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Home My Public Portal AboutPRR 17-2524RECORDS REQUEST (the “Request”) Date of Request: _______________ Requestor’s Request ID#: __________________ REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: __ Martin E. O’Boyle _______________________________ REQUESTOR’S CONTACT INFORMATION: E-Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records@commerce-group.com; Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: In connection with the Underground Utility Project, which involves Danny Brannon (Engineer), provide all schedules, contracts and communications together with all other government records. ADDITIONAL INFORMATION REGARDING REQUEST: The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its officers, its staff, its Police Department, its Police Officers; including, without limitation, the attorneys, employees and partners of the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE §119.01(2)(F), FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF §119.07(1)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT “IF A CIVIL ACTION IS INSTITUTED WITHIN THE 30-DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES.” ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by the Agency. “BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE “PUBLIC RECORDS” AS DEFINED IN CHAPTER 119, FLORIDA STATUTES”. IN CONNECTION WITH ANY RECORDS WITHHELD, NOT PRODUCED OR REDACTED, PLEASE PROVIDE US WITH A “PRIVILEGE LOG” AND/OR THE BASIS (PURSUANT TO CHAPTER 119 OF THE FLORIDA STATUTES) FOR ANY SUCH RECORDS WITHHELD, NOT PRODUCED OR REDACTED. I/P/NP/FLRR 03.30.2017 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail April 6, 2017 Martin E. O’Boyle [records@commerce-group.com] Re: GS #2524 (PRR 1413) In connection with the Underground Utility Project, which involves Danny Brannon (Engineer), provide all schedules, contracts and communications together with all other government records. Dear Martin E. O’Boyle [records@commerce-group.com]: The Town of Gulf Stream has received your public records request dated April 5, 2017. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/110560/Page1.aspx Please be advised that the Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 21, 2017 Martin E. O’Boyle [Mail to: records@commerce-group.com] Re: GS #2524 (PRR 1413) In connection with the Underground Utility Project, which involves Danny Brannon (Engineer), provide all schedules, contracts and communications together with all other government records. Dear Martin E. O’Boyle [Mail to: records@commerce-group.com]: The Town of Gulf Stream received your public record request on April 5, 2017. Your original request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/110560/Page1.aspx The Town estimates that to fully respond to your extremely broad request will require approximately 18 hours of time for those records in the possession of Danny Brannon at his hourly rate of $185.00, an hour of IT support at $95.00 per hour and an additional eight hours of administrative support at $38.54 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). If the costs of producing these documents will exceed your deposit, the Town will provide you with an initial production of responsive records and an estimate for the production of any additional responsive records. If the costs of production are less than the deposit, the Town will provide you with the responsive records and a refund. (18 hours @ $185.00 = $3,330.00) + (1 hour @ $95.00) + (8 hours @ $38.54 = $308.32) – (.25 hour @ $38.54 = $9.64) = $3,723.68 If you care to narrow the scope of this request, please let us know. If we do not hear back from you within 30 days of this letter, we will consider this request closed. Sincerely, Reneé Rowan Basel As requested by Rita Taylor, Town Clerk Custodian of the Records Renee Basel From:Marty O'Boyle <moboyle@commerce-group.com> Sent:Friday, July 7, 2017 4:46 PM To:Renee Basel Cc:Records; Brenda Russell; David Licker; William Ring; Jonathan O'Boyle; Giovani Mesa; Nick Taylor; Ian Singer; Daniel Welch Subject:RE: GS #2524 (PRR 1413) E-Mail from TOGS deposit due of $3,723.68, if you care to narrow the scope of this request please let us know, reply within 30 days Attachments:GS #2524 (PRR 1413)_prod.clarifyest.pdf Dear Ms. Basel, as regards the captioned Request, although we do not view it as “extremely broad”, please see “condensing language” (“highlighted”) below, which should eliminate the costs, as the documents should be now readily available. In connection with the Underground Utility Project, which involves Danny Brannon (Engineer), provide all schedules, contracts and communications together with all other government records, in the possession of the Town of Gulfstream at the Town Hall on Sea Road in Gulfstream, Florida. Kindly let me knowif you have any additional questions. Otherwise, I await your prompt response. Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyle@commerce-group.com Web Page: www.commerce-group.com From: Records Sent: Thursday, July 06, 2017 1:54 PM To: Marty O'Boyle; Brenda Russell; David Licker; William Ring; Jonathan O'Boyle; Giovani Mesa; Nick Taylor; Ian Singer; Daniel Welch Subject: FW: GS #2524 (PRR 1413) E-Mail from TOGS deposit due of $3,723.68, if you care to narrow the scope of this request please let us know, reply within 30 days REQUEST #1413 (request made 4/5/17 – E-Mail from TOGS received 6/21/17) 1 Dear Ms. Basel: I hope this communication finds you well. From: Renee Basel \[mailto:RBasel@gulf-stream.org\] Sent: Wednesday, June 21, 2017 4:04 PM To: Records Subject: GS #2524 (PRR 1413) Good afternoon, Mr. O’Boyle: See attached correspondence. Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www.gulf-stream.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 2 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 12, 2017 Martin E. O’Boyle [Mail to: records@commerce-group.com] Re: GS #2524 (PRR 1413) In connection with the Underground Utility Project, which involves Danny Brannon (Engineer), provide all schedules, contracts and communications together with all other government records. Dear Martin E. O’Boyle [Mail to: records@commerce-group.com]: The Town of Gulf Stream received your public record request on April 5, 2017. Your original request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/110560/Page1.aspx Thank you for your clarification we received on July 7, 2017. Based upon that clarification, the Town estimates that to fully respond to your request will require approximately an hour of IT support at $95.00 per hour and an additional eight hours of administrative support at $38.54 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). If the costs of producing these documents will exceed your deposit, the Town will provide you with an initial production of responsive records and an estimate for the production of any additional responsive records. If the costs of production are less than the deposit, the Town will provide you with the responsive records and a refund. (1 hour @ $95.00) + (8 hours @ $38.54 = $308.32) – (.25 hour @ $38.54 = $9.64) = $393.68 Upon receipt of your deposit, the Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. If we do not hear back from you within 30 days of this letter, we will consider this request closed. Sincerely, Reneé Rowan Basel As requested by Rita Taylor, Town Clerk Custodian of the Records