Backup Documents 02/12/2013 Item #16D15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT On 1 5
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT 2\k Z\ 2D
4. BCC Office Board of County
Commissioners
5. Minutes and Records Clerk of Court's Office i(N(N
2(c5 43
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Darryl Richard,RLA,Project Manager, Phone Number 252-5775
Contact/ Department ATM Department
Agenda Date Item was 2/12/13 Agenda Item Number 16-D-15
Approved by the BCC
Type of Document Termination Agreement with Comcast of Number of Original One
Attached the South, Inc. Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 2/12/13 and all changes made during the SRT
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by t 1jA1�
BCC,all changes directed by the BCC have been made,and the document is ready f• the \)
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16015
MEMORANDUM
DATE: February 20, 2013
TO: Darryl Richard, Project Manager
Alternative Transportation Modes
FROM: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
RE: A Termination Agreement with Comcast of the South, Inc.
terminating the 2011 Agreement in which the County agreed
to reimburse Comcast to convert cable distribution facilities
on Gulfshore Drive within the Vanderbilt Beach MSTU
Attached for your records is a certified copy and a regular copy of the document referenced
above, (Item #16D15) approved by the Board of County Commissioners February 12, 2013.
The original will be held on file with the Minutes and Record's Department in the Board's
Official Records.
If you have any questions, please feel free to call me at 252-8406.
Thank you.
Attachment
16P15
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 "Parties."
Recitals
Whereas, the Parties 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 111m 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.
1
16015
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: BOARD OF COUNT COMMISSIONERS
OF COLLIER COUN Y, FLORIDA
Dwight E. xock, Clerk
u
‘4:
BY . , / ■ rQ.0 .
BY:
x '
r •. � orgia A. Hiller, Esq.
At to, Chairwoman
pproved A - o . rm
• Le,al,S . +'enc
colt R. Teach,
Deputy County Attorney
COMCAST OF THE SOUTH, INC.
TWO IT SES:
By: OK
FIRST WITNE S FOL9P0...,ANlt/ ‘e, / iNr 1 a
.■4-P k S. C o 0 p,A- Type/Print Name and Title
Type/Print Name
cAa1/4
SECOND WITNESS
•
LoTocia Rath-{f
Type/Prilit Name
Item# 10.6
Agenda 2■12.`7
Date `J
Date
2 •ec'd
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Deputy