Tuesday, February 5, 2013

Ellis and Weatherman At Odds Over BlueWare Documents

MELBOURNE, Florida - Brevard County Clerk of the Court Scott Ellis claimed on a radio show Monday that the Economic Development Commission of Florida’s Space Coast knowingly received a post-dated confidentiality agreement related to its association with BlueWare, Inc.
Ellis believes that after a January 10, 2013 visit to the EDC by Clerk staff, a blank confidentiality agreement was provided to BlueWare president Rose Harr, which was subsequently signed and returned with back-dating.  Ellis is embroiled in a battle with the EDC over a file that contains information regarding the EDC’s involvement in luring BlueWare to Melbourne last year.
Lynda Weatherman, president & CEO of the EDC said in response:  “Brevard County Clerk of the Court Scott Ellis is wrong.  His assertion that the non-disclosure agreement between BlueWare and the EDC was backdated was based on the time stamp from when copies of the original 2012 agreement, and a request for an extension, were faxed to EDC offices from England.  In reality, the 2012 non-disclosure agreement was entered into more than a year ago, a fact the EDC would have clarified had Mr. Ellis asked.  It appears the time stamp is what led to Mr. Ellis’ erroneous conclusion.”
The two documents in question can be seen at the end of this article.
Click here for the complete Ellis interview from the WMMB "Bill Mick Live" show:
Ellis noted in the interview that he understands that some documents in the file may contain “business strategy” that is not related to the Clerk’s office and could remain confidential. However, he also said that any information in the file that ties incentives to milestones should be open to the public.
He added he is considering legal action to see the BlueWare file at the EDC.
BlueWare has a controversial contract with the Clerk’s office to digitize court records.  Ellis has claimed in the past that the $8.7 million contract is a “sham.”
District 3 County Commissioner Trudi Infantini said, “The BlueWare transaction has been questioned by Scott Ellis for well over a year.  In spite of all his efforts to prevent this transaction from taking place it still went through.  People in a position of authority have violated the public trust and withheld public records from Mr. Ellis.  And even now that Scott has been elected back to Clerk of Courts he is still being stonewalled and records are being withheld.”
Previous Clerk Mitch Needelman, who Ellis defeated in a primary in August 2012, paid the BlueWare contract in full before leaving office by obtaining a loan from Hewlett Packard Financial Services.  Ellis has said that this $6.1 million loan is illegal and that the Clerk’s office will not pay HP.
Following is a timeline of events related to Ellis and his communications with the EDC as well as communications with the EDC and Brevard Times.
1/10/2013 – Bart Carmichael of the Clerk’s office visit the EDC and request to see the “BlueWare file.”  Ellis says they are told that the file cannot be released as it is subject to a confidentiality agreement, which sunsets on January 31, 2013.
1/11/2013 – The EDC receives two documents by FAX from BlueWare owner Rose Harr.   One is a confidentiality request form signed by Harr and dated “January 31, 2012.”  The second is a letter requesting a 12-month extension to the original confidentiality agreement. While there is no address associated with BlueWare on these documents, the FAX originated at “Grand Hotel Eastbourne.”  This hotel is in East Sussex, England.
1/17/2013 – Carmichael formally requests the EDC/BlueWare “file” by email.
1/24/2013 – A legal opinion is provided to Ellis that says the documents in the BlueWare file are confidential.
1/24/2013 – When asked by Brevard Times whether they know that Harr lives in England, the EDC says they “we have no knowledge of the president’s private living arrangements”
2/1/2013 – Ellis and Carmichael return to the EDC to request the BlueWare file as the original 12-month non-disclosure agreement ended on January 31. The EDC informed Ellis that the file was under a 12-month confidentiality extension and then presented with the two documents that had been faxed from England.
BlueWare representatives and the remaining county commissioners did not respond to email requests for comment.






19 comments:

  1. OK Linda explain why a time stamp appears on the document of 2013 for a document signed in 2012. You indicate that his claim is based on this - yes that is true and we would like an answer now on why that is so.

    Do not delay and try to come up with a story to explain this - answer the question I am sure your answer is not protected under confidentiality laws.

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  2. We should have a contest and see who can come up with the best excuses that Linda can use.

    Let me start -

    1 - We found it was easier to call Rose in the UK and ask her to send her copy of the signed confidentiality agreement rather than going to our own filing cabinet and getting a copy.

    2 - Every time I travel abroad the three things I carry are my passport, medications I use, and my EDC confidentiality agreement with Brevard County EDC.

    3 - Funny you should ask, I know I said I do not know where Rose is located these days but I was talking to her and she said I was cleaning out some old files and I found these documents in my suitcase and thought you may need them.

    4 - Some people carry business documents with them when they move to a new country and some people even carry them when they are vacationing at a fancy hotel - ok let me see, sun tan lotion, a good book to read and I can't forget my EDC confidentiality agreement - OK I am packed time to go.

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  3. This is so whole line of articles are so unbelievably full of sh*t it's unbelievable.

    The quality of BrevardTimes.com news reporting is incredibly poor as this article is just full of point-blank lies.

    I suggest you perform a better un-biased investigation before you guys get yourself in a hefty law suit that you won't be able to pull yourselves out of.

    Disgusting.

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    Replies
    1. Quotes from both sides, attempted quotes from others, documents to view by readers. Where is the bias?

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    2. Charles don't get upset. You are getting too close for comfort so they use strategy 101 - attack the messenger. I know you have a lot more speculation you can print but do not do it until you have confirmed the facts. They are just getting nervous.

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    3. The negative comment was probably written by someone from Blueware. Right Kaitlin?

      Keep up the Great Reporting. This scam needs to be completely exposed and the guilty sent to jail.

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    4. Impossible - she was making sure someone buttoned their shirt correctly, combed their hair and took the laundry tag off the shirt - can't be her.

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    5. Rose's son David still has not learned to take care of himself I see.

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  4. If Blueware is an imaging company then shouldn't they have this kind of stuff accessible without having to send faxes from around the world?

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  5. Here is what I don't understand -

    October 17, 2012 press release from Blueware Kaitlin Welliver - Rose's daughter and protege of the leader - here is the part of the press release justifying the recent contract -

    Before the end of the year, BlueGEM will have scanned 1.5 million documents of the county’s court records and have made them accessible online, allocating more time and resources of the tax payers’ dollars to more pressing matters than the quality of paper storage that is no longer required.

    Ellis told us yesterday they have only scanned a few thousand by December 31. So why is no one holding them accountable, why are they not explaining the reason, if you hire someone for a job and they do not do it do you ignore it or do you pay them - well the county pays them and ignores it.

    Someone needs to explain to me where are my tax dollars and why was the work not done. This has gone far enough! It is time that someone from Blueware answers the questions or give us our money back and pack up and get out of town.

    Don't ask me which one I prefer.

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  6. 10:58 Anonymous - I am interested in knowing which part are lies -

    1 - the document was not sent from England the day after Ellis requested it - it appears there is a time stamp on there to prove he is correct

    2 - only 8,000 documents were scanned when Blueware stated in their own press release http://www.blueware.us/news they would have 1.5 million - the link is there follow it

    3 - Rose wrote the contract herself and it was signed when everyone denied that was done. Ellis has sent emails proving that was true.

    4 - Legal counsel did not lie that no one knew about it when the court hearing was played back and Ellis shoed documents showing he was right.

    5 - Matt DuPree had a relation with Needleman and negotiated the deal and then went to work for Blueware that he created the deal for. He corresponds now as the VP of BlueGem.

    6 - Rose got prepaid for a contract that she wrote with no consequences for if she did not deliver. I am pretty sure we all knew she got the money before any real work was done.

    7 - Rose got incentives to move her company to Melbourne and create new job opportunities and invest in the community. How many of the 192 jobs have been filled with $69,000 salaries, why does the woman move her and her family to the UK if she is the sole owner and is supposed to be developing business for Melbourne, FL. Why does she buy a house in the UK and still no purchases in Melbourne - minus the building the state paid for.

    Instead of claiming bad reporting and lies why don't you check the facts.

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  7. Can someone please explain to me why the State Attorney General's office has not moved on this sham contract? Rose Harr and her accomplices should all be in jail.

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    1. And there my friend lies the mystery we all want to know. I know in the past things like this are not investigated for many reasons but two that may be apparent here - too many local officials are involved and it could get messy or there was a big media push for the governor and creating publicity for getting 70,000 new jobs for Florida. He supported this effort and now it is an embarrassment.

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  8. Typical - these grievances and concerns get posted by tax payers and Linda and Rose's defense is to say nothing. So pathetic how corrupt these people are.

    Wait Bluewhatever is on a big hiring spree job postings everywhere - I pity the fool who takes one of those jobs. She pays too low and it won't be very long working.

    My favorite part - you will become a member of the President's Executive Team - that must be a very exclusive club because the members change every three months.

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  9. Here is one for you that you will love - she has this advisory board that is comprised of industry leaders that she put together since she has moved to Florida. They meet every other month. So many people have quit because they do not want to be assoicated with her that she has never had two meetings with the same attendees.

    She promises them all these phantom stock the only thing I do not realize it is a phantom company.

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  10. Here is a telling stat on how bad things have gotten at Blueware.

    HIMSS is THE IT conference of the year. Rose has always spent $50K plus each year to be a vendor at this event. They are not vending at this year's conference in New Orleans in couple of weeks.

    Guess she figures she fleeced Brevard County for $6M and has no need to continue to sell her Vaporware software. As stated above...good luck all you job hunters. Trust me, your current job or unemployment is better than working for Rose.

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  11. Wow! This is amazing! I only learned of BlueWare after finding out that my ex-wife has recently (January) hired on with them. I looked at her offer letter and at a glance it seemed to be a reputable company. The salary and benefits sounded inviting also. There was a pretty interesting statement concerning benefits however. It stated that the employee would have to wait 90 days to receive benefits. That doesn't sound like anything that I'm use to. Last but not least, they made sure to state that they are an employment-at-will company, meaning that they wouldn't have to give a reason to let employees go: Verbatim..


    Benefits– all available upon success completion of the 90-day probationary period
    • Health, dental & vision benefits available
    • Life Insurance – you are eligible for life/AD&D insurance of $10,000
    • Paid Time Off – 12 days per annum accrued monthly after 90 days consecutive full-time employment
    • Paid Holidays – 7 pre-determined annual paid holidays, plus 3 floating holidays

    Your performance will be evaluated after completion of 90-day probationary period.

    BlueWare, Inc (including its affiliated companies) is an employment-at-will organization. Either BlueWare, Inc or you can terminate the employment relationship at any time, with or without cause, and with or without notice.

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    Replies
    1. There are two milestones in the life of a Blueware employee. The first is when you have been there 6 months and are eligible for unemployment. The second, and perhaps the greatest milestone, is the day you quit, get "laid off", or fired. Just getting away from the toxic environment is better than any paycheck.

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  12. Oh, what a tangled web we weave. The reason nothing has been done is because all these so called facts are false!

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