Backup Documents 06/12/2012 Item #16E 216E2
MEMORANDUM
Date: August 14, 2012
To: Brenda Brilhart, Contract Technician
Purchasing Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Contract #10 -5491 Amendment 1: Modifying Scope of Services
(Exhibit A) for Fiber Optic Installation, Maintenance and Repair
Contractor: Aztec Communications of SWFL, Inc.
Attached is an original copy of the contract amendment referenced above, (Item #16E2)
approved by the Board of County Commissioners on June 12, 2012.
The second original contract will be held in the Minutes and Records Department
for the Board's official record.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachment
NJ MKIM-1 Ilk!
ITEM NOVez5)b
FILE NO.:
ROUTED TO:
.i.NE
16E2
fA ; { P,N Purchasing Department
a`- 3327 Tamiami Trail East
Maples, Florida 34112
Telephone: (239) 252 -8446
FAX: (239) 252 -6697
Email: BrendaBrilhart @colliergov.net
www.colliergov.net
DATE RECEIVED:
DO NOT WRITE ABOVE THIS LINE _ 1n
Request for Legal Services
Date: August 6, 2 / —
S
To: Scott ea h Q�
Deputy ounty Attorney
From: Brenda Brilhart
Procurement Strategist
Re: 10 -5491 Fiber Optic Installation Maintenance and Repair
Contractor: Aztek Communications
BACKGROUND OF REQUEST:
This amendment was approved by the BCC on 6/12/12; agenda item 16.E.2
Scott Teach, D orney, initialed the amendment prior to it being placed on the agenda.
Previous LS 12 -PRC -02196
ACTION REQUESTED:
Signature on amendment.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions concerning the document,
please contact me at the telephone number or email address above. Purchasing would appreciate
notification when the documents exit your office.
—7 11TI-
G/ Acquisitions /Tech FormsandLetters /MemotoRequestLegalServices
Revised: 4/16//10
16 E'2,
6/12/2012 Item 16.E.2.
EXECUTIVE SUMMARY
Recommendation to approve Amendment #1 to Agreement 10 -5491 for Fiber Optic
Installation, Maintenance and Repairs modifying Exhibit "A," Scope of Services, Item [i]
( "Materials Not on Bid "), and approve retroactive payments on pending invoices.
OBJECTIVE: To amend Agreement 10 -5491 to delete a contradictory term pertaining to
procuring non -bid items
CONSIDERATION: On January 11, 2011 (Agenda item 16.A.6), the Board awarded Agreement
10 -5491 to Aztek Communications of South Florida, Inc. The solicitation required that
contractors, at the time of bid submission, provide a percentage markup for items not
specifically contained in the list of materials. Page 37 of the original Invitation to Bid, which was
incorporated into Agreement 10 -5491 by reference, states in part:
[i] Materials Not on Bid
"If the contracting agency possesses the requested non -bid item(s) and has them on
hand available for use, the contractor may be directed to utilize that equipment or
material, and no markup shall be charged for using the County's goods. Cost for
rental equipment shall not be marked up if such costs are invoiced to Collier County.
In addition, Collier County Purchasing Policy limits the purchase of non -bid items to
$3,000 per vendor, per bid, per year, after which three quotes shall be obtained from
the contracting agency for the non bid item(s) in question."
This clause was inadvertently copied directly from another public agency's specifications and
contract. It incorrectly stated that Collier County's Purchasing Policy imposes a $3,000 cost
limit on non -bid items. Collier County Purchasing Policy does not impose such a limit.
Therefore staff recommends striking the sentence below to remove the contradiction.
A markup percentage was included in the original bid pricing, which was approved by the Board
and is fixed at fifteen percent (15 %). Operating departments anticipated that the line items
included and individually priced in the original solicitation represented approximately 90% of the
items needed to perform requested services, therefore, the County requested the materials
markup percentage from the bidding suppliers for any non -bid items. The proposed change will
not affect the cost of the contract.
Staff requests that the Board approves the use of the 15% markup included and priced in the
original ITB for any outstanding invoices upon presentment by the contractor of invoices for
payment of non -bid items.
FISCAL IMPACT: This item has no fiscal impact.
Packet Page -1882-
6/12/2012 Item 16.E.2.
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 approve Amendment #1 to Agreement 10 -5491 for Fiber
Optic Installation Maintenance and Repairs, authorizes its Chairman to execute the attached
amendment subject to final review by the Office of the County Attorney and approve retroactive
payment of pending invoices using the previously approved materials mark -up rate provided in
the ITB upon presentment by the contractor of invoices for payment of non -bid items.
Prepared by: Brenda Brilhart, Procurement Strategist/Purchasing Department
Attachments: Amendment 1
Packet Page -1883-
16 E2
EXHIBIT A -1 Contract Amendment # 1
AGREEMENT 10 -5491 - "Fiber Optic Installation, Maintenance and Repairs"
This amendment, dated -_�J'le 1'3— 2012 to the referenced agreement shall be by and
between the parties to the original Agreement, Aztec Communications of South Florida, Inc. (to
be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner").
Statement of Understanding
RE: Contract # 10 -5491 - "Fiber Optic Installation, Maintenance and Repairs"
In order to continue the services provided for in the original Contract document referenced
above, the Contractor agrees to amend the above referenced Contract as per the following:
On page 37 of the original ITB 10 -5491, which was incorporated by reference into the above
contract, remove the following language in Exhibit A "Scope of Services" (The deletions are
shown by strikethreugh&}
[i] Materials Not on Bid
Although every effort has been taken to include all work and materials necessary to accomplish
typical fiber optic installations and repairs on this bid, it may occasionally be necessary for the
contractor to incorporate materials or equipment not specifically listed herein to properly
complete a specific work activity. Contractors are permitted to apply a percent markup above
actual purchase and applicable shipping cost per unit for non -bid items. Sales tax, if paid by
the contractor, shall be added -in after calculating the marked -up purchase and shipping unit
cost. The formula for determining a final marked -up unit price shall be:
[(Item unit cost + Shipping for 1 unit) " (1 + Mark -up %)] + [tax on 1 unit] = Mark -up price
At any time when non -bid items are required for a work activity, the contractor shall obtain prior
approval from Collier County before incorporating the non -bid items into the final work product.
All non -bid items shall be new and of high quality, and shall meet minimum County or State
specification if one is applicable, and be listed on the State of Florida's Qualified Products List
( "QPL ") if it is possible and necessary for it to do so.
If the contracting agency possesses the requested non -bid item(s) and has them on hand
available for use, the contractor may be directed to utilize that equipment or material, and no
markup shall be charged for using the County's goods. Cost for rental equipment shall not be
marked up if such costs are invoiced to Collier County. In addition,
1291ir.y limits the pur-Ghasse of ne-n-bbid iternes tee $3,000 peF vendOF, per- bed, peF yeaF, afteF whiGh
three queter, shall be obtaiRed 49m the rentFaGting agenray for- the non bid item(s) iR qUeStWOR.
Collier County requires that invoicing for all non -bid items be accompanied by a copy of the
actual invoice for the item(s). Any invoice which references a non -bid item and does not have
the proper backup material attached will be rejected for payment.
All other terms and conditions of the agreement shall remain in force.
16E2
IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date(s) indicated below.
ATTESTS,, �^
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Scott R. Teach "
Deputy County Attorney
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First Witness
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econd Witness
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OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: W - co-ul
Fred W. Coyle, Chairman
CONTRACTOR
Aztek Communications of South Florida, Inc,
Signature
Typed signature and title
I:
cjuida
61
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