#05-3831 (O'Briens Assumption)
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of ~. /7-
and between O'Brien's Response Management, Inc. ("O'Brien's") and Collier
political subdivision of the State of Florida ("County").
,2010, by
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; and
WHEREAS, the parties wish to formalizc O'Brien's assumption ofrights 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:
l. 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 moditications 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 220
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 are granted or authorized. The County
will treat O'Brien's as the Contractor for all purposes under the Agreement.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Asswnption
Agreement effective as of the date first above written.
COLLIER COUNTY:
ATTEST:
DWIGHT, E:13RUQ<, Clerk
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O'Brien's Response Management, Inc.
BOARD OF COUNTY COMMISSIONERS
COLLIE17COUNTY, FLORIDA
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, CHAIRMAN
Donna Fiala
BY:~/
Gary J. Stank vich
Date: / - J/ - / 0
Attest:
Corporate S etary
DateY L/ It/!)
'orm and legal sufficiency:
2
CERTIFICATE OF LIABILITY INSURANCE
AON
PRODUCER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT
Aon Risk Services of the Northeast AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
199 Water Street, 30th Floor COMPANIES AFFORDING COVERAGE
New York, NY 10038 COMPANY NATIONAL LIABILITY AND FIRE INSURANCE COMPANY
A
COMPANY ZURICH AMERICAN INSURANCE COMPANY
B
INSURED: COMPANY
O'Brien's Response Management C
2929 E. Imperial Highway, Suite 290 COMPANY
Brea, CA 92821 0
COMPANY UNITED STATES FIDELITY AND GUARANTY CO.
E
COMPANY AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE CO.
F
COMPANY
G
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCES LISTED HEREIN 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 WlTH 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, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
00 POLICY EFFECTIVE POLICY EXPIRATION
cn< TYPE OF INSURANCE POLICY NUMBER DATE (MMlDDNY) DATE (MMIDDNY) LIMITS
A ..E:ENERAl LIABILITY GENERAL AGGREGATE $ 2,000,000
~ OMMERCIAl GENERAL L1AB. PRODUCTS-COM PlOP AGG $ 1,000,000
I-- CLAIMS MADE 0 OCCUR. LNY -00052-2009 418/2009 4/8/2010 PERSONAL & ADV INJURY $ 1,000,000
I- OWNER'S & CONTRACTOR'S PROTo EACH OCCURRENCE $ 1,000,000
I- FIRE DAMAGE (ANY ONE FIRE) $ 50,000
MED. EXP. (ANY ONE PERSON) $ 5,000
B ~TOMOBILE LIABILITY
- ANY AUTO BAP 9323983 5/3f2009 5/3f2010 COMBINED SINGLE LIMIT (each) $ 1,000,000
- ALL OWNED AUTOS BODILY INJURY (per person)
- SCHEDULED AUTOS BODILY INJURY (per accident)
~ HIRED AUTOS PROPERTY DAMAGE (per accident)
~ NON-OVIINED AUTOS
C Tl/UMBRELLA LIABILITY
CLAIMS MADE D OCCUR. EACH OCCURRENCE
EXCESS OF UNDERLYING
0 U.S. LONGSHORE & HARBOR WORKERS
(Compensation Risks) X I STATUTORY I I OTHER
E WORKERS' COMPENSATION AND X I STATUTORY I I OTHER
EMPLOYERS LIABILITY
THE PROPRIETOR I PARTNERS I EL EACH ACCIDENT $ 1,000,000
EXECUTIVE OFFICERS ARE: D274W00704 10/1/2009 10/1/2010
EL DISEASE - EACH EMPLOYEE $ 1,000,000
R:NCLUDED
EXCLUDED EL DISEASE - POLICY LIMIT $ 1,000,000
F CONTRACTORS POLLUTION I E&O COPS 195-5121 5/3/2009 I 5/3/2010 LIMIT (ANY ONE OCCURRENCE) $ 1,000,000
DESCRIPTION OF OPERATIONSJLOCATIONSNEHICLESJSPECIAL ITEMS:
Certificate Holder has been named as additional insured under the general liability coverage referenced herein as respects the named insured and as
per the terms and conditions of the policy as issued.
1/11/2010
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
Collier County Board of County Commissions DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
3301 East Tamiani Trail FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
Naples, Fl 34112 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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