Backup Documents 04/24/2018 Item #16C 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 C 3
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management N/A N/A
2. County Attorney Office County Attorney Office C (5 !.}•25•VZ
4. BCC Office Board of County �S
Commissioners v/t 'f A\ZS\kt
4. Minutes and Records Clerk of Court's Office 1,13f cs a: lamt
5. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
one of the addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Barbara Lance Contact Information 239-252-8998
Contact/ Depat Intent
Agenda Date Item was April 24,2018 / Agenda Item Number 16C'3
Approved by the BCC 'V
Type of Document Amendment ,� / Number of Original �1"-
Attached �" Documents Attached
PO number or account N/A 17-7156 Evoqua Water qua Water
number if document is Technologies Sole Technologies
to be recorded Source
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK k J '0--
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be BL
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board _
5. The Chairman's signature line date has been entered as the date of BCC approval of the BL
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL
signature and initials are required. _
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 04/24/2018 and all changes made during
the meeting have been incorporated in the attached document. The County '��, # .
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for t a '
Chairman's signature.
1 6 C 3
MEMORANDUM
Date: April 26, 2018
To: Barbara Lance, Purchasing Tech
• Procurement Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Agreement #17- 7156 (authorizing a Sole-Source Waiver)
Contractor: Evoqua Water Technologies LLC
Attached, is an original copy of the contract referenced above, (Item #16C3)
approved by the Board of County Commissioners on Tuesday, April 24, 2018.
The second original contract has been held in the Minutes and Records Department
for the Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
1 6 C 3
FIRST AMENDMENT TO AGREEMENT
#17-7156
FOR
EVOQUA WATER TECHNOLOGIES SOLE SOURCE
THIS AMENDMENT, made and entered into on this day of /-1,0'
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 nuc ough are deleted; Words Underlined are added
Section 1. AGREEMENT TERM. is revised as follows;
* * * * *
1. AGREEMENT TERM. The Agreement shall be for a ene-(1) four (4) year period,
commencing on Date of Board award and terminating one (1-)four(4)year from that date
or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period
have been completed or terminated.
* * * * *
Page 1 of 3
First Amendment to Agreement#17-7156
1 6 C 3
* * * * *
EXHIBIT A
Fee Schedule
Product Pricing'
Bioxide® Plus 71 $ 3.38/gal
Aktivox® Full Truck $ 0.83/1b
Aktivox®Partial Load $ 1.18/1b
VX 456® Full Truck $ 0.94/lb
VX 456® 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 $0.92/1b
Aktivox®Partial Load $1.24/1b
VX 456® Full Truck $1.22/lb
VX 456®Partial Load $1.55/1b
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**
Page 2 of 3
First Amendment to Agreement#17-7156
1 b C3
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 CourtsBOARD OF SUN ' ' COIVIlVII S
COLLIE' O , • ' ',
By: in By: A(It
„ma
`� . dy Solis,Esq., hairman
Dated. _ ' 'f"
A�
(SE Hest as to Ci�a+r han?
signature only.
Contractor's Witnesses: CONTRACTOR:
Evoqu a er " nologies,LLC
-J-
First Witness Signature
Sheri Whalen Jennifer R. Miller, V.P.& G.M.
TType/print witness nameT TType/print signature and fillet
Second Witness 3/21/18
Date
Constance Curtis
TType/print witness nameT
Approved as to Form and Legality:
NOVA--114)-e
IZnt County Attorney
COI Iter M• &feen-e—
Print Name
i ern# SeL.__
Agenda ,__ i(4
Date ../Q`
Date
Rec d
ttyC
Page 3 of 3
First Amendment to Agreement#17-7156 [,
16C3
PVOQUA
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 • ial Officer
}`'1 :V t)l��1J
E1'd`t){J1''
1 6 C3
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.
)111111111111"-
enedict J. Sta
Chief Fi rl - ial Officer
16C3
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Andrew I. Solis Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY LICITY Cff COUNTY CIOTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED Collier County
April 24, 2018 MY POSITION IS: cif ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAB)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 88-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
.1603
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis ,hereby disclose that on April 24 20 18
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of a client of my law firm by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On April 24, 2018, the Board of County Commissioners will consider Agenda Item 16-C-3,a recommendation to
approve the First Amendment to Agreement#17-7156 and authorize a Sole-Source Waiver for a period of three
years for the purchase of Bioxide Plus 71,Aktivox and VX456 from Evoqua Water Technologies LLC.
Evoqua Water Technologies LLC, is a client of my law firm and in an abundance of caution, I will abstain from
voting pursuant to Section 286.012, Fla. Stat.,to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
April 24, 2018
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.