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Backup Documents 09/15/2009 Item #16F 2 16F2 MEMORANDUM DATE: October 1, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Contract #09-5183: "Collier County Tourism Website Design and Maintenance" Contractor: Miles Media Group, LLLP Enclosed, please find one (1) original, referenced above (Agenda Item #16F2) approved by the Board of County Commissioners on Tuesday, September 15, 2009. .. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-8411. Thank you, Enclosures _._...,.~,~.. "......-.~._-----~.- . 1s1. (JdV O~~ G ~L- ~4/"KI1> 1- 16F 2 ITEM NO.: ~S ..r ~ ~J-o~ DATE RECEIV,JtCf FILE NO: lA='"^t< V 'J) ~ ROUTED TO: () 9-- PIZ C - (J L35 2- ~ ~ , DO NOT WRITE ABOVE THIS LINE ( - ---~. " ~j! I REQUEST FOR LEGAL SERVICES Date: September 15, 2009 \~~/ To: Office of the County Attorney Jeff Klatzkow C(!li! t1:ft/f From: Lyn M. Wood, C.P.M., Contract Specialist ~ fY.J~ r Purchasing Department, Extension 2667 ~~ Re: Contract: #09-5183 "Collier County Tourism Website nd ~~ Maintenance" Contractor: Miles Media Group, LLLP BACKGROUND OF REQUEST: This Contract was approved by the BCC on September 15, 2009, V Agenda Item 16.F.2 ~ 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: Jack Wert, Tourism ~-",,~..- ---', ...~.__~_,,___..,_..~_..,., ,'_d_."'" --,~"-~~_......"."...".. .. RLS# O<H'tc- ()(3S} 6 F2 CHECKLIST FOR REVIEWING CONTRACTS ,~ If Entity Name: MIL(.S M..t..blA (jh..~U~J IN~. .. ~\,.,c. ~~ I' ~-( Entity name correct on contract? -- Yes ~No \~ \..-\.1... \ Entity registered with FL Sec. of State? _\.-"""'_Yes --- No Insurance Insurance Certificate attached? v Yes -- No Insured registered in Florida? ~Yes No Contract # &/or Project referenced on Certificate? -- Yes v"'No Certificate Holder name correct (BCC)? _!L_ Yes No Commercial General Liability l-l/tl((lJ General Aggregate Required $ SP~ (J() (J Provided $ Z Moll... Exp. Date Products/Compl/Op Required $ Provided $ I' Exp. Date (I Personal & Advert Required $ Provided $ I Ml. L. Exp. Date " Each Occurrence Required $ Provided $ , I Exp. Date ( , Fire/Prop Damage Required $ Provided $ '31H)~(J Exp. Date I' Automobile Liability 4 ( t{ fa) Bodily Inj & Prop Required $ S 8tJJ 10 (J Provided $ JllAlL- Exp Date Workers Compensation I I Each accident Required $ seal D()O Provided $ Suo, 100 Exp Date \( I { 1(7 . Disease Aggregate Required $ Provided $ I ( Exp Date ( Disease Each Empl Required$~_ Provided $ I I Exp Date ' , Umbrella Liability Exp Date lJ/- t:z I/(? Each Occurrence Provided $ 3 M\. L Aggregate Provided $ \.1 Exp Date. I I Does Umbrella sufficiently cover any underinsured portion? ~Yes ~ No Professional Liability Exp. Date ~ !a..lllJ Each Occurrence Required $ J M.l L Provided $ I \\At L Per Aggregate Required $ Provided $ II Exp. Date I I ' Other Insurance Each Occur Type: Required $_~_ Provided $ Exp Date_ County required to be named as additional insured? ~Yes ~ No County named as additional insured? ~_Yes ~ No Indemnification /Yes Does indemnification meet County standards? No Is County indemnifying other party? -- Yes -tL:-No Performance Bond Bond requirement referenced in contract? -- Yes No Ifattached, expiration date of bond Does dollar amount match contract? ~ Yes No Agent registered in Florida? -- Yes ~ No Signature Blocks Correct executor name in signature block? V Yes ~ No Correct title of executor? _~_ Yes No Executor authorized to sign for entity? --'L:: Yes - No Proper number of witnesses/notary? ~\~ l:7 Yes ~ No Authorization for executor to sign, if necessary: Chairman's signature block? V Yes No ~Yes ~ Clerk's attestation signature block? - No County Attorney's signature block? ~Yes - No Attachments ~es Are all required attachments included? No ~ Reviewer Initials: Date: 04.C'OA- 103 /222 ~,-,..."~-_.. .,_,.."~~,,^_ , II ~~-",..,"""'_ .",...~<__,_,_"~~.._...,'.___.""__~_~..,_. 'n< ,."..._,_......._~_........ - MEMORANDUM 16F2.... TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract specialist,~ Purchasing Department ~/' i DATE: September 15, 2009 RE: Review I nsurance for Contract: #09-5183 "Collier County Tourism Website Design and Maintenance" Contractor: Miles Media Group, LLLP This Contract was approved by the BCC on September 15, 2009, Agenda Item 16.F.2 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: Jack Wert, Tourism ~ DATE RECEIVED . · ..' {.tv J\F SEP 1 5 2009 i/n~? RISK HAHAGEMEN' ~". OM _,'.....'.h...,".~..,.,..."""_.. - llJJ ---~,.,'>;-~'"_._..~.--~- ~..., 16F2 ,-- mausen_g From: RaymondCarter Sent: Thursday, September 17, 2009 1 :21 PM To: LynWood Cc: mausen_g; WertJack; GazgaNorberto Subject: Contract 09-5183 "Collier County Tourism Website Design and Maintenance" All, I have approved the Certificate(s) of Insurance provided by Miles Media Group LLLP for contract 09-5183 which will now be forwarded to the County Attorney's Office for their review. Thank you, Ray ~~ Manager Risk Finanace Office 239-252-8839 Cell 239-821-9370 1 ,~.."."",,"--.. --,....".,.,._,.~..,,..~. "~-._..~",,.__._.._., ~..~.,.._......_..___."~""-_~k__~ www.sunbiz.org - Department of State Page 1 of2 16F Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List R-Eilu.lnTgl.,ist IEntity Name Search No Events No Name History Sl./bmit I Detail by Entity Name Foreign Profit Corporation MILES MEDIA GROUP, INC, Filing Information Document Number P28796 FEIIEIN Number 650163180 Date Filed 04/05/1990 State DE Status ACTIVE Principal Address 6751 PROFESSIONAL PARKWAY WEST SARASOTA FL 34240 Changed 10/08/2002 Mailing Address 6751 PROFESSIONAL PARKWAY WEST SARASOTA FL 34240 Changed 10/08/2002 Registered Agent Name & Address WILLIAMS, PARKER, HARRISON, DIETZ 200 S. ORANGE AVE. SARASOTA FL 34236 US Name Changed: 02/20/2002 Address Changed: 02/20/2002 Officer/Director Detail Name & Address Title PD MILES, ROGER W 6751 PROFESSIONAL PKY WEST SARASOTA FL 34240 Title D COMEY, ROBERT A 101 SECOND ST SE #800 CEDAR RAPIDS IA Title V BERLIN, STEPHEN 6751 PROFESSIONAL PKWY WEST http://www.sunbiz.org/scripts/cm"det.exe?action= D ETFIL&inq_ doc _ number= P2 8 796&inq... 4/14/2009 ~"hn____",," _, __...""",,,..,__.~"._"A 'u.,..._________ A ~ --- www.sunbiz.org - Department of State Page2of2 16F SARASOTA FL 34240 Title V WINKLE, PAUL 6751 PROFESSIONAL PKWY WEST SARASOTA FL 34240 Title VST BARTENS, WILLIAM 6751 PROFFESIONAL PKWY W SARASOTA FL 34240 Annual Reports Report Year Filed Date 2007 01/17/2007 2007 04/06/2007 2008 02/14/2008 Document Images 02/14/2Q08>::::::ANNLJAL RE:PORI View impge inPDF format I 04/06/2007 -::: ANNUAL RE:POBT VieW imagein.PRFtorrnat I 01/17/2007 :::::ANNUAL RE:PORT View image in PQF fOrrTlat 1 02/06/20QQ=-~AN NLJi~,LR~POBT View image inPDF format I 03/17/2005 =ANNUAL REPORT View image inPDF format I 02/08/2005 = ANNUAL REPORT yiew image inPDF format I 02/19/2004 =ANNUAL REPORT View imageirl PDp format I 02,121/2003 ::::ANNLJi\L RI;PORT View image inPDFformat I 0.2!20!2002..~~ANNLJALRE:PQRT View impge in PDF format I 02102/2001-=-::ANNLJALBEPQRT Vie"" irnagein PDFformpt I o 1af3J20QO~::ANNLJALBE::PORI View ilTlpge inpDFformpt I 02123JJQ99n::- ANNU6LBEPQRT View image in PDF format I 02/Qp!1998:~AN NU6LRI;PORI View ImagE:lln PRF forml'lt I 02/28/1997n==-~NN!l6L REPQRT View impge inppFformat I {t3j07/1996 ~-_ANNUAL RE:PQRT View image in ppPformat I 01 /241199p-==-8HN UAhREP0_RT VieW image in PDP format I Note: This is not official record, See documents if question or conflict. Preyious 9n Lt~t Next on List ReturnT91-ist IEntity Name Search No Events No Name History Submit .1 I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyri(lht and Privacy Policies Copyright @ 2007 State of Florida, Department of State, http://www.sunbiz.org/scripts/cordet.exe?action=D ETFI L&inq_ doc_l1umber= P28796&inq... 4/14/2009 ,.^..---, - ......._"-...,~..,,,~... ^_, ..._",,,__~__,___., ._ (I. .....-..- "'__,.....,..__.,_..___~'~."o AGREEMENT 16F2 09-5183 /JCollier County Tourism Web site Design and Maintenance" THIS AGREEMENT, made and entered into on this ;.,'1-1./ day of " 2009, by and between Miles Media Group, Inc., authorized to do business in he State of Florida, whose business address is 6751 Professional Parkway West, Suite 200, Sarasota, Florida, 34240-8443, hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNE S SETH: 1. COMMENCEMENT. This Agreement shall commence on October 1, 2009 and shall be for a two (2) year period. The County may, at its discretion and with the consent of the Vendor, extend the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional one (1) year periods. The County shall give the Vendor written notice of the County's intention to extend the Agreement term not less than thirty (30) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Vendor shall provide professional website design and maintenance services in accordance with the terms and conditions of RFP #09-5183, "Collier County Tourism Web site Design and Maintenance", and the Vendor's proposal, incorporated herein by reference and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Vendor and the County Project Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Vendor for the fixed monthly cost for website hosting and maintenance as follows: Web Site Hosting plus twelve (12) hours maintenance per month for www.paradisecoast.com $l,950jmonth HBX monthly licensing, analysis, reporting $ 750 j month Additional tasks required by the County will be evidenced by Vendor proposals and a County Purchase Order. Payments shall be made to the Vendor when requested as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and upon approval by the Tourism Development Director or his designee, and in compliance with Chapter 218, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act" . 4. NOTICES. All notices from the County to the Vendor shall be deemed duly served if mailed or faxed to the Vendor at the following Address: -.--,.-----,,-.-..-- .._<..'--~ "..- OIr" 'o!-"_, ~,-,,-,.."--....- -- Miles Media Group, Inc. 16F2 ;- 6751 Professional Parkway West, Suite 200 Sarasota, FL 34240-8443 Attention: Roger W. Miles, President & CEO Fax # 941-907-0300 All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Tourism Development Department 3050 North Horseshoe Drive # 218 Naples, Florida 34104 Attention: Jack Wert, Executive Director Fax # 239-252-2404 The Vendor 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. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Vendor or to constitute the Vendor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Vendor. The Vendor shall also be solely responsible for payment of any and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter aaopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 7. NO IMPROPER USE. The Vendor 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 Vendor or if the County or its authorized representative shall deem any conduct on the part of the Vendor to be objectionable or improper, the County shall have the right to suspend the contract of the Vendor. Should the Vendor 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 2 < "...~.,o<____._,~__"o'.'_""""""~' ....__.,....~-"'-".,._,,-,-.-.----.._ .....~___..._"'"...'",'.".,."'.'"".;=-_.___.m .:r' r;l' _. 16F2 violation is cured. The Vendor 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 Vendor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately 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 Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General 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 Premises and Operations; Independent Vendors; 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. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability Insurance: The Consultant shall maintain Insurance to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Coverage shall have minimum limits of $1,000,000 Per Occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Vendor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) 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. 3 ~..'.~~.-.._" r ~ --,....,..~-....._~-~--._- 16F2 Vendor shall insure that all sub-Vendors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor 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 Vendor or anyone employed or utilized by the Vendor 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. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Tourism Development Department. 13. CONFLICT OF INTEREST. Vendor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Vendor further represents that no persons having any such interest shall be employed to perform those services. 14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Proposal, Insurance Certificate, and RFP #09-5183 Specifications/Scope of Services. 15. 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. 16. 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. 4 _..~..~._'" -- . 16F2 17. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Vendor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 USe. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Vendor 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. 18. OFFER EXTENDED TO OTHER GOVERNMENT AL 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. 19. 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. 20. ADDITIONAL ITEMS/SERVICES. Additional items and! or services may be added to this contract upon satisfactory negotiation of price by the Contract Manager and Vendor. 21. 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 Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Vendor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 22. KEY PERSONNEuPROTECT STAFFING. The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set 5 .._",.,~_._,_.'w"".",,_'~'_'_"""'~'~__"_"~_'__ .. .. II ...,.--_,.w._~...~..~_._,.......____,_", 16F2 forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications andj or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. IN WITNESS WHEREOF, the Vendor 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 wri tten. BOARD OF COUNTY COMMISSIONERS ATTEST:. (: ..., J,I,';- C'~. COLLIER COUNTY, FLORIDA <f'" .. '.~' <~ Dwi i,,'~' 'Brock, Cl{!~~of Courts If) d ~ 'I;' f~ By: 4!.~ ~~, Donna'Fiala, Chairman . Miles Media Group, . Tnc. i~ Vendor ~ By: ~~' First Witness Signature ..' 11>'1 ( L--I5c." ~~:s7met _ 51l:r/e ~OJ) v' Pi.- Pv8usJ.JGll Second Witness Typed signature and title .k.P--7Z1AJ1 .S;. rn~s:;-- tTypejprint witness namet Approved as to form and ltem# [to~a ~;:Pj~L 8~~;da Q.I f r;jrt] - ~~~l::,Ldllt County Attorney ~\C-a" '5: La H R. ~..e. ~ Print Name 6 - ------ -.. ~.-.""."-.'a.-""-......'"".,...-''''' ~-. "T 9/10/2009 13:09:14 From: To: 1 (239) 252-6597 16 f- 22 ) ~. CERTIFICATE OF LIABILITY INSURANCE OP 10 32 I DATE (MMlDDIYVYY) MILES-1 09/10109 PRODUCER THIS CERTIACATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTlACATE Brown & Brown of Florida, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1819 Main Street Suite 510 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Sarasota FL 34236 Phone: 800-421-2803 Fax: 941-893-2300 INSURERS AFFORDING COVERAGE NAIC# INSURED MiJ.es Meq1a Group, LLC INSURER A: American Casualty Co of 20421 Miles Media Group, Inc. Miles Media Group, LLLP INSURER B: Valley Forge Insura.nce Co See The Berkshires Inc INSURER C: Columbia Casualty Co Miles Media LLC 6751 Professional Parkway INSURER 0: Continental Casualty Co Sarasota FL 34240 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POliCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDrTlON 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 TE RMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '~~R ~~'Rc TYPE OF INSURANCE POLICY NUMBER c"'i'fE1'1MMIDDIVYVY\ D~W-r'MMlDDIYvYYi LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 - ~R~~~S (Ea occurence) A X ~ COMMERCIAL GENERAL L1ABIUTY 2083116757 04/09/09 04/09/10 $ 300000 h CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5000 I- PERSONAL & ADV INJURY $ 1000000 I-- GENERAL AGGREGATE $2000000 n'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2000000 -h PRO- n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ 1000000 A X ANY AUTO 2083116760 04/09/09 04/09/10 (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - X HIRED AUTOS BODILY INJURY - (Per accident) $ ~ NON-OWNED AUTOS - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ aESS I UMBRELLA LIABILITY EACH OCCURRENCE $ 3000000 D X OCCUR D CLAIMS MADE P2083116774 04/09/09 04/09/10 AGGREGATE $ 3000000 $ ~ DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION X ITB'~Y~tWs I IU~~- AND EMPLOYERS' LlABILlTV VIN B ANY PROPRIETORlPARTNERIEXECUTIVLJ WC287957049 01/01/09 01/01/10 E.L EACH ACCIDENT $500000 OFFICERiMEMBE R EXCLUDED? (Mandatory In NH) I E,L DISEASE - EA EMPLOYEE $ 500000 ~~E~I1t'~~~v'is16~s below E.L DISEASE. POLICY L1Mrr $ 500000 OTHER C Professional 26811803603 04/09/09 04/09/10 Limit 1000000 Liabilitv Ded 25000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is recognized as additional insured with respects to general liabi1ity only. *10 days notice of cance11ation for non payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Collier County Government IMPOSE NO OBLIGATION OR L1ABILlTV OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 East Tamiami Trail REPRESENTATIVES. Naples FL 34112 AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) "--.-. ,,_.._--,-_._--"..._~~,.~~.,.,--,,----^_._---- .." ...."_.".,.-.---..,~_.-,-...._,--' ,- 16F2 Patricia L. Morgan From: Sent: To: Cc: Subject: Attachments: DeLeon Diana [DianaDeLeon@colliergov.net] Friday, November 19, 20109:35 AM Patricia L. Morgan Ward, Kelsey 09-5335 Contract Mod form Amendment #2 Executed Amend #2.pdf; Amend #1 VisionMobile.pdf Pat, Please attach amendment #2 to the contract. Attached is Amend #1 in case you didn't get it. Thanks, Diana De Leon Purchasing Dept (239)252-8375 Under Florida LJVi. e-In(1i1 ;-;ddresses are public rec()ld~; It '{OU do !10t vv;mt your emirl adzhess l'",!e;\',{,d 'I' !pSpmbP r(; .j Pl!bliC IH(nd'.; :tlq"r~',;I,j- "'I)' ",-;;d ("iedronic mai! 10 this (J(li,jy instBad Ci)r1t;:;ci nil'; otfiu, iJ,. tei."pkJj ,t' ill 'i: \h;!it:(i 16F2 EXHIBIT A-I Contract Amendment # 09-5335 "Collier County Website Hosting and Maintenance" This amendment, dated JL"--, 20 I 0 to the referenced agreement shall be by and between the parties to the original agreement, Vision Internet Providers, Inc., whose business address is 2530 Wilshire Boulevard, 2nd Floor, Santa Monica, California 90403 (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Client" or "County"). Statement of Understanding RE: Contract # 09-5335 "Collier County Website Hosting and Maintenance" In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per Exhibit "A I-A" attached to this Amendment and incorporated herein by reference. The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete said services in the amount of five thousand nine hundred twenty five dollars ($5,925) which will be deducted from the County's accumulated maintenance hours. All other terms and conditions of the agreement shall remain in force. 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(s) indicated below. CONTRACTOR C /4 - A By: Title: Dated: Steven B. Chapin President ~ 1/1.1 \0 OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA County Attorney ~ By: Stephen . Ca ell Director of Purchasing and General Services .wJI , Exhibit A1-A to Contract # 09-5335, 'Collier County Website Hosting and Maintenance" 16F2 Enhancement #2, represents and describes additional work for the Collier County website. visionMobile ™ will enhance your website's usability and provide your community w~h even more opportunities to interact with the County. v;'~, j 1) !':'.~Clb 11<: visionMobile™ dynamically converts all standard web pages and key components, such as the Calendar and News to your mobile website. Updates remain simple and easy with dynamic posting to the traditional website and the mobile version. Also, intuitive navigation allows users to go through all page levels with ease. Your website will be compatible with all major smart phones including iPhone, Blackberry, Android, Windows Mobile phones and more. . . . . . clIO....... . F', . "DI1---'-' IlCIi ...*"", 'co._i" Figure 1 vlslonMobile™ will make your website compatibie with all major smart phones Including iPhone, Blackberry, Android, Windows Mobile phones and more. p, :\H i:,:;Tvice~ isionMobile ™ -.u._.. ;"~:~'~~lf""~", $5,925 The cost of visionMobile™ will be deducted from the County's accumulated maintenance hours. Patricia L. MorQan 16F2 From: Sent: To: Cc: Subject: Attachments: OeLeonOiana [OianaOeLeon@colliergovnet] Friday, November 19, 2010 9:35 AM Patricia L. Morgan Ward, Kelsey 09-5335 Contract Mod form Amendment #2 Executed Amend #2.pdf; Amend #1 VisionMobile.pdf Pat, Please attach amendment #2 to the contract. Attached is Amend #1 in case you didn't get it. Thanks, Diana De Leon Purchasing Dept (239)252-8375 Under Fluridi:l 1;~\N e!llilil addresses (lre public reconh if Y(iLl de nol wan1 \lOUI e.m:Jli Clddrl:;S~ r81e"nfed 1I11t'SUOllse to d public recOlcls H;'(lLI(~st do l1ul send rpall Ie Vi'S entity tnsteDd CDI1!CJC: thi:; u~ti:.;t' tJ)/ \t;iepriilik' ill ".v'l!mq 16F2 EXHIBIT A-2 Amendment # 2 10 Contract 09-5335 "Collier County Website Hosting and Maintenance" This amendment, dated ;11::,7 ,2010 to the referenced agreement shall be by and between the parties to the original agreement, "ision Internet l'roviders, Inc., whose busl11cSS address IS 2530 Wilshlrc Boulevard, 2nd Floor, Santa Monica, California 90403 {to be referred to as "Contractor") and Collier County, Florida, (to bc referred to as "Chent" or "County"). Statement of lJnder<landing RE: Contract # 09-5335 "Collier County Website Hosting and Maintenance" In order to continue the services provlded tC)r in the original Contract Jocument referenced above, the Contractor agrees to amend the above referenced Contract as follows: Add Additional Services below in Accordance with Exhihil B Rate Schedule of above referenced contract. Add Gilogle CSE search to Collier County Websitc Dynamic Programming: 3.33 hours @ $135 per bour = $450 Add Google CSE search to Collier County Sberiff's Office Website Dynamic Programming: 3.33 hours @ $135 per hour = $450 The Collier County Sheriff's Office will issue payment for their required services separatel)' from the County. The Contractor agrees that this amends the original Contract and that the Cont.ractor agrees to complete said scrvices in the amount of nine hundred dollars ($900.00). All other terms and conditions ofthc agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectlvely, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ('ONTRA(TOR ATTEST: Vision Internet Providers, Inc. Corporate Secretary/Witness ;[::rv-;: Q--~,,</, By:?[" >-<- O~c.//-:' <:;J Dated: .--LI~_=_L~'_ / By,/ Tiile: Dated: sie~s1itih;'pi~- _ - ____ President l/:~~l__j~:? ___'~_."~~~'._"M___ A"P.f!Loved as to form and rt'.egal'sufficiency:,,! 1 \ / / \\ ! r /' .,-\--~ j\-..f--l('~ /1",,- (-----t;.-"',LW-..' ",;"".,f ,"<'\,.c ~. "..;t...l,t County Attorney ~)vJy OWNFR: BOARD OF COUNTY COMMISSIONERS COlLIER COUNTY, FLORIDA r By: (".<._j { !;...~ f;,,0:..~~_ _:__!~._i~_::..i:I>- Stephen Y. C~p<ell Director of Purchasing and General Services 16F2 Exhibit A Scope of Services Annual Maintenance and Hosting Services Agreement Collier County and Vision Internet Providers Inc. I. a. Contractor shall do all work and carry out all activities necessary for completion of Web site Maintenance and Hosting Services. b. Contractor enters into this Agreement as an independent contractor and not as an employee of the Client. The Contractor shall have no power or authority by this Agreement to bind the Client in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Contractor are employees, agents, contractors or subcontractors of the Contractor and not of the Client. The Client shall not be obligated in any way to pay any wage claims or other claims made against Contractor by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Agreement. 2. Contractor agrees to perform website maintenance up to five (5) hours per month at a price of $550 per month. Maintenance beyond five (5) hours per month is optional and considered Extra Work as described in Paragraph 4. Any unused hours in a given month will be applied to the following month ("Surplus Hours"). In the event there are Surplus Hours at the end of twelve (12) months, Contractor will allow Client to apply these hours to web site component development, provided that: a. Contractor has been paid in filll, and on time each month, b. Any work to utilize Surplus Hours is requested by Client pnor to the end of the thirteenth month, and c. Work requested by Client can be reasonably completed by Contractor by the end of the fourteenth month. In the event that the conditions of 3 a, b, and c above are not fulfilled then all Surplus Hours are forfeited. 3. Additional services not covered in this Agreement and extra work (i.e., work beyond the five (5) hours per month) may be requested by Client from time to time under this Agreement ("Extra Work"). Extra Work will be billed at prevailing hourly rates which are currently as stated in Exhibit B - Rate Schedule, attached. Client shall be responsible for any or all additional fees including, without limitation: photography, stock images, illustration, scanning, software, applications, online promotion, marketing, copy writing, redesign, change orders, mailings, and fees to any third party vendors if applicable. 4. Client understands that Contractor will perform maintenance to be compatible with eXIsting Client website utilizing the Vision Internet Content Management Tool. 6 Exhibit B Rate Schedule Website Hosting Monthly Web site Maintenance 3-5 hours a month Above 5 hours a month Additional Services HTML Programming, Data Input Graphic Production Quality Assurance, Testing, Debugging, Webmaster Services Consulting, Project Management, Database Design, Dynamic Programming Graphic Design, Training Straight flatbed scanning Touch up work to images biIled at Graphic Design hourly rate 9 $200/ month $110/hour $lOO/hour $85/hour S95/hour Sl05/hour $135/hour $125/ hour $10 per scan 16F2