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#12-5845 Assumption Agreement (Hawkins, Inc. DBA The Dumont Company) ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of Ja Ld r-4 (3 2015, by and between Hawkins, Inc. (registered in Florida as Hawkins Water Treatment Group, Inc.) d/b/a The Dumont Company ("Hawkins") and Collier County, a political subdivision of the State of Florida("County"). WHEREAS, on October 23, 2012,the County awarded a contract under ITB 12-5845 and 12-5845R "Countywide Chemicals" to The Dumont Company ("Dumont"), and its subsequent renewals, collectively attached hereto as "Exhibit A," and hereinafter referred to as "Agreement;"and WHEREAS, Dumont hereby represents to Collier County that by virtue of an Asset Purchase Agreement, Hawkins is the successor in interest to Dumont in relation to the Agreement; and WHEREAS, the parties wish to formalize Hawkins' 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: 1. Hawkins accepts and assumes all rights, duties, benefits, and obligations of Dumont under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. Hawkins will promptly deliver to County evidence of insurance consistent with the Agreement. 3. Further supplements to, or modifications of, the Agreement shall be approved in writing by both parties. 4. Notice required under the Agreement to be sent to Vendor shall be directed to: VENDOR: Hawkins,Inc. d/b/a The Dumont Company 381 S. Central Avenue Oviedo, FL 32765 Phone: (800) 330-1369; Fax: (800) 524-9315 Email: ronc@dumontchemicals.com Attention: Ronald Cartwright 5. The County hereby consents to Hawkins' assumption of the Agreement in order to continue the services provided under Contract 12-5845/12-5845R by virtue of the Asset Purchase Agreement and name change. No waivers of performance or extensions of time to [14-PRC-02812/1138757/1] 1 Exhibit A AGREEMENT 12-5845 &12-5845R for Countywide Chemicals THIS AGREEMENT, made and entered into on this l3'"F day of Oc+. 2012 by and between The Dumont Company, authorized to do business in the State of Florida, whose business address is 381 S. Central Avenue, Oviedo, FL 32765 hereinafter called the "Vendor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on Cr f 2 3,,7U% 4-, and terminating on e z t z�_,2 c . The County may, at its discretion and with the consent of the Vendor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) 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 ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Vendor shall provide the awarded chemical(s) on a Primary/Secondary basis as identified in Schedule A, attached herein and incorporated by reference. Chemicals will be provided in accordance with the terms and conditions of ITB 12-5845 and 12-5845R and the Vendor's submittal referred to herein 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 or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION. The County shall pay the Vendor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price. The contract shall be fixed pricing for a six (6) month period of time for each chemical awarded. The County reserves the right to establish a longer fixed schedule (greater than 6 months) with the awarded supplier(s). Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Page 1 of 10 (Tik ) Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. 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: The Dumont Company 381 S. Central Avenue Oviedo, FL 32765 Telephone: (800) 330-1369; Fax: (800) 524-9315 E-mail: Attention: Ronald H. Cartwright, President All Notices from the Vendor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing &General Services Director Telephone: 239-252-8975 Facsimile: 239-252-6480 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. Page 2 of 10 €II 6. 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. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., 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 adopted. The Vendor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Vendor. 8. 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 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. 9. 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 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. 10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Vendor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $2,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Vendors; Products and Completed Operations and Contractual Liability. Page 3 of 10 B. Business 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. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Pollution Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence for Bodily Injury Liability and Property Damage Liability. Special Requirements: Collier County Government 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 ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. 12. 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 the 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Division of Public Utilities Water and Wastewater departments, in conjunction with the Division of Public Services Parks and Recreation department. 14. 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. Page 4 of 10 C4 rJ 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Vendor's Submittal, Insurance Certificate, ITB #12-5845 and 12-5845 Specifications/Scope of Services, two (2) Addenda, and Schedule A. 16. 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. 17. 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. 18. 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 U.S.C. 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. 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. 20. 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. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy. 22. 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 Page 5 of 10 C 9�) 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. 23. PERSONNEL: The Vendor's personnel and management to be utilized for this contract 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. The Vendor shall employ people who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on this County contract is not in the best interest of the County. 24. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Vendor at Owner's discretion. 25. ASSIGNMENT: Vendor shall not assign this Agreement, or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement or any part herein, without the County's consent, shall be void. If Vendor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Vendor all of the obligations and responsibilities that Vendor has assumed toward the County. Page 6 of 10 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 written. BOARD OF COUNTY COMMISSIONERS ATTEST: _, ;,,; COLLIER COUNTY, FLORIDA Dwi:• E. Brock,' trk of Courts CC By: sL 4-,'\J b.tee: l Fred W. Coyle, Chairman SEAL) .ignata,wf Sri. t- The Dumont Company Ale endor a // Y , First Witness ature Marna; .JfiIVak,5.rn TType/print witness namel' /, /I al&e 12o-�c Jd. (4. Cunu}-w rt 12(i'siden-' cond Witness Typed signature and tige CXy /601 V"1a5.uoli TType/print witness namel' Approved as to form and legal sufficiency: Assistant 6112( r12$(431141. ntyey Emily R. Pepin Print Name Page 7 of 10 Project Manager:Dale Waller EXHIBIT A Notices Sent:313 Date Posted:2/29/12(7/11/12 for 12-5845R) BID TABULATION Packages Downloaded:53 Date Opened:3/28/12(8/8/12 for 12-5845R) 12-5845/12-58458 COUNTYWIDE CHEMICALS Bids Received:25 '=Number' �!CompanyName Product r' Desrnptian: Nie wre ,. Prim 'Atwardee . 1 Tanner Industries,Inc. W-1 Ammonia - lbs $0-6500 Primary 1 Airgas Specialty Products,Inc W-1 Ammonia lbs $0.6900 Secondary 2 Airgas Carbonic W-2 Carbon Dioxide ton $215.0000 Primary __.. ._.._.. ... ... 3 Allied Universal Corp W-3 Chlorine lbs $0.1935 Primary 3 Brenntag Mid South W-3 'Chlorine lbs $0.2295 Secondary . . ._ __. _ _ ...... 4 American Water Chemicals,Inc. W-4 =Corrosion Inhibitor(ortho-polyphosphate) lbs $0.4100 Primary 4 F2 Industries,LLC W-4 Corrosion Inhibitor(ortho-polyphosphate) lbs $0.4300 Secondary 4 Carus Corporation W-4 Corrosion Inhibitor(ortho-polyphosphate) lbs $0:4300 Secondary 5 Thatcher Chemical of Florida W-5 Fluoride(Sodium Fluorsllicate) . lbs $0.4500 Primary 5 The Dumont Company,Inc. W-5 I Fluoride(Sodium Fluorsilicate) lbs $0.4900 Secondary 6 Lhoist North America W-6 l Lime lbs $0.1400 Primary 7 The Dumont Company,Inc. W-7 Liquid PO4 lbs $0.5300 Primary 7 Carus Corporation W-7 Liquid PO4 lbs $0.5500 Secondary 8 The Dumont Company,Inc. W-8 Muriatic Acid lbs $0.3100 Primary 8 Harcros Chemicals,Inc W-8 Muriatic Acid lbs $03200 Secondary 9 American Water Chemicals,Inc. W-9 Scale Inhibitor lbs $0.6900 Primary 10 Pol d ne W-10 Slud:e Pal mer lbs $1.4000 Prima 10 BASF Corporation W-10 Slud:e Pal mer lbs $2.2300 Secondary 11 Key Chemical W-11 50%Sodium Hydroxide lbs $0.1500 Primary 11 Harcros Chemicals,Inc W-11 50%Sodium Hydroxide lbs $0.1800 Secondary 12 Sulfuric Acid Trading Company,inc. W-12 Sulfuric Acid lbs $0.0630 Primary 12 Key Chemical W-12 Sulfuric Acid lbs $0.1500 Secondary 13 Poiydyne W-13 Polymer lbs $1.4000 Primary 13 BASF Corporation W-13 Polymer lbs $2.2300 Secondary 14 Polydyne WW-1 Emulsion Polymer lbs $1.0500 Primary 14 BASF Corporation WW-1 Emulsion Polymer lbs 51-1500 Secondary 15 Harcros Chemicals,Inc WW-2 Phosphoric Acid gal 512.7500 Primary 15 Shannon Chemical Corporation WW-2 Phosphoric Acid gal $13.2700 Secondary 16 Harcros Chemicals,Inc WW-3 25%Sodium H droxide Solution :al $1.3300 Prima 17 F2 Industries,LLC W/WW-1 Calcium Hypochlorite lbs $1.1600 Primary 17 Thatcher Chemical of Florida W/WW-1 Calcium Hypochlorite lbs 51.2100 Secondary 18 Odysse Manufacturin:Compan W/WW-2 Sodium H •ochlorite :al $0.6400 Prima 19 Davis Supply,Inc. PR-1 Chlorine gal $1.1000 Primary 19 The Dumont Company,Inc. PR-1 Chlorine gal $1.1500 Secondary 20 Harcros Chemicals,Inc PR-2 Sodium Bicarbonate lbs $0.3500 Primary 20 The Dumont Company,Inc. PR-2 Sodium Bicarbonate lbs 50.3600 Secondary 21 Harcros Chemicals,Inc PR-3 Muriatic Acid gal $2.9000 Primary 22 Airgas National Carbonation PR-4 CO2 lbs $0.2300 Primary 23 Thatcher Chemical of Florida PR-5 Calcium Chloride lbs 50.3300 Primary 23 Harcros Chemicals,Inc PR-5 Calcium Chloride lbs 50.3700 Secondary 24 Chemrite PR-6 Cal-Hypo(100%Chlorine lbs 51.2200 Primary 24 The Dumont Company,Inc. - PR-6 Cal-Hypo(100%Chlorine lbs $1.4000 Secondary . . 25 The Dumont Company,Inc. WW-5 Soybean Oil Degreaser gal $10.9500 Primary , 25 Fo:Free Technolo:ies WW-S So bean Oil D :reaser :al 515.7500 Seconda i I Opened By:Nicole Parker 0 Brenda By:Bree nda Reaves AL°RCP CERTIFICATE OF LIABILITY INSURANCE 8/30/0 12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT DeDe Donel son NAME: Lassiter-Ware Insurance of Maitland PH No Exe: (800)845-8437 , No): (888)883-8680 2701 Maitland Center Parkway E-MAIL SS: Suite 125 PRODUCER 00027381 CUSTOMER to N. Maitland FL 32751 _ INSURER(S)AFFORDING COVERAGE NAICI INSURED INSURERA(NautilUS Insurance Company 17370 INSURERB:Great Divide Insurance Company 25224 The Dumont Company Inc. INsuRERC:Zenith Insurance Co. 13269 P.O. Box 622280 - INSURER D: INSURER E: l Oviedo FL 32762 INSURER F: COVERAGES CERTIFICATE NUMBER:12-13 MASTER REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN9R 11 IADDLISUBR POLICY EFF 1 POLICY EXP I TYPE OF INSURANCE LTR �INSR I WVD POLICY NUMBER IMM/DD/YYYY)]IMM/DDIYYYY) OMITS GENERAL UABIUTY EACH OCCURRENCE I S 1,000,000 ■ , DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 300,000 A CLAIMS-MADE X OCCUR X X GLP2004640-00 2/19/2012 2/19/2013 MED EXP(Any one person) S 10,000 X ■ Contractual Liability Includes: Products PERSONAL B ADV INJURY S 1,000,000 X Pollution Liability Pollution Liability GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 POLICY�r 2CT _ I LOC I r AUTOMOBILE UABILrTY COMBINED SINGLE UMIT S 1,000,000 (Ea acadant) X ANY AUTO BODILY INJURY(Per person) $ BAP1545145-10 2/19/2012 2/19/2013 B ALL OWNED AUTOS x 'BODILY INJURY(Per accident) $ SCHEDULED AUTOS Includes: I DAMAGE $ — X HIRED AUTOS Transportation Pollution (Per accident) X NON-OWNED AUTOS S PIP-Basic S 10,000 UMBRELLA LIAB X OCCUR 2TX200465800 EACH OCCURRENCE '$ 3,000,000 X EXCESS LIAB CLAIMS-MADE Excess over General Liab, /19/2012 2/19/2013 (AGGREGATE iS 3,000,000 DEDUCTIBLE Pollution Liability, Auto ,S A X I RETENTION S 0 Liability & Workers Comp S C WORKERS COMPENSATION X WC STATU- I BOTH-I AND EMPLOYERS'LIABIUTY I TORY LIMITS ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE j E.L.EACH ACCIDENT I$ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) ' 5070173404 (2/19/2012 2/19/2013 EL DISEASE-EA EMPLOYEES 1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 1,000,000, ( DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more apace Is required) Contract 812-5845 and #12-5845R Countywide Chemicals Collier County is named as Additional Insured with respects to General Liability as required by written. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County 3327 Tamiami Trail East Naples, FL 34112-4901 AUTHORIZED REPRESENTATIVE Scott Broughton/DEDED - - ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(2oosos) The ACORD name and logo are registered marks of ACORD Collier County BCC 6/213/201J 1U : 11:14 AM YAUC J/VVI 3/VV rax out VCl Co l e r County Administrative Services Division Purchasing June 28, 2013 Mr, Ronald H. Cartwright, President The Dumont Company, Inc. 381 S. Central Avenue Oviedo, FL 32765 Fax: 800-524-9315 Email: RE: Renewal of Contract#12-5845R"County-Wide Chemicals" Dear Mr. Cartwright: Collier County would like to renew the above agreement under the same terms and conditions for one (1) additional year in accordance with the renewal clause in the agreement. If you are agreeable please indicate your intentions byproviding the appropriate information as requested below: AIL/ I am agreeable to renewing the above referenced contract under the same terms, conditions,and pricing as the existing contract The following attached documentation must be provided with response. • Provide updated and current insurance certificate I am not agreeable to renewal of this contract. By your signature, this contract will be in effect from October 23, 2013 through October 22, 2014. #d Purchasing Department•3327 Tamiami Trail East•Naples,Florida 34112-4901•woraca@iergov.neVpurdsesing LAO Collier County BCC 6/28/2013 10:11: 14 AM PAGE 4/004 rax server Page 2 of 2 RE: Renewal of Contract#12-5845R"County-Wide Chemicals" Please return this letter to the Purchasing Department with your response and updated insurance certificate at your earliest convenience. If you have any questions you may contact me at 239-252- 8407, email kathleenmullins ac colliergov.net and fax 239-252-2861 or 239-732-0844. Best regards, - : Markiewic Interim Director—Purchasing/General Services u:z - • :.•_- i. ::A ;;..`r:.....� Via:,..; of C « c n e 1...Q: ' :. , ::s7m iJ= Name of Company Company Signature , Co •orate Officer Print Name Corporate Officer / L PNU Jl�!f,JJ/�iv�'V/. - •Signature Date •Eire - - j. ~.t:.^P'.. 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N ¢ 0 s z 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 a a a a a a a a a .AU ( Aco a CERTIFICATE OF LIABILITY INSURANCE DATE 0 YY) i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the I certificate holder in lieu of such endorsement(s). , PRODUCER CONTACT Kristin Tuhacek NAME: Lassiter-Ware Insurance of Maitland PH NN.EYu (800)845-8437 1��� No): ADDRESS: (888)883.8680 2701 Maitland Center Parkway I c` Suite 125 INSURER(S)AFFORDING COVERAGE NAIC# Maitland FL 32751 ` INSURERA:Westchester Surplus Lines 10172 INSURED INSURERB:ACe American Insurance Company 22667 The Dumont Company Inc. INSURERC:Zenith Insurance Co. 13269 'i P.O. Box 622280 INSURER D: INSURER E: Oviedo FL 32762 INSURERF: COVERAGES CERTIFICATE NUMBER:14-15 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF - POLICY EXP LTR TYPE OF INSURANCE INSR Vfn POLICY NUMBER (MM/DD/YYYY1 IMMIDD/YYYY) LIMITS GENERAL LIABILITY W EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 300,000 000 A CLAIMS-MADE , X OCCUR X 027137374001 2/19/2014 2/19/2015 MED EXP(Any one person) $ 25,000 X Contractual Liability PERSONAL 8 ADV INJURY $ 1,000,000 i X Pollution Liability GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X jEt° LOC PollutionLiab-Each Condition $ 1,000,000 AUTOMOBILE LIABILITY C0M-SINEO SINGLE LIMIT (Ea accident) $ 1,000,000 B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED H08456689001 2/19/2014 2/19/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS x NAUTON OS-OWNED Includes: PROPERTY DAMAGE (Per aCCident) $ Transportation Pollution $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 A x EXCESSLIAB CLAIMS-MADE AGGREGATE $ 3,000,000 DED X RETENTION$ 0 027137416001 2/19/2014 2/19/2015 $ C WORKERS COMPENSATION ... STATU- [0TH- AND EMPLOYERS'LIABILITY Y/N X TORY I WITS I FR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y N I A (Mandatory lnNH) Z070173406 2/19/2014 2/19/2015 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Contract #12-5845 and #12-5845R Countywide Chemicals Collier County is named as Additional Insured with respects to General Liability as required by written. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ' THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail East Naples, FL 34112-4901 AUTHORIZED REPRESENTATIVE Paul Ziccardi/KRISTT __If - `���� ACORD 25(2010/05) C1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD Co #er County Administrative Services Division Purchasing July 14, 2014 Mr. Ronald Cartwright, President The Dumont Company, Inc. 381 S. Central Avenue Oviedo, FL 32765 FAX: 800-524-9315 Email: roncdumontchemicals,com RE: Contract Renewal for#12-5845 and 12-5845R ''County-Wide Chemicals" Dear Ms. Cartwright: Collier County would like to renew the above agreement under the same terms and conditions for one (1) additional year in accordance with the renewal clause in the agreement. This renewal is contingent upon Project Manager approval. If you are agreeable please indicate your intentions by providing the information as requested below: I am agreeable to renewing the above referenced contract under the same terms, conditions, and pricing as the existing contract. The following attached documentation must be provided with response. • Provide updated and current insurance certificate I am not agreeable to renewal of this contract. By signature this contract will be in effect from October 23, 2014 through October 22, 2015. Please take a moment to review the Collier County Online Bidding System and refresh your. business profile information. Log into the County's site at: http://bid.colliergov.net/bid/, select My Profile and My Commodities, and review information and commodities to ensure they accurately reflect your business. aZ,y1 Prmilaann nprartrwnt•1197 Tamiami Trail Fast•NanIPS.Florida 341124901•www.coiliertiov.net/purchasing Page 2 of 2 RE: Contract Renewal for#12-5845 "County-Wide Chemicals" Please return this letter to the Purchasing Department with your response and an updated insurance certificate at your earliest convenience. If you have any questions you may contact Brenda Reaves at 239-252-6020, email brendareaves(a,colliergov.net or FAX 239-252-6592. Respectfully, *''e Markiew - 151+ Director— Procurement Services F, Acceptance of Contract Renewat r fpt "� �?9 as* tc ov .,145,92t,� 2 .i r . •� Y'l; a. Name of Company � €., +E . , pany I . ' *. ./- ,�• Company Signature ��'� f' , (Corporate Officer) e��'�t / L` Print Corporate Officer , , e Name Signature Date '?'_ -..y ? ' x?'� •? S} w - pry„ Yr.t, ,� ,hi $ 3+} p�.yprr + e 1804. at,,'u` .�v `''g1tir , FN ?T xtp flat @[iy�Fiacl � onnaon X3 Ewkrxa4 j+ ,aN fT4, r� 7.ar . f� (fn order fo make sure ou `contact information is a Contact Name Fre rl I! cr '• area. S V • 111 Pr95+d enfi Ad,. /4-6,54- Telephone Number OD 33O t 3L�9 FAX Number goo -,ca'F— 31 Email Address rOri . .. oiuxnon 'al restiS_Ge-rh tvta.YC.rus eAkin (-hem (cat6. Crrm Address 3St S• Cer+ra.- Av4 . D v fedo FL. 3711,6 C: Joanne Markiewicz, Procument A a CERTIFICATE OF LIABILITY INSURANCE 10/14/2014� `0 ' This CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. If SUBROGATION IS WANED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorserrsent(s). CONTACT Stephanie Landmark PRODUCER NAME: Marsh&McLennan Agency LLC PHONE _763-746-8203 I INC.NoFAX 7225 Northland Dr N#300 ck Na.Fel Minneapolis MN 55428 _,mss landrr►arks @rjfagencies.com INSURERISI AFFORDING COVERAGE HAIC$ INSURER A:Steadfast Insurance Corn A+XV 26387 INSURED HAWKINS INSURER 5:Great Divide Insurance Company A+X 25224 Hawkins, Inc.d/b!a The Dumont Company INsuRERc:Nautllus Insurance Company A+XV 17370 2381 Rosegale INSURER D: Roseville,MN 55113 INSURER S: INSURER F: COVERAGES CERTIFICATE NUMBER:1518138239 REVISION NUMBER: ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR JADOL_I°" ' POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD'YYYY} (MWDD'YYYYt C ,X COMMERCIAL GENERAL LABILITY GLP2D1280210 /30/2014 9/30/2015 EACH OCCURRENCE 51,000,000 CLAIMS-MADE X OCCUR PREMISES(Eaococaxrence) $1,000,000 X Intl Prod Poll MED EXP(My one person) $25,000 PERSONAL a ADV INJURY 51,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 POLICY 'PRCOT- X LOC PRODUCTS-COMP/OP AGG 52,000,000 OTHER: S B AUTOMOBILEIJIABIIITY BAP201278510 9/3012014 9130/2015 COMBINED i ING1ELIMIT 31.DOO,000 X ANY AUTO BODILY INJURY(Per person) 3 ALL OWNED SCHEDULED BODILY INJURY(Per accident) S NON-OWNED 'PROPERW)AMAGE 3 HIRED AUTOS AUTOS (Pet eceident) X MCS-90 x CA 9948 S A UMBRELLA UAe X S655436805 9/30/2014 9130/2015 EACH OCCURRENCE 110,000,000 X EXCESS UAS CLAIMS-MADE AGGREGATE $10,000,009 DED IX I RETENTION SO 1 g WORKERS COMPENSATION WCA201280110 9/30/2014 9/30/2015 X STATUTE ND Stop Gap AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIYE Y N/A E.L.EACH ACCIDENT 11,000,000 OFFICER/MEMBER EXCLUDED? I 1 (Mandatary in NH) EL.DISEASE-EA EMPLOYEE 31,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 31,000,000 / A Pollution Liability EPC655432303 9/3012012 9/3012015 Limit $25M Occ1S25MAgg DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICLES(ACORD WI,AddrtlonalRemarks Schedule,mey be atlaehed Boon apace is required) This insurance is issued pursuant to the Minnesota surplus lines insurance act,The insurer is an eligible surplus lines insurer but is not otherwise licensed by the State of Minnesota. In case of insolvency,payment of claims is not guaranteed. Company A and Company C are subject to statutes and regulations of surplus lines carriers. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiarni Trail East Naples FL AUTHORIZED REPRESENTA_TIVE VE_w — 195B-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by those entities with whom the named insured executes a written contract.With respect to the coverage afforded the additional insureds scheduled above,the coverage provided hereunder shall be primary and not contributing with any other insurance available to those person(s)or organiration(s)with which you have so agreed in a written contract or written agreement. (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) A. Section II—Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project(other than liability arising out of your ongoing operations service, maintenance or repairs)to be performed for that insured. performed by or on behalf of the B. With respect to the insurance afforded to these additional insured(s)at the site of the additional insureds, the following exclusion is covered operations has been added: completed;or 2. Exclusions (2) That portion of"your work"out of which the injury or damage arises has been This insurance does not apply to "bodily put to its intended use by any person injury"or"property damage"occurring after: or organivation other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 S ISO Properties,Inc., 2000 Page 1 of 1 D i December 1, 2014 Hawkins,Inc. 2381 Rosegate Roseville,MN 55113 Phone: (612)331.6910 Fax (612) 331.5304 Ladies and Gentlemen: As Vice President and General Counsel of Hawkins, Inc., I hereby authorize Ronald Cartwright to sign any and all bid documents and related materials for and on behalf of Hawkins, Inc. Sincere ., Richar ad Vice President, General Counsel and Secretary E0E/AA/AVF/DIsalied/Veleran