The URL can be used to link to this page

Agenda 07/26/2016 (In Absentia) Item #12A07/26/2016 EXECUTIVE SUMMARY Recommendation to approve five unpaid invoices for Purchase Order Nos. (1) 4500160254 (in the sum of $34,200); (2) 4500165598 (in the sum of $49,697); (3) 4500165569 (in the sum of $5,850; (4) 4500164552 (in the sum of $48,780); and (5) 4500166735 (in the sum of $49,975). OBJECTIVE: To resolve a vendor payment dispute. CONSIDERATIONS: At its July 12, 2016 regular meeting (during Public Comment), the Board of County Commissioners heard from Kyle Abraham of Kyle Construction Inc. Mr. Abraham advised the Board that he was having difficulties getting paid on staff -approved invoices totaling $188,502. Simply stated, it is the position of the contractor and staff that these invoices were for work quoted as lump -sum (and that no back-up was necessary), and the Clerk’s position that they would not pay without the appropriate back-up (which may not exist). After a lengthy discussion, the Board directed that the County Manager and County Attorney bring an Executive Summary based on quantum meruit on the in-abstentia agenda in an attempt to get the contractor paid Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: The invoices total $188,502. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Broadly speaking, quantum meruit is an equitable legal principle to determine the amount to be paid for services when no contract exists or when there is doubt as to the amount due for the work performed but done under circumstances when payment could be expected. Although there is a contract in place here, the method of payment is under dispute. As set forth in the back-up, Staff has reviewed the invoices as well as the work that has been done and have concluded that in each instance the payment requested by the contractor represents fair market value and is reasonable for the work that was done. Accordingly, this item is approved as to form and legality. Majority support of the Board is required for approval. - JAK GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approves five unpaid invoices for Purchase Order Nos. (1) 4500160254 (in the sum of $34,200); (2) 4500165598 (in the sum of $49,697); (3) 45001655609 (in the sum of $5,850; (4) 4500164552 (in the sum of $48,780); and (5) 4500166735 (in the sum of $49,975. PREPARED BY: Jeffrey A. Klatzkow, County Attorney. ATTACHMENT(S) 1. July 12 Item #7 (Excerpt) - DRAFT (DOCX) 12.A Packet Pg. 279 07/26/2016 2. Letter PO 4500160254 (PDF) 3. Letter PO 4500164552 (PDF) 4. Letter PO 4500165569 (PDF) 5. Letter PO 4500166735 (2) (PDF) 6. Letter PO 4500165598 (PDF) 12.A Packet Pg. 280 07/26/2016 COLLIER COUNTY Board of County Commissioners Item Number: 12.A Item Summary: Recommendation to approve five unpaid invoices for Purchase Order Nos. (1) 4500160254 (in the sum of $34,200); (2) 4500165598 (in the sum of $49,697); (3) 4500165569 (in the sum of $5,850; (4) 4500164552 (in the sum of $48,780); and (5) 4500166735 (in the sum of $49,975). Meeting Date: 07/26/2016 Prepared by: Title: Legal Assistant/Paralegal – County Attorney's Office Name: Virginia Neet 07/26/2016 4:15 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 07/26/2016 4:15 PM Approved By: Review: Public Utilities Department Virginia Neet Level 1 Division Reviewer Skipped 07/26/2016 4:53 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 07/26/2016 5:05 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/26/2016 4:55 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/26/2016 4:56 PM Budget and Management Office Ed Finn Level 3 OMB 1st Reviewer 1-4 Completed 07/26/2016 5:00 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/27/2016 10:01 AM Board of County Commissioners MaryJo Brock Meeting Pending 07/26/2016 12:00 AM 12.A Packet Pg. 281 June 12, 2016 (Excerpt Item #7 – Page 1) EXCERPT TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, July 12, 2016 Excerpt from Item #7 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Donna Fiala Tom Henning Georgia Hiller Tim Nance Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Director of Finance and Accounting Troy Miller, Communications & Customer Relations 12.A.a Packet Pg. 282 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 2) Requested Excerpt Portion of Item #7 (07/12/2016 BCC Meeting) ***** Item #7 – Excerpt PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. ABRAHAM: Good morning, Commissioners. My name's Kyle Abraham. I'm with Kyle Construction, Inc. I am a local contractor; underground contractor. I do a lot of work for Collier County. We've been in business here for 23, 25 years; numerous, numerous projects for Collier County. I live here locally. I have two kids. They go to school here. I'm a second generation in the utility business. I'm having a problem getting paid from the Clerk of Courts. Right now I'm owed $188,502 that is outstanding. I've had invoices that are back from February that are being denied. I gave a proposal for a lump sum, a work order is processed for a lump sum, a purchase ordered is issued for a lump sum, an invoice is sent for a lump sum, and it's denied by the Clerk's Office. I was just awarded another $1.3 million project to do the water main down in Naples South. I love Collier County. I live here. I'm just trying to get paid. You know, I've tried to meet with Mr. Brock and come to some sort of resolution, and basically it's my fault, according to him, as why I'm not getting paid. Nothing's changed; we've done business forever. Ms. Hiller spoke of it earlier and she says, he wasn't the watchdog for the past 20 years, and now all of a sudden he is? I don't understand what's 12.A.a Packet Pg. 283 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 3) changed. And I haven't done anything different. I just -- I don't know where to turn or where to go, but I'm out $188,000, and he's telling me that he's not going to pay me. I have purchase orders, invoices, everything for a lump sum price signed by everybody. The work's been completed, invoices submitted, and then I don't get paid. So I'm just coming here to -- I know this is an ongoing issue, and I'm not the first person, but I'd just like to bring it to the attention and see if I can get some help or assistance because I'm not getting anywhere. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. Sir, a member of the county staff, Kelli Wolin, sent you an email, and I'm going to read it. As previously requested, in order to verify the percent markup, subcontractor and/or material per contract, additional information is required. Until the request (sic) backup is received, this will not be considered for -- a valid invoice and, therefore, rejected for payment. This is not a Clerk issue. This is a county issue. That is a member of our staff, sir. MR. ABRAHAM: That is a member of purchasing, who's getting it denied from the Clerk's Office, is what they're telling me. COMMISSIONER HENNING: This is the accountant for Public Utilities. MR. ABRAHAM: Correct. COMMISSIONER HENNING: Okay. So you -- and you continually refuse to provide the backup information. In fact -- MR. ABRAHAM: There's no backup documentation to be provided on a lump sum contract. COMMISSIONER HENNING: No. Your contract is not lump sum, okay. It's time and material. The county employee -- don't argue with me. The county employee said we need more information for 12.A.a Packet Pg. 284 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 4) time and material in subcontractors. Hang on. You said you met with the Clerk of Court -- I'm aware of that -- and also within that meeting was members of the Clerk's staff to resolve this issue, besides a judge that they use for their dispute policy. And in that meeting, sir, you said you determine this lump sum by waking up in the morning and figuring out how much you need to make that day. That isn't how we do business in Collier County, and we cannot do that. As requested by the county staff and the Clerk, sir, you need to provide more information so it can be validated per the contract that you signed. You signed that contract, all right. Provide the information needed. And I know that our staff wants to work with you to see you paid once you provide that information. I know the Clerk's staff wants to cut that check once you provide that information. We are here as stewards of the taxpayers' money not to provide you money based upon what you wake up in the morning and need to make that day. CHAIRMAN FIALA: We don't need to lecture him. COMMISSIONER HILLER: Let him speak. COMMISSIONER HENNING: I'm done. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: The first thing I'd like to address is this meeting you had with the Clerk where you said a mediator was present. And my understanding from Commissioner Henning was that it was a judge. My understanding is that it's a retired judge. MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: My understanding is that it was Judge Blackwell? MR. ABRAHAM: Yes, ma'am. 12.A.a Packet Pg. 285 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 5) COMMISSIONER HILLER: And Mr. -- or I should say Retired Judge Blackwell is not an impartial mediator; are you aware of that? He's not independent of the Clerk. He was not unbiased. He's not there to mediate in fairness to both parties to draw a resolution. Did the Clerk represent that Retired Judge Blackwell represented only the Clerk's Office? MR. ABRAHAM: No. He just said that he was there just to mediate and to -- COMMISSIONER HILLER: To mediate. MR. ABRAHAM: -- to watch over. COMMISSIONER HILLER: Okay. Well, if he's there to mediate and watch over the discussion, he has to be independent. And just for your information, Judge Blackwell is not independent in his opinion of the Clerk. In fact, he just publicly endorsed the Clerk in his race and is clearly a friend of and biased towards the Clerk. So as a mediator in that hearing, you did not have a fair process. And one of the things that we have done as the Board of County Commissioners is we have adopted a process to address disputes like yours to have an independent official who would properly address the evidence presented, not bias to the county or bias to the vendor, but fairly and impartially, and clearly what you were subjected to is not that. And so as a result, the process that you just experienced was unfair and can't be relied on to draw a proper conclusion. That's the first issue I'd like to make. The second issue I'd like to make is -- and I did read your email -- you clearly articulated that what has happened to you is in violation of the Prompt Payment Act, which is the Florida Statute that governs the process for all clerks and all counties that that clerk -- that those clerks serve with respect to how invoices shall be paid within what time frame and, if there is a dispute, how those disputes shall be resolved 12.A.a Packet Pg. 286 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 6) and within a specific time frame. And as I understand from your email, you did not receive the response within the time frames set by statute; is that correct? I mean, you keep nodding your head. I want you to understand -- MR. ABRAHAM: Yes. I don't want to interrupt. COMMISSIONER HILLER: No, no. I'd like to -- when I ask a question, do interrupt me, please. And the reason I ask for you to do that is because we have a court reporter who is documenting this hearing, and the problem is, is that the court reporter can't see your head nod and will not -- MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: -- write a note and say he is nodding his head no or yes. So just, please, when I ask a question, just so that I understand also -- MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: -- and there's no ambiguity in this discussion. MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: So going back to what I was saying, you did not receive notice according to the timeline -- the timelines prescribed by the Prompt Payment Act, correct? MR. ABRAHAM: No, ma'am. The only notice that I ever was given was what Mr. Henning spoke of, that they needed more backup documentation, which I stated that there's no backup documentation to give on a lump sum proposal. COMMISSIONER HILLER: Right. And how long after submitting your invoice did you get that information? MR. ABRAHAM: Usually they give -- they reject it about 30 days after, is when they'll tell me, oh, we need more backup, and then I respond, there's no more backup to give, and then it just goes into space and -- 12.A.a Packet Pg. 287 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 7) COMMISSIONER HILLER: Right. And as you know, the Prompt Payment Act says that you are supposed to receive notice within 10 days in writing and that you are supposed to be also provided in writing at that time the specific documents that you need to provide or the answers to the questions that they need answered in order for them to be able to satisfy themselves. MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: And then there's supposed to be a dispute resolution process, as we as the Board adopted by way of law, for the period between Day 10 and Day 60. MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: And, County Manager, can you please provide a copy of that process -- MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: -- to Kyle. The next issue that I want to address is -- I looked at your history. I requested staff give me a history of how you have been paid. And, quite frankly, the evidence speaks for itself. All your projects that have been lump sum projects have been paid with -- and here's the comment -- no backup requested by Clerk. No backup requested by Clerk, over and over and over again, and you have been paid on these lump sum contracts with no backup requested by Clerk over and over again. And these are not small payments: 95,000; 73,000; 29,000; 24,900; $29,475. CHAIRMAN FIALA: Were these all recent or in the last few years? COMMISSIONER HILLER: Yes. These are all -- I'm going -- I'm looking -- these are all payments that were made October 21st, 2015. Here's -- and when you did do emergency work, which was on a time-and-materials basis and that was the nature of the contract, backup material was requested of you, and you provided it -- 12.A.a Packet Pg. 288 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 8) MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: -- and it was paid. So we have a clear inconsistency. We've got a time-and-materials contract where you've done emergency work where you were requested to provide backup, you provided it, and you were paid. And on lump sum contracts, when you submitted those invoices and performed the work, you were paid with no backup requested by the Clerk, and then all of a sudden -- all of a sudden, in February of 2016 -- MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: -- he started rejecting the -- MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: -- lump sum invoices, notwithstanding that all invoices prior, based on the same kind of contract, were paid. MR. ABRAHAM: Yes, ma'am. CHAIRMAN FIALA: When -- was this contract -- I'm sorry if I'm interrupting you. COMMISSIONER HILLER: No. I think -- I want this introduced in the record. CHAIRMAN FIALA: Was this contract issued to you? And I'm guessing it's from Public Utilities. MR. ABRAHAM: Yes, ma'am. CHAIRMAN FIALA: I'm not as well versed as everybody else up here. Was that contract issued to you as a lump sum contract? MR. ABRAHAM: The agreement that we're working under is a big contract for utility contractors. You guys have a list of five or six local utility contractors. We participate in a rotation for emergency work. In this contract we gave rates for the emergency work. If the water main were to blow up in the middle of Airport Road right now, instead of just handing a bill in at the end of the job, we have set rates 12.A.a Packet Pg. 289 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 9) for every machine, every guy, everybody, to protect you guys, and that's what this contract was for. The jobs that I haven't been paid for were proposed as lump sum jobs; they were accepted as lump sum jobs; they were processed as lump sum jobs. I did the job, I sent the bill as a lump sum, and here we are. CHAIRMAN FIALA: I see, okay. That's what I wanted to know. I mean, it was issued as a -- MR. ABRAHAM: Oh, yes. CHAIRMAN FIALA: -- lump sum contract? MR. ABRAHAM: I have purchase orders for lump sum work orders issued, lump sum. CHAIRMAN FIALA: Okay. Okay. I just wanted -- because I didn't have any of the information that others have. Okay. I'm sorry, Commissioner Hiller. COMMISSIONER HILLER: So just to conclude, you're not being denied payment because the Clerk has uncovered some sort of fraud? MR. ABRAHAM: Oh, I'm the farthest guy from fraud. COMMISSIONER HILLER: Okay. And so you are being denied because now the Clerk wants backup on a lump sum contract when on all of the previous payments to the tune of hundreds of thousands of dollars he did not require that. MR. ABRAHAM: Correct. So that's why I said, I don't know what's changed. We've been doing business a long time. I give a price, it's accepted, it's processed as a lump sum, and I bill it as a lump sum. You know, the emergency work -- like you said, every emergency repair is broken down in a time and material as it should be. There's some projects that when they are bid, they are bid as a time-and-material line item. And going into that, we know it will need 12.A.a Packet Pg. 290 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 10) to be broken down. But when it's bid as a lump sum, processed that way, and then the work's performed, and then at the end, come back and say, well, it doesn't work that way, I'm a little bit confused. CHAIRMAN FIALA: Does George Yilmaz have anything to say about this? MR. OCHS: Yeah. Ma'am, we have our interim Procurement Services director that can give you a little quick history on the contract. I think it might be helpful for the Board to have some context of the contract. CHAIRMAN FIALA: Yeah. And I'm just trying to understand what other people seem to have in front of them but I do not. MR. OCHS: Okay. Ms. Kearns, if you could, please. MS. KEARNS: Good afternoon -- oh, good morning, still. Allison Kearns, interim Procurement Services director. I've had a little bit of time to do some research on this, and I just want to take you very quickly through the history of this contract so we're all on the same page. Okay. The Board originally approved this agreement, 146213, for underground utility contractors about two years ago, back in July of 2014. Six contractors were awarded under this particular bid; one being Kyle Construction. Now, the original contract had language that said the owner shall pay the contractor for the performance of the work pursuant to the quoted price offered by the contractor in his response to a specific request for a quotation. Now, also within that contract it was set up specifically to have tiers of certain dollar thresholds where more than one quote would be required for work over $50,000. So as you can see the procedures -- this is a little difficult to see -- for nonemergency work with a value of $50,000 or less, Project Management staff only has to go out to one of the contractors selected 12.A.a Packet Pg. 291 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 11) to receive that request for quotation; over 50,000 and less than 200,000, they shall solicit quotes from all of the contractors on this bid; and for projects with a value of over 200,000, they must be brought before you for approval. Now, right after this was awarded in October of 2014, a clarification was brought to the Board. Amendment No. 1 stated the contractor will be compensated for time-and-material work including material and specialty equipment markup either for emergency or nonemergency work in accordance with the rate sheet attached hereto as Exhibit A1A and is hereby incorporated by reference. Markup for subcontractors shall not exceed 10 percent. Now, all of the -- all six of the contractors submitted rate sheets in accordance with this amendment, and they were all a little bit different. A few of the vendors submitted rates for both emergency and nonemergency work, one of the vendors submitted a sheet that didn't actually say if it was for emergency or nonemergency work, and Kyle Construction submitted the following. This is just a little snip. There's more rates than this. But it says, proposed Collier County emergency rates. Now, if we take this to -- there was one more amendment to this contract after that in March of 2016 where you, the Board, retroactively reaffirmed the use of lump sum, time and materials, and unit price on several contracts; this one being included, okay. And Kyle Construction -- I have a little bit of a payment history here so you can see it -- has not performed any nonemergency time-and-materials work under this bid until just recently, in April of 2016. Previous to that, all emergency work was done time and materials in accordance with his rate sheet, and all of the previous work orders were issued to him via lump sum and paid via lump sum. So he currently has five invoices that have been rejected and requiring further backup, and the note says for the lump sum payments. 12.A.a Packet Pg. 292 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 12) And one of these items does have both a lump sum and time-and-materials component, and we'll probably have to work with Kyle Construction on making sure we do receive backup for the T&M portion. I think county staff has made him aware of that already, so we'll work through that. That's pretty much the history of where we stand. He is owed $188,000. MR. ABRAHAM: Not to cut you off, but to speak about the one that is the T&M, that's something that we did speak about with Mr. Brock's office. I had one invoice. The county rented a bypass pump from me for one of their lift stations. They have a high-level alarm going off all the time in the rainy season; they needed an extra pump to keep up. They rented a pump from me for six months. I charged them $3,200 a month to rent the pump. At this meeting we had with Mr. Brock, we kept going back and forth and he kept asking me, well, how much does this pump cost, and this, that, and the other, which was kind of irrelevant to the conversation. But per the rate sheet that is on this contract, the pump that I provided for the county on this invoice is better than the pump that's on this rate sheet. We told Mr. Brock this. The pump that's on my rate sheet goes for $575 per day. So if we took that 575 and multiplied it by 30 days, I think you guys are getting a good deal at 3,200 instead of going at the 575 a day, you know. And Mr. Brock said that he would be willing to pay me an extra $80,000 if that's what it -- if that's what it equated to on the rate sheet. And I told him, well, that was crazy because the project manager would never approve another $80,000 out of their budget. COMMISSIONER HILLER: That's insane. MS. KINZEL: Commissioner Fiala, I have to clarify some of the things. 12.A.a Packet Pg. 293 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 13) No. Number one, the pump that you have rented to the county was not even included in your bid and rate schedule, and we clearly discussed that. MR. ABRAHAM: Correct. It's a better pump. MS. KINZEL: We never said that we would pay 80,000. What we articulated repeatedly was that we would pay to the elements of the contract. You began billing -- over 84,000 of the outstanding amount to you is for a pump that was never solicited or never included in any of your contract amount. They were under 50,000, so county rented these pumps. We questioned, what is the fair value? Additionally, when we met with you and went through the dispute resolution by a moderator, who was there to help work through some of the items as just someone who was reviewing the documents as a legal opinion, he helped process through this, and we told you that we were unable to pay, but there was equitable legal remedy available to you. Immediately after that meeting, we met with county staff, the County Manager, the County Attorney, and the assistant county manager, and we provided them those remedies and that information. That was on June 13th. I additionally followed up with both the County Attorney and County Manager's Office asking, since this was the last board meeting available, where are the items? Because he's not the only vendor impacted -- there were four that we referred to -- to bring forward for a determination by this board. None of those were forthcoming. So to continue to sit here and listen to this from this vendor -- you know, it reminds me of -- I went through this with BQ, went through this with PBS, had the same kind of vendor show at the board meeting, and we resolved nothing. We gave him an equitable way to resolve this issue and get paid. County staff has brought forward nothing. 12.A.a Packet Pg. 294 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 14) So I need to put that on the record. COMMISSIONER HENNING: I have a -- CHAIRMAN FIALA: Yes, go ahead. Leo, did you want to say something? MR. OCHS: Well, yes, ma'am. I don't think there's anything else to bring forward. You have a legally valid contract, a contractor did work under the terms and conditions of the contract as specified in the amount that was agreed to. The staff certified the work was done and received. Ms. Kinzel is referring to some equitable resolution or technique. I don't really know what that is. Maybe she could tell us. MS. KINZEL: Well, quantum meruit and quantum valebat was brought to you and given to you as a remedy in the meeting that we held. CHAIRMAN FIALA: I don't know what -- MS. KINZEL: That means that the Board can determine -- in both services and/or goods or services performed, that the Board can make a determination that even though it wasn't in compliance with the contract, that the goods and the services have an equitable value to the Board and to the taxpayers. And if that were determined by the Board, we could then move forward with processing for payment. But at this -- CHAIRMAN FIALA: So in other words, today, if we say those words and vote on it, then you will pay; is that correct? MS. KINZEL: There needs to be a little bit more in the construct of that determination. CHAIRMAN FIALA: What else? MS. KINZEL: We laid that out for the County Attorney, and it does seem very simple, Commissioner Fiala. That's why we brought it forward to resolve the issue. And to just continue to say that the Clerk doesn't want to pay vendors, that we presume every vendor is 12.A.a Packet Pg. 295 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 15) defrauding the county, you know, that's disingenuous. CHAIRMAN FIALA: Okay. Tell us how we can solve it today. MS. KINZEL: I don't know that you can solve it today. My understanding was that the county staff was going to work over the break and bring something back to you in September. CHAIRMAN FIALA: Well, they can't wait for $200,000. MS. KINZEL: But, Commissioner Fiala, that wasn't my determination nor the Clerk's. That was a county staff decision to make. MR. OCHS: That is not true. MS. KINZEL: And they chose not to bring it. CHAIRMAN FIALA: Is that the truth? MR. OCHS: No, ma'am. The invoices have been submitted. The Board has -- or excuse me. The staff has certified the goods and services have been received at the price agreed to. The invoice has been sitting with the Clerk for payment for months and months. COMMISSIONER HENNING: Leo, that isn't what you sent to the Board yesterday. You sent to the Board a correspondence that said, from your staff, they needed more information. MR. OCHS: Yeah. Let's get specific about that, Ms. Kearns. MS. KEARNS: Just to clarify, those rejection notes are requested by the Clerk, and then the county staff forwards those rejections to the vendors. County staff has done their goods receipt, or their acceptance of the work on all the outstanding -- COMMISSIONER HENNING: Well, why didn't you forward to us where staff has signed off on those? MS. KEARNS: We do what's called a goods receipt on the record, which then gets that record ready for the Clerk's staff to perform their pre-audit. It's their notice from us to say we've gone through our review, and now it's ready for your pre-audit, and then they either accept or reject the record for whatever reasons stated in 12.A.a Packet Pg. 296 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 16) notes. And for these particular items it was stated to provide further backup for the lump sum work orders. COMMISSIONER HENNING: So let's get back to that. The Board took action -- the majority of the Board took action on this lump sum change in the contract in March. Are you saying that goods and services received prior to the Board's action, they still can be lump sum? MS. KEARNS: We feel the original intent of that contract language would allow for lump sum, and county staff has procured those goods and services through lump sum methods. COMMISSIONER HENNING: But even though that the -- MS. KEARNS: I can reaffirm the -- COMMISSIONER HENNING: -- contract says -- MS. KEARNS: -- use of that. COMMISSIONER HENNING: Even though the contract says a 10 percent markup of material? MS. KEARNS: I think that was added because there was an error in the original contract that didn't include a provision for emergency rates. That's -- COMMISSIONER HENNING: These don't even apply to emergency rates. MS. KEARNS: No, no. COMMISSIONER HENNING: So -- MS. KEARNS: He's been paid for the emergency work he's done. COMMISSIONER HENNING: -- since there is a conflict between payment between the Clerk's Office determination and the county's determination, why wasn't there an agenda item, like there has been in the past, to get the vendor paid? The County Attorney has also opined on some of these that it takes a quantum meruit of the Board to get these items paid. 12.A.a Packet Pg. 297 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 17) MS. KEARNS: I think that's where we're in; the disagreement that the Clerk's Office feels that the invoices are not in conformance with the contract but county staff feels that they are, so we're at an impasse. We can offer up, if it does help -- COMMISSIONER HENNING: No, no, no. There, you know -- COMMISSIONER TAYLOR: We can offer up what? COMMISSIONER HENNING: The county staff, through the County Manager, is supposed to bring resolution, not conflict, resolution to the Board to resolve these. I don't see where that's happening, Leo. CHAIRMAN FIALA: Crystal (sic) just asked the question. COMMISSIONER HENNING: Now, that could be a court action, that could be a quantum merum (sic) or anything, but all it is is bringing more unresolved issues. MR. OCHS: Commissioner, we brought you two things. We brought you an item to make a retroactive finding of lump sum, time and material, and unit pricing, which you did, which your County Attorney told you, you could do legally. That's been ignored. And, secondly, we brought you a dispute resolution process as directed by the Board, so there is an avenue. COMMISSIONER HENNING: And this said it had been through that dispute process. MR. OCHS: No. We're still in the process of negotiating the contract with the assistance of the County Attorney for the hearing office. COMMISSIONER HENNING: So why wasn't an action item to force through the courts the -- or for the Clerk of Court to pay this gentleman? If you feel that the contract is, through its amendments and what has been written in the contract is -- this contractor is in compliance of it, why not have an action item to take the Clerk to the court to force him? 12.A.a Packet Pg. 298 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 18) MR. OCHS: I don't sue the -- CHAIRMAN FIALA: You know; We're talking today -- let's get it done. Instead of defending the Clerk -- COMMISSIONER HENNING: You can't -- CHAIRWOMAN FIALA: -- or anything, let's get this thing taken care of. COMMISSIONER HENNING: There's no -- there's no action item on the agenda. You can't resolve this today, Commissioner Fiala. CHAIRMAN FIALA: Well, then we have to wait two months. If you were the vendor -- COMMISSIONER HENNING: No. You know what, stay in town. Let's have a special meeting. CHAIRMAN FIALA: Well, I'll be back into town. I don't have to go anyplace. I'll be back in two weeks anyway. COMMISSIONER HENNING: Okay. Well, let's do that. CHAIRMAN FIALA: But the problem is -- and don't accuse me of taking a vacation during my vacation. COMMISSIONER HENNING: No, I'm not. I'm saying let's -- CHAIRMAN FIALA: That's stupid. COMMISSIONER HENNING: Let's stay in town. I didn't say, Commissioner Fiala, stay in town. I said let's stay in town, have a special meeting, and get it done. CHAIRMAN FIALA: Okay. Tell me -- now, you started to say what you had offered, and then Crystal wanted to hear what that was, but then the talk got carried away. So let's go back to where you were. MS. KEARNS: Well, I don't know if it will help, but I was communicating with Public Utilities staff earlier today, and they take photos throughout the process of each of these particular items of work. We can offer up some sort of photographic documentation that the work was done. I understand that's not the crux of the issue, but if it will help show the work was completed, you know, we can do that. I 12.A.a Packet Pg. 299 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 19) know that's not exactly the -- MS. KINZEL: We had already talked about those. What we're really looking for is a validation of the pricing since it wasn't originally included in the contract for the pump that he used on two of those invoices, in particular, that that totals about 84,000, and then there was some additional backup that it wasn't -- when -- and when we talk about quoting or -- quoting a job, our expectation usually would be that there's a basis for the quote. And one of the other things that we asked for was if the project managers could provide their basis for accepting or approving the quote, because one might expect that the quote should be based on the contract rates, that they were competitively solicited. And when we were looking for any kind of support for that, we were basically told no more documentation from Kyle Construction. I think it has gotten into a -- we've offered -- we've offered, give us any kind of backup that tells us about these pumps. As he indicated, what is the cost of a pump so we could come up with a reasonableness test of is that rental for six months valued similarly to a cost of a pump, or what are we looking at. MS. KEARNS: And would you be willing to work with the engineers in Public Utilities on them providing you some reasonableness of how they know they're receiving a good quote? MS. KINZEL: And we have talked about that -- MS. KEARNS: This goes through several layers of -- MS. KINZEL: -- with the validating estimator and engineering cost. I think we could do a lot moving forward. I think this one got caught up in not really anything to do with the actual work. CHAIRMAN FIALA: Gobbledygook. That's what it -- COMMISSIONER HILLER: Oh, no. It didn't get caught up in any sort of gobbledygook. CHAIRWOMAN FIALA: Okay. So -- 12.A.a Packet Pg. 300 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 20) COMMISSIONER HILLER: May I comment? CHAIRMAN FIALA: No. Just a minute. Dr. Yilmaz is here, and so I would like to hear what he has to say, please. I'm trying to get to a decision. DR. YILMAZ: For the record, George Yilmaz, Public Utilities Department Head. Commissioners, as far as our due diligence go, it is very much consistent with coastal internal controls, and we go through process not only in the office and financial routing and work flow, we also go through that process determining if the job was done first time right using right means and methods to achieve right results. In this case we did. Now, you heard from the contractor saying that they give us better pump, and he's right. We would not pay more than what contract says for unit cost for a better pump, but he did give us a better pump, and that's the risk contractor takes. And given the 24/7 operations and nature of the utility business, we have to be agile, adaptable, and flexible. And this is one example out of $1.2 billion operations that, if he cannot find right pump in inventory, we ask for better pump. We don't settle for less. So in this case the pump mentioned herein is better pump in terms of pump curve, velocity, pressures, and VDF where we could touch. Oh, by the way, it comes with soft start. Now, I'm getting too technical, but the bottom line is we're in middle of the night, we're trying to prevent sewage spill on the streets, and we're not going to think about we have to find right pump in the contract terms and conditions. So that's the decision we make, if it clarifies. COMMISSIONER HILLER: And may I ask, what are your credentials, Dr. Yilmaz? 12.A.a Packet Pg. 301 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 21) DR. YILMAZ: I'm a licensed professional in seven states in United States, chartered engineer in Europe. I'm a naval architect, ocean engineer, and water resources manager. As well as water resource managers, I have two masters, doctorate, among others. COMMISSIONER HILLER: Your masters in what and doctorate Ph.D. in what? DR. YILMAZ: My masters in ocean engineering and civil engineering, and my bachelor is construction and engineering management. CHAIRWOMAN FIALA: Okay. COMMISSIONER HILLER: And how long have you -- I just want to know, how long have you been in this position? DR. YILMAZ: I've been as administrator in this position going into five. COMMISSIONER HILLER: And how many years have you done this type of business? DR. YILMAZ: Ma'am, I manage $1.6 billion international and domestic business. COMMISSIONER HILLER: So my -- the reason I'm asking these questions is that in your opinion -- based on the quote that Kyle Construction gave and based on the product they provided you based on your need, in your opinion the price was fair for the product you got; is that what you're telling me based on your experience and your education and your understanding of what the market offers by way of that kind of product? DR. YILMAZ: Given the internal controls, we have and the information I got through that, the answer is yes. And if I might, this contractor here stated, and he's right, in Public Utilities and in our County Manager's agency, we will not pay anything less than what is in the contract identified for unit cost, but we'll take something better as long as contractor accepts the unit costs agreed upon. 12.A.a Packet Pg. 302 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 22) So that's the -- COMMISSIONER HILLER: And, in fact -- CHAIRWOMAN FIALA: Now, let's -- COMMISSIONER HILLER: -- you got a price that was less than was in the contract because it would have been $525 a day for a lesser product. DR. YILMAZ: We would not pay that, and contractor knows that. COMMISSIONER HILLER: Again -- MR. ABRAHAM: Correct. COMMISSIONER HILLER: -- it was 525 days (sic) in the contract for a lesser pump, and he gave you a better pump at a lower price? DR. YILMAZ: At the unit cost agreed upon and approve by the Board. COMMISSIONER HILLER: Or at the unit cost agreed upon by the Board, okay. DR. YILMAZ: Yes, ma'am. COMMISSIONER HILLER: I just want to clarify that. CHAIRMAN FIALA: So then -- that is what -- that's the question you had, Crystal. And now, does he need to sign something so that that proves that we can pay this man? MS. KINZEL: Well, Commissioner Fiala, let me just put something on the board record, because a lot of statements have been made, a lot of inferences have been made. One of the concerns that we had is that in the Kyle Construction proposal -- and we went over this with Kyle, the contract -- the contractor provided a list of his available equipment as part of his proposal to the county. If you see, he provided a 4-inch pump, a 6-inch pump with bypassing -- bypass pumping, a 6-inch vacuum pump, and a hydraulic pump. Now, when the rates were scheduled, all of the rates were 12.A.a Packet Pg. 303 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 23) provided as part of his submission except for the bypass pump. There were no rates provided. We -- you know, we asked about that; why was that pump particularly excluded? And then it appears that that's the pump that's being used the majority of time for a total of 84-, 85,000, out of this -- the payments that have not yet been made. And we received the information from Kyle Construction that, oh, it's a better pump. So we asked us (sic), can you give us documentation that shows what this pump does and what that pump does. He said he's not providing any more documentation to our office. That's why we moved forward, met with the County Attorney, and met with the county management. We're willing to work this through. We have been for months. We brought this forward. We performed our dispute resolution trying to resolve this issue. We thought we provided a viable solution to county management, and that's where we're at. So I did want to bring this up because it isn't as though all of a sudden in an emergency they did a better pump. This pump was included on their schedule of equipment, but no rates or values were provided for in their contract, and all the other pumps were priced. So we went over that in great detail during the dispute resolution, and I wanted to put that on the record because we are trying to reconcile what's in your contract. CHAIRMAN FIALA: I know. But do you realize how difficult it is for people to deal with county government? Two years of all of this business. MS. KINZEL: And, Commissioner Fiala, we've paid Kyle Construction over $318,000 since January, so it is not as though he is not receiving a payment. When we receive a proper invoice, we'll pay a proper invoice. In the month of June we paid $62 million on 11,000 invoices to 12.A.a Packet Pg. 304 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 24) 2,600 vendors. CHAIRMAN FIALA: I want to ask you a question. I don't want to hear all the background. So did -- Dr. Yilmaz's message here, did that verify what Kyle Construction is saying? MS. KINZEL: I think we can get -- CHAIRMAN FIALA: And so can we get to the payment? That's what I'm trying to get to. MS. KINZEL: I think we can get some additional documents from an engineer in their office, and perhaps that will help resolve the payment schedule. But since it was not included in the original contract as a rate price that you've approved, we've still asked that the Board make that approval. COMMISSIONER HILLER: Can I please talk? CHAIRWOMAN FIALA: No, no. COMMISSIONER NANCE: I've got one question. CHAIRMAN FIALA: He's been asking to speak, and he hasn't had a chance. COMMISSIONER HILLER: Sure. Of course. I understand. COMMISSIONER NANCE: Sir, can I ask you a question? Is this a pump that's part of a permanent installation, or is this a tool you used in the construction? MR. ABRAHAM: This was a tool that we used in construction to aid -- basically, they have a lift station that can't keep up with the amount of sewage coming into it, so we had to set this pump there temporarily and rent it to the county so that they could keep up with the amount of sewage that was coming into this station. COMMISSIONER NANCE: So you mean to tell me that we're not paying this guy for work that he did because he used a different tool than what he said he was proposing to use? Is that what everybody's telling me? MR. ABRAHAM: Yes. 12.A.a Packet Pg. 305 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 25) COMMISSIONER NANCE: So he used a red hammer instead of a blue hammer? MR. ABRAHAM: It's a better hammer. COMMISSIONER NANCE: What in the hell is going on here? This work has been accomplished. This was a tool that was used, and we're arguing over that, paying this guy $188,000? We ought to hang our heads in shame. Are you freakin' kidding me? COMMISSIONER HILLER: Hang on a second. Commissioner Nance -- let him make his point, please. COMMISSIONER TAYLOR: I think we're getting a little excited right now. COMMISSIONER NANCE: Yeah. I'm really excited. COMMISSIONER TAYLOR: And my buzzer's been on. So what I'd like to ask our County Attorney, will you please describe the words I cannot pronounce, that process, quantum meriot (phonetic). MS. KINZEL: Meruit. COMMISSIONER TAYLOR: Marrow (phonetic). COMMISSIONER HILLER: No. MR. KLATZKOW: Quantum meruit. And we had a meeting with Crystal and the County Manager and Nick. Quantum meruit's generally used when you don't have a contract to pay somebody for work that's been performed. Crystal raised the issue whether or not the county was going to come forward on executive summary based on quantum meruit. I asked Crystal, if we do that, will the Clerk pay? And Crystal said, I don't know. So I don't -- I don't know what to tell you. MS. KINZEL: And that's -- COMMISSIONER TAYLOR: Let me ask that question right now on the record. And, by the way, just for the record, Judge Blackwell was a moderator not a mediator. CHAIRMAN FIALA: Well, let's keep on the subject, please. 12.A.a Packet Pg. 306 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 26) COMMISSIONER TAYLOR: So I would like to ask on the record, if we bring this forward -- excuse me. County Attorney, would you please ask. MR. KLATZKOW: The question is, if we were to bring this forward by direction of the Board as payment for quantum meruit, would the Clerk pay? MS. KINZEL: And I indicated to you that under the -- we wanted to see the document that you were going to bring forward, which was never provided nor never completed. MR. KLATZKOW: No. What you told me is you -- MS. KINZEL: Quantum meruit's principles are that you have to -- you asked me the question. MR. KLATZKOW: May I? You told me that you were not going to pay unless you saw the backup documents that he doesn't have. MS. KINZEL: No, it was not the backup documents. It was validation of the principle of quantum meruit which you said you were familiar with and that you would construct something, and we volunteered to review it all. MR. KLATZKOW: Crystal -- MS. KINZEL: So this entire process -- MR. KLATZKOW: Crystal -- MS. KINZEL: -- of nonpayment -- MR. KLATZKOW: -- you're being disingenuous up there -- MS. KINZEL: No. MR. KLATZKOW: -- just as you were disingenuous in this meeting. MS. KINZEL: No, Jeff. MR. KLATZKOW: May I finish? You are, okay. What we -- you have a valid contract that you don't want to pay on because there's a dispute. That's fine. You brought up the issue. If I 12.A.a Packet Pg. 307 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 27) do quantum meruit where staff comes forward with a statement that the work was performed, it was accepted, it met all the requirements, would you pay? You told me, I don't know. I still might want to need (sic) backup documents. MS. KINZEL: No. I said that you -- MR. KLATZKOW: So I'll put the question to you. MS. KINZEL: -- needed to provide us -- MR. KLATZKOW: If -- will you pay based on quantum meruit without him having to provide backup documents? MS. KINZEL: We need the backup documents to -- not from him, not the original documents we were requesting. We need to see your presentation of the quantum meruit that the Board then approves. And we said this in the meeting. And talk about disingenuous. You know, I spoke to you the Monday before the agenda was due to go to the County Manager, and I said, Jeff, what's the status of that? And you know what you said to me? MR. KLATZKOW: Yes. MS. KINZEL: I don't know. County hasn't brought anything forward to me. I've done nothing. MR. KLATZKOW: And that's true. MS. KINZEL: And that's true. But then I turned to the County Manager's Office and I said, this is the last board meeting. We need to get the vendor paid. So who's being disingenuous about paying the vendor and for what reason? COMMISSIONER TAYLOR: Okay. MS. KINZEL: I think it's obvious. COMMISSIONER TAYLOR: This is my cue. MS. KINZEL: It is. COMMISSIONER TAYLOR: This is my cue. Okay. I'm going to step in. Let's get this vendor paid. Now, what does this mean, please 12.A.a Packet Pg. 308 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 28) -- and everybody take a deep breath. And we can recess and come back, but let's figure out how we can get this vendor paid. CHAIRMAN FIALA: That's what I've been saying. COMMISSIONER TAYLOR: Right, and you have. But let's -- that's full circle. Let's not point fingers and talk about who's -- CHAIRMAN FIALA: And that's -- MR. KLATZKOW: But, Commissioners, it's not up to us. We've approved -- we've approved the invoices, all right? I'm willing to do an executive summary based on quantum meruit. What I need here is a pathway from the Clerk that will pay, and I've never been given one. Not on this particular item. MS. KINZEL: I gave you the pathway of quantum meruit, and you've not provided it. COMMISSIONER TAYLOR: Well, why don't we try again. MR. KLATZKOW: Well, I am happy to prepare an executive summary that the County Manager can bring forward in absentia, and we'll see if you pay or not. CHAIRMAN FIALA: Okay. COMMISSIONER TAYLOR: That's good. CHAIRMAN FIALA: Say that one more time. MR. KLATZKOW: I am happy to put forward an executive summary. It can go on the abstention agenda, all right, while the Board's away, and if the Clerk pays, the Clerk's pays; if the Clerk doesn't pay, the Clerk doesn't pay. CHAIRMAN FIALA: So -- and we can't get him paid now for the next two months because of this, right? MR. KLATZKOW: You'd have to do it -- CHAIRMAN FIALA: Can we do it today if Crystal saw this paper that she says she needs to see? MR. KLATZKOW: You can't do it today. This is not an action item. It would have to come forward during the break. 12.A.a Packet Pg. 309 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 29) COMMISSIONER TAYLOR: But we could have a special meeting. MR. KLATZKOW: You don't need a special meeting. COMMISSIONER TAYLOR: Okay. Okay. We don't? MR. KLATZKOW: You don't. COMMISSIONER TAYLOR: Okay. MR. KLATZKOW: The County Manager has the authority to put things through. It would be subject to later board approval, but if the Clerk paid -- COMMISSIONER TAYLOR: Identify it in -- yeah. MR. KLATZKOW: But if the Clerk already paid, then -- COMMISSIONER TAYLOR: All right. MR. KLATZKOW: -- it's ministerial. COMMISSIONER TAYLOR: Okay. So do we have a -- COMMISSIONER HILLER: No, we don't. We have discussion. My light has been on forever, and I'd like to comment, please. CHAIRMAN FIALA: Go ahead. COMMISSIONER HILLER: Thank you. Judge Blackwell sat in that meeting as a moderator, and you said he gave a legal opinion, and his legal opinion was the solution to this was quantum meruit, Crystal; is that -- was that his legal opinion? MS. KINZEL: No, Commissioner. It wasn't really a legal opinion, and I probably did misspeak on an opinion. He offered up possible solutions moving forward. COMMISSIONER HILLER: So he was offering -- (Overlapping speakers.) MS. KINZEL: -- relief. COMMISSIONER HILLER: He was offering legal advice, basically, in his capacity as an attorney, as a judge. He was there to offer legal advice as to how this vendor could be paid, correct? MS. KINZEL: He did not offer an opinion, as I said. I probably 12.A.a Packet Pg. 310 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 30) misspoke. COMMISSIONER HILLER: No, he said it. I mean, he clearly was giving -- MS. KINZEL: He offered -- COMMISSIONER HILLER: -- legal opinion. THE COURT REPORTER: One at a time. I can't -- I can only get one at a time. CHAIRMAN FIALA: She cannot type -- COMMISSIONER HILLER: He was obviously -- here's the problem. Judge Blackwell, if it's the same Judge Blackwell in -- you know, that we're looking up in the Florida Bar records, is not authorized to practice law in the state of Florida if it's the same Blackwell and, you know, there's always the possibility of mistaken identity. But this retired judge is not authorized to give legal opinions and give legal advice. And, clearly, if he was brought in as a retired judge and was giving legal advice, which he clearly was when he recommended quantum meruit was the resolution to this issue, that's a real problem. MS. KINZEL: Commissioner -- COMMISSIONER HILLER: Let me finish. It's not your turn, Crystal. So, number one, we have -- if it's the same individual -- and I don't know if it is -- but you've got an individual who was a moderator who was -- who has now endorsed the Clerk in the election, who appears, if it's the same person -- and it does look like it may be, but we don't -- we'll have that -- I'll have staff -- could you verify that and give me that information -- is not licensed to practice in Florida. And we'll verify that and make sure, and we'll put that on the record when we have that accurate information. MR. CASALANGUIDA: Yes, ma'am. 12.A.a Packet Pg. 311 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 31) COMMISSIONER HILLER: Secondly, your invoices have been outstanding since February of this year? MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: So that's February -- so March, April, May, June, July, right? MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: So five months. And what Mrs. Kinzel said, standing there after our utilities director, who clearly has, you know, very substantial experience, very substantial credentials, and I'm sure would be an expert witness called in any trial on any -- MR. ABRAHAM: Yes, ma'am. COMMISSIONER HILLER: -- utilities-related issue, clearly said that the price, based on his experience -- and he's been director of that division for five years, so he clearly knows what the prices are -- based on the product that you provided for his use was reasonable. And that question could have been asked by the Clerk's Office back in February. This could have been readily validated back in February by asking Mr. Yilmaz, who was in the same position he is in now and would have attested to them exactly as he did here. So there's absolutely no basis for the Clerk's Office to say that they could not validate the reasonableness of the price that you charged. Moreover, it is also clear, based on this board's action, that you did have a fixed-price contract, and based on that, as with all the previous contracts that you presented that were fixed-price contracts, no backup was requested by the Clerk, no backup was required by the Clerk, and then all of a sudden he changed his mind in February. And just so you know, what I'm looking at is a schedule of how you've been paid since September of 2014, and you've been paid $1,059,572, the majority of which -- the majority of which was lump 12.A.a Packet Pg. 312 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 32) sum contract; no backup required. And every time it was an emergency contract, which does require time and materials, you provided that information. But I'm going to repeat, very simply, going back, the Clerk's Office could have validated the reasonableness, while they did not have to, and it's not up to the Clerk's Office to determine whether something is valued properly. That's up to the Board. We're the ones who make the decision as to value, not the Clerk's Office, which is a discretionary decision. Notwithstanding, the evidence was readily available, and they failed to solicit that information by calling up Dr. Yilmaz. No, I don't believe we need quantum meruit, County Attorney. I think it's inappropriate to pay this gentleman under quantum meruit. We pay him under the contract what he is owed. It's a lump sum contract. The evidence is clearly on the record. He provided the good. He provided it at a fair price, at the price that was accepted by the county. MR. KLATZKOW: I agree that this is not appropriate for quantum meruit -- COMMISSIONER HILLER: It is not. MR. KLATZKOW: -- because we have a valid contract. COMMISSIONER HILLER: We absolutely do. MR. KLATZKOW: But Commissioner Fiala would like to see this man paid. If the only way to get this man paid -- COMMISSIONER HILLER: No. MR. KLATZKOW: -- is quantum meruit -- COMMISSIONER HILLER: No, there is another way to get this man paid. The way to get this man paid -- this is a valid contract. The evidence supports everything that he has presented. It was readily available. They have wrongly -- the Clerk's Office has wrongly denied payment, has violated the Prompt Payment Act, has absolutely been 12.A.a Packet Pg. 313 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 33) unfair to this vendor. The way to do it is with a writ of mandamus. The Clerk -- the Clerk's Office should be compelled to perform his legal duty, which he has failed to do. And to bring this man into what is nothing more than a kangaroo court with a moderator who is not -- if it is the same guy -- not even licensed to practice law in Florida, if it is the same person -- CHAIRWOMAN FIALA: Let's -- COMMISSIONER HILLER: That's a real injustice. And that is what all these other vendors are going through. The same thing happened to -- what's the name Bart Zino's company? What was the name of that gentleman? MR. CASALANGUIDA: PBS Construction. COMMISSIONER HILLER: PBS Construction. The same thing happened to Surety Construction. CHAIRWOMAN FIALA: Okay. Let's -- COMMISSIONER HILLER: Let me -- may I -- no, this is a very -- CHAIRWOMAN FIALA: Yeah, but you -- COMMISSIONER HILLER: Let me -- please let me finish. I really ask that. CHAIRMAN FIALA: But you keep -- COMMISSIONER HILLER: The bottom line is 188,000 is a valid -- has been presented with a valid invoice, attested to by staff as having been performed to the terms of the agreement at a fair price, and there is no legal justification to deny payment. We cannot go to quantum meruit. The Clerk has a duty to perform under the Prompt Payment Act. He must perform. If he doesn't perform, he needs to come here and tell us why, and then we need to decide to take action. And I think we need to file a writ of mandamus. CHAIRWOMAN FIALA: Ma'am? COMMISSIONER HILLER: And you should join us in that. 12.A.a Packet Pg. 314 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 34) MR. ABRAHAM: I agree. I agree. We've spoken about that before. I think that's -- COMMISSIONER HILLER: That is where we're at. The Clerk has -- MR. ABRAHAM: I would agree. COMMISSIONER HILLER: -- a legal duty to follow the law and perform. The evidence is there. The contract is valid. You deserve to be paid. And if he refuses to pay, let's go to court -- CHAIRMAN FIALA: Do you know -- do you realize how -- COMMISSIONER HILLER: -- and have a writ of mandamus issued. CHAIRWOMAN FIALA: -- much this is costing taxpayers? Every -- you know; Commissioner Henning was talking about taxpayers before. The longer this is dragged out, the more we don't pay -- and, of course, they have to pay a percentage because of the Prompt Payment Act, that's costing the taxpayers. You get in attorneys, you get in mediators, and all we needed to do was have Dr. Yilmaz say, yes, I attest to that. Let him sign a paper -- COMMISSIONER HILLER: In February. CHAIRWOMAN FIALA: -- and then we can just move on rather than just -- this is all taxpayer funded, by the way, all of this fighting. And I think that we should be able to just move on, and we should be saying to the County Manager, if we get this stuff signed in the next two weeks, you sign it off, and we're done. Is that what we can do? Let me ask the County Manager. MR. OCHS: Ma'am, we have in-absentia agendas during the summer, but -- that's the only way to get an item on in your absence. I'm not sure what item we would want to take, but I'll leave that to your County Attorney. Again, all I can say is we believe you've got a contract that's valid, and the invoices should be paid already. 12.A.a Packet Pg. 315 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 35) CHAIRMAN FIALA: And we got a benefit from it using a better pump, which has been stated on the record. Dr. Yilmaz verified that, you know, this was a good price for a better pump. We needed to have this thing in place, and somehow -- MR. KLATZKOW: Commissioners, you have two choices that I've heard. One is go to court on this. I don't know the time that's going to be -- it's going to take to get this resolved, and I don't know how much money's going to be spent, and we're already involved in several litigations with the Clerk now, all right. That's one approach, okay. The other approach -- and you know I'm not the happiest person about this approach, but the other approach is to bring forward on an in-absentia agenda executive summary based on quantum meruit and see if the Clerk pays. And if the Clerk pays, we're done. COMMISSIONER HILLER: But we have that with all the other fixed-price contracts. We can't treat this vendor different -- MR. KLATZKOW: And we can't be in court with every single vendor. COMMISSIONER HILLER: No. And I don't mean for us to be in court. This gentleman said that he would sue, that he would file a writ of mandamus. What I'm saying is if he's going to file a writ of mandamus, I say that we join and defend him. MR. KLATZKOW: Ma'am, I'm not giving you a recommendation. I'm saying those are your two options. You can go to court, see if you compel the Clerk to do this, or you can direct that the County Manager put forward under the in-absentia executive summary based on quantum meruit. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: Commissioners, you see -- you see what's really before us here? And, you know, I'm -- let me just go on 12.A.a Packet Pg. 316 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 36) the record and say I'm in favor of doing whatever the most expeditious is -- thing to do to get this gentleman paid. But I want to tell you something; this man can't work like this. COMMISSIONER HILLER: No. COMMISSIONER NANCE: He cannot work like this. CHAIRMAN FIALA: Why would he ever want to work for us again? COMMISSIONER NANCE: He cannot go out, get the materials, pay all his labor, put it in there, and then have some fight erupt over the tool that he used to get the job done when it was clearly sufficient or more than sufficient to get it done. He can't do this and then be put through what he's been. The damage here is to our relationship with this man. Why in the hell he would ever want to come back and deal with this -- he's already gone through a beating, through meetings, he's been publicly humiliated, he's spent his time away from his business to do this, put all this money out of pocket for months and months and months. So, you know, everybody can walk away from this feeling really good about themselves, can't we? We can just go out and say, you know what? The public got their money's worth, okay. We don't have to worry about Kyle Construction doing any business with them anymore. We can take that threat away from Collier County because this guy's going to go home and he's going to go, you know what? If I ever contract with them, again, I ought to have my head examined, and he would be right. So I hope everybody feels real good about this. And if anybody can explain to me what in the hell public benefit has been to any of this, I'd like to have them tell me. Go ahead. CHAIRMAN FIALA: Good question. COMMISSIONER NANCE: Is there any public benefit? There's none. We're fighting over a tool that this guy used to do the work. 12.A.a Packet Pg. 317 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 37) The work's been done. Everybody said it was done; it's good. Everybody certified it. It's great. But we can't figure out a way to pay him? We are completely dysfunctional. MR. KLATZKOW: You know, it's like going to a car rental place and reserving a subcompact, and they say, you know, we don't have any subcompacts, but we do have this, you know, nice-sized car for you. COMMISSIONER NANCE: Yeah. And when the bill comes, you go, hey, I've got to pay that. MR. KLATZKOW: And then they say, okay, we'll charge you for the subcompact, all right. So you take the nice car, but now we're not going to pay for it because it wasn't on the original order. COMMISSIONER NANCE: That's right. MR. KLATZKOW: That's what this is about. COMMISSIONER NANCE: That's what we're talking about. CHAIRMAN FIALA: Just like when they measured the dirt. Remember that? COMMISSIONER NANCE: You explain this to me. I don't know what to tell you. CHAIRMAN FIALA: So how do we -- where are we now? COMMISSIONER NANCE: It's a friggin' spectacle. COMMISSIONER TAYLOR: I'm up; I'm up. CHAIRMAN FIALA: Well, Penny, you're just going to repeat. Go ahead. COMMISSIONER TAYLOR: Oh, how would you know what I'm going to say? COMMISSIONER NANCE: Go for it, ma'am. CHAIRWOMAN FIALA: Go ahead. COMMISSIONER TAYLOR: I think it's a fabulous day, and I really am not enjoying this at all. But you know what, we haven't asked you. 12.A.a Packet Pg. 318 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 38) I've heard what Commissioner Hiller says you want to do, and I've heard what we're trying to do up here. I want to hear from you, Kyle. What would you like us -- you want to get paid, right? MR. ABRAHAM: I want to get paid, and I want to continue with life and continue to do Collier County's work. COMMISSIONER TAYLOR: Now, did we hear this? Did we hear this? MR. ABRAHAM: Continue on -- that's all I want. I don't want to sue anybody. I don't want to -- COMMISSIONER TAYLOR: Thank you. MR. ABRAHAM: -- get into legal -- I don't want any of that. COMMISSIONER TAYLOR: Okay. MR. ABRAHAM: I don't even want to be here as I am now. I mean, I have invoices from February, and why I'm here in July -- like, this isn't my style, and this is not what I do. I work hard. I go to work every day. I put food on the table for my family. That's what I do. I don't come here to argue and bicker and fight, and that's just not me at all, ma'am. COMMISSIONER TAYLOR: And I think it took a great amount of courage and integrity to come here with this. MR. ABRAHAM: And I will stand up and I will say I have the most integrity. And these invoices are valid. And I would never do anything that was wrong or not -- that's not me. It's not me. COMMISSIONER TAYLOR: Okay. So knowing you just want to get paid and you don't want to go to court, I would suggest that we work with -- ask the County Attorney to create this executive summary and -- MR. KLATZKOW: You'd need to direct the County Manager to work with the County Attorney to bring forth an executive summary based on quantum meruit on an in-absentia agenda. COMMISSIONER TAYLOR: He said that. Not me. It's perfect. 12.A.a Packet Pg. 319 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 39) COMMISSIONER NANCE: Second. MR. ABRAHAM: And the whole interest and all that stuff -- CHAIRMAN FIALA: Okay. MR. ABRAHAM: -- I don't -- CHAIRMAN FIALA: I have a motion on the floor and second. MR. ABRAHAM: -- even care about the interest. I just want what's owed to me. I'll let that stuff go. And I just -- I did what I was supposed to do, and I just want to get paid what I was supposed to get paid. That's all. COMMISSIONER TAYLOR: And it was confirmed by our head of Public Utilities that it -- indeed, it's a better pump, so we have that -- MR. ABRAHAM: Right. And that's just one of the invoices. COMMISSIONER TAYLOR: Yep. MR. ABRAHAM: And on all these invoices, they could have asked any of the project managers, hey, was the project done to your guy's satisfaction? And they all would tell you yes; beautiful work. COMMISSIONER TAYLOR: Okay. So we have a motion, right? COMMISSIONER NANCE: And a second. CHAIRMAN FIALA: And a second. Okay. So all in favor of the motion, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRWOMAN FIALA: Aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER HENNING: (Absent.) CHAIRWOMAN FIALA: Opposed? In a tired tone, she says, opposed? (No response.) CHAIRMAN FIALA: Nothing. Okay. That's a 4-0 vote. Henning had already left. 12.A.a Packet Pg. 320 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 40) COMMISSIONER HILLER: I'd like to -- COMMISSIONER TAYLOR: What are we doing about our 11:30? MR. OCHS: We're going to have it right now. COMMISSIONER TAYLOR: Good. COMMISSIONER HILLER: I'd like to just introduce this in the record. Staff pulled the bar information on a William L. Blackwell. If it is the same, this individual is not eligible to practice law in Florida. Put it on the record. And what I'd like staff to do is verify whether or not it's the same gentleman who was giving legal opinions in the -- CHAIRMAN FIALA: Oh, he was a moderator, wasn't he? COMMISSIONER HILLER: No, he was giving legal advice. He told them quantum meruit. He was giving legal opinions. CHAIRWOMAN FIALA: Oh. COMMISSIONER HILLER: So if it's the same -- and we need to verify identity, and I'd like that information. I'd also like to put this on the record, which is the schedule that shows how much Mr. -- or Kyle Construction has been paid under lump sum contracts with no backup requested by the Clerk over the last year and a half. And, again, we're talking about over a million dollars. CHAIRMAN FIALA: Okay. Moving on to the next subject again. Go ahead. COMMISSIONER NANCE: Thank you, Mr. Kyle. I apologize to you, personally, sir. MR. ABRAHAM: Oh, no, no. No apology. Thank you for your time. COMMISSIONER NANCE: I can't help it. COMMISSIONER HILLER: And here's the email -- CHAIRWOMAN FIALA: And thank you for being here, sir. COMMISSIONER HILLER: -- that Mr. Kyle sent to the county 12.A.a Packet Pg. 321 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) June 12, 2016 (Excerpt Item #7 – Page 41) stating what -- CHAIRMAN FIALA: Okay. We're done with this one. COMMISSIONER HILLER: -- he wanted and the legal action he intended to take. (The requested excerpt of proceedings concluded.) ***** STATE OF FLORIDA ) COUNTY OF COLLIER) I, Terri L. Lewis, Notary Public, do hereby certify that the foregoing proceedings were taken before me at the date and place as stated in the caption hereto on Page 1 hereof; that the foregoing computer-assisted transcription is a true record of my Stenograph notes taken at said proceedings. Dated this 14th day of July 2016. ______________________________ TERRI L. LEWIS, Notary Public, State of Florida; My Commission No. FF 010990 Expires: August 23, 2017 12.A.a Packet Pg. 322 Attachment: July 12 Item #7 (Excerpt) - DRAFT (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 323 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 324 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 325 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 326 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 327 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 328 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 329 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 330 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 331 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 332 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 333 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 334 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 335 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 336 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 337 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 338 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 339 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.b Packet Pg. 340 Attachment: Letter PO 4500160254 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 341 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 342 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 343 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 344 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 345 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 346 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 347 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 348 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 349 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 350 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 351 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 352 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 353 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 354 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 355 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 356 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.c Packet Pg. 357 Attachment: Letter PO 4500164552 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 358 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 359 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 360 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 361 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 362 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 363 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 364 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 365 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 366 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 367 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 368 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 369 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 370 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 371 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 372 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.d Packet Pg. 373 Attachment: Letter PO 4500165569 (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 374 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 375 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 376 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 377 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 378 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 379 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 380 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 381 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 382 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 383 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 384 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 385 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 386 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 387 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 388 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 389 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.e Packet Pg. 390 Attachment: Letter PO 4500166735 (2) (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 391 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 392 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 393 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 394 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 395 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 396 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 397 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 398 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 399 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 400 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 401 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 402 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 403 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 404 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 405 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 406 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle) 12.A.f Packet Pg. 407 Attachment: Letter PO 4500165598 (1699 : Unpaid Invoices - Kyle)