3rd Amendment 08/17/2022 CPA Kevin Madok,
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Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATT: September 15, 2022
TO: Alice Steryou
Contract Monitor
FROM: Pmiicla G. Haiic(�,;6).'C.
SUBJECT: August 17" BOCC MeetJng
Attached is a copy of the lolloNVing item lor your limi(fling:
C7 3r(I Amendment to Agreement NVitli Advance \VaterTeclinology, Corp. to renew
the Clienilcal \VaterTes6ng mi(I. "Treatment Services contract for die diir(i renewal ol'one year and
to apply aCPI-1 T increase ol'7(ko. 'I'lic new monthly payment ainount is $1,440.85. Funding is Ad
Valorem.
Sliou](1 you leave aiiN, questions please feel Free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
THIRD AMENDMENT TO AGREEMENT FOR
CHEMICAL WATER TREATMENT AND TESTING SERVICES
MONROE COUNTY, FLORIDA
This Agreement is made and entered into this 17th day of Au ust, 2022, between MONROE
COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida 33040, and ADVANCE WATER TECHNOLOGY,
CORP.. ("CONTRACTOR"), a Florida corporation, whose principal address is 7880 NW 176 Street,
Hialeah, Florida 33015.
WHEREAS, the parties hereto did on September 16, 2015 enter into an Agreement for
Chemical Water Treatment and Testing Services, Monroe County (hereinafter "Original
Agreement"); and
WHEREAS, on August 19, 2020, the Board of County Commissioners ("BOCC") approved
the First Amendment to Agreement to renew the Original Agreement for the first of five (5) optional
one-year renewals and update certain contract provisions; and
WHEREAS, on August 18, 2021, the BOCC approved the Second Amendment to Agreement
to renew the Original Agreement for the second of five (5) optional one-year renewals, provided a
CPI-U adjustment, and updated certain contract provisions; and
WHEREAS, the County desires to amend Paragraph 45 of the First Amendment and to add a
paragraph in the Federal provisions; and
WHEREAS, the Contractor agrees and consents to such revisions in its Original Agreement,
as amended, to amend Paragraph 45 and update the Federal provisions; and
WHEREAS, the parties have found the Original Agreement, as amended, to be mutually
beneficial; and
WHEREAS, the parties find it would be mutually beneficial to amend its Agreement and
enter into this Third Amendment to Agreement;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set
forth below, the parties agree as follows:
1. In accordance with Paragraph 6, TERM OF AGREEMENT, of the Original
Agreement, as amended, the County exercises the option to renew the Original
Agreement for the third of the five (5) one-year terms. This renewal term of the Original
Agreement shall commence on September 11, 2022, and ends upon September 10,
2023, unless terminated earlier under paragraph 20 of this Agreement.
2. In accordance with Paragraph 6, TERM OF AGREEMENT, of the Original
Agreement, as amended, the Contract amount may be adjusted annually in accordance
with the percentage change in the U.S. Department of Commerce Consumer Price Index
(CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and
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shall be based upon the CPI-U computation at December 31 of the previous year. The
CPI-U on December 31, 2021, was 7%.
3. In accordance with Paragraph 4 A., ADDITIONAL SERVICES, of the Original
Agreement, as amended, Additional Services for normal working hours between
8:00am and 5:00 pm Monday through Friday, excluding holidays, shall increase from
$30.42 per hour to $32.55 per hour for a technician, and shall increase from $40.56 per
hour to $43.40 per hour for a technician and helper.
4. In accordance with Paragraph 4 B., ADDITIONAL SERVICES, of the Original
Agreement, as amended, Additional Services for emergency service calls (above four
per year) after the hours stated above, including holidays, shall increase from $40.56 per
hour to $43.40 per hour for a technician, and shall increase from $50.70 per hour to
$54.25 per hour for a technician and helper.
5. In accordance with Paragraph 5 D., PAYMENTS TO CONTRACTOR, of the Original
Agreement, as amended, the monthly fee for the listed buildings shall be increased
pursuant to the CPI-U increase of 7%, and thus Paragraph 5. D. is hereby amended as
follows:
D. The following buildings require monthly water treatment services.
Murray Nelson Government Center
102050 Overseas Highway, Key Largo, FL $ 189.87 per month
Monroe County Medical Examiner- Crawl Key
56639 Overseas Highway, Marathon, FL $ 43.40 per month
Harvey Government Center
1200 Truman Ave., Key West, FL $ 43.40 per month
Dept. of Juvenile Justice Building
5503 College Rd., Key West, FL $ 43.40 per month
Monroe County Sheriff Administration Building
5525 College Rd., Key West, FL $ 189.87 per month
Monroe County Detention Center on Stock Island
5501 College Rd., Key West, FL $ 596.74 per month
Jackson Square Complex
500 Whitehead St., Key West, FL $ 298.37 per month
Gato Building
1100 Simonton Street, Key West, FL $ 35.80 per month
Total per Month $ 1,440.85
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The total monthly service amount of the contract shall be One Thousand Four Hundred
Forty and 85/100 ($1,440.85) Dollars for an annual amount of Seventeen Thousand Two
Hundred Ninety and 20/100 ($17,290.20) Dollars. Total Compensation to
CONTRACTOR for additional services and repairs under this Agreement shall not
exceed Twenty-five Thousand and 00/100 ($25,000.00) Dollars per year unless pre-
approved emergency work requiring additional funds is implemented.
6. The Original Agreement, as amended, is hereby amended to include the following
identified as Paragraph 44, FEDERAL CONTRACT REQUIREMENTS, to include
the following Federal Required Contract Provision, as Paragraph 44.17, if applicable:
44.17 Energy Efficiency. CONTRACTOR will comply with the Energy Policy and
Conservation Act(P.L. 94-163; 42 U.S.C. §6201-6422) and with all mandatory standards
and policies relating to energy efficiency and the provisions of the state Energy
Conservation Plan adopted pursuant thereto.
7. Paragraph 45, of the Original Agreement, as amended, is hereby deleted and the
following paragraph is replaced in its entirety as Paragraph 45, which includes the
following Federal Required Contract Provisions, if applicable:
45. The CONTRACTOR is bound by any terms and conditions of the Federally-
funded subaward and Grant Agreement between County and the Florida Division of
Emergency Management.
8. Except as set forth in Paragraphs 1 through 7 of this Third Amendment to Agreement, in
all other respects, the terms and conditions set forth in the Original Agreement, as
amended, remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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WITNESS WHERE OF,the parties have hereunto settheir handsad seal,the day and year first
mJ tte fie,
BOARD OF COUNTY COIVIMISSIONERS
2 KE IN MADOK, CLERK F MONRO I.LfORIDA
alyw._�....................................... By ...............
As Deputy Clerk Mayor
Date
ADVANCE WATER TECHNOLOGY CORP.
........................................................___................___..__...................�..�_......................�___..............._..� _.. .. _...................................... __-
itness Signature Signature of person authorized to legally
bind corporation
Maria Secretary
...........................�.......____________.�.............................................
Morales,
Witness Printed Name Print Name and Title
...................�............................................................................................................................................................................................. . _....
Witness Signature
_............................... ...............................................................
Witness Printed Name
momRoE couNTY MORNEY'S OFFICE
D
PATRICIA EASM
ASS1STANTbMfORNV
.W..... ....................... ...........mm........................ ........ .................. ---------------------------------------mm ..... .. .mm
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