Agenda 08/13/2024 Item #16C 9 (Approve agreement with Xylem Water Solutions USA, Inc. for a 5 year under a single source waiver)08/13/2024
EXECUTIVE SUMMARY
Recommendation that Board of County Commissioners, as ex-officio the Governing Board of the Collier
County Water-Sewer District approve Agreement No. 24-029-NS, “Xylem mixers, pumps and related
equipment, products, and services,” with Xylem Water Solutions USA, Inc., for a period of five years
commencing on October 1, 2024, under a single source waiver, authorize the Chairman to sign the attached
Agreement, and authorize expenditures under Board approved standardization of specialized proprietary
equipment and services in an estimated amount of $1,500,000 per Fiscal Year for an estimated total amount
of $7,500,000 for the duration of the Agreement.
OBJECTIVE: To continue consistency with the reliable products, equipment, and services that are standardized
and utilized at the critical infrastructure, water plants, wastewater plants, and wastewater collection system for staff
to provide continuous operations and maintenance of those critical facilities.
CONSIDERATIONS: On September 26, 2023 (Agenda Item 16.C.1) the Board approved a group of single-
source waivers, which included Xylem Water Solutions USA, Inc. (“Xylem”) for $1,000,000 for Fiscal Year 2024
only, with staff to seek formal agreements with the various vendors including Xylem for future years. Staff has
negotiated an Agreement with Xylem which is being requested for approval with this agenda item. With the growth
of the County, staff anticipates the annual spend will be approximately $1,500,000 for Xylem equipment, parts, and
services.
The Xylem brand pumps used throughout the County utility system received Board approved Standardization in
2018. To maintain warranty and proper functioning of the units, Xylem mixers are used. Uninterrupted pumping
capability is required to remain in regulatory and operational compliance with Florida Administrative Code (FAC)
chapter 62-600 (Domestic Wastewater Facilities), chapter 62-610 (Reuse of Reclaimed Water and Land
Application), and chapter 62-555 (Permitting, Construction, Operation, and Maintenance of Public Water Systems),
as well as other local, State, and federal rules and regulations. Additionally, Xylem's Flygt brand is included in the
County Approved Products List (Appendix F) in the Board Approved Collier County Water -Sewer District Utility
Standards Manual under Ordinance No. 2018-36 (Agenda Items 17.D and 17.E, July 10, 2018). As of July 2024,
the County has spent approximately eleven million dollars on Xylem products since 2012. It would cost the County
millions of dollars today to replace the equipment in design changes, installation, training, and possible failure of a
different brand, threatening public safety. The performance and reliability of this equipment has been at or above
industry standards.
Pursuant to Section Eleven, Procurement methods, subparagraph 11 of the Collier County Procurement Ordinance
2017-08, as amended, County staff requests that the Board find that it is in the best interest of the County to
purchase Process Mixers, Submersible Pumps, Grit and Internal Recycling Dry Pit Submersible Pumps,
Repair/Replacement Parts, and services for uninterrupted pumping capability throughout the utility system and
related materials from Xylem Water Solutions U.S.A., Inc., as a single source vendor for a duration of five fiscal
years upon Board approval. The Procurement Services Division posted a public notice of the County’s intent to
designate Xylem Water Solutions as a single source to the vendor community through its bidding platform for
seven days and did not receive any responses.
Staff recommends that the Board approve the attached Agreement No. 24-029-NS with a five-year term for an
estimated amount of $1,500,000 per fiscal year.
FISCAL IMPACT: Funds in an estimated amount of $1,500,000 per Fiscal Year have been budgeted and are
contingent to the Board’s approval for FY 2025 Collier County Water-Sewer District Operating Fund (4008), the
Water Capital Project Fund (4012), and the Wastewater Capital Project Fund (4014). As the utility system ages, the
quantity of materials purchased will vary depending on the actual repair/replacement needs and may exceed the
estimated expenditures over the life of the contract beyond $7,500,000 pursuant to Board approved operating and
capital budgets.
16.C.9
Packet Pg. 1042
08/13/2024
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and
legality and requires majority vote for Board approval. -JAK
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to
ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: To approve Agreement No. 24-029-NS, “Xylem mixers, pumps and related equipment,
products, and services,” with Xylem Water Solutions USA, Inc., for a period of five years under a single source
waiver, authorize the Chairman to sign the attached Agreement, and authorize expenditures in an estimated amount
of $1,500,000 per Fiscal Year for an estimated total amount of $7,500,000 for the entire duration of the Agreement.
Prepared by: Robert VonHolle, Director, Wastewater Division
ATTACHMENT(S)
1. W9_Xylem Water Solutions USA, Inc (PDF)
2. Sunbiz_Xylem (PDF)
3. Evidence of Authoriity Xylem Water Solutions USA Inc October 2023 (PDF)
4. COI_24-029 NS Insurance_ (PDF)
5. Collier County Agreement signed by Xylem 24_e copy (PDF)
6. E-Verify_Xylem (PDF)
7. APPROVED_Waiver_Xylem V2 (PDF)
16.C.9
Packet Pg. 1043
08/13/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.9
Doc ID: 29503
Item Summary: Recommendation to approve Agreement No. 24-029-NS, “Xylem mixers, pumps and related
equipment, products, and services,” with Xylem Water Solutions USA, Inc., for a period of five years commencing
on October 1, 2024, under a single source waiver, authorize the Chairman to sign the attached Agreement, and
authorize expenditures under Board approved standardization of specialized proprietary equipment and services in
an estimated amount of $1,500,000 per Fiscal Year for an estimated total amount of $7,500,000 for the duration of
the Agreement.
Meeting Date: 08/13/2024
Prepared by:
Title: – Public Utilities Operations Support
Name: Vincent Dominach
07/24/2024 2:56 PM
Submitted by:
Title: Division Director - Wastewater – Wastewater
Name: Robert Von Holle
07/24/2024 2:56 PM
Approved By:
Review:
Wastewater Robert Von Holle PUD Reviewer Completed 07/24/2024 3:01 PM
Public Utilities Operations Support Donna Deeter PUD Reviewer Completed 07/24/2024 3:15 PM
Public Utilities Department Vincent Dominach Level 1 Department Review Completed 07/24/2024 3:22 PM
Public Utilities Operations Support Katrina Lin PUD Reviewer Completed 07/25/2024 10:34 AM
Water Howard Brogdon PUD Reviewer Completed 07/25/2024 11:45 AM
Public Utilities Operations Support Joseph Bellone PUD Reviewer Completed 07/25/2024 1:00 PM
Procurement Services Sandra Srnka Level 1 Purchasing Gatekeeper Completed 07/25/2024 2:11 PM
Engineering and Project Management Matthew McLean PUD Reviewer Completed 07/29/2024 8:12 AM
Procurement Services Sandra Srnka Procurement Director Review Completed 07/29/2024 9:37 AM
Corporate Compliance and Continuous Improvement Megan Gaillard Additional Reviewer Skipped
07/29/2024 12:14 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 07/30/2024 9:41 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/30/2024 10:01 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/30/2024 11:34 AM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 07/31/2024 11:11 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 08/07/2024 1:01 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 08/13/2024 9:00 AM
16.C.9
Packet Pg. 1044
16.C.9.a
Packet Pg. 1045 Attachment: W9_Xylem Water Solutions USA, Inc (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.a
Packet Pg. 1046 Attachment: W9_Xylem Water Solutions USA, Inc (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.a
Packet Pg. 1047 Attachment: W9_Xylem Water Solutions USA, Inc (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.a
Packet Pg. 1048 Attachment: W9_Xylem Water Solutions USA, Inc (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.a
Packet Pg. 1049 Attachment: W9_Xylem Water Solutions USA, Inc (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.a
Packet Pg. 1050 Attachment: W9_Xylem Water Solutions USA, Inc (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.bPacket Pg. 1051Attachment: Sunbiz_Xylem (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.bPacket Pg. 1052Attachment: Sunbiz_Xylem (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.bPacket Pg. 1053Attachment: Sunbiz_Xylem (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
XYLEM WATER SOLUTIONS U.S.A., INC.
*****
UNANIMOUS CONSENT OF THE BOARD OF DIRECTORS
WHEREAS, the undersigned, constituting all of the members of the Board of Directors of Xylem Water Solutions U.S.A.,
Inc., a Delaware corporation formed pursuant to the laws of the State of Delaware (the “Corporation”), do hereby consent,
pursuant to Section 141(f) of the General Corporation Law of the State of Delaware, to the adoption of the resolutions set forth
below, with the same effect as if said actions were taken by unanimous approving vote at a meeting at which all of the directors
were present in person:
RESOLVED: That the lawful actions taken by the current and former officers of the Corporation, in the name of
and on behalf of the Corporation are hereby adopted, ratified, and approved.
RESOLVED FURTHER: That the following named persons are appointed as officers of the Corporation in the
capacities indicated opposite their respective names, to serve as officers from this date forward until their
resignation, removal, termination of employment with the Corporation or its affiliates, or death or until their
successors are duly appointed.
Individuals Office (s)
Michael J. McGann President
Peter Bilelis Vice President & Secretary
Justin Pifer Vice President & Assistant Secretary
Matthew Fisher Vice President & Treasurer
Chris Carapella Vice President & Treasurer
David Alban Vice President
Ken Albaugh Vice President
Nitin Bhate Vice President
Juan De la Maza Vice President
Todd Huffman Vice President
Matthew Latino Vice President
Chad Lawrence Vice President
Joseph McCausland Vice President
Adam McNeill Vice President
Stewart Nix Vice President
Richard Pangrazzi Vice President
Sean Petraitis Vice President
Randy Stewart Vice President
Christine Valencia Vice President
RESOLVED: That any previous appointments of officers for the Corporation are hereby revoked.
RESOLVED FURTHER: That this Unanimous Written Consent may be executed in any number of
counterparts, each of which when so executed shall be deemed to be an original and all of which when taken
together shall constitute one and the same document, and that the different directors of the Corporation need
not be signatories to the same counterpart.
This Unanimous Written Consent of the Board of Directors is effective on October 1, 2023.
Peter Bilelis
Matthew Fisher
Michael J. McGann
16.C.9.c
Packet Pg. 1054 Attachment: Evidence of Authoriity Xylem Water Solutions USA Inc October 2023 (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
SIR: $1,000,000
A
10/31/2023
X
A
2,000,000
049154514 (WI)
19399
10/31/2024
B
10/31/2024 X
CN108453421-STND-GAW-23-24
2,000,000
19445
Lauren Giangrande
NYC-011963093-01
10/31/2023
X
2,000,000
05/29/2024
10/31/2024
6
10/31/2023
10/31/2024
1,000,000
2,000,000
2,000,000
B
Lauren.Giangrande@marsh.com
10/31/2024
10/31/20237620278 (AOS)
10,000
10/31/2023
049154515 (AOS)
049154513 (CA)
1,000,000
Collier County Board of County Commissioners are included as additional insured (except Workers Compensation) as required by written contract.
5771 Country Lakes Drive
Xylem Water Solutions USA Inc.
Fort Myers, FL 33905
1,000,000
AIU Insurance Co.
X
1166 Avenue of the Americas
MARSH USA, LLC.
New York, NY 10036
A
GL 9941282
National Union Fire Ins. Co.
N
3295 Tamiami Trail East
Naples, FL 34112
Collier County Board of County
Commissioners
10/31/2023
7620279 (MA)
A
3,000,000
(212) 345-6000
X
10/31/2024
16.C.9.d
Packet Pg. 1055 Attachment: COI_24-029 NS Insurance_ (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.e
Packet Pg. 1056 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.e
Packet Pg. 1057 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.e
Packet Pg. 1058 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.e
Packet Pg. 1059 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.e
Packet Pg. 1060 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.e
Packet Pg. 1061 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.e
Packet Pg. 1062 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.e
Packet Pg. 1063 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
16.C.9.e
Packet Pg. 1064 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
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Packet Pg. 1065 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
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Packet Pg. 1066 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
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Packet Pg. 1067 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
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Packet Pg. 1068 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
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Packet Pg. 1069 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
Richard Pangrazzi - Sr. Director, Sales
Susan M. Button
CHRISTOPHER STEWART
Chris Stewart
16.C.9.e
Packet Pg. 1070 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
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Packet Pg. 1071 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
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Packet Pg. 1072 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
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Packet Pg. 1073 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
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Packet Pg. 1074 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
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Packet Pg. 1075 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
Richard Pangrazzi, Sr. Director, Sales
16.C.9.e
Packet Pg. 1076 Attachment: Collier County Agreement signed by Xylem 24_e copy (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
Page 1 of 17 E-Verify MOU for Employers | Revision Date 06/01/13
Company ID Number:
THE E-VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States
after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of
Understanding (MOU) explains certain features of the E-Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility
Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1.The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a.Notice of E-Verify Participation
b.Notice of Right to Work
2.The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives’ contact information changes.
3.The Employer agrees to grant E-Verify access only to current employees who need E-Verify access.
Employers must promptly terminate an employee’s E-Verify access if the employer is separated from
the company or no longer needs access to E-Verify.
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The parties to this agreement are the Department of Homeland Security (DHS) and the
Xylem Inc (Employer). The purpose of this agreement is to set forth terms and conditions which the
Employer will follow while participating in E-Verify.
16.C.9.f
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4. The Employer agrees to become familiar with and comply with the most recent version of the
E-Verify User Manual.
5. The Employer agrees that any Employer Representative who will create E-Verify cases will
complete the E-Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E-Verify.
6. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form I-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E-Verify at
888-464-4218.
b. If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766
(Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s) to complete the Form I-9.
7. The Employer agrees to record the case verification number on the employee's Form I-9 or to print
the screen containing the case verification number and attach it to the employee's Form I-9.
8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures.
a. The following modified requirements are the only exceptions to an Employer’s obligation to not
employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2) When an Employer
confirms the identity and employment eligibility of newly hired employee using E-Verify procedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of
the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the
Employer receives a final nonconfirmation for an employee, but continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1,100 for each failure to notify DHS of continued employment following a final
nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
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16.C.9.f
Packet Pg. 1078 Attachment: E-Verify_Xylem (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
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employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant
is civilly or criminally liable under any law for any action taken in good faith based on information
provided through the E-Verify.
b. DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits, to ensure proper use of
E-Verify.
9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was
completed. The Employer agrees to create an E-Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been
completed), and to complete as many steps of the E-Verify process as are necessary according to the
E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to make
inquiries during the period of unavailability.
10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User
Manual does not authorize.
11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU.
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter containing information specific to the employee’s E-Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English copy of the letter to the SSA. The
Employer must allow employees to contest the finding, and not take adverse action against employees
if they choose to contest the finding, while their case is still pending. Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article III.B. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee’s perceived employment eligibility status
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Packet Pg. 1079 Attachment: E-Verify_Xylem (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
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(including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee’s employment.
Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of
the INA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E-Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
“foreign” or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration-related unfair employment practices provisions in section 274B of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when
sending a breach report to E-Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
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reasonable notice, to review Forms I-9 and other employment records and to interview it and its
employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner
to DHS requests for information relating to their participation in E-Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its
services as federally-approved, federally-certified, or federally-recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering into this MOU does not
mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21. The Employer agrees that E-Verify trademarks and logos may be used only under license by
DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not
be used in any manner that might imply that the Employer’s services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
22. The Employer understands that if it uses E-Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E-Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment
verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify
Supplemental Guide for Federal Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in
FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer
may not create a second case for the employee through E-Verify.
a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E-Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date. Once
enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee’s assignment to the contract, whichever date is later.
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b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E-Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee’s assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E-Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify
case for an employee assigned to a contract as long as:
i. That Form I-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee’s work authorization has not expired, and
iii. The Employer has reviewed the Form I-9 information either in person or in
communications with the employee to ensure that the employee’s Section 1, Form I-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the
previous Form I-9 to provide the necessary information if:
i. The Employer cannot determine that Form I-9 complies with Article II.A.6,
ii. The employee’s basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form I-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with
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Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after
completing Form I-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual.
g. The Employer agrees not to require a second verification using E-Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer’s compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA’s
database.
2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E-Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E-Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final
nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E-Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
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b. Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an
E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E-Verify.
4. DHS agrees to train Employers on all important changes made to E-Verify through the use of
mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to
E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of
Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
6. DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and
password that permits them to log in to E-Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E-Verify, or to such
other persons or entities as may be authorized by applicable law. Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA
verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records) for
employees who contest DHS tentative nonconfirmations and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment
eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the
notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding
and provide them with the notice and letter containing information specific to the employee’s E-Verify
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case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E-Verify. The Employer must record the case verification number, review the employee
information submitted to E-Verify to identify any errors, and find out whether the employee contests the
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee’s E-Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee’s response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
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employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
Employer must forward the employee’s documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
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B. TERMINATION
1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E-Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E-Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer’s business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this
MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E-Verify.
ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees.
C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MOU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E-Verify is not confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
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Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
(FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the
signature page. If you have any questions, contact E-Verify at 1-888-464-4218.
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Company ID Number:
Approved by:
Employer
Name (Please Type or Print) Title
Signature Date
Department of Homeland Security – Verification Division
Name (Please Type or Print) Title
Signature Date
702516
Xylem Inc
Dia Lozinak
Electronically Signed 08/15/2013
USCIS Verification Division
Electronically Signed 08/15/2013
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Company ID Number:
Information Required for the E-Verify Program
Information relating to your Company:
Company Name
Company Facility Address
Company Alternate Address
County or Parish
Employer Identification Number
North American Industry
Classification Systems Code
Parent Company
Number of Employees
Number of Sites Verified for
702516
Xylem Inc
1 International Drive
Rye Brook, NY 10573
NEW YORK
452080495
339
Xylem Inc
100 to 499
1
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Company ID Number:
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
702516
NEW YORK 1 site(s)
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Company ID Number:
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
702516
Name Jenelle Wideman
Phone Number (914) 323 - 5863
Fax Number (914) 323 - 5864
Email Address jenelle.wideman@xyleminc.com
Name Dia Lozinak
Phone Number (914) 323 - 5731
Fax Number (914) 323 - 5864
Email Address dia.lozinak@xyleminc.com
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Company ID Number: 702516
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WAIVER REQUEST FORM
: The Procurement Ordinance, 17-,
C
C prior
capa
SECTION ONE
SECTION TWO
Spend:
Is
SECTION THREE
SECTION FOUR
One Time Purchase
SECTION FIVE
4
Anthony J. Milden PUD - Wastewater
Mixers, Pumps,replacement,repair parts Xylem Water Solutions U.S.A., Inc.
$ 10,762,950 5 Years $ 1,500,000
Process Mixers, Submersible Pumps, Grit and Internal Recycling Dry Pit Submersible Pumps,
Repair/Replacement Parts, and services for uninterrupted pumping capability throughout the utility system.
The Xylem brand pumps used throughout the County utility system received Board approved Standardization in 2018. To
maintain warranty and proper functioning of the units, Xylem mixers are used. Uninterrupted pumping capability is
required to remain in regulatory and operational compliance with Florida Administrative Code (FAC) chapter 62-600
(Domestic Wastewater Facilities), chapter 62-610 (Reuse of Reclaimed Water and Land Application), and 62-555
(Permitting, Construction, Operation, and Maintenance of Public Water Systems), as well as other local, State, and federal
rules and regulations. Additionally, Xylem's Flygt brand is included in the County Approved Products List (Appendix F) in the
Board Approved Collier County Water-Sewer District Utility Standards Manual under Ordinance 2018-36 (BCC meeting July
10, 2018, items 17.D and 17.E).
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SECTION SIX
SECTION SEVEN
a
-
7/10/18 17D
7/10/2018 Board Approved Standardization, Agenda 17D Xylem Water Solutions U.S.A, Inc. is the only
authorized vendor Xylem brand equipment and authorized service repair and warranty organization in the
State of Florida. Xylem staff are properly trained to provide original equipment spare parts and repair &
warranty services.
Additionally, Xylem's Flygt brand is included in the County Approved Products List (Appendix F) in the Board
Approved Collier County Water-Sewer District Utility Standards Manual under Ordinance 2018-36 (BCC
meeting July 10, 2018, items 17.D and 17.E).
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4
, e
In 2018 the Board approved standardizing the Xylem pumps. The County has spent approximately eight
million dollars since 2012, as of July 2024. Historical spend listed above is through FY23. Xylem does not
authorize any other dealers.
Additionally, Xylem's Flygt brand is included in the County Approved Products List (Appendix F) in the Board
Approved Collier County Water-Sewer District Utility Standards Manual under Ordinance 2018-36 (BCC
meeting July 10, 2018, items 17.D and 17.E).
The Xylem products have been proven and standardized. It would cost the County millions of dollars today to
replace the equipment in design changes, installation, training and possible failure of a different brand,
threatening public safety. The performance and reliability of this equipment has been at or above industry
standards.
As of FY23, the County has spent approximately $7.5 million dollars in Xylem products. With the growth of
the County and increased costs in the Market for raw materials, Staff anticipate annual spend will be
approximately $1,500,000 for Xylem equipment, parts, and services. It would cost the County millions of
dollars today to replace the equipment in design changes, installation, training and possible failure of a
different brand, threatening public safety. The performance and reliability of this equipment has been at or
above industry standards. Additionally, Xylem's Flygt brand is included in the County Approved Products List
(Appendix F) in the Board Approved Collier County Water-Sewer District Utility Standards Manual under
Ordinance 2018-36 (BCC meeting July 10, 2018, items 17.D and 17.E).
Replacement parts, equipment, maintenance items and services.
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the c
SECTION EIGHT
:
It would cost the County millions of dollars today to replace the equipment in design changes, installation,
training and possible failure of a different brand, threatening public safety. The performance and reliability of
this equipment has been at or above industry standards. Additionally, Xylem's Flygt brand is included in the
County Approved Products List (Appendix F) in the Board Approved Collier County Water-Sewer District
Utility Standards Manual under Ordinance 2018-36 (BCC meeting July 10, 2018, items 17.D and 17.E).
Staff cannot justify the expense to the County to switch vendors and the potential risk of health and safety if
an unproven product would fail.
Anthony J. Milden
Robert Von Holle
George Yilmaz, PhD, PE
3/26/24
4/3/24
10/1/24
9/30/29
24-029-NS
FY25-023-WV
16.C.9.g
Packet Pg. 1097 Attachment: APPROVED_Waiver_Xylem V2 (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
Chris Stewart
ACT Service Center Manager
Xylem Water Solutions, U.S.A., Inc. Flygt
Products
5771 Country Lakes Dr
Ft. Myers Fl 33905
239-633-2553
Date: February 1, 2024
To: Collier County Utilities
Attn: Procurement Division
From: Christopher Stewart
Subject: FLYGT PRODUCTS – SALES & SERVICE
Please be advised that Xylem Water Solutions U.S.A, Inc. is the only authorized vendor for Flygt Products
and is the only authorized service repair and warranty organization in the State of Florida; ( East of the
Apalachicola River). Our staff is properly trained to provide you with original equipment spare parts and
repair & warranty service.
Xylem Water Solutions U.S.A, Inc. (formerly ITT Water & Wastewater) is the sole sales point for Florida
from one of our facilities in Apopka, Jupiter (formerly West Palm) or Ft. Myers.
FLYGT products are manufactured in our facility in Southern Sweden and distributed by our directed offices
in Florida listed above. The 4901 Mix Flush Valve FLYGT P/N 5565101 is a proprietary FLYGT product.
Thank you for your interest in FLYGT Products. Please feel free to contact me if you have any questions
regarding distribution or any other matters
Sincerely,
Xylem Water Solutions U.S.A, Inc.
Christopher Stewart
Christopher Stewart
16.C.9.g
Packet Pg. 1098 Attachment: APPROVED_Waiver_Xylem V2 (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)
Notice of Recommended Designate of Sole/Single Source
Notice of Intent Name Xylem Water Solutions U.S.A., Inc.
Posting Date 3/26/24
Due Date 4/02/24
Recommendation
Manufacturer Name Xylem Water Solutions U.S.A., Inc.
Vendor/Provider Name Xylem Water Solutions U.S.A., Inc.
Approved Signatures
Project Manager:
Procurement Strategist:
Procurement Services Director:
DocuSign Envelope ID: 50AA7BF2-A910-4358-963F-50A6F21881A5
4/3/2024
4/3/2024
4/3/2024
16.C.9.g
Packet Pg. 1099 Attachment: APPROVED_Waiver_Xylem V2 (29503 : 24-029-NS Xylem Water Solutions USA, Inc.)