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Backup Documents 04/27/2010 Item #16E 616E '46 MEMORANDUM Date: April 29, 2010 To: Lyn Wood, Purchasing Contract Specialist From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #10 -5384: "Communication Services" Contractors: Aztek Communications of South Florida, Inc." 0 Enclosed is an original for each contract, referenced above (Agenda Item #16E6), approved by the Board of County Commissioners on Tuesday, April 27, 2010. The second contract will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252 -7240. Thank you. Enclosure (1) ITEM NO.: ,') -Wc -DI sCi4 FILE NO.: ROUTED TO: DATE 16E 6 RECEIVED: Gv DO NOT WRITE ABOVE THIS LINE Iv REQUEST FOR LEGAL SERVICES Date: April 27, 2010 To: Office of the County Attorney Jeff Klatzkow, County Attorney SZ-T From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Re: Contract: #10 -5384 "Communication Services" Contractors: jAztek Communications of South Florida, Inc. Fiber Solutions of Southwest Florida BACKGROUND OF REQUEST: This Contract was approved by the BCC on April 27, 2010; Agenda Item 16.E.6 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to 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. C: Mike Berrios, IT 0" ./► \ti\ -__CHECKLIST FOR �REVIEWING CONTRACTS Er[ity Nanrer 1 — L Oro�a �i - -n � t Entity name cor wt on contract? _ yyj� No 1 6 Entity registered with FL Sec. of State? Ycs No Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $ Products /Compl/Op Required $ \ �\ Personal & Advert Required $_ Each Occurrence Required $`mt �t Fire/Prop Damage Required $_ Automobile Liability Bodily Inj & Prop Required $ uo Workers Com Wequired n Each accident ired $_�__ Disease. ggregat $ Disease] Emp N Required $ _ Umbrella Liability 1i'Ye es s es No No No n&r epVAd No Provided $2W4 A Exp. Date 1 l.J�10 Provided $ 't rT Exp. Date Provided $�Y-,!l `1 Exp. Date _ Provided $ 4 4 / Provided $_gyp j� Exp. Date _ Exp. Date Provided $,. Exp Date 1 I� 111��� Provided $_lM�VL Exp Date Provided $ « t I Exp Date Provided $L_L t t Fxp Date Each Occurrence Provided $, VOA Aggregate Provided $q t t Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $ _ Provided $ Exp. Date __ Per Aggregate Required $ Provided $_ _ Exp. Date Other Insurance Each Occur Type:____ Required $, _ Provided $ Exp Date Exp Date Exp Date a t L Yes ___No County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? No es No Yes jVo Yes JNo Yes No Yes No Yes No es No O - es No es No _s No Yes s No Yes No _ ✓_Yes —No Reviewer Initials: Dare' 4 J 11- COQ -G� 222 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department DATE: April 27, 2010 RE: Review Insurance for Contract: #10 -5384 "Communication Services" Contractors: ✓Aztek Communications of South Florida, Inc. Fiber Solutions of Southwest Florida This Contract was approved by the BCC on April 27, 2010; Agenda Item 16.E.6 Please review the Insurance Certificates for the above referenced contract. 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 2667. dod /LMW C: Mike Berrios, IT APR 27 2010 16Et 6 16E mausen_9 From: RaymonclCarter Sent: Tuesday, April 27, 2010 3:16 PM To: Lyn W ood Cc: BerriosMike, mausen_g, HerreraSandra Subject: Contract 10 -5384 "Communication Services" All, I have approved the certificate(s) of insurance provided by Aztek Communications of South Florida, Inc. The contract will now be forwarded to the county attorney's office for their review. Thank you, Ray ?sc ""Y3Cd Cam Manager Risk Finance 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 re�eased 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 Home Contact Us E- Filing Services Previous on List Next on List Return. To List Events. Name History Detail by Entity Name Florida Profit Corporation AZTEK COMMUNICATIONS OF SOUTH FLORIDA, INC. Filing Information Document Number P99000074134 FEI /EIN Number 593594601 / Date Filed 08/13/1999 / State FL J Status ACTIVE Last Event AMENDMENT Event Date Filed 01/14/2010 Event Effective Date NONE Principal Address 4730 ENTERPRISE AVE. SUITE 308 NAPLES FL 34104 Changed 01/30/2008 Mailing Address 4730 ENTERPRISE AVE. SUITE 308 NAPLES FL 34104 Changed 01130/2008 Registered Agent Name & Address GOEDE, JOHN C ESQ C/O LAW OFFICE OF JOHN C GOEDE, P.A. 9915 TAMIAMI TRAIL N STE 1 NAPLES FL 34108 US Name Changed: 06/21/2007 Address Changed: 06/21/2007 Officer /Director Detail Name & Address Title PD i LEEDS, MICHAEL / 4730 ENTERPRISE AVE. SUITE 308 NAPLES FL 34104 / Title VPSD Document Searches Page 1 of 2 16E 1 Forms Help Entity Name Search Submit http: / /www. sunbiz. org /scripts /cordet. exe? action =D ETFI L &inq__doc_number= P9900007413... 3/5/2010 www.sunbiz.org - Department of State Page 2 of 2 04 /16 /2009 —ANNUAL REPORT 16E RENOSIS, JOHN ANNUAL REPORT 4730 ENTERPRISE AVE. SUITE 308 06/21/2007 Amendment NAPLES FL 34104 06/0712007 Title PD View image in PDF format BECKMAN, TIMOTHY Amendment 4730 ENTERPRISE AVE. SUITE 308 05/30/2007 NAPLES FL 34104 View image in PDF format Title TD ANNUAL REPORT POTRATZ, MATTHEW 01/26/2006 4730 ENTERPRISE AVE. SUITE 308 View image in PDF format NAPLES FL 34104 Name Change Annual Reports 01/27/2005 Report Year Filed Date View image in PDF format 0 2007 01/16/2007 ANNUAL REPORT 2008 01/30/2008 01/21/2003 -- 2009 04/16/2009 View image in PDF format Document Images —ANNUAL REPORT_ 01/14/2010 Amendment View image in PDF format 04 /16 /2009 —ANNUAL REPORT View image in PDF format 01/3012008 ANNUAL REPORT View image. in PDF format 06/21/2007 Amendment View image in PDF format 06/0712007 Merger View image in PDF format 06/0712007 Amendment View image in PDF format 05/30/2007 -. Reg. Agent Change View image in PDF format 01/16/2007 ANNUAL REPORT View image in PDF format 01/26/2006 _ANNUAL REPORT View image in PDF format 12/23/2005 Name Change View image in PDF format 01/27/2005 ANNUAL REPORT View image in PDF format 0 01/20/2004 -- ANNUAL REPORT View image. in PDF format 01/21/2003 -- REINSTATEMENT View image in PDF format 01/29/2001 —ANNUAL REPORT_ View image in PDF format 08/02/2000 - ANNUAL REPORT View image in PDF format 08/13/1999 -- Domestic Profit 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 Entity Name Search Events Name History Submit I Home I Contact us I Document Searches I E- Filing Services I Forms I Help I Copyright and Privacy Policies Copyright J 2007 State of Honda, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc number=P9900007413... 3/5/2010 16E A G R E E M E N T 10-5384 for Communications Services THIS AGREEMENT is made and entered into this ,J"Iday of Ap ', � , 2010, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County' or "Owner ") and Aztek Communications of South Florida, Inc., authorized to do business in the State of Florida, whose business address is 4730 Enterprise Avenue, Suite 308, Naples, Florida 34104 (hereinafter referred to as the "Contractor "). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on April 27, 2010 and terminating April 26, 2011. This contract shall have three (3) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, 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 Board of County Commissioners deemed two (2) firms to be pre - qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete communications services on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #10 -5384 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. • For work $50,000 or less; the 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 more than $50,000 and less than $200,000: the department may quote out work among all the vendor(s) on contract, or, may conduct a separate new solicitation. • In no case may a single repair or new installation job exceed $200,000 on resultant contracts of this ITB. 10 -5348 Page -1- Communications Services 6,, E t In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Quotes may be submitted as time and materials or lump sum. 3. THE CONTRACT SUM: 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. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Aztek Communications of South Florida, Inc. 4730 Enterprise Ave., Suite 308 Naples, FL 34104 Attention: Michael L. Leeds, President Telephone: 239 - 659 -0017 Facsimile: 239 - 659 -0018 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e- mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carvell Purchasing /General Services Director Phone: 239 - 252 -8371 Fax: 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. 10 -5348 Page -2- Communications Services 16E 5. 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. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, 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. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 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. 7. 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. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: 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; 10 -5348 Page -3- Communications Services Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. 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. 11. 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 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. 12. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for 10 -5348 Page -4- Communications Services payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and 10 -5348 Page -5- Communications Services 16E agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all 10 -5348 Page -6- Communications Services 16E Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. STANDARDS OF CONDUCT: PROJECT MANAGER SUPERVISOR EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 10 -5348 Page -7- Communications Services 1 •: B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefore. If Owner considers the Work (or designated portion) substantially complete, Owner shall notify Contractor in writing, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. 10 -5348 Page -8- Communications Services 16E 6 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly notify Contractor in writing, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established by the purchase order date. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a notice to the Contractor in writing pursuant to the terms hereof. 10 -5348 Page -9- Communications Services 16E Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Information Technology Department. 28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Exhibit A, Insurance Certificate, Bid No. 10 -5384, any Quotation made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations. 29. 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. 30. 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. 31. 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. No markup shall be applied to sales tax. 32. 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 10 -5348 Page -10- Communications Services 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. 33. 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. 34. 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. 35. 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 Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner 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 Owner's staff person who would make the presentation of any settlement reached at mediation to Owner'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. 10 -5348 Page -11- Communications Services 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. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. $rock, Clerk "of Courts `t ,_ 9,�J..Xsz By By: Fred W. Coyle, Chairman Dated: ii�liE11M e1FrW Aztek Communications of South Florida, Inc. Contractor Firs i ness Signature Typep t itne a Typed Signature Second Witness Title Type /Print Witness Name Approved as to form and le sufiz n County Attorney ant eae Print Name 10 -5348 Page -12- Communications Services mi EXHIBIT A Charges After Hours Rate $75.00 /hour Holiday Rate $75.00 /hour Inside Category 6 Wiring $2.05 /foot 25 Pair Telephone Cabling $8.80 /foot 50 Pair Telephone Cabling $9.62 /foot 100 Pair Telephone Cabling $11.37 /foot 200 Pair Telephone Cabling $14.84 /foot Telephone Install $50.00 /hour Computer Install $50.00 /hour Local Printer Install $50.00 /hour Other /Additional Services $75.00 /hour Rack Install $50.00 /hour Wall Mount Cabinet Install $50.00 /hour Enclosed Ortronics Data Rack 4 foot Supply Model Number $350.00 /each Enclosed Ortronic Data Rack 8 foot Supply Model Number $750.00 /each Ladder Rack $16.00 /foot Ortonics 24 port Rack Mount Patch Panel $178.10 /each EMT Conduit $12.00 /foot Material Markup 17% 10 -5348 Page -13- Communications Services ACORO® CERTIFICATE OF LIABILITY INSURANCE `.,, /" GATE IM 010 ) 3/19/2010 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(les) 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 Lutgert Insurance -Fort Myers 5248 Red Cedar Dr Site 103 Fort Myers FL 33907 NAME: LIZ RiVeYO PHONE I FAX L(c No Ex�_ 418- 2111 IA!c.No):239- 936 -8285.__ E-MAIL ADDRESS: lrivero ®lutggrtinsurance.com _ PRODUCER CUSTOMER ID a: INSURER (S) AFFORDING COVERAGE NAICM 7/15/2010 _ INSURED 4730 Enterprise lops of South FL 9730 Enterprise Ave #308 INSURER A: Technolo Ins CompdnV INSURER B: General Ins Co of America - - -- 1345 - -- -- INSURERC:Safeco _ Insurance Company_ _. -- 247.4_0 Naples FL 34104 INSURER D: DAMAGE TO RENYED PREMISES(Eaoccurtence) - $200,000 MED EXP(Any one person) $10,000 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 1575594623 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. INSR LTR TYPE OF INSURANCE ADDL -- POLICY NUMBER POLICY EFF MMIDDIYI'YY - POLICY EXP MNODIYYYV LIMITS S GENERAL LIABILITY _ 24CC18398430 7/15/2009 7/15/2010 EACH OCCURRENCE $1,000,000 x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1X1 OCCUR DAMAGE TO RENYED PREMISES(Eaoccurtence) - $200,000 MED EXP(Any one person) $10,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS -COMPIOPAGG $2,000,000 POLICY. PRO x - LOC FCT -_ -� -- $ AUTOMOBILE - ' LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) - - -- $ ! ALL OWNED AUTOS - -- -- BODILY INJURY (Per ecadenp - --- - -- $ SCHEDULED AUTOS - - - --- PROPERTY DAMAGE (Per accident) - -- i!$ HIRED AUTOS — _ $ I NON -OWNED AUTOS i li C UMBRELLA LIAR X OCCUR OIXS15606920 7/15/2009 7/15/2010 EACH OCCURRENCE $110001000 EXCESS LIAR CLAIMS -MADE 1 AGGREGATE $1,000, 000 DEDUCTIBLE -- $ - $ RETENTION $ 17/15/2009 A I WORKERS COMPENSATION AND EMPLOYERS' EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED9 ❑ NIAI TWC3203703 17/15/2010 X WC STATU- X T4_ EL. EACH ACCIDENT - '$1,000,000 -EL- DISEASE -EA EMPLOYE $1,000,000 IMandalorY In NH) If yes, descnbe under E.L. DISEASE - POLICY LIMIT�000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If mare space is required) COMMUNICATION WIRING REVISED Collier County Board of County Commissioners are named as Additional Insured with regards to General Liability for any and all work performed on behalf of Collier County. Thirty (30) days Notice of Cancellation applies. Ten(10) Notice of Cancellation for Non-payment per FL Statute. Collier County Board of County Commissioners 3301 E Tamiami Trail Naples FL 34112 ACORD 25 (2009109) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2009 ACORD The ACORD name and logo are registered marks of ACORD reserved. l ® CERTIFICATE OF LIABILITY AFRO INSURANCE DA 03/19/10m1 PRODUCER G & P Insurance, Inc. 4930 Golden Gate Pkwy THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Naples, FL 34116 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Phone (239)353 -3500 Fax (888)353 -9910 INSURED Aztek Communications of South Florida Inc. INSURER A Allstate : INSURER B: 4730 Enterprise Ave Ste 308 INSURER c'. Naples, FL 34104- INSURER D. INSURER E'. COVERAGES INSURER F: THE POLICIES OF INSURANCE LISTED 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 OF 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. INSR ADO'L I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDnY POLICY EXPIRATION DATE MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY DAMAGE T RENTED PREMISES Ea occurence ❑ ❑❑ CLAIMS MADE ❑ OCCUR ❑ MED EXP(Any one person) PERSONAL &ADV INJURY ❑I GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO ❑ POLICY ❑ PROJECT ❑ LOG AUTOMOBILE LIABILITY F-1 ANY AUTO 048- 194280 09122/09 09/22/10 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 A k ALL OWNED AUTOS ❑_ SCHEDULED AUTOS BODILY INJURY (Per person) HIRED AUTOS ❑ NON OWNED AUTOS BODILY INJURY (Per accident) C PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT _] ❑I ANY AUTO OTHER THAN EA ACC ❑ AUTO ONLY AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE ❑ OCCUR ❑ CLAIMS MADE AGGREGATE ❑ I ❑ DEDUCTIBLE ❑ RETENTION $, WORKERS COMPENSATION AND EMPLOYERS' LIABILITY - WC STATU-_ E' �T RV LIMIT ❑ ERH E.L. EACH ACCIDENT ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER I MEMBER EXCLUDED? j If yes, describe under E . DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder is Additional Insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Collier County Board of County Commissioners 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 3301 Tamiami Trail E Naples,Fl. 34112 Fax - 239 - 252 -6386 THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE eye. /1 xQk ACOHD LD (2001M) VF © ACORD CORPORATION 1988 16E MEMORANDUM Date: May 10, 2010 To: Lyn Wood, Purchasing Contract Specialist From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #10 -5384: "Communication Services" Contractors: Fiber Solutions of Southwest Florida Enclosed is an original for each contract, referenced above (Agenda Item #16E6), approved by the Board of County Commissioners on Tuesday, April 27, 2010. An original contract will be kept in the Minutes and Records Department as part of the Board's Official Records. If you should have any questions, please contact me at 252 -7240. Thank you. Enclosure (1) ITEM NO.: 10 -31K -01( -Q }- FILE NO.: ROUTED TO: Date: To: From: Re: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES April 27, 2010 Office of the County Attorney Jeff Klatzkow, County Attorney Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 Contract: #10 -5384 "Communication Services" 16E DATE RECEIVED: 1Jv�L 515 Contractors: Aztek Communications of South Florida, Inc. ✓ Fiber Solutions of Southwest Florida BACKGROUND OF REQUEST: This Contract was approved by the BCC on April 27, 2010; Agenda\ Item 16.E.6 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to 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. C: Mike Berrios, IT 1 b E 'i MEMORANDUM TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist 1XV Purchasing Department DATE: April 27, 2010 RE: Review Insurance for Contract: #10 -5384 "Communication Services" Contractors: Aztek Communications of South Florida, Inc. y/ Fiber Solutions of Southwest Florida This Contract was approved by the BCC on April 27, 2010; Agenda Item 16.E.6 Please review the Insurance Certificates for the above referenced contract. 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 2667. dod /LMW C: Mike Berrios, IT DATE RECEIVED APR 2 9 2010 Yee-,- M 16 E �� mausen_g From: RaymonclCarter Sent: Monday, May 03, 2010 1:42 PM To: LynWood Cc: BerriosMike; HerreraSandra; DeLeonDlana; mausen_g Subject: Contract 10 -5384 "Communication Services' All, I have approved the certificate(s) of insurance provided by Fiber Solutions of Southwest Florida for contract 10 -5384. The contract will now be forwarded to the County Attorney's Office for their review. Thank you, Ray RMV"L 7Ld Manager Risk Finance 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 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 Corporation NETWORK SOLUTIONS OF AMERICA, INC. V Filing Information Document Number P98000012185 FEI /EIN Number 650813368 Date Filed 02/05/1998 State FIL d Status ACTIVE , Effective Date 02/10/1998/ r Principal Address 12120 METRO PKWY. FT. MYERS FL 33966 Changed 01/29/2010 Mailing Address 12120 METRO PKWY. FT. MYERS FL 33966 Changed 01/29/2010 Reaistered Aaent Name & Address LAVOIE, RODNEY 11656 PLANTATION PRESERVE CIRCLE S FORT MYERS FL 33966 US Name Changed: 10127/2008 Address Changed: 02 /25/2010 Officer /Director Detail Name & Address Title PTD LAVOIE, RODNEY 12120 METRO PKWY. FT. MYERS FL 33966 Annual Reports Report Year Filed Date 2008 10/27/2008 2009 03/24/2009 2010 02/25/2010 Document Searches Page I of 2 _ Ie 1! Forms Help Entity Name Search Submit,' http: / /www. sunbiz.org/ scripts /cordet.exe? action = DETFIL &inq_doc_number= P9800001218... 3/5/2010 www.sunbiz.org - Department of State 16Page 2 o6 Document Images 02/25/2010 ANNUAL REPORT _View Image in PDF format 01/29/2010 ADDRESS CHANGE View image in PDF format :. 03/24/2009 - ANNUAL REPORT - ViewimageinPDFformat 10/27/2008 -- ANNUAL REPORT View image in PDF format 06/06/2008 ANNUAL REPORT tView Image in PDF format r. 01/15/2007 ANNUAL REPORT `:View image in POP format 01/05 /2006 ANNUAL-REPORT - .View image inPDFformat 06/29/2005 ANNUAL REPORT View image in PDF format 04/26/2004 - ANNUAL REPORT View image in PDF format 02/17/2003 -- ANNUAL. REPORT ! View image in PDF format 04/01/2002 -- ANNUAL - REPORT ! View Image In PDF format L 02/05 /2001 -- ANNUAL REPORT I. View image in PDF format 03/14 /2000 - ANNUAL REPORT = View Image InPDEformat 08120/1999 ANNUAL REPORT View image in PDF format "t 02/05/1998. = Domestic Profit Uwew Image in PDF format ,t Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search No Events No Name History Submit'.' I Home I Contact us I Document Searches I E- Filing Services I Forms I Help I Copyright and Privacy Policies Copyright D 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc number= f`9800001218... 3/5/2010 lu s CHECKLIST TOIL REM E\NING CONTRACTS Entity Narne: _a �/-�i��i�t�. t�j l� Entity Panic correct on contract? Sl No 1 Entity registered with FL Sec. of State? _Yes No ' Insurance Insurance Certificate attached? t/ es No Insured registered in Florida? _ If Yes .� _ No Contract # &/or Project referenced on Certificate? _ _No Certificate Holder name correct (BCC)? Y�s No Commercial General Liability -a General Aggregate Required $ Provided $ \1_ Exp. Date Products /Compl/Op Required $ t, � Provided $ t t Ex p Date Personal & Advert Required $ Provided $ _ A Exp. Date l� Each Occurrence Required $�m: \\ _ Provided $ Jpr-�.L%�X Exp. Date Fire/Prop Damage Required $ _ Provided $ Exp. Date _ _ Automobile Liability j Bodily Inj & Prop Required $ eJ�D Y � 'rovided $ rnr `_ Ex Date I Workers Compensation p Each accident Required $ �'t Provided St � 1� Exp Date Disease Aggregate Required $ Provided $ t Exp Date Disease Each Empl Required $ Provided $_ Exp Date _ Umbrella Liability Each Occurrence Provided $ �jy'(� r�1 Exp Date 1 O Aggregate Provided $ it _I t Exp Date Does Umbrella sufficiently cover any underinsured portion? Yes Professional Liability J,,r Each Occurrence Required $_ Provided $ Exp. Date _ Per Aggregate Required $ Provided $__ _ Exp. Date _. Other Insurance Each Occur Type: Required $ Provided $ Exp Date County required to be named as additional insured? County named as additional insured? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? No Yes No O b"-Yes N,$ Yes / No Yes No _Yes No Yes No Signature Blocks i Correct executor name in signature block? {����yes No Correct title of executor? - t/,� , No Executor authorized to sign for entity? es No Proper number of witnesses /notary? Yes No Authorization for executor to sign, if necessary: _ Chairman's signature block? s No Clerk's attestation signature block? es No County Attorney's signature block? _ _Yes No Attachments Are all required attachments included? II Yes No Reviewer Initials: '!"`\ Daic. V 0? -CO -C' 01 2 J 16E AGREEMENT10 -5384 for Communications Services THIS AGREEMENT is made and entered into this ',Zl�ay of 2010, by and between the Board of County Commissioners for Collier Clounty, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner ") and Network Solutions of America, Inc. d /b /a Fiber Solutions of Southwest Florida, authorized to do business in the State of Florida, whose business address is 12120 Metro Parkway, Fort Myers, Florida 33966 (hereinafter referred to as the "Contractor "). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on April 27, 2010 and terminating April 26, 2011. This contract shall have three (3) one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, 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 Board of County Commissioners deemed two (2) firms to be pre - qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete communications services on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #10 -5384 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. • For work $50,000 or less: the 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 more than $50,000 and less than $200,000: the department may quote out work among all the vendor(s) on contract, or, may conduct a separate new solicitation. • In no case may a single repair or new installation job exceed $200,000 on resultant contracts of this ITB. 10 -5348 Page -1- Communications Services 16E 6 In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Quotes may be submitted as time and materials or lump sum. 3. THE CONTRACT SUM: 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. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Network Solutions of America, Inc. d /b /a Fiber Solutions of Southwest Florida 12120 Metro Parkway Fort Myers, Florida 33966 Attention: Rodney A. LaVoie, President Telephone: 239 - 561 -6814 Facsimile: 239 - 561 -0832 All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e- mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building G Naples, Florida 34112 Attention: Stephen Y. Carnell Purchasing /General Services Director Phone: 239 - 252 -8371 Fax: 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. 10 -5348 Page -2- Communications Services 16E 5. 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. 6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, 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. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 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. 7. 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. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: 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; 10 -5348 Page -3- Communications Services 16E {� Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 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. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. 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. 11. 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 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. 12. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. 13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for 10 -5348 Page -4- Communications Services 16E " payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 15. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and 10 -5348 Page -5- Communications Services l6E ( agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 17. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 19. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 20. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all 10 -5348 Page -6- Communications Services 16E Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21. STANDARDS OF CONDUCT: PROJECT MANAGER SUPERVISOR EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 23. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 10 -5348 Page -7- Communications Services 16E B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 24. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty -eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefore. If Owner considers the Work (or designated portion) substantially complete, Owner shall notify Contractor in writing, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. 10 -5348 Page -8- Communications Services 16E t Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly notify Contractor in writing, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the acceptability of the Work. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established by the purchase order date. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a notice to the Contractor in writing pursuant to the terms hereof. 10 -5348 Page -9- Communications Services 16E Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Information Technology Department. 28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Exhibit A, Insurance Certificate, Bid No. 10 -5384, any Quotation made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations. 29. 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. 30. 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. 31. 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. No markup shall be applied to sales tax. 32. 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 10 -5348 Page -10- Communications Services 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. 33. 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. 34. 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. 35. 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 Owner's staff person who would make the presentation of any settlement reached during negotiations to Owner 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 Owner's staff person who would make the presentation of any settlement reached at mediation to Owner'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. 10 -5348 Page -11- Communications Services 16E 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. ATTEST: Dwight E. Brock, Clerk of Courts an Dated: Atty First Witness LALvrPve (."rPMig Type^ /Print Witness Name Sec d Witneds C ue? q U Se" 6f?-r Type Print Witness Name Approved as to form and leg ysj,rfficiency: It Wnt County Attorney . Neacj--) Print Name 10 -5348 Communications Services BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman Network Solutions of America, Inc. d /b /a Fiber Solutions of outhwest Florida C Var By: f u r e Page -12- p,OCxj A . LAJOIC Typed Signature Title 16E EXHIBIT A Charges After Hours Rate $60.00 /hour Holiday Rate $60.00 /hour Inside Category 6 Wiring $2.00 /foot 25 Pair Telephone Cabling $9.85 /foot 50 Pair Telephone Cabling $12.00 /foot 100 Pair Telephone Cabling $17.10 /foot 200 Pair Telephone Cabling $27.00 /foot Telephone Install $43.00 1hour Computer Install $43.00 /hour Local Printer Install $43.00 /hour Other /Additional Services $43.00 /hour Rack Install $43.00 /hour Wall Mount Cabinet Install $43.00 /hour Enclosed Ortronics Data Rack 4 foot Supply Model Number $450.40 /each Enclosed Ortronic Data Rack 8 foot Supply Model Number $352.88/each Ladder Rack $16.50 /foot Ortonics 24 port Rack Mount Patch Panel $106.30 /each EMT Conduit $7.00 /foot Material Markup 40% 10 -5348 Page -13- Communications Services ,aco - CERTIFICATE OF LIABILITY INSURANCE gGER r..F 613 -418 -5173 rhF.,.F twin Insurance Group, LLC 0 West Boy Scout Blvd,, Suite 200 TDa. FL 33607 IN$uNEO F•FF813- 289.1293 P"° " °° 888_340.940.2 4dvanTech Solutions I, LLC 4890 West Kennady Rlvd. Su ife 500 Tampa. FL 33609 AS A 16E 6 F UA T6IAI R,DONYYYI o4r0 ;Olv OF INFORMATION THE CERTIFICATE 1END, EXTEND OR INSUREKS AFFORDING COVERAGE NAIC # I1SUR£RA Illinois National Insurance Co_ 123B77 _ INSURER B _I NCI IFFF F WSURERD - - -- - v, i HE FOLIC IE5 OF INSURANCE LIST ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITI IGTANCINC AN'! REOCIIREMENI. " CRIA CR CONDITION OF ANY CONTRO,CT OR OTHER DOCUMENT N1TH RESPECT TO 1VHCH THIS CERTIFICATE MAY 3E ISSUED OR MAY PERTAIN. THE INSURANCE AF FORDED BY THE ROUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANU CONDITIONS OF SUCH POLICIES AGGREGATE LIMIT S SHUVJN MAY HAVE BEEN HEUUCEV BYPAIU CLAIMS. _ ___ _ LL ^— " ". -- P ... „._ PULICY Ei'FFC 11VF POUCTEXPIRA HaN� Utp iS IADR DON. POLICY NUMBER T I NOTICETOTHECINTFICAnNOLOCRNAMCD TOTICLCr T. UUTTAILURETODOSO SHALL GFNFRAL LMHILIIY EACH .. ^XLLLRRBiu^E 3 _ GE W05C NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR O nS%RpA: Ca[! SRJ.L'.IA9IUI1 i PNFUI$EEfEa CESMP141 _ 6 REPRESENTATIVES. , i I•i ne /;< A'CIIR MEB ( %P lPny onE pe ) �S _ _. Aun +uRUeDHEPRZSnnATCE Baldwin Insurance Group, LLC Baldwin _ ( PFRShNALFADVLNJURY GENE PAL AGGREGATE E I iPRrpLG COM:yO a.apG f GB_.L nfGhTf ilMlT hepllF9 rtR , _.. O Irr � I PRD- LCC ! AUTOMOBILE UAtl LICY CDLIDl p SeIGLE UNIT COMEM ED 5 ,11..110 -..._. i r \;UVdJEU >UI C$ 30DILY INJURY , y SCraCLLEDA'JTC4 -� HiREDAU'OS BOOILI INJURY S i =�PDf PfLN1fM1) , I N1W- 6NNCORIIT`J5 PROPERTY DAMAGE AUTO ONY - EA ACCIDENT S GA RAGE LIABILITY hY Y'FVIp ViTO ONLN i nt;TO ONLY A.,G i i EXCESS I _ BILIT'Y OCCUR __J CLAMS MALI[ 0.GG i6Gh1E 5 IL . UEDUCTIBLf. •, S ILILON S S \14.STPTUs SET WORKER, COMPENSATION - 1LKY LIMN$ [R Ril YIN S 1,000,000 EI C C fCO rvi t-{; AOA �H$IIAOILIiY A tVkOP IWT3RPARrN- PJl °C.I V6 i - ..a.U:x -m N 080759637 04101!10 04f01/11 -I'_s 1.000_,000 IWndal°y In AN, 1 41 1111F ISF , „;.;P.o a. Mwbu „n2a/ �Et OI$fnSE- F011CY pMri 1 D 1.000,000 SPE' IA, PROVISIONS CPPW OTHER DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES 1 EAGLUSWN$ ALIDCD S1 EDOORSE4E NT I SPEGinI PRONLONS For the benefit of omployee5 leased to Network SDIUttOFS of America Inc dba Fibel SulutiuiIS of Southwest FL from the captioned named insured. the cenifeate holders actual effective and expiration dates may differ from the dates above and are subject to the terms set forth in the Client Service Agreement between ASI and Network Solutions of AmerlCa, Inc dba Fiber Solutions of Southwest FL and the regulations of the state of domicile. Cunlract8 10 -5384 Communications Services ACORD 25 (2309101) w Do aD -cvva nw.a. w... ,.B., The ACORD name and logo are registered marks of ACORD SNWLOANY OF IMF APRV F OFSCNIRIO PHi IC IFSO F CANCELLEUREFORE THE EXPIRATION Collier County Board of County Commissioners GATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 3301 Tamlaml Trail, East NOTICETOTHECINTFICAnNOLOCRNAMCD TOTICLCr T. UUTTAILURETODOSO SHALL Naples, FL 34112 W05C NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Alin. MS. Diana Deleon REPRESENTATIVES. _ _. Aun +uRUeDHEPRZSnnATCE Baldwin Insurance Group, LLC Baldwin _ ACORD 25 (2309101) w Do aD -cvva nw.a. w... ,.B., The ACORD name and logo are registered marks of ACORD 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 OISUCH 16E 6 _ CERTIFICATE OF LIABILITY INSURANCE 3�18�2oio' PRODUCER (615) 327 -0105 FAX: (615) 321 -0880 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Fridrich, Pinson & Rothberg Insurance Agency ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES UPON THE CERTIFICATE NOT AMEND, EXTEND OR 3825 Bedford Ave. 12/12/2009 12/12/2010 MED EXP(Any one person) ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 203 Nashville TN 37215 AFFORDING COVERAGE NAIC # INSURED --:.INSURERS i INSURER AI Southern Owners Insurance I Network Solutions of America, Inc., DBA: Fiber IINSURERBAUto Owners Insurance Co. 18988 Solutions of SW FL & Fiber Solutions LLC INSURER C. 12120 Metro Pkwy - IFCT PRO- X1 POLICYLI LOC INSURERD. Fort My rs FL 33966 INSURER E. LIABILITY ANY AUTO rOVFRAr9R 1,, COMBINED SINGLE LIMIT 11Ea accident) $ 1,000,000 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 OISUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POCUMR POLICYEFFECTVE POLICYEXRA O LIMITS TYPE OF IN DA M ID Yri ATE MMDDI NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3301 Tamiami Trail E G_ENERALLIABILITY X COMMERCIAL GENERAL LIABILITY Naples, FL 34112 EACH OCCURRENCE —DAMAGE I J R Ei D —� PREMISES LEB occurrencaL_) $ 1,000,000 300 000 A ~. CLAIMS MADE Lx" OCCUR 082312 03867134 12/12/2009 12/12/2010 MED EXP(Any one person) 1$ 10,000 PERSONAL B ADV INJURY _ $ 1,000,000 $___2L0001000 GENERAL AGGREGATE $ 2,000,000 __ G N'LL AGGREGATE LIMIT APP LIES PER PRODUCTS COMPIOPAGG - IFCT PRO- X1 POLICYLI LOC AUTOMOBILE LIABILITY ANY AUTO 1,, COMBINED SINGLE LIMIT 11Ea accident) $ 1,000,000 X B ALL OWNED AUTOS SCHEDULED AUTOS 4786713401 12/12/2009 1112/12/2010 BODILY INJURY (Per person) $ X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accdent) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTOONLY- EAACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGO EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 I OCCUR LA CLAIMS MADE AGGREGATE $_510,00 000 S 13 1 _ DEDUCTIBLE 47 -867- 134 -02 12/12/2009 12/12/2010 - $ X RETENTION $ 10,000 $ WORKERS COMPENSATION I AND EMPLOYERTUABILITY YIN WC STATU- OTH- T RY IMI R _ _ — ANY PROPRIETOR /PARTNER /EXECUTIVE E . EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? - -- (Mandatory In NH) E . DISEASE - EA EMPLOYE $ U yes, describe under SPECIAL PROVISIONS below E L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Certificate holder is listed as additional insured. rFRTIFICATF Hlnl nFR CANCELLATION ACORD 25 (2009/01) ©1988 -2009 ACORD CORPORATION. All rights reserved. I NS025 (200901) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION Collier County Board Of County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3301 Tamiami Trail E Naples, FL 34112 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Chip Fridri_ch /AO ACORD 25 (2009/01) ©1988 -2009 ACORD CORPORATION. All rights reserved. I NS025 (200901) The ACORD name and logo are registered marks of ACORD 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 This Certificate of Insurance 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. ACORD 25 (2009/01) INS025(200e 1) 161 6 Additional Named Insureds Other Named Insureds Fiber Solutions of SW Florida & Fiber Solutions LLC Doing Business As Solutions of America, Inc. Doing Business As Network Solutions of America, Inc. Doing Business As OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC 16E 6 ADDITIONAL COVERAGES Ref # Description Voluntary Property Damage Coverage Code VOLPD Form No. Edition Date Limit 1 5,000 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Per Project Aggregate Coverage Code MCLMJ Form No. Edition Date Limit 1 2,000,000 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Voluntary Property Damage Coverage Code VOLPD Form No. Edition Date Limit 1 25,000 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Hurricane Catastrophe Fund 1 Coverage Code HCF01 Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount 0 Deductible Type Premium $190.77 Ref # Description Uninsured Motorist Liab / BI Coverage Code UM Form No. Edition Date Limit 1 1,000,000 Limit 2 1,000,000 Limit 3 Deductible Amount 0 Deductible Type Premium $2,817.70 Ref # Description PIP -Basic Coverage Code PIP Form No. Edition Date Limit 1 10,000 Limit 2 Limit 3 Deductible Amount 0 Deductible Type Premium $368.79 Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.