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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. Page 1 of 2 Packet Page -3311- 5/14/2013 16.D.15. 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 Page 2 of 2 Packet Page -3312- 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 Packet Page -3313- Name: OchsLeo Title: County Manager Date: 5/7/2013 1:03:20 PM Packet Page -3314- 5/14/2013 16.D.15.