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

Dear Kayla Henson:
Thank you for your interest in public records of the University of Utah. Your request has been received and will be processed in accordance with the Utah Government Records Access and Management Act, Utah Code §§ 63G-2-201 et seq., as amended (“GRAMA”). Your request was received on 1/23/2023 and given the reference number R003979-012323 for tracking purposes. Records Requested: To Whom It May Concern:

Pursuant to the { Utah 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 days }.

Sincerely,

{ Kayla Henson }

Upload documents directly: https://www.muckrock.com/
Your request will be sent to the relevant University department(s) to locate the records you seek and to determine any costs associated with satisfying your request. PLEASE NOTE: GRAMA does not require a governmental entity to answer questions, create a record, provide a record in a format not normally maintained by the governmental entity, or compile, format, summarize, or tailor information in response to a request.
You can monitor the progress of your request at the link below. You will receive an email when your request has been completed. Thank you for using the University of Utah Public Records Center. To monitor the progress or update this request please log into the University of Utah Public Records Center

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February 01, 2023 RE: PUBLIC RECORDS REQUEST of January 23, 2023, Reference # R003979-012323. The University of Utah received the following request for records from Kayla Henson on  January 23, 2023: "To Whom It May Concern:

Pursuant to the { Utah 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 days }.

Sincerely,

{ Kayla Henson }

Upload documents directly: https://www.muckrock.com/ Notice of Extension The University generally has ten business days to respond to requests for government records, or five business days in the case of a request that seeks an expedited response. See Utah Code § 63G-2-204(4). However, the University is unable to respond to your request within this time frame for at least one of the reasons described in Utah Code 63G-2-204(6)(c) through (h), including but not limited to the extraordinary circumstance that the governmental entity is currently processing a large number of records requests.
The University will endeavor to respond to your request by approximately 2/21/2023. See Id. § 63G-2-204(7)(c).

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February 03, 2023
RE: PUBLIC RECORDS REQUEST of January 23, 2023, Reference # R003979-012323.
The University of Utah received the following request for records from Kayla Henson on  January 23, 2023:
To Whom It May Concern:"

Pursuant to the { Utah 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 days }.

Sincerely,

{ Kayla Henson }

Upload documents directly: https://www.muckrock.com/
Records access considerations

The University, as a governmental entity of the State of Utah, is subject to the Government Records Access and Management Act, Utah Code sections 63G-2-101 to -901 (“GRAMA”).
The University of Utah has reviewed its files and has located records responsive to your request. Please log in to the University of Utah Public Records Center at the following link to access the public and responsive records: GRAMA Request - R003979-012323
Portions of the requested records have been redacted and/or withheld for the following reason(s): Utah Code §§ 63G-2-309(2); 63G-2-305(1) & (2). GRAMA allows individuals or entities who provide records to the University to make a claim of business confidentiality with respect to information so provided, and GRAMA prohibits the University from disclosing any information that is subject to a claim of business confidentiality. See id. § 63G-2-305(1) & (2); § 63G-2-309(2). The University is in receipt of a claim of business confidentiality with respect to certain portions of the responsive contract or proposal.  As such, the University has redacted/withheld those records in accordance with requests for confidentiality, as that information is classified under GRAMA as “protected.” See id. 63G-2-201(5)(a). GRAMA provides that “[a] governmental entity may charge a reasonable fee to cover the governmental entity’s actual cost of providing a record.” Utah Code § 63G-2-203(1). The University of Utah’s reasonable fee for records responsive to many GRAMA requests is $0.25/page. See id. §63G-2-203(1). Fees may also include “the cost of staff time for compiling, formatting, manipulating, packaging, summarizing, or tailoring the record either into an organization or media to meet the request” and “the cost of staff time for search, retrieval, and other direct administrative costs.” See id. § 63G-2-203(2)(a)(i) and (ii). The University has calculated the associated cost for your request will be $15.25. Please note the University is not requiring prepayment and has invoiced you for this amount.
Appeals
To the extent your request is denied, you have the right to appeal this decision pursuant to Utah Code §§ 63G-2-401(1)(a), (2) & (3). Any such appeal should be submitted to the University’s GRAMA chief administrative officer, Todd Samuelson, J. Willard Marriott Library, by email to gramaappeals@lists.utah.edu or by U.S. mail to 295 South 1500 East, Salt Lake City, Utah, 84112. A notice of appeal must be submitted within thirty (30) days of this denial and must include your name, mailing address, daytime telephone number, and statement of the relief sought. It may also include any facts, reasons, or legal support for your appeal.

RE: PUBLIC RECORDS REQUEST of January 23, 2023, Reference # R003979-012323.
Dear Kayla Henson,
Payment or prepayment is required in connection with your request. Please login to the to view your invoice and make an online payment. University of Utah Public Records Center
Alternatively, you may remit cash or check to the University of Utah, Office of General Counsel, 201 South Presidents Circle, Room 309, Salt Lake City, UT 84112-9018. Checks may be made payable to “University of Utah, Office of General Counsel.” Please include a copy of the invoice.
Sincerely, 
TERRA ROSSLAND
Director of Record Request Response
University of Utah
Note: The Utah Government Records Access and Management Act ("GRAMA") provides that “[a] governmental entity may charge a reasonable fee to cover the governmental entity’s actual cost of providing a record.”  Utah Code § 63G-2-203(1).  GRAMA recognizes that such costs may include “the cost of staff time for compiling, formatting, manipulating, packaging, summarizing, or tailoring the record either into an organization or media to meet the person’s request” and “the cost of staff time for search, retrieval, and other direct administrative costs.” See id. §§ 63G-2-203(2)(a)(i) and (ii).  Further, when a governmental entity expects that fees associated with a request will exceed $50 or a requester has not paid fees from previous requests, the “governmental entity may require payment of past fees and future estimated fees before beginning to process a request.” See id. § 63G-2-203(8)(a).