The URL can be used to link to this page

Backup Documents 05/24/2016 Item #10B Add On Item 10B May 24, 2016 . EXECUTIVE SUMMARY To direct the County Attorney to file a motion to intervene and a motion for rehearing in the case of Liberty Concrete v.BQ Concrete and Dwight Brock, Clerk of Courts as Garnishee (15-CA-1603) by the May 25, 2016 deadline for the reasons listed under the attached considerations, upon granting of the rehearing to file a motion to vacate the Judgment,and to direct the Clerk to recover the County funds wrongly paid by him to Liberty Concrete in the above action. OBJECTIVE: To direct the County Attorney to file a motion to intervene and a motion for rehearing in the case of Liberty Concrete v. BQ Concrete and Dwight Brock, Clerk of Courts as Garnishee (15-CA-1603) by the May 25, 2016 deadline for the reasons listed under the attached considerations, upon granting of the rehearing to file a motion to vacate the judgment, and to direct the Clerk to recover the County funds wrongly paid by him to Liberty Concrete in the above action. CONSIDERATIONS: BQ Concrete ("BQ") billed the County for the construction of 8 concrete bins and was paid in full by the Clerk of Courts ("Clerk"). Liberty Concrete("Liberty"), BQ's subcontractor, claimed that it had not been paid in full by BQ for the work it performed. Liberty sued BQ for its unpaid balance, and sought to garnish the amount owed through a writ of garnishment levied against the Clerk. Subsequent to the hearing held on March 31, 2016, the court on April 20, 2016 first issued an order and on May 10, 2016 issued an amended order for entry of judgment against the Clerk as garnishee for the amount claimed by Liberty. The Clerk disbursed county funds to Liberty without BOCC approval on May 12, 2016. Liberty filed a satisfaction of judgment. The judgment against the Clerk should be vacated for the reasons stated below: 1. Liberty Concrete filed a Writ of Garnishment against the Clerk of Courts, naming the Clerk as garnishee with respect to $44,788 in County funds which it described as BQ Concrete property. The Clerk filed an answer stating the BOCC had an ownership interest in these funds. Based on this disclosure, Liberty had a duty to file a Writ of Garnishment against the BOCC on behalf of Collier County. (See 77.15 F.S.) Liberty failed to do so. As such, the BOCC had no notice of the garnishment action against the County's funds. In addition, the Clerk failed to inform the BOCC of the garnishment action. The BOCC is an indispensible party since it owns the property in question in the name of the County. Further, only the BOCC can sue or be sued in the name of the County(See 125.15, 125.01(1)(b)F.S.) 2. Because the BOCC is an indispensible party to Liberty's garnishment action, the presiding judge has an obligation to recuse himself. There is a standing order that provides the presiding judge shall not be involved with-any-matter involving Collier County. As such,this matter needs to be reassigned to a new judge. 3. The Clerk of Courts, when served with Liberty Concrete's Writ of Garnishment, had a duty to defend against the garnishment by filing a motion to dissolve the writ. (See 77.07 F.S.) The Clerk had a duty to defend since the Clerk knew that: A. The outstanding, unpaid BQ invoices submitted to the County are contingent liabilities owed by the County to BQ pending the outcome of the ongoing FDLE Add On Item 10B May 24, 2016 investigation of BQ Concrete. These invoices do not constitute BQ property in the County's control. B. The Clerk's own internal audit report to the BOCC on April 12, 2016 alleged that the County had been defrauded by BQ, that BQ had padded its invoices and overbilled the County. Notwithstanding having pre-audited these invoices, the Clerk paid BQ's supposeqlly padded invoices. Given the internal audit findings, the Clerk then concluded that BQ owed the County for these overpayments, including treble damages. The overpayment of County funds to BQ results in a contingent County receivable as an offset to the contingent BQ liability described in(A) above. C. The Liberty invoice submitted as evidence in the garnishment hearing was clearly overstated, charging for 10 instead of 8 bins. The Clerk had possession of the same Liberty invoice for months prior to the garnishment hearing. As such, the amount Liberty was seeking to garnish was overstated. As a result of the Clerk knowing these facts, the Clerk had a duty to defend against the garnishment by asserting that the BOCC did not have control of BQ property, that the amount sought to be garnished was inflated, and that the BOCC was an indispensable party in the suit. In the interest of candor, the Clerk might have also considered informing the court that Buddy Quarles, BQ's registered agent and principal, was deceased and for that reason Mrd. Quarles failed to appear at the hearing. The Clerk did not do so. 4. The Clerk of Courts filed a Payables report on May 10, 2016 as part of the BOCC's agenda. The Payables report's vendor list (dated P/E 5/4/2016) included 5 invoices payable to Buddy Quarles, totaling $51,993.46 Importantly, neither the Payables report, nor the Disbursement report lists Liberty Concrete, nor Liberty's attorneys as vendors to be paid by the County. Further, the BOCC did not knowingly approve payment to any of the vendors listed(including Buddy Quarles) on the Payables report. Notwithstanding that the BOCC did not authorize payment to Liberty Concrete, that the FDLE investigation is ongoing,that the Clerk alleged that BQ committed fraud by overbilling the County and owed the County funds including treble damages, the Clerk nonetheless paid Liberty $44,961 (which included Liberty's legal fees and costs). The Clerk paid Liberty as if there was no pending criminal investigation; as if the Clerk's allegations of overbilling did not exist. The Clerk modified BQ's subsequent invoices, relabeling them as credit memos in an attempt to provide justification for the improper payment the Clerk tendered to Liberty. The Clerk cannot authorize payment of County funds unilaterally without BOCC pre-approval. The authority to authorize spending of County funds, a discretionary decision, is reserved to the BOCC per Florida statute. (See 125.01(r) F.S.) The Clerk usurped the BOCC's authority by spending County funds on Liberty Concrete without the BOCC knowingly pre-approving, as also required by the County's Purchasing ordinance. The BOCC has a duty to recover the County funds improperly paid to Liberty by the Clerk and direct the Clerk to do so on the BOCC's behalf. Until the conclusion of the pending FDLE investigation, the BOCC will not know to what extent the County has or has not been defrauded. It is recommended that the BOCC direct the County Attorney file a Motion for Rehearing in the Liberty garnishment case and seek to vacate the judgment. In the absence of vacating the judgment and recovering the $44,961 wrongly paid by the Clerk to Liberty, the County will have overpaid and also paid twice for work performed since BQ was already paid in full for the project and Liberty's invoice (as submitted to the court) is overstated. It should be noted that the Clerk's Internal Audit Manager acted as the Clerk's attorney in the garnishment action and failed to defend against the garnishment when he knew or should have known that Liberty's invoice was overstated and that BQ's allegedly overstated invoices could result in BQ owing the tom~ Add On Item 10B May 24, 2016 County rather than the County owing BQ, p endin the outcome of the ongoing FDLE investigation. g Whether, his duty to audit BQ and Liberty creates a conflict in the Internal Audit manager's role as counsel for the Clerk is a question worth addressing, and, whether the Clerk or others in his office may have a relationship with Liberty Concrete should also be addressed to ensure there are no other potential conflicts of interest as between the Clerk's office,the BOCC,BQ and Liberty. Lastly, at the April 12, 2016 and the May 10, 2016 BOCC meetings, the Clerk failed to inform the BOCC of the garnishment action against him. The Clerk had a duty to disclose, and his failure to be forthcoming e to the Board is of concern since it compromised the wouldnotbebefore Board's take action the Board atl the c's11th s interest. Had the Clerk timely notified the BOCC, this matter hour givenjuncture is necessary to protect theMay25, 2016 deadline for rehearing. Intervening at this the County's property. of FISCAL IMPACT: Recovery of $44,788 improperly paid without authorization and without proof for the legality of the expenditure by the Clerk of Courts to Liberty Concrete, toavoid double payment services rendered to the County and payment of what is possibly an illegal expenditure. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. a RECOIVIMENDATION: To direct the County Attorney to to andd Dwight Brock, Clerk oe a motion to intervene anf Courts motion for rehearing in the case of Liberty Concrete v. BQ s Garnishee (15-CA-1603) by the May 25, 2016 deadline for the reasons listed under the attached considerations, upon granting of the rehearing to file a motion to vacate the judgment, and to direct the Clerk to recover the County funds wrongly paid by him to Liberty Concrete in the above action. / PREPARED BY: Date: I i 108 • IP/ 1-, \ , , 1 , , [ , ( „.„ ;,„ 4,,,,,,, ,, ,...,,,, ,, ,,..., .,,,,,,,,,,.,,,„, ) ,i *f..;,.. .7'.. e, ...'',, ,,!: . ''''4 ,. ,,,,,.,4,,A.tt,„ , -,,,,. , ,,,, .0,-,:, . '--) -,,,, :,. ti -,.., ,-.-„; .‘. k • .i,:. .” , r ,,,.,, 4,. ..ir -t. , ._. .4 ..., .. ..,...,... _:‘, i ,,., 4. , 3; :,z.. 4, .4. ) ',:.1, ,:: •. :.,,, 4. , .. „ ,. r 7i: r'. '7"i , ... ;,`.. 1'p'.., :Y. lit . , , ,7, ;!.., il ,i:;.• '. -11.-„r -,,::: 4„,,,,1,,,,, :',,;::: .:',±, ,'- 4.- 0 -4„,t,,,, ei ''.:4,,:,„,,,,, i'0 '.,'" ' —- - ,1,!..,,t,„4-,.:, 1,—,4,:.,s4' - i ,..4, , :#1, ,:: _.17,. q.. ,,q, ''',' 3 ,:i. ''''.,). l'' 9 .,..c, i: 4 ',E. , .. . 1,.... ,i l'in .---, ....,, 1 ' 1 1 IN THE CIRCUIT COURT OFT'HE TWEITTIETI-1 JUDICIAL ciRcurr IN AND FOR COWER COUNTY, STATE OF FLODA . CIVIL ACTION • LIBERrY CONCRETE&MASONRY,INC., A Florida Corporation, 4 ' Plai-ntiff, v. Case No.: 15-CA-1603 • B.Q. CONCRETE, L.L.C., A Florida Limited Liabili-ty Company, Defendant, =) I- and DWIGHT E. BROCK, as Clerk of the ' _ C - ircuit Court and Comptroller of , --, _ -., , - - • • - Collier Coun-ty, Florida, 1 Garnishee. ; FINAL JUDGMENT OF GARNISHMENT THIS CAUSE having come before the Court on March 31, 2016,at a duly noticed hearing, and the Court having considered the argument of Counsel, and being fully advised in the premises,it is hereby ORDERED AT-TD ADJUDGED: 1. Pursuant to a contract between the political subdivision of Collier County, Florida(hereinafter "County") and Defendant B.Q. CONCRETE,LLC(hereinafter"BQ''), • the Garnishee, DWIGHT E. BROCK, as Clerk of the Circuit Court and Comptroller of Collier County,Florida, 3299 Tamiami Trail East, Ste.402,Naples,FL 34112(hereinafter __ "Clerk7),has received invoices from BQ-totaling in--exc,ess of$220,000.po-. 2. The Clerk has sequestered sufficient County funds to pay the invoices from BQ (hereinafter. "Invoices"), and the Clerk, in c,onjunction with the Board of County Commissioners (herei natter "BOCC"), is in the process of investigating the Invoices to P_agel of 3 j I • determine whether all or part of them are due and payable. Dual aPP roval of the Invoices by both the Clerk and 3. In the absence of fos � none of which have occurred,the Board of County Commissioners (hereinafter BOCC ), Clerk is not authorized to make any payments to BQ at this time. 4. The Clerk shall exercise all reasonable diligence in completing its investigation of the Invoices, and if it determines payment is due, it shall exercise the same diligence facilitating authorization for payment from the BOCC. 5- If at any time hereafter the BOCC a of the Clerk formally approve any 4 the Invoices, , the Court finds that for purposes of this Plaintiffs Writ of Garnishment only, the County's obligation to pay BQ relates back to the date the Plaintiff's Writ of Garnishment was served on the Clerk,and before paying BQ, or any other creditor of BQ, the Clerk shall pay to the Plaintiff, LIBERTY CONCRETE & MASONRY, INC., Y� the sum of $42 o , pros costs of 8t.o� 6775 Old Banyan Way, Naples, Florida 34 9� - fees of $7 8,, oo•oo, and interest of 8_ bo•`_6 (wit a per diem of attorney's ` - for a total of$44,96L25,said amounts heretofore withheld pursuant to the 55.48/d a y)� Writ of Garnishment and set aside pursuant to Garnishee's.Answer. . 6. Plaintiff shall furnish, Dwight E. Brock, Clerk of the Circuit Court and Comptroller of Collier County with a Satisfaction of Judgffient in Garnishment when the Judgnent,including all costs and interest,is paid in full; and L.L.C.A. with-a Satisfaction of Judgment when B.Q.._Concrete; --- ---- - - -- — _Judgment,-including all-costs and B. The Court with copies of the Satisfactions,if any FOR WHICH LET EXECUTION ISSUE FORTHWITH. page 2 of 3 r DONE and ORDERED in chambers, at Naples, Collier County, Florida on this 0 day of April 2016. t 3 w� L y a HONE_ A HUG I. V1 YES CIRCUIT COURT JUDGE Copies to: Anthony M. Lawhon,Esq. James D. Molenaar,Esq. B.Q. Concrete, L.L.C., 6017 Pine Ridge Road, #329,Naples, FL 34109e/til 4 _Page 3 of 1 i �� . • • °W k YJ it TJ . x ki 'IS '{ I J Vii. ,Z. i. 4 t IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT STAlE OF FLORIDA_ : I IN AND FOR COWER COUNTY, CIVIL ACTION LIBERTY CONCRETE &MASONRY,INC., fel A Florida Corporation, Plaintiff, Case No.: 15-CA-i603 v B.Q. CONCRETE, L_L.C:, A Florida Limited Liability Company Defendant, and DWIGHT E. BROCK, as Clerk of the Circuit Court and Comptroller of Collier County, Florida, Garnishee. E AMENDED FINAL JUDGMENT OF GARNISHMENT AGREEDnoticed THIS CAUSE having come before the Court on March 31, 2016, at a duly ent of course], and being fully hearing, and the Court having considered the argum - advised in the premises,itis hereby ORDERED AND ADJUDGED: 1. Pursuant to a.contact between the political subdivision of Collier County, Florida (hereinafter "Conn " and Defendant B.Q. CONCRETE, LLC (hereinafter"BO"), tY ) 'roller of ee DWIGHT E. BROCK, as Clerk of the Circuit Court and Comp the Garnvsh� , Naples,FL 34112 (hereinafter Tamiami Trail East,Ste. 402, p Florida, 3299 -._ —.: Collier County, -- -- -- --- _ — totaling-in excess oaf$220,000.00- "Clerk");has received invoices from-BQ _- — ��zo pay the invoices from 2. The Clerk has sequestered sufficient County after "Invoices"), and the Clerk, in conjunction with the Board of County: BQ (herein ereinafter "BOCC"), is in the process:of investigating the Invoices to Commissioners � - . . Page I off_ .. FiLIIai, '.1 ,':1(.b .$ determine whether all or part of them are due and payable 3. In the absence of formal approval of the Invoices by both the Clerk and Board of County Com issioners (hereinafter"BOCC"),none of which have occurred,the . I Clerk is not authorized to make any payments to BQ at this time. 4. The Clerk shall exercise all reasonable diligence in completing its investigation of the Invoices, and if it determines payment is due, it shall exercise the same diligence facilitating authorization for payment from the BOCC. 5. If at any time hereafter the BOCC and the Clerk formally approve any of the Invoices, , the Court finds that for purposes of this Plaintiffs Writ of Garnishment only, the County's obligation to pay BQ relates back to the date the Plaintiffs Writ of Garnishment was served on'the Clerk,and before paying BQ, or any other creditor of BQ, the Clerk shall pay to the Plaintiff, LIBERTY CONCRE'l'B &MASONRY, INC., 6775 Old Banyan Way, Naples, Florida 34109, the sum of $42,081.09, plus costs of 521q.8o, attorney's fees of $1,800.00, and interest of S86o.36 (with a per diem of 55.48/day),for a total of$44;9$1.25,said amounts heretofore withheld pursuant to the Writ of Garnishment and set aside pursuant to Garnishee's Answer, and which shall continue to bear interest at the statutory rate until paid. 6, Plaintiff shall furnish, Dwight E. Brock, Clerk of the Circuit Court and Comptroller of Collier Cornu with a Satisfaction of Judgment in Garnishment when the Judgment, including all costs and interest, is paid in full; and -- _ == A. — $ Q. Concrete, h:L C. with a=Satisfaction ofJudgment.when_he - - Judgment, including all costs and interest,is paid in full; an B. The Court with copies of the Satisfactions,if any: FOR WI-ICH LFT EXECUTION ISSUE FORTHWITH Page 2of3 DONE, a-id ORDERED in chambers, at Naples, Collier County, Floridaon this /0 clay of May, 2016. ria HONP" : a HUG r v S CIR - COURT JUDGE Copies to: Anthony M. Lawhon, Esq. James D. Molenaar, Esq. • B.Q. Concrete,L.L.C., 6017 Pine Ridge Road, #329,Naples,FL 34109 p e3 of3 IcflJ II I •4 EE:II the { fr; } 3t$III L, .. 'I:dei_; ! A ' d .., ?� t! .1! .ap I, *. h, S 4 o .tom" , Filed 5/f'3/2016 2:41 PM IN THE CIRCUIT COURT OF THE TWENTIE'T'H JUDICIAL CIRCUIT 4. IN AND FOR COT,T;IER COUNTY, STATE OF FLORIDA CIVIL ACTION i ON LIBERTY CONCRETE &MASONRY,INC., A Florida Corporations Plaintiff;` vi. Case No.: 15-CA-1603 B.Q. CONCRETE, L.L.C., INSTR 5265545 OR 5272 PG 3631 A Florida Limited Liability Company, RECORDED 5/13/2016224 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Defendant, COLLIER COUNTY FLORIDA { REC$18.50 and -. .— — — — — — — — DWIGHT E. BROCK, as Clerk of the Circuit Court and Comptroller of Collier Country, Florida, Garnishee. SATISFACTION OF SITDGIMNT OF GARNISEBEENT Plaintiff LIBERTY CONCRETE & MASONRY, INC., by and through Plaintiffs attorney of record, owner and holder of an Amended Final Judgnent of Garnishment, entered in the above-captioned civil action against DWIGHT E. BROCK, as Clerk of the Circuit.Court, entered May 10, 2016, acknowledges that all sums due under it have been fully paid and that Amended Final Jude gent is hereby canceled and satisfies :.f record. DATED on May 12,2016. ilLs Jeff t: , Lein, Esq. - Florida Bar No:626554 ANTHONY M. LAWFION, R.A. i . , iber° = ------ - = = ---, ,Attorneys— ®a' iar�atp '- -L Concrete&Masonry,Inc. 5625 Strand Boulevard, Suite 512 - Naples,Florida 34110 Telephone: 239.325.8956 Facsimile: 239.236.33 00 ieffbluesteinplawhonlaw us STATE OF FLORA ; COUNTY OF COLLIER • by\SC'`_i D AND SWORN TO BEFORE I� on { ici( � 1. t�o�kF�r' �► _ .- Notary Public, Si. e of lorid. CATHY L.RAY _ Commission#FF 957022 - Expires February 14,2020 "1,871' Soncbd T ru'Dreg Fan trrourar.a 9- ��. (Print, Type, or Stomp Commissioned Name of Notary Public) . Personally Known OR Produced 1denti-5 cation Type of Identification Produced • • • i n -k--, , , ---..,,,-13sit..„---..:s • - : .. whorl � , - �®nstr'�cti�n Law ' . �� •Civil Litigation 1 �� eels Copyright Law �.,� �.� SPP May 6, 2016 • Honorable Hugh D. Hayes Collier County Government Complex 3315.T�imiami Trail East, Suite 403 Naples, FL 34112 : Re: Lite,• .- Concre$e&Masona v.B.*. Concrete LLC Case No.: 15-CA-16O3 I Dear Judge Hayes: Enclosed lease find Agreed Amended Final Judgment hon arms. proved the regarding the.above-captioned matter. The Clerk of Cortas p where Order today by telephone and the only change is at the end of Paragraph nty Sre of ere it provides for statutory interest to continue accruing your Honor's Garnishment Judgment. Therefore, should .same nmeet,e e Pei ive'parties. approval,kindly execute the Judgment and fo Thank you for your time and consideration in this matter: Sincerely, ANTHONY M. LAWHON; P.A. 1 J 1.. m D. _ p Je : If j F e • 1 t '• °w 4 r , 5 , i1 0 B I April 12, 2016 , Understanding is in ds what my . MR �1�1�J these people work for me whether name is said that I think los going back is that orQ s. And the other gentleman, s they're 1099 or laborer � Saidl don't work for them, • B th y Summers? So we said toQ independent d is it Billy And that was the dispute. ent contractor. that they work for you. depend for you, sign an affidavit saying , \ work records and check 1099's or the Becauseif tgo into their personalI have 9's or we don't ht an affidavit in and said, what they d®. .Andhe brought ct and he signed that. So -hat was aesolution on that work per the contract, -- COMMISSIONER, So what's the do the SITE didn't CO a BQ for it because theysaying articular invoice`? We cant pay eats and submitted it to the counConcrete? p falsified documents . work. They. what's the resolution for Liber--y the County that they did do work. So A. Sir I'm not going to j p the vendor �. CAS��GUID If the Prime contractor Attorney, but I think it would be cour=. says, I did the work -- TSG: Right. e the y S STONER I you have CO GUIDA. -- I'm the one who J AN � someone who worked �. CASA et s and I signed that affidavit and yet someone did.the contract with minute, I m a subcontractor,eath them says, wait a mu�- ern � eofthefourcornersofthecoun�• and t outside goods an yvorl�, that becomes a filth, t not. ours. We received the g That becomes a private fight, tis that the right thing? service. � G: But. COMMISSIONER HE Wait a minute. Isn't Liber:' your S SIQNER.FILLER COIv ht who are bends with e -- you or-Dw g - stat; is it --_— — -- __ -- r 1 C --- — _- friends with the owners of Llbertyot done yet. ou I m n Are y G' No,COMMISSIONER H�h(NI� . � - • er,' hat's really r COI ow, Commissioner Hill. until �S• ��L; You k�n � never laid eyes on Bobby Ta-urn. or -- I've � • that that rum interesting page 192 I en rp, p • 1 April 12, 2016 sled the complaint about BQ COMMISSIONER Concrete not paY�-g __ se fHILLER. Nobody's Mends? . MS. ZEL: No, males' accusations on the record are ds of ac c And to make those kin �. % C easonable, so to Commissioner -lanai- -g`s u�r . I - FI,�LA: Lets get back cuestioning, please. 7hat,s the resolution on that? CO��iISSIOI�E� h`��G C A , FIALA: One thing at a time. CLERK- OF COURTS BROCK: Commissioner, loo K. at -- SSIONER HENNING: Let me ask -- COMMI CONNIIS STONER HILLER: I believe Libery sued -- COMYaSSI OILIER HENNING: -- Jeff Klatzkow^ C • • FIALA: Wait just a minute: Let's COMMISS1O1\-ER HILLER: -- BQ. o Comms dour C FIALA: Ma'am, lets listen t Henning, please. rued BQ S SIONER HILLER: Liberty COMMI ssxoner Hence-g. R.IvIAN FIALA-: We'll hear d-om Con n�-� �IIAI COMIESSIONER HEC7; Jef-_-? withheld payment mom BQ so that MR. KLATZKOW: If we had _ work and Libery comes in and says the county d�dn t pay for the the falx thing i es who did the work,'ultimately I listen, were the on want to run it through- a court just to you'd probably would be then Y as taken care. The ultimate result wool d make sure.t:�ls en Vire � pute w ---- _ .. .did the work._- - - --- --- --- - -- ® w�have should bepard paid-if - -- —_ -_. - __ —be Lib rty� Well,_yea th _-- - - --— - --�-- -�- S SIOI�TEl HE_ G' =h, a udin COMM d�f:erent agencies on deka o�n on by _-- - �vest�gat�ons g g government that needs to be setrled =irst Would that be the correct order? R KLATZI0You've goto separate issues. The work 1V1- Page=l93 April 12, 2016 was doneokay. So lets say tile value of the work was $25,000. BQ , invoices us for 100 000, okay. We have a separate issue with BQ as goes but ultimately the work got done. as the fraudgoes, and far nameboth But ultimately I would bring suit, I would BQ Liberty and knowlet the court decide whether or not Liberty , you should get paid and then be done with it. anybody =nave any COSSIONER HEhG: Well, does any y objections of doing that? COMMISSIONER HILLER: Yes. Can I speak? IONER HEFTING: Besides Commissioner Hiller, r, COM1vIISS � does anybody have any objections to getting Liberty pard?has already filed suit. COMNIISSIO ER HILLER: Yes, Libery As I understand Lib _ filed suit against BQ and has a judgment against BQ. , er`y d I'm not -- and Liberyy also hasn't provided evidence that .hey did do the work. In fact, I tarok that was one of the p issues, theydidn't roduce time cards, evidence of payment. T.aer&_ no a- a t sere is -- other than zieir claim that they have done it, we r g situation_where tIaere's no proof. r Sze issue is whether we paid MR. KLATZKOW: Commissioner BQ or not. I don't know if we paid BQ. Q you pay COMMISSIONER HILLER. Did BQ? paid BQ. CLERK OF COURTS BROCK: Yes, w othee discussion. MR.. IILATZKO W: Well, that's the end COMMZ SSIONER HILLER: That's the end. MR. KLATZKOW: Because then Liberty's -- _ (� �'ea1,-but what about Coastal?__— COIvISSIGNER HIE - -- id_B _ -. et-paid-for-S25;000?-Tliey-did:_-- - - ativel ----=-. I� Qg -- ods head affirm y ------------ --- ---= -CLERK QF COUNTS BOCK. (� to o ager BQ to COIe!IMLSSIONER Cr: So wedhave o g recoup hat money. Okay And that's tae mapro er p payment . COS�IOI�ER BILLER: _ - Page 19.4 Apnl 12, 201 b twat the Clem made. t • • • • • • • • • • • • • • • I I ,I ..� t f l�?�%YtyF x t'.. ti F S t '. tt .h `k C t ti k i ';'41,,,C". , l r- 4=; 11 r.1 4 0 , . 4.4 , 1 check Information - - , l?sg1 _ _ [ �Ln znt document ..r'ccompan',(ng docs P . .�Chick reap(ent_ Check issuer... ', in p-;rment documento._ -------' v code _pnnl __— cn _ _� Pa<<Ing COmp, Bankdetcils HouszBn - B ankKn-r 632= = _ -- _ — =k -- 6 nk Account -- 1 5 i I • r,CCDUnt_ .1.._/-:' — •FIRST FLORIDA I1.ITEGRITY Brd-1K 1 B nk name —_-- - Check information tsD =63 1CurrenCv _ 1 Check number _ — ----- -, , a -- —— t-,mount,r-_,;,..i-..,..,201 ,1 Pa;mint date — ,=_I -- --- — _ n 00 __- -- ----_____—_—___,,--- Check — -- C-ch discount_amoun�_ k encshmznt ----- _----- Chzck recipient I LIBERTY CONCRETE&MASONRY,BIC, —i !lame — ------ --- — 1dP P LES --- Com, ----=— pa; ee s countr,: — Rzalonal code ---- Jt 1. 1 1 Ii r '-'['''''':::1-..e.'''.17:1:' •; •9 ' t i ti'vy 3e j a d3 0. .7r .rt. 3j, s: ,.3..'• sl x :: fuL"xi?` eFz Al t:s i' Ott �+ AAS . Vii: 444 _ K M 4' n U Li a z Agg te,.. 3O_ ¢ . ` > m a.,.,. K K ▪- s 0 c.D50 o o —., w z '.1,,,,-"...i::-E.' _mm sm sUs ms . ¢z¢z zz NZv R: LI ' Hf_r91 dvm � m ,, tao . 'i,'§,,, K KKKKNa aND) 0 0WW :C' I O nSC 31G �C HLC -3-ti W LL 5O50a10Oa .au 0 ¢WJ 2=a N . Cc L .c Dcc 15CC CC J_9_aWHW_a i7- ,:iJ maim 0-'1.'.-k-' O o'D ° o-A O o'R Oo.O o'a a 000OwN0a0NwN L a.-- OOE OOE OE OE oOE 0 m2m2Ka2LL2K K 2 O a ` a N K IT Cr K K 0 °"' , UJ WO W� W5- WI- W ZN OZ OZ K (u"'= HU HU HU HU HU a N N CD co O' J Ncl) H W I.-,,-Lo W co p.;,.-�r__-. w¢ W¢ W¢ W¢ W¢ 0 W W W W .(-1;,,T ¢ W W ¢w Lo W U =- a s a s K a a s K a F 200 ,020 N a K O ,z a s > U H U H U H U H U H z a>a> a>a> Z w > O— 0— C., ZZ ZZ ZZ ZZ ZZ K a a a a NH a m V To Za • Ow 00 00 00 00 00 N SNSW 5Lw ¢ Ow 5° JW NWW, °'??-" 00 UU UU UU 00 a ¢N¢N ¢N¢co fns ON J a O O O O" � a O O O O � O O O O O O OO N N O OO O OD N OO 0 LL) (D CO CO !D (D (D O co CO CO N Ln V) N N O O N N CO CO CO CO _ 00 00 00 00 00 00 00 0CD 0 00 00 m m m N co N NN NN NN NN NN CO CO M m CO M 0 0 0 N N CO _ M 0 P N P N � P P P P O •' lO N N N N to 0 o ' co t0 (O co t0 tD N N (D y t0 ‘,12 ,.2 U 0-_ 0 001 00 00 0 0 00 00 0 0 0 0, 0 0 0 0 0 0 O Do 0 0 0 o O 00 0 o O o 0 0 0 0 0 o 00 o 00 aP N N N N N N N P N P P N N N P N NN N N P N P P P T<7C- :-LC-' N N W J N N K a H H H 1- H H H 1- H H 0 0 0 0 0 N Z H H WW NW (1)Ca N N NW a s a K N W W a s a O- K Z KF_ K .?_ Z Z KK NW Z Z Si S S S J J 0 0 wWUJ O J J J J J J J J J J 0 0 0 0 0 ¢ ¢ K a 3 3 3 3 w w J J J J J W W H H 0 a Cr Z Z ¢ Z Cr 0 00 W 0 0 0 0 WW 0 0 0 0 0 Z Z Z 00 < < O 0 OD 00 00 N H H Z 0 H 00 N0 U_` _O N N N m m N N N N N N N N N 2 N N fD N (n N N W W N 0 W W W m m t, W W W W W W W W W W a s W W W W W a s 0 0 a s a N N W N W N W N W N W N W LL LL —( - > > CD ') N N a s a a a a 66 H ::as wiz Ns as Ns w W NN N N N Na Mc; 00 0 X (u" UU 00 00 00 00 00 NW W W W .:' .1c- .- � NN N N co O - " z Z z z Z Z z z z z Ey_ 00 0 0 0 aaJ > _.: OO 00 00 00 00 L.- ,.L XX X X X W W zZ mm 0 N X _q.- O O 00 00 00 00 00 w W W W W aa 5 5 - .N-.� 6 0 M M M CO CO CD N N N N N N O - N m 0 0 N N N N N iIL) N N N ON N c (0 •N r m m N N m N co ry N (O O O O 0 0 O O N N N N N N co N N M COM COM M coM co P P N 0 o 0 r a ¢ a - -▪ ¢ ¢ a ¢ ¢ ¢ ¢ ¢ ¢¢ ¢ ¢ ¢ ¢ C C ¢ C U ¢ ¢ 0 C ¢ ¢ N N N N .. . N N N N N (O CD CD 0 CD CO N N 0 CD CO CO N e.- 0 0 0 0 0 0 0 O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o N N N N N N N N _ N N N N N N N N_ N N r7,1 N C):'----'A '.7 'd' rn O) m O O N N_ N N coN N 0 coM a N O M M t-M ¢ (Cl- .:, 0, N if) N N (D co co N �:. m (O tO N .C.1' .- co - N 0 N N N N N LI) N N N N N CD N CO CD (0 0 N (D (0 0 CD CD N O a _ O ' O O g O O O O O o 0 O O O O O O O O O O O O O 2 N ,., N N N N N_ N N N_ N_ N ` \ N C...' N N N N N_ N N N N C C C C CO CO a, N m m OED\ N N N N N N N N 92 N or or r r r r O N - P P P P N N C N O 0 O m \ N N N N N F. o J a o T T C N N C. CSi .0CCCCC E E E E E E E mm c c 2Na N x':; : 22 22 2 2 2 2 22 c m� �� m m m � o D o 0 EE w f2 E- ' as as aR as a EE oo ' w0O ??" 2- EEW i o.•. o a s K a a s 0 s iIi LL R LL a a a o 33.5 a a U a0 O O O¢ O N N r N N p (D tm0 r _ M NO M P P N c °' w w 0 C U Q J J ¢¢ O R 0 0 o U U O Z Z Z Z Z W N NW O O R CL Z Z Z Z Z J J W W ca N N 0 0 0 0 0 0 2 _LL LL03 UUUU 00 ohm ,•'Q NW N N N N N N N N N U U U U U 'au_ W U U FF O C J a aJ Js KJKJ aJ KJ aJNN HH H H H NN ZZZZ Z zZ pa_ N 0 ¢ 0 0 ¢ a s0 0 0 O 0 0 W W W E > > 00 J ¢ ¢ as a aaK HH0 0 0 dz 0000 00 00 00 00NW W W W ¢H¢ NW > >0 r _ Y ff K a K K_._ _�U _- H NW — K- 0 N O 0 0 00 OO OO 00 Ka LL gJ -- WW S aK - 0 0 0 0 O O LL LLLL , 0 0 ¢ NN N a USuo>.-rei7 NJ mONON UHU UH 0 2 LLE 00a --OU UU UU UO 00 00 00 O U 0 00 00 00 0 00 '.U mO U U U U 0 0 U U U U U U U U U U U U U U U U U U ii ° D O m Or O, to m rn m m m O m O� FP (n m a, R-~-,:.C C C C C C C C C C C C C C E, C C C C , C C C C C w ❑� � a ,5 ,5- 5 "5 ,5 "O a 5 ,5 ,5'5 -0 O V 'O 'O ,5T, 9 'O "v 55 - N N N C C N N N N N EE EE N N C N C EE N EE N>>";-" :aa 00 as as as as as a a a as as as a as -87,7---'4-1 _ LL LH LE LEE" LH LL E E r EE EE E ~ , , , LL LL LL LL LL LL LL a LL LL LL LL LL LL LL LL LL N ,, O O .2 PO O O O 0 P. O O O O O O O O O O O O O P. O O ¢ R"--" LL LL LL LL LL LL LL LE: LIT. LL LL L [TA: t(Hi LL LL LL Li: o f a_- O o M M m m N N n co co co co o o co co N y to -: O :2 ,9- N N N N O `..i'- P ry P N M 7 P N m m m O O (n 0 N N N P P N N N N V > . - ANN NN NN NN NN PP MM M M M MM MM PP P (D CD ti V a:=- N N N N MN NM M N M M N N m R O R N N m N m N N m y m 1 , 1 1 '. ;.-If .„• ,.,, :,'- r .4 ` -0 5-i1 ,.. ' , 5 .. ll ",. '1; & , .1, 411, '1in ,,, .': 4.., '-, ' ,., 1 ., ,, a ,,, -,:i. .; , ,:f., :. r ..,....,..', z.... ,, .,, e .„, ,,,;,„ - •,„_- ,1 44, 1,,,..._,.... '-• 1, '„...- ,49.':'• 4'4,,1 44:141 '1`1, 3",'" 1/441,.,''' r ' . V . 1:, .,- ,e Des r ibeity Concrete&IJrasomy,Inc. _ Iii rrfiv r) P 0;hox 111330 . Naples,FL 3'.10 Da inv®ice R 10111/2014 ; - 97 Bill To B.Q.Concrete&Colasttactian Fax:3558 A 9:Bill Summer P.O.No. Terms Project !terra Description - E..r Amt Prior Amt Prior% Oly Rate Amo at 04 Concrcfle Collier County Sand&Rock$iris on 130,288,00 130,23B.0D 130,258.00 Davis Blvd Naples,FL: Labor, Material&Equipment to form&pour slab with footers.Walls 6'high x 8". (2)Bays 30'8"x 45'.(8)Bays 20'x 25' and(I)slab l0'x 10'x4" For lhhc Surra of: Total `. $l3o,28B 00 Pa nts1Cre -S90,000.0o' Balance Due S40 . /88 - ee Masan Inc. nvo ce Liberty Concrete rY, P.0. Box 1.1 1330:;. Date 1 Invoice# Naples,FL 34008 219/2015 . 105 Bill To 13.Q. COSICiele&Con5truQ;tiOn Fax:354-44511 AM:rN:BBB sunororrs P.D.P1®. Terrns PP®Jec4 -r T dale �oauwt Quari¢iiy D scipliort . 13,2sa.0® & , C®11ier County SandRock Bins:Labor,Material&Equipment.to Copour slab vvith footers.Walls 6°looglt x 8".(2)Bays 30'8"x 45'.(E) •ays 20°s 23'aadma S(1)slab l0' 13028i1.00 x 10'x 4".Contract Price da9ed 8111114 4,500-00 4,500.00 Extra Mast hours;Labor and insurance:20 3 522.50 -80,000.004 500 �14,500.00 Draw Request 41 received 10/30/14 0,000.00 - 0,1)00-00 Draw42 Received 1/14/15 I , } 3alasrcn IOtti Total 144,788.00 phone# Fax 339-598=951 g 239-597-9060 I Liberty Con rete@ ahoo-can it Ii d �J 2.,. F� - 1 31-1 Sr7! \oa BQ Concrete LLC 6017.Pineridge Rd. #329 FL 34119 Date -Invoice it . A 4/6/2015 #295 Bill To Road&Bridges • Travis Gossard - 4800 Davis blvd. Naples,Fl 34104 USA P.O.No- Terms Project 4500154206 Net 45 Days Item Description . Est Amt Prior Amt Prior% Qty U/M Rate Curr% Total% Amount #36 #36 7.776.00 216 sgyd 36.00 100.00% 100.00% 7,776.00 Removal&Disposal of Concrete Late Fee Late Fee for not completing -777.60 -10.00% 100.00% 100.00% -777.60 project on time 437 437 15120.00 216 sgyd 70.00 100.00% 100.00% 15120.00 Installation of Concrete Late Fee Late Fee for not completing -1.512.00 -10.00% 100.00% 100.00% -1,512.00 project on time 61 1 1_1 11 ./7, „_,0,4 d (nett 4 h 5 �� t� C� � w 't • 7/ :/ VSs u 4 �r' ' 04 j 41 RM 418434 Vineyards Blvd,- S20,606.40 520,606.40 Payments/C redits s0.00 BalanceDue S20,6-06.40 i1 i57L l ' r BQ Concrete LLC Date Invoice# 6017 pineridge Rd.#329 #z4s eta FL 34119 416(2015 .Bill To i d Road ad Bridges Travis Gossard 4800 Davis blvd. Naples,FI 34104. USA Project P.O.No. MO 4500154206 Net 45 Days 111111:3 % /n Amount Description Est Amt Prior Amt Prior% Qty 36.00 1 Curr% " IO Total 6.moun 11:11 194 sq)'d 984.00 #36 #36 6.984,00 Removal It:Disposal of 10.00% 100.00% 100.00% 698.40 Concrete 648.40 Late Fee Late Fee for not completing 194 541)d 70.00 100.00% 100.00% 13580.00 project on time 13580.00 #37 #37 .10.00% 100.00% 100.00% 1,358 00 Installation of Concrete 1358.00 Late Fee Late Fee for not completing project on time / A __.. J �� shmrn Q y i-- `,1.-r-- & '0'76 . - - `. ' . . i , , . r ,_. ,_ ._., ,,u ,,/ , s_,,,, e f. 4 I-6 4 t'i't:D' C/11 1 t Total $18,507.60 rd Vin l Vineyy ardss Blvd. . • Payments/Credits • 50,00 Balance Due 5iaso7.6o s • • ::. .. .. . invo—rf BQ Concrete LLC �e • 6017 Pineridge Rd. #329Date Invoice# FL 34119 N. Ili 5/12f2015 #310 3r-7576,, Bill To Road&Bridges Travis Gossard 4800 Davis blvd. Naples,Fl 34104 USA P.O. No, Terms Project 4500154206 Net 45 Days Item Description Est Amt Prior Amt Prior% Qty U!M Rate Curr% •Total% Amount #36 #36 1.234.80 34.3 sqyd 36.00 100.00% 100.00% 1.234.80 Removal&Disposal of Concrete -10.00% 123-48 Late Fee Late Fee for not completing project on time #37 #37 2.401.00 34.3 sqyd 70.00 100.00% 100.00% 2.401.00 Installation of Concrete -10.00% 240.10 Late Fee Late Fee for not completing project on time lc/I -e (1a-ri (s L / . a{f J 1 Iry a fc)- mer(r h /` L . y Jr' - c • RM#18504Total 53.272.22 Vineyards Blvd. Payments/Credits: s0.00 Balance Due S3.27222 ;r S •5 I .. - ' - tpr'� iy , - 6,C.Xt 51-- . BQ Concrete LLC ice 6017 Pineridge Rd.#329 Date Invoice# FL 34119 5/132015 #3150_,k �.. 3I-757 Bill To Road&Bridges Travis Gossard 4800 Davis blvd. Naples,Fl 34104 USA • P.O. No, Terms Project 4500154206 Net 45/Days _ - U/M Rate Curr% Total% Amount Item Description Est Amt Prior Amt Prior% Qty _L #36 #36 1.810.80 503 sqyd 36.00 100.00% 100.00% 1,810.80 Removal&Disposal of Concrete81.08 Late Fee Late Fee for not completing' 10.00% 11 project on time 50.3 sqyd 70.00 100.00% 100.00% 3.521.00 #37 #37. 3.521.00 Installation of Concrete 10 00% 352.10 Late Fee Late Fee for not completing project on time I/�j/�.C(%l� amt ShmenY �y C t („4/ a hNr6' /-K- ' . . 1,9 ....5 fs,„,,/(. 01_, it, ,,(:_-&— e_f.- oc_c„,00,_„1,10.,,,iss—&_s-- _________ _______ ____ ________________ . ______ _________----- RM#18510 Total "S4,798.62 Vineyards Blvd. • Payments/Credits so.00 Balance Due e.,LS4,798.62 (,; BQ Concrete LLC 6017 Pineridge Rd, #329 FL 34119 Date . Invoice#p r-- 5/13/2015 5/132015 #314ea_.. L • 3i `7575 Bill To Road&Bridges , Travis Gossard 4800 Davis blvd. Naples:Fl 34104 USA. P.O.No. Terms Project 4500154206 Net 45 Days if Quantity Description U/M Rate Amount 50.3 #36 sqyd 36.00 1.810.80 Removal&Disposal of Concrete Late Fce for not completing project on time -10.00% 181.08 50.3 #37 sqyd 70.00 3,521.00 Installation of Concrete Late Fee for not completing project on time -10,00% -352.10 ( gc//cA a(771me r) j:) `jar f (ce& Q. y I J S5u a merr 10 /, ‘,10,-- 4 w - 4 6 �\re C/~ a / A) f - - -e t � RM yardNotal .54.798.62. Vineyards Blvd, . i a Y i 1 I 1 I I ,..F'.4 3i. a 6{' ' . • I — 1.,0 e+a•- u;:t. a o� ,-.v. jTi: ...,r y coto April 12, 2016 us that they performed 100 percent of the work and that BQ did none. Now, let's remember where this particular structure is located. This is right behind tile administration building of the road department. Next. Mr. Billy Summers came in here and indicated to you, in this room, on these particular invoices we've done 100 percent of the work. 20 years we've worked for you guys. Every single one of them have been approved by Travis Gossard. They walked every single job. Next. This is the invitation for bid that includes the provision that only the contractors could only sub out no more than 20 percent. Next. This is the provision that provides for how they would be paid. Each awardee will provide complete services for the county (sic) as needed basis and may be required by the owner in accordance with terms and conditions of ft`P. That's the invitation to bid for this work for 125975974R. Next. Next. } Now, this is tie invoice that was provided to the Clerk's Office by Liberty Concrete for the work that they performed on .his particular project, for 5130,288. Next. This is an excerpt from the contract as to how they will be paid. Payments will be paid made to the contractor based upon the pricing identified in this exhibit, which is the exhibit that was used in the ITB far evaluating the contractors and accepting the bid.- _ — The following terms shall apply: Line item one through 52 was . materials of equipment; line items 54 through 80 was miscellaneous concrete work and all materials cost. Next. - -- - - Page 170 O April 12,20'16 This is an Invoice representing the detailed charges that were a submitted to the Clerk's Office requesting payment. p Now, let me ex lain to you how this comes into my of ice. This . _ particular document is .sent to us by the vendor through an electronic syst em. And 'you'll notice they itemized miscellaneous concrete And installation. the of they indicated that they used 112,385 thousandths a yard. They must have beenit with a teacup. measuring In addition to that they charged us, pursuant to the terms of the contract, for construction foreman, equipment operator, laborer, track and wheeled excavator, concrete pump truck. was the Libe Concrete advised us -- or the individual that owner of Liberty Concrete, Bobby Tatum, advised.us that he never provided anyof that type of information to BQ Concrete. Next. Here are t_-ie provisions right out of the ITB, 51 through 58 and 60 through 69, which correspond to the items that they billed the coj'n-y for. Go back one. Okay, if you notice on thr e invoice they have the P.O. That's the P.O. number provided by the county. Next. Next. T"iis is another invoice for one of the large bins for $37,000, with the breakdown kof the individual components contained in the contract. Next: here for 37. This is another large big -- they're Same thing -- _identical;-ladies and"-gent ernen. ------ Next. Then you have the bid for the smaller one. $13,114.65. Okay? date, three of eight. With the items directly out of the Have the P.O. is for. that their billing is for -- out of the contract their billing concrete page l7l • io :0. April 12, 2016 Next. Same ling is true with the next one, four of eight. Next, five of eight. Six of eight. Seven of eight. All six of the small bins are identical. Next. There is the total of the invoices, $37,000, for the two large bins, $13,114 for the two small bins. Next. Now, ladies and gentlemen, let me show you a potential problem here. If they had been eight separate bins the billing could have been potentially correct. But since you have a shared wall between number seven and number six, number six obviously would have a different wall, different concrete, different work comps, all of those t iings would be different. Next. That's a total, $154,478.94. That was what was billed. Next. COMMISSIONER MANCE: Excuse me, Dwight, could you back up a second to your little drawing there. CLERK OF COURTS BROCK: Yes, sir. COMMISSIONER NANCE: Okay, what -- how many yards of concrete did you say you had in one of those small ones? CLERK OF COURTS BROCK: Back up to one of the small ones. COMNLI_SSIONER MANCE :11-2?_.So_a=good_portion of the had _ ---- h to be in the floor; am.I right? CLERK OF COURTS BROCK: 112.385 square yards. COMNIISSIOM NANCE: Square yards? CLERK OF COURTS BROCK: Absolutely. 172 t April 12,-2016 of concrete? COMMISSIONER_NAI\TCE: Or cubic yards MR. CASALANGUIDA: Square. BROCK: Commissioner, we fully CLERK OF COURTS look at cost of I; nd that now. Because it was billed if you to theare understand yard of concrete in the ITB, was much less than thesquare a cubic ywas actually designed for sidewalks. A. yard; because a squareyard cubic yard -- there is in fact a cubic yard Miscellaneous concrete in there. But that wasn't used. Next COMMISSIONER NANCE: at is the definition of a square yard of concrete? MR. CASALANGUIDA: Sir, if I could help both of you. The square yard has a spec of six inches in the contract. So a square yard is COMMISSIONER NAN CE: So it's three feet by three feet by a half a foot. they're saying MR. CAS ALANGL 1DA: For every square yardy six inches in the contract. COMMISSIONER NANCE Okay. 1VIR. CASALANGU A: So :Mat's why I think they reference square yard using a six-inch multiplier. I� COMMISSIONERANCE: Okay. CLE OF COURTS BROCK: This is a cubic yard factor in the contract. Next. Next. - -__-_— -_- -- --- ------=-- - -- Next,_ BQ' remember the $130000 bill that BQ was submitted by Liberty or Liberty gave us with regard to the work he did on this particular prod ecY t? The advised us that they were only paid approximately 1 $90�000. That is a differential of $64,000. : Page 173 i‘.: 3 • April 12, 2016 I Next Now, just so we all understand we're dealing with the same documents and same contract and same P.O. and the invoices, we have tied the invoice by P.O. number to rhe purchase order, which is created to us through h the electronic system, to the submitted g by Your staff, subn� contract which is also created by your staff, the contract number. � Okay? Next. COMMISSIONER NANCE: Back up one second. So you're telling me you're getting conflicting information be--ween Liberty and BQ? SBRO CLERK OF COURTS CK: Yes, sir, I tl-iii K that would be a . correct statement. COMMI SSIONER NANCE: So somebody's not telling the truth.CLERK OF COURTS BROCK: That is correct. -lie truth? COMMISSIONER NANCE: So who's not telling CLERK OF COURTS BROCK: We'll get to that COMMISSIONER NANCE Okay. CLERK OF COURTS BROCK: Next. i Billy Summers comes into this room and says BQ Concrete, as their representative, we've done really good work for you guys or we wouldn't keep getting the contract every year. We can use subcontractors any time we want as long as we don't go over 80 percent. So they fully understood the requirements. On these These are not subcontractors. None of them,not one. p _ -- ears. _____._:-___ articular_1nvo�ces we_v_e done 100 percent of_:1?e_Wor _.- y we've worked for you guys, every single one of these has been approved by Travis Gossard. They walked every single job we did. Next. Gossard was the director of Road Maintenance. We spoke Travis - - ------: - - Page 174_-- - 4 April 12 2016 to Mr. Gossard. Mr. Gossard indicated to my staff the contractor had to identify himself each time he entered the facility m order to be let through the gate. the contractor always identified himself as BQ Concrete. Next. At that point in time we spoke to the owner of Liberty Concrete, Bobby Tatum, and asked if he had to identify himself to get throw the gate. He said he did not have to call anyone to get through the gate and that he had been given the gate code by county staff and told us what the code was. Next. After we had received this con_`iicting information -- now, remember, all of this work was done in October, November or before. Okay? In April the 25th of 2015, we went to the road maintenance facility on Davis Boulevard and tested the credibility of Bobby Tatum's statement. The code number he gave us worked. Next. After we had spoken to them -- Next -- no, back up. Next. Next. On April the 28th, after we had been told that oh, that code gets changed all the time -- not on April the 28th, but we went back out after we went out and tested it to see if it did work after we had been told that it got changed all the time. And then we discovered the code no-longer-worked Next. Go back. On April the 28th, the Clerk advised the Board of County Commissioners there were serious issues and that an audit of BQ Page 175 i April 12, 2016 Concrete was underway. Backup. Backup one. Okay, go ahead. Several of the commissioners at that time -- next -- Commissioner Fiala, and I can understand why you would come to the conclusion in light of the stuff that was said at that board meeting, but you had indicated that it was unfair for BQ. We signed a contract with Buddy, we expected him to be paid, and then it's held up with no warning. The guy doesn't get paid and it's just not unfair (sic). Without the Knowledge that we had, I understand your feelings. Next. ' Commissioner Hiller then indicated that the Clerk was being abusive by withholding payments and that it was not justified. - She then further went to a Ms. Papajohn (sic), a WINK News reporter, and indicated that she and the County Attoiney were trying to make sure that BQ gets paid. Next. Over the past 5-years county staff has approved 3,262 invoices som BQ Concrete totaling more than S8.1 million. The Clerk's audit with regard to BQ Concrete continues. Next. Under contract #12-597R, between 6/11/2013 and 6/10/2015 your staff had approved 74 invoices of BQ Concrete totaling $1,622,249.16. There were zero invoices from the secondary, Bonness. And if I'm not mistaken, I think they're now the contractor. Florida Statute 125.74 provides the county administrator's powers and duties. Section N of that provision provides that the county administrator shall see that all terms and conditions of all leases, contracts and agreements are performed and notify the Board of any Page 1-76 I P s Li April 12,2016 { i noted violation thereof. Next. ed a county ordinance that had that very same You also.pass \ language in it. Next. This is a copy of a page out of the computer system, which I was and delineate problems or recognize staff s you that we go through as we are auditing services have telling approval that the goods and by Travis been done. In this particular case the project was approved Gossard. Next. Now, t nis is in fact the certification provided to the Clerk by your single invoice that is presented to us for payment. I understand that by attesting staff in every... . g authorizing items for payment I am a g bat the goods have been received and verified that services have been performed and verified. Next. by ers: Every single one of these has been approved Billy Summ we did.le Travis Gossard. They walked every single job Next. Now, here is a sequence of events. In March, 2015 we discovered the problems with BQ invoice, even though we had a certification that everythinghad been done and the goods and services had been received. The Clerk began auditing Q invoices and payments in ove and requested additionalrecords greater detail in light of the disc rY staff. from county commissioner-- I mean through — -. - -_ -- --The-Clerk individually, throughhou of t:�.e issues that we you, advised you Crystal who- meets with: four of d an audit was underway. had .found; or that there were issues. An ht here in this room, we Then on 4/28/2015 in a public meeting rig. .. being audited and some that BQ was stated at the BCC Meeting -------- — - - . 1o , A nl 12, 2016 P commissioners urged us to pay BQ. to pay commissioners on 4/30 publicly pressed the Clerk p y BQ. staff i� On 5/8 of 2015 we requested additional records of county our exploration of these bills. from On 5/14/2015 I received cornnlunication in writing y our County Manager er that advised that the Clerk's audit staff were making inquiries staff and requested that all future inquiries atypical inquiries of county s or requests for information go through him: and him alone.Circuit Court filed what is On 6/1/2015 the Clerk of the Circ commonly onl referred to as a civil demand letter for theft against 13Q Concrete and Billy Summers• eheld a rens conference On 6/5/2015 Commissioner Hillerp announcing that she and Leo Ochs discovered problems with BQ Concrete. Next. The next item is a road -- yes, sir? COMMISSIONER Mr. Brock, on the cons✓ruction of `..hose bins. ROCK: Yes, sir: . CLERK OF COURTS B COMMISSIONER NANCE: Were there any concrete blocks? CLERK OF COURTS BROCK: I have no earthly idea. sir. MR. CASALANGUIDA: No, sir. It was a straight pour, COMMISSIONER-NANCE: A complete straight pour. MR. CASALANGUIDA: Steel reinforced. COMMISSIONER NANCE: Okay. CLER COF COURTS BROCK Next. This is a road in which there was a sound wall in the coup-y, Vanderbilt Beach Road, car apparently ran into it and did :.).e damage and the county was attempting to repair it. the time, but Now remember -- back up. We did not know this at , Page 178 - - o r 4 I s. April 12, 2,016 discovered it, those walls are i.n fact unique to one contractor. we later Next. �I Thep roblem was the Clerk receives false information in writing attempting to elicit payment for a made up invoice, and work was done by a subcontractor, Coastal Concrete, not BQ. County staff again certlfiedthat the goods and services were received pursuant to the contract. Next. This is the email that stared the job, ladies and gentlemen. From J.R. Gerents to Billy Summers: Bill, this is a time and material job. And the notice to proceed and work order has been issued. This needs to be done ASAP. So have them order whatever is needed for that job and get 'er done. Next. This is the Vanderbilt Beach wall repair purchase order. The purchase order number is there. It was for $400,000. It was a blanKet purchase order. Next. Then a work order for that job was issued by your county staff for $28,388. Next. Please send me confirmation that you received this email or I will assume that you have not received it - from Billy Summers. And it indicates that he was the construction manager of BQ Concrete. But ladies and gentlemen, I have more to show that that was Billy Summers. Because Billy Summers did a public records request on us. We responded to the—public records fe uest usmn `.hat email and he - responded tack teat he got it. That will be important just a htyle bit later, okay. So we know that is Billy Summers' email that sent that. Next. Back up one. - - -------- - - page-179.: April 12,'2016, Back up That's a Vanderbilt Beach wall -` Vanderbilt repair invoice number. Next. That is the invoice, 233R. Balance due is $28,388.88, okay? If you notice out here, it has all of the items listed in the contract and amounts. Again, we spoke to the-people who actually did t_-.e work who said we never gave them any such information as that. Next. to tie it all back together again, we have invoice, the Inordertile. _ P.O. and the contract, all identified in this process. Next. • Again, this. a page is a e out of the system, and loan who approved it again. Travis Gossard approved it. Next. Gossard again, waich is of the same certification. I understand that by authorizing items for payment I am attesting that goods have been received and verified and that services have been performed and verified. Next. Clerk requested backup, BQ invoice 233. Please provide breakdown backup for materials. Thanks. that I was telling Now, this is an excerpt out of the information you is in the computer that we send to your staff. Next. Concrete,Summers, TI sends to Eddie Chesser, BQ - Vanderbilt repair. {_._ Next. We are then provided with this so-called invoice. It reflects $25,236 worth of work on this particular job floor Coastal Concrete.Now, you will notice that that is actually less than fie bill that was -, — - --- --- -- --- Page-180 i 1011.. April 12, 2016 submitted by BQ, because the bill submitted by BQ had some labor m it as well. We spoke to Coastal Concrete Products. They did le work. Nobody else was even there. Next. And in addition to that, they tell us that was by no stretch of the imagination their invoice. In fact, it appeared to have been created from a proposal that they submitted to BQ Concrete for doing the work for an amount of$6,840. And one of the things that they told us at the time was we would not even agree to do the work unless or until they paid us half of it up front of$3,000. Next. And in fact taey then provided us with the real invoice that they created for the work that was mailed to BQ Concrete in the amount of $6,840. Next. This is the proposal and the supposed invoice that was submitted to us. And if you will look at it, you will see iie things that we identified as having been changed. Next. This is a letter from Coastal Concrete Products that is advising us that that is not their invoice. Next. Surprisingly, this is a word document. And if you know anything about word documents, you can go into them and tell who authored it and who modified it. And it was Billy Summers. And again, that is the -- sameaddress we sent the public records to. Next. Summary: Fraud occurred. The lack of oversight. County staff reviews the contract details and confirms compliance before certifying ----Page-181 -- -= -- - -- - April 12, 2016 completion and requesting esting paynent. That's a solution Real simple, _ not complicated. You make sure the work is done before you certito_y us that it has been done and that tree invoice is proper and in compliance with the contract. Now -- g go ahead. COMIVIISSIONER MANCE: Mr. Brock, are you alleging that -- you're demonstrating here that BQ Concrete was defrauding or you're suggesting that they were defrauding the county? CLERK OF COURTS BROCK: Right. COMMISSIONER NANCE: Are you suggesting that counyy staff knowingly was aware that BQ Concrete was defrauding the county? CLERK OF COURTS BROCK: Commissioners, I will let you draw your own conclusion with -- COMMISSIONER NANCE: No, no, no -- COMMISSIONER HILLER: That is what you're saying. COMNLISSIONER NANCE: -- I'm asking you if that's what you're saying. COMMISSIONER HILLER: Is that what you're saying? CLERK OF COURTS BROCK: You draw your -- COMNIISSIO_\ER HILLER: No, you -- CLERK OF COURTS BROCK: -- own conclusions. COMMISSIONER NANCE: No, I'm asking you your opinion. COMMISSIONER HILLER: You tell us what your -- COMMISSIONER NANCE: Are you suggestingthat Collier Counyy staff is complicit in this fraud? Because what I'm saying is you identified that there's fraud.-Nobody is denying that the ----- okay,_ i - repairs were made. So, I mean, they built tins and they built a wall in the rwo examples that you made, right? CLERK OF COURTS BROCK: Well, let me tell you what I do -.mow. We have spoken to J.R. Garents. J.R. Gerents, who was -- April p 1 12, 2016 employed with you, indicated to us that he was assisting Billy Summers in creating this false invoice. And he was doing it because everybody was pushing him to get them paid. COMMISSIONER NANCE: Did he approve them for payment? CLERK OF COURTS BROCK: No, sir. Travis Oossard approved it. COIi1VIISSIONER NANCE: So who was aware tzat this county staff member was participating in this fraud? MR. CASALANGUIDA: Sir, little clarification. There's about five people in that review chain. Travis is the final signer, but he probably didn't, as the Clerk pointed out, walk every job. He doesn't do that. COMMISSIONER NANCE: I understand that, sir, that's why I'm asking. What is the suggestion here? Okay, we have a guy that's defiauding the county and I'm delighted that we determined that that's file case. But I'm unaware how it was that we should have determined that that was the case. CLERK OF COURTS BROCK: Determined what? COMMISSIONER NANCE: That BQ Concrete was attempting to defraud the coffin-y through falsifying its invoices when those people that are attesting that the job has been completed are not in charge of determining the correctness of the invoices. Are they? All they're determining is that the work has been accomplished, whatever was requested. These are operations people on the skeet, sir, they're not - CLERK OF COURTS BROCK: They're contract management people, Commissioner. COIVIIVIISSIONERNANCE: They're operations-managers;at the * site of the work. CLERK OF COURTS BROCK: That is correct. COIVIlVIISSIONER NANCE: That's correct. CLERK OF COURTS BROCK: Right. _ Page_-183 A ri112, 2016 COIVIh2ISSI NE R NAN C E. somebody Y So if says, okay, I'm S goingto build a wall, their job is to make sure that the wall gets built to the specifications indicated. CLERK OF COURTS BROCIK: Quite the contrary. COISSIONER NANCE: Why -- CLERK OF COURTS BROCK Read the certification. COMMISSIONER NANCE: What? CLERK OF COURTS BROCK: Read the certification. COMMISSIONER NANCE: Sir, you can read all tae certifications you want. How is that person supposed to.know that the individual concerned was defrauding the county? Would anybody reasonably say that an operations manager that was sitting there looking at the wall was aware that that person was dell auding the county? I don't think so. CLERK OF COURTS BROCK: Are you suggesting to me that they don't ensure they're out there doing it properly? COMMISSIONER NANCE: No, they're building it to the spec-- CLERK OF COURTS BROCK: They weren't even there, Commissioner. COMMISSIONER NANCE: Well, you know what? When you ask for a wall and one shows up, I'm assuming that somebody built it. I'm assuming it didn't just drop out of heaven. CLERK OF COURTS BROCK: Okay. COMMISSIONER NANCE: Okay? So there's a wall there. If it meets the specification of the job as bid, I don't know how -- CLERK OF COURTS BROCK: A wall that ultimately cost $6;000 that you're`being billed-26,000 for? COMMISSIONER NANCE: Sir, I don't think they're negotiating that, are they? CLERK OF COURTS BROCK: Negotiating what? COMMISSIONER NANCE: The differentiation that you're -- .:- page 184- Je April 12, 2016 talking about. The person on-site .that's saying We received the wall. : MS. KINZEL: Could I interject? be passing COSSIONER NANCE: Is he supposedobe ar whether judgment on what the bid amount should or shouldrot that person isying to administratively fraud the counyy CLERK OF COURTS BROCK: Let me tell you, when we your county staff who began to try to justify how the bill was app identified this problem, okay, we dealt with the extent that appropriate. To p in to stop us from getting the documents. ion. I'm they're trying � own conclusion.But Commissioner, I'll let you craw your not going to tell you what. You're, I hope, as a county commissioner smart enough to come to your own conclusion as to whether or not you were be defrauded. I will present to you the facts. that it wasn't CONS SIGNER NA-NCE: No, no, I did not say apparent to me that we were being defraudedI was asking who knew. CLERK OF COURTS BROCK: I mean, there's no way. COMMISSIONER NER NANCE: And when did they know? Wien did you realize it? at it TS BROCK: When we started looking CLERK OF COTS ager we discovered the problem with the bins. We began going tough all of these. This is not the only one, Commission a lie. That's not what COMMISSIONER HILLER. That's happened. CLERK OF COURTS BROCK: Really. COIISSIONER HILLER: Really know.CLERK OF COURTS BROCK: I'm glad you CO1VL1VIISS-IONER HILLER I=do_know. — CLERK OF COURTS BROCK: I�o, y ou don't. COM IIS STONER HILLER: Oh, yes, Ido. CLERKOFyou don't. COURTS BROCK: No, COlVINn SSIONER HILLER: I most certainly do. Because here's Page lS i Apel 12, 201661, J �. CLERK OF COURTS BROCK: Wow. COMMISSIONER HILLER: -- what happened. 1-Jere's what happened. And let's take the wall that you represent you uncovered the fraud on. You paid on that wall. You paid on that wall based on your pre-audit. Your determination that based on your pre-audit that expendi-ilre was legal. You made an improper payment, because you didn't audit property. And here's what happened: You had no idea that fraud existed. You made the payment and time went by and then guess what happened one day? Coastal's bookkeeper called and said that they hadn't been paid. CLERK OF COURTS BROCK: After -- COIiMISSIONER HILLER: No. CLERK OF COURTS BROCK: No, Commissioner -- COMMISSIOINER HILLER: No, no, let me finish. CLERK OF COURTS BROCK: -- you weren't there. I'm going to tell you what happened. COMMIISSIONER HILLER: No, let me finish. CLERK OF COURTS BROCK: After we discovered BQ -- COMMISSIONER HILLER: They called and told you and you asked, oh, how much are you owed and they said 6,000. And your staff said no, according to the invoice we have here, it's 25. And then you ran down to Coastal with your staff and you interviewed that staff going, oh my goodness, what's going on here, because you realized that you had failed to do a proper audit and you made an improper payment. -And uite frankly, it wasn't within your-jurisdiction to-send_ that letter to BQ, it was the Board's jurisdiction to reclaim that. And if you wonder what my source is, take a look at your most favorite audit,.Okaloosa. And I will tell you right now, you then withheld that information Page-186 - April 12, 2016 2rom the Board where you should have told us what was going on. And as soon as I found out what happened and found that you were withholding this information from us, I called our Coun Vy Manager and pulled all the documentation and took it straight to law enforcement only to find out that you hadn't even communicated with them. Notwithstanding that you were sitting on this for quite some time. And when a criminal investigation was opened into this matter, you obstructed our Sheriff and claimed they couldn't do their job. And so he withdrew and turned it over to FDLE. And then you obstructed FDLE by claiming you were conducting an internal audit and they could not conduct their investigation while you were conducting your internal audit, and they had to stand down and wait while you were conducting this, quote, internal audit. You're not an investigative agency. You don't have the power to conduct criminal investigations. CLERK OF COURTS BROCK: I have never -- COMMISSIONER HILLER: And you have no right to sit on evidence of what potentially could be a crime, and it hasn't been concluded that a crime has been committed, because as far as I know, unless staff has information to the contrary or you have information to the contrary, FDLE has not concluded their investigation. And why you are bringing this forward when you know a criminal investigation is ongoing in this matter is very curious. But the bottom line is you failed to properly pre-audit. You failed to independently verify the underlying invoice with the source. And as a result you made an improper payment. And then you scrambled __when-you_found out that you, you, said that a pay_ment should be made when it should not have been made. Whether or not there is an underlying crime and who is guil:.y will be decided by FDLE. And I assure you, when I brought this to the County Manager's attention, he had no hesitation to take it to law Page 187 April 12, 2016 . j hesitation to ensure that there is full and enforcement and he has no complete prosecution of any of his staff if they are guilty. But you what you did with respect to your dify to pre-audit an determine the legali-y of expenditures did not happen. You were •ct. And that's why an improper payment was made. dereli audit process that And don't sit here and pretend that through yournot what you uncovered this fraud was going on, because that is happened at all. CLERK OF COURTS BROCK: Now, I will tell you what happened. When we went -- rough the process of dealing with the bins, it became public issue. We received a telephone call from a contractor in 4 Lee County called Coastal Concrete who said to us, we are ow ed mony e. e as well. And we went up and spoke to Coastal then And when Coastal Concrete told us what happened, bean looking at all of the other ones that were of similar nature. And during this process, our g Commissioner Hiller, for your infol ma tion I made, I think three telephone calls, long before you ever , the Sheriff s Department to call me back, and they never reported it, to , about. called me back. So you don't know what you're talking because that's not true, COMMISSIONER HILLER: I'm sorry, Coastal Concrete called me. Commissioner Fiala? COMMISSIONER HENNING: C • ' : • . FIALA: Yes. COMMISSIONER HEWING: Thanks. don't have a CLERK OF COURTS BROCK: I mean, that's fine, I — problem__But_I'm telling-you — HILLER: You told me -- COMMISSIONER': -- exactl how it went down CLEC OF COURTS BROCK: it's HILLER. Noi , not how it went down. CLERK F COURTS BROCK: Your imagination is running Page-188 . } 1 Li April 12, 2016 away. I know the facts. COMMISSIONER HILLER: I'm sorry, it's not. C A A FIALA: Commissioner Henning has asked for a few times now if he could speak, so would you like to speak? COMMISSIONER HEY:CING: Yeah, we need to lose the emotions. I mean, it doesn't get anywhere when you're that emotional. But it's interesting that these contracts are even-- these invoices -® or these work orders are even let on tais contract, because a wall on Vanderbilt and bins or walls at the maintenance facility, because the contract says concrete roads, sidewalks, curbs, floor, installation and repair. It doesn't say anything about a wall. MR. CASALANGUIDA: It allows miscellaneous concrete work, sir, in the contract. Which is something that if you wanted to do a box -- now, they could have procured it - wo different ways: They could have gone out and got taree quotes, or they -- they chose to use the contractor. COIVLI 4ISSIONER HENNING: Well, maybe you can point that out to me within the contract. CLERK OF COURTS BROCK: It does. COMMISSIONER HEN IN G: But more importantly -- CLERK OF COURTS BROCK: And that's the way it was actually listed was miscellaneous concrete. Repair and maintenance. COMMISSIONER HENNING: The invoices are given to the county, not to the Clerk. They're given to the county, the coun.y uploads them for payment, is that - CLERK OF COURTS BROCK: No. Generally -- R. CHS_There's two methods_ Some go directly to the Clerk —and some come through staff and then scanned into the system and -- COMMISSIONER HENNE G: What about these particular invoices, do we know how they were -- how they got into the system? Was it county staff or -- - - Page-189 4 April 12, 2016 . MR. OCHS: Well, there's a record of it, sir, so I`ll ask Ms. Markiewicz if she knows. She's standing right there: Ms. Markiewicz, do you happen to know on t._is fence item? MS. VIA EWICZ: Joanne Markiewicz. Clerk's Office. This particular one we're talking about went to the COIVIMISSIONER HE _ G: Now that's wall on Vanderbilt, right? MS. MARKIEWICZ: Yes, sir. COMMISSIONER INNG: What about the bins at the facility? MS. MARKIEWICZ: I'm ge=ting the nod talose went directly to the Clerk's Office as well. COMMISSIONER HE-N-NING: Okay. And then the Clerk's Office goes to the department and says please validate these, that it happened (sic); is that how the process goes? them CLERK OF COURTS FROCK: And often approve pursuant to your certification. MR. OCHS: That's true. So what does staff do COMMISSIONER HEIS\-ING: All right. to validate it? MR. OCHS: Joanne? COMMISSIONER HILLER: It's the Clerk who's supposed to validate. The Clerk is supposed to validate. COMMISSIONER HENNING: No, they're management -- MR. OCHS: We validate the receipt of the goods. And as Commissioner Nance was saying before, that the product and services were constructed in:he place that:they were s p eclfied toeconstructed _ - in according to the contract. COMMISSIONER HENNING Okay. So -- MR. OCHS: Is that essentially right? MS. h'IARKIEWICZ: Yes, sir. page 190 4 O April 12, 2016 CLERK OF COURTS BROCK: Go back to the - COMMISSIONER HENNING: Obviously the -- do you have staff out there watching these repairs being done? MR. CASALANGUIDA:; Sir, they'll either go before, during or after. ' They'll probably definitely go before and authorize the work. So if it's a fence that's there they'll go out and say about 30 feet of fence has been broken, request the work order, then the contractor will go out and do the work and staff will follow behind and say take pic i-ur es or stop by while they're working and verify that they're doing the work and the work was done -- COMMISSIONER HENNING: Well, obviously the one at the facility maintenance building, they're right there. MR. CASALANGUIDA: Yes, sir. COMMISSIONEER HENNING: Pardon me? with MR. CASALANGUIDA: Staff took pic Vures of the work the steel being put in and various phases of the job being done. COMMISSIONER HENNT\IG: I :Know, I saw BQ Contractor trucks. They have it right on the side of them. MR. CASALANGUIDA: Right. Obviously somebody COMMISSIONER HENI��LeG: You know, obv knew that a subcontractor was doing it. But BQ is the one that was submitted invoices for the count' staff to validate that the work done by BQ. MR CASALANGUIDA: And they provided an affidavit to the county stating such, sir, a signed affidavit. COMMISSIONER HENNING: BQ did? MR CASALANGUIDA: Yes, sir: —COMMISSIONER And what was the bast§ for that affidavit? COMMISSIONER BINNING: But my point is, it's right at -Lie maintenance facility, the same facility that oversees the sidewaks. Page 191_ — a U April 12, 2016 MR. CAS ALANGUIDA. And sir, what my understanding is in going back is that BQ said that these people work for me whether they're 1099 or laborers. And the other gentleman, I think his name is -- Dwight, is it Billy Summers? Said I dont work for them, I'11-1 an , g � de endent con-sactor. And that was the dispute. So we said to BQ, nim p if they work for you, sign an affidavit saying that they work for you. Because we don't go into their personal records and check 1099's or what they do. And he brought an of icavit in and said, I have done tie e Y work per the contract, and he signed that. So that was -- COMMISSIONER SSIONER HENNING: So.what's the resolution on that for it because they didn't do the particular invoice? We can't pay BQ to the county saying work. They falsified documents and submitted i�t Concrete? that t-ney did do work. So what's the resolution for Libel-7 MR. CASALANGUIDA: Sir, I'm not going to jump the Aytorney, but I t_mink it would be court. If the prune contractor vendor says, I did work -- COMMIS SION R T�ENNING: Right. ou have the MR. CASALANGUIDA: I'm time one who you worked contract with. and I signed that affidavit and yet someone who underneath tem says,h wait a minute, I'm a subcontractor, I did.the y work, taat becomes a fight outside of the four corners of the coun.ty. That becomes a private fight, not ours. We received the goods and service. COMMISSIONER HE1`T-\7-\IG: But is that time ng it thing? COIVIMIS SIONER HILLER: Wait a minute. Isn't Liberyy� ur friend. Or is -- Crystal' is it you or Dwight who are friends witm Liber-y? _._ e of y� _ - - - - = owner Are you Mends with the owners of Liberty? COlVMISSIONER HET : No, G I'm not done yet. . MS. } ler,ZEL: You know, Commissioner , that's reasy that runmor -- I've never laid eyes.on Bobby Tatum until i•nterestin that th - , g Page 192 IUJ \ 1:12, 2016 he filed the compConcrete not p complaint about BQ N_ ayer-g -- COMMISSIONER HILLER: obody s filends? MS. KINZEL: No, ma'am. And to make those l{inds of accusations on the record are unreasonable, so • Let's get back to Commissioner Ilenni_ng's c uestioning, please.COSSIONER HE 's G What's the resolution on that?. C . . F ,A: One t_vng at a tune: CLERK OF COURTS BROCK: Commissioner, look at -- CONJS SIONER HENNING: Let me ask -COMMISSIONER HILLER: I believe Liberty sued -- COMIVIISSIONER HEI\ °1G: -- Jeff Klatzkow_ CHAIRMAN FIALA: Wait just a minute. Let's - COMMISSIONER HILLER: -- BQ. to Commissioner C A F A: Ma'am, lets listen Henning, please. C OMMISSIONER HILLER: Liber'y sued BQ. CHAIRMAINT FSA:�, We'll hear a-om Commissioner Henning. COMMISSIONER HENN-\ G: Jeff? MR. KLATZKOW: If we had withheld payment mom BQ so thatns the county didn't pay for the work and Liberty comesimthe fair thing listen, we're the ones who did the work, ultimately I thinknd sa a . to make sure this enterp would be then you'd probably want to nmit through a just e dispute was taken care. The ulticourt mate result would should be paid if they did the work: be Liberty t_hat's - so we have _ - = Well, yeah,. _ - I��L s STONER- HE ---- --- esti ations going on by c_ifferent agencies on.defraudm.g ect Inv g government at needs to be settled first. Would mat be the corn order? • You've got :wo separate issues. The work MR, KLATZKOW. Y ,.. Fage193 — April 12, 2016 • was done, okay So let's say the value of the work was $25,000. 3Q invoices us for 100,000, okay. We have a separate issue with BQ as far as the fraud goes, but ultimately tree work got done. But ultimately I would bring suit, I would name both BQ and - Liberty and, you know, let the court decide whether or not Liberty should get paid and then be done with it. COSSIONER HEN-TNTNG: Well, does anybody have any objections of doing that? COMMISSIONER HILLER: Yes. Can I speak? COMMISSIONER HENNING: Besides Commissioner Hiller, does anybody have any objections to getting Liberty paid? COMMISSIONER HILLER: Yes, Liberty has already filed suit. As I understand-, Liberty filed suit against BQ and .aas a judgment against BQ. And I'm not -- and Liberty also hasn't provided evidence that they did do the work. In fact, I tnink that was one of the issues, 'ley didn't produce time cards, evidence of payment. There's no -- tnere is - other than Meir claim that they have done it, we're again in a situation where there's no proof. MR. KLATZKOW: Commissioner the issue is whether we paid BQ or not. I don't "know if we paid BQ. COMMISSIONER HILLER: Did you pay BQ? CLERK OF COURTS BROCK: Yes, we paid BQ. MR. KLATZKOW: Well, fiat's the end of the discussion. COMMISSIONER HILLER:_ That's the end. MR. KLATZKOW: Because then Liberty's -- COMMISSIONER HENNING: Yeas, but what about Coastal? Did BQ get-paid for 525,000?They_did_ - fi- CLERK OFCOURTS BROCK: (Nods head affirmatively.) COMMISSIONER HENNING: So we'd have to go after BQ to recoup that money. Okay. COMMISSIONER SIONER HILLER: And that's the payment improper , 9 = Page 194 - • A n • 112, 2016 that the Clerk made. _ , • • • • • • • • • • • • • • • • • • • • • • • . . . . . \\ ^ » ` \ . \ 103 Jpt , ,..,,,,...,,,,.,,,,!,/,,, \ \ . { .. ' \ fk• {% \// / § ( ( > A . _ - / . �� \ ��a % v ^ _ ! § : \ y r / \ ,. \ / { _ } , \ \ \ % { / \ ; ^ ƒ » _ • , . t i • Statutes & Constitution:View Statutes Online Sunshine Page 1 of 1 Select Year: 2015 V Go • The 2015 Florida Statutes Title VI Chapter 77 View Entire Chapter CIVIL PRACTICE AND PROCEDURE GARNISHMENT 77.15 Proceedings against third persons named in.answer.—If the answer of garnishee shows that there is any of defendant's personal property in the possession or control of any person who has not been garnisheed, on motion of plaintiff a writ of garnishment shall issue against the person having personal property of the defendant and the person shall answer and be liable as other garnishees. History.—s. 3, ch. 43, 1845; RS 1677; GS 2141; RGS 3443; CGL 5296; s. 2, ch. 29737, 1955; s. 27, ch. 67-254. • Copyright© 1995-2016 The Florida Legislature • Privacy Statement • Contact Us f Statutes & Constitution View Statutes . Online Sunshine Page 1 of 1 Select Year: 12015 v I f Go The 2oi5 Florida Statutes Title XI Chapter 125 ViewChapter Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL COUNTY. RELATIONS GOVERNMENT 125.15 Tosue- and be sued in the name of county.—The county commissioners shall sue and be sued in the name of the county of which they are commissioners. A change in the persons composing the board of county commissioners shall not abate the suit, but it shall proceed as if such change had not taken place. History.—ss. 1, 3, ch. 3242, 1881; RS 580; GS 773; RGS 1493; CGL 2202. Copyright © 1995-2016 The Florida Legislature • Privacy Statement • Contact Us 1 - Statutes & Constitution .View Statutes Online Sunshine Page 1 of I - ' Select Year:; 2015 Go The 2015 Florida Statutes Title VI Chapter 77 View Entire Chapter CIVIL PRACTICE AND PROCEDURE .GARNISHMENT 77.07 Dissolution of writ.— (1) The defendant, by motion, may obtain the dissolution of a writ of garnishment, unless the petitioner proves the grounds upon which the writ was issued and unless, in the case of a prejudgment writ, there is a reasonable probability that the final judgment in the underlying action will be rendered in his or her favor. The court shall set down such motion for an immediate hearing. If the writ is dissolved, the action then shall proceed as if no writ had been issued. (2) The defendant and any other person having an ownership interest in the property, as disclosed by the garnishee's answer, shall file and serve a motion to dissolve the garnishment within 20 days after the date indicated in the certificate of service on the defendant and such other person of the plaintiff's notice required by s. 77.055, stating that any allegation in plaintiff's motion for writ is untrue. On such motion this issue shall be tried, and if the allegation in plaintiff's motion which is denied is not proved. to be true,the garnishment shall be dissolved. Failure of the defendant or other interested person to timely file and serve the motion to dissolve within such time limitation shall result in the striking of the motion as an unauthorized nullity by the court, and the proceedings shall be in a default posture as to the party involved. • (3) If the motion denies the debt demanded before judgment, the judge may require pleadings on motion of either party on the debt demanded to be filed in such time as he or she fixes. (4) The issue, if any, raised by the pleadings shall be tried at the same time as the issue, if any, made by defendant's motion to plaintiff's motion. (5) If the plaintiff fails to file a dismissal or motion for final judgment within 6 months after filing the writ of garnishment, the writ shall automatically be dissolved and the garnishee shall be discharged from further liability under the writ.:The plaintiff has the right to extend the writ for an additional 6 months by serving the garnishee and the defendant a notice of extension and filing in the underlying proceeding a certification of such service. History.-s. 1, ch. 7353, 1917; ROS 3454; CGL 5307; s. 27,ch. 67-254; s.2, ch. 83-97; s. 3,ch. 85-272; s, 389, ch. 95-147; s. 16, ch. 2005-241. Copynght-©-1995=2016—The-Florida-Legislature-.-Privacy-Statement Contact-Us — — . I p u DIVIDER Statutes & Constitution Search Statutes Online Sunshine Page 1 of 5 j l ; Select Year: 2015 vGo The 2015 Florida Statute Chap25 Vie—w— Entire Title Xi . COUNTY Chapter COUNTY ORGANIZATION AND INTERGOVERNMENTAL GOVERNMENT RELATIONS 125.01 Powers and duties.— on county 1 The legislative and governing body of a county shall have the power to orincudes, but isnot government. To the extent not inconsistent with general or special law, power t restricted to, the power to: (a) Adopt its own rules of procedure, select its officers, and set the time and place of its official meetings. -(b)-,-Provide for the prosecution and defense of legal causes in behalf of the county or state and retain counsel and set their compensation. (c) Provide and maintain county buildings. d) Provide fire protection, including the enforcement of the Florida Fire Prevention Codee Florida e, as provided in ss. 633.206 and 633.208, and adopt and enforce local technical amendments Fire Prevention Code as provided in those sections and pursuant633.202. (e) Provide hospitals, ambulance service,and health andwelfare programs. (f) Provide parks, preserves, playgrounds, recreation areas, libraries, museums, historical commissions, and other recreation and cultural facilities and programs. (g) Prepare and enforce comprehensive plans for the development t ofathe county.s are necessary for the (h) Establish, coordinate, and enforce zoning and such businessg e protection of the public. Adopt, byreference or in full, and enforce housing and related technical codes and regulations. (j) p ' slum clearance,community(j) Establish and administer programs of housing, n and drainage conservation, flood and beach erosion control, air pollution control and navigatioand operation anof d cooperate with governmental agencies and private enterprises in the development programs. Provide and regulate waste and sewage collection and disposal, water and alternative water but-not-limited to,-reclaimed water and_water from aquifer storage and recovery -- -- supplies, including; — ------------=-11------ --=--- :— -- --and desalfinat�on systems—and-conservation programs— ----- -- overrnngbody 6 a county ma q ire that any pe nr os� mtMn the county demonstrate the r 2 The existence of some arrangement or contract by which such person will disposeeof solidwspecialwastesc est person who produce. consistent with county ordinance or state or federal st to or federal law or county ordinance, the . or biomedical waste, as the same May defined by require satisfactory proof of a contract or similar arrangement by which such special or county may q _.. a qualified and duly licensed collector and disposed of in biomedical wastes will be collected by accordance with_the taws of Florida or the Federal Government _ i Statutes & Constitution :Search Statutes : Online Sunshine . Page 2 of 5 (l) . Provide and operate air, water, rail, and bus terminals, port facilities, and public transportation systems. (m) Provide and regulate arterial, toll, and other roads, budges, tunnels, and related facilities; eliminate grade crossings; regulate the placement of signs, lights, and other structures within the right of-way limits of the county road system; provide and regulate parking facilities; and develop and enforce plans for the control of traffic and parking. Revenues derived from the operation of toll roads, bridges,tunnels, and related facilities may, after provision has been made for the payment of operation and maintenance expenses of such toll facilities and any debt service on indebtedness incurred with respect thereto, be utilized for the payment of costs related to any other transportation facilities within the county, including the purchase of rights-of-way; the construction, reconstruction, operation, maintenance, and repair of such transportation facilities; and the payment of indebtedness incurred with respect to such transportation facilities. (n) License and regulate taxis, jitneys, limousines for hire, rental cars, and other passenger vehicles for hire that operate in the unincorporated areas of the county; except that any constitutional charter county as defined in s. 125.011(1) shall on July 1, 1988, have been authorized to have issued a number of permits to operate taxis which is no less than the ratio of one permit for each 1,000 residents of said county, and any such new permits issued after June 4, 1988, shall be issued by lottery among individuals with such experience as a taxi driver as the county may determine. (o) Establish and enforce regulations for the sale of alcoholic beverages in the unincorporated areas of the county pursuant to general law. (p) Enter into agreements with other governmental agencies within or outside the boundaries of the county for joint performance, or performance by one unit in behalf of the other, of any of either agency's authorized functions. (q) Establish, and subsequently merge or abolish those created hereunder, municipal service taxing or benefit units for any part or all of the unincorporated area of the county, within which may be provided fire protection; law enforcement; beach erosion control; recreation service and facilities; water; alternative water supplies, including, but not limited to, reclaimed water and water from aquifer storage and recovery and desalination systems; streets; sidewalks; street lighting; garbage and trash collection and disposal; waste and sewage collection and disposal; drainage; transportation; indigent health care services; mental health care services; and other essential facilities and municipal services from funds derived from service charges, special assessments, or taxes within such unit only. Subject to the consent by ordinance of the governing body of the affected municipality given either annually or for a term of years, the boundaries of a municipal service taxing or benefit unit may include all or part of the boundaries of a municipality. If ad valorem taxes are levied to provide essential facilities and municipal services within the unit, the millage levied on any parcel of property for municipal purposes .. by all municipal service taxing units and the municipality may not exceed-10-mills.-This_paragraph _--- authorizes all counties to levy additional taxes,-within-the limits-fixed-for-municipal-purposes,within-- — such municipal service taxing units under the authority of the second sentence of s. 9(13), Art. VIi of the State Constitution. (r) Levy and collect taxes, both for county purposes and for the providing of municipal services within any municipal service taxing unit, and special assessments; borrow and expend money; and issue bonds, revenue certificates, and other obligations of indebtedness, which power shall beexercised in such manner, and subject to such limitations, as may be provided by general law. There shall be no referendum required for the levy by a county of ad valorem taxes, both for county purposes and for the providing of municipal services within any municipal service taxing unit. � • Statutes & Constitution :Search Statutes : Online Sunshine • • Page 3 of 5 • g and`transact�ons:of any into accounts, records, countyofficer (s) Make. investigations of county affairs; inquire reportsfrom any • county department, office, or officer; and, for these purposes, require or employee and the production of official records. - the exercise of its powers and prescribe fines and. . ces e n necessary(t) Adopt ordinances and resolutionsI II penalties for the violation of ordinances in accordance with law. (u) Create civil service systems and boards. ec�fy, a copy of official to submit to it annually, at such time as it may sp • (v) Require every county the official's operating budget for the succeeding fiscal year. acts not inconsistent with law, which acts are in the common interest st of the (w) Perform any other p y prohibited by and exercise all powers and privileges not specifically people of the county, funds, accounts, and . Employ an independent certified public accounting firm to audit any (x) lre and its agencies and governmental subdivisions. Entities that are funded financial records of the countymaybe required by the county to art by the county, at the discretion of the county, the wholly inp the conduct a performance audit paid for by county. An entity shall not be considered as funded by es, assessments, county by virtue of the fact that such entity utilizes the county to collect taxto a contract fees,eor r $other revenue. If an independent special district receives county funds pursuant interlocal agreement for the purposes of funding, in whole or in .part, a discrete program of the district, f the countyto undergo a performance audit. Not fewer than five ro only that program may be required by documents, shall be filed with the clerk of the copies of each complete audit report, with accompanying maintained there for public inspection. The clerk shall thereupon r General.rd one circuit court anddocuments to the Au complete copy of the audit report with accompanying rimary election, general election, or (y) Place questions or propositions on the ballot at �majority vote of the total membership of the y p otherwise called special election, when agreed to by ression of elector sentiment with respect to body, so as to obtain an exp - legislative and governing Nos special election may be called for the purpose of ty. conducting a straw ballot. Any election costs, matters of substantial concern within the counas defined in s. 97.021, associated with any ballot called specifically at the request of a district or for the creation of a district shall question or election warrant. be z)paid by the district either in whole or in part as the case may law for (z) Approve or disapprove the issuance of industrial development bonds authorized by entities within its geographic jurisdiction purchase any or all interests in land for the protection of (aa) Use- ad valorem tax revenues to ement areas; for natural floodplains, marshes, or estuaries; for use as wilderness or wildlife manag restoration of altered ecosystems; or for preservation of signif5cannOt archaeoloadopgi al or historic e local sites. (bb) Enforce the Florida Building Code, as provided in s. 5 and (c). Code, pursuant to s. 553.73(4)(b) names as technical amendments to the Florida Building agency, from using (cc)__ prohibit a business entity, other than a county tourism promotionrepresenting tourism_____ - --- ubtic as an entity _ p- -125.0104(9)(e)-when-representing itseC.:fo_ e_p_--- ___.�-- _ specified in s. county in the local option-tourist devetoprrient-tax-under s.--125.0;1�_•__– -�__ — interests of the levying of any municipal service taxing (2) The- board of county commissioners shall be the governing body or benefit unit created pursuant to paragraph (1)(q)• but is deemed The enumeration of powers herein may not be deemed exclusive or restrictive, (3)(a) in out such powers enumerated, powers necessary or incident to carrying to incorporate all implied = to personnel, exp into contractual obligations, including, specifically, authority to emp Y P end_funds, enterThe authority to employ personnel and purchase or lease and sell or exchange real or personal property. __ . ut is not limited to, the authority to determine benefits available to different types of includes, b - _ `_ a , ‘.,, Page 4 of S. B Statutes': Online Sunshine Statutes & Cons�itution :Search S { personnel. Such benefits m . . _ . , . . aid leave. The 1 I ay include, but are not limited to, insurance coverage and p • employees in the Florida Retirement provisions of chapter 121 govern the participation of countyemp y • System. carry out the The provisions of this section shall be liberally construed in order to of hometivel powers authorized (b) p purpose of this section and to secure for the counties the.broad exercise by the State Constitution. overning body of a county shall not have the power to regulate the taking or (4) The legislative and g size, possession of saltwater fish, as defined in s. 379.101, with respect t themetho from prohibiting, for. number,. season, or species. However, this subsection does notprohibitowned protecting the public health, safety, or welfare, saltwater fishing from real property reasons of of seordinance. by that county, nor- does it prohibit the imposition or special law, governing body of a county shall (5)(a) To an extent not inconsistent wit general have the power to establish, and subsequently merge or abolish those created hereunder, special p governing is to include both incorporated and unincorporated areas subject to the approval of the g distrihin which maycts provided municipal services and facilities body of the incorporated area affected, witecia[ assessments, or taxes within such distract only. Such from funds derived from service charges, special ordinance may be subsequentlyamended by the same procedure las the original enactment. of county commissioners and may (b) The governing body of such special district shall be composed officials of the governing body of an incorporated area included icreating ot ea i special the include elected with apportionment being set forth in the ordinance special district, with the basis of district. for (c) It is_dectared to be the intent of the Legislature that this subsection is the authonztionrict tohe levy by a special district of any millage designated in the ordinance creating such a special amendment Ar ent thereto and approved by vote of the electors under the authority of the first sentence of s. ict rt. d of the State Constitution. It is the further intent of the Legislaturerated areas of a county andthatcreated and under this subsection include both vide aepeceseidn the unioncpopporated area only. such special district may not be used top (6)(a) The governing body of a municipality or municipalities by resolution, or the citizens of a municipality or county by petition of 10 percent of the qualified electors of such unit, may identify a service orprogram rendered specially for the benefit of the propertyd or of residents in unincorporated is commissioners a ed Bern the boa to areas and financed from countywide revenues and petitionbe by develop an appropriate mechanism to finance such activity for solely uponhe ensuing iresidents or which may in the taxes, special assessments, or service charges levied or imp area, by the establishment of a municipal service taxing or benefit unitpursuanto to unincorporated (1)(q), or by remitting the identified cost of service paid from revenues required - paragraph x ended ona countywide basis_to the municipality or municipalities, within 6 months of theadoption tip ------ ----- -– ------ budget;"in the proportion that the amount of county. ad_valorem taxes co tic ted- ----of the county P p - or municipalities bears to the-total-amount-of ide ad valorem-taxes collected =—_ i - ------such municipality __— — or by any other method prescribed by state law. which by the county, file a response to such petition, (b) The board of county commissioners shall, within 90 days, etition and ither reflect actito develop appropriate mechanisms or shall reject such p. response shall e on er state findings of fact demonstrating that the service does not specially benefit the prop ty or residents of the unincorporated areas. No countyrevenues, except those derived specifically from or on behalf of a municipal service • (7) P or program area, shall be used to fund taxing unit, special district, unincorporated area, service area, P g t CI T') iPa Page ' Statutes : Online Sunshine g .:. Statutes & Constitution :Search any service or project provided by the county when no real and substantial benefit accrues to the property or residents within a municipality or municipalities History, s. 1; ch. 1882, 1872; s. 1, ch. 3039, 1877, RS 578, GS 769, s. 1, ch. 6842, 1915 RGS 1475 CGL 2153; s 1, ch. 59- 436; s. 1, ch: 69-265; ss: 1, 2, 6, ch. 71-14; s. 2, ch. 73-208; s. 1, ch:73-272; s. 1, ch. 74-150; ss. 1, 2, 4,'ch. 74-191; s. 1, ch. 75-63; s. 1, ch. 77-33; s. i; ch. 79-87; s. 1, ch. 80-407; s. 1, ch. 83-1; s. 17, ch. 83-271; s. 12,ch. 84-330; s. 2, ch. 87-92; s. 1, ch. 87-263; s. 9, ch. 87-363; s. 2, ch. 88-163; s. 18, ch. 88-286; s. 2, ch. 89-273; s. 1, ch. 90-175; s.1, ch. 90-332; s.`1,ch. 91-238; s. 1, ch.92-90; s. 1, ch. 93-207;.s. 41, ch. 94-224; s. 31, ch. 94-237; s. 1, ch. 94-332; s. 1433, ch. 95-147; s. 1,ch. 95- 323; s. 41, ch. 96-397; s. 42, ch. 97-13;s. 2, ch.2000-141; s. 34, ch. 2001-186; s. 36, ch. 2001-266; s_3, ch. 2001-372;s.20, ch. 2002-281; s. 1, ch. 200378; ss. 27, 28, ch. 2003-415; s. 184, ch. 2008-247; s. 2, ch. 2011-143; s. 122, ch. 2013-183; s. 1, ch. 2014-7. Copyright © 1995-2016 The Florida Legislature . Privacy Statement . Contact Us 108 ' DOCUMENT DMIER ..T RULE 1.230. ` INTERVENTIONS Anyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention, but the intervention shall be in subordination to, and.in recognition of, the propriety of the main proceeding, unless otherwise ordered by the court in its discretion. February 23,2016 Florida Rules of Civil Procedure Page 69. Work Product of The Florida Bar Filing # 34573411 E-Filed 11/17/2015 05:37:19 PM .tea IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, STATE OF FLORIDA CIVIL ACTION EXHIBIT 1 LIBERTY CONCRETE&MASONRY,INC., A Florida Corporation, Plaintiff, v. Case No.: 15_CA-16o3 B.Q. CONCRETE, L.L.C., A Florida Limited Liability Company, Defendant / MOTION FOR WRIT OF GARNISHMENT Plaintiff, LIBERTY CONCRETE &:;MASONRY,INC.,by and through undersigned counsel,and pursuant to Chapter T7,Florida Statutes,hereby moves for issuance of a writ of garnishment directed to DWIGHT E BROCK, CLERK OF COURT, and as grounds. therefor states as follows: 1. Judgment has been obtained against Defendant, B.Q. CONCRETE, L.L.C., in the sum of $42,081.09, plus post,judgment interest at the statutory interest rate from October 26, 2015. 2. Plaintiff, after diligent search and inquiry, does not believe this Defendant has in its possession or control, or will have in its possession or control after execution is issued,tangible or intangible personal property in the state and in this County on which a levy can be made sufficient to satisfy Plaintiff's claim. 3. Therefore,Plaintiff moves pursuant to§77.03,et.seq.,for issuance of a Writ of Garnishment and suggests DWIGHT E.BROCK,CLERK OF COURT,3315 Tamiami Trail;East, Naples, FL 34112,as a proper Garnishee. io A 4- IU(? Lb FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 11/19/2015 04:29:16 PM f3cC, ,41,„ 13, Respectfully submitted, on this Oday of November, 2015. ,whon, Esq. Attorne: .for Plaintiff -- __Florida ar No. 965390 ANTHONY M. LAWHON,.P.A. 5625.Strand Boulevard, Suite 512 Naples, Florida 34110 (239) 325-8956 (239) 236-3300 (fax) Tonyl awhonMawhonlaw.us Cathvraynlawhoilaw,us CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and:correct:copy of the foregoing has been efiled. with the.Court's E-Portal System and by.regular. U.S. Mail to B.Q. Concrete, L.L.C.,.6017 Pine Ridge Road, #329,Naples, FL 34109 on this 1.-°1--day of.November, 2015. f/...., An 'ny whop, Esq.:--__ Filing # 34987754 E-Filed 12/01/2015 10:42:44 AM State of Florida County of COLLIER CIRCUIT Court Case Number: 11-2015-CA-001603-0001-XX Plaintiff: LIBERTY CONCRETE AND MASONRY INC. vs. EXHIBIT Defendant: BQ CONCRETE LLC For: Anthony M. Lawhon, Esq. ANTHONY M.LAWHON,P.A. 5625 Strand Blvd. Ste. 512 Naples, FL 34110 Received by Ody's Professional Process on the 23rd day of November,2015 at 11:05 am to be served on DWIGHT E. BROCK, CLERK OF COLLIER COUNTY COURT,3315 TAMIAMI TRAIL EAST, NAPLES, FL 34112. I, DINA M. SCHLEIFER,CPS#157547,do hereby affirm that on the 25th day of November,2015 at 1:15 pm, I: served a GOVERNMENT AGENCY by delivering a true copy of the WRIT OF GARNISHMENT, CLAIM OF EXEMPTION AND REQUEST FOR HEARING with the date and hour of service endorsed thereon by me,to: LORRAIME STOLL as MANAGER for DWIGHT E.BROCK,CLERK OF COLLIER COUNTY COURT,and informed said person of the contents therein, in compliance with State Statutes. Description of Person Served:Age:60, Sex: F, Race/Skin Color:W, Height:5'6",Weight: 130, Hair: Blonde, Glasses:N PURSUANT TO FLORIDA STATUTE 92.525, I ACKNOWLEDGETHAT I AM CERTIFIED IN GOOD STANDING IN THE JUDICIAL CIRCUIT WHERE THIS PROCESS WAS SERVED, HAVE NO INTEREST IN THE ABOVE ACTION,AND AM OF LEGAL AGE. UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING VERIFIED RETURN OF SERVICE AND THAT THE FACTS STATED IN IT ARE TRUE. • • DINA M.SCHLEIFER,CPS#157547 Process Server Ody's Professional Process Post Office Box 1623 Fort Myers, FL 33902 (239)369-5214 Our Job Serial Number: ODY-2015004088 Copyright®1992-2013 Database Services,Inc.-Process Servers Toolbox V7.0t FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 12/01/2015 01:42:42 PM , 11--•a515 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR rill sf 154 COLLIER COUNTY,FLORIDA CIVIL ACTION Liberty 0 Concrete And Masonry Inc 1 fj p Plaintiff(s), vs. CASE NO: 11-2015-CA-001603-0001-XX Bq Concrete Lie Defendant(s). WRIT OF GARNISHMENT THE STATE OF FLORIDA. To Each Sheriff of the State or duly constituted public officer qualified to serve process in the state or jurisdiction: YOU ARE COMMANDED to summon the garnishee, Dwight E Brock Clerk 3315 Tamiami Trail East Naples,FL 34112,to serve an answer to this writ on Lawhon,Anthony Michael 5625 Strand Blvd Ste 512 Naples FL 341107384 3258962, plaintiff's attorney,within 20 days after service on the garnishee, exclusive of the day of service,and to file the original with the clerk of this court either before service on the attorney or immediately thereafter,stating whether the garnishee is indebted to defendant, ✓ Bq Concrete Lie ,at the time of the answer or was indebted at the time of service of the writ,or at any time between such times,and in what sum and what tangible and intangible personal property of the defendant the garnishee is in possession or control of at the time of the answer or had at the time of service of this writ, or at any time between such times,and whether the garnishee knows of any other person indebted to the defendant or who may be in possession or control of any of the property of the defendant. The amount set in plaintiff's motion is$42,081.09 plus interest. DATED on 20th of November,2015 +'��NNN CLERK OF THE CIRCUIT COURT //+GFERC°�, , II Dwight E Brock ,�� As Clerk of the Court �� FLORIDA • r lis t�Q.. �W- " r �� By: Leeona Hackler,Deputy Clerk (�1°��r‘‘‘Z2.1.'cIR�� COPY • I B NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF WAGES, MONEY,AND OTHER PROPERTY The Writ of Garnishment delivered to you with this Notice means that wages, money, and other property belonging to you have been garnished to pay a court judgment against you. HOWEVER,YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY. READ THIS NOTICE CAREFULLY. State and federal laws provide that certain wages, money, and property, even if deposited in a bank, savings and loan, or credit union, may not be taken to pay certain types of court judgments. Such wages, money, and property are exempt from garnishment. The major exemptions are listed below on the form for Claim of Exemption and Request for Hearing. This list does not include all possible exemptions. You should consult a lawyer for specific advice. IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND YOU WANT TO KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED, OR TO RECOVER ANYTHING ALREADY TAKEN, YOU MUST COMPLETE A FORM FOR CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS SET FORTH BELOW AND HAVE THE FORM NOTARIZED. IF YOU HAVE A VALID EXEMPTION, YOU MUST FILE THE FORM WITH THE CLERKS OFFICE WITHIN 20 DAYS AFTER THE DATE YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF OR THE PLAINTIFF'S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE'S ATTORNEY AT THE ADDRESSES LISTED ON THE WRIT OF GARNISHMENT. NOTE THAT THE FORM REQUIRES YOU TO COMPLETE A CERTIFICATION THAT YOU MAILED OR HAND DELIVERED COPIES TO THE PLAINTIFF OR THE PLAINTIFF'S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE'S ATTORNEY. If you request a hearing, it will be held as soon as possible after your request is received by the court. The plaintiff or the plaintiff's attorney must file any objection within eight (8) business days if you hand delivered to the plaintiff or the plaintiffs attorney a copy of the form for Claim of Exemption and Request for Hearing or, alternatively,fourteen (14) business days if you mailed a copy of the form for claim and request to the plaintiff or the plaintiffs attorney. If the plaintiff or the plaintiff's attorney files an objection to your Claim of Exemption and Request for Hearing,the clerk will notify you and the other parties of the time and date of the hearing. You may attend the hearing with or without an attorney. If the plaintiff or the plaintiffs attorney fails to file an objection, no hearing is required,the writ of garnishment will be dissolved and your wages, money, or property will be released. IF YOU HAVE A VALID EXEMPTION, YOU SHOULD FILE THE FORM FOR CLAIM OF EXEMPTION IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR PROPERTY FROM BEING APPLIED TO THE COURT JUDGMENT. THE CLERK CANNOT GIVE YOU LEGAL ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD SEE A LAWYER. IF YOU CANNOT AFFORD A PRIVATE LAWYER, LEGAL SERVICES MAY BE AVAILABLE. CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE CLERK'S OFFICE ABOUT ANY LEGAL SERVICES PROGRAM IN YOUR AREA. • 1 0 B CLAIM OF EXEMPTION AND REQUEST FOR HEARING PLAINTIFF vs CASE NO. DEFENDANT I claim exemptions from garnishment under the following categories as checked: 1. Head of family wages. (Check either a or b below,if applicable.) a. I provide more than one-half of the support for a child or other dependent and have net earnings of$750 or less per week. b. I provide more than one-half of the support for a child or other dependent, have net earnings of more than$750 per week, • but have not agreed in writing to have my wages garnished. 2. Social Security benefits. 3. Supplemental Security Income benefits. 4. Public assistance(welfare). 5. Workers' Compensation. 6. Reemployment assistance or unemployment compensation. 7. Veterans'benefits. 8. Retirement or profit sharing benefits or pension money. 9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of annuity contract. 10. Disability income benefits. 11. Prepaid College Trust Fund or Medical Savings Account. 12. Other exemptions as provided by law.(explain) I request a hearing to decide the validity of my claim. Notice of the hearing should be given to me at: Address: Telephone Number: I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this CLAIM OF EXEMPTION AND REQUEST FOR HEARING has been furnished by(circle one)United States mail or hand delivery on(insert date) ,to: (insert names and addresses of Plaintiff or Plaintiffs attorney and of Garnishee or Garnishee's attorney to whom this document was furnished) • I FURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURYthat the statements made in this request are true to the best of my knowledge and belief. Defendant's Signature Date: STATE OF FLORIDA COUNTY OF COLLIER Sworn and subscribed to before me this day of ,20 ,by (Name of person making statement) Notary Public/Deputy Clerk Personally Known or Produced Identification Type of Identification Produced IN THE CIRCUIT COURT FOR OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLER COUNTY,FLORIDA CIVIL ACTION Liberty Concrete And Masonry Inc. ) I EXHIBIT Plaintiff, ) -vs- ) CASE: 11-2015-CA-001603-0001-XX r- C7 r. rry B.Q Concrete, L.L.C., • ) r' Defendant. ) `. :. ry ANSWER OF GARNISHEE 771 Dwight E. Brock, as Clerk of the Circuit Court and Comptroller of Collier County, Florida, garnishee, by one of its attorneys, James D. Molenaar, answering the writ of garnishment in the above-entitled action, says: 1. Dwight E. Brock, as Clerk of the Circuit Court and Comptroller of Collier County, Florida (hereinafter"the Clerk") is the custodian of all Collier County funds and this power and duty is not discretionary,rather it is mandated and well established that: [T]he powers and duties of the clerk of the circuit court "shall be fixed by law." Art. II, § 5(c), Fla. Const. Section 28.12, Florida Statutes (2007),provides that the"clerk of the circuit court shall be clerk and accountant of the board of county commissioners," and that the Clerk "shall keep the minutes and accounts and perform such other duties as provided by law." Section 136.08, Florida Statutes (2007), provides that the "accounts of each and every board and the county accounts of each and every depository ... shall at all times be subject to the inspection and examination by the County auditor." Section 136.06(1) requires that checks or warrants drawn on county accounts shall be "attested by the clerk." Section 129.09, Florida Statutes (2007), imposes both personal civil liability and criminal liability on any clerk of the circuit court acting as county auditor who signs a warrant for any illegal or unauthorized payment of county funds. Brock v. Board of County Com'rs of Collier County, 21 So.3d 844, 846-847 (2009). 2. The Board of Collier County Commissioners has not yet approved an expenditure of the following amount but may perhaps be indebted to plaintiff an amount as great as $234,873.53 to Buddy Quarles and/or B.Q. Concrete, L.L.C. This amount has not been tendered to Buddy Quarles, B.Q. Concrete, L.L.C. nor any other party because the Clerk is in the process of J. conducting an audit of this requested expenditure and is currently investigating alleged misfeasance and/or malfeasance of one or more of B.Q. Concrete, L.L.C.'s employees and/or agents. As the custodian of all county funds,the goal of the Clerk is to protect public funds from misappropriation and "to verify the legality of payments . . . [and] to ensure that county funds are expended only as authorized by law. "Id. at 847. 3. The Clerk as custodian of county funds believes Collier County/Clerk may or may not be indebted to defendant, B.Q. Concrete, L.L.C, however if the Clerk determines that funds are owed to the defendant, the Clerk will maintain custody of these public funds until otherwise directed by a court of competent jurisdiction pursuant to the Writ of Garnishment. 4. It knows of no other person indebted to such defendant or who may have any effects of such defendant in his or her or its hands. The undersigned certifies that a copy hereof has been furnished to Anthony Michael Lawhon, at e-mail: Tonylawhon@lawhonlaw.us and and mail delivery 5625 Strand Blvd. Ste. 512,Naples, Florida 34110-7384 on December 8, 2015. DATED: December 8, 2015 c.aar#44-4140 ames D. Molen Attorney for Garmerk of the Circuit Court and Comptroller of Collier County Fla Bar# 0022785 Clerk of the Circuit Court 3299 Tamiami Trail East, Ste. #402 Naples, Florida 34112-5746 239-252-2283 James.Molenaar@CollierClerk.com Filing # 35384437 E-Filed 12/10/2015 11:36:27 AM \ S 'iE?' IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,STATE OF FLORIDA CIVIL ACTION t EXHIBIT LIBERTY CONCRETE &MASONRY, INC., A Florida Corporation, Plaintiff, v. Case No.: 15-CA-16o3 B.Q. CONCRETE, L.L.C., A Florida Limited Liability Company, Defendant. PLAINTIFF'S MOTION FOR ENTRY OF FINAL JUDGMENT ON GARNISHMENT COMES NOW Plaintiff,LIBERTY CONCRETE AND MASONRY,INC., by and through, its undersigned counsel, and hereby moves for the entry of a final judgment against, Garnishee, DWIGHT E.BROCK, CLERK OF COURT, and as further grounds therefore, states as follows: 1. As the recordin this cause reflects, this Court issued a Writ of Garnishment against the Garnishee, DWIGHT E. BROCK, CLERK OF COURT on,November 20, 2015,which was thereafter duly served on said Garnishee on November 25, 2015,at 1:15 P.M.as shown bythe copy of the Affidavit of Service of the Writ of Garnishment attached hereto and incorporated herein, by reference as Exhibit"A". 2. Garnishee filed an Answer to the subject Writ.of Garnishment on December 8, 2015. In the answer, Garnishee admitted holding over.$200,000.00 that. maybe subject to Plaintiffs Writ. FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 12/10/2015 12:14:27 PM 1 0 0 3. In that the Plaintiff, LIBERTY CONCRETE AND MASONRY, :INC. has affirmatively proven the total amount of the indebtedness properly owed by Defendant by Judgment and the Garnishee,.DWIGHT E.BROCK,CLERK OF COURT, to the Judgment''Plaintiff, Plaintiff is now entitled to the entry of.a Final Judgment against: the Garnishee, DWIGHT E. BROCK, 'CLERK OF COURT,for the principal sum of$42,081.09,plus interest,attorney's fees and costs. 4. Plaintiff has retained undersigned;counsel to represent it in this action,,and is required to pay their counsel a reasonable fee. WHEREFORE, Plaintiff, LIBERTYCONCRETE AND MASONRY, INC., respectfully' requests this Court.,to grant it the above relief and enter. a Final Judgment,in its favor against the,Garnishee, DWIGHT E. BROCK, CLERK OF COURT, for all damages, costs, attorney's fees andinterest as permitted by law, and for such other and furtherrelief as this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been efiled. with the Court's :E-Portal System; to James D. 'Molenaar, Esq., James.Molenaar@CollierClerk.corn, 3299 Tamiami Trail East, Ste. #402, Naples, FL 3.4112, and by.regular U.S. Mail to B.Q. Concrete,L.L.C., 6017 Pine Ridge Road, #329, Naples,FL 34109'on this . t ii--day of.December, 2015. Anthon . Lawhon,.Es . ... • Florida Bar No.965390 ANTHONY M. LAWHON, P.A.. 5625 Strand'Boulevard, Suite 512 Naples, Florida 34110 (239)325-8956 (239)236-330o (fax) Tonylawhon Cd)lawhonlaw.us Cathyrav Plawhonlaw.us. 1013 RETURN OF SERVICE State of Florida County of COLLIER CIRCUIT Court Case Number:11-2015-CA-001603-0001-XX Plaintiff: LIBERTY CONCRETE AND MASONRY INC. vs. Defendant: BQ CONCRETE LLC For: Anthony M.Lawhon;Esq. ANTHONY M.LAWHON,P.A. 5625 Strand Blvd. Ste.512 Naples,FL 34110 Received by Ody's Professional Process on the 23rd day of November,.2015 at 11:05 am to be served on DWIGHT E. BROCK, CLERK OF COLLIER COUNTY COURT,3315 TAMIAMI.TRAIL EAST,NAPLES,FL 34112. I,DINA M.SCHLEIFER, CPS#157547,do hereby affirm that on the 25th day of November,2015 at 1:15 pm,I:. served a GOVERNMENT AGENCY by delivering a true copy of the WRIT OF GARNISHMENT,CLAIM OF EXEMPTION AND REQUEST FOR HEARING with the date and hour of service endorsed thereon by me,to:LORRAIME STOLL as MANAGER for DWIGHT E.BROCK,CLERK OF COLLIER COUNTY COURT,and informed said person of the contents therein,in compliance with State Statutes. Description of Person.Served:Age:60, Sex:F,Race/Skin Color:W,Height:5'6",Weight:130,Hair: Blonde,Glasses: N. PURSUANT TO FLORIDA STATUTE 92.525,I ACKNOWLEDGE THAT I AM CERTIFIED IN GOOD STANDING IN THE JUD'.CIAL CIRCUIT WHERE THIS PROCESS WAS SERVED,HAVE NO INTEREST IN THE ABOVE ACTION,AND AM OF LEGAL AGE. UNDER PENALTY OF PERJURY.I DECLARE THAT I HAVE READ THE FOREGOING VERIFIED RETURN OF SERVICE AND THAT THE FACTS STATED IN IT ARE TRUE. • 0 '-' `-‘,' li S ' tpt4 . DINA M.SCHLEIFER,CPS#157547f Process Server Ody's Professional Process Post Office Box 1623 Fort Myers,FL 33902 (239)369-5214 Our Job Serial Number:ODY-2015004088 Copyright®1932-2013 Database Senlces.lnc. Process Server's Toolbox V7.Ot ¢ EXHIBIT t1G I 1013 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, STATE OF FLORIDA CIVIL ACTION LIBERTY CONCRETE&MASONRY,INC., A Florida Corporation, Plaintiff, v. Case No.: 15-CA-1603 B.Q.CONCRETE, L.L.C., A Florida Limited Liability Company, $ EXHIBIT Defendant, s -� W and DWIGHT E. BROCK,as Clerk of the Circuit Court and Comptroller of ; ? �� Collier County, Florida, Garnishee. FINAL JUDGMENT OF GARNISHMENT THIS CAUSE having come before the Court on March 31, 2016, at a duly noticed hearing, and the Court having considered the argument of counsel, and being fully advised in the premises,it is hereby ORDERED AND ADJUDGED: 1. Pursuant to a contract between the political subdivision of Collier County, Florida(hereinafter"County")and Defendant B.Q. CONCRETE, LLC(hereinafter"BQ"), the Garnishee, DWIGHT E. BROCK, as Clerk of the Circuit Court and Comptroller of Collier County, Florida,3299 Tamiami Trail East,Ste.402,Naples,FL 34112(hereinafter "Clerk"),has received invoices from BQ totaling in excess of$220,000.00. 2. The Clerk has sequestered sufficient County funds to pay the invoices from BQ (hereinafter "Invoices"), and the Clerk, in conjunction with the Board of County Commissioners (hereinafter "BOCC"), is in the process of investigating the Invoices to Page 1 of 3 I determine whether all or part of them are due and payable. 3. In the absence of formal approval of the Invoices by both the Clerk and Board of County Commissioners(hereinafter"BOCC"),none of which have occurred,the Clerk is not authorized to make any payments to BQ at this time. 4. The Clerk shall exercise all reasonable diligence in completing its investigation of the Invoices, and if it determines payment is due, it shall exercise the same diligence facilitating authorization for payment from the BOCC. 5. If at any time hereafter the BOCC and the Clerk formally approve any of the Invoices, , the Court finds that for purposes of this Plaintiffs Writ of Garnishment only, the County's obligation to pay BQ relates back to the date the Plaintiffs Writ of Garnishment was served on the Clerk,and before paying BQ,or any other creditor of BQ, the Clerk shall pay to the Plaintiff, LIBERTY CONCRETE & MASONRY, INC., 6775 Old Banyan Way, Naples, Florida 34109, the sum of $42,081.09. plus costs of $219.80, attorney's fees of $1.800.00, and interest of $860.36 (with a per diem of $5.48/day),for a total of$4.4,961.25,said amounts heretofore withheld pursuant to the Writ of Garnishment and set aside pursuant to Garnishee's Answer. 6. Plaintiff shall furnish, Dwight E. Brock, Clerk of the Circuit Court and Comptroller of Collier County with a Satisfaction of Judgment in Garnishment when the Judgment,including all costs and interest,is paid in full;and A. B.Q. Concrete, L.L.C. with a Satisfaction of Judgment when the Judgment,including all costs and interest,is paid in full; and B. The Court with copies of the Satisfactions,if any. FOR WHICH LET EXECUTION ISSUE FORTHWITH. Page 2 of 3 DONE and ORDERED in chambers, at Naples, Collier County, Florida on this day of April 2016. HON ,HUG YES CIRCUIT COURT JUDGE Copies to: Anthony M. Lawhon, Esq. James D. Molenaar, Esq. B.Q. Concrete, L.L.C., 6017 Pine Ridge Road, #329,Naples, FL 34109 Page 3 of 3 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, STATE OF FLORIDA CIVIL ACTION LIBERTY CONCRETE &MASONRY, INC., A Florida Corporation, Plaintiff, v. Case No.: 15-CA-1603 B.Q. CONCRETE, L.L.C., A Florida Limited Liability Company, EXHIBIT Defendant, _4_ and DWIGHT E. BROCK, as Clerk of the Circuit Court and Comptroller of Collier County, Florida, Garnishee. AGREED AMENDED FINAL JUDGMENT OF GARNISHMENT THIS CAUSE having come before the Court on March 31, 2016, at a duly noticed hearing, and the Court having considered the argument of counsel, and being fully advised in the premises,it is hereby ORDERED AND ADJUDGED: 1. Pursuant to a contract between the political subdivision of Collier County, Florida(hereinafter"County") and Defendant B.Q. CONCRETE, LLC(hereinafter"BQ"), the Garnishee, DWIGHT E. BROCK, as Clerk of the Circuit Court and Comptroller of Collier County,Florida, 3299 Tamiami Trail East, Ste.402,Naples, FL 34112(hereinafter "Clerk"),has received invoices from BQ totaling in excess of$220,000.00. 2. The Clerk has sequestered sufficient County funds to pay the invoices from BQ (hereinafter "Invoices"), and the Clerk, in conjunction with the Board of County Commissioners (hereinafter "BOCC"), is in the process of investigating the Invoices to Page 1 of 3 FILEDO5'i 1"161102Col l ierC:o 1 0 B determine whether all or part of them are due and payable. 3. In the absence of formal approval of the Invoices by both the Clerk and Board of County Commissioners(hereinafter"BOCC"),none of which have occurred,the Clerk is not authorized to make any payments to BQ at this time. 4. The Clerk shall exercise all reasonable diligence in completing its investigation of the Invoices, and if it determines payment is due, it shall exercise the same diligence facilitating authorization for payment from the BOCC. 5. If at any time hereafter the BOCC and the Clerk formally approve any of the Invoices, , the Court finds that for purposes of this Plaintiffs Writ of Garnishment only, the County's obligation to pay BQ relates back to the date the Plaintiffs Writ of Garnishment was served()Tithe Clerk,and before paying BQ,or any other creditor of BQ, the Clerk shall pay to the Plaintiff, LIBERTY CONCRETE & MASONRY, INC., 6T75 Old Banyan Way, Naples, Florida 34109, the sum of $42,081.o9t plus costs of $219.80, attorney's fees of $1,800.00, and interest of $860.36 (with a per diem of $5.48/day),for a total of$44,961.25,said amounts heretofore withheld pursuant to the Writ of Garnishment and set aside pursuant to Garnishee's Answer, and which shall continue to bear interest at the statutory rate until paid. 6. Plaintiff shall furnish, Dwight E. Brock, Clerk of the Circuit Court and Comptroller of Collier County with a Satisfaction of Judgment in Garnishment when the Judgment,including all costs and interest, is paid in full; and A. B.Q. Concrete, L.L.C. with a Satisfaction of Judgment when the Judgment,including all costs and interest,is paid in full; and B. The Court with copies of the Satisfactions,if any. FOR WHICH LET EXECUTION ISSUE FORTHWITH. Page 2 of 3 • ISP DONE and ORDERED in chambers, at Naples, Collier County, Florida on this AD day of May, 2016. HONNltellif I? . S CIR IT COURT JUDGE Copies to: Anthony M. Lawhon, Esq. James D. Molenaar, Esq. B.Q.Concrete,L.L.C., 6017 Pine Ridge Road, #329,Naples, FL 34109 1/1 ti0,,1c'5/6/vi Page 3 of 3