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HomeMy Public PortalAboutPRR 16-2337DOI 1D -,1 -]GIC 1 I 95430D03D7 10/1112016 15:10 Commerce Group (FAX)9543600807 P.0011002 Martin E. O'Boyle 1280 West Newport Center Drive Deerfield Beach, FL 33442 Telephone: 954-570-3505 Telecopy', 954-360-0807 TELECOPIER TRANSMITTAL PAGE DATE: October 11, 2016 TQ; Rita Taylor, Custodian of Records 561-737-0188 FROM: Martin E. O'Boyle NUMBER OF PAGES INCLUDING TRANSMITTAL PAGE 2 IF YOU DO NOT RECEXYE ALL PAGES, PLEASE CALL x`954-570-3513 X Original will not follow Original will follow via: _ Regular Mail _ Overnight Delivery Wand Delivery Other: 14:51:N 10-11-2D 10 2 1 9543000$01 1011112016 15:10 Commerce Group RECORDS REQUEST (the "Request') Date of Request: 10/11/2016 Requestor's Request ID#: 1304 REQUESTEE: Custodian of Records Jones, Foster. Johnston & Stubbs Custodian of Records Town of Gulf Stream REQUESTOR: _ Martin E. O'Boyle (FAX)9543600807 P.0021002 REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.eom Fax: 954-360-0807 or Contact Records Custodian at recordsecommerce-grouD.com: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: contractstaagreements (including without limitation drafts of contracts/agreements including relative communications) employment offers and employment acceotances (whether or not conditional) plus any related communications containing the name "Trey" or "Navarro". for the period January 1. 2013 through the date -of this Reguest but only during the time that Mr. Navarro was emDloved by (or working at or for or on behalf of) Jones. Foster. Johnston & Stubbs ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, SECTION E4 OF THE FLORIDA CONS 11 L UI ON 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 FLFCTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. 8112 lfg)fF1. FLORIDA STATUTES. IF NOTAV 1 .AR ..IN ELECTRON[ .FO M,IT 18 FOUE�TED TiL9T THl5 ALSO PLEASE TAKE NOTE OF $119.07(I)f111 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," 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 costa, asserted by the Agency (as dunned In Florida Statute, Chapter 119.01 (DeRdtlom)), In advance of any curb Imposed to the Ragaestor 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", YP/NP/FLRR 07.26.2015 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 12, 2016 Martin E. O'Boyle [mail to: records(7a,commerce-erouo.coml Re: GS #2336, #2337, #2338 (PRR's 1303,1304, 1305) Please provide all records, including without limitation, emails, letters, contracts/agreements (including without limitation, drafts of contracts/agreements including relative communications) employment offers and employment acceptances (whether or not conditional) plus any related communications in regard to a party whose name is Edward C. "Trey" Navarro, for the period January 1, 2016 through the date of this Request. Please provide all records, including without limitation, emails, letters, contracts/agreements (including without limitation, drafts of contracts/agreements including relative communications) employment offers and employment acceptances (whether or not conditional) plus any related communications containing the name "Trey" or "Navarro"for the period January 1, 2013 through the date of this Request but only during the time that Mr. Navarro was employed by (or working at or far or on behalf qfi Jones, Foster, Johnston & Stubbs. Please provide all records, including without limitation, entails and letters generated by, sent by or received by Edward "Trey" Navarro or which relate to or mention the words "Trey" or "Navarro " during the period when he was employed by, worked for, Jones, Foster, Johnston & Stubbs for the period January 1, 1013 though the date of this Request. Dear Martin E. O'Boyle [mail to: records(a,commerce-ffoup.coml: The Town of Gulf Stream has received your public records requests dated October 11, 2016. The original public record request can be found at the following link: htto://www2.gulf-stream.ore/weblink/0/doc/102386/Pasel.aslx htti)://www2.gulf-stream.org/weblink/O/doc/102387/Pagel.aspx htti)://www2.gulf-streatn.org/weblink/O/doc/102391/Pagel.asox 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, R"4i RaW44$" As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 20, 2016 Martin E. O'Boyle [mail to: recordsOcommerce-group.coml Re: GS #2337 (PRR 1304) Please provide all records, including without limitation, emails, letters, contracts/agreements (including without limitation, drafts of contracts/agreements including relative communications) employment offers and employment acceptances (whether or not conditional) plus any related communications containing the name "Trey" or "Navarro"for the period January 1, 2013 through the date of this Request but only during the time that Mr. Navarro was employed by (or working at or for or on behalf ofi Jones, Foster, Johnston & Stubbs. Dear Martin E. O'Boyle [mail to: recordsi7commerce-eroumcoml: The Town of Gulf Stream received your public records requests on October 11, 2016. You should be able to view your original request and partial response at the following link: httv://www2.zulf-stream.org/weblink/O/doc/102387/Pagel.asvx We are taking this request with the assumption that you are meaning Mr. Nauaro. We interpret this request to seek the same information at GS #2338. Based on that understanding, the Town has spent at least 15 minutes on your request and now estimates that to respond to your request will require approximately an additional hour of administrative support at $35.60 per hour, an additional half hour of IT support at $95.00 per hour and 12 % hours of attorney time at $250.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). The partial production is in an abundance of caution and the Town does not concede that it is a public record of Gulf Stream. In light of the breadth of your request, which covers all records plus any related communications containing the name "Trey" or "Navarro" during a nearly four-year period, producing all records responsive to your request will require extensive clerical or supervisory assistance. As you are aware, the Town is presently defending approximately 40 public records lawsuits that were filed during the time period encompassed by your request. Your request thereby encompasses documents prepared by the Town's attorneys exclusively for litigation or in anticipation of imminent litigation and that reflect the mental impressions, conclusions, litigation strategies, or legal theories of the Town's attorneys or the Town and would be exempt under Florida Statute § 119.0171(1)(d) until the conclusion of the litigation. As a result and given the fact that very few of the litigation files pending during the referenced time period are now closed, the Town reasonably anticipates needing significant attorney time to review any records that may be responsive to your request for exemptions under Florida Statute § 119.0171(1)(d). This request generated more than 1,500 email documents from a review of the Town of Gulf Stream's email files alone. This does not include any potential attachments to the emails or other hard copies of communications. We have estimated the review and production of these emails alone will require approximately 12 'h work hours of attorney support from the Town's outside legal counsel at $250.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § I I9.07(4)(d). This estimate is based upon an extremely conservative estimate of 30 seconds to review each email and to redact any potential emails or portions of an email as allowed under the Florida Statutes. (One hour @ $35.60 + One half hour @ $95.00 + 12 1/2 hours @ $250) = Deposit Due: $3,208.10 in cash or check. The Town is willing to fulfill this public records request but we require payment of the estimated special service fee of $3,208.10 in advance before we begin. 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. 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, DD" As requested by Rita Taylor Town Clerk, Custodian of the Records JONES POSTER JOHNSTON & STUBBS, P.A. Attorneys and Counselors CONTRACT FOR LEGAL SERVICES Contract made July 26, 2013, ("agreement") between Jones, Foster, Johnston & Stubbs, P.A., Flagler Center Tower, Suite 1100, 505 South Flagler Drive, West Palm Beach, Florida 33401, here referred to as Contractor, and Edward Nazzaro, 8504 Water Cay, West Palm Beach, FL 33411, here referred to as Contract Paralegal. RECITALS Contractor requires legal services on an ongoing basis, and Contract Paralegal agrees to perform these services on the terms and conditions set forth in this Contract. In consideration of the mutual promises contained in this Contract, and of the mutual benefit to be derived hereunder, the parties agree as follows: SECTION ONE SERVICES TO BE PROVIDED Contract Paralegal agrees to perform legal work for Contractor, including, but not limited to, assisting local government with its efforts to respond to public records and otherwise comply with Chapter 119, Florida Statutes, including additional research, writing, analysis and editing as requested by Contractor in accordance with the particular circumstances and requirements of each assignment. Contract Paralegal may decline particular assignments. SECTION TWO PLACE OF WORK It is understood that Contract Paralegal's services will be rendered primarily at the Town of Gulfstream, but may also require Contract Paralegal to work from home, or when necessary and on request when space is available, to come to Contractor's place of business located in West Palm Beach, Florida. Contract Paralegal is responsible for the pick up and delivery of all work assignments form Contractor's office except large research and indexing projects which may be delivered by the Contractor's messenger service. Project assignments and work production may also be transmitted via computer systems. Contract for Legal Services Page 2 July 26, 2013 SECTION THREE TERM; EXTENSION; TERMINATION This contract covers the period from date of execution through December 31, 2013. Contractor and Contract Paralegal shall have the right and option to extend this Contract for an additional period not to exceed six months to June 30, 2014, by mutual agreement. Contractor and Contract Paralegal may unilaterally terminate this contract at any time. SECTION FOUR COMPENSATION AND EXPENSE REIMBURSEMENT Contractor shall pay to Contract Paralegal the rate of $20.00 per hour. The procedures for approval and payment of hours shall be as follows: Contract attorney shall submit a weekly time sheet to Business Manager Donald MaGruder, or his designee, for input into the PerfectLaw Timeslip Program. 2. Mr. MaGruder will calculate compensation due to Contract Paralegal based on approved hours from Timeslip Register. 3. Mr. MaGruder will process a�ntractor payment check from the firm's operating account for signature by attorney Keith W. Rizzardi. The check will be mailed to the Contract Paralegal's home address. 4. Mr. MaGruder will issue a 1099 each January to the Contractor for all payments made during the calendar year. SECTION FIVE MATERIALS AND EQUIPMENT Except for computer resources that may be provided by the Town of Gulfstream, to be used on location unless otherwise agreed, Contract Paralegal shall provide, at Contract Paralegal's own expense, all equipment necessary to carry out the terms of this Contract. Equipment is to include, but is not limited to, facsimile, computer, printer, modem line(s), telephone and long distance lines and Internet access service. To the extent that Contract Paralegal edits or otherwise uses electronic versions of public records on his personal computer, all records will be saved on a flash drive or other portable storage device that can be returned to or copied by the Town of Gulfstream or other governmental entities, as necessary. Contract for Legal Services Page 3 July 26, 2013 Contract Paralegal will be reimbursed for all out of pocket expenses such as U.S. Mail, Federal Express, UPS, and long distance communications charges as required to complete projects for the Contractor. Travel expenses to and from Contract Paralegal's Jupiter home to Contractor's West Palm Beach office are at Contract Paralegal's expense, however, travel by the Contract Paralegal outside Palm Beach County, Florida, will be reimbursed at the rate of 50.5 cents per mile or the actual cost of ground or air transportation. Expenses must be submitted and approved by attorney Keith W. Rizzardi for reimbursement via the standard expense reimbursement form used by Contractor. SECTION SIX RELATIONSHIP BETWEEN PARTIES The parties to this Contract agree the Contract Paralegal is a professional person, self- employed, and that the relationship created by this Contract is that of Contractor and Contract Paralegal. Contract Paralegal is not an agent or employee of Contractor and is not entitled to the benefits provided by Contractor to its employees, including but not limited to health, worker's compensation and unemployment insurance, and pension or employee benefit plans. SECTION SEVEN WORK STANDARDS Contract Paralegal shall control the conduct and means of performing the work required under this Contract and Contract Paralegal's schedule. Contract Paralegal will adhere to professional standards and will perform all services required under this Contract in a manner consistent with generally accepted procedures. Contract Paralegal may complete work of a paralegal nature for other law firms or private individuals while under contract with this law firm. SECTION EIGHT TERMS TO BE EXCLUSIVE The entire agreement between the parties with respect to the subject matter hereunder is contained in this Contract. Except as herein expressly provided to the contrary, the provisions of this Contract are for the benefit of the parties solely and not for the benefrt of any other person, or legal entities. Contract for Legal Services Page 4 July 26, 2013 SECTION NINE NO ASSIGNMENT WITHOUT CONSENT Contract Paralegal shall not assign this Contract nor any of the rights and duties hereunder without the prior writterrconsent of the Contractor. JONES, FOSTER, JOHNS,YON & STUBBS, P.A. m CONTRACT PARALEGAL By: ward Nazzaro PADOCS1131471000011DOC11 GR9697.DOC