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HomeMy Public PortalAboutPRR 16-2183From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Sunday, May 15, 2016 11:42 PM To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org> Subject: Public Record Request - UDKS contracts Dear Custodian of Records, I request to inspect certain public records for the purpose of informing myself of the historic and current workings of the Town of Gulf Stream and its associated entities, vendors, consultants, advisers, contractors and agents. The records I wish to inspect may be material to current, anticipated or presently unforeseen legal action. The production of any and all responsive records is therefore urgent and must be acted upon in compliance with Florida Statutes and established case law as soon as possible. Before making this public record request, I first searched online and in the public records portion of your agency's website hoping I could locate the public records I seek without having to trouble you for it. Unfortunately I cannot find the records I request to inspect. Therefore I am writing you now and requesting you make every effort as required by law to produce these public records without delay. If you are not the custodian of the public records described herein please determine who that person is and notify me immediately in order that I may make this request to the appropriate person without delay. In all cases please reference Florida Statutes and appropriate case law when responding to this record request. Please read this entire request carefully and respond accordingly. This email is a singular request for public records. Please respond to this public record request in a singular manner and do not combine this public record request with any other public record requests when responding to this request. Do NOT produce any records other than records responsive to this request. Please identify by name the person or persons responding to this request. If the records I seek are in the custody of an entity under contract with your agency please contact that entity, inform them of their obligations under Florida Statute 119 and produce any responsive records in their custody. As background to the request I call your attention to the minutes of the Town Commission meeting held on April 8th 2011, Item VIII. A. 1. where Mr. Thrasher refers to the Comp Plan Amendment being part of UDKS' contract. Mr. Thrasher then refers to a previous contract with UDKS. I request to inspect the two contracts Mr. Thrasher refers to during discussion of Item VIII.A.1. of Town Commission public hearing held on April 8, 2011. I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by § 119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §I 19.07(1)(f) of the Florida Statutes. Produce for my inspection all responsive records and ONLY redact that portion of the record that you consider exempt. To be clear, if you consider an entire record to be exempt, produce that record in its entirety with all portions redacted that you consider exempt. I specifically ask you to do this in order that I may inspect fully redacted records for the purpose of challenging a particular redaction or establishing a reference for a future request of a record that is only temporarily exempt, as in the case of a public record that was prepared by an agency attorney exclusively for litigation and is only exempt from disclosure until the conclusion of the litigation. Please take note of §I 19.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual and entity in possession of records that may be responsive to this public records request, including individuals and entities under contract with your agency, to preserve and produce all responsive records on an immediate basis. If the public records being sought are maintained by your agency, or contactors for 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)(0, Florida Statutes. Please provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. Take note of § 119.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist, the production for inspection of which will require extensive use of information technologies or extensive staff time or both in excess of 15 minutes, then please provide those records that can be produced within the first 15 minutes and advise me of the cost you anticipate to be incurred by your agency for the remaining records prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining my written authorization to proceed. If you produce only a portion of all existing responsive records, please tell me that your response includes only a portion of all existing records responsive to this request. If you anticipate the need to incur any costs that I would be statutorily required to pay in order to inspect these public records which would exceed $1.00 please notify me in advance of your incurring that cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. Again, please do not incur any costs on my behalf without first obtaining my written authorization to proceed. The phrase Town of Gulf Stream when used herein refers to the Town in its entirety including all employees, appointees, officials, assignees, counsel and consultants including Town Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town Departments, Town Police Officers, Town Employees, Town Engineer, the law firm (Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all attorney, partner and employee members of that firm; the Town Counsel of Sweetapple, Broeker & Varkus including all attorney, partner and employee members of that firm, the Town Counsel of Richman Greer, P.A. including all attorney, partner and employee members of that firm and any other entity associated with the Town and subject to public records law. The term public records as used herein has the same meaning and scope as the definition of Public records adopted by the Florida Legislature as Statutes Chapter 119. A record that does not exist because of its disposition requires the creation of a disposition record. In all instances where you determine a record does not exist please determine if the record once existed and in its stead provide the disposition record for my inspection. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream@gmail.com July 8, 2005 Mr. William Thrasher, Town Manager TOWN OF GULF STREAM �� 3 2005100 Sea Road Gulf Stream, FL 33483 Re: TOWN OF GULF STREAM EVALUATION & APPRAISAL REPORT (EAR) UDS REF.#94-012.15 (EAR, LUP, GA) Dear Mr. Thrasher: urban1 Urban Design Urban Planning Land Planning Landscape Architecture This proposal is submitted by URBAN DESIGN STUDIO (UDS), hereinafter referred to as the "Consultant" to the TOWN OF GULF STREAM, hereinafter referred to as the "Client". This proposal is for professional services rendered by the Consultant as an agent for the Client. The Consultant shall facilitate the exchange of information to the Town of Gulf Stream as necessary for coordination of the work. The scope of services will include preparation and research for all public meetings, documents, maps, reports, activities and services required to prepare an Evaluation & Appraisal Report for the Town. Our services under this agreement will be as follows: PART I. EVALUATION & APPRAISAL REPORT; UDS REF. #94-012.15 (EAR) ■ Review of town conditions and circumstances; o Consultation and coordination with client's consultants and other professionals with regard to the EAR requirements; ■ Review of Comprehensive Plan and Zoning Regulations of the town in light of the goals and issues of the Evaluation & Appraisal Report; ■ Attendance at meetings with pertinent town staff, county staff, and Department of Community Affairs staff to review and confirm appropriate applications, forms, regulations and processes, if necessary (up to 3 meetings); ■ Coordination, administration and leadership ofworkshops and public meetings that are required for the EAR (up to 3 public meetings); ■ Update population analysis and predictions; ■ Assessment of existing development and the extent of vacant and developable lands; ■ Discussion on financial considerations in providing needed services to the community in the future; o An assessment of the success and shortcomings of each element of the Town's Comprehensive Plan; ■ An assessment ofthe coordination ofthe Town's future land uses and 47 25 Rosemary Avenue e Suite te 2 225 -The Lofts at City Place residential development with the capacity of existing and planned West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax vnvw.UDSonline.com G:Voba\Gu1rS1=rn Town oacommmskcntmct11ARmv.wpd LCC35 LCC35 William Thrasher, Town Manager Page 2 July 8, 2005 schools; ■ An assessment of the Town's Comprehensive Plan compliance with the South Florida Water Management District's Regional water supply plan; ■ An assessment of the Town's Comprehensive Plan compliance with Palm Beach County's Comprehensive Plan and EAR; ■ An evaluation ofwhether a pastreduction in land use densitywithin the coastal high -hazard area impairs the rights of current residents when redevelopment efforts occur; ■ Discussion of public participation activities in preparing for the EAR. ■ Coordination with the various governmental agencies required to complete the EAR; ■ Prepare written Evaluation & Appraisal Report, paper and digital copies to be presented to Town; w Fallow up with Town and DCA for additions and/or alterations of report (up to three revisions); e Site investigation based on site visit, aerial photographs, and any available surveys, studies or plans pertaining to the Town; ■ Preparation of required agreements and affidavits to be signed by Town Officials; ■ Preparation of required application forms, submittal letters and other required statements; e Consultation with elected and appointed officials as may be necessary; ■ Preparation of file memos noting discussions and actions at public meetings. PART II. PREPARATION OF EAR -BASED COMPREHENSIVE PLAN AMENDMENT UDS REF.#94-012.15 (LUP) ■ Coordination with staff on preparation of EAR -Based amendments; ■ Attend up to 3 public meeting for consideration and adoption of EAR -Based amendments; ■ Coordination with DCA on review of EAR -Based amendments; ■ Revised amendment, as needed, based on Town Commission, Town Staff and DCA comments. PART HI. PRESENTATION GRAPHICS; UDS REF.#94-012.15 (MG) ■ Preparation of required application submittal maps; ■ Preparation of PowerPoint presentation, including coordination of graphics prepared by others and additional support graphics necessary for successful presentation to the Town of the proposed EAR. PART IV. ADDITIONAL SERVICES; UDS REF. #94-012.15 (GA) Additional Services required as a result of substantial changes in the established project program, constraints or other major changes in the project concept, or as requested by the Client will require proper authorization by the Client and will be billed at the hourly rates referenced herein, or maybe negotiated on a fixed fee basis. Additional Services not included within this proposal are as fbUows;. G:VobAGulr5troam Town uACantr J5XC0nlmanEAR=v.wpd LCC35 FILE No.461 07/15 '05 1127 ID:URBAN DESIGN STUDIO FAX:561 366 1111 PAGE 4/ 6 William Thrasher, Town Manager Page 3 July 14, 2005 ■ Document revisions resulting from changes in other consultants work; ■ Revisions to the submitted support graphics, as requested by the client or as required by the Town of Gulf Stream staff -Planning & Zoning Commission,, Town Commission, or as a result of conditions of approval by DCA; ■ Additional support graphics deemed necessary for presentation to the reviewing bodies; ■ Photographic reproduction of project graphics; ■ Attendance at more than the number of meetings referenced above; ■ Preparation for anyoftheabavereferencedadditional meetings and follow-up coordination with Client or consultant team; ■ Preparation of any requireftorices and affidavits for notification of surrounding property owners; -' ■ All postage for possible maifing of notices to surrounding property owners; N Attendance and preparation:"faescoping-meeting with surrounding governmental entities and agencies; - -- ■ Digitalization ofexist! ng-comp=h=ive-plan_, FEES: — PART 1. EVALUATION--&-"PRAISAL REPORT; UDS REF. 094-012.15 (EAR) HOURLY NOT TO -EXCEED .............................. $30,000.00 PARTH. PREPARATIOAFOF-EAR-BAS€DCOMPREHENSIVE PLAN AMENDMENT UDS REF.494-012.15 (LUP) HOURLY JYEk'><'E EXCEED- ........................ $12,500.00 PART Ill. MISCELLANEOUS GRAPHICS; UDS REF. #94-012.15 tMq HOURLY NO -'f 7MEXCEER ............................... $2,500.00 PART 1V. ADDITIONAL SERVICES; UDS REF. #94-012.15 (GA) OPEN HOURLY Open Hourly and Hourly Not to Exceed fees shall be billed on an hourly basis in accordance with the hourly rates referenced on the attached "Terms" sheet. Reimbursable expenses arcirvadduiornto ptafessional service fees and shall include, but are not limited to: reproduction, travel, lodging, courier, telephone charges, and Client requested renderings and models. All vendor reimbufseble-e*penses-shall be billed-orra-ntonthly basis and charged at 1.15% of direct cost. Additionally, Consultant may suspend the performance of its services if Client fails to pay Consultant in full for services rendered or expenses incurred. Consultant shall have no liability because of such suspension of services or termination due to Client's nonpayment. G:Vo6AGolfSvowl Tuwn uACumrvcb%conlr¢IaABmgvpd LCf:,lS William Thrasher, Town Manager July 8, 2005 Page 4 Contract Notes: Consultant will make a reasonable effort to identhr waivers/variances required as a resuU ofdeviationsfnrom the land development regulations of the governing body. However, the CanStlliait and/or Client agree to ultinmtely rely on the governing body staff to ident+all required waivers/variances. Errors and Omissions: Modifications to plans and application materials required as a result of errors and/or omissions by the surveyor, engineer or any other consultant, or changes requested by the client or governmental agencies, will also be considered additional services, unless otherwise stated. Signage: Reg latorysignage shown on plans prepared by the Consultant is conceptual adv and subject to by die project engineer and approval by the permitting agencies. Construction Details: Pavement and Parking Construction details shown ort plans prepared by the Consndta t conceptual only and subject to review by the project engineer and approval by due permitting agencies. • Client agrees to advise Consultant of any known or suspected contaminants at the Project site. Client acknowledges and agrees that properProject nnaintenance is required after the Project is complete. A lack of innpn-oper nnaintamnce nnay result in damage to property or persons. Client further acknowledges and agrees that, as benveen dneparties to this Agreement, Client is solely responsible for the results ofany lack ofa- improper Thank you for the opportunity to submit this proposal. The terms of this agreement are attached hereto and are apart hereof. Receipt of this signed original proposal and your initial payment shall be our authorization to proceed. Sincerely, URBAN DESIGN STUDIO �? Marty R. A. Minor p Project Manager /�� cc: Ken Tuma, Principal Attachment: "Terms" APPROVED AND ACCEPTED THIS (L DAY OF QUf�� , 2005. By: 14, M /ajkr,-- _ , Print Xa rel- Authorized Agent G:VabAGulf Stream Town aAConlmcts\mnvaclEARrcv.wpd LCC35 TERMS — Fixed Fear shall be billed on a monthlypementage of professional services completed basis. — Fees related to Hourly services shall be billed monthly at the rates specified heroin. — The Consultant shag not= ad the estimated bomlyupset fees without further authorization. — Paymmtoffees do not in any way depend upon development approval by my gover mental agency or my other reviewing body excepting herewith any "bonus" pmvisims if applicable. — All balances shall be due upon receipt Invoices shall be considered pest due thirty (3 0) days from date of billing. — The Client shall be responsible for a twelve per cont (12%) carrying charge on ail past due mcomts. — Fees son subject to renegotiation if scope of services is not completed within six (6) months due to delays beyond the Consultant's control. — The Consultant shall not be responsible for my application fees or permit fees if required. — The Consultant shall not be responsible for my professional services or fees other than those specifically referenced in this agrecmenL — The terms of this agreement may be null and void if not accepted in thirty(30)days. — Owner hereby grants to UDS the right to Jim the =l property of Owner m to which the professional services of UDS under this Agreement apply, to the event of all sums, costs and fees due UDS hereunder. Such gen shall be filed, governed and foreclosed in the same mennerw Hem authorized under Chapter 713.03 (2), Florida Statutes. — Services and casts under this contract may he subject to a Florida asles tax. lfmqubed, such a tax will be added to the fees quoted herein. _ Nothing in this Agreement shall create a contractual relationship for the benefit of my third party. ADDMONAL SERVICES: Additional Services required as a result of mbstantial changes in the established projectpmgrsm, constraints or othermajor changes in the project concept, or as requested by the Client or Governing Body will require proper authorization by the client and will be billed at the hourly once referenced herein, or may be negodated on a fixed fee basis. BOURLYRATES: PRINCIPAL., 5110.1751hr. PROJECT DESIGNER/ PLANNER: 565-150Ihr. URBAN DESIGNERIPLANNER 575-1501hr. PROFESSIONAL SUPPORT: 545-65/hr. LANDSCAPE ARCHITECT: 555-125/ttr. TECHNICAL SUPPORT: 525-55/hr. Expert Witness testimony and deposition time will be billed at higher hourly mics. Hourlymics are subject to change upon thirty (30) day written notification. MENSES: Reimbursable expenses are in addition to professional service fees and shall include, but ore not limited to: reproduction, travel, lodging, courier, telephone charges, and client requested renderings and models. All vendor reimbursable expenses shag be billed on a monthly basis and charged at 1.15% oFdirect cast - USE AND OWNERSHIP OF DOCUMENTS: Upon the partes signing this Agreement, Consultant grunts Client a nonexclusive license to nue UDS documents as described in this Agreement, provided Client performs in accordance with the terms of this Agreement. No other license is implied or granted under this Agreement. All instruments of professional service prepared by Consultant, including, but not limited to, drawings and specifications, gmphirAngo design, and renderings are theproperty ofUDS. These documents shall notbe reused by Client on otherprojects without Consultant's written permission. UDS retains all rights, including copyrights, in its documents. Client or others cannot use UDS documents to complete this Project with others unless Consultant is found to have materially breached this AgreamenL INDEMNIFICATION: If this project involves construction es that term is ganemgy understood, and the Consultant does not provide landscape otchitectursl services timing the construction, including an—site monilaring, site visits, shop drawing review, design clarifications, etc., the Client agrees to indemnify, defend and hold Consultantbarmless from and against my and all claims, suits, demands, losses, castsandexpenses, and liabilities adsingoutof, arresuhing from, acts or omissions In the performance of said architectural services during construction by the Cgen4 and those agents, employees, or subcontractors other than the Constdtant TERMINATION: It is Rutherunderstood that, in case the Client fails to make mypayments when due, in full, within thirty (30) days of the receipt afnodfication m to the amounts then due, the Consultant may electnot to perform anyfurtherservices pursuant to this agreement and all payments aheadymadeshsll be retained as liquidated damages and the Consultant may elect to terminate the Contract Consultant shag have no liability because of such suspension of services or termination due to CgenPs nonpayment ATTORNEY'S FEES: — In connection with my litigation, including appellate proceedings odsing out of this agreement, the Consultant shall be added to recover from the Client my amounts due and/or unpaid, together with costs, interest and reasonable adomeys fens. CONFLICT: — Any changes to this contract shall be in writing and executed by all parties. In the event that them is disagreement between the parties mgarding arty of the terms of this agmemmt, said disagreement sholl be submitted to arbitration pursuant to the ndm and regulations of the American Arbitration Association. In no event shall my demandformadlation be made after such claim or dispute would be bared by applicable law. Thedecisionof the American Arbitration Association shall be binding on the parties. Mediation fees shag he shared equally. V:\CcntmctFcrrms\Tcrm.swpd November 2004 additional services TO: WILLIAM THRASHER, TOWN MANAGER FROM: MARTY MINOR DATE: MARCH 31, 2009 PROJECT NAME: TOWN OF GULFSTREAM EAR urban design ki ldaY Urban Planning and Design Landscape Architecture Communication Graphics UDKS PROJECT #: 94-012.015 UDKS LABOR CODE: LUP/MG DESCRIPTION OF SERVICES: PART I: PREPARATION OF EAR -BASED COMPREHENSIVE PLAN AMENDMENT (LUP) ■ Address and work with Treasure Coast Regional Planning Council to address its comments. ■ Research and respond to comments regarding the preservation of Australian Pines within the Town. ■ Coordinate with City of Delray Beach for creation of EAR -based Water Supply Plan ■ Additional research and analysis as the result of Department of Community Affairs' comments ■ Create updated Support Documents to the Comprehensive Plan PART If: PRESENTATION GRAPHICS (MG) ■ Research and update Comprehensive Plan maps to address DCA comments. FEES PART I. PREPARATION OF EAR -BASED COMPREHENSIVE PLAN AMENDMENT (LUP) Change Order Fee Amount:.......................................................$8,500.00 Current Fee Amount:............................................................ $15,000.00 Total Revised Fee (with Change Order)..................................$23,500.00 /HOURLY NOT TO EXCEED PART II. PRESENTATION GRAPHICS (MG) Change Order Fee Amount: $4,000.00 Current Fee Amount: .............................................................. $8,000.00 Total Revised Fee (with Change Order)..................................$12,000.00 /HOURLY NOT TO EXCEED APPROVED and ACCEPTED THIS -21 DAY OF 2009. ,,-A _ J MWr�#�W�WPIWZJLNIK ff-,W—Wp ILP Title r% ✓ / ■ Authorization is required prior to services • Original Terms apply G:Uobs\Gulf Stream Town of\Contracts\Add Ser LUP-MG.030609.doc 477 S. Rosemary Avenue Suite 225 - The Lofts at CityPlace West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDKstudlos.com LCC35 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 20, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2183 (UDKS contracts) As background to the request 1 call your attention to the minutes of the Town Commission meeting held on April 8th 2011, Item VIII. A. 1. where Mr. Thrasher refers to the Comp Plan Amendment being part of UDKS' contract. Mr. Thrasher then refers to a previous contract with UDKS I request to inspect the two contracts Mr. Thrasher refers to during discussion of Item VIILA.1. of Town Commission public hearing held on April 8, 2011. Dear Chris O'Hare [mail to: chrisoharegulfstream(i gmail coml, The Town of Gulf Stream has received your original record requests dated May 15, 2016. Your original public records request can be found at the following link: htto://www2.gulf- stream.org/weblink/0/doc/90662/Pagel asox. Please refer to the referenced number above with any future correspondence. You will find responsive documents by going to the same above link. We consider this closed. Respectfully, Town Clerk, Custodian of the Records