Agenda 10/27/2009 Item # 6CAgenda Item No. 6C
October 27, 2009
Page 1 of 5
COLLIER COUNTY
OFFICE: OF THE COUNTY MANAGER
3301 East Tarniami Trail • Naples, Florida 34112 • (239) 252 -8383 * FAX: (239) 252 -4010
October 9, 2009
James Patrick Guerrero
1965 Platt Road
Naples, FL 34120
Re: Public Petition Request to Discuss Outstanding Invoices for SHIP 09 -025R and
DRI -05 -113, Bowersox Project
Dear Mr. Guerrero:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of October 27, 2009, regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. If the subject matter is currently under litigation or is an on -going
Code Enforcement case, the Board will hear the item but will not discuss the item after it
has been presented. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building NF ") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely,
Sincerely,
Leo E. Ochs, Jr.
County Manager
Request to Speak under Public Petition RECEIVED
OCT - 12009
Please print
Name: :7,414f-5
Address: lq&S-
Phone;
Date of the Board Meebnq you wish to speak: QCTOA 13 2602
Must circle yes or no:
Is this subject matter under litigation at this time? Yes ldq:O--�
Is this subject matter an ongoing Code Enforcement case? Yes
Note: if either answer is "yes", the Board will hear the item but will have no
discussion regarding the item after it is presented.
Please explain in detail the reason you are requesting to speak (attach additional
page if necessary):
Please explain in detail the action you are asking the Commission to take (attach
additional page if necessary):
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Agenda item No. 6C
October 27, 2009
Page 3 of 5
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Tuesday, 09/29/2009
Collier County Boai -1 of Commissioners
3301 E. Tamiami Trail, Bldg. F, 3'd Floor
Naples, Florida 34112
Ref: SHIP 09 -025R and DRI -05 -113, BOWERSOX PROJECT
Dear Board of County Commissioners,
STATEMENT OF THE FACTS
The Collier County Housing and Human Services and Ms. Julie Bowersox contracted with James
Patrick Guerrero, Inc. (Contractor) to perform work on 4232 18" Place SW, Naples, Florida
34116. The owner of this property is Ms. Julie Ann Hardymon Bowersox. In two separate
contracts, Rick Torres and Tammar Hammer of the Housing Department respectively contracted
with the Contractor to perform the work consisting of bid specifications and change orders. The
work is 100% complete, and a certificate of occupancy was issued by Collier County
Development and Environmental Services.
The owner, Ms. Julie Bowersox, was qualified by Priscilla Doria of the Housing Department.
The Contractor presumes that Ms. Bowersox was properly qualified by the County Department
Personnel.
The State Housing Initiative Program (SHIP) 09 -025R file was handled by Rick Torres, and the
Disaster Recovery Initiative (DRI) 05 -113 file was Dandled by Tammar Hammer. Both are
Rehabilitation Specialists for the Housing Department.
The SHIP 09 -025R contract amount was $6,596. The purchase order was increased to include
approved change orders totaling $4,679, and the increased and approved contract amount is
$11,275. Of this amount, unpaid invoices of $8,504 are still owed.
The DRI 05 -113 contract amount was $20,398. The purchase order was-increased to include
approved change orders totaling $11,275, and the increased and approved contract amount is
$31,764. Of this amount, unpaid invoices of $6,205 are still owed.
STATEMENT OF THE ARGUMENT
The Collier County Housing and Human Services, through their respective contract
administrators and supervisors, have_ iotxe a � to six 6) r ests for yment. Timely
invoices have been sent based on the appropriate stages of completion of work. Please find
enclosed below the Detailed Invoice Summary. Only two payments have been received: (1) a
GENERAL CONTRACTOR - DESIGN - BUILD CGC057102 & CCC1327096
Agenda Item No. 6C
October 27, 2009
Page 4 of 5
SHIP - funded check in the amount of $2,711 on July 27, 2009, and (2) a DRI- funded check in the
amount of $25,559 on August 13, 2009, Since August 13, 2009, further requests for payment
have been stopped with no reason specified, i.e., substantiated by official letters or email
indicating contractual reasons. Since work was substantially completed on September 1, 2009,
there is no reason for stopping payments, as it is verifiable that the client, Julie Bowersox, is
satisfied with the work and the work is complete.
ARGUMENT
Whether the Collier County Housing and Haman Services erred in making good on
payments to the Contractor
The Collier County Housing and Human Services has erred in making good on payments, even
in timely and accurate submission of payment requisitions to the Finance Department, according
to the invoice schedule detailed below. There are no reasons for these errors presented in any
official correspondence; therefore, the reasons for this can be many. If the Collier County
Housing and Human Services are not open and truthful with respect to communication indicating
the status of unpaid invoices, then how can the Contractor ascertain the reason for the problem in
the first place? The Collier County Housing and Human Services does not even formally
express the intention of non - payment. The question remains that even after $28,330 in payments
have been paid, why stop payments now? The Contractor relies on the Government Agency to
be honest and truthfiil. Also, the Contractor relies on the Government Agency to make proper
qualification of government clients, like Ms. Bowersox. Finally, the Contractor relies on the
Government Agency to qualify the Contractor himself, as the Contractor, then is trusteed and
must be paid to provide and support family, partner, and subcontractors. All indications show
that the Contractor was relied on by the Government Agency, and the Government Agency erred.
CONCLUSION
The Collier County Housing and Human Services must pay the delinquent invoices immediately,
as some invoices are sixty (60) days aged, and the remaining invoices are over thirty (30) days
aged. Specifically, off -cycle payments shall be made by October 1, 2009 (Thursday) in
accordance with the amounts owed in the enclosed Invoice Summary.
Respectfully submitted,
- lalcej��
es Patrick Guerrero
Captain, USMC (Retired)
President & CEO
James Patrick Guerrero, Inc.
GENERAL CONTRACTOR - DESIGN- BUILD CGC057102 & CCC] 327096
Agenda Item No. 6C
October 27, 2009
Page 5 of 5
BOWERSOX Residence ( 4232 18th Place SW)
File #. ( Tammy) DRI -05-113
File
8
9
10
11
TOTAL $43,039
Remaining to invoice
NONE
after almost 2 months
Ilt►1►1111
Two elects C.O.
300 SF pavers, Bi- Folds,
commodes, hose bibbs
Ext. entry door, Balance- Stucco
T 0
T Ceiling in garage
R Driveway
Garage door + opener
R motor )
GENERAL CONTRACTOR — DESIGN — BUILD CGC057102 & CCC 1327096
$ Amount
Submittal
Received
Notes
to
24 -Jun-
1 $2,771
09
24- Jul-09
PAID
R
24 -Jun-
2 $2,81§6
09
12 -Au -09
PAID
T
2
W.
22 -Jut-
4 $9,820
9
PAID
T
+
27 -Jul-
6 $5,840
09
12-Aug-09
PAID
T
31 -Jul-
7 $7,083
09
12 -Aug -09
PAID
T
8
9
10
11
TOTAL $43,039
Remaining to invoice
NONE
after almost 2 months
Ilt►1►1111
Two elects C.O.
300 SF pavers, Bi- Folds,
commodes, hose bibbs
Ext. entry door, Balance- Stucco
T 0
T Ceiling in garage
R Driveway
Garage door + opener
R motor )
GENERAL CONTRACTOR — DESIGN — BUILD CGC057102 & CCC 1327096