Professional Services Agreement between the CMB and Xylem Water Solutions U.S.A, Inc. for the purchase of Flygt Brand pump equipment, parts, software, service and related items Docusign Envelope ID:098E0874-D41A-459F-B2AF-57DC535495F4
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PROFESSlONAL SERVICES AGREEMENT
BETW�EN
THE CITY OF' MIAMI BEACH
AND
XYLEM WATER SOLUTIONS U.S.A., lNC.
FOR
FOR THE PURCHASE OF FLYGT BRAND PUMP EQUIPMENT, PARTS,
SOFTWARE, SERVICE AND RELATED ITEMS, PURSUANT TQ
RESOL.UTION N�. 2025-33660
10/10/2025�4:43 EDT
This Professional Services Agreement("AgreemenY') is effective as of May 12, 2025 ("Effeclive
Date"), between the CITY OF MIAMI BEACH, FLORIDA,a municipal corporation organized and
exisiing under the laws of the State of Florida, having its principal offlces at 1700 Convention
Center Drive, Miami Beach, Florida, 33139 (the 'Cit�'), and XYLEM WATER SOLUTIONS
U.S.A., INC., a Delaware corporation, authorized to do business in Florida, whose address is
14125 South Bridge Circle, Charlotte, North Carolina 28273("Contractor"}.
SECTION 1
DEFINtTIONS
Agreement: This Agreement between the City and Consultant, Including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City.
City Manager's
Designee; The City staff member who is designated by the City Manager to administer
this Agreement on behalf of the City.The Ciry Manager's designee shali be
the Public Works Department Directar.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor,and not an agent or employee of the City.
Services: Ali serv(ces, work and actions by the Consuitant pe�formed or undertaken
pursuant to the Agreement,
Fee: Amount pald to the Consultant as compensation for Services.
Risk Manager: The Risk Manager of the Clty, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Fiorida 33139; telephone number(305)
673-7000, Ext. 6435;and fax number(305)673-7023.
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SECTION 2
SCOPE OF SERVICES
2.1 In consideration of ihe Fee to be paid to Consultant by the City, Consultant shall provide
the work and services described in Exhibit A hereto(the"Services").
Although Consultant may receive a schedule of ihe available hours to provide its Services, the
Cify shall not contra( 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 wiih the
appropriate location to perform the Services); when the Services 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 of accomplishing the Services provided. Notwithstanding
the foregoing, all Services provided by the Consultant shall be performed in accordance wiih the
terms and conditions set forth in Exhibit A and to the reasonable satisfaction of the City Manager.
If there are any questions regarding the Services to be performed, Consultant shouid contact the
fo(lowing person:
Lys Desir
Public Works Department
City of Miami Beach
451 Dade Boulevard
Miami Beach, Florida 33139
2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline andlor schedule in ihe relevant Purchase Order(defined in Exhibit
A hereto).
5ECTION 3
TERM
The term ot this Agreement("Term")shall commence on the Effective Date and shall continue for
a period of f(ve (5) years, unless earlier terminated in accordance with the provisions of this
Agreement.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific tlmelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services, as
same is/are set fo�th ln the timeline and/or schedule provided in the relevant Purchase Order.
SECTI�N 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,commencing upon
the execution of this Agreement by all parties hereto.
4.2 During the Term, Contractor shall provide the City with a discount-toward the price of ilie
Products covered in thls Agreement,as more parficularly set forth in Exhlbit A hereto.Additionally, -
during the term, the prices for Products and Product Related Services as set forth in Exhibit A
hereto stiall remain fixed.
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4.3 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made wiihin forty-five
(45) days for that portion (or those portions) of the Serolces satisfactorily rendered (and
referenced in the particular invoice).
Invoices shall include a detafled description of the Services (or portions thereof) provided, and
shall be submitted to the City at the following address:
Accounts Payable Division
�inance Department
City of Miami Beach
1700 Convention Center Drive, 3'd Floor
Miami Beach, Florida 33139
Email: accountspayable@miamibeachfl.gov 2
Invoices not containing a Purchase Order tVumber(PO No,), or containing an incorrect PO No.,
shall not be approved far payment.
SECTION 5
TERMINATION
5.1 TERMINATtON FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner,or oihen�vise violates, any of the covenants,
agreements, or stipulatlons material io this Agreement, the City, through its City Manager, shall
thereupon have the right to terminate ihis Agreement for cause. Prior ta exercising its option to
terminate for cause, the City shall notify ihe Consultant of its violation of the particular term(s)of
this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default
remalns uncured after ten (10�days, the City may terminate this Agreement without further notice
to Consultant. Upon termination, the City shall be fuily discharged from any and all liabilitfes,
duties, and terms arising out of, or by viriue of, this Agreement.
fVotwithstanding the above, the Consultant shall not be relieved of liability to the City for damages
sustained by the Cify for any breach of the Agreement by the Consultanl. The City, at its sole
option and discretion,shall be entitled tn bring any and all legal/equitable actions fhat it deems to
be in its best interest in order to enforce the Clty's righis and remedles against Consultant. The
City shall be entltled to recover all costs of such actions, including reasonable attorneys'fees.
5.2 TERMINA710N FOR CONVEfVIENCE QF THE CITY
THE CITY MAY ALSO, THROUGH iTS CiTY MANAGER, AND FOR ITS
CONVENIENCE AND WITliOUT CAUSE, TERMINATE THE AGREEMENT AT AtVY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH
TERMINATION; WHtCH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS
FOLLOWING RECEIPT BY THE COfVSULTAIVT OF SUCH NOTICE. ADQITIONALI.Y,
1N THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS
I]ETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE
DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN
NOTIFICATION TO CONSULTANT, MAY IMMEDIA7ELY SUSPEND THE SERVICES
UNDER THIS AGREEMENT FOR A T1ME CERTAIN, UR IN THE ALTERNA7iVE,
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7ERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS
TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTAN7 5HALL BE PAID
FOR ANY 5ERVICES SATISFACTORILY PERFORMED UP TO THE DA7E OF
TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM
ANY AND ALI.LIABILITIES, DUTIES,AND TERMS ARISIIVG OUT OF, OR BY VIRTUE
OF,THIS AGREEMENT.
5.3 TERMINATlON FOR 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 parties shall be the same as provided for in
Section 52.
SECTfON 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify, defend and hold harmless the City of Miami Beach and its
officers, employees, agents, and contractors, from and against any and all actions (whether at
law or in equity), claims, liabilities, losses, and expenses, including, but not Ilmited to, attomeys'
fees and costs, for personal, economic or bodily injury, wrongful deaih, loss of or damage to
property,which may arise or be alieged to have arisen from the negligent acts,errors,omissions
or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any
other person or entity acting under Consultant's control or supervision, in connection with,related
to, or as a resuit of the Consultant's performance of the 5ervices pursuant to this Agreemenf. To
that extent, the Consultant shall pay all such claims and Iosses and shall pay all such costs and
judgments which may issue irom any lawsuit arising from such ciaims and losses, and shall pay
all costs and attorneys' fees expended by the City in the defense of such claims and losses,
including appeals. The Gonsultant expressiy understands and agrees that any Insurance
protection required by this Agreement or otherwise provided by the Consultant shail in no way
limit the Consuitant's responsibility to indemnify, keep and save harmless and defend the City or
its officers, empfoyees, agents and instrumentalities as herein provided.
The parties agree that one percent(1%)of the total compensation to Consultant tor performance
of the 5ervices under this Agreement is the specific considaration From the City to the Consultant
for the Cansultant's indemniiy agreement. The provlslons of this Section 6,1 and of this
indemnification shall survive termination or expiration of this Agreement.
6.2 IfVSURANCE REQUIREMENTS
The Consultant sha11 maintain and carry in full force during the Term, the foliowing Insurance:
1. Consultant General Liabfliiy, in the amaunt of$1,000,000;
2. Workers Compensation & Employers Liability,as required pursuant to Florlda 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 buslness in the State
of Florida. All Insurance policies must be issued by companies rated no less ihan "A�" as to
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management and not less than"Class VI"as to strength by the latest edition of Best's Insurance
Guide, published by A.M. Best Company,
Timely renewal certificates wili be provided to the City as coverage renews. The insurance
certificates for General Liability shall include the City as an additional insured and shall contain a
walver of subrogation endorsement. ConsultanYs insurance shall bQ primary and not contributory
for direct claims arising out of the Agreement under fho Commercial General Liability policy. If the
Professional Liability cnverage is provided on a claims mado basis, then such insurance shail
continue for(3)years following the expiration or termination of the Agreement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval(prior
to any work and/or servlces commencing)and wiA be kept on file in the Office of the Risk Manager.
The City shall have the right to obtain from the Consuitant spec(men copies of the insurance
policies in the event that submitted certificates of insurance are Inadequate to ascertain
compliance with required coverage.
The Consultant is also solely responsible for obtaining and submltting all insurance certfficates
for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilitles and
obligations under this sectfon or under any other portlon of this Agreement.
The Consuitant shall not commence any work and or services pursuant tn thls Agreement untf!all
insurance requ(red under thfs section has been obtafned and such insurance has been approved
by the City's Risk Manager.
SECTION 7
LITIGATION JURISD1CTiONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accardance with the laws of the State of Florida. This
Agreement shail be enforceable In Mfami-Dade County, Florida, and if legal action !s necessary
by elther party wlih respect to the enforcement of any.or all of the terms or conditlons herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering
into thfs Agreement, Consultant and the City expressly waive any rights either pa�iy may have to
a trial by jury of any civil litigatfon related to or arising out of this Agreement.
SECTION 8
LIMITATiON OF CITY'S LIABILITY
The City and Consulfant waive against each other, and against the other's officers, directors,
members, partners,and employees any and all clalms for other entitlement to special, lncidental,
Indlrect, pun(tive or consequential damages arising out of, resulting from, or related to the
Agreement.
The pa�ties furfher agree that the total Ilability of Consuftant for claims, costs, losses, and
damages arising from this Agreement shall be Ilmited to the �ontract amount established in ihe
Purchase Order associated with the claim. The terms of this overall iimitatlon of liabiliiy does not
apply to nr limit Consultant's duty lo indemnify the City for third party claims as set forth in Sectivn
6.1.
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The City desires io enter into this Agreement anly 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 aileged breach by the City of
this Agreement, so that fts liabillty for any such breach never exceeds tt�e total amount
established in the Purchase Order, with the total contracf liability for the City under this
Agreement never to exceed $1p0,000.00, Consultant hereby expresses its wfllingness to enter
Into this Agreement with ConsultanYs racovery from the City for any damage action for breach of
contract fo be limited to the total amount esfabiished in the Purchase Orcier,wilh the total contract
liability for the City under this Agreement never to exceed $100,000.00.
Accordingly, and notwithstanding any ather 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 the total amount established in the Purchase Order,with the total contract liability for
the City under ihis Agreement never to exceed$100,000.00 for any action or claim for breach of
contract arising out of the performance or non-perFormance of any obligations impased upon the
City by this Agreement
Nothing contained in this Section or elsewhere in lhis Agreement is in any way intended to be a
waiver of the limitation placed upon tha Citys liability, as set forth In Sectlon 768.28, Florida
Statutes.
SECTION 9
DUTY OF CARE/C�MPLIAfVCE WITH APPLICABLE LAWS/P�ITENT RIGHTS: GOPYRIGHT;
AND CONFIDENTIAL FINDINGS
8.1 DUTY OF CARE
With respect to the performance of the Services contemplated hereln, Cansultant shall exercise
that degree of skill, care, efficlency and dlHgence normally exercised by reasonable persons
andlor recognized professionals wlth respect ta the performance of comparable work and/or
services.
9.2 COMPLIANCE WITH APPLICABL6 LAWS
In Its performance of the Services, Consultant shall comply with all applicable laws, ordinances,
and regulatlons of the Clty,Miami-Dade Counfy,the State of Florida,and the federal government,
as applicable.
9.3 PATENT RIGHTS• COPYRIGHT• CONFIDENTIAL FINOINGS
Any work product arising out af this Agreement, as well as all information specifications,
processes, data and findings, are intended to be the property of the City and shall not otherwlse
be made public andlor dlsseminated by Consultant, wlthout the prlor written consent of the Ciiy
Manager, excepting any Informatlon, records etc. wh(ch are required to be disclosed pursuant to
Court Order and/or Florida Public Records Law.
All reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property af ihe Cify,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 the Clty Manager.
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f
SECTION 10
GENERAL PROVISIONS
14.1 AUDIT ANp INSPEC710NS
Upon reasonable verbal or written notice tv Consultant, and at any time durfng normal business
hours(i.e.9AM—SPM,Monday th�ough Fridays,excluding nationally recognized holidays),and
as often as lhe Cily Manager may, in his/her reasoneble discretion and judgment, deem
necassary, there shall be made availabls to the City Manager, andJor such represenEatives as
the City Manager may deem to act on the City's behalf, to audit, examine, and!or inspect, any
and all other documents andlor records relating to all matters covered by this Agreement.
Consultant shatl maintain any and all such records at Its place of business af the address set
forth in the "Notices"section of this Agreement.
10.2 INSPEGTOR GENERAI.AUDIT RtGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established
the Office of the(nspector Genera(which may,on a random basis,perform reviews,audits,
inspections and investigations on all City contracts, throughout the duration of sald
contracts. This random audit is saparate and distinct from any other audit performed by
or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowerecf to review past, present and proposed City programs, accounts, recards,
contracts and transactions. In addition,the inspector General has the power to subpoena
witnesses,administer oaths, require the productron of witnesses and monitor City projects
and programs. Monitoring of an exis!!ng Ciry praject or program may include a report
concerning whethar the project is on time, within budget and in conformance with the
contract documents and applicabie law. Tne Inspector General shall have the power to
audit,investigate,monitor,oversee,inspect and review operations,activitfes,pe►formance
and procurement process including but not Iimited to proJect design, bid specifications,
(bid/proposal) subm(ttals, activities of the Consultant, its officers,agents and employees,
lobbyists,City staff and elected officials to ensure compliance with the contract documents
and to detect fraud and corruption. Pursuant to Sectfon 2-378 of the City Code, the C(ty
is atlocating a percentage of its overall annual contract expenditures to fund the activities
and operations of the office of Inspector General.
(G) Upon ten {90) days wrltten notice to the Consultant, the Consultant shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors io audit, investigate, monitor, oversee, inspect and review
operatlons activltles, performance and procurement process including but not Ilmited to
project design, bid specificatlons, (bid/proposal)submittals, activities of the Consultant its
officers, agents and employees, lobbyists, City staff and e(ected officials to ensure
compliance with the contract documents and to detect fraud and corruption,
(D) The Inspector General shall have the right to inspect and copy all docume�ts and records
in the Consultant's possession, custady or control which in the Inspector General's sole
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judgment, pertain ta performance of the contract, including, but not limiled to original
estimate files, change order estimaie files, worksheets, proposals and agreements from
and with successful subcontractors and suppliers, all project-reiated correspondence,
memoranda, instructions, financial documents, construction documents, (bid/proposal)
and contract documents, back-change documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebafes, or dividends
received, payroll and personnel records and supporting documentation for the aforesaid
documents and records.
(E) The Consultant shall make available at its office at all reasonable times the records,
materials,and other evidence regarding the acquisition(bid preparation)and performa�ce
of th{s Agreement, for examination, audit, or reproduction, until three(3}years after final
payment under this Agreement or for any Ioriger period required by statute or by other
clauses of this Agreement. In addition:
i. if this Agreement is completely or partially terminated, the Consuitant shall make
avaiiable records relating to the work terminated until three (3) years after any
resuiting final termination settlement; and
ii. The Consultant shall make available records relating to appeals or to Iitigation or
the settlement of claims arising under or relating to this Agreement until such
appeals, titigation, or claims are finally resolved.
(F) The provisions in this section shall appfy lo the Consulfant,its o�cers,agents,employees,
subcontractors and suppliers. The Consultant shall incorporate the provisions in ihis
section (n al( subcontracts and all other agreements executed by the Consultant in
connection with the performance of this Agreement.
(G) Nothing in this section shall impair any independent right tv the City to conduct audits or
investigative activities. The provisions of this section are neither iniended nor shall they
be construed to impase any tiabflity on the City by the Consultant or third parties.
10.3 ASSIGNMENT.TRANSFER OR SUBCONSULTING
Consultant shall not subcontract,assign,or transfer all or any portion of any work and/or service
under this Agreement without the prior written consent of the City Manager, which consent, if
gtven at all, shall be In the Manager's sole judgment and discretian. Neither this Agreement,nor
any term or provislon hereof, or right hereunder, shall be assignable unless as approved
pursuant to this section, and any attempt to make such assignment(unless approved)shall be
void.
1Q.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a)Florida 5tatute on Public Entity Crimes wifh
the City's Procurement Division.
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10.5 NO DISCRIMINATION
In connection with the performance of the Services, the Consultant shall not exclude from
participation in,deny the benefits of,or subjact to discrimination anyone on the grounds of race,
calor, national origin, sex, age, disability, religfon,income or family status.
Additionally, Consultant shail comply fully with ihe City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting dlscrimination in employment (including independent contractors), housing, public
accommodations, public services,and In connection with its membership or policies because of
actual or perceived race, color, national origin, religion, sex, intersexuality, gander identity,
sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair
texture and/or hairstyle, domestic partner status, labor organization membership, familial
situation, or political affiliaifon.
10.6 CONFLICT OF IN7EREST
Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County
Conflict of Interest Ordinances and Ethics provisions, as set forlh in ihe Miami-Dade Couniy
Code,as may be amended from time to time;and by the Cfty of Miami Beach Charter and Code,
as may be amended from time to time;both of which are incorporated by reference as if fully set
forth herein.
Cansultant covenants that it presently has no interest and shall not acquire any interesi,directly
or indirectly,which could conflict in any manner or degree wifh the performance of the Services.
Consultani further covenants that in the performance of this Agreement, Consultant shalf not
employ any person having any such interest.
10.7 CONSUL.TANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Consultant shall comply wiih Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from iime to time.
(B) The term"publlc records"shall have the meaning set forth in Section 119.011(12),which
means all documents, papers, letters, 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 ordinance
or in connection with the transactlon of official business of the City.
(C) Pursuant to Section 119.0701 of the Florida Statutes,if the Consultani meets the def(nition
of"Contractor'as defined in Section 119.0701(1)(a), 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 records, 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 does not exceed the cost provlded in Chapter 119,
Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of 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 Agreement, transfer, at no cost to the City, all public
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�
i
recards in passession of the Consultant or kesp and maintain public records
required by the City to perform the seNice. If ihe Consultant transfers all public
records to Ehe City upon completion of the Agreement,the Consultant shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records dlsclosure requirements. If the Consultant keeps and maintains public
records upon completion of the Agreement, the Consultant shall meet all
applicable requirements for retaining public records. AlI records stored
electronically must be provided to the City, upon request from the City's custodian
of public records, in a format that is compatible with the information technolagy
systems of the City.
(D) REQU�ST �OR RECORQS; NONCOMPLIANCE,
(1) A request to inspect or copy public records refating ta 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 notify the Consultant of the request,
and the Consultant must provlde the records to the City or allow the records to be
Inspected or copied within a reasonable time.
(2) ConsuitanCs failure to comply with the Ciiy's request for records shall consiitute a
breach of this Agreement, and the City, at its sole discretion, may: (1)unilaterally
terminate the Agreement; (2) avail itseff of the remedies set forth under the
Agreement;andlor(3)avail itself of any available remedies at law or in equity.
(3) A Consuitant wha fails to provide the public records to the City within a reasonable
time may be subJect to penaltles under s, 119,10.
(E) CIVIL ACTfON.
(1) If a civil action is filed against a Consultant to compel production of public records
relating to the Gity's contract for sorvices,the court shall assess and award against
the Consultant ihe reasonable cosis of enforcement, including reasonable
attorneys'fees, if:
a. The court determines that the Cansultant unlawfully refused ta comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the publlc records request,including a statement that the Consuftant
has not complied with the requast, to lhe City and to the Consultant.
(2) A notice complies wlth subparagraph (1}(b) if It is sent io the City's custodian of
publlc records and to the Consultant at the ConsultanYs address listed on its
contract with the City or to the Consultant's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed,or certified mail,with postage or shipping paid by the sender and with
evidence of delivery,which may be in an electronic format.
(3) A Consultant who complies with a public records request within 8 business days
aiter the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATiON OF CHAPTER 119, FLORiDA STATUTES, OR AS
TO THE CONSULTANT'S DUTY TO PROVIDE PUBLlC RECORDS
RELATING TO THiS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
�o
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CITY �F MIAMI E3EACH
ATTENTION: RAFAEL E. GRANADO, CITY CL.ERK
1700 CONVENTION CENTER DRIV�
MIAMI BEACH, FLURIDA 33139
E-MAIL: �2A�'A�LGRANAD�i,AM18EAGH�L.GOV
PMON�: 305-673-7411
10.8 FORCE MAJEURE
(A) A "Force Mojeure"event is an event thal (i}in fact causes a delay in the performance of
the Consultant or the City's obligations under the Agreoment, and (ii) is beyond the
reasonable control of such party unable to perform the obti�aiion, and(iii)is not due to an
intentional act, error, omission, or negligence of such parly, and (iv) could not have
reasonably been foresoen and propared for by such party at any time prior to the
occurrenc:e of the event. Subject to the (oregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, fires, epfdemics, pande►nics, terrorism,
sabotage, explosions, embargo rostrictions, quarantine restrictions, transpo�tation
accidents, strikes, strong hurricanes ar tornadoes, earthquakes, or other acts of God
which prevont performance. Forca Majeure shall not include teclmological impossibility,
inclement weatf�er, or failure to secure any of lhe required {�ermits pursuant to the
Agreemant.
(E3} If the City or ConsultanYs 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 of the event or of the commencoment of any such delay, but in
any case within fifteen(15)business days thereof, provide notic;�: (i)of the occurrence of
event of Farce Maj�ure, (ii) of the nature of the evont and thc. cause thereof, {iii) of the
anticipated impact on the Agreement,(iv)of the anticipated period of the delay, and (v)of
what course of action such pariy plans to take in order to rnitigate the detrimentai effects
of the event. The timely delivery of the notice of the occurrence of a Force Majoure event
is a condition precedent to allowancP of any relief pursuant to this section; however,
receipt of such notice shall not constitute�cceptancP that the ovent claimed to be a Forc;e
Majeure event is in fact Force Majeure, and the burden of proof of the occurronce of a
Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure io carry out its obligations under tho Agreement
during a period when such party is rendered unable, in whole or in part,by Force Majeure
to carry aut such obligations. The suspension of any of fhe obligations under this
Agreement due to a Force Majeure event shall be of no greater scope and no longer
duration than is required. The pariy st�all use its reasonable best efforts to continue to
perfarm its obligations t�ereunder to the extent such obligations are not affected or are
only partially affectPd by the Force Majeuro event, and to correct or curo the event or
condition excusing performance and othc�►wise to remedy its inabiliEy to perform to the
extent its inability to perform is thQ direct rosult of the Farce Majeure event with all
reasonable dispatch.
(D) Oblic�ations pursuant to the Agreernent that arose before tlie occurrence of a Force
Majeure ev�nt, causing the suspension of performancc, shall not be�xcused as a result
of such occurrence unless such c�ccurrence m��kes such performance not reasonably
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I
possible. The obligation to pay money in a tirnely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shali not be subJect to the
Force Majeure provisions.
(E} Notwithstanding any other provision to the conirary herein,in ihe event of a Force Majeure
occurrence, the City may, at the sole discretion of the City Manager, suspend the City's
payment obligations under the Agreement,and may take such actfon without regard to khe
notice requirements herein. Additianally, in the event that an event of Force MaJeure
delays a party's performance under the Agreement for a time period greater than thirty
{30) days, the City may, at ihe sole discretion of the City Manager, terminate the
Agreement on a given date, by giving written notice to Consultant of such termination. If
the Agreement is terminated pursuant to this section, Gonsultant shall be paid for any
Services satisfactorily performed up to the date of termination; following which ihe City
shall be discharged from any and all Ilabilities, dut(es, and terms arising out of,or by vi►tue
of,this Agreement. In no event wlll any condition of Force Majeure exiend this Agreement
� beyond its stated term.
10.9 E-VERIFY
(A) To the extent that Consultant provides labor, supplies, or services under this Agreement,
Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibiliiy"
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
Statute, commencing on January 1, 2021, Consultant shall register with and use the E-
Verify system to verify ihe work authorization status of all newly hired employees during
the Term of the Agreement. Additlonally, Consultant shall expressly require any
subconsuliant performing work or providing services pursuant to the Agreement to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibiliiy of all new employees hired by the subconsultant. (f 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. Consultant shall maintain a copy of such
affidavit for the duration of this Agreement or such other extended period as may be
required under this Agreement.
(B} TERMINATION RIGHTS.
(1) If the City has a good faith belief that Consultant has knowingly violated Section
448.09(1), Florida Statutes,which prohibits any person from knowingly employing,
hiring, recruiting, or referring an alien who is not duly authorized to work by the
Immigration laws or the Attorney General of Ihe United States, the City shall
terminate this Agreement with Consultant for cause, and the City shall thereafter
have or owe no further obligation or liability to Consultant.
(2) If the City has a good faith belief that a subconsultant has knowingly violated the
foregoing Subsectlon 10.9(A), but the Consultant otherwlse compfied with such
subsection,the City will promptly notify the Consultant and order the Consultant to
Immedlately terminate the contract wlth the subconsultant. Consultant's failure to
terminate a subconsultant shaH be an eveni of default under this Agreement,
eniitling 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 contract and may not be considered as such.
(4) The City 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
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(B}(2) no later than 20 calendar days after ihe date on which the contract was
terminated.
(5) If the City terminates the Agreement with Consuitant under the foregoing
Subsection(B)(1), Consultant may not be awarded a public contracf for at least 1
year after the date of termination of this Agreement.
(6) Consultant is liable for any additiona! costs incurred by the City as a result of the
termination of this Agreement under this Section 10.9.
10.10 CONSULTANT'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING IAWS
Consultant agrees to comply with Sectian 787.06, Florida Statutes,as may be amended from time
to time, and has executed the Anti-Human Trafficking Affidavit, cantaining the certification of
compliance wlth anti-human trafficking laws,as requlred by Section 787.�6(13), Florlda Stafutes,
a copy of which is attached hereto as Exhibit B.
10.11 PROHIBITION ON C�NTRACTING W1TH A BUSINESS ENGAGING 1�1 A SOYCOTT
Consultant warrants and represents that it is not currently 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 ON CONTRACTIIVG WITH AN INDIVIDUAl.OR ENTITY WHICH HAS
PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR GITY
ELECTED OFFICE �
Consultant warrants and represents that, within two (2} years prior to the Effective Date,
Consultant has not recelved compensation for services performed for a candidate for City elected
office, as contemplated by the prohibftlons and exceptions of Section 2-379 of the City Code.
For the avoidance of doubt, the restrictions on contracting with the Cfty pursuant to Section 2-
379 of the City Code shall not applv to ihe following:
{a) Any individual or entity that provides goods to a candidate for office.
(b) Any individual ar entity that provides services to a candidate for office if those same
services are regularly performed by the individual or entity in the ordinary course of
business for clients or customers other than candidates for office.Thls Includes,without
limitation, banks, telephone or internet service providers, printing companles, event
venues, restaurants, caterers,transportation providers, and office supply vendors.
(c} Any individual or entity which performs licensed professional services (including for
example, legal or accounting services).
10.13 PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF
CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION
MAY BE ACCESSED [NOTE: ONLY INCI.UDE IF APPLICABLEI
Consultant hereby agrees to comply with Section 287.138, Florida Statutes, as may be a►nended
from fime to time,which states that as of January 1, 2024, a governmental entity may not accept
a bid on, a proposal for, or a reply to, ar enter into,a contract with an entity which would grant the
entity access to an Individual's personal identifying information {PIIj, unless the entity provides
the governmenta(entity with an a�davit signed by an officer or representative oi the entity under
penalty of perjury attesting that the entity does not meet any oi the criteria in Paragraphs 2(a)-(c}
13
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of Section 287.138, Florida Statutes:(a)the entity is owned by a government of a foreign country
of concern; (b} the government of a foreign country of concern has a controliing interest in the
entity; or(c) the entity is organi2ed under the laws of or has its principal place of business in a
foreign country af concern(each a"Prohiblted Entity"). A foreign country of concern is defined in
Section 287.138(1)(c}, Florida Statutes, as may be amended from time to time, as the People's
Republic of China, ihe Russlan Federation, the Islamic Repubiic of Iran, the Democratic People's
Republic of Korea,the Republic of Cuba,the Venezuelan regime of Nicolas Maduro,or the Syrian
Arab Republic, including any agency of or any other entity of significant control of such foreign
country af concern.Additionaily, beginning Ju(y 1,2025,a governmental entity may not extend or
renew a contract with a Prohibited Entity. Consultant warrants and represents that it does not fail
within the definition of a Prohibited Entity, and as such, has caused an authorized representative
of Consultant to execute the"Prohibition Against Contraciing with Eniities of Forelgn Countries of
Concern Affidavit", incorporated herein by reference and attached hereto as Exhlbit C.
SECTION 11
N�TICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representafives of the Consultant and the City listed below or may be mailed
by U,S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
Until changed by notice, in writing, all such notices and communications shall be addressed as
follows:
TO CONSULTANT: Xylem Water Solutions U.S.A., Inc.
15132 Park of Commerce Boulevard, Suite 102
Jupiter, Florida 33478
TO CITY: City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
With a copy to:
Public Works Department
City of Miami Beach
451 Dade Boulevard
Miami Beach, FL 33139
Notice may also be provided to any other address designated by the party to receive notice ff such
alternate address is provided via U.S.certified rnail, return recelpf requesfed, hand delivered, or by
overnight dellvery. In the event an alternate notice address is properly provided, notice shall be sent
to such alternate address in addition to any other address which notice would otherwise be sent,
unless other delivery instruction as speclfically provided for by the party entitled to notice.
Notice shall be deemed given on the date of an acknowledged receipt, or,in all other cases, on the
date of receipt or refusal.
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SEC710N 12
MISCELLANEOUS PROVISIONS
12.9 CHANGES AND AADITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modificalion, amendment, or alteration of the terms or conditions confained herein
shall be effective unless contained in a writfen document executed with fhe same formality and of
equal digntty herewith.
'i2.2 SEVERABILITY
If any term or provision of this Agreement ts held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every oiher term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modi(ication of this Agreement. A party's waiver of any breach of a provision of this
Agresment shall not be deemed a waiver of any subsequent breach and shall not be construed
ta be a madification of the terms of this Agreement.
12,4 ,IOINT PREPARATION
7he parties hereto acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a fufl and complete undersianding of all rights
and obiigations herein and that the preparation of this Agreement has been a joint effort of the
parties,the language has been agreed to by parties to express kheir mutual intent and the resulting
document shall not,solely as a matter of judicial Consiruction,be construed more severely against
one of the parties than the other.
92.5 ENTIRETY OF AGI2EEMEN7
The City and Consultant agree that this is the entire agreement between the parties. This
Agreement supersedes all prior negotlallons, correspondence, conversations, 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 nok
contalned in this document. Title and paragraph headings are far canvenient reterence and are
not intended to confer any rights or obligaiions upon the parties to this Agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONAI..LY BLANK]
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1
IN WITN�SS WH�R�OF, the parties hc�reto havc c�us�d tf�is Agreement to bQ executQd
by their appropriate officiais, as of ihe date first entered above,
FQR CITY: CITY OF MIAMI BEACH, FLURIDA
ATTEST':
DocuSigned by: }
KA�A.�.�, GV'A,bI.U.�.b �y, � t I l,�y`
a'�c� . ado,Cily C1ork Eric T. Carpente , City Manager
Date: �0/10/2025�4:43 EDT
FOR CONSULTANT: XYLEM WATER SOLU710NS U.S.A,,
INC.
ATTEST:
_s
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� .��G By: �-----c�
�.T�rF� '�� 2e� �,�-a.��
t � f _ 1
f �r
�<��._Li,:t � <`�(;�((:{(%7 t(.i! � st�,_i�.�ti �l�l C.(:i ��1 Ct' ��1��
Print Name and Titie Prink Name and Titie
�
�: _....,_
D�te: �:..' � ��.,._
Af�PRQVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(��,�1�,(�_�' f ii`�1;}--_ I(��(�%��:'�i
` City Aitomey � - Date
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16
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EXHIBIT A
SCOPE OF SERVICES
Contractor shall seil Flygt submersible pumps(the"Pumps")to the City.Contractor shall also selt
related equipment,parts,and software(collectively,"Products"),as needed,to the City.Contractor
shall provide related services including, without limitatlon, installation of the Pumps and
performance of repairs (the "Product Related Services"), on an as-needed basis, as determined
and requested by the City pursuant to a written purchase order(a Purchase Order"), pursuant to
the terms of this Agreement. The sale af Products to the City and the provision of the Product
Related Services shall be collectively referred to herein as the"Services".
DISCOUNTS AND LIST OF FIXED PRICES
- --- -- --------
item Descri tion Unit Price/% Discount
1 Pumps 5%for annuai sales u to$500 000
7.5%for annual sales over$500,001 to$750,000
10%for annual sales over$750,001
2 Parts 5%for annuai sales up to$500,000 _
7.5%for annual sales over$500,001 to$750,000
10%for annual sales over$750,001
Hourly Labor Rate for
3 Re airs $135.00 Per Hour
4 Environmental Fee
1 to 10 HP $50.00 Each
11 to 50 HP $70.00 Each
Greater than 50 HP $98.00 Each
5 Lubricants and Materials
1 to 10 HP $40.00 Each
11 to 50 HP $61.00 Each �
Greaterthan 50 NP $98.00�Each
6 Flan e Drillin $270.00 Each
17
Docusign Envelope ID:098E0874-D41A-459F-B2AF-57DC535495F4
I �
EXHIBIT B
ANTI-NUMAN TRAFFIGKING AFFIDAVIT
In accordance with Section 7E37.06 (13), Fiorida Statutes, the undersigned, on behalf of
Consuitant hereby attests under penalty of perjury that Consultant does not use coercion for labor
or services as defined in Section 787.OG, Florida Statutes, entitled"Fiuman Traf(icking".
I untlerstand that I am swearing or affirming under oath to the truthfulness of the claims made in
this afiidavit and ihat the punishment for knowingly making a false statement Includes fines andlor
imprisonment.
T"he undersigned is authorized to executo this aifidavit on behalf of Consultant.
CONSULTANT:
XYLEM WATER SOLUTIONS U.S.A., INC., a Dofaware corporation.
/"�' '"! `' ;;
� �.
<-T-r�._ G � �- �.�18 ,1�;y Kc�x;u.r ';�:��.-z- �u -�c �:ac�
Na e/Tltle: � T C 7 � ' ��:�` (Addres ) ;'�.`�rr•(v� ,UC,}�'3�7
State of ��a^��-�,l C t"a ro(s i�t�...-
County of �b��:=t !,"_f=',����tr(��
'i'he foregoing instrument was acknowledc�ed before me by means of L�'physical presence or ❑
oniine notarization, this `� day of ' �'. � ��, �'� 202;.'-s" by
�;�.y�:�j..; ��L Y::�:�.� ,as.�_::� ;~`;��r�:`C,�C�s�--�� , of XYLEM WATER
SOLUTIONS U.S.A., INC., a Delaware corporation, known to m.g_to„be the person described
herein, or who produced_ as idenliflcation, and who did/did
not take an oath.
t�JIJTARY�BLIC• �----�
� ` �
> t,
,, .�,
�� ._ t ;..i"..i �' 't<.�:: i <F ``\P�NLE �q���'
``{Signature .;i �.� ��,
. �
. „
4 � �._k. � � ;w �a�ca�y :
, ..i��r� .. w
` U:
(Print Name) _� : G Z_
i :�i pU@4� ^:
My comrnission expires:�`-'�i� � i %;��� �,0���
' �`'-r�FNBUaG���.
�'�►�ti��N�
'1 B
Docusign Envelope ID:098E0874-D41A-459F-82AF-57DC535495F4
I
�xHiBir c
PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN
AFFIDAVIT
In accordance with Section 287.138, Fiorida Statutes, incorporatod hQrein by reference, lhe
undersigned, on behalf of Consultanl, horeby attests under pen�lty of perjury that Consultant
does not meet any of the following cr(teria in Paragraphs 2{a}-(c)of Section 287.138, Florida Statutes:(a)
Consultant is owned by a government of a foreign country of concern; (b) the governrnent of a foreign
country of concern has a controlling Interest in Consuitant;or(c)Consultant is arganized under the laws of
or has its principal place of business in a foreign cpuntry of concern.
I understand that I am swearing or affirming under oath, under panaltios of porjury, to the
truthfulnoss of the claims made in this affidavit and that the punishment for knowingiy making a
false stafement includes fines andlor imprisonmeni.
The undersigned Is authorized to execute this affidavit on behalf of Consultant.
CONSULTANT:
XYLEM WATER SOLUTIONS U.S.A., INC.,a I]elaware corporation.
r--l� i,�-
-'' ,--
�--•= ��--......--'r-� ��':� ���0.7�- ��
- �------- �-' ,,s<'_''r ,t,��-c.+...�:��.� �tti�K ZOO
Na�le/Title; � evt .. �t�.c� 1i ' i�{���.f (Addr�ss) �i��,(p.�(e h{C 2�'2i'7
State of �3 ��� ���r��;(„c�.�
County of ����,�L_.��.k�..�`%�,..�..k��"��
f:
The foregoing instrument was acknowledgeci before me by moans of 8�5fiysical presence or❑
onlino notarization, ihis `� _ day of_ �Y" !�f��f��_L_____, 202_':> by
,.i s,��.��� w�.°r�:..c ��: , as����i�t��.:<iz �; _:.�. ,ofXYLEM WATER
SOLUTIONS U.S.A., INC., a Delaware corporation, known t4 niQ.taba.the_�erson described
herein, or who produced as identification, and who didldid
not take an oath.
NOTARY PI�BLIC: .---
� 1
`: �: � �� -'- ���Illl��rii
, ;` �. . ....e. ��',:;; �.�`�NEE Dq��'�.
'. (Sign ture) . �.. Q, ��'-.
, - •-., -..--i.� ��,� .
, . �,.� r f,�*;i f_'z�� :ttJ p'fAHy :
.��---k�:_----- ` -�--- � �` V:
{Print Name) � _ -
! �?�, pU6�-�� ��
�
My commission explres:_� ) �''-�,: `- a ; •,��C GO;�`�`
``��_�
'J ' �''��,�FNBUP���`.
'>>rr�i����`
19
Docusign Envelope ID:098E0874-D41A-459F-B2AF-57DC535495F4
Docusign Envelope ID 2EFFASFO-EOBE-4212-678C-A08EDAA6AD64
Uocusiyn Cnvelope ID FA8f=5230-3t3A(3-448C-tt87C-582G811C45J0
RESOt,UTiON NO, zQZ5-33660
A RESOLEITION OF THE MAYC?R AND CITY GOMMISSIUN OF THE �ITY
C�� MtAtVii BEAGH, �L.C}FtIDA, AUTHOF2IZING TH� CITY MANAG�R,
�URSUANT 7q SECTION 2�391 UF TH�CITY CODE,TO NEGQTfATE AND
EXECUTE NEW AGR�EM�NTS FnR THE PURCHASE OF CITY
STAtJDAf�D{ZED WASTE AND S'fC7RMWA7EF2 PUMF' EQUIt'MEN'I',
RARTS, SOFTWARE, AND SERVIGE FQR TNE CITY'S PUMP STATI4NS
WITM: (1} XYLEM WATER 50LUTIONS USA, THE SC7LE SUPPLIER FOR
THE "FLYGT" BF2AND PUMf� EQUI(�M�NT, PAR�i'S, SOFTWARE, AND
SERVICE (CUf2aENT AGFtEEMEN7 EXPIRES QN MAY 91, 2025); AND (2)
HYdRA SERYIC�, TNE SOLE AU"CI-IC3i21��p SUPPLI�R FC)F� THE
"SUt_ZER" BRAND PUMP EQUIPMENT, K'ARTS, SOFTWARE, AND
S�RVIG� (CURRENT AGREEMENT EXPIRES ON MAY 21, 2025), WITH
TME NEW AGREEMENTS NAVING A TERM NOT TO �XGEEO FIVF (a)
Y�ARS, COMMENCING RETF20ACTIVELY AS �F THE EXPIRATIUN
DATE5 OF THE CURRENT AGR�EMENTS; AND FURl'4iER,
AU7NORIZfNG PURCWASES OF PUMP �QUIPM�NT, pARTS,
SOFTINARE AN[a SERVICES FRdM TNE F(�REGOING VENDORS IN AN
AMOUNT NDT Td EXCE�D THE AMbUNT APPROPRIAT�D ANNUALLY
FC}R THES� PRQpUCTS TNROUGH THE CfTY'S BUDGETING PROCFSS
f=0F2 EACH FISCAL YEAR.
WHEftEAS, the City of Miami Beach ("City") Public Works bepartment ("Public Works")
operates and maintains over 100 submersible pumps;and
WHEREAS, the purpose of these pumps is to: {i) convey wastewater frnm the City ta
1Cirgin�a Key, (ii) remove stormwater irom City streets, and (iii) mitic�ate anri coritrol iloodiny
conditions in the City during tho yearly King Tides; and
WHER�AS, SP.CtiOn ?_-391 of the City Codp stipulates that when stand�rdiz�tion i5
determineci to be in the best interest of the City, the purchase of goads and servicas may be
negotia(ed with the written approval of the City Manager and s�abject to City Commission apprqval
far goods and services at amounls in excess of the formal bid thresholds established in 5ecfion
2-366 of Iho Ctly Cpde,which is currenUy$10p,Q00 00;8nd
WHEREAS, on March 1, 2q17, the Mayor and City Gommission adopted Ftesolution Na.
2017-?97f33 and 2U97-2978�, s�uthorizing the purchas� of Sulzc;r and Fly�t, pump equiprnc;nt,
parts, software, service and relate:d items irom I-lydra 5ervice, Inc, and Xylern W�ater Solutions
U.5.�A,for tho p�aposcs of standardizing submersiblo pumps r.itywiUe,in an amount noi to excecd
$50a,fl�0.00 annually from each vendor, far a period af?hree years;and
WHEFtCAS, on February 12, 2020, the Mayor and City Commission adopled Resolution
Np. 2020-3'1161, approving and authorizing the City Manager, pursuant to �ectian 2-391 of the
City Code,to negotiat�and execute agreements for the purchase of City standatdized waste
and stormtvater pump PquipmPnt, parts, sofhvare, and service for tl�te City's pump stations
with: (1)Xylerrr Water Solutions USA,the sole supplier for the"FIyc�Y'b�and pump equipm�nt,
parts: soflware, and service; at7d (2} t�lydra �srvice, the sale autharized supplier for the
"Sufzer" brand pump eyuipment, parts, saftware, �nd service, with such agreements haviny
Docusign Envelope ID:098E0874-D41A-459F-62AF-57DC535495F4
Docusign Envelope ID:2EFFA5F0-EOBE-4212-B78C-A08EDAA6A064
Docusiyn�nvelopc�D:f-A8F523(l-3HA[3-448G1387GCi876i311C45�0
a term not to exceed fivo (5) years; and further, autf�orizing the purchases of pump
equipment, parts, software and services fram tt�e foregoing vendors in an amount not to
exceed ttie amount appropriated annually for these products through the City' s budgeting
prac,ess; and
WHER�AS, the agreement wikh Xylem Water Solutions USA is set to expiro on May 11,
2025 mnd lho agreomsnt with (-iydra Service is sei to oxpire on May 21, 2625; and
WHEE2EAS, bassd upon the fact that over the years the equipment has proven to be of
excenlior7al quality and reliability, provides an oxpedited replacement of oqui�ment, and has
�liminated U�e need to kesp a large inventory from variaus suppliers, the City Manager
r�cunnnenc7� authuii�iny tlie Adrninistr�li�n to i�egoti��e �nd execuli r�ew ayre;t;rtients fcx lhe�
purchase of standardized sub��iersible Sul2or and Flygt pumps from; (1)Xylem Water Sqlutions
IJSA, tt�c sale supplier for the "Flygt" brand pump equipment, parts, software, and service;
and (2) Hydr� Service, the sole authorized supplier for the "Sulzer" brand pump equipment,
parts, software, and service, with such new agreements having a term not to exceed five (5}
yEars from the expi�ation dates of tha current agreernents; and further, approving the
purchase Ai pump equiprnent, parts, software and services from the foregoing vendors in an
amount not to exceed the amount appropriated annually for these�raducts through the Cify's
budgetin,y process for each fiscal ysar.
NOW, THEREFOR�, BE IT DU�Y RESOLVED �Y THE MAYOR AND C1TY
COMM{SSION OF THE GITY OF MIAMI B6ACH, F�,QRIDA, tY�at the Mayor and City Commission
tiereby authorize the City Manager, pursuant lo Section 2-391 of the City Code. to neyotiate
and execute agreements for the purchase of City sta�dardized waste and stormwater pump
equipment, parts, sofiwar�, and service for the City's pump stations with: (1) Xylem Water
Soliitions USA, ths sole sup{�lier for the"F=1ygY'brand pump equipment, parts, software, and
s:�rvice (current agreement expires on May 11, 2025); and (2) Nydra Service, the sole
auttiorizad supplier far the "Sulzer" brand pump equipment, parts, software, and service
(current agreement expir�s an May 21, 202.5),with the new agre�ments having a term not to
exceed five {5) years; cammencing retroactively as of the expiration d�+te,s af the current
agre•r.mcnts; and further, autPiorize purchases of pump equipment, parts, soffw�re and
s��vices from the forec�oing vendors in an amo�mt not to exceed th� amount appr�priated
annually for these products through the Ciry's budgeting process for each fiscal year.
PASSED and ADOPT�D tl�is -�� day of ma�' 2025.
— --a-
a��rEST: ._..-_ .
,,,,.,i-n.. ..�1_.-n.vL..._.�.._
- --.—. ---—---- —
Steven Meinc�r, Mayor
MAY 2 7 207_5
Rafael E. Gtar�a o Cit Clerk
, Y
�tr�,�.a�c
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= ''.''Y�" `` `: APPf20Vf:D AS TO
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s.;9'r�� .��-� &FQR EXECUTIQN
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Docusign Envelope ID:2EFFA5F0-EOBE-4212-B78C-AQBEDAA6AD64
Docusign Fnvelope t�.FA8�5230-3Cih6-44gC-kS87C-5u28311C4590
Rasolutions-G7 N
MIANII �EA�H
COMMiSSiON MEMORANDUM
TO: Honorable Mayor and Members of the City Cammission
FRpM: �ric Carpentar, Ciry Mana�er
OAT�: M�y 21, 2025
Tl rl.�: A RE�SOLUTION O� THE MAYOR ANn CITY COMMISSION OF THE CITY �F
MI<1M1 BEAGH, FLl1RIDA, APPROVING ANI.? AUTNUFtIZiNG 1'H� GI4Y
MANAG�R, PURSUANT TO SE.CTION 7.-391 OF TIIE GITY C(�DE, T�O
NEGOTIAlE AND EXECUTE AGREEMENTS F�R T41C PURCNASF QF CITY
S�fANDARUIZED WAS�i'E AND STORMWATFR PUMf' EQUIPMENT, PAF2TS.
SOFTWARE, AND SE�RVtC� f pR THE GiTY'S PUMP STAI'IUNS, WI7H (i)
XYLEM WATER SOLUTIONS USA, THE SOl.E AUTHORIZED SUPPLIFR FOR
THE"FLYG7"E3E2AND PUMP EQU(PMENT,PARTS, SOFTWARE,At�D SERVIC�;
AND (2) HYD�tA SERVIC�, THE SOLE AUTHQRIZED SUPPLIER FOR THE
"SULZER" �3RAND PUMP EQUIf�MENT, PAFtTS, SOFTWARE, ANU SERVICE,
WITH Sl1CH AG���MENTS HAVING A TERM NC)T TQ�XCFED FIVE(5)YEARS;
FURTHER, AUTNOR121NG PURCHASES C�F PUMP EQUIPMENT, PARl'S,
SOFTWARE ANQ S�RVICES Ff20M THE FOREGOING VENDC7RS iN nN
AMOUNT NOT T� EXCE�I� �CHE AMOUNT APPR(aPR�A7FD ANNUALI_Y FUR
THES�PRODUC75 7NROUGH THE CI7Y'S BUDGETING PRUCESS.
REGOf l�IM�NUATION
7he Administratian recommends authorizing the negotiation and execution of agreements for the
purchasa of City standardized waste and stormwater pump e�quipment, parts, scr�tware and
service for the City's pump stations with(1)Xyiem Water 5olutions USA("Xyf�m"),and(2)Nyclra
Setvice ("Hydra"), for the term not tq exceed five (5) years, in the nat to exceed amount
ap{.�ropriated annu�illy for these praducts throu�h the City's hudgeting pro�ess.
BACKGROUNOfHISTURY
The City of Miami Beach ("Cdy") Pubhc Works pepartment ("Public Works") operates and
maintains avQr 100 submersible pumps.
She purpose of these pumps is to convey wastewater from the City to Virginia Key and Ihe
sFormwater from City streets. Additionally, these pumps help to mitiyate and contra! flooding
condiUons in the City during the yearly King 7idas.
Section 2-391 oi th�C:ity Code stipulates that, when a standardir_ation is d�termined tn be m the
bost intarest of the City, the purc;h��se oi gaods and services may be negotiated with the writte�i
approval of the City Manager,and subject to City Commission appraval when the amou�ts exceed
the fom�al bid thresholds est�blished in Section 2-36$.
On March 1,2017,lhe Mayor and Ci1y Comrnissian("City Coirn7iission"}appr�ved Resalution No.
2017-2�7$3 and 2017-2J784, autharizir�,y the purchase af Sulzer and �fygt, pump equipment,
parts, so(tware, s�rviCe and related items (rom Hyd�a, and Xylem, for thr� purposes of
standardizing submersible pumps Citywide, in th�not to exceed amount of$SQ0,�00 from e�ch
vendpr, annuaily, tor � pc;riod of three (3) ye.ars. Un February 12. 202.0, the C:ity Cornmission
approved an extcnsi�n to the agrc�ement,tar an aclditiona�five(5)years,set to expire the end of
M�<�y 2025,via Resnlution 7_020-31161.
7&7 r�f 271.J
Docusign Envelope ID:098E0874-D41A-459F-B2AF-57DC535495F4
Docusign Envelope ID:2EFFA5F0-EOBE-4212-B78C-ADBEDAA6AD64
(Jvcusi�n I'rnvelope IC:f=A8F5230-3(3AH-448C-t387C-5826811(;�5�J0
ANAI.YSIS
Public Works seeks authority to continue to pur�;hase st�ndardized submersible pumE�s from
Sulzer and FIygR, as over the years, the aquipmc�nt has proven ta be of exceptional quality and
retiability,provide an expediied replacement of equipmen,,and h�ve eliminated the need to keep
a large inventory irom various suppliers.
F1Ynt PumAs
7he City currently has approximately 1(10 Flygt brand �umps instalted in th� Ciiy's wastewater
and stnrm wate� infrastructure that reyuiies parts and service. F{ygt is a brend of subm�rsible
pumps, mixers, and fluid handling tect�nofogy. Yne City's Procurement Depariment
("Procurt�ment") hc�s verified that Xylem is tho exclusive authorized supplisr for this r�gion. City
slaff has negatlated an ac�rvement with Xylem,whict�establishes t�5%percent discaunt(rom q�e
Manufacturer's Suggested Retail Price{"MSRP"),(or annusl sales up to�50�,000,a 7.5%perce�it
discount for annual sales from $500,001 to $750,000, and a 1Q°!o percent discvunt for annual
sales ovor$7SO,DUl,with a five(5}year t�rm from the effedive date. Upon mutuat ag�eement of
bath parties,the Ag�eement may be revio+ued and renew�d for an additional five(5)yaars,uridor
thP same terms,conditions,end pricing,or as othe�wise negotiated and agreed upon in writing.
Sulzer Rump5
Similarly, the City currently has appraximately 14 Sulzer brand pumps installed in the City's
wastewater and storm water infraslructure that requires parts and serv(ce. This brand oi
subrnersible pumps is considered high quality, durable, and is used by many diCferent
municipalities including Miami-Dade and Orange County, Hydra is the sole supplier af Sulzer
pump brand products for tl7e City's y�ograpP,ic region. Nydra offers industry iong-terrn
experience,strong technical corn�etc�ncies,and co�tinuous innov�tion, allowing them to provide
outstanding reliability and performance.
City staf(tias neyoti�ted�n Agreerneril wiUt Hydra, estabGshing a 10°/a p�rcent discount fron�the
MSRP for pumps and parts, `or annual sales, with a flve (5) y�ar term from ttie effective date.
Upon mutual agreement of bpth parties, the Agreement may be rQviewed and renewed for en
�dditionaf�ive(5)years,under the same terms,conditions,�nd prir,ing,or as otherwise negotiated
and agreed uport i�writing.
Additianally, Public Warks has estabiished the standarcfiz�ticm ol these submersible pumps and
re�cpmmends c:antinuing these services in an offort to improve the City's wastewater and
stormwater systems. 1'hese pum�s have proven to help prevent the streets irom flooding, and
sewage Cr�m overflowing onla the streety. E3aih vendors havc�dernonstrated tho ability to service
the submersik�Ie pu�ips in a timcly and axpeditecl rrianner.•�vith�adequ�te suppo�t needed for long-
term operational use of the equipment. Mor�over,through this standardization,Public Works has
becri aFifc tn remove previae�sly installed.ubntersible purnps from vendvrs wf�o are na longer iri
business or whose parts cc�nsidered nbsolete.
5ince tf�e standardization of these prcxiucts, an approximate $4.5 Millioi7, has been s�ent in the
purcltiase ai pumps, pat1s and other services to ensure th� City's wastewater and stormwater
pump stations'apt;mal performance. Fu�ther, as a result of the expeditod prc�curcmant process
estabfishf:d by Resalulion No. 202t)-31161 for standardizing of said equipment, Public Warks
campleted i1s in-house res(c�ration oI Terminal Isl�nd's Sewer Pump Station#3Q, which included
the replacerrtent of nbsolete sewer pumps with Flygt submersible pumps ((or ycars this pump
stalioii had ren�air�ed in an "+ncomp(ete" martilorium status and buildin,y permits f�r new
canstructian clr_n�ed}. Since its restar�tion,the station's rnoratorium status has been lifted. Mo�t
recently Sewer Pump 5tation#31,located on Washington Avenue and 3rc1 Street, has also bee��
rUsto«:d(thr•.:ac;c�F�c;4I1CIlJCIC(j II1P.OVE:t'}lauling of tho exi,ting Flygt pttrttps),was enmple;ted without
issues in an �xpeditious nzarm<:r. As a result, the station's downtime durin�� rt:5toration was
siynificanUy reduced.
768 of 2 719
Docusign Envelope ID:098E0874-D41A-459F-62AF-57DC535495F4
Docusign Envelope ID:2EFFA5F0-EOBE-4212-678C-AOBEDAA6AD64
Docusi�n Envelope 10:FABF57.30-3[3A8-4A8C-gg7C-5826811C45�J0
Overalf, the City's exparic�nce +n dealing with Hy<ira and Xylem has been a positivc� one. Parts
��rc�r�adily available co+ttipareci ta other brancSs, and spare purnps are now in stock for most pump
stations, thcreby r�,aduc�ng Inc Icad Gme For dclivcry of ��umps and equipment, b��i more
importantly, ruduci�ig p�mip str�tion cfowntime during pump failures. Fly�t is able 10 perform
preventive mainten��nce of Flygt purnps on-site.wh�ch reducPs time and cost associated with the
rernoval and trans��ortaGon of pumps lo pump shoE>s or�ther (aCibties. Fioth vendors 3(s�off�t
fr�e tr�inir�y for C�ty fechnicians (Sul�er recently providr,d persqnnel lraii�ing to(::ity siaff on the
aperations and rY��intenance of 5ul•rer �>umpiny eq�,ipment) The autstanding r,ustomer service
provicled by these vendors contiriues to pl.�y a Sic�nificant role in the adv�nces and improvemerits
rn�do tc�the City's wastc:wat�>r and slormwatcr infraslruciure.
Pubfic Works stranyly believes that ii thc� newly estahlished pump st:and��rd docs not r..ontinue,
th��tforts and benE�fits listr,d abuve wil4 bc lost. The C�ty's wastewater and stormwa:er systerns
havc begun to function thc way they wer�;intPnded to orerate. As suct7,the Admirustrativn seeks
approv�il tv r,ontinue.l�purchase Si.il�er ant-f Hlygt equipment,parts, sc�ftware,serwce x�nd reivteci
items.
F15CAL IMPACT S7ATEMENT
The purchase of Sulzer�►nd Fiygt equipmer�l wifl be funded by Operatii�g Expend+ture accounts
No. 425-0420-000343 and 427 Q427-000674.
GONCLUSfON
The AdministraUon recommends authorizing the negptiation and execution of ac��eements for the
purchase o( City stand3rdired waste and stormwatc� pump equipmenl, parts, software and
sernce for the C�ty's purnp staGans wiih(1)Xylem and(7.�Hydra, tor Ihe term nol to excecd five
(5}years,in the no;to excec�d amount appropri��ted annually for these products through the City's
h�ud,yetinc� process.
A,p�ticable Area
Citywide
{s this a '�Residents RigF�t_to Know" item, Is this item related to a GA�gond
pursuant ta Citv Code Section 2-17? Prolect?
Yes N�
DepartrnQnt
Public W�rks
Candensed Title
Lxec,ute Agmts, Purr,hase City Stand�rdized W�ste c4�Stc�rmwr.itc;r f�ump Fqui��ment. PW
Pre_vious Ar,tio�Fo�City_Clerk Use_Qnly�
769 ot 271�7
Docusign Envelope ID:098E0874-D41A-459F-62AF-57DC535495F4
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L)ocusign E=nvelope ID:f ABFS'1.30-3F3Al3-AASC-887G•58?.GH11C4vf30
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N/A � Pui thasc of Sulz�i l���nd Pump� � � ��F W Y�>.s�
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Fquipmenl P xts wftwar� Seraices,anJ Rtlat�d Items.
. . _--- -- -
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Hydra Sorvice(s� Inc_ind Xylem Water Solutions U.S.A.,INC Pub e Works L J f h f � y
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. � ,.'''{ J",a,f,.,,:�..;sm, �y 6J.� iF/g..r . J.v.t L 4'u; f�i �s . �. '--�"°' y.E:...._.
Typ�~l�Contra<t,amendment,change order,or task ord¢r resultingirom a procurementnisvmd competRfve sollciWtion.
_._____—....---...._.__.._._.--.. _._ ____�
x Type i. �Any ulher�;nnlraU,emendment,chana;u order,or task vrcier titat dues not resull trom a procurement•{ssued compr.t4tive solkitaUon.
_ — T _�_ —�_--
. 1"ypt Indepcndent ContrattorAbreement(I �) Type 6 Tenant/tgr�ement
. . ._. .._ ..-- --� .__��,....__---__._...._
iype i ur�nt��ronmpr�ts w[tt thn rily�s the rrr�pu n� 7ypr 7 tnt�r gow mmentai a�enty aqreement
— -- - __ _ . ._-
__ Typ� . CrAnt a�,rF..�.mvnts wlth thc Gty is thc�ra�zto _� iype R Ot6cr: _ _
�� '" � ljji%; �i��..�`h._...�.__.LL� � _. � �...� ::ti'�.*.'�,•j% �%:
Thc�C.ity of Miami Beach Public Works Department manages and maintains over]00 suhmersihle ptunps that transport
w�ter(rom the City of Miami Beach(the"Cily")to Vir�;inia Kcy,rernove stormwaier frc�m City sireets,and hel{�miligate
fioodin�during thc annual King Titles.
On March 7,7_017,the Mayor and City Commission adopted Resolutions No. 2017-29783 and 2017•2978A,authorizing
the�purchase of"Sulzer"and"flygt",purnp equipment,parts,software,serv<ce,and related items from tlydr�Service(s),
inc.and Xylem Water Solutions U.S.A,for the purposes of standardizing submersible pumps citywide for a period of three
years,
SubseyuenUy,on February 12,2020,the Mayor and City Comrttissfun adopted Resolution No.2020-31161,approving and
authorizing the City Manager,pursuant to Section z-391 of the Citv Code,to ne�;otiatc and execute a�rc_ernents for th�
purr.hase of City standardited wasce and Etormwater purnp equiprnent. These A�reements were with Xylem Water
Soi�itions USA,the sole supplier for the"Flyr�t"brand equipment,and Hydra Service(s),the sole authorized supplier for
th��"Sulzer'brand equipmeiit.The terms of lhese ngreements were not to exceed five(S)years and expirecJ qn May J.1,
2025.
On May 21, 20Z5, thc Mayor ��„<i c�ry con,�,+5sion adopted Resolution Wo. 2025-333G0, again airthoriz n� the City
Mana�er to ne�;otiaYe and exewle new Agreernc+nts with Xylem Water Solufions USA and Hydra Service�s). 'fhese
agreerrient.,also qovemed by Section).-3y1 of the City Code,are for the continued purchase of standardizeci"I�ly�;t"and
"Suir.er"pump equipment,K�arts,software,and services.Thi�new AgreemenYs are refroactive to the expiration date�(
the�previous contracCs and are valid for a term not to exceed f ive(S)years.
Sectian 1.-391,whcre standardir.atic>n is determined to bc des�rabie by the Procurement Director,the purchase of�!oods
and services may be conducted through negotiation with the written approval of lhe City Manager,and subjed tu City
Commission approval for goods and services at an amount in excess ot the formai bid thresholds.This process ensures
consistency in cqu�pment,streamlines proe.�remr.nt, and supports the City's I<�ng tenn infrastructure gaals.There(ore,
based on the justification stated herein and pur>uant to ResolutYon No. 2D25333G0 thaf deiegated �uthority to the
Mana�er to execute these Agreements; th:s ii�•�n seeks the City Manager's signaturc�in the attached Agreemencs.
� .' �'_�� �,�; f� y.t�� �.� ._. �� _..; Y.'._.,�� .- � ...�. �"i r ( `�y�8'...•��. -_J
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1 "Please no[c fundin;;Iisu�J for this�t�m is s«b�cu to th�City � Ycs x No
$A50,000 Commission approv�l of the PY 2p2G lldopted[ludgi>t" �
$�Q'i,00(1 4�/I)4J1 OUOU/-0 1.9-41 OUiL00 fJ0 00
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t.I or�ontra�ts lon�er than five yeais,con[act Yhe Procurement Repartment.?.Acta�h�ny suppo�Un�,expl matlon nc c d �d 3.Budget
approval�ndicates apprvval for the current liscal ycar only.future years are subject to City Commission approval ct the annual
.
ado��ted onerat�ng budget. .____ ---- _._.._-- - --- --- ---
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2U'15-33660 _��N } Miy�1 201�
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If no,c�xplain why CC approval is not required:
__._�._._.___._____�__..__.._.___._, . _ ______ --.--------.________..._�._-----____.__.� ___..—
Legal Form Approved: j X Ves� � No � I(no,explain bciow why(orm approval is not necessary:_
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�yn,n.� �..,�a} 9115:2025�T04�UT
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�3uclF;et: I�iformation Technologv: N/A
Is�dui a Gunr.�les ( � � BI1G/2025�10 5G l-AT
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Eludgel: ,...••, �
7'ameka Dito Stewart { g{�e$Itwu�f� �a➢At6J2025�t 1:59 CQT
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Risk ManagemenL Fleet&tacilfties: N/A
Marc Chevalier a. ..,..,
i (tierr,y(futµa.�ttl'9l1Gf2075�3'00 F:t)'i
_.._----------.___-- -------- -- - -----
Hwnan Resowccs: � � � OtheY:Keview nv- 9t10/20Y5�9.42 EDT
#' Monica Garcia
�
< Theresa[iuigas
�(� 8/10/2025�139 Cb7
Rev.3r16