Portland, OR "Smart City" Contract Documentation (Bureau of Technology Services)

Dear Rebecca:

The City of Portland acknowledges receipt of your Public Records Request.  Your request was received in this office on December 28, 2020 and given the reference number C161282-122820 for tracking purposes.

Record Requested:  To Whom It May Concern:

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

This request for contract documents related to all smart city technology purchased or in operation by this agency for the period from 1/1/2015 - present.

These smart city technologies include any contract document that contains:
- The terms “smart city.”
- Internet of Things (IoT) technologies (such as connected sensors, lights, and meters that collect data).
- Mobility data collection (such as “intelligent transportation system" or rideshare or cell-phone location data agreements).
- Video technologies (such as “closed-circuit television,” traffic, security, or streetlight cameras).

Specifically, I am requesting contract documents to which this agency and any smart city technology vendor are parties. These materials include:
- Any lists of related contracts.
- Any contracts, including any pilot, proof-of-concept, and public-private partnership agreements.
- Any data purchase, licensing, or exchange agreements.
- Any privacy policies or terms of use/service.
- Any vendor distribution lists for related requests for proposals.

If another office would be a more appropriate destination for this request, I would be happy to forward this request according to your direction. If additional agencies or jurisdictions would also have responsive or associated materials, the provision of the names of those entities would also be appreciated.

These records will be used to inform research on “smart city system” best practices as part of Harvard Kennedy School’s Belfer Center for Science and International Affairs’ Technology and Public Purpose (TAPP) Project that culminates in May 2020. To accommodate this deadline and inclusion in analysis please expedite this request so that it is filled by February 2020. Because of our not-for-profit status and the fact that this request is about a matter in the public interest, I request a fee waiver. If you have any questions or would like to discuss narrowing the request, please contact me directly at rebeccawilliams@hks.harvard.edu or ‪(857) 400-0323.

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 10 business days.

Sincerely,

Rebecca Williams

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/
At this time, the City is uncertain whether it is the custodian of the requested record.  The City will review your request to determine if it has responsive records.  The City will then gather an estimate of the costs to provide copies of requested public records for which the City does not claim an exemption from disclosure.  The City is permitted to charge its actual costs to provide records.  Fees include research time to locate and analyze the requested records, even if no records are located or if the requested records are determined to be exempt from disclosure.

You can monitor the progress of your request at the link below.  Thank you for using the Portland Public Records Request Center.

RE: City Public Records Request of December 28, 2020 Reference # C161282-122820

Dear Rebecca,

The City received a Public Records Request from you on December 28, 2020 for the following:
"To Whom It May Concern:

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

This request for contract documents related to all smart city technology purchased or in operation by this agency for the period from 1/1/2015 - present.

These smart city technologies include any contract document that contains:
- The terms “smart city.”
- Internet of Things (IoT) technologies (such as connected sensors, lights, and meters that collect data).
- Mobility data collection (such as “intelligent transportation system" or rideshare or cell-phone location data agreements).
- Video technologies (such as “closed-circuit television,” traffic, security, or streetlight cameras).

Specifically, I am requesting contract documents to which this agency and any smart city technology vendor are parties. These materials include:
- Any lists of related contracts.
- Any contracts, including any pilot, proof-of-concept, and public-private partnership agreements.
- Any data purchase, licensing, or exchange agreements.
- Any privacy policies or terms of use/service.
- Any vendor distribution lists for related requests for proposals.

If another office would be a more appropriate destination for this request, I would be happy to forward this request according to your direction. If additional agencies or jurisdictions would also have responsive or associated materials, the provision of the names of those entities would also be appreciated.

These records will be used to inform research on “smart city system” best practices as part of Harvard Kennedy School’s Belfer Center for Science and International Affairs’ Technology and Public Purpose (TAPP) Project that culminates in May 2020. To accommodate this deadline and inclusion in analysis please expedite this request so that it is filled by February 2020. Because of our not-for-profit status and the fact that this request is about a matter in the public interest, I request a fee waiver. If you have any questions or would like to discuss narrowing the request, please contact me directly at rebeccawilliams@hks.harvard.edu or ‪(857) 400-0323.

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 10 business days.

Sincerely,

Rebecca Williams

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/

You have requested a fee waiver from the City of Portland for the fees associated with your public records request.  Your request is complicated enough to require me to complete a cost estimate according to statute.  I want to give you an opportunity to provide more information related to your waiver request while I prepare my estimate.  Please provide the following information to help me evaluate your fee waiver request:

1) How do you or your organization intend to use the information?  (Please answer regarding the specific information requested as opposed to speaking generally regarding information on the general topic requested);

2) How will the information benefit the wider public?  (Please explain how this specific information assists the public given the information already provided to the public on this topic);

3) How do you or your organization intend to disseminate the information to the wider public?

Without responses to all 3 of these questions it may be difficult, or even impossible, to assess whether the requested disclosure is in the public interest because it will primarily benefit the public.

Please also bear in mind that the Bureau providing the records must weigh the public's interest in disclosure against the cost to the public of fulfilling the request without reimbursement.  As part of that balancing of interests, the City may consider the volume of the records requested.  Please discuss whether a more narrowly tailored, and thus less expensive, request could equally meet the public interest.

Sincerely,

HEATHER HAFER
Senior Management Analyst

--- Please respond above this line ---
Dear Rebecca, Under the Oregon Public Records Law, the requester must ask for documents or records and identify those for the City. The Oregon Public Records Law requires the City to provide a “specific document requested by a person.” Petition  of Merrick, MCDA PRO 16-05 p. 1-2 (April 15, 2016).  “[T]he Public Records Law "does not require public bodies to explain or to answer questions about their records, analyze their records, or perform legal research or opinions."’ Id. citing Attorney General's Public Records Manual, p.7 (2014). A requester cannot reframe a question as a public records request to avoid this result: “A person does not alter the essential nature of a question by framing it in terms of public records.” Petition  of Merrick, MCDA PRO 16-05 p. 2 (April 15, 2016).  The Multnomah District Attorney explained the difference between asking a question framed as a record request and asking for specific records.  As that opinion explained “The practical distinction between these two formulations is who must analyze the question being asked and determine what categories or types of documents might be responsive to the. question. Under the public records law that responsibility lies with the requestor. “ Id. Your ”request” asks for contracts on a broad series of topics and ask the City to perform analysis to determine which contracts fall into your broad categories.  The City is not required to do so.  You need to identify specific records we can provide you.  Here are some options:
* You may provide us with a list of vendors and ask if we have contracts with those vendors. You may provide us with a list of specific terms and we will search our procurement database for those terms. If you have another method of narrowing your request and identifying specific records, please do so,  You may not change or expand you request.  You may also decide that you wish to withdraw this request and make a new specific request that identifies the records you wish the City to provide. Note: Your request was transferred to me for coordination going forward, as our bureau houses the SmartCity PDX program for the City. Thanks, Christine Llobregat Public Information Officer City of Portland Bureau of Planning and Sustainability 503-298-0199

--- Please respond above this line ---

RE: City Public Records Request of December 28, 2020 Reference # C161282-122820

Dear Rebecca,
The City received a Public Records Request from you on December 28, 2020 for the following: "To Whom It May Concern:

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

This request for contract documents related to all smart city technology purchased or in operation by this agency for the period from 1/1/2015 - present.

These smart city technologies include any contract document that contains:
- The terms “smart city.”
- Internet of Things (IoT) technologies (such as connected sensors, lights, and meters that collect data).
- Mobility data collection (such as “intelligent transportation system" or rideshare or cell-phone location data agreements).
- Video technologies (such as “closed-circuit television,” traffic, security, or streetlight cameras).

Specifically, I am requesting contract documents to which this agency and any smart city technology vendor are parties. These materials include:
- Any lists of related contracts.
- Any contracts, including any pilot, proof-of-concept, and public-private partnership agreements.
- Any data purchase, licensing, or exchange agreements.
- Any privacy policies or terms of use/service.
- Any vendor distribution lists for related requests for proposals.

If another office would be a more appropriate destination for this request, I would be happy to forward this request according to your direction. If additional agencies or jurisdictions would also have responsive or associated materials, the provision of the names of those entities would also be appreciated.

These records will be used to inform research on “smart city system” best practices as part of Harvard Kennedy School’s Belfer Center for Science and International Affairs’ Technology and Public Purpose (TAPP) Project that culminates in May 2020. To accommodate this deadline and inclusion in analysis please expedite this request so that it is filled by February 2020. Because of our not-for-profit status and the fact that this request is about a matter in the public interest, I request a fee waiver. If you have any questions or would like to discuss narrowing the request, please contact me directly at rebeccawilliams@hks.harvard.edu or ‪(857) 400-0323.

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 10 business days.

Sincerely,

Rebecca Williams

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/ Please be advised that your public records request is closed, due to lack of communication or payment from you.  The City requested a deposit on this request and has not received either payment or communication from you in over 60 days.  This request is now closed.  Please be advised that the City of Portland does not monitor requests that have been closed.  If you are still in need of these records, please log on to the City of Portland Public Records Request Center and re-submit your request.
Sincerely,
CHRISTINE LLOBREGAT
Public Information Officer (she/her) If you are having technical difficulties with the website, please contact the website administrator by phone or email.  (503) 823-6040 or prrhelp@portlandoregon.gov

To monitor the progress or update your request click here: Portland Public Records Request Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HXmoon8bUdJMgoBOcXKIVU-2Bg2lC8UTpQxh-2BOzN5ttvsIdxNkHKrfB9bXz3-2Bk1zEk-2Fw-3D-3D6HxB_WWS6kJH-2BNvQrs0Xw4yL6hrC4AGUIOnwtGPtL66AQqlUYfW3bCt-2FDCOLAxzNvf3fPTWcSlyHArhD5Ig3-2B4Sj2XmIydOQa3lgSQbeCKfm0ZVHCvZONYRfQtOPr-2B-2BGkYHmrELJIOUjjL9jbVsy5IBrRqDoNc23rP-2BkF6jAdMg3L1cSXPMi0ZFj6ByAfRKSbm8ItI-2FhtL7Nw7hHXe4-2BRnvI1kR2uDO-2BIPOXtLUB97JxpBiH86-2BqHO2m6dKg5KUqow7domhcdDZ0UDmIw2Aied-2BRSy7pIUDOM4QAzjvHCjh1s92SYYTnz-2BBBVVBsUqXWfdmJrrnHkkNIrOb2tdQvAbmMzn4x0s-2FWiq0s4ggsnIUXsBrNjFy6QvZC0LBCnyy18Q-2B-2BufsfO2TwNk2XAGMDreoSkUA-3D-3D)