Office Of The City Manager)
| Multi Request | Public Contracts |
| Submitted | July 11, 2018 |
| Est. Completion | Sept. 14, 2018 |
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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
I am trying to reach Dan Rubins in regard to the Public Information Request he sent to our city.
I have a few clarification questions I would like to ask.
Can you please have Mr. Rubins call me at the number listed below, or send me his phone number and I will call him.
Sincerely
[milsmall]
Chris Schroeder C.P.M., A.P.P.
Purchasing Agent
City of Milpitas
455 E. Calaveras Blvd.
Milpitas, CA 95035-5411
408-687-1639
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image001
From: Office Of The City Manager
Mr. Rubins,
Enclosed, please find formal response to your Public Records Act Request dated July 17, 2018.
Will Fuentes, CPFO, MBA | Director of Financial Services | CITY OF MILPITAS | Finance Department
455 E. Calaveras Blvd. | Milpitas, CA 95035 | O: 408-586-3111 | C: 408-334-7898 E: wfuentes@ci.milpitas.ca.gov<mailto:wfuentes@ci.milpitas.ca.gov>
[color_gif_100-e1425607487150]
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image001
From: Office Of The City Manager
Hello Mr. Morisy,
The City’s Purchasing Agent, Chris Schroeder was in communication with you looking for clarification of a CPRA request the City is working to respond to. On July 19, Mr. Schroeder wrote:
Mr. Morisy:
Dan Rubins sent a PRA request to our City. I would like some clarification and have a few questions but have gotten no response from the requests@muckrock.com address he gave.
Can you please give me Mr. Rubins phone number, or have him call me at the number listed below.
Can you please let me know if you were able to confirm with Mr. Rubins that he is looking for only Purchasing Agreements/Contract and not all agreements (easements, right of ways, etc.). Also, any emails that you may have sent to Mr. Schroeder since July 20 can be forwarded to me as he will be out for the foreseeable future.
Please email me any information you might have as soon as possible.
Thank you,
Zachary DeVine
Buyer
City of Milpitas
Desk: 408-586-3163
Fax: 408-586-3170
From: Office Of The City Manager
Dear Mr. Rubins,
On behalf of Director of Financial Services Will Fuentes, please see the attached letter in response to your Public Records Act request. The responsive documents mentioned in the letter can be accessed by the following link:
https://www.imanageshare.com/pd/AtqG5OjDrAO
Regards,
Susan Barrett
____________________________________________
Susan Barrett | Executive Secretary
Office of the City Attorney | City of Milpitas, California
455 E. Calaveras Blvd. | Milpitas, CA 95035-5411
Direct: 408.586.3044 | Fax: 408.586.3039
sbarrett@ci.milpitas.ca.gov<mailto:sbarrett@ci.milpitas.ca.gov>
____________________________________________
Notice: This communication is intended solely for the individual or entity to whom it is addressed and may be confidential and/or attorney-client privileged. If you are not the intended recipient and have received this communication in error, please notify us at (408) 586-3040.
From: Office Of The City Manager
Dear Mr. Rubins,
This follows our email and letter to you of August 10th.
On behalf of Director of Financial Services Will Fuentes, please see the attached letter in further response to your Public Records Act request. The responsive documents mentioned in this letter can be accessed by the following two links.
https://www.imanageshare.com/pd/7HmB8wDF1pA
https://www.imanageshare.com/pd/7FVY0sCk2Ua
Regards,
Susan Barrett
____________________________________________
Susan Barrett | Executive Secretary
Office of the City Attorney | City of Milpitas, California
455 E. Calaveras Blvd. | Milpitas, CA 95035-5411
Direct: 408.586.3044 | Fax: 408.586.3039
sbarrett@ci.milpitas.ca.gov<mailto:sbarrett@ci.milpitas.ca.gov>
____________________________________________
Notice: This communication is intended solely for the individual or entity to whom it is addressed and may be confidential and/or attorney-client privileged. If you are not the intended recipient and have received this communication in error, please notify us at (408) 586-3040.
From: Office Of The City Manager
Dear Mr. Rubins,
On behalf of the Director of Financial Services, please see the attached letter in further response to your Public Records Act request. The documents referenced in the letter can be accessed by the below link:
https://www.imanageshare.com/pd/8r3XXNsxNgG
Regards,
Susan Barrett
____________________________________________
Susan Barrett | Executive Secretary
Office of the City Attorney | City of Milpitas, California
455 E. Calaveras Blvd. | Milpitas, CA 95035-5411
Direct: 408.586.3044 | Fax: 408.586.3039
sbarrett@ci.milpitas.ca.gov<mailto:sbarrett@ci.milpitas.ca.gov>
____________________________________________
Notice: This communication is intended solely for the individual or entity to whom it is addressed and may be confidential and/or attorney-client privileged. If you are not the intended recipient and have received this communication in error, please notify us at (408) 586-3040.
From: Office Of The City Manager
Dear Mr. Rubins,
On behalf of the Director of Financial Services, please see the attached letter in further response to your Public Records Act Request. The documents referenced in the letter can be accessed by the below link:
https://www.imanageshare.com/pd/Av4mrqRIqDg
Regards,
Susan Barrett
____________________________________________
Susan Barrett | Executive Secretary
Office of the City Attorney | City of Milpitas, California
455 E. Calaveras Blvd. | Milpitas, CA 95035-5411
Direct: 408.586.3044 | Fax: 408.586.3039
sbarrett@ci.milpitas.ca.gov<mailto:sbarrett@ci.milpitas.ca.gov>
____________________________________________
Notice: This communication is intended solely for the individual or entity to whom it is addressed and may be confidential and/or attorney-client privileged. If you are not the intended recipient and have received this communication in error, please notify us at (408) 586-3040.
-
Milpitas_Dan_Rubins_PRA_5th_batch.zip
From: Office Of The City Manager
Dear Mr. Rubins,
On behalf of the Director of Financial Services, please see the attached letter in further response to your Public Records Act request. The documents referenced in the letter can be accessed by the below link:
https://www.imanageshare.com/pd/4zBIdZhz8Rk
Regards,
Susan Barrett
____________________________________________
Susan Barrett | Executive Secretary
Office of the City Attorney | City of Milpitas, California
455 E. Calaveras Blvd. | Milpitas, CA 95035-5411
Direct: 408.586.3044 | Fax: 408.586.3039
sbarrett@ci.milpitas.ca.gov<mailto:sbarrett@ci.milpitas.ca.gov>
____________________________________________
Notice: This communication is intended solely for the individual or entity to whom it is addressed and may be confidential and/or attorney-client privileged. If you are not the intended recipient and have received this communication in error, please notify us at (408) 586-3040.
-
Milpitas_Dan_Rubins_PRA_6th_batch.zip
From: Office Of The City Manager
Dear Mr. Rubins,
On behalf of the Director of Financial Services, please see the attached letter in further response to your Public Records Act Request. The documents referenced in the letter are also attached to this email as four pdf files.
Regards,
Susan Barrett
____________________________________________
Susan Barrett | Executive Secretary
Office of the City Attorney | City of Milpitas, California
455 E. Calaveras Blvd. | Milpitas, CA 95035-5411
Direct: 408.586.3044 | Fax: 408.586.3039
sbarrett@ci.milpitas.ca.gov<mailto:sbarrett@ci.milpitas.ca.gov>
____________________________________________
Notice: This communication is intended solely for the individual or entity to whom it is addressed and may be confidential and/or attorney-client privileged. If you are not the intended recipient and have received this communication in error, please notify us at (408) 586-3040.
From: Office Of The City Manager
Dear Mr. Rubins,
This follows our previous response of October 12, 2018, copy attached, regarding your request received on July 17, 2018 seeking City records. We previously responded to items #2, #3 and #4 of your request. We have also previously provided to you a large number of records that we believe are responsive to item #1. Due to the vague and overbroad language you provided in item #1, we also previously requested that you provide us with clarification for item #1, which asks for the following:
"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.
We previously explained that the City enters into many different types of contracts and agreements for many different types of services. These contracts range from short-term services (such as contracts for one-time events through the Recreation department) and/or simple supply contracts, as well as long-term professional services agreements, contracts for Public Works projects, etc. We asked you to tell us whether you are seeking only long-term agreements, "open" or currently active agreements, etc. We also asked you to let us know if there are any specific types of agreements that you are not seeking (such as short-term letter agreements, software license agreements, etc.). As of the date of this letter, we have not received any information from you to clarify the scope of item #1.
Unless we receive further information from you, we will continue focusing the City's response to provide only currently active, executed contracts, to include long-term types of agreements such as professional services agreements, long-term maintenance services agreements, architectural services agreements, construction agreements, etc. Also, we will assume that your request does not seek encroachment agreements; simple letter or short-term agreements for limited services and/or for supplies under $5,000; stand-alone purchase orders; subdivision improvement agreements; regulatory agreements; real estate transaction agreements; grant agreements; or franchise agreements.
We have not located any further responsive records at this time, however, City staff members are continuing to search for, collect and appropriately examine potentially responsive records, with the conditions noted above. We will notify you of the results of our search no later than November 16, 2018.
Regards,
Susan Barrett
____________________________________________
Susan Barrett | Executive Secretary
Office of the City Attorney | City of Milpitas, California
455 E. Calaveras Blvd. | Milpitas, CA 95035-5411
Direct: 408.586.3044 | Fax: 408.586.3039
sbarrett@ci.milpitas.ca.gov<mailto:sbarrett@ci.milpitas.ca.gov>
____________________________________________
Notice: This communication is intended solely for the individual or entity to whom it is addressed and may be confidential and/or attorney-client privileged. If you are not the intended recipient and have received this communication in error, please notify us at (408) 586-3040.
From: Office Of The City Manager
Dear Mr. Rubins,
This follows our previous emailed response of October 26, 2018, regarding your request received on July 17, 2018 seeking City records. We previously responded to items #2, #3 and #4 of your request. We have also previously provided to you a large number of records that we believe are responsive to item #1. Due to the vague and overbroad language you provided in item #1, we also previously requested that you provide us with clarification for item #1, which asks for the following:
"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.
We previously explained that the City enters into many different types of contracts and agreements for many different types of services. These contracts range from short-term services (such as contracts for one-time events through the Recreation department) and/or simple supply contracts, as well as long-term professional services agreements, contracts for Public Works projects, etc. We asked you to tell us whether you are seeking only long-term agreements, "open" or currently active agreements, etc. We also asked you to let us know if there are any specific types of agreements that you are not seeking (such as short-term letter agreements, software license agreements, etc.). As of the date of this email, we have not received any information from you to clarify the scope of item #1.
Pursuant to our previous correspondence, absent your clarification we continued focusing the City's response to provide only currently active, executed contracts, to include long-term types of agreements such as professional services agreements, long-term maintenance services agreements, architectural services agreements, construction agreements, etc. Also, we advised that we assume that your request does not seek encroachment agreements; simple letter or short-term agreements for limited services and/or for supplies under $5,000; stand-alone purchase orders; subdivision improvement agreements; regulatory agreements; real estate transaction agreements; grant agreements; or franchise agreements.
We have now completed our search and have not located any further responsive records, with the conditions noted above. The City has therefore completed its response to this request.
Regards,
Susan Barrett
____________________________________________
Susan Barrett | Executive Secretary
Office of the City Attorney | City of Milpitas, California
455 E. Calaveras Blvd. | Milpitas, CA 95035-5411
Direct: 408.586.3044 | Fax: 408.586.3039
sbarrett@ci.milpitas.ca.gov<mailto:sbarrett@ci.milpitas.ca.gov>
____________________________________________
Notice: This communication is intended solely for the individual or entity to whom it is addressed and may be confidential and/or attorney-client privileged. If you are not the intended recipient and have received this communication in error, please notify us at (408) 586-3040.
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