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Agenda 11/12/2013 Item #16E 8n 11/12/2013 16.E.8. EXECUTIVE SUMMARY Recommendation to approve an Assumption Agreement with Orlando Telephone Company, Inc., d/b/a Summit Broadband, as It relates to Contract #11 -6606 to provide voice and data communication services. OBJECTIVE: To complete the assignment of the agreement from the original parry, US Metropolitan Telecom, LLC ( "US Metro "), to Orlando Telephone Company, Inc., d /b /a Summit Broadband ( "Summit Broadband ") as it relates to Contract #11 -5606 Voice and Data Communication Services. CONSIDERATIONS: The proposed Assumption Agreement assigns all rights,. duties, benefits, and obligations of the Consultant under Contract #11 -5606 "Voice and Data Communication Services" dated December 13, 2011 (Agenda Item 16.E.2) and its relevant amendment from Metropolitan Telecom, LLC ( "US Metro "), to Orlando Telephone Company, Inc., d /b/a Summit Broadband ( "Summit Broadband "). The Information Technology (IT) department utilizes the services provided under this Contract to provide voice and data communication services, at present, to ten (10) County facilities. Following a merger agreement by both entities, US Metro changed its name to Summit Broadband. County staff was notified on October 3, 2013, of the name change which became effective on October 1, 2043. Following the Procurement Administration Procedures, staff has acquired the necessary documents from Summit which have been reviewed and approved by the County Attorney's staff. The Purchasing Department is recommending approval of the assumption of this Contract by the new firm Summit Broadband. FISCAL IMPACT: There is no direct fiscal impact. Budget for any and all expenditures made under the contract are provided for in various projects and /or cost centers throughout the County. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - ERP RECOMMENDATION: That the Board of County Commissioners acknowledges and approves the name change as it relates to Contract #11 -5606 Voice and Data Communication Services and authorizes the Chairman to sign the proposed Assumption Agreement. PREPARED BY: Diana DeLeon, CPPB, Contracts Technician, Purchasing Department Attachments: Contract #11 -5606 Amendment #1 to Contract #11 -5606 Name Change Announcement Proposed Assumption Agreement Packet Page -2747- 11/12/2013 16.E.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.8. Item Summary: Recommendation to approve an Assumption Agreement with Orlando Telephone Company, Inc., d /b /a Summit Broadband, as it relates to Contract #11 -5606 to provide voice and data communication services. Meeting Date: 11/12/2013 Prepared By Name: DeLeonDiana Title: Contracts Technician, Purchasing 10/17/2013 3:49:12 PM Submitted by Title: Contracts Technician, Purchasing Name: DeLeonDiana 10/17/2013 3:49:13 PM Approved By Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 10/17/2013 4:29:30 PM Name: DeLeonDiana Title: Contracts Technician, Purchasing Date: 10/18/2013 8:22:54 AM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 10/21/2013 7:13:32 AM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 10/21/2013 10:44:54 AM Packet Page -2748- 11/12/2013 16.E.8. Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 10/21/2013 1:45:36 PM Name: PriceLen Title: Administrator, Administrative Services Date: 10/21/2013 5:28:43 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Manag Date: 10/22/2013 1:11:04 PM Name: KlatzkowJeff Title: County Attorney Date: 10/23/2013 2:27:22 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 10/31/2013 2:50:31 PM Packet Page -2749- 11/12/2013 16.E.8. ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of , 2C_, by and between Orlando Telephone Company, Inc., d/b /a Summit Broadband ( "Summit "), and Collier County, a political subdivision of the State of Florida ( "County "). WHEREAS, on December 13, 2011, the County awarded a contract under Request for Proposal #11 -5606 "Telecommunications Voice and Data Services" with US Metropolitan Telecom, LLC ( "US Metro") (attached hereto as Exhibit A, and hereinafter referred to as the "Agreement "); and WHEREAS, on February 6, 2013, the parties entered into an Amendment to the Agreement which replaced Exhibit A of the Agreement and updated the pricing (attached hereto as Exhibit B, and hereinafter referred to as the "Amendment "); and WHEREAS, Summit hereby represents to Collier County that by virtue of a company merger agreement, Summit is the successor in interest to US Metro in relation to the Agreement and Amendment; and WHEREAS, the parties wish to formalize Summit's assumption of rights and obligations under the Agreement and Amendment, 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: Summit and County hereby enter into and ratify the Amendment as set forth in Exhibit B. 2. Summit accepts and assumes all rights, duties, benefits, and obligations of the Consultant under the Agreement and Amendment, including all existing and future obligations to pay and perform under the Agreement and its Amendment. 2. Summit will promptly deliver to County evidence of insurance consistent with the Agreement. 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement and Amendment are contemplated by the parties. 4. Notice required under the Agreement to be sent to Consultant shall be directed to: CONSULTANT: Orlando Telhone Company, Inc., d/b /a Summit Broadband 4558 SW 35 Street Orlando, FL 32811 Phone: 239 -444 -1041; E -mail: care @summit - broadband.com Attention: Frank B. Mambuca Packet Page -2750- CA 11/12/2013 16.E.8. 5. The County hereby consents to Summit's assumption of the Agreement and its Amendment. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Summit as the Consultant for all purposes under the Agreement and its Amendment. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. FOR COLLIER COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Deputy Clerk FOR Orlando Telephone Company, Inc. d/b /a Summit Broadband: Un Typed/Written Name and Title Date: Approved as to form and legali By: Emily R. Pepin Assistant County Attorney Georgia A. Hiller, Esq., Chairwoman Attest: r Typed/Written Name Date: 2 Packet Page - 2751 -„� Ljfi EXHIBIT A SERVICE ORDER 11/12/2013 16.E.8. US Metropolitan Telecom, LLC 24017 Production Circle Bonita Springs, FL 34135 Date of Issuance: Private Line Account Manager: Ethernet - VPLS [X] CUSTOMER INFORMATION J Voice PRI Services fi, -lFSj �,� F [ Customer Dame: Collier County Board of Billing Name: Collier County Board of County Countv Commissioners Commissioners Customer Address: 3299 Tamiami Trail East Billing Address: 3299 Tamiami Trail East y 'il�ad�at�jr,��,^���K*�;� Suite 600 s #`�`S.,l���a"`a�, Suite 600 City: Naples City: Naples - State: Florida State: Florida ZIP: 34112 ZIP: 34112 Federal Tax Identification/Social Security Number: • Contact Name: Mike Bemos Technical Contact: Rob Lincoln Billing Contact Elsa Reza Contact Phone: 239- 252 -8334 Technical Phone: 239- 252 -8771 Baling Phone: 239- 252 -6274 Contact Fax: 239- 252 -6303 Technical Fax: 239- 252 -6326 Billing Fax: 239- 252 -6326 Contact E- mail: mikeberriosOcolliergov.net Technical E -mail: roblmcoln@mUiergov.net Billing E -mail: elsareza0colliergov net ORDFRR SIJMMARY• [) Private Line (XJ Ethernet - VPLS [X] I Internet Access J Voice PRI Services DOCUMENT SO- 2M 1CCG­ US Metropolitan Telecom, LLC 2011 Page 1 of 6 Packet Page -2752- , �'rW, atrr e,.� 3 4 ..ice I moo. Y E�i:F' -1� ��^' fi, -lFSj �,� F [ !few 5kiiM'Yf W�wU".y'✓�t Wf� i i't C2 � t.. �. ���.. sa' �'' t�ii6��. vra��Pi���4�9� y 'il�ad�at�jr,��,^���K*�;� #,� t'�t, --¢¢�° �.§ � g�, T�fI•� #7i,` ��,��" �, s #`�`S.,l���a"`a�, 1 •• • See Exhibit A © ! Mbps Ethernet Services • © ! Mbps s. �" :—Nonrecurring Charge: ! ! Contract �12� DOCUMENT SO- 2M 1CCG­ US Metropolitan Telecom, LLC 2011 Page 1 of 6 Packet Page -2752- Lis�',,,, „a.,,r SIGNATURES: Customer: Collier County Board of County Commissioners By: W Name: Fred W. Coyle Title: Chairman ! Date, TES'i.3' r g Ri'•c�ick �Ierk96 Courts y y.� j� r•.� iMi�j •P`1 legal s fficiency: �ounty Attorney r Ste.► ,� � � Print Name DOCUMENT SO.2011CCGoc US Metropolitan Teiecmn, LLC 2011 11/12/2013 16.E.8. US Metropolitan Telecom, LLC 24017 Production Circle Bonita Springs, FL 34135 US Metropolitan Telecom, LLC By: -� Name: Brad Dancer Title: Member Date: _ / + // ^ // Page 2 of 6 Packet Page -2753- ...._ /0-**, U'S r' L. GENERAL. These terms and conditions apply to the delivery of telecommunications and related services ( "Services ") by US Metropolitan Telecom 11C ("US Metro "), to Customer under rates, terns and conditions of this Service Agreement and Addendums. The Terms and Conditions section of this agreement must be signed by both US Metro and the Customer. The specific Services are listed in the Service Order, Order Summary section, and signed by US Metro and the Customer as well. This Agreement shall be governed and construed in accordance with the laws of the State of Florida without reference to conflicts of law provisions. 2 USE OF SERVICE. Except as provided herein, Customer may use Services for any lawful purpose consistent with US Metro's then current acceptable use and privacy policies, provided such use does not interfere with any services being provided on or impair the privacy of communications on the US Metro network 3. INSTALLATION, ACCEPTANCE, AND ACCESS. US Metro will make best effort to provide Service by Requested Due Date designated on the Service Order form, but will not be liable for any delays in Service delivery. Should the Customer cancel or change the Services requested prior to the Requested Due Date, the Customer shall pay US Metro all costs incurred by US Metro to install the Services or by preparing to install the Services that otherwise would not have been incurred. US Metro will install all services and provide a point of demarcation establishing a handoff point. It will be the customer's responsibility to extend all services from this established demarcation point to their equipment. If any extension of the demarcation, including cabling, equipment, or services are requested, they will need to be identified and described in the Service Order Comments section and agreed to by Moth Parties, 4. BILLING AND PAYMENT, Customer agrees to pay all charges for Services in accordance with Section 218, Florida Statutes, also Imonvn as the "Local Government Prompt Payment Act ". The Customer is responsible for the payment of invoices to US Metro for all usage of Services by Customer. Invoices are payable in accordance with Section 21.8, Florida Statutes, also known as the "Local Government Prompt Payment Payment Act". Any invoice not paid by the Due Date will bear late payment fees at the lower of 1.5% per month or the highest rate legally permissible, until paid. US Metro may revise the rates, monthly recurring and other charges required UUCUMENT SO-2011CCGov USMetmpoatan Telecom, LLC 2011 TERMS AND CONDITIONS by this Agreement at arty time upon sixty (60) days' written :notice to Customer if the rate increase is required as a result of an increase in governmental charges, taxes or unanticipated costs. Billing S art Date — Billing will start at the customer acreptanc>e date and be in accordance with the rates on Exhibit A. attached hereto and incorporated by reference. S. TAXES AND FEES. Customer shall be responsible for payment of all local, state and federal taxes, and fees arising in any jurisdiction based upon the provision, sale, or use of the Services. Customer shalt be responsible for die payment of all surcharges in effect, including but not limited to USF, regulatory, and 911 surcharges. Customer may present a proper tax exemption certificate as authorized or required by statute or regulation and US Metro agrees to exempt Customer from the ,collection of taxes to the :extent warranted by such certificate(s), The Customer is sates tax exempt pursuant to Chapter 212, Florida Statutes. 6. TERM AND TERMINATION. Term of Service Order will commence upon the acceptance by Customer of all services designated on the Service Order form. At the expiration of the Term, the contract may be renewed for twu (2) additional periods of one (1) year unless terminated by either party prior to thirty (30) days of the termination date by written notice. Any termination shall not relieve Customer of its obligation to pay any charges incurred. The rights and obligations, which by their nature extend beyond the termination of the term of this Agreement, shall survive such termination. Either party may terminate the Agreement upon thirty (30) days written notice if (I) the other party materiaily breaches the Agreement and fails to cure the breach within thirty (30) days of breach notification, or (ii) the other party dissolves or becomes insolvent or bankrupt or (iii) any bankruptcy, reorganization, insolvency or similar proceeding is instituted by or against the other party and not dismissed within thirty (30) days. US Metro may terminate the agreement if Customer fails to make any payment when due and such failure continues for ten (10) business days after written notice from US Metro. US Metro shall not terminate this Agreement if US Metro and Customer are in a billing dispute process. 7. TERMINATION LIABILTI'Y. If prior to the expiration of the Term, Customer terminates Service for convenience, Customer shall pay to US Metro, all undisputed unpaid amounts for Service 11/12/2013 16.E.8. US Metropolitan Telecom, LLC 24017 Production Circle Bonita Springs, FL 34135 provided through the date of termination US Metro shall not be entitled to any other or further recovery against the Customer, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. S. SERVICE LEVEL OBJECTIVE. US Metro shall use commercially reasonable efforts to meet the network availability objective of 99.999% during any calendar month. Customer acknowledges the possibility Of an unscheduled, continuous and/or Interrupted period of time when the Services are unavailable ("interruption'). "Unavailable means a complete interruption of transmission lasting two seconds or more. The length of an interruption is measured from (i) the time that notice is received from the Customer by US Metro that an interruption has occurred to (fi) the time of restoration of Service and under no circumstances shall any interruption be deemed an event of default. Credits for Measured Unavailable Time - When written request from customer is received within thirty (30: days of service interruption, customer shall by entitled to receive the following credits: Failure to Meet Committed Service Level Credit 0 minutes to 4 hours No credit >4 hours to 24 hours 1 day credit >24 hours to 48 hours 3 day credit >48 hours 1 week credit Scheduled and Unscheduled Maintenance. Scheduled Maintenance means any maintenance activities performed At US Metro s Point of Presence to which Customer's facilities are connected or activities performed at the Customer's demarcation on the customer premise. Customer shall be given forty -eight (48) hours advance notice of such maintenance activities, except in the case of emergency matntenance.deemed necessary by US Metro, in which case US Metro shall endeavor to provide forty-eight (48) hours advance notice. With the exception of emergency maintenance, such activities are typically performed during the standard maintenance window between 12:01am and 6:00am Inch time. Notice of scheduled maintenance shall be given to Customer's designated Single Point of Contact ( "SPOC"), by a method elected by US Metro (telephone, e-mail, fax or pager). Any maintenance scheduled or unscheduled will be verified to the demarcation point described in Page 3 of 6 Packet Page -2754- CA 1JW1AM Mw,rc�r.�enu,a lulw,�a.m 1.1 i. the Installation, Acceptance, and Access section Of this agreement. Allphcatton of Credits. Credits shall be applied in respect of the next billing period and shall be based on the monthly rates in effect at that time. Calculation of all credits shall be based on the call iog and other records maintained by US Metro. in no event shall any credit be awarded in excess of the monthly rates for the affected Service in effect at the time the credit is applied. If credits remain payable following the termination of the Agreement, the Customer shall be entitled to receive a rebate equal to the amount of such credits. 9. WARRANTY. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE MATERIALS, SERVICES OR PRODUCTS PROVIDED UNDER THIS AGREEMENT ANY LIABILITY OF US METRO WITH RESPECT TO THE MATERIALS UNDER ANY WARRANTY, NEGLIGENCE. STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO MATERIALS REPLACEMENT ACEMEN7 OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY, TO REFUND OF THE FEES PAID EXCEPT FOR THE FOREGOING, ALL MATERIALS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNFCS FOR A PARTICULAR PURPOSE, FURTHER, US METRO DOES NOT WARRANT RESUL'1-S OF USE, THAT THE CUSTOMER'S USE WILL BE UNINTERRLTPTFD US METRO SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO THE CUSTOMER BY US METRO DURING ANY ASPECT OF SERVICE DELIVERED UNDER THIS AGREEMENT, OR OTHERWISE 10. LIMITATIONS Of LIABILITY. US Metro's liability to the customer under this Agreement and with respect to any services contemplated by this Agreement shall be limited to damages directly attributable to defects to the services. US Metro shall not be liable for any damages caused by unauthorised modification or use of services provided pursuant to this agreement. IN NO EVENT SIIALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), REGARDLESS OF WHETHER SUCH LIABILITY IS BASRD ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR. OTHERWISE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11. FORCE MAJEURF_ Neither party will be liable, nor will any remedy provided by the Agreement be available, for any failure of Service due to DOCUMENT 50 -20.1 1CCGov US Metropolitan Telecom LLC 2011 causes beyond such party's reasonable control (" force majeure"). Customer will not be obligated to pay US Metro for Services not delivered as a result of force majeure. 12. MISCELLANEOUS. Assignment, Neither party may assign this Agreement, in whole or in part, without the express written consent of the other party, which consent shall not be unreasonably withheld. Either party may transfer its rights and obligations under this Agreement pursuant to a sale of substantially all of the assets of the business, corporate merger, reorganization or acquisition. Applicable Law, Attorney Fees The laws of the State of Florida, excluding its choice of law rules, shall govern this Agreement. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses. Entire Agreement This Agreement constitutes the entire agreement between US Metro and Customer, and merges all prior and contemporaneous communications with respect to the subject matter hereof. This Agreement shall not be modified except by later written modification signed by both parties. Severability and Waiver, If any provision of this Agreement proves to be or becomes Invalid or unenforceable under any applicable law, then such provision shall be deemed modified to the extent necessary in order to render such provision valid and enforceable; if such provision may not be so saved, it shall be severed and the remainder of this Agreement shall remain in hull force and effect, No waiver of any breach of any provision of this Agreement shall constitute a waiver of anv other breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Service Interruption. During a reported service interruption, US Metro will isolate and repair the issue to the US Metro side of the demarcation point, as described in the section entitled Installation, Acceptance, and Access of this document However, if US Metro troubleshooting indicates the problem to be beyond our demarcation point, US Metro standard charges will apply. F.u— Mishis ed ggyirl!=t Equipment furnished by US Metro to facilitate delivery of Services shall remain the property of US Metro and be returned on expiration of the term. 13. INSURANCE 11/12/2013 16.E.8. US Metropolitan Telecom, LLC 24017 Production Circle Bonita Springs, FL 34135 The Contractor shall provide insurance as follows: A. Commercial General LiabiliM Coverage shall have minimum limits of $1.000,000 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 $500A00 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 $500,000 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. 14. Indemnity. To the maximum extent permitted by Florida law, US Metro 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 US Metro or anyone employed or utilized by US Metrot 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 not pertain to any incident arising from the sole negligence of Collier County. 15. SUBTECT 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 CommisMsioners. Page 4of6 Packet Page -2755- CAS, US�I1kW Terms & Conditions ignatures• Customer: By: Collier County Board of County Commissioners Name: Title: Fred W. Coyle, Chairman Date: e... 4 ATTt54I ...... 4, Dwi;g" lit E l;iro4, Clerl4 qf. Courts I�atec: ,� ✓ y r Appramwed a 1�D31in and legal sufficiency: ''�S� Deputy County Attorney '.!� LOW- Print Name llOC:UMEN'T SO- 201 1CCGor LIS Metropolitan Telecom, LLC 2011 US Metropolitan Telecom, LLC By: Name: Brad Dancer Title: —Member Date: 5r- // // 11/12/2013 16.E.8. US Metropolitan Telecom, LLC 24017 Production Circle Bonita Springs, FL 34135 Page 5 of 6 Packet Page -2756- e 11/12/2013 16.E.8. US Metropolitan Telecom, LLC 24017 Art - Auction Circle Bonita Springs, FL 34135 Exhibit A Pricina for Telecommunications Services Site Name Location US Metro Service US Metro MRRt Immokalee Community Park 321 1st Street N. Immokalee FI 1.5 Mb Ds Ethernet - VPLS $300.00 East. Naples Community Park 3500 Thomasson Drive Napim FI 1.5 Mbps Ethernet - VPLS $300.00 Immokalee Fitness Center 505 Escambia Immokalee, FI 1.5 Mbps Ethernet - VPLS $300.00 South Water Plant 3851 City Gate Drive Naples, FI 50 Mbps Ethernet - VPLS $895.00 Freedom Park 151.5 Golden Gate Pkwy Naples, FI 10 Mbps Ethernet — VPLS $540.00 Naples Recycling Center 2640 Enterprise Ave Naples, FI 10 Mbps Ethernet — VPLS $540.00 Immokalee Code Enforcement 310 Alachua Street immokalee, FI 10 Mbps Ethernet — VPLS $540.00 Marco Recycling Center 990 Chalmer Drive Marco Island, FI 10 Mbps Ethernet — VPLS $540.00 Campus - Bldg F 3300 Tamiami Trail Naples, FI 50 Mbps Ethernet - VPLS $895.00 Pelican Bay Svcs 801 Laurel Oak 1.5 Mbps Ethernet- VPLS $300.00 US Metro Service s Site Name Location US Metro Cost Campus - Bldg F 3300 Tamiami Trail Naples, FI 50 Mbps Internet Access $995.00 South Water Plant 3851 City Gate Drive Naples, FI 50 Mbps Internet Access $995.00 .:� xa r,. f:�T'„W yy. ��i •4 u- r -,+:. '�.. ,;:F^m r,4 ,. �'.� . d:v 4t7 OOCUMLNI' SO-201.1CCGov US Metropoht— Tekenm, LLC 2011 Packet Page -2757- Page 6 of 6 0 11/12/2013 16.E.8. ACORD CERTIFICATE OF LIABILITY' INSURANCE "'M n 11/14/2011 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 poilcylies) 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 endonsament(s). PRODUCER Tim Shaw Insurance Group Inc. 4091 Colonial Blvd. Ste 100 Fort Myers FL 33966 -n ME: rp�t:if-rat-p TEAM PHONE - - FAX 0- 5-7 EaAA1L > YVVDL INSURER(S) AFFORDING COVERApE HAIL / N , SURPRA Ev POLICY YY LMM INSURED INSURER a US Metropolitan Telecom, LLC 24017 PRODUCTION CIRCLE BONITA SPRINGS FL 34135 h141186 OL fNSUREKc: INSURER D: EACH OCCURRENCE INSURER.E : COMMERCIAL GENERAL IASIUTY INSURER F : I 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. INSR LTR ME OF INSURANCE YVVDL POLICY NUMBER POLICY EFF Ev POLICY YY LMM A GENERAL - h141186 OL /1/2011 /1/2012 EACH OCCURRENCE S1.000,000 COMMERCIAL GENERAL IASIUTY I PREMISES (Ee or $100, 000 SE, aoo CLAIMS MADE D OCCUR MED EXP (Any aw arson ) PERSONAL A ADV INJURY ASS. 000, 000 GENERAL AGGREGATE $2,000,.000 I �GEVLAGGREGATELIMITAPPLIESPER: ^-1 PRODUC75- COIWPIDPAGO $2,000,000 POLICY Ix PRO- LOC I S A AUTOMOBILE LIABLITY 1141188 AV /1/2011 (7/1/2012 " $1 000.000 ANY AUTO BODILY INJURY (Perpwwn) 1 S ALL OWNED SCHEDULED BODILY INJURY (Par adl9 w t) S AUTOS AUTOS N1111 HIRED AUTOS AUTOS PROPERTY DAMAGE S. B F_ UMBREJ-LA LIAR X OCCUR 11141188 9M2 _,/1/2011 7/1/2012 EACH OCCURRENCE Si, 000, 000 ^�CED EXCESS LAO CLAIMS -MADE - AGGREGATE 111,000,000 IX R NTIONS10.000 1 I 1 WORKERS COMPENSATION-7—WC—,S:777, OTI+ AND EMPLOYERS' LIABILITY TIN v E.L. EACH ACGDEN' S ANY PROPRIETOR/PARTNERi- EXECUTIVE DFPCEREMBER EXCLUDED? r--7 M N/A (MendAW In NH) Ie ras. describe under I EL DISEASE - EA EMPLOYEE S E.L DISEASE - DOUCY UMR 1 S DMRIPTI F OPERATIONS below I ( I DESCWP710N OF OPOFtAMONS / LOCATIONS / VEHICLES (Mach ACORD 104, AddWanel Rern"Im Schedule, ■mom awda is nqubedl CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO TAE GENERAL LIABILITY COVERAGE SHOWN ABOVE IF REQUIRED BY WRITTEN CONTRACT SUBJECT TO THE TERMS, CONDITIONS AND EXCLUSIONS OF THE POLICW. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,. NOTICE WILL BE DELIVERED IN Collier County Government ACCORDANCE WITH THE POLICY PROVISIONS. 3299 Tamiami. Trail East Suite 600 Naples FL 34112 AUTHOPMED REPRESENTATIVE iI 2 , I I ®1888 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I Packet Page -2758- 11/12/2013 16.E.8. UtK I iricATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 11114/2011 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 poicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy, certain policies may requre an endorsement A statement an this Certificate does not confer rights to the certificate holder in lieu of such endorsements), PRODUCER WELLS FARGO INS. SERV. USA -CH, NIC CT 6100 FAIRVIEW ROAD, SUITE 800 E FAX PHON EAt .1C wil PO BOX 220748 E CHARLOTTE, NC 26222 INSURER(S) AFFORDING COVERAGE NAIC of INSURER A. HARTFORD FIRE INSURANCE CO. INSURED 6278 - FL INSURER B: STRATEGIC OUTSOURCING, INC. INSURER C: PO BOX 241448 INSURER D: S CHARLOTTE, NC 2=4 INSURER E: t!nvr =o ee_ee INSURER F: -IO�GR. Y I , / oo REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED BE 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 MAYBE 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. R TYPE OF INSURANCE ADDI 3UB POLICY NUMBER .LIMIT'S GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY c SO RENTED S CLAIMS MADE ❑OCCUR MED EXP (Any me on sx) S PERSONAL 8 ADV INJURY S GENERAL AGGREGATE S GENV'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOP AGG S POLICY PRO• LOC JECT S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO S S ALL OWNED SCHEDULED BODILY INJURY (PIN Parson) BODILY INJURY (Pr aaltlant) S AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS PPROPERTY E b41637 S s UMBRELLA LLNLB OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS MADE AGGREGATE 5 DED RETENTION S S WORKERS COMPENSATION A AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTNVE 22WBRJ79226 03/O1,N2011 03/01/2012 �. STAT . I OPFICERI'MEMBER EXCLUDED? N/A E.L. EACH ACCIDENT s 1 000,000 .(Mandatory In NH) 17 yea, ossenrn un0r E.L. DISEASE - EA EMPLOYEE S 1 , 000 DESCRIPTION OF OPERATIONS bobw E.L. DISEASE - POLICY LIMIT S 1 ,ODO,ODO DESCRIPTION OF OPERATIONSlLOCATIONSATEMCLES (Attach ACORD 101, Additional Remarks Sahaduie, If more space is regWratQ LIMITED TO EMPLOYEES LEASED TO US METROPOLITAN TELECOM, LLC BY STRATEGIC OUTSOURCING, INC. Ccar�crnwrr urn, nom,-, COLLIER COUNTY GOVERNMENT 3299 TAMIAMI TRAIL EAST, STE 600 NAPLES, FL 34112 SHOULD ANY OF THE ABOVE DESCRUM POLICIES BE CANCELLED BEFORE THE EVIRATION DATE THEREOF, NOTICE WILL BE 08-N: M N ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESSEELNTATNE ACORD 25 (2D10lOS) ® 1y5n -ZU1U ACORD CORPORATION, All rights reserved. The ACORD name and logo am registered marks of ACORD Packet Page -2759- CA 11/12/2013 16.E.8. EXHIBIT B EXHIBIT A -1 Contract An endment if 1 11-5606 "Telecommunications Sory ew" This antes sent dated , _, 20_a to the referencsed agreement slurp be by: and between the parties to the original Agreement, US Metropolitan Telecom, L1.0 ("U.S Metro") and Collier County, Florida, (to be referred to as "Customer"). Statement of Understanding RE: Contract # 11 -5606 - "Telecommunications Services" In artier to c:untinue .the serviets provided for in the original Contract document referenced above, US Metro agrees to amend the above referenced Contract as •per Exhibit A -1 A "Pricing,. for Telecommunications Services" attached to this Amendment and incorpm. tied heroin lry refaretace. This Exhibit A- IA replaces the original Exhibit A in the Contract. l:urthcr, the Count), reserves the right to modify services at the locations listed in Exhibit A -1 A, that best suit the County's to siness and operational needs. All other terms and conditions of'the agreement shall remain in force. IN WITNESS WHEREOF, US Metro and the County have each, respectively, by an authorized person or agent, hereunder set their hands and suals on the datc(s) indicated below. Accepted: _.. ' YU ;a .2,0.L; SERVICE PROVIDER: Ct1STOMER: US Metropolitan 'I elecom, LLC BOARD OF COUNTY COMMISSIONERS OF COLI tE (Oilbl';:FLORt A Bv: �J lreil andall, Project Manager 0CPAR] MEXI' DIREt:TOR. Type Name of Signaton Michael B=ios DIVISION ADMiNISTRATO)t-, By" C..,ti.�.1ll�.r Len Gc*loince BY D. SI- RA7'EG IST Packet Page -2760- c^ .. 11/12/2013 16.E.8. US Metropolitan Telecom, LLC. 24017 Production Circle Bonita Springs, FL 34135 Exbibit A -1A to AMENDMENT #1 Pricine for Telecommunications Services The following Monthly Recurring Charges (MRQ apply to the 9 Ethernet Services/Speeds listed below and the 9 Internet Services/Speeds listed below. 'These prices apply to any of the 10 locations listed in the chart below. Note: Additional locations may be added at the same MRCS listed above; however, one -time fiber construction fees may apply and will need to be negotiated for new sites not listed. D0CJM8AT S0.=011CC .*v VS M,e -N'kW Te4com, U.0 =Ot 1 Packet Page -2761- Pape 68 of 6 i i 1 i 1 qA US Metro Ethernet Service US'Metro MRC: 1 1.5 Mbps Ethernet- VPLS $300 2 10 Mbps Ethernet — VPLS $540 3 50 Mbps Ethernet - VPLS $895 4 75 Mbps Ethernet - VPLS $ 1,150 5 1, 100 Mbps Ethernet - VPLS $1,395 6 125 Mbps Ethernet —VPLS $1,650 7 150 Mbps Ethernet - VPLS $1,895 8 175 Mbps Ethernet - VPLS $2,095 9 200 Mbps Ethernet - VPLS $2,295 Note: Additional locations may be added at the same MRCS listed above; however, one -time fiber construction fees may apply and will need to be negotiated for new sites not listed. D0CJM8AT S0.=011CC .*v VS M,e -N'kW Te4com, U.0 =Ot 1 Packet Page -2761- Pape 68 of 6 i i 1 i 1 qA US Metro Internet Service US Metro MRC: 1 1.5 Mbps Internet Access $450 2 10 Mbps Internet Access $640 3 50 Mbps Internet Access $995 4 75 Mbps Internet Access $1,250 5 100 Mbps Internet Access $1,495 6 126 Mbps Internet Access $1,750 7 150 Mbps Internet Access $1,995 8 175 Mbps Internet Access $2,195 9 200 Mbps Internet Access $2,395 Note: Additional locations may be added at the same MRCS listed above; however, one -time fiber construction fees may apply and will need to be negotiated for new sites not listed. D0CJM8AT S0.=011CC .*v VS M,e -N'kW Te4com, U.0 =Ot 1 Packet Page -2761- Pape 68 of 6 i i 1 i 1 qA Site Name Location 1 Immokalee Community Park 321 1st Street N., Immokalee, FL 2 East, Naples Community Park 3500 Thomasson Drive, Naples, FL 3 Immokalee Fitness Center 505 Escambia, Immokalee, FL 4 South Water Plant 3851 City Gate Drive, Naples, FL 5 Freedom Park 1315 Golden Gate Pkwy, Naples, FL 6 Naples Rnmling Center 2640 Enterprise Ave, Naples, FL 7 immokalse Code Enforcement 310 Alachua Street, Immokaiee, FL 8 Marco Recycling Center 990 Chalmer Drive, Marco Island, FL 9 Campus - Building F 3300 Tamiami Trail, Naples, FL 10 Pelican Bay Services 801 Laurel Oak, Naples, FL Note: Additional locations may be added at the same MRCS listed above; however, one -time fiber construction fees may apply and will need to be negotiated for new sites not listed. D0CJM8AT S0.=011CC .*v VS M,e -N'kW Te4com, U.0 =Ot 1 Packet Page -2761- Pape 68 of 6 i i 1 i 1 qA 11/12/2013 16.E.8. ,-� From: USMetro eBilling fmailto :ebillingC&usmetrotel.com] Sent: Thursday, October 03, 2013 6:39 AM To: BCCAPCLERK Subject: US Metro becomes Summit Broadband S BROADBAND Dear Valued Customer, US Metropolitan Telecom is proud to announce that we have merged with Summit Broadband, a leading telecommunications provider operating in Florida. The combined companies will go forward together under the name Summit Broadband. Although our company's name has changed, everything else will remain the same including all of the staff that you are accustomed to dealing with in our Southwest Florida office. Together, we are dedicated to providing the best possible customer service to both current and potential customers and are willing to go above and beyond expectations. Summit Broadband will be introducing commercial video services in Southwest Florida during the first quarter of 2014 and your account manager will be reaching out to you to introduce the video service offering. Please contact Jeanine Sola at (239) 444 -1041 for any billing statement errors or questions and she will be more than happy to assist you. Please note that the address for payments is now 4558 35`h Street, Orlando, FL 32811. To view and manage your account online, please visit webcare.summit - broadband.com. Signing up is quick and easy! All you will need is your account number and your first billing statement number. Every month we will send you an email notifying you that your bill is ready. Since you are an ebill customer, please expect an email from care @summit - broadband.com with your October statement attached. If you do not receive this email, please call Jeanine Sola at (239) 444 -1041. We are grateful to you for giving us the opportunity to provide you with our products and services. Thank you for your continued support! Sincerely, Frank B. Mambuca Packet Page -2762-