Public Contracts (Office Of The City Manager)
It is a clone of this request.
| Tracking # |
W003357-072418 |
| Multi Request | Public Contracts |
| Submitted | July 12, 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
Dear Requester,
This is confirmation that your Public Records Act request has been received on 7/24/2018 and is being processed. You requested Other records, which you described as “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 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 8months, 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 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.comE-mail (Preferred): 57927-03159088@requests.muckrock.comFor mailed responses, please address (see note):MuckRock NewsDEPT MR 57927411 A Highland AveSomerville, MA 02144-2516PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable..”
Thank you for your interest in the City of Torrance. We will be contacting you with a prepared response in regards to your request. If you have any questions, or wish to discuss this further, please contact the Office of the City Clerk at (310) 618-2870 or cityclerk@torranceca.gov.
Sincerely,
Office of the City Clerk
City of Torrance
Track the issue status and respond at:
https://mycusthelp.com/TORRANCECA//_cs/RequestEdit.aspx?rid=3357 (https://mycusthelp.com/TORRANCECA//_cs/RequestEdit.aspx?rid=3357)
From: Office Of The City Manager
Thank you for registering with the City of Torrance Public Records Center!
Please log in to the City of Torrance Public Records Center using the link below to update any contact or password information and to track the progress of your request!
To access the system, please click on the following link: The City of Torrance Public Record Center. (https://mycusthelp.com/TORRANCECA/_cs/)
Thanks again for registering with the Public Records Center, we look forward to assisting in your requests!
City of Torrance
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.
From: Office Of The City Manager
Dear Dan,
We received your request for password assistance on 07/27/2018.
Below is your temporary password.
Please use it to access your account online. When you access your account, please create a new permanent password.
Login: requests@muckrock.com Password: 8f76ab866b
City of Torrance Public Records Center
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From: Office Of The City Manager
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City of Torrance
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From: Office Of The City Manager
A letter stating the requester must agree to or prepay assessed or estimated fees in order for the agency to continue processing the request.
From: Office Of The City Manager
Attachments:
W003357-072418__Paper_Copy_Invoice.pdf (https://mycusthelp.com/TORRANCECA/_cs/DownloadItemFile.aspx?iid=XqPBs3KhNoM=&fid=T30GZmKVob8OfFqLR2QsyAucNYfNvsfk8px/agQ0@@12r0=&cid=DluhEVeOGN4=)
--- Please respond above this line ---
08/02/2018
Dan Rubins
411 A Highland Ave
Somerville MA 02144-2516
RE: Public Records Act Request W003357-072418
Date Submitted: 7/24/2018
Dear Requestor,
The City of Torrance received a public information request from you on 7/24/2018. You requested Other records, which you described as
“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 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 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 Filed via MuckRock.com E-mail (Preferred): requests@muckrock.com For mailed responses, please address (see note): MuckRock News DEPT MR 57927 411 A Highland Ave Somerville, MA 02144-2516 PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.”
The Office of the City Clerk has reviewed their files and located hard copy records responsive to your request. Staff determined a total of 277 contracts and 21 employee agreements for the last two calendar years (2017 and 2018). Please note that this is an estimation based on the Office of the City Clerk’s records inventory. There may be additional contracts and records in various departments that are finalized independently. Per Government Code §6253.(b), the City of Torrance may charge for direct costs of duplication costs for your request. Duplication costs may be adjusted and/or reimbursed upon completion.
The estimated duplication cost is
. Please find the invoice attached along with this email. Payment is due and payable by $1,116.75 before processing of the records will begin. Payment can be made by one of the following: August 23, 2018
• In-Person - Visit the Office of the City Clerk at 3031 Torrance Blvd., Torrance, CA 90503 in person with cash, check or money order.
• By Mail - With a check or money order payable to the “City of Torrance” and send to the Office of the City Clerk at 3031 Torrance Blvd., Torrance, CA 90503. Please make sure to reference Public Records Act Request Work Order Number #W003357-072418 on the envelope and include a copy of this invoice.
Please let me know how you would like to proceed before the payment due date or we will consider your request closed. If you have any questions, please contact me at (310) 781-7562 or reply to this message.
Sincerely
Daniel Baker
Deputy City Clerk II
From: Office Of The City Manager
--- Please respond above this line ---
08/23/2018
Dan Rubins
411 A Highland Ave
Somerville MA 02144-2516
RE: Public Records Act Request W003357-072418
Date Submitted: 7/24/2018
Dear Requestor,
I just wanted to follow up on my previous email I sent on 8/2/2018 regarding your request.
The Office of the City Clerk has reviewed their files and located hard copy records responsive to your request. Staff determined a total of 277 contracts and 21 employee agreements for the last two calendar years (2017 and 2018). Please note that this is an estimation based on the Office of the City Clerk’s records inventory. There may be additional contracts and records in various departments that are finalized independently. Per Government Code §6253.(b), the City of Torrance may charge for direct costs of duplication costs for your request. Duplication costs may be adjusted and/or reimbursed upon completion.
The estimated duplication cost is
. Please find the invoice attached along with this email. Payment is due and payable by $1,116.75 before processing of the records will begin. Payment can be made by one of the following: August 23, 2018
• In-Person - Visit the Office of the City Clerk at 3031 Torrance Blvd., Torrance, CA 90503 in person with cash, check or money order.
• By Mail - With a check or money order payable to the “City of Torrance” and send to the Office of the City Clerk at 3031 Torrance Blvd., Torrance, CA 90503. Please make sure to reference Public Records Act Request Work Order Number #W003357-072418 on the envelope and include a copy of this invoice.
Please let me know how you would like to proceed before the payment due date or we will consider your request closed. If you have any questions, please contact me at (310) 781-7562 or reply to this message.
Sincerely
Daniel Baker
Deputy City Clerk II
From: Office Of The City Manager
Attachments:
W003357-072418__Paper_Copy_Invoice.pdf (https://mycusthelp.com/TORRANCECA/_cs/DownloadItemFile.aspx?iid=XqPBs3KhNoM=&fid=T30GZmKVob8OfFqLR2QsyAucNYfNvsfk8px/agQ0@@12r0=&cid=DluhEVeOGN4=)
--- Please respond above this line ---
08/20/2018
Dan Rubins
411 A Highland Ave
Somerville MA 02144-2516
RE: Public Records Act Request W003357-072418
Date Submitted: 7/24/2018
Dear Requestor,
I just wanted to follow up on my previous email I sent on 8/2/2018 regarding your request.
The Office of the City Clerk has reviewed their files and located hard copy records responsive to your request. Staff determined a total of 277 contracts and 21 employee agreements for the last two calendar years (2017 and 2018). Please note that this is an estimation based on the Office of the City Clerk’s records inventory. There may be additional contracts and records in various departments that are finalized independently. Per Government Code §6253.(b), the City of Torrance may charge for direct costs of duplication costs for your request. Duplication costs may be adjusted and/or reimbursed upon completion.
The estimated duplication cost is
. Please find the invoice attached along with this email. Payment is due and payable by $1,116.75 before processing of the records will begin. Payment can be made by one of the following: August 23, 2018
• In-Person - Visit the Office of the City Clerk at 3031 Torrance Blvd., Torrance, CA 90503 in person with cash, check or money order.
• By Mail - With a check or money order payable to the “City of Torrance” and send to the Office of the City Clerk at 3031 Torrance Blvd., Torrance, CA 90503. Please make sure to reference Public Records Act Request Work Order Number #W003357-072418 on the envelope and include a copy of this invoice.
Please let me know how you would like to proceed before the payment due date or we will consider your request closed. If you have any questions, please contact me at (310) 781-7562 or reply to this message.
Sincerely
Daniel Baker
Deputy City Clerk II
From: Office Of The City Manager
--- Please respond above this line ---
09/04/2018
Dan Rubins
411 A Highland Ave
Somerville MA 02144-2516
RE: Public Records Act Request W003357-072418
Date Submitted: 7/24/2018
Dear Requestor,
The City of Torrance received a public information request from you on 7/24/2018 and the City emailed you a confirmation the same day the request was received. The City then assessed your request and emailed you an estimated duplication cost on 8/2/2018 with an attached invoice payable by 8/23/2018. The City then emailed you to follow up on how you would like to proceed on 8/20/2018. The City never received a response.
Due to in activity, the City will closeout this request. Thank you for your interest in the City of Torrance. If you have any questions, please contact me at (310) 781-7562 or reply to this message.
Sincerely
Daniel Baker
Deputy City Clerk II
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