Pro Energy A1.pdf

AMENDMENT NO.: 1

Bulk Fuel, Gasoline, and Diesel

State Term Contract No. 15100000-19-1

This Amendment (“Amendment”) effective on the date the document is signed by all parties, to the Bulk Fuel, Gasoline, and Diesel Contract No. 15100000-19-1 (“Contract”), between the State of Florida, Department of Management Services (“Department”) and Pro Energy Fleet Fueling LLC (“Contractor”), collectively referred to herein as the “Parties.” All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein.

WHEREAS, the Parties agreed that the Contract may be amended by mutual agreement and in writing as provided in Section IV, “Contract”, of the Contract.

WHEREAS, the Department seeks to remove the emergency fuel plans from the Contract to accommodate the needs of the Division of Emergency Management.

THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following:

I. Contract Amendment. Exhibit A, Scope of Work, is hereby amended to delete Section F, Emergency Fuel Plan, in its entirety from this Contract.

II. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control.

III. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party.

IV. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof.

IN WITNESS WHEREOF, the parties have executed this Amendment by their duly authorized representatives.

State of Florida: Contractor:

Department of Management Services Pro Energy Fleet Fueling LLC

By: ______________________________ By: __________________________

Name: David Clark____________________ Name: _Clemente Cruz_____________

Title: Chief of Staff __________________ Title: Owner __________

Date: ______________________________ Date: __________________________