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Contract 2022-166AAGREEMENT No. 2022-166 FOR SUPPLY AND DELIVERY OF SODIUM I IYPOCI II.ORITG THIS AGREEMENT, is made and entered into this 13th day of December 2022, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and ALLIED UNIVERSAL CORPORATION A FLORIDA CORPORATION, whose address is: 3901 NW 115 Avenue, Miami, Florida 33178, (hereinafter referred to as "CONTRACTOR"). WHEREAS, City of Plantation through the public procurement process awarded an Agreement for, Supply and Delivery of Sodium Hypochlorite Contract Number 078-22; WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the City of Plantation Contract Number 078-22; WTTNESSETH: That the parties hereto. for the consideration hereinafter set forth, mutually agree as follows: 1. SCOPE OF WORK The CONTRACTOR shall furnish purchase and delivery of sodium of hypochlorite as described in the City of Plantation Contract Number 078-22, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in the CITY's purchase order. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. 2. THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and incorporated herein. 3. TERM AND TERMINATION A. This Agreement is to become effective upon execution by both parties, and shall remain in effect until December 7, 2023 unless terminated or renewed by City of Plantation. B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if BlueInk Bundle ID: Uc85KyWuPF Piggyback Agreement 2022-166 Supply and Delivery of Sodium Hypochloritc CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. C. Upon mutual Agreement of the parties, this Agreement may be renewed for four (4) additional one (1) year term. 4. PROVISION OF SERVICES AND COMPLETION OF WORK A. The CONTRACTOR shall only provide to CITY the services contained under the Scope of Work upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in City of Plantation Contract Number 078-22 or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas, and bio-diesel so as to comply with the warranties and specifications hereof. D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. BlueInk Bundle ID: Uc8SKyWuPF Piggyback Agreement 2022-166 Supply and Delivery of Sodium Hypochlorite �. PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed product delivered and services provided, within thirty (30) calendar days of receipt of the invoice. 6. DISPUTE RESOLUTION - MEDIATION A. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. C. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 7. INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 7.2. CONTRACTOR's Commercial General Liability Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows: A. CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit 2 BlueInk Bundle ID: Uc8SKyWuPF Piggyback Agrccmcnt 2022-166 Supply and Delivery of Sodium Hypochloritc B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. Indemnification Rider A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. B. In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts,any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. 8. NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. 3 BlueInk Bundle ID: Uc8SKyWuPF Piggyback Agreement 2022-166 Supply and Delivery of Sodium Hypochlorite A. CONTRACTOR: Allied Universal Corporation Attn: Jim Palmer, President 3901 NW 115 Avenue, Miami, Florida 33178 A. OWNER: City of Clermont Attn: Brian Bulthuis, City Manager 685 W. Montrose Street, Clermont, FL 34711 9. MISCELLANEOUS 9.1. Attorneys' Fees In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 9.2. Waiver The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 9.3. Severability If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 9.4. Amendment Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 9.5. Entire Agreement This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 4 BlueInk Bundle ID: Uc8SKyWuPF Piggyback Agreement 2022-166 Supply and Delivery of Sodium Hypochloritc 9.6. Assi nment. Except in the event of a merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 9.7. Venue The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 9.8. Applicable Law This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9.9. Public Records Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: A. Keep and maintain public records that ordinarily and necessarily Would be required by the CITY in order to perform the services contemplated herein. B. Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. E. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. 5 BlueInk Bundle ID: Uc85KyWuPF Piggyback Agreement 2022-166 Supply and Delivery of Sodium Hypochlorite 10. AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: A. This Agreement B. Purchase Order / Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in the City of Plantation Contract Number 078-22. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 13`h day of December 2022. Cite of Clermont Tim Murry, Mayor Attest: 1e� Tracy Ackroyd Howe, City Clerk I. BlueInk Bundle ID: Uc85KyWuPF ALLIED UNIVERSAL CORPORATION A FLORIDA CORPORATION By: Print Name: Title: Date: (Signature) BlueInk Bundle ID: Uc8SKyWuPF CITY OF PLANTATION Plantation the grass is greener AGREEMENT Between THE CITY OF PLANTA TION AND ALLIED UNIVERSAL CORPORATION For PURCHASE AND DELIVERY OF SODIUM HYPOCHLORITE Agreement No. 0 78-22 AGREEMENT I Agreement By and Between City, of Plantation & Allied Universal Corporation for Purchase and Delivery of Sodium Hypochlorite Agreement No. 078-22 1. PARTIES AND DATE. This Agreement ("Agreement") is made and entered into this 'is day of ' 2022 by and between the CITY OF PLANTATION, a Florida Municipal Corporation with its principal place of business at 400 NW 73 AVENUE PLANTATION, FL 33317, ("City") and Allied Universal Corporation a Florida Corporation with its principal place of business at 3901 NW 115 Avenue, Miami, Florida 33178 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. The Contractor shall timely complete the required services to the City as set forth in the terms and conditions in this Agreement. The Contractor represents that it is experienced in providing Sodium Hypochlorite to public clients, is licensed and authorized to do business in the State of Florida, and is familiar with the requirements of the City. 2.2 Service The City desires to engage the Contractor to Purchase and Delivery of Sodium Hypochlorite. The Contractor represents and warrants that it is able to satisfactorily provide the product/service according to the Technical Specifications, which are incorporated herein by reference as Exhibit "A". The following Exhibits referenced herein are hereby incorporated into this Agreement- Exhibit "A" Technical Specifications, Exhibit "B" documentation required by the City submitted by the Contractor during the solicitation period prior to Notice of Award, Exhibit "C" Pricing, Exhibit "D" Insurance Requirements. 2.3 Procurement The City of Plantation electronically advertised an "Invitation to Bid" (ITB) for Purchase and Delivery of Sodium Hypochlorite. The City of Plantation received two (2) bid responses from Contractors stating they can perform/provide the aforementioned work/product/commodity. The City of Plantation found Allied Universal Corporation the lowest responsive, responsible bidder and presented the recommendation of approval to the City Council for execution of an agreement. The City of Plantation City Council approved the execution of an agreement for Purchase and Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite AGREEMENT Delivery of Sodium Hypochlorite with Consent Agenda Item No. 7 on November 9, 2022. t 3. TERMS. 3.1 Term. A The initial agreement period shall be for one (1) year, commencing '1 In addition, the City reserves the right to extend this Agreement for four (4) additional one (1) year renewal periods, provided the Contractor also agrees in writing to extension upon such terms as the City and Contractor agree. Prices shall remain firm and fixed for the initial term of the Agreement. 3.2 Responsibilities of Contractor A PaN ment. Payment for work shall be authorized upon completion of all work specified in "Scope of Services" of this specification. Invoices will he subject to verification and approval by the department requesting the service. Each invoice shall be submitted in increments not greater than thirty (30) days. All invoices are required to be submitted within three (3) months, if invoices are not submitted within three (3) months, the City reserves the right not to pay due to delinquency. B. Contractor's Compensation. At the completion of services, the Contractor shall receive a compensation of the prices listed below and further specified in Exhibit C. Pricing: Product — Sodium Hypochlorite (Na0C1, Bleach) Itetn No. 1 - Delivery in Tanker Load ($1.34/gal) Item No. 2 - Tanker Load (Split between two of Plantation locations) ($1.36/gal) C. Control and PaNrment of Subordinates: Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the Term. Any additional personnel performing the Services on behalf of Contractor shall also not be employees of City and shall at all times be under the Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. D. Control and Payment of Subcontractors. All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier, which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of this Agreement for the benefit of the City. The Contractor shall be responsible for the payments to any Subcontractors, including any professional fees, or Suppliers and additional costs within 14 calendar days of City's payment to Contractor. The City shall not be responsible for any payments to Subcontractors or Suppliers. The City shall not be billed directly or indirectly for any professional fees or additional costs of the Subcontractors for Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite AGREEMENT the Project. E Schedule of Services. Contractor shall perform the Services expeditiously, within the Term, and in accordance with the Scope of Services set forth in Exhibit "A". Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate the Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Scope of Services. F. Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. G. Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. n Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors, and other staff at all reasonable times. L Standard of Care, Performance of Employees. Contractor shall perform all Services in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of Florida. Contractor represents and warrants that it is skilled in the professional calling necessary to perform the Services. Contractor represents and warrants that all employees and Subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents and warrants that it, its employees, and Subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the Term. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its Subcontractor who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. J. Excusable Delays. Neither Party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the Party or Parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a Party. Notwithstanding the foregoing, the City shall have no obligation to compensate Contractor for any Service that Contractor fails to perform, or otherwise has not performed. Agreement No. 078-22, Purchase and Delivery of Sodium Hypochlorite AGREEMENT K Laws and Regulations: Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law. Contractor warrants that it shall perform the Services in compliance with all applicable Federal and Florida employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety, fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement. Contractor shall be liable for all violations of such laws and regulations in connection with the Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. i. Equal Opportunity Employment. Contractor represents and warrants that it is an equal opportunity employer and it shall not discriminate against any Subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. L Insurance. i. Time for Compliance. Contractor shall not commence Services until it has provided evidence satisfactory to the City that it has secured all insurance pursuant to Exhibit "D". In addition, Contractor shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the Subcontractor has secured all insurance pursuant to Exhibit "D". M Safely. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and Subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. N. Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours Agreement No. 078-22, Purchase and Delivery of Sodium Hypochlorite AGREEMENT to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of 3 years from the date of final payment under this Agreement. 3.3 Termination of Agreement. A For Convenience. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least 30 calendar days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The City may terminate this Agreement for convenience even if Contractor avails itself of the Dispute Resolution process set forth below in subsection 3.6C. B. For Cause. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and with cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least 21 calendar days before the effective date of such termination. The City may, but is not obligated to, provide Contractor with an opportunity to cure any breach prior to the effective date of any termination for cause. The Contractor may not terminate this Agreement except upon a breach by the City, which is not cured upon 21 calendar days notice to City. In case of the Contractor's termination for cause, the Contractor shall be paid for Services satisfactorily provided to such termination date, less any setoffs or adjustments City may claim arising out of the Contractor's breach, the remaining unperformed parts of this Agreement, and for that portion (if any) of the Contractor's performance which is unsatisfactory (the intent being that the Contractor be paid what is just and equitable compensation for the Contractors' performance of Services rendered to the satisfaction of the City). Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Should the Contractor avail itself of the Dispute Resolution process set forth below in subsection 3.6C, then the City may not terminate this Agreement for Cause until the conclusion of the Dispute Resolution process. C Mutual Termination. This Agreement may also be terminated by mutual written agreement at any time and under any terms. D. Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services. Contractor shall be required to provide such documents and other information within 21 calendar days of the request. E Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, Services similar to those terminated. 3.4 Ownership of Materials and Confidentiality. A Documents & Data, Licensing of Intellectual Properly. This Agreement Agreement No. 078-22, Purchase and Delivery of Sodium Hypochlorite AGREEMENT creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data in any form, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). All Documents & Data shall be and remains the property of City, and shall not be used in whole or in substantial part by Contractor on other projects without the City's express written permission. Within 21 calendar days following the completion, suspension, abandonment or termination of this Agreement, Contractor shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Contractor is entitled under the termination provisions of this Agreement, Contractor shall provide all Documents & Data to City upon payment of the undisputed amount. Contractor shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Contractor shall retain copies of all Documents & Data on file for a minimum of 15 years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Contractor shall notify City and provide City with the opportunity to obtain the Documents & Data. B. SubContractors. Contractor shall require all SubContractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the SubContractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or its SubContractors, or those provided to Contractor by the City. G Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Contractor shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Contractor's seal from the Documents & Data. Contractor shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Contractor shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Contractor, a party for whom the Contractor is legally responsible or liable, or anyone approved by the Contractor. D. Indemnification. Contractor shall defend, indemnify and hold the City, its, officials, officers, employees, volunteers, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City the Documents & Data, including any method, process, product, or concept specified or depicted. This subparagraph shall survive termination or expiration of this Agreement. E Confidentiality. To the maximum extent permitted by law, all Documents & Data, either created by or provided to Contractor in connection with the performance of this Agreement No. 078-22, Purchase and Delivery of Sodium Hypochlorite AGREEMENT Agreement, shall be held confidential by Contractor. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Contractor for any purposes other than the performance of the Services. To the maximum extent permitted by law, Contractor shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor that is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5 General Provisions. A Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address (physical or electronic) as the respective Parties may provide in writing for this purpose: Contractor: City: Jim Palmer, President 3901 NW 115 Avenue Miami, Florida 33178 Email: bids@allieduniversal.com Mayor Nick Sortal 400 NW 73rd Avenue Plantation, FL 33317 With copies to: Jason Nunemaker Chief Administrative Officer 400 NW 73rd Avenue Plantation, FL 33317 Kerry L. Ezrol, City Attorney Goren Cherof, Doody & Ezrol, P.A. 3099 E Commercial Blvd., Ste. 200 Fort Lauderdale, FL 33308 Such notice shall be deemed made when personally delivered, or, if mailed, 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address, or delivered to such electronic mail address provided by the Parties for service of notices under this subsection when receipt is acknowledged by electronic written response by the receiving Party. B. Indemnification. Scope of Indemnity. To the fullest extent permitted by law. Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite AGREEMENT Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, contractors, or agents in connection with the performance of the Contractor's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney's fees and other related costs and expenses, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this Agreement. ii. Additional Indemnity Obligations. Payment of any amount due pursuant to the foregoing indemnity shall, after receipt of written notice by Contractor from the City that such amount is due, be made by Contractor prior to the City being required to pay same, or in the alternative, the City, at the City's option, may make payment of an amount so due and Contractor shall promptly reimburse the City for same, together with interest thereon at the statutory rate from the date of receipt by Contractor of written notice from the City that such payment is due. Contractor agrees, at Contractor's expense, after written notice from the City, to defend any action against the City that falls within the scope of this indemnity, or the City, at the City's option, may elect not to tender such defense and may elect instead to secure its own attorney to defend any such action and the reasonable costs and expenses of such attorney incurred in defending such action shall be payable by Contractor. Additionally, if Contractor, after receipt of written notices from the City, fails to make any payment due hereunder to the City, Contractor shall pay any reasonable attomey's fees or costs incurred by the City in securing any such payment from Contractor. iii. Nothing contained herein is intended nor shall it be construed to waive the City's rights and immunities under the common law or Florida Statute §768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist in the City's favor. Notwithstanding any other provision of this Agreement to which it is applicable, City shall not be liable or responsible to Contractor beyond the monetary limits and amounts specified in Ch. 768.28, Fla. Stat., regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Contractor for punitive or exemplary damages or for lost profits or consequential damages. Agreement. iv. This paragraph shall survive termination or expiration of this C. Dispute Resolution i. In the event that any dispute between the City and the Contractor concerning questions or issues arising under this Agreement that have not been resolved, a request for dispute resolution shall be submitted by the Contractor to the City for determination. Request for such determination shall be made in writing. The City's decision may be reached in accordance with assistance, as it may deem reasonably necessary or desirable. The City's decision shall be rendered in writing no more than 30 calendar days after receipt of a fully documented (to the extent that such documents are within the control of the Contractor) request for a determination. The decision shall be conclusive, final, and binding on all Parties, unless the Contractor shall seek a judicial determination in accordance with the provisions set forth below in subsection 3.6D. Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite AGREEMENT ii. No later than 10 calendar Days after the Contractor's receipt of the City's determination, the Contractor shall respond to the City in writing, either accepting the determination or stating the Contractor's factual or legal objection to the determination. If the Contractor's response is an objection, the City shall respond in writing to the objection within 10 calendar days after receipt. No further response by either Party shall be required. Thereafter, the Contractor may seek a judicial determination of the dispute. In the event that the Contractor intends to seek judicial determination of a matter decided by the City, the Contractor shall notify the City of its intent to do so within 10 calendar days of the City's final decision. iii. If required by City, the Contractor shall continue to perform the Services required under this Agreement during this resolution period, including any judicial resolution. The City's written determination shall be complied with pending final resolution, including judicial, of the dispute. If the Contractor complies with the City's written determination, the City shall continue to perform under this Agreement and make all payments due (other than those or the portions of payments in dispute, if any) during the resolution period. This payment provision shall not apply in the event that the Contractor fails to submit a dispute to the City as required by this subsection. The continued performance of this Agreement by either Party shall not constitute an admission as to any factual or legal position in connection with the dispute, or a waiver of its rights under this Agreement or at Law. D. Governing Law; Judicial Review; Venue. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Broward County without regard to its conflicts of law. The Parties hereby agree that in the event of any litigation between them, such proceeding shall be brought exclusively in the courts of the State of Florida, County of Broward or the Federal District Court with subject matter jurisdiction and encompassing the County of Broward, Florida. Each Party hereby irrevocably consents and submits to the jurisdiction of, and venue in, the aforementioned courts, and further waives any claim that a proceeding brought therein has been brought in an inconvenient forum. To the extent not prohibited by applicable law that cannot be waived, the City and Contractor hereby waive, and covenant that they will not assert (whether as plaintiff, defendant or otherwise), any right to trial by jury in any action arising in whole or in part under or in connection with this Agreement, whether now existing or hereafter arising, and whether sounding in contract, tort or otherwise. E Time of Essence. Time is of the essence for each and every provision of this Agreement. F. City's Right to Employ Other Contractors. City reserves right employ other contractors in connection with this Project. Successors and Assigns. CL Successors and Assigns, This Agreement shall be binding on the successors and assigns of the Parties. R Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. L Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite AGREEMENT referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and SubContractors of Contractor, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. I Amendment, Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. K Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. L No Third Party Beneficiaries. Except to the extent expressly provided for in this subsection, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. The City has three dependent districts (Plantation Midtown Development District, Plantation Gateway, and the City of Plantation Community Redevelopment Agency) hereinafter "Districts", all of which have the power to execute contracts, and all of which are served by City personnel for the purpose of Administration. Such Districts shall be intended third Party beneficiaries and shall be able to enforce the terms hereof for any Serves provided on behalf of the Districts. M. Invalidity; Scverability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. N Prohibited Interests. The Contractor warrants and represents that no elected official, officer, agent or employee of the City has a financial interest directly or indirectly in this Agreement or the compensation to be paid under it, and further, that no City employee who acts in the City as a "purchasing agent" as defined by § 112.312(20), Florida Statutes, as amended, nor any elected or appointed officer of the City, nor any spouse or child of such purchasing agent employee or elected or appointed officer, is a partner, officer, director, or proprietor of the Contractors, and further, that no such City employee purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Contractors. Material interest means direct or indirect ownership of more than Five Percent (5%) of the total assets or capital stock of the Contractors. Q Conflicts of Interest. Contractor covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with City. Contractor further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed, any such interests, on the part of Contractor or its employees, must be disclosed in writing to City. Contractor is aware of the conflict of interest laws of the State of Florida, Chapter 112, Florida Statues, as amended, and agrees that it will fully comply in all respects with the terms of said laws. Contractor warrants that it has not employed or retained any person employed by City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay, any public official or person employed by City any fee, commission, percentage, brokerage fee or gift of any kind, contingent upon of resulting from the award of this privilege. P. Convicted Vendor List. Contractor represents to City that it is not a person Agreement No. 078-22, Purchase and Delivery of Sodium Hypochlorite AGREEMENT or affiliate as defined in §287.133, Florida Statutes, as amended, which has been placed on the convicted vendor list maintained by the Florida Department of Management Services following a conviction for a public entity crime. Contractor acknowledges and agrees that it may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of any public building or public work, may not submit bids on leases of real property with the City, may not be awarded an opportunity to perform work as a Contractor, supplier, SubContractor or Contractor under a contract with the City, and may not transact business with the City in an amount set forth in §287.017, Florida Statutes, as amended, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Q. Cooperation, Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. R. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. S. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original, and it shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. T. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties 4. PUBLIC RECORDS 4.1 The City of Plantation is public agency subject to Chapter 119, Florida Statutes, as amended. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat., or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement Term and, following completion of this Agreement, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession after the Contractor transfers the records in its possession to the City; and D. Upon completion of this Agreement, Company shall transfer to the City, at no cost to the City, all public records in Contractor's possession. All records stored electronically by the Contractor must be provided to the City, upon request from the City's custodian Agreement No. 078-22, Purchase and Delivery of Sodium Hypochlorite AGREEMENT of public records, in a fortnat that is compatible with the information technology systems of the City. E. The failure of the Contractor to comply with the provisions set forth in this section shall constitute a Default and Breach of this Agreement, for which, the City may tenninate this Agreement. 4.2 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 400 NW 73 AVENUE PLANTATION, FL 33317 (954) 797-2237 abeggerow�c.plantation.org THIS SECTION WAS INTENTIONALLY LEFT BLANK Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite AGREEMENT ■ IN WITNESS WHEREOF, ALLIED UNIVERSAL CORPORATION have signed this Agreement in duplicate. One counterpart each has been delivered to the City and Contractor. Attest: Apri eggerow, A�� As to legal form: As to Procureme STATE OF FLORIDA COUNTY OF BROWARD CITY OF PLANTATION THE FOREGOIN INSTRUMENT was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this 94 day of ii`, 2022, by Nick Sortal, as Mayor of the City of Plantation, a Florida municipal corporation, on behalf of the municipal corporation. She is personally know or has produced as identification. My commission expires: I / 2/Zc;,7-6 Signed, Sealed in the presence of: Witness: Wi •ss* Typed nant of Witnwjs STATE OF FLORIDA COUNTY OFOt'(Affil' PUBLIC Notary Public SWO of 10me John pecotn � µy Cortlrt1i59ion �+o� n EXP• ��TrJ2s':t2028 ALLIED UNIVERSAL CORPORATION a Florida Corporation By: Palmer, President The foregoing instrument was acknowledged before me by means of 1( physical presence or ❑ online notarization, this V �^� 4 ?% � ��- (date) by Jim Palmer, a� President, a Florida Corporation, obehalo � company. They are personally knows to me or who has produced �h'P f identification. ., A'�A„ IiiAPIEDWA., My commission expires: ;�,;; � <:; Kotary.f 0 t.- St ite of Fiarida ' C mfr�ar. HH OA$G11 7, NOTARY PUBLIC .l� Y �d': My tdinlM t"Ji9vee Sep 71 3 0, ifOl3 � UG•i;tc t1�rar� Nattiora! Note v a�sr � Agreement No. 078-22; Purchase and Delivery of Sodium Hypochlorite OFFICE OF THE MAYOR Lynn Stoner, Mayor PROCUREMENT DEPARTMENT Charles Spencer, NIGP-CPP Director November 14, 2022 Cristhianne Mungia Allied Universal Corporation 3901 NW 115 Avenue Miami, Florida 33178 Email: bids@allieduniversal.com -� CITY COUNCIL Erik Anderson, President Jennifer Andreu, President Pro Tern 1 Timothy J. Fadgen Plantation Nick Sortal ihu grass is,rccncr Denise Horland RE: ITB No. 078-22; Purchase and Delivery of Sodium Hypochlorite Dear Cristhianne Mungia: This letter is to inform you that the City of Plantation City Council awarded the above referenced bid at their November 9, 2022 meeting Consent Agenda Item No. 7, to Allied Universal Corporation. Pricing Information: Item No. Description Unit Unit Price Estimated Quantity Total Offer 1. Sodium Hypochlorite (Na0C1, Bleach) as specified herein TANKER LOAD Gallon 1.34/ al 82,000 $109,880.00 2. Sodium Hypochlorite (Na0C1, Bleach) as specified herein Tanker load is 5,000 gallons (Split between two of Gallon 1.36/ al 180,000 $244,800.00 Plantation locations) All equipment and/or services shall comply with "Technical Specifications", identified in/with ITB No. 078-22; Purchase and Delivery of Sodium Hypochlorite. If you have not already done so, please register as a City of Plantation vendor by visiting our website (www.plantation.org) and completing the proper application. Note: The City shall not be obligated to any Bidder to enter into a contract or issue a purchase order with the Bidder despite the City governing body prospectively awarding the Project to a successful Bidder. The City shall be obligated to any Bidder for the project if and only if the CITY enters into a contract or issues a purchase order for the Project with the Bidder, and further, no action will lie against the City to compel the City to execute any such contract or purchase order, or to recover from the City any damages, costs, lost profits, expenses, etc., that Bidder may incur if the City chooses not to sign such contract or issue a purchase order. If you have any questions, please do not hesitate to contact me. Respectfully, Shewil Good r%ch Sheri Goodrich Procurement Agent Email: Sgoodrich00antation.org 400 N%V 73rd Avenue • Plantation, Florida 33317 954.414.7841 • www.plantation.org EXHIBIT "A" (Technical Specifications) SCOPE OF SERVICES PURPOSE AND INTENT The sole purpose and intent of this Invitation to Bid is to establish a firm fixed term contract for the purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads to various locations throughout the City of Plantation for the Utilities Department. TECHNICAL REQUIREMENTS (Hvnochlorite Solution, Bleach) Product specifications (as per AWWA Standard B-300-99 latest version) • Trade name: Hypochlorite Solution, Bleach • Chemical formula: NaOCI • Specific gravity: at 20C -1.1 - 1.2 • Molecular weight: 74.5 • Appearance: Light -yellow to green clear liquid solution • Solubility in water: Complete • Freezing Temperature: minus 7C to minus 1 OC STANDARDS • Hypochlorite supplied under this contract shall be tested and certified as meeting these specifications and those of the American National Standards Institute/National Sanitation Foundation Standard 60 (ANSI/NSF Standard 60), Drinking Water Treatment Chemicals Health Effects. It is the responsibility of the Contractor to inform the participating agency that NSF or UL certification has been revoked or lapsed within 24 hours of the time the supplier receives verbal or written notification. Loss of certification may constitute sufficient grounds for immediate termination of the contract between the participating agency and the Contractor. • Hypochlorite delivered under this contract shall have a minimum of 120 Grams per Liter (GPL) available chlorine (i.e., 12.0 Trade Percent). • Hypochlorite delivered under this contract shall have a minimum of 0.15 percent by weight sodium hydroxide and a maximum of 0.45 weight percent sodium hydroxide. • Hypochlorite delivered under this contract shall meet the following containment concentration limits: Iron < 0.3 mg/L Copper < 0.03 mg/L Nickel < 0.03 mg/L Chlorate < 1,500 mg/L Bromate < 20 mg/L Perchlorate < 20 mg/L Filter Test Time (1000 ml) < 3 minutes ITB No. 078-22; Supply and Delivery of Sodium Hypochlorite Pagc 1 13 SCOPE OF SERVICES 0 • Sampling and testing shall be in accordance with EPA and AWWA B300-04 standards and in accordance with the documents titled: "The Weight Percent Determination of Sodium Hypochlorite, Sodium Hydroxide, And Sodium Chlorate in Liquid Bleach" and "Suspended Solids Quality Test for Bleach Using Vacuum Filtration", distributed by Powell Fabrication and Manufacturing, Inc. and available at http://www.powellfab.com. CONTRACTOR RESPONSIBILITES: • Shipments shall bear warning labels as specified by USDOT regulations. • Successful bidder's vehicle shall be equipped with a 2" Cam Lock Filler No7.71e for product dispensing (unload). • The delivery site(s) is located within a well field zone. Proper handling and delivery procedures shall comply with the Department of Environmental Resources Management (ERM) requirements. • Product shall be delivered in thoroughly cleaned tank trucks. City of Plantation reserves the right to order in quantities less than a tanker load (LTL). Delivery Reports: A certified report from the manufacturer shall be submitted for each sodium hypochlorite delivery to the City. The report shall contain the following data: • Date & Time of Manufacture • Percent by weight of: 1. Sodium Hypochlorite 2. Available Chlorine 3. Excess Sodium Hydroxide • Specific Gravity (Referenced to a temperature) • Suspended Solids Test Time No deliveries will be accepted by the City unless accompanied by said certified laboratory report for the specific patch of sodium hypochlorite delivered showing the above data and that it conforms to the required specifications. Deliveries shall be Monday — Friday, 7:00am — 5:00pm Item No. 1- Tanker load is 5,000 gallons ITB No. 078-22; Supply and Delivery oi'Sodium Hypochlorite Page 114 SCOPE OF SERVICES 0 Item No. 2- Tanker load is 5,000 gallons (Split between two City of Plantation locations) At any time during the performance of this Agreement, if the City has any sort of sludge or other impurity buildup in any of its sodium hypochlorite tanks, the Contractor shall clean out the tank at no charge to the City within seven (7) days, unless such timeframe is extended by the City. The cleanout should be done in such a manner so that it is done safely with no loss of disinfection to the affected plant and the contents disposed of in accordance with current regulations on disposal of hazardous wastes. The Contractor shall submit a procedure to the City for the approval prior to this work being completed. The determination of whether there is any such sludge or impurity buildup in the tanks will be at the sole discretion of the City. When the tank has been properly cleaned, the Contractor shall refill the tank with clean, fresh sodium hypochlorite at no cost to the City. Failure of the Contractor to clean out the tank and replace the sodium hypochlorite within seven (7) days after being served notice (or within any extension of this timeframe specified by the City) shall be cause for immediate termination of the sodium hypochlorite supply Agreement between the City and the Contractor. DELIVERY LOCATIONS ARE AS FOLLOWS: ITEM #1 Regional Wastewater Treatment Plant 6500 NW 11 Place Plantation, Florida 33313 ITEM #2 East Water Treatment Plant 500 NW 65 Ave Plantation, Florida 33317 Central Water Treatment 700 NW 91 Avenue Plantation, Florida 33324 ESTIMATED ANNUAL, USAGE (per year) 82,000 gallons ESTIMATED ANNUAL USAGE (per year) 85,000 gallons 95,000 gallons END OF SPECIFICATIONS 1TB No. 078-22; Supply and DeliveryofSodiuHypochlorite Page 115 IN EXHIBIT "B" (Submitted Documentation as Required by the City) NON -COLLUSION CERTIFICATION TO BE RETURNED WITH BID By signing and submitting this bid, the BIDDER certifies that this bid is made independently and free from collusion. BIDDF,R shall disclose below, to their best knowledge, any City of Plantation officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(l) (c), Florida Statutes (2014), who is an officer of director or, or has a material interest in, the BIDDER's business, who is in a position to influence this procurement. Any City of Plantation officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of of -ers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the BIDDER, or if they otherwise stand to personally gain if the contract is awarded to this BIDDER. Failure to submit this executed statement as part of the bid shall make the bid nonresponsive and not eligible for award consideration. In the event the BIDDER does not indicate any names, the CITY shall interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of a BIDDER to disclose any relationship described herein shall be reason for termination of bid or award, whichever is applicable, with no time to cure. NAME RELATIONSHIP BIDDER: By: Allied Universal Corporation Name: Cristhianne Munguia Title: Bid Coordinator IT13 No. 078-22; Supply and Delivery of Sodium Hypochlorite Page 116 NON -COLLUSION CERTIFICATION i&_ NOTARY BLOCK FOR AN INDIVIDUAL STATE. OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this (date) by (name ofpersonal acknowledging), who is personally known to me or who has produced as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF FLORIDA COUNTY OF MIAMI - DADE (type of identification) The foregoing instrument was acknowledged before me by means of n physical presence or ❑ online notarization, this 10/5/22 (date) bycristhianne Munguia(name of officer or agent, title of officer or agent), of Allied universal corp. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. fie/she is personally known to me or who has produced personally known (type of idenq�cation) as identification. My commission expires: NOTARY PUBLIC ATASEIRA PIEDRA Notary Public • State of Florida Commission 0 HH 045013 x a My Comm. Expires Sep 21, 2024 Dorded through National Notary Assn. ITB No. 078-22; Supply and Delivery of Sodium Hypochloritc Page 117 GENERAL TERMS AND CONDITIONS TEST AND INSPECTION it shall be the Awardee's responsibility to perform all of the tests and inspections required by this specification, unless otherwise stated in the award. The CITY of Plantation reserves the right to perform any of the tests and inspection requirements where said tests and inspections are needed to further determine compliance with this specification. QUALITY AND QUALITY CONTROL. A system of test and inspection shall be used to ensure receipt of the quality and quantity of material(s)/service(s) purchased. Material(s)/serviee(s) will be promptly inspected and any discrepancies from the purchase order and/or the supplier's invoice shall be reported immediately and resolved at no expense to the CITY. NON-CONFORMANCE: Any units not conforming to exact specifications may he rejected and it will be the responsibility of the Manufacturer and/or CONTRACTOR to conform with the requirements unless deviations have been specifically cited by the CONTRACTOR and acceptance, by the CITY, made on the basis of the exception. If the materials, supplies or equipment provided does not meet the specification criteria, it will be returned to the vendor at the vendor's expense with no cost or penalty to The CITY whatsoever. EVALUATION: The CITY will evaluate the performance of any newly installed equipment or purchased service. If the equipment's performance is unacceptable or the service does not meet The CITY'S requirements, the CONTRACTOR agrees to provide new replacement equipment or make necessary corrections or modifications at no additional cost to the CITY. The acceptability of the proposed corrections or modifications and the decision to allow corrections or modifications to be made lies solely with the CITY. PATENTS, TRADEMARKS AND COPYRIGHT: The CONTRACTOR warrants that the equipmcnt/materials furnished and/or services rendered on this order, do not infringe any patent, registered trademark or copyright, and agrees to hold The CITY harmless in the event of any infringement or claim thereof. COMPLIANCE WITH LAWS AND REGULATIONS: The CONTRACTOR, by acceptance of an order resulting from this Written Bid, warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the CITY against any loss, cost, liability or damage by reason of CONTRACTOR'S violation of this paragraph. WARRANTY. 1. It shall be the Awardec's responsibility to submit at the time of shipment the original manufactnrer's warranty for the materials supplied. CONTRACTOR shall submit, in writing, a detailed explanation of the procedure(s) that they will follow to accomplish the replacement, with their bid. Replacement shall be finalized within 21 work ing days of reTxirting the defect. 2. The CONTRACTOR shall, upon acceptance of the good or service by the City, transfer all manuflacturcr warranties for the goods and services purchased to the City. 3. The CONTRACTOR warrants to the City that all goods and services furnished hereunder will conform in all respects to the terms of this order, including any drawings, specifications or standards incorporated herein, and/or defects in materials, workmanship, and free from such defects in design. in addition, CONTRACTOR warrants that the goods and services are suitable for and will perform in accordance with the purposes for which they were intended. 4. The CONTRACTOR warrants against defective or fault\ \%orkmanship of CONTRACTOR installed or crafted equipment or materials which appear within one (1) ycar alier final acceptance of the goods and services by the City. ALTERNATIVE PRODUCTS: When bidding on an Alternative Product "or equal," Bids must be accompanied with all descriptive information necessary for an evaluation of the proposed material or equipment such as the detailed drawings and specifications, certified operation and test data and experience records. Failure of any CONTRACTOR to furnish the data necessary to determine whether the product is equivalent, may be cause for rejection of the specific itcros(s) to which it pertains. All deviations from the specifications must be noted in detail by the CONTRACTOR. Any deviation from the specifications as written and accepted by the CiTY may be grounds for rejection of the material and/or equipment when delivered. EQUAL PRODUCT: Manufacturer's brand name and model number arc used in these specifications for the purpose of establishing minimum requirement level of quality and standards of performance and design required. This is in no way intended to prohibit the bidding of other manufacturer's items of equal material and function, unless otherwise indicated. Equal (substitution) may be bid, providing the product hid is found to be equal in quality, standards of performance, design, ctc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, ITB No. 078-22; Supply and Delivery of Sodium Hypochlorite page 120 GENERAL TERMS AND CONDITIONS brochures, etc.) documenting the equipment bid as equal. The CITY, after evaluation of the documentation submitted, will determine if products is approved as equal to the specified request. QUANTITIES: When quantities are estimated they arc not to be construed as firm or guaranteed. The CITY reserves the right to increase/decreasc the stated estimated as necessary to meet actual requirements. OSHA: The CONTRACTOR warrants that the product supplied to the CITY of Plantation shall conform in all respects to the standards set forth in the Occupational Safety and I lealth Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the CONTRACTOR responsible for same (If applicable). EXCEPTIONS: The intent of this specification is not to eliminate any prospective CONTRACTOR from competing in the bidding process, provided the specification is met or exceeded. Fxceptions to the specifications outlined shall he allowed assuming the following criterion: The noted exceptions taken meet or exceed the function, quality, and protective requirements designated by the specification. In addition, each exception shall be identified by section number and thoroughly described in a word document or PDF file and included in the bid package at time of submittal. SCRUTINIZED COMPANY CERTIFICATION: The company is hereby certifying that they arc not on the Scrutinized Companies that Boycott Israel List or that are participating in a boycott of Israel pursuant to Section 287.135, Florida Statutes. Company understands and agrees that pursuant to section 287.135, Florida Statutes, the submission of a false certification; or being placed on the Scrutinized Companies that Boycott Israel List, or engaging in a boycott of Israel; or being placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or engaging in business operations in Cuba or Syria will be cause for the CITY to terminate this Agreement at the option of the CITY COOPERATION WITH THE BROWARD COUNTY OFFICE OF INSPECTOR GENERAL. The Broward County Office of Inspector General ("OIG") has the authority to review and investigate how governmental contracts are performed and how contractors and vendors (herein, "CONTRACTORS") are paid. To this end, CONTRACTOR agrees to cooperate with the OIG in the event the Contractor is contacted by the OIG. Such cooperation shall include, answering any questions that may be posed by the OIG, and allowing the OIG to review and copy any of CONTRACTOR's written material, contract documentation, and financial records that may relate to the formulation, execution, and performance of this Contract. The CONTRACTOR acknowledges and agrees that whatever work or effort is expended by CONTRACTOR in interfacing with the OIG is part of the administrative or overhead or base costs of the services provided by the CONTRACTOR to the CITY, and shall never be a basis for claiming extra or additional compensation under this Contract, or for requesting a change order.- 'Me CONTRACTOR's failure to cooperate fully with the OIG as required by the preceding clause shall be a basis for the CITY claiming the CONTRATOR is in default, and may, if not timely curd, allow the CITY to terminate this Contract for cause. Unless the CONTRACTOR is instructed otherwise in a specific written and notarized Order signed by the Broward County Inspector General, CONTRACTOR shall advise CITY, in writing and in the same manner as Contractor gives the CITY formal notice under this Contract, each instance, if ever, that the CONTRACTOR is contacted by the OIG, and shall supply the CITY with information necessary to allow the CITY to ensure that the Contractor is fully performing the requirements of this Paragraph. In the absence of this Contract containing a provision concerning to whom the Contractor gives formal notice for matters relating to this contract, such notice shall be in writing, and shall he addressed to the following person, and either faxed or mailed by First Class Mail. COMPLIANCE UNDER SECTION 119 0701 FLORIDA STATUTES. ON PUBLIC RECORDS The Contractor hereby certifies that it shall comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that arc exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. I m No. 078-22; Supply and Delivery of Sodium Hypochlorite Page 121 GENERAL TERMS AND CONDITIONS E-VERIFY 1) Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor' includes, but is not limited to, a vendor or consultant. "Subcontractor' means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "F.-Verify system" means an Internet -based system operated by the United States Departmem of l Iouucland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Registration Requirement; Termination Effective January I, 2021. Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's F,-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract: and b) All persons (includingsubvcndors/subconsultants/subcontmciors) assigned by Contractor to perform work pursuant to the contract with the City of Plantation. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's Fi-Verify System during the term of the contract is a condition of the contract with the City of Plantation: and c) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting 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. Failure to comply will lead to termination of this Contract. or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. PAYMENT 'me CITTS payment terms shall he thin), days (30) from approval by the City of the purchase of the service or equipment. TAXES The CITY of Plantation is exempt from Federal Excise Taxcs and all sales taxes. The CiTY of Plantation tax number is 85- 8012646337C-9. PERMITS 'Me Contractor shall secure and pay for all maintenance of traffic (MOT), construction permits and licenses, etc. and shall pay for all governmental charges, inspection fees, and fines incurred by Contractor for their negligence, error or omission. The City would assist the Contractor, if possible, in obtaining such permits and licenses. The Contractor shall also be responsible to pay all public utility charges or fees to other government agencies, where applicable. FLORDiA BUSINESS CORPORATION ACT A Vendor must he authorized to transact business in the State of Florida pursuant to section 607.1501 of the Florida Statutes. Vendor must have or obtain a certificate of authority from the Department of State. By signing this document, I agree to all of the aforem ntioned terms and conditions that are applicable to this written informal bid Authorized Signature: Date: 10/05/2022 Print/Type Name: Cristhianne Munguia PrintrType company Name: Allied Universal Corporation ITB No. 078-22; Supply and Delivery of Sodium ITypochlorite Page 122 EXHIBIT 4CU (Pricing) BID FORM Bidding Company's Name: Allied Universal Corporation Address: 3901 NW 115 Ave Miami, FL 33178 Phone: (305) 888-2623 Email: Bids@Allieduniversal.com To furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: SOLICITATION NAME: Supply and Delivery of Sodium Hypochlorite ITB No. 078-22 City of Plantation TO: City of Plantation 400 NW 73rd Avenue Plantation, FL 33317 The Undersigned BIDDER proposes and agrees if this bid is accepted, to enter an agreement with the CITY to complete all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation. This bid will remain open for thirty days after the day of Bid Opening. A. BIDDER has examined copies of all the Contract Documents and of the following Addenda: (if any addenda have been issued) DATE: ADDENDA NUMBER: [ l [ l (receipt of all of which is hereby acknowledged) and also copies of the Advertisement or Notice to Contractors and the Instruction to Bidder. B. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreements or rules of any group, association, organization or corporation. BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham bid; BIDDER has not solicited or induced any person, firm, or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other BIDDER or over CITY. C. BIDDER shall complete/famish the work/equipment for the following price. It is the CITY'S intent to award a contract to the lowest, responsive, and responsible BIDDER. ITB No. 078-22, Supply and Delivery of Sodium Hypochloritc Page 123 131D FORM TOTAL BASE BID AMOUNT: Item No. Description Unit Estimated Quantity Unit Price Total Offer I. Sodium Hypochlorite (NaOC1, Bleach) as Gallon 82,000 specified herein TANKER LOAD $1.34 S 109,880.00 Manufacturer offered: Allied Universal Corp. 2. Sodium Hypochlorite (NaOC I, Bleach) as Gallon 180,000 specified herein Tanker load is 5,000 gallons (Split between two of Plantation locations) Manufacturer offered: S1.36 _ _ $244,800.00 Allied Universal Corp. I ne Ciry reserves the right to multi -award both item numbers. Communications concerning this Bid shall be addressed to the address of BIDDER indicated below. The undersigned also agrees as follows: To do any extra work not covered by the foregoing Schedule of Price which may be ordered by the CITY, and to accept as full compensation therefore, such prices may he agreed upon in writing by the CITY and the BIDDER. SUBMITTED ON10/5 20 2; SIGNATURE, OF BIDDER: PRINT NAME: Cristhianne Munguia TITLE (if any): Bid Coordinator ADDRESS: 3901 NW 115 Ave Miami, FL 33178 Incorporated under the laws of the State of Florida. ITB No. 078-22; Supply and Delivery of Sodium Hypochlorite Page 124 EXHIBIT "D" (Insurance Requirements) INSURANCE REQUIREMENTS Statement Contractors shall not commence any work until they have obtained and satisfied the city's insurance requirements under written contract with the city and such insurance has been approved by the City of Plantation Risk Management Department. Contractors shall not allow any subcontractor to commence work until all insurance requirements have been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in the State of Florida. All insurance companies shall have a Financial Rating of no less than "A" and Class X respectively, in the latest edition of A.M. Best Rating Guide. The types and amounts of insurance shall not be less than the amounts specified in this agreement. Insurance The required insurance coverages shall be written in accordance with the hazards and magnitude of the project, but in no circumstances a lesser coverage amount, nor more restrictive than the limits of liability and schedule of hazards described herein. Contractors shall be responsible to purchase and maintain required insurance policies during the term of the contract agreement. If the Contractor fails to procure and maintain such insurance, the City of Plantation shall have the right, but not the obligation, to purchase and maintain said insurance for and in the name of the Contractor, and the Contractor will pay the premium cost thereof and shall furnish all necessary information to the city in order to make effective and maintain such insurance. Additional Insured Certificates of Insurance and insurance policies shall also be endorsed to name the City of Plantation "Additional Insured" on the Commercial General Liability with the following or similar endorsements providing equal or broader Additional Insured coverage, such as the basic CG2026 07 04 Additional Insured --Designated Person or Organization endorsement, or the CG2010 10 01 Additional Insured -Owners Lessees, or Contractors endorsement, or the CG2010 07 04 Owners, Lessees or Contractors endorsement, including the additional endorsement of CG2037 10 01-Additional Insured- Owners, Leases have Contractors Operations endorsement. Endorsements shall be required to provide back coverage for the contractors "Your Work" as defined in the insurance policy and liability arising out of the products & completed operations hazard. Commercial General Liability Contractor will agree to maintain Commercial General Liability at a minimum limit of liability not less than $1,000,000 Each Occurrence, and $2,000,000 Annual Aggregate unless the particular contract calls for specific limits of insurance. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. When a self -insured retention (SIR) or deductible exceeds $25,000, the City reserves the right, but not the obligation, to review and request a copy of Contractor's most recent annual report or audited financial statement. Business Automobile Liability Contractor will agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers Compensation & Employers Liability The Workers Compensation and Employers' Liability insurance shall be in accordance with Florida State Statutes 440. Umbrella Excess Liability If required by contract will be no more restricted than the underlying insurance policies. City of Plantation must be added and endorsed separately as additional insured on umbrella policies. INSURANCE REQUIREMENTS Professional Liability If required by contract will be a minimum of 100.000. Waiver of Subrogation The Contractor will agree that each required policy will contain Waivers of Subrogation in favor the City of Plantation. Should an insurance policy condition not permit Contractor to enter into a pre -loss agreement to waive subrogation without an endorsement, then the Contractor will agree to notify the insurer and request the policy be endorsed with a waiver of Transfer of Rights of Recovery against others, or its equivalent. This waiver of subrogation shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should contractor enter into such an agreement on a pre -loss basis. Certificate(s) of Insurance The Contractor will agree to provide City a Certificate of Insurance evidencing that all coverage's, limits and endorsements required herein are maintained and in full force and effect, and certificates of insurance shall provide a minimum thirty (30) days to notify, when available by Contractors insurer. If the Contractor receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City by fax within five (5) business days with a copy of the non -renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. Certificates of Insurance shall be in the form as approved by Insurance Standards Office (ISO) and such certificates shall clearly state all of the coverage's required in this section. INSURANCE Commercial General Liability insurance will cover liability bodily injury and property damage. Exposures to be covered are premises, operations, products/completed operations, and contracts. Coverage must be written on an occurrence basis, with the following examples of insurance. Schedule Commercial General Liability Blanket Contractual Liability Independent Contractors Products & Completed Operations Blanket Contractual Liability Automobile Liability Any auto including Hired & Non -owned Broad Form Property Damage Blanket X,C,U Hazards Workers' Compensation Employers Liability Disease Policy Limit Bonds: Limits $1,000,000 Each Occurrence $2,000,000 Each Occurrence Premises -Operations Personal /Advertising Injury Independent Contractors $1,000,000Combined Single Limit $1,000,000 Each Occurrence If required (Included) Florida 440 Statutory Coverage $1,000,000 Each Accident $1,000,000 A surety bond maybe required equal to the value of the job to guarantee the work will be done per the specifications on a timely basis. INSURANCE REQUIREMENTS A. Violation of the terms of this agreement and its subparts shall constitute a breach of the written contract and so the city at its sole discretion, may cancel the contract and all rights, title and interest of the contractor shall thereupon cease and terminate. B. The City reserves the right to require or adjust any of the insurance coverage's it deems necessary depending upon the company, the project and the potential hazard exposures. C. The city requires being named "Additional Insured" on all certificates of insurance. Certificates of Insurance can only be endorsed by an insurance agency or insurance company. D. No work is to be performed pursuant to a mutually agreed upon written contract between the City of Plantation and the Contractor. The city will have the right to amend such contract to conform to City of Plantation guidelines for contract work. E. The City requires a "thirty (30) day notice of cancellation" on all ccrti ficates of insurance. F. The City requires a "wavier of subrogation" for all Workers Compensation Coverages THE UNDERSIGNED CONTRACTOR HAS READ All THE FOREGOING REQUIREMENTS AND AGREES TO THE TERMS. WITNESS CONTRACTOR DATE CITY OF PLANTATION . � Co►porare Qffice 3901 NW 115 Avenue C AAWEDVRA Miami, 8-262a 331 78 305-888-1h23 once CORPORATION 305-4h3-83h9fax October 19, 2022 City of Clermont Freddy L. Suarez 685 W. Montrose St. Clermont, FL 34711 Re: Bid# ITB No. 078-22-0-2022/SG Sodium Hypochlorite, Liquid Dear Mr. Suarez: Please use this letter as confirmation that Allied Universal Corporation will offer the City of Clermont a piggyback agreement on City of Plantation, BID# ITB No. 078-22-0-2022/SG for Sodium Hypochlorite, with pricing listed below. Sodium Hypochlorite $1.36 (LTL) Sodium Hypochlorite $1.34 (TL) The term of this "piggyback" agreement is from November 1, 2022 to October 31, 2023 during which the City of Clermont agrees to purchase from Allied Universal Corporation all the City of Clermont's Sodium Hypochlorite requirements for: Estimated volume 120,000 gallons. If you agree with this offer along with the terms and conditions as stated on the original bid, and wish to be included in this Bid contract please signify by signing this letter and returning by October 30, 2022 via email to bidsO-a llied universal . com We look forward to hearing from you. Respectfully, RSAL CORPORATION Jim ricer, AUC President —CEO cc: T. Koziatek , VP of Sales R. Hansen, Sales Representative S. Moros, Bid Coordinator 8350 NW 93 Street Miami, Florida 33166 AUC - 305-888-2623 9501 Rangclinc Road Ft. Pierce, Florida 34987 AUC - 772464-6195 CITY OF CLERMONT DOCUSIonod by: �-431F571)413554D8.. Title: Procurement Services Director Date: 10/19/2022 5215 W.Tyson Avenue Tampa. Florida 33611 CFI - 813-832-4868 30 Nell Gunn Drive 204 SCM Road 9545 Rangclinc Road 14770 Old Saint Augustine Road Jacksonville, FL 32207 AUC - 904.619-6180 2815 Inland Transport St.