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R-2023-218 - 7/27/2023RESOLUTION NO. R-2023-218 WHEREAS, the City of Round Rock ("City") desires to purchase filter equipment for the Brushy Creek Regional Wastewater Treatment System Tertiary Filter Project; and WHEREAS, Section 252.022(4) of the Texas Local Government Code states that expenditures for items available from only one source are exempt from competitive bidding requirements; and WHEREAS, Aqua -Aerobic Systems, Inc. is the sole source provider of the goods and services being purchased, as shown in Exhibit "A," and incorporated herein for all purposes; and WHEREAS, the City wishes to issue a purchase order to Aqua -Aerobic Systems, Inc. for the purchase of filter equipment, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to issue a purchase order to Aqua - Aerobic Systems, Inc. for the purchase of filter equipment for the Brushy Creek Regional Wastewater Treatment System Tertiary Filter Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 27th day of July, 2023. /, A/ C MOR AN, Mayor City of Roun Rock, Texas ATTEST: IM ICIC&A I I 6AI 11�AGAN INKS JCity Clerk 0112.20232:4868-1370-8912 ROUND ROCK I 1 Xn'; City of Round Rock Purchasing Justification Form EXHIBIT "A„ .10 Date: 7/12/23 Department Utilities and Environmental Services Name: To: Purchasing Requestor David Freireich Name: Phone 512-671-2756 Number: Instructions: Complete this form for all purchases that will exceed $3,000 and will be exempted from competition as prescribed in Texas Local Government Code Chapter 252.022. Attach additional information as needed to support the exemption request. The City declares the competitive bidding procedures in Texas Local Government Code Chapter 252 to be exempt for this procurement. This Justification Form is executed and filed with the Purchasing Division as follows: 1. The undersigned is authorized and certifies that the following exemption is applicable to this purchase. Please check the criteria listed below that applies to this purchase request: ❑■ Sole Source (check one) *Items that are available from only one source because of patents, copyrights, secret process, or natural monopolies. El Films, manuscripts, or books. ❑Gas, water, and other utilities. *Captive replacement parts or components for equipment. El Books, papers, and other library materials for a public library that are available only from the persons holding the exclusive rights to the materials. ❑ Goods Purchased for Subsequent Retail Sale o A procurement of goods being purchased for subsequent resale by the City. ❑ Public Calamity o A procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents or to preserve the property of a municipality. ❑ Public Health and Safety o A procurement necessary to preserve or protect the public health or safety of the municipality's residents. ❑ Unforeseen Damage o A procurement necessary because of unforeseen damage to public machinery, equipment, or other property. 1 1 P a g e ❑ Personal, Professional or Planning Services o A procurement of personal, professional, or planning services ❑ Other o Cite the applicable Texas Local Government Code Chapter 252 exemption in the justification box below. 2. Justification: Describe in detail below why an exemption according to Section 252.022 of the Local Government Code is being submitted for this purchase. (Attach additional pages if needed) The Aqua -Aerobic Systems, Inc. (AASI) AquaDisk@ Cloth Media Filter is of Aqua -Aerobic proprietary design, fabricated to AASI specifications. Aqua -Aerobic is the exclusive original equipment manufacturer of the AquaDisk@ Cloth Media Filter(s) at the Brushy Creek Regional WWTP located in Round Rock, TX. As such, all equipment and components are manufactured to AASI specifications, the exclusive vendor supplier for this equipment; this includes all types of replacement cloths. 3. Attach and submit the following documentation that supports this justification as applicable. • Vendor's proposal/quote. If sole source a Manufacturer's letter declaring the purchase is sole source and why. The letter should be no older than 6 months old and signed by an authorized representative on company letterhead. 4. Because the above facts and supporting documentation the City of Round Rock exempts this procurement from LGC Chapter 252 and intends to contract with: Vendor Name: Aqua -Aerobic Systems, Inc. Description: Aqua MegaDisk Cloth Media Filters 5. Check the purchase type and fill in the dollar amount and purchase term as applicable: ■❑ This is a one-time purchase request for $ 1,679,620 ❑ This is a term contract request for (# months) in the amount of $ Purchasing Office/ Management Review: Approved by a;- Purchaser/Purchasing Management (over $50,000) David Freireich (Jul 13, 2023 10:17 CDT) 07/13/2023 Date 07/13/2023 Department Manager, Asst Director, or Director Date 2 1 P a g e Justification Form - Aqua -Aerobic Final Audit Report 2023-07-13 Created: 2023-07-13 (Central Daylight Time) By: Allen Reich (areich@roundrocktexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAESFfv5CvDsFnVP8yrWzUtBu9jVQsQwWN "Justification Form - Aqua -Aerobic" History Document created by Allen Reich (areich@roundrocktexas.gov) 2023-07-13 - 8:08:20 AM CDT Document emailed to Adam Gagnon (agagnon@roundrocktexas.gov) for signature 2023-07-13 - 8:15:16 AM CDT Email viewed by Adam Gagnon (agagnon@roundrocktexas.gov) 2023-07-13 - 8:22:44 AM CDT Document e-signed by Adam Gagnon (agagnon@roundrocktexas.gov) Signature Date: 2023-07-13 - 8:23:01 AM CDT - Time Source: server Document emailed to David Freireich (dfreireich@roundrocktexas.gov) for signature 2023-07-13 - 8:23:02 AM CDT Email viewed by David Freireich (dfreireich@roundrocktexas.gov) 2023-07-13 - 8:23:30 AM CDT Document e-signed by David Freireich (dfreireich@roundrocktexas.gov) Signature Date: 2023-07-13 - 10:17:13 AM CDT - Time Source: server Agreement completed. 2023-07-13 - 10:17:13 AM CDT Powered by Adobe Rh Nn glYK i Acrobat Sign