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Extracted text

MEMORANDUM
To: SFSWMA Joint Powers Board Members
From: Randall Kippenbrock, P.E., Executive Director RLK
Date: September 9, 2026
Subject: Request for Approval to Award ITB No. FY27-ITB-001 - Motor Oils, Lubricants,
Antifreeze and Related Products to Multiple Vendors
SUMMARY:
The Agency recommends awarding Invitation to Bid (ITB) No. FY27-ITB-001 for motor oils,
lubricants, antifreeze, and related products to three vendors.
On July 15, 2026, the Agency issued ITB No. FY27-ITB-001 to secure vendor pricing for fluids
and related products required to maintain the Agency’s commercial fleet of heavy trucks, heavy
equipment, and vehicles. Three companies responded on July 31, 2026.
• MOJO Auto Parts d/b/a/ Mighty Auto Parts #625B
• Safety-Kleen Systems
• Senergy Petroleum
After reviewing the bids, the Agency confirmed that three bids met the minimum requirements
specified in the ITB.
The Agency also requests approval of Price Agreements (Agreements) with three vendors. The
Agreements may be extended for nine (9) additional years, on a year-to-year basis, at the same
price terms and conditions, by mutual agreement between the vendor and the Agency. The
Agreements cannot exceed ten years.
The Agreements do not commit the Agency to a specific quantity or dollar amount for fluids or
materials. Instead, the Agreements allow the Agency to procure fluids and materials as needed
from multiple vendors.
Funding is available from:
• 8100851.520400 (Repair and Maintenance, Machine and Equipment – Landfill)
• 8100852.520400 (Repair and Maintenance, Machine and Equipment – BuRRT)
BACKGROUND:
The ITB included a list of Chevron products used by the Agency. Bidders were informed that other
products offered by the bidders must meet or exceed the performance standards of the
corresponding Chevron product.

This ITB allows other government entities to procure the specified goods under this solicitation.
As a multiple-award procurement, this approach affords the greatest flexibility for the Agency and
others to secure fluids and materials.
ACTION REQUESTED:
The Agency recommends awarding ITB No. FY27-ITB-001– Motor Oils, Lubricants, Antifreeze
and Related Products – to multiple vendors.
Attachments:
1) Price Agreement – MOJO Auto Parts d/b/a/ Mighty Auto Parts #625
2) Price Agreement – Safety-Kleen Systems
3) Price Agreement – Senergy Petroleum
4) ITB No. FY27-ITB-001 – Motor Oils, Lubricants, Antifreeze and Related Products –
Without Appendices
M:\Memo\090926.3.docx

ATTACHMENT 1
Price Agreement
MOJO Auto Parts d/b/a/ Mighty Auto Parts #625B

SANTA FE SOLID WASTE MANAGEMENT AGENCY
PRICE AGREEMENT WITH
MOJO AUTO PARTS, LLC
(Motor Oils, Lubricants, Antifreeze and Related Products – 2026)
This PRICE AGREEMENT (“Agreement”) is made and entered into this 17th day of
September 2026 by and between the Santa Fe Solid Waste Management Agency ("Agency") and
MOJO Auto Parts, LLC d/b/a Mighty Auto Parts ("Contractor") for an indefinite quantity of motor
oils, lubricants, antifreeze and related products as described in ITB No. FY27-ITB-001 and below.
1. SCOPE OF AGREEMENT
The items to be provided under this Agreement are set forth in ITB No. FY27-ITB-001 and
all terms, specifications and conditions contained therein and Contractor's response for cost of items
and services submitted thereto, all of which are incorporated into this Agreement and attached hereto
as Exhibit A.
2. STANDARDS OF PERFORMANCE; LICENSES
A. Contractor represents that it possesses the experience and knowledge necessary to
perform the services described in this Agreement.
B. Contractor agrees to obtain and maintain throughout the term of this Agreement all
applicable professional and business licenses required by law for itself and its employees,
agents, representatives and subcontractors.
3. DEFINITIONS
A. Agency means the Santa Fe Solid Waste Management Agency.
B. Agency Facility means the Caja del Rio Landfill located at 149 Wildlife Way, Santa
Fe, New Mexico 87506.
C. Items means tangible goods or tangible items of personal property required for

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 2
Agency operations. All items must be new and of the most current production, unless
otherwise specified.
D. Price means the discounted price or costs for product(s) paid by the Agency as
described in Exhibit A.
E. Price Agreement means this indefinite quantity Price Agreement which requires
Contractor to provide product(s) to the Agency.
F. Purchase Order means a fully executed purchase document issued by the City of
Santa Fe Purchasing Department on behalf of the Agency that specifies the items and
services to be provided by Contractor.
G. Services mean services to be performed by personnel that do not need extensive
education or specialty training or licensing. Services exclude professional services that are
typically performed by a person holding a license, such as engineering, architecture, or
legal services.
H. Tangible goods are products that can be touched. This includes software licenses
and intellectual property.
4. ITEMS / SERVICES TO BE PROVIDED
A. Price of Items: Exhibit A of this Agreement contains the prices for Contractor’s
items (i.e., tangible goods) and services. Exhibit A also indicates any specifications
required for the items and services, if any, that are the subject of this Agreement.
B. Purchase Orders: The Agency may issue purchase orders for the purchase of the
items listed in Exhibit A. Any service ordered by the Agency must be a service described
in Exhibit A. All purchase orders for items and services issued hereunder must reference
the purchase order number and Price Agreement number ITB No. FY27-ITB-001.

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 3
C. Quantities: It is understood that this is an indefinite-quantity Price Agreement, and
the Agency may purchase any quantity of the item(s) or services listed in Exhibit A on an
as-needed basis. No guarantee or warranty is made or implied that any order for a definite
quantity of item(s) or services will be issued under this Agreement. Contractor is required
to accept the purchase order(s) and furnish the item(s) and services.
D. Specifications: The services furnished under this Agreement shall meet or exceed
the specifications provided in ITB No. FY27-ITB-001, including any addenda. Purchase
orders issued pursuant to this Agreement must identify the applicable Agreement items or
services.
E. Delivery and Billing Instructions
1) Contractor shall deliver the items and services in accordance with the Agency’s
instructions. Each delivery shall be accompanied by a packing slip which itemizes
materials and quantities delivered, packaging, purchase order number, Price
Agreement number and Agency facility.
2) Delivery shall be made within three (3) business days of order placement.
Contractor shall notify the Agency immediately if delivery is expected to exceed
this time frame or if the complete order cannot be fulfilled.
3) Whenever the Agency does not accept any deliverable and returns it to Contractor,
all related documentation furnished by Contractor shall also be returned.
4) The Agency shall notify Contractor within five (5) business days if a deliverable is
deemed unacceptable by the Agency.
5) Prices listed in Exhibit A shall be the fixed prices for the items and rates for the
services, respectively.

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 4
6) Prices listed in Exhibit A for the items and services shall remain in effect for the
term of this Agreement.
5. COMMERCIAL WARRANTY
Contractor agrees that the items or services furnished under this Agreement shall be
covered by the most favorable commercial warranties Contractor gives for such to any customers
for such items or services. The rights and remedies provided herein shall extend to the Agency
and are in addition to and do not limit any rights afforded by the Agency by any other Article of
this Agreement. Contractor agrees not to disclaim warranties of fitness for a particular purpose of
merchantability.
6. PAYMENTS
A. All payments under this Agreement are subject to the following provisions.
1) Inspection - final inspection and acceptance of all items and services ordered shall
be made at the Agency Facility. Items rejected at the Agency Facility for non-
conformance with specifications shall be removed, at Contractor's risk and expense,
promptly after notice of rejection.
2) Acceptance - in accordance with NMSA 1978, Section 13-1-158, the Agency shall
determine if the items meet specifications, and may accept the items if the items
meet specifications. No payment shall be made for any items until the items have
been accepted in writing by the Agency. Unless otherwise agreed upon between the
Agency and Contractor, within thirty (30) days from the receipt of items, the
Agency shall issue a written certification of complete or partial acceptance or
rejection of the items. The time period shall begin at the time of receipt of the final
shipment when there are multiple shipments per purchase order. Unless the Agency

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 5
gives notice of rejection within the specified time period, the items will be deemed
to have been accepted.
3) Issuance of Purchase Orders - only written, signed and properly executed Purchase
Orders are valid under this Agreement.
4) Invoices: Contractor may submit invoices for payment no more frequently than
monthly. Contractor's invoice shall contain the following information: Purchase
Order number, Price Agreement number, description of supplies or services,
quantities, unit prices, extended totals, delivery tickets and applicable taxes.
Separate invoices shall be rendered for each and every complete shipment. Invoices
must be submitted to the Agency and not the City of Santa Fe Purchasing Division.
5) Payment of Invoices: Upon written certification from the Agency that the Items and
Services have been received and accepted, the Agency shall pay to Contractor in
full payment for services rendered, including applicable New Mexico gross receipts
taxes.
6) Gross Receipts Tax: Applicable New Mexico gross receipts tax shall be included
on each invoice and shown as a separate item to be paid. Contractor shall be
responsible for payment of gross receipts tax levied by the State of New Mexico on
the sums payable under this Agreement.
7. APPROPRIATIONS
The terms of this Agreement are contingent upon sufficient appropriations to and
authorization from the Joint Powers Board for the Agency for the performance of this Agreement. If
sufficient appropriations are not made or authorization is not provided, this Agreement shall terminate
upon written notice from the Agency to Contractor. The Agency shall be responsible for charges

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 6
incurred up to the date of notification under this Section, per Section 10 of this Agreement. The
Agency’s determination of whether sufficient appropriations are available shall be accepted by
Contractor and shall be final.
8. TERM AND EFFECTIVE DATE
A. This Agreement shall be effective when signed by the Agency and terminate on
September 17, 2027, unless it is terminated sooner pursuant to Article 7 or Article 10 of
this Agreement.
B. Pursuant to the limitations on multi-term contracts for services codified in NMSA
1978 § 13-1-150, this Agreement may not exceed ten years, including all extensions and
renewals. Subject to that limitation, the Agreement can be renewed annually, if agreed
upon by the Agency and Contractor.
9. CANCELLATION
A. The Agency reserves the right, without cost to the Agency, to cancel all or any part
of any order placed under this Agreement if the services or deliverables fail to meet the
requirements of this Agreement.
B. The failure of Contractor to perform its obligations under this Agreement shall
constitute a default under this Agreement.
C. Contractor may be excused from performance if Contractor’s failure to perform the
Purchase Order arises from causes beyond the control and without the fault or negligence,
unless the Agency determines that the item to be furnished by a subcontractor is obtainable
from other sources in sufficient time to permit Contractor to meet the required delivery
schedule.

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D. Such causes of excuse include, but are not limited to, acts of God or the public
enemy, acts of the federal, state, or local government, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, unusually severe weather, and subcontractor
defaults due to any of the above.
E. The Agency may cancel all, or any part, of any purchase order without cost to the
Agency if Contractor fails to meet material provisions of the purchase order and Contractor
shall be liable for any excess costs incurred by the Agency that are associated with such
default.
10. TERMINATION
A. Consistent with applicable New Mexico law, this Agreement may be terminated by
the Agency, without penalty, at any time prior to the expiration date of this Agreement.
The Agency will provide ten (10) days' prior written notice to Contractor of the date of
termination. Notice of termination of this Agreement shall not affect any outstanding
Purchase Order(s) issued under this Agreement prior to the effective date of termination
for convenience by the Agency.
B. The Agency further reserves the right to cancel all or any part of this Agreement at
no cost to the Agency if Contractor fails to meet the provisions of this Agreement and to
hold Contractor liable for any excess costs associated with Contractor’s default. The rights
and remedies of the Agency are not limited to those provided in this Article and are in
addition to any other rights provided by law.

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 8
11. STATUS OF CONTRACTOR; RESPONSIBILITY FOR PAYMENT OF
EMPLOYEES AND SUBCONTRACTORS
A. Contractor, its agents, and its employees are independent contractors performing
services for the Agency and are not employees of the Agency.
B. Contractor, its agents, and its employees shall not accrue leave, retirement, insurance,
bonding, or any other benefits afforded to employees of the Agency and shall not be permitted
to use Agency vehicles in the performance of this Agreement.
C. Contractor shall be solely responsible for payment of wages, salaries, and benefits
to any and all employees or subcontractors Contractor retains to perform any of its
obligations pursuant to this Agreement.
12. CONFIDENTIALITY
Any confidential information provided to or developed by Contractor in the performance of
this Agreement shall be kept confidential and shall not be disclosed by Contractor to any individual
or organization without the Agency’s prior written approval.
13. CONFLICT OF INTEREST
A. Contractor warrants that it presently has no interest and shall not acquire any interest,
direct or indirect, that would conflict in any manner or degree with its performance of its
obligations pursuant to this Agreement. Contractor further agrees that it shall not employ or
contract with anyone in the performance of this Agreement who has any such conflict of
interest.
B. Contractor shall comply with all applicable provisions of the New Mexico
Governmental Conduct Act and the New Mexico Financial Disclosures Act.

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 9
14. APPROVAL OF CONTRACTOR’S REPRESENTATIVES
The Agency reserves the right to require a change in Contractor representatives if the
assigned representatives, in the Agency's opinion, are not adequately serving the Agency's needs.
15. ASSIGNMENT; SUBCONTRACTING
Contractor shall not assign or transfer any rights, privileges, obligations or other interests
under this Agreement, including any claims for money due, without the Agency’s prior written
consent. Contractor shall not subcontract any portion of the services to be performed under this
Agreement without the Agency’s prior written approval.
16. NON-COLLUSION
In signing this Agreement, Contractor certifies that it has not, either directly or indirectly, entered
into action in restraint of free competitive bidding in connection with its offer and this Agreement.
17. RELEASE
Contractor, upon acceptance of final payment of the amount due under this Agreement,
releases the Agency, its officers, and its employees from all liabilities, claims, and obligations arising
from or under this Agreement. Contractor agrees not to purport to bind the Agency to any obligation
not assumed herein by the Agency unless Contractor has express written authority to do so, and then
only within the strict limits of that authority.
18. INSURANCE
Contractor, at its own cost and expense, shall carry and maintain in full force and effect
during the term of this Agreement commercial general liability insurance which shall be written
on an occurrence basis with coverage at least as broad as Insurance Services Office (ISO) form
CG 00 01 with limits not less than $1,000,000 for each occurrence and $2,000,000 in general
aggregate against claims for bodily injury and property damage liability, including products-

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 10
completed operations and contractual liability coverage, in a form and with an insurance company
acceptable to the Agency. The Agency, its directors, employees, and agents shall be named as an
additional insured for all ongoing and completed operations. Such policy shall be primary with
respect to all claims arising out of Contractor’s performance under this Agreement and any
insurance or self-insurance maintained by the Agency shall not be required to contribute with it.
In the event of cancellation or non-renewal of the policy, the Agency shall be provided with no
less than thirty (30) days prior written notice. Contractor shall furnish the Agency with a Certificate
of Insurance evidencing Contractor’s compliance with the provisions of this Section 18 as a condition
of entering into this Agreement.
A. Contractor shall carry and maintain Workers’ Compensation insurance in
accordance with New Mexico law to provide coverage for Contractor’s employees
throughout the term of this Agreement. The Workers’ Compensation policy shall be
endorsed with a waiver of subrogation in favor of the Agency, its directors, employees, and
agents. Contractor shall provide the Agency with evidence demonstrating that appropriate
Workers’ Compensation insurance has been obtained.
B. Contractor shall carry and maintain automobile liability insurance covering all
owned, non-owned, or hired automobiles used in the performance of this Agreement with
limits not less than $3,000,000 combined single limit for each accident. The Automobile
Liability policy shall include Pollution Liability coverage with coverage as broad as ISO
for CA 99 48 or equivalent.
C. Contractor shall also carry and maintain throughout the term of this Agreement
erroneous delivery liability or errors and omissions insurance in the amount of $1,000,000
per occurrence.

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 11
19. INDEMNIFICATION
Contractor shall indemnify, hold harmless and defend the Agency from all losses, damages,
claims or judgments, including payment of all attorneys’ fees and costs on account of any suit,
judgment, execution, claim, action, or demand whatsoever to the extent arising from the acts, errors,
or omissions, or willful and reckless disregard of obligations under this Agreement, in the
performance of any services covered by this Agreement, whether occurring on Agency managed or
owned property or otherwise, by Contractor or its employees, agents, representatives, or
subcontractors, excepting only such liability that arises out of the Agency’s gross negligence or willful
misconduct.
20. NEW MEXICO TORT CLAIMS ACT
Any liability incurred by the Agency in connection with this Agreement is subject to the
immunities and limitations set forth in the New Mexico Tort Claims Act, NMSA 1978 §§ 41-4-1 to
41-4-27. The Agency and its employees do not waive sovereign immunity, any available defense, or
any limitation of liability recognized by law. No provision in this Agreement modifies or waives any
provision of the New Mexico Tort Claims Act.
21. THIRD-PARTY BENEFICIARIES
By entering into this Agreement, the parties do not intend to create any right, title, or interest
in, or for the benefit of, any person other than the Agency and Contractor. No person shall claim any
right, title or interest under this Agreement or seek to enforce this Agreement as a third-party
beneficiary.

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 12
22. RECORDS AND AUDIT
Contractor shall maintain detailed records throughout the term of this Agreement and for three
years thereafter, indicating the date, time, and nature of services rendered. These records shall be
subject to inspection by the Agency, the City of Santa Fe Finance Department, and the State Auditor.
The Agency shall have the right to audit billing both before and after payment. Payment under this
Agreement shall not foreclose the Agency's right to recover excessive or illegal payments.
23. APPLICABLE LAW; CHOICE OF LAW; VENUE
Contractor shall abide by all applicable federal and state laws and regulations, and all
ordinances, rules and regulations of the Agency. In any action, suit, or legal dispute arising from
this Agreement, Contractor agrees that the laws of the State of New Mexico shall govern. The
parties agree that any action or suit arising from this Agreement shall be commenced in the First
Judicial District, State of New Mexico.
24. AMENDMENT
This Agreement may be amended only by mutual agreement of the Agency and Contractor
upon written notice from either party to the other. Any such amendment shall be in writing and signed
by the parties hereto. Unless otherwise agreed by the parties, an amendment shall not affect any
outstanding purchase order(s) issued by the Agency prior to the effective date of the amendment.
25. SCOPE OF AGREEMENT
This Agreement expresses the entire agreement and understanding between the parties with
respect to Contractor’s Items and Services attached hereto as Exhibit A. No prior agreement or
understanding, whether verbal or otherwise, of the parties or their agents shall be valid or enforceable
unless embodied in this Agreement.

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 13
26. NON-DISCRIMINATION
During the term of this Agreement, Contractor shall not discriminate against any employee
or applicant for an employment position to be used in the performance of the services Contractor
undertakes pursuant to this Agreement on the basis of ethnicity, race, age, religion, creed, color,
national origin, ancestry, sex, gender, sexual orientation, physical or mental disability, medical
condition, or citizenship status.
27. SEVERABILITY
If one or more of the provisions of this Agreement or any application thereof is found to be
invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the
remaining provisions of the Agreement and any other application thereof shall not in any way be
affected or impaired.
28. NOTICES
A. Any notice required to be given under this Agreement shall be in writing and served
to the parties at the following addresses:
AGENCY: Randall Kippenbrock, P.E.
Executive Director
Santa Fe Solid Waste Management Agency
149 Wildlife Way
Santa Fe, NM 87506
CONTRACTOR: Jason Coyle
General Manager
MOJO Auto Parts, LLC d/b/a Mighty Auto Parts
2832 Girard Blvd NE
Albuquerque, NM 87107

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 14
B. Such notices may be delivered by:
1) personal delivery;
2) certified U.S. mail, return receipt requested; or
3) recognized overnight delivery service.
C. Any such notice shall be effective upon actual receipt by the party entitled thereto.
D. Any party may change its address for purposes of this Article by giving notice to the
other party as herein provided.
29. COMPLIANCE WITH LAWS AND REGULATIONS; PROHIBITION OF
BRIBES, GRATUITIES, AND KICKBACKS
Contractor shall comply with all applicable federal, state, and local laws and regulations
throughout the term of this Agreement. Contractor expressly acknowledges that the New Mexico
Procurement Code, NMSA 1978, Sections 13-1-28 through 13-1-199, imposes civil and criminal
penalties for violations, and that New Mexico criminal statutes impose penalties for bribes,
gratuities, and kickbacks.

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 15
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth
below.
SANTA FE SOLID WASTE MANAGEMENT AGENCY:
________________________ _________________
Lisa Cacari Stone Date:
Chairperson, Joint Powers Board
CONTRACTOR:
________________________ __________________
Jason Coyle Date:
General Manager
MOJO Auto Parts d/b/a Mighty Auto Parts
APPROVED AS TO FORM:
________________________ __________________
Nancy R. Long Date:
Agency Attorney

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 16
EXHIBIT A

ATTACHMENT 2
Price Agreement
Safety-Kleen Systems

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 17
ITEMS / SERVICES TO BE PROVIDED
ITB No. FY27-ITB-001
1. GENERAL CONDITIONS
A. This Agreement is established for the purchase and delivery of motor oils,
lubricants, antifreeze, and related products for the Agency, hereinafter referred to as
products. The Agency operates a variety of vehicles and heavy and industrial equipment in
support of its operations, all of which require manufacturer-approved products. The
products listed in Section 5 of Exhibit A are specific to the fleet the Agency currently
maintains. However, the Agency may require additional products in the future. Thus, the
list of products may be revised through an amendment to this Agreement.
B. All products offered under this Agreement shall be approved for year-round use
under all load conditions typical of normal fleet operations. All products shall be
guaranteed not to adversely affect the original factory engine warranty when used as
prescribed by the original engine manufacturer.
C. All deliveries must be within the Santa Fe area.
D. All delivery vehicles shall comply with Federal, State, and Local laws and
regulations.
E. All delivered drums shall be in satisfactory condition, with minimal dents and free
of rust. The Agency shall reject unsatisfactory drums upon delivery, and Contractor shall
replace them within 24 hours at no charge to the Agency.
F. Contractor shall be responsible, at no cost to the Agency, for the cleanup and
remediation of any contamination or spill resulting from delivery, transfer, or unloading at
Agency-owned facilities.

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G. Contractor shall provide manufacturers’ Safety Data Sheets (SDS) for all covered
products delivered to the Agency at the time of delivery.
2. SAMPLES AND TESTING
A. Products provided under this Agreement shall be free from contamination.
B. Random sample tests for all products may be performed at the time of delivery to
ensure that the product meets specifications. Testing costs will be paid by the Agency
unless the sample is not in compliance, in which case the cost will be borne by the
Contractor.
C. If the Agency determines that the product does not comply with the specifications
herein, the Contractor will be notified by e-mail or phone. Contractor shall have forty-eight
(48) hours from the time of notification to rectify the problem to the satisfaction of the
Agency and/or remove the product, if circumstances dictate.
D. Testing shall be ordered by the Agency through a qualified laboratory if Agency
vehicles and/or pieces of heavy equipment require repairs due to the use of product(s)
provided under this Agreement that do not meet the manufacturer’s specifications. If the
malfunction is proven to be the result of the supplied product, Contractor shall be
responsible for all repairs necessary to return the vehicle(s) and/or pieces of heavy
equipment to good operating condition.
3. ORDERS AND DELIVERY
A. When delivering in bulk, product quantity shall be measured in gross gallons.
B. An authorized Agency representative must be on site at the time of any delivery.
Contractor must obtain the printed name and signature of the Agency representative
receiving the delivery.

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C. Delivery shall be made within three (3) business days of order placement, excluding
weekends (Saturdays and Sundays) and any state or federal holidays observed by the
Agency. Deliveries shall be made during the Agency’s normal operating hours unless
different parameters are mutually agreed upon in writing between Contractor and the
Agency’s representatives. Contractor shall pick up any number of empty drums upon
delivery of orders. Contractor shall notify the Agency immediately if delivery is expected
to exceed this time frame or if the complete order cannot be fulfilled.
D. Each delivery shall be accompanied by a packing slip that itemizes the products
and quantities delivered, packaging, contract number, purchase order number and delivery
location.
E. Notwithstanding the existence of this Agreement, the Agency reserves the right to
order any product(s) required for an emergency from any Contractor who can deliver such
product(s) to meet the Agency's requirements, without waiving or voiding any of the terms
of this Agreement.
F. All prices shall be F.O.B. destination at the delivery location designated by the
Agency. Contractor shall retain title and control of all goods until delivery is made and the
contract coverage is completed. All risk of transportation and all related charges shall be
the responsibility of the Contractor.
G. Contractor shall be responsible for all spillage that may occur during transit and
unloading operations. Contractor shall immediately report spillage to the Agency, the
appropriate fire department, and any agency with regulatory authority over hazardous
materials spills. Contractor shall contain and remediate spillage in accordance with US
EPA and State of New Mexico regulations and guidelines. Contractor shall be responsible

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 20
for containment and cleanup costs for the immediate area and all affected areas, including,
but not limited to, surface, subsurface, and water.
H. Contractor shall also be responsible for all cleanup required on all Agency’s
property, storage facilities, and equipment resulting from noncompliance with
specifications. Furthermore, Contractor shall be fully responsible for any and all costs
incurred by the Agency for any equipment damaged by a contaminated product(s) that
Contractor has delivered.
4. BILLING LOCATION AND CONTACT
A. Contractor shall request the proper billing address upon receipt of an order to ensure
prompt and efficient payment from the Agency. Incorrect billing may cause payment
delays.
B. The billing address is as follows:
Santa Fe Solid Waste Management Agency
Attn: Accounts Payable
149 Wildlife Way
Santa Fe, NM 87506
Telephone: (505) 424-1850 x 140
Email: accountspayable@sfswma.org

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 21
5. CONTRACTOR’S UNIT PRICING
Antifreeze Unit Unit Price Specific Grade/Brand
Offered
DELO® XLC Antifreeze/Coolant 55-Gallon Drum $501.29 HDRed Ext Life Premix 55g
(50/50)
Industrial Oils Unit Unit Price Specific Grade/Brand
Offered
Chevron Hydraulic Oil AW 55-Gallon Drum $893.36 Mag1 AW HYD ISO 46
(ISO 46)
RANDO HDZ 55-Gallon Drum $1,057.00 Hot Shot Secret
(ISO 46)
Automatic Transmission Fluid Unit Unit Price Specific Grade/Brand
Offered
Chevron 1000 THF 5-Gallon Pail $134.06 Engine Guard MV ATF
TranSynd 5-Gallon Pail $262.11 Kendall HD ATF
(Allison Transmission) 55-Gallon Drum $2,268.96 Kendall HD ATF
Motor Oils Unit Unit Price Specific Grade/Brand
Offered
DELO® 400 SDE 55-Gallon Drum $1,369.50 Engine Guard
SAE 15w40
Chevron DELO 400 LE 15w40 55-Gallon Drum $1,369.50 Engine Guard
Gear/Drive Oils Unit Unit Price Specific Grade/Brand
Offered
DELO® Gear EP-5 Case - Quarts $8.17 Engine Guard
(SAE 80w-90) 55-Gallon Drum $1,331.00 Engine Guard
DELO® Gear EP-5 Case - Quarts $14.42 Engine Guard
(SAE 75w-140) 5-Gallon Pail $204.94 Engine Guard
Chevron DELO Gear Oil (SAE
80w90)
Case - Quarts $8.17 Engine Guard
55-Gallon Drum $1,331.00 Engine Guard
DELO® TorqForce® 55-Gallon Drum $918.50 Mag1
(SAE 10w)
DELO® TorqForce® 55-Gallon Drum $985.29 Mag1
(SAE 30w)

MOJO Auto Parts – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 22
Grease Unit Unit Specific Grade/Brand
OfferedPrice
DELO® Grease EP Case - 14 oz tubes $55.10 Engine Guard
(#2) Drum $701.72 Engine Guard
Miscellaneous Fluids Unit Unit Price Specific Grade/Brand
Offered
Diesel Exhaust Fluid (DEF) 2.5 Gallon Container $14.00 Mighty Engine Guard
Howe’s Diesel Conditioner and
Anti-Gel Case - Quarts $24.17 Hot Shot Secret
Other Discount
% Discount off other products
NOT listed above from the
current vendor’s online catalog)
20% off list

SANTA FE SOLID WASTE MANAGEMENT AGENCY
PRICE AGREEMENT WITH
SAFETY-KLEEN SYSTEMS, INC.
(Motor Oils, Lubricants, Antifreeze and Related Products – 2026)
This PRICE AGREEMENT (“Agreement”) is made and entered into this 17th day of
September 2026 by and between the Santa Fe Solid Waste Management Agency ("Agency") and
Safety-Kleen Systems, Inc. ("Contractor") for an indefinite quantity of motor oils, lubricants,
antifreeze and related products as described in ITB No. FY27-ITB-001 and below.
1. SCOPE OF AGREEMENT
The items to be provided under this Agreement are set forth in ITB No. FY27-ITB-001 and
all terms, specifications and conditions contained therein and Contractor's response for cost of items
and services submitted thereto, all of which are incorporated into this Agreement and attached hereto
as Exhibit A.
2. STANDARDS OF PERFORMANCE; LICENSES
A. Contractor represents that it possesses the experience and knowledge necessary to
perform the services described in this Agreement.
B. Contractor agrees to obtain and maintain throughout the term of this Agreement all
applicable professional and business licenses required by law for itself and its employees,
agents, representatives and subcontractors.
3. DEFINITIONS
A. Agency means the Santa Fe Solid Waste Management Agency.
B. Agency Facility means the Caja del Rio Landfill located at 149 Wildlife Way, Santa
Fe, New Mexico 87506.
C. Items means tangible goods or tangible items of personal property required for

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 2
Agency operations. All items must be new and of the most current production, unless
otherwise specified.
D. Price means the discounted price or costs for product(s) paid by the Agency as
described in Exhibit A.
E. Price Agreement means this indefinite quantity Price Agreement which requires
Contractor to provide product(s) to the Agency.
F. Purchase Order means a fully executed purchase document issued by the City of
Santa Fe Purchasing Department on behalf of the Agency that specifies the items and
services to be provided by Contractor.
G. Services mean services to be performed by personnel that do not need extensive
education or specialty training or licensing. Services exclude professional services that are
typically performed by a person holding a license, such as engineering, architecture, or
legal services.
H. Tangible goods are products that can be touched. This includes software licenses
and intellectual property.
4. ITEMS / SERVICES TO BE PROVIDED
A. Price of Items: Exhibit A of this Agreement contains the prices for Contractor’s
items (i.e., tangible goods) and services. Exhibit A also indicates any specifications
required for the items and services, if any, that are the subject of this Agreement.
B. Purchase Orders: The Agency may issue purchase orders for the purchase of the
items listed in Exhibit A. Any service ordered by the Agency must be a service described
in Exhibit A. All purchase orders for items and services issued hereunder must reference
the purchase order number and Price Agreement number ITB No. FY27-ITB-001.

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 3
C. Quantities: It is understood that this is an indefinite-quantity Price Agreement, and
the Agency may purchase any quantity of the item(s) or services listed in Exhibit A on an
as-needed basis. No guarantee or warranty is made or implied that any order for a definite
quantity of item(s) or services will be issued under this Agreement. Contractor is required
to accept the purchase order(s) and furnish the item(s) and services.
D. Specifications: The services furnished under this Agreement shall meet or exceed
the specifications provided in ITB No. FY27-ITB-001, including any addenda. Purchase
orders issued pursuant to this Agreement must identify the applicable Agreement items or
services.
E. Delivery and Billing Instructions
1) Contractor shall deliver the items and services in accordance with the Agency’s
instructions. Each delivery shall be accompanied by a packing slip which itemizes
materials and quantities delivered, packaging, purchase order number, Price
Agreement number and Agency facility.
2) Delivery shall be made within three (3) business days of order placement.
Contractor shall notify the Agency immediately if delivery is expected to exceed
this time frame or if the complete order cannot be fulfilled.
3) Whenever the Agency does not accept any deliverable and returns it to Contractor,
all related documentation furnished by Contractor shall also be returned.
4) The Agency shall notify Contractor within five (5) business days if a deliverable is
deemed unacceptable by the Agency.
5) Prices listed in Exhibit A shall be the fixed prices for the items and rates for the
services, respectively.

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 4
6) Prices listed in Exhibit A for the items and services shall remain in effect for the
term of this Agreement.
5. COMMERCIAL WARRANTY
Contractor agrees that the items or services furnished under this Agreement shall be
covered by the most favorable commercial warranties Contractor gives for such to any customers
for such items or services. The rights and remedies provided herein shall extend to the Agency
and are in addition to and do not limit any rights afforded by the Agency by any other Article of
this Agreement. Contractor agrees not to disclaim warranties of fitness for a particular purpose of
merchantability.
6. PAYMENTS
A. All payments under this Agreement are subject to the following provisions.
1) Inspection - final inspection and acceptance of all items and services ordered shall
be made at the Agency Facility. Items rejected at the Agency Facility for non-
conformance with specifications shall be removed, at Contractor's risk and expense,
promptly after notice of rejection.
2) Acceptance - in accordance with NMSA 1978, Section 13-1-158, the Agency shall
determine if the items meet specifications, and may accept the items if the items
meet specifications. No payment shall be made for any items until the items have
been accepted in writing by the Agency. Unless otherwise agreed upon between the
Agency and Contractor, within thirty (30) days from the receipt of items, the
Agency shall issue a written certification of complete or partial acceptance or
rejection of the items. The time period shall begin at the time of receipt of the final
shipment when there are multiple shipments per purchase order. Unless the Agency

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 5
gives notice of rejection within the specified time period, the items will be deemed
to have been accepted.
3) Issuance of Purchase Orders - only written, signed and properly executed Purchase
Orders are valid under this Agreement.
4) Invoices: Contractor may submit invoices for payment no more frequently than
monthly. Contractor's invoice shall contain the following information: Purchase
Order number, Price Agreement number, description of supplies or services,
quantities, unit prices, extended totals, delivery tickets and applicable taxes.
Separate invoices shall be rendered for each and every complete shipment. Invoices
must be submitted to the Agency and not the City of Santa Fe Purchasing Division.
5) Payment of Invoices: Upon written certification from the Agency that the Items and
Services have been received and accepted, the Agency shall pay to Contractor in
full payment for services rendered, including applicable New Mexico gross receipts
taxes.
6) Gross Receipts Tax: Applicable New Mexico gross receipts tax shall be included
on each invoice and shown as a separate item to be paid. Contractor shall be
responsible for payment of gross receipts tax levied by the State of New Mexico on
the sums payable under this Agreement.
7. APPROPRIATIONS
The terms of this Agreement are contingent upon sufficient appropriations to and
authorization from the Joint Powers Board for the Agency for the performance of this Agreement. If
sufficient appropriations are not made or authorization is not provided, this Agreement shall terminate
upon written notice from the Agency to Contractor. The Agency shall be responsible for charges

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 6
incurred up to the date of notification under this Section, per Section 10 of this Agreement. The
Agency’s determination of whether sufficient appropriations are available shall be accepted by
Contractor and shall be final.
8. TERM AND EFFECTIVE DATE
A. This Agreement shall be effective when signed by the Agency and terminate on
September 17, 2027, unless it is terminated sooner pursuant to Article 7 or Article 10 of
this Agreement.
B. Pursuant to the limitations on multi-term contracts for services codified in NMSA
1978 § 13-1-150, this Agreement may not exceed ten years, including all extensions and
renewals. Subject to that limitation, the Agreement can be renewed annually, if agreed
upon by the Agency and Contractor.
9. CANCELLATION
A. The Agency reserves the right, without cost to the Agency, to cancel all or any part
of any order placed under this Agreement if the services or deliverables fail to meet the
requirements of this Agreement.
B. The failure of Contractor to perform its obligations under this Agreement shall
constitute a default under this Agreement.
C. Contractor may be excused from performance if Contractor’s failure to perform the
Purchase Order arises from causes beyond the control and without the fault or negligence,
unless the Agency determines that the item to be furnished by a subcontractor is obtainable
from other sources in sufficient time to permit Contractor to meet the required delivery
schedule.

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 7
D. Such causes of excuse include, but are not limited to, acts of God or the public
enemy, acts of the federal, state, or local government, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, unusually severe weather, and subcontractor
defaults due to any of the above.
E. The Agency may cancel all, or any part, of any purchase order without cost to the
Agency if Contractor fails to meet material provisions of the purchase order and Contractor
shall be liable for any excess costs incurred by the Agency that are associated with such
default.
10. TERMINATION
A. Consistent with applicable New Mexico law, this Agreement may be terminated by
the Agency, without penalty, at any time prior to the expiration date of this Agreement.
The Agency will provide ten (10) days' prior written notice to Contractor of the date of
termination. Notice of termination of this Agreement shall not affect any outstanding
Purchase Order(s) issued under this Agreement prior to the effective date of termination
for convenience by the Agency.
B. The Agency further reserves the right to cancel all or any part of this Agreement at
no cost to the Agency if Contractor fails to meet the provisions of this Agreement and to
hold Contractor liable for any excess costs associated with Contractor’s default. The rights
and remedies of the Agency are not limited to those provided in this Article and are in
addition to any other rights provided by law.
11. STATUS OF CONTRACTOR; RESPONSIBILITY FOR PAYMENT OF
EMPLOYEES AND SUBCONTRACTORS
A. Contractor, its agents, and its employees are independent contractors performing
services for the Agency and are not employees of the Agency.

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 8
B. Contractor, its agents, and its employees shall not accrue leave, retirement, insurance,
bonding, or any other benefits afforded to employees of the Agency and shall not be permitted
to use Agency vehicles in the performance of this Agreement.
C. Contractor shall be solely responsible for payment of wages, salaries, and benefits
to any and all employees or subcontractors Contractor retains to perform any of its
obligations pursuant to this Agreement.
12. CONFIDENTIALITY
Any confidential information provided to or developed by Contractor in the performance of
this Agreement shall be kept confidential and shall not be disclosed by Contractor to any individual
or organization without the Agency’s prior written approval.
13. CONFLICT OF INTEREST
A. Contractor warrants that it presently has no interest and shall not acquire any interest,
direct or indirect, that would conflict in any manner or degree with its performance of its
obligations pursuant to this Agreement. Contractor further agrees that it shall not employ or
contract with anyone in the performance of this Agreement who has any such conflict of
interest.
B. Contractor shall comply with all applicable provisions of the New Mexico
Governmental Conduct Act and the New Mexico Financial Disclosures Act.
14. APPROVAL OF CONTRACTOR’S REPRESENTATIVES
The Agency reserves the right to require a change in Contractor representatives if the
assigned representatives, in the Agency's opinion, are not adequately serving the Agency's needs.

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 9
15. ASSIGNMENT; SUBCONTRACTING
Contractor shall not assign or transfer any rights, privileges, obligations or other interests
under this Agreement, including any claims for money due, without the Agency’s prior written
consent. Contractor shall not subcontract any portion of the services to be performed under this
Agreement without the Agency’s prior written approval.
16. NON-COLLUSION
In signing this Agreement, Contractor certifies that it has not, either directly or indirectly,
entered into action in restraint of free competitive bidding in connection with its offer and this
Agreement.
17. RELEASE
Contractor, upon acceptance of final payment of the amount due under this Agreement,
releases the Agency, its officers, and its employees from all liabilities, claims, and obligations arising
from or under this Agreement. Contractor agrees not to purport to bind the Agency to any obligation
not assumed herein by the Agency unless Contractor has express written authority to do so, and then
only within the strict limits of that authority.
18. INSURANCE
Contractor, at its own cost and expense, shall carry and maintain in full force and effect
during the term of this Agreement commercial general liability insurance which shall be written
on an occurrence basis with coverage at least as broad as Insurance Services Office (ISO) form
CG 00 01 with limits not less than $1,000,000 for each occurrence and $2,000,000 in general
aggregate against claims for bodily injury and property damage liability, including products-
completed operations and contractual liability coverage, in a form and with an insurance company
acceptable to the Agency. The Agency, its directors, employees, and agents shall be named as an

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 10
additional insured for all ongoing and completed operations. Such policy shall be primary with
respect to all claims arising out of Contractor’s performance under this Agreement and any
insurance or self-insurance maintained by the Agency shall not be required to contribute with it.
In the event of cancellation or non-renewal of the policy, the Agency shall be provided with no
less than thirty (30) days prior written notice. Contractor shall furnish the Agency with a Certificate
of Insurance evidencing Contractor’s compliance with the provisions of this Section 18 as a condition
of entering into this Agreement.
A. Contractor shall carry and maintain Workers’ Compensation insurance in
accordance with New Mexico law to provide coverage for Contractor’s employees
throughout the term of this Agreement. The Workers’ Compensation policy shall be
endorsed with a waiver of subrogation in favor of the Agency, its directors, employees, and
agents. Contractor shall provide the Agency with evidence demonstrating that appropriate
Workers’ Compensation insurance has been obtained.
B. Contractor shall carry and maintain automobile liability insurance covering all
owned, non-owned, or hired automobiles used in the performance of this Agreement with
limits not less than $3,000,000 combined single limit for each accident. The Automobile
Liability policy shall include Pollution Liability coverage with coverage as broad as ISO
for CA 99 48 or equivalent.
C. Contractor shall also carry and maintain throughout the term of this Agreement
erroneous delivery liability or errors and omissions insurance in the amount of $1,000,000
per occurrence.

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 11
19. INDEMNIFICATION
Contractor shall indemnify, hold harmless and defend the Agency from all losses, damages,
claims or judgments, including payment of all attorneys’ fees and costs on account of any suit,
judgment, execution, claim, action, or demand whatsoever to the extent arising from the acts, errors,
or omissions, or willful and reckless disregard of obligations under this Agreement, in the
performance of any services covered by this Agreement, whether occurring on Agency managed or
owned property or otherwise, by Contractor or its employees, agents, representatives, or
subcontractors, excepting only such liability that arises out of the Agency’s gross negligence or willful
misconduct.
20. NEW MEXICO TORT CLAIMS ACT
Any liability incurred by the Agency in connection with this Agreement is subject to the
immunities and limitations set forth in the New Mexico Tort Claims Act, NMSA 1978 §§ 41-4-1 to
41-4-27. The Agency and its employees do not waive sovereign immunity, any available defense, or
any limitation of liability recognized by law. No provision in this Agreement modifies or waives any
provision of the New Mexico Tort Claims Act.
21. THIRD-PARTY BENEFICIARIES
By entering into this Agreement, the parties do not intend to create any right, title, or interest
in, or for the benefit of, any person other than the Agency and Contractor. No person shall claim any
right, title or interest under this Agreement or seek to enforce this Agreement as a third-party
beneficiary.
22. RECORDS AND AUDIT
Contractor shall maintain detailed records throughout the term of this Agreement and for three
years thereafter, indicating the date, time, and nature of services rendered. These records shall be

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 12
subject to inspection by the Agency, the City of Santa Fe Finance Department, and the State Auditor.
The Agency shall have the right to audit billing both before and after payment. Payment under this
Agreement shall not foreclose the Agency's right to recover excessive or illegal payments.
23. APPLICABLE LAW; CHOICE OF LAW; VENUE
Contractor shall abide by all applicable federal and state laws and regulations, and all
ordinances, rules and regulations of the Agency. In any action, suit, or legal dispute arising from
this Agreement, Contractor agrees that the laws of the State of New Mexico shall govern. The
parties agree that any action or suit arising from this Agreement shall be commenced in the First
Judicial District, State of New Mexico.
24. AMENDMENT
This Agreement may be amended only by mutual agreement of the Agency and Contractor
upon written notice from either party to the other. Any such amendment shall be in writing and signed
by the parties hereto. Unless otherwise agreed by the parties, an amendment shall not affect any
outstanding purchase order(s) issued by the Agency prior to the effective date of the amendment.
25. SCOPE OF AGREEMENT
This Agreement expresses the entire agreement and understanding between the parties with
respect to Contractor’s Items and Services attached hereto as Exhibit A. No prior agreement or
understanding, whether verbal or otherwise, of the parties or their agents shall be valid or enforceable
unless embodied in this Agreement.
26. NON-DISCRIMINATION
During the term of this Agreement, Contractor shall not discriminate against any employee
or applicant for an employment position to be used in the performance of the services Contractor
undertakes pursuant to this Agreement on the basis of ethnicity, race, age, religion, creed, color,

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 13
national origin, ancestry, sex, gender, sexual orientation, physical or mental disability, medical
condition, or citizenship status.
27. SEVERABILITY
If one or more of the provisions of this Agreement or any application thereof is found to be
invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the
remaining provisions of the Agreement and any other application thereof shall not in any way be
affected or impaired.
28. NOTICES
A. Any notice required to be given under this Agreement shall be in writing and served
to the parties at the following addresses:
AGENCY: Randall Kippenbrock, P.E.
Executive Director
Santa Fe Solid Waste Management Agency
149 Wildlife Way
Santa Fe, NM 87506
CONTRACTOR: Shaynn Mahan
Senior Vice President of Sales
Safety-Kleen Systems, Inc.
42 Longwater Drive
Norwell, MA 02061
B. Such notices may be delivered by:
1) personal delivery;
2) certified U.S. mail, return receipt requested; or
3) recognized overnight delivery service.
C. Any such notice shall be effective upon actual receipt by the party entitled thereto.
D. Any party may change its address for purposes of this Article by giving notice to the
other party as herein provided.

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 14
29. COMPLIANCE WITH LAWS AND REGULATIONS; PROHIBITION OF
BRIBES, GRATUITIES, AND KICKBACKS
Contractor shall comply with all applicable federal, state, and local laws and regulations
throughout the term of this Agreement. Contractor expressly acknowledges that the New Mexico
Procurement Code, NMSA 1978, Sections 13-1-28 through 13-1-199, imposes civil and criminal
penalties for violations, and that New Mexico criminal statutes impose penalties for bribes,
gratuities, and kickbacks.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth
below.
SANTA FE SOLID WASTE MANAGEMENT AGENCY:
________________________ _________________
Lisa Cacari Stone Date:
Chairperson, Joint Powers Board
CONTRACTOR:
________________________ __________________
Shaynn Mahan Date:
Senior Vice President of Sales
Safety-Kleen Systems, Inc.
APPROVED AS TO FORM:
________________________ __________________
Nancy R. Long Date:
Agency Attorney

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 15
EXHIBIT A

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 16
ITEMS / SERVICES TO BE PROVIDED
ITB No. FY27-ITB-001
1. GENERAL CONDITIONS
A. This Agreement is established for the purchase and delivery of motor oils,
lubricants, antifreeze, and related products for the Agency, hereinafter referred to as
products. The Agency operates a variety of vehicles and heavy and industrial equipment in
support of its operations, all of which require manufacturer-approved products. The
products listed in Section 5 of Exhibit A are specific to the fleet the Agency currently
maintains. However, the Agency may require additional products in the future. Thus, the
list of products may be revised through an amendment to this Agreement.
B. All products offered under this Agreement shall be approved for year-round use
under all load conditions typical of normal fleet operations. All products shall be
guaranteed not to adversely affect the original factory engine warranty when used as
prescribed by the original engine manufacturer.
C. All deliveries must be within the Santa Fe area.
D. All delivery vehicles shall comply with Federal, State, and Local laws and
regulations.
E. All delivered drums shall be in satisfactory condition, with minimal dents and free
of rust. The Agency shall reject unsatisfactory drums upon delivery, and Contractor shall
replace them within 24 hours at no charge to the Agency.
F. Contractor shall be responsible, at no cost to the Agency, for the cleanup and
remediation of any contamination or spill resulting from delivery, transfer, or unloading at
Agency-owned facilities.

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 17
G. Contractor shall provide manufacturers’ Safety Data Sheets (SDS) for all covered
products delivered to the Agency at the time of delivery.
2. SAMPLES AND TESTING
A. Products provided under this Agreement shall be free from contamination.
B. Random sample tests for all products may be performed at the time of delivery to
ensure that the product meets specifications. Testing costs will be paid by the Agency
unless the sample is not in compliance, in which case the cost will be borne by the
Contractor.
C. If the Agency determines that the product does not comply with the specifications
herein, the Contractor will be notified by e-mail or phone. Contractor shall have forty-eight
(48) hours from the time of notification to rectify the problem to the satisfaction of the
Agency and/or remove the product, if circumstances dictate.
D. Testing shall be ordered by the Agency through a qualified laboratory if Agency
vehicles and/or pieces of heavy equipment require repairs due to the use of product(s)
provided under this Agreement that do not meet the manufacturer’s specifications. If the
malfunction is proven to be the result of the supplied product, Contractor shall be
responsible for all repairs necessary to return the vehicle(s) and/or pieces of heavy
equipment to good operating condition.
3. ORDERS AND DELIVERY
A. When delivering in bulk, product quantity shall be measured in gross gallons.
B. An authorized Agency representative must be on site at the time of any delivery.
Contractor must obtain the printed name and signature of the Agency representative
receiving the delivery.

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 18
C. Delivery shall be made within three (3) business days of order placement, excluding
weekends (Saturdays and Sundays) and any state or federal holidays observed by the
Agency. Deliveries shall be made during the Agency’s normal operating hours unless
different parameters are mutually agreed upon in writing between Contractor and the
Agency’s representatives. Contractor shall pick up any number of empty drums upon
delivery of orders. Contractor shall notify the Agency immediately if delivery is expected
to exceed this time frame or if the complete order cannot be fulfilled.
D. Each delivery shall be accompanied by a packing slip that itemizes the products
and quantities delivered, packaging, contract number, purchase order number and delivery
location.
E. Notwithstanding the existence of this Agreement, the Agency reserves the right to
order any product(s) required for an emergency from any Contractor who can deliver such
product(s) to meet the Agency's requirements, without waiving or voiding any of the terms
of this Agreement.
F. All prices shall be F.O.B. destination at the delivery location designated by the
Agency. Contractor shall retain title and control of all goods until delivery is made and the
contract coverage is completed. All risk of transportation and all related charges shall be
the responsibility of the Contractor.
G. Contractor shall be responsible for all spillage that may occur during transit and
unloading operations. Contractor shall immediately report spillage to the Agency, the
appropriate fire department, and any agency with regulatory authority over hazardous
materials spills. Contractor shall contain and remediate spillage in accordance with US
EPA and State of New Mexico regulations and guidelines. Contractor shall be responsible

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 19
for containment and cleanup costs for the immediate area and all affected areas, including,
but not limited to, surface, subsurface, and water.
H. Contractor shall also be responsible for all cleanup required on all Agency’s
property, storage facilities, and equipment resulting from noncompliance with
specifications. Furthermore, Contractor shall be fully responsible for any and all costs
incurred by the Agency for any equipment damaged by a contaminated product(s) that
Contractor has delivered.
4. BILLING LOCATION AND CONTACT
A. Contractor shall request the proper billing address upon receipt of an order to ensure
prompt and efficient payment from the Agency. Incorrect billing may cause payment
delays.
B. The billing address is as follows:
Santa Fe Solid Waste Management Agency
Attn: Accounts Payable
149 Wildlife Way
Santa Fe, NM 87506
Telephone: (505) 424-1850 x 140
Email: accountspayable@sfswma.org

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 20
5. CONTRACTOR’S UNIT PRICING
Antifreeze Unit Unit
Price
Specific Grade/Brand
Offered
DELO® ELC Antifreeze/Coolant 55-Gallon Drum $359.76 Performance Plus
(50/50) Bulk – per Gallon up to 275
Gallons $5 Performance Plus
DELO® XLC Antifreeze/Coolant 55-Gallon Drum $382.20 Performance Plus
(50/50) Bulk – per Gallon up to 275
Gallons $5.96 Performance Plus
Automatic Transmission Fluid Unit Unit
Price
Specific Grade/Brand
Offered
Chevron 1000 THF 5-Gallon Pail $66.41 Performance Plus
TranSynd 5-Gallon Pail $252.47 Performance Plus
(Allison Transmission) 55-Gallon Drum $2,399.22 Performance Plus
Bulk – per Gallon up to 275
Gallons $43.62 Performance Plus
Motor Oils Unit Unit
Price
Specific Grade/Brand
Offered
DELO® 400 SDE 55-Gallon Drum $804.89 Performance Plus
SAE 15w40 Bulk – per Gallon up to 275
Gallons $14.62 Performance Plus
Chevron DELO 400 LE 15w40
55-Gallon Drum $804.89 Performance Plus
Bulk – per Gallon up to 275
Gallons $14.62 Performance Plus
Gear/Drive Oils Unit Unit
Price
Specific Grade/Brand
Offered
DELO® Gear EP-5 55-Gallon Drum $1,085.41 Performance Plus
(SAE 80w-90)
DELO® Gear EP-5 5-Gallon Pail $109.21 Performance Plus
(SAE 85w-140)
Chevron DELO Gear Oil (SAE
80w90) 55-Gallon Drum $1,085.41 Performance Plus
DELO® TorqForce® 55-Gallon Drum $985.15 Performance Plus
(SAE 10w)
DELO® TorqForce® 55-Gallon Drum $985.15 Performance Plus
(SAE 30w)

Safety-Kleen Systems – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 21
Grease Unit Unit Specific Grade/Brand
OfferedPrice
DELO® Grease EP Case - 14 oz tubes $60.08 Performance Plus
(#2) Drum $2,120.21 Performance Plus
Miscellaneous Fluids Unit Unit
Price
Specific Grade/Brand
Offered
Diesel Exhaust Fluid (DEF)
2.5 Gallon Container $
14.00 Performance Plus
Bulk – per Gallon up to 300
Gallons
$
2.90 Performance Plus
Other Discount
% Discount off other products
NOT listed above from the
current vendor’s online catalog)
7

ATTACHMENT 3
Price Agreement
Senergy Petroleum

SANTA FE SOLID WASTE MANAGEMENT AGENCY
PRICE AGREEMENT WITH
SENERGY PETROLEUM, LLC
(Motor Oils, Lubricants, Antifreeze and Related Products – 2026)
This PRICE AGREEMENT (“Agreement”) is made and entered into this 17th day of
September 2026 by and between the Santa Fe Solid Waste Management Agency (“Agency”) and
Senergy Petroleum, LLC ("Contractor") for an indefinite quantity of motor oils, lubricants,
antifreeze and related products as described in ITB No. FY27-ITB-001 and below.
1. SCOPE OF AGREEMENT
The items to be provided under this Agreement are set forth in ITB No. FY27-ITB-001 and
all terms, specifications and conditions contained therein and Contractor's response for cost of items
and services submitted thereto, all of which are incorporated into this Agreement and attached hereto
as Exhibit A.
2. STANDARDS OF PERFORMANCE; LICENSES
A. Contractor represents that it possesses the experience and knowledge necessary to
perform the services described in this Agreement.
B. Contractor agrees to obtain and maintain throughout the term of this Agreement all
applicable professional and business licenses required by law for itself and its employees,
agents, representatives and subcontractors.
3. DEFINITIONS
A. Agency means the Santa Fe Solid Waste Management Agency.
B. Agency Facility means the Caja del Rio Landfill located at 149 Wildlife Way, Santa
Fe, New Mexico 87506.
C. Items means tangible goods or tangible items of personal property required for

Senergy Petroleum – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 2
Agency operations. All items must be new and of the most current production, unless
otherwise specified.
D. Price means the discounted price or costs for product(s) paid by the Agency as
described in Exhibit A.
E. Price Agreement means this indefinite quantity Price Agreement which requires
Contractor to provide product(s) to the Agency.
F. Purchase Order means a fully executed purchase document issued by the City of
Santa Fe Purchasing Department on behalf of the Agency that specifies the items and
services to be provided by Contractor.
G. Services mean services to be performed by personnel that do not need extensive
education or specialty training or licensing. Services exclude professional services that are
typically performed by a person holding a license, such as engineering, architecture, or
legal services.
H. Tangible goods are products that can be touched. This includes software licenses
and intellectual property.
4. ITEMS / SERVICES TO BE PROVIDED
A. Price of Items: Exhibit A of this Agreement contains the prices for Contractor’s
items (i.e., tangible goods) and services. Exhibit A also indicates any specifications
required for the items and services, if any, that are the subject of this Agreement.
B. Purchase Orders: The Agency may issue purchase orders for the purchase of the
items listed in Exhibit A. Any service ordered by the Agency must be a service described
in Exhibit A. All purchase orders for items and services issued hereunder must reference
the purchase order number and Price Agreement number ITB No. FY27-ITB-001.

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C. Quantities: It is understood that this is an indefinite-quantity Price Agreement, and
the Agency may purchase any quantity of the item(s) or services listed in Exhibit A on an
as-needed basis. No guarantee or warranty is made or implied that any order for a definite
quantity of item(s) or services will be issued under this Agreement. Contractor is required
to accept the purchase order(s) and furnish the item(s) and services.
D. Specifications: The services furnished under this Agreement shall meet or exceed
the specifications provided in ITB No. FY27-ITB-001, including any addenda. Purchase
orders issued pursuant to this Agreement must identify the applicable Agreement items or
services.
E. Delivery and Billing Instructions
1) Contractor shall deliver the items and services in accordance with the Agency’s
instructions. Each delivery shall be accompanied by a packing slip which itemizes
materials and quantities delivered, packaging, purchase order number, Price
Agreement number and Agency facility.
2) Delivery shall be made within three (3) business days of order placement.
Contractor shall notify the Agency immediately if delivery is expected to exceed
this time frame or if the complete order cannot be fulfilled.
3) Whenever the Agency does not accept any deliverable and returns it to Contractor,
all related documentation furnished by Contractor shall also be returned.
4) The Agency shall notify Contractor within five (5) business days if a deliverable is
deemed unacceptable by the Agency.
5) Prices listed in Exhibit A shall be the fixed prices for the items and rates for the
services, respectively.

Senergy Petroleum – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 4
6) Prices listed in Exhibit A for the items and services shall remain in effect for the
term of this Agreement.
5. COMMERCIAL WARRANTY
Contractor agrees that the items or services furnished under this Agreement shall be
covered by the most favorable commercial warranties Contractor gives for such to any customers
for such items or services. The rights and remedies provided herein shall extend to the Agency
and are in addition to and do not limit any rights afforded by the Agency by any other Article of
this Agreement. Contractor agrees not to disclaim warranties of fitness for a particular purpose of
merchantability.
6. PAYMENTS
A. All payments under this Agreement are subject to the following provisions.
1) Inspection - final inspection and acceptance of all items and services ordered shall
be made at the Agency Facility. Items rejected at the Agency Facility for non-
conformance with specifications shall be removed, at Contractor's risk and expense,
promptly after notice of rejection.
2) Acceptance - in accordance with NMSA 1978, Section 13-1-158, the Agency shall
determine if the items meet specifications, and may accept the items if the items
meet specifications. No payment shall be made for any items until the items have
been accepted in writing by the Agency. Unless otherwise agreed upon between the
Agency and Contractor, within thirty (30) days from the receipt of items, the
Agency shall issue a written certification of complete or partial acceptance or
rejection of the items. The time period shall begin at the time of receipt of the final
shipment when there are multiple shipments per purchase order. Unless the Agency

Senergy Petroleum – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 5
gives notice of rejection within the specified time period, the items will be deemed
to have been accepted.
3) Issuance of Purchase Orders - only written, signed and properly executed Purchase
Orders are valid under this Agreement.
4) Invoices: Contractor may submit invoices for payment no more frequently than
monthly. Contractor's invoice shall contain the following information: Purchase
Order number, Price Agreement number, description of supplies or services,
quantities, unit prices, extended totals, delivery tickets and applicable taxes.
Separate invoices shall be rendered for each and every complete shipment. Invoices
must be submitted to the Agency and not the City of Santa Fe Purchasing Division.
5) Payment of Invoices: Upon written certification from the Agency that the Items and
Services have been received and accepted, the Agency shall pay to Contractor in
full payment for services rendered, including applicable New Mexico gross receipts
taxes.
6) Gross Receipts Tax: Applicable New Mexico gross receipts tax shall be included
on each invoice and shown as a separate item to be paid. Contractor shall be
responsible for payment of gross receipts tax levied by the State of New Mexico on
the sums payable under this Agreement.
7. APPROPRIATIONS
The terms of this Agreement are contingent upon sufficient appropriations to and
authorization from the Joint Powers Board for the Agency for the performance of this Agreement. If
sufficient appropriations are not made or authorization is not provided, this Agreement shall terminate
upon written notice from the Agency to Contractor. The Agency shall be responsible for charges

Senergy Petroleum – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 6
incurred up to the date of notification under this Section, per Section 10 of this Agreement. The
Agency’s determination of whether sufficient appropriations are available shall be accepted by
Contractor and shall be final.
8. TERM AND EFFECTIVE DATE
A. This Agreement shall be effective when signed by the Agency and terminate on
September 17, 2027, unless it is terminated sooner pursuant to Article 7 or Article 10 of
this Agreement.
B. Pursuant to the limitations on multi-term contracts for services codified in NMSA
1978 § 13-1-150, this Agreement may not exceed ten years, including all extensions and
renewals. Subject to that limitation, the Agreement can be renewed annually, if agreed
upon by the Agency and Contractor.
9. CANCELLATION
A. The Agency reserves the right, without cost to the Agency, to cancel all or any part
of any order placed under this Agreement if the services or deliverables fail to meet the
requirements of this Agreement.
B. The failure of Contractor to perform its obligations under this Agreement shall
constitute a default under this Agreement.
C. Contractor may be excused from performance if Contractor’s failure to perform the
Purchase Order arises from causes beyond the control and without the fault or negligence,
unless the Agency determines that the item to be furnished by a subcontractor is obtainable
from other sources in sufficient time to permit Contractor to meet the required delivery
schedule.

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D. Such causes of excuse include, but are not limited to, acts of God or the public
enemy, acts of the federal, state, or local government, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, unusually severe weather, and subcontractor
defaults due to any of the above.
E. The Agency may cancel all, or any part, of any purchase order without cost to the
Agency if Contractor fails to meet material provisions of the purchase order and Contractor
shall be liable for any excess costs incurred by the Agency that are associated with such
default.
10. TERMINATION
A. Consistent with applicable New Mexico law, this Agreement may be terminated by
the Agency, without penalty, at any time prior to the expiration date of this Agreement.
The Agency will provide ten (10) days' prior written notice to Contractor of the date of
termination. Notice of termination of this Agreement shall not affect any outstanding
Purchase Order(s) issued under this Agreement prior to the effective date of termination
for convenience by the Agency.
B. The Agency further reserves the right to cancel all or any part of this Agreement at
no cost to the Agency if Contractor fails to meet the provisions of this Agreement and to
hold Contractor liable for any excess costs associated with Contractor’s default. The rights
and remedies of the Agency are not limited to those provided in this Article and are in
addition to any other rights provided by law.
11. STATUS OF CONTRACTOR; RESPONSIBILITY FOR PAYMENT OF
EMPLOYEES AND SUBCONTRACTORS
A. Contractor, its agents, and its employees are independent contractors performing
services for the Agency and are not employees of the Agency.

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B. Contractor, its agents, and its employees shall not accrue leave, retirement, insurance,
bonding, or any other benefits afforded to employees of the Agency and shall not be permitted
to use Agency vehicles in the performance of this Agreement.
C. Contractor shall be solely responsible for payment of wages, salaries, and benefits
to any and all employees or subcontractors Contractor retains to perform any of its
obligations pursuant to this Agreement.
12. CONFIDENTIALITY
Any confidential information provided to or developed by Contractor in the performance of
this Agreement shall be kept confidential and shall not be disclosed by Contractor to any individual
or organization without the Agency’s prior written approval.
13. CONFLICT OF INTEREST
A. Contractor warrants that it presently has no interest and shall not acquire any interest,
direct or indirect, that would conflict in any manner or degree with its performance of its
obligations pursuant to this Agreement. Contractor further agrees that it shall not employ or
contract with anyone in the performance of this Agreement who has any such conflict of
interest.
B. Contractor shall comply with all applicable provisions of the New Mexico
Governmental Conduct Act and the New Mexico Financial Disclosures Act.
14. APPROVAL OF CONTRACTOR’S REPRESENTATIVES
The Agency reserves the right to require a change in Contractor representatives if the
assigned representatives, in the Agency's opinion, are not adequately serving the Agency's needs.

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15. ASSIGNMENT; SUBCONTRACTING
Contractor shall not assign or transfer any rights, privileges, obligations or other interests
under this Agreement, including any claims for money due, without the Agency’s prior written
consent. Contractor shall not subcontract any portion of the services to be performed under this
Agreement without the Agency’s prior written approval.
16. NON-COLLUSION
In signing this Agreement, Contractor certifies that it has not, either directly or indirectly,
entered into action in restraint of free competitive bidding in connection with its offer and this
Agreement.
17. RELEASE
Contractor, upon acceptance of final payment of the amount due under this Agreement,
releases the Agency, its officers, and its employees from all liabilities, claims, and obligations arising
from or under this Agreement. Contractor agrees not to purport to bind the Agency to any obligation
not assumed herein by the Agency unless Contractor has express written authority to do so, and then
only within the strict limits of that authority.
18. INSURANCE
Contractor, at its own cost and expense, shall carry and maintain in full force and effect
during the term of this Agreement commercial general liability insurance which shall be written
on an occurrence basis with coverage at least as broad as Insurance Services Office (ISO) form
CG 00 01 with limits not less than $1,000,000 for each occurrence and $2,000,000 in general
aggregate against claims for bodily injury and property damage liability, including products-
completed operations and contractual liability coverage, in a form and with an insurance company
acceptable to the Agency. The Agency, its directors, employees, and agents shall be named as an

Senergy Petroleum – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 10
additional insured for all ongoing and completed operations. Such policy shall be primary with
respect to all claims arising out of Contractor’s performance under this Agreement and any
insurance or self-insurance maintained by the Agency shall not be required to contribute with it.
In the event of cancellation or non-renewal of the policy, the Agency shall be provided with no
less than thirty (30) days prior written notice. Contractor shall furnish the Agency with a Certificate
of Insurance evidencing Contractor’s compliance with the provisions of this Section 18 as a condition
of entering into this Agreement.
A. Contractor shall carry and maintain Workers’ Compensation insurance in
accordance with New Mexico law to provide coverage for Contractor’s employees
throughout the term of this Agreement. The Workers’ Compensation policy shall be
endorsed with a waiver of subrogation in favor of the Agency, its directors, employees, and
agents. Contractor shall provide the Agency with evidence demonstrating that appropriate
Workers’ Compensation insurance has been obtained.
B. Contractor shall carry and maintain automobile liability insurance covering all
owned, non-owned, or hired automobiles used in the performance of this Agreement with
limits not less than $3,000,000 combined single limit for each accident. The Automobile
Liability policy shall include Pollution Liability coverage with coverage as broad as ISO
for CA 99 48 or equivalent.
C. Contractor shall also carry and maintain throughout the term of this Agreement
erroneous delivery liability or errors and omissions insurance in the amount of $1,000,000
per occurrence.

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19. INDEMNIFICATION
Contractor shall indemnify, hold harmless and defend the Agency from all losses, damages,
claims or judgments, including payment of all attorneys’ fees and costs on account of any suit,
judgment, execution, claim, action, or demand whatsoever to the extent arising from the acts, errors,
or omissions, or willful and reckless disregard of obligations under this Agreement, in the
performance of any services covered by this Agreement, whether occurring on Agency managed or
owned property or otherwise, by Contractor or its employees, agents, representatives, or
subcontractors, excepting only such liability that arises out of the Agency’s gross negligence or willful
misconduct.
20. NEW MEXICO TORT CLAIMS ACT
Any liability incurred by the Agency in connection with this Agreement is subject to the
immunities and limitations set forth in the New Mexico Tort Claims Act, NMSA 1978 §§ 41-4-1 to
41-4-27. The Agency and its employees do not waive sovereign immunity, any available defense, or
any limitation of liability recognized by law. No provision in this Agreement modifies or waives any
provision of the New Mexico Tort Claims Act.
21. THIRD-PARTY BENEFICIARIES
By entering into this Agreement, the parties do not intend to create any right, title, or interest
in, or for the benefit of, any person other than the Agency and Contractor. No person shall claim any
right, title or interest under this Agreement or seek to enforce this Agreement as a third-party
beneficiary.
22. RECORDS AND AUDIT
Contractor shall maintain detailed records throughout the term of this Agreement and for three
years thereafter, indicating the date, time, and nature of services rendered. These records shall be

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subject to inspection by the Agency, the City of Santa Fe Finance Department, and the State Auditor.
The Agency shall have the right to audit billing both before and after payment. Payment under this
Agreement shall not foreclose the Agency's right to recover excessive or illegal payments.
23. APPLICABLE LAW; CHOICE OF LAW; VENUE
Contractor shall abide by all applicable federal and state laws and regulations, and all
ordinances, rules and regulations of the Agency. In any action, suit, or legal dispute arising from
this Agreement, Contractor agrees that the laws of the State of New Mexico shall govern. The
parties agree that any action or suit arising from this Agreement shall be commenced in the First
Judicial District, State of New Mexico.
24. AMENDMENT
This Agreement may be amended only by mutual agreement of the Agency and Contractor
upon written notice from either party to the other. Any such amendment shall be in writing and signed
by the parties hereto. Unless otherwise agreed by the parties, an amendment shall not affect any
outstanding purchase order(s) issued by the Agency prior to the effective date of the amendment.
25. SCOPE OF AGREEMENT
This Agreement expresses the entire agreement and understanding between the parties with
respect to Contractor’s Items and Services attached hereto as Exhibit A. No prior agreement or
understanding, whether verbal or otherwise, of the parties or their agents shall be valid or enforceable
unless embodied in this Agreement.
26. NON-DISCRIMINATION
During the term of this Agreement, Contractor shall not discriminate against any employee
or applicant for an employment position to be used in the performance of the services Contractor
undertakes pursuant to this Agreement on the basis of ethnicity, race, age, religion, creed, color,

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national origin, ancestry, sex, gender, sexual orientation, physical or mental disability, medical
condition, or citizenship status.
27. SEVERABILITY
If one or more of the provisions of this Agreement or any application thereof is found to be
invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the
remaining provisions of the Agreement and any other application thereof shall not in any way be
affected or impaired.
28. NOTICES
A. Any notice required to be given under this Agreement shall be in writing and served
to the parties at the following addresses:
AGENCY: Randall Kippenbrock, P.E.
Executive Director
Santa Fe Solid Waste Management Agency
149 Wildlife Way
Santa Fe, NM 87506
CONTRACTOR: Katie Atencio
Contract Specialist
Senergy Petroleum, LLC
1470 N. Horne Street
Gilbert, AZ 85233
B. Such notices may be delivered by:
1) personal delivery;
2) certified U.S. mail, return receipt requested; or
3) recognized overnight delivery service.
C. Any such notice shall be effective upon actual receipt by the party entitled thereto.
D. Any party may change its address for purposes of this Article by giving notice to the
other party as herein provided.

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29. COMPLIANCE WITH LAWS AND REGULATIONS; PROHIBITION OF
BRIBES, GRATUITIES, AND KICKBACKS
Contractor shall comply with all applicable federal, state, and local laws and regulations
throughout the term of this Agreement. Contractor expressly acknowledges that the New Mexico
Procurement Code, NMSA 1978, Sections 13-1-28 through 13-1-199, imposes civil and criminal
penalties for violations, and that New Mexico criminal statutes impose penalties for bribes,
gratuities, and kickbacks.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth
below.
SANTA FE SOLID WASTE MANAGEMENT AGENCY:
________________________ _________________
Lisa Cacari Stone Date:
Chairperson, Joint Powers Board
CONTRACTOR:
________________________ __________________
Katie Atencio Date:
Contract Specialist
Senergy Petroleum, LLC
APPROVED AS TO FORM:
________________________ __________________
Nancy R. Long Date:
Agency Attorney

Senergy Petroleum – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 15
EXHIBIT A

Senergy Petroleum – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 16
ITEMS / SERVICES TO BE PROVIDED
ITB No. FY27-ITB-001
1. GENERAL CONDITIONS
A. This Agreement is established for the purchase and delivery of motor oils,
lubricants, antifreeze, and related products for the Agency, hereinafter referred to as
products. The Agency operates a variety of vehicles and heavy and industrial equipment in
support of its operations, all of which require manufacturer-approved products. The
products listed in Section 5 of Exhibit A are specific to the fleet the Agency currently
maintains. However, the Agency may require additional products in the future. Thus, the
list of products may be revised through an amendment to this Agreement.
B. All products offered under this Agreement shall be approved for year-round use
under all load conditions typical of normal fleet operations. All products shall be
guaranteed not to adversely affect the original factory engine warranty when used as
prescribed by the original engine manufacturer.
C. All deliveries must be within the Santa Fe area.
D. All delivery vehicles shall comply with Federal, State, and Local laws and
regulations.
E. All delivered drums shall be in satisfactory condition, with minimal dents and free
of rust. The Agency shall reject unsatisfactory drums upon delivery, and Contractor shall
replace them within 24 hours at no charge to the Agency.
F. Contractor shall be responsible, at no cost to the Agency, for the cleanup and
remediation of any contamination or spill resulting from delivery, transfer, or unloading at
Agency-owned facilities.

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G. Contractor shall provide manufacturers’ Safety Data Sheets (SDS) for all covered
products delivered to the Agency at the time of delivery.
2. SAMPLES AND TESTING
A. Products provided under this Agreement shall be free from contamination.
B. Random sample tests for all products may be performed at the time of delivery to
ensure that the product meets specifications. Testing costs will be paid by the Agency
unless the sample is not in compliance, in which case the cost will be borne by the
Contractor.
C. If the Agency determines that the product does not comply with the specifications
herein, the Contractor will be notified by e-mail or phone. Contractor shall have forty-eight
(48) hours from the time of notification to rectify the problem to the satisfaction of the
Agency and/or remove the product, if circumstances dictate.
D. Testing shall be ordered by the Agency through a qualified laboratory if Agency
vehicles and/or pieces of heavy equipment require repairs due to the use of product(s)
provided under this Agreement that do not meet the manufacturer’s specifications. If the
malfunction is proven to be the result of the supplied product, Contractor shall be
responsible for all repairs necessary to return the vehicle(s) and/or pieces of heavy
equipment to good operating condition.
3. ORDERS AND DELIVERY
A. When delivering in bulk, product quantity shall be measured in gross gallons.
B. An authorized Agency representative must be on site at the time of any delivery.
Contractor must obtain the printed name and signature of the Agency representative
receiving the delivery.

Senergy Petroleum – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 18
C. Delivery shall be made within three (3) business days of order placement, excluding
weekends (Saturdays and Sundays) and any state or federal holidays observed by the
Agency. Deliveries shall be made during the Agency’s normal operating hours unless
different parameters are mutually agreed upon in writing between Contractor and the
Agency’s representatives. Contractor shall pick up any number of empty drums upon
delivery of orders. Contractor shall notify the Agency immediately if delivery is expected
to exceed this time frame or if the complete order cannot be fulfilled.
D. Each delivery shall be accompanied by a packing slip that itemizes the products
and quantities delivered, packaging, contract number, purchase order number and delivery
location.
E. Notwithstanding the existence of this Agreement, the Agency reserves the right to
order any product(s) required for an emergency from any Contractor who can deliver such
product(s) to meet the Agency's requirements, without waiving or voiding any of the terms
of this Agreement.
F. All prices shall be F.O.B. destination at the delivery location designated by the
Agency. Contractor shall retain title and control of all goods until delivery is made and the
contract coverage is completed. All risk of transportation and all related charges shall be
the responsibility of the Contractor.
G. Contractor shall be responsible for all spillage that may occur during transit and
unloading operations. Contractor shall immediately report spillage to the Agency, the
appropriate fire department, and any agency with regulatory authority over hazardous
materials spills. Contractor shall contain and remediate spillage in accordance with US
EPA and State of New Mexico regulations and guidelines. Contractor shall be responsible

Senergy Petroleum – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 19
for containment and cleanup costs for the immediate area and all affected areas, including,
but not limited to, surface, subsurface, and water.
H. Contractor shall also be responsible for all cleanup required on all Agency’s
property, storage facilities, and equipment resulting from noncompliance with
specifications. Furthermore, Contractor shall be fully responsible for any and all costs
incurred by the Agency for any equipment damaged by a contaminated product(s) that
Contractor has delivered.
4. BILLING LOCATION AND CONTACT
A. Contractor shall request the proper billing address upon receipt of an order to ensure
prompt and efficient payment from the Agency. Incorrect billing may cause payment
delays.
B. The billing address is as follows:
Santa Fe Solid Waste Management Agency
Attn: Accounts Payable
149 Wildlife Way
Santa Fe, NM 87506
Telephone: (505) 424-1850 x 140
Email: accountspayable@sfswma.org

Senergy Petroleum – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 20
5. CONTRACTOR’S UNIT PRICING
Antifreeze Unit Unit Price Specific Grade/Brand Offered
DELO® ELC
Antifreeze/Coolant 55-Gallon Drum $618.75 CHEV DELO ELC PRMX 50/50
(50/50)
Bulk – per Gallon up to
275 Gallons $10.25 CHEV DELO ELC PRMX 50/50
DELO® XLC
Antifreeze/Coolant 55-Gallon Drum $646.25
CHEV DELO XLC AFC PRMX 50/50
NF
(50/50)
Bulk – per Gallon up to
275 Gallons $11.50
CHEV DELO XLC AFC PRMX 50/50
NF
Industrial Oils Unit Unit Price Specific Grade/Brand Offered
Chevron Hydraulic Oil AW
55-Gallon Drum $756.80 CHEV HYD OIL AW 46(ISO 46)
RANDO HDZ 55-Gallon Drum $1,227.05 CHEV RANDO HDZ 46
(ISO 46)
Bulk – per Gallon up to
275 Gallons $22.06 CHEV RANDO HDZ 46
Automatic Transmission
Fluid Unit Unit Price Specific Grade/Brand Offered
Chevron 1000 THF 5-Gallon Pail $101.35 CHEV 1000 THF
TranSynd Case - Gallons $119.34 CHEV DELO SYN ATF 668
(Allison Transmission) 5-Gallon Pail $176.50 P66 TRITON 668 ATF
55-Gallon Drum $1,893.65 P66 TRITON 668 ATF
Bulk – per Gallon up to
275 Gallons $34.18 P66 TRITON 668 ATF
Motor Oils Unit
Unit
Price Specific Grade/Brand Offered
DELO® 400 SDE 55-Gallon Drum $1,102.75 CHEV DELO 400 XLE SB 15W40 CK4
SAE 15w40
Bulk – per Gallon up to
275 Gallons $19.05 CHEV DELO 400 XLE SB 15W40 CK4
Chevron DELO 400 LE
15w40
55-Gallon Drum $900.35
P66 GUARDOL FLEET (SUPREME)
EC CK-4 15W40
Bulk – per Gallon up to
275 Gallons $15.37
P66 GUARDOL FLEET (SUPREME)
EC CK-4 15W40
Mobil Synthetic (80w90)
Per Gallon $23.28 P66 MP GEAR LUBE 80W90
55-Gallon Drum $1,296.00 P66 MP GEAR LUBE 80W90

Senergy Petroleum – Price Agreement for Motor Oil, Lubricants, Antifreeze and Related Products Page 21
Gear/Drive Oils Unit
Unit
Price Specific Grade/Brand Offered
DELO® Gear EP-5 Case - Quarts $84.24 CHEV DELO GEAR EP5 80W90
(SAE 80w-90) 55-Gallon Drum
$1,436.0
0 CHEV DELO GEAR EP5 80W90
DELO® Gear EP-5 Case - Quarts $101.95 CHEV DELO GEAR ESI 85W140
(SAE 85w-140) 5-Gallon Pail $114.45 CHEV DELO GEAR EP5 85W140
Chevron DELO Gear Oil
(SAE 80w90)
Case - Quarts $84.24 CHEV DELO GEAR EP5 80W90
55-Gallon Drum
$1,436.0
0 CHEV DELO GEAR EP5 80W90
DELO® TorqForce® 55-Gallon Drum $913.00 CHEV DELO TORQFORCE 10W
(SAE 10w)
Bulk – per Gallon up to
275 Gallons $15.60 CHEV DELO TORQFORCE 10W
DELO® TorqForce® 55-Gallon Drum $913.00 CHEV DELO TORQFORCE 30W
(SAE 30w)
Bulk – per Gallon up to
275 Gallons $15.60 CHEV DELO TORQFORCE 30W
Grease Unit
Unit
Price Specific Grade/Brand Offered
DELO® Grease EP Case - 14 oz tubes $155.05 CHEV STARPLEX EP 2
(#2) Drum
$1,672.0
0 CHEV STARPLEX EP 2
Miscellaneous Fluids Unit
Unit
Price Specific Grade/Brand Offered
Diesel Exhaust Fluid (DEF)
2.5 Gallon Container $13.23 PRO X PURE DEF
Bulk – per Gallon up to
300 Gallons $3.28 PRO X PURE DEF
Howe’s Diesel Conditioner
and Anti-Gel Case - Quarts $140.00
POWER SERVICE DIESEL
SUPPLEMENT
Other Discount
% Discount off other
products NOT listed above
from the current vendor’s
online catalog)
0%

ATTACHMENT 4
ITB No. FY27-ITB-001
Motor Oils, Lubricants, Antifreeze and Related Products
(Without Appendices)

For more information, please visit our online supplier portal, located at
https://procurement.opengov.com/portal/santafenm
The City of Santa Fe
on behalf of the
Santa Fe Solid Waste Management Agency
INVITATION TO BID (ITB)
Motor Oils, Lubricants, Antifreeze and Related Products
ITB#: FY27-ITB-001
Bid Due Date and Time: Friday, July 31, 2026 by 2:00 pm

2
Table Of Contents
1. TERMS AND CONDITIONS
2. INFORMATION TO BIDDERS
3. DEFINITIONS AND TERMS
4. STATEMENT OF WORK
5. SCOPE OF WORK
6. VENDOR QUESTIONNAIRE
7. EXISTING CONTRACT/AGREEMENT USAGE CLAUSE

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I. TERMS AND CONDITIONS
Terms and Conditions
A. General: When the Agency and the City of Santa Fe’s Chief Procurement Officer (CPO) or designee approves a purchase
document in response to the ITB, a binding contract is created.
B. Assignment: Neither the order, nor any interest therein, nor claim under, shall be assigned or transferred by the
Contractor, except as expressly authorized in writing by the Agency and/or Central Purchasing Division (CPD). Under
this order, no such consent shall relieve the Contractor's obligations and liabilities.
C. Variation in Quantity: No variation in the quantity of any item called for by this order will be accepted unless such
variation has been caused by conditions of loading, shipping, packing or allowances in the manufacturing process and
then only to the extent, if any, specified in this order.
D. Cancellation/Default: The Agency reserves the right to cancel all or any part of this order without cost to the Agency,
if the Contractor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the Contractor
liable for any excess cost occasioned by the Agency due to the Contractor's default. The Contractor shall not be liable for
any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence
of the Contractor, such causes include but are not restricted to, acts of God or the public enemy, acts of the City, State,
or Federal Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe
weather and defaults of subcontractors due to any of the above, unless the Agency shall determine that the supplies or
services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the
Contractor to meet the required delivery scheduled. The rights of the Agency provided in this paragraph shall not be
exclusive and are in addition to any other rights now being provided by law or under this order.
E. Items/Parts: All bid items/parts are to be NEW and of the most current production unless otherwise specified.
F. Discounts: Prompt payment discounts are welcome; however, they will not be considered in computing the low bid.
G. Inspection: Final inspection and acceptance will be made at the destination. Tangible Personal Property (goods) rejected
at the destination for nonconformance with specifications shall be removed at the Contractor's risk and expense, promptly
after notice of rejection.
H. Packing, Shipping, and Invoicing: The Contractor shall ship in accordance with the following instructions: Shipment
shall be made only against specific orders which the Agency may place with the Contractor during the term. Delivery
shall be made as indicated by the Agency. If contractor is unable to meet stated delivery the Agency must be notified.
Freight/shipping costs shall be prepaid by the vendor, added at time of invoicing, and shown as a separate line item to be
paid by user. Using agency shall only pay exact courier costs, without a markup.
1. The Purchase Order/Contract reference and the Contractor's name, Agency's name and location shall be shown on
each packing and delivery ticket, package, bill of lading, and other correspondence in connection with the
shipments. The Agency’s count will be accepted by the Contractor as final and conclusive on all shipments not
accompanied by packing tickets.
2. The Contractor's invoice shall be submitted duly certified and shall contain the following information: order
number, description of supplies or services, quantities, unit price and extended totals. Separate invoices shall be
rendered for each complete shipment.
3. Invoices must be submitted to the Santa Fe Solid Waste Management Agency, 149 Wildlife Way, Santa Fe, NM
87506 and NOT the City of Santa Fe.
I. Payment Provisions: All payments under this Contract/Agreement are subject to the following provisions.
1. Acceptance - In accordance with Section NMSA 1978, Section 13-1-158, the Agency shall determine if the
product or services provided meet specifications. Until the products or services have been accepted in writing by

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the Agency, the Agency shall not pay for any products or services. Unless otherwise agreed upon between the
Agency and the Contractor, within thirty (30) days from the date the Agency receives written notice from the
Contractor that payment is requested for services or within thirty (30) days from the receipt of products, the
Agency shall issue a written certification (by letter or email) of complete or partial acceptance or rejection of the
products or services. Unless the Agency gives notice of rejection within the specified time period, the products or
services will be deemed to have been accepted.
2. Payment of Invoice - Upon acceptance that the products or services have been received and accepted, payment
shall be tendered to the Contractor within thirty (30) days after the date of invoice. After the thirtieth day from the
date that written certification of acceptance is issued, late payment charges shall be paid on the unpaid balance due
on the contract/agreement to the Contractor at the rate of 1.5 % per month. Contractor may submit invoices for
payment no more frequently than monthly. Payment will be made to the Contractor's designated mailing address.
Payment on each invoice shall be due within 30 days from the date of the acceptance of the invoice. The Agency
agrees to pay in full the balance shown on each account’s statement, by the due date shown on said statement.
J. Taxes: The Agency is tax exempt for New Mexico State Business Tax Identification Number (NMBTIN) (formerly
known as gross receipts tax) for the procurement of tangible personal property, but not for services. A tax-exempt
certificate will be issued upon written request to the Agency. Such tax or taxes shall be added at the time of invoicing at
the current rate and shown as a separate item to be paid by the Agency.
K. Commercial Warranty: The Contractor agrees that the supplies or services furnished under this order shall be covered
by the most favorable commercial warranties offered by the Contractor. The rights and remedies provided herein shall
extend to the Agency and are in addition to and do not limit any rights afforded to the Agency by any other clause of this
order. Contractor agrees not to disclaim warranties of fitness for a particular purpose of merchantability.
L. Price Adjustments: Unit prices for services and items quoted by the Contractor are to be firm for the term of the
contract/agreement. A request for a price adjustment due to an increase or decrease in cost of living, fuel or product
manufacturer/supplier is subject to approval by the Agency. The Contractor shall submit to the Agency sufficient
justification to support the request.
M. Late Delivery: It is expressly understood and agreed that, as a result of the public interest and because of the monetary
losses that the Agency may incur as a result of failure to deliver the items and services described in the
Contract/Agreement on time, that time is of the essence in the performance of this contract. It is agreed that damages
resulting from late delivery can neither be accurately anticipated nor calculated. At the option of the CPO, the Agency
may invoke the cancellation/default provisions of the Contract/Agreement contained herein.
N. Agency Furnished Property: Agency furnished property shall be returned to the Agency upon request in the same
condition as received except for ordinary wear, tear and modifications ordered hereunder.
O. Workers' Compensation: The Contractor agrees to comply with State laws and rules pertaining to Workers'
Compensation benefits for their employees. If the Contractor fails to comply with Workers' Compensation Act and
applicable rules when required to do so, this Contract/Agreement may be terminated by the Agency.
P. Contractor Personnel: Personnel proposed in the Contractor’s written bid to the Agency are considered material to any
work performed under this contract/agreement. Once a Purchase Order or Contract/Agreement has been executed, no
changes of personnel will be made by the Contractor without prior written consent of the Agency. Replacement of any
Contractor personnel, if approved, shall be with personnel of equal ability, experience, and qualifications. The Contractor
will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive
to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably
withheld. The Agency shall retain the right to request the removal of any of the Contractor’s personnel at any time.
Q. Records and Audit: The Contractor shall maintain detailed time and expenditure records that indicate the date, time,
nature, and cost of services rendered during this Contract/Agreement’s term and effect and retain them for a period of
three (3) years from the date of final payment under this Contract/Agreement. The records shall be subject to inspection
by the Agency, City of Santa Fe Finance Department and the State Auditor. The Agency shall have the right to audit

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billings, both before and after payment. Payment for services under this Contract/Agreement shall not foreclose the right
of the Agency to recover excessive or illegal payments.
R. Subcontracts: The foregoing requirements for Contractor Personnel, Subcontracting, and Audit shall be inserted into all
subcontracts from the prime contractor to the subcontractor.
S. Non-Collusion: In signing this ITB and/or submitting electronically, the Contractor certifies they have not, either directly
or indirectly, entered into action in restraint of free competitive bidding in connection with the bid submitted to CPD.
T. Nondiscrimination: Contractor doing business with the Agency must follow the Federal Civil Rights Act of 1964 and
Title VII of the Act (Rev. 1979) and the Americans with Disabilities Act of 1990 (Public Law 101-336).
U. Penalties: NMSA 1978, Sections 13-1-28 through 13-1-199, impose civil and criminal penalties for its violation. In
addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks.
V. Power of Attorney: Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and
effectively dated copy of their power of attorney.
W. No Additional Terms and/or Conditions will be Accepted.
II. INFORMATION TO BIDDERS
Schedule of Events
Issue ITB: July 13, 2026
Deadline for Written Questions: July 24, 2026, 5:00pm
Response to Written Questions: July 28, 2026, 5:00pm
Bid Due Date: July 31, 2026, 2:00pm
Bid Opening (Non-Mandatory): July 31, 2026, 2:00pm
https://teams.microsoft.com/l/meetup-
join/19%3ameeting_YWFjZmRiZDYtYzlk
OC00ZDA4LWJkMzMtY2Y5MmFlNWY5
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Recommendation of Award to Joint Powers
Board:
August 20, 2026
ITB Access and Bid Submission
Solicitation packets are available in the OpenGov Procurement Portal at
https://procurement.opengov.com/portal/santafenm.
(On the Project page, use the “Search” bar to find the ITB. Anyone may view the ITB without logging in, however, you must be
a registered vendor and logged in, to “Create Bid.”)
It is the Bidder's responsibility to ensure all documents are completely uploaded and submitted electronically via the OpenGov
Procurement Portal by the Bid due date and time. Such submissions will be considered sealed. Bidders must ensure their bids
are correct, accurate, and correspond with any amendments (addenda) before submission. Complete and submit all required

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documents, including specifications, supporting materials, certificates, pricing, etc., through OpenGov as per instructions to form
a complete, responsive bid (NMSA 1978, Sections 13-1-82 through 13-1-84 and 13-1-133).
Email: procurement-support@opengov.com if you’re having difficulty on the website.
• Procurement amendments are processed through OpenGov. If amendments (addenda) are processed,
o before bids are submitted, ensure bids reflect the amendments;
o after bids are submitted, bidders must update the bid by clicking “modify” and updating the
associated area(s)* to ensure bid reflects the amendment.
▪ *Bidders must replace the previously submitted documents if the amendment affects uploaded
documents.
• Bidders must ensure adequate time is allowed for large uploads and to fully complete bid submittal by
the deadline. Bids that are not both: (1) fully complete; and (2) received, by the deadline, will be deemed
late. Further, bids that are not received by the deadline because the response was captured, blocked,
filtered, quarantined, or otherwise prevented from reaching the proper destination server by any anti-
virus or other security software will be deemed late.
LATE BIDS WILL NOT BE ACCEPTED. OpenGov will not allow late submissions. The OpenGov system
will be the official time for responses to be submitted.
If you are working on your submission close to the deadline and the clock strikes 2:00 pm, the system will not
accept your submission and may even log you out. This is not a system error—it is the result of waiting too
long to submit. Bidders are responsible for planning accordingly and ensuring timely submission.
REMEMBER TO CLICK THE SUBMIT BUTTON!
LATE BIDS WILL NOT BE ACCEPTED
Procurement amendments (addenda) are processed through OpenGov. If amendments (addenda) are processed,
o before bids are submitted, ensure bids reflect the amendments (addenda);
o after bids are submitted, bidders must update the bid by clicking “modify” and updating the associated area(s)* to
ensure bid reflects the amendment (addendum).
▪ *Bidders must replace the previously submitted documents if the amendment (addendum) affects uploaded
documents.
Individuals that require accommodation may contact the CPO or designee at least five (5) working days prior to the scheduled
Bid Opening.
Travis Dutton-Leyda, CPO
Chief Procurement Officer
City of Santa Fe
tkduttonleyda@santafenm.gov
Any inquiries or requests regarding this procurement should be submitted, in writing, to the OpenGov Procurement Portal:
https://procurement.opengov.com/portal/santafenm/projects/281395

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Bidders may contact ONLY the Project Contact and the CPD regarding this procurement and its terminology via the OpenGov
Procurement Portal. Answers and information provided by any other employees shall not be considered official.
Protests must be submitted in writing to the City of Santa Fe's CPO, who is the sole authority for protest review and
determination per NMSA 1978, Section 13-1-172 and the Procurement Manual Section Y. Only timely, written protests
delivered directly to the CPO will be considered properly submitted.
Bidders shall promptly notify CPD – purchasing_ITB@santafenm.gov of any ambiguity, inconsistency, or error which they may
discover upon examination of this ITB. Any response made by the Agency will be provided in writing to all potential bidders by
way of amendments (addenda) or Questions and Answers, verbal responses shall not be considered official.
Laws and Regulations
The Bidder's attention is directed to the fact that all applicable Federal Laws, State Laws, Municipal Ordinances, and the rules
and regulations of all authorities having jurisdiction over the subject of this ITB shall apply to the ITB throughout, which will be
deemed to be included in the ITB the same as though written out in full.
Bid Opening
Bid opening will be conducted via Microsoft Teams as follows:
Date: Friday, July 31, 2026
Time: 2:00 pm Mountain S/D Time (US and Canada)
Web Address: Link to Microsoft Teams Bid Opening
Disclosure of Bid Contents
All bids will be kept confidential until a Contract/Agreement is awarded. At that time, all bids and documents
pertaining to the bid will be open to the public, except for the material that is propri-etary or confidential.
Proprietary or confidential material shall be readily separable from the bid in order to facilitate eventual public
inspec-tion of the non-confi-dential portion of the bid. Confidential data is generally restricted to confidential
financial information about the Bidder’s organization and data that qualifies as a trade secret under the Uniform
Trade Secrets Act, Sections 57-3A-1 to 57-3A-7 NMSA 1978. The price of products offered or the cost of
services bid shall not be designat-ed as proprietary or confidential information.
If a request is received for disclosure of material for which a Bidder has made a written request for
confidentiali-ty, the Chief Procurement Officer shall examine the request and make a written determination that
specifies which portions of the bid should be disclosed. Unless the Bidder takes legal action to prevent the
disclosure, the bid will be dis-closed. The bid shall be open to public inspec-tion subject to any continuing
prohibition on disclosing confidential data.
Brand Name Specifications, NMSA 1978, Section 13-1-33
May be authorized ONLY if required to match existing equipment and is determined by the CPO, to be in the best interest of
the Agency.
Brand Name or Equal, NMSA 1978, Section 13-1-34
Where a brand name or equal is indicated, it is for the purpose of describing the standard of quality, performance, and
characteristics desired and is not intended to restrict competition.

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Bidders shall clearly indicate that it is offering an "equal" product unless the Bidder is offering the brand name product(s)
referenced in the inquiry. Should any specified brands or models be listed incorrectly, discontinued or improved, the Bidder shall
note such changes in their responses and include the pertinent details regarding the change. In the event the item has been
discontinued, the Bidder will be allowed to propose comparable goods or services along with the necessary supplemental
documentation supporting their position.
The Agency reserves the right to evaluate “or equal” or any line of the SOW that does not exactly meet the requirements. The
Agency also reserves the right to evaluate based on the make and model submitted by the bidder and review all specifications to
ensure that make and model meets or exceeds the specifications listed in the SOW and deny the bid with justification if the
minimum requirements are not met. If bidding “equivalent” bidders must be prepared to furnish “complete data” upon request,
preferably with the bid, to avoid delay in award.
Method of Award
The Agency also reserves the right to award to multiple Bidders to meet the needs of the Agency in accordance with NMSA 1978,
Section 13-1-153.
Awards will be made to the lowest responsive and responsible bidder as determined by an evaluation of pricing
in accordance with the specifications, terms, and conditions of this solicitation. Pricing may be evaluated in a
manner that best reflects industry standards and the operational needs of the Agency, including but not limited
to unit pricing, extended pricing, estimated usage, historical usage, anticipated demand, total cost of ownership,
and lifecycle costs.
The Agency may evaluate items individually or in the aggregate and may consider extended quantities over the
anticipated Contract/Agreement term where usage varies by item. Certain items may be required in high
volumes while others may be needed in limited quantities, and evaluation may reflect these differences to
determine the overall best value to the Agency.
The Agency reserves the right to award the entire bid, by groups, by individual items, or by any combination
thereof, as determined to be in the best interest of the Agency.
CPO may waive irregularities and recommend an award serving the Agency's best interest.
F.O.B. Destination requires delivery to the department location before ownership transfers. Any exception may
deem the bid non-responsive.
Visit the linked website for instructions (search vendor guides):
https://opengov.my.site.com/support/s/procurement
Identical Bids
If two or more identical bids are received, the Chief Procurement Officer will apply the process described in NMSA 1978, Section
13-1-110 of the New Mexico Procurement Code.
Recommendation of Award
The Agency anticipates awarding the Contract(s)/Agreement(s) during the regular scheduled Joint Powers Board meeting on
August 20, 2026; however, the meeting's date is tentative and subject to change without notice.
Rejection or Cancellation of Bids
The CPO or designee shall have the right to reject or cancel any or all bids, and to reject a bid not accompanied by the data
required by this ITB, or a bid which is in any way incomplete or irregular.

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The ITB may be canceled, and any or all bids may be rejected in whole or in part, when it is in the Agency's best interest. Any
ambiguity in the bid as a result of omission, error, lack of clarity or non-compliance by the Bidder with specifications, instructions
and all conditions shall be construed in favor of the Agency. A determination containing the reasons shall be made part of the
project file (NMSA 1978, Section 13-1-131).
Prohibitive Bidding
If any Bidder is of the opinion that the specifications as written preclude them from submitting a bid on this ITB, it is requested
that his opinion be made known to the CPO or designee, in writing, at least seven (7) days prior to the bid opening date.
Protest Deadline
Any protest by a Bidder must be timely submitted and conform to NMSA 1978, Section 13-1-172 and applicable procurement
regulations. The fifteen (15) calendar day protest period shall begin on the day following the Contract/Agreement award and will
end by the close of business fifteen (15) calendar days after the Contract/Agreement award. Protests must be written and must
include the protestor's name and address and the ITB number. Protests must also contain a statement of grounds for protest,
including appropriate supporting exhibits, and specify the ruling requested. Protests must be addressed and delivered to:
Travis Dutton-Leyda
Chief Procurement Officer
City of Santa Fe
tkduttonleyda@santafenm.gov
Protests received after the deadline will not be accepted. The Agency reserves the right to implement the terms of the
Contract/Agreement with the successful Bidder during the pendency of the protest.
Agency Rights
The Agency reserves the right to accept all or a portion of a bid.
Right to Publish
Throughout this procurement process and Contract/Agreement term, potential Bidders and contractors must secure from the
Agency written approval before releasing any information that pertains to the potential work or activities covered by this
procurement or the subsequent Contract/Agreement. Failure to adhere to this requirement may result in disqualifi-cation of the
Bidder's bid or termination of the Contract/Agreement.
Compliance with the City of Santa Fe and Santa Fe County's Minimum Wage Rate Ordinances
(Living Wage Ordinances)
Compliance with the City of Santa Fe and Santa Fe County’s Minimum Wage Rate Ordinances (Living Wage Ordinances). The
vendor must comply with the current living wage rate and requirements posted on this page:
City of Santa Fe: https://santafenm.gov/economic-development/business-resources/living-wage-information
Santa Fe County: https://www.santafecountynm.gov/livingwage
Preferences
New Mexico Resident / Native American Resident / Veteran Resident Business Preferences: To receive the Preference
pursuant to NMSA 1978, Section 13-1-22 (as amended), the Bidder must submit a copy of a valid Resident Business certificate
issued by the New Mexico Department of Taxation and Revenue with its bid.
When a public body makes a purchase using a formal bid process, the public body shall deem a bid submitted by a:

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(1) New Mexico resident business or Native American resident business to be eight percent lower than the bid actually
submitted; or
(2) resident veteran business or Native American resident veteran business with annual gross revenues of up to six million
dollars ($6,000,000) in the preceding tax year to be ten percent lower than the bid actually submitted.
The New Mexico Resident Business or Native American Resident Business Preference is not cumulative with the New
Mexico Resident Veteran Business or Native American Resident Veteran Business Preference.
Local Preference: Local preference is not applicable pursuant to the County’s 2013 Purchasing Procedures and Finance Policy.
Bid Security
None required.
Preparation of Bid
To avoid errors and misunderstandings, attached bids must have all blank spaces and prices filled in accurately. In the event there
is a zero discount/price, indicate as such by entering a ‘0’. Failure to do so may result in rejection of the bid.
This ITB may be canceled or any and all bids may be rejected in whole or in part whenever the Agency
determines it is in the Agency's best interest to do so.
Bid Tabulations
If applicable, bid tabs will be created by and available on the OpenGov Procurement Portal after the Bid
Opening Date.
To avoid errors or misunderstandings, bids must be accurately typed in the OpenGov (PRICE SCHEDULE).
Any corrections or changes must be made in OpenGov before the scheduled Bid Opening date and time. Failure
to do so may result in rejection of the bid. Modifications must occur before the scheduled bid opening for
consideration; no bid modifications allowed post-opening. Bidders reporting mistakes may withdraw bids prior
to the submission due date.
Interpretations and Amendments (Addenda)
No oral interpretation of the meaning of any section of the ITB will be binding. Oral communications are permitted to assess the
need for an amendment (addendum). Any questions concerning the ITB must be addressed prior to the date set for receipt of bids.
Every request for such interpretations should be submitted as a question through OpenGov Procurement Portal to be given
consideration and must be received at least five (5) days prior to the date set for receipt of bids. Other Agency employees do not
have the authority to respond on behalf of the Agency.
Any and all such interpretations and any supplemental instruction will be in written amendments (addenda) to the ITB, which, if
issued, will be sent to all prospective Bidders through the OpenGov Procurement Portal not later than three (3) days prior to
the date set for receipt of bids. Failure of any Bidder to receive any such amendments (addenda) or interpretations shall not relieve
Bidder from any obligation under their bid as submitted. All amendments (addenda) so issued shall become part of the
Contract/Agreement documents.
Amendments (addenda) will be distributed through the OpenGov Procurement Portal.
The Agency reserves the right not to comply with these time frames mentioned above if an amendment (addendum) is required
to extend the bid deadline or cancel the ITB due to significant justification(s) that are in the Agency's best interest.
Indefinite Quantity Agreement

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The items and/or services to be ordered shall be listed on the Bid Form. All orders issued hereunder will bear
both an order number and this Price Agreement number. It is understood that no guarantee or warranty is made
or implied by the Agency that any order for any definite quantity will be issued under this Price Agreement. The
Bidder is required to accept the order and furnish the items and/or services in accordance with the articles
contained hereunder for the quantity of each order.
Multiple Award
Pursuant to Sections 13-1-153 and 13-1-154 NMSA 1978, the Agency reserves the right to issue multiple
awards to obtain the items specified. Multiple awards are recommended to ensure availability and timely
delivery of services. The Agency may award Contracts/Agreements to multiple bidders under the indefinite
quantity agreement or “on-call” procurement process.
III. DEFINITIONS AND TERMS
Definitions and Terms
A. Addendum or Amendment: a written or graphic instrument issued prior to the opening of Bids, which clarifies, corrects,
or changes the Invitation to Bid.
B. Agency: means the Santa Fe Solid Waste Management Agency.
C. Bidder: means the companies or firms submitting a bid in response to this Invitation to Bid.
D. BuRRT: means the Buckman Road Recycling and Transfer Station.
E. Central Purchasing Division (CPD): means the office responsible for the control of procurement of items of tangible
personal property, services or construction.
F. Chief Procurement Officer (CPO): means that person within the Central Purchasing Office who is responsible for the
control of procurement of items of tangible personal property, services or construction.
G. City: means the City of Santa Fe.
H. Close of Business: means 5:00 p.m. Mountain Time.
I. Contractor: means the successful Bidder who enters into a binding Contract/Agreement.
J. Contract/Agreement: means the Agency's Agreement for the procurement of items of tangible personal property,
services or construction, including all exhibits attached to it and incorporated in it by reference, and all amendments in
accordance with its terms. Contract/Agreement can mean a Professional Services Agreement, Services Agreement,
Construction Agreement or Price Agreement.
K. Desirable: means the terms "can," "may," and "should" indicate a discretionary item or factor.
L. Determination: means the written documentation of the Chief Procurement Officer's decision, including findings of fact
required to support a decision. A determination becomes part of the procurement file to which it pertains (NMSA 1978,
Section 13-1-52).
M. Invitation to Bid: or "ITB" means all documents, including those attached or incorporated by reference, used for
soliciting bids (NMSA 1978, Section 13-1-102).
N. Joint Powers Board (JPB): means the governing body of the Santa Fe Solid Waste Management Agency that operates
the Caja del Rio Landfill and Buckman Road Recycling and Transfer Station.
O. Landfill: means the Caja del Rio Landfill.
P. Mandatory: means the terms "must," "shall," "will," "is required," and "are required" indicate a mandatory item or factor
that will result in the rejection of the Bidder's bid.

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Q. Multi-Term Contract: means a Contract/Agreement having a term longer than one year (NMSA 1978, Section 13-1-
68).
R. Purchase Order: means a fully executed purchase document issued by the City that specifies the items and services to
be provided by the Contractor.
S. Responsible Bidder: means a Bidder who submits a responsive bid and who has furnished, when required, information
and data to prove that the Bidder's financial resources, production or service facilities, personnel, service reputation and
experience are adequate to make satisfactory delivery of the services described in the invitation to bid (NMSA 1978,
Section 13-1-82).
T. Responsive Bid: means an offer that conforms materially to the requirements in the invitation to bid. Material respects
of the invitation to bid include, but are not limited to, price, quality, quantity or delivery requirements (NMSA 1978,
Section 13-1-84).
U. Services: means the furnishing of labor, time or effort by a Contractor not involving the delivery of a specific end product
other than reports and other materials merely incidental to the required performance. Services include the furnishing of
insurance but do not include construction or the services of employees of the Agency (NMSA 1978, Section 13-1-87).
V. Staff: means any individual who is a full-time, part-time, or independently contracted employee with the Bidders'
company.
IV. STATEMENT OF WORK
Purpose and Objectives
To establish a price agreement(s) for the purchase and delivery of motor oils, lubricants, antifreeze and related
products for a variety of vehicles, heavy and industrial equipment in support of its operations which require
manufacturer-approved fluids.
Purchase Orders
Under the terms and conditions of this Invitation to Bid (ITB) and any resulting Contract/Agreement, the City
on behalf of the Agency, may issue Purchase Orders (POs) for the items and/or services described herein. All
terms, conditions, specifications, and pricing set forth in the ITB and resulting Contract/Agreement are
incorporated by reference and shall govern each order issued.
Items and/or services shall be ordered in accordance with the Price Schedule. Each order issued under this
Contract/Agreement shall reference both an order number and an authorized PO number.
Only written POs issued and signed are valid and binding. Vendors shall not provide goods or perform services
without a valid, authorized PO. Vendors are responsible for ensuring that the PO expiration date, when
applicable, remains current and in effect for the duration of any services and/or delivery of goods. POs
generally expire on June 30 of each fiscal year; vendors must obtain a new, valid PO prior to continuing work
beyond the expiration date.
Items and/or services furnished under this Contract/Agreement shall conform to all applicable specifications,
requirements, and drawings associated with the Price Schedule. Orders may identify items by reference to item
numbers, descriptions, and pricing and may not fully restate all specifications; however, all applicable
requirements of the ITB and resulting Contract/Agreement remain in effect.
Term and Effective Date

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The term of the subsequent Contract/Agreement shall be awarded for one (1) year from the date of signed
Agency approval, and can be extended and renewed annually for up to ten (10).
Insurance Requirements
The Awarded Contractor shall procure and maintain at the Awarded Contractor’s own expense, insurance of the
kinds and in amounts herein required. This insurance shall be provided by insurance companies authorized to do
business in the State of New Mexico and shall cover all operations under the Contract/Agreement, whether
performed by the Awarded Contractor, the Awarded Contractor's agents, or employees, or by subcontractors.
All insurance provided shall remain in full force and effect for the entire period of the work, up to and including
final acceptance, and the removal of all equipment, employees, agents, and subcontractors therefrom.
The awarded contractor shall procure and maintain, at the contractor’s sole expense, all insurance required by
this solicitation and Contract/Agreement, as well as any additional types of insurance that are customary,
standard, or reasonably required within the contractor’s industry for the performance of the services or
delivery of goods under this Contract/Agreement. The contractor represents and warrants that it is
knowledgeable of and complies with all insurance requirements applicable to its industry and scope of work.
The Agency’s failure to specify a particular type of insurance shall not relieve the contractor of responsibility
for maintaining appropriate industry-standard coverage.
All insurance shall be issued by insurance companies authorized to do business in the State of New Mexico and
shall cover all operations performed under the Contract/Agreement, whether conducted by the contractor, its
officers, agents, employees, or subcontractors. The contractor shall require all subcontractors to maintain
insurance consistent with these requirements and is responsible for verifying compliance.
All required insurance shall remain in full force and effect for the entire term of the Contract/Agreement,
including any extensions, and through final acceptance of the work, as well as the removal of all equipment,
personnel, agents, and subcontractors from Agency premises.
The awarded contractor shall name the Agency, its officers, officials, employees, and volunteers as Additional
Insureds on all required liability insurance policies, except where prohibited by law. Coverage afforded to the
Agency shall be primary and non-contributory with respect to any insurance carried by the Agency.
Within a reasonable time after notification of tentative award, and prior to Contract/Agreement execution or
commencement of any work, the contractor shall provide the Agency with certificates of insurance and required
endorsements evidencing compliance with all insurance requirements of this solicitation and
Contract/Agreement. Such documentation shall be provided promptly upon request and shall be subject to
review and approval by the Agency. Failure to provide acceptable proof of insurance in a timely manner may
result in withdrawal of the tentative award or delay in Contract/Agreement execution, at the Agency’s sole
discretion.
The Agency reserves the right, at any time during the term of the Contract/Agreement, to require the contractor
to provide evidence of additional insurance coverage determined by the Agency to be reasonably necessary
based on the nature of the work, changes in scope, or identified risk exposures. The Agency may independently
verify compliance, including conducting research or benchmarking against industry standards.
All insurance policies shall provide that coverage shall not be canceled, materially reduced, or allowed to expire
without at least thirty (30) days’ prior written notice to the Agency.

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The procurement and maintenance of insurance by the contractor shall not be construed as limiting the
contractor’s liability or obligations under the Contract/Agreement.
Conditions
The conditions and specifications set out in this ITB are inseparable and indivisible. Any Bidder, by submitting
a bid, agrees to be bound by all such conditions and/or specifications. All conditions and specifications in the
ITB, and all other documents required to be submitted, shall be submitted by the Bidder in their bid package.
Failure to do so or any attempt to vary or change the conditions or specifications of the ITB shall, at the
discretion of the Agency, constitute grounds for rejection of the entire bid.
Compensation
The prices quoted herein represent the basis of compensation to be paid by the Agency for goods and/or
services provided. It is understood that the Awarded Contractor providing said goods and/or services to the
Agency is responsible for payment of all costs of labor, equipment, tools, materials, federal taxes, permits,
licenses, fees, travel/lodging and any other items necessary to complete the work provided. The prices quoted in
this Contract/Agreement include an amount sufficient to cover such costs. When bidding, enter the amounts for
the respective bid item unit prices to a maximum of four (4) decimal places.
The Awarded Contractor shall be considered an independent entity and not an employee of either the City of
Santa Fe or the Agency. The Agency shall provide directions regarding the time and place of performance and
compliance with rules and regulations required by this Contract/Agreement.
All interested Bidders and Awarded Contractor, at a minimum, must be able to provide the products and/or
services identified within the scope of work of this ITB.
IMPORTANT: NO ADDITIONAL TERMS AND/OR CONDITIONS WILL BE ACCEPTED
V. SCOPE OF WORK
Specifications
All products offered under this contract shall be approved for year-round use under all load conditions common
to normal fleet operations. All products shall be guaranteed against any adverse effect on the original factory
engine warranty when used as prescribed by the original engine manufacturer.
Bidders should include proof of American Petroleum Institute (API) Service Requirements on new and re-
refined products offered under this ITB.
Basic Qualifications
All bids shall include delivery in the Santa Fe area. All delivery vehicles shall be compliant with Federal, State
and Local laws and regulations.
All drums delivered shall be in satisfactory condition with minimal dents and be rust free. Unsatisfactory drums
shall be rejected upon delivery with replacement required within 24 hours at no charge to the Agency.
Contractor shall be responsible, at no cost to the Agency, for the clean-up and remediation of any contamination
or spillage resulting from delivery, transfer or unloading at Agency-owned facilities.

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Contractor shall provide manufacturers’ Safety Data Sheets (SDS) for all covered fluids and materials delivered
to the Agency at the time of delivery.
Samples and Testing
Product(s) provided under this Price Agreement shall be free from contamination.
Random sample tests for all materials may be performed at time of delivery to ensure the product meets
specifications. Testing costs will be paid by the Agency unless the sample is not in compliance, in which case
the cost will be borne by the Contractor.
If the Agency determines that product delivery does not comply with specifications herein, the Contractor will
be notified via e-mail, phone, or facsimile. Contractor shall have 48 hours from the time of notification to
rectify the problem to the satisfaction of the Agency and/or remove the product, if circumstances dictate.
Testing shall be ordered by the Agency using a qualified laboratory if Agency vehicles and/or pieces of heavy
equipment require repairs as a result of using product(s) provided under this contract that do not meet the
manufacturer’s specifications. If the malfunction is proved to be the result of the product supplied, the
Contractor shall be responsible for all repairs necessary to return the vehicle(s) and/or pieces of heavy
equipment to good operating condition.
Orders and Deliveries
When delivering in bulk, product quantity shall be measured by the gross gallon, with a metered delivery truck
bearing a current New Mexico Department of Agriculture approval seal. Contractors not using metered trucks
are grounds for termination.
An authorized Agency representative must be on site at the time of any delivery. It is mandatory that the
Contractor secures both a printed name and signature of the Agency representative receiving the delivery.
Delivery shall be made within three (3) business days of order placement, excluding weekends (Saturdays and
Sundays) and any state/federal holidays observed by the Agency. Deliveries shall be during normal operating
hours for the Agency, unless different parameters are mutually agreed upon, in writing, between the Contractor
and Agency’s representatives. Contractor shall be required to pick up any number of empty drums upon
delivery of orders. Contractor shall notify the Agency immediately if delivery is expected to exceed this time
frame or if the compete order cannot be fulfilled.
Each delivery shall be accompanied by a packing slip which itemizes materials and quantities delivered,
packaging, contract number, purchase order number and delivery location.
Notwithstanding the existence of this Agreement, the Agency reserves the right to order any product(s) required
for emergency purpose from any Contractor who can deliver such product(s) to meet the requirements of the
Agency, without waiving or voiding any of the terms of this agreement.
All prices shall be F.O.B. destination to the delivery location designated by the Agency. Contractor shall retain
title and control of all goods until they are delivered and the contract coverage has been completed. All risk of
transportation and all related charges shall be the responsibility of the Contractor.

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Contractor shall be responsible for all spillage which may occur during transit and unloading
operations. Contractor shall immediately report spillage to the Agency, the appropriate fire department, and any
agency with regulatory authority over hazardous materials spills. Contractor shall contain and remediate the
spillage according to US EPA and State of New Mexico regulations and guidelines. Contractor shall be
responsible for containment and cleanup costs of not only the immediate area but also all affected areas such as,
but not limited to, surface, subsurface and water.
Contractor shall also be responsible for all cleanup required to all Agency’s property, storage facilities, and
equipment as a result of noncompliance with specifications. Furthermore, Contractor shall be fully responsible
for any and all costs incurred by the Agency for any equipment sustaining damage, which is attributed to a
contaminated product(s), which Contractor has delivered.
VI. VENDOR QUESTIONNAIRE
ce Schedule*
Please download the below documents, complete, and upload.
• Price_Schedule_Motor_Oils,_...
*Response required
applicable, the Bidder hereby acknowledges receipt of any addenda or amendments to the ITB.*
☐ Please confirm
*Response required
nancial Interest*
All Bidders must notify the CPO or designee if any employee(s) of the requesting Department or CPD have a
financial interest in the Bidder.
☐ Yes
☐ No
*Response required
When equals "Yes"
Specify by name*
*Response required
M Business Tax Identification # (NMBTIN), as applicable
you have a New Mexico Preference Certificate (Resident, Veterans' or Native American Business)
issued by the New Mexico Department of Taxation and Revenue?
If yes, please upload a .pdf of the current certificate.
ntract/Agreement Terms and Conditions*
Please download the Contract/Agreement below for review and/or upload accordingly. Any proposed changes
shall be in redline format. Should the Offeror accept the agreement without changes, upload a one-page
response indicating as such. This will allow the Bidder to move forward and complete this question.
• FINAL_AMENDED_Price_Agreeme...

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*Response required
VII. EXISTING CONTRACT/AGREEMENT USAGE CLAUSE
This Contract/Agreement may be utilized by any entity or organization legally authorized to do so. Eligible
entities include, but are not limited to, all agencies, commissions, institutions, political subdivisions, and local
public bodies. Any such use of this Contract/Agreement shall be in accordance with all applicable laws,
regulations, and procurement requirements. The Contractor shall honor all orders placed by authorized entities
under the terms and conditions of this Contract/Agreement.