Contract - Pure Power Products, LLC - 5/23/2024 CITY OF ROUND ROCK AGREEMENT
FOR PURCHASE OF
REUSABLE OIL FILTERS
WITH
PURE POWER PRODUCTS,LLC
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
This Agreement is for the purchase of reusable oil filters and is referred to herein as the
"Agreement." This Agreement is made and entered into on this the 4' day of the month of
, 2024, by and between the CITY OF ROUND ROCK, TEXAS, a home-rule
municipality whose offices are located at 221 East Main Street, Round Rock, Texas 78664,
referred to herein as the "City," and PURE POWER PRODUCTS, LLC, whose offices are
located at 549 Garcia Avenue, Suite F, Pittsburg, California 94565 referred to herein as"Services
Provider." This Agreement supersedes and replaces any previous agreement between the named
parties,whether oral or written,and whether or not established by custom and practice.
RECITALS:
WHEREAS,City desires to purchase reusable oil filters; and
WHEREAS, City has issued its "Request for Proposals" for the provision of said goods
and services; and
WHEREAS, City has determined the proposal submitted by Services Provider provides
the best value to the City; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW,THEREFORE,WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties
mutually agree as follows:
1.0 DEFINITIONS
A. Agreement means the binding legal contract between City and Services Provider
whereby City is obligated to buy specified services and Services Provider is obligated to sell
4886-2547-6528/ss2 1
OR -2D2A _ MAJ
same. The Agreement includes the following: (a) City's Request for Proposal, designated
Solicitation Number 24-014 dated December 2023 ("RFP"); (b) Services Provider's Proposal;
and (c) any exhibits and/or addenda thereto. Any inconsistencies or conflicts in the contract
documents shall be resolved by giving preference in the following order:
(1) This Agreement;
(2) Services Provider's Proposal;
(3) City's Request for Proposals,Addenda,exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Goods and Services mean the specified services, supplies, materials,
commodities,or equipment.
E. Services Provider means Pure Power Products, LLC, or any successors or
assigns.
2.0 EFFECTIVE DATE AND TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein or is terminated or extended as provided herein.
B. The term of this Agreement shall be for sixty (60) months from the effective date
hereof.
C. City reserves the right to review the relationship at any time and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.0 CONTRACT DOCUMENTS AND EXHIBITS
City selected Services Provider to supply the services as outlined in the RFP; any
Addenda to RFP; and the Proposal submitted by Services Provider, all as specified in Exhibit
"A," incorporated herein by reference for all purposes. The intent of these documents is to
formulate an Agreement listing the responsibilities of both parties as outlined in the RFP and any
Addenda to RFP and as offered by Services Provider in its Proposal.
The services which are the subject matter of this Agreement are described in Exhibit"A"
and, together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
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4.0 ITEMS AWARDED; SCOPE OF WORK
A. All items in"Attachment B —Cost Proposal Sheet"of Exhibit"A" are awarded to
Services Provider.
B. Services Provider shall satisfactorily provide all services described in Exhibit
"A," attached hereto, within the contract term specified in Section 2.0. Services Provider's
undertakings shall be limited to performing services for City and/or advising City concerning
those matters on which Services Provider has been specifically engaged. Services Provider shall
perform its services in accordance with this Agreement, in accordance with the appended
exhibits, in accordance with due care, and in accordance with prevailing industry standards for
comparable services.
5.0 COSTS
A. In consideration for the services to be performed by Services Provider, City
agrees to pay Services Provider the amounts set forth in "Attachment B — Cost Proposal" of
Exhibit"A."
B. The City shall is authorized to pay the Services Provider an amount not-to-
exceed One Hundred Thirty-One Thousand Four Hundred Fifty and No/100 Dollars
($131,450.00)for the term of this Agreement.
6.0 INVOICES
All invoices shall include, at a minimum,the following information:
1. Name and address of Services Provider;
2. Purchase Order Number;
3. Description and quantity of items received; and
4. Delivery dates.
7.0 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's proposal, with the consent and agreement of the successful service
provider(s) and the City. Such agreement shall be conclusively inferred for the services provider
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from lack of exception to this clause in the service provider's response. However, all parties
hereby expressly agree that the City is not an agent of, partner to, or representative of those
outside agencies or entities and that the City is not obligated or liable for any action or debts that
may arise out of such independently-negotiated"piggyback"procurements.
8.0 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may affect such termination by
giving Services Provider a written notice of termination at the end of its then-current fiscal year.
9.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Services Provider will be made within thirty (30) days of the date City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Services Provider may charge interest on an overdue payment at the "rate in effect" on
September 1 of the fiscal year in which the payment becomes overdue, in accordance with
V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not
apply to payments made by City in the event:
1. There is a bona fide dispute between City and Services Provider, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
cause the payment to be late; or
2. There is a bona fide dispute between Services Provider and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the service
performed that causes the payment to be late; or
3. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
4. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
10.0 GRATUITIES AND BRIBES
City may, by written notice to Services Provider, cancel this Agreement without liability
to Services Provider if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Services Provider may be subject to penalties stated
in Title 8 of the Texas Penal Code.
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11.0 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider's charges.
12.0 INSURANCE
Services Provider shall meet all City of Round Rock insurance requirements set forth in
the RFP and on the City's website at:
http://www.roundrocktexas.gov/wp-content/uploads/2014/12/corr insurance 07201 12.pdf.
13.0 CITY'S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Marshall Reynolds
Specification Writer, General Services Department
212 Commerce Boulevard
Round Rock, TX 78664
(512)218-5459
mrcynolds ac,round rocktexas.gov
14.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made,then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
15.0 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of City
acquiring the specified goods elsewhere.
Services Provider shall be declared in default of this Agreement if it does any of the
following and fails to cure the issue within thirty(30)days of receipt of written notice:
1. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
2. Becomes insolvent or seeks relief under the bankruptcy laws of the United States,
and is unable to perform its material obligations under the Agreement.
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16.0 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Services
Provider.
B. In the event of any default by Services Provider, City has the right to terminate
this Agreement for cause, upon ten(10)days' written notice to Services Provider.
C. Services Provider has the right to terminate this Agreement only for cause, that
being in the event of a material and substantial breach by City, or by mutual agreement to
terminate evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Services Provider,
Services Provider shall discontinue all services in connection with the performance of this
Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such
orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice
of termination, Services Provider shall submit a statement showing in detail the goods and/or
services satisfactorily performed under this Agreement to the date of termination. City shall then
pay Services Provider that portion of the charges, if undisputed. The parties agree that Services
Provider is not entitled to compensation for services it would have performed under the
remaining term of the Agreement except as provided herein.
17.0 INDEMNIFICATION
Services Provider shall defend (at the option of City), indemnify, and hold City, its
successors, assigns, officers, employees and elected officials harmless from and against all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any
and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of
Services Provider, or Services Provider's agents, employees or subcontractors, in the
performance of Services Provider's obligations under this Agreement, no matter how, or to
whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or
Services Provider (including, but not limited to the right to seek contribution) against any third
party who may be liable for an indemnified claim.
18.0 COMPLIANCE WITH LAWS, CHARTER, AND ORDINANCES
A. Services Provider, its agents, employees and subcontractors shall use best efforts
to comply with all applicable federal and state laws, the Charter and Ordinances of the City of
Round Rock, as amended, and with all applicable rules and regulations promulgated by local,
state and national boards, bureaus and agencies.
B. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and(2)will not boycott
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Israel and will not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of Services Provider verifies Services Provider does not boycott Israel and
will not boycott Israel during the term of this Agreement.
C. In accordance with Chapter 2274,Texas Government Code, a governmental entity
may not enter into a contract with a company with at least ten (10) full-time employees for a
value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract
has a provision verifying that it: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
during the term of the contract against a firearm entity or firearm trade association. The signatory
executing this Agreement on behalf of Services Provider verifies Services Provider does not
have a practice, policy, guidance, or directive that discriminates against a firearm entity or
firearm trade association, and it will not discriminate during the term of this Agreement against a
firearm entity or firearm trade association.
D. In accordance with Chapter 2274, Texas Government Code, a governmental entity
may not enter into a contract with a company with at least ten (10) full-time employees for a
value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract
has a provision verifying that it: (1) does not boycott energy companies; and (2) will not boycott
energy companies during the term of this Agreement. The signatory executing this Agreement on
behalf of Services Provider verifies Services Provider does not boycott energy companies, and it
will not boycott energy companies during the term of this Agreement.
19.0 ASSIGNMENT AND DELEGATION
The parties hereby bind themselves, their successors, assigns and legal representatives to
each other with respect to the terms of this Agreement. Neither party shall assign, sublet or
transfer any interest in this Agreement without prior written authorization of the other party.
20.0 NOTICES
A. All notices and other communications in connection with this Agreement shall be
in writing and shall be considered given as follows:
I. When delivered personally to recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Services Provider:
Pure Power Products, LLC
549 Garcia Avenue, Suite F
Pittsburg, CA 94565
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Notice to City:
City Manager Stephanie L. Sandre, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
B. Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Services Provider.
21.0 APPLICABLE LAW, ENFORCEMENT, AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
22.0 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Services Provider and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
23.0 DISPUTE RESOLUTION
City and Services Provider hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute.
24.0 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
25.0 MISCELLANEOUS PROVISIONS
A. Standard of Care. Services Provider represents that it employs trained,
experienced and competent persons to perform all of the services, responsibilities and duties
specified herein and that such services, responsibilities and duties shall be performed in a manner
according to generally accepted industry practices.
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B. Time is of the Essence. The parties agree that, from time to time, certain unique
transactions may have special requirements relative to timing and, accordingly, the parties will
identify those transactions and exercise best efforts to accomplish those transactions within the
stated timeframe. Other timing requirements will be met in a commercially reasonable manner.
Where damage is caused to City due to Services Provider's failure to perform in the special
timing requirement circumstances, City may pursue any remedy available without waiver of any
of City's additional legal rights or remedies.
C. Binding Agreement. This Agreement shall extend to and be binding upon and
inure to the benefit of the parties' respective heirs, executors, administrators, successors and
assigns.
D. Multiple Counterparts. This Agreement may be executed in multiple
counterparts, any one of which shall be considered an original of this document; and all of
which,when taken together, shall constitute one and the same instrument.
[Signatures on the following page.]
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IN WITNESS WHEREOF, City and Services Provider have executed this Agreement
on the dates indicated.
Pure Power Products, C
By:
Printed Name: V-
Title:
Date Signed: 3 Z 2 Z Z
City of Roun Rock,Tex s
By: _ A
Printed Name:
Title:
Date Signed: 2
For City,Attest:
B -&j :;eX�t"
Meagan Spi , Ci Clerk
For City, Approved as to Form:
By: _
Stephan L. Sandre, City Attorney
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Exhibit "A"
m
UND ROCK TEXAS
ASING DIVISION
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.ro u n d rocktexas.c�ov
REQUEST FOR PROPOSAL (RFP)
REUSABLE AUTOMOTIVE OIL FILTER SYSTEM
SOLICITATION NUMBER 24-014
DECEMBER 2023
City of Round Rock Exhibit "A"
Reusable Automotive Oil Filter System
RFP No. 24-014
Commodity Code: 060-42
DECEMBER 2023
REUSABLE AUTOMOTIVE OIL FILTER SYSTEM
PART I
GENERAL REQUIREMENTS
1. PURPOSE AND BACKGROUND: The City of Round Rock, herein after"the City" seeks proposals from
firms experienced in manufacturing and providing reusable automobile oil filter systems. The City is looking
to transition its fleet over to reusable and cleanable automobile oil filters. The City projects this will save
money over time and presents a more environmentally friendly approach to fleet maintenance. The City
fleet has over 400 Ford Vehicles and over 80 Chevrolet vehicles.
2. SOLICITATION PACKET: This solicitation packet is comprised of the following:
Description Index
Part I—General Requirements Page(s) 2-4
Part II—Definitions, Standard Terms and Conditions,
Page 5
and Insurance Requirements
Part III —Supplemental Terms and Conditions Page(s) 6-7
Part IV—Scope of Work Page(s) 8-9
Part V—Proposal Preparation Instructions and Evaluation Factors Page(s) 10-12
Attachment A—Reference Sheet Separate Attachment
Attachment B—Proposal Submittal Form Separate Attachment
3. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
EVENT DATE
Solicitation released December 20, 2024
Deadline for submission of questions January 9, 2024 @ 5:00 PM, CST
City responses to questions or addendums Approx January 11, 2024 @ 5:00 PM, CST
Deadline for submission of responses January 23, 2024 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted through Bonfire in writing by 5:00 PM, CST on the
due date noted above. A copy of all questions submitted and the City's response to the questions shall be
posted on the City's webpage in the form of an addendum at:
https:Hroundrocktexas.bonfirehub.com
The City reserves the right to modify these dates. Notice of date change will be posted to the City's website:
hftps://roundrocktexas.bonfirehub.com
4. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
https:Hroundrocktexas.bonfirehub.com for any updates pertaining to the solicitation described herein.
Various updates may include addendums, cancellations, notifications, and any other pertinent information
necessary for the submission of a correct and accurate response. The City will not be held responsible for
any further communication beyond updating the website.
Page 2 of 12
Exhibit "A"
City of Round Rock
Reusable Automotive Oil Filter System
RFP No. 24-014
Commodity Code: 060-42
DECEMBER 2023
5. RESPONSE DUE DATE: Appropriately submitted responses are due at or before 3:00 PM, on the due
date noted in PART I, Section 3—Schedule of Events. The Offeror shall respond via the City's electronic
bidding platform, Bonfire: https://roundrocktexas.bonfirehub.com
A. This request for proposal (RFP)does not commit the City to contract for any supply or service.
B. No paper or submittals outside of Bonfire will be accepted by the City.
C. Responses cannot be altered or amended after digital opening.
D. No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
E. The City will not be bound by any oral statement or offer made contrary to the written specifications.
F. Samples and/or copies shall be provided at the Respondent's expense and shall become the property
of the City.
G. Late responses will not be considered.
6. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires the
successful offeror to complete a Form 1295"Certificate of Interested Parties"that is signed for a contract
award requiring council authorization. The"Certificate of Interested Parties"form must be completed on the
Texas Ethics Commission website, printed, signed, and submitted to the City by the authorized agent of the
Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury prior
to final contract execution. Link to Texas Ethics Commission Webpage:
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm
7. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of an offer, the
City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Offeror to the City
Official, Employee, City Consultant, or Evaluation Team member evaluating or considering the offers prior
to the time an award decision has been confirmed. Communication between an Offeror and the City will be
initiated by the appropriate City Official or Employee in order to obtain information or clarification needed to
develop a proper and accurate evaluation of the offer. Ex parte communication may be grounds for
disqualifying the offending Offeror from consideration of award in evaluation or any future bid.
8. OPPORTUNITY TO PROTEST: The Purchasing Manager for the City of Round Rock ("City"), in
consultation with the City Attorney, shall have the authority to settle or resolve any dispute concerning the
solicitation or award of a contract. The Purchasing Manager may solicit written responses to the protest
from other interested parties. The aggrieved person must prepare his or her complaint in writing and send it
by electronic mail to the City's Purchasing Department at protest(aD-roundrocktexas.gov.
In the event of a timely protest, the City shall not proceed further with the solicitation or award of a contract
unless it is determined that the award must take place without delay, to protect the best interests of the City.
The procedures for notifying the City of an alleged deficiency or filing a protest are listed below. If you fail to
comply with any of these requirements, the Purchasing Office may dismiss your complaint or protest.
A. Prior to Offer Due Date: If you are a prospective offeror for the award of a contract ("Offeror")and you
become aware of the facts regarding what you believe is a deficiency in the solicitation process before
the due date for receipt of offers in response to a solicitation ("Offers"), you must notify the City in
writing of the alleged deficiency before that date, giving the City an opportunity to resolve the situation
prior to the Offer due date.
B. After Offer Due Date: If you submit an Offer to the City and you believe that there has been a
deficiency in the solicitation process or the award, you have the opportunity to protest the solicitation
process, or the recommended award as follows:
i. You must file a written notice of your intent to protest within four(4)working days of the date that
you know or should have known of the facts relating to the protest. If you do not file a written notice
of intent within this time, you have waived all rights to protest the solicitation process or the award.
ii. You must file your formal written protest within ten (10)working days of the date that you know or
should have known of the facts relating to the protest unless you know of the facts before the Offer
has been closed. If you know of the facts before those dates, you must notify the City as stated in
section (A) above.
Page 3 of 12
City of Round Rock Exhibit "A"
Reusable Automotive Oil Filter System
RFP No. 24-014
Commodity Code: 060-42
DECEMBER 2023
iii. You must submit your protest in writing and must include the following information:
a. your name, address, telephone number, and email address.
b. the solicitation number.
c. a specific identification of the statutory or regulatory provision that you are alleging has been
violated.
d. a detailed statement of the factual grounds for your protest, including copies of any relevant
documents.
e. a statement of any issues of law or fact that you contend must be resolved; and
f. a statement of the argument and authority that you offer in support of your protest.
iv. Your protest must be concise and presented logically and factually to help with the City's review.
C. Receipt of Timely Protest: When the City receives a timely and complete written protest, the
Purchasing Manager, with assistance from the City Attorney, shall make one of the following
determinations:
i. Determine that a violation of rules and statutes has occurred prior to the award of the contract and
inform you and other interested parties of the determination. The City will prepare updated
solicitation documents and will re-solicit.
ii. Determine that no violation of rules or statutes has occurred and inform you and other interested
parties of the decision by letter. The reasons for the determination will be presented in the letter.
iii. Determine that a violation of rules and statutes has occurred after the award of the contract and
inform you and other interested parties of the determination. However, the awarded contract will not
be canceled.As needed, corrective actions may be taken with purchasing or any other pertinent
City staff.
iv. A determination will usually be made within fifteen (15) business days after receipt of the formal
protest.
v. Any written decisions by the Purchasing Manager shall be the final administrative action for
the City.
All documentation pertaining to a protest will be kept on file at the City and are subject to open records
requests.
Page 4 of 12
City of Round Rock Exhibit "A"
Reusable Automotive Oil Filter System
RFP No. 24-014
Commodity Code: 060-42
DECEMBER 2023
PART II
DEFINITIONS, STANDARD TERMS AND CONDITIONS,
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's Definitions and Standard Terms and Conditions, in effect at the time of
release of the solicitation, shall govern unless specifically provided otherwise in a separate agreement or on
the face of a purchase order. These can be obtained from the City's website at:
https://www.roundrocktexas.gov/city-departments/purchasing/. In addition, the Supplemental Terms and
Conditions listed in Section III, shall also be enforced as part of the contract.
2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: https://www.roundrocktexas.gov/city-departments/purchasing/
Page 5 of 12
Exhibit "A"
City of Round Rock
Reusable Automotive Oil Filter System
RFP No. 24-014
Commodity Code: 060-42
DECEMBER 2023
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the
following:
A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60)
months.
B. Upon expiration of the contract term, the Contractor agrees to hold over under the terms and conditions
of this agreement for such a period as is reasonably necessary to re-solicit and/or complete the project
up to 120 days.
2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The
Respondent shall:
A. Be firms, corporations, individuals, or partnerships normally engaged in providing reusable automotive
filter systems as specified herein and have adequate organization, facilities, equipment, financial
capability, and personnel to ensure prompt and efficient service to the City.
B. The Respondent shall include in the proposal a list of all litigation the company or its principals have
been involved in within the last three(3)years.
C. Be domiciled in or have a home office inside the United States. Respondents domiciled outside the
United States, or not having a home office inside the United States will not be included for consideration
in this RFP process.
3. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to perform
required services. The City seeks to do business directly with a company experienced in selling and
manufacturing reusable automotive oil filter systems.
4. PRICING: The Respondent shall determine and submit a fixed cost for the work and shall include all
incidental costs, labor, overhead charges, travel, payroll expenses, freight, equipment acquisition and
maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits,
insurance, bonds, and risk management. No separate line-item charges shall be permitted for either
response or invoice purposes.
5. PRICE INCREASE: Contract prices for reusable automotive oil filter system shall remain firm throughout
the initial twelve (12) month term of the contract. A price increase to the agreement may be considered on
the anniversary date of the Contract each year and shall be equal to the consumer price index for that year,
but at no time can the increase be greater than 10%for any single line item unless otherwise approved by
the City.
A. Consumer Price Index(CPI): Price adjustments will be made in accordance with the percentage
change in the U.S. Department of Labor Consumer Price Index(CPI-U)for all Urban Consumers. The
price adjustment rate will be determined by comparing the percentage difference between the CPI in
effect for the base year six-month average(January through June OR July through December), and
each (January through June OR July through December six month average)thereafter. The
percentage difference between those two CPI issues will be the price adjustment rate. No retroactive
contract price adjustments will be allowed. The Consumer Price Index(CPI) is found at the Bureau of
Labor Statistics, Consumer Price Index website: http://www.bls.-gov/cpi
B. Procedure to Request Increase:
i. Email the written price increase request to purchasin4(cDroundrocktexas.gov with the rate detail
comparison, a comprehensive calculation, and any supporting documentation to the designated
City Contract Specialist a minimum of 45 days prior to the annual Contract anniversary date. The
detailed written calculation will be verified and confirmed. All written requests for increases must
include the City of Round Rock contract number, solicitation reference information and contact
information for the authorized representative requesting the increase.
Page 6 of 12
Exhibit "A"
City of Round Rock
Reusable Automotive Oil Filter System
RFP No. 24-014
Commodity Code: 060-42
DECEMBER 2023
ii. Upon receipt of the request, the City reserves the right to either accept the escalation and make
change to the purchase order within 30 days of the request or negotiate with the Vendor or cancel
the agreement or purchase order if an agreement cannot be reached on the value of the increase.
6. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance
anytime during the contract term.
7. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of any
minimum or maximum purchase is made or implied. The City will only order the services/goods needed to
satisfy requirements within budgetary constraints, which may be more or less than indicated.
8. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single award,
split award, primary and secondary award, non-award, or use any combination that best serves the interest
and at the sole discretion of the City. Respondents to the solicitation will be notified when City staff
recommendation of award has been made. The award announcement will be posted to the City's website
at https://roundrocktexas.bonfirehub.com once City Council has approved the recommendation of award
and the agreement has been executed.
9. POINT OF CONTACT/ DESIGNATED REPRESENTATIVE:
A. Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with a designated and identified point of contact upon award
of the contract to include contact information. The City's designated representative shall be notified by
the Respondent immediately should the point of contact change.
B. The City's designated representative: The City's designated representative shall be:
Marshall Reynolds
General Services
Phone: 512-218-5571
E-mail: Mreynolds@roundrocktexas.gov
C. Do not contact the individual listed above with questions or comments during the course of the
solicitation.
10. MATERIALS SPECIFICATIONS/DESCRIPTIVE LITERATURE:
A. If a solicitation refers to a Qualified Products List (QPL), Standard Products List (SPL) or a
manufacturer's name and product, any Offeror offering products not referenced in the solicitation must
submit as part of their Offer materials specifications/descriptive literature for the non-referenced
product. Materials specifications/descriptive literature must be identified to show the item(s) in the Offer
to which it applies.
B. Materials specifications/descriptive literature are defined as product manufacturer's catalog pages, "cut
sheets" applicable tests results, or related detailed documents that specify material construction,
performance parameters, and any industrial standards that are applicable such as ANSI, ASTM, ASME,
SAE, NFPA, NBS, EIA, ESL, and NSA. The submitted materials specifications/descriptive literature
must include the manufacturer's name and product number of the product being offered.
C. The failure of the materials specifications/descriptive literature to show that the product offered
conforms to the requirements of the Solicitation shall result in rejection of the Offer.
D. Failure to submit the materials specifications/descriptive literature as part of the Offer may subject the
Offer to disqualification from consideration for award.
11. INTERLOCAL PURCHASING AGREEMENTS:
A. The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the
Interlocal Cooperation Act, Chapter 791 of the Texas Government Code.
B. The Contractor may offer the same price and terms and conditions to other eligible agencies that have
an interlocal agreement with the City.
C. The City does not accept any responsibility or liability for the purchases by other government agencies
through an interlocal cooperative agreement.
Page 7 of 12
Exhibit "A"
City of Round Rock
Reusable Automotive Oil Filter System
RFP No. 24-014
Commodity Code: 060-42
DECEMBER 2023
PART IV
SPECIFICATIONS
1. PURPOSE AND BACKGROUND: The purpose of this contract is for the City of Round Rock to transition its
fleet over to reusable and cleanable automobile oil filters. The City projects this will save money over time
and presents a more environmentally friendly approach to fleet maintenance. The City fleet has over 400
Ford Vehicles and over 80 Chevrolet vehicles.
The following specifications are the City's preferred qualities based on research and experience. The City
will consider alternate specifications that will meet the goals of the contract and the City.
2. FILTER SPECIFICATIONS:A complete filter with a simple design to include an adaptor plate, housing,
filter element, and bypass valve. The filter must be easily disassembled and reassembled for cleaning with
no tools required.
A. Cannister(Body):
i. Made of one-piece machined billet-aluminum
ii. Minimum 1,000 psi burst rating
iii. Sealed with reusable Viton 0 O-Ring (or comparable)
B. Element:
i. Single element filter design
ii. Filtration rating of 20 microns or less
iii. Double woven T304 or better stainless-steel filter media
iv. Contain neodymium or similar magnets to attract fragments under 20 microns
C. Relief valve:
i. Machined billet-aluminum with stainless steel spring, ball, and seat
ii. Sealed with reusable Viton 0 O-Ring (or comparable)
D. Block adapter:
i. Made of one-piece billet-aluminum
ii. Sealed with reusable Viton®O-Ring (or comparable)
3. CLEANING SPECIFICATIONS:A self-contained high pressure automated filter element cleaning machine
and water reservoir. The machine with multiple dynamic element cleaning heads plus a cleaning wand to
wash external filter components. Capable of cleaning multiple elements of different sizes simultaneously.
A. Cleaning medium: The City prefers a cleaning process that:
i. Uses only hot water to clean filters
ii. Does not require cleaning chemicals
iii. All water used to clean the filters be filtered and returned to the reservoir for re-use
B. Cleaning Power:
i. Power requirement not to exceed three phase 240V AC
ii. Minimum of 3,000 psi hot water to wash the filter element
C. Water Reservoir:
i. Self-contained water reservoir with float level
D. Oil skimmer:
i. Reservoir-mounted automated oil skimmer
ii. Collects waste contaminates removed from the filters during the wash process
iii. Collected contaminates are easily removed for disposal
Page 8 of 12
Exhibit "A"
City of Round Rock
Reusable Automotive Oil Filter System
RFP No. 24-014
Commodity Code: 060-42
DECEMBER 2023
4. WARRANTY: The City would prefer filters with a lifetime warranty but will consider other durations. All
goods shall be warranted against defects in material and workmanship. The Respondent shall furnish a
copy of the manufacturer's warranty with their proposal for evaluation purposes.
5. CITY RESPONSIBILITIES: The City will-
A. Provide a single point of contact for the Contractor to coordinate deliveries
B. Provide water, power and air for any washing machine installations
C. Provide the Contractor with a City PO number prior to the shipment of any materials for reference on
the delivery order and invoice.
D. Contact the Contractor by e-mail or telephone to place an order for parts. The request will include the
part numbers, parts description, delivery requirements, and a unique delivery/purchase order number.
E. Provide associated work order to the Contractor to ensure warranty claims are made within acceptable
time frames.
Page 9 of 12
Exhibit "A"
City of Round Rock
Reusable Automotive Oil Filter System
RFP No. 24-014
Commodity Code: 060-42
DECEMBER 2023
PART V
PROPOSAL PREPARATION INSTRUCTIONS
AND EVALUATION FACTORS
1. PROPOSAL ACCEPTANCE PERIOD: All proposals are valid for a period of one hundred and twenty (120)
calendar days subsequent to the RFP closing date unless a longer acceptance period is offered in the
proposal.
2. PROPOSAL RESPONSE: Responses shall be clear and concise while appropriately responding to the
evaluation criteria listed below in Section 3. In order to do business with the City of Round Rock you must be
registered with the City's Vendor Database. To register, go to:
https:Hroundrocktxvendors.munisselfservice.com/Vendors/default.aspx
Proposal Submittal Instructions: The Respondent shall include all of the following documents in their
response-
Attachment A- Reference Sheet
❑ Attachment B- Proposal Submittal Form
❑ Acknowledged Addenda (if applicable)
❑ Company Information-which gives in brief, concise terms, a summation of the proposal. Include the
following-
Business Organization: State full name and address of your organization and identify parent company if
you are a subsidiary. Specify the branch office or other subordinate element which will perform, or assist
in performing, work herein. Indicate whether you operate as a partnership, corporation, or individual.
Include the State in which incorporated or licensed to operate.
Project Management Structure: Provide a general explanation and chart which specifies project
leadership and reporting responsibilities; and interface the team with City project management and team
personnel. If use of subcontractors is proposed, identify their placement in the primary management
structure, and provide internal management description for each subcontractor.
Authorized Negotiator: Include the name, email address, and telephone number of the person(s) in your
organization authorized to negotiate Contract terms and render binding decisions on Contract matters.
❑ Segment requirements listed below.
❑ A statement of your compliance with all applicable rules and regulations of Federal, State and Local
governing entities.
❑ List of Exceptions (if any)- Be advised that exceptions to any portion of the Solicitation may jeopardize
acceptance of the Proposal by the City. Exceptions to this solicitation if any, shall be submitted on a
separate sheet labeled "Exceptions"with the Respondent's proposal.
3. EVALUATION CRITERIA:
A. Segment 1 —Respondent's Solution and Warranty
i. Reusable Automobile Filter Solution: Define in detail how your solution meets or exceeds the goals
of the City presented in the Specifications of this request for proposal. Provide all details as required
in the Specifications and any additional information you deem necessary to evaluate your proposal.
ii. Product Warranty: Describe your product warranty and how it helps the City accomplish its goals.
Include your warranty process for replacements, repairs, etc. Include a copy of you warranty with you
submission.
B. Segment 2—Company Work Experience and Personnel
i. Prior Experience: State the number of years the Respondent company has been providing the
products and services requested in the solicitation. Describe only relevant municipal, governmental,
corporate, and individual experience for the company and personnel who will be actively engaged in
the project. Do not include corporate experience unless personnel assigned to this project actively
participated. Do not include experience prior to 2014. Supply the project title, year, and reference
name, title, present address, and phone number of principal persons for whom prior projects were
accomplished.
Page 10 of 12
Exhibit "A"
City of Round Rock
Reusable Automotive Oil Filter System
RFP No. 24-014
Commodity Code: 060-42
DECEMBER 2023
ii. Contractors' past performance with the City may be evaluated.
iii. Personnel: Include names, qualifications, and resumes of all personnel who will be assigned to the
account. State the primary work assigned to each person and the percentage of time each person will
devote to this work. Identify key persons by name and title.
C. Segment 3 —Cost Proposal: Information described in the following subsections is required from each
Proposer. Your method of costing may or may not be used but should be described. A firm fixed price or
not-to-exceed Contract is contemplated. Please include:
i. Costing for 500 reusable oil filters for 5.01- gasoline engine vehicles or smaller
ii. Reusable Oil Filter Cleaning Machine(s)
iii. Reusable Oil Filter Cleaning Machine Installation
iv. Training for Round Rock employees on cleaning machine operation
v. Any additional costs associated with your solution
vi. Total (not to exceed) Cost
In addition to the above, please include your cost catalog or pricing matrix for the City to use for
future orders or needs. This will not be evaluated but will become part of the contract.
4. EVALUATION SCORING: The intent of the City is to award to one Respondent in accordance with the
evaluation criteria below. The purpose of this evaluation criteria is to determine which proposal best meets
the requirements and provides the best overall value to the City.
A. Evaluation Criteria: Weights:
• Respondent's Solution and Warranty (Segment 1) 50 pts
• Company Work Experience and Personnel (Segment 2) 10 pts
• Cost Proposal (Segment 3) 40 pts
Maximum Weight: 100 pts
B. An evaluation committee will be established to evaluate the proposal. The committee will include
employees of the City and may include other impartial individuals who are not City employees. The
evaluation committee will determine if discussions and/or Best and Final Offers (BAFO) are necessary.
Award of a contract may be made without discussions or BAFO, if in the best interest of the City. The
evaluation committee may determine that discussions are necessary to clarify or verify a written proposal
response. The City may, at its discretion, elect to have respondents provide oral presentations of their
proposal. The City reserves the right to rescore an offer based on provided demonstrations. A request
for a BAFO is at the sole discretion of the City and will be requested in writing. The evaluation committee
will evaluate the finalists and make a recommendation for award.
C. The City reserves the right to reject any or all proposals submitted, or to award to the respondent who in
the City's opinion, offers the best value to the City. The City also reserves the right to cancel the RFP
process and pursue alternate methods for providing the requirements.
D. The City reserves the right to conduct studies and other investigations as necessary to evaluate any
proposal.
E. The City reserves the right to waive any minor technicality, irregularities, or informalities noted
in the submission process. Submission of proposal confers no legal rights upon any
Respondent.
F. The City reserves the right to request further documentation or information and to discuss proposal
response with any Respondent in order to answer questions or to clarify any aspects of the proposal.
G. The City may develop a "short list" of qualified proposal and may determine that the
Respondent(s) should submit a Best and Final Offer(BAFO). Each "short listed" Respondent will be
given a reasonable opportunity for discussion and revision of their proposal.
Page 11 of 12
Exhibit "A"
City of Round Rock
Reusable Automotive Oil Filter System
RFP No. 24-014
Commodity Code: 060-42
DECEMBER 2023
5. AGREEMENT NEGOTIATIONS AND AWARD PROCESS:
A. A proposal presented in response to this RFP is subject to negotiation concerning any issues deemed
relevant by the City. The City reserves the right to negotiate any issue with any party. Any unsolicited
communication by the Respondent to a City official, undesignated employee, or an evaluation team
member evaluating or considering the offers may be grounds for disqualifying the offending Offeror from
consideration of award.
B. Submission of proposal indicates the Respondent's acceptance of the evaluation process and recognition
that the City may make subjective judgments in evaluating the proposal to determine the best value for
the City.
C. If negotiations are successful, the City and Respondent may enter into an agreement. If negotiations are
unsuccessful, the City may formally end negotiations with that Respondent.
D. The City also reserves the right to reject any or all submittals, or to accept any submittal deemed most
advantageous, or to waive any irregularities or informalities in the submittal received.
E. An independent signed authorized Contract will be sent to the successful Respondent(s). Execution of a
City of Round Rock contract is required prior to starting work and processing any payments to the
Contractor.
6. POST AWARD MEETING: The City and the Respondent may schedule a post award meeting to discuss, but
not be limited to the following:
A. The method to provide a smooth and orderly transition of services performed from the current Contractor.
B. Provide City contact(s) information for implementation of the Agreement.
C. Identify specific milestones, goals, and strategies to meet objectives.
Page 12 of 12
Exhibit "A"
ATTACHMENT A
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: RFP 24-014
RESPONDENT'S NAME: Brandon Prater DATE: 2/15/24
Provide the name, address, telephone number and E-MAIL of at least three (3) valid Municipal,
Government agencies or firms of comparable size that have utilized services that are similar in type and
capacity within the last two (2) years. City of Round Rock references are not applicable. References may
be checked prior to award. If references cannot be confirmed or if any negative responses are received it
may result in the disqualification of submittal.
1. Company's Name Town of Westminster
Name of Contact Veronica Johnson
Title of Contact Management Analyst
E-Mail Address vejohnson@westminster-ca.gov
Present Address 8200 Westminster Blvd
City, State, Zip Code Westminster, California 92683
Telephone Number (714) 548-3243 Fax Number: ( )
2. Company's Name County of San Luis Obispo
Name of Contact Christopher Lopez
Title of Contact Central Services Director
E-Mail Address Fleet—services@co.slo.ca.us
Present Address 1055 Monterey Street
City, State, Zip Code San Luis Obispo, CA 93408
Telephone Number ( 805 ) 781-5120 Fax Number: ( )
3. Company's Name Culver City
Name of Contact Dia Turner
Title of Contact
E-Mail Address i a.turner@culvercity.orB
Present Address 4343 Duquesne Avenue
City, State, Zip Code Culver City, CA 90232
Telephone Number (310) 253-6500 (310) 253-6540 Fax Number: ( )
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
RFP 24-014 REUSABLE AUTOMOTIVE OIL FILTER SYSTEM
ATT, GG ENT B
SOLCITATIOYTFORM AND EXECUTION
NOTE: RESPONDENTS SHALL COMPLETE, SIGN, AND UPLOAD THIS ATTACHMENT WITH
THEIR SUBMITTAL/N BONFIRE. FAILURE TO DO SOMA Y RESULT/N DISQUALIFICATION OF
THE SUBMITTAL.
By signature hereon,the Respondent certifies that:
All statements, pricing and information prepared and submitted to the City's Bonfire portal in response to
this solicitation are current, complete, and accurate.
He/she has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity,
future employment, gift, loan gratuity, special discount, trip, favor, or service to a City employee, evaluator,
or evaluating entity in connection with the submitted response. Signing the Execution of Solicitation
Submittal Form with a false statement shall void the submitted offer or any resulting contracts.
Respondent represents and warrants that the individual signing this Execution of Solicitation Submittal
Form is authorized to sign this document, represent the Respondent and to bind the Respondent under
any contract resulting from this submittal.
RESPONDENT(COMPANY): PURE POWER PRODUCTS LLC
SIGNATURE (INK/DIGITAL): ��4
NAME (TYPED/PRINTED): Brandon Prater
TITLE: Owner DATE: 1/18/24
STREET: 549 Garcia Ave
CITY/STATE/ZIP: Pittsburg CA 94565
TELEPHONE& FAX NO.: 925-664-3794
E-MAIL ADDRESS: Brandon.prater@gppurepower.com
FEDERAL TAX IDENTIFICATION NUMBER(FIN): 99-0547065
By submitting a response to this solicitation, the Respondent agrees that the City's Definitions and Standard
Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically
provided otherwise in a separate agreement or on the face of a purchase order. In addition, the
Supplemental Terms and Conditions listed in Section III, shall also be enforced as part of the contract, and
can be obtained from the City's website at. https//www.roundrocktexas.gov/city-businesses/solicitations/
Exhibit "A"
Pure Power Products LLC
549 Garcia Ave, Suite F Bill to Ship to
Pittsburg, CA 94565 City of Round Rock City of Round Rock
Brandon.prater@gopurepowe 901 Luther Peterson Place 901 Luther Peterson Place
r.com
Round Rock,TX 78665 USA Round Rock,TX 78665 USA
Cost details Estimate date:
Cost sheet no.: 1116 1/17/2024
Product or service Amount
1. PP-8400 Series 500 units x$240.00 per filter
PP-8400 Series for your fleet will include the following filters: PP8431, PP8431-X, PP8433,
PP8433-X, PP8435, PP8440, PP8451-L.
2. Pure Power large Fleet cleaning Machine included with a minimum order of 500 filters.
3. Cleaning Machine Installation on Site$5,000.00.
This includes full service of installation of cleaning machine. 2 days for set up and installation for one
Pure Power Technician.
Requirements:Must have Air and Water set up and installed prior to appointment.
4.Training at site of Round Rock facility included.
Will train up to 2 outside technicians how to use and install the Industrial Washing Machine.
5.Additional Elements-50 units x$65.00.
NOTE
Each additional Filter listed above can be purchased at$160/per unit
Each additional element can be purchased at$65/per unit
Payment terms—50%due upon order, 25%upon shipment net 30 after installation and training is
completed.
TOTAL:
Total of goods$128,250.00
Freight-$3200
Total Cost not to exceed-$131,450