HomeMy Public PortalAboutPRR 14-0681t�
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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.
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