Contract 2022-166A RAMENDMENT
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PLANTATION
AND ALLIED UNIVERSAL CORP. FOR THE PURCHASE AND DELIVERY OF SODIUM
HYPOCHLORITE
THIS FIRST AMENDMENT to Agreement dated this J day of KN, 2023, by
and between:
CITY OF PLANTATION, FLORIDA
a Municipal Corporation
400 North West 701h Avenue
Plantation, Florida 33317
(Hereinafter referred to as "CITY")
and
ALLIED UNIVERSAL CORP.
a Florida Corporation
3901 NW I I5t' Avenue
Miami, FL 33178
(Hereinafter referred to as "CONTRACTOR")
WHEREAS, on December 8, 2022, CITY entered into an Agreement (078-22) with
CONTRACTOR for Purchase and Delivery of Sodium Hypochlorite; and
WHEREAS, the initial term of this Agreement was for one (1) year from December 8, 2022
expiring December 7, 2023; and
WHEREAS, the CITY has an option to renew this Agreement for four (4) additional one (1)
year periods, provided the CONTRACTOR also agrees in writing to extension upon such terms as the
CITY and CONTRACTOR agree; and
WHEREAS, the current Agreement is set to expire on December 7, 2023 if it is not extended
and/or renewed; and
WHEREAS, the CITY has determined that the CONTRACTOR has performed in accordance
with requirements of the Agreement and wishes to exercise/execute the I' of the four (4) one (1) year
renewal option pursuant to Article 3 (Term) of the Agreement extending the Agreement to December
7, 2024 under the same terms and conditions; and
WHEREAS, both parties concur with amending the Agreement to extend the term of the
Agreement through December 7, 2024 with the negotiated/amended unit prices identified herein
remaining firm through this extension; and
WHEREAS, under this Amendment the CITY shall include additional language(s) to align with
current Florida Law(s) and CITY code revisions.
Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite Page I 1
AMENDMENT
&
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, CITY and CONTRACTOR other good and valuable consideration, the receipt and adequacy of
the which are acknowledged, the parties agree as follows:
SECTION 1. RECITALS
The foregoing recitals are true and correct and are hereby incorporated into this Agreement.
SECTION 2. TERM
The term of this Agreement shall be extended through December 7. 2024.
SECTION 3. SECTION 3.2 RESPONSIBILITIES OF CONTRACTOR. (B.
C ONTRACTOR' SCOMPENSATION)
The amended rates for services shall be in accordance and found herein and shall remain firm
through December 7.2024.
' Item No. Description
Unit Unit Price
1. Sodium Hypochlorite (Na0C1, Bleach) as specified herein
TANKER LOAD
Gallon $4,34
Manufacturer offered: $1.50
Allied Universal Corp.
2. Sodium Hypochlorite (Na0C1, Bleach) as specified herein
i Tanker load is 5,000 gallons (Split between two of Plantation
locations) Gallon $446
$1.56
Manufacturer offered:
Allied Universal Corp.
SECTION 4. PUBLIC AGENCY CONTRACTING
This section is hereb►• incorporated into this Agreement bv execution of this Amendment.
CONTRACTOR certifies that it is aware of and complies with the requirements of §448.095,
Florida Statues, as may be amended from time to time and briefly described herein below.
(a) A public agency must require in any contract that the CONTRACTOR, and any
subcontractor thereof, register with and use the E-Verify system to verify the work
authorization status of all new employees of the contractor or subcontractor. A public
agency or a CONTRACTOR or subcontractor thereof may not enter into a contract
unless each party to the contract registers with and uses the E-Verify system.
Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite Page 12
AMENDMENT
(b) If a CONTRACTOR enters into a contract with a CONTRACTOR, the subcontractor
must provide the CONTRACTOR with an affidavit stating that the subcontractor does
not employ, contract with, or subcontract with an unauthorized alien. The
CONTRACTOR shall maintain a copy of such affidavit for the duration of the contract.
(c) 1. A public agency, CONTRACTOR, or subcontractor who has a good faith belief
that a person or an entity with which it is contracting has knowingly violated s.
448.09(1) shall terminate the contract with the person or entity.
2. A public agency that has a good faith belief that a subcontractor knowingly
violated this subsection, but the CONTRACTOR otherwise complied with this
subsection, shall promptly notify the contractor and order the contractor to
immediately terminate the contract with the subcontractor.
3. A contract terminated under this paragraph is not a breach of contract and may
not be considered as such. If a public agency terminates a contract with a
CONTRACTOR under this paragraph, the contractor may not be awarded a
public contract for at least 1 year after the date on which the contract was
terminated. A contractor is liable for any additional costs incurred by a public
agency as a result of the termination of a contract.
(d) A public agency, contractor, or subcontractor may file a cause of action with a
circuit or county court to challenge a termination under paragraph (c) no later
than 20 calendar days after the date on which the contract was terminated.
SECTION 5. PROHIBITION AGAINST CONSIDERATION OF SOCIAL,
POLITICAL OR IDEOLOGICAL INTER
This section is herebv incorporated into this Agreement by execution of this Amendment.
CONTRACTOR is hereby notified of the provisions of section 287.05701, Florida Statutes, as
amended, and that the CITY did not consider the CONTRACTOR's social, political, or
ideological interests when determining if the CONTRACTOR was a responsible
CONTRACTOR. CONTRACTOR is further notified that the CITY's governing body did not
give any preference to the CONTRACTOR based on the CONTRACTOR's social, political, or
ideological interests
Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite Page 13
AMENDMENT
SECTION 6. COMPLIANCE WITH FOREIGN ENTITY LAWS
This section is herebv incorporated into this Agreement bi- execution of this Amendment
By entering into this Agreement CONTRACTOR is hereby attesting the following:
A. Entity is not owned by the government of a foreign country of concern as defined
in Section 287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes)
B. The government of a foreign country of concern does not have a controlling
interest in Entity. (Source: § 287.138(2)(b), Florida Statutes).
C. Entity is not owned or controlled by the government of a foreign country of
concern, as defined in Section 692.201, Florida Statutes. (Source: § 288.007(2),
Florida Statutes).
D. Entity is not a partnership, association, corporation, organization, or other
combination of persons organized under the laws of or having its principal place
of business in a foreign country of concern, as defined in Section 692.201,
Florida Statutes, or a subsidiary of such entity. (Source: § 288.007(2), Florida
Statutes)
E. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes.
(Source: § 692.202(5)(a)(1), Florida Statutes).
F. Entity is in compliance with all applicable requirements of Sections 692.202,
692.203, and 692.204, Florida Statutes.
G. (Only applicable if purchasing real property) Entity is not a foreign principal
prohibited from purchasing the subject real property. Entity is either (a) not a
person or entity described in Section 692.204(1)(a), Florida Statutes, or (b)
authorized under Section 692.204(2), Florida Statutes, to purchase the subject
property. Entity is in compliance with the requirements of Section 692.204,
Florida Statutes. (Source: §§ 692.203(6)(a), 692.204(6)(a), Florida Statutes).
SECTION 7. In all other respects, the terms and conditions of the Agreement, as amended, not
specifically amended herein remain in full force and effect. In the event of any conflict, this First
Amendment will supersede all other terms. In the event of ambiguity, the most conservative
interpretation consistent with the public interest is intended.
Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite page 14
AMENDMENT
SECTION 8. This First Amendment shall be effective December 8, 2023.
IN WITNESS WHEREOF, CITY OF PLANTATION AND ALLIED UNIVERSAL CORP. have signed this
Amendment in duplicate. One counterpart each has been delivered to the CITY and CONTRACTOR.
Attest:. CITY OF PLANTATION
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As to Procurement: �, C
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ALLIED UNIVERSAL CORP.
a Florida Corporation
By:.
Dili) Palmer, President
STATE OF —LLQ i [�laL
COUNTY OF VVQrni
The foregoing instrument was acknowledged before me, by means ofr
ysical presence or ❑ online
notarization, lis �Nday of 0 r,� t he rA , 20�, by T as
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is personally known to me or Vio has produced as identification.
Notary Public Si ature:oov�
State of Florida at Large (Seal)
Print Name: ,rtV ►� J My commission expires: 9laf
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ATABEIRAPIEDRA
NoC ry Public • State of Florida
''+y: CornmissioniHH0490t3
My Comm. Upires so 21. 2024
Bonded ttwough National Notary Assn.
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Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite Page 15