Agenda 02/12/2019 Item #16E 102/12/2019
EXECUTIVE SUMMARY
Recommendation to accept and ratify the Debarment Determination made by the
Procurement Services Division placing Bradanna, Inc., in a debarred state for a period not
to exceed three (3) years.
OBJECTIVE: To ratify the decision made by the Procurement Services Division Director placing
Bradanna, Inc. (“Bradanna”), in a debarred state for a three (3) year period beginning October 2, 2018
and ending on October 1, 2021. The debarment applies to all officers, directors, managers, principal s,
partners, qualifiers, divisions or other organizational elements of Bradanna, which prohibits them from
conducting business with the County as agents, representatives, subcontractors or partners of other
contractors.
CONSIDERATIONS: The Procurement Services Division received written notification from the Clerk
of the Circuit Court (hereafter, the “complaint for debarment”) requesting the debarment of Bradanna
from all County business based on Bradanna’s guilty adjudication on September 18, 2018, for two
separate third degree felony charges of “Uttering a Forged Instrument,” F.S. § 831.02.
The allegations supporting the complaint for debarment are as specified in the attached Information and
Plea of Guilty or No Contest to Criminal Charges as filed in State of Florida vs. Bradanna, Inc., in Case
#11-2018-CF-001154 filed in the Circuit Court in Collier County, Florida.
Collier County Procurement Ordinance No.2017-08, as amended, Section Twenty-Eight 3.a.(2) describes
a “Cause for Debarment” to include a “Conviction under state or federal law of embezzlement, theft,
forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense
indicating a lack of business integrity or business honesty which currently, seriousl y and directly affects
responsibility as a contractor.”
Bradanna, having pled and been adjudicated guilty of Uttering a Forged Instrument on two counts, has
been found by the Procurement Services Division Director to be subject to the debarment provisions of
the Procurement Ordinance. Accordingly, on October 2, 2018, the Procurement Director instructed
Bradanna to formally respond to the allegations supporting the complaint for debarment as provided in
the Collier County Procurement Ordinance.
In the interim, under the authority granted in Section Twenty-eight, subsection 2 of the Procurement
Ordinance, the Procurement Services Division Director, in that same October 2, 2018 correspondence to
Bradanna (with approval given by the County Manager), suspended Bradanna for a period of no less than
six (6) months, subject to a later imposition of a period of debarment, following receipt of any response to
the debarment from the contractor.
Having considered Bradanna’s October 16, 2018 response and acknowledgement of these charges, the
Procurement Services Division Director moved to formally debar Bradanna on December 4, 2018, for a
period of three (3) years beginning October 2, 2018 and ending on October 1, 2021.
As part of that determination, the Procurement Services Division Director will perform a mid-period
examination of the debarment status of Bradanna on April 2, 2020 and at that juncture will determine if
the debarment period should be shortened or continue for the balance of the full term.
FISCAL IMPACT: There is no fiscal impact associated with this action .
16.E.1
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02/12/2019
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
GROWTH MANAGEMENT IMPACT: There is no Growth Management impacts associated with
this recommendation.
RECOMMENDATION: That the Board accept and ratify the Debarment Determination made by the
Procurement Services Division, placing Bradanna, Inc. in a debarred state for a period not to exceed three
(3) years.
Prepared by: Edward F. Coyman Jr., Procurement Services Division Director
ATTACHMENT(S)
1. Final Debarment Determination Letter to Bradanna signed 12-4-2018 (PDF)
2. Bradanna - ltr E Coyman 10-16-18 (PDF)
3. Debarement Letter to Bradanna signed 10-1-2018 (PDF)
4. Exhibit A - Information document (PDF)
5. Exhibit B - Plea document (PDF)
6. Exhibit C - Judgment document (PDF)
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02/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1
Doc ID: 7807
Item Summary: Recommendation to accept and ratify the Debarment Determination made b y the
Procurement Services Division placing Bradanna, Inc. in a debarred state for a period not to exceed three
(3) years.
Meeting Date: 02/12/2019
Prepared by:
Title: – Procurement Services
Name: Ted Coyman
01/17/2019 1:13 PM
Submitted by:
Title: – Procurement Services
Name: Ted Coyman
01/17/2019 1:13 PM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 01/17/2019 1:24 PM
Procurement Services Ted Coyman Additional Reviewer Completed 01/17/2019 1:43 PM
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 01/23/2019 10:52 AM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 01/25/2019 8:51 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 01/31/2019 8:59 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/31/2019 9:33 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 01/31/2019 9:56 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/31/2019 10:19 AM
County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 01/31/2019 11:18 AM
County Manager's Office Nick Casalanguida County Manager's Office Completed 02/04/2019 3:30 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/12/2019 9:00 AM
16.E.1
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16.E.1.a
Packet Pg. 833 Attachment: Final Debarment Determination Letter to Bradanna signed 12-4-2018 (7807 : Debarment of Bradanna, Inc.)
John S. Sarrett
John S. Sarrett, P.A.
999 Vanderbilt Beach Road 239 325 3350 tel
Suite 200 239 790 5063 fax
Naples, Florida 34108 jsarrett@sarrettlaw.com
October 16, 2018
VIA E-MAIL
Edward F. Coyman, Jr.
Procurement Services Division Director
Procurement Services Division
3295 Tamiami Trail East
Naples, Florida 34112-4901
Re: Bradanna, Inc. Response to Debarment Action
Dear Mr. Coyman:
The purpose of this correspondence is act as the formal response of Bradanna, Inc.
(“Bradanna”) to your letter dated October 2, 2018 (the “October 2nd Letter”). Bradanna does not
dispute the material facts stated in the October 2nd Letter and accepts the Division’s
recommendation of suspension for a period of no less than six (6) months.
With that said, Bradanna is hopefully given its history as a trusted contractor for Collier
County (the “County”), and the fact that the incidents highlighted in the October 2nd Letter were
not intended to nor did they injury the County, that the Division will recommend a reduced
debarment period.
As background, Bradanna and the County have enjoyed a mutually beneficial professional
relationship for years. Bradanna has been one of the fortunate local contractors to be awarded a
general contractor services contract. For the incidents in question, the general services contract was
memorialized by that certain Agreement 14-6307 For General Contract Services dated June 23,
2015, as amended pursuant to that certain Contract Amendment #1 to Contract #14-6307 dated
May 6, 2016 (collectively the “Agreement”). The Agreement highlighted various aspects of the
contractual relationship between Bradanna and the County, including bid procedures and payment
mechanics. Specifically, Section 3 of the Agreement, addressing projects with a value of more than
$50,000 up to $250,000, provides that the County has the right to solicit quotes from Bradanna
and in such request, specify, inter alia: (a) the period required for completion; (b) whether there is to
be a collection of liquidated damages in the event of late completion; (c) if payment and performance
bond(s) are required; and (d) whether a project is to be bid and billed as either a time and material
project or a lump sum project. According to Addendum #1 to the Agreement, which is retroactive
as of the original date of the Agreement, a lump sum bid project is defined as a “fixed total price
offering for a project, which as a business practice there are no hourly or material invoices presented,
16.E.1.b
Packet Pg. 834 Attachment: Bradanna - ltr E Coyman 10-16-18 (7807 : Debarment of Bradanna, Inc.)
Edward F. Coyman, Jr.
October 16, 2018
Page 2 of 2
rather the contractor must perform to the satisfaction of the County’s project manager before
payment for the fixed price contract is authorized.”
The issues highlighted in the October 2nd Letter arose from fixed total pricing projects. As
the subject projects took longer than thirty (30) days to complete, Bradanna sought progress
payments. Despite no legal requirement to do so, Bradanna, in seeking progress payments submitted
the invoices in question along with a schedule of values to the Clerk’s office to illustrate the work
completed for the Project as of the date of the payment request. All work on the projects in question
were finalized, all sub-contractors were timely paid in fully by Bradanna, and the projects were
completed to the County’s project manager’s satisfaction in accordance with the Agreement. The
Agreement did not require Bradanna to submit back up documentation for lump sum bid projects
under the Agreement; however, Bradanna did so with the projects in question only to illustrate work
completed in connection with its request for progress payments. Bradanna did not and has never
sought from the County amounts greater than the fixed, lump-sum price of the projects in question
(or any other project under the Agreement).
While Bradanna finds the current situation regrettable, it accepts the Division’s suspension
recommendation. Bradanna is hopeful given the successful working history it has enjoyed with the
County and the fact that the incidents highlighted in the October 2nd Letter were not intended to
nor resulted in injury to the County, that the Division will recommend a lesser debarment period
so that Bradanna may competitively bid on future County projects.
Thank you for your assistance in this matter. Please contact my office at your convenience,
if you wish to discuss the forgoing.
Very Truly Yours,
JOHN S. SARRETT, P.A.
John S. Sarrett
cc: Client
16.E.1.b
Packet Pg. 835 Attachment: Bradanna - ltr E Coyman 10-16-18 (7807 : Debarment of Bradanna, Inc.)
16.E.1.c
Packet Pg. 836 Attachment: Debarement Letter to Bradanna signed 10-1-2018 (7807 : Debarment of Bradanna, Inc.)
16.E.1.c
Packet Pg. 837 Attachment: Debarement Letter to Bradanna signed 10-1-2018 (7807 : Debarment of Bradanna, Inc.)
16.E.1.c
Packet Pg. 838 Attachment: Debarement Letter to Bradanna signed 10-1-2018 (7807 : Debarment of Bradanna, Inc.)
16.E.1.d
Packet Pg. 839 Attachment: Exhibit A - Information document (7807 : Debarment of Bradanna, Inc.)
16.E.1.d
Packet Pg. 840 Attachment: Exhibit A - Information document (7807 : Debarment of Bradanna, Inc.)
16.E.1.e
Packet Pg. 841 Attachment: Exhibit B - Plea document (7807 : Debarment of Bradanna, Inc.)
16.E.1.e
Packet Pg. 842 Attachment: Exhibit B - Plea document (7807 : Debarment of Bradanna, Inc.)
16.E.1.e
Packet Pg. 843 Attachment: Exhibit B - Plea document (7807 : Debarment of Bradanna, Inc.)
16.E.1.f
Packet Pg. 844 Attachment: Exhibit C - Judgment document (7807 : Debarment of Bradanna, Inc.)
16.E.1.f
Packet Pg. 845 Attachment: Exhibit C - Judgment document (7807 : Debarment of Bradanna, Inc.)
16.E.1.f
Packet Pg. 846 Attachment: Exhibit C - Judgment document (7807 : Debarment of Bradanna, Inc.)