Backup Documents 01/12/2010 Item #16E10
MEMORANDUM
16[10
Date:
January 21, 2010
To:
Diana Deleon, Contracts Technician
Purchasing & General Services
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract: #08-5100 "Annual Contract for All Collier
County Printing and Copying Services"
Contractor: The PK Group, Inc. d/b/a Allegra
Enclosed please find one (1) original, as referenced above (Agenda Item
#16EI0), which were approved by the Board of County Commissioners
on Tuesday, Janaury 12,2010.
The Minutes & Records Department has retained an original for the
Board's Records.
If you should have any questions, please contact me at 252-8411.
Thank you.
Enclosures (I)
ROUTED TO:
L
?Q p,,; I': 'J'?
~ , " 'L
6[10
ITEM N~RC~1~)
FILE NO.:
..)rf';(A.: jJ it
DA TEi()~EfcEA\ymij\iEY
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: January 12, 2010
To: Jeff Klatzkow, County Attorney
From: Diana De Leon, Contract Technician
Purchasing Department, Extension 8375
IClCur~
./
Re: Assumption of Contract: #08-5100 "Annual Contract for All Collier
County Printing and Copying Services"
Contractor: The PK Group, Inc. d/b/a Allegra
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on January 12, 2010,
Agenda Item 16.E.10
This item has been previously submitted
ACTION REQUESTED:
Agreement review and approval.
OTHER COMMENTS:
C: Jack Curran, Purchasing
Please forward to the Chairman of the BCC for signature after
approval. If there are any questions concerning the document, please
contact me. Purchasing would appreciate notification when the
documents exit your office. Thank you.
"(" " /
\\.\ ):.\'j.S\ ~\v\\\O f /\ I(~I
~~\~'-\}~ \ tltJ V
Vk. ~ I ~~UJ- cl~d1U[V
16E10
MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM: Diana De Leon, Contract Technician
Purchasing Department
r. --
\.A..L'..........
.~
DATE: January 12, 2010
RE: Review Insurance for: "Assumption of Contract 08-5100 Annual
Contract for All Collier County Printing and Copying Services"
Contractor: The PK Group, Inc" d/b/a Allegra
This Contract was approved by the BCC on January 12, 2010, Agenda Item
16.E.10
Please review the Insurance Certificate for the above referenced contracts. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, will you advise me when it has been forwarded,
Thank you. If you have any questions, please contact me at extension 8375,
C: Jack Curran, Purchasing
DATE' RECEIVED
JAN , 3 2010
,RISK MMNAGfMENI
Ar;~'
4qy(C&
/-70-ID
16E10
mausen 9
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Wednesday, January 20, 20109:39 AM
DeLeonDiana
CurranJohn; mausen_g
Assumption of Contract 08-5100 Annual Contract for All Collier County Printing and Copying
Services"
All, I have approved the certificate of insurance provided by The PK Group, Inc" d/b/a Allegra for the Assumption of
Contract 08-5100 Annual Contract for All Collier Countv Printing and Copving Services. The contract will now be
forwarded to the county attorney's office for their review.
Thank you,
Ray
~~
Manager Risk Finanace
Office 239-252-8839
Cell 239-821-9370
Under Florida Law, e~mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
.
www,sunbiz.org - Department of State
16 Ff} 0
Home
Contact Us
E-Filing Services
Document Searches
Forms
Help
Pr!,.\'j!LU~_OJ1_IJ~! N!'l!!~n. Lisj R!'turo T()l.i~.!
IEntity Name Search
Submit I
No Events No Name Hislory
Detail by Entity Name
Florida Profit Corporation
THE PK GROUP, INC.
Filing Information
Document Number P09000064544
FEIIEIN Number NONE
Date Filed 07/29/2009
State FL
Status ACTIVE
Effective Date 08108/2008
DOMESTICATED
Principal Address
1801 GULFSHORE BLVD N, PH01
NAPLES FL 34102
Mailing Address
1801 GULFSHORE BLVD N, PH01
NAPLES FL 34102
Registered Agent Name & Address
KESSEN,PAULJ
1801 GULFSHORE BLVD N, PH01
NAPLES FL 34102
OfficerlDirector Detail
Name & Address
Title D
KESSEN,PAULJ
1801 GULFSHORE BLVD N, PH01
NAPLES FL 34102
Title D
KESSEN, PAMELA L
1801 GULFSHORE BLVD N, PH01
NAPLES FL 34102
Annual Reports
No Annual Report. Filed
Document Images
07/29/2009 "DQmestic Profit
View image in PDF format
http://www.sunbiz,org/scripts/cordetexe?action=D ETFIL&inCL doc _ number=P09000064... 12/11/2009
~.sunbiz.org - Department of State
Page 2 of2
l6E10
IINote: This is not official record. See documents if question or conflict:]
P~~Vi()_LJ~ _ .QIJ. ~J~_t
jIj~xt em .b~t R~tYm I9J..ist
No Events
No Name History
I Entity Name Search
Submit I
I Home I Contact LIS I Document Searches I E-Filing Services I Forms I Help I
Copvright and Privacy Policies
Copyright @ 2007 State of Florida, Department of State.
http://www.sunbiz.org/scripts/cordct.exe?action=D ETF[L&in~ doc _ number= P09000064... [2/I [/2009
Administrative Services Division
Purchasing Department
~ COmER COUNTY GOVERNMENT
Purchasing Building
3301 E. Tamiami Trail
Naples, Florida 34112
Telephone: 239/252-6098
FAX: 239/252-6596
www.Colliergov.nel
EmaiI: JackCurran@coIliergov.net
26E10
November 18, 2008
Naples Printing, Inc,
3930 Domestic A venue
Naples, FL 34104
Re: Letter of Understanding
Dear Mr, Michael J, Couture,
As per a mutual agreement between Collier County, hereinafter called the "County" and
Naples Printing, Ine., hereinafter called the "Contractor", this Letter of Understanding shall be
made a component of the attached Purchase Order for the services described as follows:
Statement of Work:
The Contractor shall provide printing and copying services as well as olher services as may be
requested in writing by the County as follows:
I. Printing and copying services,
II, Upon review and approval of the invoice(s) by the Department Director or their designee, the
bill will be sent to the Clerk of Courts Finance Department. Payment will be made upon receipt
of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the
"Florida Prompt Payment Act",
Ill, Additional services as required shall be mutually agreed upon in writing by the Department
Director or their designee, and Contractor.
IV. Term:
The contract shall be for a one (1) year period, commencing on date of award by the Board of
County Commissioners, and terminating one year from that date in 2009. The County reserves
the right to renew said contract with consent of the Contractor for an additional two (2) two (2)
year contract period under the same terms and conditions.
16E10
V. No partnership: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent
of the County,
VI. Permits, Licenses, Taxes: In compliance with Section 218.80, Fla, Stats, all permits necessary
for the prosecution of the Work shall be obtained by the Contractor. Payment for all such
permits issued by the County shall be processed internally by the County. All non-County
permits necessary for the prosecution of the Work shall be procured and paid for by the
Contractor, The Contractor shall also be solely responsible for paymenl of any and all taxes
levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations
and laws of Collier County, the Stale of Florida, or the U, S. Government now in force or
hereafter adopted, The Contractor agrees to comply with all laws governing the responsibility
of an employer with respect to persons employed by the Contractor.
VII. Termination: Should the contractor be found 10 have failed to perform his services in a
manner satisfactory to the County as per the specifications and requirements of this Agreement,
the County may terminate said agreement immediately for cause; further the County may
terminate this Agreement for convenience with a seven (7) day written notice, The County shall
be sole judge of non-performance,
VIII, No Discrimination; The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin,
IX. Insurance: The Contractor shall provide insurance as follows:
A, Commercial General Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limil for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and Completed
Operations and Contractual Liability. (Occurrence Form) patterned after the 1985 I.S.o. form
with no limiting endorsements.
B. Workers' Compensation: Insurance covering all employees meeting
Statutory Limits in compliance with the appl'icable state and federal laws.
C. Professional Liabilitv: Coverage shall have minimum limits of
$500,000.
D. Automobile Liabilitv: Coverage shall have minimum limits of $500,000.
Special Requirements: Collier County shall be listed as the Certificate Holder and included as
an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates
shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day
notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
2
16E t.,
Contractor shall provide County with certificates of insurance meeting the required insurance
provisions.
Indemnification: To the maximum extent permitted by Florida law, consultant shall indemnify
and hold harmless owner, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
consultant or anyone employed or utilized by the consultant in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an indemnified party or
person described in this paragraph,
This section does nol pertain to any incident arising from the sole negligence of Collier County,
County and Contractor agree that this Letter of Understanding is the product of mutual
negotiation between County and Contractor,
If you have any questions, please contact me at 239/252-6098.
Sincerely,
D
,"~
.' 0
/ Purchasing Agent
{J
Enclosure
Cc: Steve Carnell, Director
Purchasing Department
3
ASSUMPTION AGREEMENT
16E10
This Assumption Agreement is made and entered into as of .Ja.hU,<tr"1 (2-,2010, by
and between The PK Group, Inc. d/b/a Allegra ("Allegra") and Collier County, a political
subdivision of the State of Florida ("County"),
WHEREAS, on November 18, 2008, the Collier County Board of County Commissioners
entered into an Agreement with Naples Printing, Inc. ("Naples Printing"), for an annual contract
for all Collier County printing and copying services (attached hercto as Exhibit A, and
hereinafter referred to as the "Agreement"); and
WHEREAS, Allegra hereby represents to Collier County that by virtue of an asset
purchase agreement Allegra is the successor in interest to Naples Printing, in relation to the
Agreement; and
WHEREAS, the parties wish to formalize Allegra's assumption of rights and obligations
under the Agreement 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:
I. Allegra accepts and assumes all rights, duties, benefits, and obligations of the
Contractor under the Agreement, including all existing and future obligations to pay and perform
under the Agreement
2. Allegra will promptly deliver to County evidence of insurance consistent with
Section IX of the Agreement
3. Except as expressly stated, no further supplements to, or modifications of, the
Agreement are contemplated by the parties.
4. Notice required under the Agreement to be sent to Contractor shall be directed to:
CONTRACTOR:
The PK Group, Inc. d/b/a Allegra
Attention: Paul J. Kessen
3930 Domestic Avenue
Naples, FL 34104
5. The County hereby consents to Allegra assumption of the Agreement No
waivers of performance or extensions of time to perform are granted or authorized. The County
will treat Allegra as the Contractor for all purposes under the Agreement.
I
16E10
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
COLLIER COUNTY:
ATTEST:
,h)lW,IaHr<fij BROCK, Clerk
h{?\ ~:; .,~:.. (
:~~~~
: Att.'s~Ul~,...
41ll1llture.,an I ·
, . ; ~;' ~ \ .l
:~::K Gr:up;~c. d7j Allegra
--By: j I~ i i\ ./1~.
Paul J. Kessen
;/ <Ii 7- 1/ I Cl
I /
Date:
nd legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
()
II J / -
"fh .;:U&
Donna Fiala' CHAIRMAN
Attest:~~ .;(" k~___
Corporate Secretary
Date: / / '1/,;( 6f 0
I /
Item# I ~8o
~~:da ho
~ted ~1t ~lt)
2
0
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 KR I DATE {MMiDDIYYYYI
ALLEG-3 01/11/10
PRODUCER THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION
ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE
Oswald Trippe and Company, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
p, O. Box 60139 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ft. Myers E'L 33906-6139
Phone: 239-433-4535 Fax: 239 -433-4148 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A Bankers Insurance Company 33162
I~JSURER B Hartford Insurance Company 19628
~~e~ra Print & Imaging --
The K Group rnc INSURER C US Liability Insurance
3930 Damest1c Avenue INSURER 0
Nap1es E'L 34104
INSURER E
16E1
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTvVITHSTANJING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VYHICH 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. AGGREGATE LIMITS SHOVI'N MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR NSRe TYPE OF INSURANCE POLICY NUMBER '"DATE (MMlDDrvY) 'DATEr (MMJDDIYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
A X X COMMERCIAL GENERAL LIABILITY 090004979337600 09/15/09 09/15/10 c $100,000
PREMISES (Ea occurence)
I CLAI\ilS I\tAOE ~ OCCUR MED EXP (Anyone persO.1) .5,000
PERSONAL & MJV INJURY $1,.000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $1,000,000
II .nPRO. nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
B X AW AUTO 21UECJB1094 09/15/09 09/15/10 (Ea ace dent) $1,000,000
-=-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODILY INJURY
,
~ NON-OWNED AUTOS (Peracc,dent)
-
PR:JPERTY DAMAGE $
(per accident)
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $
~ ANY AUTO OTHER THf>..N EJ\ACC $
AUTO ONLY AGG $
EXCESS/UMBRELLA LIABILITY EJ\CH OCCURRENCE ,
~ OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
----
RETENTION $ ,
WORKERS COMPENSATION AND X IrO'R\tIMI'TS I jUcR
EMPLOYERS' LIABILITY 21WECZH4349 09/15/09 09/15/10
B ANY PROPRIETOR/PARTNER/EXECUTIVE E L. EACH ACCOENT $ 500 ,000
OFFICER/MEMBER EXCLUDED? E L. DISEASE - EA EMPLOYEE $500,000
Hyes, describe under $ 500,000
SPECIAL PROVISIONS below E L. DISEASE- POLICY LIMIT
OTHER
C Printers E&O SP1018411 09/15/09 09/15/10 Per Cl.aim $1,000,000
Aggreqate $1,000,000
DESCRIPTION OF OPERA. TIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Collier County Board of County Commissioners is an additional insured for
Commercial General Liability only as their interest may appear.
CERTIFICATE HOLDER CANCELLATION
COL3 3 0 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10
DAYS WRITTEN
Collier County Board
of County Commissioners
3301 East Tamiami Trail
Naples FL 34112
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BlIT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LiABILITY OF ANY KIND UPON T1-lE INSURER, n-s AGENTS OR
REPRESENTATIVES.
AUTHOR EPRESENTAT
ACORD 25 (2001/08)
~
@ACORDCORPORATION1988
16E :.~
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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)
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORO 25 (2001/08)