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Agenda 01/12/2010 Item #16E 8 Agenda Item No. 16E8 January 12, 2010 Page 1 of 13 - EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign the Assumption Agreement from Solid Resources, Inc., to O'Brien's Response Management, Inc., for FEMA Acceptable Monitoring of Disaster Generated Debris Management and Technical Assistance. OBJECTIVE: To complete the assignment of the agreement from the original party, Solid Resources, Inc. ("SRI"), to O'Brien's Response Management, Inc. ("O'Brien's"). CONSIDERATIONS: The original contract, #05-3831 "FEMA Acceptable Monitoring of Disaster Generated Debris Management", was dated June 28, 2005, and approved by the BCC as Agenda Item 16.C.18. The Contract was by and between Coilier County and SRI. Various departments utilize the services provided under this contract. Subsequently, O'Brien's purchased the assets of SRI on November 3, 2009. County staff was notified on December 4, 2009, of the asset purchase. Foilowing the Procurement Administration Procedures, staff has acquired the necessary documents from O'Brien's which have been reviewed and approved by the County Attorney's staff. The Purchasing Department is recommending approval of the assumption of this Contract by the new firm. FISCAl IMPACT: There is no fiscal impact. - GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This Assumption Agreement has been reviewed and approved by the County Attorney. -JAK RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign the Assumption Agreement SRI to O'Brien's Response Management, Inc., for FEMA acceptable monitoring of disaster generated debris management and technical assistance. PREPARED BY: Diana De Leon, Contracts Technician, Purchasing Department - ,_._--, ,._~--_._-- .-- ~ '~"'_""', ...,,,. 'm....,......',...,.. --, ,,_ _m..,,'~'__'-"__"";"">"_'_ -.'- ._.,._-'"~..~ Agenda Item No. 16E8 January 12, 2010 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E8 Meeting Date: Recommendation for the Board af County Commissioners to approve and authorize the Chairman to sign the Assumption Agreement from Solid Resources, Inc., to OBriens Response Management, Inc., for FEMA Acceptable Monitoring of Disaster Generated Debris Management and Technical Assistance. 1/12/20109:00:00 AM A pproved By Steve Carnell Director. Purchasing/General Services Date Administrative Services Division Purchasing & General Services 1212812009 11 :40 AM Approved By Rhonda Cummings Contracts Specialist Date Administrative Services Division Purchasing & General Services 121291200910:08 AM Approved By Kelsey Ward Manager - Contracts Administration Date Administrative Services --..., Purchasing & General Services 12129120093:59 PM Division Approved By Len Golden Price Administrator - Administrative Services Date Administrative Services Division Administrative Services Division 12129120094:21 PM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 121301200911:25 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12130120094:10 PM Approved By Jeff Klatzkow County Attorney Date 12130/20094:37 PM Approved By John A. Yonkosky Director ~ Management and Budget Date Office of Management & .- Office of Management & Budget 12130/20094:38 PM Budget - --....- ----"--_._..."..._~-, .-- .,. ~_._",,,.....'.'-- ,".'l\ . m.,~ Agenda Item No. 16E8 January 12, 2010 Page 3 of 13 ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of and between O'Brien's Response Management, Inc. ("O'Brien's") political subdivision of the State of Florida ("County"). ,2010, by and Collier County, a WHEREAS, on June 28, 2005, the Collier County Board of County Commissioners entered into an Agreement with Solid Resources, Inc. for FEMA Acceptable Monitoring of Disaster Generated Debris Management and Technical Assistance (attached hereto as Exhibit A, and hereinafter referred to as the "Agreement"); and WHEREAS, O'Brien's hereby represents to Collier County that by virtue of an asset purchase agreement O'Brien's is the successor in interest to Solid Resources, Inc., in relation to the Agreement; arld WHEREAS, the parties wish to formalize O'Brien's assumption of rights and obligations under the Agreement effective as of the date first above written NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: I. O'Brien's accepts and assumes all rights, duties, benefits, and obligations of the Contractor under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. O'Brien's will promptly deliver to County evidence of insurance consistent with Section 16 of the Agreement. 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement are contemplated by the parties. 4. Notice required under the Agreement to be sent to Contractor shall be directed to: CONTRACTOR: O'Brien's Response Management, Inc. Attention: Gary J. Stankovich 555 Winderley Place, Suite ?20 Maitland, FL 32751 5. The County hereby consents to O'Brien's' assumption of the Agreement. No waivers of performance or extensions of time to perform arc granted or authorized. The County will treat O'Brien's as the Contractor for all purposes under the Agreement. I ( ,,-'- Agenda Item No. 16E8 January 12, 2010 Page 4 of 13 -. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. COLLIER COUNTY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk , CHAIRMAN O'Brien's Response Management, Inc. By: Gary J. Stankovich Attest: Corporate Secretary Date: Date: Approved as to form and legal sufficiency: By: Jeffrey A. Klatzkow County Attorney .- 2 - -,--",,~~._._--_._._--_....,..... ... , ,"--_..=. --~"..__.- ~ \ . Agenda Item No. 16E8 January 12, 2010 I?age 5 of 13 . , , r l ~. . AGREEMENT THIS AGREEMENT, made and entered into on this 28th day of June, 2005, by and between Solid Resources, Inc., authorized to do business in the State of Florida, whose business address is 4456 Friar Tuck Lane, Sarasota, Florida 34232, hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work following award of this Contract by the Board of County Commissioners and execution of this Agreement. The contract shall be for a four (4) year period with two (2) additional one (1) year renewals under all of the same terms and conditions contained in this Agreement. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 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 Contractor shall provide FEMA Acceptable Monitoring of Disaster Generated Debris Management and Technical Assistance in accordance with the terms and conditions of RFP #05-3831 and the Contractor's proposal incorporated herein and made an integral part of this Agreement by reference. Work assignments shall be made by requesting a proposal from one (1) or more firms and issuing a Purchase Order. . 3. COMPENSATION. The County shall pay the Contractor for the. performance of this Agreement upon completion of each work assignment as accepted and approved by the County Solid Waste Director, or his designee. Compensation for each work assignment shall be in accordance with the Appendix" A" hourly rate schedule, or as a lump sum is negotiated and mutually agreed upon by the Contractor and Solid Waste Director, or his designee. Payments shall be made to the Contractor when requested as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70 F.5., otherwise known as the "Florida Prompt Payment Act". 1 . - . . . Agenda Ilem No. 16E8 January 12, 2010 F;age 6 of 13 . . . r , > 4. ADDITIONAL ITEMS/SERVICES: Additional items and/or services may be added to this contract upon satisfactory negotiation of price by the Solid Waste Director, or his designee, and Contractor. 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Michelle Harvey, President Solid Resources, Inc. 4456 Friar Tuck Lane Sarasota, Florida 34232 Telephone: 941-342-1720 Facsimile: 941-379-0946 All Notices from the Contractor to the County shall be deemed duly served if mailed, faxed or emailed to the County 10: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attn: Steve Carnell Telephone: 239-774-8407 Facsimile: 239-732-0844 Purchasing@colliergov.net The Contractor and the County rnay change the above mailing addresses, fax numbers or email addresses at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 7. SAFETY. All contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. 8. 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. 9. PERSONNEL SUBSTITUTION. Consultants, firm specialists and other professional personnel assigned to the County project as mentioned in Contractor's proposal can only be changed with the express prior written permission of the County Solid Waste Director, or his designee, who retains final approval of proposed replacement 2 ,-,..,_."-",,, - ,_.._.^--,~-_.._- rT --~-"--_._..,,--- '-- . ~ . . Agenda Item No. 16E8 January 12, 2010 P'ige 7 of 13 . . , . . personneL The County reserves the right to renegotiate the contract should key personnel leave the Contractor's employment. \ Other personnel, such as secretarial and/or administrative support personnel may be changed at the discretion of the Contractor provided that replacements have substantially the same or better qualifications or experience as approved by the Solid Waste Director, or his designee. 10. TRAVEL EXPENSES. Expenses associated with travel, per diem, lodging and mileage will be invoiced at the Federal published reimbursement rate at the time the expenses are incurred and will be billed to the County at cost without mark-up. 11. 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 Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 12. 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. ~ 13. 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 3 ,.._-, - '. .' Agenda Item No. 16E8 January 12, 2010 Page 8 of 13 . . . . . , . . 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. 14. TERMINATION. Should the Contractor be found to have failed to perforrn 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 seven (7) day written notice. The County shall be sole judge of non-performance. 15, NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 16. 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; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Busine5s Auto 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: 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. D. Professional Liability: Coverage shall have a minimum limit of $1,000,000. E. SubcontractorW' Insurance: Subcontractors shall be required to maintain Commercial General Liability Insurance with minimum limits of $500,000; Workers' Compensation as per Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements; and Automobile Liability Insurance with minimum limits of $500,000. The Contractor shall provide County with Subcontractors' ccrtificates of insurance meeting the required insurance provisions upon request. F. .Q.pecial Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprchensive General Liability Policy. Current, valid insurance policies meeting the requirement hercin identified shall be maintained by Contractor 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. 4 '-"<0. ~.,._,_.....___, - ,.....---~-----,~._-- "'----",---...~ ...'",'...-........ -,--"..._~,~, .. . , . Agenda Item No. 16E8 January 12, 2010 Page 9 of 13 . . . . . , . 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. 17. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor or Consultant 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 Contractor or Consultant or anyone employed or utilized by the Contractor or Consultant 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. 18. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid Waste Department. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. The Contractor hereby further agrees that for each entity given written approval by the County to utilize this option, the Contractor/Consultant shall provide the County a check in the amount of three percent (3%) of the total annual purchases made under each entity's contract. Contractor shall be required to provide yearly documentation of such entities' total annual purchases in a form approved by the County. 20. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflictin any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. . 21. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #05-3831 Specifi- cations/Scope of Services/Contractor's Proposal and Addenda. 22. 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. 5 . . Agenda Item No. 16E8 January 12, 2010 Page 10 of 13 . . , " . . . . . - 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 '''''''''''''''' '," .' , " . " r>, . ::.~ ' ". , ,...~'_.''' '. DWigh:.~:.:Br~k,.~ri;r.~,.~ourts " . s~,,: ~ . ~ i. , I. , , < .~ .~ . , <.>.!J' , '" ,~.".... - *1 . . .. . , - BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA w. By: Chairman . Approved as to form and legal sufficiency: Robert Zach Assistant County Attorney SOLID RESOURCES, INC. Contractor L(""L 4. .~ First Witness < By: Signature ~ IL tTypej print witness name t c.s~Je~ . e.. -e.... \-\ ~<v Typed signature and title \ Second Witn ss M,uhe/ e tTypej print witness 1 e('IO amet . - - -~ . . . . . - ".- '-"-'.- .-'- -..... - - , :- -.' "- ~ '-"" - ~ '-. ~ ". ~ -- ~" ....., _. : -.... . .... -" ~ - ,,'- -- - - .-. '- .....- ~" ~--.:-- "" --- - . . . - "-... ~-......- ---- '- - -- . -. - 6 - 0' _, .,,'.'_~"'_' n ~,~. .....-_,._m' ._ - . Agenda Item No. 16E8 January 12, 2010 P'!ge 11 of 13 . , '. - . . . . . APPENDIX A Collier County Fee Schedule RFP 05-3831 "FEMA Acceptable Monitoring of Disaster Generated Debris Management and Technical Assistance" Professional Hourly Fee Principal $140.00 Project Manager/Deputy Project Manager $120.00 FEMA Coordinator/Specialist $110.00 Data Manager $ 75.00 Field Coordinator/Supervisor $ 70.00 GIS Analyst $ 70.00 Disposal Monitor $ 45.00 Collection Monitor $ 40.00 Administrative Support/Clerical! Data Entry $ 35.00 This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support, and other services shall be mutually negotiatcd by the County and the firm on a project-by- project basis as needed. ENO OF APPENOIX A 7 , '- - Agenda Item No. 16E8 January 12, 2010 . AcaBD~ CERl:IFICATE OF LIABILITY. INSURANCE PRODUCER (813)248-1135 LORD & CD., PLC 'ATRICIA LANE SCHMALTZ f.O. BOX 291667 TAMPA, FL 33687-1867 DATE (MMlDDlYVYY) . . 7/8/2005 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 ALTER THE COVERAGE AFFORDED 8Y THE POLICIES 8ElOW. INSURED SOLID RESOURCES, INC. 4456 FRIAR TUCK LANE SARASOTA, FL 34232 INSURERS AFFORDING COVERAGE INSUR'" A AllER I CAN SAFETY RISK RETENTION GROUP INSURER B ANER I CAN I HTERNATI ONAL COMPAN I ES INSURER c: INSUAER 0: INSURER E: NAlC# COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN IssueD TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ==: POLICY NUMBER POLICY EFFEcnVE POLlCY EXPIRATtON UNITS 1,000,000 GENERAL LIABILITY ~ . X COMMERCIAL GENERAl UABlLITY PFL 04-7463-001 09/24/2004 09/2412005 . 50,000 PREMISES E. occurence' j CLAIMS MADE W OCCUR MED EX? (Anyone peraon) . 5,000 A X X CONTRACTORS POLLUTION PERSONAL & ADV INJURY . 1 000,000 GENERAL AGGREGATE . 2,000,000 GEN'l AGGREGATE LIMIT Ai~PER: PROQUCTS. COMP/OP AGO . 2,OOO,-0~0 - X I POLICY I I PRO- lOC AlITOMOBllE UABILlTY COMBINED SINGLE LIMIT 1,000,000 SRI01S01FF 09/24/2004 09/24/2005 (Eaaccidenf) . ANY AUTO All OWNED AUTOS 80Dll Y INJURY (Perperaon) . A SCHEDULED AUTOS X HIRED AUTOS BDell Y INJURY X (Per accident) . NON. OWNED AUTOS PROPERTY DAMAGE . (peracoident) GARAGE LlABIUTY AUTO ONLY. EA ACCIDENT . ANV.'.UTa OTHER THAN e.'.ACC . AUTO ONLY: AGG . EXCESSiUMBRELLA L1AB1UTY EACH OCCURRENCE . I OCCUR [J CLAIMS MADE AGGREGATE . . DEDUCTIBLE . RETENTION . . WOAKER$ C::9"pjN6AnQN AfI_p.. _ _ - ---- -~ X I we STATU., I IOJ~' n -.--. -~ n -" EMPLOYERS' UABILITY WC7757370 09/28/2004 09/26/2005 1 000 000 B ANY PAOPAIETORrPARTNERlEXECVTIVE E.l. EACH ACCIDENT . OFFfCERlMEMBEA EXCWDED? E.L DISEASE - EA EMPLOYE . 1 000 000 If~..,describeundar . 1 000 000 S ECIAL PROVISIONS below E,L. DISEASE. POLICY LIMIT OTHER EACH CLA I M 1,000,000 PROFESSIONAL LIABILITY A INCL IN POLICY & LIMIT PFL 04-7463-001 09/24/2004 09/24/2005 ANHUAL AGGREllATE 2,000,000 WITH GENERAL LIABILITY OESCRIPTlON Of OPERATIONS I LOCAnoNS I VEHICL.ES I EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS CERTIFICATE HOLDER HAS BEEN NAMED AS ADDITIONAL INSURED UNDER THE GENERAL LIABILITY COVERAGES REFERENCED HEREIN AS RESPECTS THE NAMED INSURED AND AS PER THE TERMS AND CONDITIONS OF THE POLICY AS ISSUED. 05- 3li'3l - CERTIFICATE HOLDER COLLIER COUNTY BOARD OF COUNTY CONMISSIONS 3301 EAST TAMIAMI TRAIL CANCELLATION SHOUL.D ANY Of THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE 1S9UINO INSURER WILL ENDEAVOR TO MAlL 30 DAYS WRITTEN NOTICE TO THE CERnFICATE HOLDER NAMED TO THE LEn, BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR _._L NAPLES FL 34112 I ACORD 25 (2001108) C ACORD CORPO ATlON 1988 - ..". '-"'-~~._' . .....,,, - ~-_..".. . -......- " Agenda Item No. 16E8 .. January 12, 2010 SOLID V REsOURCES I~e 13 of 13 ENVIRONMENTAL & ~CY SERVICES Gary J. Stankovich President December 4, 2009 Steve Carnell, C.P.M. Director Collier County Government Center Purchasing Oepartment 3301 Tamiami Trail, East Napies, Florida 34112 Re: FEMA Accepta ContractNumb Disaster Generated Debris Management Dear Mr. Carnell: As you may know, we announced on November 3, 2009 that Solid Resources, Inc. (SRI) is merging into O'Brien's Response Management Inc. This merger will be effective on January 1, 2010. O'Brien's Response Management Inc., the current parent of SRI, is a global provider of regulatory compliance, emergency preparedness, response management, and disaster services and this integration will enable us to provide consolidated services to our government agency clients in a more efficient manner. O'Brien's Response Management Inc. will stand ready at all times to respond to your Debris Monitoring and FEMA Public Assistance needs in the most cost-effective and efficient manner, and in accordance with the high level of professionalism and expertise that you have come to expect from SRI. Your services shall continue to be delivered by the same team of technicai experts who possess extensive knowledge and significant experience in Debris Monitoring and FEMA Public Assistance Services. Under the laws of Florida, this merger will result in a seamless transfer of all assets, personnel, liabilities and contractual obligations from Solid Resources, Inc. into O'Brien's Response Management Inc. As of January 1, 2010, the separate entity of Solid Resources, Inc. shall cease to exist, and shall merge into O'Brien's Response Management Inc. As a result of thi5 merger, all obligations, responsibilities, and liabilities reserved to Solid Resources, Inc. under your contract shall be assumed, perfonmed and/or incurred by O'Brien's Response Management Inc. by QPeration of law. No further action on your part shall be required to affect this transfer. All other terms and conditions of your contract shall remain unchanged. We will provide you a revised W-g form with the new tax 10 number for O'Brien's Response Management Inc. at year-end for 2010. If you have any questions about this merger, or about any of our services or capabilities, please don't hesitate to contact me either by phone at (407) 702-1172 or by email at garv.stankovich@obriensrm.eom. Thank you for the opportunity to serve you. Best Regards, / Gary J. Stankovich Tl-L: 407~702-117S . FAX: 407-702- 1764 . SSS \Vinderlcy Pbct',SLTrL220 . M31tbnd - Fl.elRll):'\. .32751 .