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Home My WebLink AboutR-2025-179 Correct the Term in Previously Approved Agreement with Hawkins IncRESOLUTION NO. 2025-179 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A CORRECTED PREVIOUSLY APPROVED AGREEMENT WITH HAWKINS WATER TREATMENT GROUP, INC. (D/B/A HAWKINS INC.) RELATING TO THE CITY’S INVITATION TO BID (“ITB”) NO. 25-021 ENTITLED, “BULK CHEMICAL PURCHASES FOR WATER PLANT”, WHICH CORRECTION IS RELATING TO THE TERM OF THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Agreement was approved on October 28, 2025, via Resolution No. 2025-161, however, thereafter it came to the City’s attention that the term of the Agreement was not consistent with the ITB and needed to be corrected; and WHEREAS, the Agreement is substantially the same, but is now consistent with the ITB term, which is a two-year agreement, with three possible one-year extensions, if agreed to by the parties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to execute the corrected agreement with Hawkins Water Treatment Group, Inc. for “Bulk Chemical Purchases for Water Plant”, which Agreement is attached as Exhibit “A” and incorporated into this Resolution by this reference. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be effective immediately upon passage. SIGNATURES ON THE FOLLOWING PAGE 2 RESOLUTION #2025-179 PASSED AND ADOPTED on November 18, 2025. Motion by Vice Mayor Salvino, second by Commissioner Lewellen. FINAL VOTE ON ADOPTION: Unanimous _X Yes No Commissioner Archibald J. Ryan IV ____ ____ Commissioner Lori Lewellen ____ ____ Commissioner Luis Rim ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 CORRECTED AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND HAWKINS WATER TREATMENT GROUP, INC., FOR THE PURCHASE AND DELIVERY OF BULK CHEMICALS AS FURTHER DESCRIBED IN THE CITY’S INVITATION TO BID (“ITB”) NO. 25-021 ENTITLED, “BULK CHEMICAL PURCHASES FOR WATER PLANT. \ This Corrected Agreement (“Agreement”) is made this _____ day of ______________, 2025, by and between CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation, with its principal office at 100 West Dania Beach Boulevard, Dania Beach, FL 33004 (“City”) and HAWKINS WATER TREATMENT GROUP, INC., a Minnesota corporation authorized to do business in Florida, with a principal mailing address of 2381 Rosegate, Roseville, MN 55113 (“Vendor” or “Contractor”). 1.0 RECITALS 1.1 The City issued Invitation to Bid (ITB) No. 25-021, “Bulk Chemical Purchases for Water Plant.” 1.2 Hawkins Water Treatment Group, Inc. submitted the lowest responsive and responsible bid. 1.3 On October 28, 2025, the City Commission authorized execution of this Agreement and expenditures exceeding $50,000.00 annually. 1.4 The term of the initially executed agreement, effective Ocotber 31, 2025, had the incorrect term, inconsistent with the provisions of ITB No. 25-021, and the parties agree that the term needed to be corrected. As such, Section 3.0 is corrected to reflect, a two year term, through October 31, 2027, with three one-year renewals. 1.4 The parties desire to formalize their understanding in this Agreement. The only substantive change from the original executed agreement is to be found at section 3.0, “Term.” All other terms and conditions remain the same. 2.0 SCOPE OF SERVICES 2.1 Vendor shall furnish and deliver bulk treatment chemicals (including but not limited to sodium hypochlorite, sodium hydroxide, ferric sulfate, sodium permanganate, and other approved treatment chemicals) to the City’s Water Treatment Plant, in accordance with ITB No. 25-021 and Hawkins’s Bid Form, attached as Exhibit A. 2.2 All products must comply with applicable AWWA, NSF/ANSI Standard 60, and FDACS specifications. 2.3 Deliveries shall be made to: City of Dania Beach Water Treatment Plant, 1201 Stirling Road, Dania Beach, FL 33004. Vendor shall maintain adequate supply to ensure uninterrupted service to the water facility. 2 3.0 TERM This Agreement shall commence upon full execution and shall remain in effect through October 31, 2027, with up to three (3) optional one-year renewals upon mutual written consent, subject to annual appropriation and satisfactory performance. 4.0 COMPENSATION 4.1 City agrees to pay Vendor in accordance with the unit prices set forth in Exhibit A (Hawkins Bid Form). The total annual expenditure shall not exceed $100,000.00 4.2 Invoices shall be submitted monthly to the City of Dania Beach Finance Department, Attn: Accounts Payable (ap@daniabeachfl.gov), with a copy to the Public Services Department, Attn: Water Plant Manager. 4.3 Payment shall be made within 30 days of approval, pursuant to the Local Government Prompt Payment Act (F.S. 218.70 et seq.). 5.0 REQUIREMENTS Vendor shall maintain 24-hour emergency response capability for spill, leak, or contamination events. Vendor shall provide all necessary Safety Data Sheets (SDS) and maintain proper labeling per OSHA HazCom 2012. Deliveries must be made only by certified drivers trained in hazardous materials handling. 6.0 INSURANCE AND INDEMNIFICATION Vendor shall maintain insurance coverage not less than those required under Exhibit B, including: • Commercial General Liability – $1,000,000 per occurrence • Automobile Liability – $1,000,000 combined single limit • Workers’ Compensation – statutory limits • Pollution Liability – $1,000,000 minimum City shall be named as additional insured. Vendor shall indemnify and hold harmless the City, its officials, and employees from all claims, damages, or losses arising out of Vendor’s negligent acts or omissions. 3 7.0 TERMINATION 7.1 For Convenience: The City may terminate upon 10 calendar days’ written notice. 7.2 For Cause: Immediate termination may occur upon Vendor default or failure to perform. 7.3 Fiscal Non-Appropriation: If funds are not appropriated, the City may terminate without penalty. 8.0 PUBLIC RECORDS COMPLIANCE Vendor shall comply with Chapter 119, Florida Statutes, and maintain all records related to this Agreement. City’s Custodian of Records: Eloria Riera, MMC – City Clerk, 100 West Dania Beach Boulevard, Dania Beach, FL 33004, eriera@daniabeachfl.gov 954-924-9800 x3623. 9.0 INDEPENDENT CONTRACTOR Vendor is an independent contractor and not an agent or employee of the City. 10.0 GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for all actions shall lie exclusively in the Seventeenth Judicial Circuit, Broward County, Florida. 11.0 MISCELLANEOUS 11.1 Assignment: Prohibited without City’s prior written consent. 11.2 Scrutinized Companies: Vendor certifies compliance with F.S. 215.4725 (Boycott of Israel). 11.3 Sovereign Immunity: City’s liability is limited by F.S. 768.28. 11.4 Entire Agreement: This document and attached exhibits constitute the full agreement and supersede prior discussions or representations and corrects section 3.0 as to the Term of the agreement to be consistent with the ITB. 4 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. ATTEST: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER 5 WITNESSES: CONTRACTOR: Hawkins Water Treatment Group, Inc., a Foreign corporation authorized to conduct business in Florida, d/b/a Hawkins, Inc. Signature Signature PRINT Name PRINT Name Signature Title Dated: ___________________, 2025 PRINT Name STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2025 by ___________ , as of Hawkins Water Treatment Group, Inc., a foreign corporation authorized to conduct business in Florida and d/b/a Hawkins, Inc. He/she is personally known to me or has produced as identification. Notary Public, State of ___________ Print Name My Commission Expires: