Michigan Freedom of Information Act. Request: Michigan Freedom of Information Act. Request: Pepsi and Coke (University of Michigan)

Meg Flom filed this request with the University of Michigan of Michigan .
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Communications

From: Meg Flom


To Whom It May Concern:

Pursuant to the Michigan Freedom of Information Act, 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 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 the contract(s) was cancelled, any and all materials related to its cancellation.
- If the contract was cancelled, 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 5 business days, as the statute requires.

Sincerely,

Meg Flom

From: University of Michigan

Ms. Flom,

Pursuant to the Michigan FOIA, a request made by electronic mail is not
received by the public body until one business day after the electronic
transmission is made. Therefore your request, which was sent to the
University by electronic mail on December 8th, was received by the
University on December 9th. If we are unable to respond to your request by
the fifth business day, December 16th, we will send you an extension notice.

Thank you,

Shannon

Shannon Hill
FOIA Coordinator
Freedom of Information Act Office | University of Michigan
hillsr@umich.edu | http://foia.vpcomm.umich.edu

From: University of Michigan

Ms. Flom,

I am writing in regard to your Freedom of Information Act request dated December 8, 2020, which was received on December 9, 2020.

Due to the large number of requests currently being processed by this office, it will not be possible to respond to your request within the five-day period accorded by the Michigan Freedom of Information Act. However, under Section 5 (2) (d) of the Act, the University is permitted to extend the deadline for not more than 10 business days beyond the initial due date.

The University will respond to your request on or before January 11, 2021.

Thank you,

Carolyn

________________________________
Carolyn Umbricht
Freedom of Information Act Office | University of Michigan

2025 Fleming Administration Building
503 Thompson Street
Ann Arbor, MI 48109-1340

(fax) 734.763.1399 | caumbric@umich.edu

From: University of Michigan

Ms. Flom,

In an email of December 16, 2020, which is contained in the email string
you included below, our office sent you a deadline extension notice. The
University will respond to your request on or before January 11, 2021.

Thank you,

Shannon

Shannon Hill
FOIA Coordinator
Freedom of Information Act Office | University of Michigan
hillsr@umich.edu | http://foia.vpcomm.umich.edu

From: University of Michigan

Dear Meg Flom,

I am writing in response to your Freedom of Information Act request below
dated December 8, 2020, which was received on December 9, 2020.

You requested:

- 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 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 the contract(s) was cancelled, any and all materials related to its
cancellation.
- If the contract was cancelled, the statement from the university about
cancellation.

Attached find a copy of the responsive contract between the University of
Michigan and Coca-Cola, which recently expired but was not canceled. There
are no records responsive to the second and third bullet points of your
request above pertaining to canceled contracts and statements from the
University. Therefore, your request is granted in part.

Please note that within 180 days from the date of this letter, you have the
right to appeal the denial of information to the President of the
University or seek judicial review in the court of claims to try to compel
disclosure. If you elect to appeal and the President upholds the denial,
you may still seek judicial review within the 180-day period.

An appeal to the President must be submitted in writing to: President’s
Office, c/o Liz Barry, The University of Michigan, 2080 Fleming
Administration Building, 503 Thompson Street, Ann Arbor, MI 48109-1340 (or
by email to: presoff@umich.edu). The statement must (1) identify the
request and the final determination by the FOIA officer that is being
appealed, (2) specifically state the word “appeal,” and (3) identify the
reason or reasons why the final determination should be reversed.

If you seek judicial review in the Michigan court of claims and prevail,
you will be awarded reasonable attorney's fees, costs and disbursements
incurred in maintaining the action. If you prevail in part, you may still
be awarded complete or partial reimbursement for those expenses. In
addition to actual and compensatory damages, you will be awarded punitive
damages in the amount of $1,000.00 if the court finds that the University
was arbitrary and capricious in its denial.

A copy of Section 10 of the Michigan FOIA is available for your reference
and review online at http://foia.vpcomm.umich.edu/foia-right-to-appeal/.

Sincerely,
[image: Shannon Hill signature.jpg]
Shannon Hill
FOIA Coordinator
Freedom of Information Act Office | University of Michigan
hillsr@umich.edu | http://foia.vpcomm.umich.edu

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