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Assumption Agreement (Orlando Telephone Company, Inc., DBA Summit Broadband) ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of /lJoVe,Jo ,- t a- , 20 t3 by and between Orlando Telephone Company, Inc., d/b/a Summit Broadband ("Summit"), and Collier County, a political subdivision of the State of Florida("County"). WHEREAS, on December 13, 2011, the County awarded a contract under Request for Proposal #11-5606 "Telecommunications Voice and Data Services" with US Metropolitan Telecom, LLC ("US Metro") (attached hereto as Exhibit A, and hereinafter referred to as the "Agreement"); and WHEREAS, on February 6, 2013, the parties entered into an Amendment to the Agreement which replaced Exhibit A of the Agreement and updated the pricing (attached hereto as Exhibit B, and hereinafter referred to as the "Amendment"); and WHEREAS, Summit hereby represents to Collier. County that by virtue of a company merger agreement, Summit is the successor in interest to US Metro in relation to the Agreement and Amendment; and WHEREAS, the parties wish to formalize Summit's assumption of rights and obligations under the Agreement and Amendment, effective as of the date first above written. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. Summit and County hereby enter into and ratify the Amendment as set forth in Exhibit B. 2. Summit accepts and assumes all rights, duties, benefits, and obligations of the Consultant under the Agreement and Amendment, including all existing and future obligations to pay and perform under the Agreement and its Amendment. 2. Summit will promptly deliver to County evidence of insurance consistent with the Agreement. 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement and Amendment are contemplated by the parties. 4. Notice required under the Agreement to be sent to Consultant shall be directed to: CONSULTANT: Orlando Telephone Company, Inc., d/b/a Summit Broadband 4558 SW 35 Street Orlando, FL 32811 Phone: 239-444-1041; E-mail: care @summit-broadband.com Attention: Frank B. Mambuca 1 t.:5) 5. The County hereby consents to Summit's assumption of the Agreement and its Amendment. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Summit as the Consultant for all purposes under the Agreement and its Amendment. IN WITNESS WHEREOF,the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. FOR COLLIER COUNTY: TTEST: B•ARD OF COUNTY CO■ MISSIONERS D WI6W E. BROCK, Clerk C t LW R S•LINTY, F •RIDA c MUM.aS t0 Crk Georgia A. Hiller, Esq., Chairwoman signature only. FOR Orlando Telephone Company,Inc. d/b/a Summit Broadband: ,• By. - Attest: o, _de -- ..1.. %..c/ Typed/Written Name and Title Typed/Written Name Date: IV 0,f 26,( 201 3 Date: /Jcu. 2(.(2z ( Approved as to form d legal By: . . . . .�mel 15.1 _ mily Ri'epin Assistant County Attorney 2 3. ' 1 ® DATE(MM/DD/YYYY) a�° CERTIFICATE OF LIABILITY INSURANCE 10/11/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-524-0191 CONTACT - Carmen Falcon NAME: Arthur J. Gallagher Risk Management Services, Inc. PHONE FAX 407-370-3057 (A/C.No.Ext): (A/C,No): 200 S. Orange Ave ADDRESS: Carmen_Falcon@AJG.com Suite 1350 Orlando, FL 32801 INSURER(S)AFFORDINGCOVERAGE NAIC# Heather Young INSURER A: HARTFORD FIRE IN CO 19682 INSURED INSURERS: SENTINEL INS CO LTD 11000 Orlando Telephone Company, inc. dba Summit Broadband; HARTFORD CAS INS CO 29424 Summit Broadband Inc. INSURERC: 4558 S.W. 35TH STREET INSURERD: TWIN CITY FIRE INS CO CO 29459 STE. 100 INSURER E ORLANDO , FL 32811 INSURER F: _ COVERAGES CERTIFICATE NUMBER: 36354941 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INS Lip POLICY NUMBER JMM/DDY/YYYY) (MM/DDNYYY) LIMITS A GENERAL LIABILITY 21UUNJB1934 01/01/13 01/01/14 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 300,000 _ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X�POLICY PRO- ' ECT LOC $ AUTOMOBILE LIABILITY 21UUNJB1934 01/01/13 01/01/14 COMBINED aBINEDISINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS _ AUTOS PROPERTY DAMAGE $ NON-OWNED (Per accident) X HIRED AUTOS X AUTOS C X UMBRELLA LIAB X OCCUR 21RHUJB1855 01/01/13 01/01/14 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$10,000 $ D WORKERS COMPENSATION 21WBAC2579 01/01/13 01/01/14 X TORY LIMITS ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certficate holder included as Additional Insured(s) as required by written contract & solely with respect to work performed by the Named Insured under the General Liability End #HG 0001 0605; Auto Liability End #HA 9916 0706 & End #HA 9913 0187 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County BCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East AUTHORIZED REPRESENTATIVE yy Naples, FL 34112 �,�,& 17' USA ✓✓ I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD mj ordan 36354941 EXHIBIT A US Metropolitan Telecom,LLC 24017 Production Circle Bonita Springs,FL 34135 SERVICE ORDER Date of Issuance: Account Manager: CUSTOMER INFORMATION: Customer Name: Collier County Board of Billing Name: Collier County Board of County County Commissioners Commissioners Customer Address: 3299 Tamiami Trail East Billing Address: 3299 Tamiami Trail East Suite 600 Suite 600 City: Naples City: Naples State: Florida State: Florida ZIP: 34112 ZIP: 34112 Federal Tax Identification/Social Security Number: Contact Technical Mike Berries Rob Lincoln Billing Contact: Elsa Reza Name: Contact: Contact Phone 239-252-8334 Technical Phone: 239-252-8771 Billing Phone: 239-252-8274 Contact Fax: 239-252-6303 Technical Fax: 239-252-6326 Billing Fax: 239-252-6326 Contact E- mail: mikeberrios@colliergov.net Technical E-mail: roblincoln @colliergov.net Billing E-mail: elsareza5acolliergov.net ................................. ORDER SUMMARY: ( ] Private Line [X] Ethernet-VPLS [X] Internet Access [ ] Voice PRI Services .'.Customer Qty Service Description/Speed Product Location A Desired:Due 4 1.5 Mbps Ethernet Service Ethernet-vPLS See Exhibit A See Exhibit A ASAP 4 10 Mbps Ethernet Service Ethernet-vPLS See Exhibit A See Exhibit A ASAP 2 50 Mbps Ethernet Services Ethernet-VPLS See Exhibit A See Exhibit A ASAP 2 50 Mbps Internet Access Service lnternetAccess See Exhibit A See Exhibit A ASAP _COMMENTS: TOTALS: Monthly Recurring Charge $7,140.00 Nonrecurring Charge: 50.00 Contract Term: 36 Months DOCUMENT 50-2011 cCGoa LS Metropolitan Telecom,LLC 2011 Page 1 of 6 lialifnetif0 US Metropolitan Telecom,LLC 24017 Production Circle Bonita Springs,FL 34135 1 SIGNATURES: Customer: Collier County Board of County US Metropolitan Telecom,LLC Commissioners By: t 4 I.,0 - _ „ , „0„..„ By: ..- 10.f. _.....— 41111111111,. Name: Fred W.Coyle Name: Brad Dancer Title: Chairman Title: Member Date: ,..-t, , 124 13/ i 1 Date: ?—ii — 1/ ATTEST. Dwig4E,Tflock,(Terif Courts ,.__ ___,,, itifiti 1 BY: A.i. ..',3,--/ ' j-- Datici:Vriwoitaev ti::s A, AttInksilL10.-alti 4' i igitattim, ..... , Approved asjp fopn and legal sufficiency: i L....„...... L........_ Ast5Firictf4ounty Attorney c5e,e)717t J 4(4...— Print Name DOCUMENT 50-201 I CCGov US Metropolitan Telecom LLC 2011 Page 2 of 6 €1.) —..i USA Metro US Metropolitan Telecom,LLC 24017 Production Circle Bonita Springs,FL. 34135 TERMS AND CONDITIONS I.GENERAL. by this Agreement at any time upon sixty(60) provided through the date of These terms and conditions apply to the days' written notice to Customer if the rate termination. US Metro shall not be delivery of telecommunications and related increase is required as a result of an increase in entitled to any other or further recovery services ("Services") by US Metropolitan governmental charges, taxes or unanticipated Telecom LLC("US Metro"),to Customer under costs. against the Customer, including, but not rates, terms and conditions of this Service limited to, any damages or any Agreement and Addendums. The Terms and Billing Start Date — Billing will start at the anticipated profit on portions of the Conditions section of this agreement must be customer acceptance date and be in accordance services not performed. signed by both US Metro and the Customer. with the rates on Exhibit A,attached hereto and The specific Services are listed in the Service incorporated by reference. 8.SERVICE LEVEL OBJECTIVE, Order,Order Summary section,and signed by US Metro shall use commercially reasonable US Metro and the Customer as well. This 5.TAXES AND FEES. efforts to meet the network availability Agreement shall be governed and construed in Customer shall be responsible for payment of objective of 99.999% during any calendar accordance with the laws of the State of Florida all local,state and federal taxes,and fees arising month. Customer acknowledges the possibility without reference to conflicts of law provisions. in any jurisdiction based upon the provision, of an unscheduled, continuous and/or sale,or use of the Services. Customer shall he interrupted period of time when the Services 2.USE OF SERVICE. responsible for the payment of all surcharges in are unavailable("interruption"). "Unavailable" Except as provided herein,Customer may use effect, including but not limited to USE, means a complete interruption of transmission Services for any lawful purpose consistent with regulatory,and 911 surcharges. Customer may lasting two seconds or more, The length of an US Metro's then current acceptable use and present a proper tax exemption certificate as interruption is measured from(i)the time that privacy policies, provided such use does not authorized or required by statute or regulation notice is received from the Customer by US interfere with any services being provided on and US Metro agrees to exempt Customer from Metro that an interruption has occurred to(iii) or impair the privacy of communications on the the collection of taxes to the extent warranted the time of restoration of Service and under no US Metro network. by such certificate(s). The Customer is sales tax circumstances shall any interruption be deemed exempt pursuant to Chapter 212, Florida an event of default. 3. INSTALLATION, ACCEPTANCE, AND Statutes. ACCESS. Credits for Measured Unavailable Time - US Metro will make best effort to provide 6.TERM AND TERMINATION. When written request from customer is Service by Requested Due Date designated on Term of Service Order will commence upon the received within thirty (30) days of service the Service Order form, but will not be liable acceptance by Customer of all services interruption, customer shall be entitled to for any delays in Service delivery. Should the designated on the Service Order form. At the receive the following credits: Customer cancel or change the Services expiration of the Term, the contract may be requested prior to the Requested Due Date,the renewed for two(2) additional periods of one Failure to Meet Committed Credit Customer shall pay US Metro all costs incurred (1)year unless terminated by either party prior Service Level by US Metro to install the Services or by to thirty (30) days of the termination date by 0 minutes to 4 hours No credit preparing to install the Services that otherwise written notice. Any termination shall not >4 hours to 24 hours 1 day credit would not have been incurred.US Metro will relieve Customer of its obligation to pay any install all services and provide a point of charges incurred. 'Elie rights and obligations, >24 hours to 48 hours 3 day credit demarcation establishing a handoff point. it which by their nature extend beyond the >48 hours j 1 week credit will he the customer's responsibility to extend termination of the term of this Agreement,shall all services from this established demarcation survive such termination_ Either party may Scheduled and Unscheduled Maintenance. point to their equipment.If any extension of the terminate the Agreement upon thirty(30)days Scheduled Maintenance means any demarcation,including cabling, equipment, or written notice it(i) the other party materially maintenance activities performed at US Metro's services are requested, they will need to be breaches the Agreement and fails to cure the Point of Presence to which Customer's facilities identified and described in the Service Order breach within thirty (30) days of breach are connected or activities performed at the Comments section and agreed to by both notification, or(ii)the other party dissolves or Customer's demarcation on the customer parties. becomes insolvent or bankrupt or (iii) any premise. Customer shall he given forty-eight bankruptcy, reorganization, insolvency or (48)hours advance notice of such maintenance 4.BILLING AND PAYMENT. similar proceeding is instituted by or against activities, except in the case of emergency Customer agrees to pay all charges for Services the other party and not dismissed within thirty maintenance deemed necessary by US Metro,in in accordance with Section 218, Florida (30) days. US Metro may terminate the which case US Metro shall endeavor to provide Statutes,also known as the"Local Government agreement if Customer fails to make any forty-eight(48)hours advance notice. With the Prompt Payment Act". The Customer is payment when due and such failure continues exception of emergency maintenance, such responsible for the payment of invoices to US for ten (10) business days after written notice activities are typically performed during the Metro for all usage of Services by Customer. from US Metro. US Metro shall not terminate standard maintenance window between Invoices are payable in accordance with Section this Agreement if US Metro and Customer are 12:01am and 6:OOam local time. Notice of 218,Florida Statutes,also known as the"Local in a billing dispute process. scheduled maintenance shall be given to Government Prompt Payment Payment Act". Customer's designated Single Point of Contact Any invoice not paid by the Due Date will hear 7.TERM'INATiON LIABILITY. If prior to ("SPOC"), by a method elected by US Metro late payment fees at the lower of 1.5% per the expiration of the Term, Customer (telephone, e-mail, fax or pager). Any month or the highest rate legally permissible, terminates Service for convenience, maintenance scheduled or unscheduled will be until paid. US Metro may revise the rates, Customer shall pay to US Metro, all verified to the demarcation point described in monthly recurring and other charges required undisputed unpaid amounts for Service DOCUMENT SO-2011CCGnv US Metropolitan Telecom,I..LC 2011 Page 3 of 6 CA , „ LIS 0'Mehro US Metropolitan Telecom,LLC 24017 Production Circle Bonita Springs,FL 34135 the Installation,Acceptance,and Access section causes beyond such party's reasonable control The Contractor shall provide insurance as of this agreement. ("force majeure"). Customer will not be follows: obligated to pay US Metro for Services not A. Commercial General Liability: Application of Credits. Credits shall be applied delivered as a result of force majeure. Coverage shall have minimum limits of in respect of the next billing period and shall be based on the monthly rates in effect at that 12.MISCELLANEOUS. $1.000,000 I'er Occurrence, Combined time.Calculation of all credits shall be based Assignment. Neither party may assign this Single Limit for Bodily Injury Liability on the call log and other records maintained by Agreement, in whole or in part, without the and Property Damage Liability. This US Metro, In no event shall any credit be express written consent of the other party, shall include Premises and Operations; awarded in excess of the monthly rates for the which consent shall not be unreasonably Independent Contractors; Products and affected Service in effect at the time the credit is withheld. Either party may transfer its rights Completed Operations and Contractual applied.If credits remain payable following the and obligations under this Agreement pursuant Liability. termination of the Agreement, the Customer to a sale of substantially all of the assets of the shall be entitled to receive a rebate equal to the business, corporate merger, reorganization or B. Business Auto Liability: amount of such credits. acquisition. Coverage shall have minimum limits of $500,000 Per Occurrence, Combined 9.WARRANTY, Applicable Law;Attorney Fees, The laws of the Single Limit for Bodily Hnjury Liability THIS WARRANTY IS EXCLUSIVE AND IS IN State of Florida, excluding its choice of law and Property Damage Liability. This LIEU OF ALL OTHER WARRANTIES, EXPRESS, rules,shall govern this Agreement. The United IMPLIED, STATUTORY OR OTHERWISE WITH shall include:Owned Vehicles,Hired and RESPECT TO THE MATERIALS. SERVICES OR Nations Convention on the International Sale of Non-Owned Vehicles and Employee PRODUCTS PROVIDED UNDER THIS Goods shall not apply to this Agreement. If Non-Ownership. AGREEMENT. ANY LIABILITY OF US METRO either party employs attorneys to enforce any p WITH RESPECT TO THE MATERIALS UNDER rights arising out of or relating to this C. Workers' Compensation: ANY WARRANTY, NEGLIGENCE, STRICT Agreement, the prevailing party shall be Insurance covering all employees LIABILITY OR OTHER THEORY WILL BE entitled to recover its reasonable attorneys' LIMITED EXCLUSIVELY TO MATERIALS y meeting Statutory Limits in compliance REPLACEMENT OR, IF REPLACEMENT IS fees,costs and other expenses. with the applicable state and federal INADEQUATE AS A REMEDY, TO REFUND OF laws. THE FEES PAID. EXCEPT FOR THE Entire Agreement. This Agreement constitutes The coverage must include Employers' FOREGOING,ALL MATERIALS ARE PROVIDED the entire agreement between US Metro and AS IS WITHOUT WARRANTY OF ANY KIND Customer, and merges all prior and Liability with a minimum limit of INCLUDING, WITHOUT LIMITATION, ANY contemporaneous communiautions with respect $500,000 for each Oct ident. WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. to the subject matter hereof. This Agreement Special Requirements: Collier County FURTHER, US METRO DOES NOT WARRANT shall not be modified except by later written Government shall be listed as the RESULTS OF USE.THAT THE CUSTOMER'S USE modification signed by both parties. Certificate Holder and included as an WILL BE UNINTERRUPTED Additional Insured on the US METRO SHALL NOT BE LIABLE FOR ANY Severability and Waiver. If any provision of Comprehensive General Liability Policy. SERVICES OR PRODUCTS PROVIDED BY this Agreement proves to be or becomes invalid p y 'THIRD PARTY VENDORS, DEVELOPERS OR or unenforceable under any applicable law, CONSULTANTS IDENTIFIED OR REFERRED then such provision shall be deemed modified 14. Indemnity. To the maximum extent TO THE.CUSTOMER BY US METRO DURING permitted by Florida law, US Metro shall ANY ASPECT OF SERVICE DELIVERED to the extent necessary in order to render such p UNDER THIS AGREEMENT,OR OTHERWISE. provision valid and enforceable; if such indemnify and hold harmless Collier provision may not be so saved, it shall be County, its officers and employees from 10.LIMITATIONS OF LIABILITY, severed and the remainder of this Agreement any and all liabilities, damages, losses and US Metro's liability to the customer under this shall remain in full force and effect.No waiver costs, including, but not limited to, Agreement and with respect to any services of arty breach of any provision of this reasonable attorneys' fees and paralegals' contemplated by this Agreement shall be Agreement shall constitute a waiver of any limited to damages directly attributable to other breach of the same or any other provision fees,to the extent caused by the negligence, defects In the services. US Metro shall not be hereof,and no waiver shall be effective unless recklessness, or intentionally wrongful liable for any damages caused by unauthorized made in writing and signed by an authorized conduct of US Metro or anyone employed modification or use of services provided representative of the waiving party. or utilized by US Metrot in the performance pursuant to this agreement. of this Agreement. This indemnification IN NO EVENT SHALL EITHER PARTY BE Service Interruption. During a reported service obligation shall not be construed to negate, I LIABLE TO THE OTHER PARTY FOR ANY interruption, US Metro will isolate and repair abridge or redtace any other rights or INCIDENTAL, CONSEQUENTIAL, the issue to the US Metro side of the INDIRECT, OR PUNITIVE DAMAGES demarcation point, as described in the section remedies which otherwise may be available (INCLUDING BUT NOT LIMITED TO LOST entitled Installation,Acceptance,and Access of to an indemnified party or person PROFITS), REGARDLESS OF WHETHER this document. However, if US Metro described in this paragraph. SUCH LIABILITY IS BASED ON BREACH OF troubleshooting indicates the problem to he This section does riot pertain to any CONTRACT, TORT, STRICT LIABILITY, beyond our demarcation point, US Metro incident arising from the sole negligence of BREACH OF WARRANTIES, FAILURE OF standard charges will apply. Collier County. ESSENTIAL PURPOSE OR OTI IERWISE AND EVEN IF ADVISED OF THE POSSIBILITY OF Furnished Equip:me:L Equipment furnished SUCH DAMAGES, by US Metro to facilitate delivery of Services 15.SUBJECT TO APPROPRIATION.It is shall remain the property of US Metro and be further understood and agreed by and 11.FORCE MAJEURE. returned on expiration of the term, between the parties herein that this Neither party will be liable, nor will any agreement is subject to appropriation by remedy provided by the Agreement be 13.INSURANCE. the Board of County Commissioners, available, for any failure of Service due to DOCUMENT 50-2011CCGov US Metropolitan Telecom,LLC 200 Page 4 of 6 0 If SI*4°"' Mei° US Metropolitan Telecom,LLC 24017 Production Circle Bonita Springs,FL 34135 Terms &Conditions Signatures: Customer: US Metropolitan Telecom,LLC By: Collier County Board of County By: Commissioners __ S —IL-) Name: Name: Brad Dancer Title: Fred W.Coyle,Chairman Title: Member Date: 1 LO C, tc Date: 7- // — /1 - -. tzjt3 H / (7..i A 1TES Dwiefit E.Brock,Clerk,of Courts _ \ i. BC:1 ( 't. 1 itk.,Utkli 4 tA/1— 7' .: - "/ Dated: t:,,..2c Att ,- itiViti4.-Lavi t 40 4 4 igolittor4*,401 1 .., Approved a l'OlorM and legal sufficiency: 11111ftwar ... 4/_ ....... Deputy County Attorney Print Name DOC LNIF NT 50-2011CCGov US M vtropoll'an Telecon,,LLC 2011 Page 5 of 6 S US Metropolitan Telecom,LLC 24017 Production Circle Bonita Springs,FL 34135 Exhibit A Pricing for Telecommunications Services Site Name Location US Metro Service US Metro MRR: Immokalee Community Park 321 1st Street N. Immokalee, Fl 1.5 Mbps Ethernet-VPLS $300.00 East Naples Community Park 3500 Thomasson Drive Naples, Fl 1.5 Mbps Ethernet-VPLS $300.00 irnmokalee Fitness Center 505 Escambia Immokalee, Fl 1.5 Mbps Ethernet-VPLS $300.00 South Water Plant 3851 City Gate Drive Naples, Fl 50 Mbps Ethernet-VPLS $895.00 Freedom Park 1515 Golden Gate Pkwy Naples, Fl 10 Mbps Ethernet—VPLS $540.00 Naples Recycling Center 2640 Enterprise Ave Naples, Fl 10 Mbps Ethernet—VPLS $540.00 Immokalee Code Enforcement 310 Alachua Street Immokalee, Fl 10 Mbps Ethernet—VPLS $540.00 Marco Recycling Center 990 Chalmer Drive Marco Island, Fl 10 Mbps Ethernet—VPLS $540.00 Campus-Bldg F 3300 Tamiami Trail Naples, Fl 50 Mbps Ethernet-VPLS $895.00 _ Pelican Bay Svcs 801 Laurel Oak 1.5 Mbps Ethernet-VPLS $300.00 Total Ethernet-VPLS MRR: $$,1 50.00 Site Name Location US Metro Service US Metro Cost Campus- Bldg F 3300 Tamiami Trail Naples, Fl 50 Mbps Internet Access $995.00 ;-south Water Plant 3851 City Gate Drive Naples, Fl 50 Mbps Internet Access $995.00 Total Internet Access MRR: $1,990.00 Total of Ethernet and Internet Contract MRR: $7,140.08 UOCUMENt 50-2011CCGor US Metropolitan Telecom,LTC 2011 Page 6 of 6 ACC.RE) CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to ! the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 1 f,RODUCER CONTACT NAME: clertif-,cate Team 1 im Shaw Insurance Group Inc. PHONE I FAX a _c 2 Q-1 , II I A/C No: ci-' -Q Q-"7 I4.091 Colonial Blvd. Ste 100 E•MAIL _ ! Hprt.. Myers FL 33966 ApoRESsrce. f I.C.cli-e sq,)t imshaw.cam i INSURER(S)AFFORDING COVERAGE NAIC# INSURER A Nati on;;1 T—ust Tneurance Company . , INSURED INSURER 13:= IMEr-C-I al Insurance Company IIIS Metropolitan Telecom, LLC INSURER C: 1 , 1 I 1 4 0 17 PRODUCTION CIRCLE INSURER D IIONITA SPRINGS FL 34135 INSURER E I i 1 ' INSURER F: i 1 :!:OVERAGES CERTIFICATE NUMBER:1067662592 REVISION NUMBER: rTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I AODLISUBRI 1 POLICY EFF 1 POLICY EXP LI-R, TYPE OF INSURANCE INSR WVD I POLICY NUMBER .(MNI/DDITYYY)I(MM/DO/YYYY) LIMITS A I GENERAL UABILITY 11 1 4 1 1 8 8 CL G/1/2O , 7/1/2012 EACH OCCURRENCE 1$1'000'000 , 2 I COMMERCIAL GENERAL LIABILITY , i DAMAGE ■.T.' EN rso ! 1 Iv I PREMISES(Ea occurrence} !$100,000 1 I 1 CLAIMS MADE V' j OCCUR : men EXP(Any one person) '$E:,200 , PERSONAL&ADV INJURY $1,000,000 : 1 I GENERAL AGGREGATE $2,000,000 i---' 1 1 1 GENII...AGGREGATE LIMA APPLIES PEP 1 PRODUCTS-COMPIOF AGC $2,000,000 7-1 , I 1 I POLICY IX i jECT I 1 ,-'00 I/:. AUTOMOBILE LIABILITY 1141188 AU r/1/2011 ii,/0/20,2 iCEDaMaTIdNdEASINGLE LIMIT $1,000,000 2 1 ANY AUTO I BODILY INJURY(Per person) S ALL O)MNED _____i SCHEDULED BODILY IN I! (Per acckient) 5 I i NON-OVVNED PROPERTY DAMAGE $ , .HIRED AUTOS i AUTOS (Per accident) 1 1 IX I UMBRELLA LIAR OCCUR 14118 11E UMO *7/112011 r7/1/2O.12 EACH OCCURRENCE $1,000,000 I 1 I EXCESS L1AB I I CLAIMS-MADE AGGREGATE 01,000,000 F i ! ' I I DEC :X I RETENTION.$10,000 [ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE )1'1 N OFFICER/MEMBER <CLUDED'? (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below ' N/A , TOR LIMITS 10;T- s E.L.EACH ACCIDENT $ EL DISEASE-EA EMPLOYEE"$ E.L.DISEASE-POLICY LIMIT I$ I 1 . 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER Is INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL LIABILITY COVERAGE SHOWN ABOVE IF REQUIRED BY WRITTEN CONTRACT SUBJECT TO THE TERMS, CONDITIONS AND EXCLUSIONS OF THE POLICY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE , THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Government ACCORDANCE WITH THE POLICY PROVISIONS. 3299 Tarniarni Trail East Suite 600 AUTHORIZED REPRESENTATIVE Naples FL 34112 - , 1 , 0 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ----€) , — ACCJW Dat CERTIFICATE OF LIABILITY INSURANCE DATE((AM/DD/YYYY) 11/14/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may requre an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER WELLS FARGO INS.SERV. USA-CH,NC CONTACT 6100 FAIRVIEW ROAD, SUITE 800 IA/C PHONE ESI: FAX No): PC BOX 220748 A E-MAIL CHARLOTTE, NC 28222 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: HARTFORD FIRE INSURANCE CO. - 1! EXHIBIT B EXHIBIT A-1 Contract Amendment# 1 11-5606"Telecommunications Services" This amendment,dated lie.!.fir..._,20 1 to the referenced agreement shall be by and between the parties to the original Agreement,US Metropolitan Telecom, LLC("US Metro")and Collier County, Florida,(to be referred to as"Customer"). Statement of Understanding RE:Contract# 11-561)6-"Telecommunications Services" In order to continue the services provided for in the original Contract document referenced above, US Metro agrees to amend the above referenced Contract as per Exhibit A-IA "Pricing for Telecommunications Services" attached to this Amendment and incorporated herein by reference. This Exhibit A.I A replaces the original Exhibit A in the Contract. Further,the County reserves the right to modify services at the locations listed in Exhibit A-I A,that best suit the County's business and operational needs. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF,US Metro and the County have each,respectively,by an authorized person or agent,hereunder set their hands and seals on the date(s)indicated below. Accepted: lnitr ------,,20 SERVICE PROVIDER: CUSTOMER: US Metropolitan`I elecotn,LLC BOARD OF COUNTY COMMISSIONERS 14Z. OF COLLIEI„i COUNTY,FLC)Rt A R Neil andall, Project Manager 're i 't.)Cyi" DEPART MENt"DIRECTOR. Type Name of Signatory / By: - — Michael Berrios DIVISION ADMINISTRATOR\ BY ry 7J! 4)64 C Len G I td •et/Price pRC)( JR1 M • STRATEGIST T By 'colt D.Johnson 41,. US Metropolitan Telecom„LLC 24017 Production Circle Bonita Springs,FL 34135 Exhibit A-1A to AMENDMENT#1 Pricing for Telecommunications Services The following Monthly Recurring Charges(MRC)apply to the 9 Ethernet Services/Speeds listed below and the 9.Internet Services/Speeds listed below. These prices apply to any of the 10 locations listed in the chart below. US Metro Ethernet Service US Metro MRC: 1 1.5 Mbps Ethernet-VPLS $300 2 10 Mbps Ethernet—VPLS $540 3 50 Mbps Ethernet-VPLS $895 4 75 Mbps Ethernet-VPLS $1,150 5 100 Mbps Ethernet-VPLS $1,395 6 125 Mbps Ethernet—VPLS $1,650 7 150 Mbps Ethernet-VPLS $1,895 8 175 Mbps Ethernet-VPLS $2,095 9 200 Mbps Ethernet-VPLS $2,295 US Metro Internet Service US Metro MRC: 1 1.5 Mbps Internet Access $450 2 10 Mbps Internet Access $640 3 50 Mbps Internet Access $995 4 75 Mbps Internet Access $1,250 5 100 Mbps Internet Access $1,495 6 125 Mbps Internet Access $1,750 7 150 Mbps Internet Access $1,995 8 175 Mbps Internet Access $2,195 9 200 Mbps Internet Access $2,395 Site Name Location 1 Immokalee Community Park 321 1st Street N., lmmokalee, FL 2 East, Naples Community Park 3500 Thomasson Drive, Naples, FL 3 Immokalee Fitness Center 505 Escambia, Immokalee, FL 4 South Water Plant 3851 City Gate Drive, Naples, FL 5 Freedom Park 1515 Golden Gate Pkwy, Naples, FL 6 Naples Recycling Center 2640 Enterprise Ave, Naples, FL 7 Immokalee Code Enforcement 310 Alachua Street, lmmokalee, FL 8 Marco Recycling Center 990 Chalmer Drive, Marco Island, FL 9 Campus-Building F 3300 Tamiami Trail, Naples, FL 10 Pelican Bay Services 801 Laurel Oak, Naples,FL Note: Additional locations may be added at the same MRCs listed above; however, one-time fiber construction fees may apply and will need to be negotiated for new sites not listed. DOCUMENT 30•2011CCGov US Metropolitan Telecom,LLC 2011 Page 6a of 6 __ __..._._ _..�___._ _....... _....._ _...... 'C , ( (