HomeMy WebLinkAboutDocumentation_Regular_Tab 07_11/13/2025 Agenda Item V.
Regular Council
A-1
STAFF MEMO
Meeting: Regular Council - Nov 13 2025
Staff Contact: Allyson Felsburg Department: Utilities
Consider Approval of Renewal Extension, Third Addendum with Evoqua Water Technologies, LLC for
Purchase of 50% Hydrogen Peroxide and Odor Control System Corrosion Control Services for FY26
The Utilities Department (UD) recommends approval of a renewal extension with Evoqua Water
Technologies, LLC (Evoqua), for 50% hydrogen peroxide (H2O2) and related maintenance services
for FY26. This is a proprietary/sole source purchase and includes the cost of maintenance for this
odor control system. The Agreement includes the lease of a bulk storage tank and associated
pumping equipment, as well as maintenance by Evoqua technicians, due to the unstable nature of the
chemical.
The source water from the upper Floridan aquifer contains hydrogen sulfide and the concentrate from
the reverse osmosis (RO) treatment plant is ultimately discharged into the intercoastal. To ensure
compliance with our FDEP concentrate discharge permit, hydrogen peroxide is used to oxidize the
hydrogen sulfide in the concentrate from the RO treatment process prior to discharge.
The Village uses approximately 125,000 pounds (lbs) of hydrogen peroxide per year, resulting in an
estimated annual expenditure in the amount of $70,100.00. Funding for this procurement is available
in the Water Fund Production Water Chemicals account 401-242-552.342.
The full piggyback agreement can be viewed by contacting the Utilities Department.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET INFORMATION: mod
BUDGET AMOUNT $428,435 AMOUNT AVAILABLE EXPENDITURE AMOUNT:
$757680 $70)100
FUNDING SOURCES: 401-242-552.340 IS THIS A PIGGYBACK:
❑x Yes ❑ N/A
Page 88 of 603
Agenda Item V.
DID YOU OBTAIN 3 QUOTES?
❑X Yes ❑ N/A
QUOTE 1 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 2 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 3 - BUSINESS NAME N/A QUOTE AMOUNT N/A
COMMENTS/EXPLANATION ON SELECTION Approval of Contract Renewal
ATTACHMENTS: --
1) 3rd Addendum to Ageement with Evoaua Chemicals Signed
Page 89 of 603
Agenda Item #7.
HYDROGEN PEROXIDE AND ODOR CONTROL SERVICES, WITH EVOQUA WATER
TECHNOLOGIES, LLC
'HIS'l"l fRD ADDENDUM i L LJ} , t� ilde.MI(I etltet•ed illto this 30th day of October ,2025,
effective irnm diatcly, by and between the Vill4age of T'e uesta,Florida,a 111111lieipal
c l•poration organized and existing its accordance Mill the laws of the State of lorida Mth
offices located at 'Fecluesta f i•ivc,'1'e uesta, Florida 33469,hereinafter referred to as the
"V iII age",acid Evoqua Water T clirioIogies, UC, a Del awa re eo1•)oration \v ith o ffi ces located
t 2650 Talle a t Toad, Sarasota,l'lorida 34243,authorized to do business within the state of Florida,
1i ere inafter re err d to a s the"Contra tor" and co I Iecti veIy the "11aities" , b tli of wliom agre e that the
current Agreement fox' Purchase.of iTydi•o e Pei-oxide and Odor ControI Services herelnafter the
"Agreement"), made and entered into by the Village and the Contractor on the 12"'day of.laiivary 2023 is
hereby aincrid d in the following mr-inner:
SECTION 1. The original agreement is li re y extended for the d1ird and final renewal term and shall
now expire on September "', .
SECTION . Article 2. Compensation is amended. Pricing shall now be jiunsuant to the prices provided
in the quote attached hereto as Exhibit A.
E TI ON 3. All Articles and paragraphs of the Agre mmit which are riot specifically mentioned iti (his
Amendment remain M full force and effect,
W11E R E FOR E, the parties have set their audiori zed si gnatures on [11 c dittos set fu a]i 11ex t to each.
ATTF,ST: VILLAGE OF TEQuEs'rA
Digitally signed by Jeremy Allen
Jeremy te:20 5.10.30 09 35 52-04'00'
Printed Name.jeremy Allen —
;,. OF ]`"� .,, Title: Villaae Manner _
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Page 90 of 603
Agenda Item #7.
1EXHIBIT A
evoQUA
WATER TECHNOLOGIES
October 17, 2025
Nathan Litteral
Water Plant Superintendent
Village of Tequesta
Tequesta, FL 33469
Office: (561) 768-0493
Cell: (561) 262-1084
Email: nlitteral(a-b-teguesta.orgg
RE: 50% HYDROGEN PEROXIDE FSOC PRICING -2025
VILLAGE OF TEQUESTA, FL
Evoqua Quote No. Q251017KM01
Dear Mr. Litteral:
Evoqua Water Technologies LLC would like to thank you for your business and continued interest in our
products and services.
Evoqua appreciates the opportunity to continue serving as your supplier for 50% hydrogen peroxide.
Beginning October 1, 2025, the delivered price for 50% hydrogen peroxide will be $0.5608 per pound,
which is effective through September 30, 2026. Applicable taxes are not included in this rate. We value
your partnership and remain committed to providing consistent quality, reliability, and support. As part of
your contract, the following items and services are included with the purchase of 50% hydrogen peroxide:
Equipment:
• 2,400-gallon single wall high density, cross-linked polyethylene bulk storage tank
• Tank monitoring system that is linked to Evoqua's Link2site.com website.
• Stainless steel dosing system with diaphragm pumps
Service:
• Once per month preventative maintenance
• Emergency service as required (technician is <2 hours away)
• Tank level monitoring for deliveries
• All repairs to equipment are the responsibility of Evoqua
The attached Evoqua Terms and Conditions are considered part of this notice and shall prevail.
Evoqua appreciates your business and support and looks forward to continuing to provide you the quality
products, services and lowest cost solutions in odor and corrosion control. If you have any questions,
comments, or if I can be of service to you in any way, please contact me at (561) 917-0251 or via email at
richard.sanchez(aD-xylem.com
Sincerely,
Evoqua Water Technologies LLC
XichardSanchez
Executive Sales— Utility Services
2650 Tallevast Road Tel: +1 (800)345-3982
Sarasota,FL 34243 USA Fax:+1 (941)359-7985 www.evoqua.com
Page 1 of 4
Page 91 of 603
Agenda Item #7.
STANDARD TERMS OF SALE
1. Applicable Terms. These terms govern the purchase and sale of equipment,products,related services,leased products,and media goods if
any (collectively herein "Work"), referred to in Seller's proposal ("Seller's Documentation"). Whether these terms are included in an offer or an
acceptance by Seller,such offer or acceptance is expressly conditioned on Buyer's assent to these terms.Seller rejects all additional or different terms
in any of Buyer's forms or documents.
2. Payment. Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation specifically
provides otherwise,freight,storage,insurance and all taxes,levies,duties,tariffs,permits or license fees or other governmental charges relating to the
Work or any incremental increases thereto shall be paid by Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse
Seller. If Buyer claims a tax or other exemption or direct payment permit, it shall provide Seller with a valid exemption certificate or permit and
indemnify,defend and hold Seller harmless from any taxes,costs and penalties arising out of same. All payments are due within thirty(30)days after
receipt of invoice. Buyer shall pay interest on all late payments not received by the due date.The Buyer shall be charged the lesser rate of 1 1/2%interest
per month or the maximum interest rate permissible under applicable law,calculated daily and compounded monthly.Buyer shall also reimburse Seller
for all costs incurred in collecting amounts due but unpaid, including without limitation,collections fees and attorneys'fees.All orders are subject to
credit approval by Seller.Back charges without Seller's prior written approval shall not be accepted.
3. Delivery. Delivery of the Work shall be in material compliance with the schedule in Seller's Documentation. Unless Seller's Documentation
provides otherwise,delivery terms are FOB Shipping Point, or for international orders, ExWorks Seller's factory(INCOTM Terms 2020).Title to all Work
shall pass upon receipt of payment for the Work under the respective invoice. Unless otherwise agreed to in writing by Seller, shipping dates are
approximate only and Seller shall not be liable for any loss or expense(consequential or otherwise)incurred by Buyer or Buyer's customer if Seller fails
to meet the specified delivery schedule.
4. Ownership of Materials and Licenses. All devices, designs (including drawings, plans and specifications), estimates, prices, notes,
electronic data, software, and other information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's
property. Seller grants Buyer a non-exclusive,non-transferable license to use any written material solely for Buyer's use of the Work. Buyer shall not
disclose any such material to third parties without Seller's prior written consent. Buyer grants Seller a non-exclusive,non-transferable license to use
Buyer's name and logo for marketing purposes,including but not limited to,press releases,marketing and promotional materials,and web site content.
5. Changes. Neither party shall implement any changes in the scope of Work described in Seller's Documentation without a mutually agreed
upon change order. Any change to the scope of the Work,delivery schedule for the Work,any Force Majeure Event,any law,rule,regulation,order,code,
standard or requirement which requires any change hereunder shall entitle Seller to an equitable adjustment in the price and time of performance. If
Buyer requests a proposal for a change in the Work from Seller and subsequently elects not to proceed with the change,a change order shall be issued
to reimburse Seller for reasonable costs incurred for estimating services,design services,and services involved in the preparation of proposed changes.
6. Force Majeure Event. Neither Buyer nor Seller shall have any liability for any breach or delay (except for breach of payment obligations)
caused by a Force Majeure Event. If a Force Majeure Event exceeds six(6)months in duration,the Seller shall have the right to terminate the Agreement
without liability,upon fifteen(15)days written notice to Buyer,and shall be entitled to payment,including overhead and profit,for work performed prior
to the date of termination. "Force Majeure Event" shall mean events or circumstances that are beyond the affected party's control and could not
reasonably have been easily avoided or overcome by the affected party and are not substantially attributable to the other party. Force Majeure Event
may include,but is not limited to,the following circumstances or events: war,act of foreign enemies,terrorism,riot,strike,or lockout by persons other
than by Seller or its sub-suppliers,natural catastrophes,(with respect to on-site work)unusual weather conditions,epidemic,pandemic,communicable
disease outbreak,quarantines,national emergency,or state or local order.
7. Warranty. Subject to the following sentence,Seller warrants to Buyer that the(i)Work shall materially conform to the description in Seller's
Documentation and shall be free from defects in material and workmanship and(ii)the Services shall be performed in a timely and workmanlike manner.
Determination of suitability of treated water for any use by Buyer shall be the sole and exclusive responsibility of Buyer, and Seller disclaims any
warranty regarding such suitability.The foregoing warranty shall not apply to any Work that is specified or otherwise demanded by Buyer and is not
manufactured or selected by Seller,as to which(i)Seller hereby assigns to Buyer,to the extent assignable,any warranties made to Seller and(ii)Seller
shall have no other liability to Buyer under warranty,tort or any other legal theory.The Seller warrants the Work,or any components thereof,through the
earlier of(i)eighteen(18)months from delivery of the Work,or(ii)twelve(12)months from Buyer's initial operation of the Work,or in the case of services
performed as part of the Work, ninety(90) days from the performance of the services (the "Warranty Period"). If Buyer gives Seller prompt written
notice of breach of this warranty within the Warranty Period,Seller shall,at its sole option and as Buyer's sole and exclusive remedy, repair or replace
the subject parts,re-perform the Service or refund the purchase price. Unless otherwise agreed to in writing by Seller,(i)Buyer shall be responsible for
any labor required to gain access to the Work so that Seller can assess the available remedies and (ii) Buyer shall be responsible for all costs of
installation of repaired or replaced Work.If Seller determines that any claimed breach is not,in fact,covered by this warranty,Buyer shall pay Seller its
then customary charges for any repair or replacement made by Seller. Seller's warranty is conditioned on Buyer's(i)operating and maintaining the Work
in accordance with Seller's instructions,(ii)not making any unauthorized repairs or alterations,and(iii)not being in default of any payment obligation to
Seller. Seller's warranty does not cover(i)damage caused by chemical action or abrasive material, improper thermal or electrical capacity,misuse or
improper installation(unless installed by Seller)and(ii)media goods(such as,but not limited to,resin,membranes,or granular activated carbon media)
once media goods are installed.THE WARRANTIES SET FORTH IN THIS SECTION ARE THE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE
SUBJECT TO THE LIMITATION OF LIABILITY PROVISION BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION,ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE.
8. Indemnity. Seller shall indemnify,defend,and hold Buyer harmless from any claim,cause of action,or liability incurred by Buyer as a result of
third-party claims for personal injury, death, or damage to tangible property,to the extent caused by Seller's negligence. Seller shall have the sole
authority to direct the defense of and settle any indemnified claim.Seller's indemnification is conditioned on Buyer(i) promptly notifying Seller of any
claim,and (ii) providing reasonable cooperation in the defense of any claim. Buyer shall indemnify, defend, and hold harmless Seller from any claim,
Evoqua Water Technologies - Standard Terms of Sale, rev. 7.2022
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Agenda Item #7.
cause of action, or liability incurred by Seller as a result of third-party claims for personal injury, death, or damage to tangible property,to the extent
caused by Buyer's negligence. Buyer shall have the sole authority to direct the defense of and settle any such indemnified claim. Buyer's
indemnification is conditioned on Seller(i)promptly notifying Buyer of any claim,and(ii)providing reasonable cooperation in the defense of any claim.
9. Assignment. Neither party may assign this Agreement, in whole or in part, nor any rights or obligations hereunder without the prior written
consent of the other party;provided,however,the Seller may assign its rights and obligations under these terms to its affiliates or in connection with the
sale or transfer of the Seller's business, and Seller may grant a security interest in the Agreement and/or assign proceeds of the agreement without
Buyer's consent.
10. Termination. Either party may,in addition to any other available remedy,terminate this agreement for a material breach upon issuance of a
written notice of the breach and expiration of a thirty(30) day cure period. In the event of(i) a voluntary or involuntary petition in bankruptcy, (ii) an
assignment for the benefit of a creditor,or(iii)a receivership,liquidation,or dissolution,Seller may terminate the agreement immediately,in addition to
seeking any other available remedy. If Buyer suspends an order without a change order for ninety(90)or more days,Seller may thereafter terminate this
Agreement without liability, upon fifteen (15) days written notice to Buyer, and shall be entitled to payment for work performed,whether delivered or
undelivered,prior to the date of termination.
11. Dispute Resolution. In the event of any claim,dispute,or controversy arising out of or relating in any way to this Agreement(collectively,a
"Claim"), Seller and Buyer shall first negotiate in good faith in an effort to resolve the Claim. If, despite good faith efforts, the parties are unable to
resolve a Claim through negotiations,the parties shall mediate the Claim in accordance with the commercial mediation procedures of the American
Arbitration Association ("AAA"),with such mediation to take place in Pittsburgh, Pennsylvania. If the parties are unable to resolve the Claim through
such mediation,then the Claim shall be resolved through final and binding arbitration pursuant to the commercial arbitration procedures of the AAA,
with such arbitration to take place in Pittsburgh,Pennsylvania before one arbitrator,who shall have authority to rule on ju risdiction over the Claim. Seller
and Buyer agree to the exclusive jurisdiction of the federal and state courts situated in Allegheny County,Pennsylvania for purposes of entering judgment
upon the arbitrator's award. The substantially prevailing party, as determined by the arbitrator, shall be entitled to recover all costs, expenses, and
charges, including, without limitation, reasonable attorneys' fees and expert witness fees, incurred in connection with the Claim. In case of an
Agreement under which Seller ships the Work outside of the United States, or under which Seller's and Buyer's places of business are in different
countries,any Claim which is not resolved by the good faith negotiations and mediation required by this Section shall then be determined by arbitration
administered by the International Center for Dispute Resolution in accordance with its International Arbitration Rules,with such arbitration taking place
in Pittsburgh,Pennsylvania,USA,before one arbitrator,with English as the language of the arbitration. This Agreement and any Claim shall be governed
by the laws of the Commonwealth of Pennsylvania,without giving effect to the choice of law principles thereof.
12. Export Compliance. All items, and technologies, software, and work products are controlled by the U.S. Government and authorized for
export only to the country of ultimate destination for use by the ultimate consignee or end-user(s)herein identified.They may not be resold,transferred,
or otherwise disposed of,to any other country or to any person other than the authorized ultimate consignee or end-user(s),either in their original form or
after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and
regulations. Any diversion contrary to U.S. law is prohibited. Buyer acknowledges that Seller is required to comply with applicable export laws and
regulations relating to the sale,exportation,transfer,assignment,disposal,and usage of the Work provided under this Agreement,including any export
license requirements. Buyer agrees that such Work shall not at any time directly or indirectly be used, exported, sold, transferred, assigned, or
otherwise disposed of in a manner which will result in non-compliance with such applicable export laws and regulations. It shall be a condition of the
continuing performance by Seller of its obligations hereunder that compliance with such export laws and regulations be maintained at all times. BUYER
AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS,LIABILITIES,PENALTIES,SANCTIONS AND FINES RELATED TO
NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS AND REGULATIONS.
13. Anti-Kickback Statute—Discounts. It is the intent of both Buyer and Seller to comply with the Anti-Kickback Statute (42 U.S.C. §1320a-
7b(b))and the Discount Safe Harbor and Warranties Safe Harbor regulations set forth in 42 C.F.R.1001.952(h)and(g),respectively. Buyer's price may
constitute a `discount or other reduction in price' under the Anti-Kickback Statute. Seller shall provide Buyer with invoices that fully and accurately
disclose the discounted price of all Products purchased under this Agreement to allow Buyer to comply with this Section and the Discount Safe Harbor
regulations, including sufficient information to enable it to accurately report its actual cost for all purchases of Products. Buyer acknowledges that,if
applicable, it will fully and accurately report all discounts or other price reductions, including warranty items, in the costs claimed or charges made
under any Federal or State healthcare program and provide information upon request to third party reimbursement programs, including Medicare and
Medicaid. Buyer will be solely responsible for determining whether any savings or discount or warranty item it receives must be reported or passed onto
payors.
14. Federal Program Participation. Seller represents and warrants that neither it nor any of its current directors,officers,or key personnel: (i)are
currently excluded, debarred or otherwise ineligible to participate in federal health care programs as defined in 42 U.S.C.§1320a-7b(f) (the"Federal
Healthcare Programs"); (ii)have been convicted of a criminal offense related to the provision of healthcare items or services during the last five (5)
years;or(iii)have been excluded,debarred or otherwise declared ineligible to participate during the last five(5)years in Federal Healthcare Programs.
Seller will notify Buyer of any change in the status of the representations and warranties set forth above.
15. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY
CONSEQUENTIAL,INCIDENTAL,SPECIAL,PUNITIVE OR OTHER INDIRECT DAMAGES,AND SELLER'S TOTAL LIABILITY ARISING AT ANYTIME FROM
THE SALE OR USE OF THE WORK, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ALL WARRANTY CLAIMS OR FOR ANY BREACH OR
FAILURE TO PERFORM ANY OBLIGATION UNDER THE AGREEMENT, SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE WORK. THESE
LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT,TORT,STRICT LIABILITY OR ANY OTHER THEORY.
16. Miscellaneous. These terms, together with any related Contract Documents issued or signed by the Seller, comprise the complete and
exclusive statement of the agreement between the parties (the "Agreement") and supersede any terms contained in Buyer's documents, unless
separately signed by Seller. No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer.No course
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Agenda Item V.
of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. To the extent the Agreement is
considered a subcontract under Buyer's prime contract with an agency of the United States government, in case of Federal Acquisition Regulations
(FARs) flow down terms, Seller will be in compliance with Section 44.403 of the FAR relating to commercial items and those additional clauses as
specifically listed in 52.244-6,Subcontracts for Commercial Items(OCT 2014). If any of these terms is unenforceable,such term shall be limited only
to the extent necessary to make it enforceable,and all other terms shall remain in full force and effect. The Agreement shall be governed by the laws of
the Commonwealth of Pennsylvania without regard to its conflict of laws provisions.Both Buyer and Seller reject the applicability of the United Nations
Convention on Contracts for the international sales of goods to the relationship between the parties and to all transactions arising from said relationship.
Only in the event that the Work contemplated in this Order is related to the provision of medical devices,the following additional terms apply:
17. Medical Devices Act and Regulatory Disclaimer. Buyer acknowledges that it is familiar with the U.S.Safe Medical Devices Act of 1990(the
"Devices Act")and the reporting obligations imposed on device users thereunder. In this regard,Buyer agrees to notify Seller within ten(10)days of the
occurrence of any event identified in the Devices Act imposing a reporting obligation on Buyer and/or Seller(except for events representing an imminent
hazard that require notification to the United States Food and Drug Administration (the"FDA")within seventy-two(72) hours (or such shorter time as
required by law), in which case,such notice will be delivered to the FDA and Seller within said period). Buyer will maintain adequate tracking for the
Products to enable Seller to meet the FDA requirements applicable to the tracking of medical devices. Although Seller has the required registrations,
approvals, and licenses (e.g., U.S. 510(k) pre-market notifications) for all or substantially all of its systems, the purchase of parts and system
components from Seller does not provide 510(k)compliance or compliance under any other law,rule or regulation for Buyer's system.
Only in the event that the Work contemplated in this Order is related to the provision of leased or rented equipment("Leased Equipment"),the
following additional terms apply:
18. Rental Equipment/Services. Any Leased Equipment provided by Seller shall at all times be the property of Seller with the exception of
certain miscellaneous installation materials purchased by the Buyer,and no right or property interest is transferred to the Buyer,except the right to use
any such Leased Equipment as provided herein. Buyer agrees that it shall not pledge, lend,or create a security interest in, part with possession of,or
relocate the Leased Equipment. Buyer shall be responsible to maintain the Leased Equipment in good and efficient working order.At the end of the
initial term specified in the order,the terms shall automatically renew for the identical period unless canceled in writing by Buyer or Seller not sooner
than three(3)months nor later than one(1) month from termination of the initial order or any renewal terms. Upon any renewal,Seller shall have the
right to issue notice of increased pricing which shall be effective for any renewed terms unless Buyer objects in writing within fifteen (15) days of
issuance of said notice. If Buyer timely cancels service in writing prior to the end of the initial or any renewal term this shall not relieve Buyer of its
obligations under the order for the monthly rental service charge which shall continue to be due and owing. Upon the expiration or termination of this
Agreement,Buyer shall promptly make any Leased Equipment available to Seller for removal.Buyer hereby agrees that it shall grant Seller access to the
Leased Equipment location and shall permit Seller to take possession of and remove the Leased Equipment without resort to legal process and hereby
releases Seller from any claim or right of action for trespass or damages caused by reason of such entry and removal.
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