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#22-8000 (Lhoist North America of Alabama, LLC. - First Amendment)FIRST AMENDMENT TO AGREEMENT 422-8000 FOR QUICKLIME SUPPLY FOR COLLIER COUNTY THIS FIRST AMENDMENT made and entered into on this jute VT"" "h , 2023, by and between Lhoist North America of Alabama, LLC (the "Vendor") and Collier County, a political subdivision of the State of Florida, (the "County") (collectively, the "Parties"): WHEREAS, on July 12, 2022, (Agenda Item 16.C.5), the County entered into Agreement 422-8000, "Quicklime Supply for Collier County" (the "Agreement"), with Vendor for the purchase of Quicklime required for potable water treatment; and WHEREAS, the Vendor has requested an increase for the purchase of Quicklime under the Agreement wherein prices are to remain firm during the first year of the Agreement, which ends on July 11, 2023; and WHEREAS, the Parties desire to amend the Agreement to modify Exhibit B — Fee Schedule to allow for an increase in the unit price from $355.20 per ton to $438.71 per ton, due to unanticipated and unprecedented increases in the energy market (some as high as 400%), and increases in rail, terminal charges and truck freight rates impacting this Vendor's pricing, with the increased unit price of $438.71 commencing upon the second year of the Agreement on July 12, 2023 and continuing through July 11, 2024; and WHEREAS, the requested price increase by Lhoist is consistent with or less than comparable recent Quicklime awards to Lhoist in Lee County, the City of Edgewater, and by other Florida public agencies. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: 1. The above recitals are hereby incorporated into this First Amendment as if fully set forth herein. 2. Exhibit B — Fee Schedule is to be deleted in its entirety and replaced by the attached Exhibit B 1 —Fee Schedule 3. All other terms and conditions of the Agreement, unless modified herein, shall remain the same. SIGNATURE PAGE TO FOLLOW. Page I of 3 First Amendment to Agreement #22-8000 CAO IN WITNESS WHEREOF, the Parties have executed this First Amendment by an authorized person or agent on the date and year first written above. ATTEST: Crystal K. Kinzel, Clerk of Circuit Court and Comptro 4i' 40 0 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA c :r --j I By: ' By: ' Rick LoCastro, Chairman Dated:./ (SEAL) Attest iiiztt 14rman's signature only Vendor's Witn ses: First itness b Type/print witness nameT WA.- k— PkA--,- Second Witness Ror,( k- Hof' I t4 ce TType/print witness nameT VENDOR: LHOIST NORTH AMRRICA OF ALABAMA, LLC By: Signature cm" Signature K".0-4 61 ��,4 s, V•f, TType/print signature and titleT -7? 2e23 Date A roved as t F •m n egal'ty: County Attorney Print Name Page 2 of 3 First Amendment to Agreement t#22-8000 EXHIBIT BI - FEE SCHEDULE (FIRST AMENDMENT) Lhoist North America of Alabama, LLC Item Product Description Unit of Measure Price' 1 W-6 Lime Ton $438.71 *Price shall remain firm for the second year of the contract commencing July 12, 2023 through and including uly 11, 2024. Page 3 of 3 CAO First Amendment to Agreement #22-8000