Water system privatization - FWW (100) (Fulton County Water Services Division)

This confirms that the below open records request has been received. You will receive an email from GovQA shortly in regards to logging into the system.

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Shana Eatmon
Legal Assistant
Open Records, Office of the County Attorney
404-612-0246 (Office)
404-612-0275 (Direct)
Connect with Fulton County:
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Notice of Confidentiality:
This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This communication, and any attachments thereto, contain confidential attorney-client privileged information and attorney work product. If you are not the intended recipient, any disclosure, viewing, copying, distribution or use of any of the information contained in or attached to this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you.

Dear Beryl Lipton:

Thank you for submitting an Open Records Request to Fulton County, Georgia.

The County received your Open Records Act request dated August 19, 2019 and has assigned the reference number R004697-081919 for tracking purposes.

Record(s) Requested: Pursuant to the Georgia Open Records Act, I hereby request the following records:
Materials related to agreements and proposals, solicited and unsolicited, for the ownership, operation and/or management responsibilities of the water system, the sewer system, a water treatment plant, and/or wastewater treatment (or any portions thereof), including (but not limited to) those materials referencing the entities listed below.
Please include as responsive the following records:
1. Agreements: Any contracts, services agreements, memorandums of understanding, or like agreements related to the ownership, operation and/or management responsibilities of the water system, the sewer system, a water treatment plant, and/or wastewater treatment (or any portions thereof);
2. Procurement: Any request for qualifications, request for proposals, or other bids (both solicited and unsolicited) for the ownership, operation and/or management of the water system, the sewer system, a water treatment plant, or a wastewater treatment; and
3. Communications: For the period between January 1, 2018 and May 1, 2019, any communication (including postal mail, emails, memoranda, meeting agenda or minutes, presentations, and text messages) between representatives of each utility (including the directors of the utility, general managers, the purchasing director, and any other applicable utility representatives) and representatives from water companies or other private water system operators, including:
a. Suez (domain: suez-na.com), including “Jim.Perron@suez-na.com”
b. Veolia
c. American Water or a state affiliate, subsidiary, or representative
d. Aqua America or a state affiliate, subsidiary, or representative
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 3 business days, as the statute requires.
Sincerely,
Beryl Lipton

We will send out the request to the appropriate department(s).  If you should have any questions or concerns about the requested documents, please feel free to contact the Fulton County Open Records team. If there should be a cost associated with the Open Records Request we will contact you in a timely manner.

Fulton County has a new Open Records Center that allows you to submit and track Open Records Act requests.  Please visit the link below to monitor request progress and submit future requests.
Open Records Center (https://u8387795.ct.sendgrid.net/wf/click?upn=Ow1KccipsoIsnXbuEgm-2FN4OjjpaOTni1dw7ZZpYRHqcvgCfNYVRySRJK2HLMZoK1-2FGhDGE4WxNyNUQLDMwK0o10c5XziEqlLulFTt1ksLrmxn0WNFHwUJw3-2FfPtAaz0V_X7iZFbdydXxT-2FbHNwRY2E-2BwgXSvdug0-2FPtE-2FCc1Ab2J4RUkszgvVdHiDjyIR9na8HngRUgI2R-2BLAEHv3B4cp6VNJSbffsF23pmP6K14Afjeon4SNquSZyXkEV2oTD22rMyvffMWJwewxPooZfTYIv6X6FrSdOF5yKthubCO119VCoQ1mORdgBX2DLf47g3NL4f3jclr7hgoe1GGICDjC208TjGmZx4rXUCwG9WgpJPgRjaGxB3UlUgSHsfnRv8X2hWIo-2FWZEEND4CAHp4jKZepUfTug1ApFwEysORhReApVcaQfC7ltGd9Xq9dmnA2Rf1vtLcNCh4E3MgbEatZ6jCvT8BXhmQacg7NP18PRAgjohf1b2mHgLYmK0Y69t1Fi3G3eBg7F3yl5tefL3t6lRUQ-3D-3D)

Fulton County Open Records

Dear Beryl Lipton,

Thank you for registering with the Records Center.  Please log in to the Records Center to update any contact or password information and to track the progress of your request.
Login: requests@muckrock.com

If you have never used this system or cannot remember your password you may request a temporary password here: Request Temporary Password (https://fultoncountyga.mycusthelp.com/webapp/_rs/forgotpassword.aspx)
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.

Good Morning Mr. Lipton:

I do apologize as that this is my first receipt of an open records request, which is why the previous request was probably not responded too. This request has now been uploaded to the open records portal.

To ensure open records requests are being submitted, please submit future open records requests through the open records portal with the below link:

http://www.fultoncountyga.gov/open-records-request

Thank you and have a wonder day,

[cid:image001.png@01D5567B.BF292AD0]

Shana Eatmon
Legal Assistant
Open Records, Office of the County Attorney
404-612-0246 (Office)
404-612-0275 (Direct)
Connect with Fulton County:
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Notice of Confidentiality:
This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This communication, and any attachments thereto, contain confidential attorney-client privileged information and attorney work product. If you are not the intended recipient, any disclosure, viewing, copying, distribution or use of any of the information contained in or attached to this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you.

--- Please respond above this line ---
OFFICE OF THE COUNTY ATTORNEY 141 PRYOR STREET, S.W. SUITE 4038 ATLANTA, GEORGIA 30303

STEVEN ROSENBERG
OPEN RECORDS CUSTODIAN
TELEPHONE (404) 612-0259
FACSIMILE (404) 730 -6324



Dear Requester Lipton, I write in response to your request for records from Fulton County.  As an initial proposition, your request amounts to a request for a compilation of records not currently in existence and not required to be created pursuant to O.C.G.A. sec. 50-18-71(j).  Simply put, Fulton County does not maintain "all records" related to our water system, it's management, or any particular sale or proposal in one file.  That said, I have reached out to our public works department and inquired if they can make a reasonable search of their records to determine if they maintain anything responsive.  To the extent there are any records which are not exempt from disclosure, I believe we can have the same within 3 business days. With respect to communications, to the extent you are seeking emails, Fulton County must run individual scripts in order to extract emails and until the scripts are run, it is impossible to determine the exact cost of responding to your request.  The cost to create and run the script will depend upon the search terms, number of boxes searched, and time frame for said search.  The cost to prepare a search of emails is billed at a rate of $28.42/hour.  However, this cost does not include the cost to review those emails for material that may be excluded under Georgia law.  For example, any responsive emails must be reviewed for attorney-client and work product material in accordance with O.C.G.A. 50-18-72(a)(41) and (42), personal identifiable information of a private customer pursuant to O.C.G.A. 50-18-72(a)(20), personal identifiable information of a public employee pursuant to O.C.G.A. 50-18-72(a)(21) and unauthorized disclosure of medical records pursuant to O.C.G.A. 50-18-72 (a)(2). The cost of this review is $20.19 per hour.  We can currently review 1 email per minute or 60 emails in an hour.  The hourly rate of the lowest paid, full-time employee capable of such review is $20.19.  Therefore, you will be charged $20.19 for every 60 emails of review.  In order to run an email search, and pursuant to O.C.G.A. 50-18-71(g) we need sufficient information about the messages you seek to allow us to locate the specific messages sought.  For example, the email addresses and title of both the sender and recipient as well as specific "key words" you would like us to search.  A time period for searching would also be helpful.  Please be advised that we can only search mailboxes that end in @fultoncountyga.gov. As soon as you provide us with search information and we get the results of the email search, we will know the exact number of responsive emails and can provide you with an exact cost for review.  At that time, you can either commit to pay the cost or withdraw your request.  This request will be paused until such time as you provide additional information regarding your search.  If you do not provide said information within 10 days, the request will be closed.  In the meantime, I will get back to you with our response from the department.
Steve Rosenberg Open Records Custodian

To monitor the progress, update this request, and retrieve responsive records, please log into the Fulton County Open Records Center. (https://u8387795.ct.sendgrid.net/wf/click?upn=Ow1KccipsoIsnXbuEgm-2FN4OjjpaOTni1dw7ZZpYRHqcvgCfNYVRySRJK2HLMZoK1-2FGhDGE4WxNyNUQLDMwK0o10c5XziEqlLulFTt1ksLrmxn0WNFHwUJw3-2FfPtAaz0V_X7iZFbdydXxT-2FbHNwRY2E-2BwgXSvdug0-2FPtE-2FCc1Ab2J4RUkszgvVdHiDjyIR9na8HngRUgI2R-2BLAEHv3B4cp6cI0gqEUw9ocCYVJTUg0EGWxMaucwFa5Nnnzti6L7EWX3hUt6Fru8IEFQs18MzJC7itR-2FooInzVrbLEPHK6o9Q7ostCQ9ZPlVWv3TKBcxWYv5kQKQspgdPdeg3k9h4JmMuPJnd4KycRFD2s-2FN1zZhkDcGOCaVE0zqDG6u7UjixZrw9tb-2F6p6D4L6LfRwaMYEvkfeQK0rA3rhhUwSrtlApcrbmBZAKwKS-2BIavCGfwZhHDgKY8yx8iJZM84c3AldzQIPalP6Of-2FE-2BVU8oSmwKKqvz3BkM0Stp-2F0HidYQqKVzPvI-2B6gkDgYjpJVM8pkXuoT8A-3D-3D)

--- Please respond above this line ---
OFFICE OF THE COUNTY ATTORNEY 141 PRYOR STREET, S.W. SUITE 4038 ATLANTA, GEORGIA 30303

STEVEN ROSENBERG
OPEN RECORDS CUSTODIAN
TELEPHONE (404) 612-0259
FACSIMILE (404) 730 -6324




Mr. Lipton,
I've spoken to the department and they have asked that you pair down your request as there is too much information that might be responsive for them to meaningfully respond. This request will be paused until you clarify or specify exactly what records you are seeking.
Steve Rosenberg
Open Records Custodian
To monitor the progress, update this request, and retrieve responsive records, please log into the Fulton County Open Records Center. (https://u8387795.ct.sendgrid.net/wf/click?upn=Ow1KccipsoIsnXbuEgm-2FN4OjjpaOTni1dw7ZZpYRHqcvgCfNYVRySRJK2HLMZoK1-2FGhDGE4WxNyNUQLDMwK0o10c5XziEqlLulFTt1ksLrmxn0WNFHwUJw3-2FfPtAaz0V_X7iZFbdydXxT-2FbHNwRY2E-2BwgXSvdug0-2FPtE-2FCc1Ab2J4RUkszgvVdHiDjyIR9na8HngRUgI2R-2BLAEHv3B4cp6dT4pRkde2qKrpwr8mEJJdBCatRQeB5KY1eEJdLkvoDJgJCGyUQGwcjuyR5ynr2X3d-2BRjME1q1XUvCsNa8aQ357I-2BnhL-2Bo-2BdaCWz779-2Bdx-2Bc8Flj-2BVcfvsvRQ9JEziSFSGHR4MaSS0-2B9y7dN3lZAEpI4d2XpJO3rfpamcXRFg7DBljmqv3ZrbZDyV7ZFvogosWG12d9muN9EY69JTq390B9Y-2BxTsff-2BDlf4RxVcoIAYPRfGaQYS5i1T3JBPdxTmVZRDVSSiK4v6LtgN4weAaaRiONtVojYyJgXpfPqJhJCW6RNtCrzFjpxfN67Gy3gKciA-3D-3D)

Dear Beryl Lipton,

In regards to the Open Records Request received on 8/19/2019 requesting records, the records have been in " status for 10 days. The Fulton County considers this request closed. If you would still like the records, please submit another Open Records Request. Thank you for using the Open Records Center. Requested Clarification"
Request Details:

Reference # R004697-081919

Description of Records Requested: Pursuant to the Georgia Open Records Act, I hereby request the following records:
Materials related to agreements and proposals, solicited and unsolicited, for the ownership, operation and/or management responsibilities of the water system, the sewer system, a water treatment plant, and/or wastewater treatment (or any portions thereof), including (but not limited to) those materials referencing the entities listed below.
Please include as responsive the following records:
1. Agreements: Any contracts, services agreements, memorandums of understanding, or like agreements related to the ownership, operation and/or management responsibilities of the water system, the sewer system, a water treatment plant, and/or wastewater treatment (or any portions thereof);
2. Procurement: Any request for qualifications, request for proposals, or other bids (both solicited and unsolicited) for the ownership, operation and/or management of the water system, the sewer system, a water treatment plant, or a wastewater treatment; and
3. Communications: For the period between January 1, 2018 and May 1, 2019, any communication (including postal mail, emails, memoranda, meeting agenda or minutes, presentations, and text messages) between representatives of each utility (including the directors of the utility, general managers, the purchasing director, and any other applicable utility representatives) and representatives from water companies or other private water system operators, including:
a. Suez (domain: suez-na.com), including “Jim.Perron@suez-na.com”
b. Veolia
c. American Water or a state affiliate, subsidiary, or representative
d. Aqua America or a state affiliate, subsidiary, or representative
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 3 business days, as the statute requires.
Sincerely,
Beryl Lipton

To view the full details of  this request please log into the Open Records Center. (https://fultoncountyga.mycusthelp.com/WEBAPP/_rs/RequestEdit.aspx?rid=14645)