Pepsi and Coke - Assignment Submission - College Cola Contract Crowdsource (Clemson University)

Beryl Lipton filed this request with the Clemson University of Clemson, SC.
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Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to the South Carolina Public Records Law, I hereby request the following records:

- A copy of any and all contracts (including associated amendments and exhibits) awarded to Pepsi, Coca-Cola, or any subdivision thereof, for the provision of beverages or other goods in any facilities (cafeteria, athletic, academic, recreational, student, etc.) under the purview of this organization, including all activities and buildings associated with athletics, sports, dining services, or otherwise. If this agency does not have a contract with either of the named companies, please provide the equivalent agreement with the currently employed company.

- If a contract(s) with Pepsi, Coca-Cola, or any subdivision thereof has been cancelled, please provide any and all materials related to its cancellation.

- If a contract with Pepsi, Coca-Cola, or any subdivision thereof has been cancelled, please provide the statement from the university about cancellation.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 15 business days, as the statute requires.

Sincerely,

Beryl Lipton

From:

Dear Mr. Lipton,

This matter has been assigned to me and I am responding to your initial FOIA request (as stated below) and received on Oct. 1, 2018.

You are probably aware that there are fees associated with the production of public records in accordance with the SC Freedom of Information Act. (More information on the associated fee structure at Clemson for the cost to produce and redact public records can be found at: http://www.clemson.edu/administration/ogc/documents/FOIA.pdf )

As detailed in the Clemson policy, a deposit of 25% will be required before Clemson University will begin searching for responsive records. It is estimated that the fees associated with the search and retrieval of the records you have requested will at a minimum be $50.00 (2 hours x $25.00). (The total deposit due at this time is $12.50). Please submit your deposit of the aforementioned amount to Clemson University at the address below (on my signature line).

Once your deposit is paid, Clemson University will begin gathering the requested information. Please note that there may be FERPA protected and other non-public records that must be withheld or redacted. Redaction costs may be significant but cannot be determined until the responsive records are retrieved. Please note that if redaction of the responsive documents is necessary, we will promptly notify you of the fee for such redaction costs.

After the search is complete and records are identified, including assessment of any redaction costs assessed, and once the total sum due is paid by you (total search cost and if applicable, redaction costs), Clemson University will produce any responsive public records contained on systems it owns or controls within the time allowed by FOIA (SC Code of Laws section 30-4-10 et. seq.). If Clemson University does not receive payment from you within 30 days, this matter will be considered closed.

Please note that the University reserves the right to assert all exemptions and protections from disclosure afforded by the South Carolina Freedom of Information Act, or as otherwise provided by state or federal law, if any are determined to be applicable, as allowed by §30-4-30(c) (this response "is not required to include a final decision or express an opinion as to whether specific portions of the documents or information may be subject to redaction according to exemptions provided for by §30-4-40 or other state or federal laws"). If such exemptions or redactions are claimed, the University will provide an appropriate response as required under FOIA.

Examples of records not considered public or otherwise exempted from FOIA that will be withheld or redacted include, but is not limited to, attorney client and attorney work product privileged communications (SC Code of Laws section 30-4-40(a)(7)), matters exempt from public disclosure by statute or law (SC Code of Laws section 30-4-40(a)(4)), records protected under the federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g; 34 CFR Part 99), information of a personal nature (SC Code of Laws section 30-4-40(a)(2)), records of law enforcement and public safety agencies as described in SC Code of Laws section 30-4-40(a)(3), Trade Secret information and any other records not considered public or otherwise exempted under FOIA or other law, will be withheld or redacted.

Sincerely,

Anne "Beth" Crocker
Associate General Counsel
Clemson University
207 Sikes Hall
Clemson, SC 29672

From: Clemson University

Mr. Lipton,

Attorney Beth Crocker responded to your request on October 17, 2018. I have attached her original response to this email for ease of reference.

Kind regards,

Amy

Amy M. Josey
Paralegal
Office of General Counsel
Clemson University
207 Sikes Hall
Clemson, SC 29634
(864) 656-7236
amjosey@clemson.edu<mailto:amjosey@clemson.edu>
www.clemson.edu<http://www.clemson.edu>

From: Beryl Lipton

To Whom It May Concern:

Please find enclosed a check for $12.50 to satisfy the fee associated with the attached public records request.

Thank you.

From: Clemson University

Mr. Lipton,

Your deposit check was received in our office on November 7, 2018. The University will provide a response within the time allowed by SC FOIA (SC Code of Laws section 30-4-10 et. seq.).

Kind regards,

Amy

Amy M. Josey
Paralegal
Office of General Counsel
Clemson University
207 Sikes Hall
Clemson, SC 29634
(864) 656-7236
amjosey@clemson.edu<mailto:amjosey@clemson.edu>
www.clemson.edu<http://www.clemson.edu>

From:

Dear Mr. Lipton,

As of November 7, 2018, Clemson has received your deposit in the amount of $12.50 to cover the costs of searching and producing records related to Pepsi and/or Coke contracts.

The public records you requested have been gathered, and after redacting information that is protected under SC State Code section 3-4-40(a)(1) trade secret exemption or otherwise marked and protected as privileged and confidential, as used Section 11-35-410, I am hereby attaching said responsive documents to satisfy your Oct. 1, 2018 request.

There are no additional costs associated with completing this FOIA response at this time, and I trust that these documents fully satisfy your FOIA request for public records on this matter.

Thank you.

Sincerely,

Beth

Anne "Beth" Crocker
Associate General Counsel
Clemson University
207 Sikes Hall
Clemson, SC 29672

From: Clemson University

Mr. Lipton,

Attorney Beth Crocker responded fully to your request on November 16, 2018. A copy of her email is attached for ease of reference.

Kind regards,
Amy

Amy M. Josey
Paralegal
Office of General Counsel
Clemson University
207 Sikes Hall
Clemson, SC 29634
(864) 656-7236
amjosey@clemson.edu<mailto:amjosey@clemson.edu>
www.clemson.edu<http://www.clemson.edu>
________________

Dear Mr. Lipton,

As of November 7, 2018, Clemson has received your deposit in the amount of $12.50 to cover the costs of searching and producing records related to Pepsi and/or Coke contracts.

The public records you requested have been gathered, and after redacting information that is protected under SC State Code section 3-4-40(a)(1) trade secret exemption or otherwise marked and protected as privileged and confidential, as used Section 11-35-410, I am hereby attaching said responsive documents to satisfy your Oct. 1, 2018 request.

There are no additional costs associated with completing this FOIA response at this time, and I trust that these documents fully satisfy your FOIA request for public records on this matter.

Thank you.

Sincerely,

Beth


Anne “Beth” Crocker
Associate General Counsel
Clemson University
207 Sikes Hall
Clemson, SC 29672
864.656.0072
bcrock@clemson.edu

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