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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 Packet Page -1972- 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 Packet Page -1973- 2/12/2013 16.D.15. Name: Isacksonl Aark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 1/30/2013 11:33:31 AM Packet Page -1974- 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. 1 Packet Page -1975- 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 2 Packet Page -1976- TWO WITNESSES: FIRST WITNESS Type /Print Name SECOND WITNESS Type/Print Name 2/12/2013 16.D.15. COMCAST OF THE SOUTH, INC. 3 Packet Page -1977- Type/Print Name and Title