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Item C04 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Mav 21. 2003 Division: Community Services Bulk Item: Yes X No Council: Florida Keys Council For People with Disabilities (FKCFPWD) AGENDA ITEM WORDING: Approval for the Monroe County, Florida Keys Council For People With Disabilities (FKCFPWD) to use outside consulting services for the FKCFPWD Council Board in matters pertaining to the American Disabilities Act (ADA) Federal Law in an advisory capacity and to use the consulting services to provide a workshop for Monroe County businesses and associations in ADA awareness training to better promote ADA requirement compliance, awareness, education, and understanding in Monroe County. ITEM BACKGROUND: The FKCFPWD Council by unanimous vote requested outside ADA consulting services to be used by the Disability Council to better educate the Council Board and Public, and to promote ADA awareness and ADA regulations compliance in Monroe County. Two responses were received from requests for quotes for ADA consulting services. The two quotes received by the FKCFPWD were from Mr. Bill Norkunas of ADA Help (Fee $150 Hr) Tamarac, Fl, and Mr. Michael Brennen, of Brennen ADA Consulting Inc. (Fee $185 Hr) Miami, Fl. The FKCFPWD Council requests BOCC approval to use either of the request responders for consultation and training services in Monroe County under the authorization and guidance of the FKCFPWD Chairperson and the FKCFPWD County Liaison to the FKCFPWD Council, James E. Malloch, Community Services Division Director. Payment for services rendered and billed will be from the FKCFPWD funds received from Handicapped parking violations per County Ordinance. The current FKCFPWD fund balance is approximately $32,000 in the Fund 158 Miscellaneous Special Revenue Handicapped Parking Fund which can only be used for FKCFPWD purposes. PREVIOUS RELEVANT BOCC ACTION: Approval of County Code Section 11-2 authorizing a fine of $250 for illegal parking in Handicapped Designated Spaces, whereby two thirds of the fine is provided to County Fund 158 to provide funds to improve ADA education, accessibility, and equal opportunity through the FKCFPWD in order to formulate and recommend plans and programs to the BOCC in dealing with the problems of the physically disabled (handicapped) in Monroe County (Ordinance No. 24-1985). CONTRACT/AGREEMENT.CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: $Fine & Forfeiture Funds BUDGETED: Yes No X (Can only be spent by FKCFPWD) COST TO COUNTY: None SOURCE OF FUNDS: Not to exceed $10,000 in cost Fund 158 Misc. Special Revenue Fund, (Handicapped Parking Violations Fund) REVENUE PRODUCING: Yes No X AMOUNT PER MONTH: N/A Year c .'-1 APPROVED BY: County Atty N/A DIVISION DIRECTOR APPROVAL: DOCUMENTA TION: ... Included DISPOSITION: N/A To Follow Not Required_ AGENDA ITEM #4 Revised 2/27/01 MIchael Brennan M Page 1 of9 Brennan Consulting Inc. ~~~m.r1.. L.m.~.e. ADA Consultant. Mental Health Counselor 7955 Biscayne Point Circle Miami Beach, Florida 33141 Phone (305) 864-7070 Fax (305) 864-4140 Michael@BrennCloCoO$ulting.net www.BrennanConsulting.net SUMMARY OF EXPERIENCE: Twelve Federal judges and four magistrates in three states have accepted Mr. Brennan as an ADA expert. Michael Brennan is currently Class expert in BP Amoco Stations and Convenience Stores Class Action CASE NO. 98-2002- CIV.GOLD. Michael Brennan has testified in five Trials in three districts, and seventeen other cases. Michael Brennan serves as consultant to the Association for DisAbled Americans (ADA) Incorporated (National), Florida Paraplegic Association (FPA-State), Deaf Advocates of Miami-Dade County (County), Alliance for ADA Compliance, Inc. (State), Coral Springs Advocacy Committee for the Disabled, (State), Manasota Post Polio Support Group, Sarasota Center for Independent Living, Action Disability Advocates, Inc., Daytona, Out of Desperation Inc. Orlando and more than forty one individual plaintiffs in over 350 cases in the area of Americans with Disabilities Act (ADA) and Florida 553, Mr. Brennan has 19 years of experience in publicly owned and commercial facilities to assist them in increasing accessibility in complying with the Americans with Disabilities Act of 1990, the Federal Fair Housing Act, American National Standards Institute and related accessibility codes, Mr. Brennan has served by acclamation both as Chairperson and Vice-Chair for the Commission on Disability Issues appointed by the County Commissioners, LICENSURE: Mental Health Counselor State of Florida #0000237 Rehabilitation Services Provider State of Florida #00001937 1989-1992 Certified Rehabilitation Counselor (CRC) #2629610/91-9/01 Certified Case Manager (CCM) #01187 10/91-9/01 Blue Cross Blue Shield of Fla. Z5107 Department of Insurance Workers' Compensation Claims Professional - CEU provider #CE 18338-810-001-004 1989-1992 Department of Professional Regulations CEU Provider #CM 392-95 AlA I Access Board Accessibility Guidelines Education Course 12 credits for Judicial, Legislative and Regulatory Facilities, Detention and Correctional Facilities, Building Elements Designed for Children's Use 11/2000 EDUCATION: Master of Arts - Vocational Rehabilitation Counseling. University of South Florida, Tampa, Florida, 1978 Bachelor of Arts - Vocational Rehabilitation Counseling. University of South Florida, Tampa, Florida, 1975-1978 PROFESSIONAL HIGHLIGHTS: fi Ic://C:' [' : ':"::1\5";,2I)and%20Settin~s\mall()c 11-j im 'Jocal%20Scltings\Tcmporaryl)~J2()lll." 3/27/2003 Michael Brennan M Page 2 of 9 . Currently performing expert testimony on Title II & III Federal ADA (over 350 cases, Z Filed as Class Action, (Publix, Amoco, 7-Eleven, {each of the 3 accepting the class}, Regal Cinemas, Texaco, Mobil, and Muvico,). Amoco Oil, BP Exploration & Oil, and Atlantic Richfield as a result of the settlement will ultimately bring approximately 4000 stations and markets across the United States into compliance as a result of the class action Consent Decree. Expert testimony on disabilities, wage loss and eamings, personal injury, third party, & workers' compensation, . Twelve Federal judges and four magistrates in four districts, in three States have accepted Mr. Brennan as an expert, seven Judges or Magistrates as to rate, Over 100 defendants have stipulated to expertise and fee schedule: Cases: 97-2906-CIV-KING/GARBER, ADA et al. Vs. Authentic Fitness Retail, Inc. et al., accepts as expert and awards fees as reasonable on 3/29/99. 97-10112-CIV-King & 97-10114-CIV-King, ADA et al. Vs. Holiday Isle Resort & Marina, Inc., d/b/a Holiday Isle Resort Hotel, accepts as expert and affirms fees and costs at $185.00 as reasonable ordering payment of total billing. 97-3672-CIV-King, ADA, et al. Vs. Club in the Grove d.b.a. Tigertail Lounge, 12/11/98. Judge King accepts as expert and affirms fees and costs at $185.00 as reasonable. 97-0132-CIV-Hoovler, ADA et al. Vs. Joel Sussman d.b.a. (Sherry Frontanac), Judge Hoovler accepts as expert and affirms fees and costs at $185.00 as reasonable, ordering total billing. 97-133-CIV-Highsmith by Magistrate Turnoff & confirmed by District Judge Highsmith. ADA et al. Vs. North Beach Hotel d.b.a. (Best Western 4100 Collins). Judge Highsmith accepts as expert and confirmed fees and costs at $185.00 as reasonable. 97-0464-CIV-Davis, Association for Disabled Americans, Inc., et al. Vs. Charles Bernard Ltd. (Best Western Sunny Isles) United States District Court for the Southern District of Florida, wherein District Judge Davis accepts as expert and awards fees and costs at $185.00 as reasonable. 96-1826-CIV-Ferguson, Association for Disabled Americans v.1775 Hotel Corp., d/b/a Florida Hotel Corporation. Magistrate Judge Stephen T. Brown on August 6,1998 as expert and affirms fees and costs at $185.00 as reasonable. No 1 :95-CV-332, in the Eastern District of Tennessee, Smith v Wal-Mart., Judge Allan Edgar, on 3/1/00 Judge accepts as expert for testimony in jury trial. No. 98.1199cv.18.B, United States District Court for the Middle District of Florida, Judge Baker accepts as expert, Assoc. for Disabled v. Red Roof Inns, Inc" Vs. Red Roof Inns, 8/16/00 Case No. 99-CV-580-Judge Adalberto Jordan, Association Disabled Americans, et al v. Texaco, Inc., et a/4/23/01 , accepts as expert and awards fees and costs at $185.00 as reasonable. 99-1058-CIV-Highsmith, Association for Disabled Americans, Inc. Vs. Concorde Gaming Corporation and Goldcoast Entertainment Cruises, Inc. d/b/a Casino Princesa 7/31/01 & 8/1101. Case No. 3-01 CV0230-H, Northern District of Texas, Association for Disabled Americans, Inc., et al. Vs 7-Eleven, Inc., Judge Sanders accepts as expert on 12/17/01, Fairness Hearing. Case No. 00-4920-Civ-Huck/Brown, Southern District of Florida, Denny Wood Vs. Hooligan's Pub & Lobster House, Ltd., January 7, 2002, testimony in trial. Case No. 00-7381.CIV.Moreno, Coral Springs Advocacy Committee, et al. Vs Saul Strachman d/b/a Gardens Mall, testimony in trial July 22,2002, . Sworn testimony has been given twenty-two different times in twenty different cases. fi Ie:/ Ie: \Documents%20and %20Settings\malloch-jim \Local%20Settings\ Temporary%20In... 3/2 7/2003 Michael Brennan M Page 3 of9 . Appointed to Dade County Commission on Disability Issues 1995 to 1999. 1998 Chairman(Unopposed/Acclamation) Vice Chairman (Unopposed) . Appointed to the Dade County Commission for the Advancement of the Physically Handicapped and served as Vice Chairman from 1983-1989. . Served on the County Performing Arts Center, American Airlines-Miami Heat Arena, .. Tri-County Rail and Florida Department of Transportation busway, extension advisory committees (Resigned 1999 Conflict County Sued), Miami Beach Barrier Free Committee 3 terms. . Social Security Administration approved vocational expert, Office of Hearings and Appeals. (Over 380 cases) PROFESSIONAL HISTORY: Brennan Counseling, Inc. Miami Beach, Florida 1984 - present Responsible for ADA access as expert/consultant in over 350 cases. As owner/operator, all aspects of case management and expert testimony in worker's compensation and personal injury claims. CRC and CCM licensed. 1984-1997 Private practice counseling specializing in family therapy including adolescents and assisting the physically disabled in adjustment, coping, and living skills supervision. Other specialty areas include adjustments to divorce, step parenting and counseling couples with marital difficulties, Carrier Rehabilitation. Inc. Miami, Florida February 1989 - December 1991 Responsible for the medical management and/or placement of clients with the goal of returning the clients to work. All aspects of worker's compensation claims management in over 200 cases. Miami Dade Community College North Campus, Miami, Florida January 1986 - November 1987 Associate Project Director for the Demonstration Project for the Learning Disabled. A Federal grant position responsible for vocational assessments, training, job development and job placement of learning disabled adults. Wrote and administered grant on accessibility. Adjunct Instructor of Psychology and Career Adjustment Training and acted as community liaison with schools. Association for the Advancement of the Mentally Handicapped North Miami, Florida 1981-1985 As case manager, responsible for program development for mentally handicapped adults progressing towards independent lifestyles. Facilitated group counseling with clients and separate groups were held for parents. Also provided on-site visitation to clients living independently. Office of Vocational Rehabilitation Ii Ie ://C '), ':::: m ents') ~)20~l11d%20Setti ngs\mal] oc h-j i m\Localo;,20Scttings'.T cmrorary<Y;,20 In... 3/27/:200J Michael Brennan M Page 4 of9 Jackson Memorial Hospital, Miami, Florida 1979 -1981 As vocational rehabilitation counselor, responsible for the vocational development of physically disabled clients. Assisted clients in their psychosocial and vocational development and aided in maximizing their physical, psychological and vocational potential through means of evaluation, training, and counseling. Intrastate coordinator of $1,000,000.00 fund for admissions of severely disabled to regional Rehabilitation Center. Fee Schedule: Private Client Deposition Court Testimony $210.00/hour $250.00/hour $275,OO/hour Established Client/Firms Deposition Court Testimony $185,OO/hour $200.00/hour $250,OO/hour Representative ADA & Architectural Consulting Clients: (Partial Listing) 1. Bethel Beach Club, Miami Beach 2. Cobb & Cole Daytona . Desert Inn Hotel . EI Caribe Hotel . Grande Prix Hotel . Boardwalk Inn . Treasure Island Hotel . Ocean Resorts 1. Plaza Resort and Spa 2. Best Western 3. Days Inn 4. Treasure Island 5. Beachcomber · Daytona Speedway 3. Aragon, Burlington, Weil & Crockett, PA . Holiday Strip Plaza 4, Brumer & Kaufman P,A., · Park Central Hotel 5. Constellation Shopping Center 6. Cole, Scott & Kissane . Seaview Hotel 7. Cooper City Plaza, Linet Trust 8. Cordozo Hotel, Miami Beach 9. Dave & Busters, USA 10. Dimension Parking, Miami 11. European Advisors Inc., Lord Balfour Hotel 12. Fantasy Inn Hotel 13. Fortress Security, Miami 14. Fowler, While, Burnett, Hurley, Banick & Strickland, . Southland Shopping Center · Florida Sunrise . 163rd SI. Mall · Lidece Real Estate . Taco Bell Biscayne Blvd. . Taco Bell WPB 15. Broad & Cassel . Cutler Square 16. General Practitioner Association, Dr. Lazar PA, Hollywood 17. Hunt, Cook, Riggs, Mehr, & Miller fi le:!/C. l' :~c ~1l11cnts()<,20and%20Settings\malloc 11- j i m\Local %20Settings\ T emporal-yo/QO In... 3/27'2003 Michael Brennan M Page 5 of9 . Copan Business Center 18. Larios Restaurant, Miami Beach 19. Miami Shores Country Club, Miami Shores 20. Miller & Martin, Smith vs. Walmart 21. Laurence Duffy, Esq., Stiastny, Oakwood Plaza 22. Leonard Gardner Esq. Newbum Plaza 23. Nivcab Properties 24. Orthopedic Care Centet. Aventura 25. Richard Lydecker, Esq., Isis Plaza 26. Sea View Hotel, Bal Harbor 27. Southwinds Hospital 28. Oaktree Plaza, N.P.Bch., Siastny 29. Tropi Rock Resort, Ft. Lauderdale 30. Turnberry Associates, Aventura Mall 31. Wachovia Bank 32. Westchester Hospital, Miami RESTAURANTS SETTLED 1. 94th Aero Squadron 2. Beverly Hills Cafe 3. Booking Table Cafe 1. Burger King (closed) 2. Capri Restaurant 4. Chart House Daytona 5. Compass Cafe 6. Dab House Restaurant 7. Danny's Restaurant (closed) 8. Famous Crab House (closed) 9. Fashion Cafe 10. Flaming Pit 11. Flamingo Restaurant 12. Forge Restaurant 13. Hooters 14. IHOP N.M. Bis Blvd. (40 IHOP Total) 15. IHOP Biscayne & 24th 16. IHOP Hialeah 17. IHOP Kendall 18. IHOP Key West 19. IHOP NMB 20. IHOP S. Dixie Hwy. 21. Jeffery's Restaurant 22. Italian Fisherman 23, Johnny Rocket Rest. 24. La Paloma Restaurant 25. Lucky Cheng's 26. Lums 27. Monty Trainer's 28. Morton's N.M.B. 29. News Cafe 30. Palace Bar & Grill 31. Penrods 32. Planet Hollywood Mia 33. Prince Hamlet Restaurant 34. Offerdahls Bagel 35. Outback Steakhouse 36. Sea Gate Restaurant (closed) 37. Senor Frog (moved) 38. Shorty's Bar-B-Q 39. Siam Bayshore Thai Restaurant 40. Subway/Collins 41. Sushi Rock Cafe 42. Tigertail Lounge 43. Tony Roma's fi Ie:l Ie: \Documents%20and%20Settings\malloch-jim \Local%20Settings\ T emporary%20In... 3/2 7/2003 Michael Brennan M Page 6 of9 MISCELLANEOUS SETTLED 44. 7-Eleven 45. 1570 Madruga, Professional Building 46. 7000 SW 62nd Ave., Prof. Bldg. 47. Amoco 48, All Sports 49. AMC Cocowalk 50. AMC Loehman's 51. AMC Omni 52. Amnesia 53. Appliance Center Coral Springs 54. Baer's Furniture 55. Bank Of America 56. Bar None 57. Bob Carr Auditorium Orlando 58. Blockbuster Video US 1 59. Blockbuster Video Plaza 60. Casino Princesa 61. Center For Medical Arts 62. Channel 7 WSVN 63. City of Homestead 64. City of Miami Beach 65. City of Miami Beach 66. City of Plantation 67. Cobb Theaters (3) 68. Cobb Theaters (enforcement) 69. CocoWalk Mall 70. Conch Train Key West Concorde Prof. Bldg. 71. Coral Gables Financial Center 72. Coral Springs Appliance Center 73. Crook&Crook/Superstar Video 74, Don Carter Bowl Kendall 75. DuPont Building 76. Epicure 77. Farrey's 78. FDOT 79. First National Bank 80. First Union Bank 81. Galloway Prof. Center. 82. Gardens Mall 83. Giller Prof. Bldg. 84. Giller Prof, Bldg. (enforcement) 85. Greater Mia Legal Service 86. Grove Playhouse 87. Highpoint Center. IEshelon 88. Health & Rehab. Services (HRS) 89. Holy Cross Hospital 90. Hope Inc. 91. Imperial Point Hospital 92. K-Mart Shopping Plaza 93. Lincoln Park W. Shopping Plaza 94. Lincoln Park W. Shopping Plaza (enforcement) 95. Lucky Antiques 96. MDCC-N 97. Metro Parking 98. Miami-Dade County 99. Miami-Dade County Schools 100.NationsBank 6 locations 101.N. Broward Medical Ctr. 102.NovaCare Rehabilitation 103.Natural Food Market/Alton 104.Natural Food Market/SOBE 105.0ak Plaza Prof. Center 106.0ffice Depot 107.0rlando Arena 108.0rthopedic Care Center 1 09.Pan American Health Network fi Ic://C: \Dncu mcnts()~)20and%20Sctti ngs\malloch-j i m \L.ocal%20Sctti ngs\T cmporary%20 [n... } 2 '7 '2()()~ Michael Brennan M Page 70f9 11 O.Planet Hollywood Inc 111.Professional Medical Plaza 112.Q-Zar Game Room (closed) 113.Redwood Prof. Bldg 114.Regal Cinema 115.Ripley's Believe It Or Not 116.Riverside Plaza 117.Riviera Cinema 118.Sea Kruz 119.Showplace Prof, Bldg 120.Spec Music 121.Sunrise Musical Theater 122.Sun Trust Bank 123.Sunset Sports Collectables 124.Texaco 5 locations 125.Town of Surfside 126.Village of Mia Shores 127.Warsaw Ballroom 128'world Ford HOTELS SETTLED 129.Airliner Hotel 130.AII Seasons Hotel 131.Airport Hilton 132.Airport Regency 133.Astor Hotel 134.Astor Hotel (enforcement) 135.Avalon Hotel 136.Beachcomber Hotel 137.Beacon Hotel 138.Beekman Hotel 139.Best Western KW 140.Best Western Largo 141. Best Western Surf Vista 142.Best Western Beach Resort 143.Betsy Ross Hotel 144.Betsy Ross (enforcement) 145.Biltmore Hotel 146.Boulevard Hotel 147.Breakwater (dismissed) 148.Budget Inn Motel 149.Buget Inn Cocoa 150.Carlton Hotel 151.Casa Grande Hotel 152.Casa Grande Hotel (enforcement) 153.Cavalier Hotel 154.Chateau Hotel 155.Chateau Hotel (enforcement) 156.Cheeca Lodge 157.Clarion Orlando 158.Clevelander Hotel 159.Colony Hotel 160.Comfort Inn 161.Comfort Inn K'w. 162.Days Inn 163.Days Inn Cocoa 164.Days Inn NMB 165.Days Inn K,W, 166.Delano Hotel 167.Delano (enforcement) 168.Dezerland Hotel 169.Dilido/Quality Inn 170.Doral Hotel 171.Doral Golf Resort &Spa 172.Doral (enforcement) 173.DoubleTree Grand 174.Dunes Hotel 175.Econo Lodge K'w. 176.Eden Roc Hotel fi le:/IC :\D,.c umcnts(~;,20ando/o20Setti ngs\mal loc h-j i m\Localo,,{,20Settings\ Temporary%201 11.., 3/2 7/2003 Michael Brennan M Page 8 of9 177.Eden Roc Hotel (enforcement) 178,Executive Airport Hotel 179.Gables Inn 180.Gallery Hotel 181.Harbor Lights Mlmkr84 182.Holiday Inn La Concha KW 183.Holiday Inn Sarasota (enforcement) 184.Haddon Hall Hotel 185.Hilton/Dania 186.Hilton Hotel KW. 187.Holiday Inn 441 188.Holiday Inn 2 Ave. 189.Holiday Inn Largo 190.Holiday Inn Lejeune 191.Holiday Inn Marathon 192.Holiday Inn Sarasota 193.Holiday Isle Resort, Islmrd 194.HoJ01450 S. Dixie 195.Ho Jo Hotel BB 196.Ho Jo S. Dixie Hwy. 197.Howard Johnson's 36th 198.Howard Jo Alton & 41st 199.Howard Jo 36th Street 200.Howard Jo Marathon 201.lndian Creek Hotel &RR 202.lntercontinental 203.lntemationallnn 204.lslander Motellslamorada 205.La Quinta Orlando 206. Lido Spa 207.Longboat Key Club 208.Lord Balfour Hotel 209.Mayfair House Hotel 210.Mia Int'l Airport Hotel 211.Majestic Hotel 212.Marriott Hotel 213.0cean Terr. Hotel 214.Park Central Hotel 215.Park Central (enforcement) 216.Park Plaza Hotel 217.Peabody Orlando 218.Penguin Hotel 219.Pier House KW 220.Quality Inn KW. 221.Raddison Mart Plaza 222.Raleigh Hotel 223.Ramada Inn Cocoa 224.Ramada Inn KW. 225.Raddison Hotel MB 226.Redroof Inn Orlando 227.Ritz Hotel 228.Ritz Carlton, Naples 229.Rodney Motel 230.Rodney Motel (enforcement) 231.Rooney Hotel 232.Sasson Hotel (Bankrupt) 233.Sea Deck Hotel 234.Shelboure Hotel 235.Sheraton Ft Laud Airport 236.Sheraton Plant 237.Sheraton @ Biscayne Bay 238.Sheraton @ Gateway 239.Sherry Frontenac Hotel 240.Starlite Hotel 241.Starlite Hotel (enforcement) 242.Super 8 Cocoa 243.Surfcomber Hotel file:/ Ie: \Documents%20and~"";)20Settings\rnalloch-j im \Local%20Settings\ T emporary%20In... 3/27/2003 Michael Brennan M 244.Thunderbird Hotel 245.Tropical Reef Motel 246.Vagabond Hotel 247.Waldorf Towers 248.Westin Cypress 249.Winter Haven Hotel 1. 1475 Riviera Professional Building 2. Bascom Palmer Eye Institute 3. Cleveland Clinics Florida 4. Deerfield Mall 5. Hialeah Park Race Track 6. Jackson Memorial Hospital 7. Kendall Medical Center 8. Peppertree Plaza 9. Publix X7 Class Action 10. President Supermarket 11. Warside at Boca 12. Brian's in Paradise, Marathon 13. Burger King Sunny Isles 14. II Piatto Italiano 15. Lums 16. Morton's Steakhouse 17. Tobacco Road 18. Barclay Plaza Hotel 19. Club Atlantic Beach 20. Colony Beach Hotel 21. Days Inn 81 St. 22. Days Inn Orlando 23. Days Inn Melbourne 24, DoubleTree Grand Hotel (enforcement) 25. Embassy Suites Orlando 26. Holiday Inn Orlando 27. Howard Jo Melbourne 28. Howard Jo, Islamorada 29. Howard Jo Largo 30. HoJo Hawaiian Ct. Orlando 31. Ireland Hotel 32. Ocean Palm Hotel 33. Paramount Hotel 34. Parisian Hotel 35. Radisson Coral Springs 36. Ramada Inn Hialeah 37. Registry Hotel, Naples 38. Shore Club Hotel 39. Universal Towers 40. Whitelaw Hotel HOME hFF1DA VIT Page 90f9 Negotiating Miscellaneous Negotiating Restaurants Negotiating Hotels fi Ie:/ Ie: \Doc llments%20and~'02 OSetti ngs\mall ac h -j i m \Lac aI 0;;)2 OSetti ngs\T emparary%2 OJ n... 3/27/2003 r r:...-- ~ AffA~ ~$>" ~ ADA help. Inc.. Specialists in the Americans with Disabilities Act Friday, March 14, 2003 MEMO To: Jim Malloch Fr: BILL NORKUNAS /&~: / Re: Reply to ADA Bid Invitation Michelle Wisniewski sent us an email and asked if this company would be interested in submitting a dollar figure to provide ADA guidance. We would. Attached is my cv. My standard billing rate is $150.00/hr. But I serve as the ADA consultant to the City of Fort Lauderdale, City of Plantation, City of Stu- art, City of Pahokee, to Martin County and to Okeechobee County. To my gov- ernment accounts, I bill at the discounted rate of $106.25/hr. It is this dollar per hour figure I submit to you. ...--:-. .. ...:;-,...-",,~ -,rItf '\.\ ~ \, '\'" ,t. '.1 \,... t ..- .'.~ \'\-., \ - '/'-~;"~' .\.. ~~\ .. \ t I I.. .l--.. .~,._ _".... \ \ ..... ~ . . f ) ,. I L);/1-484-i149 . Fax: 954-484-5539 . w\\w.adahelp.com' E-Mail: billnorkunas@msn.com' 1-888-323-2005 6103 Umbrella Tree Lane' Tamarac, FL 33319 - 1 - WILLIAM NORKUNAS 6103 Umbrella Tree Lane, Tamarac, FL. 33319 (V) 954-484-7149 / (F) 954-484-3539 1-888-323-2005 billnorkunas@adahelp.com www.adahelp.com MR. NORKUNAS' AREA OF SPECIALIZATION IS ON DEFENSE IN ADA TITLE II & TITLE III LAWSUITS; WITH A HEAVY EMPHASIS ON DRAFTING ADA BARRIER IMPLEMENTATION PLANS TO AVOID COSTLY LITIGATION. PROFESSIONAL EXPERIENCE DISABILITIES ISSUES: 1990 - Present - Mr. Norkunas is familiar with all aspects of the Americans with Disabilities Act (the "ADA") and has been involved in ADA compliance projects relating to Hotels, Motels, Restaurants, Theaters, Convention Centers as well as city, county and state government ADA accessibility and compliance studies since 1990. Bill has developed ADA audits for historic landmarks such as The Alamo in San Antonio and the Plymouth Rock Plantation in Massachusetts; he has conducted in excess of 3,000 ADA compliance surveys/audits across the United States, is certified as an expert in two Federal Circuits and has served as an expert in more than 900 Title ill & Title II cases; 1988 to 1990 Research Director. Worked with congressional staffers and committees in developing the framework for the ADA, i.e. the Committee on Education and Labor, the Committee on the Judiciary, the Committee on Public Works and Transportation, and the Committee on Energy and Commerce. 1968-1988 - Employed in the private sector / ffiM Computer sales. CERTIFICATION Certified instructor on Title's I, II & ill of the ADA. Bill's course work is approved by the Florida Bar for CLE credits, and is approved by the Florida Bar Certification Plan for ADA instruction in the areas of Appellate Practice, Civil Trial, and Labor & Employment, and is approved by the Commission on Rehabilitation Counselor Certification for CRC credits; Certified Building Code Accessibility Specialist BOCA - Building Officials and Code Administrators International Building Officials Association of Florida Florida Association of Building Inspectors, Inc. - 2 - EDUCATION University 0 f Wisconsin, College 0 f Engineering - Course major was Renovating a nd Restoring Hi~;oric Buildings per the Americans with Disabilities Act (ADA). Harvard University, Graduate School of Design - Course major was Advanced Elements of the Americans with Disabilities Act (ADA), the Uniform Federal Accessibility Standards (UF AS), and the Fair Housing Accessibility Act (FHAA). Merrimack College - Business Major PROFESSIONAL CONTINUING EDUCA nON State of Florida, Department of Community Affairs, course completion on Florida Accessibility Code for Building Construction Program, course no.: CILB-0001575, continuing education credits, 2002. American Bar Association-American Law Institute / Americans with Disabilities Act Title III Issues for Real Estate, Land Use, and Construction Lawyers, CEU credits in association with the US Department of Justice and the US Architectural and Transportation Barriers Compliance Board - 2001. American Institute of Architects (AIA) completed course work on ADA Accessibility Guidelines, co developed by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), 2000. Universal Accessibility Conference, CEU's on the ADA and FHA by the American Institute of Architects and the US Department of Justice, - 1997. PROFESSIONAL ACHIEVEMENTS Has conducted more than 45 professional education seminars on the ADA throughout the US; Has been the keynote speaker on the ADA to the state of North Carolina, the state of Massachusetts, state of Cali fomi a, state of Texas, state of Ohio, and the state of Pennsylvania Post Polio Associations. Invited with the Department of Justice, Disability Rights Section, to be a featured speaker on Title III of the ADA to the City of Orlando, and to the Greater Orlando Hotel/Motel Association, 1999; ADA Consultant to the State of Florida, Department of Transportation, "Walk Florida Initiative", consultant to the City of Plantation, to the County's of Okeechobee & Martin, Florida; to each of the six hospitals comprising the Orlando Regional Healthcare System, including the Arnold Palmer Children's Hospital; to the largest Burger King franchisee; and to the largest franchisee for Hooters Restaurants; - 3 - ADA Advisor to the City of Fort Lauderdale, City of Stuart and City of Pahokee, FL; to the City of Lowell. Massachusetts; to the Boston Red Sox Triple A New York-Pennsylvania League Team Lowell Spinners; is the ADA Consultant to each of the 48 agencies of the United Way of Broward County; is the ADA Advisor to the Girl Scouts, is the ADA Title I Consultant to the Red Roof Inn Corporation; and serves as an ADA Consultant to the law firm of Skadden, Arps for their Fortune 100 clients. MILESTONE RECOGNITIONS In 1997, appointed by the Governor of Florida to the Human Rights Advocacy Committee. Responsibilities included protection and advocacy for those with mental health disabilities; Serves on the Board of Directors of the March of Dimes, and is a golf coach for Special Olympics; Selected by the US Olympic Committee to carry the Olympic Torch through Ft. Lauderdale in 1996, and then selected by the International Olympic Committee to be a Disability Accessibility Advisor to the Year 2000 Olympic Games in Sidney, Australia; Appointed by U.S. Secretary of the Treasury Robert Rubin in 1998 to the Secretary's Taxpayers Advocacy Panel (TAP) to assist in the Treasury Department's re-organizing of the IRS. Each succeeding Treasury Secretary has reappointed him. Serves as the Vice-Chairman, In December, 2002, after being approved Governor Bush, Bill's company was retained by the Supervisor of Elections in South Florida (Broward County) to survey & make accessible over 700 voter polling locations. FEE SCHEDULE: 1. Witness Compensation: $ 150.00/hour Deposition: $300.00/hour Court Testimony: $300.00/hour 2, Witness Publications: Authored more than two dozen newspaper articles in the past nine years on the ADA and has written on ADA accessibility compliance for Disability Travel Magazines. - 4 - 3. Prior Expert Testimony / Deposition: 96-7006 Alliance for ADA Compliance v. Lauderdale Beach Resort 98-2660 ~;ociation for Disabled Americans v. Beach Plaza 00-10575 Michael Muehe v. Thailand International CotpOration 00-107933 David v. Comsage, d/b/a Howard Johnson's 00-10794 Access 123 v. Sports Depot 00-6874 Shotz v. City of Plantation OUTSTANDING ACCOMPLISHMENTS While testifying as an expert, six additional trials have ended upon completion of his testimony. In mediation, assisted in bringing more than 370 cases to settlement, thus eliminating need for trial(s). Beginning in the year 2,002 Mr. Norkunas has been accepted by both defendants counsel and plaintiffs counsel in more than three dozen ADA suits as the combined (sole) ADA Expert, and has recently been approved by a Federal District Court as the Independent Compliance Monitor in a class action ADA suit involving more than 3,000 locations for ADA compliance. Mr. Norkunas will testify to the requirements for the removal of architectural barriers and communication barriers that are structural in nature in the existing facility; will testify where a requested modification is reasonable / unreasonable in the run of cases; and will testify when a requested modification would / would not fundamentally alter the nature of the public accommodation or public entity.