|Submitted||Nov. 4, 2016|
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To Whom It May Concern:
Pursuant to the Massachusetts Public Records Law, M.G.L. c.66, §10, I hereby request the following records:
Any and all contracts (as well as all associated amendments, exhibits, and materials), memorandums of understanding, and other equivalent agreements entered into by this agency with Geofeedia LLC or any other social media surveillance software or equipment company (including but not limited to Brightplaent, Geofeedia, Intrado Inc, LifeRaft, Magnet Forensics, Media Sonar, Signal Corporation, and ZeroFOX). Responsive materials should include but not be limited to:
• the initial Invitation to Bid, Request for Proposal, or equivalent call for contractors
• the responsive materials provided by the winning bidder
• other bidder responses
• the current contract
• all exhibits
• all amendments
• all performance work statements
• all deliverables inventories
• all invoices related to the deliverance of software, services, or goods
Please also include:
• all policies related to the acquisition and use of social media and surveillance software by individual officers and representatives of this agency
I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
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 10 calendar days, as the statute requires.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Nov. 4, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
Dear Ms. Lipton,
I write in response to your public records request, which was emailed to Mr. Oeullete on November 4, 2016. Your request seeks "any and all contracts (as well as all associated amendments, exhibits, and materials), memorandums of understanding, and other equivalent agreements entered into by this agency with Geofeedia LLC or any other social media surveillance software or equipment company..." .
Please find attached to this email, the documents in the City's possession and control responsive to your request.
Your request asks that the documents be provided in an "accessible format, including for screen readers, which would require text-to-speech for persons unable to read print." A records custodian is only obliged to provide access to existing files, and is not required to create new documents or to provide documents in new formats. See M.G.L. c. 4 Section 7(26); see also 32 Op. Att'y Gen. 157, 165 (May 18, 1977) (custodian is not obliged to create a record in response to a request for information; the Public Records law and Regulations only apply to existing records). Therefore, we have provided responsive documents in the format in which they exist.
Please note that any fees associated with this request have been waived.
If you would like to appeal this response, you may do so at the address below:
Public Records Division
Secretary of the Commonwealth
One Ashburton Place, Room 1719
Boston, MA 02108
Thank you for your attention to this matter.
Hannah Pappenheim | Assistant City Solicitor
City of Lowell - Law Department
City Hall, 375 Merrimack Street, 3rd Floor | Lowell, MA 01852-5909
Tel: 978.674.4050 | Fax: 978.453.1510 | http://www.lowellma.gov<http://www.lowellma.gov/>
This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and its attachments, if any, and destroy any hard copies that you may have created and notify the Sender via email or telephone.
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