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HomeMy Public PortalAboutPRR 15-1824REQUESTEE: RECORDS REQUEST (the "Request ") Date of Request: 3/20/2015 Requestor's Request ID#: 1077 Custodian of Records Town of Gulf Stream REQUESTOR: Our Public Records, LLC REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- group.com Fax: 954 -360 -0807 or Contact Jill Mohler, Records Custodian at jmohleracommerce- aoun.com: (954) 570 -3507; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Please provide a copy of all Public Records provided by the ADA Inspector as referenced in the Letter from William Thrasher to Martin O'Boyle, dated March a copy of which is attached I.—P ease also prove a any communications from the Town of r-'-,If Rtre2rn or any of its Commissioners, Agents or Employees to the ADA Inspector referenced in the Letter. ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDASTATUTES 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 4119.01(21(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON I I X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD HE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO )'LEASE TAKE NOTE OF §1 19.07(l)(H) OF THE FLORIDA STATUTES. WHICH PROVIDES THAT -IF A CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAY PERIOII'rO ENFORCE THE PROVISIONS OFTHIS SECTION WITH RESPECTTO 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." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY. 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 costs, asserted by the Agency (as dented In Florida Statute, Chapter 119.01 (Definitions)), in advance of any casts imposed to the Requestor by the Agency. 'BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THATTHE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES ". 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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 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 Scut from my Verizon Wireless 4G LTF.. Smanphonc -- - - - - -- 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, J�fi•i /u• �o /Jo -ir Office Manager DP Building Contractors, Inc 169 NW 44th Street Suite 34 Fort Lauderdale, Fl. 33309 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, Office Manager DP Building Contractors, Inc 169 NW 44th Street Suite 34 Fort Lauderdale, Fl. 33309 Kelly Avery From: Karryn Nicholson <kn @adacomplianceteaminc.com> Sent: Wednesday, March 05, 2014 1:09 PM To: Bill Thrasher Subject: Report and Finail Invoice Attachments: Report.docx; ADA Inv Gulfstream.pdf Dear Mr. Thrasher: Attached you shall find the ADA compliance report that you requested. Thank you for your patience in this matter. Should you require anything at all, please do not hesitate to contact us. Sincerely, -1L nv yii �A Office Manager ADA Compliance Team, Inc. 169 NW 44th Street Suite 34 Fort Lauderdale, FL. 33309 A.D.A. COMPLIANCE TEAM, INC. 169 NW 44'1' Street, Ste. #34 Ft. Lauderdale, FL 33309 February 4, 2014 Bill Thrasher Town of Gulf Stream 100 Sea Road Gulf Stream, FL Re: 100 Sea Road, Gulfstream, FL Dear Sir: VN OF GULF STR AE ►P ,AYMENT APPROVED-4 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 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 Bill Thrasher Date am n rsry m,vw v,, Pivnx cwi v,nwv euv rvrmn el wr lw, nae numvv[ vee V'LG:IV ro • �, � r � v 'OWN OF GULF STREAM OPERATING ACCOUNT To: A.D.A Compliance Team, Inc. and David Pedrua 169 NW 44th Street 2162014 Retamerfee Totals: 001- 53199 - 513 -10 Mlsc Prof Svcs - TH $400.00 5400.00 SFCURITY FEATURES INCLUDE TRUE WATERMARK PAPER. HEAT SENSITIVE ICON AND FOIL HOLOGRAM. 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 S0.00 $0.00 $4000 5400.0 SUNTRUST BANK AR- 63- 215/631 CHECK DATE CHECK NO. 2118/2014 11750 CHECKAMOUNr V 400.00 A.D.A Compliance Team, Inc. and David Pedraza -- 169 NW 44th Street RRA'J� a!N I Ste. #34 Ft. Lauderdale, FL 33309 IP❑1175❑its A D A Compliance Team Inc. 169 NW 44th ST Suite 34 Ft. Lauderdale, FL 33309 -3923 Bill To: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Invoice Invoice # Gulfstream Invoice Date 3/5/2014 Case Information: Description Oates Hours /qty Amount Depict violations as per photographs and incorporate v3/t4, 14/14 & vsna 4 800.00 into ADA Compliance report N OF GULF PAYMENT APPR CY- Check Total ;EAM ',:�� Payment/Credits $0.00 Balance Due $800.00 Imk F300 To reorder. please call Slackbeud Forms at our toll free number. SEE 4223578 • 11 f .7D OWN OF GULF STREAM OPERATING ACCOUNT To: A.D.A Compliance Team, Inc. and David Pedraaa 169 NW 44th Strect 3'5/2014 ADA Compliance report and pictures 001 - 53199- 513.10 Mlsc Prof Svcs - TH PAY TO THE ORDER OF Tatah: $800.00 50.00 S800.00 50.00 SECURITY FEATURES INCLUDE TRITE WATERMARK PAPER. HEAT SENSITIVE ICON AND FOIL HOLOGHAIA. TOWN OF GULF STREAM OPERATING ACCOUNT 1 DO SEA ROAD GULF STREAM, FL 33483 -7427 (561) 276 -5116 "Eight hundred and 001100 Dollars" $800.01 5800.01 SUNTRUST BANK Wt ARMOR 0&21St031 CHECK DATE CHECK NO 3111/2014 11795 CHECK AMOUNT $-800.00 A.D.A Compliance Team, Inc. and David Pedraza 169 NW 44th Street Ste. ##34 °K�n AL = Ft. Lauderdale, FL 33309 %xF47- L•T AUfHOR17PDSIGNATURE Aunne�D&laalaURa Uar1 1 1 on con Kelly Avery From: Bill Thrasher Sent: Monday, March 16, 2015 3:57 PM To: dp @adacomplianceteaminc.com Subject: Re -visit David, We spoke a little bit ago regarding your ADA inspection services for a re -visit at Town Hall and an evaluation whether the PD is required to adhere to ADA requirements since the PD is normally closed to the public. I look forward to hearing from you. Thank you, William H. Thrasher, Town Manager Town of Gulf Stream Kelly Avery From: David Pedraza <dp @adacomplianceteaminc.com> Sent: Monday, March 16, 2015 4:41 PM To: Bill Thrasher Subject: ADA Compliance Team, Inc MR Here is the retainer agreement as we discussed during our telephone conversation. Please sign and return the retainer agreement for the Town Hall re- inspection and the Police Station's Inspection. Thank you, Dave Kelly Avery From: David Pedraza <dp @adacomplianceteaminc.com> Sent: Monday, March 16, 2015 4:43 PM To: Bill Thrasher Subject: FW: ADA Compliance Team, Inc Attachments: Retainer Agreement for police station.doc From: David Pedraza Sent: Monday, March 16, 2015 4:41 PM To: 'bthrasher @gulf - stream.org' Subject: ADA Compliance Team, Inc M1 Here is the retainer agreement as we discussed during our telephone conversation. Please sign and return the retainer agreement for the Town Hall re- inspection and the Police Station's Inspection. Thank you, Dave A.D.A. COMPLIANCE TEAM, INC. 169 NW 44th Street, Ste. #34 Ft Lauderdale, FL 33309 March 16, 2015 Bill Thrasher Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: Town Hall re- inspection at 100 Sea Road, Gulfstream, FL and the inspection of the Police Station at 246 Sea Rd, Delray Beach, FL 33483 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 33483 and 246 Sea Rd, Delray Beach, FL 33483. Retainer: To bind this agreement, you agree to pay a retainer of $1,250.00 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 Page 2 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 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 Bill Thrasher Kelly Avery From: David Pedraza <dp @adacomplianceteaminc.com> Sent: Wednesday, March 18, 2015 12:17 PM To: Bill Thrasher Subject: Revised Retainer Agreement Attachments: Retainer Agreement for police station.doc Mr. Thrasher, Here is the revised retainer agreement for work to be done at the Gulf Stream Police Station and Town Hall. Thank you, Dave A.D.A. COMPLIANCE TEAM, INC. 169 NW 441h Street, Ste. #34 Ft Lauderdale, FL 33309 March 16, 2015 Bill Thrasher Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: Town Hall re- inspection at 100 Sea Road, Gulfstream, FL and the inspection of the Police Station at 246 Sea Rd, Delray Beach, FL 33483 Dear Sir: This agreement is for A.D.A. Compliance Team, Inc. and David Pedraza to assist you in ADA Consulting services. 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 33483 and 246 Sea Rd, Delray Beach, FL 33483. Retainer: To bind this agreement, you agree to pay a retainer of $1,250.00 to A.D.A. Compliance Team, Inc. and David Pedraza. This is a non - refundable fee. 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 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 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. 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. Page 2 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 Bill Thrasher for the Town of Gulf Stream Park Date Date Town of Gulf Stream Transmission Letter FAX Cover Sheet To: ADA Compliance Team, Inc. Attn: David Pedraza Phone:( ) Fax: (954) 876 -0209 REMARKS: Date: 3/18/15 Number of pages including cover sheet: 3 From: William Thrasher Phone: (561) 276 -5116 Fax: (561) 737 -0188 Please send a fully executed agreement back to us. Thank you! A.D.A. COMPLIANCE TEAM, INC. 169 NW 44' Street, Ste. #34 Ft. Lauderdale, FL 33309 March 16, 2015 Bill Thrasher Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Re: Town Hall re- inspection at 100 Sea Road, Gulf Stream, FL and the inspection of the Police Station at 246 Sea Rd, Gulf Stream, FL Dear Sir: This agreement is for A.D.A. Compliance Team, Inc. and David Pedraza to assist you in ADA Consulting services. Services are to be performed by A.D.A. Compliance Team, Inc. and David Pedraza with Bill Thrasher, Town of Gulf Stream as Client, on behalf of 100 Sea Road, Gulf Stream, FL 33483 and 246 Sea Rd, Delray Beach, FL 33483. Retainer: To bind this agreement, you agree to pay a retainer of $1,250.00 to A.D.A. Compliance Team, Inc. and David Pedraza. This is a non - refundable fee. 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 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 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. 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. Page 2 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. 2 rrz * (Z David Pedraza Bill Thrasher for the Town of Gulf Stream Date Date TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 25, 2015 Our Public Records, LLC [mail to: records @commerce- group.com] Re: GS #1824 (1077) Please provide a copy of all Public Records provided by the ADA Inspector as referenced in the Letter from William Thrasher to Martin O'Boyle, dated March 16, 2015 (a copy of which is attached). Please also provide any communications from the Town of Gulf Stream or any of its Commissioners, agents or employees to the ADA inspector referenced in the letter. Dear Our Public Records, LLC [mail to: recordsaa,commerce- grouo.coml, The Town of Gulf Stream received your public records requests dated March 20, 2014. You should be able to view your original requests at the following link hn: / /www2.gulf- stream .org /WebLink8 /0/doc/42789/Pa eg 1_aspxx. If your request was verbal, then the description of your public records request is set forth in the italics above. In future correspondence, please refer to this public records request by the above referenced numbers. The responsive documents can be found at the same above link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records 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 Sem from my Veriznn Wireless 4G LTG Smarlphonc -- - - - - -- 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, I Office Manager DP Building Contractors, Inc 169 NW 44th Street Suite 34 Fort Lauderdale, Fl. 33309 DAVID PEDRAZA AMERICAN DISABILTTYACT CONSULTANT CERTIFIED GENERAL CONTRACTOR, CGC 046427 169 NfF 44'� 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. A.D.A. COMPLIANCE TEAM, INC. 169 NW 44th 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, htc. 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 Kelly Avery From: Karryn Nicholson <kn @adacomplianceteaminc.com> Sent: Tuesday, February 18, 2014 9:45 AM To: Kelly Avery Subject: Retainer Agreement Attachments: Retainer Agreement.doc Good morning: Attached is the revised retainer agreement for the Town of Gulf Stream. Please have Mr. Thrasher sign were indicated and if possible email back to me. Thank you, 7 Office Manager ADA Compliance Team, Inc. 169 NW 44th Street Suite 34 Fort Lauderdale, FL. 33309 A.D.A. COMPLIANCE TEAM, INC. 169 NW 44'" Street, Ste. #34 Ft Lauderdale, FL 33309 February 4, 2014 Bill Thrasher Town of Gulf Stream 100 Sea Road Gulf Stream, FL Re: 100 Sea Road, Gulfstream, FL 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 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 Bill Thrasher Date Kelly Avery From: Kelly Avery Sent: Tuesday, February 18, 2014 9:52 AM To: Karryn Nicholson Subject: RE: Retainer Agreement Attachments: ada compliance.pdf Karryn — Thank you! Please find the attached signed contract. Will we be getting a copy of the completely signed contract? Ka y Ave4y Accountant /Assistant to the Finance Director /Deputy Clerk Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483 -7427 561 -276 -5116 561- 737 -0188 fax Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e -mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Karryn Nicholson [ mailto :kn @adacomplianceteaminc.com] Sent: Tuesday, February 18, 2014 9:45 AM To: Kelly Avery Subject: Retainer Agreement Good morning: Attached is the revised retainer agreement for the Town of Gulf Stream. Please have Mr. Thrasher sign were indicated and if possible email back to me. Thank you, f Office Manager ADA Compliance Team, Inc. 169 NW 44th Street Suite 34 Fort Lauderdale, FL. 33309 A.D.A. COMPLIANCE TEAM, INC. 169 NFV 44th Street, Ste. #34 Ft. Lauderdale, FL 33309 February 4, 2014 Bill Thrasher Town of Gulf Stream 100 Sea Road Gulf Stream, FL Re: 100 Sea Road, Gulfstream, FL 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 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.R. 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 �� Dale Kelly Avery From: Karryn Nicholson <kn @adacomplianceteaminc.com> Sent: Wednesday, February 19, 2014 9:34 AM To: Kelly Avery Subject: Town of Gulf Stream Dear Ms. Avery; We were advised that the Town of Gulf Stream was being sued. Could you please forward to me the Complaint. Thank you, Lrrfl'Tn �Jir /r /Inn Office Manager ADA Compliance Team, Inc. 169 NW 44th Street Suite 34 Fort Lauderdale, FL. 33309 Supplemental TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 31, 2015 Our Public Records, LLC [mail to: records@commerce-group.com] Re: GS #1824 (1077) Please provide a copy of all Public Records provided by the ADA Inspector as referenced in the Letter from William Thrasher to Martin O'Boyle, dated March 16, 2015 (a copy of which is attached). Please also provide any communications from the Town of Gulf Stream or any of its Commissioners, agents or employees to the ADA inspector referenced in the letter. Dear Our Public Records, LLC [mail to: recordsna,commerce-erouo.coml, The Town of Gulf Stream received your public records requests dated March 20, 2015. You should be able to view your original requests at the following http://www2.eulf- stream.ore/WebLink8/0/doc/42789/Paeel.asox. If your request was verbal, then the description of your public records request is set forth in the italics above. In future correspondence, please refer to this public records request by the above referenced numbers. The Town has found additional responsive records which were not included in our initial response. These supplemental records can be found at the above link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records