Microsoft and Louisville, KY "smart city" "digital alliance" agreement (City of Louisville)

Beryl Lipton filed this request with the City of Louisville of Louisville-Jefferson County, KY.
Tracking #

12867

Multi Request Microsoft and Louisville, KY "smart city" "digital alliance" agreement
Due Dec. 10, 2019
Est. Completion None
Status
Awaiting Response

Communications

From: Beryl Lipton


To Whom It May Concern:

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

The following materials related to this jurisdiction’s three-year "digital alliance" agreement with Microsoft and any related entities.

1. AGREEMENTS and CONTRACTS
Any and all agreements related to this partnership or purchase.

This includes (but is not limited to) all contracts (as well as associated amendments, attachments, and exhibits), data sharing agreements, insurance agreements, intergovernmental services agreements, licensing agreements, memorandums of understanding, and nondisclosure agreements regarding or relevant to this relationship.

Please provide a copy of any informal agreements, insurance agreements, liability waivers, and warranties that may reference or guide the relationship between this agency and this external entity. Please also provide any materials detailing the plans or programs to be developed as part of this relationship.

2. BIDDING and PROCUREMENT

A copy of any available or relevant Requests for Expressions of Interest, Requests For Proposal (or equivalent calls for bids), responses to Requests for Expressions of Interest, letters of interest, responses to Requests for Proposal, sole source or limited source justification and approval documentation, documentation of selection, and other materials generated in the consideration and selection of the technology in question.

3. FINANCIAL and FUNDING MATERIALS

Any records related to the financing or funding of this relationship and related projects, including a copy of any invoices, related funding opportunity announcements, grant applications, grantor status/progress reports, purchase orders, and other memoranda and documentation related to the payment or cost (or lack thereof) of elements of this relationship or program.

4. PRIVACY ASSESSMENTS

A copy of any data retention guidelines or policies, data security policies, data security specifications, privacy impact assessments, security audits, or other materials evaluating or guiding the security of this relationship and programs or technologies adopted as part of its performance.

5. COMMUNICATION and MARKETING MATERIALS

All communications, marketing materials, and meeting notes relevant to or mentioning the relationship between this jurisdiction and this external entity, as well as development of associated programs and projects.

If another office would be a more appropriate destination for this request, we would be happy to forward this request according to your direction.

If additional agencies or jurisdictions would also have responsive or associated materials, provision of the names of those entities would also be appreciated.

Please provide materials on a rolling basis, if possible, beginning with any materials related to the agreement between these two entities.

If your office has any questions, please feel free to contact me at 617-299-1832.

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,

Beryl Lipton

From:

Thanks, Beryl.
This serves to acknowledge receipt of your open records request. Please refer to form ID number 12867 when communicating with Louisville Metro Government. 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 * Beryl Lipton
Business/Organization Name (If Applicable)
MuckRock News
Are you a media organization? *
Yes
Email * requests@muckrock.com (mailto:requests@muckrock.com)
Address MuckRock News DEPT MR 84103 411A Highland Ave
Somerville, MA 02144
United States
Phone Number 617-299-1832
Which Metro Government Agency
Do You Think Holds the Record(s)?
Select
Is this request for an environmental study? *
No
Specific Type of Record *
Other
Will this request require a search of Metro Government emails?
I'm not sure
Will the Record be used for
Commercial Purposes? (https://louisvilleky.gov/government/management-budget/open-records-commercial-purpose-form) *
No
Preference on Review of Records? *
PDF files (Attached to email if systems allow.)
Describe the specific record or records you wish to examine here or submit attachment with record description below: *

To Whom It May Concern:
Pursuant to the Kentucky Open Records Act, I hereby request the following records:
The following materials related to this jurisdiction’s three-year "digital alliance" agreement with Microsoft and any related entities.
1. AGREEMENTS and CONTRACTS
Any and all agreements related to this partnership or purchase.
This includes (but is not limited to) all contracts (as well as associated amendments, attachments, and exhibits), data sharing agreements, insurance agreements, intergovernmental services agreements, licensing agreements, memorandums of understanding, and nondisclosure agreements regarding or relevant to this relationship.
Please provide a copy of any informal agreements, insurance agreements, liability waivers, and warranties that may reference or guide the relationship between this agency and this external entity. Please also provide any materials detailing the plans or programs to be developed as part of this relationship.
2. BIDDING and PROCUREMENT
A copy of any available or relevant Requests for Expressions of Interest, Requests For Proposal (or equivalent calls for bids), responses to Requests for Expressions of Interest, letters of interest, responses to Requests for Proposal, sole source or limited source justification and approval documentation, documentation of selection, and other materials generated in the consideration and selection of the technology in question.
3. FINANCIAL and FUNDING MATERIALS
Any records related to the financing or funding of this relationship and related projects, including a copy of any invoices, related funding opportunity announcements, grant applications, grantor status/progress reports, purchase orders, and other memoranda and documentation related to the payment or cost (or lack thereof) of elements of this relationship or program.
4. PRIVACY ASSESSMENTS
A copy of any data retention guidelines or policies, data security policies, data security specifications, privacy impact assessments, security audits, or other materials evaluating or guiding the security of this relationship and programs or technologies adopted as part of its performance.
5. COMMUNICATION and MARKETING MATERIALS
All communications, marketing materials, and meeting notes relevant to or mentioning the relationship between this jurisdiction and this external entity, as well as development of associated programs and projects.
If another office would be a more appropriate destination for this request, we would be happy to forward this request according to your direction.
If additional agencies or jurisdictions would also have responsive or associated materials, provision of the names of those entities would also be appreciated.
Please provide materials on a rolling basis, if possible, beginning with any materials related to the agreement between these two entities.
If your office has any questions, please feel free to contact me at 617-299-1832.
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,
Beryl Lipton
Upload documents directly: https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AABV7SWiB6YFl2ZqpeHpSejPKBE%3A1ieLYG%3AF8zayKjwqpus4BM0HvAUdy2DUGM&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fcity-of-louisville-17524%252Fmicrosoft-and-louisville-ky-smart-city-digital-alliance-agreement-city-of-louisville-84103%252F%253F (https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AABV7SWiB6YFl2ZqpeHpSejPKBE%3A1ieLYG%3AF8zayKjwqpus4BM0HvAUdy2DUGM&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fcity-of-louisville-17524%252Fmicrosoft-and-louisville-ky-smart-city-digital-alliance-agreement-city-of-louisville-84103%252F%253F)

From: City of Louisville

Good evening,

We have determined that this request is for Commercial Purposes.

This determination was made because on the Muckrock website it mentions that “Filing requests through MuckRock starts at just $20 to file up to four requests<https://www.muckrock.com/accounts/signup/>, which includes advice, postage, follow up, and hosting of the materials in an easy-to-use format.” A Commercial Purposes request is defined, per KRS 61.870(4)(a), as “…the direct or indirect use of any part of a public record or records, in any form, for sale, resale, solicitation, rent, or lease of a service, or any use by which the user expects a profit either through commission, salary, or fee.”

Fees charged by Louisville Metro Government Agencies vary, see below for a breakdown of hourly charges for some of the agencies.

Metro fee: $25 and up

Please complete and return the attached form to our office. The form must be notarized. You can either email it to us or mail it to:
Office of Management and Budget
ATTN: Open Records
611 W. Jefferson Street
Louisville, KY 40202

Once we receive the completed form we will begin to process this request.

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: Beryl Lipton

Hello Ms. Scruggs,

I would like to clarify that this is a request being made as part of my reporting as a journalist for MuckRock. Though MuckRock does assist other requesters, it does so as a nonprofit news organization, and these materials will be used as part of a story in this series: https://www.muckrock.com/project/algorithmic-control-automated-decisionmaking-in-americas-cities-84/. I have already spoken to other members of the Louisville team as part of this work. If you could please update this response to reflect the facts of the request, I would appreciate it very much.

Please let me know if you have any additional questions.

Thank you for your time and help,
Beryl

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