Agenda 05/26/2020 Item #16C 3 (Terminate Contract #18-7455 w/Gator Drain & Plumbing)05/26/2020
EXECUTIVE SUMMARY
Recommendation to terminate Agreement # 18-7455 with Gator Drain and Plumbing, LLC, for
convenience, leaving the secondary vendor, BC Plumbing Service of Southwest Florida, Inc., as the
primary remaining vendor for plumbing services under the agreement.
OBJECTIVE: To obtain the Board’s approval to terminate Agreement # 18-7455 with Gator Drain and
Plumbing, LLC (“Gator Drain”), for convenience.
CONSIDERATION: On February 12, 2019 (Agenda Item 16.C), the Board approved Agreement #18-
7455 (the “Agreement”), awarding Gator Drain, as the primary vendor, and BC Plumbing Services of
Southwest Florida, Inc. (“BC Plumbing”), as the secondary vendor. Per the scope of services under the
Agreement, requests for service are as follows:
Urgent services
The primary contractor shall be contacted by the Facilities Manager, designee or County
staff and provide a scope of work and Purchase Order (or Blanket Purchase order). The
contractor shall be on- site within sixty (60) minutes for all locations in the Naples and
Marco area. The response time for the Immokalee and Everglades City area shall be
within ninety (90) minutes. If the primary contractor is unwilling or unable to arrive in
the required time frames, the contractor will be deemed non-responsive and the County
shall move to the next vendor on contract.
Non-urgent services
The County will contact the Primary Contractor when Work is to be performed, which
will afford the Contractor the opportunity to coordinate a mutually agreeable time to
commence the Work. The Contractor shall have one (1) business days to respond that
they are willing and able to complete the Work in the required time frame. If the Primary
Contractor is unwilling or unable to perform the Work in the required amount of time, the
County can deem the Primary Contractor non-responsive, and move on to the next vendor
on contract.
On March 16, 2020, Gator Drain notified the County that it was no longer interested in providing services
to the County under the Agreement. Among the reasons Gator Drain provided includes, among other
things that, “the minimal and inconsistent amount of work that has been assigned over the last few
months to Gator Drain and Plumbing is not profitable for us to continue accepting work.” In addition, on
several occasions between July 2019 and March 2020, Gator Drain was unresponsive to service requests
and Facilities had to move to the secondary vendor, BC Plumbing, for services. That work history has
been documented by Facilities Management in the Vendor Evaluation system. Because Facilities
Management oversees the County’s over 930 buildings and structures and is responsible for providing
prompt and reliable plumbing services, it is imperative that vendors are responsive per the Agreement’s
specifications.
Article 10 - Termination of the Agreement allows for the County to terminate the contract for
convenience upon providing thirty (30) days written notice. Facilities Management prepared the attached
termination letter notifying Gator Drain of this termination effective within 30 days, subject to the
Board’s direction approving termination of the agreement. Based on Gator Drain’s March 16 th notice, the
County has communicated to Gator Drain that the County will utilize the services of the secondary vendor
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05/26/2020
for urgent work pending termination.
FISCAL IMPACT: There is no fiscal impact from this action as we will terminate before any amounts
are due.
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
item.
RECOMMENDATION: That the Board approves the termination for convenience of Agreement # 18-
7455 with Gator Drain and Plumbing LLC, and authorize the County Manager or his designee to sign and
direct the termination letter to the vendor, and that the County continue to utilize the secondary contractor
for urgent work after this termination.
Prepared By: Kathleen Sibert, Operations Analyst, Facilities Management Division
ATTACHMENT(S)
1. Notice to Terminate - 30 day letter 042720 final (PDF)
2. 18-7455 GatorDrain&Plumbing_Contract (PDF)
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05/26/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3
Doc ID: 12291
Item Summary: Recommendation to terminate Agreement # 18-7455 with Gator Drain and
Plumbing, LLC, for convenience, leaving the secondary vendor, BC Plumbing Service of Southwest
Florida, Inc., as the primary remaining vendor for plumbing services under the agreement.
Meeting Date: 05/26/2020
Prepared by:
Title: – Facilities Management
Name: Kathleen Sibert
04/28/2020 2:21 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
04/28/2020 2:21 PM
Approved By:
Review:
Public Utilities Operations Support Donna Deeter Additional Reviewer Completed 04/28/2020 2:51 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 04/28/2020 3:05 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 04/28/2020 3:56 PM
Procurement Services Sue Zimmerman Additional Reviewer Completed 04/28/2020 4:13 PM
Facilities Management Damon Grant Director - Facilities Completed 04/28/2020 7:03 PM
Procurement Services Sandra Herrera Additional Reviewer Completed 04/29/2020 2:25 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 04/30/2020 8:03 AM
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 04/30/2020 1:20 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 05/01/2020 10:39 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 05/01/2020 5:40 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 05/03/2020 10:21 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/04/2020 8:16 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/04/2020 8:18 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/04/2020 11:54 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/18/2020 9:18 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/26/2020 9:00 AM
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May 26, 2020
Gator Drain and Plumbing LLC
Attn: Robyn Jennings
815 SW 47th Street
Cape Coral, FL 33904
Via Email: gatordrainandplumbing@gmail.com
RE: Contract # 18-7455 “Plumbing Contractors” (the “Agreement”)
Notice to Terminate for Convenience
Dear Ms. Jennings:
This letter will serve as a 30-day Notice to Terminate for Convenience the above-reference award,
pursuant to Section 10 of the Agreement, which states:
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.
The termination will be presented to the Board of County Commissioners at the May 26, 2020
meeting with an effective date of June 26, 2020.
Should you have any questions regarding this termination notice, please contact me at (239) 252-
8034.
Respectfully,
Sue Zimmerman, CPM
Procurement Manager - Contracts
c: Damon Grant, Facilities Management Director
Sandra Herrera, Procurement Director
Cat Bigelow, Procurement Operations Manager
16.C.3.a
Packet Pg. 457 Attachment: Notice to Terminate - 30 day letter 042720 final (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 458Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 459Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 460Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 461Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 462Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 463Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 464Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 465Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 466Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 467Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 468Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 469Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 470Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 471Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 472Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 473Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 474Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 475Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 476Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 477Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and
16.C.3.bPacket Pg. 478Attachment: 18-7455 GatorDrain&Plumbing_Contract (12291 : Recommendation to terminate Agreement # 18-7455 with Gator Drain and