HomeMy WebLinkAboutUS District Court Southern District of Florida Case No. 10-20730 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO.: 10- 20730- CIV- COOKEIBANDSTRA
BGW DESIGN LIMITED, INC.
d/b /a BARTON G. PRODUCTION COMPANY
a Florida corporation,
Plaintiff,
v .
SERVICE AMERICA CORPORATION
d/b /a CENTERPLATE, a South Carolina
corporation,
Defendant.
DECLARATION OF ROBERT PARCHER
I, ROBERT PARCHER, hereby make the following Declaration:
1. I am over eighteen (18) years of age and make this Declaration based upon my
personal knowledge.
2. I am the Clerk of the City of Miami Beach.
3. The Office of the Clerk of the City of Miami Beach is a public office and
maintains the records for all City Commission meetings.
4. The website http: / /web.miamibeachfl.gov is the Official Website of the City of
Miami Beach and contains video archives of City Commission meetings.
5. These video archives are official records of the City of Miami Beach.
6. The video of the City Commission meeting which occurred on September 6, 2006
is found on the City's , Official Wesbsite at the link: tt : / /web.miamibeachfl. ov
mbtv77/scroll.aspx?id=52532) and is an official record of the City of Miami Beach.
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7. The September 6, 2006 video was made in the regular course of business by an
employee or representative of the City, and is kept in the ordinary course of business. It is the
City's regular business practice to record and videotape City Commission meetings. The subject
video was made at the time of City Commission meeting on September 6, 2006 by a person with
knowledge of the meeting.
8. The City of Miami Beach provides DVDs of the videos of the City Commission
meetings which appear on its website upon request. The City of Miami Beach provided a DVD ✓
of the Commission Meeting held on September 6, 2006 from 12:21 p.m. to 1:10 p.m. to
Plaintiffs counsel upon its request.
9. It is the regular business practice of the City of Miami Beach to issue such DVDs
upon request and such DVDs are issued and kept in the ordinary course of its business. The
DVDs are made by a person with knowledge of its contents and accurately portray the video
maintained on the City website.
10. It is also the City's regular business practice to separately record the audio from
the City Commission meetings at the time of the meeting. As it is recorded, the audio is
transmitted from the City Commission chambers _ to a computer for storage using computer
software. The audio recordings are official records of the City of Miami Beach.
11. The City of Miami Beach provides CDs containing the audio recordings of the
City Commission meetings upon request. It is the regular business practice of the City of Miami
Beach to issue such CDs upon request and such CDs are issued in the ordinary course of its
business. The CDs are made by a person with knowledge of its contents and accurately portray
the audio recorded from the City Commission meetings.
Under penalties of perjury under the laws of the United States of America, I declare that I
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have read the foregoing and that the facts stated in it are true and correct.
Executed on August / ? , 2011.
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ROBERT PARCHER
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