Professional Service Agreement between the CMB and Hydra Services, Inc. for the Purchase of Sulzer Brand Pump Equipment,Parts, Software, Services and related Items Docusign Envelope ID:2EFFA5F0-EOBE-4212-678C-A08EDAA6AD64
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PROFESSfONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
HYORA SERVICE (5), INC.
FOR
FOR THE PURCHASE OF SUL2ER BRAND PUMP EQUIPMENT, PAR7S,
SOFTWARE, SERVICES AND REIATED ITEMS, PURSUANT TO
RESOI.UTION NO. 2025-33660
9/30/2025� 11:01 EDT
This Professional Sorv�ces Agreement {"Agreement") is effectwe as of May 22, 2025("Effective
Date"), between the CITY OF MIAMI BEACH,FLORIDA, a municipal corporation organized and
existing under the laws of the State of Florida, having its pnncipal offices at 1700 Convention
Center Drive, Miami Beach, Florida, 33139 (the "Ciiy"), and HYDRA S�RVICE (S), INC., an
Alabama corporation,authorized to do business in Florida,whose address is 2104 5tate Highway
160, Warrior,Alabama 35180("Gontractor").
SECTION 1
pEFINITIONS
Agreemenl: This Agreement between lhe City and Consultant, including any exhibits
and amendme�ts thereto.
C�ty Manager The chief�dmin�strative o�ce�oi the City
C►iy Manager's
Desigpee: 7he City staff member who is designated by the City Manager to administer
this Agreement an behali of the City.l'he City Manager's designee shall be
the Public Works Department Director.
Consultant: For the purposes of this Agreement, Consultant shal( be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consuitant performed or undertaken
pursuant to the Agreement.
Fee� Amount paid to the Consultant as compensation for Services.
Risk Managec 7he Risk Manager of lhe City, with o�ces at 170� Convention Genter
Drive, Third Floor, Miami Beach, Flonda 33139; telepho�e number (305)
673-7000, Ext. 6435; ancS fax number{305)673-7Q23.
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SECTION 2
SCOPE OF SERVtCE3
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide
the work and services described m Exhibit A hereto(the `Services").
Although Consultant may recewe a schedule of the available hours to provide its Services, the
City shall not control nor have the right to control the hours of the Services performed by the
Consultant;where the Services are performed(although the City will provide Consultant with the
appropriate location to perfprm the Services); when the Servlces are performed, including how
many days a week the Services are performed; how the Services are performed, or any other
aspect of the actual manner and means oi accomplishing the Services provided. Norivithstanding
the foregomg, all Senrices prov�ded by the Consultant shall be performed in accordance with the
terms and conditions set forth in Exhibit A and to the reasonable satisfaction of the City Manager
If there are any questions ragarding the Services to be performed, Consultant should contact the
following person.
Lys Oesir
Public Works Department
City of Mlami Beach
451 Dade Boulevard
Miami eeach, Ho�ida 33139
2.2 ConsultanYs Services, and any deliverables incident thereto, shall be completed m
accordance wlth the timeline andlor schedule in the rQlevant Purchase Order (detined in Exhibit
A hereto).
SECTION 3
TERM
The term of this Ag�eement("Term")shall commence on the Effective Date and shalf continue for
a period of five (5) years, unless earlier terminated in accordance with the provisions ot this
Agreemeni.
Notwithstanding the Term provided herein, Consultanl shall adhere to any specific timelines,
schedules, dates, andJor performance milestones for comp�etion and delivery oi the Services, as
same is/are set forth in the timeline and/or schedule provided in the relevant Purchase O�der.
SECTION 4
FEE
4.1 The purchase of the products and costs of related Service(s) shall not exceed the amount
appropriated annually for these products through the City's budgeting process, comrnencing upon
lhe execution of this Agreement by alt parties hereto.
4.2 During the Term, Contractor shall provide the City with a discount towa�d the price of the
Products covered in this Agreement,as more particularly set torth in Exhibit A hereto.Additionally,
during the term, the prices for Products and Pr�duct Related Services as set Forth in Exhibit A
hereto shall remain fixed.
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4.3 INVOICING
Upon receipt oI an acceptable and approved invoice, paymeni(s)shall be made within forty-five
(45) days for that portion (or those portionsj of the Services satistactorily rendered (and
referenced in the particuiar invoice).
Invoices shall include a detailed description of Ihe Services (or portions thereof� provided, and
shall be submitted to the City at the fotlowing address:
Accounts Payable Division
Finance Departmerrt
City of Miami Beach
fT00 Convention Center Drive, 3"'Floor
Miami Beach,Florida 33139
Email: accountspayable�miamibeachfl.gov 2
Invoices not containing a Purchase Order Number(PO No.), or containing an incorrect PO No.,
shall not be approved for payment.
SECTION 5
TERM{NATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fai(to fulfill in a timely manner,or othenvise violates, any of the covenants,
agreements, or stipulations material to this Agreement, the City, through its City Manager, shall
thereupan have the right to terminate this Agreement for cause Prio�to exercising its option to
terminate for cause, the City shall notify tho Consultant of its violation af the particular term(s)of
this Agreement, and shall grant Consultant ten (10) days to cure such detault. If such deFault
remains uncured after ten(10)days,the City may terminate this Agreement without further notice
to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities,
duties, and terms arising out of, or by virtue of,this Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages
sustained by the City for any breach of the Agreement by the Consultant. The City, at its sole
option and discretion,shall be entitied to bring any and all legal/equitable actions that it deems to
be in its best interest in order to en(orce the City's rights and remedies against Consultani. The
City shall be entitled to recove�all costs of such actions, including reasonable attorneys'fees.
5.2 TERMINATIC}N FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CtTY MANAGER, AND FOR IT5
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGRE£MENT AT ANY
TIME DURING TNE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT UF SUCH
' 7ERMINATIUN; WHICH SHALI BECOME EFFECTIVE WITHIN THIRTY (30j DAYS
FOLLOWING RECEIPT BY THE CONSUITANT OF SUCH NOTICE. ADDI710NALLY,
IN THE EYEN7 OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS
DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE
DISCRETtON, THE CITY MANAGER, PURSUANT TU A VERBAL OR WRITTEN
NOTIFICATION 7� CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES
UNDER THIS AGREEMENT FC1R A TIME CERTAIN, OR IN THE ALTERNATIVE,
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TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS
TERMINATEO FOR CONVENIENCE BY TNE CITY, CONSULTANT SHALL BE PAID
FOR ANY SERVICES SATISFACTORI�Y PERFORMED UP TO THE DAYE OF
TERMINATION; �OLLOWING WHICH THE CI'fY SHALL BE DISCHARGED FROM
ANYAND ALL LIABfLITIES,DUTIES,AND TERMS ARI3ING OUT OF,OR BY VIRTUE
OF, THtS AGREEMENT.
5.3 "fERMINATION F�R INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Consultant is placed
either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors.
In such event, the right and obligations for the pafties shall be the same as provided for in
Sectio�5.2.
SECTION 6
INDEMNIFtCATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATIaN
Consultant agrees to indemnify, defend and hold harmless the City of Miami Beach and its
o�cers, employees, agents, and contractors, from and against any and a!i actions (whether at
Iaw or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to
propeRy,which may arise or be alleged to have arisen from the negligent acts,errors,omissions
or other wrongful conduct of the Consultant, its officers, employees, agents, contracto�s, or any
other person or entity acting under ConsultanYs control or supervision, in connection with,related
to,or as a result of the Consultant's performance of the Services pursuant to this Agreement. To
that extent, the Consultant shali pay all such claims and losses and shall pay all such cosis and
judgments which may issue (rom any lawsuit arising from such claims and losses, and shall pay
all costs and attorneys' fees expended by lhe City in the defense of such claims and losses,
including appeals. The Consultanl expressly understands and agrees that any insurance
protection required by this Agreement or othenvise provided by the Consultant shall in no way
limit the ConsultanYs�esponsibility to indemnify, keep and save harmless and defend the Gity or
its o�cers, employees, agents and instrumentafities as herein provided.
The parties agree that one percent(1%)of the total compensation to Consuftant for performance
of the Services under this Agreement is the specific consideration from the City to the Consultant
for the Consultant's indernnity agreement. The provisions of this Section fi.1 and of this
indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Cansultant shall maintain and carry in full force during the Term, the foltowing insurance:
1. Consultant General Liability, in the amount af$1,000,000;
2. Worlcers Compensation&Employers Liability, as required pursuant to Florida Statutes;
3. Auto Liability Insurance, in the amount of$1,000,000.
4. Professional Liability, in the amount of$1,000,000.
The insurance must be furnished by insurance companies authorized to do business in the State
of Florida. All insurance policies must be issued by comparnes rated no less than "A" as to
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management and not less than "Class VI"as to sUength by the latest edition ot Best's Insu�ance
Guide, published by A.M. Best Company.
Time�y renewal certificates will be provided to the City as coverage renews. The insurance
cenificates for General Liability shafl include the City as an additio�al insured and shaN contain a
waiver of subrogatiart endorsement.Cansultant's insurance shall be primary and not contributory
for direct claims arising out of the Agreement under the Commercial General Liability policy. If the
Professional Liability coverage is provided o� a claims made basis, the� such insurance shall
continue for(3)years following the expiration or termination of the Agreement.
Original certificates of insurance must be submitled to the City's Risk Manage�for approval(prior
to any work and/or services commencing)and will be kept on file in the Office af the Risk Manager.
Tt�e City shall have the right to obtain from the Consultant specimen copies of the insurance
policies in the event that submitted certificates of insurance are inadequate to ascertain
compliance with required coverage.
The Consultant is alsa solely responsible for obtaining and submitting all insurance certifiCates
for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and
obligatio�s under khis section or under any other portion of this Agreement.
The Consultant shall not commence any work and ar services pursuant to this Agreement until all
insurance required under this section t�as been obtained and such insurance has been approved
by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shaN be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and i(legal action is necessary
by either party with respect to the enforcement of any or all ot the terms or conditions herein,
exctusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By ente�ing
into this Agreement. Consultant and the City expressly waive any rights either party may have to
a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION F CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City of
this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.
Consultant hereby expresses its willingness to enter into this Agreement wiih Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of$10,000 for any action or claim for b�each of conlract arising out of the performance or
non-performance of any obligations imposed upon the City by this Agreement.
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tVothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the timitation piaced upon tha City's liability, as set forth in Section 768.28, Florida
Statutes.
SECTION 9
pUTY OF CAREICOMPLIANCE W17H APPLICABLE LAWSlPATENT RIGHTS� COPYRIGHT•
ANQ CONFtbENTIAL FIMDlMGS
9.1 DUTY OF CARE
With respect to the per(ormance of fhe Services cantempfated herein, Consultant shatl exercise
that degree of skiil, care, e�ciency and d+ligence normally exercised by reasonable persons
and/or recognized professionals with respect to the performance of comparable work and/or
services.
9.2 COMPLtANCE WtTH APPLiCABLE LAWS
In its performance of the Services, Consultant shall comply with all applicable laws, ordinances,
and regulations of the City, Miami-Dade County,the State oi Florida,and the federal government,
as applicable.
9.3 PATENT RIGHTS; COPYRIGHT;CONFlDENTlAL FtNDINGS
Any work product arising out of this Agreement, as well as all information specifications,
processes, data and findings, are intended to be the property of the Cily and shafl not otherwise
be made public andlor disseminated by Consultant, without the prio�written consent of the City
Manager, excepting any information, records etc. which a�e required to be disclosed pursuan(ta
Gourt 4rdar andlor Florida Public Records Law.
All reports, documents, articles, devices, andlor work produced in whole o� in part under this
Agreement are intended to be the sole a�d exclusive property of the City,and shall not be subject
to any application for copyright or patent by or on behalf of the Consultant or its employees or
sub-consultants,without the prior written consent of ihe City Manager.
SECTION 10
GENERAL PROVISlONS
10.1 AUDIT AND INSPECTIONS
Upon reasonabte verbal or written notice to Consultant,and at any time during normal busrness
hours ji.e. 9AM—SPM, Monday through Fridays,excluding nationally recognized hoNdays), and
as often as the City Manager may, in his/her reasonable discretion and judgment, deem
necessary, there shall be made available to the City Manager, and/or such represe�tatives as
the City Manager may deem to acf on the City's behalf, to audit, examine, and/or inspect, any
and al� other documents and/or records relating to all matters covered by this Agreement.
Consuiiant shall maintain any and all such records at its place af business at the address set
forth in the"Notices"section of this Agreement.
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14.2 INSPECTQR GENERAL AUDIT RIGNTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has estabiished
the Office of the Inspector General which may,on a random basis,perform reviews,audits,
inspecGons and investigatians on ail City cont�acts, throughout the dutation of said
cantracts. This random audit is separate and distinct fram any other audit pe�iarmed by
or an b�haif of the City.
(B} The C?ffice of the Ins{�ector General is authorized to inveskigate City affairs and
empowered to review past, pres�nt and proposed City programs, accounts, records,
contraGs and transactions. In addition, the Inspector General has the power to subpoena
witnesses,administer oaths, require tha production of wilnesses and monitor City projects
and programs. Monitoring of an existing City project ar program may includs a report
concerning whether the praject is an time, within budget and in conformance with the
contraet documents and applicable law. The Inspector General shall have the power to
audit,investigate,monitor,aversee,inspect and review operations,activities,perfarmance
and prvcurement process including but not limited to project design, bid specifications,
(bid/praposal}submitta{s, activities af the Consultant, iEs officers, agents and empfoyees,
fobbyists,Cily staff and elect�d o�cials to ensure compliance with the contract documents
and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City
is allocating a percentage of its overall annual contract expenditures to fund the activities
and aperations af the Office of Inspector General.
(Cj llpan ten (10) days wriiten natice to ihe Consu(tant, the Co�suliant shall make all
requested records and documents available to tMe Inspector General for inspectfon and
copying. The Insp�ctor General is empowered to relain the services of independent
private sectar auditars to audit, investigate, manitor, overses, inspect and review
operatians activities, performance and procurement process including but not limited to
p�oject desig�, bid specifications,(bid/preposal)subrn+ttals, activities of the Cansultant its
oKeers, agents and employees, lobbyists, City staff and slected otficials to ensure
compliance with the contract documents and to detect fraud and corruption.
(n} The Inspectar Generaf shall have the right to inspect and copy all documents anci records
in the Consultant's possession, custady or conirol which in the Inspector Generaf's sole
judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change order estimate files, worksheets, propasals and agreements from
and with successful subcontractors and suppliers, all project-related correspQndence,
memoranda, instructions, financial documents, construction documenis, {bidlproposal)
and contract documents, back-change documents, all documents and records which
involve cash, trade or volume discounts, i�surance proceeds, rebates, or dividends
rece3ived, payroll and personnel records and support+ng documentation for the af4resaid
documents and records.
(E) The Consultani shall make available at its affice at all reasonable times the reco�ds.
materEals,and other evidence regarding the acquisition(bid preparation}and perfortnanc,e
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of this Agreament, for examination, audit, or reproduction, until three(3)years after final
payment under this Agreement or for any longer period required by statute or by other
clauses of this Agreement. In addition:
i. 1f this Agreemant is complstely or parlially lerminated, the Consultant shall make
av�ifab(e recoMs relating to the work terminated until three (3) years after any
resulting fina! termination settleme�t; and
ii. The Consultant &hall make available records relating to appeals ar to litigatio� or
the settlement of claims ansing under or relaUng ta this Agreement until such
appeals, litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Gonsultant,its o�cers,agents,employees,
subcontractars and suppliers. The Cansuftant shall ineorporate the provisions in this
secti�n in all subcontracts and all other agreements executed by the Consultant in
connection with the performance of this Ag�esment.
(G) Nathing in this sectian shall impair any independent right to the City to canduct audits or
investigative aciivities. The provisions of this seclion are �either intended nor shall they
be construed ta impose any liability on the Gity by the Consuftant or third parties.
10.3 ASSIGNMENT TRANSF�R OR SUBCONSUl.71NG
Consultant shall nat subcantract, assign,or transfer all or any portion of any wo�k and/or service
under this Ag�eement withaut the priar written consent of the City Manager, which consent, if
given at ali,shafl be in the Manager's sola judgment and discretiQn. Neither this Agreement, no�
any term or provision he�eof, or right hereunder, shall be assignable unless as approved
pursuant to this seclion, and any attempt to make such assignment(unless approved)shall be
void.
10.4 PUBUC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a 5tate of Florida Form PUR
7Q68, Sworn Statement under 5ection 287.133(3){a)Flonda Statute on Public Entity Crimes with
the City's Procurement Division.
10.5 NO DISCRIMINATION
In cannection with the performance of the Sernces, the Consultant shaN nat exclude from
participation in,deny the benefits of,or subject to discriminabon a�yone on lhe grounds�f race,
color, national arigin, sex,age, disabiiity, religion, mcome or family status.
Additio�ally, Gonsultant shall comply (ully with the C�ty af Miami Beach Human Rights
Ordinance, codified in Chapter 62 of tfie Gity Code, as may be amended trom tirne to time,
prohibiting discriminatir�n in employment (including independenE contrac#ors}, housing, public
accommadations, public services,and in connection with its membership or policies because of
actual or perceived race, color, naiional origin, refigion, sex, intersexuality, gender identity,
sexual onentation, marital and familial status, age, d�sabiltty, ancestry, height, weight, hair
texture and/or hairstyle, domestic partner status, la�or organizat'son membership, tamilial
situation, or potitical affiliatian.
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'lQ.6 CONFLICT 4F INTEREST
Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County
Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County
Code,as may be amended from time to time;and by the City of Miamf Beach Charter and Code,
as may be amended from fime to time; both oF which are inco�porated by reference as if fully set
forth herein.
Consultant covenants that it presently has no inlerest and shall not acqui�e any interest,dmectly
or indirectly,which could con(lict in any manner or degree with the performance of the Seroices.
Consultant further covenants that in the performance of this Agreement, Consultant shall not
employ any person having any such interest.
10.7 CONSULTANT'S COMPLtANCE WITH FL,ORIDA PUBI.IC RECORDS LAW
(A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida
Statuies, as may be amended from time to time.
(B) The term "public records"shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, leriers, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ardinance
or in cannection with the transaction of official business of the City.
(C) Pursuant to Section 119.0701 af the Florida Statutes,if the Consultant meets the definition
of"Contractor"as defined in Section 119.0701(1xa), the Consultant shall:
(1) Keep and maintain public records required by the City to perform the service;
{2) Upon request from the City's custodian of public reco�ds, provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that dces not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
(3) Ensure that public recards that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as aulhorized by law,
for the duration af the contract term and following completion of the Agreement if
the Consultant does not transfer the records to the City;
(4) Upon comPletion of the Agreament, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. lf the Consultant transfers all public
records to the City upon completion of the Agreement,the Consultant shall destroy
any duplicate public records lhat are exempt or confidential and exempt from public
records disclosure requirements. If the Consultant keeps a�d maintains public
records upon completion of the Agreement, the Consultant shall meet all
applicable requirements for retaining public records. All records stored
electronically must be p�ovided to the City,upan request from the City's custodian
of public records, in a format that is compatible with the information technology
systems of the City.
(D� REQUEST FOR RECORDS; NONCOMPLIANC�.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notiiy the Consultant of the request,
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and the Consultant mus!provide the records to the City or allow khe records to be
inspecled or copied within a reasonable time.
(2) Consultant's failure to comply with lhe City's request for records shali constitute a
breach of this Agreement, and the City, at its sole discretion, may (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3j avail itself of any available remedies at law or in eQwty
(3) A Consultant who fails to provide the public records to the City within a reasonable
time may be subject to penalties under s. 119,1 U
(E) CIVlL ACTION.
(1) If a civil action is fited against a Consultant to compel production of public records
relating to the City's contract for services,the court shall assess and award against
the Consullant the reasonable costs of enforcement, includ�ng reasonabls
attorneys'fees, if:
a. The couR determines that the Consultant unlawtully refused to comply with
the pubfic records request within a reasonable time; and
b. At least 8 business days before filing the act�on, the ptamtifi prowded writien
notice ot the public recoMs request,including a statement that the Consultant
has not complied with the request, to the City and to the Consultant.
(2) A notice complies with subparagraph (1 xb) if it is sent to the City's custodian of
putalic �ecords and to the Consultant at the Consultant's address listed on its
contract with the City o� to the Consultant's reg�stered egent Such notices must
be sent by comman carrier delivery service or by reg�stered, Global Express
Guaranteed,or certified mail,with postage or shipping paid by the sender and wlth
evidence of delivery,which may be in an elsctrornc format
(3) A Consultant who complies with a public records request w�thin 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement
�F� IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPL.ICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS
TO THE CONSULTANT'S DUTY TO PROVlDE PUBLIC RECORDS
REL.ATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECURDS AT:
CITY QF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTI4N CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: R.AFAEIGRANADOCaaMIAMIBEACHFL.GOV
PHONE: 305-673-7411
10.8 FURCE MAJEURE
(A) A"Force Ma�eure" event is an event that{i) m fact causes a delay in lhe per(ormance of
the Consultant or the City's obHgations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligalion, and (iii) is not due to an
intentional act, error, omiss�on, or negligence o( such party, and (iv) could not have
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reasonably been foreseen and prepared for by such pa�ty at any tlme prior ta the
occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, f+res, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent pe�tormance. Force Majeure shal! not include technologicai impassibility,
inclement woather, or failure to secure any of the required permits pursuant to the
Ag�eement.
(B} If the City or Consultant's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately,upon
learning of the occurrence o(the evant or of the commencement oF any such delay, but In
any case within fifleen(15) business days thereof, provide notice: (i)of the occurrence of
event of Force Majeure. {ii) ot the nature of the event and the cause thereoF, (i�i) of the
anticipated impact on the Agreement,(iv)ot the anticipated period of the delay, and(v)af
what course of action such party plans to take in order to miligate the detrimental effects
of the event. The timely delivery of the notice of the occurrence of a Force Ma�eure evenf
is a condition precedent to allowance of any relief pursuant to this section, hawever,
receipt of such nolice shall not constitute acceptance that the event claimed to be a Force
Majeure event is in fact Force Majeure, and the burden oi proof of the occurrence of a
Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obligations under ihe Agreement
during a period when such party is rendered unable, in whole or in part, by Force Majeure
to carry out such obligations. The suspension of any of the obligations under this
Agreement due to a Force Majeure event shall be o( no greater scope and no longer
duration than is required. The party shall use its reasonable best efforts to continue to
perform its abligations hefeunder to the extent such obligations are not affected or are
only partially affected by the Force Majeure event, and to correct or cure the event or
condition excusing pertarmance and otherwise to remedy its inability to perform to the
extent its inability to perform is the direct result of the Force Majeure event with all
reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a result
o( such occurrence unless such occu�rence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence o(a Force Ma�eure event shall not be subject to the
Force Majeure provisio�s.
(E) Nolwithstanding any other provision to the contrary herein, in the event of a Force Majeu�e
occurrence, the City may, at the sole discretion of the City Manager, suspend ihe City's
payment obligations under the Agreement,and may take such action without regard to the
notice requirements herein. Additionally, in the event that an event of Force Majeure
delays a party's performance under the Agreement tor a time period greater than thirty
(30) days, the City may, at the sole discretion of the City Manager, terminate the
Agreement on a given date, by giving written notice to Consultant of such terminalion. If
the Agreement is terminated pursuant to this section, Consultant shall be paid for any
Services satisfacto�ily performed up to the date of termination; following which the City
shall be discharged trom any and all liabilities,dut�es, a�d terms arising out oi,or by virtue
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of,this Agreement. !n no eveM will any condition oF Force Majeure extend this Agreement
beyond its stated lerm.
10.9 E-VERIFY
{A) To the extent that Consultant provides labo�, supplies, or services under this Agreement,
Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility'
("E-Verify Statute"), as may be amended from time to time. Pursuant to ihe E-Verify
Statute, commenci�g on January 1, 2021, Consultant shall register with and use the E-
Verify system to veri(y the work authorization status vf all newly hired employees during
the Term of the Agreement. Additionally, Consultant shall expressly require any
subconsultant pertorming work or providing services pursuant to the Agreement to
likewise utilize the U.S. Oepartment of Homeland Secu�ty's E-VerHy system to verify the
employment eligibility of all new employees hired by the subconsultant. If Consultant
enters into a contract with an approved subconsultant,the subconsultant must provide the
Consultant with an affidavit stating that the subconsultant does not employ, contract with,
or subcontract with an unauthorized alien. Co�sultant shall maintain a copy of such
a�davit for the duration of this Agreement or such other extended period as may be
required unde�this Agreernent.
(B} TERMINATION RIGHTS.
(1) If the Cily has a good fafth belief that Consultant has knowingly violated Section
44$.09(1), Flarida Statutes,which prohibits any person from knowingly employing,
hiring, recruiting, or referring an a(ien who is not duly authorized to work by the
immigrat�on laws o� the Attomey General of the Uniled States, the City shall
terminate this Agreement with Consultant for cause, and the City shall thereaKer
have or owe no further obligation or tiability to Consultant.
(2) If the City has a good faith belief that a subconsultant has knowingly violated the
foregoing Subsection 10.9(A), but the Consultant othennrise complied with such
subsection, the City will promptly notify the Consultanl and order the Consultant to
immediately terminate the contract with the subconsultant. Consultant's failure to
teRninate a subconsultant shall be an event of defaull under this Agreement,
entitling City to terminate this Agreement for cause.
(3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in
breach of conlract and may not be considered as such.
(4) The Cily or Consultant or a subconsultant may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection (B}(1)or
{B}{2} no later than 20 calendar days after the datQ on which the contraci was
kerminated.
(5j If !he City terminates the Agreement with Consultanl under the foregoing
Subsection (B)(1), Consultanl may not be awarded a public contract for at least 1
year after the date of tercnination of this Agreement.
(6) Consultant is liable for any additional costs incurred by the City as a result of the
termination of this Ag�eement under this Sectlon 1�.9.
10.10 CUNSULTANT'S COMIPLIANCE WITH ANTI-NUMAN TRAFFICKING LAWS
Consultant agrees to comply with Section 787.06, Florida 5tatutes,as may be amended from time
to time, and has executed the Anti-Human Trafficking Affidavit, containing the certification of
compliance with anti-human tra�cking laws, as required by Section T87.06(13). Florida Statutes.
a copy of which is attached hereto as Exhibit B.
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10.11 PRUHIBITION QN CONTRACTING WiTH A BUSINESS ENGAGING IN A BOYCOTT
Consuitant warrants and represents that it is not currentfy engaged in, and will not engage in, a
boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1{2}(a)
of the City Code, Consultant hereby certifies that Consultant is not currently engaged in, and For
the duration of the Agreement, will not engage in a boycott of Israel.
10.12 PROHIBITION�N CONTRAC7ING WITH AN INDIVIQUAL OR ENTITY WHIGH HAS
PERFC?RMEO SERYICES FOR COMPENSATION TO A CANDIDATE FOR CITY
ELECYEO OFFICE
Consultant warrants and rep�esents that, within hva (2} years prior to the Effective Date,
Consultant has not received compensation far services performed for a candidate for City elected
office, as contemplated by the prahibitions and exceptians of Section 2-379 of the City Code.
For the avoidance of doubt, the restrictions on contracting with the City pursuant to Seclion 2-
379 of the City Code shall not applv to the following: ,
{a) Any individual or entity that provides goods to a candidate for office.
(b) Any ind+vidual or entity that provides services to a candidate for office if those same
services are regularly perfarmed by the individual or entity in the ordinary course of
business for clients or customers other than candidates for affice_ This includes,without
iimitation, banks, telephone or internet service p�oviders, printing companies, event
venues, restaurants, caterers, transportation providers, and office supply vendors.
(c) Any ind+vidual or entity which performs licensed professional services (mcluding for
exampfe, legal or accounting services).
10.13 PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF
CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATIQN
MAY BE AGCESSED INOTE: ONLY INCLUDE IF APPLICABLE]
Consultant hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended
from time to time, which states that as o(January 1, 2024,a governmental entity may not accept
a bid on,a proposal for, or a reply to,or enter into,a contract with an entity which would grant the
entity access to an individual's personal identifying information (PII), unless the entity provides
the governmental antity with an affidavit signed by an o�cer or representative of the entily under
penalty of perjury attesting that the entity doss not meet any of the criteria in Paragraphs 2(a}-(c)
of Section 287.138, Florida Siatutes:{a)the entity is owned by a government of a foreign country
o{ concern; (b) the government of a foreign country of concern has a controlling interest in the
entity; or(c) the entity is organized under the laws of or has its principal place of business in a
foreign country of concem(each a"Prohibited EnUty"). A foreign country of concern is defined in
Sectfon 287.138(1)(c), Florida Statutes, as may be amended from time to time, as the People's
Republic of China,the Russian Federation, the Islamic Republic oi Iran, the Democratic People's
Ftepublic of Korea,the Republic of Cuba,the Venezuelan regime of Nicolas Maduro,or the Syrian
Arab Repubiic, including any agency of or any other entity af s�gnificant controt of such foreign
country of concern. Additiona{ly, beginning July 1,2025, a governrnental entity may not extend or
renew a contract with a Prohibited Entity. Consultant warrants and represents that it does not fall
within the definition ot a Prohibited Entity, and as such, has caused an authorized representative
of Consultant to execute the"Prohibition Against Contracting with Entities of Foreign Countries of
Concern Affidavit", incorparated herein by reference and attached hereto as Exhibit C.
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s+�cr�oN ��
NOTICES
AN notices and communicatians in writing required or perm�tted hereunder, shall be delivered
persona(ly to the representalives of the Cansuitant and the City listed below or may be mailed
by U.S. Certified Mail, return receipt requested, postage prepaid, w by a�ationaily�ecognized
overnight delivery service.
Unti!changed by natice, in writing,ali such notiees�nd commu��ications shall be addressed as
faElows:
TO CONSt1lTANT: Hydra Service(S), inc.
250 Sp�ingview Commerce Dr.
Debary, Flonda 32713
Attn: , eneral Manager
TO CITY: City an g�rs icer��
City of Miaml Beach
1700 Convention Cente�Orive
Miami Beach, Florida 33139
With a copy to
Publie Works Department
City of Miami Beach
451 Dade Boulevard
Miami Beach, Florida 33139
Notice may also be provided to any other address designated by the pa�ty io receive notice if such
altemate address is provided via U.S. certified mail, retum receipt requested, hand delivered,t�r by
ovemight delivery. In the event an altemate notice address i&properly provided,notice shall be sent
to such alt�arnate address in addition to any other address which notice would otherwise be sent,
unless other delivery instruction as specificaqy provided far by the pa�ty entiUed to notice.
Notice sha(1 be deemed given on the date of an acknowledged receipt, or, in all ather cases,on the
date ot receipt or refusal.
S�CTIUN 1Z
MISCELLANEQUS PRC?VISIONS
12.1 CHANGES AND ADpITtQNS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless cantAin�d in a written document executed with the same formality and at
equal dignity herewith.
12.2 �EVERABl�ITY
If any term or provision af this Agreement is held invalid or unenforc�able, the remainder of this
Agreement shall not be affected and every ather tarm and provisian of this Agreement shall be
valid and be enforced to the fullest extenk permitted by law.
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12.3 WAIVEft OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
p�ovision or modification of this Agreement. A party's waiver of any breach of a provision of lh�s
Agreement shafl not be deemed a waiver of any subsequent breach and shall not be construed
to be a modification of the terms of this Agreement.
12.4 �OI,�T PREPARATION
the parties hereto acknowledge that they have sought and recewed whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights
and obligations herein and thal the preparation of this Agreement has been a joint effort of the
parties,the language has been agreed to by parties to express their mutua{intent and the resulting
document shall not,solely as a matter of judicial construction,be construed more sevefely against
one of the parties than the other.
12.5 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversalions, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. 7itle and paragraph headings are for convenient refe�ence and are
not intended to confer any rights or obligations upon the parlies to this Agreement.
(REMAINOER OF THIS PAGE LEFT INTENTIONALLY BLANKJ
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IN WfTNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their approp�iate officials, as of the date first entered above
FOR CITY: CITY OF MtAMI BEACH, FLORIDA
ATTEST:
o«�s�9�eaer /l ' � �
� G+"�.e By: ��L %� ,_�l:' .
��f�a8�Y�5E'�ranado,City Clerk� Eric T Garpent r, Gi Mana er
tY 9
Date 9�30/2025 � 11:01 EDT
FUR CONSULTANT HYDRA SERVICE(S), INC.
ATTEST:
,----__""'_-- � .,-=' �e%*�.
� _ --y—.. BY.�'���
J �TY~ II�� r I�! �r' ��N'���'1GM �LI�f.��.. ��y� ��[...
/
Prinl Name and Title Pnnt Name and Title
Date.
APPROVEO AS TO
FORM 8 LANGUAGE
8�FOR EXECUTION
�� ,��H�t i���t;� �---__.��,�r�l�
'�� � CityAttorney(F Date
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EXHIBIT A
SCOPE OF SERVICES
Contractor shail sell Suizer submersible pumps (the"Pumps") ta the Gity. Contractor shall also
seil related equipment, parts, and software(collectively, "Products"), as needed, to the City.
Cantractor shalE provide rsiated services including, without limitation, installatian af the Pumps
and perfannance of repairs {the "Product Related Services"), on an as-naeded basis, as
determined and requested by the City pursuani to a written purchase order(a Purchase Orde�'},
pursuant to the terms of this Agreement. The sale of Products to the Gity and the provision of the
Praduct Related Services shall be calisctively referred to herein as the"Services".
DISCOUNTS AND LIST OF FIXED PRICES
, _ . _----...._.___ ., ___ __ __. . _ __.
Rem Oescriptian_ ` Unit Price/%Discount
_._.._. _._ t.._____.. ._,_..�____�..�.------_..
1 Pumps j 10%
_ ._ ___.._.._.._____,__._�___�_.._
' � a
z p��� �a�
__a._._____ -
�- __ _ . �
Hourly Labor Rate for t
' 3 t Repairs � $135.40 Per Hour �
_ . _ --- __ �. _ .
A Enviranmental Fee
; _ __ _ , , _ . _ _ _ ._..,�__ .,_.____.. ,
� ` 1 to �0 NP ��� $20 00 Each `
� k __ w. _..y _.._ . .__ _._
= 11 to 50 HP $4Q_00 Each
_.__ ___...__ , .._,_ _, __ ,._. .
� Greate�than 50 HP � $60.OQ�ach
f_ __. _.__._ .
���������b �Lubc�can[s and Materials_ t
__._Y._._.��.__._.______^__._
� � 1 to 10 HP _____ - _�.$20.00 Each
t 11 ta 5Q MP .�.. $30.Q0 Each � �.
__ ._._. ._ _._ __--
Greater Ehan 50 HP $45.00 Each
_.,�.... _____.___._._...____�_�
�_._v,, 6 fiFlange Dril6ng $Q.00 Each
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ExHieiT s
ANTI-HUMAN TRAFFICKING AFFIDAVIT
In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of
Consultant hereby attests under penalty of perjury that Consultant does not use coercion for labor
or services as defined in Section 787.Q6, Florida Statutes,entitled"Human Trafficking".
I understarld lhat I am swearing or affirming under oath to the truthfulness of the claims made in
this affidavit and that the punishment for knowingly making a false statement includes fines and/or
imprisonment.
The undersig�ed is authorized to sxecute this affidavii on behalf of Cqnsultant.
CONSULTANT:
HYDRA SERVICE (S), INC., an Alabama corporation.
o?.S�V S�r�itgli/�w �o.++�tvaC �
Name(Title: .,�a t — �►1 L —�(Address) D�G�,.y �� ��7/.3
state ot `OV� �1.,
County of `��1�
The foregoing instrumeni was acknowledged before me by means of LYphysical presence or ❑
online no anzatio this � day of � 202� by
�e�.� _._ � 1'� ,as_�a ,oi HYDRA SERVICE
(Sj, INC., an Alabama cor oration, known to me to be the person described herein, or who
produced _ SG � �_ ___ as identificaUon, and who did/did not take an
oath.
NOTARY PUBLIC� ` ``,,`��`��������''
�. ��` �.yN• H��S'p'i
,,�. ...�.....� �:
ignatu > ` �
. �p1'�9y '� ,,�
�b���/ � Y �����
�'11n _ld��� ;�+ 'q/B�,�G w�
(Print NaMe) M��y ,�,ca;
�'if�q,�,'�.......�`'".t 4�+.
My commission expires: lU !�. �� �i���511,6;�����
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EXHlBIT C
PRt?HIBITION AGAINST GONTI2ACTING WITH FOREIGN COUNTRIES OF CONGERN
AFFIDAYlT
In accordance wiih Section 287.138, Fiorida Statutes, incorporated herein by r�ference, the
undersigned, an behalf of Consultant, her�by attests under penalty of per�ury thnt Consultant
C1oes not meet�ny of the follawing criteria in Paragraphs 2{a)-{c�af Section 287 138, Flarida Statutas (a)
Consuttant is owned by a government of a foreign country of concern; (b) the government ot a foreign
country of cancern has a controlting interest in Consuitant;or(c)Cansultant�s orgarnzed under the laws of
or has its principal place of business in a foreign country af concern.
I understand that I am swearing or a�rming under oath, under penalties of perjury, to the
Eruthfulness of the claims made in this affidavit and that the punishment for knowingly m�king a
false statement includes fines and/or imprisonment.
The undersigned is authorized to exeGute this affidavit on benalf af Consultant
CONSULTAHT:
HYORA SERVIeE(S), INC., an Alabama corporation.
.��G�� - •�.S~�,�"1t � b✓ GQnt#�i�4.' �''
NamefTitle: ,_,=lx/�? �G dd�ess� ��,�,,y ,F�3����
State of �t�t G�a _
County of ��i lj r�4G1
The foregoing instrum�nt was acknowledged befor�me by means of LD 1�ysical presence or❑
onli e otariz �on, this �v_ day o u_��''___�, 2p2� by
___�� ���c 1/ ,as ,of MYDRA SERVICE
(S}, fNC., a� Alabama cor oration, known to me to be th parson described herein, or who
produced ���� _ _� as idenUfication, and who didJdid not take an
oath.
NOTARY PUBLiG:
.+.�.�_
nature)
�_ ��i�`��.�-
(Print Nam
My commission expires: G ( �
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RESOLUTION NO. 20�5-33660
A RESOLUTION OF THE MAYOR AIVD CITY COMMISSIQN OF THE CITY
UF MIAMI BEACH� FLORIDA, AUTH4RIZING THE CITY MANAGER,
PURSUANT 70 SECTION 2-391 4F TME CiTY CODE,TO NEGOTIATE AND
EXECUTE NEW AGREEMENTS FOR THE PURCHASE OF CITY
STANDARQIZED WASTE AND STORMWATER PUMP EQUIPMENT,
PARTS, SOFTWARE, ANQ SERVICE FOR THE CITY'S PUMP STATI�NS
WITH: (1) XYLEM WATER SOLUTIONS USA, THE SOLE SUPPLIER FOR
THE "FLYGT" 6RAND PUMF EQUIPMENT, PARTS, SOFTWARE, AND
SERVICE (CURRENT AGREEMENT EXPIRES C?N MAY 11, 2025l; AND {2}
HYDRA SERVICE, THE SOLE AUTHORIZED SUPPUER FOR THE
"SULZER" BRAND PUMP EQUIPMENT, PARTS, SOFTWARE, AND
SERV4CE (GURRENT AGREEMENr EXPIRES (7N MAY 21, 2025}, WITH
THE NEW AGREEMENTS HAVING A TERM NOT TO EXCEED FIVE (5}
YEARS, COMMENCING RETFCOACTIVELY AS OF THE EXPIRAT{C1N
DATES OF TF{E CURRENT AGREEMENTS; AND FURTHER,
AU7HORIZiNG PURGHASES OF PUMP EQUIPMENT, PARTS,
SQFTWARE AND SERVICES FROM THE FOREGDING VENDORS IN AN
AMOUNT NOT TO EXCEED THE AMOUNT APPROPRIATED ANNUALLY
FOR 7HESE PRODUCTS THR�UGH THE CITY' S BUDGETING PROCESS
FOR EACH FISCAL YEAR.
WHEREAS, the City of Miami Beach ("City') Public Warks Department ("Public Works")
operates and maintains over 100 submersible pumps;and
WHEREAS, the purpvse of these pumps is to: {i� convey wastewater from the City to
�rginia Key, (ii) remove stormwater from City streets, and {iii) mitigate and control flooding
conditions in the City during the yearly King Tides; and
WHEREAS, Section 2-391 af the City Code stipu{ates that when standardization is
determineci to be in the best interest of the City, the purchase of goods end services may be
negotiated with the written approval af the Gily Manager and subject to City Commission approval
for goods and services at amaunts in excess ot the fo�mal bid threshalds established in Section
2-366 of the City Code, which is currently$100,040 00; and
WHEREAS, on March 1, 2017, the Mayor and City Commission adopted Resolution No.
2U17-29783 and 2017-29784, authorizing the purchase of Sulzer and Flygt, pump equipment,
parts, software, service and refated itenis from Hydra Service, Inc. and Xylem Water Solutions
U.5.�1, for the purposes of siandardizing submersibls pumps citywide, in an amount not to exceed
$500,OoQ 00 annually from each vendor, for a period of thres years; and
WHEREAS, on February 12, 2020, the Mayor and City Commissinn adopted Resoiution
No. 2020-31161, appraving and authoriting the City Manager, pursuant to Section 2-391 pf the
City Code,to negotiate and execute agreements for the purchase of City standardized waste
and stormwater pump equipment, parts, software, and service for the City's pump stations
with: (1)Xylem Water Solutians USA, the sole supplier for the"Flygt"brand pump equipment,
parts, software, and service; and (2) Hydra Service, the sole authori2ed supplier for the
"Sukzer" brand pump equipment, parts, software, and service, with such agreements having
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a term not to exceed five (5) years; and further, authorizing the purchases of pump
equipment, parts, software and services from the foregoing vendors in an amount not to
exceed the amount appropriated annually for these products through the City' s budgeting
process; and
WHEREAS, the agreement with Xylem Water Solutions USA is set to expire on May 11,
2025 and the agreement with Hydra Serv+ce is set to expire on May 21, 2025; and
WHEREAS, based upon the fact that over the years the equipment has proven to be of
exceptional quality and reliability, provides an expedited replacement of equipment, and has
eliminated the need to keep a large inventory from various suppliers, the City Manager
recommends authorizing the Administration to negotiate and execute new agreements for the
purchase of standardized submersible Sulzer and Flygt pumps from: (1) Xylem Wate�Solutions
USA, the sole supplier for the "Flygt" brand pump equipment, parts, software, and senrice;
and (2} Hydra Service, the sole authorized supplier for the "Sulzer" b�and pump equipment,
parts, software, and service, with such new agreements having a term not to exceed five (5)
years f�om the expiration dates of the current agreements; and further, approving the
purchase of pump equiprnent, parts, software and services from the foregoing vendors in an
amount not to exceed the amount appropriated annually for these products through the City's
budgeting process for each fiscaf year.
NOW, 7HEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF T4iE CITY OF MIAMI BEACN, FLORIDA, that the Mayor and City Commission
hereby authorize the City Manager, pursuant to Section 2-391 of the City Code, to negotiate
and execute agreements for the purchase of City standardized waste and stormwater pump
equipment, parts, software, and service for the City's pump stations with: (1) Xy{em Water
Solutions USA, the sole supplier for the"Flygt"brand pump equipment, parts. software, and
service (current agreement expires on May 11. 2025); and (2) Hydra Service, the sole
authorized supplier for the "Sulzer" brand pump equipment, parts, software, and service
(current agreement expires on May 21, 2025), with the new agreements having a term not to
exceed five (5) years, commencing retroactively as of the expiration dates of the current
agreements; and further, authorize purchases of pump equipment, parts, software and
services from the fo�egoing vendors in an amount not to exceed the amount appropriated
annually for these products through Ihe City's budgeting process fo�each fiscal year.
PASSED and ADOPTED this �! day of_ � _ 2025.
ATTEST� G�� .
Steven Meiner, Mayor
NAY 2 7 1025
Rafael E. G na o, City Clerk
_f����8�.�;�,,.
s r�. :
'" � APPROVED AS TO
; ;iKCo�� ORAIED' � FORM & IANGUAGE
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City Attomey i Dote
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Resolutions -C7 N
1VtIAMIBEACH
COMM1SS10N MEMORANDUM
TO: Honorable Mayor and Members of the City Commissicx�
FROM: Eric Carpenter, Ciry Manager
DATE: May 24, 2025
TiTLE: A RES4LUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMt BEACH, FLORIDA, APPROVING AND AUTNORIZING THE CITY
MANAGER, PURSUANT TO SECTION 2-391 OF THE CITY C;ODE, TO
NEGOTIATE AND EXECUTE AGREEM�NTS FOR THE PURCNASE OF CITY
STANDARDIZED WASTE AN� STORMWATER PUMP EQUIPMENT, PARTS.
SOFTWARE, AND SERVICE FOR THE CITY'S PUMP STATiONS, WI7H {1)
XYLEM WATER SOlUT10NS USA, THE SOLE AUTHORIZEO SUPPLIER FOR
THE "FLYG7" BRAND PUMP EQUIPMENT, PARTS, SOFTWARE,AND SERVICE;
AND (2) HYDRA SERVIC�, THE SOLE AUTHORiZEO SUPPLIER FOR THE
"SULZER" BRAND PUMP EQUIPMENT, PARTS, SOF7WARE, AND SERVIGE,
WITH SUCH AGREEMENTS HAVING A TERM NOT TO EXCEED FIVE(5)YEARS;
FURTHER, AUTHORIZiNG PURCHASES OF PUMP EQUIPMENT, PARTS,
SOFIINARE AND SERVECES FROM THE FOREG�iNG VENDORS IN AN
AMOUNT NOT TO EXCEED TNE AMOUNT APPROPRIATED ANNUALLY FOR
THESE PRODUCTS THROUGH THE C17Y'S BUDGETING PROCESS.
RECAMMENDATION
The Administration recommends authorizing the negotiation and execution of agreements for the
pu�chase of City standardized waste and stormwater pump equipment, parts, software and
service for the City's pump stations with(1)Xy{em Water Salutions USA("Xylem"),and (2}Hydra
Service ("Hydra"}, for the term not to exceetf frve (5) years, in the not to exceed amount
appropriated annuafly for tfiese products through the City's budgeGng process.
BACKGROUNDIHISTORY
The City of Miami Beach {"Ciry"j Public Works Department ("Public Works") operates and
maintains over 100 submersible pumps.
The purpose of these pumps is to convey wastewater ftom the City to Virginia Key and the
stormwater from Ciry streets. Additionally, these pumps help to mitigate and control flooding
cond'+tions in the Ciry during the yearly King Tides.
Section 2-391 of the City Code stipulates that, when a standardization is determined ta be in the
best interest of the Ciry, the purchase of gaods and services may be negotiated with the w�itten
approval of the City Manager,and subject to City Commission approval when the amounts exceed
the formal bid thresholds established in Sectio� 2-366.
On March 1,2017,the Mayor and City Commission("City Commission")approved Resol�tion No.
2017-29783 and 2017-29784, authorizing the purchase of Sulzer and F{ygt, pump equipment,
parts, software, service and related items trom Hydra, and Xyfem, far the purposes of
standardizing submersible pumps Citywide, in the not to exceed amount of$500,000 from each
vendor, annually, for a period of three (3) years. On Febrt�ary 12, 2020, the City Commission
approved a�extension to the agreement, (or an additionaf five(5)years, set to expire the end of
May 2025, via Resolution 2020-31161.
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NA SIS
Public Worlcs seeks authority to continue to purchase standardized submersible pumps frvm
Sulzer and Flygt, as over the years, the equipment has proven to be of exceptional quality and
�eliability,provide an expediled repiacement of equipment,and have eiiminated the need ta keep
a large inventory from various suppliers.
FI ay,�Pum�s
7he City currently has approximately 100 Flygt brand pumps instalted in the City's wastewater
and storm water infrastructure that reguires parts and service. Flygt is a brand of submersible
pumps, mixers, and iluid ha�citing tecfinology. The City's Procurement Depariment
("Procurement") has verified that Xylem is the exclusive authorized supplier for this region. City
staff has negotiated an agreement with Xylem, which establishes a 5°�percent discount from the
Manufacture�s Suggested Retail Pnce("MSRP"),for annual sales up to$500,000,a 7.5%percent
discount for annual sales from $500,001 to 5750,000, and a 10% percent discount for annual
sales over$750,001,with a five(5)year term from the effective date. Upon mutual agreement of
both parties,the Ag�eement may be reviewed and renewed for an additional five(5)years,under
the same terms, conditions, and pricing,or as otherwise negotiated and agreed upon in writing.
Sulzer Pumps
Similarly, the City currently t�as approximate{y 14 Sulzer brand pumps installed in the City's
wastewate� and storm waie� infrasVuctu�e that requires parts and service. This brand of
submersible pumps is considered high qualiry, durable, and is used by many different
municipalities including Miami-Oade and Orange County. Hydra is the sole supplier of Sulzer
pump brand products for the City's geographic region. Nydra offers industry long-term
experience, strong technical competencies, and continuous innovation, a{bwing them to provide
outstanding reliability and pertormance.
City staff has negotiated an Agreement with Hydra,esteblishing a 10%percent discount from the
MSRP for pumps and parts, for annuai sales, with a five (5) year term from Ihe effective date.
Upon mutual agreement oi bott� parties, the Agreement may be reviewed and renewed for an
additional five(5)years,under the same terrns,conditions,and pricing,or as otherwise negotiated
and agreed upon in writing.
Additionally, Pubiic Works has established the slandardization of these submersible pumps and
recommends continuing these services in an effort to improve the City's wastewater and
stormwater systems. These pumps have proven to help prevent the streets from flooding, and
sewage from overflowing onta the streets. Both vendors have demonstrated the ability ta servic:e
the submersible pumps in a timely and expedited manner,with adequate support needed for bng-
term operational use of the equipment. Moreover,through this StAndardization,PubfiC WorkS has
been abfe to remove previously instal(ed submersible pumps from vendors who are no longer in
business or whose parts considered obsolete.
Since the standardization of these products, an approximate $4.5 Miliion, has been spent in the
purchase of pumps, parts and olher services to ensure the City's wastewater and stormwater
pump stations'opt+mal pe�formanCe. Further, as a result of the expedited procurement process
established by Resolution No. 2020-31161 for standardizing of said equipment, Public Works
completed its in-house restoration of Terminal Island's Sewer Pump Station #3Q, which included
the replacement of obsolete sewer pumps with Flygt submersible pumps (for yea�s this pump
station had rema+ned in an "+ncomplete" moralorium status and bui�ding permits for new
constructbn denied). 5ince its restoration, the statlon's moratorium status has been lifted. Most
recently 5ewer Pump Station#31, located on Washington Avenue and 3rd Street, has also been
restored(thP scope included the overhauling of the existing Flygt pumps),was completed without
+ssues in an expeditious manner. As a resu�t, the station's downtime during restoration was
sig�ificantly�educed.
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Overaii, the City's experience +n dealing with Hydra and Xylem has been a pos�t+ve one. Parts
are readily available compared 10 other brands, and spare pumps are now in stock for most pump
station5. thereby reducing the lead time for delivery of pumps and equipment, bui more
�mportanlly, r�ducing pump st�t�on downtime during pump fadures. Flygt is able to perform
prt�ventive maintenance of Flygt purnps on-site, wh�ch reduces t�me and cost associated w�th the
removal and transportation of pumps to pump shops or other facihties Fioth vendors also offer
free traming fo� City technicians (Sulzer recentty pcov+ded personnel traininy to City staff on the
operations and maintenance of Sulzer pumpiny equ�pment} The outstanding customer serv�ce
provided by Ihese vendofs continues to play a significant�ole in the advances and improvements
made to thc City's wastewater ancl stormwater infrastructure.
Public Works strongly believes that if the newly established pump standard does not continue.
the e(forts and benefits listed above will be lost. The City's wastewater and stormwaler systems
have begun to tunction the way they were mtended to operate. As such,the Administration seeks
approval to continue to purchase Sulzer and F{ygt equipment, parts, software,service and related
items.
FISCAL IMPACT STA7EMENT
The purchase of Suizer and Flygt equipment will be tunded by Operating Expend+ture accounts
No. 425-0420-OQ0343 and 427 047_7-000674
CONCLUSION
The Administrat�on recommends authorizing the negotiation and execution of agreements for the
purchase of City standardired waste and stormwater pump equipment, parts, software and
serv�ce tor the C�ty's purnp stat�ons with (1)Xylem and (2)Hydra, tor the term not to exceed five
(5)years, in the not to exceed amount appropriated annualiy for these products tf�rough the City's
budgeting process.
Applicable Area
Cityw�de
Is this a "Residents Right to KnQw" item, Is this +tem related to a G.O. Bond
pursuant to Citv Code Section 2-17? Proiect?
Yes No
Deoa�tment
Public Works
Condensed Title
Execule Agmts, Purchase Ci[y Standardized Waste & Stormwater Purnp Eqwpment. PW
Previous Action(For Citv Clerk Use OntY►
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r�r ��s� ��-r._
MIAMI BEACH �� . . `.� ��• � .
-----
. , a �,.
� . �..k'a. ' � .:��-•.. ....."��, , . . � . '� . .
N/A Purchase of Sulzer arand Pump[quipment,Parts,So(tware,Services,and Related Items
r,' �_
Hydra Service�s),inc.and Xylem Water Solutions U.S.A.,INC Public Works
i ;.� � ..w,. ,��
John Norris y.�..n..,» 9/16/2025��:02 FDT David Martinez ', Qnv��I�larin,Q/��6/2025�a 06 EDT
w..,..�.>
`�t.v- `.e...: '��F..�=K�'' r ..n y �i`.wn'�"�fpi .,........._ . ....,..,. �
Type 1-ConVad,amendment,change order,or task order resufting from a procurement-iuued competitive solicitation.
x Type 2-Any other contract,amendment,change order,or task order that does not result from a procurement-issued competitive solicitation.
Type 3-Independent Con[rector Agreement(ICA) Type 6-Tenant Agreement
Type 4-Grent agreements with the City as the recipient Type 7 Inter-governmental agency agreement
Type 5-Grant agreements with the Gty as the grantor Type A Other.
The City of Miami Beach Public Works Department manages and maintains over 100 submersible pumps that transpor[
water from the City of Miami Beach(the"City")to Virginia Kcy,remove stormwater from City streets,and heip mitigate
flooding during the annual King Tides.
On March 1, 2017, the Mayor and City Commission adopted Resolutions No. 2017-29783 and 2017-29784, authorizing
the purchase of"Sulzer"and"Flygt",pump equipment,parts,software,service,and related items from Hydra Service(s),
Inc.and Xylem Water Solutions U.S.A,for the purposes of standardizing submersible pumps citywide for a period of three
years.
Subsequentiy,on February 12,2020,the Mayor and City Commission adopted Resolution No.2020-31161,approving and
authorizing the City Ma�ager, pursuant to Section 2-391 of the City Code,to negotiate and execute agreements for the
purchase of City standardized waste and stormwater pump equipment. These Agreements were with Xylem Water
Solutions USA,the sole supplier for the"Flygt" brand equipment, and Hydra Service(s),the sole authorized supplier for
the"Sulzer"brand equipment.The terms of these Agreements were not to exceed five(S)years and expired on May 21,
2025.
On May 21, 2025, the Mayor and City Commission adopted Resolution No. 2025-33360, again authorizing the City
Manager to negotiate and execute new Agreements with Xylem Water Solutions USA and Hydra Service(s). These
agreements,also governed by Section 2-391 of the City Code,are for the continued purchase of standardized"Flygt"and
"Sulzer" pump equipment, parts,software,and services.The new Agreements are retroactive to the expiration date of
the previous contracts and are valid for a terrn not to exceed five(5)years.
Section 2-391,where standardization is deterrnined to be desirable by the Procurement Director,the purchase of goods
and services may be conducted through negotiation with the written approval of the City Manager,and subject to City
Commission approval for goods and services at an amount in excess of the formal bid thresholds.This process ensures
consistency in equipme�t,streamlines procurement, and supports the City's long-term infrastructure goals.Therefore,
based on the justification stated herein and pursuant to Resolution No. 2025-33360 that delegated authority to the
Manager to execute these Agreements, this item seeks the City Manager's signature in the attached Agreernents.
5 Years N/A 5 ycars
GrantFunded: Yes x No State Federal Other.
_�___—__. .__..__._ _ _ ___--_... _--- --___- — ----
1 "Please note fund�ng�isted for this item is subject to the City Ycs x No
$450,000 Cummission approval of the FY 2026 Adopted Budget".
$205,000 n 2 7-04 7_7-000674-29-4 2 2-000-00-00-00
4 2 5-O420-000343-29-4 21 513-00-UO-00
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1.For cantracts longcr than five years contact the Procurement Department 2.Attech any supportin�explanation needed 3.Budget
approvai mdicates approval for the current fiscal year only. Future years are subject to City Commission approval of the annual
ado�ted operating budget.
City Commission Approved: X Ves No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2025-33660 C7 N May 21,2025
If na,explain why CC approval is not required:
Legal Form Approved: X Yes No If no,expiain below why form approval is nat necessary:
_ __ _�.__ .______ __._._� �_..____,.._
--,....�-..�,f",� �.:�., ,r �'° �� xa, <,3'�i
� ;;� �
Proa�rement� a Grants: N�A
' Kristy Bada s
��n.o,�.,�,Gw.�,� 9/15/2025�2:04 E�T
Budget: � � � " InformationTechnoiogy: N/A �MT�____�
Isadora Gonzales '� slts/2o25�to:56 EDT
Bud�et: -»«��
7ameka Otto Stewart d�Fe Sfwrwrt, (aSA�$J2025�11.59 EDT
Risk Management: Fleet&Facilities: W� N/A 4 �
Marc Chevalier �.w�....
� May��,�Ct+u�it,Y 9/16/2025�3:00 EDT
Human Resources: Other:Review
MoniCd Garcia � 9t10/2025(9 42 EDT
Theresa Buigas
I �6 9/10/2025�1 39 EDT
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