Amazon HQ2 Bid

Adanya Lustig filed this request with the Louisville Forward of Louisville, KY.

It is a clone of this request.

Status
Rejected

Communications

From: Adanya Lustig

To Whom It May Concern:

Pursuant to Kentucky Open Records Act, I hereby request the following records:

A copy of the bid submitted in response to Amazon's request for proposals for the site of its second headquarters, any contracts with third-party providers for services rendered regarding the Amazon HQ2 bid, and any marketing budgets regarding Amazon-related expenditures from September 1, 2017 to the date this request is received.

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 3 business days, as the statute requires.

Sincerely,

Adanya Lustig

From:

Thanks, Adanya. This serves to acknowledge receipt of your open records request. You may expect a response within 3 Metro Government working days, at which time you will be notified when records can be made available, if they are identified to exist.

Open Records Request
Requestor Name * Adanya Lustig
Business/Organization Name (If Applicable)
MuckRock News
Are you a media organization? *
Yes
Email * requests@muckrock.com (mailto:requests@muckrock.com)
Address DEPT MR 45303 411A Highland Avenue
Somerville, MA 02|44-2516
United States
Which Metro Government Agency Do You Think Holds the Record(s)?

Louisville Forward
Is this request for an environmental study? *
No
Specific Type of Record *
Contract/Bid
Will this request require a search of Metro Government emails?
No
Will the Record be used for
Commercial Purposes? (https://louisvilleky.gov/government/management-budget/open-records-commercial-purpose-form) *
No
Records Timeframe

From: Louisville Forward

Good morning,

In response to your request, Louisville Metro Government’s Louisville Forwards provided the following response:

“November 15, 2017

Adanya Lustig
MuckRock News
Dept MR 45303
411A Highland Ave
Somerville, MA 02144-2516

RE: Open Records Request #6790

Dear Ms. Lustig:

Please accept this correspondence as the final response to your Open Records Request dated November 7, 2017 and received November 10, 2017. You requested the following for the period September 1, 2017:

A copy of the bid submitted in response to Amazon’s request for proposals for the site of its second headquarters, any contracts with third-party providers for services rendered regarding the Amazon bid and any marketing budgets regarding Amazon-related expenditures from September 1, 2017 to the date this request is received.
RESPONSE:

The documents you request are exempt from disclosure under the Open Records Act as “[p]reliminary drafts, notes, correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency.” KRS 61.878(1)(i) and (j); see 05-ORD-001 (“until negotiations are completed, as may be evidenced by a signed contract or the reject of the offered contract by the chosen bidder, the records are preliminary. See, e.g., OAG 91-97 and OAG 87-21”). At the time final action is taken or a final document(s) is produced, that final document(s) will be subject to disclosure pursuant to KRS 61.800, et seq.

In addition, KRS 61.878(1)(d) exempts from disclosure all records that pertain to the prospective location of a business or industry where no previous disclosures have been made.

Finally, to the extent your request seeks documents relating to an ongoing RFP, such documents are also exempt from disclosure pursuant to KRS 61.878(1)(c)(1), as disclosure of such documents would permit an unfair commercial advantage to other respondents to an ongoing RFP.”

Thank you,

Jacinta Scruggs
Open Records Specialist Intake
Louisville-Jefferson County Metro Government
Office of Management and Budget
611 W. Jefferson Street
Louisville, KY 40202
Direct Line: 502-574-3576
Fax: 502-588-3121
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From: Louisville Forward

Dear Ms. Lipton,

We are in receipt of your second correspondence requesting records, under the Kentucky Open Records Act. Pursuant to KRS 61.874, if you wish to use the public information for a commercial purpose, you will need to provide us with the following: A certified statement from you, or an authorized representative of your company, stating the specific commercial purpose for which the records will be used. If, in addition to the purpose for which your company intends to use the record, your company intends to give, loan, transfer, forward or otherwise transmit the information to any other person or entity, that intention is considered a separate commercial purpose and must be specifically identified.

We have made a determination that this request will be utilized for a commercial purpose based upon information contained in your website, which state that "government materials on MuckRock are available free of charge and, with some exceptions, without restriction. Filing requests through MuckRock starts at just $20 to file up to four requests, which includes advice, postage, follow up, and hosting of the materials in an easy-to-use format."

Upon receipt of the certified statement described above, we will notify you of the terms of the contractual arrangement, if any, and the fee for providing the information. If you believe that your intended use is not for commercial purposes, please response with the stated purpose of your request so that final determination can be made. Thank you for your understanding and cooperation.

Michael L. Meeks
Director of Records Compliance, OMB
611 West Jefferson Street
Louisville, KY 40202
502-574-8773
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