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From:To:Cc:Subject:Date:Attachments:Jim MikacichPlunkett, Randall; Clark, JhennelleBYRD, CARLA; Shareen Murray; Randy Abril; Katy Caouette; Courtney Wright; Don TooleRE: Broward County Request to Flagship Airport Services, Inc. for Additional Information; re: RFP No. BLD2117566P1, Janitorial Services for FLLThursday, May 02, 2019 2:51:59 PMimage005.pngFlagship response to Confidential Requests FLL BLD2117566P1 5-2-2019.pdfFlagship Attachment Sepro Corp v Florida Dept of Environmental Protection.pdfExternal Email: Do not reply, click links, or open attachments unless you recognize the sender's email address as legitimate and know the content is safe.Please find our response attached. Appreciate your assistance with this item.Thanks, JimJames M. MikacichNVP, Aviation SalesFlagship Airport Services, Inc.NVP, SalesFlagship Facility Services, Inc.JMM@flagshipinc.comMobile 408-569-6218Office 408-975-7521This message and any included attachments are from Flagship and are intended only for the addressee(s). The information contained herein may include trade secrets or privileged or otherwise confidential information. Unauthorizedreview, forwarding, printing, copying, distributing, or using such information is strictly prohibited and may be unlawful. If you received this message in error, or have reason to believe you are not authorized to receive it, please promptlydelete this message and notify the sender by e-mail.From: Plunkett, Randall RPLUNKETT@broward.org Sent: Thursday, May 02, 2019 9:20 AMTo: Jim Mikacich JMikacich@flagshipinc.com ; Clark, Jhennelle JHCLARK@broward.org Cc: BYRD, CARLA CBYRD@broward.org ; Shareen Murray SMurray@flagshipinc.com ; Randy Abril rabril@flagshipinc.com ; Katy Caouette kcaouette@flagshipinc.com ; Courtney Wright cwright@flagshipinc.com ; Don Toole dtoole@flagshipinc.com Subject: Broward County Request to Flagship Airport Services, Inc. for Additional Information; re: RFP No. BLD2117566P1, Janitorial Services for FLLThis message originated from outside your organizationGood Afternoon Mr. Mikacich,Thank you for the response. We are in receipt of all requested documents. As to the provided financial information, I have submitted to our financial section for review. These documents had “Confidential” listed in the header but didnot reference a Florida State Statute allowing for exemption from Public Records. Please review and provide the applicable Florida State Statute that allows for the exemption from Public Records as required in Section L of theStandard Instructions to Vendors of RFP No. BLD211l7566P1 and cited below or provide a letter waiving the request for confidentiality. Your response is requested no later than 3:00PM EST today. Thank you for your assistance.Randy Plunkett, Purchasing Agent Sr.Purchasing Division115 S. Andrews Avenue, Fort Lauderdale, FL 33301Office: (954) 357-6630; Cell (954) 790-3239Fax: (954) 357-8290www.broward.orgCustomer Care is my priority. How am I doing? Please contact my Manager, Carla Byrd, at cbyrd@broward.org with feedback.Broward County provides electronic bidding services for our vendors through BidSync. Please register your company with BidSync in order to participate in future bidding opportunities, the free registration process will take less than five minutes. Ifyou are already registered with BidSync, log in to BidSync to update your vendor profile to include Broward County as one of your agencies for solicitation notification.From: Jim Mikacich JMikacich@flagshipinc.com Sent: Tuesday, April 30, 2019 8:09 PMTo: Clark, Jhennelle JHCLARK@broward.org Cc: Plunkett, Randall RPLUNKETT@broward.org ; BYRD, CARLA CBYRD@broward.org ; Shareen Murray SMurray@flagshipinc.com ; Randy Abril rabril@flagshipinc.com ; Katy Caouette kcaouette@flagshipinc.com ; CourtneyWright cwright@flagshipinc.com ; Don Toole dtoole@flagshipinc.com Subject: RE: Broward County Request to Flagship Airport Services, Inc. for Additional Information; re: RFP No. BLD2117566P1, Janitorial Services for FLLExternal Email: Do not reply, click links, or open attachments unless yourecognize the sender's email address as legitimate and know the content is safe.Thank you for reaching out. We believe we complies with all of these items, please find our submitted information with a more recent financial statement.1. Pursuant to Standard Instructions to Vendorsa. In accordance with Section B, Responsibility Criteria, Subsection 2, Financial Information, provide recent 2 years financial statements (Balance Sheets, Income Statements, Annual Reports or TaxReturns or SEC Filings) and any claim of confidentiality, if appropriate. – We did submit our 2016-2017 statement information with our response, however, we have received our 2018 information and,thus, we have attached here our 2017-2018 Financial Statement information.2. Vendor Questionnaire (attached) was submitted and needs further clarification.a. Question No. 14 regarding debarred or suspended principals, officers or predecessor organization(s) was answered “Yes”. Provide specific details in a written response. – We did provide theattached explanation with our response and it is attached here. Please let us know if you would like more information?3. Subcontractor/Subconsultant/Supplier Requirement Form was incomplete. Complete the attached clean copy and return. Be sure to include only vendors who are not CBE certified. – We didprovide the attached Sub Form that we checked and printed out today from the BidSync Submission Platform, see attached. In addition, we also provided the ‘clean copy’ you requested and attached that aswell.We hope these items satisfy any out-standing items, we will check in Wed. am for your reception of these items. Thank you again forThanks, JimJames M. MikacichNVP, Aviation SalesFlagship Airport Services, Inc.NVP, SalesFlagship Facility Services, Inc.JMM@flagshipinc.comMobile 408-569-6218Office 408-975-7521

This message and any included attachments are from Flagship and are intended only for the addressee(s). The information contained herein may include trade secrets or privileged or otherwise confidential information.Unauthorized review, forwarding, printing, copying, distributing, or using such information is strictly prohibited and may be unlawful. If you received this message in error, or have reason to believe you are not authorized toreceive it, please promptly delete this message and notify the sender by e-mail.From: Clark, Jhennelle JHCLARK@broward.org Sent: Tuesday, April 30, 2019 3:08 PMTo: Jim Mikacich JMikacich@flagshipinc.com Cc: Plunkett, Randall RPLUNKETT@broward.org ; BYRD, CARLA CBYRD@broward.org Subject: Broward County Request to Flagship Airport Services, Inc. for Additional Information; re: RFP No. BLD2117566P1, Janitorial Services for FLLThis message originated from outside your organizationMr. Mikacich,Thank you for your response to Request for Proposals No. BLD2117566P1 for Janitorial Services at FLL (Group 2-Terminals 1 thru 4, AOCC). Upon review of your response, the issue provided below need to beaddressed before your firm can be given further consideration. For any attached forms for completion, complete by clicking on the “Add Text Comment” button and then typing your information into the form, initial,date and return.1. Pursuant to Standard Instructions to Vendorsa. In accordance with Section B, Responsibility Criteria, Subsection 2, Financial Information, provide recent 2 years financial statements (Balance Sheets, Income Statements, Annual Reports or TaxReturns or SEC Filings) and any claim of confidentiality, if appropriate.2. Vendor Questionnaire (attached) was submitted and needs further clarification.a. Question No. 14 regarding debarred or suspended principals, officers or predecessor organization(s) was answered “Yes”. Provide specific details in a written response.3. Subcontractor/Subconsultant/Supplier Requirement Form was incomplete. Complete the attached clean copy and return. Be sure to include only vendors who are not CBE certified.Please provide by email the above no later than tomorrow, May 1, 2019 at 11:00AM. If you have any questions, contact the following at the below numbers.Randy Plunkett, Purchasing Agent Sr.Purchasing DivisionOffice: (954) 357-6630; Cell (954) 790-3239Regards,Jhennelle ClarkPurchasing Trainee, Building TeamBroward County Purchasing Division115 South Andrews Avenue, Suite A460Fort Lauderdale, FL 33301Office: 954-357-5866www.broward.org/purchasingCustomer Care is my priority. How am I doing?Please contact my Manager, Carla Byrd, at CBYRD@broward.org with feedback.Broward County provides electronic bidding services for our vendors through BidSync. Please register your company with BidSync in order to participate in future bidding opportunities, the free registration process will take less thanfive minutes. If you are already registered with BidSync, log in to BidSync to update your vendor profile to include Broward County as one of your agencies for solicitation notification.Under Florida law, most e-mail messages to or from Broward County employees or officials are public records, available to any person upon request, absent an exemption. Therefore, any e-mailmessage to or from the County, inclusive of e-mail addresses contained therein, may be subject to public disclosure.DisclaimerThe information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution ortaking action in relation of the contents of this information is strictly prohibited and may be unlawful.This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data.Specializing in; Security, archiving and compliance. To find out more Click Here.Under Florida law, most e-mail messages to or from Broward County employees or officials are public records, available to any person upon request, absent an exemption. Therefore, any e-mail message to or fromthe County, inclusive of e-mail addresses contained therein, may be subject to public disclosure.DisclaimerThe information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action inrelation of the contents of this information is strictly prohibited and may be unlawful.This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in;Security, archiving and compliance. To find out more Click Here.

May 2, 2019Randy PlunkettPurchasing Agent Sr.Broward County Purchasing Division115 S. Andrews AvenueFort Lauderdale, FL 33301Re: Information request for RFP No. BLD2117566P1Dear Mr. Plunkett,Thank you for allowing us to participate in the FLL Cleaning Contract review process. In response to thequestion received by Flagship;“As to the provided financial information, I have submitted to our financial section for review. These documentshad “Confidential” listed in the header but did not reference a Florida State Statute allowing for exemption fromPublic Records. Please review and provide the applicable Florida State Statute that allows for the exemptionfrom Public Records as required in Section L of the Standard Instructions to Vendors of RFP No.BLD211l7566P1 and cited below or provide a letter waiving the request for confidentiality. Your response isrequested no later than 3:00PM EST today. Thank you for your assistance.”Flagship requests that our Financial Statements marked ‘Confidential’ be considered as ‘Trade Secrets’ per theattached case law referencing Florida Statute 119. Flagship is happy to have the Committee review ourinformation and use it in the selection process. However, if possible, as a private company, we would like toprevent our competitor’s access to the details of our Financial Statement.Thank you for our consideration.Sincerely,James MikacichNVP, Aviation Sales408-569-69218Jmm@flagshipinc.com

Sepro Corp. v. Florida Dept. of Environmental Protection, 839 So.2d 781 (2003)28 Fla. L. Weekly D492circumstances to maintain the information'ssecrecy. West's F.S.A. §§ 119.01(1), 688.002(4)(b), 812.081(1)(c).839 So.2d 781District Court of Appeal of Florida,First District.SEPRO CORPORATION, Appellant/Cross Appellee,v.FLORIDA DEPARTMENT OF ENVIRONMENTALPROTECTION, Appellee/Cross Appellee,andGriffin, L.L.C., Appellee/Cross Appellant.9 Cases that cite this headnote[2]Conversation between Department ofEnvironmental Protection (DEP) employeeand corporation that provided hydrillaeradicating services in lakes pursuantto DEP contract, in which conversationthe corporation asked that employee usecertain information provided to DEP likeinformation that was marked confidential bycorporation, was not a reasonable measureto maintain secrecy of information, and thus,information not marked “confidential” wasnot exempt from public records disclosureas a trade secret. West's F.S.A. §§ 119.01(1),688.002(4)(b), 812.081(1)(c).No. 1D02-0213. Feb. 12, 2003. Rehearing Denied March 20, 2003.SynopsisCorporation which contracted with Department ofEnvironmental Protection (DEP) to eradicate hydrillafrom lakes brought action to prevent Department fromdisclosing alleged trade secrets to third party pursuantto a public records request. The Circuit Court, LeonCounty, P. Kevin Davey, J., found that certain documentscould be disclosed and others could not. Corporation andthird party cross-appealed. The District Court of Appeal,Benton, J., held that: (1) documents that corporationfailed to mark as “confidential” before Departmentreceived public records request could be disclosed, and (2)trade secret exemption to public records disclosure appliedto electronic mail sent to Department.RecordsTrade Secrets and Commercial orFinancial Information5 Cases that cite this headnote[3]RecordsTrade Secrets and Commercial orFinancial InformationA private party cannot render publicrecords exempt from disclosure as containingtrade secrets merely by designatinginformation it furnishes a governmentalagency confidential. West's F.S.A. §§119.01(1), 119.07(1), 688.02(4)(b), 812.081(1)(c), 815.04(3), 815.045.Affirmed.West Headnotes (5)7 Cases that cite this headnote[1]RecordsTrade Secrets and Commercial orFinancial InformationThe trade secret owner who fails to label atrade secret as such, or otherwise to specify inwriting upon delivery to a state agency thatinformation which it contends is confidentialand exempt under the public records law isnot to be disclosed, has not taken measuresor made efforts that are reasonable under the[4]RecordsTrade Secrets and Commercial orFinancial InformationNeither the desire for nor the expectationof non-disclosure is determinative indeciding whether information provided to agovernment agency is exempt from publicdisclosure as containing trade secrets. West's 2019 Thomson Reuters. No claim to original U.S. Government Works.1

Sepro Corp. v. Florida Dept. of Environmental Protection, 839 So.2d 781 (2003)28 Fla. L. Weekly D492F.S.A. §§ 119.01(1), 688.002(4)(b), 812.081(1)(c), 815.04(3), 815.045.2 Cases that cite this headnote[5]RecordsTrade Secrets and Commercial orFinancial InformationTrade secret exception to statute allowingdisclosure of public records applied toall types of records and not to onlycomputer data, programs, or supportingdocumentation to such data or programs,and thus, exemption covered electronic mailthat corporation marked confidential andprovided to Department of EnvironmentalProtection (DEP), and that contained certaintrade secrets relating to the corporation'sefforts in removing hydrilla from certain lakespursuant to contract with Department. West'sF.S.A. §§ 119.07(1), 688.002(4)(b), 812.081,815.04(3), 815.045.3 Cases that cite this headnoteAttorneys and Law Firms*782 W. Douglas Moody, Jr., Esquire of Myers andFuller, P.A., Tallahassee, for Appellant/Cross AppelleeSePRO Corporation.Teri L. Donaldson, General Counsel; Stacey D.Cowley, Senior Assistant General Counsel, Tallahassee,for Appellee/Cross Appellee Florida Department ofEnvironmental Protection.Susan L. Kelsey, Esquire and Karen D. Walker, Esquireof Holland and Knight, LLP, Tallahassee, for Appellee/Cross Appellant Griffin, L.L.C.OpinionBENTON, J.SePRO Corporation (Sepro) filed in circuit court seekingto block disclosure of asserted trade secrets, in response toa public records request that Griffin, L.L.C. (Griffin) hadaddressed to the Florida Department of EnvironmentalProtection (DEP). Before entering the order under review,the trial court allowed Griffin to intervene in support ofthe request that sparked the lawsuit. To the extent thetrial court denied Sepro relief, Sepro has appealed. Tothe extent the trial court granted Sepro relief, Griffin hastaken a cross-appeal. We affirm.I.Sepro was under contract to DEP to give certain assistancein eradicating hydrilla from specified lakes, when Griffinmade its request for public records in DEP's custody,including those relating to Sepro “and its provision offluridone and/or related services . [and] the effectivenessof Sonar [and Avast!] brand fluridone in treating hydrilla,including but not limited to, the results of any testsperformed by the Department or any third-party.”After Griffin made its public records request, Sepro'scounsel wrote DEP that some of the information Seprohad furnished DEP should be deemed trade secrets. Seegenerally § 403.111(1), Fla. Stat. (2002). Upon learningof Griffin's request, Sepro wrote DEP designating astrade secrets: “(1) Any ReMetrix Bathymetric, Biosonicor Vegetation study; (2) Any ReMetrix Biomass study; (3)Any SePRO prescriptive treatment formula for [specified]Florida lakes and water bodies.” DEP advised Seprothat it intended to disclose the documents to Griffinnevertheless, and would presumably have done so if Seprohad not filed suit to prevent disclosure.In its complaint for declaratory judgment and motionfor supplemental relief, Sepro claimed that “studies,sampling and analysis related to the tolerance ofhydrilla to Fluridone treatments, water body movements,Fluridone concentrations, proposed Fluridone treatmentprescriptions; and vegetation studies related to the type,density and location of various invasive plant speciesaffecting Florida water bodies treated with Fluridone”had been furnished to DEP “on a limited and selectbasis solely for the purpose of allowing the Department'sscientist to confirm the efficacy of its Fluridone TreatmentProgram” and were entitled to “ ‘trade secret’ protection.”These filings were not required by law. On appeal, noparty has attached any significance to whether DEPactually contracted for these studies, samples or analyses.The complaint invoked *783 sections 403.111, 688.002,812.081 and 815.045, Florida Statutes (2000). 2019 Thomson Reuters. No claim to original U.S. Government Works.2

Sepro Corp. v. Florida Dept. of Environmental Protection, 839 So.2d 781 (2003)28 Fla. L. Weekly D492With regard to documents (including some that hadbeen transmitted electronically) that were not labeledconfidential, Jeffrey David Schardt, a DEP employee,testified at the evidentiary hearing, “I don't recall usgetting anything in writing from SePRO regardingconfidential.” But Mr. Schardt did testify that he wasorally “asked to use the information like the informationthat was . marked confidential.”Whether or not the documents not labeled confidentialcontain all the information necessary to gauge theefficacy of Sepro's efforts under the contract is notclear. In any event, the trial court entered the orderunder review concluding that certain documents (againincluding some e-mail) did “not contain information thatmeets the definition of ‘trade secret’ under § 812.081,Florida Statutes, because SePRO failed to timely markthe documents as confidential prior to the Departmentreceiving a public records request.”II.the subject matter pertains, a trade secret is consideredto be:1. Secret;2. Of value;3. For use or in use by the business; and4. Of advantage to the business, or providing anopportunity to obtain an advantage, over those whodo not know or use it,but only “when the owner thereof takes [reasonable]measures to prevent it from becoming available to personsother than those selected by the owner to have accessthereto for limited purposes.” Id. See generally Am. RedCross v. Palm Beach Blood Bank, Inc., 143 F.3d 1407,1410-11 (11th Cir.1998); Lee v. Cercoa, Inc., 433 So.2d 1,2 (Fla. 4th DCA 1983). To like effect, section 688.002(4),Florida Statutes (2002), provides:“Trade secret” means information, including a formula,pattern, compilation, program, device, method,technique, or process that:[1] [2] Inasmuch as it “is the policy of this state that(a) Derives independent economic value, actual orall state, county, and municipal records shall be open forpotential, from not being generally known to, andpersonal inspection by any person,” § 119.01(1), Fla. Stat.not being readily ascertainable by proper means by,(2002), the failure to identify in

Flagship Airport Services, Inc. ("Flagship") and certain of its subsidiaries pursuant to FAR 9.406-2(a)(5) as a result of certain immigration-related issues the conduct for which occurred nearly two decades ago, between 1999 and 2002. In May 2010, ICE and Flagship negotiated an Administrative Compliance