Shannon and Offit Kurman Law v.

City of Philadelphia
Managing Director's Office OOR Dkt. AP 2022-2274

Kyle Allen, Open Records Officer, Philadelphia Managing Director’s Office

My name is Kyle Allen, and I am the Open Records Officer for the City of Philadelphia’s (City)
Managing Director’s Office (MDO). As such, I am authorized to execute this affidavit. I state the
following to the best of my knowledge, information, and belief under penalty of perjury pursuant
to 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities:

1. I am familiar with the above-captioned appeal and RTKL request submitted by Megan
Shannon, seeking:

Item 1: A copy of all contracts and invoices for any and all consultants
involved in the community engagement process for the Washington Avenue
Repaving process between 1/1/2013 and present.
Item 2: A copy of all contracts and invoices from WSP USA between 1/1/13
and present.
Item 3: A copy of all contracts with and invoices from engineering
consultants for the Washington Avenue repaving project between 1/1/13
and present.
Item 4: A copy of all emails between the Managing Director’s Office and
the Office of Transportation, Infrastructure and Sustainability sent between
6/1/20 and present relating to the Washington Avenue Repaving Process.

2. I am familiar with the Washington Avenue repaving decision-making process and

contracts/invoices relating to work for this project.

3. In response to Items 1-3 of this request, MDO has provided all contracts and invoices.

4. While one of the responsive records made reference to RFP 21170111111610, after
reviewing the records for RFP 21170111111610, that RFP is not related to the
Washington Avenue repaving project.

5. Regarding Item 4, in mediation discussions with Ms. Shannon, she indicated that rather
than results of the email search using the keywords and parameters in the original request,
she was looking for an email or other record that reflects “who decided and gave the
order to walk (back) the ‘final’ plan for safety features on Washington Avenue,” that
were announced by the City on 9/21/20, via a press release.

6. Based on my personal familiarity with the Washington Avenue repaving process, and in
consultation with others within MDO and the Office of Transportation, Infrastructure and
Sustainability who were involved with the decisions regarding repaving Washington
Avenue, I caused a search and document scan for written records of a decision.
 7. This search did not yield any responsive results.

8. It is understood that this does not mean that record(s) do not exist under another spelling,
another name, or under another classification.

9. The consensus among leadership was that the publicly released press announcements
were the only writings reflecting the decision, and that there is no email or other written
document in writing regarding the decision not to move forward with the above-
mentioned project.

By__________ on 7/7/2023

Kyle Allen
City of Philadelphia
Managing Director’s Office