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#09-5325 Assumption Agreement (Simmonds)ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of i . 2012. by and between Simmonds Electrical of Naples. Inc. ( "Simmonds Electrical "), and Collier County. a political subdivision of the State of Florida ("County"). collectively stated as the ("Parties"). WHEREAS, on January 12, 2010. the County entered into Contract 09 -5325 "On -Call Electrical Repairs and New Installations" with E.B. Simmonds Electrical, Inc. ( "E.B. Simmonds") (attached hereto as Exhibit A -1, and hereinafter referred to as `'Agreement No. 1 "); and WHEREAS, on November 9, 2010, the County entered into Contract 10 -5503 "Installation and Maintenance of Traffic Signals and Roadway Lighting" with E.B. Simmonds (attached hereto as Exhibit A -2, and hereinafter referred to as "Agreement No. 2 "), and WHEREAS. on September 13, 2011 the County entered into Contract 11 -5747 "North County Regional Water Treatment Plant (NCRWTP) Main Electrical Switchgear Replacement" (Project #70069.6) with E.B. Simmonds (attached hereto as Exhibit A -3, and hereinafter referred to as "Agreement No. 3 "); and WHEREAS, Simmonds Electrical hereby represents to Collier County that by virtue of an asset purchase agreement. Simmonds Electrical is the successor in interest to E.B. Simmonds, in relation to the Agreements, and WHEREAS, the Parties wish to formalize Simmonds Electrical's assumption of rights and obligations under Agreement No. 1. Agreement No. 2, and Agreement No. 3, 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: The foregoing Recitals are true and correct and are incorporated by reference herein. 2. Simmonds Electrical accepts and assumes all rights, duties, benefits, and obligations of the Contractor under Agreement No. 1, Agreement No. 2, and Agreement No. 3, including all existing and future obligations to pay and perform under the Agreements. 3. Simmonds Electrical will promptly deliver to County evidence of insurance consistent with Agreement No. 1, Agreement No. 2, and Agreement No. 3. 4. Except as expressly stated, no further supplements to, or modifications of; Agreement No. 1, Agreement No. 2, and Agreement No. 3 are contemplated by the Parties. 5. Notice required under the Agreements to be sent to the contractor shall be directed to: Page 1 of 2 Assumption EB Simmonds/Simmonds Electrical CONTRACTOR: Simmonds Electrical of Naples, Inc. 3750 Enterprise Ave., #300 Naples, FL 34104 -3659 Attention: Eugene Bernard Simmonds 6. The County hereby consents to Simmonds assumption of Agreement No. 1, Agreement No. 2, and Agreement No. 3. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Simmonds Electrical as the Contractor for all purposes under the Agreements. Except as provided herein, all other terms and conditions of Agreement No. 1, Agreement No. 2, and Agreement No. 3 remain in full force and effect. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. AS TO COUNTY: ATTEST: a, DWIGHT, 5.- bR.00k;1, -rk k. By: ,w AMA 34� }��uty Clerk AS TO SIMMONDS ELECTRICAL: WITNESSES: � , :�� Print Name: Kim Sasak N P i la Elman Name: y App ve of to form and aal dfrctTncv Jeffrey,A. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIR N 0 Page 2 of 2 Assumption EB Simmonds /Simmonds Electrical BOARD RESOLUTION OF SIMMONDS ELECTRICAL OF NAPLES INC APPOINTING EUGENE BERNARD SIMMONDS AS PRESIDENT. DULY PASSED ON JANUARY 2 2012 APPOINTMENT OF EUGENE BERNARD SIMNIONDS AS PRESIDENT BE IT RESOLVED, that Eugene Bernard Simmonds is selected to the office of President to serve until his successor shall be duly elected, unless he resigns, is removed from office or is otherwise disqualified from serving as an officer of this Corporation. BE IT RESOLVED FURTHER, that Eugene Bernard Simmonds is hereby authorized to do and perform such acts, including the execution of any and all documents, contracts and certificates as he deems necessary or advisable to carry out the purposes and intent of the foregoing resolution and to conduct the business of this Corporation. BE IT RESOLVED FURTHER that any actions taken by Eugene Bernard Simmonds prior to the date of the foregoing resolutions adopted hereby that are uithin the authority conferred thereby are hereby ratified, confirmed and approved as the acts and deeds of this Corporation. IT IS HEREBY CERTIFIED by the undersigned that the foregoing resolution was duly passed by the Board of Directors of the above -nam Company this 2°d day of January, 2012, in accordance with the By -Laws an¢ Articles of Inc tporation of this Corporation and that said resolution is in full force and effe t. So Certified: Director www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Coruoration SIMMONDS ELECTRICAL OF NAPLES INC. Filing Information Document Number P11000102120 FEI /EIN Number NONE Date Filed 11/2912011 State FL Status ACTIVE Principal Address 1014 BROAD AVE. NORTH NAPLES FL 34102 Mailing Address 1014 BROAD AVE. NORTH NAPLES FL 34102 Registered Agent Name & Address PARRISH, JON 3431 PINE RIDGE RD. 101 NAPLES FL 34109 US Officer /Director Detail Name & Address Title P SIMMONDS ELECTRICAL, LLC 1014 BROAD AVE. NORTH NAPLES FL 34102 Annual Reports No Annual Reports Filed Document Images 11/29/2011 -- Domestic Profit View image in;PDF format Document Searches Form Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List No Events No Name History Home I Contact us I Document Searches I E- Filinq Services I Forms I Help Coovright© and Privacy Policies State of Florida, Department of State s Help Entity Name Search Submit,., Entity Name Search Submit Page 1 of 1 http: / / www.sunbiz.org/ scripts /cordet.exe ?action= DETFIL &inq_doc_ number =P 11000102... 12/27/2011 www.sunbiz.org - Department of State Home Contact Us E- Filing Services Previous on List Next on List Return To List No Events No Name History Detail by Entity Name Florida Limited Liabilitv Comoan SIMMONDS ELECTRICAL, LLC Filing Information Document Number L11000134546 FEI /EIN Number NONE Date Filed 11/29/2011 State FL Status ACTIVE Principal Address 1014 BROAD AVENUE NORTH NAPLES FL 34102 Mailing Address 1014 BROAD AVENUE NORTH NAPLES FL 34102 Registered Agent Name & Address PARRISH, JON D 3431 PINE RIDGE RD 100 NAPLES FL 34109 US Manager /Member Detail Name & Address Title MGRM PATRICK SIMMONDS 1401 BROAD AVE. N NAPLES FL 34102 Annual Reports No Annual Reports Filed Document Imaaes Document Searches Forms Help 11/29/2011 -- Florida Limited Liability I View image in PDF format Note: This is not official record. See documents if question or conflict Previous on List Next on List Return To List No Events No Name History Home I Contact us I Document Searches I E- Filinq Services I Forms ( Help Convriqht© and Privacv Policies State of Florida, Department of State Entity Name Search Submit; Entity Name Search Submit Page 1 of 1 http: / /www.sunbiz.org/ scripts /cordet.exe ?action= DETFIL &inq_doc_ number =L 11000134... 12/27/2011 Client#: 68749 SIMEL1 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 01/0612012 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 Gulfshore Insurance, Inc. 4100 Goodlette Road North CONTACT Erin Mitchell NAME: PHONE 239 659 -7286 FAX 239 213 -2814 AIC No Ext : A/C, No E -MAIL itchell ulfshoreinsurance.com ADDRESS: emitchell@gulfshoreinsurance.com Naples, FL 34103 -3303 239 261 -3646 INSURER(S) AFFORDING COVERAGE NAIC # NsuRERA: FCCI Insurance Company $1,000,000 INSURED Simmonds Electrical of Naples, Inc. 1014 Broad Ave N INSURER B: MED EXP (Any one person) INSURER C PERSONAL & ADV INJURY $1,000,000 Naples, FL 34102 -8103 INSURER D: $2,000,000 INSURER E PRODUCTS - COMP /OPAGG INSURER F : $ COVERAGES CERTIFICATE NUMBER: 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. LTRR TYPE OF INSURANCE NSR WVD POLICY NUMBER MM /DDY� MM /DDY EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F7X OCCUR X PD Ded:500 X X GLOO1266701 1/0312012 011031201 EACH OCCURRENCE $1,000,000 PRAEMISES Ea occurrence $100,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC PRODUCTS - COMP /OPAGG $2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NOTOSWNED X X CA0019560 12/0812011 12/08/201 (CEO ac.d.n SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X - UMB001347101 1/03/2012 01/031201 EACH OCCURRENCE s2,000,000 AGGREGATE s2,000,000 DED F X RETENTION$0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE Y / N OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A X 001 WCATBD 11 03/2012 01/03/201 X TORY LIMIT OTH- ER E.L. EACH ACCIDENT $5OO OOO E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) For any and all work performed on behalf of Collier County. Collier County Board of County Commisioners is named as Additional Insured on a primary basis as respects to General Liability only as needed by contract, perform CGLO88 0710 includes Waiver of Subrogation. Includes ongoing and completed operations. Additional Insured and Waiver of Subrogation in favor of the Certificate Holder with respects to Automobile Liability per form CA7171 0508. Waiver of Subrogation under (See Attached Descriptions) Collier County Board of C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3299 Tamiami Trail East Naples, FL 34112 ' AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S527040/M527039 EMM DESCRIPTIONS (Continued from Page 1) Workers Compensation in favor of Certificate Holder as needed by contract per WC000313 0484. The Umbrella extends the limits of the General Liability, Automobile Liability, and Employers Liability. SAGITTA 25.3 (2010/05) 2 of 2 #S527040/M527039 EXHIBIT A -1 A G R E E M E N T 09-5325 for On -Call Electrical Repairs and New Installations is s THI AGREEMENT, made and entered into on this ! a� day of ahuzar-�1 20y0, by and between E. B. Simmonds Electrical, Inc., authorized to do business in the State of Florida, whose business address is 3750 Enterprise Avenue, #300, Naples, Florida 34104 -3659 hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County ": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on January 9, 2010, and terminating on January 8, 2012. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall provide on -call electrical repairs and new installations in accordance with the terms and conditions of Bid #09 -5325 and the Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 2.1 Regular service shall be made available between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, excluding County recognized holidays. All other hours shall be considered overtime and charged at the appropriate rate of time and one half. Work completed on County recognized holidays, Saturday and Sunday shall also be considered at the overtime rate of time and one half. 2.2 The Contractor may be required to do emergency repairs at times other than normal working hours. The Contractor shall be in a position to be available on a twenty -four (24) hour basis, three hundred sixty -five (365) days per year for such emergency work. Page 1 of 8 The Contractor shall supply the County with an emergency on -call telephone number and the same (or different telephone number) for routine repairs /new installation. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Quotes may be time and material, in accordance with Exhibit A, Charges, or lump sum. For work estimated to be less than $50,000: the user department may select one of the vendor(s) on contract, quote out the work among all vendor(s) on contract, or competitively solicit for new quotes. For work estimated to be greater than $50,000 and less than $500,000: the user department may quote out work among the vendor(s) on contract, or, may conduct a separate new solicitation. In no case may a single repair or new installation job exceed $500,000. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: E. B. Simmonds Electrical, Inc. 3750 Enterprise Avenue, #300 Naples, Florida 34104 -3659 Attention: E. B. Simmonds, President Telephone: 239 -643 -2770 Facsimile: 239- 643 -6873 All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: 09 -5325 On -Call electrical Repairs and New Installations Page 2 of 8 Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing /GS Director Telephone: 239- 252 -8371 Facsimile: 239 -252 -6584 The Contractor and the County may change the above mailing address at ' any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. 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. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., 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 payment 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 State 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. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Contractor be found to have. failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement 09 -5325 On -Call electrical Repairs and New Installations Page 3 of 8 for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Government 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subContractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, 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 the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This 09 -5325 On -Call electrical Repairs and New Installations Page 4 of 8 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 not pertain to any incident arising from the sole negligence of Collier County. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Purchasing Department. 14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those servicea.' 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, Bid #09 -5325 Specifi- cations /Scope of Services, Addendum and Exhibit A, Rate Sheet. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 09 -5325 On -Call electrical Repairs and New Installations Page 5 of 8 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS /SERVICES. Additional items and /or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Contractor.. - 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this .Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 09 -5325 On -Call electrical Repairs and New Installations Page 6 of 8 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 and year first above written. ♦ t Drck,erk of Courtsr BR 7 � Me f nn4w I- i�4R� We 00 0 Firs Witness BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA By. Ire -r+.c Donna Fiala, Chairman E. B. Sfinmonds Electrical Inc. Contractor By: ign ture Dijana Foley TType /print witness nameT E. B. Simmonds, President 0, n. �N — .0-- cond Witness John Harhen TType /print witness nameT Approved as to form and leaaT-,Rifficiencv­--, A� County Attorney Se, # R 4.v e Print Name 09 -5325 On -Call electrical Repairs and New Installations Page 7 of 8 EXHIBIT A Rate Sheet Items Price to County Material % Markup (material + % markup = price to County) 10% Sub - contractor % Markup 10% (subcontractor cost + % markup = price to County (note: use of subcontractors are limited to no more than 20% of the entire work) Ditch Witch per Hour (Upon arrival at site) $30.00 /hour Journeyman Electrician per Hour (straight time) $50.00 /hour Apprentice Electrician per Hour (straight time) $45.00 /hour Electrician's Helper per Hour (straight time) $35.00 /hour General Laborer per Hour (straight time) $18.00 /hour Bucket Truck Operator per Hour (straight time) $50.00 /hour 40 Foot Bucket Truck per Hour $40.00 /hour 60 Foot Bucket Truck per Hour $35.00 /hour 80 Foot Bucket Truck per Hour $85.00 /hour 120 Foot Bucket Truck per Hour $140.00 /hour 40 Foot Bucket Truck Minimum # of Hours 2 60 Foot Bucket Truck Minimum # of Hours 2 80 Foot Bucket Truck Minimum # of Hours 2 120 Foot Bucket Truck Minimum # of Hours 4 09 -5325 On -Call electrical Repairs and New Installations Page 8 of 8 Client #• 36782 ACORD- CERTIFICATE OF INSURANCE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR LIABILITY 12/02=09""""' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 Goodlette Road North Naples, FL 34103 -3303 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS A 239 261-3646 INSURERS AFFORDING COVERAGE NAIC # INSURED E. B. Simmonds Electrical, Inc. 3750 Enterprise Ave., #300 Naples, FL 34104 INSURER A: Amerisure Insurance Company 06/30/10 INSURER a Brldgefleld Employers Insurance $1 000 000 INSURER C DAMAGE TO RENTED S Me occurrence) INSURER D: INSURER E COMMERCIAL GENERAL LIABILITY COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE O POLICY EXPIRATION DATE LIMITS A X GENERAL LIABILITY GL2O52102 06/30/09 06/30/10 EACH OCCURRENCE $1 000 000 X DAMAGE TO RENTED S Me occurrence) s30O OOO COMMERCIAL GENERAL LIABILITY CLAIMS MADE 5x1 OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2 OOO 000 GEML AGGREGATE UMIT APPLIES PER: PRODUCTS - COMP/10P AGG s2,000,000 POLICY PERO- LOO A AUTOMOBILE LIABILITY X ANY AUTO CA2052098 06/30/09 06130/10 (Ea accident) SINGLE LIMIT $1,000,000 BODILY INJURY (per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X HIREDAUTOS X NON-0WNEDAUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN Eq AOC $ ANY AUTO $ AUTO ONLY: AGG A EXCESSIUMBRELLA LIABILITY X1 OCCUR F-� CLAIMS MADE CU2052103 06/30/09 06/30/10 EACH OCCURRENCE s2,000,000 AGGREGATE $2,000,000 $ R DEDUCTIBLE $ X RETENTION so B WORKERS COMPENSATION AND 83015343 04/01109 04/01/10 �( OR I IMIT EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFRCERIMEMBER EXCLUDED? SPECIAL scribe ROVISIONS below r, EACH ACCIDENT $500 000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L DISEASE - POLICY LIMIT. s500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Contract #09 -5325 "On -Call Electrical Repairs and New installations" Collier County Board of County Commissioners is Named as Additional Insured on a primary basis as respects to General Liability Only as needed by contract, per form CG7048 0304 includes Waiver of Subrogation per CG7049 0905. The Umbrella extends the limits of the General Liability, Automobile Liability, and Employers Liability. Collier County Board of County Commissioners Purchasing Department 3301 Tamlaml Tr E Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 $O SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AI:UHU 20 (-LUU1 /Utf) 1 Of 2 #S387993/M383120 ,JpE 8 ACORD CORPORATION 1988 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. C o le' r C04414ty Administrative Services Division Purchasing October 18, 2011 Mr. E.B. Simmonds President E.B. Simmcnds Electrical, Inc. 3750 Enterprise Avenue, #300 Naples, FL 34104 -3659 Fax: 643 -6873 Email: lyne@ebsimmondselectrical.com RE: Renewal of Contract; 09 -5325 "On -Call Electrical Repairs S New Installations" Dear Mr. Simmonds: Collier County would like to renew the above agreement under the same terms and conditions for one (1) additional year in accordance with the renewal clause in the agreement. If you are agreeable please indicate your intentions by providing the appropriate information as requested below: I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. The following attached documentation must be provided with response. I am not agreeable to renewal of this contract. By your signature this contract will be in effect from January 11, 2012 until January 10, 2013. Pumhawg0 rner>t• 3327 Tamiami Trail East • Naples. Florida 34112 -4901 . www,colt ev.neJpurchasing Page 2 of 2 RE: Renewal of Contract #09 -5325 "On -Call Electrical Repairs & New Installations" Please return this letter to the Purchasing Department with your response as soon as possible. If you have any questions you may contact me at 239 - 252 -6020, email brendareaves(5=1liergov.net and fax 239- 252 -6592 or 239- 732 -0644. Best regards, Step#eY. Cc- rneII Director — Purchasing /General Services C: Dennis Linguidi, Facilities Mgmt.