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Home My Public Portal AboutPRR 22-2866 Renee Basel From:Courtney Lawrenson <courtney@pbcpba.org> Sent:Thursday, February 10, 2022 12:15 PM To:Renee Basel Cc:Katie Mendoza Subject:PRR 2-10-22 \[NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.\] Below find a records request for fulfillment. Please provide these records in digital format (email / DROPBox / OneDrive / CD). Please use our tracking number when communicating and/or returning the records requested. This is a Request for Records under Chapter 119 and 447, Florida Statutes, for copies of the following documents: All legal fees, invoices, bills, and retainer agreements between the town and Ward, Damon, Posner, Pheterson & Bleau and its attorneys (including Jeffrey Pheterson) from 2020-present. We believe these records are public records as defined in the law. In accordance with the law, please forward the requested documents to me by no later than Thursday, February 17, 2022. If the cost will exceed $50.00, please advise me before making copies. If possible, these records should be produced in digital format (i.e., CD, via email, DROPBox or other such digital transmission). If you assert that an exemption applies to a particular public record or part of such record, you are required to delete or excise from the record only that portion with respect to which an exemption has been asserted and validly applies. You are required to produce the remainder of such record for inspection and examination. If you contend that any of the requested records are exempt from inspection and copying, please state in writing both the statutory citation to any exemption which you claim applies and the specific reasons for a conclusion that any requested record is exempt. We believe that none of the records which we have requested are exempt from inspection and copying. Thank you for your attention to this matter. -- Courtney Lawrenson Legal Assistant, Palm Beach County PBA 1 To help protect your Phone: 561-689-3745 privacy, Microsoft Office prevented automatic download of this picture Fax: 561-687-0154 from the Internet. photo Email: courtney@pbcpba.org Website: pbcpba.org Address: 2100 North Florida Mango Rd. West Palm Beach, FL 33409 -- Courtney Lawrenson Legal Assistant, Palm Beach County PBA To help protect your Phone: 561-689-3745 privacy, Microsoft Office prevented automatic download of this picture Fax: 561-687-0154 from the Internet. photo Email: courtney@pbcpba.org Website: pbcpba.org Address: 2100 North Florida Mango Rd. West Palm Beach, FL 33409 2 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail February 23, 2022 Courtney Lawrenson [mail to: courtney@pbcpba.org] Re: GS #2866 (PRR 2-10-22) This is a Request for Records under Chapter 119 and 447, Florida Statutes, for copies of the following documents: All legal fees, invoices, bills, and retainer agreements between the town and Ward, Damon, Posner, Pheterson & Bleau and its attorneys (including Jeffrey Pheterson) from 2020-present. Dear Courtney Lawrenson [mail to: courtney@pbcpba.org]: The Town of Gulf Stream has received your public records request dated February 10, 2022. You should be able to view your original request and response at the following link: https://portal.laserfiche.com/Portal/DocView.aspx?id=178082&repo=r-430100cc We consider this request closed. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records WARD DAMON ATTORNEYSAT LAW June 14, 2021 4420 BEACON CIRCLE WEST PALM BEACH, FL 33407 Telephone: (561) 842-3000 Facsimile: (561) 842-3626 www.warddamon.com Gregory Dunham, Town Manager Town of Gulf Stream, Florida 100 Sea Road Gulf Stream, FL 33483 RE: Employment Matters Dear Mr. Dunham, I. Jeffrey Pheterson, Esquire jphetersonAwarddamon. com Thank you for retaining Ward, Damon, Posner, Pheterson & Bleau (the "Firm" or "Ward Damon") as your legal counsel regarding the above -referenced matter. This letter will confirm the terms of the Firm's representation. In addition, this letter will explain our fees and billing procedures, as well as what you, (the "Client"), can expect from us and what we expect from the Client. The Firm will represent the Client in this matter on an hourly rate basis. This Agreement will be for a total amount not to exceed $15,000 — the threshold permitted for the Town Manager. In the event it would come close to that amount, the parties agree to bring this before the Town Commission for approval. Any other matters that the Client wishes the Firm to handle will be the subject of a separate agreement. The Firm is not, for example, advising the Client under this agreement on the tax consequences of the real or potential outcome of any litigation, corporate tax issues, or regulatory and compliance issues. Time spent by I. Jeffrey Pheterson is currently charged at the rate of $350.00 per hour and time spent by other Firm attorneys will range from $250.00 per hour and be capped at $350.00 per hour. Time spent by any law clerk or paraprofessional is currently charged at $175.00 per hour. Our hourly rates are subject to change from time to time during our representation in this matter. You will be charged for out-of-pocket costs such as required out -of -plan computerized database access and usage (e.g., Lexis and other databases), postage, photocopying, etc. In addition, you will be charged for other necessary disbursements and other services, which include such things as filing fees, certified or registered mail, courier services, expedited mail delivery (e.g., FedEx), deposition costs, travel costs, and the fees and expenses of investigators and experts, if needed. These disbursements are billed on an out-of-pocket basis and will be included on each invoice. June 15, 2021 Page 2 of 3 We bill fees and other services on a monthly basis and payment is due upon the Client's receipt of the invoice. REASONABLENESS OF FEE If at any time you believe the Firm's interim periodic hourly bills are not fair and reasonable, you agree that you will notify the Firm within thirty (30) days of the date of the questioned invoice, and together, you and the Firm will review the invoice. If no notice is received, it is understood that the invoice is accepted by you as correct and accurate, and as setting forth fair and reasonable charges for services rendered. To begin work on the file, the Firm does not require that the Client at this time provide a retainer. Any unpaid balances will accrue interest at the rate of 1.5% per month (1 S% annually) beginning thirty (30) days from the statement date. If at any time the Client wants to terminate our services, please notify the undersigned in writing. Likewise, if at any time we find that we are unable to continue representing the Client, we will notify you in writing. We reserve the right to terminate our representation if the Client fails to comply with the terms of this fee agreement, or as allowed by the terms of the Florida Rules of Professional Conduct, and the client agrees not to contest our withdrawal from any court or administrative proceeding in such event. As soon as possible after any such termination, a final statement will be prepared and sent to the Client. Should the Finn's representation be terminated for any reason, the Client agrees to promptly pay, within the following thirty (30) days, for all attorneys' fees and costs incurred through the date of such termination. In the event any action is brought to enforce this Agreement, such action shall be brought in accordance with the Agreed Dispute Resolution Process set forth on page 4 of this engagement letter, with venue for any related court cases being in Circuit Court in Palm Beach County, Florida. The prevailing party in any proceedings shall be entitled to recover its costs of enforcement including, without limitation, reasonable attorneys' fees and court costs required to collect any balance due, in court or in the Agreed Dispute Resolution Process. We will perform the legal services which we have agreed to undertake on the Client's behalf in a professional manner and we will keep you informed of all material developments in a reasonable and timely manner. To enable us to do this, the Client agrees to disclose such facts as are requested and which are reasonably necessary for us to perform the services for which they have retained us. Although we may give the client our professional judgment regarding a matter, as to the likelihood of a favorable outcome on a particular case, the amount of a potential recovery, what a clause in a document says, or whether a particular contract or negotiation will result in the desired outcome, we are never able to guarantee any of these. We will, however, endeavor to give the Client our best judgment in light of the law and the particular facts made known to us. June 15, 2021 Page 3 of 3 After you have had the opportunity to review this proposed fee agreement, please feel free to call me with any comments or questions you may have. If the agreement meets with your approval, please sign where indicated below to evidence your agreement with the matters set forth herein and return same to me. We look forward to working with you on this matter. Very truly yours, I. Jeffrey Pheterson I. Jeffrey Pheterson, Esquire For the Firm Me hereby accept the legal representation by Ward Damon as described above. Town of Gulfstream Florida IC /.[ _ A // Date: 6 J WARD DAMON ATTORNEYSAT LAW June 14, 2021 4420 BEACON CIRCLE WEST PALM BEACH, FL 33407 Telephone: (561) 842-3000 Facsimile: (561) 842-3626 www.warddamon.com Gregory Dunham, Town Manager Town of Gulf Stream, Florida 100 Sea Road Gulf Stream, FL 33483 RE: Employment Matters Dear Mr. Dunham, I. Jeffrey Pheterson, Esquire jphetersonAwarddamon. com Thank you for retaining Ward, Damon, Posner, Pheterson & Bleau (the "Firm" or "Ward Damon") as your legal counsel regarding the above -referenced matter. This letter will confirm the terms of the Finn's representation. In addition, this letter will explain our fees and billing procedures, as well as what you, (the "Client"), can expect from us and what we expect from the Client. The Firm will represent the Client in this matter on an hourly rate basis. This Agreement will be for a total amount not to exceed $15,000 — the threshold permitted for the Town Manager. In the event it would come close to that amount, the parties agree to bring this before the Town Commission for approval. Any other matters that the Client wishes the Firm to handle will be the subject of a separate agreement. The Firm is not, for example, advising the Client under this agreement on the tax consequences of the real or potential outcome of any litigation, corporate tax issues, or regulatory and compliance issues. Time spent by I. Jeffrey Pheterson is currently charged at the rate of $350.00 per hour and time spent by other Firm attorneys will range from $250.00 per hour and be capped at $350.00 per hour. Time spent by any law clerk or paraprofessional is currently charged at $175.00 per hour. Our hourly rates are subject to change from time to time during our representation in this matter. You will be charged for out-of-pocket costs such as required out -of -plan computerized database access and usage (e.g., Lexis and other databases), postage, photocopying, etc. In addition, you will be charged for other necessary disbursements and other services, which include such things as filing fees, certified or registered mail, courier services, expedited mail delivery (e.g., FedEx), deposition costs, travel costs, and the fees and expenses of investigators and experts, if needed. These disbursements are billed on an out-of-pocket basis and will be included on each invoice. September 27, 2021 { Page'2 of 3 We bill fees and other services on a monthly basis and payment is due upon the Client's receipt of the invoice. REASONABLENESS OF FEE If at any time you believe the Firm's interim periodic hourly bills are not fair and reasonable, you agree that you will notify the Firm within thirty (30) days of the date of the questioned invoice, and together, you and the Firm will review the invoice. If no notice is received, it is understood that the invoice is accepted by you as correct and accurate, and as setting forth fair and reasonable charges for services rendered. To begin work on the file, the Firm does not require that the Client at this time provide a retainer. Any unpaid balances will accrue interest at the rate of 1.5% per month (18% annually) beginning thirty (30) days from the statement date. If at any time the Client wants to terminate our services, please notify the undersigned in writing. Likewise, if at any time we find that we are unable to continue representing the Client, we will notify you in writing. We reserve the right to terminate our representation if the Client fails to comply with the terms of this fee agreement, or as allowed by the terms of the Florida Rules of Professional Conduct, and the client agrees not to contest our withdrawal from any court or administrative proceeding in such event. As soon as possible after any such termination, a final statement will be prepared and sent to the Client. Should the Finn's representation be terminated for any reason, the Client agrees to promptly pay, within the following thirty (30) days, for all attorneys' fees and costs incurred through the date of such termination. In the event any action is brought to enforce this Agreement, such action shall be brought in accordance with the Agreed Dispute Resolution Process set forth on page 4 of this engagement letter, with venue for any related court cases being in Circuit Court in Palm Beach County, Florida. The prevailing party in any proceedings shall be entitled to recover its costs of enforcement including, without limitation, reasonable attorneys' fees and court costs required to collect any balance due, in court or in the Agreed Dispute Resolution Process. We will perform the legal services which we have agreed to undertake on the Client's behalf in a professional manner and we will keep you informed of all material developments in a reasonable and timely manner. To enable us to do this, the Client agrees to disclose such facts as are requested and which are reasonably necessary for us to perform the services for which they have retained us. Although we may give the client our professional judgment regarding a matter, as to the likelihood of a favorable outcome on a particular case, the amount of a potential recovery, what a clause in a document says, or whether a particular contract or negotiation will result in the desired outcome, we are never able to guarantee any of these. We will, however, endeavor to give the Client our best judgment in light of the law and the particular facts made known to us. &ptymber 27, 2021 Page 3 of 3 After you have had the opportunity to review this proposed fee agreement, please feel free to call me with any comments or questions you may have. If the agreement meets with your approval, please sign where indicated below to evidence your agreement with the matters set forth herein and return same to me. We look forward to working with you on this matter. Very truly yours, I. Jeffrey Pheterson I. Jeffrey Pheterson, Esquire For the Firm Me hereby accept the legal representation by Ward Damon as described above. Town of Gulfstream Florida By: Date: / 0 �� 2 Title: M Town of Gulfstream Florida 100 Sea Rd. Gulf Stream, FL 33483-7427 RE: Employments Matters Account: 26857.00001 Fees FEW 46-4323134 Statement Date: 07/07/2021 Invoice No. 147332 'OWN OF GULF STREAM PAYMENT APPROVED Amount__.__ ��rJ po By____Af—Date I)I Check #- 'Al ! -Date t �u Hours 06/14/2021 UP Telephone conference/call with Trey Nazzaro, Esq., Telephone conference/call with PERC staff, emails to client, and to PERC, prepare materials for client meeting, attend client meeting at Town Hall, , notes to file, 3.50 1,225.00 06/15/2021 UP Review documents, emails, prepare document regarding employee meeting, 2.30 805.00 06/16/2021 UP Communicate with client, revise document, brief research, 1.10 385.00 06/21/2021 UP Review emails, Telephone conference/call with clients, 0.40 140.00 06/23/2021 UP Communicate with client, PERC Order,various calls, 0.30 105.00 06/24/2021 UP Revise documents, various calls, emails, research, 2.40 840.00 06/28/2021 UP Telephone conference/call with clients, research client question, email to client, 1.10 385.00 For Current Services Rendered 11.10 3,885.00 Total Current Work 3,885.00 Balance Due--r z%$3,885.00 4420 Beacon Circle, Suite 100 West Palm Beach, FL 33407 Ph: 561.842.3000 Fax: 561.842.3626 Town of Gulf Stream Check date: 07/13/2021 Check number: 18673 Check amount: $3.885.00 To: Ward Damon 4420 Beacon Cir., Suite 100 West Palm Beach, FL 33407 Transaction Number Date Descrintion Amount Discount Net Amount 147332 07/07/2021 Union $3.885.00 $0.00 $3.885.00 ]invoices not printed on the check stub: 3,885.00 0.00 3,885.00 ;. 18673 TOWN OF GULF STREAM OPERATING ACCOUNT 07/13/2021 i To: Ward Damon 4420 Beacon Cir., Suite 100 West Palm Beach, FL 33407 PAY TO THE ORDER OF See attached document for invoices ill ,,EYt7,0BESJ1NFi�UpE RUE4!VA�TEf3M11RKd,P,AP,ER, E91 6ENSI,TI,V,E9GONAND 01.1�7t OL„ GRAM- _ TOWN OF GULF STREAM FLAGLER BANK OPERATING ACCOUNT WEST PALM BEACH, FL 33406 100 SEA ROAD 1-866-256-3802 GULF STREAM, FL 33483-7427 63-1496/670 (561) 276-5116 **Three thousand eight hundred eighty five and 00/100 Dollars" Wart,.. 442( Wes EZSN�ELO 18673 CHECK DATE CHECK NO 07/13/2021 18673 CHECK AMOUNT $ ** 3,885.00 WARD DAMON ATTORNEYS AT LAW Town of Gulfstream Florida FEW 46-4323134 100 Sea Rd. Gulf Stream, FL 33483-7427 Statement Date: 08/04/2021 Invoice No. 148238 RE: Employments Matters / Account: 26857.00001 C �/ Fees Hours 07/09/2021 UP Communicate with clients, 0.02 7.00 07/12/2021 UP Communicate with Trey Nazzaro, Esq., 0.20 70.00 07/14/2021 UP Review materials from client, brief research, 1.30 455.00 07/15/2021 UP Review notes, Telephone conference/call with clients, 0.60 210.00 07/16/2021 UP Draft email to client, review notes, 1.10 385.00 07/20/2021 UP Communicate with clients, review notes, materials from client, begin memo draft, 1.40 490.00 07/23/2021 UP Communicate with client, revise memorandum draft, emails, 1.20 420.00 07/28/2021 UP Review draft memo, Telephone conference/cglLwith c*gnt and Trey N, azza�ro. Esq., TOWN OF GULF STREAM 170 245.00 ►PAYMENT APPROVED -4 07/29/2021 UP Revise Passagiata memorandum, email, .60 210.00 For Current Services Rendered Amount ,00 - 7.12 2,492.00 VTotal Current Work By - JatE 2,492.00 Previous Balance Check #��'aate $3,885.00 Payments 07/16/2021 Check 18673/Town of Gulfstream-3,885.00 4420 Beacon Circle, Suite 100 West Palm Beach, FL 33407 Ph: 561.842.3000 Fax:561.842.3626 Town of Gulfstream Florida Account No. 26857.00001 RE: Employments Matters Statement Date: 08/04/2021 Statement No. 148238 Page No. 2 Balance Due $2,492.00 Town of Gulf Stream Check date: 08/13/2021 Check number: 18763 Check amount: $2,492.00 To: Ward Damon 4420 Beacon Cir., Suite 100 West Palm Beach, FL 33407 Transaction Number Date Description Amount Discount Net Amount 148238 08/04`2021 PD HR Issue $2,492.00 10.00 $2,492.00 1 invoices not printed on the check stab: 2,492.00 0.00 2,492.00 18763 TOWN OF GULF STREAM OPERATING ACCOUNT 08/13/2021 To \Vaid Damon 4420 Beacon CiT.. SMIC 100 West Pahn Beach, Ft. 33407 See attached document for invoices lRedacted pursuant to Fl. Stat. 119.071 (5}(b}] 1615�1- 1 iContracted Legal Services —i TOW14 OF GULF STREAM FLAGLER BANK 18763 OPERATING ACCOUNT VBEST PALN4 BEACH. Ft.. 33406 100 SEA ROAD 1-866-256-3802 GULF STREAM, FL 33483-7427 63-1,96/670 CHECK DATE CHECK NO (561) 276-5116 08/13/2021 18763 CHECK A(AOUNT "Two thousand four hundred ninety two and 00/100 Dollars- 2,492.00 IE R Ward Damon 4420 Beacon Cir., Suite 100 h1p West Palm Beach, FL 33407 DS 14 AUTHORIZ J� - ;Tw Town of Gulfstream Florida 100 Sea Rd. Gulf Stream, FL 33483-7427 RE: Employments Matters Account: 26857.00001 WARD DAMON ATTO KN EYS AT LAW Fees FEW Statement Date: Invoice No. 08/05/2021 UP Review order from PERC, Telephone conference/call with Trey Nazzaro, Esq., emails with PERC, 08/06/2021 UP Communicate with client, various emails, PERC, 08/10/2021 UP Communicate with client, Telephone conference/call with Trey Nazzaro, Esq., emails, PERC, 08/16/2021 UP Communicate with clients, 08/17/2021 UP Communicate with client, emails, For Current Services Rendered Total Current Work Previous Balance 08/19/2021 Town of Gulf Stream ck# 18763 Balance Due TOWN OF GULF STREAM ►PAYMENT APPROVED Amount Y135° _0 Payments 4420 Beacon Circle, Suite 100 West Palm Beach, FL 33407 Ph: 561.842.3000 Fax:561.842.3626 46-4323134 09/03/2021 149043 Hours 0.60 0.40 0.60 0.20 0.30 2.10 210.00 140.00 210.00 70.00 105.00 735.00 735.00 $2,492.00 -2,492.00 $735.00 aocepts Visa, MasterCard and American Express to simplify bill -paying Please fill out this form and return to: Fax # (561) 842-3626 CREDIT CARD AUTHORIZATION FORM . Name: Andress: Phone: Invoice #: Name as shown on card: Card Type (check one) MasterCard Visa American Express ACCT # EXP DATE 1 SEC CODE Total Charge: $ I hereby authorize Ward Damon to charge the above total and I agree to pay this amount according to card issuer agreement. Authorized Signature: Date Matter No. Submitted to accounting by: Town of Gulf Stream Check date: 09/08/2021 Check number: 18824 Check amount: $735.00 To: Ward Damon 4420 Beacon Cir., Suite 100 West Palm Beach, FL 33407 Transaction Number Date Description Amount Discount Net Amount 149043 09/03/2021 PD union $735.00 $0.00 $735.00 1 invoices not printed on the check stub: 735.00 0.00 735.00 TOWN OF GULF STREAM OPERATING ACCOUNT 18824 09/08/2021 To: Ward Damon 4420 Beacon Cir., Suite 100 West Palm Bcach. FL 33407 N'lTrits i I' ` • t `" • • �W f ly�.IL°Lr-�L1�,!=.1_, .:_ F -r�V1� � `-. -�: ` • � e id.J_[rJ' .d1��Li1,14� . F ll�:��.,�' i�!l�',T�{• See attached document for invoices 001-53110-514-10 Contracted Legal Services Redacted pursuant to FI. Stat. 119.071 'OWN OF GULF STREAM OPERATING ACCOUNT 100 SEA ROAD GULF STREAM, FL 33483-7427 (561) 276-5116 PAY "Seven hundred thirty five and 00/100 Dollars" TO THE ORDER OF Ward Damon 4420 Beacon Cir., Suite 100 West Palm Beach, FL 33407 FLAGLER BANK \VEST PALV BEACH, FL 33406 1-866-256-3802 63-1496/670 AU riOR! ED SIGN 18824 { EZSMIELO^ CHECK DATE CHECK NO 09/08/2021 18824 CHECK Ai'000NT — 735.00 Town of Gulfstream Florida 100 Sea Rd. Gulf Stream, FL 33483-7427 RE: Account: 10/12/2021 10/26/2021 10/27/2021 10/19/2021 Employments Matters 26857.00001 WARD DAMON ATTORNEYS AT LAW Fees UP Communicate with Trey Nazzaro, Esq., emails, UP Emails, UP Communicate with client, For Current Services Rendered Total Current Work Previous Balance Payments CK #18932/Town of Gulfstream/26857.00001 / i 50270 Balance Due FEI#: 46-4323134 Statement Date: 11/05/2021 Invoice No. 151078 Hours 0.20 0.20 0.20 j .f 70.00 70.00 70.00 210.00 210.00 $753.65 -753.65 $210.00 C(�'/ TOWN OF GULF STREAM ® PAYMiENT APPROVED Amount BY Date. ;k # q Date �► 4420 Beacon Circle, Suite 100 West Palm Beach, FL 33407 Ph: 561.842.3000 Fax: 561.842.3626 Town of Gulf Stream Check date: 11/12/2021 Check number: 18999 Check amount: $210.00 To: Ward Damon 4420 Beacon Cir., Suite 100 Vilest Palm Beach. FL 33407 Transaction Number Date Description Amount Discount Net Amount 151078 11 "05'2021 PI) anion $210.00 $0.00 $210.00 1 invoices not printed on the check stub: 210.00 0.00 210.00 TOWN OF GULF STREAM OPERATING ACCOUNT To Ward Damon 4420 Beacon CIT. . Suite 100 West Palm Beach. FL 33407 11/12/2021 tached document for invoices lRedacted pursuant to Fl. Stat. 119.071 (5)(b)i 18999 TOWN OF GULF STREAM FLAGLER BANK OPERATING ACCOUNT VVEST PAL%1 BEACH, FL 33406 100 SEA ROAD 1-266-256-3802 GULF STREAM, FL 33489-7427 65-1496t670 CHECK DiJE CHECK NO (561) 276-5116 11/12/2021 18999 CHECK A;,,10UNT **Two hundred ten and 00/100 Dollars" $" 210.00 0 Ward Damon 4420 Beacon Cir., Suite 100 West Palm Beach, FL 33407 Np LJTH0P2:EU 51GN,.fU-AE,/ - --- --- --- --- -