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HomeMy Public PortalAboutPRR 14-0681t� r, Your original request, dated February 19, 2014, is reproduced in the space below: From: Chris O'Hare [mailto: chrisoharegulfstream @gmail.com] Sent: Wednesday, February 19, 2014 8:38 AM To: Bill Thrasher Subject: PUBLIC RECORDS REQUEST ADA compliance 2.19.14 c This is a PUBLIC RECORDS REQUEST ADA compliance 2.19.14 c Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: All records related in any way to the planning, design, construction, alteration, modification, inspection, audit or review of any part of the existing structure or surrounding ancillary improvements on the property identified in Palm Beach County records as PCN 20434534140000020 and located at 100 Sea Road, Gulf Stream, FL in regard to compliance with County, State and Federal regulations concerned with the American Disablities Act or any regulation concerned with handicap accessibility. Records shall include but not be limited to all communications, memos, notes, sketches, diagrams, minutes, phone logs, record destruction documents, plans, invoices, payments and any other record responsive to this request. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by §319.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §319.07(1)(f) of the Florida Statutes.Please take note of §119.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See §119.01(2)(f), Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and /or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream @gmail.com Kelly Avery From: David Pedraza <david @dpbuildingcontractors.com> Sent: Friday, February 14, 2014 4:48 PM To: Bill Thrasher Subject: Retainer Agreement and David Pedraza's CV Attachments: Retainer Agreement.doc; CURRICULUM VITAE PEDRAZA.doc Dear Sir: Attached please find a retainer agreement for our services and also David Pedraza's C.V. Please have a check ready for the retainer amount at the location for the Tuesday meeting. Sincerely, Office Manager DP Building Contractors, Inc 169 NW 44th Street Suite 34 Fort Lauderdale, Fl. 33309 A.D.A. COMPLIANCE TEAM, INC. 169 NW 44`x' Street, Ste. #34 Ft Lauderdale, FL 33309 February 4, 2014 Pijushe Re: 2200 Lake Ida Road Suite 2E, Delray Beach, Fl. 33445 Dear Sir: This agreement is for A.D.A. Compliance Team, Inc. and David Pedraza to assist you in preparation for trial and to act as an expert witness in this matter. Services are to be performed by A.D.A. Compliance Team, Inc. and David Pedraza with Pijushe as the Client, on behalf of the food Store located at 2200 lake Ida Road Suite 2E in Delray Beach, Fl. 33445. Retainer: To bind this agreement, you agree to pay a retainer of $400.00 to A.D.A. Compliance Team, Inc. and David Pedraza. This is a non - refundable fee. You may not identify A.D.A. Compliance Team, Inc. and David Pedraza as either a testifying or non - testifying expert until such time as the retainer fee has been paid. Work will proceed when the retainer fee and Retainer Agreement are received by A.D.A. Compliance Team, Inc. and David Pedraza. Any charges for additional work performed by A.D.A. Compliance Team, Inc. and David Pedraza that exceed the amount of the Retainer will be invoiced monthly and will be due and payable immediately. Fees: Our fees for services would be based on an hourly rate as follows: David Pedraza @ $200.00 an hour Courtroom trial testimony @ $200.00 an hour Expert witness depositions @ $200.00 an hour Clerical, Drafter, Technical @ $95.00 an hour Deposition testimony: You are responsible for assuring that reasonably estimated deposition fees will be paid by attorneys and will be paid within thirty working days of the deposition. If payment is not received by this time, you are responsible for any deficiencies in payment by deposing attorneys. Trial testimony: When testimony at trial is scheduled, the balance for any outstanding time and expense is due immediately. An additional retainer of $400.00 is due to cover trial preparation and testimony. Any credit balance from a previously received retainer will contribute to this retainer. Additional consulting or testimony (if any) will be invoiced upon completion of consulting activity or oral testimony. Expenses: In addition to paying hourly consultation services, you agree to pay reimbursable expenses incurred by A.D.A. Compliance Team, Inc. and David Pedraza that will be billed. You agree that you are liable for any debt incurred by A.D.A. Compliance Team, Inc. and David Pedraza on this project. Payment: All invoices are due & payable upon receipt. A late fee of 1.5% will be added each month to invoices 30 days or more past due. All outstanding balances must be paid in full before Page 2 additional work is performed. You are responsible for all payments as outlined in this contract, regardless of any arrangement you may have with any party or parties you represent. In no case will payment be based on a contingency or lien, or deferred until settlement of the case. Payment to A.D.A. Compliance Team, Inc. and David Pedraza for the services provided is not dependent upon our findings, nor on the outcome of any legal action, mediation, arbitration, or the amount or terms of any settlement of the underlying legal cause, nor on any contractual arrangement between you and any other person or party. Collection: You agree to pay any and all collection expenses including attorney's fees and any other costs A.D.A. Compliance Team, Inc. and David Pedraza incurs in connection with the collection of A.D.A. Compliance Team, Inc. and David Pedraza's consulting fees and expenses. Termination: You may discharge A.D.A. Compliance Team, Inc. and David Pedraza at anytime by providing a written notice (effective upon receipt). Regardless of any such discharge, payment in full for services rendered prior to the effective date of such notice as well as costs incurred by A.D.A. Compliance Team, Inc. and David Pedraza will be due immediately upon receipt of final invoice from A.D.A. Compliance Team, Inc. and David Pedraza. A.D.A. Compliance Team, Inc. and David Pedraza may withdraw from the case at any time with your consent for good cause, or for breach of any part of this agreement. Not making payments when due would constitute a breach of this agreement. Limitation of Liability: The Americans with Disabilities Act (ADA) and the ADAAG guidelines are extremely complex, and often open to interpretation. While A.D.A. Compliance Team, Inc. and David Pedraza have many years of experience and an excellent track record on interpretation of the ADA and ADAAG guidelines, we cannot guarantee that others will concur with our assessment. The fact that another inspector, expert, lawyer, court or other entity may disagree with our assessment, or may interpret the ADA or ADAAG differently, shall not be construed as a failure by A.D.A. Compliance Team, Inc. and David Pedraza to perform services in a careful or conscientious manner. A.D.A. Compliance Team, Inc. and David Pedraza will provide the highest quality of service possible. It is understood and agreed to, that A.D.A. Compliance Team, Inc. and David Pedraza total liability for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes will be limited to a maximum of the net fee received by A.D.A. Compliance Team, Inc. and David Pedraza, not including direct project expenses, for all services rendered on the project. Such causes include, but are not limited to negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. All parties to this agreement expressly consent and submit to the exclusive jurisdiction of the courts of the State of Florida for all purposes regarding this Agreement. Any dispute at all relating to this Agreement or the services rendered hereunder shall be heard in the Broward County Circuit Court. In signing this agreement you agree to the above - stated terms. David Pedraza Pijushe Date Date DAVID PEDRAZA AMERICAN DISABILITI -ACT CONSULTANT CERTIFIED GENERAL CONTRACTOR, CGC 046427 169 NI F 44`x, Street, Suite 34, Ft. Lauderdale, Florida 33309 -3923 Phone: (800) 270 -7041 Fax: (954) 876 -0209 CURRICULUM VITAE PROFESSIONAL EXPERIENCE ADA RESEARCH & CONSULTING SERVICES 1994 — Present • ADA Compliance Team, Inc. — President A corporation dedicated to the removal of architectural barriers for the disabled. Provide a full range of expert witness services for lawsuits arising under Titles II and III of the Americans with Disability Act. Services include providing structural accessibility surveys and barrier removal recommendation reports; solicitation of contractor bids, cost estimates and overseeing the actual construction; management of post - settlement contractor issues; reasonable accommodation research and assessment for the disabled community. Compile numerous ADA inspection accessibility reports and act as an expert witness for litigation on behalf of both plaintiff and defendant. Provide safety planning as practiced in the construction industry and have become proficient in the perception of disabled individual's reaction to and use of the built environment. Cases witness testified as an expert at trial or by deposition • Disabled Patriots of America, Inc. and Bonnie Kramer vs. RTA — Greater Cleveland Regional Transit Authority — Case No. 1:07 -cv- 01040 -JG • Disabled Patriots of America, Inc. and Bonnie Kramer vs. Wolis, Inc — Case No. 1:07 -cv -3152 • Disabled Patriots of America, Inc. and Bonnie Kramer vs Midamco, Inc. Case No. 1:07 -cv -3164 Government facilities inspected under Title II include but not limited to: • Advocating Disability Rights, Inc. and Carlisle Wilson v. City of Fort Lauderdale Case No. 02 -61126 CIV- ZLOCH, Title II complaint involving all municipal buildings, fire stations, police stations, parks, beaches and public parking facilities. " Inspected governmental buildings for ADA compliance and prioritized barrier removal projects for the City of Lauderdale by the Sea, Florida and the City of Hollywood, Florida. " Disabled Patriots of America v. City of Shaker Heights, Ohio Title II complaint involving all municipal buildings, fire stations, police stations, parks, beaches and public parking facilities. Class Action lawsuits inspected under Title III include but not limited to: " American Disability Association, Inc, et al v. Enterprise Rental Cars " American Disability Association, Inc, et al v. Washington Mutual Bank " American Disability Association, Inc, et al v. Goodyear Tire Co. " American Disability Association, Inc, et al v. Bridgestone /Firestone Corp. Public facilities under Title III include but not limited to: " Hired by the defendant, Safeway Grocery Stores, as one of four team leaders to perform accessibility surveys on 350 stores to be used as a template for barrier removal of ADA violations as mandated by the Federal Department of Justice. " A private ADA consultant and Expert Witness, have provided services to numerous ADA Title III accessibility complaints regarding the facilities and services of private businesses, including auto dealership facilities, restaurants and hotel facilities, medical care facilities, public agency facilities, shopping centers and malls. CONSTRUCTION EXPERIENCE State Certified General Contractor having over 20 years of experience in the construction process of designing and modifying existing public buildings or public accommodations to comply with accessibility standards, has become particularly well versed in the Code of Federal Regulations and the Florida Accessibility Code for Building Construction. " 2003- present: President and Qualifying agent under the provisions of the Florida Construction Industry Licensing Board for DP Building Contractors Inc. oversee design and modifications of existing public accommodations to comply with accessibility standards as well as, providing all construction needs for the private sector. " 1999 2003: Qualifying agent under the provisions of the Florida Construction Industry Licensing Board for R & D Design Build, Inc. serving as Vice President oversee design and modifications of existing public accommodations to comply with accessibility standards as well as, providing all construction needs for the private sector. " 1997 -1999: Qualifying agent under the provisions of the Florida Construction Industry Licensing Board for Premier Building Group, Inc. served as Vice President overseeing speculative housing development in Delray Beach, Florida. " 1994 -1997: Qualifying agent under the provisions of the Florida Construction Industry Licensing Board for Access - Ability Inc. a corporation devoted to the removal of barriers presented to the physically challenged. Building renovations for accessibility provided for the State of Florida Department of Vocational Rehabilitation and the Paralyzed Veterans Association among other private and public entities. " 1989 -1994: Qualifying agent under the provisions of the Florida Construction Industry Licensing Board for Atlantic Building Contractors, Inc. served as President of the company that primarily provided remodeling of existing commercial and residential buildings. EDUCATION AND REGISTRATION " 2012 Certificate of Attendance from the National Association of ADA Coordinators for the 2012 Spring NAADAC National Conference. 'The New ADA Road Map' " 2011 & 2012 Associated Member of the National Association of ADA Coordinators. " 2008 Certificate of Completion from the Universal Design and the New ADA /ABA Guidelines with Harvard University Graduate School of Design as promulgated by the U. S. Department of Justice and Access Board. " 2005 Certificate of Completion from the Harvard Design School for Universal Design and the New ADA /ABA Guidelines as promulgated by the U. S. Department of Justice and Access Board. " 2005 Certificate of Completion from Florida Atlantic University's Contractor Recertification Course; Occupational Safety and Health Test Equipment Course and Excavation and Trench Safety Course. " 1999 Certificate of Completion from Americans with Disabilities Act with State of Florida Amendments as promulgated by the U. S. Department of Justice and the Florida Accessibility Code for Building Construction " 1994 Certificate of Completion from Americans with Disabilities Act with State of Florida Amendments as promulgated by the U. S. Department of Justice and the Florida Accessibility Code for Building Construction. " 1989 Received Certificate of Competence as a Certified General Contractor for the State of Florida. " 1984 Valencia Community College, Orlando, Florida " 1980 -1981 Terra Technical Institute, Fremont, Ohio 1978 -1980 Vanguard Vocational School, Fremont, Ohio. Kelly Avery From: Bill Thrasher Sent: Tuesday, February 18, 2014 9:47 AM To: David Pedraza Subject: RE: Retainer Agreement and David Pedraza's CV David, The retainer agreement identifies /subjects 2200 Lake Ida Road in Delray. Please revise and forward. Bill Thrasher From: David Pedraza [mailto:david @dpbuildingcontractors.com] Sent: Friday, February 14, 2014 4:48 PM To: Bill Thrasher Subject: Retainer Agreement and David Pedraza's CV Dear Sir: Attached please find a retainer agreement for our services and also David Pedraza's C.V. Please have a check ready for the retainer amount at the location for the Tuesday meeting. Sincerely, 01/ /r /.bvi Office Manager DP Building Contractors, Inc 169 NW 44th Street Suite 34 Fort Lauderdale, Fl. 33309 Kelly Avery From: Bill Thrasher Sent: Friday, February 14, 2014 8:24 PM To: Kelly Avery Subject: Fwd: Retainer Agreement and David Pedraza's CV Attachments: Retainer Agreement.doc; CURRICULUM VITAE PEDRAZA.doc Kelly I need this check first thing Tuesday morning Sent Inrm my Verizon W imless 4G LIE Smarmhone -- - - - - -- Original message -- - - - - -- From: David Pedraza Date:02 /14/2014 4:49 PM (GMT- 05:00) To: Bill Thrasher Subject: Retainer Agreement and David Pedraza's CV Dear Sir: Attached please find a retainer agreement for our services and also David Pedraza's C.V. Please have a check ready for the retainer amount at the location for the Tuesday meeting. Sincerely, CYniv yii AP66vi- Office Manager DP Building Contractors, Inc 169 NW 44th Street Suite 34 Fort Lauderdale, Fl. 33309 A.D.A. COMPLIANCE TEAM, INC. 169 NW 44`x' Street, Ste. #34 Ft. Lauderdale, FL 33309 February 4, 2014 Bill Thrasher Town of Gulf Stream TOWN ®F GULF STREAM 100 Gulf Sea Road ►P YMENT APPROVED-4 Gulf Stream, FL Amo n By W � t Re: 100 Sea Road, Gulfstream, FL Date ) Check # Date Dear Sir: This agreement is for A.D.A. Compliance Team, Inc. and David Pedraza to assist you in preparation for trial and to act as an expert witness in this matter. Services are to be performed by A.D.A. Compliance Team, Inc. and David Pedraza with Bill Thrasher, City of Gulfstream as Client, on behalf of 100 Sea Road, Gulfstream, FL. Retainer: To bind this agreement, you agree to pay a retainer of $400.00 to A.D.A. Compliance Team, Inc. and David Pedraza. This is a non - refundable fee. You may not identify A.D.A. Compliance Team, Inc. and David Pedraza as either a testifying or non - testifying expert until such time as the retainer fee has been paid. Work will proceed when the retainer fee and Retainer Agreement are received by A.D.A. Compliance Team, Inc. and David Pedraza. Any charges for additional work performed by A.D.A. Compliance Team, Inc. and David Pedraza that exceed the amount of the Retainer will be invoiced monthly and will be due and payable immediately. Fees: Our fees for services would be based on an hourly rate as follows: David Pedraza @ $200.00 an hour Courtroom trial testimony @ $200.00 an hour Expert witness depositions @ $200.00 an hour Clerical, Drafter, Technical @ $95.00 an hour Deposition testimony: You are responsible for assuring that reasonably estimated deposition fees will be paid by attorneys and will be paid within thirty working days of the deposition. If payment is not received by this time, you are responsible for any deficiencies in payment by deposing attorneys. Trial testimony: When testimony at trial is scheduled, the balance for any outstanding time and expense is due immediately. An additional retainer of $400.00 is due to cover trial preparation and testimony. Any credit balance from a previously received retainer will contribute to this retainer. Additional consulting or testimony (if any) will be invoiced upon completion of consulting activity or oral testimony. Expenses: In addition to paying hourly consultation services, you agree to pay reimbursable expenses incurred by A.D.A. Compliance Team, Inc. and David Pedraza that will be billed. You agree that you are liable for any debt incurred by A.D.A. Compliance Team, Inc. and David Pedraza on this project. Page 2 Payment: All invoices are due & payable upon receipt. A late fee of 1.5% will be added each month to invoices 30 days or more past due. All outstanding balances must be paid in full before additional work is performed. You are responsible for all payments as outlined in this contract, regardless of any arrangement you may have with any party or parties you represent. In no case will payment be based on a contingency or lien, or deferred until settlement of the case. Payment to A.D.A. Compliance Team, Inc. and David Pedraza for the services provided is not dependent upon our findings, nor on the outcome of any legal action, mediation, arbitration, or the amount or terms of any settlement of the underlying legal cause, nor on any contractual arrangement between you and any other person or parry. Collection: You agree to pay any and all collection expenses including attorney's fees and any other costs A.D.A. Compliance Team, Inc. and David Pedraza incurs in connection with the collection of A.D.A. Compliance Team, Inc. and David Pedraza's consulting fees and expenses. Termination: You may discharge A.D.A. Compliance Team, Inc. and David Pedraza at anytime by providing a written notice (effective upon receipt). Regardless of any such discharge, payment in full for services rendered prior to the effective date of such notice as well as costs incurred by A.D.A. Compliance Team, Inc. and David Pedraza will be due immediately upon receipt of final invoice from A.D.A. Compliance Team, Inc. and David Pedraza. A.D.A. Compliance Team, Inc. and David Pedraza may withdraw from the case at any time with your consent for good cause, or for breach of any part of this agreement. Not making payments when due would constitute a breach of this agreement. Limitation of Liability: The Americans with Disabilities Act (ADA) and the ADAAG guidelines are extremely complex, and often open to interpretation. While A.D.A. Compliance Team, Inc. and David Pedraza have many years of experience and an excellent track record on interpretation of the ADA and ADAAG guidelines, we cannot guarantee that others will concur with our assessment. The fact that another inspector, expert, lawyer, court or other entity may disagree with our assessment, or may interpret the ADA or ADAAG differently, shall not be construed as a failure by A.D.A. Compliance Team, Inc. and David Pedraza to perform services in a careful or conscientious manner. A.D.A. Compliance Team, Inc. and David Pedraza will provide the highest quality of service possible. It is understood and agreed to, that A.D.A. Compliance Team, Inc. and David Pedraza total liability for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes will be limited to a maximum of the net fee received by A.D.A. Compliance Team, Inc. and David Pedraza, not including direct project expenses, for all services rendered on the project. Such causes include, but are not limited to negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida. All parties to this agreement expressly consent and submit to the exclusive jurisdiction of the courts of the State of Florida for all purposes regarding this Agreement. Any dispute at all relating to this Agreement or the services rendered hereunder shall be heard in the Broward County Circuit Court. In signing this agreement you agree to the above - stated terms. David Pedraza Date Bill Thrasher Date Item # F300 To reorder, please call Blackbaud Forms at our toll free number, 866.422.3676 TOWN OF GULF STREAM OPERATING ACCOUNT To: A.D.A Compliance Team, Inc. and David Pedraza 169 NW 44th Street Ste. #34 • 11750 2/18;2014 Retainer fee 5400.0( 001- 53199- 513 -10 Misc Prof Svcs - TII s x x x =- m s x x -x-; qLq ..T -7 TOWN OF GULF STREAM OPERATING ACCOUNT 100 SEA ROAD GULF STREAM, FL 33483 -7427 (561) 276 -5116 PAY * *Four hundred and 00/100 Dollars'`* TO THE ORDER OF SUNTRUST BANK 63- 215/631 11750 [t� ARMOR' CHECK DATE CHECK NO. 2/18/2014 11750 CHECK AMOUNT $--400.00 A.D.A Compliance Team, Inc. and David Pedraza 1f�$01A NE MP 169 NW 44th Street GENUI Ste. #34 Ft. Lauderdale, FL 33309 °al° "' AUTHORIZED Sid ATUffE AuTHORtzESlaNnn,Re -- - - - o0 L L 7 5011' ' : I TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 20, 2015 Chris O'Hare [mail to: chrisoharegulfstream @gmail.com], Re: GS #681 (ADA compliance 2.19.14 c) All records related in any way to the planning, design, construction, alteration, modification, inspection, audit or review of any part of the existing structure or surrounding ancillary improvements on the property identified in Palm Beach County records as PCN 10434534140000010 and located at 100 Sea Road, Gulf Stream, FL in regard to compliance with County, State and Federal regulations concerned with the American Disablities Act or any regulation concerned with handicap accessibility. Records shall include but not be limited to all communications, memos, notes, sketches, diagrams, minutes, phone logs, record destruction documents, plans, invoices, payments and any other record responsive to this request. Dear Chris O'Hare [mail to: chrisoharegul fstreamaa.gmail.coml, The Town of Gulf Stream received your public records requests on February 19, 2014. You should be able to view your original requests at the following h!W://WWW2.gulf- stream.org/weblink/O/doc/18052/Paiiel.asox. In future correspondence, please refer to this public records request by the above referenced numbers. Responsive documents can be found at the same above link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records