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Assignment & Assumption Agreement 06/21/2023 ASSIGNMENT AND ASSUMIYFION CONTRACT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT OF C"ClN"IRACT AND CONSENTOF MC)lwlROE COUNTY BOARD OF COUNTY COMMISSIONERS, (hereafter "Consent Agreement") is entered into this day of June, 2023, by and between l'rM7+I`II ROE COUN'11 y, a political Subdivision of this State of Florida (hereafter er "County"), DION FUELS LLC'., ("Assignor") and SUNSHINE GASOLINE I ISTI IBUTuC 16, INC", a Florida Corporation, ("Assignee"), Wl-IIM;If.EAS, lion Fuels, L.L.C,., ("Dion Fuels") was acquired by Suunnshinae Gasoline Distributors, Inc. ("Sunshine Gays"); and WHEREAS, Dion Fuels gasoline distribution business has been completely transitiouned to and assumed by Sunshine Gas and "wrul'I-IEREAS, assignor entered into an Agreement, dated February ICr, 2022, and all amendments an(] renewals and/or extensions thcreaufler, with the Monroe County Board ofCounty Commissioners, to supply fuel for the County funelingf facilities, which Agreement is incorporated herein by reference(hereafter the"Original Contract"); and "'w l-f ItFAS, Assignor desires to assign and transfer to Assignee all of its rights,obligations and responsibilities in and to the Original Contract, subJect to (lie teunris, conditions, representations, covenants and ag reenmeants set forth in this Consent Agreement; and WI- ERFAS, Assignee desires to ;assuurne all of"the rights, obligations and responsibilities for the perlbrinance of all the services and other nmaders to be performed under the Original Contract as of May 2 ,2023, in accordance with the tenns set forth lnereian; and WHEREAS, the Monroe C"ouunly Board of County C:M'ommmissioners has no objection to the assignment ,and assumption of the Original Contract and gives its consent to the assignment nnmennt and &assuunmintionn as required by Section S of"the OriginalContract; NOW, THEREFORE,RE, in consideration of the mutual covenants and conditions .set forth below, the County, Assignor and Assignee agree as follows; l. As ;galig nt. Assignor hereby assigns and transfers to Assignee, its successors and assigns, all of its rights, obligations and responsibilities and inicrest in,, to and under the Original Contract, subject to(lie terms, covenants, agreenuents,,representations and conditions thereof. 2„ AP etance, Assignee accepts the assignnmcnt of the Original Contract and agrees to be bound by all connrnitments, obligations and responsibiIities required to be performed or conminlied with and assumes any liability dilrectly caunscd by Assignor as a resuult of"Assignors defective performance or non-conmpliaunce with such commitments,obligations aund responsibilities, regardless of whether the work had been required to be performed by Assignor prior to the assignment. 3. CODS01t. The COU111y hereby C011,5clits to the assignment and assumption of the Original Contract and rcleases Assignor fi-om all dwics and obligations with respect to the 01'011,11 Contract. The pailies hereto agree that the Original Contract shall remain in full force and effect after givillg effect to this Consent Agreement, 4. CouptMirls. This Consent Agreement may be executed in two coun terp ails, arch of which shall be deenied an original and which together sIj,,jll constitute nano and the same instrument, IN WITNESS, WHEREOF, each party has caused this Consent Agreement to be duly executed and effective as of the date above written and "eVoiletively applicable and enforceable against the Imilics herein as of May 22, 2023. DION FUELS, LLC. Tax ID: (11ASSIGNO By: Print Name: 'fitle SUNSHINE GASOLINE DISTRIBUTORS, INC. Tax ID: �Rg ("ASSIGNEE"),_ By:_ Print Name, T 5, LC,%LV, 0 W, ON BE,HALF OF MO�NROt E COUNTY Subject to Ratificatioii by the Board of County Collinjissioliel-s By Ronny: i i i -C-3-a-s--t—es 06unty Administrator ................................................................................................................................ Approv'ed as to form and legal suffidemy [remainder of'page left blank] Moiroe CoLmity Attorney's Office cluistina Corv, mit County Attoiney -Assist, Date: 6.16.23 u 2 \V ' F7705131/2023 MM/DD/YYYY) AC r t CERTIFICATE OF LIABILITY INSURANCE 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 have ADDITIONAL INSURED provisions or 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 NAME:CONTACT CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY PHONE I FAX HOME OFFICE: P.O. BOX 328 (A/C,No,Ext):888-333-4949 (A/C,No):507-446-4664 OWATONNA, MN 55060 E-MAIL CLIENTCONTACTCENTER FEDINS.COM INSURERS AFFORDING COVERAGE NAIC# INSURERA:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 138-926-1 INSURER B: SUNSHINE GASOLINE DISTRIBUTORS INC INSURER C: 1650 NW 87TH AVE DORAL, FL 33172-2614 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1014 REVISION NUMBER: 1 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPYyyy, LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED PREMISES $100,000 a occurrence MED EXP(Any one person) EXCLUDED A Y N 9313870 04/21/2023 04/21/2024 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000.000 X POLICY uJECTPRO_ LOC PRODUCTS&COMPIOP AGG $2,000,000 OTHER: AUTOMOBILE LIABILITY EOa MBINEdentD SINGLE LIMIT $1,000,000 acci X ANY AUTO BODILY INJURY(Per Person) A OWNEDAUTOS ONLY SCHEDULED Y N 9313870 04/21/2023 04/21/2024 BODILY INJURY(Per Accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY Per Accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $6,000,000 A EXCESS LIAB CLAIMS-MADE N N 9313871 04/21/2023 04/21/2024 AGGREGATE $6,000,000 DED I RETENTION WORKERS COMPENSATION PER STATUTE OTHER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERI EXECUTIVE OFFICERIMEMBER EXCLUDED? N/A E.L EACH ACCIDENT (Mandatory in NH) E.L DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMENT SEE ATTACHED PAGEBY DATE 6/19/2023 WAIVER NIA YES CERTIFICATE HOLDER CANCELLATION 138-926-1 10141 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON ST BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN KEY WEST, FL 33040-3110 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE IAs-^ G © 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 138-926-1 C � LOC#: - ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY SUNSHINE GASOLINE DISTRIBUTORS INC 1650 NW 87TH AVE POLICY NUMBER DORAL, FL 33172-2614 SEE CERTIFICATE#1014.1 CARRIER NAIC CODE EFFECTIVE DATE:SEE CERTIFICATE#1014.1 SEE CERTIFICATE#1014.1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE ADDITIONAL INSURED INCLUDES: MONROE COUNTY BOCC, ITS EMPLOYEES AND OFFICIALS THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION ENDORSEMENT. THE CERTIFICATE HOLDER IS A DESIGNATED INSURED ON BUSINESS AUTO LIABILITY SUBJECT TO THE CONDITIONS OF THE DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE. BUSINESS AUTO COVERAGE INCLUDES POLLUTION LIABILITY VIA THE CA 99 48, POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS. BUSINESS AUTO POLICY INCLUDES THE MCS-90 ENDORSEMENT. ACORD 101 (2008/01) © 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AC©� CERTIFICATE OF LIABILITY INSURANCE DATE(MWODlYYYY) 05/31/2023 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 have ADDITIONAL INSURED provisions or 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 Denise Sellers NAME: South Pointe Services,LLC PHONE (813)661-0382 etc No 1444 Bloomingdale Ave ADDRESS denise cQl spisfia.com INSURER(S)AFFORDING COVERAGE NAtC 0 Valnco FL 33596 INSURERA: Technology Insurance Cc 42376 INSURED INSURER B: Sunshine Gasoline Distributors Inc INSURER C: 1650 NW 87 Ave INSURER D: INSURER E: Doral FL 33172 INSURER F: COVERAGES CERTIFICATE NUMBER: 23-24 WC 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 CONTRACTOR 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. SR AUU1.5118K POLICY LTR TYPE OF INSURANCE INSD WVO POLICY NUMBER MMID MMIDD LIMITS COMMERCIAL GENERAL LLA13IL17Y EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTE17-- PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GEN'L AGGREG ATE LIMIT APPLIES PER! GENERAL AGGREGATE $ POLICY 0 PRO- JECT ❑LOC PRODUCTS•COMP/OP AGG $ ROTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea acc dent ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per.accident UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ RED I I RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILnY YIN STATUTE ER ANY PROPRIETORIPARTNER/EXECLITIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N!A TWC4237997 04121/2023 04/2112024 (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $ 1'000'000 It yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORO 101.Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMENT a DATE _.w6/19/2023., „- WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33D40 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD