Linking Agreement with Xylem Dewatering Solutions, Inc.

City of Glendale — Regular Meeting (2025-01-14)

Extracted text (via pymupdf) 9416 characters

1
10/05/2023
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
XYLEM DEWATERING SOLUTIONS, INC. DBA WACHS WATER SERVICES
This Linking Agreement (“Agreement”) is entered into as of this day of , 2025, between the City
of Glendale, an Arizona municipal corporation (“City”), and Xylem Dewatering Solutions, Inc. dba
Wachs Water Services, a New Jersey corporation, authorized to do business in Arizona
(“Contractor”), collectively, the “Parties.”
RECITALS
A.
On July 31, 2024, the City of Scottsdale, a member of the S.A.V.E Cooperative Purchasing Agreement,
entered into a contract with Contractor to purchase the goods and services described in Large Valve
Evaluation and Improvement Recommendation Services, Contract No. 2250RFP24
(“Cooperative Agreement”), which is attached hereto as Exhibit A. The Cooperative Agreement
allows its cooperative use by other governmental agencies, including the City.
B.
Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods and
services by participating with other governmental units in cooperative purchasing agreements
when the best interests of the City would be served.
C.
Section 2-149 also provides that the Materials Manager may enter into such cooperative agreements
without meeting the formal or informal solicitation and bid requirements of Glendale City Code
Sections 2-145 and 2-146.
D.
The City wishes to contract with Contractor for supplies or services identical to those being provided
to other units of government under the Cooperative Agreement. Contractor consents to the City’s
cooperative use of the terms and conditions of the Cooperative Agreement, and agrees to provide
the supplies and services set forth in the Statement of Work appended hereto as Exhibit B.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and
the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agreement.
A.
As provided in the Cooperative Agreement, purchases can be made by governmental entities
from the date of award, which was July 17, 2024, until the date the contract terminates on
August 1, 2025, unless the term is extended by mutual agreement of the parties to the
Cooperative Agreement. The Cooperative Agreement, however, may not be extended
beyond July 31, 2029. The initial period of this Agreement is the period from the Effective
Date of this Agreement until August 1, 2025.
B.
The City may extend the term of this Agreement for four (4) one-year terms if the
Cooperative Agreement is likewise extended and the City gives the Contractor notice that it
is exercising its option to extend this Agreement 30 days prior to the anniversary of the

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10/05/2023
Effective Date. Glendale extensions are not automatic and shall only occur if the City
affirmatively exercises its right to extend this Agreement.
2.
Scope of Work; Terms, Conditions, and Specifications.
A.
Contractor shall provide City the supplies and/or services identified in the Scope of Work
attached as Exhibit B.
B.
Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
3.
Compensation.
A.
City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C.
B.
The total purchase price for the supplies and/or services purchased under this Agreement
shall not exceed One Hundred Thousand dollars ($100,000) for the entire term of the
Agreement (initial term plus any extensions).
4.
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
5.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the
City prior to the Effective Date.
7.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of
A.R.S. § 41-4401.
8.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties
hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to
not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
9.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and
during the term of this Agreement, will not use:
a.
the forced labor of ethnic Uyghurs in the People’s Republic of China;
b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China.

10.
Attestation of PCl C.,ompliance. When applicable, the Contractor will provide the Gty annually with
a Payment Card Industry Data Security Standard (PCI DSS) attestation of complrance certificate
signed by an officer of Contractor with oven;ight responsibility.
11.
otices.
Any notices that must be provided under this Agreement shall be sent to the Parties'
respective authorized representatives at the address listed below:
Gty of Glendale
c/ o Lindsay Lucas
7070 W.
orthem
venue
Glendale, AZ 85303
and
Xylem Oewatering Solutions, Inc. dba Wachs Water Services
235 East Pima Street
Phoenix, AZ 85004
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set
forth above.
"City"
City of Glendale, an Arizona
municipal corporation
By:
Kevin R. Phelps
City Manager
ATfEST:
Julie K. Bower
City Ciak
(SEAL)
APPROVED AS TO FORM:
Michael D. Bailey
City Attomey
3
"Contactoc''
Xylem Dewateriog Solutions
a New Jersey c
Title:
Senior Director, Sales and Service
10/05/3)2)

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
XYLEM DEWATERING SOLUTIONS, INC. DBA WACHS WATER SERVICES

EXHIBIT A
LARGE VALVE EVALUATION AND IMPROVEMENT RECOMMENDATION SERVICES,
CITY OF SCOTTSDALE CONTRACT NO. 2250RFP24

Start Date (first contract term begin date):
31 Jul 2024
End Date (next contract term date):
01 Aug 2025
Value (estimated fiscal year spend):
$425,000.00
Project # (when applicable):
RFP-022024-148
Purchasing Agent:
Kathleen Shipman
Contract Ultimate Expiration Date:
31 Jul 2029
Award Type:
Administrative
Cooperative Contract:
Yes
Search...
2250RFP24 - LARGE VALVE EVALUATION AND
IMPROVEMENT RECOMMENDATION SERVICES
City of Scottsdale, AZ Back to list (/portal/)
(/portal/)
 Contract Details
Project: City of Scottsdale,
AZ
Status: ACTIVE
Vendor: Wachs Water
Services
Extendable: 
Terms:
#1 Jul 31, 2024  Aug 1, 2025
Description:
The City of Scottsdale invites sealed submittals for a qualified firm to evaluate, perform preventative maintenance and recommend improvements
to the large valves in the City’s water system. This shall include at minimum, planning and execution of large valve evaluation, preventative
maintenance, and improvement program.
Opportunity: LARGE VALVE EVALUATION AND IMPROVEMENT RECOMMENDATION SERVICES
Files
View Opportunity (/opportunities/123293)
Show/Hide

2

BlueInk Bundle ID: PtB73AWVxW

7/29/24 10:46 MST
Todd Huffman
7/29/24 11:18 MST
7/30/24 09:39 MST
7/31/24 10:03 MST
7/31/24 11:11 MST
BlueInk Bundle ID: PtB73AWVxW

BlueInk Bundle ID: PtB73AWVxW

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
XYLEM DEWATERING SOLUTIONS, INC. DBA WACHS WATER SERVICES

EXHIBIT B
Scope of Work

To perform preventative maintenance and recommend improvements to the large valves in the City's water
system as outlined in Exhibit A.

LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
XYLEM DEWATERING SOLUTIONS, INC. DBA WACHS WATER SERVICES

EXHIBIT C

METHOD AND AMOUNT OF COMPENSATION

The method and amount of compensation is provided in the Large Valve Evaluation and Improvement
Recommendation Services, Contract No. 2250RFP24.

NOT TO EXCEED AMOUNT

The total amount of compensation paid to Contractor for full completion of all work required by the
Statement of Work must not exceed $100,000 for the entire term of the Agreement.

DETAILED PROJECT COMPENSATION

To perform preventative maintenance and recommend improvements to the large valves in the City's
water system.