Loading...
Agenda 07/08/2014 Item #16E147/8/2014 16.E.14. EXECUTIVE SUMMARY Recommendation to accept the Hearing Officer's recommendation in the appeal of Invitation to Bid (ITB) 13 -6113 Janitorial Services; award the contract to ISS Facility Services, Inc; and, authorize the Chairman to execute a County Attorney approved contract. OBJECTIVE: To obtain janitorial services for County owned and leased buildings at the best value. CONSIDERATIONS: The Department of Facilities Management manages janitorial services for approximately 140 County -owned buildings totaling 1,500,000 square feet. On October 10, 2013, the Purchasing Department solicited bids for janitorial services. The selection was based upon the lowest qualified bidder, as outlined in the solicitation. A total of three hundred forty -seven (347) notices were sent, fifty -three (53) downloaded, and seven (7) submissions received. The order of the bidder's from lowest to highest price was: Vendor Offer ISS Facility Services $1,177,682.83 USSI 1,290,226.36 ABM 1,302,672.42 American Facility 1,412,866.90 American Maintenance 1,447,799.22 DTZ 1,453,060.01 Grosvenor 1,638,446.01 While ISS Facility Services was the lowest bidder, the firm was not a local vendor. Per the Board's Purchasing Ordinance (Section 15: Procedure to Provide Preference to Local Business in County Contracts), staff extended the Local Vendor Price option, to the second lowest bidder, USSI [within ten (10 %) of the lowest offer]. USSI declined to accept the ISS Facility Services bid minus one ($1.00) dollar. Staff posted the intended recommendation on Thursday, February 6, 2014, and subsequently received a protest to the recommendation from an attorney with the law firm Vernis & Bowling representing the third lowest bidder and current vendor, ABM. After review of all of the issues raised in the protest, and the facts pertaining to each, the Purchasing Director supported the staff's position of merely applying the originally bid unit price to correctly calculate the low bid amount. Accordingly, the Purchasing Director denied ABM's protest and directed staff to move forward with the award of ITB 13 -6113 Janitorial Services. The Board's Purchasing Ordinance (Section 23, F and G) allows the protesting party to appeal the Purchasing Director's decision. Thereafter, as permitted by the Ordinance, the County Manager directed the appointment of a hearing officer to consider the appeal and make a final recommendation for the Board of County Commissioners. On March 11, 2014 (Item 16E1), the Board extended the ABM Janitorial Services — Southwest LLC through August 31, 2014 or until the Board awards a new contract (whichever is sooner). The Hearing was conducted on May 7, 2014 with Special Magistrate Brenda C. Garretson serving as the Hearing Officer. Packet Page -2128- 7/8/2014 16.E.14. During the evidentiary portion of the hearing, ABM presented live testimony from Connie Bires and Ben Carver; the County called Joanne Markiewicz, Collier County Procurement Director and Adam Northrup, Collier County Procurement Strategist. The hearing lasted the entire day. Immediately following the conclusion of the hearing, each party submitted closing statements in writing to Judge Garretson by Wednesday, May 28, 2014. On June 16, 2014, the Hearing Officer issued a twenty -five (25) page decision in the matter that included the following recommendation: "Having reviewed the records, transcripts, audio CDs, exhibits and documents submitted by the parties, having heard the testimony presented and the arguments offered by the parties in their Bench Briefs, it is the recommendation of the undersigned Hearing Officer that the Formal Written Protest filed by ABM Janitorial Services Southwest, LLC be denied on the ground that neither ITB No. 13 -6113 nor the County's actions in connection with the solicitation of that procurement were arbitrary, capricious, illegal or fraudulent and that, in accordance with the Purchasing Ordinance and the ITB, the low bid of ISS Facility Services, Inc. be upheld and reported to the Board of County Commissioners for its final consideration to award a contract for the janitorial services for Collier County." Staff recommends that the Board accept the hearing officer's decision and authorize the Chairman to execute the contract with ISS Facility Services. In order to effect an orderly transition, staff also recommends that the contract with ISS Facility Services go into effect on September 1, 2014, and that the ABM contract be terminated on August 31, 2014. FISCAL IMPACT: The base annual amount of the contract is estimated to be $1,177,600 plus any additional services. Funds are budgeted in the Department of Facilities Management Operating Budget 001 - 122240. The total hearing costs were $7,726.46. The County and ABM will each pay one -half of the $3,316.46 court reporter services ($1,658.23). Since the County was the prevailing party before the Hearing Officer, ABM is also required to pay the Hearing Officer's fee of $4,410, as provided for in Section 23G of the Board's Purchasing Ordinance. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. —SRT GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners recommendation in the appeal of Invitation to Bid (ITB) 13 -6113 contract to ISS Facility Services, Inc; and, authorizes the Chairman Attorney approved contract. Prepared By: Joanne Markiewicz, Director, Procurement Services Dennis Linguidi, Manager, Facilities Management Attachment: • Hearing Officer Decision • Revised Bid Tabulation • Agreement Packet Page -2129- accepts the Hearing Officer's Janitorial Services; awards the to execute the attached County COLLIER COUNTY Board of County Commissioners Item Number: 16.E.15. 7/8/2014 16.E.14. Item Summary: Recommendation to accept the Hearing Officer's recommendation in the appeal of Invitation to Bid (ITB) 13 -6113 Janitorial Services; award the contract to ISS Facility Services, Inc; and, authorize the Chairman to execute a County Attorney approved contract. Meeting Date: 7/8//2014 Prepared By Name: JoanneMarkiewicz Title: Director - Purchasing /General Services, Purchasing & General Services Approved By Name: pochopin_p Title: Administrative Assistant, Administrative Services Division Date: 6/17/2014 2:59:45 PM Name: Camp_S Title: Director - Facilities Management, Facilities Management Date: 6/17/2014 3:37:25 PM Name: DennisLinguidi Title: Manager - Facilities, Facilities Management Date: 6/17/2014 3:42:19 PM Name: JoanneMarkiewicz Title: Director - Purchasing /General Services, Purchasing & General Services Date: 6/18/2014 7:05:28 AM Name: AdamNorthrup Title: Procurement Specialist, Purchasing & General Services Date: 6/18/2014 11:23:57 AM Name: KelseyWard Title: Procurement Specialist, Purchasing & General Services Date: 6/19/2014 8:52:20 AM Packet Page -2130- Name: JohnsonScott Title: Manager - Procurement, Purchasing & General Services Date: 6/20/2014 3:15:18 PM Name: MarkiewiczJoanne Title: Manager - Procurement, Purchasing & General Services Date: 6/23/2014 12:05:51 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 6/23/2014 1:35:41 PM Name: PriceLen Title: Administrator - Administrative Services, Administrative Services Division Date: 6/24/2014 5:37:27 PM Name: KimbleSherry Title: Administrator - Administrative Services, Administrative Services Division Date: 6/25/2014 10:30:19 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/26/2014 5:09:08 PM Name: OchsLeo Title: County Attorney, Date: 6/30/2014 2:13:26 PM Packet Page -2131- 7/8/2014 16.E.14. 7/8/2014 16.E.14. BRENDA C. GARRETSON. E • Florida Supreme Court Certified Mediator Appellate, Circuit Civil, Family 81 County ` Special Magistrate ` ,Arbitrator • Hearing Officer June 16, 2014 VIA EMAIL: Dirk Smits, Esq. Scott R. Teach, Esq. DSmits( )Forida- law.com scottteachncolliergov.net Theron C. Simmons, Esq. Kevin. L. Noell, Esq. tsirnmons a( Florida- Law.com KevinNoell!colliergov.net Vernis & Bowling of the Florida Keys, P.A. Office of the County Attorney RE: Collier County ITB # 13- 6113, "Janitorial Services" Bid Protest by: ABM Janitorial Services — Southwest, LLC Dear Counsel: Attached please find your copies of my Final Recommended Order in the above'- referenced matter. Please acknowledge your receipt of same in writing to confirm delivery was made today. The original will be sent to the County Attorney's Office for presentation to the Board of County Commissioners for their consideration. Since this concludes my duties as Hearing Officer, I have also attached my Invoice for my services through June 16, 2014, The Invoice is directed to both parties, but based on ABM's failure to win its' appeal, I believe ABM bears the responsibility for payment of this Invoice. Please advise me if there is disagreement on this point. Such Invoices are normally paid within thirty days. Thank you for allowing me to serve as your Hearing Officer. If 1 can be of further assistance, do not hesitate to contact me. I enjoyed working with all parties, including witnesses, and appreciate all courtesies extended to me. Sincerely, Br nda C. Garretson, Esq. Hearing Officer 4915 Rattlesnake Hammock U. #127 bk_garret @.%mail.com Naples/ FL 34113 1239) 227-81S1 Packet Page -2132- 7/8/2014 16.E.14. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ABM JANITORIAL SERVICES SOUTHWEST, LLC, Petitioner, V. ITB# 13 -6113 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Respondent, RECOMMENDED ORDER THIS MATTER came before the Honorable Brenda C. Garretson for final hearing on May 7, 2014, in Naples, Collier County, Florida, pursuant to a bid protest filed by ABM Janitorial Services Southwest, LLC ("ABM'), regarding the recommendation to award a contract for provision of janitorial services for Collier County facilities in response to Invitation to Bid No. 13 -6113 ( "ITB ") issued by the Collier County Purchasing Department. Having thoroughly reviewed and considered the records, audio CDs, exhibits, transcripts, briefs submitted by the parties, testimony of witnesses presented, argument of counsel and legal authority, and being otherwise fully advised in the premises, the undersigned makes the following findings of facts, conclusions of law- and recommendations for submission to the Collier County Board of County Commissioners: Packet Page -2133 - APPEARANCES: For Petitioner: ABM Janitorial Services: For Respondent: Collier County Board of County Commissioners: 7/8/2014 16.E.14. Dirk M. Smits, Esq. Florida Bar No. 911518 Theron Simmons, Esq. Florida Bar No. 623385_ Vernis & Bowling of the Florida Keys, P.A. Islamorada Professional Center 81990 Overseas Hwy., P Floor Islamorada, Florida 33036 Kevin L. Noell, Esq. Assistant County Attorney Florida Bar No. 13811 Scott R Teach, Esq. Deputy County Attorney Office of the Collier County Attorney 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 STATEMENT OF THE ISSUES 1. Whether the Invitation-to Bid ( "ITB ") issued by Collier County ( "County ") and the County's incorporation of ISS Facility Services, Ine.'s ( "ISS ") bid unit prices from an earlier version of the ITB Bid Schedule, into the correct final version of the Bid Schedule, was arbitrary, capricious, illegal or fraudulent such that the ISS bid should be nullified? ? Whether the first lowest bid from ISS and second lowest bid from USSI should be rejected as non- responsive for failure to use the correct Bid Schedule when submitting their bids, and ABM, as the third lowest bid, should be reported to the Collier County Board of County Commissioners as the responsible and responsive vendor submitting the lowest responsive bid? Whether ABM's bid protest should be denied and ISS' low bid be upheld and reported to the Board of County Commissioners for award of a contract under ITB No. 13 -6113 as the responsible and responsive vendor submitting the lowest responsive bid? Packet Page -2134- 7/8/2014 16.E.14. PRELIMINARY STATEMENT The County's Department of Facilities Management manages janitorial services for approximately 140 County -owned buildings totaling 1,500,000 square feet. On October 10, 2013, the Collier County Purchasing Department ( "Purchasing ") solicited bids for janitorial services under ITB No. 13 -6113. Seven bids were submitted, including timely bids from ABM Janitorial Services Southwest, LLC ("ABM") and ISS Facility Services, Inc. ( "ISS "). Pursuant to the County's bid procedure regarding ITBs, the bids were opened and tabulated, resulting in the following ranking from lowest bid submitted to highest: Vendor Bid Amount ISS $1,177,682.83 USSI $1,290,226.36 ABM $1,302,672.42 American Facility $1,412,866.90 American Maintenance $1,447,799.22 DTZ $1,453,060.01 Grosvenor $1,638,446.01 On February 6, 2014, . the County Purchasing Department posted its intention to report ISS as the low bidder to the Board of County Commissioners. This matter arises as a result of a Formal Written Protest timely filed on February 13, 2014, by ABM to challenge the County's intention to award the contract to the lowest bidder, ISS (Exhibit 5 of ABM's Exhibit Notebook). ABM was the third lowest bidder and is the current vendor providing janitorial services for the County. The exact grounds asserted by ABM in its Formal Written Protest are set forth in Exhibit 5 of ABM's Exhibit Notebook, and are re- stated here as follows: 1. The low bidder, ISS (as well as USSI), made post -bid material changes by submitting a different price on 1.2110,'13 and (1112112013) and ISS was given an opportunity to change their responses which ABM was not afforded. 3 Packet Page -2135- 7/8/2014 16.E.14. 2. Post -Bid meetings were held outside the Sunshine without Notice or opportunity for Public Attendance and Input. 3. The bid by ABM included costs not accounted for by the low bidder. 4. The responses did not include the expense of operating a vehicle fleet to service outlying facilities. 5. A large variance in the annual bid total by ISS was due to the ambiguity of certain scope items. This resulted in inaccurate pricing of the overall project. On February 20, 2014, after a review of ABM's Protest and as required by Section 23 of Collier County Code of Laws and Ordinance No. 2013 -69 (the "Purchasing Ordinance "), the Purchasing Director issued her "Protest Decision Regarding Solicitation 13 -6113 Janitorial Service" (Exhibit 2 of County's Exhibit Notebook). Thereafter, ABM filed a Notice of Appeal to Protest Decision (Exhibit 6 of ABM's Exhibit Notebook) and the County Manager directed the appointment of a Hearing Officer to consider the appeal of the Formal Protest as provided in Section 23G of the Purchasing Ordinance. With the consent of the Petitioner, the undersigned Hearing Officer was hired to consider this appeal and during a pretrial conference call conducted by the Hearing Officer on April 1, 2014, this matter was scheduled to be heard on May 7, 2014. Pursuant to the stipulation of the parties, all of the exhibits included in each party's Exhibit Notebook were admitted into evidence. During the evidentiary, portion of the hearing, ABM presented live testimony from the following witnesses: Connie Bires, Project Manager for ABM, and Ben Carver, Regional Branch Manager for ABM. The County presented live testimony from Adam Northrup, the Procurement Strategist in the County's Purchasing Department who prepared and issued the ITB, and Joanne Markiewicz, the Collier County Purchasing Director. 4 Packet Page -2136- 7/8/2014 16.E.14. In lieu of closing arguments, which were waived by the parties, Recommended. Findings of Fact and Order were submitted to the Hearing Officer within 10 business days following receipt of the hearing transcript. The transcript of the hearing was received on May 16th, 2014. Based upon a review of the documents, briefs, exhibits, legal authority submitted by the parties and the evidence presented at the hearing, as well as a complete examination of the record as a whole and consideration of the parties' Recommended Orders, the undersigned males the following Findings of Fact: FINDINGS OF FACT The Collier County Purchasing Ordinance was adopted by the Collier County Board of Commissioners on December 10, 2013.1 The intent of the Board in enacting the Ordinance is found in Section Two: Purpose, which states, in part: "The purpose of this Purchasing Ordinance is to codify and formalize Collier County's Purchasing Policy, to provide for the fair and equitable treatment of all persons involved in public purchasing by the County, to maximize the purchasing value of public funds in procurement, and to provide safeguards for maintaining a procurement system of quality and integrity." 2. ABM is the current vendor providing janitorial services for the County. ABM's contract was scheduled to terminate at the end of February 2014 but the County extended that agreement for up to an additional six (6) months until this bid protest could be resolved. 3. On October 17, 2013, the Collier County Purchasing Department posted an Invitation to Bid ( "ITB ") requesting unit price based bids from interested and qualified firms, to perform janitorial services at various County -owned properties. The Purchasing Ordinance 2 While this Purchasing Ordinance was enacted after the commencement of the bidding process there was no substantial change in purchasing policy that affects this Bid Protest. 5 Packet Page -2137- 7/8/2014 16.E.14. defines an ITB to mean "a written or electronic solicitation for sealed competitive bids with the title, date, and hour of the public bid opening designated and specifically defining the commodity, group of commodities, or services for which bids are sought. It includes instructions prescribing all conditions for bidding and will be distributed to registered bidders simultaneously. The invitation to bid shall be used when the agency is capable of specifically defining the scope of work for which a contractual service is required or when the agency is capable of establishing precise specifications defining the actual commodity or group of commodities." 4. The County held a publicly noticed pre -bid meeting on October 22, 2013 to give the bidding community an opportunity to ask questions and familiarize themselves with the janitorial services being solicited. Various prospective vendors were in attendance, including representatives from both ABM and ISS. S. Due to questions submitted to the County on its online forum, issues discussed in the pre -bid meeting and clarifications from the Collier County Contract Manager, three Addendums were made to the ITB throughout the open bid period. Addendum 41, posted October 28, 2013, issued a revision to the ITB and bid schedule, issued a cleaning schedule for all sites that were discussed in the pre -bid meeting and extended the open bid period to November 13.2013. 6. Addendum 42 to the ITB, posted on ?~November 6, 2013, issued a second revision to the ITB and the bid schedule and included another extension to the bid period until November 18, 2013. Addendum 42 also addressed some of the issues with the scope of the work, such as the number of days a particular location needed to be cleaned and provided for a cleaning C' Packet Page -2138- 7/8/2014 16. E.14. schedule. Importantly, the revised bid schedule located in Addendum #2 was the final bid schedule that listed out all of the areas to clean and frequencies, which included changes to the facilities identified and to the frequency of cleaning for some of the locations. Addendum #3, posted on November 7, 2013, simply extended the online question and answer period to November 1.3, 201.3. 7. The ITB closed on November 18, 2013 with seven vendors submitting timely bid proposals, initially ranked as follows: # Company Pricing 1 ISS 1,173,382.78 2 USSI 1295,086.40 3 ABM 1,302,672.42 4 American Facilities Services 1,412.866.90 5 American Maintenance 1,452,856.42 6 F7 DTZ 1,463.568.49 Grosvenor 1,638,446.01 8. The submissions by the prospective vendors were reviewed on November 19, 2013 by the County Procurement Strategist, Adam Northrup, to determine responsiveness to the ITB. Upon examination, it was discovered that four of the seven vendors had incorrectly used the initial version of the bid schedule (either the one that was included in the original ITB or the first revision of the bid schedule that was included in Addendum #1) rather than using the final, corrected bid schedule that was included in Addendum #2. 9. The cause of this mistake by a majority of the bidders is unknown. As admitted by the County, the bid .Addenda included some incorrect numbering and dates, which theoretically could have caused confusion to some of the bidders, but no evidence was presented to this effect. 7 Packet Page -2139- 7/8/2014 16.E.14. 10. The intended award recipient, ISS, as lowest bidder, and the next lowest bidder, USSI, used the incorrect bid schedule. Petitioner ABM, the third lowest bidder, used the correct bid schedule as set forth in Addendum 2 to the ITB. 11. According to the ITB, at paragraph 11, "County reserves the right to reject any and all bids, to waive defects in the form of the bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all the necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non- responsive." None of the seven bids were rejected by Purchasing as non- responsive. 12. While both parties agree that the original bids by ISS and USSI included the incorrect bid schedule with different buildings and days of service, they disagree on whether these changes to the bid schedule constituted a material change, justifying the rejection of the ISS' bid because it was changed, as argued by ABM, or whether the substitution of the correct bid schedule was merely the correction of a ministerial mathematical error, as argued by the County. 13. Both the Procurement Strategist and the Purchasing Director`testified that in order to fairly and equally compare all the submitted bids, it was necessary to ensure that all the vendors used the bid schedule in Addendum #2 because only the final revised bid schedule accurately reflected the frequency of cleaning and square footage of the areas to be cleaned. 14. To accomplish a uniform comparison, the Procurement Strategist transferred the E Packet Page -2140- 7/8/2014 16. E.14. unit prices per square foot of all vendors who submitted the incorrect bid schedule, into the correct bid schedule included in Addendum 42. Vendor ISS USSI ABM American Facility American Maintenance DTZ Grosvenor Those unit prices are as follows: Unit Price $ 0.00417 $ 0.004568 $ 0.00462 $ 0.00499 $ 0.00514 $ 0.005156704 $ 0.00577 15. The Procurement Strategist did not change ISS' or any of the other vendors' proposed unit price for any of the services, but rather each vendor's original unit price was incorporated into the correct Addendum #2 bid schedule, so that the County's computer program's formula could calculate the submitted unit prices and automatically arrive at the accurate total bid amount for all vendors. 16. Wages 11 and 12 of the ITB expressly state, that it is "the intent of Collier County to award to the lowest, qualified and responsive vendor(s)" and that the qualified bidder with the lowest amount in the line 117 Bid Total will be awarded the bid. 17. The ITB provides that mathematical miscalculations may be corrected by the County to allow for accuracy in the comparison of the cost to the County of the submitted bids. Any error in calculations which occurs on the Bid Response Pages must be recalculated by the Counter's computer program in relation to the unit price quoted by each bidder. 9 Packet Page -2141- 7/8/2014 16.E.14. 18. Both the Procurement Strategist and the Purchasing Director, Joanne Markiewicz, testified that they believed incorporating ISS' unit prices into the correct Bid Schedule and allowing the program to automatically populate and calculate the total bid amount was a ministerial mathematical correction. 19. Section l OF of the Purchasing Ordinance and numbered paragraph 1 I of the ITB allows the County to waive irregularities in formal bids within lawful guidelines, to waive defects in the form of bid and to select the bid that best meets the requirements of the County. The Purchasing Director determined it was appropriate to waive the vendors' use of the incorrect bid schedule form and to apply all vendors' unit prices to the correct bid schedule to achieve accurate calculations for ranking purposes. 20. Once each vendor's unit prices were plugged into the correct bid schedule, the amount of the total pricing changed, but the vendor rankings did not change from their initial rankings. The updated ranking of the vendors showing the corrected price totals and showing which vendors' bid schedule was corrected is as follows: # Company Pricinp, % from #1 Corrected Local? 1 ISS 1,177,682.83 - Yes No 2 USSI 1.290.226.36 .0956 Yes Yes 3 ABM 1,302,672.42 .1061 Yes 4 American Facilities Services 1,412,866.90 .1997 No 5 1 American Maintenance 1,447,799.22 ' .2294 Yes No 6 1 DTZ 1,453.060.01 .2338 Yes No 7 1 Grosvenor 1,638,446.01 .3912 No 21. After determining that ISS was the lowest responsive and responsible bidder. County staff met with ISS at two meetings that were neither noticed nor open to the public. In Packet Page -2142- 7/8/2014 16.E.14. 22. On December 19, 2013 a transitional review and plan meeting was held by the Procurement Strategist and three other County staff with an ISS representative that was described in testimony elicited at the hearing as an opportunity to place a face with the bidder or a "meet and greet" because ISS was a new vendor to Collier County. 23. On January 17, 2014, a second meeting took place between an ISS representative, the Procurement Strategist and a staff member from the Facilities Management Department to discuss the general form of the contract and general security related issues involving maintaining government facilities. 24. In her Response to Bid Protest, the Purchasing Director indicated that the meetings served to clarify the bid offering, the scope of work expectations and to finalize the contract for recommendation to the Board of County Commissioners. 25. No evidence was presented to indicate that ISS received any special treatment or unfair advantage by meeting with count- staff after the bids had been opened and ranked. Both meetings occurred after the Procurement Strategist incorporated unit prices into the correct bid schedule so the meetings had no effect on the rankings. 26. Neither of those two post -bid opening meetings involved two or more persons authorized to make determinations as to the qualifications of bidders or make decisions that would be recommended for adoption by the Board of County Commissioners. 27. Because the terms of the ITB and the Purchasing Ordinance provided that ITBs are to be awarded to the lowest, responsive qualified bidder, which had already been determined at bid opening, the County staff could not be deemed a ``selection committee' required to comply with the meeting notice requirements of Florida's "Sunshine Law ". 11 Packet Page -2143- CONCLUSIONS OF LAW I. Standard of Review 7/8/2014 16.E.14. In the context of a government procurement dispute, a public body has wide discretion in soliciting and selecting bids, and when based on an honest exercise of discretion, will not be overturned even if it may be erroneous, and even if reasonable persons may disagree. Liberty County v. Baxter's Asphalt & Concrete. Inc., 421 So. 2d 505 (Fla. 1982). As a result of this ride discretion, the Florida Supreme Court has declared that a reviewing court's scope of review in such proceedings is limited to only determining "whether the agency acted fraudulently, arbitrarily, illegally, or dishonestly. "2 Department of Transportation v. Groves- Watkins Constructors, 5' )0 So. 2d 912 (Fla. 1988); see also, Moore v. State Dept. of Health and Rehabilitative Servs., 596 So.2d 759, 761 (Fla. 1" DCA 1992); The Apex Mgmt. Group of New Jersev, Inc. v. Agencv for Health Care Admin., CASE No. 95- 0596BID, 1995 Fla. Div. Adm. Hear. LEXIS 4586, * 10 (DOAH March 16, 1995). An arbitrary decision is one that "is not supported by facts or logic, or is despotic." Agrico. Chem. Co. v. Dept of Envtl. Rea, 365 So.2d 759, 763 (Fla. I" DCA 1978)., - This threshold has been described as a "very high bar." See. Sutron Corp. v. Lake County Water Authority, 870 So. 2d 930 (Fla. 5'' DCA 2004). As long as the County has not acted arbitrarily or capriciously, and has acted in good faith. its decision should not be subject to review. Wood- 1Iopkins Contracting Co. v. Roger J Au & Sons, Inc. 354 So. 2d 446 (Fla. 1978); City of Pensacola v. Kirby, 47 So. 2d 533 (Fla. 1950). Arbitrary and capricious has further been defined to include acts taken with improper motive, 'This limited scope of review of the Hearing Officer is also provided for in Section 23G of the Purchasing Ordinance. While this purchasing policy was enacted after the commencement of the bidding protest, the parties have stipulated that the revised policy is substantially the same as the previous policy for purposes of bid protest procedures. 12 Packet Page -2144- 7/8/2014 16.E.14. without reason, or for a reason that is merely pretextual. City of Sweetwater v. Solo Construction Corp., 823 So. 2d 798; citing Decarion v. Monroe Counts,, 85' ) F. Supp. 1415 (S.D. Fla. 1994). Moreover, it is well established that "so long as ... a public agency acts in good faith, even though [it] may reach a conclusion on facts upon which reasonable men may differ, the courts will not generally interfere with [the agency's] judgment, even though the decision reached may appear to some persons to be erroneous." Culpepper v. Moore, 40 So. 2d 366, 370 (Fla. 1949). During their testimony, both witnesses for ABM stated emphatically that they believed the County's failure to reject ISS' bid as non- responsive was clearly "erroneous ", but their testimony failed to show that the County acted in bad faith. In the absence of bad faith, the County's actions must be upheld, even though, as in Culpepper, supra, this may be yet another instance of "a conclusion on facts upon which reasonable men may differ ". Notably, the ITB solicitation grants great deference to the County to accept the low bid proposal deemed the most advantageous to the public. In part, Section 11. Rejection and Waiver, states: _ The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. ITB, page 15. (emphasis added) In this case, although low bidder ISS erred by submitting the original Bid Schedule included in the ITB rather than the correct revised Bid Schedule provided with Addendum 2, the Procurement Strategist used the unit price ISS submitted with its Bid Schedule to "automatically populate" the bid price in the correct Bid Schedule as expressly governed by pages 11 and 12 of 13 Packet Page -2145- 7/8/2014 16.E.14. the ITB solicitation document and the Bid Schedule Addenda. In fact, regardless of whether the ISS' unit price is calculated applying the original Bid Schedule or the corrected Bid Schedule revised by Addendum 2, the ranking of qualified bidders remained the same; although ISS' bid actually increased under the formula applied using Addendum 2, ISS was still the low bidder. Based upon the vendors' bid submissions, there is no evidence that the County acted fraudulently, arbitrarily, illegally, capriciously, dishonestly, in a despotic way or in bad faith. Therefore, there is no basis to reverse the Purchasing Director's decision denying ABM's bid protest and her recommendation that the Board of County Commissioners accept ISS' low bid and award it the contract for ITB No. 13 -6113. II. ABM's Formal Written Bid Protest The Purchasing Ordinance limits ABM's formal bid protest to the five (5) grounds raised in its February 13, 2014 Form Written Bid Protest. (See Purchasing Ordinance, Section 23D, "The formal protest shall contain all arguments, facts or data supporting and advancing the protestor's position. Under no circumstances shall the protestor have the right to amend, supplement or modify its formal protest after the filing thereof. "). To the extent that ABM raised issues for the first time at the hearing that were objected to by the County, such evidence or arguments cannot serve as a basis to overturn the proposed award to low bidder ISS. During the bid protest hearing, the County interposed an objection to questions regarding whether an ITB was the proper procurement mechanism for the subject janitorial services as this issue was never raised by ABM in their written protest, as required. Ruling on this objection was reserved by the Hearing Officer at the time made. This objection is now sustained. The County's Motion to Strike, in the Alternative, is denied as moot. 14 Packet Page -2146- 7/8/2014 16. E.14. Each of ABM's grounds raised in its formal Protest is addressed below seriatim. A. ISS Made Post -Bid Material Changes to Its Price ABM's first contention in its' Bid Protest is as follows: 1. The low bidder, ISS (as well as USSI), made post -bid material changes by submitting a different price on 12/10/13 and (11/21/2013) and ISS was given an opportunity to change their responses which ABM was not afforded. ABM alleges that the County permitted low bidder ISS to make a material change to its submitted bid price on December 10, 2013. Specifically, ABM claims that ISS' original bid submittal contained pricing that resulted in a bid amount of $1,162,833.56, but that on December 10. 2013, it submitted a new higher price of $1,177,682.83. At the hearing, ABM did not present any evidence showing that ISS submitted, and the County accepted, a post -bid change to its submitted unit bid prices. Rather, it was the County that integrated ISS' bid price based on the unit price submitted in its bid submission into the correct Bid Schedule required by Addendum 2. This ministerial act of recalculating a bid submission has been the subject of case lace in other bid protests. _ In Guiding Licht Enterprises. Inc. v. Dept. of Transportation, Case No. 04- 2163BID, Div. Adm. Hear. (Slip Opinion August 25, 2004), an ITB was issued for janitorial services at two State Department of Transportation ( "DOT") office buildings. Guiding Light challenged the proposed low bid award on the grounds that DOT procurement staff recalculated the bid submissions of two vendors who submitted their bids based on a monthly price basis rather than s ABM's protest also alleges that second low bidder USSI was also permitted to make a post -bid material change to its original bid price. USSI made no such post -bid change to its price for the same explanation provided above as to ISS. 15 Packet Page -2147- 7/8/2014 16.E.14. an annual basis. Guiding Light claims that both bids should have been rejected because the submission of a monthly price constituted a post -bid material variance from the ITB. In reviewing the issue, the Administrative Law Judge ( "ALJ ") noted that it was Guiding Light's burden to establish that the proposed award was "clearly erroneous, contrary to competition, arbitrary or capricious." Slip Op. at pg. 3. The AU further noted that it was reasonable for the DOT procurement specialist to observe that the bids submitted had incorrectly reflected monthly costs rather than annual costs, so "she performed a mathematical calculation to extend the monthly prices to an annual period." Id. Further, the ALJ found that the "arithmetic extension of pricing for the two monthly bids permitted an exact comparison of the bids," the failure of the vendors to submit their bid on annual rather than monthly basis was a minor irregularity that DOT had the authority to waive and that no bidder gained any competitive advantage or benefit through DOT's correction of the irregularity. Id. at pia 4. Similar to the facts in Guiding Light, the Award Criteria on page I I of the County's ITB solicitation's instructions states: Prices will be read in public exactly as input on the electronic bid responses corm or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whatever unit pricing and price extensions are requested, the unit price shall prevail. (emphasis added) In this instance, the Procurement Strategist merely correctly applied 1SS' submitted unit price to the Addendum 2 Bid Schedule formula, which automatically calculated the bid amount. The Procurement Strategist`s action was based upon an honest exercise of the limited authority under the ITB solicitation instructions, allowed an exact comparison of the bids submitted and did not provide any bidder a competitive advantage or benefit through the correction of this minor 16 Packet Page -2148- 7/8/2014 16. E.14. irregularity. Although ABM attempted to show at the hearing that the "scope" of the ITB was changed post -bid by recalculating ISS' bid utilizing the correct Bid Schedule, the scope of the ITB was fully established in Addendum 2; which both ISS and ABM agreed to follow when they submitted their unit price bids. ABM was unable to show, how a mere recalculation by County staff, consistent with the solicitation's instructions, and which actually resulted in a higher bid price gave ISS a "substantial advantage" or any advantage at all over the other bidders. See Tropabest Foods, Inc. v. Dept. of General Services, 493 So.2d 50, 52 (Fla. 1st DCA 1986)( "[A]thhough a bid containing a material variance is unacceptable, not every deviation is unacceptable, not every deviation from the invitation to bid is material. It is only material if it gives the bidder a substantial advantage over � the other bidders and thereby restricts or stifles competition. ")(emphasis added), Therefore, in the absence of a finding of illegality, fraud, oppression or misconduct, Liberty CounjL 421 So.2d at 507, the recommended award to low bidder ISS should not be overturned. B. Post -Bid Meeting Occurred Outside the Sunshine Law ABM's second contention in its' Bid Protest is as follows: - 2. Post -Bid meetings were held outside the Sunshine without Notice or opportunity for Public Attendance and Input. ABM claims that the County violated the Florida Sunshine Law, F.S. 286.011, by engaging in a non - publicly noticed post -bid meeting with ISS. The specific Sunshine Law provision governing procurement states: 17 Packet Page -2149- 7/8/2014 16.E.14. Notwithstanding s. 119.071(1)(b), the state or any county or municipality thereof or any department or agency of the state, county, or municipality or any other public body or institution shall: (1) When opening sealed bids or the portion of any sealed bids that include the prices submitted that are received pursuant to a competitive solicitation for construction or repairs on a public building or public work open the sealed bids at a public meeting conducted in compliance with s. 286.011. (2) Announce at that meeting the name of each bidder and the price submitted in the bid. (3) Make available upon request the name of each bidder and the price submitted in the bid. F.S. § 255.0518 ABM did not assert any allegations in its bid protest that the County failed to lawfully open and announce the sealed bids at a public noticed meeting. The County admits that it met with ISS on two occasions after the bid opening to clarify the bid offering, the scope of services and to finalize the contract. The first meeting with ISS on December 19, 2013, was to clarify ISS' provision of services as authorized in the solicitations Award Criteria on page I I ("The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation." ). The second meeting held on January 17, 2014, was to commence contract negotiations to promote a seamless transition from the current vendor providing services, ABM. The County staff asserted that these meetings were not subject to the Florida open meetings law as the staff had no decision making function ... "staff merely reviews and identifies the low bid. "4 `Petitioner Exhibit 4, Correspondence from Joanna Markiewicz dated February 14, 2014, acknowledging receipt of Protest, p.3. 1$ Packet Page -2150- 7/8!2014 16.E.14. ABM argues that the Sunshine Law applied to those post -bid opening meetings by characterizing the decision to award as being the result of a "selection committee." Clearly, the county staff attending these meetings could not be described as a "selection committee" because this solicitation was a bid based on the low bid price and not on qualification criteria. Staff merely reviews and identifies the low bid and then reports the lowest responsible and responsive bidder to the Board of County Commissioners. Based on the foregoing, ABM's arguments regarding the County's failure to comply with the Sunshine Law, are without merit. C. ABM Claims That ISS Failed to Include All Costs in Its Bid ABM's third contention in its' Bid Protest is as follows: 3. The bid by ABM included costs not accounted for by the low bidder. ABM's argument on this point is two -fold. First, ABM claims that it included costs in its bid that were not accounted for by ISS. Secondly, it claims that the solicitation was unclear and could lead to misinterpretations of the ITB that could skew the contract price unfairly in favor of the lover bidders. Both of those arguments fail. When the low bidder submitted its "Vendor Submittal. — Bid Response Form ", it declared, proposed and agreed to perform in full according to its submitted unit price. It is premature and anticipatory for ABM to suggest that ISS will not be able to perform in accordance with its bid. As to ABM's argument that the ITB was unclear or ambiguous, the testimony presented by ABM at the hearing was to the contrary. The representatives of ABM clearly understood what was required of them under the ITB, but instead were concerned that many of the items of 19 Packet Page -2151- 7/8/2014 16. E.14. the ITB were unclear to ISS resulting in their lower bid. Other than the supposition of ABM, no evidence was offered to support this argument. If,, in fact, ABM had questions or concerns they needed clarified for themselves, the Solicitation provided bidders an opportunity to seek clarification or protest the terms of the solicitation, as follows: 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: w--x,w.colliergov.net/bid Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 10. Protests Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the bid or the acceptance date for the Request for Proposals. (emphasis added) Original ITB at pp. 14 -15. Further, numbered paragraph 9 of page 14 of the ITB provided an opportunity and instructions to prospective vendors on a procedure to raise any questions or concerns should they "be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions" by reporting their concerns to the Procurement Strategist before the date of bid opening. 20 Packet Page -2152- 7/8/2014 16.E.14. According to the clear language of the solicitation, ABM should have raised any concerns or filed any protest regarding the terms of specifications of the ITB prior to the opening of the bid. They choose not to do so. As a result, ABM's bid protest on the grounds that the ITB was unclear or ambiguous is untimely and is now barred.$ D. The Bid Responses Did Not Include the Expenses of Operating Fleet Vehicles to Outlying Facilities. ABM's fourth contention in its' Bid Protest is as follows: 4. The responses did not include the expense of operating a vehicle fleet to service outlying facilities. ABM's Formal Protest further argued that the ITB failed to include all the material facts necessary for the bidders to properly calculate a reasonable bid price to operate a vehicle fleet that services all the County's facilities. At the hearing, ABM offered testimony that its experience providing the janitorial services to the County led it to believe that the service could only be accomplished by operating fleet vehicles; but that evidence was countered by the fact that utilizing fleet vehicles was not a requirement of the ITB. Rather the bidders were instructed as to what facilities needed to be serviced and it was up to the individual bidders to determine the means and methods to accomplish those services. ABM`s belief in their ability to provide services which would fully meet Collier County's needs while ISS's services, as bid, would be insufficient is an opinion. The Regional Manager stated quite clearly that he was convinced Collier Countv was making a mistake in choosing ISS over ABM. Regardless, it is well established that "so long as ... a public agency acts in good faith, even though [it] may reach a 5 As noted previously, the Purchasing Ordinance also includes a deadline to protest the terms, conditions and specifications contained in a solicitation prior to bid opening. See Purchasing Ordinance at Section 238. 21 Packet Page -2153 - 7/8/2014 16.E.14. conclusion on facts upon which reasonable men may differ, the courts not generally= interfere with [the agency "s] judgment, even though the decision reached may appear to some persons to be erroneous." Culpepper v. Moore, 40 So. 2d 366, 370 (Fla. 1949). To the extent that ABM is again challenging the terms of the ITB as unclear or ambiguous, it failed to timely assert its objection consistent with the terms of the ITB and the Purchasing Ordinance, and has waived its right to protest this claim. E. A Larne Variance in ISS' Bid was Due to the AmbiLruity of Certain Scope Terms in the ITB. ABM's fifth contention in its' Bid Protest is as follows: 5. A large variance in the annual bid total by ISS was due to the ambiguity of certain scope items. This resulted in inaccurate pricing of the overall project. This final "catch -all" claim that the bidders were not provided with sufficient information to formulate an accurate bid is unfounded. During the course of the procurement process, there were pre -bid meetings, three issued addenda, and numerous opportunities to ask questions and obtain answers for clarification. At no time did ABM (or any of the other bidders) submit any objections or a timely protest to the terms of the solicitation materials. Therefore, as previously noted above, ABM's attempt to attack the terms of die solicitation at this late date has been waived. Various additional points were raised by ?.BM during the course of the hearing that were not points raised in its formal written Protest and therefore are irrelevant and ,\gill not be addressed here. 22 Packet Page -2154- 7/8/2014 16. E.14 RESOLUTION OF ISSUES 1. Whether the Invitation to Bid (`ITB ") issued by Collier County ( "County ") and the County's incorporation of ISS Facility Services, Inc.'s ( "ISS ") timely submitted bid unit prices from an earlier version of the ITB Bid Schedule, into the correct final version of the Bid Schedule, was arbitrary, capricious, illegal or fraudulent such that ISS' bid should be nullified? Neither the ITB nor the County's integration of ISS' unit prices into the correct Bid Schedule is found to be arbitrary, capricious, illegal or fraudulent and should not be nullified. 2. Whether the first lowest bid from ISS and second lowest bid from USSI should be rejected as non - responsive for failure to use the correct Bid Schedule when submitting their bids, and ABM, as the third lowest bid, should be reported to the Collier County Board of County Commissioners as the responsible and responsive vendor submitting the lowest responsive bid? Because the pivotal factor in determining the lowest bid was the unit price, the use of the incorrect Bid Schedule by ISS and USSI was a minor irregularity and does not justify the conclusion that their bids were non- responsive nor result in a determination that ABM is the responsible and responsive vendor submitting the lowest responsive bid. 3. Whether ABM's bid protest should be denied and. ISS" low bid be upheld and reported to the Board of County Commissioners for award of a contract under ITB No. _13 -6113 as the responsible and responsive vendor submitting the lowest responsive bid? ABM's formal Protest should be denied and ISS' low bid should be upheld and reported to the Board of County Commissioners for its consideration to award ISS the contract for janitorial services. 23 Packet Page -2155- 7/8/2014 16.E.14. RECOMMENDATION Having reviewed the records, transcripts, audio CDs, exhibits and documents submitted by the parties, having heard the testimony presented and the arguments offered by the parties in their Bench Briefs, it is the recommendation of the undersigned Hearing Officer that the Formal Written Protest filed by ABM Janitorial Services Southwest, LLC be denied on the ground that neither ITB No. 13 -6113 nor the County's actions in connection with the solicitation of that procurement were arbitrary, capricious, illegal or fraudulent and that, in accordance with the Purchasing Ordinance and the ITB, the low bid of ISS Facility Services, Inc. be upheld and reported to the Board of County Commissioners for its final consideration to award a contract for the janitorial services for Collier County. DONE AND ORDERED on this t day of J "tIC , 2414, at Naples, Collier County, Florida. A—re caring Officer Conformed Copies to: Dirk M. Smits, Esq., Counsel for Petitioner Theron Simmons, Esq., Counsel for Petitioner Kevin L. Noell, Assistant County Attorney Scott R. Teach, Deputy County Attorney 24 Packet Page -2156- 1- m r*l IT Ln M .. N C i Cu O C "O 'N N(O N O 'E N O O N u w O Z l7 O N N Cu Do D u W H C O � .z O A .J 7 _ a 'O 0 ' ..a ri m N M N N .j Ol Q' kt 3 D to O N C O C Z m E O m w Q c c 2 E u v N u O O D_ 0. O_ O m o m m � m 0 1 N p 0 N 0 i--I 0 c-I � d � vi L Cu O N Z E o m C I N a m` ai Cu m m a -o c c Cu Cu Q. a 00 Packet Page -2157- 7/8/2014 16.E.14. e-i 0 1, O 1-1 1-1 Il O O O O O � O O v V o V a Oj O M U) 00 N N N O N N N N N N N O iA (D lD > > > C > T > > > > > U) � � to vt O O O O t\ to r, W V) LDD N 1-4 lz M p N N N N N N N N N N N Q 111 O M - t/} M V M l!1 w > N T N T O C w T w T O/ >> w O1 T w T> N p ti ri a6 v� an N N O N C Ln N Ln lD m C p 0O Cl 01 O tn M � 1C !f eP N N N O N N N N N N N C f0 E Q i/? +T' 00) O 001 001 C O l0 lD N O Cu N O Cu O1 Cu Cu O) N O (n 14 Q n {n N O N N o a v a O n C o ,-i-1 u1 Ln 1-1 tD L m O - O1 M N Cu O! N Cu N N Cu 61 CJ Ol Cu Q - lA 01 N O M > > > > > T > > > > > to V} t/} Co Q N w -.D 01 V M a Cl N O N O lD 1-1 lD N N N N N N N N N N N N 0 ti I 01 >> T> > >> T T T> D l? N N r to V} N v 1- O M M '-1 N lD O0 O M M N N O ^ ^ d l U / N O U 1 U 1 N w N N N 'I ti - in in " vti O1 Cr O N C 0 Cu N a Q + U N � � C N u IO O C u a E rn C 0 ` m E Ln I- a C 00 m C F J C C C E E E O �__ y0 '°°_ >EEE EEE��� C CL .0 c° O Y s s s s r r C C C o > H L u u u u u u N N O/ CD aNi •� u D x Y y- :° y -' a -'o 'o c a a- m W a a a a a a a a a m ar � r14 r-4 c J O_ O m o m m � m 0 1 N p 0 N 0 i--I 0 c-I � d � vi L Cu O N Z E o m C I N a m` ai Cu m m a -o c c Cu Cu Q. a 00 Packet Page -2157- 7/8/2014 16.E.14. e-i 0 7/8/2014 16.E.14. A G RE E ME NT13-6113 for Janitorial Services THIS AGREEMENT, made and entered into on this day of 2014, by and between ISS Facility Services, Inc., authorized to do business in the State of Florida, whose business address is 2739 US Hwy 19, Suite 422, Holiday, Florida, 34691, (the "Contractor ") and Collier County, a political subdivision of the State of Florida, (the "County "): WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on March 1, 2014 and terminating one (1) year from that date. 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 periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Contractor shall perform County wide janitorial services in accordance with the terms and conditions of Bid #13 -6113 - Janitorial Services, the Contractor's proposal and Exhibit B, referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Ordinance and Procedures in effect at the time such services are authorized. 4. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement based on the unit prices set forth in Exhibit A attached hereto and made a part hereof, subject to Change Orders as approved in advance by the County. Payment will be made upon receipt of a proper invoice and upon approval by the Facilities Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 4.1 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 contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of Page 1 of 8 Packet Page -2158- 7/8/2014 16.E.14. "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under 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. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: ISS Facility Services, Inc. 2739 US Hwy 19, Suite 422 Holiday, Florida 34691 Attention: Jim Williams, Managing Director Telephone: 727 - 943 -3910 Facsimile: 727- 943 -3911 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing & General Services Director Telephone: 239- 252 -8975 Facsimile: 239 - 252 -6480 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. 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 Page 2 of 8 Packet Page -2159- c,� 7/8/2014 16.E.14. with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 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 contract 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 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 Contract 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. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. 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. Page 3 of 8 Packet Page -2160- c9 7/8/2014 16.E.14. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. 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 ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) 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 he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall 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 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. Page 4 of 8 Packet Page -2161- �`� 7/8/2014 16.E.14. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Department. 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 CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Performance and Payment Bonds, Bid #13 -6113 - Janitorial Services - addendum 2, Detailed Scope of work, Exhibit A of this contract, Exhibit B of this contract and Addenda 1, 2 and 3. 17. 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. 18. 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, 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, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 19. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of 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. 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. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. 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. Page 5 of 8 Packet Page -2162- 7/8/2014 16.E.14. 22. ADDITIONAL ITEMSISERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance and Procedures. 23. 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. 24. 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 or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. 25. KEY PERSONNELIPROJECT STAFFING: The Contractor's personnel and management to be utilized for this project 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 contract. The Contractor shall assign at a minimum of three (3) total supervisors; two (2) daytime and one (1) night time. The Contractor shall also staff as many people necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule, The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 26. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents. 27. 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 Page 6 of 8 Packet Page -2163- cq 7/8/2014 16.E.14. 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 7 of 8 Packet Page -2164- S 7/8/2014 16.E.14. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: Dated: (SEAL) First Witness TType /print witness nameT Second Witness TType /print witness nameT Approved as to Form and Legality: Assistant County Attorney Print Name Tom Henning, Chairman ISS Facility Services, Inc. Contractor Signature Type/ print signature and title Page 8 of 8 Packet Page -2165- U) U a) cn Q .M �_ O x f0 W --j 1 M r C'7 r ck r' Cl et 0) 7/8/2014 16.E.14. W th IO O a m V V N m m m N N N W W m N W W N r M r M V M V W n r M n O W W V V N m W M W O N W V m O O V m m M W M n m m N W r W M r W V W V n n n1 pi n to m W W m V M ICl W G N W V W V V n N V V l0 W h W W n� N N m M N V W m CD W n W W V W CO N M Ch m IO r V NNMON�W O M m O W O n V N t0 N V �r r O V In W N M W mnhr N W 01 0 V V 01 O N NNrul O ICl 0 M .-M W M N V N 69 V3 N 1A f9 lf1 V Vl f9 n 69 C9 4) fR tl3 to IFT tl9 f9 g fA to V3 t9 Vi 19 to to H N IR w V! H Vi W C Q � �'I V mO OO1001 WNm V rQ rV M N nN Ii NM W c O W W ? r10N W Nhh V W OnNM hl V OhORh m WOOD I IIIMNhrM I a 00 L N C O NlD n N mO M W MNN1 N N W W T I O O O W W M �mOWNmnMMm� O M M M W M n N W W M O M V m Nvi n M t7 N r u7 O m tpn M r OY'1 M m O:i M V ��V�VM V) -0 N to Cp fA V V wrR r(ymM U9 MN)fH V rnW FA lA CAr V uiwwwwwwwwwrrtRw f9 V MN rV Mm Vf V rro9 V! d 0 n m o m W M V 0 O M W N d. O l n M V N M O N M N M O m O W too m m M n W N N 0 W m V V m m N W W W r n M m m m m N V M N m hn hmn oV m_ mnrNmn W NMI-h. W f�Oln O W m W NN V' V! o y4Y y W W W m 0 W v�N O O O V W�nO N�100� h W mnlO h mOiOr MM Mm WaiO N W nO M NMN m W'-F �rN NnrMrrMM Vs M N L' T y M M M M M M M M M M M M M h M M M M M M M M M M M M M M M M M M M M y0 }� J+ mCDo'D N O W M n W N V OM W V V M V n . V O M V o M mNO m W m N O N N W M M N N mn M N W ONn m m 0 In W O M R Q mm W N • W IOMMa! (7 0rin nt, l mm Or OWCVV N IOnr V In OOM O' a0 CV NM 'R lU O N (D tV Il) O Oi O CV C w m m m O o MNMN �MM nrM rul lnrrMNr •-M N V V y N rv�vg$�gvv mEco 0 00 gvvvvvvZooc 00000000000000000000000 aaavvcavve•ca c1 p p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d m IO W on W M IO W W M m M W M W V W V O n co 010 M O M 'Di" N O W T M M m m W o n 0 '- m O m CV M m O at W I O W 'Q N m n N W r W N n IO IO M 10 m O 0 V O m N V W N O N^ W r I n V 0 0 W r W 10 V O n M r O N V n R tp 7 W n OIO W nO>rm h W W W r nN W N V NnNnm r N V MMNn C, V M m NNr N cr w co W - n i v m m m N N tO N 'N •W 10 •N 'm •N N l�0 "p d 'N N C O m v m a F cl co O E F F w` 4) W to .? 'a E E y m d m m C9 m w r' m L E z m N CO tO E E CO tO E E WO W E E tO N E E N !O E E N lO E E m N Em—> m fO t0 E E�� O m " = c� an •- m menu) W m iu , �'y t0 c o y >,0e Q N W F-�-FF W CO CO CO Fh N CO M WO tO N E N O W "> c m N •„m, O ,I,,Q "_° d F O .. S C O •o > -L O ro LiuiuiuiuiuiuiuiuiuiuiuiUui0 F r Nuiuim�Emm I-F-� c_ E c v mmWrmUui w O S. �m 76 E E .o Mr mnmMMlO �F-F-F- u•, Inn ul o� Ino W oln>Z'oca'V5, -t5 `m .a orm MMNMM N M N N,7; (7 MMO MM MM O m mMtOO Ol ml07 NNmOMM V Or W nn Or me-OM W n0 W M I) `V 'V'Wm0 O Q M M M M M M M M M M M M N M n N M M M r N M V n m r r U1 N N N Q V r G O U U U U U U U U U U U U U U U _ a V m m m m m m m m m m m m m m m m m m m m m m= U U U U U U U W m M W fn W m m CO W m m O J L U 0 N > C U) Q o` _ O O O U N U � ° W 'G au O .y.. m .m U dO LL t rn Nm 'C Cp C "O Y r N m m U y` N C] y yy11 O U L c 'C —�'a O E W �F cu)w)u) "Emva LL Fo . m= mDLL CAS�YJ�S� _m vo [0 Y, m'cm hQ alcp C.� rN UU> v C m a) F IO- C m��mm -VI mtn_ (U m 4) ��m d W 3 W C C C C C C C C C C C Y N y m (` . LL F a c, C C C c O Ci t0 Z 'C L 'a Y W a: N Z N V :v --o as a v-o p'oa o V �UF EPvv p m•�� � p �m o O U O��u) m mmmmmmmm mm� mm UoommiL UpZ2w EW >cUi�U?cUiU U U > > U U > > U U > > U U > > U U > > U U > > m m 0 0 m m 0 0 m m 0 o mm m o m mu u m m y u a� m o m m o m m m m u o u m u m m u m W m � v co CO a co co W> v m m W y W co u u It Ft 00 00000000000000000000����Pa��9�� E SG is � � fE .0 v c) v cl a a a Q. n. amaa.aaa. 7t m r N M V W m n W m O r N M V M m h m m O r N M V N t0 h m m 0 •- N M V �aaa -71 FlF- ;1 7/8/2014 16.E.14. V W O Mm m n mm m IA V m W OMm N n W N OMmm m O V d. rd:M ON W h W mO V M VIn W to Mm 0 m W V m NmInM N n O m NU) M Io W m M U) V IAN N m rd: U1 f� V V M a O M (hmM W m; V h 00MIA V N IO U rID n V V rNn m:;:;: rmNetm IA V M m V m W N n m W W O aO m W U) W M W W -or- rhrM W W NU)N W nM W V Nhm M W �Omrmm n N1- W M W U)OmO W M W MIA m W N n MU) M m V m Mi 2 W W Mm mMN V Nhim Om U)nmmin W mOMnn V wU ntnO 00 V' W V V Nn W V O W m hnN V C I OMw hh V U)N_O - mM. N W -m�7 V m V NW OmC n W MUN r+-ON W mmmmV (DrONU]O W IAM V O�V nr W M hnmh V NMO W ON N V m WNW V OfAMMO b9 N W U1MOOmd)O Nm N C; UM 4 M Ld �r NIf. v N dV j d! d3 o dd V di 63 fR V ) N 69 fA (R m 0 U) n V W r (O N n m M (D n (O m U1 W N m m n M m O r W O m N O M V O V M m m N V V (n M W h n W r O m O O m O M N m V W O W W m W N U 1 V O l A M V m m N W W N W m m m N m r m U1 m i n h (O ( 0 V N I A O U) (D O N M W V N m O W N W V r M N M U'1 N IA O W m W W 1 n m W n V O W M N N W M N mM co Mm (n h0ol t, Oi U)m V V MN W W V W V W O m V (V t0 V MNM mNU) m W oin W m(O m(OOn Q�NI(1m QUO. -GN OM m M MU)n Ui V m M di (fl V m r d) M N W r (A d) r d3 d) n M U) M M d} di N W .- W dj d) N N N h di d) 0 0 IO r W d) di N N N « M d) d) M m n M .- d3 dt O M M (A d3 O V h m d3 fR W N N d3 FA N U) N d3 di n W V 0 IA d� N U) M fR (9 m W O fA d) m N M V (A W n r N di r 69 V M Vi d} M O r M dt d) O m m EA (9 M W dt dt din n d) N m 0 tl9 r bt N V fA di M W d3 d) O h O d) di 69 W d3 N h df O W d3 V d3 M M 69 W W V N di Cfl W m M h di (9 0 N r N 49 (A r N r d3 (R 0 V d) dt h h 0 M m U J r 0 r' n O m U) m V 0 O N N V I A N m V O N N W O n W W h N IUIJ h M M In n m W m W M IV I'1 I O '1 W N h W N N O V V M M W m h W n m M U) V m W ' ^NO O N m n M N m N M M M N V'W M W �, N n M N W W N U) O O M M m Unwmm U) O NM Ir A W i VN �n W r MM ON O (ON W m O m V O O r W W O O mm UN ) h N(o mc 6V NV N V m0 m N W N N W 6 U) W hm UhM ) m M m Urm W dW , N N mO! M M V m N N h W N m m M b r W m h W m M 7 ON W o W rr (ON D NI' N rM Ih Vr m V O M N n W O W Om �• dW MW ; NW UM O ) N W W W V V C V W r N V M W O W r O UN N n V h m r ) M N m V N m0 N M n N N r N r rO , N N V h V N N r W V W U7 IO U) V h W M M M M M M M U) M M M M M M M M M M I-1-1- M M M M M M M M M M M M n h h W M W m n n n n n W n h M M n n W h n n W W n h n M M m N mO U7 N W II W V W N NI� r OU r M O n MIV M m N h O N mUIA ) mm IO hm N 1V O ) U) W r r O m V OI() W V mUm N N r m m W U) M W m V M M mm m m m '0 0 M V W V Mm N O M O W V W O W V M V V mO m W N n M r_ V O M u7 V M Um J N V m V V N n N m M V U) M N W V M N -1-MN N m V N r M V --.N M m r N M V "M m N r r N OD N M O W r 0 N 0 m N m W r r 0 r M 0 IA m M O W M n n n n h n n h n 1� h n n n n h n n n nl�n n n n n n n h n h n n n n n n n n h h h n n h n n n n n n n h h n n n h n n n n n n n n n n n n n h vaeocvvvvvvvvvavvvvv. td 'vvvvvvvavavvvvvvvvervovvv00 OC 0� o 0 000 0 0� vv o o� e o c�ic4i vavavvvcv 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o d o 0 0 0 0 0 0 0 0 o d o 0 0 0 0 0 0 0 0 0 o c o 0 0 0 0 0 0 0 0 0 0 0 o d o o c n IO10 M O O O n O N n 0 MI O V h V U) N O W 0 0 O r 0 W n n O O O N O W O h N W 0 n m 0 0 O O 0 W m h O O W N C, W N O M N Ul O O N O n O h m O N 0 m U) V W 0 n O 0 W W N M V W V O r m n M O 0 0 0 0 0 0 m W W M U) I O M n m M N C O m O N W O m V O m O O N O m O N n h M U m ) W O O n U M n W U W W n V M N h N o m M 0 W O W M V N m N m W M (O M h W U1 n r n r M M W M N W O n r W O r N '1 M 0 W r n M N W M r V r V N W O N W M O N h t,:,6 N N U] n O n m m W V O M M N N n m r CC Q) @ _ N m � wD m m m o v -mNr O O m m 0 0 0 � m Lu co a o ' L L m cc 0 0 > m a X YO a' ? m 0 m 0 C U N m J E m mCo �� a>mN am m > OC N > U-m Q C (v m m m c U L Fm � m m m a m c 0 0 (n Y c p N `m > cm m i O E - O . CD j y = r b m m_ .W mOm u �Um ° mm LN > u! cmL mn � E C 'oU m _p ELa- o uOOmm > >omm W N >O vjZ O O OW W rm mNm Z Q �N3u�N ¢1(i � 0M> pmm O a M00 � JU OC 00 r 000 Z O W - W NO> W UM 'Y n N M n V MN (on O co OLO MM O m V N m0 m W IA O N O h.'� 0m 0 O O(C N W ] O W Or- O M .to V W m m O.L_ NW O r 0 N V� 0 C M N m c N m m V M MM0M O N N UV W V MU)m M N N U1 d W N N 0 0 0 0 N y y _ 0 0 0 m N m m N N N N N N N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y .Y @ @ @@ m m @ @@ m U m m U U m m U U m m U U m U D ^2 U U «L C U - 5_ �_ m _ N m - -_ - -_ " -_ - - -_ - -_- - -_ _ ._ - �_ ._ ._. '- _ ._ ._ (0 (0 a a m @ s U. @ N O. O. @ IO O. O. @ @ O. O_ @ @ d d @ [0 O. O. @ @ O. a @ @ d a. lV IO a o_ N l0 a a @ (0 a a @ 19 a LL (0 10 o_ a 10 (0 n. a J J J J J J J J J O O O O O O O O ¢ a¢_ M _= 7= O == O O O E 00 in m cx N U O O 7 p -5 p 3 O C m UOUmv U_ C m N C C m EC m =_ =�'u y (�Y E mEEoYmE N m E V( N !/) C E m E M UI X m C m m U w ,CD o 'm m a to LL LL Vp N C m y o Q Vim` m a . d. 0 0 o O` a a 0 0 D pUd0mmd °- n'cU� N DO O LL E « m ca E o m m E �EEEEa E E v U m acmmaf m� 9> me t E�oEm'm E E LL E E n -a�° c m U U m c m� (/1 c7 cam C S N nmmL'cma� m N m« o p Y (��Eu"���UcUID m m o m m O o m rr rl! W J N l0 (0 m ... d L j J 0 m m >> C U y ._ Z X E m L W C OO pi S m m O 'C O 'C D p N m tl1 m >> m U U m U C m m m �i m m W c C C m U C O m O. Y O m (6 LL m J O m E E ,( E m m Q' Y Y L U m m E m a: t ❑. Y L (0 m O m Y �C.. U O O 'O E W E N m .0 U Y M U m O d' J L J m- J n J .d rn J- W N C� 0 0> U! (IJ O m U) C O Q �p m C .� C m m m O m LL 4i Q .� ' Q .- 7 O'O pl m d- LL N V U U U = m U m LL U` Y Y 'C E - p O a U m L p m n an d m E L O (� U L m U 7 LL LL U IL J Y O O C a m !n U U C N N N J f0 ... O J C m m m l9 p mY ._ .� m Ul m _ U U U C m W S.. C C +' "O c �- U L C O ._ O C m m m Q� (n m C m m _ C m J C m 7 m m N .+= .-• _= m = U m m- C Q' ._ m at U N m (6 Y m p Q. Ero J U N m m N L m m m m m« m m U m N m m C m m O 815-222 L_ N- �p m m m LL m m m m m U) m �i m N N m ro C9� C �, -C9 N m C O mC7 c 0- U U m c y m= c m- V m mom y LL U a7 m - m ro> C E p V .� my - m m -vm m m mm N o U p U m;... � -� m (�. mm U C @ (n >i mLL J C >+ E u, D c In� m m «maU o Cp -p _ (p m o E° C p op. W U C7 W C C7(� C C E 032-1 C Y C U N m m p m L m m L O L O p '� .O Y O a N C O- Y- O N O N L •_ U •C -- U m m m mZ m m «. m m LD 0 U_ (� m S L p O ( ." U '= m r m m L U7 m •oav�EE m m 'D O m O O m a O m m z wC� o m >S E- m E(.7 °ro3�- o m =(n o o C7wz .cEmoUE�m01mEa� m o E E EU,� o �C�C9K D o E�'Uw�w a x m> > �wZ�O.(n m m o oc�.o 0 0 Z(n 0 0 Z a 3 m- a. Z� Z m m Z 5 ro o win m z m M o w 05 Xp= m o 0md m ccncr >C7 >rui�F- ZZC?C�C71i m o 0 o E - E> -(n m o N (n m m m m m w w m m u > m (A o a > W W o p > > W W o o > > W W u u W W u a W W u u > m W u o > > 6 m 0 0 > > W m 0 0 > > W w o u > W W o > m W > M m Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y > Y > > @ @ @ @ @ @ @ @@ U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U V U a. amEas `m m `m W m `m O.dE `m mm `mm E0_O.LLaLL `m mmm U U U @ ro @ @@ ro n. cL m m a. JJJJJJJ,J� 000 O O O O Oa> j >> j �> j �� �n �a �a =a.°a.o �LLa aaaaaao. o. m o. a a a a. a s n. o. a a a Q. o. m m a a a as o. (L a vn (p t� W 01 O � N M R Iti t0 I� QJ O 4;H+ N (D (O UJ n ID r m OI m O m O! m QI m r r r r r r e r r r r r r r .- D�,I, -+ D,RO _79 C.7_ I ale ti T T N N C O d N G • F. T N r PacketPage -2168- 7/8/2014 16.E.14. 9' Exhibit B Additional Scope Trash Removal 7/8/2014 16.E.14. On all service days, upon completion of service in the Government Center Complex, trash must be taken from each individual buildings to the trash compactor located behind the Collier County Jail (Building J). Scheduling, Employee Work Hours and Wages The cleaning of the following locations shall not observe the County Holiday schedule. These facilities shall be cleaned according to their normal schedule at all times. 1. All Sheriff Substations 2. Criminal Investigation Division (CID) 3. Sheriff's office (CCSO) Fleet 4. All beach restrooms 5. All general Park facilities 6. 911 Call Center in the ESC building Packet Page -2169- cA