#17-7156 Amendment #1 (Evoqua Water Technologies) FIRST AMENDMENT TO AGREEMENT
#17-7156
FOR
EVOQUA WATER TECHNOLOGIES SOLE SOURCE
THIS AMENDMENT, made and entered into on this c? (ilk` day of 4'1,4 L 2018, by and
between Evoqua Water Technologies, LLC, authorized
'to do business in the State of Florida, whose
business address is 2650 Tallevast Road, Sarasota,Florida 34243 (the"Contractor")and Collier County,
a political subdivision of the State of Florida, (the "County"):
WHEREAS, on May 23, 2017, Agenda Item 16.C.3, the County entered into an Agreement
with Contractor for a period of one year for the purchase of Bioxide Plus 71, Aktivox, and VX456 for
the use by the Public Utilities Department Wastewater Division to ensure regulatory compliance (62-
604.F.A.C),minimize odors consistent with the good neighbor policy,and meets demand with sustained
reliability with an estimated cost of$500,000;
WHEREAS, on January 9, 2018, Agenda Item 16.C.4, the County approved an increase of
$250,000 to purchase order for Bioxide Plus 71, Aktivox and VX456 to maintain uninterrupted and
continued use of Contractor's odor control products.
WHEREAS,the parties desire to further amend the Agreement to; 1)extend Agreement term
for an additional three years with a new end date of May 22,2021 and;2)revise Exhibit A-Fee Schedule
with updated pricing for products.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the parties as follows:
Words Struck gh are deleted; Words Underlined are added
Section 1. AGREEMENT TERM. is revised as follows;
* * * * *
1. AGREEMENT TERM. The Agreement shall be for a one (1) four (4) year period,
commencing on Date of Board award and terminating ene-(1)four(4) yearbj from that date
or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period
have been completed or terminated.
* * * * *
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First Amendment to Agreement#17-7156
* * * * *
EXHIBIT A
Fee Schedule
Product Pricing'
Bioxide®Plus 71 $ 3.38/gal
Aktivox®Full Truck $ 0.83/lb
Aktivox®Partial Load $ 1.18/lb
VX 456®Full Truck $ 0.94/lb
VX 45613 Partial Load $ 1.29/1b
'The above pricing will be in effect through May 31, 2018. Any changes in price will require advance
approval in writing by the Project Manager.
Product Pricing2
Bioxide® Plus 71 $3.55/gal
Aktivox®Full Truck $0.92/lb
Aktivox'1 Partial Load $1.24/lb
VX 456®Full Truck $1.22/1b
VX 456®Partial Load $1.55/lb
2The above pricing will be in effect for a period of June 1, 2018 through May 31, 2021. Any changes in
price will require advance approval in writing by the Project Manager.
* * * * *
SIGNATURE PAGE TO FOLLOW
**Remainder of this page left blank intentionally**
110
Page 2 of 3
First Amendment to Agreement#17-7156
IN WITNESS WHEREOF,the parties hereto,have each,respectively,by an authorized person or agent,have
executed this Amendment on the date and year first written above.
ATTEST:
Dwight E.Brock,Clerk of Courts BOARD OF 'SUN ' ' COMMI • S
COLLIE' O , a '
By . �1.
`� ,rdy Solis,Esq., hairman
Dated:: ' 'f A 1 ,
(SE—Am
SE Alt t as to Ct)a_ an'
signature only.
Contractor's Witnesses: CONTRACTOR:
Evoqu Vater i ologies,LLC
First Witness Signature
Sheri Whalen Jennifer R. Miller, V.P.& G.M.
TType/print witness nameT TType/print signature and titlet
Second Witness 3/21/18
Date
Constance Curtis
TType/print witness nameT
Approved as to Form and Legality:
NOOPIAA-1171)16PAA-e
County Attorney
Col Iter M. &ream
Print Name
Page 3 of 3 "
First Amendment to Agreement#17-7156
S
„„„/
E?VOQUA
WATER TECHNOLOGIES
EVOQUA WATER TECHNOLOGIES LLC
OFFICER'S CERTIFICATE
I,Benedict J. Stas,Chief Financial Officer of Evoqua Water Technologies LLC,a
Delaware limited liability company(the"Company")with its principal office located at 210
Sixth Avenue,Pittsburgh,Pennsylvania 15222,do hereby certify on behalf of the Company that
Jennifer R.Miller is the Vice President and General Manager of the Municipal Services Segment
of the Municipal Division of the Company and that in such capacity Ms. Miller has full power
and authority to execute and deliver the Company's bid and all related ancillary agreements in
connection with the sale of Sole Source Odor Control Products to Collier County Board of
County Commissioners in Naples,Florida.
IN WITNESS WHEREOF,the undersigned has executed this Certificate on the 21st day
of March,2018.
enedict J. Sta
Chief Fi ur- tal Officer
� ' ,j' ,Cf1N.
evoQuA
WATER TECHNOLOGIES
EVOQUA WATER TECHNOLOGIES LLC
OFFICER'S CERTIFICATE
I,Benedict J. Stas, Chief Financial Officer of Evoqua Water Technologies LLC,a
Delaware limited liability company(the"Company")with its principal office located at 210
Sixth Avenue,Pittsburgh,Pennsylvania 15222,do hereby certify on behalf of the Company that
Jennifer R.Miller is the Vice President and General Manager of the Municipal Services Segment
of the Municipal Division of the Company and that in such capacity Ms. Miller has full power
and authority to execute and deliver the Company's bid and all related ancillary agreements in
connection with the sale of Sole Source Odor Control Products to Collier County Board of
County Commissioners in Naples,Florida.
IN WITNESS WHEREOF,the undersigned has executed this Certificate on the 21st day
of March,2018.
:enedict J. S
Chief Fi - ial Officer