FOLLANSBEE AND MCLEOD, LLP

ATTORNEYS AT LAW

536 G RA NITE S TREET , 3 R D F LO OR E A ST B RA INTR EE , M A SSAC H U SETTS 02184

TELEPHONE (781) 848-1500 FACSIMILE (781) 848-2220

December 8, 2008 Mr. Richard R. MacDonald, Town Manager Town Hall - Town of Duxbury 878 Tremont Street Duxbury, MA 02332 Via Facsimile 1-781-934-9011 and First Class Mail RE: Request for Public Records

Dear Sir: Request This is a Request for Public Records (the Request) under the Public Records Act, G.L. c. 66, 1-16 (the Act), and Public Records Access Regulations, 950 C.M.R. 32.05 (the Regulations). Pursuant to the Act and Regulations, please provide for inspection and copying the documents specified below. In requesting a document, the request includes but shall not be limited to letters, notes, writings, correspondence, papers, memoranda, affidavits, statements, tapes, computer files, files on disks, drawings, sketches , tapes, transcriptions, audio or videotapes, records, contracts, leases, requests for proposals, advertisements, responses to
requests for proposals, purchase orders, bills of lading, shipping records, disposal records, payroll slips, check stubs, checkbooks, canceled checks, book ledgers, bankbooks, deposit slips, withdrawal slips, receipts, accountings, loans, expenditures, statements, passbooks, bank statements, federal and state income tax returns, bills, charge slips, certificates, documents of ownership, policies, deeds, inventories, pleadings, releases, judgments, offers for settlement, bills of sales, leases, loans, loan applications, reports, registrations, purchase and sales agreements, construction agreements or agreements of any kind whatsoever, building permits, books of accounts, accounts payable, accounts receivable, cash receipt journals, petitions, financial statements, expense sheets, profit and loss statements and balance sheets (Documents).

Documents Requested 1. All documents that refer or relate to Minutes of the North Hill Advisory Committee from January 1, 2004 to the present.

2.

All correspondence, memoranda, agreements, communications and Documents that refer or relate to the RFP promulgated by the Town of Duxbury in August, 2008, including, without limitation, the following documents: a. All Documents and drafts of documents regarding any capital improvement program. All Documents and drafts of documents regarding the evaluation criteria All Documents and drafts of documents regarding the Request For Proposals All Documents and drafts of documents regarding other golf course leases. All Documents and drafts of documents regarding customer surveys. All Documents and drafts of documents regarding the input from Duxbury residents. All correspondence, memoranda or Documents sent to or received from the Office of the Inspector General. All reports issued by the Office of Inspector General and sent to you regarding the North Hill Country Club Golf Course. All requests for proposals that refer or relate to the North Hill Country Club Golf Course, including, without limitation: i. ii. iii. iv. v. vi. Requests for proposals; Proposals submitted in response to requests for proposals (including both price and non-price portions of any proposal); Evaluations of proposals; Letters or Documents awarding contracts to successful proposers; Contracts; Decision to reject all proposals or bids.

b. c. d. e. f.

g.

h.

i.

3.

All documents that refer or relate to the requests for proposals for the operation of the North Hill Country Club Golf Course since 1993, including, without limitation, the following documents: a. b. All bidding lists and pre-bid correspondence. All Documents and agreements regarding management of North Hill Country Club Golf Course. All correspondence, memoranda or Documents sent to or received from the Office

c.

of the Inspector General. d. All reports issued by the Office of Inspector General and sent to you regarding the North Hill Country Club Golf Course. All agreements or Documents that refer or relate to any agreement with Johnson Golf Management, Inc. or Johnson Turf and Golf Management Inc. regarding work at North Hill Country Club since December 1, 2000. All requests for proposals that refer or relate to management of the North Hill Country Club Golf Course, including, without limitation: i. ii. iii. iv. v. vi. vii. viii. ix. g. Requests for proposals; Proposals submitted in response to requests for proposals (including both price and non-price portions of any proposal); Evaluations of proposals; Letters or Documents awarding contracts to successful proposers; Contracts; Purchase orders, bills and receipts for work performed or to be performed; Checks; Payment records; Work progress records.

e.

f.

Minutes of all meetings of the North Hill Country Club Advisory Committee since January 1, 1995. Audiotapes or videotapes of all meetings of the North Hill Country Club Advisory Committee since January 1, 2001. All Documents, memoranda or other records that refers or relates to the minimum evaluation criteria and the decision to include such material in the RFP for the North Hill Country Club Golf Course in 2008. All Documents that evidence, refer or relate to the criteria and decision to use any particular method of evaluating the non-price proposals for any request for proposals since January 1, 1995. All evaluation forms used by the North Hill Country Club Advisory Committee in evaluating non-price proposals since January 1, 1993. All Documents that establish the identity of the Chief Procurement Officer (as defined and set forth in G.L. c. 30B) for the Town of Duxbury and all documents that evidence any delegation of the authority of the Chief Procurement Officer. All Documents that evidence any written determination to utilize G.L. c. 30B 6

h.

i.

j.

k.

l.

m.

for the North Hill Country Club Golf Course since January 1, 1993. n. Copies of all other golf course leases and/or management contracts reviewed by the North Hill Country Club Advisory Committee from January 1, 2000 to the present. Copies of all customer surveys conducted by the North Hill Country Club Advisory Committee regarding the North Hill Country Club Golf Course from January 1, 2000 to the present. Copies of all written input received by the North Hill Country Club Advisory Committee from Duxbury residents regarding the North Hill Country Club Golf Course from January 1, 2000 to the present.

o.

p.

4.

All documents that refer or relate to the operation of the North Hill Country Club Golf Course since January 1, 1995, including, without limitation, the following documents a. All Documents and agreements regarding management of North Hill Country Club Golf Course. All correspondence, memoranda, notes or documents of the North Hill Country Club Advisory Committee sent to or received from Johnson Golf Management, Inc.1 and/or Douglas W. Johnson from January 1, 1995 to the present. All correspondence, memoranda, notes or documents of the Town of Duxbury sent to or received from Johnson Golf Management, Inc. and/or Douglas W. Johnson from January 1, 1995 to the present. Copies of all reports issued by the Office of Inspector General and sent to the Town of Duxbury and/or the North Hill Country Club Advisory Committee regarding the North Hill Country Club Golf Course. All agreements or Documents that refer or relate to any agreement with Johnson Golf Management, Inc. and/or Johnson Turf and Golf Management, Inc. pertaining to the North Hill Country Club Golf Course. All notes and correspondence that refer or relate to any work by Johnson Golf Management, Inc. and/or Johnson Turf and Golf Management, Inc. pertaining to the North Hill Country Club Golf Course.

c.

c.

d.

e.

All references to Johnson Golf Management, Inc. shall include Johnson Turf and Golf Management, Inc., which was the corporate name before June, 2003.

Payment for Copying As noted above, this Request seeks both prompt inspection of the documents and a copy of each such document. With regard to the copying, please be advised that we are willing to pay a reasonable fee as determined by 950 CMR 32.06 for such documents as provided by 950 C.M.R. 32.05. Since we recognized that the cost will likely exceed ten dollars, we have the right under 950 C.M.R. 32.06 to a written, good faith estimate of the applicable copying, search time and segregation time fees to be incurred. Please inform me of these estimated costs in advance.

Thank you for your attention to this matter.

Very truly yours,

Stephen R. Follansbee SRF\nb