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Backup Documents 01/12/2010 Item #16E 8 MEMORANDUM 16Ea Date: January 21, 2010 To: Diana Deleon, Contracts Technician Purchasing & General Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract: #05-3831 "FEMA Acceptable Monitoring of Disaster Generated Debris Management" Contractor: O'Brien's Response Management, Inc. Enclosed please find one (1) original, as referenced above (Agenda Item #16E8), which were approved by the Board of County Commissioners on Tuesday, Janaury 12, 2010. The Minutes & Records Department has retained an original for the Board's Records. If you should have any questions, please contact me at 252-8411. Thank you. Enclosures (1) +,;'S ::> ~ ITEM ., 09-PRC-014~ FILE NO.: "L' '" ') rJ' r,'! :: 1c,2 ; '...' t-L I. I V DA Tg)i~~d~~hif::_ ;",>JUNTrA1" !\jRNEY ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: January 12, 2010 To: Jeff Klatzkow, County Attorney From: Diana De Leon, Contract Technician Purchasing Department, Extension 8375 j.( L(J,-~ Re: Assumption of Contract: #05-3831 "FEMA Acceptable Monitoring of Disaster Generated Debris Management" Contractor: O'Brien's Response Management, Inc. BACKGROUND OF REQUEST: ~ This Contract was approved by the BCC on January 12, 2010, Agenda Item 16.E.8 This item has been previously submitted ACTION REQUESTED: Agreement review and approval. OTHER COMMENTS: Please forward to the Chairman of the 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: Dan Rodriguez, Solid Waste ~, II I, II,..,..". '. /' \ \J\"'j',"'j''J. ~ \ 'l, ~ "- \\1--\\ ,0 ., ! " J I/~/)I& V\vv. ~,~k~~ L ~ ~- MEMORANDUM 16E8 TO: Ray Carter Risk Management Department FROM: Diana De Leon, Contract Technician Purchasing Department " </ _:y~ t,.. DATE: January 12, 2010 RE: Review Insurance for Assumption of Contract: #05-3831 Acceptable Monitoring of Disaster Generated Management" "FEMA Debris Contractor: O'Brien's Response Management, Inc. This Contract was approved by the BCC on January 12, 2010, Agenda Item 16.E.8 Please review the Insurance Certificate for the above referenced contracts. 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 8375. C: Dan Rodriguez, Solid Waste DATE RECEIVE[' jAN 1 3 2010 tUSK MHHAGEMEN; / 1<< . . . / ~ 20--1' [) 16E8 mausen 9 From: Sent: To: Cc: Subject: RaymondCarter Wednesday, January 20, 20109:28 AM DeLeon Diana RodriguezDan; mausen_g Assumption of Contract: "05-3831 FEMA Acceptable Monitoring of Diaster Generated Debris Management" All, I have approved the insurance provided by O'Brien's Response Management, inc, in the assumption agreement for contract 05-3831 as approved by the BCC on January 12, 2010. The contract 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 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. 1 www.sunbiz.org - Department of State Page I of2 16 8 Home Contact Us E-Filing Services Document Searches Forms Help Previol,l_~ Qn List lolelCJ9n List ReturoLQJ.,iJ;t IEntity Name Search Submit I Ev~ots No Name History Detail by Entity Name Foreign Profit Corporation O'BRIEN'S RESPONSE MANAGEMENT INC. Filing Information Document Number F09000003639 FEIIEIN Number 720978746 Date Filed 09108/2009 State LA Status ACTIVE Last Event MERGER Event Date Flied 12110/2009 Event Effective Date 0110112010 Principal Address 2929 E. IMPERiAL HWY SU ITE 290 BREA CA 92821 Mailing Address 2929 E IMPERIAL HWY SUITE 290 BREA CA 92821 Registered Agent Name & Address STANKOVICH, GARY 555 WINDERLEY PLACE SU ITE 220 MAITLAND FL 32751 US OfficerlDirector Detail Name & Address Title CHRM PERKINS, TIM 2929 E IMPERIAL HWY, SUITE 290 BREA CA 92821 Title VCHR BLANK, RAN 3500 SUNRISE HIGHWAY, SUITE T-103 GREAT RIVER NY 11739 Tille V BLANK, RAN 3500 SUNRISE HIGHWAY, SUITE T-103 http://www.sunbiz.org/scripts/cordet.exe?action=D ETFIL&inq_ doc _ number= F09000003... 12/I 8/2009 '-"'_-_"'_-~,._,-,-_.,._-,,---_._---,-_.~,-_....- www.sunbiz.org- Department of State Page 2 of2 16E8 GREAT RIVER NY 11739 Title P POLITTE, ERIC 6620 CYPRESS DRIVE, SUITE 200 SPRING TX 77379 Title ST FORSTER, KEITH 2929 E. IMPERIAL HWY. SUITE 290 BREA CA 92821 Title D GRAN, ALICE 2200 ELLER DRIVE FORT LAUDERDALE FL 33316 Annual Reports No Annual Reports Filed Document Images 12/1 0l20Q9.=-Meraer 09108/2009 =-Forelgn Profit View image in PDF format View image in PDF format I Note: This is not official record. See documents if question or conflict. I Previous on li~ Next on List Return .To List e_'t~nl~ No Name History I Entity Name Search Submit I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copyright and Privacy Policies Copyright ''&) 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=D ETFI I >&in'l. doc _ number= 1'09000003... 12/18/2009 ,. (Requestor's Name) (Address) 000162138780 (Address) (Clty1StatelZiplPhone #) D PICK-UP D WAIT o MAIL 12/10/1:1:3--01041 --005 *.'10.00 (Business Entity Name) :. (Document Number) Cerlified C;opi.es Certificates of Status . );'- . ....., r-fr:: = = r-, 1...1:.', >';J,,':' 0 TI ::err; f'T1 :1>-, n u>:t> - U)~, a r-." rr~-( . ""~ m :,,~ "'" ::iC rv> 0 0-1 - :;:J):'.. " -- -~~ .z:- C""; '!'I-' -.J Special Instructions to Filing Officer: EfFECTIVE DATt , - {~ U>/,p Office Use Only 1no4Q./ TB DEe 1 5 2009 COVER LETTER TO: Amendment Section Division of Corporations SUBJECT: O'Brien's Response Manaqement Inc. Name of Surviving Corporation The enclosed Articles of Merger and fee are submitted for filing. Please return all correspondence concerning this mailer to following: Keith Forster Contact Person O'Brien's Response Management Inc. FimvCompDny 2929 E. Imperial Hwy, Suile 290 Address Brea, CA 92821 City/State and Zip Code Keilh,Forster obriensrm.com E.011111 address: (to be use or uturc annual report nOllficulion) For further information concerning this matter, please call: Karyn M, Lee Name or Contuct Person At ( 858 ) 509-5952 Area Code & Daylilllc Telephone Number 16E8 o Certified copy (optional) $8.75 (Please send an additional copy of your document If a certified copy is relJuested) STREET ADDRESS: Amendment Seclion Division of Corporations C1it1on Building 2661 Executive Center Circle Tallahassee, Florida 32301 :\'IAILlNG ADDRESS: Amendment Section Division of Corporations P.O. Box 6327 Tallahassee, Florida 32314 , ~~. 16[8 INTO EFF~TIVE DATE (-(-W/.{2. ;C.. 'Of .I. (j II U'Pg j') , ..... f......./', Ute .... <..r' 0<'.. 10 /A V' '"11.1. -1::;:1.4 4ft -4,yA '1,'., II.. / '~S '0.' y' St., ~ (, / < ,-" 1:, -rl. "'1.. Ol?/u: ARTICLES OF MERGER MERGING SOLID RESOURCES, INC. O'BRIEN'S RESPONSE MANAGEMENT INC, ******* The following Articles of Merger are submitted in accordance with the Florida Business Corporation Act, pursuant to section 607,1105, Florida Statutes. FIRST: The name and jurisdiction of the surviving corporation: Name Jurisdiction Document Number O'Brien's Response Management Inc. Louisiana F09000003639 SECOND: The name and jurisdiction of the merging corporation: Name Jurisdiction Document Number Solid Resources, Inc. Florida P00000066042 THIRD: The Plan of Merger is attached. FOURTH: The merger shall become effective on January 1, 2010. FIFTH: The Plan of Merger was adopted by the sole shareholder of the surviving corporation on December 9, 2009. SIXTH: The Plan of Merger was adopted by the sole shareholder of the merging corporation on December 9, 2009, SEVENTH: The signatures for each corporation of the merger: Name of Corporation Siqnature of Officer Name and Title O'Brien's Response Management Inc. ~~y~ 2JVhm~~j) K. Tim Perkins, Chief Executive Officer Solid Resources, Inc, K. Tim Perkins, Chief Executive Officer C:\Documents and Settings\tperkins\Local Settings\Temporary Internet Files\OLK9B\Art Merger Plan Merger (FL) re ORMI and SRl.doc PLAN OF MERGER 16E8 OF SOLID RESOURCES, INC, AND O'BRIEN'S RESPONSE MANAGEMENT INC. ******* The following Plan of Merger is submitted in accordance with the Florida Business Corporation Act, pursuant to section 607.1101, Florida Statutes, and in accordance with the laws of any other applicable jurisdiction of incorporation, FIRST: The name and jurisdiction of the surviving corporation: O'Brien's Response Management Inc. Louisiana SECOND: The name and jurisdiction of the merging corporation: Solid Resources, Inc, Florida THIRD: The terms and conditions of the merger are as follows: 1. The merger shall become effective on January 1, 2010. 2. The Articles of Incorporation of O'Brien's Response Management Inc" which is the surviving corporation, in effect on the effective date of the merger, shall continue in full force and effect as the Articles of Incorporation of the corporation surviving this merger. 3. Each share of common stock of the merging corporation that is outstanding on the effective date of merger, and all rights in respect thereof, shall be cancelled, After the effective date of the merger, each holder of an outstanding certificate representing shares of common stock of the merging corporation shall surrender the same to the surviving corporation. 4, The Bylaws of the surviving corporation as they shall exist on the effective date of the merger shall be and remain the Bylaws of the surviving corporation until the same shall be altered, amended or repealed as therein provided. 5, The directors and officers of the surviving corporation shall continue in office until the next annual meeting of stockholders and until their successors shall have been elected and qualified. 6, Upon the merger becoming effective, all property, rights, privileges, franchises, patents, trademarks, licenses, registrations and other assets of every kind and description of the merging corporation shall be transferred to, vested in and devolve upon the surviving corporation without further act or deed and all property, rights, and every other interest of the surviving corporation and the C:\Documents and Settings\tperkins\Local Settings\Temporary Internet Files\OLK9BlArt Merger Plan Merger (FL) ra ORMI and SRl.doc .. " . 16E8 merging corporation shall be as effectively the property of the surviving corporation as they were of the surviving corporation and the merging corporation respectively. The merging corporation hereby agrees from time to time, as and when requested by the surviving corporation or by its successors or assigns, to execute and deliver or cause to be executed and delivered all such deeds and instruments and to take or cause to be taken such further or other action as the surviving corporation may deem necessary or desirable in order to vest in and confirm to the surviving corporation tiUe to and possession of any property of the merging corporation acquired or to be acquired by reason of or as a result of the merger herein provided for and otherwise to carry out the intent and purposes hereof, and the proper officers and directors of the merging corporation and the proper officers and directors of the surviving corporation are fully authorized in the name of the merging corporation to take any and all such action. C:\Oocuments and Settings\tperkins\Local Seltings\Temporary Internet Files\OLK9B\Art Merger Plan Merger (FL) re ORMI and SRl.doc '- \ . ~. . r , AGREEMENT 16(8 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": WIT N E SSE T H: 1, COMMENCEMENT. The Contractor hhall 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". . r, , 1'6E 4. ADDITIONAL ITEMS/SERVICES: Additional items and/ or services may be added to 8 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 to: 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 may 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 -. 16E8 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 GIFfS 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 '. l6J[8 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 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 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. Business Auto Liabilitv: 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. Subcontractor(sl' 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' certificates of insurance meeting the required insurance provisions upon request. F. 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 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 . - .16-E8 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 conflict in 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 . . 16E8 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. ATIEST: ':'~:"':;..,>,.. .. ,..~''-'.... .'.... '~f Dwight,E,:BrPck::Gr~r~, Courts , .'--. '-.' ';..-.~ " .J. \";:&'; .- . ,,.,. 04:: i BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~W r~n~ Chairma~ '-"" 0........ By: Dated~ ';: ,.. t .. . (S$:A .~ -~) .....,~"s...i '-.- ? ... ... ('~~ .' Attest as t;b'~i,t'.\';' s1gnature only. Approved as to form and legal sufficiency: Robert Zach Assistant County Attorney SOLID RESOURCES, INC. Contractor /" \-J "-- ~'- " First Witness ~CLA ff",c.,1~1'I(J,fR."~1L tType/ print witness namet -~ '" Signature ~s~Je~ - . '~-" ;-"" ..: --.- ... - ........ "'.-- - _....~......... - ---.' ~- ../" . . . - ~',-- -'- -- - . -. 6 . . . . 16EB . .. APPENDIX A Collier County Fee Schedule RFP 05-3831 "FEMA Acceptable Monitoring of Disaster Generated Debris Management and Technical Assistance" Professional Hourlv 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 negotiated by the County and the firm on a project-by- project basis as needed. END OF APPENDIX A 7 - 8 ---;-:-~ I QATE (MMlDDfYYVY) ACDBD", CERTJFICATE OF LIABILITY. INSURANCE . .7/8/2005 PRODUCER {813j248-1135 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LORD & CO" PLC ON~ Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE PATRICIA ~ANE SCNMALTZ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 291667 ALTER THE COVERAGE AFFORDED BY THE PO~ICIES BELOW. TAMPA, FL 33867-1667 INSURERS AFFORDING COVERAGE NAIC# INSURED SOLID RESOURCES, INC. INSURERAAMERICAN SAFETY RISK RETENTION GROUP 4456 FRIAR TUCK LANE INSURER B, AMER I CAN I NTERNATI ONAL COMPAN I ES - - SARA SOT A, FL 34232 INSURER C: INSURER 0: --- INSURER E' 16E 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 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '= TVPO' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION l.IMITS LT ~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PFL 04-7483-001 09/24/2004 09/2412005 PREMISES k:~~~~nc&\ $ 50,000 I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5,000 A X X CONTRACTORS POLLUTION PEASONAL & ADV INJURY S 1 000 009_ ~~ENERAlAGGREGATE $ 2,000,000 m'L AGG~EnE LIMIT APPLIeS PER PROOUCTS - COMPIOP AGO $ 2,000,000 X POLICY ~rc?,: n Loe ~OUOBllE liABILITY COMBINED SINGLE LIMIT 6 1,000,000 ANY AUTO SRI01S01FF 09/24/2004 09/2412005 (Eaaccideni) I---- C- AlL OWNED AUTOS BOOll Y INJURY $ A SCHEDULED AUTOS (Per person) c- ~ HIRED AUTOS BODILY INJURY $ r-~ NON-OWNED AUTOS (Peraooident) c- PROPERTY DAMAGE $ (Per accident) RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA Ace s AUTO ONl V: AGG $ pESSlUMBRELL.A LIABILITY EACH OCCURRENCE $ OCCUR iJ CLAIMS MADE AGGREGATE $ .. $ R DEOUCTIBLE $ RETENTION $ $ WORKI;RS Q9"P~s.ATlQN "''''P -- X I we STATU., I 10J~ EMPLOYERS' UABlllTY WC7757370 09/28/2004 09/28/2005 1,000,000 8 ANY PAOPRIETORlPARTNERlEXEClJTIVE ~~_ EACH ~CCIDENT $ OFFICER/MEMBER EXCLUDED? E.L DISEASE. EA EMPLOYEE $ 1,000 000 II ~e8, describe under 1 000 000 S ECIAL PROVISIONS below EL DISEASE - POLICY LIMIT 6 OTHER EACH CLA I M 1,000,000 PROFESSIONAL LIABILITY A INCL IN POLICY & LIMIT PFL 04-7483-001 09/24/2004 09/2412005 ANNUAL AGGREGATE 2,000,000 WITH GENERAL LIABILITY DESCRIPTION OF OPERATIONS' LOCATIONS' VEHICLES' EXCLUSIONS ADDEO BY ENDORSEMENT' SPECIAL PROVISIONS CERTIFICATE HOLDER HAS BEEN NAMED AS ADDITIONA~ INSURED UNDER TNE GENERAL LIABILITY COVERAGES REFERENCED KEREIN AS RESPECTS THE NAMED INSURED AND AS PER TKE TERMS AND CONDITIONS OF TKE POLICY AS ISSUED. 05- 3g3( CERTIFICATE HO~DER COLLIER COUNTY BOARO OF COUNTY COMMISSIONS 3301 EAST TAMIAMI TRAil CANCELLATION NAPLES FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIV . AUTHORIZED REP~E ATION 1988 ACORD 25 {2001J08j 16E8 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 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 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. 16f8 IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written, COLLIER COUNTY: ATTEST: DWIGHTE:'13ROCl(, Clerk ,'."..." . BOARD OF COUNTY COMMISSIONERS COLLIE~COUNTY, FLORIDA If! If~/ ~<.O~ D ' CHAIRMAN onna Fiala "'ie'.', ~ "''<'''~.''.''!'''.'.' , . ~ I . '. '~ "'OJ:: M }..-1 A~~tij'i~~._ , {t9jy~ur' 00.,. . ~'(':,'" O'Brien's. Response Management, Inc. BY:~",/ Gary J, Stank vich Attest: ~ Corporate S ctary DateYLJI,t!> Date: / - +" - / 0 By: Jeffrji... cou';r orm and legal sufficiency: 2 CERTIFICATE OF LIABILITY INSURANCE 16C18 AON PRODUCER: THIS CERTIFICATE IS ISSUED ASA 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 FIDEUTY AND GUARANTY CO. E COMPANY AMERICAN INTERNATIONAL SPECIAL TV 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 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, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOVlIN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 00 POLICY EFFECTIVE POLICY EXPIRATION Lm TYPE OF INSURANCE POLICY NUM8ER DATE (MMIDD/VY) DATE (MMIDDNY) LIMITS A ~ENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL L1AB. PRODUCTS-COM PlOP AGG $ 1,000,000 I CLAIMS MADE o OCCUR. LNY -00052-2009 4/8/2009 4/8/2010 PERSONAL & ADV INJURY $ 1,000,000 - OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000,000 - FIRE DAMAGE (ANY ONE FIRE) $ 50,000 MED. EXP. (ANY ONE PERSON) $ 5,000 B ~TOMOBILE LIABILITY - ANY AUTO BAP 9323983 5/3/2009 5/3/2010 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 ffiUMBRELLA 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' COMPENSA liON AND X I STATUTORY I I OTHER EMPLOYERS LIABILITY THE PROPRIETOR I PARTNERS / EL EACH ACCIDENT $ 1,000,000 EXECUTIVE OFFICERS ARE: D274W00704 10/1/2009 10f1/2010 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 51312010 LIMIT (ANY ONE OCCURRENCE) $ 1,000,000 DESCRIPTION OF OPERA1l0NS/LOCA1l0NSNEHICLESfSPECIAL 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 CANCELLA 1l0N 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 REPRESENTA1lVE 2>% .,6'.:, ~... ~ --"- -" t/2-<...-L - - ci511:::::~-- BY: