Agenda 05/13/2013 Item #16D155/14/2013 16.D.15.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier
County Board of County Commissioners, against Custom Industries of Naples, Inc., in the
Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, and
pursue all other avenues of collection to recover materials and services paid for in full by
Collier County Parks and Recreation, in the amount of $20,490, plus the costs of litigation.
OBJECTIVE: For the Board of County Commissioners to authorize the County Attorney to file
a lawsuit in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida
against Custom Industries of Naples, Inc., and pursue all other avenues of collection to recover
materials and services paid for in full by Collier County Parks and Recreation, in the amount of
$20,490, plus the costs of litigation.
CONSIDERATIONS: On or about September 13, 2012, Custom Industries provided a
proposal to Collier County Parks and Recreation to provide and install three awnings,
specifically: (1) octagon awning $5,191.00, (2) square soccer field awning $6,309.00, and (3)
softball field awnings $8,990.00. The proposal required a fifty percent deposit with the order
and the remaining amount due on installation. The total amount of the proposal was $20,490.00.
Custom Industries subsequently submitted two invoices to Collier County Parks and Recreation,
both dated September 20, 2012. Each invoice was for $10,245.00 respectively, equaling the total
proposed amount of $20,490.00. Both invoices were processed and paid on October 24, 2012 by
the County.
To date, Custom Industries has failed and/or refused to provide the materials and services
identified in the proposal. As such, Custom Industries owes Collier County Parks and
Recreation a full refund for the total amount of $20,490.00.
A Collier County Parks and Recreation staff member contacted Custom Industries and collected
some unknown amount of material from the Mercantile Avenue location. This material is not
sufficient to complete the job that the County paid for and is not in compliance with the terms of
the proposal. The staff member who approved payment to Custom Industries for work that was
not done is no longer employed by the County. The County has not received a response from
Custom Industries in regards to the numerous requests for reimbursement and now wishes to
proceed with litigation and pursue all other avenues of collection.
FISCAL IMPACT: Funds are available for filing and legal fees from the Collier County Parks
and Recreation Department.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
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LEGAL CONSIDERATIONS: Both the County Attorney and the Parks & Recreation Director
opine that the County has no other recourse for recovery of the $20,490 expended. This item is
legally sufficient for Board action and requires a majority vote only. — KLN
RECOMMENDATION: That the Board of County Commissioners authorize the County
Attorney to file a lawsuit in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida against Custom Industries of Naples, Inc., to recover the amount of $20,490,
plus the costs of litigation.
PREPARED BY: Barry Williams, Director Parks & Recreation
Kevin L. Noell, Assistant County Attorney
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5/14/2013 16.D.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.15.
Item Summary: Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against Custom Industries of
Naples, Inc., in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, and pursue all other avenues of collection to recover materials and services paid for in
full by Collier County Parks and Recreation, in the amount of $20,490, plus the costs of
litigation.
Meeting Date: 5/14/2013
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
5/2/2013 4:28:51 PM
Approved By
Name: BetancurNatali
Title: Operations Analys, Parks & Rec -NCRP Admin
Date: 5/3/2013 8:09:38 AM
Name: NoellKevin
Title: Attorney of Record (CAO)
Date: 5/3/2013 11:03:01 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/3/2013 2:31:30 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 5/7/2013 9:07:25 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/7/2013 11:50:59 AM
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Name: OchsLeo
Title: County Manager
Date: 5/7/2013 1:03:20 PM
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5/14/2013 16.D.15.