Agenda 01/27/2015 Item #16G1 1/27/2015 16.G.1 .
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Collier County Airport
Authority, approve a Budget Amendment from the General Fund in order for the Airport
Authority to satisfy a Final Judgment for$274,212.21 (plus statutory interest) in the case of Quality
Enterprises USA,Inc.v. Collier County Airport Authority(Case No. 12-4345 CA).
OBJECTIVE: To satisfy a Final Judgment entered against the Collier County Airport Authority.
CONSIDERATIONS: The case of Quality Enterprises USA, Inc. v. Collier County Airport Authority
was tried before a jury on December 16th and 17th, 2014. The case involved a breach of contract action
stemming from a June 14, 2007 contract that Quality Enterprises was awarded for the construction of a
lake at the Immokalee Airport. During the course of that project, the Airport Authority essentially
bartered $240,000 worth of additional services for the construction of an Airport Parking Apron in
exchange for the fill dirt that Quality Enterprises had removed to create the lake.
Following completion of the Project in or about June of 2008, Quality Enterprises removed some of the
fill. The economic downturn then hit, and the remaining dirt was left. A few years passed, economic
activity began to pick up, and Quality Enterprises sought to remove the remaining fill. By this time, a
new Executive Airport Director was in place, and it was determined that removal of the fill would require
the issuance of an appropriate permit. The parties remained at impasse, and in December of 2012 Quality
Enterprises filed suit for breach of Contract against the Authority seeking unspecified damages.
On March 26, 2013, the Clerk presented the Board with an Audit Report of this transaction. The Audit
Report noted a number of concerns including grant-related concerns; the Lake Project was funded by a
USDA grant. The parties attended Court-Ordered Mediation, but the parties were not able to finally settle
this matter resulting in the jury trial in December 2014.
On December 17, 2014, the jury found in favor of Quality Enterprises and awarded Quality Enterprises
$196,656.00 (damages), plus statutory interest in the amount of$77,556.21 for a total of$274,212.21.
Interest will continue to accrue at the statutory rate of $25.59 (4.75%), per day, until the judgment is
satisfied.
FISCAL IMPACT: Final Judgment for $274,212.21 (plus statutory interest of $25.59/day).
Sufficient budget does not exist within the Airport Family of funds to pay the judgment amount.
Therefore, budget amendments will be necessary moving funds in the amount of $275,800 from the
General Fund as an advance to Airport capital fund(496).
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners, acting as the Collier County
Airport Authority, approve a Budget Amendment from the General Fund in order for the Airport
Authority to satisfy a Final Judgment for $274,212.21 (plus statutory interest) in the case of Quality
Enterprises USA,Inc.v. Collier County Airport Authority(Case no. 12-4345 CA).
Prepared by: Colleen M. Greene,Assistant County Attorney
Attached: Final Judgment dated January 2,2015
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1/27/2015 16.G.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.G.16.G.1.
Item Summary: Recommendation that the Board of County Commissioners, acting as the
Collier County Airport Authority, approve a Budget Amendment from the General Fund in order
for the Airport Authority to satisfy a Final Judgment for$274,212.21 (plus statutory interest) in
the case of Quality Enterprises USA, Inc.v. Collier County Airport Authority(Case No. 12-4345
CA).
Meeting Date: 1/27/2015
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
1/14/2015 10:22:53 AM
Approved By
Name: MarkiewiczJoanne
Title: Director-Purchasing/General Services,Purchasing&General Services
Date: 1/14/2015 3:04:23 PM
Name: MarkiewiczJoanne
Title: Director-Purchasing/General Services,Purchasing&General Services
Date: 1/14/2015 3:04:36 PM
Name: HerreraSandra
Title: Manager-Procurement,Purchasing&General Services
Date: 1/15/2015 9:16:58 AM
Name: JohnsonScott
Title: Manager-Procurement,Purchasing&General Services
Date: 1/15/2015 9:32:45 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/20/2015 2:36:14 PM
Name: GreeneColleen
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1/27/2015 16.G.1.
Title:Assistant County Attorney, CAO General Services
Date: 1/20/2015 2:41:43 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 1/20/2015 2:55:29 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/21/2015 8:37:29 AM
Name: OchsLeo
Title: County Manager,County Managers Office
Date: 1/21/2015 11:06:44 AM
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21" 1/27/2015 16.G.1.
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA °
CIVIL ACTION ` ' r-
QUALITY ENTERPRISES USA, INC., cn =D'�
a Virginia corporation, =�
•
Plaintiff, _, w
F-4
v. Case No.: 12-4345-CA — °rJ
COLLIER COUNTY AIRPORT AUTHORITY,
Defendant.
FINAL JUDGMENT
This case was tried to a jury on December 16, 2014 and December 17, 2014,
and based on the verdict rendered in this action:
IT IS ADJUDGED that Plaintiff Quality Enterprises USA, Inc., whose address is
3894 Mannix Drive, Suite 216, Naples, Florida 34114, recover from Defendant Collier
County Airport Authority, whose address is 2005 Mainsail Drive, Suite #1, Naples,
Florida 34114, the principal sum of$196,656.
IT IS ALSO ORDERED AND ADJUDGED that Plaintiff is entitled to prejudgment
and post judgment interest at the statutory rates beginning on June 1, 2008. Through
January 1, 2015, Plaintiff is entitled to recover interest in the amount of $77,556.21,
which, when added to the principal sum, results in a total of $274,212.21, for which let
execution issue. Per diem interest at the current statutory rate of 4.75% is $25.59, and
that amount shall be added to the judgment for each day after January 1, 2015 until the
judgment has been satisfied.
[4094-000512141185/1]
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1/27/2015 16.G.1 .
The Court reserves jurisdiction to enforce this Final Judgment.
41‘'
DONE AND ORDERED at Naples, Florida, on this ,A day of e 1
20 /S .
HONG' ,. :LEZMES R. SHENKO
Circuit :urt Judge
Conformed copies to:
Edward K. Cheffy, Esq.
Clay C. Brooker, Esq.
Gregory N. Woods, Esq.
Colleen M. Greene, Esq.
(4094-0005/2141185/11
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