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Agenda 02/25/2014 Item #16E122/25/2014 16.E.12. EXECUTIVE SUMMARY Recommendation to approve the assignment of the two existing sole - sources ( #10 -5583 and #13 -6130) from Siemens Water Technologies LLC to Evoqua Water Technologies LLC, for the purchase of Bioxide Plus 71 and Aktivox chemicals. OBJECTIVE: That the Board of County Commissioners, as Ex- officio the Governing Board of Collier County Water -Sewer District ( "Board ") approve the assignment of the two existing sole - sources ( #10 -5583 and #13 -6130) from Siemens Water Technologies LLC ( "Siemens ") to Evoqua Water Technologies LLC, for the purchase of Bioxide Plus 71 and Aktivox chemicals. CONSIDERATIONS: On July 26, 2011 (Agenda Item #16C6), the Board authorized the renewal of sole - source ( #10 -5583) for the purchase of Bioxide Plus 71 from Siemens. On June 1.1, 2013 (Agenda Item # 16C 1), the Board approved the sole - source (# 13 -6130) for the purchase of Aktivox from Siemens. Subsequently, on January 16, 2014 staff was notified that Siemens was acquired by Evoqua Water Technologies LLC. Following the Procurement Administration Procedures, staff has acquired the necessary documents from Evoqua Water Technologies LLC which have been reviewed and approved by the County Attorney's staff. The Purchasing Department is recommending approval of the assignment from Siemens to Evoqua Water Technologies LLC, for the purchase of Bioxide Plus 71 and Aktivox chemicals. FISCAL IMPACT: There is no direct fiscal impact. Budget for any and all expenditures made under the contract are provided for in various projects and /or cost centers throughout the County. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summar} -. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - -ERP RECOMMENDATION: That the Board of County Commissioners, as Ex- officio the Governing Board of Collier County Water -Sewer District, approve the assignment of the two existing sole- sources ( #10 -5583 and #13 -6130) from Siemens to Evoqua Water Technologies LLC. for the purchase of Bioxide Plus 71 and Aktivox chemicals. PREPARED BY: Diana DeLeon, CPPB, Contracts Technician, Purchasing Department Attachments: 1) Letter from Evoqua Water Technologies LLC dated January 16, 2014 2) Certificate of Amendment of Siemens to Evoqua Water Technologies LLC 3) Evoqua Quotes Packet Page -1489- 2/25/2014 16.E.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.12. Item Summary: Recommendation to approve the assignment of the two existing sole - source Contracts Nos. 10 -5583 and 13 -6130 from Siemens Water Technologies LLC to Evoqua Water Technologies LLC, for the purchase of Bioxide Plus 71 and Aktivox chemicals. Meeting Date: 2/25/2014 Prepared By Name: DeLeonDiana Title: Contracts Technician, Purchasing & General Services 2/7/2014 9:17:08 AM Submitted by Title: Contracts Technician, Purchasing & General Services Name: DeLeonDiana 2/7/2014 9:17:09 AM Approved By Name: pochopinpat Title: Administrative Assistant, Administrative Services Division Date: 2/7/2014 10:23:56 AM Name: WardKelsey Title: Manager - Procurement, Purchasing & General Services Date: 2/7/2014 11:46:57 AM Name: MarkiewiczJoanne Title: Manager - Procurement, Purchasing & General Services Date: 2/7/2014 11:52:04 AM Name: DeLeonDiana Title: Contracts Technician, Purchasing & General Services Date: 2/7/2014 12:06:08 PM Packet Page -1490- 2/25/2014 16.E.12. Name: PriceLen Title: Administrator - Administrative Services, Administrative Services Division Date: 2/7/2014 4:18:31 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 2/11/2014 3:29:31 PM Name: PryorCheryl Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 2/12/2014 3:42:12 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/19/2014 1:24:04 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/19/2014 2:01:52 PM Packet Page -1491- 2/25/2014 16.E.112. E)VOQUA F January 16, 2014 Dear Customer: I am delighted to inform you that AEA Investors LP today closed on its agreement with Siemens to acquire Water Technologies. The new company will be called Evoqua Water Technologies LLC. Thank you for your support and patience throughout the divestiture process. We kindly ask that you update your business systems replacing the name of Siemens Water Technologies LLC with Evoqua Water Technologies LLC. No other changes are necessary. The name change to Evoqua Water Technologies does not affect WT's legal entity registration and will have no impact on your contract. WT's existing federal tax identification, remittance address, bank routing, electronic funds transfer numbers and D &B identifier remain unchanged. The name change will not affect your interaction among the WT Business representatives and employees with whom you currently correspond. If you have questions, please continue to address them to your existing WT contacts. The new company will continue to focus on municipal and industrial water and wastewater treatment and services. Existing management will remain and work together with AEA's Evoqua team who have years of water experience to serve you, add value for you and deliver without disruption. Our new name Evoqua originates from the definition of "evoke" to re- create imaginatively, as well as "evolve," to change into a better or more advanced state, and a shortened version of "aqua." The name symbolizes a transformational step of an established industry leader and signals our intent to respond to the evolving needs of the water and wastewater market. It is pronounced a (long "e ") vo (long "o ") qua. Evoqua has a long and proud history. We will continue to offer our proven trusted brands such as Bioxide, Municipal Services, Wallace & Tiernan, MEMCOR, Envirex, JetTech, lonpure, JWI, Vantage and many others. Now under ownership of AEA, one of the most respected private equity firms with more than $6 billion under management backed by leading executives and institutional investors from around the globe, we are eager to begin our next chapter of increased entrepreneurship, flexibility and growth. Please continue to send all contracts, purchase orders, bids, information requests, etc. to the address below. Again, thank you for your support. We look forward to continuing to serve you. Sincerely, Jennifer R. Miller Vaughan Harshman V.P. & G.M. Technical Sales Representative iennifer.r.miller(a)-siemens.com iames.v.harshman(a)siemens.com 941 - 928 -0453 2650 Tallevast Road Tel: +1 (800) 345 -3982 Sarasota, FL 34243 USA Fax: +1 (941) 359 -7985 „,w„ CWclawa,con, Packet Page -1492- Defaware The First State 2125/2014 16.E.12. PAGE 1 1, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "SIEMENS WATER TECHNOLOGIES LLC ", CHANGING ITS NAME FROM "SIEMENS WATER TECHNOLOGIES LLC" TO "EVOQUA WATER TECHNOLOGIES LLC ", FILED IN THIS OFFICE ON THE SIXTEENTH DAY OF JANUARY, A.D. 2014, AT 10:31 O'CLOCK A.M. 5311161 8100 140055234 You may verify this certificate online at corp.delaware.gov /authver.shtml W(E�ZC�7 Jeffrey W. Bullock, Secretary of State AUTHEN C TION: 1064911 DATE: 01 -16 -14 Packet Page -1493- State of Delaware Secretary of State Division of Corporations Delivered 10:34 AM 0111612014 FILED 10:31 AM 0111612014 caV 140055234 - 5311161 FILE CERTIFICATE OF AMENDMENT TO THE CERTIFICATE. OF FORMATION OF SIEMENS WATER TECHNOLOGIES LLC 2/25/2014 16.E.12. This Certificate of Amendment to the Certificate of Formation (this "Certificate ") is being executed as of January 16, 2014, for the purpose of amending the Certificate of Formation of Siemens Water Technologies LLC (the "Company "), pursuant to the Delaware Limited Liability Company Act 6 Del. C. § 18 -202. The undersigned, being duly authorized to execute and file this Certificate, does hereby certify as follows: Name. The name of the limited liability company is Siemens Water Technologies LLC. 2. Certificate of Formation. The Certificate of Formation was filed with the Office of the Secretary of State of the State of Delaware on March 28, 2013. 3. Amendment. The first article of the Certificate of Formation is hereby amended and restated in its entirety to read as follows: "FIRST. The name of the limited liability company is Evoqua Water Technologies LLC." 4. Effective Date. This Certificate shall be effective as of January 16, 2014. (Signature Page Follows) 9254889 Packet Page -1494- 2/25/2014 16. E.12. IN WITNESS WHEREOF, the undersigned has duly executed this Certificate of Amendment to the Certificate of Formation as of the date first written above. EWT Holdings III Corp., sole member By./ V 4--,'VA Barbara u L. Burns Title: Vice President, Secretary and Assistant Treasurer [Signature page to Certifrcaie ofAmendment of Certificate of Formation of Siemens Water Technologies LLC) 9254889 Packet Page -1495- 2/25/2014 16.E.12. OVOQUA February 18, 2014 Mr. Johnny Arteaga, III; Odor Control Specialist Collier County 10500 Goodlette Road Naples, FL 34109 E -mail: juanarteaga @colliergov.net RE: AKTIVOX® FOR WRF ODOR CONTROL Dear Mr. Arteaga: I would like to confirm to you that our name change from Siemens Water Technologies LLC to Evoqua Water Technologies LLC will not affect our business relationships in any way. We look forward to continuing our business relationship with Collier County now and into the future. I am pleased to confirm there are no changes to our current pricing for Aktivox"'. The price for full -load quantities (min. 40,000 lb.) is $0.79 per pound. The price for less than full load quantities is $1.12 per pound. This price will remain in effect until September 30, 2014. Terms and conditions of the existing full service contract shall apply. The above price does not include any applicable taxes. Evoqua Water Technologies is the sole provider of Aktivox® solution for odor control for the wastewater industry. Thanks again for the opportunity to be of service to Collier County, Johnny. Please give me a call at 941 - 928 -0453 of you have any questions on this information or if I can be of assistance in anyway. Sincerely, Evoqua Water Technologies LLC Vaughan Harshman, P.E. Technical Sales Representative cc: Mark Germer, Siemens Charles Maltby, Siemens 2650 Tallevast Rd. Tel: +1 (800) 345 -3982 Sarasota, FL 34202 USA Fax: +1 (941) 359 -7895 www.evoqua.com Page 1 of 1 Packet Page -1496- 2/25/2014 16.E.12. eVO Q UA �w. February 18, 2014 Mr. Johnny Arteaga, III; Odor Control Specialist Collier County 10500 Goodlette Road Naples, FL 34109 E -mail: juanarteaga @colliergov.net RE: BIOXIDE® AND BIOXIDE® PLUS 71 PRICING Dear Mr. Arteaga: I would like to confirm to you that our name change from Siemens Water Technologies LLC to Evoqua Water Technologies LLC will not affect our business relationships in any way. We look forward to continuing our business relationship with Collier County now and into the future. I am pleased to confirm there are no changes to our current pricing for Bioxide® and Bioxide® Plus 71. The prices remain as follows: Product Current Price Bioxide® $2.17 al Bioxide® Plus 71 $3.22 al These prices will remain in effect through September 30, 2014 Terms and conditions of the existing full service contract shall apply. The above price does not include any applicable taxes. We wish to thank Collier County for your business. We look forward to continuing to be of service to the county. If you have any questions regarding this information or if we can be of assistance in any way, please do not hesitate to contact me at 941 - 928 -0453. Sincerely, Evoqua Water Technologies LLC Vaughan Harshman, P.E. cc: Mark Germer, Evoqua Charles Maltby, Evoqua 2650 Tallevast Rd. Tel: +1 (800) 345 -3982 Sarasota, FL 34202 USA Fax: +1 (941) 359 -7895 www.evoqua.co[r, Page 1 of 1 Packet Page -1497- 2/25/2014 16.E.12. eVOQUA February 18, 2014 Mr. Johnny Arteaga, III Odor Control Specialist Collier County 10500 Goodlette Road Naples, FL 34109 Email: juanarteaga @colliergov.net RE: VX 456® FOR BELT PRESS ODOR CONTROL Dear Mr. Arteaga: I would like to confirm to you that our name change from Siemens Water Technologies LLC to Evoqua Water Technologies LLC will not affect our business relationships in any way. We look forward to continuing our business relationship with Collier County now and into the future. I am pleased to confirm there are no changes to our current pricing for VX -456 ®. The price for full -load quantities (min. 40,000 lb.) is $0.94 per pound. The price for less than full load quantities is $1.29 per pound. This price will remain in effect through September 30, 2014. Evoqua Water Technologies is the sole provider of VX 456® solution for odor control for the wastewater industry. Terms and conditions of the existing full service contract shall apply. The above price does not include any applicable taxes. Thanks again for the opportunity to be of service to Collier County, Johnny. Please give me a call at 941 - 928 -0453 of you have any questions on this information or if I can be of assistance in any way. Sincerely, Evoqua Water Technologies LLC Vaughan Harshman, P.E. Technical Sales Representative Cc: Mark Germer, Evoqua Charles Maltby, Evoqua 2650 Tallevast Rd. Tel: +1 (800) 345 -3982 Sarasota, FL 34202 USA Fax: +1 (941) 359 -7895 www,evoqua.com Page 1 of 1 Packet Page -1498-