Agenda 02/12/2013 Item #16D15n
2/12/201316. D.15.
EXECUTIVE SUMMARY
Recommendation to Terminate the June 14, 2011, Underground Facilities Conversion
Agreement entered into between Collier County and Comcast of the South, Inc.
OBJECTIVE: To terminate the existing Underground Facilities Conversion Agreement (the
"Agreement") with Comcast.
CONSIDERATIONS: On June 14, 2011, Collier County entered into an Agreement with
Comcast of the South, Inc. to convert its overhead cable distribution facilities attached to Florida
Power & Light utility poles located within the Vanderbilt Beach Municipal Service Taxing Unit
(MSTU) on Gulfshore Drive from Vanderbilt Beach Road to 111th Avenue, including the
adjoining side- streets on Seabreeze Avenue, Channel Drive and Bayview Avenue. After some
initial delay in the commencement of the MSTU project, and after subsequent additional
conversations with Comcast and its legal counsel, the parties agreed that a more current
competitively bid solicitation using the County Request for Proposal (RFP) process is
appropriate and that the June 14, 2011, Agreement should be terminated. Utilization of that
process assures a competitive procurement, while utilizing a contractor that meets the standards
and qualifications required by Comcast to complete the relocation of the existing overhead
facilities in a professional and cost - effective manner.
The County initiated the RFP process and subsequently bids were obtained on January 4, 2013
through County Bid #13-5991. On January 10, 2013 the Vanderbilt Beach MSTU Advisory
Committee reviewed the bid results and made recommendation that the agreement be terminated
in order to allow the construction to be performed by a qualified contractor selected under the
Bid #13 -5991. The Bid will be awarded at the February 26, 2013 BCC meeting.
FISCAL IWACT: There is no fiscal impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board Terminate the Underground Facilities Conversion
Agreement entered into between Collier County and Comcast of the South, Inc., and authorize its
Chairwoman to sign the attached Termination Agreement.
Prepared By: Darryl Richard, RLA, Project Manager, ATM Department
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2/12/2013 16.D.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.15.
Item Summary: Recommendation to Terminate the June 14, 2011, Underground Facilities
Conversion Agreement entered into between Collier County and Comcast of the South, Inc.
Meeting Date: 2/12/2013
Prepared By
Approved By
Name: SotoCaroline
Title: Management/Budget Analyst ,Transportation Administr
Date: 1/28/2013 3:03:25 PM
Name: AmoldMichelle
Title: Director - Alt Transportation Modes,Altemative Tr
Date: 1/28/2013 3:50:30 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 1/29/2013 9:05:05 AM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 1/30/2013 8:39:44 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 1/30/2013 10:09:18 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/30/2013 10:48:56 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 1/30/2013 11:09:13 AM
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Name: Isacksonl Aark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 1/30/2013 11:33:31 AM
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2/12/2013 16.D.15.
Termination Agreement Between
Comcast of the South, Inc. and Collier County, Florida
This Termination Agreement ( "Agreement ") is made and entered into on this 12th day of
February, 2013, by and between Comcast of the South, Inc. ( "Comcast ") a Colorado corporation
authorized to do business in Florida and located at 12641 Corporate Lakes Dr., Fort Myers
Florida 33913 and the Board of County Commissioners of Collier County, Florida (hereafter,
"County"). Comcast and County are collectively referred to as the "Parries."
Recitals
Whereas, the Parries entered into an Underground Facilities Conversion Agreement dated
June 14, 2011, (the "UFCA ") under which the County agreed to reimburse Comcast to convert
its overhead cable distribution facilities attached to Florida Power & Light utility poles located
within the Vanderbilt Beach Municipal Service Taxing Unit (the "MSTU ") on Gulfshore Drive
from Vanderbilt Beach Road to 111 Avenue, including the adjoining side - streets on Seabreeze
Avenue, Channel Drive and Bayview Avenue (the "Existing Overhead Facilities "), underground;
and
Whereas, the Parties desire to terminate the UFCA so that the County can
competitively solicit bids from contractors through a Request for Proposal utilizing a contractor
that meets the Parties' agreed upon standards and qualifications to complete the relocation of the
Existing Overhead Facilities in a professional and cost - effective manner and in accordance with
Florida law.
Now therefore, in view of the foregoing recitals and in consideration of the mutual
promises and covenants contained herein, and other consideration the sufficiency of which is
hereby acknowledged, Comcast and the County agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Subject to the terms and conditions of this Agreement, as of the above date, the
Parties hereby terminate the June 14, 2011, Underground Facilities Conversion
Agreement and any and all rights, obligations or duties created thereunder.
3. Each Party hereby forever releases and discharges the other Party and its servants,
agents, employees, officers, directors and shareholders, and all others, of and from
any and all claims and demands of every kind and nature, known and unknown, past,
present and future, arising out of or in any way connected with the Underground
Facilities Conversion Agreement previously executed by the Parties.
4. Each Party warrants and represents that it has the power and authority to execute this
Termination Agreement and that it is a legal, valid and binding obligation that is
enforceable in accordance with its terms.
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2/12/2013 16.D.15.
In Witness Whereof, the Parties have caused this Agreement to be duly executed by their
duly authorized representatives as of the date first shown above.
ATTEST:
Dwight E. Brock, Clerk
M.
Approved As To Form
and Legal Sufficiency:
Scott R. Teach,
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
R-W
Georgia A. Hiller, Esq., Chairwoman
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TWO WITNESSES:
FIRST WITNESS
Type /Print Name
SECOND WITNESS
Type/Print Name
2/12/2013 16.D.15.
COMCAST OF THE SOUTH, INC.
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Type/Print Name and Title