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Backup Documents 01/09/2024 Item #16F 7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP t b F 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management `6* fl y'l'Z'I�L 2. County Attorney's Office County Attorney Office CHbytt13151 I'll l it( 4. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office yyp ( .5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Vanessa Diaz/Procurement Contact Information 239-252-8947 Contact/Department Agenda Date Item was January 9,2024 Agenda Item Number 16.F.7 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8005 High Sources Inc. number if document is High Sources Inc. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-throughs and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VD document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney's Office at the time the item is input into SIRE. Some documents are time-sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on January 9,2024 and all changes made N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 16 F7 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 22-8005 for "Janitorial Services" THIS AGREEMENT, made and entered into on this day of J O n t7ary 20 2 (, by and between HIGH SOURCES INC. authorized to do business in the State of Florida, whose business address is 13194 US HWY 301 S., #153, Riverview, FL 33578 _, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a two ( 2 ) year period, commencing I upon the date of Board approval; Of en and terminating on two ( 2 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three ( 3 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I■I Invitation to Bid (ITB) Other ( ),# 22-8005 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■� The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page l of 17U Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 4. - 16F7 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. n The procedure for obtaining Work undgt this Agreement is outlined in Exhibit-A-- • n Other Exhibit/Attachment: III • • • Pfice . . 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): IL--uraap..Sum. (Fixed Price : A firm fixed-total price off satisfaction of the County's project manager before payment for the fixed price contract is authorized. n Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ■I Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4,5 : Travel and expenses shall bc reimbursed as per Section 112.061 Fla. Stats. Reimbursements-shall be at the following rates: Mileage $,00..4�4.5 per mile ce'al ast $6(�+0+Q Ltineh "l roo r $ i 9.0 0 class-fare Rental-£a Leetgif t Taxi or Airport Limousine Actual cost of either taxi or airport limousine • items will be paid only aftcr Contractor has providcd all receipts. Contractor shall bc undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16F7 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: HIGH SOURCES INC. Address: 1502 Hobbs Street, Suite 105 Tampa FL, 33578 Authorized Agent: Maximo Chanlatte, President Attention Name & Title: Eliezer Chanlatte, Vice President Telephone: (813) 585-0313 E-Mail(s): operationsm@highsourcesinc.com /echanlatte@highsourcesinc All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: John McCormick Division Name: Facilities Management Address: 3335 Tamiami Trail East Naples, FL 34112 Administrative Agent/PM: James Williams, Assistant Division Director Telephone: (239) 252-7453 E-Mail(s): James.Williams@CollierCountyFL.Gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 1 6 F 7 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. • Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. 1.1 Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. ill Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 _for each accident. Page_5of17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 Ai 16F7 � n • Agreement. Contraete fives_+ +gfat of rcco this insurance. Such insurance shall have limits of not less than $ each claim and aggregate. &I n : Coverage C•- ❑ :Coverage ti its of$ per claim. 14- :Leverage shall have minimum limits of$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16F7 Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ■ Exhibit A Scope of Services, Exhibit B Fee Schedule, I RFP/ • ITB/ Other #22-8005 , including Exhibits, Attachments and Addenda/Addendum, I ! subsequent quotes, and Other Exhibit/Attachment: Public Payment and Performance Bonds 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7of17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16F7 including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(c�colliiercountvfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16F7 Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. • CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25 I I WARRANTY-, , der • • • and conditioned in accordance with thc instructions of the applicable manufacturers, Documents. 4f, within one ('l conformance with thc Contract Documents, Contractor shall correct it promptly after for replacement or repair of adjacent materials or Work which raay be damaged as a result of such replacement or repair. These warranties arc in addition to those implied 26. I • • inspections, tests or approvals shall be performed in a manner and by org-ani-zations a ceptable to the County. 27. ❑ A. Contractor shall fully protect t Contractor. Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16F7 any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the We fk or adja •ent property to stresses or pressures that will cnda.nger it vv in-c�rrcraric�..r ic. C. Contractor shall not disturb any benchmark established by the County with respect 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal Pauc 11 of.17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16F7 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. KEY-PERSON . this project shall be knowledgeable in their areas of expertise. The County reserves the • r ¢ }da}><s$f he-ehange-.—Th personnel. IUI AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. I �pD'`p'®.G'QrDE�`CIIGAIf`F�—ro:o.-.e..- rrr �ui• the County's board approved -the-Gust • 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. Paac 12 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAC) 16F7 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(7colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. I■i SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. Page 13 of 17 Fixed Term Service Multi-Contractor Agreement [2023_Ver.1] 16F7 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER C U TY, FLORIDA Court and omptr Iler By: ( p(i By: Dated: I f 1 —R1 Chris Hall, Chairman (SEAL) Attest as to Chairman's .._ signature only Contractor's Witnesses: HIGH SOURCES INC. Contractor DBA By. Contractor's First Witness ignature I ck A ei\A L' PA -f E1 C�r1� wl - TType/print signature and titleT TType/print witness name Contractor's Second Witness `1-P All 4r [ a_ TType/print witness nameT Approved - - •- egality: 'Vitt IIAttorney Pin Nape Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 Aria AO 16F7 Exhibit A Scope of Services ❑■ following this page (pages through 12 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 y� �...AO 16F7 a ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES DETAILED SCOPE OF WORK This Agreement is awarded on a Primary/Secondary basis for Zone 2. If the primary or secondary contractors cannot perform the work under this Agreement for any Zone 2,the County reserves the right to solicit quotes from all remaining contractors to fulfill the service requirements for that respective Zone using the results from Bid#22-8005. Primary Contractor:American Facility Services,Inc. Secondary Contractor: High Sources Inc. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract renewal date thereafter and submitted in writing to the Division Director of Facilities Management. Price adjustments are dependent upon the most recent 12-month Consumer Price Index for all Urban Consumer(CPI-U)for the Miami-Ft.Lauderdale area,budget availability,and Facilities Director or designee approval,and cannot exceed 3%annually,whichever is less. Contractor's Responsibilities It shall be understood and agreed that all services,materials,and equipment provided under this Agreement shall comply fully with all Local,State,and Federal laws and regulations. Prior to the start of work,the Contractor will be expected to supply the following: • An Organizational Chart • Quality Control program • Safety Program • Green Cleaning Program • A thirty(30)day transition plan The Contractor,as well as the Contractor's employees or other representatives,including all subcontractors at every tier(including vendors,repair persons,and/or delivery individuals,will have physical access to County facilities or locations related to security or public safety and shall be required to comply with the fingerprinting and background checks through a recommended outsourced vendor.Once approved,the County will provide a badge with access to the designated areas. Collier County Sheriffs Office requires separate fingerprinting prior to work being performed in any of their locations. Court Administration may provide additional requirements to work in their area, including but not limited to taking a computerized questionnaire. The Contractor shall provide a phone list where the Contractor's Project Manager or designated representative can be contacted immediately in the event of unsatisfactory performance or at any time in the event of an urgent need.When the County contacts the Contractor via phone call or e-mail due to an urgent need or unsatisfactory performance,the Contractor shall return the call within twenty(20)minutes of the originating call. If the call is not returned within twenty(20)minutes,the County has the right to complete the work with the County's employees or outside contractors. All Contractor(s) personnel will always wear shirts with the Contractor's business name and have a Collier County Government- issued badge/card available.Site access will only be limited to the required company vehicles and delivery vehicles.Any parking at any of the County buildings or facilities is to be coordinated in advance of starting a purchase order with the County designee. Contractor(s)parking shall not interfere with County personnel,public parking,or pedestrian traffic.Violators will be towed at the Contractor's expense. Proper behavior and language by all Contractor(s) employees will consistently be enforced while working on County property. Contractor(s)employees shall be prohibited from disturbing items in the County offices and from smoking in any County facility. All contractors shall keep two(2)weeks of supplies and provide proof to the Facilities Management Division for emergencies. Performance Bonds The Contractor shall be required to furnish the necessary Performance Bonds. Under this Agreement with Collier County the Contractor will furnish a Payment and Performance Bond in an amount equal to the contract price.The form of the bonds shall be in accordance with Section 255.05 of Florida Statutes.Contractor will furnish annually a Payment and Performance Bond in an amount Page 1 of 12 Exhibit A-Scope of Services CAO 16F7 ITB##22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES equal to the contract price.The form of the bonds shall be in accordance with Section 255.05 of Florida Statutes.The Contractor is responsible for providing the County an annual renewed bond 60-days prior to the bond expiring for each term the contract is in effect. Failure to do so, will result in termination of the agreement. Payment and Performance Bond shall be secured from or countersigned by an agency or surety company recognized in good standing and authorized to do business in the State of Florida. The following exceptions to Contractor providing Performance and Payment Bonds are as follows:In Iieu of the Performance and Payment Bonds,a contractor may file with the County an alternative form of security in the form of cash,a money order,a certified check,a cashier's check,an irrevocable letter of credit,or a security of a type listed in part II of chapter 625,Florida Statutes.Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bonds. The value of an alternative form of security shall be in the amount of the Contract. Quality Control The Contractor shall establish a quality control program to assure that the contract's requirements are provided as specified. This program shall include,but is not limited to: • An inspection system covering all services stated in the specifications should specify the areas to be inspected on a scheduled basis,including random inspections on offset times other than scheduled.A reoccurring report(weekly/bi-weekly/monthly)shall be provided to the Facilities Compliance Officer based on the results of the Contractor's quality control measures. • A method of identifying deficiencies in the quality of services performed and a prescribed method for correcting the deficiency. All deficiencies will be reported to the County's Contract Officer and/or Administrator in writing within forty-eight(48)hours. • The Contractor shall maintain a file of all inspections conducted and any corrective action is taken.This documentation shall be provided to the County's Contract Officer and/or Administrator monthly during the contract term. • Through daily visual inventory,the Contractor,the Contractor's Project Manager,or the Contractor's employees shall notify the County's Contract Officer and/or Administrator of any missing or damaged furnishings or equipment. In addition,any items requiring maintenance or repair shall be reported to the County's Contract Officer and/or Administrator.Items such as plugged toilets,leaking pipes, loose tile, in-operative lights,etc.,must be reported to the Facilities Management Division's Operations Center. • Emergency repairs,such as broken pipes,floods,or serious roof leaks,must be reported to the Facilities Management Division's Operations Center immediately. • A complete Safety Proaram shall be provided to the Facilities Compliance Officer prior to the start of work.This shall be kept updated throughout the term of the contract.All changes/updates shall be reported to the Facilities Compliance Officer weekly. • A complete Green Clean program to ensure green cleaning products, equipment, and procedures being used shall be implemented and provided to the Facilities Compliance Officer. Under this Agreement Zone 2 is defined in the attached Exhibit B Fee Schedule("Fee Schedule"). Unit prices will be based on cost per square foot per service day.Buildings and spaces that need to be added or removed will be based on the square footage of the buildings and service day cost as shown on the Fee Schedule and added or removed to the respective zone. Unit prices for parking garages are based on a cost per service day. Hourly rates for cleaning services will be provided for additional services or special events that are not part of the regular tasks. All Contractors must provide the proposed scheduled cleaning time for each site under this Agreement. This scheduled cleaning time shall be discussed and agreed upon at the kickoff meeting prior to contract commencement. Minimum Task Requirements Below are the minimum task requirements for each requested site. Work in all locations shall be scheduled such that it will not disrupt the functions and routine day-to-day procedures of the County facilities.The County reserves the right to approve and make changes to the schedule initially established with the Contractor at any time. Page 2 of 12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES Each location shall be serviced according to the tasks listed below, with a few exceptions. Collection stacks in libraries require dusting at the end of the stacks with a microfiber cloth. The contractor is not required to remove books or other periodicals from dust.All cleanings must take place on the days specified below.The examination rooms must be cleaned without touching Building H-Health Building,Immokalee Health Building,and MedCenter(Building D-Risk).These buildings all have an internal bio-hazard protocol. Cleaning at fitness centers does not include any fitness equipment. The North Regional Park Rec-Plex gym is cleaned by staff. The semi-annual floor work at Golden Gate Community Center and Immokalee Sports Complex is handled by Parks. Basic service does include daily sweeping/mopping of those particular gym floors. 1.Offices,Libraries,Public Services,and Parking Garages 1.1. Offices • Every Service Day Tasks • Empty all personal wastebaskets,which shall be disposed of at the sites' central dumpsters.Damp wipe, if necessary, and replace liners.Black liners for garbage,clear liners for recycling. • Remove any gum,tar,or other foreign matter from floors within 25' of the entrance exterior. • Sweep and damp mop all hard surface floors. • Empty all kitchen area trash and recyclables,which shall be disposed of at the sites' central trash and recycling dumpsters.Damp wipe, if necessary,and replace liners.Black or white liners must be used for trash and clear plastic for recycling. • Spot-clean walls.Clean light switches,doors,door handles,display cases,elevators&panels, counters,shelves,and laminated plastic surfaces. • Clean and sanitize drinking fountains. • Spot-clean all interior glass surfaces,including side panels,display case glass,glass walls,doors,interior windows not part of the building envelope,and security/privacy glass. • Empty all cigarette receptacles. • Police stairs and landings for debris and spills. • Clean all door handles,inside and out. • Restrooms Tasks • Clean sinks with detergent/disinfectant. • Clean counters with detergent/disinfectant. • Supply and resupply paper towels,soap,toilet tissue,toilet seat covers,feminine hygiene products,etc. • Clean all stall walls,doors,exposed tile,shower walls,and walls around urinals and toilets with detergent/disinfectant. • Change out urinal screens on a bi-weekly basis. • Clean toilets under basins,around toilets,and urinals using detergent/disinfectant. • Damp wipe ledges. • Clean and polish mirrors,soap dispensers,washbasin,and all plumbing fixtures. • Sweep and then wet mop floors using detergent/disinfectant. • Clean all door handles,inside and out. • Report any maintenance issues to the Facilities Operation Center. • Entrance Tasks • Sweep and pick up inside and outside entrances within a radius of 25 feet. • Empty and install a new black or white liner bag in trashcans,if necessary. • Sweep cobwebs and dust from walls around the entrance and windows. • Clean entrance door handles,inside and outside. • Shake and sweep down exterior/interior floor mats. • Empty cigarette receptacles. Page 3 of 12 Exhibit A-Scope of Services CA4 16F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES • All doors,door handles, sliding,and glass panels shall be cleaned with a damp cloth. • Vacuum all pedigrid systems. • Clean all security Code Blue®boxes'. Code Blue boxes are the security call boxes located at most county buildings'entrances. • Weekly General Tasks(as part of the regular daily service) • Dust all horizontal(excluding desktops/monitors/phones)and vertical surfaces that are readily available and visibly require it. • Clean all doors,frames,kick,and push plates with a damp cloth. • Clean all A/C vents reachable with an extension rod. • Clean all vending machines with a damp cloth. • Damp wipe ledges. • Clean and polish mirrors,soap dispensers,washbasin,and all plumbing fixtures. • Sweep and then wet mop floors using detergent/disinfectant. • Clean and vacuum all carpeted areas. • Clean all door handles,inside and out. • Report any maintenance issues to the Facilities Operations Center. • Monthly General Tasks(as part of the regular daily service) • Dust all ceiling fans,top of bookcases,etc.,and anything reachable with an extension rod. • Wash/wipe down building lobby walls and high-traffic areas, if necessary. • Wipe down all non-upholstered furniture. • Dust blinds(vertical and horizontal). • Quarterly • Every three months General Tasks(as part of the regular daily service) • Clean all grout in tile flooring to maintain the original grout color. • Bi-Yearly • Every six months General Tasks(as part of the regular daily service) • Vacuum office partitions,if necessary • Clean exterior 1st-floor windows and interior windowpanes on all buildings. • Steam clean upholstered furniture as requested by County personnel within each facility. • Truck-mount or backpack;hot water or steam extract all carpets and pedigrid systems in all buildings or use dry cleaning method at client's request. • Strip and refinish all hard floors—including but not limited to hallways,lobbies,elevators,restrooms,open offices, etc.(Schedule with building occupants). 1.2. Libraries(per Building per service day) Each location shall be serviced according to the tasks listed above in 1.1 Offices. Collection stacks in libraries require dusting at the end of the stacks with a microfiber cloth.The contractor is not required to remove books or other periodicals from dust. All cleanings must take place on the days specified below. 1.3. Public Services(per Building per service day) Each of the following locations shall be serviced per the tasks listed in 1.1 Offices. Building H, Health Building, Immokalee Health Building,and Med Center(Building D-Risk)all have an internal bio-hazard protocol. Cleaning does not include fitness equipment,removal of medical waste, or sharp objects. The examination rooms must be cleaned without touching the equipment. All cleanings must take place on the days specified below. 1.4. Parking Garages(per Service Day) The following sections are the minimum task requirements for each requested parking garage site: • Vanderbilt Beach Parking Garage: • Empty and wipe down all trash,recycling,and cigarette receptacles. Page 4 of 12 Exhibit A-Scope of Services I ,A.O 16F74111 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES • Clean restrooms as per the specs in Attachment A for restrooms. • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Wipe down all Elevator walls. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Pick up and remove all trash on all levels. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • GMD Parking Garage Tasks: • Empty and wipe down all trash,recycling,and cigarette receptacles. • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Pick up and remove the trash on all levels. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • Complex Parking Garage#1 Tasks: • Empty and wipe down all trash,recycling,and cigarette receptacles. • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Pick up and remove the trash on all levels. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • Complex Parking Garage#2 Tasks: • Empty and wipe down all trash,recycling,and cigarette receptacles. • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • Clean glass entrance doors to the garage. Detailed Specifications,Supplies,and Equipment • The Contractor shall furnish all necessary labor,tools,appliances, equipment, supplies and maintenance,and other necessary accessories,services,and facilities to perform the services specified in the resulting contract. • All work shall be performed in strict accordance with the cleaning equipment and product specifications and standards of performance specifications stated in the resultant contract. • Complete,comprehensive details of the required tasks are listed in Attachment A: Detailed Cleaning Specifications. • A complete list of required supplies and equipment specifications is listed in Attachment B: Supplies and Equipment Specifications. Additional/Hourly Janitorial Services • These services are used for special events or when additional janitorial services are deemed necessary by the County. Duties are outlined in section 1. All Facilities or as requested by the County prior to the Contractor's service day. Rates for these additional services and material markup are provided in the attached Fee Schedule. • Overtime rates at the time and one-half will apply for hourly janitorial services that occur after hours, on County-observed Page 5 of 12 Exhibit A-Scope of Services co 16F7 ITB#22-8005S "Janitorial Services-Supplemental" EXHIBIT A SCOPE OF SERVICES holidays,or in the event of a declared local state of emergency.Regular business hours are Monday—Friday,7:00 a.m.—5:00 p.m. • All invoices shall include: • The Facility Location/address • Purchase Order number • Month of Service,breakdown of services, and backup for additional hourly services, including invoices/receipts for materials and sub-contractors. Day Porter • A day porter will be located at the main government campus Monday—Friday,7:00 am—3:30 pm. • The Facilities Management Division Manager or designee must have the contact's name and phone number for this day porter to be contacted in an urgent request. • The Contractor's unit price for Zone 1 shall include a Day Porter, separate from the Janitorial staff and assigned to the Main Government complex or as reassigned by the Facilities Management Division Manager or designee. Duties are as follows but are not limited to: • Remove cobwebs from entrances of all buildings and walkway canopy. • Empty cigarette receptacles as needed. • Wipe down marble on the exterior of the Jail. • Clean benches,as needed. • Remove ground trash,as necessary,concentrating on the snack bar area,i.e.,cigarette butts,etc. • Check the 1st Floor stairwell of Building F off-secured parking. • Clean the tops of all exterior trash/recycle containers. • Completely clean handrails. Bid Alternates Bid alternates will be utilized to allow for additional service visits on the same service day and in the same location. Each additional service visit per day shall include the minimum daily task requirements specified for each site. Additional service visits may be requested at the following sites: ZONE 2 Type Building Address Beach Barefoot Beach Restrooms 505 Barefoot Beach Blvd Beach Bluebill Restrooms 1131 Gulfshore Blvd Beach Cocohatchee Park Restrooms Coast Guard&Playground RRs 13531 Vanderbilt Drive Beach Vanderbilt Beach Restrooms-new 100 Vanderbilt Beach Road Beach Vanderbilt Beach Restrooms-old 100 Vanderbilt Beach Road The Facilities Management Division Manager,or designee,may add additional sites to the list above.Pricing for any sites added shall be based on the additional services unit price specified in the Contractor's Fee Schedule. Additions and Deletions of Locations and Services No amendments to the resultant contract will be required to add or delete facility locations or service days. The Facilities Management Division Manager, or designee, shall provide written notice to the Contractor of any additional and/or new locations or if removing a location from coverage.Prices for any additions and deletions,including service days,shall be based upon the unit price specified in the Contractor's Fee Schedule,which is a cost per square foot per service day rate,or in the case of the parking garages,cost per day.The removed location shall not be billed for the month of removal. Page 6 of 12 Exhibit A-Scope of Services cop 16F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES Records and Documentation The Contractor is responsible for maintaining and updating records for each serviced location.The documentation will include,and not be limited to,records of all service calls, services performed, site recommendations,and any additional services, if applicable. The Contractor will maintain a service log for each site.The Contractor will not charge for any call-back work.All reports shall be sent to the County's Contract Officer,noting the date,type,service,location,etc. A current material, supplies, and equipment list shall be provided and updated quarterly to the County's Contract Officer and/or Contract Administrator,noting the date,type,service,location,etc. A Safety Data Sheet(SDS), in compliance with the standards outlined in Occupational Safety and Health Administration(OSHA) Hazard Communication Standard(H.C.S.),29 CFR 1910.1200,shall be provided to the County's Contract Officer and/or Contract Administrator.This includes but is not limited to: • The chemical name and the common name for the toxic substance. • The hazards or other risks in the use of the poisonous substance, including but not limited to:the potential for fire,explosion, corrosively,and reactivity;known acute and chronic health effects of the risks from exposure,including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and the primary routes of entry and symptoms of over-exposure. • The proper precautions,handling practices,necessary personal protective equipment,and other safety precautions in the use or exposure to the toxic substances, including appropriate emergency treatment in the case of overexposure. • The emergency protocol for spills,fire,disposal,blood-borne pathogens,and first aid. • A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading the information. • The year and month,if available,that the information was compiled and the name,address,and emergency telephone number of the manufacturer responsible for preparing the data. Note: All changes/updates shall be immediately reported to the Facilities Management Division Manager or designee. Page 7of12 Exhibit A-Scope of Services CPO 16F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES Attachment A: Detailed Cleaning Specifications The following information is a detailed explanation of the minimum expected on each task. Trash Removal(Each service day) • The Contractor shall include the cost of trash removal and the black or white plastic liners in its unit price.The County shall provide dumpsters or compactors at each site. • Main Government Complex janitorial contractor must utilize the compactor behind the Jail and dispose of trash from most buildings, except Building W (Facilities Management Division), Building G(Fitness Center), and Museum, which can utilize the containers located at Building W(Facilities Management Division). • The Contractor shall provide appropriate equipment for office trash removal to avoid the possibility of floor damage due to the dragging of trash bags or containers through buildings.Any damage to carpets and floors caused by dragging bags or containers will be repaired or replaced at the Contractor's expense.The Contractor will immediately clean any dragging stains on the carpet or concrete.No drag lines will appear while emptying inside or outside garbage. Recyclable Material Removal(Each service day) • All recycling shall be placed in an outside receptacle,loose,not in plastic bags. • County employees are to empty their containers into a centrally located container within the building, which the janitorial contractor will remove every service day. • All recyclable materials and their revenues are the property of Collier County. Removing all recyclable materials shall conform to all applicable Federal, State,or Local laws. Vacuuming Carpets(Once per week) • All carpeted areas shall be totally and completely vacuumed one(1)time per week or as deemed necessary due to an issue, leaving them free from visible dirt and debris. Special attention shall be paid to baseboards and corners. • All carpeted areas shall be vacuumed using a motorized vacuum with brush/beater bars with a HEPA-filter 0.3-micron filtration system and dual motors.The County requires that the system meets or exceeds the stated vacuum requirements. • The Contractor is responsible for providing vacuums to all buildings within their zone(s). • The Contractor is responsible for replacement with an appropriate filtration system and must provide information on the vacuum model to the Facilities Management Division Manager for approval. • All stains must be removed each night.If a stain cannot be removed,the area stained shall be reported in writing to the Facilities Management Division Manager or designee within twenty-four(24)hours. Basic Cleaning(Each service day) • All washable surfaces, including but not limited to office furniture, office partitions, counters, stainless steel, around light switches,windowsills,bulletin boards,shelves,display cases(excluding Museum's display cases),laminated plastic surfaces, elevators, and elevator panel boards, shall be cleaned using a microfiber cloth dampened in an all-purpose cleaner unless otherwise specified. Replace hand sanitizer as needed. All stair hand railings shall be cleaned weekly.Stairs shall be swept and wet mopped weekly. Interior/Exterior Glass Cleaning(Every six months/as needed) • All washable interior glass surfaces including but not limited to side panels,display case glass(excluding Museum's display cases), glass walls and doors, and security/privacy glass, shall be cleaned on service days by a cloth dampened in a window cleaner. • All first-floor exterior windows of each building shall be cleaned every six(6)months. • Facilities Management Division reserves the right to request a quote for all multi-story building windows to be cleaned yearly. Entry Cleaning(Each service day) Entrance area cleaning shall be performed on service days and shall include but is not limited to: • All doors,sliding glass panels, and side windows shall be cleaned with a cloth dampened with glass cleaner. • All debris, including but not limited to paper, gum, leaves, cigarette butts, and cobwebs, shall be removed daily,both on the inside and outside of the entrance,including all porches up to twenty-five(25)feet in front of EACH entrance. • All door and window frames,doorknobs,and push bars(inside and outside)shall be cleaned with a cloth dampened with an all- purpose cleaner. Page 8 of 12 Exhibit A-Scope of Services cp,o 16F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES • All pedigrid entry systems shall be vacuumed on service days. • All pedigrid entry systems shall be deep extraction cleaned twice per year. Floor Mats(Each service day) • All floor mats located in the facility's exterior or interior shall be swept on service days. Drinking Fountains(Each service day) • All drinking fountains must be cleaned on service days with a germicidal cleaner.The entire drinking fountain shall be free of streaks,stains,spots,smudges,scale,and other apparent removable soil. Sweeping/Wet Mopping Hard Floors(Each service day) • All hard surface floors shall be swept using a microfiber dust mop and then damp mopped on service days.This includes but is not limited to elevator floors, restroom floors,office floors, and hallways. All Community Center hard surface floors shall be swept,and damp mopped every service day. Warning barricades(with dual language)shall always be used when any surface is damp. • A micro-fiber mop shall be used for sweeping.For damp mopping,an all-purpose cleaner or germicidal cleaner shall be used. Ash Receptacles(Each service day) • Wall-mounted ashtrays and floor-type ash receptacles within the area shall be emptied and returned to their locations.The wall- mounted and floor-type receptacles with removable ashtrays in public areas shall be damp wiped with a cloth to remove evident soil.Any cigarette butts surrounding the receptacle within 10'will be picked up and disposed of. Dusting(Once per week/monthly) • All horizontal surfaces less than ten feet(10')above the floor that does not require being damp wiped shall be dusted weekly using a microfiber dust cloth.No feather dusting is allowed without exception. • All picture frames,clock face glass,and surfaces under eight feet(8')above the floor shall be dusted weekly. • All AC vents(supply/return)shall be cleaned weekly,if reachable,with an extension rod. • All ceiling fans and tops of bookcases(with no items)shall be cleaned monthly,if reachable with an extension rod. Doors(Each service day) • All doors, door handles (front and back), door frames, and kick and push plates shall be cleaned every service day, or more frequently if needed,using a dampened microfiber cloth. • All switch plates shall be cleaned,including the area around them. • All furniture, waste receptacles, etc., must be returned to their original positions after floors have been cleaned so employees can begin work the following morning. Vending Machines(Weekly) • The surfaces of all vending machines,including the top,shall be cleaned weekly;or as needed. Walls/Baseboards(Monthly) • All walls and baseboards shall be spot washed as needed unless otherwise specified in these specifi cations. Blinds(Monthly) • All mini-blinds,vertical blinds,and horizontal blinds shall be dusted monthly using a damp microfiber cloth or a vacuum cleaner with the proper attachment to remove all dust, smudges, and dirt. No feather dusting is permitted without exception. After cleaning,the mini blinds shall be straightened and returned to their original position. Dry Clean Carpets(Every six months) • Dry cleaning may be substituted by extraction at the Facility Manager's discretion. This is the preferred method for cleaning small spots daily. • Departments must be notified five(5)days prior to scheduled cleaning. Page 9 of 12 Exhibit A-Scope of Services CIO Z6F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES Strip&Refinish Hard Floors or Spray Buff(Every six months) • The hard floors in all closed and open office areas,hallways,lobbies,elevators,and all restrooms shall be stripped and refinished every six(6)months.Hosing off the floor shall not be permitted. • All movable furniture and objects shall be moved out of the area. • Locker and shower floors shall be scrubbed every six(6)months. • Departments must be notified at least five(5)business days prior to scheduled cleaning. • All furniture,waste receptacles,etc.must be returned to original positions after floors have been cleaned so employees can begin work the following morning. • Departments must be notified five(5)days prior to scheduled cleaning. Furniture Fabric Cleaning(Every six months) • All non-upholstered furniture shall be cleaned monthly. • All upholstered furniture shall be steam-cleaned semi-annually as requested by each division. • Furniture surfaces and legs shall be cleaned as required. • The fabric found on office partitions shall be vacuumed bi-annually. Deep Extraction Carpet Cleaning(Every six months) • All carpets shall be cleaned every six(6)months.All departments must be notified five(5)days prior to scheduled cleaning. Scheduling,Employee Work Hours,and Wages • The Contractor shall be responsible for scheduling its employees to accomplish the tasks and cleaning requirements specified in the Specified Tasks and Frequency Schedule at times designated by the building-cleaning schedules found in these specifications.Employee scheduling shall be enough(7 days)to allow for compliance with the Specified Tasks and Frequency Schedule as referenced above. • The Contractor has the prerogative to increase the number of employees on the job to ensure compliance with the contract specifications at no cost to the County. • The Contractor shall always have a non-working supervisor on site for Zone 1. • The Contractor for Zones 2-4 shall have two(2)daytime non-working supervisors and one(1)nighttime non-working supervisor on-site,dependent upon the number of zones under this Agreement. • Evening start-time for the Contractor personnel shall be 5:00 pm unless otherwise arranged or designated. The Contractor's employees shall not start earlier without the express consent from the Facilities Management Division Manager or Designee and the Contractor's supervisory personnel. • In the event of evening meetings being conducted in County facilities,the Contractor shall be responsible for proper cleaning provided at the end of the meeting by 9:00 pm.When meetings end after 9:00 pm,the Contractor shall be responsible for cleaning the area the next morning,with no deduction from the Contractor's invoice. Recycling • Removal of recycling will take place on service days. All facilities not on the main government complex must have exterior recycling containers,per County ordinance,for use by the janitorial staff or decide that County staff will handle.Janitorial staff is not required to separate recycling of trash/recycling containers or breakdown boxes prior to removal. All recycling shall be placed in an outside receptacle,loose,not in plastic bags. County Holidays • The schedule for all observed holidays is listed below.The Contractor shall not be required to perform services on these days unless requested by the County with one(1)week advanced notice.The exceptions are,now,the Sheriff's Substations,Special OPS,CID,CCSO Fleet,Beach Restrooms,General Park Facilities,and the 911 Call Center located in the ESC Bldg.The following days shall be holidays recognized by Collier County: New Year's Day Independence Day Day after Thanksgiving Martin Luther King Day Labor Day Christmas Eve Day President's Day Veteran's Day Christmas Day Memorial Day Thanksgiving Day The dates of the holidays observed change yearly.The Contractor should check with the Facility Manager for an exact schedule of when the County,Clerk of Courts,Court Administration,or Health Department observes each holiday. Page 10 of 12 Exhibit A-Scope of Services CAC) t6FT ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES Attachment B: Supplies and Equipment Specifications It shall be understood and agreed that all services, materials,and equipment shall comply fully with all Local, State,and Federal laws and regulations. General Specifications • All equipment and supplies shall be Green Seal Certified, where applicable. Any changes must be approved by the Facilities Management Division Director or his designee.Changes can be requested by the Facilities Management Division Director or his designee. • Proof,by invoice or packing slip,shall be shown to Facilities Management Division Manager that acceptable supplies are provided. • Using cleaning products and/or chemicals,the Contractor is representing to the County that it has the experience and knowledge to prevent the use of such supplies/chemicals singularly or in combination in such a manner to pose or cause a risk or threat of actual harm to the public,Contractor's employees,or the County's employees. • Reference of Green Seal Certified Products: https://certified.zreenseal.org/ Supplies Current toilet paper, paper towels, and soap dispensers are Tork. The County will fully transition to the following under this Agreement: GOJO FMX-20 Push-Style Foam Soap Dispenser Georgia Pacific#54338a Push Paddle Roll Towel Dispenser San Jamar Twin 9"JBT Dispenser#R4000TBK Additional locations may be added for which Facilities Management is unable to use the above-identified dispenser. New dispensers shall be installed during the transition at all locations except for the following: **GMD—P&R-Development Services—2800 Horseshoe Dr.N Current dispensers: GOJO#5361-02 Soap Dispenser EN-Motion#89410 Paper Towel Dispenser Angel Soft#16560 Toilet Paper Dispenser All dispensers will be installed under this Agreement. • The following supplies shall be provided by the Contractor and installed in the proper locations and shall conform to GREEN SEAL CERTIFICATION: https://greenseal.ort/certified-products-services: • Toilet tissue shall be two-ply—GS-1 • Paper towels shall be continuous center pull,roll,etc.—GS-1 • Hand soap • Trash liners—Black or white liners for trash and clear liners for recycling • Urinal floor screens • Toilet Seat Covers • Feminine Hygiene products—Guards#147 or equivalent;Women's sanitary product(Revenues to be kept by Contractor) • Hand Sanitizer for dispensers • Wax bags Germicidal Cleaner • Germicidal cleaner shall be Green Seal Certified, if appropriate. The product shall not cause any surface deterioration when appropriately used and shall not cause the color to bleach or bleed.All containers shall be labeled with the hazardous agent noted and necessary precautions indicated.Bleach may be used at approved locations. All-Purpose Cleaner • The cleaner shall be made from high-quality soaps,abrasives,and disinfectant agents,uniformly mixed. It shall not cause colors to bleach or bleed. • The all-purpose cleaner shall be Green Seal Certified,if appropriate. Page 11 of 12 Exhibit A-Scope of Services 16F7 ITB#22-8005S "Janitorial Services-Supplemental" EXHIBIT A SCOPE OF SERVICES Stainless Steel Cleaner • Stainless Steel Cleaner shall be Green Seal Certified,if appropriate. Bowl Cleaner • Bowl cleaner shall be chemically effective for the removal of scale, film,plumbers stone,or organic material. It shall also clean and deodorize without damaging the finish or fittings. • The bowl cleaner shall be Green Seal Certified,if appropriate. Glass Cleaner • Glass cleaner shall be a blend of synthetic organic detergents, alcohols,solvents,and germicidal components; it shall not contain any perfume,ammonia,or inorganic alkalis. • The glass cleaner shall be Green Seal Certified,if appropriate. Floor Finish,Sealer,and Stripper • All floor finishes, sealers, and stripper specifications shall conform to the manufacturer's instructions. The floor finish shall be completely waterproof within twelve(12)hours after application. • Floor finish shall be non-yellowing on the floor and should be milk white in the original container rather than tan. The floor finish shall be Green Seal Certified,if appropriate. Cleaning Equipment • All rotary machines used for buffing purposes shall be high-speed machines. • When dusting is required,micro-fiber cloths and equipment shall be used.Feather dusting is not permitted. • Micro-fiber mops shall be used to eliminate the scattering of dust. Storage • When possible,the County will provide areas for storing the Contractor's supplies and equipment.The Contractor shall maintain the storage areas in a clean,orderly,and safe condition at all times. Page 12 of 12 Exhibit A-Scope of Services CPO 16F7 Exhibit B Fee Schedule following this page (pages through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 Invitation to Bid (ITB) 22-8005S "JANITORIAL SERVICES -SUPPLEMENTAL" EXHIBIT B FEE SCHEDULE -Zone 2 SECONDARY CONTRACTOR HIGH SOURCES INC. SECTION 1: REGULAR SERVICES Line# Description Unit of Measure Zone 2 1 Janitorial Services in Offices, Libraries and Public Sq. Ft. per $ 0.0043 Service Locations(not including parking garages) Service Day SECTION 2: PARKING GARAGES Line# Description Unit of Measure Zone 2 2 GMD Parking Garage-Zone 2 Cost per $ 50.00 Service Day 3 Parking Garage Vanderbilt Beach-Zone 2 Cost per $ 50.00 Service Day SECTION 3-BID ALTERNATES Line# Description Unit of Measure Zone 2 Additional site visit to perform regular services in Sq. Ft. per 4 addition to base service visit per day Additional Service $ 0.0080 (excluding parking garages) Visit SECTION 4-ADDITIONAL JANITORIAL SERVICES & MARKUP Hourly rates for Additional Janitorial Services not identified as a service day rate Normal Business Hours Off-Hours(OT)" Line# Description Price Price 5 Hourly Janitorial Services per hour $ 19.00 $ 28.50 6 Material Mark-up not to Exceed 10% 10.00% 7 Sub-Contractor Mark-up not to Exceed 15% 10.00% *Note:After Normal Business Hours,County-observed Holidays,or During a Local State of Emergency(i.e.,Hurricane)(Time&1/2) Prices shall remain firm for the initial term of this contract Page 1 of 2 Exhibit B- Fee Schedule 16F7 Page 2 of 2 Exhibit B-Fee Schedule 1 6 F7 Other Exhibit/Attachment Description: Public Payment and Performance Bonds (� following this page (pages through 6 n this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 { 16F7 " Exhibit C-1 ❑ this exhibit is not applicable PUBLIC PAYMENT BOND Bond No. Contract No. 27_Aflfl5S KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 2023 with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2023 , the name of under-signed representative, pursuant to authority of its governing body. Page 1 CAC) 16F7 '" Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or C] online notarization, this of 2023 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) Page 2 16F7 OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this _ of 20 23 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 3 GPQ 1 6 F7 this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 22-8005S KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to _ , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2023 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 4 I 6 F 7 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2023 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this _ of 20 23 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 5 16F7 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online notarization, this of 20 23 , by as of , a corporation,on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 6 GNC) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 17 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 171 /z�, 2. County Attorney's Office County Attorney Office CNbyfr&N qerfe"( 4. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office IMF i i l �f 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Vanessa Diaz/Procurement Contact Information 239-252-8947 Contact/Department Agenda Date Item was January 9, 2024 Agenda Item Number 16.F.7 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8005S American Facility number if document is American Facility Services, Inc. to be recorded Services, Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-throughs and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VD document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney's Office at the time the item is input into SIRE. Some documents are time-sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on January 9,2024 and all changes made N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 16F7 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 22-8005S for "Janitorial Services - Supplemental" THIS AGREEMENT, made and entered into on this c1 day of ,lol fUGtflJ 20 44, by and between AMERICAN FACILITY SERVICES, INC., a Georgia corporatidn authorized to do business in the State of Florida, whose business address is 1325 Union Hill Industrial Court, Suite A, Alpharetta, GA 30004 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESS ETH: 1. AGREEMENT TERM. The Agreement shall be for a two ( 2 ) year period, commencing ■ upon the date of Board approval; or I I on and terminating on two ( 2 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three ( 3 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑ Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I IiI Invitation to Bid (ITB) Other ( )# 22-8005S including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. i n Other •Exhibit/Attachmcnt: 3,4 n • 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): I I N-S -(-Fixe • Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Ilk Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. f enses4. Travel—and expenses shall be reimbursed as per Section 112.061 Fla. Stats. • Mileage $0.44.5 per mile Sreakffast $.6-9g Lineh $14-08 Dinner $ -9..00 Airfare class fare Rental-ear Actual rental co.,t limited to compact or Lodging Park Taxi or Airport Limousine Reimbursable items other than travel expenses s • long distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAQ 16F7 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: AMERICAN FACILITY SERVICES, INC. Address: 1325 Union Hill Industrial Court, Suite A Alpharetta, GA 30004 Authorized Agent: Harold Angel, Vice President Attention Name & Title: Carlos Garcia, Contract Manager Telephone: (770) 740-1613 / (407) 497-0438 E-Mail(s): anugent@amfacility.com / cgarcia@amfacility.com Melissa Dotson, Controller: mdotson©amfacility.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: John McCormick Division Name: Facilities Management Address: 3335 Tamiami Trail East Naples, FL 34112 Administrative Agent/PM: James Williams, Assistant Division Director Telephone: (239) 252-7453 E-Mail(s): James.Williams@CollierCountyFL.Gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CQ 16F7 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. F. Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. I■I Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. Page 5of17 Fixed Term Service Multi-Contractor Agreement 2022 Ver.3 Cp,O 1 6 F7 s- I liability for claims arising out of the performance of professional services under this this insurance. Such insurance shall have limits of not less than $ each &I I : I : Coverage --age shall have minimum limits of$ per claim. 14: I I 4—Coverage Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), AI Exhibit A Scope of Services, Exhibit B Fee Schedule, I RFR/ n ITB/I I Othcr #22-8005 , including Exhibits, Attachments and Addenda/Addendum, n subsequent quotes, and ICI Other Exhibit/Attachment: Public Payment and Performance Bonds 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 coA 16 7 including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest J,colliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022 Ver.3 o 1 6 F7 Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. j■ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 AO 1 6 F7 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. I I WARRAN warrants to Documents. If, within one (1) year after final completion, any Werk is found to be defective or not in s, Contractor shall correct it promptly after ,csponsiblc for and pay aged as a result of such replacement or repair. These warranties arc in addition to those implied 26. n 1 ESTS--A-N-D—IN.SR€CT4- . • Contractor shall assu inspections, tests or approvals shall be performed in a manner and by organizations 27. A. Contractor shall fully protect the Work from loss or damage and shall b.ar the cost Gentfaster, Page 10 of l7 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 manner that will endanger the structure, nor shall Contractor subject any part of the, to tl-re Project. If Contractor, or • 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CO 16F7 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. the-c ■ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ORDER Documents cannot be resolve ' --radon 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. * SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. Page 13 of 17 Fixed Term Service Multi-Contractor Agreement[2023_Ver.I] 1 6 F7 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER C NTY, FLORIDA Court and Com troller By: 17C'' By: Dated: 1"1 141 Chris Hall, Chairman (SEAL) Attest as to Chairman s signature only Contractor's Witnesses: AMERICAN FACILITY SERVICES, INC. Contractor . �1\0113,41 lk..04 —1 By: 7 :././/,�L-<c%�;:� Contractor's First Witness Signature Harold Angel, Vice President Andrea Nugent TType/print signature and titleT TType/print witness name Cont ctor's Second itness Stephanie Perez TType/print witness nameT Approved L - I . and Legality: 41 ill.� . P , • m'tnr v ney Pri r'. Na r Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ve O 16F7 Exhibit A Scope of Services II following this page (pages 1 through 12 ) n this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16 F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES DETAILED SCOPE OF WORK This Agreement is awarded on a Primary/Secondary basis for Zone 2. If the primary or secondary contractors cannot perform the work under this Agreement for any Zone 2,the County reserves the right to solicit quotes from all remaining contractors to fulfill the service requirements for that respective Zone using the results from Bid#22-8005. Primary Contractor:American Facility Services,Inc. Secondary Contractor: High Sources Inc. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract renewal date thereafter and submitted in writing to the Division Director of Facilities Management. Price adjustments are dependent upon the most recent 12-month Consumer Price Index for all Urban Consumer(CPI-U)for the Miami-Ft.Lauderdale area,budget availability,and Facilities Director or designee approval,and cannot exceed 3%annually,whichever is less. Contractor's Responsibilities It shall be understood and agreed that all services,materials,and equipment provided under this Agreement shall comply fully with all Local,State,and Federal laws and regulations. Prior to the start of work,the Contractor will be expected to supply the following: • An Organizational Chart • Quality Control program • Safety Program • Green Cleaning Program • A thirty(30)day transition plan The Contractor,as well as the Contractor's employees or other representatives,including all subcontractors at every tier(including vendors,repair persons,and/or delivery individuals,will have physical access to County facilities or locations related to security or public safety and shall be required to comply with the fingerprinting and background checks through a recommended outsourced vendor.Once approved,the County will provide a badge with access to the designated areas. Collier County Sheriff's Office requires separate fingerprinting prior to work being performed in any of their locations. Court Administration may provide additional requirements to work in their area, including but not limited to taking a computerized questionnaire. The Contractor shall provide a phone list where the Contractor's Project Manager or designated representative can be contacted immediately in the event of unsatisfactory performance or at any time in the event of an urgent need.When the County contacts the Contractor via phone call or e-mail due to an urgent need or unsatisfactory performance,the Contractor shall return the call within twenty(20)minutes of the originating call. If the call is not returned within twenty(20)minutes,the County has the right to complete the work with the County's employees or outside contractors. All Contractor(s) personnel will always wear shirts with the Contractor's business name and have a Collier County Government- issued badge/card available.Site access will only be limited to the required company vehicles and delivery vehicles.Any parking at any of the County buildings or facilities is to be coordinated in advance of starting a purchase order with the County designee. Contractor(s)parking shall not interfere with County personnel,public parking,or pedestrian traffic. Violators will be towed at the Contractor's expense. Proper behavior and language by all Contractor(s) employees will consistently be enforced while working on County property. Contractor(s)employees shall be prohibited from disturbing items in the County offices and from smoking in any County facility. All contractors shall keep two(2)weeks of supplies and provide proof to the Facilities Management Division for emergencies. Performance Bonds The Contractor shall be required to furnish the necessary Performance Bonds. Under this Agreement with Collier County the Contractor will furnish a Payment and Performance Bond in an amount equal to the contract price.The form of the bonds shall be in accordance with Section 255.05 of Florida Statutes.Contractor will furnish annually a Payment and Performance Bond in an amount Page 1 of 12 Exhibit A-Scope of Services 16F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES equal to the contract price. The form of the bonds shall be in accordance with Section 255.05 of Florida Statutes. The Contractor is responsible for providing the County an annual renewed bond 60-days prior to the bond expiring for each term the contract is in effect. Failure to do so, will result in termination of the agreement. Payment and Performance Bond shall be secured from or countersigned by an agency or surety company recognized in good standing and authorized to do business in the State of Florida. The following exceptions to Contractor providing Performance and Payment Bonds are as follows: In Iieu of the Performance and Payment Bonds,a contractor may file with the County an alternative form of security in the form of cash,a money order,a certified check,a cashier's check,an irrevocable letter of credit,or a security of a type listed in part II of chapter 625,Florida Statutes.Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bonds. The value of an alternative form of security shall be in the amount of the Contract. Oualitv Control The Contractor shall establish a quality control program to assure that the contract's requirements are provided as specified. This program shall include,but is not limited to: • An inspection system covering all services stated in the specifications should specify the areas to be inspected on a scheduled basis,including random inspections on offset times other than scheduled.A reoccurring report(weekly/bi-weekly/monthly)shall be provided to the Facilities Compliance Officer based on the results of the Contractor's quality control measures. • A method of identifying deficiencies in the quality of services performed and a prescribed method for correcting the deficiency. All deficiencies will be reported to the County's Contract Officer and/or Administrator in writing within forty-eight(48)hours. • The Contractor shall maintain a file of all inspections conducted and any corrective action is taken.This documentation shall be provided to the County's Contract Officer and/or Administrator monthly during the contract term. • Through daily visual inventory,the Contractor,the Contractor's Project Manager,or the Contractor's employees shall notify the County's Contract Officer and/or Administrator of any missing or damaged furnishings or equipment. In addition,any items requiring maintenance or repair shall be reported to the County's Contract Officer and/or Administrator.Items such as plugged toilets,leaking pipes, loose tile,in-operative lights,etc.,must be reported to the Facilities Management Division's Operations Center. • Emergency repairs,such as broken pipes,floods,or serious roof leaks,must be reported to the Facilities Management Division's Operations Center immediately. • A complete Safety Prozram shall be provided to the Facilities Compliance Officer prior to the start of work.This shall be kept updated throughout the term of the contract.All changes/updates shall be reported to the Facilities Compliance Officer weekly. • A complete Green Clean program to ensure green cleaning products, equipment, and procedures being used shall be implemented and provided to the Facilities Compliance Officer. Under this Agreement Zone 2 is defined in the attached Exhibit B Fee Schedule("Fee Schedule"). Unit prices will be based on cost per square foot per service day.Buildings and spaces that need to be added or removed will be based on the square footage of the buildings and service day cost as shown on the Fee Schedule and added or removed to the respective zone. Unit prices for parking garages are based on a cost per service day. Hourly rates for cleaning services will be provided for additional services or special events that are not part of the regular tasks. All Contractors must provide the proposed scheduled cleaning time for each site under this Agreement. This scheduled cleaning time shall be discussed and agreed upon at the kickoff meeting prior to contract commencement. Minimum Task Requirements Below are the minimum task requirements for each requested site. Work in all locations shall be scheduled such that it will not disrupt the functions and routine day-to-day procedures of the County facilities.The County reserves the right to approve and make changes to the schedule initially established with the Contractor at any time. Page 2 of 12 Exhibit A-Scope of Services r ¢...I 16F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES Each location shall be serviced according to the tasks listed below, with a few exceptions. Collection stacks in libraries require dusting at the end of the stacks with a microfiber cloth. The contractor is not required to remove books or other periodicals from dust.All cleanings must take place on the days specified below.The examination rooms must be cleaned without touching Building H-Health Building,Immokalee Health Building,and MedCenter(Building D-Risk).These buildings all have an internal bio-hazard protocol. Cleaning at fitness centers does not include any fitness equipment. The North Regional Park Rec-Plex gym is cleaned by staff. The semi-annual floor work at Golden Gate Community Center and Immokalee Sports Complex is handled by Parks. Basic service does include daily sweeping/mopping of those particular gym floors. 1.Offices,Libraries,Public Services,and Parking Garages 1.1. Offices • Every Service Day Tasks • Empty all personal wastebaskets,which shall be disposed of at the sites' central dumpsters.Damp wipe,if necessary, and replace liners.Black liners for garbage,clear liners for recycling. • Remove any gum,tar,or other foreign matter from floors within 25' of the entrance exterior. • Sweep and damp mop all hard surface floors. • Empty all kitchen area trash and recyclables,which shall be disposed of at the sites' central trash and recycling dumpsters.Damp wipe, if necessary,and replace liners.Black or white liners must be used for trash and clear plastic for recycling. • Spot-clean walls. Clean light switches,doors,door handles,display cases,elevators&panels, counters,shelves,and laminated plastic surfaces. • Clean and sanitize drinking fountains. • Spot-clean all interior glass surfaces,including side panels,display case glass,glass walls,doors,interior windows not part of the building envelope,and security/privacy glass. • Empty all cigarette receptacles. • Police stairs and landings for debris and spills. • Clean all door handles,inside and out. • Restrooms Tasks • Clean sinks with detergent/disinfectant. • Clean counters with detergent/disinfectant. • Supply and resupply paper towels,soap,toilet tissue,toilet seat covers,feminine hygiene products,etc. • Clean all stall walls,doors,exposed tile,shower walls,and walls around urinals and toilets with detergent/disinfectant. • Change out urinal screens on a bi-weekly basis. • Clean toilets under basins,around toilets,and urinals using detergent/disinfectant. • Damp wipe ledges. • Clean and polish mirrors,soap dispensers,washbasin,and all plumbing fixtures. • Sweep and then wet mop floors using detergent/disinfectant. • Clean all door handles,inside and out. • Report any maintenance issues to the Facilities Operation Center. • Entrance Tasks • Sweep and pick up inside and outside entrances within a radius of 25 feet. • Empty and install a new black or white liner bag in trashcans,if necessary. • Sweep cobwebs and dust from walls around the entrance and windows. • Clean entrance door handles,inside and outside. • Shake and sweep down exterior/interior floor mats. • Empty cigarette receptacles. Page 3 of 12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005S "Janitorial Services-Supplemental" EXHIBIT A SCOPE OF SERVICES • All doors,door handles,sliding,and glass panels shall be cleaned with a damp cloth. • Vacuum all pedigrid systems. • Clean all security Code Blue®boxes'. Code Blue boxes are the security call boxes located at most county buildings'entrances. • Weekly General Tasks(as part of the regular daily service) • Dust all horizontal(excluding desktops/monitors/phones)and vertical surfaces that are readily available and visibly require it. • Clean all doors,frames,kick,and push plates with a damp cloth. • Clean all A/C vents reachable with an extension rod. • Clean all vending machines with a damp cloth. • Damp wipe ledges. • Clean and polish mirrors,soap dispensers,washbasin,and all plumbing fixtures. • Sweep and then wet mop floors using detergent/disinfectant. • Clean and vacuum all carpeted areas. • Clean all door handles,inside and out. • Report any maintenance issues to the Facilities Operations Center. • Monthly General Tasks(as part of the regular daily service) • Dust all ceiling fans,top of bookcases,etc.,and anything reachable with an extension rod. • Wash/wipe down building lobby walls and high-traffic areas, if necessary. • Wipe down all non-upholstered furniture. • Dust blinds(vertical and horizontal). • Quarterly • Every three months General Tasks(as part of the regular daily service) • Clean all grout in tile flooring to maintain the original grout color. • Bi-Yearly • Every six months General Tasks(as part of the regular daily service) • Vacuum office partitions,if necessary • Clean exterior 1st-floor windows and interior windowpanes on all buildings. • Steam clean upholstered furniture as requested by County personnel within each facility. • Truck-mount or backpack;hot water or steam extract all carpets and pedigrid systems in all buildings or use dry cleaning method at client's request. • Strip and refinish all hard floors—including but not limited to hallways,lobbies,elevators,restrooms,open offices, etc.(Schedule with building occupants). 1.2. Libraries(per Building per service day) Each location shall be serviced according to the tasks listed above in 1.1 Offices. Collection stacks in libraries require dusting at the end of the stacks with a microfiber cloth.The contractor is not required to remove books or other periodicals from dust. All cleanings must take place on the days specified below. 1.3. Public Services(per Building per service day) Each of the following locations shall be serviced per the tasks listed in 1.1 Offices. Building H, Health Building, Immokalee Health Building,and Med Center(Building D-Risk)all have an internal bio-hazard protocol. Cleaning does not include fitness equipment,removal of medical waste,or sharp objects. The examination rooms must be cleaned without touching the equipment. All cleanings must take place on the days specified below. 1.4. Parking Garages(per Service Day) The following sections are the minimum task requirements for each requested parking garage site: • Vanderbilt Beach Parking Garage: • Empty and wipe down all trash,recycling,and cigarette receptacles. Page 4 of 12 Exhibit A-Scope of Services CAO 16F ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES • Clean restrooms as per the specs in Attachment A for restrooms. • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Wipe down all Elevator walls. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Pick up and remove all trash on all levels. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • GMD Parking Garage Tasks: • Empty and wipe down all trash,recycling,and cigarette receptacles. • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Pick up and remove the trash on all levels. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • Complex Parking Garage#1 Tasks: • Empty and wipe down all trash,recycling,and cigarette receptacles. • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Pick up and remove the trash on all levels. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • Complex Parking Garage#2 Tasks: • Empty and wipe down all trash,recycling,and cigarette receptacles. • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • Clean glass entrance doors to the garage. Detailed Specifications,Supplies,and Equipment • The Contractor shall furnish all necessary labor,tools,appliances, equipment, supplies and maintenance,and other necessary accessories,services,and facilities to perform the services specified in the resulting contract. • All work shall be performed in strict accordance with the cleaning equipment and product specifications and standards of performance specifications stated in the resultant contract. • Complete,comprehensive details of the required tasks are listed in Attachment A: Detailed Cleaning Specifications. • A complete list of required supplies and equipment specifications is listed in Attachment B: Supplies and Equipment Specifications. Additional/Hourly Janitorial Services • These services are used for special events or when additional janitorial services are deemed necessary by the County.Duties are outlined in section 1. All Facilities or as requested by the County prior to the Contractor's service day. Rates for these additional services and material markup are provided in the attached Fee Schedule. • Overtime rates at the time and one-half will apply for hourly janitorial services that occur after hours, on County-observed Page 5 of 12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES holidays,or in the event of a declared local state of emergency.Regular business hours are Monday—Friday,7:00 a.m.—5:00 p.m. • All invoices shall include: • The Facility Location/address • Purchase Order number • Month of Service,breakdown of services, and backup for additional hourly services,including invoices/receipts for materials and sub-contractors. Day Porter • A day porter will be located at the main government campus Monday—Friday,7:00 am—3:30 pm. • The Facilities Management Division Manager or designee must have the contact's name and phone number for this day porter to be contacted in an urgent request. • The Contractor's unit price for Zone 1 shall include a Day Porter, separate from the Janitorial staff and assigned to the Main Government complex or as reassigned by the Facilities Management Division Manager or designee. Duties are as follows but are not limited to: • Remove cobwebs from entrances of all buildings and walkway canopy. • Empty cigarette receptacles as needed. • Wipe down marble on the exterior of the Jail. • Clean benches,as needed. • Remove ground trash,as necessary,concentrating on the snack bar area,i.e.,cigarette butts,etc. • Check the 1st Floor stairwell of Building F off-secured parking. • Clean the tops of all exterior trash/recycle containers. • Completely clean handrails. Bid Alternates Bid alternates will be utilized to allow for additional service visits on the same service day and in the same location. Each additional service visit per day shall include the minimum daily task requirements specified for each site. Additional service visits may be requested at the following sites: ZONE 2 Type Building Address Beach Barefoot Beach Restrooms 505 Barefoot Beach Blvd Beach Bluebill Restrooms 1131 Gulfshore Blvd Beach Cocohatchee Park Restrooms Coast Guard&Playground RRs 13531 Vanderbilt Drive Beach Vanderbilt Beach Restrooms-new 100 Vanderbilt Beach Road Beach Vanderbilt Beach Restrooms-old 100 Vanderbilt Beach Road The Facilities Management Division Manager,or designee,may add additional sites to the list above.Pricing for any sites added shall be based on the additional services unit price specified in the Contractor's Fee Schedule. Additions and Deletions of Locations and Services No amendments to the resultant contract will be required to add or delete facility locations or service days. The Facilities Management Division Manager, or designee, shall provide written notice to the Contractor of any additional and/or new locations or if removing a location from coverage. Prices for any additions and deletions,including service days,shall be based upon the unit price specified in the Contractor's Fee Schedule,which is a cost per square foot per service day rate,or in the case of the parking garages,cost per day.The removed location shall not be billed for the month of removal. Page 6 of 12 Exhibit A-Scope of Services FAO 16F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES Records and Documentation The Contractor is responsible for maintaining and updating records for each serviced location.The documentation will include,and not be limited to,records of all service calls, services performed, site recommendations,and any additional services, if applicable. The Contractor will maintain a service log for each site.The Contractor will not charge for any call-back work.All reports shall be sent to the County's Contract Officer,noting the date,type,service, location,etc. A current material, supplies, and equipment list shall be provided and updated quarterly to the County's Contract Officer and/or Contract Administrator,noting the date,type,service,location,etc. A Safety Data Sheet(SDS), in compliance with the standards outlined in Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (H.C.S.),29 CFR 1910.1200,shall be provided to the County's Contract Officer and/or Contract Administrator.This includes but is not limited to: • The chemical name and the common name for the toxic substance. • The hazards or other risks in the use of the poisonous substance, including but not limited to:the potential for fire,explosion, corrosively,and reactivity;known acute and chronic health effects of the risks from exposure,including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and the primary routes of entry and symptoms of over-exposure. • The proper precautions,handling practices,necessary personal protective equipment,and other safety precautions in the use or exposure to the toxic substances,including appropriate emergency treatment in the case of overexposure. • The emergency protocol for spills,fire,disposal,blood-borne pathogens,and first aid. • A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading the information. • The year and month,if available,that the information was compiled and the name,address,and emergency telephone number of the manufacturer responsible for preparing the data. Note: All changes/updates shall be immediately reported to the Facilities Management Division Manager or designee. Page 7 of 12 Exhibit A-Scope of Services CAO 16F7 4 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES Attachment A: Detailed Cleaning Specifications The following information is a detailed explanation of the minimum expected on each task. Trash Removal(Each service day) • The Contractor shall include the cost of trash removal and the black or white plastic liners in its unit price.The County shall provide dumpsters or compactors at each site. • Main Government Complex janitorial contractor must utilize the compactor behind the Jail and dispose of trash from most buildings, except Building W(Facilities Management Division),Building G (Fitness Center), and Museum, which can utilize the containers located at Building W(Facilities Management Division). • The Contractor shall provide appropriate equipment for office trash removal to avoid the possibility of floor damage due to the dragging of trash bags or containers through buildings.Any damage to carpets and floors caused by dragging bags or containers will be repaired or replaced at the Contractor's expense.The Contractor will immediately clean any dragging stains on the carpet or concrete.No drag lines will appear while emptying inside or outside garbage. Recyclable Material Removal(Each service day) • All recycling shall be placed in an outside receptacle,loose,not in plastic bags. • County employees are to empty their containers into a centrally located container within the building, which the janitorial contractor will remove every service day. • All recyclable materials and their revenues are the property of Collier County. Removing all recyclable materials shall conform to all applicable Federal,State,or Local laws. Vacuuming Carpets(Once per week) • All carpeted areas shall be totally and completely vacuumed one(1)time per week or as deemed necessary due to an issue, leaving them free from visible dirt and debris. Special attention shall be paid to baseboards and corners. • All carpeted areas shall be vacuumed using a motorized vacuum with brush/beater bars with a HEPA-filter 0.3-micron filtration system and dual motors.The County requires that the system meets or exceeds the stated vacuum requirements. • The Contractor is responsible for providing vacuums to all buildings within their zone(s). • The Contractor is responsible for replacement with an appropriate filtration system and must provide information on the vacuum model to the Facilities Management Division Manager for approval. • All stains must be removed each night.If a stain cannot be removed,the area stained shall be reported in writing to the Facilities Management Division Manager or designee within twenty-four(24)hours. Basic Cleaning(Each service day) • All washable surfaces, including but not limited to office furniture, office partitions, counters, stainless steel, around light switches,windowsills,bulletin boards, shelves,display cases(excluding Museum's display cases), laminated plastic surfaces, elevators, and elevator panel boards, shall be cleaned using a microfiber cloth dampened in an all-purpose cleaner unless otherwise specified. Replace hand sanitizer as needed. All stair hand railings shall be cleaned weekly.Stairs shall be swept and wet mopped weekly. Interior/Exterior Glass Cleaning(Every six months/as needed) • All washable interior glass surfaces including but not limited to side panels, display case glass (excluding Museum's display cases), glass walls and doors, and security/privacy glass, shall be cleaned on service days by a cloth dampened in a window cleaner. • All first-floor exterior windows of each building shall be cleaned every six(6)months. • Facilities Management Division reserves the right to request a quote for all multi-story building windows to be cleaned yearly. Entry Cleaning(Each service day) Entrance area cleaning shall be performed on service days and shall include but is not limited to: • All doors,sliding glass panels, and side windows shall be cleaned with a cloth dampened with glass cleaner. • All debris, including but not limited to paper, gum, leaves, cigarette butts, and cobwebs, shall be removed daily, both on the inside and outside of the entrance,including all porches up to twenty-five(25)feet in front of EACH entrance. • All door and window frames,doorknobs,and push bars(inside and outside)shall be cleaned with a cloth dampened with an all- purpose cleaner. Page 8 of 12 Exhibit A-Scope of Services CAO • 16F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES • All pedigrid entry systems shall be vacuumed on service days. • All pedigrid entry systems shall be deep extraction cleaned twice per year. Floor Mats(Each service day) • All floor mats located in the facility's exterior or interior shall be swept on service days. Drinking Fountains(Each service day) • All drinking fountains must be cleaned on service days with a germicidal cleaner.The entire drinking fountain shall be free of streaks,stains,spots,smudges,scale,and other apparent removable soil. Sweeping/Wet Mopping Hard Floors(Each service day) • All hard surface floors shall be swept using a microfiber dust mop and then damp mopped on service days.This includes but is not limited to elevator floors, restroom floors,office floors, and hallways. All Community Center hard surface floors shall be swept,and damp mopped every service day. Warning barricades(with dual language)shall always be used when any surface is damp. • A micro-fiber mop shall be used for sweeping.For damp mopping,an all-purpose cleaner or germicidal cleaner shall be used. Ash Receptacles(Each service day) • Wall-mounted ashtrays and floor-type ash receptacles within the area shall be emptied and returned to their locations.The wall- mounted and floor-type receptacles with removable ashtrays in public areas shall be damp wiped with a cloth to remove evident soil.Any cigarette butts surrounding the receptacle within 10'will be picked up and disposed of. Dusting(Once per week/monthly) • All horizontal surfaces less than ten feet(10')above the floor that does not require being damp wiped shall be dusted weekly using a microfiber dust cloth.No feather dusting is allowed without exception. • All picture frames,clock face glass,and surfaces under eight feet(8')above the floor shall be dusted weekly. • All AC vents(supply/return)shall be cleaned weekly,if reachable,with an extension rod. • All ceiling fans and tops of bookcases(with no items)shall be cleaned monthly,if reachable with an extension rod. Doors(Each service day) • All doors, door handles (front and back), door frames, and kick and push plates shall be cleaned every service day, or more frequently if needed,using a dampened microfiber cloth. • All switch plates shall be cleaned,including the area around them. • All furniture, waste receptacles, etc., must be returned to their original positions after floors have been cleaned so employees can begin work the following morning. Vending Machines(Weekly) • The surfaces of all vending machines,including the top,shall be cleaned weekly;or as needed. Walls/Baseboards(Monthly) • All walls and baseboards shall be spot washed as needed unless otherwise specified in these specifications. Blinds(Monthly) • All mini-blinds,vertical blinds,and horizontal blinds shall be dusted monthly using a damp microfiber cloth or a vacuum cleaner with the proper attachment to remove all dust, smudges, and dirt. No feather dusting is permitted without exception. After cleaning,the mini blinds shall be straightened and returned to their original position. Dry Clean Carpets(Every six months) • Dry cleaning may be substituted by extraction at the Facility Manager's discretion. This is the preferred method for cleaning small spots daily. • Departments must be notified five(5)days prior to scheduled cleaning. Page 9 of 12 Exhibit A-Scope of Services CAO i6F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES Strip&Refinish Hard Floors or Spray Buff(Every six months) • The hard floors in all closed and open office areas,hallways,lobbies,elevators,and all restrooms shall be stripped and refinished every six(6)months.Hosing off the floor shall not be permitted. • All movable furniture and objects shall be moved out of the area. • Locker and shower floors shall be scrubbed every six(6)months. • Departments must be notified at least five(5)business days prior to scheduled cleaning. • All furniture,waste receptacles,etc.must be returned to original positions after floors have been cleaned so employees can begin work the following morning. • Departments must be notified five(5)days prior to scheduled cleaning. Furniture Fabric Cleaning(Every six months) • All non-upholstered furniture shall be cleaned monthly. • All upholstered furniture shall be steam-cleaned semi-annually as requested by each division. • Furniture surfaces and legs shall be cleaned as required. • The fabric found on office partitions shall be vacuumed bi-annually. Deep Extraction Carpet Cleaning(Every six months) • All carpets shall be cleaned every six(6)months.All departments must be notified five(5)days prior to scheduled cleaning. Scheduling,Employee Work Hours,and Wages • The Contractor shall be responsible for scheduling its employees to accomplish the tasks and cleaning requirements specified in the Specified Tasks and Frequency Schedule at times designated by the building-cleaning schedules found in these specifications. Employee scheduling shall be enough(7 days)to allow for compliance with the Specified Tasks and Frequency Schedule as referenced above. • The Contractor has the prerogative to increase the number of employees on the job to ensure compliance with the contract specifications at no cost to the County. • The Contractor shall always have a non-working supervisor on site for Zone 1. • The Contractor for Zones 2-4 shall have two(2)daytime non-working supervisors and one(1)nighttime non-working supervisor on-site,dependent upon the number of zones under this Agreement. • Evening start-time for the Contractor personnel shall be 5:00 pm unless otherwise arranged or designated. The Contractor's employees shall not start earlier without the express consent from the Facilities Management Division Manager or Designee and the Contractor's supervisory personnel. • In the event of evening meetings being conducted in County facilities,the Contractor shall be responsible for proper cleaning provided at the end of the meeting by 9:00 pm.When meetings end after 9:00 pm,the Contractor shall be responsible for cleaning the area the next morning,with no deduction from the Contractor's invoice. Recycling • Removal of recycling will take place on service days. All facilities not on the main government complex must have exterior recycling containers,per County ordinance,for use by the janitorial staff or decide that County staff will handle.Janitorial staff is not required to separate recycling of trash/recycling containers or breakdown boxes prior to removal. All recycling shall be placed in an outside receptacle,loose,not in plastic bags. County Holidays • The schedule for all observed holidays is listed below. The Contractor shall not be required to perform services on these days unless requested by the County with one(1)week advanced notice.The exceptions are,now,the Sheriffs Substations,Special OPS,CID,CCSO Fleet,Beach Restrooms,General Park Facilities,and the 911 Call Center located in the ESC Bldg.The following days shall be holidays recognized by Collier County: New Year's Day Independence Day Day after Thanksgiving Martin Luther King Day Labor Day Christmas Eve Day President's Day Veteran's Day Christmas Day Memorial Day Thanksgiving Day The dates of the holidays observed change yearly.The Contractor should check with the Facility Manager for an exact schedule of when the County,Clerk of Courts,Court Administration,or Health Department observes each holiday. Page 10 of 12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES Attachment B: Supplies and Equipment Specifications It shall be understood and agreed that all services,materials,and equipment shall comply fully with all Local, State,and Federal laws and regulations. General Specifications • All equipment and supplies shall be Green Seal Certified, where applicable. Any changes must be approved by the Facilities Management Division Director or his designee.Changes can be requested by the Facilities Management Division Director or his designee. • Proof,by invoice or packing slip,shall be shown to Facilities Management Division Manager that acceptable supplies are provided. • Using cleaning products and/or chemicals, the Contractor is representing to the County that it has the experience and knowledge to prevent the use of such supplies/chemicals singularly or in combination in such a manner to pose or cause a risk or threat of actual harm to the public,Contractor's employees,or the County's employees. • Reference of Green Seal Certified Products: https://certified.greenseal.or2/ Supplies Current toilet paper, paper towels, and soap dispensers are Tork. The County will fully transition to the following under this Agreement: GOJO FMX-20 Push-Style Foam Soap Dispenser Georgia Pacific#54338a Push Paddle Roll Towel Dispenser San Jamar Twin 9"JBT Dispenser#R4000TBK Additional locations may be added for which Facilities Management is unable to use the above-identified dispenser. New dispensers shall be installed during the transition at all locations except for the following: **GMD—P&R-Development Services—2800 Horseshoe Dr.N Current dispensers: GOJO#5361-02 Soap Dispenser EN-Motion#89410 Paper Towel Dispenser Angel Soft#16560 Toilet Paper Dispenser All dispensers will be installed under this Agreement. • The following supplies shall be provided by the Contractor and installed in the proper locations and shall conform to GREEN SEAL CERTIFICATION: https://Qreenseal.or&/certified-products-services: • Toilet tissue shall be two-ply—GS-1 • Paper towels shall be continuous center pull,roll,etc.—GS-1 • Hand soap • Trash liners—Black or white liners for trash and clear liners for recycling • Urinal floor screens • Toilet Seat Covers • Feminine Hygiene products—Guards#147 or equivalent;Women's sanitary product(Revenues to be kept by Contractor) • Hand Sanitizer for dispensers • Wax bags Germicidal Cleaner • Germicidal cleaner shall be Green Seal Certified, if appropriate. The product shall not cause any surface deterioration when appropriately used and shall not cause the color to bleach or bleed.All containers shall be labeled with the hazardous agent noted and necessary precautions indicated.Bleach may be used at approved locations. All-Purpose Cleaner • The cleaner shall be made from high-quality soaps,abrasives,and disinfectant agents,uniformly mixed. It shall not cause colors to bleach or bleed. • The all-purpose cleaner shall be Green Seal Certified,if appropriate. Page 11 of 12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005S "Janitorial Services- Supplemental" EXHIBIT A SCOPE OF SERVICES Stainless Steel Cleaner • Stainless Steel Cleaner shall be Green Seal Certified,if appropriate. Bowl Cleaner • Bowl cleaner shall be chemically effective for the removal of scale, film,plumbers stone, or organic material. It shall also clean and deodorize without damaging the finish or fittings. • The bowl cleaner shall be Green Seal Certified,if appropriate. Glass Cleaner • Glass cleaner shall be a blend of synthetic organic detergents, alcohols, solvents,and germicidal components; it shall not contain any perfume,ammonia,or inorganic alkalis. • The glass cleaner shall be Green Seal Certified,if appropriate. Floor Finish,Sealer,and Stripper • All floor finishes, sealers, and stripper specifications shall conform to the manufacturer's instructions. The floor finish shall be completely waterproof within twelve(12)hours after application. • Floor finish shall be non-yellowing on the floor and should be milk white in the original container rather than tan.The floor finish shall be Green Seal Certified, if appropriate. Cleaning Equipment • All rotary machines used for buffing purposes shall be high-speed machines. • When dusting is required,micro-fiber cloths and equipment shall be used. Feather dusting is not permitted. • Micro-fiber mops shall be used to eliminate the scattering of dust. Storage • When possible,the County will provide areas for storing the Contractor's supplies and equipment.The Contractor shall maintain the storage areas in a clean,orderly,and safe condition at all times. Page 12 of 12 Exhibit A-Scope of Services CAO 1 6 F 7 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CA0 16F7 Invitation to Bid (ITB) 22-8005S "JANITORIAL SERVICES -SUPPLEMENTAL" EXHIBIT B FEE SCHEDULE PRIMARY CONTRACTOR AMERICAN FACILITY SERVICES, INC. SECTION 1: REGULAR SERVICES Line# Description Unit of Measure Zone 2 1 Janitorial Services in Offices, Libraries and Public Sq. Ft. per $ 0.0032 Service Locations(not including parking garages) Service Day SECTION 2: PARKING GARAGES Line# Description Unit of Measure Zone 2 2 GMD Parking Garage-Zone 2 Cost per $ 127.00 Service Day 3 Parking Garage Vanderbilt Beach-Zone 2 Cost per $ 75.00 Service Day SECTION 3: BID ALTERNATES Line# Description Unit of Measure Zone 2 Additional site visit to perform regular services in Sq. Ft. per 4 addition to base service visit per day Additional Service $ 0.0060 (excluding parking garages) Visit SECTION 4: ADDITIONAL JANITORIAL SERVICES &MARKUP Hourly rates for Additional Janitorial Services not identified as a service day rate Normal Business Hours Off-Hours(OT)* Line# Description Price Price 5 Hourly Janitorial Services per hour $ 32.00 $ 48.00 6 Material Mark-up not to Exceed 10% 10.00% 7 Sub-Contractor Mark-up not to Exceed 15% 15.00% *Note:After Normal Business Hours,County-observed Holidays,or During a Local State of Emergency(i.e., Hurricane)(Time&1/2) Prices shall remain firm for the initial term of this contract Page 1 of 1 Exhibit B-Fee Schedule C40 16F7 Other Exhibit/Attachment Description: Public Payment and Performance Bonds ❑■ following this page (pages 1 through 6 this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 Exhibit C-9 U this exhibit is not applicable PUBLIC PAYMENT BOND Bond No. K41775786 Contract No. »- (100.55 KNOW ALL MEN BY THESE PRESENTS: That American Facility Services,Inc. as Principal, and Federal Insurance Company , as Surety, located at 202B Hall's Mill Road, Whitehouse Station,NJ 08889 (Business Address) are held and firmly bound to Collier County as Oblige in the sum of Three Hundred Twenty Eight Thousand Nine Hundred Forty Four and 00/100 Dollars($ 328,944.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the LI day of Jgrt120241 with Oblige for Janitorial Services-Supplemental in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this tfo' day of OC'E. 2023 , the name of under-signed representative, pursuant to authority of its governing body. Page 1 16F7 I Signed, sealed and delivered in the presence of PRINCIPAL.: American Facility Services,Inc. M2l POt6 ft �1 .l,try u'.cv .: By: ti JJ 1Nk¢lLndo "tie sic( 1 Witnesses as to Principal Name: �• ar0lot 4tee.11 Its: • *Ide� STATE OF Cle-fll Ls COUNTY OF rDg441-1-t- The foregoing instrument was acknowledged before me by means of physical presence or LJ online notaription, this Usti'of OttO b,11- 2023 , by Prci ro i I c vc`2 I asV foe ie ,;(,,(ert-C` of ArvLe.rico. /tei lit,Sve„Sa ePr- i et_ corporation, on behalf of the corporation. He/she is personally known to me OR has prodced as identification and did (did not) take an oath. My Commission Expires:00:7 t4' ;ll�� It LkLi ````��r� �` (Signature of Notary Public-State of•Fiui a)6 r Sick- nRn /, ) i �SSIO.. 4: Name: kvdx - ama;vte I\-1Us ePt"t- ct ‘AoTARy m•rn- (Legibly Printed) ( I ••• • PUBLIC, �: ; NotaryPublic, (�,AFFIX OFFICIAL SEA�)� • A : ublic State of eo r%l Q •��1orLO2••-.' j� _roN Cova� .`� Commission No.:GEort r:‘1.‘ ATTEST: SURETY: Federal Insurance Company (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety _ (Printed Name) Page 2 CAO � 6F7 OR tomr Elizabeth Perri As Attorney in Fact —11 AL— _ (Attach Power of Attorney) Wes Lane Ward 2211 7th Avenue South,Birmingham,AL 35233 (Business Address) Mark W.Edwards, II,Attorney-in-Fact (Printed Name) 205-581-9427 (Telephone Number) STATE OF Alabama COUNTY OF Jefferson — The foregoing instrument was acknowledged before me by means of M physical presence or ❑ online notarization, thisl3thof October 20 23 , by Mark W.Edwards,II , as Attorney-in-Fact of Federal Insurance Company a Indiana corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: May 03,2026 (S. ature of Notary blic-State of i Alabama Name: Tyler Joseph Tucker (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Alabama Commission No.: N/A Page 3 : 6F77 'i1 CHUBS Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents,that FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Anna Childress, Mark W. Edwards II, Alisa B. Ferris, Robert R. Freel, Richard H. Mitchell,William M. Smith and Jeffrey M.Wilson of Birmingham,Alabama;Robert Read Davis of Atlanta,Georgia;Richard E.Daniels of Pensacola,Florida and Robert M.Verdin of Metairie,Louisiana each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 25th day of April,2023. ,-........, Ikpr:n\l :ilk a:.r.a'`,1:41IlI i\rs:l:n'y SI,-hhcil\I Ilans-I.1'ic4 1'r,_',i.i,.nt (4) * Ft1 0) Ir'L'' 7-,-r-s., sr�'' (keiTO 10) i9 1.-CdV STATE OF NEW JERSEY County of Hunterdon SS. On this 25th day of April 2023 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney,being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal c AlbertContursi � pTAH,. NOTARY PUBLIC OF NEW JERSEY ��it No SO202369 Commission Expires Aubw.22,28,27 Notary Public JEp¢ CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Commitment"): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-in- fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested" I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this ` '' t' �I sr� b (WI 011 .ej.. �` Ikrbli N1 t:ltl(n'ir.,WAS IILSA:RA ,' IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 a-mail:surety@chubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19) t6F7 , ri this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. K41775786 Contract No. 22-8005S KNOW ALL MEN BY THESE PRESENTS: That American Facility Services,Inc. , as Principal, and Federal Insurance Company , as Surety, located at 202B Hall's Mill Road,Whitehouse Station,NJ 08889 (Business Address) are held and firmly bound to Collier County , as Oblige in the sum of Three Hundred Twenty Eight Thousand Nine Hundred Forty Four and 00/100 Dollars ($ 328,944.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the Cl day of _____Yy 2021 with Oblige for Janitorial Services-Supplemental in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 4 Cp,O 1 6 F7 This instrument shall be construed in ail respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this I �'� day of CA1)io ( , 2023 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the pielies nce of : PRINCIPAL: 1)/64r7rn -- �,gn American Facility Services,Inc. ^ lYl�rjtl �,j�Z,Dvi /� -e{ By: --7/4 a l y/-t�h (( ( Witnesses as t rin ipal 1Jlzl i hafe, z+eieC Name: I-jra(O Icy A me t _. Its: V i ce- Prey i c{e t"' _ STATE OF r 14 COUNTY OF fly. k The foregoing instrument was acknowledged before me by means of Cat physical presence or D online notarization, thislfitf LACbo b s 2023 , by 1,ar y lai AviS-e t , as V i %Pr 6 tdevt ofietrvieric r r ei(iiy vcs,a (, evr i a corporation, on behalf of the corporation. He/she is personally known to me OR has proouced as identification and did (did not) take an oath. �'t My Commission Expires: q/i off` , ,I►►►,,, l;�'r,� \A c� l r''�.11Jv�r J ( l t�n l • `,,,. ,N...,„ (Signature of Notary Public-State of Rier✓ida) orGa,a ��'SI0ticft Name: AViare 1.bria► vi,e iNitA�;28�i°e -- - -p fa NOTAR y m;O - >- m:z— (Legibly Printed) (AFFIX OFFICIAL SEAL;-: ,t.9j10/20:• • ; Notary Public, State of g D rl"i I a_ '', (�4 TON Cw� ``. �r/Ge0RG-P��� Commission No.: ` 0040233 Page 5 CAO 16F7 ATTEST: SURETY: Federal Insurance Company (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Elizabeth Perri As Attorney in Fact (Attach Power of Attorney) itne es Lane Ward 2211 7th Avenue South,Birmingham,AL 35233 (Business Address) Mark W.Edwards,II,Attorney-in-Fact (Printed Name) 205-581-9427 (Telephone Number) STATE OF Alabama COUNTY OF Jefferson The foregoing instrument was acknowledged before me by means of ® physical presence or El online notarization, this 13th of October 20 23 , by Mark W.Edwards,II as Attorney-in-Fact of Federal Insurance Company a Indiana corporation,on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: May 03,2026 Y ( staturel,of Notary P blic-State of RtXrPit Alabama Name: Tyler Joseph Tucker (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Alabama Commission No.: N/A Page 6 CAO I 6 F 7 CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents,that FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Anna Childress, Mark W. Edwards II, Alisa B. Ferris, Robert R. Freel, Richard H. Mitchell, William M. Smith and Jeffrey M.Wilson of Birmingham,Alabama;Robert Read Davis of Atlanta,Georgia;Richard E. Daniels of Pensacola,Florida and Robert M.Verdin of Metairie,Louisiana each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 25th day of April,2023. Irrr:n ‘I.I bkiI'cr-.. .lt.I:unSCYICtar) Stephen\l Il:mty.Vice l'r,_"i den t 4* •ON IT stn. W � W • STATE OF NEW JERSEY County of Hunterdon SS. On this 25th day of April 2023 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney,being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal Albert Contursi 49F, NOTARY PUBLIC Of NEW JERSEY i01,ou No S0202369 Commission Expires August 22,2027 Notary Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Commitment"): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-in- fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NI,this - lrrcn tr<x:.:1st,i,a:nn krret:uj IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@chubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19) I 6 F 7 4. FLORIDA DEPARTMENT OF STATE DIVISION OF CORPORATIONS RESOLUTION OF THE BOARD OF DIRECTORS TO WITHDRAW THE ALTERNATE NAME FOR USE IN FLORIDA. (Pursuant to section 607.1506 or 617.1506, F.S.) (Please print or type) Kevin McCann I.the undersigned _,do hereby certify (Name) American Facility Services,Inc. that this Resolution of the Board of Directors of (Name of Corporation) Georgia a corporation duly organized and existing under the laws of , (State or Country) September 20,2023 was adopted on_ withdrawing the alternate Atlanta Building Maintenance,Inc. name of (Current Alternate Name) in Florida as its real name is available in Florida. September 0,2023 Date:_ • President/Chief Executive Officer .7 Signatur- Chairman,Vice Chairman of the Board,a Title of person signing director or any officer FILING FEE$35 Make checks payable to Florida Department of State and mail to: Division of Corporations P.O.Box 6327 Tallahassee,FL 32314 CR2E124(04/13) FAO 16F7. COVER LETTER TO: Amendment Section Division of Corporations American Facility Services,Inc. SUBJECT: (Name of Corporation) DOCUMENT NUMBER:F05000005776 The enclosed Resolution of the Board of Directors to Withdraw the Alternate name for use in Florida and fee are submitted for filing. Please return all correspondence concerning this matter to the following: Alan M.Briskin (Name of Contact Person) Briskin,Cross&Sanford,LLC (Firm/Company) 33 South Main Street,Suite 300 (Address) Alpharetta,GA 30009 (City/State and Zip Code) For further information concerning this matter,please call: Andrea Nugent 770 740-1613 ext.205 (Name of Contact Person) at((Area Code&Daytime Telephone Number) Enclosed is a check made payable to the Florida Department of State for the following amount: ER$35.00 Filing Fee 0$43.75 Filing Fee& ❑ $43.75 Filing Fee& 0$52.50 Filing Fee, Certificate of Status Certified Copy Certificate of Status& (Additional copy is Certified Copy enclosed) (Additional copy is enclosed) Mailing Address: Street Address: Amendment Section Amendment Section Division of Corporations Division of Corporations P.O. Box 6327 The Centre of Tallahassee Tallahassee,FL 32314 2415 N. Monroe Street, Suite 810 Tallahassee,FL 32303 CR2E124(04/13) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management //1/Zt 2. County Attorney's Office County Attorney Office GIB ba,/PM t f ll/Zy 4. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office 4 r,n n _i i_��j1 5. Procurement Services Procurement Services �/ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Vanessa Diaz/Procurement Contact Information 239-252-8947 Contact/Department Agenda Date Item was January 9, 2024 Agenda Item Number 16.F.7 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8005S High Sources Inc. number if document is High Sources Inc. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-throughs and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VD document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney's Office at the time the item is input into SIRE. Some documents are time-sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on January 9,2024 and all changes made N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 16F7 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 22-8005S for "Janitorial Services - Supplemental" THIS AGREEMENT, made and entered into on this c1 day of 3 alnVotYy 20 21''!, by and between HIGH SOURCES INC. authorized to do business in the State of Florida, whose business address is 13194 US HWY. 301 S., #153, Riverview, FL 33578 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a two ( 2 ) year period, commencing upon the date of Board approval; or I I on and terminating on two ( 2 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three ( 3 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑ Notice-to-Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Li Request--for-Proposal--(RFP) IUI Invitation to Bid (ITB) I Other— _ ( _.__....) # 22-8005S , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. I■I The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 <�t 16F7 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3:2 I I The procedure-for-obtaining-Work-under this-Agreement is outlined-in Exhibit A-- Scope of-Services attached hereto. 373 ❑ The-procedure--fog-obtaiing-Wor --under thi-s--Ag-reeme t--is-- i-ne-d---io ❑ Other ExhibitlAttaehment:+- - - -- 3: t ❑The-Gount-y-reser vcs theright-to-specify-in-each-Request-for Quotations:,the period of-cempletior;collection of liquidated-damages-in-the-event-of late-completion-Hand-the Price Methodology-selected in.4..1... 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): I Lump Sum4Ffixed-Price):--A firm fixed-total price-offering-for a-project;the risks-are transferred-from-the-County-to-the-contractor and ras-a--bus business-practice-there-are--no hourly-or-material-invoices--invoices_presented;--rather;-tine---co aetof--must-perform-_tc----the satisfaction-ef-the-Co rnty's--project manager be-fore--payment-for-the-fixed-price-contract is-authorized:- . Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. • Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CA() 16F7 a 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4:5 ❑ (check—if alplicable)--Tr-asset-and—Reimburs e -Expenso - Travel—and Rein, bursable'Expenses-must--be--approved--fry-advance-i writing_by-the-County: .Traarel expenses shall be-reimbursedrvas-per-Seet1en.a.12-:06-1-Fl tats': Reimbursements-shall•be-at-the-following--rates-: Mileage 0�!4.5 perrralle Breakfast $6:00 hunch $1-4:00 Dinner $19,00 Airfare Actual—ticket—cost-4 i ited'-'to-tourist'--er-coach dices fare Rental--car Astua1-.'--r-entaI—ee& J it€ 1--"--to—compact- or stan d ard-size--vehicles Lodging Actual-cost of-lodging a-t. le-occupancy-'rate with-a--c-ap-of-no-more--than-Si50-.00 per--night Parking Actual-cost-of-parking Taxi-or-Airport-hi oasine Actual-cost-of-either-taxi-or-airport limousine Reimbursable-items-other than-travel-expenses-shall be Limited-'to-the-following:.—telephone long-distance-charges,--fax-charges, photoeapyi ag argee-and--postage:—Reimbursable items- --Contractor-shall-be responsible-for-all-other-command-expe-nsess--assoeia-ted-'with--activities-and-solicitations undertakenpursuant-to-this--Ag'reemen-t: 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 AO 16F7 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: HIGH SOURCES INC. Address: 13194 US HWY 301 S. STE 153 Riverview, FL 33578 Authorized Agent: Maximo Chanlatte, President Attention Name & Title: Telephone: (813) 585-0313 E-Mail(s): mchanlatte@highsourcesinc.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: John McCormick Division Name: Facilities Management Address: 3335 Tamiami Trail East Naples, FL 34112 Administrative Agent/PM: James Williams, Assistant Division Director Telephone: (239) 252-7453 E-Mail(s): James.Williams@CollierCountyFL.Gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. • Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. Page 5of17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 AO 16F7 l n Professiona! Liability: Shall be-maintained by-the--Contractor-to--ensure its legal liability-for-claims arising.-out-of-the-performance-of-professional-services 'under-this Agreement--•-Contractor valves-its r-rg of recovery-against County-as-to-any-claims-under this-insurance:- Such insurance-shall-have limits-of-not less than-$ ach cioi m-,aR4•-eggre g ate. E, 1 1 Cvber Liability: Coverage shalt..have-mir imum~lif dies-of --.--._3er claim: ,F7 n - .-Coverage s haIl-ha've-miinimum-limits--of$ ._._._ per-claim: G: 1 1 --Coverage shall have minimum limits of$ per claim. FL - Coverage. she'll-have-minimum-limits--of-$ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 1 6 F7 Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), U Exhibit A Scope of Services, Exhibit B Fee Schedule, n RFP/[•j ITB/fl Other _ . .. #22-8005 , including Exhibits, Attachments and Addenda/Addendum, n subsequent quotes, and 1E1 Other Exhibit/Attachment: Public Payment and Performance Bonds 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 1 6 F7 including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest a(�,colliercounf f . o The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022 Ver.3 CAO 16F7 Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. I■I CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2022 Ver.3 CAO 16F7 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued� / employment on Collier County projects is not in the best interest of the County. 25. ❑ WAR.1®i r�+n +h n+ +ho �fnn $'"- }ateriai ai"Td r ar rr- a fua aria. y"" equipment-6 wili-b s-specifiedr-and the-- pose-inted,g ed:.. vefed--free--tf9m--r3ny-s • . li , e-or--etai --of a }y,-thlyd-part} Any-services-previcled- er-this- ree lent e-with gei er Ny--accepted-p'standards-for-the ties..shall-survive-inspection;-acceptance, afa.v passage of title and-payment-byte-Oeunty- Go n tractor-furt ounty that-al+-r teri I son d-eq iiprhent fum3shedrander the Contfaet-®oewrrients shall be applied;installed, connected;ste ed;Gleaned- and-conditioned-in-accordance with the-instructions-of the -applicable manufacturers; fabricators, suppliers-c processors s except os othemisCi provided--for-in-the-Contract DoouffileRif. tSc ,-within--e -f4)-year.after fina! completion, any Work is fot r d-to-be-defective- eenferma �ct Documents,-Contractor-shall-correct it-promptly-afteru a.a re pt.cf the C actor ponsil for. a it of-ad jacQnt-iterials-or-Work-- ' ult a such replacement-or-repair, These-warranties are in addition-to-these-implied warranties--tom ' atter-of..law. u vr. 26. ❑ TE T�S�.-�-Ali D--4NS('PEC-IONS-1 -the_ ntract Documentsn ' -or---^any-`-codesr-law/s.; ordir1anca+sr ules r'i"a'g • ty-having-jurisdiction risdict'ion'o V'el� ject tested-Gr.-approved; C tr sibility-therefore, pay al ion—therewith aid-furnish to the County--ti e-req sri i red�ert+fi+oate�-eft-inspect ion; er-appal---All ifvspections, tests or-approvals-shall be performed in a manner-andorganizations acceptable-to-the-County,. 27. ❑PLOT€CT!ON OF WORK, 44- A:...-Cents o ear-the-cost of-any-sue • • pay ee-t-has--bees ---m . le--for---any-lees. er-cla mage he -the--City-or County's-se-p.arate , ractor..sl ail-becharged • , et-any-monies-necessary to rep e shail-b .any -ai aounts__diae--te Contractor: Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16F7 g...._Contrcet l not-lead-leer perr tt-a ay-part of any-structure to be loaded..in.any l annex t-wi#-ender-ages-the-structure;--norshull Contractor-subject-any-part of-the ork r--adjac at-grope to-dresses-or pressures-thy wi e nda nger4t7 C...Cantractor-shall--reef-disturb-Contractor-shall-not-disturb-any-benchmark-established-by-the-County-with-respect -respect to---the---Project. If-Contractor,-ors--its-subcantractorc;--alter is---or-anyone fog-whom Contractor is-legally-llablo disturbs---the--County's-be nchn asks -Contractor-m-shad immediately not~i the-Ct u+aty:--The-County--shall-re--establish--the--benchrnarlks-and Contractor-all---be--liable-for-all-costs-incurred-b-y-the-County-associated--th avlth 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver 3 CAC 16F7 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. KEY-PERSONNEL.E . alter -t--to--be--utilized.-for 34. ❑ W.�--, �-�,��..O..N�.. a t -projectsti-be-knowledgeable-iW-theirareas-ef-expe ise. Th serves he r.e €erm it vestiga-bees--as-- -be---deem . -necessa -to-er safe--that competent persons-wil! be-ati ized-in--the- formano f-t e/agree- . ar ma yp pI d-ea -son Y.a..9r�ia.rr iJ �'�-I � i �'r as c uirred-service dates-Tho Co e-Ivey--Persennel unl s the-followi ng--oo Liens-are rnet: -P-repel tee-or---bettef--q tifioatians andlor-experietaae- -tk t tbe-Gounty--is-netificd in-writ! fa-r--irr a van-co-as-possible:- Tl e-C nt-r-aatar shall-mak o erc-ial4y-reaasonabte-effects --noti.y-C !lier--County-within seven47}-days cf the-change:-The County retains-final-approval-of--proposed-rep!ac-ernent personnel: U] AGREEMENT STAFFING._The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. n ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. n ORDER-OF PRECEDENCE (Grant--Fgrade.}:-tra--the event-of••any--oonfiot-between or among-the--terms-of any of the--Contract-Docume+its-and/er•theGe nty's Board-approved xeoutive-Sum racy,'the-terms-ef-the--Agreement-s-ha4-tak _ cocdenee--v all-otter cnts, except-the-ter-ram-cf-aray-- ppleaaentatConditio s-sal!-take preeedeqace over the Agreement. Tea-tire-exte#any-oon !iet--ira tt e-- p!emental-G and iti$nsrif-any--or the Ag merit;----the--cenf4iot-shaB_be- e---►mare strict--or-oostty obligation-Under the-Contras--t-Document or-at-County's-discretion: 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16F ' 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DI MOPScolliercountyfl. ov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. ■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. Page 13 of 17 Fixed Term Service Multi-Contractor Agreement[2023_Ver.1] CAO 1 6 F 7 ' IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court an Comp oiler A*gajj By: Q By: Dated: 1 — t 1*--?11-1 Chris Hall. Chairman (SEAL) Attest as to Chairman's signature only Contractor's Witnesses: HIGH SOURCES INC. Contractor DBA ) , .i N1.01 N..i f IP , By: . --- C tractpv's Fi st Witness Signature GI 1.t1;t1\Mo ('tin''l�,A4 ff�' l.-'""T►l C(C ? I\ . `S(tfel• )(Z _ T Type/print signature and titleT T Tye/print witness name T Cohtr ctor's econd"Witness r tc* VA c)cocjne_2 I T�pe/print witness nameT Approved a":t•, egality: 1tneY e , P" n if am=i Page 14 of 17 4J1 Fixed Term Service Multi-Contractor Agreement 2022_Vcr.3 �"� 16F7 Exhibit A Scope of Services • following this page (pages 1 through 12 ) n this exhibit is not applicable Page 15of17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES This Agreement is awarded on a Primary/Secondary per zone basis. If the Primary Contractor cannot provide the requested services within the timeframe and requirements specified by the County,then the Secondary Contractor,will be contacted. Zone 1,3 and 4: Primary Contractor: High Sources Inc. Secondary Contractor: 3H&3H,Inc. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract renewal date thereafter and submitted in writing to the Division Director of Facilities Management.Price adjustments are dependent upon the most recent 12-month Consumer Price Index for all Urban Consumers(CPI-U)for the Miami-Ft.Lauderdale area,budget availability,and Facilities Director or designee approval and cannot exceed 3%annually,whichever is less. DETAILED SCOPE OF WORK Contractor's Responsibilities It shall be understood and agreed that all services,materials,and equipment provided under this Agreement shall comply fully with all Local,State,and Federal laws and regulations. Prior to the start of work,the Contractor will be expected to supply the following: • An Organizational Chart • Quality Control program • Safety Program • Green Cleaning Program • A thirty(30)day transition plan The Contractor,as well as the Contractor's employees or other representatives,including all subcontractors at every tier(including vendors,repair persons,and/or delivery individuals,will have physical access to County facilities or locations related to security or public safety and shall be required to comply with the fingerprinting and background checks through a recommended outsourced vendor.Once approved,the County will provide a badge with access to the designated areas. Collier County Sheriff's Office requires separate fingerprinting prior to work being performed in any of their locations. Court Administration may provide additional requirements to work in their area, including but not limited to taking a computerized questionnaire. The Contractor shall provide a phone list where the Contractor's Project Manager or designated representative can be contacted immediately in the event of unsatisfactory performance or at any time in the event of an urgent need.When the County contacts the Contractor via phone call or e-mail due to an urgent need or unsatisfactory performance,the Contractor shall return the call within twenty(20)minutes of the originating call. If the call is not returned within twenty(20)minutes,the County has the right to complete the work with the County's employees or outside contractors. All Contractor(s)personnel will always wear shirts with the Contractor's business name and have a Collier County Government- issued badge/card available. Site access will only be limited to the required company vehicles and delivery vehicles.Any parking at any of the County buildings or facilities is to be coordinated in advance of starting a purchase order with the County designee. Contractor(s)parking shall not interfere with County personnel,public parking,or pedestrian traffic.Violators will be towed at the Contractor's expense. Proper behavior and language by all Contractor(s) employees will consistently be enforced while working on County property. Contractor(s)employees shall be prohibited from disturbing items in the County offices and from smoking in any County facility. All contractors shall keep two(2)weeks of supplies and provide proof to the Facilities Management Division for emergencies. Performance Bonds The Contractor shall be required to furnish the necessary Performance Bonds.Under this Agreement with Collier County the Page 1 of 12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES Contractor will furnish annually a Payment and Performance Bond in an amount equal to the contract price.The form of the bonds shall be in accordance with Section 255.05 of Florida Statutes. The Contractor is responsible for providing the County an annual renewed bond 60-days prior to the bond expiring for each term the contract is in effect. Failure to do so,will result in termination of the agreement. Payment and Performance Bond shall be secured from or countersigned by an agency or surety company recognized in good standing and authorized to do business in the State of Florida. The following exceptions to Contractor providing Performance and Payment Bonds are as follows: In lieu of the Performance and Payment Bonds,a contractor may file with the County an alternative form of security in the form of cash,a money order,a certified check,a cashier's check,an irrevocable letter of credit,or a security of a type listed in part II of chapter 625,Florida Statutes. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bonds.The value of an alternative form of security shall be in the amount of the Contract. Quality Control The Contractor shall establish a quality control program to assure that the contract's requirements are provided as specified. This program shall include,but is not limited to: • An inspection system covering all services stated in the specifications should specify the areas to be inspected on a scheduled basis,including random inspections on offset times other than scheduled.A reoccurring report(weekly/bi-weekly/monthly)shall be provided to the Facilities Compliance Officer based on the results of the Contractor's quality control measures. • A method of identifying deficiencies in the quality of services performed and a prescribed method for correcting the deficiency. All deficiencies will be reported to the County's Contract Officer in writing within forty-eight(48)hours. • The Contractor shall maintain a file of all inspections conducted and any corrective action is taken.This documentation shall be provided to the County's Contract Officer monthly during the contract term. • Through daily visual inventory,the Contractor,the Contractor's Project Manager,or the Contractor's employees shall notify the County's Contract Officer of any missing or damaged furnishings or equipment.In addition,any items requiring maintenance or repair shall be reported to the County's Contract Officer.Items such as plugged toilets,leaking pipes,loose tile,in-operative lights,etc.,must be reported to the Facilities Management Division's Operations Center. • Emergency repairs,such as broken pipes,floods,or serious roof leaks,must be reported to the Facilities Management Division's Operations Center immediately. • A complete Safety Program shall be provided to the Facilities Compliance Officer prior to the start of work.This shall be kept updated throughout the term of the contract.All changes/updates shall be reported to the Facilities Compliance Officer weekly. • A complete Green Clean program to ensure green cleaning products, equipment, and procedures being used shall be implemented and provided to the Facilities Compliance Officer. Under this Agreement Buildings will be split up into four(4)"Zones" and each Contractor can be awarded multiple zones. Zones are defined in the attached Exhibit B Fee Schedule("Fee Schedule"). Unit prices will be based on cost per square foot per service day.The square footage is provided for informational purposes only. Buildings and spaces that need to be added or removed will be based on the square footage of the buildings and service day cost as shown on the Fee Schedule and added or removed to the respective zone. Unit prices for parking garages are based on a cost per service day. Hourly rates for cleaning services will be provided for additional services or special events that are not part of the regular tasks. All Contractors must provide the proposed scheduled cleaning time for each site under this Agreement. This scheduled cleaning time shall be discussed and agreed upon at the kickoff meeting prior to contract commencement. Minimum Task Requirements Below are the minimum task requirements for each requested site. Work in all locations shall be scheduled such that it will not disrupt the functions and routine day-to-day procedures of the County facilities.The County reserves the right to approve and make Page 2 of 12 Exhibit A-Scope of Services ('AU 1 6 F ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES Each location shall be serviced according to the tasks listed below, with a few exceptions. Collection stacks in libraries require dusting at the end of the stacks with a microfiber cloth. The contractor is not required to remove books or other periodicals from dust.All cleanings must take place on the days specified below.The examination rooms must be cleaned without touching Building H-Health Building,Immokalee Health Building,and MedCenter(Building D-Risk).These buildings all have an internal bio-hazard protocol. Cleaning at fitness centers does not include any fitness equipment. The North Regional Park Rec-Plex gym is cleaned by staff. The semi-annual floor work at Golden Gate Community Center and Immokalee Sports Complex is handled by Parks. Basic service does include daily sweeping/mopping of those particular gym floors. 1.Offices,Libraries,Public Services,and Parking Garages 1.1. Offices • Every Service Day Tasks • Empty all personal wastebaskets,which shall be disposed of at the sites' central dumpsters.Damp wipe,if necessary, and replace liners.Black liners for garbage,clear liners for recycling. • Remove any gum,tar,or other foreign matter from floors within 25' of the entrance exterior. • Sweep and damp mop all hard surface floors. • Empty all kitchen area trash and recyclables,which shall be disposed of at the sites' central trash and recycling dumpsters.Damp wipe,if necessary,and replace liners.Black or white liners must be used for trash and clear plastic for recycling. • Spot-clean walls.Clean light switches,doors,door handles,display cases,elevators&panels,counters,shelves,and laminated plastic surfaces. • Clean and sanitize drinking fountains. • Spot-clean all interior glass surfaces,including side panels,display case glass,glass walls,doors,interior windows not part of the building envelope,and security/privacy glass. • Empty all cigarette receptacles. • Police stairs and landings for debris and spills. • Clean all door handles,inside and out. • Restrooms Tasks • Clean sinks with detergent/disinfectant. • Clean counters with detergent/disinfectant. • Supply and resupply paper towels,soap,toilet tissue,toilet seat covers,feminine hygiene products,etc. • Clean all stall walls,doors,exposed tile,shower walls,and walls around urinals and toilets with detergent/disinfectant. • Change out urinal screens on a bi-weekly basis. • Clean toilets under basins,around toilets,and urinals using detergent/disinfectant. • Damp wipe ledges. • Clean and polish mirrors,soap dispensers,washbasin,and all plumbing fixtures. • Sweep and then wet mop floors using detergent/disinfectant. • Clean all door handles,inside and out. • Report any maintenance issues to the Facilities Operation Center. • Entrance Tasks • Sweep and pick up inside and outside entrances within a radius of 25 feet. • Empty and install a new black or white liner bag in trashcans,if necessary. • Sweep cobwebs and dust from walls around the entrance and windows. • Clean entrance door handles,inside and outside. • Shake and sweep down exterior/interior floor mats. • Empty cigarette receptacles. • All doors,door handles,sliding,and glass panels shall be cleaned with a damp cloth. Page 3 of 12 Exhibit A-Scope of Services 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES • Vacuum all pedigrid systems. • Clean all security Code Blue®boxes'. Code Blue boxes are the security call boxes located at most county buildings'entrances. • Weekly General Tasks(as part of the regular daily service) • Dust all horizontal(excluding desktops/monitors/phones)and vertical surfaces that are readily available and visibly require it. • Clean all doors,frames,kick,and push plates with a damp cloth. • Clean all A/C vents reachable with an extension rod. • Clean all vending machines with a damp cloth. • Damp wipe ledges. • Clean and polish mirrors,soap dispensers,washbasin,and all plumbing fixtures. • Sweep and then wet mop floors using detergent/disinfectant. • Clean and vacuum all carpeted areas. • Clean all door handles,inside and out. • Report any maintenance issues to the Facilities Operations Center. • Monthly General Tasks(as part of the regular daily service) • Dust all ceiling fans,top of bookcases,etc.,and anything reachable with an extension rod. • Wash/wipe down building lobby walls and high-traffic areas,if necessary. • Wipe down all non-upholstered furniture. • Dust blinds(vertical and horizontal). • Quarterly • Every three months General Tasks(as part of the regular daily service) • Clean all grout in tile flooring to maintain the original grout color. • Bi-Yearly • Every six months General Tasks(as part of the regular daily service) • Vacuum office partitions,if necessary • Clean exterior 1st-floor windows and interior windowpanes on all buildings. • Steam clean upholstered furniture as requested by County personnel within each facility. • Truck-mount or backpack;hot water or steam extract all carpets and pedigrid systems in all buildings or use dry cleaning method at client's request. • Strip and refinish all hard floors—including but not limited to hallways,lobbies,elevators,restrooms,open offices, etc.(Schedule with building occupants). 1.2. Libraries(per Building per service day) Each location shall be serviced according to the tasks listed above in 1.1 Offices.Collection stacks in libraries require dusting at the end of the stacks with a microfiber cloth.The contractor is not required to remove books or other periodicals from dust. All cleanings must take place on the days specified below. 1.3. Public Services(per Building per service day) Each of the following locations shall be serviced per the tasks listed in 1.1 Offices. Building H, Health Building,Immokalee Health Building,and Med Center(Building D-Risk)all have an internal bio-hazard protocol. Cleaning does not include fitness equipment,removal of medical waste,or sharp objects. The examination rooms must be cleaned without touching equipment. All cleanings must take place on the days specified below. 1.4. Parking Garages(per Service Day) The following sections are the minimum task requirements for each requested parking garage site: • Vanderbilt Beach Parking Garage: • Empty and wipe down all trash,recycling,and cigarette receptacles. • Clean restrooms as per the specs in Attachment A for restrooms. Page 4of12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Wipe down all Elevator walls. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Pick up and remove all trash on all levels. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • GMD Parking Garage Tasks: • Empty and wipe down all trash,recycling,and cigarette receptacles. • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Pick up and remove the trash on all levels. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • Complex Parking Garage#1 Tasks: • Empty and wipe down all trash,recycling,and cigarette receptacles. • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Pick up and remove the trash on all levels. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • Complex Parking Garage#2 Tasks: • Empty and wipe down all trash,recycling,and cigarette receptacles. • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • Clean glass entrance doors to the garage. Detailed Specifications,Supplies,and Equipment • The Contractor shall furnish all necessary labor,tools,appliances,equipment, supplies and maintenance, and other necessary accessories,services,and facilities to perform the services specified in the resulting contract. • All work shall be performed in strict accordance with the cleaning equipment and product specifications and standards of performance specifications stated in the resultant contract. • Complete,comprehensive details of the required tasks are listed in Attachment A: Detailed Cleaning Specifications. • A complete list of required supplies and equipment specifications is listed in Attachment B: Supplies and Equipment Specifications. Additional/Hourly Janitorial Services • These services are used for special events or when additional janitorial services are deemed necessary by the County.Duties are outlined in section 1. All Facilities or as requested by the County prior to the Contractor's service day. Rates for these additional services and material markup are provided in the attached Fee Schedule. • Overtime rates at the time and one-half will apply for hourly janitorial services that occur after hours, on County-observed holidays,or in the event of a declared local state of emergency.Regular business hours are Monday—Friday,7:00 a.m.—5:00 p.m. Page 5 of 12 Exhibit A-Scope of Services CAO 1 6 F 7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES • All invoices shall include: • The Facility Location/address • Purchase Order number • Month of Service,breakdown of services,and backup for additional hourly services,including invoices/receipts for materials and sub-contractors. Day Porter • A day porter will be located at the main government campus Monday—Friday,7:00 am—3:30 pm. • The Facilities Management Division Manager or designee must have the contact's name and phone number for this day porter to be contacted in an urgent request. • The Contractor's unit price for Zone 1 shall include a Day Porter, separate from the Janitorial staff and assigned to the Main Government complex or as reassigned by the Facilities Management Division Manager or designee. Duties are as follows but are not limited to: • Remove cobwebs from entrances of all buildings and walkway canopy. • Empty cigarette receptacles as needed. • Wipe down marble on the exterior of the Jail. • Clean benches,as needed. • Remove ground trash,as necessary,concentrating on the snack bar area,i.e.,cigarette butts,etc. • Check the 1st Floor stairwell of Building F off-secured parking. • Clean the tops of all exterior trash/recycle containers. • Completely clean handrails. Bid Alternates Bid alternates will be utilized to allow for additional service visits on the same service day and in the same location. Each additional service visit per day shall include the minimum daily task requirements specified for each site. Additional service visits may be requested at the following sites: ZONE 2* Type Building Address Beach Barefoot Beach Restrooms 505 Barefoot Beach Blvd Beach Bluebill Restrooms 1131 Gulfshore Blvd Beach Cocohatchee Park Restrooms Coast Guard&Playground RRs 13531 Vanderbilt Drive Beach Vanderbilt Beach Restrooms-new 100 Vanderbilt Beach Road Beach Vanderbilt Beach Restrooms-old 100 Vanderbilt Beach Road ZONE 4 Beach Bayview Park Marina 1500 Danford Park East Naples Community Center 3500 Thomasson Drive Park East Naples Community Park-Field House Restrooms 3500 Thomasson Drive Park East Naples Community Park-Restroom(by tennis/pickleball) 3500 Thomasson Drive Park East Naples Community Park-Welcome Center 3500 Thomasson Drive Beach Isle of Capri Paddle Park Restrooms 3620 Collier Blvd. Beach South Marco Beach Restrooms 930 Collier Blvd.s. Park Sugden Regional Park-Bath House 4284 Avalon Beach Tigertail Beach Restrooms(Front&Back Parking Lots) 490 Hernando Drive *Zone 2 not part of the award of this contract. Page 6 of 12 Exhibit A-Scope of Services CAO 1 6 F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES The Facilities Management Division Manager,or designee,may add additional sites to the list above.Pricing for any sites added shall be based on the additional services unit price specified in the Contractor's Fee Schedule. The omission of price for the alternate of any respective Zone being bid on may be the basis for the rejection of the submitted bid response. Additions and Deletions of Locations and Services No amendments to the resultant contract will be required to add or delete facility locations or service days. The Facilities Management Division Manager,or designee,shall provide written notice to the Contractor of any additional and/or new locations or if removing a location from coverage.Prices for any additions and deletions,including service days,shall be based upon the unit price specified in the Contractor's Fee Schedule,which is a cost per square foot per service day rate,or in the case of the parking garages,cost per day.The removed location shall not be billed for the month of removal. Records and Documentation The Contractor is responsible for maintaining and updating records for each serviced location.The documentation will include,and not be limited to,records of all service calls, services performed, site recommendations,and any additional services, if applicable. The Contractor will maintain a service log for each site.The Contractor will not charge for any call-back work.All reports shall be sent to the County's Contract Officer,noting the date,type,service,location,etc. A current material,supplies,and equipment list shall be provided and updated quarterly to the County's Contract Officer. A Safety Data Sheet(SDS),in compliance with the standards outlined in Occupational Safety and Health Administration(OSHA) Hazard Communication Standard(H.C.S.),29 CFR 1910.1200,shall be provided to the County's Contract Officer.This includes but is not limited to: • The chemical name and the common name for the toxic substance. • The hazards or other risks in the use of the poisonous substance, including but not limited to:the potential for fire,explosion, corrosively,and reactivity;known acute and chronic health effects of the risks from exposure,including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and the primary routes of entry and symptoms of over-exposure. • The proper precautions,handling practices,necessary personal protective equipment,and other safety precautions in the use or exposure to the toxic substances,including appropriate emergency treatment in the case of overexposure. • The emergency protocol for spills,fire,disposal,blood-borne pathogens,and first aid. • A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading the information. • The year and month,if available,that the information was compiled and the name,address,and emergency telephone number of the manufacturer responsible for preparing the data. Note: All changes/updates shall be immediately reported to the Facilities Management Division Manager or designee. Page 7 of 12 Exhibit A-Scope of Services CAO I6F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES Attachment A: Detailed Cleaning Specifications The following information is a detailed explanation of the minimum expected on each task. Trash Removal(Each service day) • The Contractor shall include the cost of trash removal and the black or white plastic liners in its unit price.The County shall provide dumpsters or compactors at each site. • Main Government Complex janitorial contractor must utilize the compactor behind the Jail and dispose of trash from most buildings,except Building W(Facilities Management Division),Building G (Fitness Center), and Museum,which can utilize the containers located at Building W(Facilities Management Division). • The Contractor shall provide appropriate equipment for office trash removal to avoid the possibility of floor damage due to the dragging of trash bags or containers through buildings.Any damage to carpets and floors caused by dragging bags or containers will be repaired or replaced at the Contractor's expense.The Contractor will immediately clean any dragging stains on the carpet or concrete.No drag lines will appear while emptying inside or outside garbage. Recyclable Material Removal(Each service day) • All recycling shall be placed in an outside receptacle,loose,not in plastic bags. • County employees are to empty their containers into a centrally located container within the building, which the janitorial contractor will remove every service day. • All recyclable materials and their revenues are the property of Collier County.Removing all recyclable materials shall conform to all applicable Federal,State,or Local laws. Vacuuming Carpets(Once per week) • All carpeted areas shall be totally and completely vacuumed one(1)time per week or as deemed necessary due to an issue, leaving them free from visible dirt and debris. Special attention shall be paid to baseboards and corners. • All carpeted areas shall be vacuumed using a motorized vacuum with brush/beater bars with a HEPA-filter 0.3-micron filtration system and dual motors.The County requires that the system meets or exceeds the stated vacuum requirements. • The Contractor is responsible for providing vacuums to all buildings within their zone(s). • The Contractor is responsible for replacement with an appropriate filtration system and must provide information on the vacuum model to the Facilities Management Division Manager for approval. • All stains must be removed each night.If a stain cannot be removed,the area stained shall be reported in writing to the Facilities Management Division Manager or designee within twenty-four(24)hours. Basic Cleaning(Each service day) • All washable surfaces, including but not limited to office furniture, office partitions, counters, stainless steel, around light switches,windowsills,bulletin boards, shelves,display cases(excluding Museum's display cases), laminated plastic surfaces, elevators, and elevator panel boards, shall be cleaned using a microfiber cloth dampened in an all-purpose cleaner unless otherwise specified. Replace hand sanitizer as needed. All stair hand railings shall be cleaned weekly.Stairs shall be swept and wet mopped weekly. Interior/Exterior Glass Cleaning(Every six months/as needed) • All washable interior glass surfaces including but not limited to side panels, display case glass (excluding Museum's display cases), glass walls and doors, and security/privacy glass, shall be cleaned on service days by a cloth dampened in a window cleaner. • All first-floor exterior windows of each building shall be cleaned every six(6)months. • Facilities Management Division reserves the right to request a quote for all multi-story building windows to be cleaned yearly. Entry Cleaning(Each service day) Entrance area cleaning shall be performed on service days and shall include but is not limited to: • All doors,sliding glass panels,and side windows shall be cleaned with a cloth dampened with glass cleaner. • All debris, including but not limited to paper, gum, leaves, cigarette butts, and cobwebs, shall be removed daily, both on the inside and outside of the entrance,including all porches up to twenty-five(25)feet in front of EACH entrance. • All door and window frames,doorknobs,and push bars(inside and outside)shall be cleaned with a cloth dampened with an all- purpose cleaner. Page 8 of 12 Exhibit A-Scope of Services CA-0 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES • All pedigrid entry systems shall be vacuumed on service days. • All pedigrid entry systems shall be deep extraction cleaned twice per year. Floor Mats(Each service day) • All floor mats located in the facility's exterior or interior shall be swept on service days. Drinking Fountains(Each service day) • All drinking fountains must be cleaned on service days with a germicidal cleaner.The entire drinking fountain shall be free of streaks,stains,spots,smudges,scale,and other apparent removable soil. Sweeping/Wet Mopping Hard Floors(Each service day) • All hard surface floors shall be swept using a microfiber dust mop and then damp mopped on service days.This includes but is not limited to elevator floors, restroom floors,office floors,and hallways. All Community Center hard surface floors shall be swept,and damp mopped every service day.Warning barricades(with dual language)shall always be used when any surface is damp. • A micro-fiber mop shall be used for sweeping.For damp mopping,an all-purpose cleaner or germicidal cleaner shall be used. Ash Receptacles(Each service day) • Wall-mounted ashtrays and floor-type ash receptacles within the area shall be emptied and returned to their locations.The wall- mounted and floor-type receptacles with removable ashtrays in public areas shall be damp wiped with a cloth to remove evident soil.Any cigarette butts surrounding the receptacle within 10'will be picked up and disposed of. Dusting(Once per week/monthly) • All horizontal surfaces less than ten feet(10')above the floor that does not require being damp wiped shall be dusted weekly using a microfiber dust cloth.No feather dusting is allowed without exception. • All picture frames,clock face glass,and surfaces under eight feet(8')above the floor shall be dusted weekly. • All AC vents(supply/return)shall be cleaned weekly,if reachable,with an extension rod. • All ceiling fans and tops of bookcases(with no items)shall be cleaned monthly,if reachable with an extension rod. Doors(Each service day) • All doors, door handles(front and back), door frames, and kick and push plates shall be cleaned every service day, or more frequently if needed,using a dampened microfiber cloth. • All switch plates shall be cleaned,including the area around them. • All furniture, waste receptacles, etc., must be returned to their original positions after floors have been cleaned so employees can begin work the following morning. Vending Machines(Weekly) • The surfaces of all vending machines,including the top,shall be cleaned weekly;or as needed. Walls/Baseboards(Monthly) • All walls and baseboards shall be spot washed as needed unless otherwise specified in these specifications. Blinds(Monthly) • All mini-blinds,vertical blinds,and horizontal blinds shall be dusted monthly using a damp microfiber cloth or a vacuum cleaner with the proper attachment to remove all dust, smudges, and dirt. No feather dusting is permitted without exception.After cleaning,the mini blinds shall be straightened and returned to their original position. Dry Clean Carpets(Every six months) • Dry cleaning may be substituted by extraction at the Facility Manager's discretion. This is the preferred method for cleaning small spots daily. • Departments must be notified five(5)days prior to scheduled cleaning. Page 9 of 12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES Strip& Refinish Hard Floors or Spray Buff(Every six months) • The hard floors in all closed and open office areas,hallways,lobbies,elevators,and all restrooms shall be stripped and refinished every six(6)months.Hosing off the floor shall not be permitted. • All movable furniture and objects shall be moved out of the area. • Locker and shower floors shall be scrubbed every six(6)months. • Departments must be notified at least five(5)business days prior to scheduled cleaning. • All furniture,waste receptacles,etc.must be returned to original positions after floors have been cleaned so employees can begin work the following morning. • Departments must be notified five(5)days prior to scheduled cleaning. Furniture Fabric Cleaning(Every six months) • All non-upholstered furniture shall be cleaned monthly. • All upholstered furniture shall be steam-cleaned semi-annually as requested by each division. • Furniture surfaces and legs shall be cleaned as required. • The fabric found on office partitions shall be vacuumed bi-annually. Deep Extraction Carpet Cleaning(Every six months) • All carpets shall be cleaned every six(6)months.All departments must be notified five(5)days prior to scheduled cleaning. Scheduling,Employee Work Hours,and Wages • The Contractor shall be responsible for scheduling its employees to accomplish the tasks and cleaning requirements specified in the Specified Tasks and Frequency Schedule at times designated by the building-cleaning schedules found in these specifications.Employee scheduling shall be enough(7 days)to allow for compliance with the Specified Tasks and Frequency Schedule as referenced above. • The Contractor has the prerogative to increase the number of employees on the job to ensure compliance with the contract specifications at no cost to the County. • The Contractor shall always have a non-working supervisor on site for Zone 1. • The Contractor for Zones 2-4 shall have two(2)daytime non-working supervisors and one(1)nighttime non-working supervisor on-site,dependent upon the number of zones under this Agreement. • Evening start-time for the Contractor personnel shall be 5:00 pm unless otherwise arranged or designated. The Contractor's employees shall not start earlier without the express consent from the Facilities Management Division Manager or Designee and the Contractor's supervisory personnel. • In the event of evening meetings being conducted in County facilities,the Contractor shall be responsible for proper cleaning provided at the end of the meeting by 9:00 pm.When meetings end after 9:00 pm,the Contractor shall be responsible for cleaning the area the next morning,with no deduction from the Contractor's invoice. Recycling • Removal of recycling will take place on service days. All facilities not on the main government complex must have exterior recycling containers,per County ordinance,for use by the janitorial staff or decide that County staff will handle.Janitorial staff is not required to separate recycling of trash/recycling containers or breakdown boxes prior to removal.All recycling shall be placed in an outside receptacle,loose,not in plastic bags. County Holidays • The schedule for all observed holidays is listed below.The Contractor shall not be required to perform services on these days unless requested by the County with one(1)week advanced notice.The exceptions are,now,the Sheriff's Substations,Special OPS,CID,CCSO Fleet,Beach Restrooms,General Park Facilities,and the 911 Call Center located in the ESC Bldg.The following days shall be holidays recognized by Collier County: New Year's Day Independence Day Day after Thanksgiving Martin Luther King Day Labor Day Christmas Eve Day President's Day Veteran's Day Christmas Day Memorial Day Thanksgiving Day The dates of the holidays observed change yearly.The Contractor should check with the Facility Manager for an exact schedule of when the County,Clerk of Courts,Court Administration,or Health Department observes each holiday. Page 10 of 12 Exhibit A-Scope of Services CA-0 , 6F7 i ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES Attachment B: Supplies and Equipment Specifications It shall be understood and agreed that all services, materials,and equipment shall comply fully with all Local,State,and Federal laws and regulations. General Specifications • All equipment and supplies shall be Green Seal Certified, where applicable. Any changes must be approved by the Facilities Management Division Director or his designee.Changes can be requested by the Facilities Management Division Director or his designee. • Proof,by invoice or packing slip,shall be shown to Facilities Management Division Manager that acceptable supplies are provided. • Using cleaning products and/or chemicals,the Contractor is representing to the County that it has the experience and knowledge to prevent the use of such supplies/chemicals singularly or in combination in such a manner to pose or cause a risk or threat of actual harm to the public,Contractor's employees,or the County's employees. • Reference of Green Seal Certified Products: https://certified.2reenseal.or2/ Supplies Current toilet paper, paper towels, and soap dispensers are Tork. The County will fully transition to the following under this Agreement: GOJO FMX-20 Push-Style Foam Soap dispenser Georgia Pacific#54338a Push Paddle Roll Towel Dispenser San Jamar Twin 9" JBT Dispenser#R4000TBK Additional locations may be added for which Facilities Management is unable to use the above-identified dispenser. New dispensers shall be installed during the transition at all locations except for the following: **GMD—P&R-Development Services—2800 Horseshoe Dr. N Current dispensers: GOJO#5361-02 Soap Dispenser EN-Motion#89410 Paper Towel Dispenser Angel Soft#16560 Toilet Paper Dispenser All dispensers will be installed under this Agreement. • The following supplies shall be provided by the Contractor and installed in the proper locations and shall conform to GREEN SEAL CERTIFICATION: https://greenseal.org/certified-products-services: • Toilet tissue shall be two-ply—GS-1 • Paper towels shall be continuous center pull,roll,etc.—GS-1 • Hand soap • Trash liners—Black or white liners for trash and clear liners for recycling • Urinal floor screens • Toilet Seat Covers • Feminine Hygiene products—Guards#147 or equivalent; Women's sanitary product(Revenues to be kept by Contractor) • Hand Sanitizer for dispensers • Wax bags Germicidal Cleaner • Germicidal cleaner shall be Green Seal Certified, if appropriate. The product shall not cause any surface deterioration when appropriately used and shall not cause the color to bleach or bleed.All containers shall be labeled with the hazardous agent noted and necessary precautions indicated.Bleach may be used at approved locations. All-Purpose Cleaner • The cleaner shall be made from high-quality soaps,abrasives,and disinfectant agents,uniformly mixed.It shall not cause colors to bleach or bleed. • The all-purpose cleaner shall be Green Seal Certified,if appropriate. Page 11 of 12 Exhibit A-Scope of Services CAO 1 6 F 7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES Stainless Steel Cleaner • Stainless Steel Cleaner shall be Green Seal Certified,if appropriate. Bowl Cleaner • Bowl cleaner shall be chemically effective for the removal of scale, film, plumbers stone,or organic material. It shall also clean and deodorize without damaging the finish or fittings. • The bowl cleaner shall be Green Seal Certified,if appropriate. Glass Cleaner • Glass cleaner shall be a blend of synthetic organic detergents,alcohols,solvents,and germicidal components; it shall not contain any perfume,ammonia,or inorganic alkalis. • The glass cleaner shall be Green Seal Certified,if appropriate. Floor Finish,Sealer,and Stripper • All floor finishes, sealers, and stripper specifications shall conform to the manufacturer's instructions. The floor finish shall be completely waterproof within twelve(12)hours after application. • Floor finish shall be non-yellowing on the floor and should be milk white in the original container rather than tan.The floor finish shall be Green Seal Certified,if appropriate. Cleaning Equipment • All rotary machines used for buffing purposes shall be high-speed machines. • When dusting is required,micro-fiber cloths and equipment shall be used.Feather dusting is not permitted. • Micro-fiber mops shall be used to eliminate the scattering of dust. Storage • When possible,the County will provide areas for storing the Contractor's supplies and equipment.The Contractor shall maintain the storage areas in a clean,orderly,and safe condition at all times. Page 12 of 12 Exhibit A-Scope of Services CAO 1 6 F � Exhibit B Fee Schedule following this page (pages 1 through ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16F7 Invitation to Bid (ITB)22-8005 "JANITORIAL SERVICES" EXHIBIT B FEE SCHEDULE PRIMARY CONTRACTOR HIGH SOURCES INC. SECTION 1: REGULAR SERVICES Unit of Zone 1 Zone 3 Zone 4 Line# Description Measure 1 Janitorial S ervices in Offices,Libraries and Publi c Sq.Ft.per $ 0.0035 $ 0.0039 $ 0.0039 Service Locations(not including park ing garages) Service Day SECTION 2: PARKING GARAGES Unit of Zone 1 Line# Description Measure Cost per 2 Parking Garage#1 -Zone 1 50.00 Service Day $ Cost per 50.00 3 Parking Garage#2-Zone 1 Service Day $ SECTION 3-BID ALTERNATES Unit of Zone 1 Zone 3 Zone 4 Line# Description Measure Additional site visit to perform regular services in Sq.Ft.per 4 addition to base service v isit per day Additional $ 0.0065 $ 0.0065 $ 0.0065 (excluding parking garages) Service Visit SECTION 4-ADDITIONAL JANITORIAL SERVICES&MARKUP * Hourly rates for Additional Janitorial Services not identified as a service day rate Hours Normal Business Off-Hours(OT) Line# Description Unit of Measure Price Price 5 Hourly Janitorial Services per hour $ 18.00 $ 27.00 6 Material Mark-up not to Exceed 10% 8.00% 7 Sub-Contractor Mark-up not to Exceed 15% 12.00% *Note:After Normal Business Hours,C ounty-observed Holidays,or During a Local State of Emergency(i.e.,Hurricane)(Time&1/2) Prices shall remain firm for the intitial term of this contract Page 1 of 1 Exhibit B-Fee Schedule 1 6 F7 Other Exhibit/Attachment Description: Public Payment and Performance Bond ❑� following this page (pages 1 through 6 this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 6F7 Exhibit C-1 ❑ this exhibit is not applicable PUBLIC PAYMENT BOND Bond No. 5411342 Contract No. _22-R005 KNOW ALL MEN BY THESE PRESENTS: That High Sources, Inc as Principal, and Great American Insurance Company , as Surety, located at 301 E. Fourth Street Cincinnati,OH 45202 (Business Address) are held and firmly bound to Collier County as Oblige in the sum of*Nine Hundred Twenty Eight Thousand Eight Hundred Sixty Six and 60/100 ($928,866.60 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the °I day of„112012a4 2024 with Oblige for 22-8005 "Janitorial Services Zone 1,3,4" in accordance with drawings and specifications,which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 21st day of December, 2023 , the name of under-signed representative, pursuant to authority of its governing body. Page 1 16F7 Signed, sealed and delivered in the presence of: PRINCIPAL: High Sources, Inc Witnesses as to Principal Name: Maximo Chanlatte Its: President STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or El online notarization, this of 2023 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: Great American Insurance Company (Printed Name) 301 E Fourth Street Cincinnati, OH 45202 (Susi ess Address) Autho ze Signature) Witness as to Surety Jtss L (Printed Name) Page 2 6F7 OF Justin L Kelley As Attorney in Fact (Attach Power of Attorney) 'Witnesses White Lion Bonding & Insurance Services 3419 Via Lido Ste 424 Newport Beach CA 92663 (Business Address) Justin L Kelley President (Printed Name) 949-258-9800 (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged befofelne by means of❑ physical presence or ❑ online notarization, this_of 2 _, by , as of , a corporation, on behalf of the corporation. He/she is pers ally known to me OR has produced_ as identification and did (did not) take an oath. My Commission Expires: L (Signature of Notary Public-State of Florida) ti4* Name: (Legibly Printed) (AFFIX OFFI IAL SEAL) Notary Public, State of Commission No.: Page 3 6F7 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than ONE No.0 22186 POWER OF ATTORNEY KNOW ALL MEN BYTHESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JUSTIN L KELLEY NEWPORT BEACH,CALIFORNIA $10,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 12TH day of MAY 2023 Attest GREAT AMERICAN INSU ANCE COMPANY Pik/a:a:9 Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: MARK VICARIO(877-377-2405) On this 12TH day of MAY 2023 before me personally appeared MARK VICARIO,to me known, being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. SUSAN A KOHORST 41X:- Notary Public 6 7 rr- a State of Ohio %" I a', My Comm.Expires ,.� C . 2A, May 18,2025 " `-P, This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this 21st day of December , 2023 e. Assistant Secretary S1029AH(03/20) 16F7 ❑ this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. 5411342 Contract No. 22-8005 KNOW ALL MEN BY THESE PRESENTS: That High Sowes, Inc , as Principal, and Great American Insurance Comgany. , as Surety, located at 301 E Fourth Street Cincinnati,OH 452.02 (Business Address) are held and firmly bound to Collier County _.._, , as Oblige in the sum of:Nine Hundred Twenty Eight Thousand Eight Hundred Sixty Six and 60/100***** ($ 928,866.60 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the Ci day of JA lucor( 2024, with Oblige for Soliciation: 22-8005"Janitorial Services" Zone 1.3,4 in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys'fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 4 I. 6F7 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this 21st day of December , 2023 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL: High Sources, Inc By: • - Witnesses as to Principal Name: Maximo Chanlatte Its: President STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this _of 2023 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 5 6F7 ATTEST: SURETY: Great American Insurance Company (Printed Name) 301 E Fourth Street Cincinnati, OH 45202 (Busin ss Address) (A thori d nature) Witness as to Surety Jus e y (Printed Name) OR Justin L Kelley As Attorney in Fact (Attach Power of Attorney) Witnesses White Lion Bonding& Insurance Services 3419 Via Lido Ste 424 Newport Beach CA 92663 (Business Address) Justin L Kelley President (Printed Name) 949-258-9800 (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of 0 physical presence or 0 online notarization, this of 20 23 , by as of a corporation,on behalf of the corporation. He/she is personally known to me OR has produced asAdentification and did (did not)take an oath. My Commission Expires: ry (Signature of Notary Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 6 bF7 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than ONE No.0 22186 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JUSTIN L KELLEY NEWPORT BEACH,CALIFORNIA $10,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomcy(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affiked this 12TH day of MAY 2023 . Attest GREAT AMERICAN INSU ANCE COMPANY C• 3 . Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: MARK VICARIO(877-377-2405) On this 12TH day of MAY , 2023 ,before me personally appeared MARK VICARIO,to me known, being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. SUSAN A KOHORST W'; Notary Public State of Ohio +� t I k � My Comm.Expires May 1$,2025 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one of them, be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certcate of either given for the execution of any bond, undertaking,contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this 21st day of December , 2023 , e. Assistant Secretary S1029AH(03/20) 16F7 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ORANGE County of On De t.e"► b4s,r 2( i 2023 before me, LINDSEY WOLLER, NOTARY PUBLIC (insert name and title of the officer) personally appeared JUSTIN L KELLEY who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal r �,+ '.' LINDSEY WOLLER 4k COMM.#2423118 U ▪7 t- ty_I NOTARY PUBLIC•CALIFORNIA(1 ORANGE COUNTY (1 < , i �' i+ / NtY Comrnsswn E Cil no;,ember 20.2026 Signature ✓ (Seal) eN_ __n .. _. . _ _... ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date h�1 1. Risk Risk Management /�/"7 2. County Attorney's Office County Attorney Office CU fialsi ifi,/ZY 4. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office N1F5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Vanessa Diaz/Procurement Contact Information 239-252-8947 Contact/Department Agenda Date Item was January 9,2024 Agenda Item Number 16.F.7 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 23-8005 3H & 3H, Inc. number if document is 3H & 3H, Inc. to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-throughs and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VD document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney's Office at the time the item is input into SIRE. Some documents are time-sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on January 9,2024 and all changes made N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 16F7 FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 22-8005 for "Janitorial Services" THIS AGREEMENT, made and entered into on this vl day of ,Joir ayy 202t-i, by and between 3H & 3H, INC. authorized to do business in the State of Florida, whose business address is 2870 Towne Village Dr., Duluth, GA 30097 _, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a two ( 2 ) year period, commencing I■I upon the date of Board approval; OF en and terminating on two ( 2 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three ( 3 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ■J Invitation to Bid (ITB) Other - ( }# 22-8005 including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CA° 16F7 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3,21 I • 8,3 ❑ • IlOthcr Exhibit/Attachment: II • lr. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): I I Lump--Sum (Feed-Price): A,firm fixed4 is authorized. III Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. • Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4,6 n : Travel and • Mileage $0.44.5 per mile Br feakfast $6 00 L-binet4 $11.00 Airfare clas, fare Rental-mar • Par-141g Taxi or Airport Limousine sh responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 ..t"k 16F7 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: 3H & 3H, INC. Address: 1610 Plunketts Road Buford, GA 30519 Authorized Agent: John Heo (OJ), CEO Attention Name & Title: Kristina Woo Telephone: (678) 926-3169 / (470) 557-2636 E-Mail(s): John.heo@3h3h.net/ Kristina.woo@3h3h.net PO Box 2092 Buford, GA 30515 All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: John McCormick Division Name: Facilities Management Address: 3335 Tamiami Trail East Naples, FL 34112 Administrative Agent/PM: James Williams, Assistant Division Director Telephone: (239) 252-7453 E-Mail(s): James.Williams@CollierCountyFL.Gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ■ Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. ❑■ Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 _for each accident. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 I liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not Icss than $ each claim and aggregate. -E . ❑ --Ceverege shall have minimum limits of$ per claim. G ❑ : Coverage im is-ef$ per claim. l-: I I .:--Coverage Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Page 6ol'17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 '�.r 16F7 Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), ■ Exhibit A Scope of Services, Exhibit B Fee Schedule, RFP/ I■] ITB/ Othcr #22-8005 , including Exhibits, Attachments and Addenda/Addendum, subsequen4 quotes, and Other Exhibit/Attachment: Public Payment and Performance Bonds 17. APPLICABILITY. Sections corresponding to any checked box ( ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statutes, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequestcolliercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16F7 Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. n CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. I WARDAAITV • •articular service. These warranties shall survive inspection, acceptance, pasagc of title and payment by the County. fabricators, suppliers or processors except as otherwise provided for in the Contract Documents:- one (1) y ar a receipt of written notice from the County. Contractor shall also be responsible for and pay of such replacement or repair. These warranties are i ad on to those implied 26. TESTS—A, Np-414S E aN ..--4-44e .-Contract Documents • acceptable to the County. 27. • Contractor. Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2022 Ver.3 ,6 F 7 B. Contractor shah net load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. ill • 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal Page 11 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 16F7 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. I I KEY PERSO • de. • AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. • ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. I I ORDER-OF-PRECEDENCE ±_G.ron4 F- nr1nr11 In the even+ of ny conflict between nr 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 CAO 1 6 F7 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. 1•f SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. Page 13 of 17 Fixed Term Service Multi-Contractor Agreement [2023_Ver.1] 16F7 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER NTY, FLORIDA Court an Comptr Iler By PL By: Dated: I — f 't�� Chris Hall, Chairman (SEAL) Attest as to Chairman's signature only Contractor's Witnesses: 3H & 3H, INC. Contractor DBA By. Contract s First Wi ness Signature OJ Heo, Contract Administrator John Heo TType/print signature and titleT TType/print witne s ameT 0(J Contr tor's Second Witness Kristina woo TType/print witness name Approved as • .` egality: 41 ill 1 �C•I aorney ^c i_ we Prig :me Page 14 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 AO 16F7 Exhibit A Scope of Services following this page (pages 1 through 12 ) n this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES This Agreement is awarded on a Primary/Secondary per zone basis. If the Primary Contractor cannot provide the requested services within the timeframe and requirements specified by the County,then the Secondary Contractor,will be contacted. Zone 1,3 and 4: Primary Contractor: High Sources Inc. Secondary Contractor: 3H&3H,Inc. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made prior to the contract renewal date thereafter and submitted in writing to the Division Director of Facilities Management. Price adjustments are dependent upon the most recent 12-month Consumer Price Index for all Urban Consumers(CPI-U)for the Miami-Ft.Lauderdale area,budget availability,and Facilities Director or designee approval and cannot exceed 3%annually,whichever is less. DETAILED SCOPE OF WORK Contractor's Responsibilities It shall be understood and agreed that all services,materials,and equipment provided under this Agreement shall comply fully with all Local,State,and Federal laws and regulations. Prior to the start of work,the Contractor will be expected to supply the following: • An Organizational Chart • Quality Control program • Safety Program • Green Cleaning Program • A thirty(30)day transition plan The Contractor,as well as the Contractor's employees or other representatives,including all subcontractors at every tier(including vendors,repair persons,and/or delivery individuals,will have physical access to County facilities or locations related to security or public safety and shall be required to comply with the fingerprinting and background checks through a recommended outsourced vendor.Once approved,the County will provide a badge with access to the designated areas. Collier County Sheriff's Office requires separate fingerprinting prior to work being performed in any of their locations. Court Administration may provide additional requirements to work in their area, including but not limited to taking a computerized questionnaire. The Contractor shall provide a phone list where the Contractor's Project Manager or designated representative can be contacted immediately in the event of unsatisfactory performance or at any time in the event of an urgent need.When the County contacts the Contractor via phone call or e-mail due to an urgent need or unsatisfactory performance,the Contractor shall return the call within twenty(20)minutes of the originating call. If the call is not returned within twenty(20)minutes,the County has the right to complete the work with the County's employees or outside contractors. All Contractor(s)personnel will always wear shirts with the Contractor's business name and have a Collier County Government- issued badge/card available. Site access will only be limited to the required company vehicles and delivery vehicles.Any parking at any of the County buildings or facilities is to be coordinated in advance of starting a purchase order with the County designee. Contractor(s)parking shall not interfere with County personnel,public parking,or pedestrian traffic. Violators will be towed at the Contractor's expense. Proper behavior and language by all Contractor(s) employees will consistently be enforced while working on County property. Contractor(s)employees shall be prohibited from disturbing items in the County offices and from smoking in any County facility. All contractors shall keep two(2)weeks of supplies and provide proof to the Facilities Management Division for emergencies. Performance Bonds The Contractor shall be required to furnish the necessary Performance Bonds.Under this Agreement with Collier County the Page 1 of 12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES Contractor will furnish annually a Payment and Performance Bond in an amount equal to the contract price.The form of the bonds shall be in accordance with Section 255.05 of Florida Statutes. The Contractor is responsible for providing the County an annual renewed bond 60-days prior to the bond expiring for each term the contract is in effect. Failure to do so,will result in termination of the agreement. Payment and Performance Bond shall be secured from or countersigned by an agency or surety company recognized in good standing and authorized to do business in the State of Florida. The following exceptions to Contractor providing Performance and Payment Bonds are as follows: In lieu of the Performance and Payment Bonds,a contractor may file with the County an alternative form of security in the form of cash,a money order,a certified check,a cashier's check,an irrevocable letter of credit,or a security of a type listed in part II of chapter 625,Florida Statutes. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bonds.The value of an alternative form of security shall be in the amount of the Contract. Quality Control The Contractor shall establish a quality control program to assure that the contract's requirements are provided as specified. This program shall include,but is not limited to: • An inspection system covering all services stated in the specifications should specify the areas to be inspected on a scheduled basis,including random inspections on offset times other than scheduled.A reoccurring report(weekly/bi-weekly/monthly)shall be provided to the Facilities Compliance Officer based on the results of the Contractor's quality control measures. • A method of identifying deficiencies in the quality of services performed and a prescribed method for correcting the deficiency. All deficiencies will be reported to the County's Contract Officer in writing within forty-eight(48)hours. • The Contractor shall maintain a file of all inspections conducted and any corrective action is taken.This documentation shall be provided to the County's Contract Officer monthly during the contract term. • Through daily visual inventory,the Contractor,the Contractor's Project Manager,or the Contractor's employees shall notify the County's Contract Officer of any missing or damaged furnishings or equipment. In addition, any items requiring maintenance or repair shall be reported to the County's Contract Officer.Items such as plugged toilets,leaking pipes,loose tile,in-operative lights,etc.,must be reported to the Facilities Management Division's Operations Center. • Emergency repairs,such as broken pipes,floods,or serious roof leaks,must be reported to the Facilities Management Division's Operations Center immediately. • A complete Safety Program shall be provided to the Facilities Compliance Officer prior to the start of work.This shall be kept updated throughout the term of the contract.All changes/updates shall be reported to the Facilities Compliance Officer weekly. • A complete Green Clean program to ensure green cleaning products, equipment, and procedures being used shall be implemented and provided to the Facilities Compliance Officer. Under this Agreement Buildings will be split up into four(4)"Zones"and each Contractor can be awarded multiple zones. Zones are defined in the attached Exhibit B Fee Schedule("Fee Schedule"). Unit prices will be based on cost per square foot per service day.The square footage is provided for informational purposes only. Buildings and spaces that need to be added or removed will be based on the square footage of the buildings and service day cost as shown on the Fee Schedule and added or removed to the respective zone. Unit prices for parking garages are based on a cost per service day. Hourly rates for cleaning services will be provided for additional services or special events that are not part of the regular tasks. All Contractors must provide the proposed scheduled cleaning time for each site under this Agreement. This scheduled cleaning time shall be discussed and agreed upon at the kickoff meeting prior to contract commencement. Minimum Task Requirements Below are the minimum task requirements for each requested site. Work in all locations shall be scheduled such that it will not disrupt the functions and routine day-to-day procedures of the County facilities.The County reserves the right to approve and make Page 2 of 12 Exhibit A-Scope of Services ('AO 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES Each location shall be serviced according to the tasks listed below, with a few exceptions. Collection stacks in libraries require dusting at the end of the stacks with a microfiber cloth. The contractor is not required to remove books or other periodicals from dust.All cleanings must take place on the days specified below.The examination rooms must be cleaned without touching Building H-Health Building,Immokalee Health Building,and MedCenter(Building D-Risk).These buildings all have an internal bio-hazard protocol. Cleaning at fitness centers does not include any fitness equipment. The North Regional Park Rec-Plex gym is cleaned by staff The semi-annual floor work at Golden Gate Community Center and Immokalee Sports Complex is handled by Parks. Basic service does include daily sweeping/mopping of those particular gym floors. 1.Offices,Libraries,Public Services,and Parking Garages 1.1. Offices • Every Service Day Tasks • Empty all personal wastebaskets,which shall be disposed of at the sites' central dumpsters.Damp wipe,if necessary, and replace liners.Black liners for garbage,clear liners for recycling. • Remove any gum,tar,or other foreign matter from floors within 25' of the entrance exterior. • Sweep and damp mop all hard surface floors. • Empty all kitchen area trash and recyclables,which shall be disposed of at the sites' central trash and recycling dumpsters.Damp wipe,if necessary,and replace liners.Black or white liners must be used for trash and clear plastic for recycling. • Spot-clean walls.Clean light switches,doors,door handles,display cases,elevators&panels,counters,shelves,and laminated plastic surfaces. • Clean and sanitize drinking fountains. • Spot-clean all interior glass surfaces,including side panels,display case glass,glass walls,doors,interior windows not part of the building envelope,and security/privacy glass. • Empty all cigarette receptacles. • Police stairs and landings for debris and spills. • Clean all door handles,inside and out. • Restrooms Tasks • Clean sinks with detergent/disinfectant. • Clean counters with detergent/disinfectant. • Supply and resupply paper towels,soap,toilet tissue,toilet seat covers,feminine hygiene products,etc. • Clean all stall walls,doors,exposed tile,shower walls,and walls around urinals and toilets with detergent/disinfectant. • Change out urinal screens on a bi-weekly basis. • Clean toilets under basins,around toilets,and urinals using detergent/disinfectant. • Damp wipe ledges. • Clean and polish mirrors,soap dispensers,washbasin,and all plumbing fixtures. • Sweep and then wet mop floors using detergent/disinfectant. • Clean all door handles,inside and out. • Report any maintenance issues to the Facilities Operation Center. • Entrance Tasks • Sweep and pick up inside and outside entrances within a radius of 25 feet. • Empty and install a new black or white liner bag in trashcans,if necessary. • Sweep cobwebs and dust from walls around the entrance and windows. • Clean entrance door handles,inside and outside. • Shake and sweep down exterior/interior floor mats. • Empty cigarette receptacles. • All doors,door handles,sliding,and glass panels shall be cleaned with a damp cloth. Page 3of12 Exhibit A-Scope of Services 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES • Vacuum all pedigrid systems. • Clean all security Code Blue®boxes'. 'Code Blue boxes are the security call boxes located at most county buildings'entrances. • Weekly General Tasks(as part of the regular daily service) • Dust all horizontal(excluding desktops/monitors/phones)and vertical surfaces that are readily available and visibly require it. • Clean all doors,frames,kick,and push plates with a damp cloth. • Clean all A/C vents reachable with an extension rod. • Clean all vending machines with a damp cloth. • Damp wipe ledges. • Clean and polish mirrors,soap dispensers,washbasin,and all plumbing fixtures. • Sweep and then wet mop floors using detergent/disinfectant. • Clean and vacuum all carpeted areas. • Clean all door handles,inside and out. • Report any maintenance issues to the Facilities Operations Center. • Monthly General Tasks(as part of the regular daily service) • Dust all ceiling fans,top of bookcases,etc.,and anything reachable with an extension rod. • Wash/wipe down building lobby walls and high-traffic areas,if necessary. • Wipe down all non-upholstered furniture. • Dust blinds(vertical and horizontal). • Quarterly • Every three months General Tasks(as part of the regular daily service) • Clean all grout in tile flooring to maintain the original grout color. • Bi-Yearly • Every six months General Tasks(as part of the regular daily service) • Vacuum office partitions,if necessary • Clean exterior 1st-floor windows and interior windowpanes on all buildings. • Steam clean upholstered furniture as requested by County personnel within each facility. • Truck-mount or backpack;hot water or steam extract all carpets and pedigrid systems in all buildings or use dry cleaning method at client's request. • Strip and refinish all hard floors—including but not limited to hallways,lobbies,elevators,restrooms,open offices, etc.(Schedule with building occupants). 1.2. Libraries(per Building per service day) Each location shall be serviced according to the tasks listed above in 1.1 Offices.Collection stacks in libraries require dusting at the end of the stacks with a microfiber cloth.The contractor is not required to remove books or other periodicals from dust. All cleanings must take place on the days specified below. 1.3. Public Services(per Building per service day) Each of the following locations shall be serviced per the tasks listed in 1.1 Offices. Building H, Health Building, Immokalee Health Building,and Med Center(Building D-Risk)all have an internal bio-hazard protocol. Cleaning does not include fitness equipment,removal of medical waste,or sharp objects. The examination rooms must be cleaned without touching equipment. All cleanings must take place on the days specified below. 1.4. Parking Garages(per Service Day) The following sections are the minimum task requirements for each requested parking garage site: • Vanderbilt Beach Parking Garage: • Empty and wipe down all trash,recycling,and cigarette receptacles. • Clean restrooms as per the specs in Attachment A for restrooms. Page 4 of 12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Wipe down all Elevator walls. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Pick up and remove all trash on all levels. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • GMD Parking Garage Tasks: • Empty and wipe down all trash,recycling,and cigarette receptacles. • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Pick up and remove the trash on all levels. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • Complex Parking Garage#1 Tasks: • Empty and wipe down all trash,recycling,and cigarette receptacles. • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Pick up and remove the trash on all levels. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • Complex Parking Garage#2 Tasks: • Empty and wipe down all trash,recycling,and cigarette receptacles. • Sweep the elevator cabs with a microfiber mop. Cab floors must then be mopped. • Wipe down all interior stainless steel,including doors,with approved stainless cleaner. • Sweep all stairwells. • Wipe down,clean,and remove all encrusted dirt from all handrails using a microfiber cloth. • Clean all interior elevator cab windows,all interior windows,tracks,and interior/exterior doors. • Clean glass entrance doors to the garage. Detailed Specifications,Supplies,and Equipment • The Contractor shall furnish all necessary labor,tools,appliances,equipment,supplies and maintenance,and other necessary accessories,services,and facilities to perform the services specified in the resulting contract. • All work shall be performed in strict accordance with the cleaning equipment and product specifications and standards of performance specifications stated in the resultant contract. • Complete,comprehensive details of the required tasks are listed in Attachment A: Detailed Cleaning Specifications. • A complete list of required supplies and equipment specifications is listed in Attachment B: Supplies and Equipment Specifications. Additional/Hourly Janitorial Services • These services are used for special events or when additional janitorial services are deemed necessary by the County.Duties are outlined in section 1. All Facilities or as requested by the County prior to the Contractor's service day. Rates for these additional services and material markup are provided in the attached Fee Schedule. • Overtime rates at the time and one-half will apply for hourly janitorial services that occur after hours, on County-observed holidays,or in the event of a declared local state of emergency.Regular business hours are Monday—Friday,7:00 a.m.—5:00 p.m. Page 5of12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES • All invoices shall include: • The Facility Location/address • Purchase Order number • Month of Service,breakdown of services,and backup for additional hourly services,including invoices/receipts for materials and sub-contractors. Day Porter • A day porter will be located at the main government campus Monday—Friday,7:00 am—3:30 pm. • The Facilities Management Division Manager or designee must have the contact's name and phone number for this day porter to be contacted in an urgent request. • The Contractor's unit price for Zone 1 shall include a Day Porter, separate from the Janitorial staff and assigned to the Main Government complex or as reassigned by the Facilities Management Division Manager or designee. Duties are as follows but are not limited to: • Remove cobwebs from entrances of all buildings and walkway canopy. • Empty cigarette receptacles as needed. • Wipe down marble on the exterior of the Jail. • Clean benches,as needed. • Remove ground trash,as necessary,concentrating on the snack bar area,i.e.,cigarette butts,etc. • Check the 1st Floor stairwell of Building F off-secured parking. • Clean the tops of all exterior trash/recycle containers. • Completely clean handrails. Bid Alternates Bid alternates will be utilized to allow for additional service visits on the same service day and in the same location. Each additional service visit per day shall include the minimum daily task requirements specified for each site. Additional service visits may be requested at the following sites: ZONE 2* Type Building Address Beach Barefoot Beach Restrooms 505 Barefoot Beach Blvd Beach Bluebill Restrooms 1131 Gulfshore Blvd Beach Cocohatchee Park Restrooms Coast Guard&Playground RRs 13531 Vanderbilt Drive Beach Vanderbilt Beach Restrooms-new 100 Vanderbilt Beach Road Beach Vanderbilt Beach Restrooms-old 100 Vanderbilt Beach Road ZONE 4 Beach Bayview Park Marina 1500 Danford Park East Naples Community Center 3500 Thomasson Drive Park East Naples Community Park-Field House Restrooms 3500 Thomasson Drive Park East Naples Community Park-Restroom(by tennis/pickleball) 3500 Thomasson Drive Park East Naples Community Park-Welcome Center 3500 Thomasson Drive Beach Isle of Capri Paddle Park Restrooms 3620 Collier Blvd. Beach South Marco Beach Restrooms 930 Collier Blvd.s. Park Sugden Regional Park-Bath House 4284 Avalon Beach Tigertail Beach Restrooms(Front&Back Parking Lots) 490 Hernando Drive *Zone 2 not part of the award of this contract. Page 6 of 12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES The Facilities Management Division Manager,or designee,may add additional sites to the list above.Pricing for any sites added shall be based on the additional services unit price specified in the Contractor's Fee Schedule. The omission of price for the alternate of any respective Zone being bid on may be the basis for the rejection of the submitted bid response. Additions and Deletions of Locations and Services No amendments to the resultant contract will be required to add or delete facility locations or service days. The Facilities Management Division Manager,or designee,shall provide written notice to the Contractor of any additional and/or new locations or if removing a location from coverage.Prices for any additions and deletions,including service days,shall be based upon the unit price specified in the Contractor's Fee Schedule,which is a cost per square foot per service day rate,or in the case of the parking garages,cost per day.The removed location shall not be billed for the month of removal. Records and Documentation The Contractor is responsible for maintaining and updating records for each serviced location.The documentation will include,and not be limited to,records of all service calls,services performed, site recommendations,and any additional services, if applicable. The Contractor will maintain a service log for each site.The Contractor will not charge for any call-back work.All reports shall be sent to the County's Contract Officer,noting the date,type,service,location,etc. A current material,supplies,and equipment list shall be provided and updated quarterly to the County's Contract Officer. A Safety Data Sheet(SDS), in compliance with the standards outlined in Occupational Safety and Health Administration (OSHA) Hazard Communication Standard(H.C.S.),29 CFR 1910.1200,shall be provided to the County's Contract Officer.This includes but is not limited to: • The chemical name and the common name for the toxic substance. • The hazards or other risks in the use of the poisonous substance, including but not limited to:the potential for fire,explosion, corrosively,and reactivity;known acute and chronic health effects of the risks from exposure,including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and the primary routes of entry and symptoms of over-exposure. • The proper precautions,handling practices,necessary personal protective equipment,and other safety precautions in the use or exposure to the toxic substances,including appropriate emergency treatment in the case of overexposure. • The emergency protocol for spills,fire,disposal,blood-borne pathogens,and first aid. • A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading the information. • The year and month,if available,that the information was compiled and the name,address,and emergency telephone number of the manufacturer responsible for preparing the data. Note: All changes/updates shall be immediately reported to the Facilities Management Division Manager or designee. Page 7 of 12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES Attachment A: Detailed Cleaning Specifications The following information is a detailed explanation of the minimum expected on each task. Trash Removal(Each service day) • The Contractor shall include the cost of trash removal and the black or white plastic liners in its unit price.The County shall provide dumpsters or compactors at each site. • Main Government Complex janitorial contractor must utilize the compactor behind the Jail and dispose of trash from most buildings, except Building W(Facilities Management Division),Building G(Fitness Center), and Museum,which can utilize the containers located at Building W(Facilities Management Division). • The Contractor shall provide appropriate equipment for office trash removal to avoid the possibility of floor damage due to the dragging of trash bags or containers through buildings.Any damage to carpets and floors caused by dragging bags or containers will be repaired or replaced at the Contractor's expense.The Contractor will immediately clean any dragging stains on the carpet or concrete.No drag lines will appear while emptying inside or outside garbage. Recyclable Material Removal(Each service day) • All recycling shall be placed in an outside receptacle,loose,not in plastic bags. • County employees are to empty their containers into a centrally located container within the building, which the janitorial contractor will remove every service day. • All recyclable materials and their revenues are the property of Collier County.Removing all recyclable materials shall conform to all applicable Federal,State,or Local laws. Vacuuming Carpets(Once per week) • All carpeted areas shall be totally and completely vacuumed one(1)time per week or as deemed necessary due to an issue, leaving them free from visible dirt and debris. Special attention shall be paid to baseboards and corners. • All carpeted areas shall be vacuumed using a motorized vacuum with brush/beater bars with a HEPA-filter 0.3-micron filtration system and dual motors.The County requires that the system meets or exceeds the stated vacuum requirements. • The Contractor is responsible for providing vacuums to all buildings within their zone(s). • The Contractor is responsible for replacement with an appropriate filtration system and must provide information on the vacuum model to the Facilities Management Division Manager for approval. • All stains must be removed each night.If a stain cannot be removed,the area stained shall be reported in writing to the Facilities Management Division Manager or designee within twenty-four(24)hours. Basic Cleaning(Each service day) • All washable surfaces, including but not limited to office furniture, office partitions, counters, stainless steel, around light switches,windowsills,bulletin boards,shelves,display cases(excluding Museum's display cases),laminated plastic surfaces, elevators, and elevator panel boards, shall be cleaned using a microfiber cloth dampened in an all-purpose cleaner unless otherwise specified. Replace hand sanitizer as needed. All stair hand railings shall be cleaned weekly.Stairs shall be swept and wet mopped weekly. Interior/Exterior Glass Cleaning(Every six months/as needed) • All washable interior glass surfaces including but not limited to side panels, display case glass(excluding Museum's display cases), glass walls and doors, and security/privacy glass, shall be cleaned on service days by a cloth dampened in a window cleaner. • All first-floor exterior windows of each building shall be cleaned every six(6)months. • Facilities Management Division reserves the right to request a quote for all multi-story building windows to be cleaned yearly. Entry Cleaning(Each service day) Entrance area cleaning shall be performed on service days and shall include but is not limited to: • All doors,sliding glass panels,and side windows shall be cleaned with a cloth dampened with glass cleaner. • All debris, including but not limited to paper, gum, leaves,cigarette butts, and cobwebs, shall be removed daily,both on the inside and outside of the entrance,including all porches up to twenty-five(25)feet in front of EACH entrance. • All door and window frames,doorknobs,and push bars(inside and outside)shall be cleaned with a cloth dampened with an all- purpose cleaner. Page 8 of 12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES • All pedigrid entry systems shall be vacuumed on service days. • All pedigrid entry systems shall be deep extraction cleaned twice per year. Floor Mats(Each service day) • All floor mats located in the facility's exterior or interior shall be swept on service days. Drinking Fountains(Each service day) • All drinking fountains must be cleaned on service days with a germicidal cleaner.The entire drinking fountain shall be free of streaks,stains,spots,smudges,scale,and other apparent removable soil. Sweeping/Wet Mopping Hard Floors(Each service day) • All hard surface floors shall be swept using a microfiber dust mop and then damp mopped on service days.This includes but is not limited to elevator floors,restroom floors,office floors,and hallways. All Community Center hard surface floors shall be swept,and damp mopped every service day.Warning barricades(with dual language)shall always be used when any surface is damp. • A micro-fiber mop shall be used for sweeping.For damp mopping,an all-purpose cleaner or germicidal cleaner shall be used. Ash Receptacles(Each service day) • Wall-mounted ashtrays and floor-type ash receptacles within the area shall be emptied and returned to their locations.The wall- mounted and floor-type receptacles with removable ashtrays in public areas shall be damp wiped with a cloth to remove evident soil.Any cigarette butts surrounding the receptacle within 10'will be picked up and disposed of. Dusting(Once per week/monthly) • All horizontal surfaces less than ten feet(10')above the floor that does not require being damp wiped shall be dusted weekly using a microfiber dust cloth.No feather dusting is allowed without exception. • All picture frames,clock face glass,and surfaces under eight feet(8')above the floor shall be dusted weekly. • All AC vents(supply/return)shall be cleaned weekly,if reachable,with an extension rod. • All ceiling fans and tops of bookcases(with no items)shall be cleaned monthly,if reachable with an extension rod. Doors(Each service day) • All doors, door handles (front and back), door frames, and kick and push plates shall be cleaned every service day, or more frequently if needed,using a dampened microfiber cloth. • All switch plates shall be cleaned,including the area around them. • All furniture, waste receptacles, etc., must be returned to their original positions after floors have been cleaned so employees can begin work the following morning. Vending Machines(Weekly) • The surfaces of all vending machines,including the top,shall be cleaned weekly;or as needed. Walls/Baseboards(Monthly) • All walls and baseboards shall be spot washed as needed unless otherwise specified in these specifications. Blinds(Monthly) • All mini-blinds,vertical blinds,and horizontal blinds shall be dusted monthly using a damp microfiber cloth or a vacuum cleaner with the proper attachment to remove all dust, smudges, and dirt. No feather dusting is permitted without exception.After cleaning,the mini blinds shall be straightened and returned to their original position. Dry Clean Carpets(Every six months) • Dry cleaning may be substituted by extraction at the Facility Manager's discretion. This is the preferred method for cleaning small spots daily. • Departments must be notified five(5)days prior to scheduled cleaning. Page 9 of 12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES Strip&Refinish Hard Floors or Spray Buff(Every six months) • The hard floors in all closed and open office areas,hallways,lobbies,elevators,and all restrooms shall be stripped and refinished every six(6)months.Hosing off the floor shall not be permitted. • All movable furniture and objects shall be moved out of the area. • Locker and shower floors shall be scrubbed every six(6)months. • Departments must be notified at least five(5)business days prior to scheduled cleaning. • All furniture,waste receptacles,etc.must be returned to original positions after floors have been cleaned so employees can begin work the following morning. • Departments must be notified five(5)days prior to scheduled cleaning. Furniture Fabric Cleaning(Every six months) • All non-upholstered furniture shall be cleaned monthly. • All upholstered furniture shall be steam-cleaned semi-annually as requested by each division. • Furniture surfaces and legs shall be cleaned as required. • The fabric found on office partitions shall be vacuumed bi-annually. Deep Extraction Carpet Cleaning(Every six months) • All carpets shall be cleaned every six(6)months.All departments must be notified five(5)days prior to scheduled cleaning. Scheduling,Employee Work Hours,and Wages • The Contractor shall be responsible for scheduling its employees to accomplish the tasks and cleaning requirements specified in the Specified Tasks and Frequency Schedule at times designated by the building-cleaning schedules found in these specifications.Employee scheduling shall be enough(7 days)to allow for compliance with the Specified Tasks and Frequency Schedule as referenced above. • The Contractor has the prerogative to increase the number of employees on the job to ensure compliance with the contract specifications at no cost to the County. • The Contractor shall always have a non-working supervisor on site for Zone 1. • The Contractor for Zones 2-4 shall have two(2)daytime non-working supervisors and one(1)nighttime non-working supervisor on-site,dependent upon the number of zones under this Agreement. • Evening start-time for the Contractor personnel shall be 5:00 pm unless otherwise arranged or designated. The Contractor's employees shall not start earlier without the express consent from the Facilities Management Division Manager or Designee and the Contractor's supervisory personnel. • In the event of evening meetings being conducted in County facilities,the Contractor shall be responsible for proper cleaning provided at the end of the meeting by 9:00 pm.When meetings end after 9:00 pm,the Contractor shall be responsible for cleaning the area the next morning,with no deduction from the Contractor's invoice. Recycling • Removal of recycling will take place on service days. All facilities not on the main government complex must have exterior recycling containers,per County ordinance,for use by the janitorial staff or decide that County staff will handle.Janitorial staff is not required to separate recycling of trash/recycling containers or breakdown boxes prior to removal.All recycling shall be placed in an outside receptacle,loose,not in plastic bags. County Holidays • The schedule for all observed holidays is listed below.The Contractor shall not be required to perform services on these days unless requested by the County with one(1)week advanced notice.The exceptions are,now,the Sheriff's Substations,Special OPS,CID,CCSO Fleet,Beach Restrooms,General Park Facilities,and the 911 Call Center located in the ESC Bldg.The following days shall be holidays recognized by Collier County: New Year's Day Independence Day Day after Thanksgiving Martin Luther King Day Labor Day Christmas Eve Day President's Day Veteran's Day Christmas Day Memorial Day Thanksgiving Day The dates of the holidays observed change yearly.The Contractor should check with the Facility Manager for an exact schedule of when the County,Clerk of Courts,Court Administration,or Health Department observes each holiday. Page 10 of 12 Exhibit A-Scope of Services CAO � 6F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES Attachment B: Supplies and Equipment Specifications It shall be understood and agreed that all services,materials,and equipment shall comply fully with all Local,State,and Federal laws and regulations. General Specifications • All equipment and supplies shall be Green Seal Certified, where applicable. Any changes must be approved by the Facilities Management Division Director or his designee.Changes can be requested by the Facilities Management Division Director or his designee. • Proof,by invoice or packing slip,shall be shown to Facilities Management Division Manager that acceptable supplies are provided. • Using cleaning products and/or chemicals,the Contractor is representing to the County that it has the experience and knowledge to prevent the use of such supplies/chemicals singularly or in combination in such a manner to pose or cause a risk or threat of actual harm to the public,Contractor's employees,or the County's employees. • Reference of Green Seal Certified Products: https://certified.greenseal.ors/ Supplies Current toilet paper, paper towels, and soap dispensers are Tork. The County will fully transition to the following under this Agreement: GOJO FMX-20 Push-Style Foam Soap dispenser Georgia Pacific#54338a Push Paddle Roll Towel Dispenser San Jamar Twin 9" JBT Dispenser#R4000TBK Additional locations may be added for which Facilities Management is unable to use the above-identified dispenser. New dispensers shall be installed during the transition at all locations except for the following: **GMD—P&R-Development Services—2800 Horseshoe Dr. N Current dispensers: GOJO#5361-02 Soap Dispenser EN-Motion#89410 Paper Towel Dispenser Angel Soft#16560 Toilet Paper Dispenser All dispensers will be installed under this Agreement. • The following supplies shall be provided by the Contractor and installed in the proper locations and shall conform to GREEN SEAL CERTIFICATION: https://greenseal.org/certified-products-services: • Toilet tissue shall be two-ply—GS-1 • Paper towels shall be continuous center pull,roll,etc.—GS-1 • Hand soap • Trash liners—Black or white liners for trash and clear liners for recycling • Urinal floor screens • Toilet Seat Covers • Feminine Hygiene products—Guards#147 or equivalent; Women's sanitary product(Revenues to be kept by Contractor) • Hand Sanitizer for dispensers • Wax bags Germicidal Cleaner • Germicidal cleaner shall be Green Seal Certified, if appropriate. The product shall not cause any surface deterioration when appropriately used and shall not cause the color to bleach or bleed.All containers shall be labeled with the hazardous agent noted and necessary precautions indicated.Bleach may be used at approved locations. All-Purpose Cleaner • The cleaner shall be made from high-quality soaps,abrasives,and disinfectant agents,uniformly mixed. It shall not cause colors to bleach or bleed. • The all-purpose cleaner shall be Green Seal Certified,if appropriate. Page 11 of 12 Exhibit A-Scope of Services CAO 16F7 ITB#22-8005 "Janitorial Services" EXHIBIT A SCOPE OF SERVICES Stainless Steel Cleaner • Stainless Steel Cleaner shall be Green Seal Certified,if appropriate. Bowl Cleaner • Bowl cleaner shall be chemically effective for the removal of scale, film,plumbers stone,or organic material. It shall also clean and deodorize without damaging the finish or fittings. • The bowl cleaner shall be Green Seal Certified,if appropriate. Glass Cleaner • Glass cleaner shall be a blend of synthetic organic detergents,alcohols,solvents,and germicidal components; it shall not contain any perfume,ammonia,or inorganic alkalis. • The glass cleaner shall be Green Seal Certified,if appropriate. Floor Finish,Sealer,and Stripper • All floor finishes, sealers, and stripper specifications shall conform to the manufacturer's instructions. The floor finish shall be completely waterproof within twelve(12)hours after application. • Floor finish shall be non-yellowing on the floor and should be milk white in the original container rather than tan.The floor finish shall be Green Seal Certified,if appropriate. Cleaning Equipment • All rotary machines used for buffing purposes shall be high-speed machines. • When dusting is required,micro-fiber cloths and equipment shall be used.Feather dusting is not permitted. • Micro-fiber mops shall be used to eliminate the scattering of dust. Storage • When possible,the County will provide areas for storing the Contractor's supplies and equipment.The Contractor shall maintain the storage areas in a clean,orderly,and safe condition at all times. Page 12 of 12 Exhibit A-Scope of Services CAO 16F7 Exhibit B Fee Schedule following this page (pages 1 through ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 16F7 Invitation to Bid (ITB)22-8005 "JANITORIAL SERVICES" EXHIBIT B FEE SCHEDULE SECONDARY CONTRACTOR 3H &3H, INC. SECTION 1: REGULAR SERVICES Unit of Zone 1 Zone 3 Zone 4 Line# Description Measure 1 Janitorial Services in Offices,Libraries and Public Sq.Ft.per $ 0.0038 $ 0.0040 $ 0.0040 Service Locations(not including parking garages) Service Day SECTION 2: PARKING GARAGES Unit of Zone 1 Line# Description Measure Cost per $ 82.00 2 Parking Garage#1 -Zone 1 Service Day Cost per $ 82.00 3 Parking Garage#2-Zone 1 Service Day SECTION 3: BID ALTERNATES Unit of Zone 1 Zone 3 Zone 4 Line# Description Measure Additional site visit to perform regular services in Sq. Ft.per 4 addition to base service visit per day Additional $ 0.0040 $ 0.0050 $ 0.0050 (excluding parking garages) Service Visit SECTION 4: ADDITIONAL JANITORIAL SERVICES&MARKUP Normal Business OT Hourly rates for Additional Janitorial Services not identified as a service day rate Off-Hours Hours ( ) Line# Description Unit of Measure Price Price 5 Hourly Janitorial Services per hour $ 18.75 $ 28.13 6 Material Mark-up not to Exceed 10% 10.00% 7 Sub-Contractor Mark-up not to Exceed 15% 15.00% *Note:After Normal Business Hours,County-observed Holidays,or During a Local State of Emergency(i.e.,Hurricane)(Time&1/2) Prices shall remain firm for the intitial term of this contract Page 1 of 1 Exhibit B-Fee Schedule 16F7 Other Exhibit/Attachment Description: Public Payment and Performance Bond IIfollowing this page (pages 1 through 6 I I this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2022_Ver.3 i 16F7 Exhibit C-1 I this exhibit is not applicable PUBLIC PAYMENT BOND Bond No. Contract No. 22-R005 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 2023 with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties' obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2023 , the name of under-signed representative, pursuant to authority of its governing body. Page 1 CAO 16F7 Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of E physical presence or ❑ online notarization, this of 2023 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) Page 2 16F7 OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of El physical presence or El online notarization, this _ of 20 23 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 3 CAO 16F7 this exhibit is not applicable EXHIBIT C-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 22-8005 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2023 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page 4 CAO 16F7 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 2023 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this _ of 2023 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced _ as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 5 16F7 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this of 20 23 , by as of , a corporation,on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary Public-State of Florida) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page 6