Contract - EMS Technology Solutions - 9/22/2022CITY OF ROUND ROCK AGREEMENT FOR
PURCHASE OF FIRE ASSET MANAGEMENT SOFTWARE
WITH
EMS TECHNOLOGY SOLUTIONS. LLC
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS:
THAT THIS AGREEMENT for the purchase of fire asset management software (referred
to herein as the "Agreement"), is made and entered into on this the GGNOday of the month of
2022 by and between the CITY OF ROUND ROCK, a Texas home -rule
municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299
(referred to herein as the "City"), and EMS TECHNOLOGY SOLUTIONS, LLC, whose offices
are located at 3781 Tramore Pointe Parkway, Austell, Georgia 30106 (referred to herein as
"Services Provider").
RECITALS:
WHEREAS, City desires to purchase fire asset management software; and
WHEREAS, City issued a Request for Proposal (RFP No. 22-006) in January 2022 for
said goods and services; and
WHEREAS, based on the Services Provider's proposal submitted in response to RFP
No. 22-006, City desires to award said goods and services to Services Provider as set forth
herein; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties, and obligations;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 DEFINITIONS
A. Agreement means the binding legal contract between City and Services Provider
whereby City agrees to buy specified goods and services and Services Provider is obligated to
provide said services. The Agreement includes the City's RFP No. 22-006 dated January 2022
4883-5901-4182/ss2
tz_ 2022, _�>o3
and the Service Provider's Proposal and Best and Final Offer dated May 25, 2022, both
documents attached as Exhibit "A" and incorporated herein by reference for all purposes.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. Force Majeure means acts of God, strikes, lockouts, or other industrial
disturbances, acts of the public enemy, orders of any kind from the government of the United
States or the State of Texas or any civil or military authority, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, hurricanes, storms, floods, restraint of the government
and the people, civil disturbances, explosions, or other causes not reasonably within the control
of the party claiming such inability.
E. Goods mean the specified supplies, materials, commodities, or equipment.
F. Services mean work performed to meet a demand or effort by Services Provider
to comply with promised delivery dates, specifications, and technical assistance specified.
2.01 EFFECTIVE DATE AND TERM
A. This Agreement shall be effective on the date this Agreement has been signed by
each party hereto and shall remain in full force and effect unless and until it expires by operation
of the term indicated herein or is terminated or extended as provided herein.
B. The term of this Agreement shall be for sixty (60) months commencing on the
effective date of the Agreement.
C. City reserves the right to review the relationship with Services Provider at any
time and may elect to terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
The goods and services which are the subject of this Agreement are described in Exhibit
"A." Exhibit "A," together with this Agreement, comprise the total Agreement and they are fully
a part of this Agreement as if repeated herein in full.
4.01 SCOPE OF WORK
Services Provider shall satisfactorily provide all good and services described under the
attached Exhibit "A." Services Provider's undertakings shall be limited to providing the goods
and performing services for the City and/or advising City concerning those matters on which
Services Provider has been specifically engaged. Services Provider shall perform its services in
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accordance with this Agreement, in accordance with the appended exhibit, in accordance with
due care, and in accordance with prevailing industry standards for comparable services.
5.01 CONTRACT AMOUNT
A. In consideration for the goods and related services set forth in Exhibit "A," City
agrees to pay Services Provider in the following manner as set forth in Exhibit "A," Attachment
D — Cost Proposal:
1) Implementation Fees +Year 1: $385,779.00
2) Maintenance Fees Years 2-5: $739056.00
3) Phase 2 RFID for Warehouse Implementation Fee +
Year 1 of RFID $249950.00
4) RFID Maintenance Fees Years 2-5: $79200.00
5) Phase 3 RFID for Trucks: $709063.00
B. The total costs payable to Services Provider for the term of the Agreement shall
not exceed Two Hundred Fourteen Thousand Forty -Eight and No/100 Dollars
($2149048.00).
6.01 INVOICES
All invoices shall include, at a minimum, the following information:
A. Name and address of Services Provider;
B. Purchase Order Number;
C. Description and quantity of items received or services provided; and
D. Delivery or performance dates.
7.01 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may affect such termination by
giving Services Provider a written notice of termination at the end of its then current fiscal year.
8.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
Services Provider will be made within thirty (30) days of the day on which City receives the
performance, supplies, materials, equipment, and/or deliverables, or within thirty (30) days of the
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day on which the performance of services was complete, or within thirty (30) days of the day on
which City receives a correct invoice for the performance and/or deliverables or services,
whichever is later. Services Provider may charge interest on an overdue payment at the "rate in
effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance
with V.T.C.A., Texas Government Code, Section 2251.025(b); however, this Policy does not
apply to payments made by City in the event:
A. There is a bona fide dispute between City and Services Provider, a contractor,
subcontractor or supplier about the goods delivered or the service performed that
cause the payment to be late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
C. There is a bona fide dispute between Services Provider and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the service
performed that causes the payment to be late; or
D. Invoices are not mailed to City in strict accordance with instructions, if any, on
the purchase order or the Agreement or other such contractual agreement.
9.01 GRATUITIES AND BRIBES
City may, by written notice to Services Provider, cancel this Agreement without liability
to Services Provider if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Services Provider may be subject to penalties stated
in Title 8 of the Texas Penal Code.
10.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider's charges.
11.01 ORDERS PLACED WITH ALTERNATE SERVICES PROVIDERS
If Services Provider cannot provide the goods as specified, City reserves the right and
option to obtain the products from another supplier or suppliers
12.01 CITY' S REPRESENTATIVE
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
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Charles Dittman
Assistant Fire Chief
203 Commerce Boulevard
Round Rock, Texas 78664
(512) 671-2776
cdittmangroundrocktexas. gov
13.01 INSURANCE
Services Provider shall meet all City of Round Rock Insurance Requirements as set forth
at: http://www.roun.drocktexas. ov/wp-content/uploads/2014/I2/corr insurance 07.20112.pdf.
14.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
15.01 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of City
purchasing the specified goods elsewhere, Services Provider agrees that it may be charged the
difference in cost, if any, and that it will not be considered in the re -advertisement of the service
and that it may not be considered in future bids for the same type of work unless the scope of
work is significantly changed.
Services Provider shall be declared in default of this Agreement if it does any of the
following:
A. Fails to fully, timely and faithfully perform any of its material obligations
under this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
C. Becomes insolvent or seeks relief under the bankruptcy laws of the United
States.
16.01 TERMINATION AND SUSPENSION
A. Either party has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to the other
party.
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B. In the event of any default by either party, the non -defaulting party has the right to
terminate this Agreement for cause, upon ten (10) days' written notice to the defaulting party.
C. The parties may also terminate the Agreement by mutual agreement evidenced in
writing by and between the parties.
D. In the event City terminates pursuant to this section 16.0, the following shall
apply: Upon City's delivery of the referenced notice to Services Provider, Services Provider
shall discontinue all services in connection with the performance of this Agreement and shall
proceed to cancel promptly all existing orders and contracts insofar as such orders and contracts
are chargeable to this Agreement. Within thirty (30) days after such notice of termination,
Services Provider shall submit a statement showing in detail the goods and/or services
satisfactorily performed under this Agreement to the date of termination. City shall then pay
Services Provider that portion of the charges, if undisputed. The parties agree that Services
Provider is not entitled to compensation for services it would have performed under the
remaining term of the Agreement except as provided herein.
17.01 WARRANTIES
Equipment sold by Services Provider carry only those warranties specified for them by
their manufacturers. The duration of the warranty shall extend for the length of time set by the
manufacturer. As to such equipment, there are no other expressed or implied warranties,
including any warranty of merchantability or fitness of a particular purpose. If there is a breach
or violation of any such warranties, Services Provider shall hold option to repair or replace the
equipment. Services Provider shall not be liable for punitive, special, proximate, incidental,
consequential, or exemplary damages including loss of profits. Notwithstanding this warranty,
City shall be responsible for all regular service and maintenance of equipment. In no event will
Services Provider be liable for any damages or nonconformity of equipment to the extent caused
either directly or indirectly by City or its designated representative, employees, contractors, or
agents.
18.01 INDEMNIFICATION
Services Provider shall defend, indemnify and hold harmless City, and its elected
officials, directors, officers and employees, from any claims, losses, damages, penalties,
judgments and liabilities, including all reasonable related costs and expenses, arising in
connection with any action or claim that the services provided infringes or misappropriates any
patent, copyright, trade secret or other intellectual property right.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Services Provider, its agents, employees and subcontractors shall use best efforts
to comply with all applicable federal and state laws, the Charter and Ordinances of the City of
Round Rock, as amended, and with all applicable rules and regulations promulgated by local,
state and national boards, bureaus and agencies.
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B. In accordance with Chapter 2271, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel and will not boycott Israel during the term of this contract. The signatory executing this
Agreement on behalf of Services Provider verifies Services Provider does not boycott Israel and
will not boycott Israel during the term of this Agreement.
C. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has
provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate during the term of the contract against a firearm entity or firearm trade association.
The signatory executing this Agreement on behalf of Services Provider verifies Services
Provider does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association, and it will not discriminate during the term of this
Agreement against a firearm entity or firearm trade association.
D. In accordance with 2274, Texas Government Code, a governmental entity may
not enter into a contract with a company with at least ten (10) full-time employees for a value of
at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has
provision in the contract verifying that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of this Agreement. The signatory executing this
Agreement on behalf of Services Provider verifies Services Provider does not boycott energy
companies, and it will not boycott energy companies during the term of this Agreement.
20.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
21.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Services Provider:
EMS Technology Solutions, LLC
3781 Tramore Pointe Parkway
Austell, Georgia 30106
Notice to City:
City Manager Stephan L. Sheets, City Attorney
221 East Main Street AND TO: 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Services Provider.
22.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
23.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Services Provider and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing, duly authorized by action of the City Manager or City
Council.
24.01 DISPUTE RESOLUTION
City and Services Provider hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
25.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
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being void should a provision which is of the essence of this Agreement be determined void.
26.01 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Services Provider understands and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider shall be fully responsible for its delays or for failures to use best efforts in
accordance with the terms of this Agreement. Where damage is caused to City due to Services
Provider's failure to perform in these circumstances, City may pursue any remedy available
without waiver of any of City's additional legal rights or remedies.
Force Majeure. Neither City nor Services Provider shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible as defined herein. However, notice of such impediment or delay in
performance must be timely given and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of Ro)Qnd
By: LA
Printed Na
Title:
Date Signed:
Attest:
By:
Meagan S ACity,lerk
For City, pproved s to Form:
By:
Stepha L. Sheets, Ci y Attorney
EMS Technology Solution
By:
Printed Name: p Q /Q
Title: PPLu-J 1)9 ,� 6�r & ,E- p
Date Signed: V//2-�Z, d 7_ Z
Exhibit "A"
FlqL-llwL I NJ :19111 Am
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
REQUEST FOR PROPOSAL (RFP)
ASSET AND INVENTORY MANAGEMENT
SOFTWARE
SOLICITATION NUMBER 22-006
JAN UARY 2022
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/Item: 208-55 / 209-56
January 2022
ASSET AND INVENTORY MANAGEMENT SOFTWARE
PART I
GENERAL REQUIREMENTS
1. PURPOSE: The City of Round Rock, herein after "the City" seeks proposals from firms experienced in
providing inventory management software for municipal fire departments. The new system will need to
have expansion capabilities to accommodate future municipal growth and is estimated to be implemented
October 1, 2022. The Round Rock Fire Department (RRFD) currently has up to 185 individuals who will
require access to the system. Of the 185 individuals, there will be up to 40 utilizing the new system at any
given time.
2. BACKGROUND: The RRFD is a career fire department that has 160 uniformed personnel and 25
civilians. Operations are handled out of nine fire stations currently, a training center, and a logistics
warehouse. The vehicle fleet consists of 11 frontline fire apparatuses, a reserve fleet of five apparatuses,
and 30 administrative vehicles. The Department has five divisions: Suppression, Training, Prevention,
Community Risk Reduction, and Administration which respond to structural, transportation, and wildland
fires, Haz-Mat incidents, technical rescues, Emergency Medical Services (EMS) first response with Basic
Life Support (BLS) and Advanced Life Support (ALS) providers. The Department also performs
inspections for new and existing buildings, public education, and arson investigations. The RRFD
provides service to the City of Round Rock as well as Williamson County Emergency Services District
(ESD) #9, with a total population of 135,000. The RRFD answered 14,000 calls for service in 2020 with
approximately 65% of the calls generating an EMS report and the other 35% generating only a Fire
report.
3. SOLICITATION PACKET: This solicitation packet is comprised of the following:
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Part I — General Requirements
Page(s) 2-5
Part II — Definitions, Standard Terms and Conditions
and Insurance Requirements
Page 6
Part III — Supplemental Terms and Conditions
Page(s) 7-9
Part IV — Scope of Work
Page(s) 10-11
Part V — Proposal Preparation Instructions and Evaluation Factors
Page(s) 12-14
Attachment A — Proposal Submittal Form and Execution
Page 15
Attachment B — Reference Sheet
Page 16
Attachment C — Asset Management Software Checklist
Separate Attachment
4. AUTHORIZED PURCHASING CONTACFor questions or clarification of specifications, you may
contact:
Adam Gagnon
Purchaser
Purchasing Division
City of Round Rock
Phone: 512-218-5456
E-mail: agagnon{&-roundrocktexas.qov
Amanda Crowell
Purchaser
Purchasing Division
City of Round Rock
Phone: 512-218-5458
E-mail: acrowell@roundrocktexas.gov
The individual(s) listed above is/are the only authorized City contact(s) for this solicitation. The
authorized purchasing contact(s) may be contacted by e-mail for clarification for this solicitation
including specifications. No other City employee or representative may be contacted about this
solicitation prior to contract approval. No authority is intended or implied that specifications may be
amended, or alterations accepted prior to solicitation opening without written approval of the City of
Round Rock through the Purchasing Department.
Page 2 of 16
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/Item: 208-55 / 209-56
January 2022
5. SCHEDULE OF EVENTS: It is the City's intention to follow the solicitation timeline below.
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Solicitation released
January 13, 2022
Deadline for submission of questions
January 25, 2022 @ 5:00 PM, CST
City responses to questions or addendums
Approx. January 28, 2022 @ 5:00 PM, CST
Deadline for submission of responses
February 15, 2022 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST on the due date
noted above. A copy of all the questions submitted and the City's response to the questions shall be
posted on the City's webpage in the form of an addendum at:
https://www.roundrocktexas.gov/city-businesses/solicitations/
Questions shall be submitted in writing to the "Authorized Purchasing Contact". The City reserves the
right to modify these dates. Notice of date change will be posted to the City's website:
https://www. roundrocktexas. og v/city-businesses/solicitations/
6. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
https://www.roundrocktexas.gov/city-businesses/solicitations/ for any updates pertaining to the solicitation
described herein. Various updates may include addendums, cancellations, notifications, and any other
pertinent information necessary for the submission of a correct and accurate response. The City will not
be held responsible for any further communication beyond updating the website.
7. RESPONSE DUE DATE: Signed and sealed responses are due at or before 3:00 PM, on the due date
noted in PART I, Section 5 — Schedule of Events. Mail or hand deliver sealed responses to:
City of Round Rock
Attn: Adam Gagnon
Purchasing Division
221 E. Main Street
Round Rock, Texas 78664-5299
A. Sealed responses shall be clearly marked on the outside of packaging with the RFP Solicitation title,
number, due date and "DO NOT OPEN".
B. Facsimile or electronically transmitted responses are not acceptable.
C. Responses cannot be altered or amended after opening.
D. No response can be withdrawn after opening without written approval from the City for an acceptable
reason.
E. The City will not be bound by any oral statement or offer made contrary to the written proposal.
F. Samples and/or copies shall be provided at the Respondent's expense and shall become the property
of the City.
G. Receipt of all addenda to this RFP must be acknowledged, signed, and included with the proposal
response.
H. Late Proposal(s) will not be considered under any circumstances and will be returned unopened if a
return address is provided.
8. RESPONDENT REQUIREMENTS: The City of Round Rock makes no warranty that this checklist is a full
comprehensive listing of every requirement specified in the solicitation. This list is only a tool to assist
participating Respondents in compiling their final responses. Respondents are encouraged to carefully
read the entire solicitation.
A. Respondent shall submit one (1) evident signed "Original" and one (1) identical electronic copy of the
RFP response on a flash drive. An electronic signature on the "original" solicitation response is
acceptable but any resulting contract shall be signed in ink. The submittal is required to include all
addendums and requested attachments. The RFP response along with samples and/or copies shall
be provided at the Respondent's expense and shall become the property of the City.
Page 3 of 16
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/Item: 208-55 / 209-56
January 2022
B. This request for proposal (RFP) does not commit the City to contract for any supply or service.
Respondents are advised that the City will not pay for any administrative costs incurred in response
of preparation to this RFP; all costs associated with responding to this RFP will be solely at the
interested parties' expense. Not responding to this RFP does not preclude participation in any future
RFP/RFQ/IFB.
C. For your RFP submittal to be considered responsive, the attachments identified below shall be
submitted with your proposal.
❑ Addendums: Addendums may be posted to this solicitation. Respondents are required to submit
signed addendums with their sealed response. The Respondent shall be responsible for
monitoring the City's website at https://www.roundrocktexas.gov/city-businesses/solicitations/ for
any updates pertaining to the solicitation.
❑ Attachment A: PROPOSAL SUBMITTAL FORM AND EXECUTION: Failure to complete, sign,
and return the proposal submittal form and execution with your offer by the deadline will result in
the disqualification of your proposal.
❑ Attachment B: REFERENCE SHEET: Provide the name, address, telephone number and E-
MAIL of at least three (3) valid Municipal, Government agencies or firms of comparable size that
have utilized services that are similar in type and capacity within the last two (2) years. City of
Round Rock references are not applicable. References may be checked prior to award. If
references cannot be confirmed or if any negative responses are received it may result in the
disqualification of submittal.
❑ Attachment C: Assessment Management Software Checklist: Fill out and return the attached
checklist to the City with your response.
9. CONFIDENTIALITY OF CONTENT: As stated in Section 16 of City of Round Rock Purchasing
Definitions, Standard Terms and Conditions, all documents submitted in response to a solicitation shall be
subject to the Texas Public Information Act. Following an award, responses are subject to release as
public information unless the response or specific parts of the response can be shown to be exempt from
the Texas Public Information Act. Pricing is not considered to be confidential under any circumstances.
A. Information in a submittal that is legally protected as a trade secret or otherwise confidential must be
clearly indicated with stamped, bold red letters stating "CONFIDENTIAL" on that section of the
document. The City will not be responsible for any public disclosure of confidential information if it is
not clearly marked as such.
B. If a request is made under the Texas Public Information Act to inspect information designated as
confidential, the Respondent shall, upon request from the City, furnish sufficient written reasons and
information as to why the information should be protected from disclosure. The matter will then be
presented to the Attorney General of Texas for final determination.
10. SUSPENSION OR DEBARMENT CERTIFICATION: The provisions of the Code of Federal Regulations 2
CFR part 180 suspension and debarment may apply to this agreement. The City of Round Rock is
prohibited from contracting with or making prime or sub -awards to parties that are suspended or debarred
or whose principals are suspended or debarred from doing business with the Federal Government, State
of Texas, or the City of Round Rock.
11. CERTIFICATE OF INTERESTED PARTIES: Section 2252.908 of the Texas Government Code requires
the successful offeror to complete a Form 1295 "Certificate of Interested Parties" that is signed for a
contract award requiring council authorization. The "Certificate of Interested Parties" form must be
completed on the Texas Ethics Commission website, printed, signed, and submitted to the City by the
authorized agent of the Business Entity with acknowledgment that disclosure is made under oath and
under penalty of perjury prior to final contract execution. Link to Texas Ethics Commission Webpage:
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm
Page 4 of 16
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/Item: 208-55 / 209-56
January 2022
12. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid, the
City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the Bidder to the City
Official, Employee, City Consultant, or Evaluation Team member evaluating or considering the bids prior
to the time a bid decision has been made. Communication between Bidder and the City will be initiated by
the appropriate City Official or Employee in order to obtain information or clarification needed to develop a
proper and accurate evaluation of the bid. Ex parte communication may be grounds for disqualifying the
offending Bidder from consideration or award of the bid then in evaluation, or any future bid.
Page 5 of 16
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/Item: 208-55 / 209-56
January 2022
PART 11
DEFINITIONS, STANDARD TERMS AND CONDITIONS,
AND INSURANCE REQUIREMENTS
1. DEFINITIONS, STANDARD TERMS AND CONDITIONS: By submitting a response to this solicitation,
the Respondent agrees that the City's Definitions and Standard Terms and Conditions, in effect at the
time of release of the solicitation, shall govern unless specifically provided otherwise in a separate
agreement or on the face of a purchase order. These can be obtained from the City's website at:
https://www.roundrocktexas.g oq v/city departments/purchasing/. In addition, the Supplemental Terms and
Conditions listed in Section III, shall also be enforced as part of the contract.
2. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth in Standard
Insurance Requirements. The City's Standard Insurance Requirements document can be viewed and
downloaded from the City's website at: https://www.roundrocktexas.gov/city-departments/purchasing/
3. PROFESSIONAL LIABILITY FOR SOFTWARE CONTRACTS: The Contractor shall provide coverage,
at a minimum limit of $2,000,000 per claim, to pay on behalf of the assured all sums which the assured
shall become legally obligated to pay as damages by reason of any negligent act, error, or omission, or
breach of security (including but not limited to any confidential or private information) arising out of the
performance of professional services under this Agreement. The required coverage shall extend to
technology licensed and/or purchased, including any software licensed or hardware purchased under this
Contract.
If coverage is written on a claims -made basis, the retroactive date shall be prior to or coincident with the
date of the Contract and the certificate of insurance shall state that the coverage is claims -made and
indicate the retroactive date. This coverage shall be continuous and will be provided for 24 months
following the completion of the contract.
4. CYBER LIABILITY INSURANCE: Coverage of not less than $1,000,000 each claim and annual
aggregate providing coverage for damages and claims expenses, including notification expenses, arising
from:
A. Breach of network security,
B. Alteration, corruption, destruction, or deletion of information stored or processed on a computer
system,
C. Invasion of privacy, including identity theft and unauthorized transmission or publication of personal
information,
D. Unauthorized access and use of computer systems, including hackers.
E. The transmission of malicious code, and
F. Website content, including claims of libel, slander, trade libel, defamation, infringement of copyright,
trademark and trade dress and invasion of privacy.
Page 6 of 16
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/Item: 208-55 / 209-56
January 2022
PART III
SUPPLEMENTAL TERMS AND CONDITIONS
1. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the
following:
A. The term of the Agreement shall begin from date of award and shall remain in full force for sixty (60)
months.
B. Upon expiration of the contract term, the Contractor agrees to hold over under the terms and
conditions of this agreement for such a period as is reasonably necessary to re -solicit and/or
complete the project up to 120 days.
2. RESPONDENT QUALIFICATIONS: The City has established the following minimum qualifications.
Respondents who do not meet the minimum qualifications will not be considered for award. The
Respondent shall:
A. Be firms, corporations, individuals, or partnerships normally engaged in providing asset management
software as specified herein and have adequate organization, facilities, equipment, financial
capability, and personnel to ensure prompt and efficient service to the City.
B. In order to confirm financial stability, the City may choose to review audited financial statements at
any time throughout the RFP evaluation process. Upon request, the Respondent shall provide two
years audited financial statements, including any notes or supplemental schedules within 2 business
days of the original request.
C. The Respondent shall include in the proposal a list of all litigation the company or its principals have
been involved in within the last three (3) years.
D. Be domiciled in or have a home office inside the United States. Respondents domiciled outside the
United States, or not having a home office inside the United States will not be included for
consideration in this RFP process.
E. The Respondent shall include in their proposal a list of all financial or business -related ties to any and
all software companies that may respond to the solicitation.
3. SUBCONTRACTORS: Respondent shall not subcontract, broker, or otherwise engage subcontractors to
perform required services. The City seeks to do business directly with a company experienced in
providing fire department asset management software.
4. WORKFORCE: Successful Respondent shall:
A. Ensure Respondent's employees perform the services in a timely, professional, and efficient manner.
B. Ensure Respondent's employees, while working on City property, wear a company uniform that
clearly identifies them as the Respondent's employee.
C. Employ all personnel for work in accordance with the requirements set forth by the United States
Department of Labor. The City reserves the right to verify citizenship or right to work in the United
States.
5. PRICING: The Respondent shall determine and submit a fixed cost for the project and shall include all
incidental costs, labor, overhead charges, travel, payroll expenses, freight, equipment acquisition and
maintenance, demurrage, fuel surcharges, delivery charges, costs associated with obtaining permits,
insurance, bonds, and risk management. No separate line -item charges shall be permitted for either
response or invoice purposes.
6. PRICE INCREASE: Contract prices for asset management software shall remain firm throughout the
initial twelve (12) month term of the contract. A price increase to the agreement may be considered on
the anniversary date of the Contract each year and shall be equal to the consumer price index for that
year, but at no time can the increase be greater than 5% for any single line item unless otherwise
approved by the City.
Page 7 of 16
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/Item: 208-55 / 209-56
January 2022
A. Consumer Price Index (CPI): Price adjustments will be made in accordance with the percentage
change in the U.S. Department of Labor Consumer Price Index (CPI-U) for all Urban Consumers.
The price adjustment rate will be determined by comparing the percentage difference between the
CPI in effect for the base year six-month average (January through June OR July through
December); and each (January through June OR July through December six month average)
thereafter. The percentage difference between those two CPI issues will be the price adjustment
rate. No retroactive contract price adjustments will be allowed. The Consumer Price Index (CPI) is
found at the Bureau of Labor Statistics, Consumer Price Index website: http://www.bls.gov/cpi
B. Procedure to Request Increase:
Mail the written price increase request with the rate detail comparison and comprehensive
calculation and any supporting documentation to the designated City Contract Specialist a
minimum of 45 days prior to the annual Contract anniversary date. The detailed written
calculation will be verified and confirmed. All written requests for increases must include the City
of Round Rock contract number, solicitation reference information and contact information for the
authorized representative requesting the increase. Price increase requests shall be sent by mail
to:
City of Round Rock
Purchasing Department
Attn: Contract Specialist
221 E Main Street
Round Rock, TX 79664-5299
ii. Upon receipt of the request, the City reserves the right to accept the escalation and make
changes to the purchase order within 30 days of the request, negotiate with the vendor, or cancel
the agreement or purchase order if an agreement cannot be reached on the value of the
increase.
7. GO -LIVE ACCEPTANCE/INSPECTION: The Contractor shall have a fully operational Go -Live
environment for the City's personnel to review and test no later than 30 days before the expected Go -Live
date. Acceptance/Inspection of the Go -Live environment should not take more than five (5) working days.
The City is not interested in untested, non -released versions of the Respondent's software.
The awarded respondent will be notified within the time frame if the services delivered are not in full
compliance with the specifications. In the event the services are not performed to the satisfaction of the
City the vendor shall agree to reperForm services to specification at no additional cost to the City. If any
agreement or purchase order is cancelled for non -acceptance, the needed services may be purchased
elsewhere.
8. PERFORMANCE REVIEW: The City reserves the right to review the awarded Contractor's performance
anytime during the contract term.
9. POINT OF CONTACT / DESIGNATED REPRESENTATIVE:
A. Contractor's point of contact: In order to maintain consistent standards of quality work performed
across the City, the City shall be provided with a designated and identified point of contact upon
award of the contract to include contact information. The City's designated representative shall be
notified by the Respondent immediately should the point of contact change.
B. The City's designated representative shall be:
Charles Dittman
Assistant Chief
Fire Department
Phone: 512-671-2776
E-mail: cdittman(&-roundrocktexas.- ov
Page 8 of 16
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/item: 208-55 / 209-56
January 2022
10. INTERLOCAL PURCHASING AGREEMENTS:
A. The City has entered into Interlocal Agreements with other Governmental agencies pursuant to the
Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor may agree to
offer the same price and terms and conditions to other eligible agencies that have an interlocal
agreement with the City.
B. The City does not accept any responsibility or liability for the purchases by other government
agencies through an interlocal cooperative agreement.
Page 9 of 16
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/item: 208-55 / 209-56
January 2022
PART IV
SCOPE OF WORK
1. PURPOSE: The City of Round Rock, herein after "the City" seeks proposals from firms experienced in
providing inventory management software for municipal fire departments. The new system will need to
have expansion capabilities to accommodate future municipal growth and is estimated to be implemented
October 1, 2022. The Round Rock Fire Department (RRFD) currently has up to 185 people that will have
access to the system. Of the 185 of users, there will be up to 40 people utilizing the new system at any
given time.
2. BACKGROUND: The RRFD is a career fire department that has 160 uniformed personnel and 25
civilians. Operations are handled out of 9 fire stations, a Training Center, and a Logistics Warehouse. A
vehicle fleet of 11 front line fire apparatuses, a reserve fleet of 5 apparatuses, 30 administrative vehicles.
The Department has five divisions: Suppression, Training, Prevention, Community Risk Reduction, and
Administration. The Department responds to structural, transportation, and wildland fires, Haz-Mat
incidents, technical rescues, Emergency Medical Services (EMS) first response with Basic Life Support
(BLS) and Advanced Life Support (ALS) providers. The Department also does inspections for new and
existing buildings, public education, and arson investigations. The RRFD provides service to the City of
Round Rock as well Williamson County Emergency Services District (ESD) #9, with a total population of
135,000. The RRFD answered 14,000 calls for service in 2020 with approximately 65% of the calls
generating an EMS report and the other 35% generating only a Fire report.
3. GENERAL SOFTWARE AND SERVICE REQUIREMENTS: The proposed software and
services shall -
A. Be fully cloud -based with web access.
B. Have Azure single sign -on capability.
C. Provide implementation of software
D. Provide training and support.
E. Have the ability to transfer inventory from station to station.
F. Have real-time inventory by location, vehicle, bag, compartment, etc.
G. Track and process lost and damaged equipment and document investigation, generate
reports, and requires supervisor approval for replacement order.
H. Allow for monitoring and track the lifespan, serial #, lot #, date of manufacture, issuance
and required cleaning and inspection of bunker gear on schedule. Ability to flag gear as "in
use", "cleaning", etc.
I. Identify location (station, vehicle, etc.)
J. Allow for tracking of removal, disposal, and destruction of Personal Protection Equipment
(PPE), equipment, and capital assets.
K. Have a multi -level approval workflow for orders with graduated criteria (ex. dollar
threshold).
L. Have unlimited number of store locations and inventory entries.
4. DEA AND TEXAS COMMISSION ON FIRE PROTECTION (TCFP) COMPLIANCE: The Contractor
software shall have the ability to:
A. Track narcotics, drugs, medical supplies, and gear with associated expiration dates.
B. Track chain -of -custody to meet Drug Enforcement Agency (DEA) requirements for shift -to -
shift turnover.
C. Provide accurate count of stock on hand by expiration date, if needed (medical, gear,
uniforms, tools, etc.)
5. ALERTS: The Contractor software shall have the following alerting options:
A. When items are within a certain number of days from the expiration date (the City will require
customizable ranges for this data)
Page 10 of 16
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/Item: 208-55 / 209-56
January 2022
B. When any items are ordered on a higher -than -average frequency (the City will provide regular usage
numbers).
C. When items in stores reach blow a specified quantity.
D. Scheduled alerts when gear replacements are due.
6. REPORTING REQUIREMENTS: The software shall -
A. Have a full featured reporting system (custom and canned reports with variables such as: inventory
level, burn rates, medication, equipment expiration, etc.).
B. Inventory reports that can be broken down by vehicle, bag, compartment, etc.
C. Have reports that can be filtered and sorted by lot #, expiration date, location, etc.
D. Purchase History (vendor, cost, counts, make, model, serial #, batch, etc.).
7. PREFERRED SOFTWARE AND SERVICE REQUIREMENTS: As preferred software/services these are
not minimum requirements but are software capabilities that may benefit the City and could include -
A. Ability to track inventory requests against Loss/Damage.
B. Searchability by multiple criteria.
C. Allow for fully customizable daily/weekly/monthly truck check reports.
D. Calculate usage (burn rates).
E. Set limits on certain items (uniforms, station supplies, etc.).
F. Visibility and tracking of requisitions from creation until delivery.
G. Radio Frequency Identification (RFID) or similar technology to assist with truck checks and inventory
control.
H. The ability to connect with an automatic dispensing unit for commonly needed items.
I. Ability to request inventory during truck checks.
J. Ability to request non-standard/ not inventoried items.
K. Ability to integrate with the City's current financial software Tyler Technologies Munis.
L. Ability to log non -inventory events such as filling SCBA bottles, etc.
M. Ability to do inventory forecasting
N. Ability to deactivate store locations
O. Auto re -order based on expiration date
P. Have the ability to pool requests into a single order to reduce the number of orders, shipments and
paperwork.
8. CITY RESPONSIBILITIES: The City will -
A. Provide network connectivity to the internet.
B. Assist with testing.
C. Provide systems to connect to the hosted environment.
D. Be available for city network connectivity troubleshooting.
E. Provide CORR IT personnel to be available for installation and will oversee installation of any
software that they, themselves are not able to install on their own. The CORR IT department will
make the final decision on any software products that are installed or run on CORR Systems.
F. Provide CORR IT department personnel to install the software on individual CORR systems if the
software company that is awarded the contract has a product that needs to be installed on
individual CORR systems.
G. The City shall import all data and define all part numbers for inventory.
H. Require a copy of all documentation.
Page 11 of 16
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/Item: 208-55 / 209-56
January 2022
PART V
PROPOSAL PREPARATION INSTRUCTIONS
AND EVALUATION FACTORS
1. PROPOSAL ACCEPTANCE PERIOD: All proposals are valid for a period of one hundred and twenty
(120) calendar days subsequent to the RFP closing date unless a longer acceptance period is offered in
the proposal.
2. PROPRIETARY INFORMATION: All material submitted to the City becomes public property and is
subject to the Texas Open Records Act upon receipt. If a Proposer does not desire proprietary
information in the proposal to be disclosed, each page must be identified and marked proprietary at time
of submittal. The City will, to the extent allowed by law, endeavor to protect such information from
disclosure. The final decision as to what information must be disclosed, however, lies with the Texas
Attorney General. Failure to identify proprietary information will result in all unmarked sections being
deemed non-proprietary and available upon public request.
3. PROPOSAL PREPARATION COSTS: All costs directly or indirectly related to preparation of a response
io the RFP, or any oral presentation required to supplement and/or clarify a proposal which may be
required by the City shall be the sole responsibility of the Proposer.
4. PROPOSAL RESPONSE: Responses shall be clear and concise and shall include at a minimum: title
page, transmittal letter, index or table of contents, dividers for each section and all required attachments.
One page shall be interpreted as one side of a double-spaced, printed, 8 1 /2" X 11 " sheet of paper. It is
recommended that responses be submitted in a professional, bound format that best contains all required
documentation for submission.
In order to do business with the City of Round Rock you must be registered with the City's Vendor
Database. To register, go to: https://roundrocktxvendors.munisselfservice.com/Vendors/default.aspx
5. PROPOSAL FORMAT: Prefacing the proposal, the Proposer shall provide an Executive Summary of
three (3) pages or less, which gives in brief, concise terms, a summation of the proposal. The proposal
itself shall include a title page, index or table of contents, dividers for each section and all required
attachments and addendums to be organized in the following format by Tab and informational sequence:
A. Tab 1— Business Organization: State full name and address of your organization and identify parent
company if you are a subsidiary. Specify the branch office or other subordinate element which will
perform, or assist in performing, work herein. Indicate whether you operate as a partnership,
corporation, or individual. Include the State in which incorporated or licensed to operate.
B. Tab 2 — Implementation Timeline: Define in detail your understanding of the requirement presented
in the Scope of Work and your timeline for implementing your software at the City. Include such time -
related displays, graphs, and charts as necessary to show tasks, sub -tasks, milestones, and decision
points related to the Scope of Work and your plan for accomplishment.
i. Include the average amount of time it has taken to set up previous clients with your company's
software and
ii. Include the contact information of the personnel assigned to system implementation.
C. Tab 3 — Software System/Program: Describe in detail your software and service capabilities. Provide
details on your software's solutions to the City's requirements and recommended modules. Complete
Attachment C- Asset Management Software Checklist.
D. Tab 4 - Project Management Structure: Provide a general explanation and chart which specifies
project leadership and reporting responsibilities; and interface the team with City project management
and team personnel.
E. Tab 5 - Prior Experience: Describe only relevant municipal, corporate, and individual experience for
personnel who will be actively engaged in the project. Do not include corporate experience unless
personnel assigned to this project actively participated. Do not include experience prior to 2014.
Supply the project title, year, and reference name, title, present address, and phone number of
principal persons for whom prior projects were accomplished.
Page 12 of 16
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/Item: 208-55 / 209-56
January 2022
F. Tab 6 - Personnel: Include names, qualifications, and resumes of all personnel who will be assigned
to the account. State the primary work assigned to each person and the percentage of time each
person will devote to this work. Identify key persons by name and title.
G. Tab 7- Authorized Negotiator: Include the name, email address, and telephone number of the
person(s) in your organization authorized to negotiate Contract terms and render binding decisions on
Contract matters.
H. Tab 8 — Attachments and Addendum: including Attachment A — Proposal Submittal Form and
Execution, Attachment B — Reference Sheet, Attachment C — Asset Management Software Checklist
and signed addendums (if applicable).
I. Tab 9 — Cost Proposal: Information described in the following subsections is required from each
Proposer. Your method of costing may or may not be used but should be described. A firm fixed price
or not -to -exceed Contract is preferred. Itemize the following categories-
i. Manpower
ii. Additional modules offered to the City
iii. Other itemized costs
iv. Implementation cost and recurring costs broken up by year.
v. Travel Expenses- Travel expenses shall be in compliance with City travel policy if applicable.
vi. Total (not to exceed) cost for the entire 60-month period.
J. EXCEPTIONS: Be advised that exceptions to any portion of the Solicitation may jeopardize
acceptance of the Proposal by the City. Exceptions to this solicitation if any, shall be submitted on
a separate sheet labeled "Exceptions" with the Respondent's proposal.
6. EVALUATION CRITERIA: The intent of the City is to award to one Respondent in accordance with the
evaluation criteria below. The purpose of this evaluation criteria is to determine which proposal best
meets the requirements and provides the best overall value to the City.
A. Evaluation Criteria:
Weights:
• Respondent's Program, Approach, and Timeline (Tabs 2 & 3) 60 pts
• Individual and Company Work Experience (Tabs 5 & 6) 20 pts
• Cost Proposal (Tab 9) 20 pts
Maximum Weight:
100 pts
B. An evaluation committee will be established to evaluate the proposal. The committee will include
employees of the City and may include other impartial individuals who are not City employees. The
evaluation committee will determine if discussions and/or Best and Final Offers (BAFO) are
necessary. Award of a contract may be made without discussions or BAFO, if in the best interest of
the City. The evaluation committee may determine that discussions are necessary to clarify or verify
a written proposal response. The City may, at its discretion, elect to have respondents provide oral
presentations of their proposal. The City reserves the right to rescore an offer based on provided
demonstrations. A request for a BAFO is at the sole discretion of the City and will be requested in
writing. The evaluation committee will evaluate the finalists and make a recommendation for award.
C. The City reserves the right to reject any or all proposals submitted, or to award to the respondent who
in the City's opinion, offers the best value to the City. The City also reserves the right to cancel the
RFP process and pursue alternate methods for providing the requirements.
D. The City reserves the right to conduct studies and other investigations as necessary to evaluate any
proposal.
E. The City reserves the right to waive any minor technicality, irregularities, or informalities noted
in the submission process. Submission of proposal confers no legal rights upon any
Respondent.
F. The City reserves the right to request further documentation or information and to discuss proposal
response with any Respondent in order to answer questions or to clarify any aspects of the proposal.
G. The City may develop a "short list" of qualified proposal and may determine that the
Respondent(s) should submit a Best and Final Offer (BAFO). Each "short listed" Respondent will be
given a reasonable opportunity for discussion and revision of their proposal.
Page 13 of 16
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/Item: 208-55 / 209-56
January 2022
7. AGREEMENT NEGOTIATIONS AND AWARD PROCESS:
A. A proposal presented in response to this RFP is subject to negotiation concerning any issues
deemed relevant by the City. The City reserves the right to negotiate any issue with any party. Any
unsolicited communication by the Respondent to a City official, undesignated employee, or an
evaluation team member evaluating or considering the offers may be grounds for disqualifying the
offending Offeror from consideration of award.
B. Submission of proposal indicates the Respondent's acceptance of the evaluation process and
recognition that the City may make subjective judgments in evaluating the proposal to determine the
best value for the City.
C. If negotiations are successful, the City and Respondent may enter into an agreement.
D. If negotiations are unsuccessful, the City may formally end negotiations with that Respondent. The
City may then:
i. Select the next most highly qualified Respondent and attempt to negotiate an agreement at fair
and reasonable terms, conditions, and cost with that Respondent.
ii. The City shall continue this process until an agreement is entered into or all negotiations are
terminated.
E. The City also reserves the right to reject any or all submittals, or to accept any submittal deemed
most advantageous, or to waive any irregularities or informalities in the submittal received.
F. An independent signed authorized contract will be sent to the successful Respondent. Execution of a
City of Round Rock contract is required prior to starting work and processing any payments to the
awarded Respondent.
8. POST AWARD MEETING: The City and the Respondent may schedule a post award meeting to discuss,
but not be limited to the following:
A. Provide City contact(s) information for implementation of the Agreement.
B. Identify specific milestones, goals, and strategies to meet objectives.
Page 14 of 16
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/Item : 208-551209-56
January 2022
ATTACHMENT A
PROPOSAL SUBMITTAL FORM AND EXECUTION
NOTE. RESPONDENTS SHALL COMPLETE, SIGN, AND RETURN THIS A TTA CHME rT Wl TH THEIR
PROPOSAL. FAILURE TO DO SO WILL RESULT1N DISQUALIFICA77ON OF THE PROPOSAL.
By signature hereon, the Respondent certifies that:
All statements and information prepared and submitted in the response to this RFP are current, complete,
and accurate.
He/she has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity,
future employment, gift, loan gratuity, special discount, trip, favor, or service to a City employee, evaluator,
or evaluating entity in connection with the submitted response. Failure to sign the Execution of Proposal
or signing it with a false statement shall void the submitted offer or any resulting contracts.
Respondent represents and warrants that the individual signing this Execution of Proposal is authorized
to sign this document on behalf of the Respondent and to bind the Respondent under any contract
resulting from this request for proposals.
RESPONDENT (COMPANY): ,EMS Technology Solutions, LLC. dba Operative IQ
SIGNATURE (IN INK):
NAME (TYPEDIPRINTED) Laura Martin
TITLE: Director of Sales
STREET: 3781 Tramore Pointe Pkwy
CITY/STATEOP: Austell, GA 30106,
DATE: 211 112022
TELEPHONE AND FACSIMILE NO.: _Phone: 678-666-6774 Fax: 404-424-9401
E-MAIL ADDRESS: �laura@operativeiq.corn
FEDERAL TAX IDENTIFICATION NUMBER (FIN): �26-1671889.
By submitting a response to this solicitation, the Respondent agrees that the City's Definitions and Standard
Terms and Conditions, in effect at the time of release of the solicitation, shall govern unless specifically
provided otherwise in a separate agreement or on the face of a purchase order. In addition, the
Supplemental Terms and Conditions listed in Section III, shall also be enforced as part of the contract, and
can be obtained from the City's website at: hops://www.roundrocktexas.gov/city-businesses/solicitations/
Page 15 of 16
Exhibit "A"
City of Round Rock
Asset & Inventory Management Software
RFP No. 22-006
Class/Item: 208-55 / 209-56
January 2022
ATTACHMENT B
REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER:22-nnA
RESPONDENT'S NAME: Operative IQ - Laura Martin DATE: 2.11.2022
Provide the name, address, telephone number and E-MAIL of at least three (3) valid Municipal, Government
agencies or firms of comparable size that have utilized services that are similar in type and capacity within the
last two (2) years. City of Round Rock references are not applicable. References may be checked prior to
award. If references cannot be confirmed or if any negative responses are received it may result in the
disqualification of submittal.
1. Company's Name
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State, Zip Code
Telephone Number
2. Company's Name
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State, Zip Code
Telephone Number
3. Company's Name
Name of Contact
Title of Contact
E-Mail Address
Present Address
City, State, Zip Code
Telephone Number
Buda Fire Department
Sant Schuleman
EMS Division Chief
sschuleman@budafire.org
209 FM 2770
Buda, Texas 78610
( 512 } 295-2232 Fax Number: ( }
Monroe County Fire Rescue
Mark Thompson
Battalion Chief
thompson-mark a@monroecounty fl.gov
490 64rd Street ocean Suite #160
Marathon, FL 33050
( 05 } 289-6004 Fax Number: ( }
Shelbyville Fire Department
Danny Marcum
Deputy Chief
dmarcum@cityofshelbyvillein.com
40 W. Broadway St.
Shelbyville, IN 46176
(317 392-5119 Fax Number: ( }
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Page 16 of 16
Exhibit "A"
ATTACHMENT C —
ASSET MANAGEMENT SOFTWARE CHECKLIST
GENERAL SOFTWARE AND SERVICE REQUIREMENTS:
GENERAL:
YES
NO
COMMENTS
Be fully cloud -based with web access.
x
Operative IQ is a SaaS system
Operative IQ offers integration
Azure single sign -on capability
x
with Azure Single Sign On,
which is included in the quote.
Operative IQ offers training
Provide implementation of software
x
and implementation services,
see tab 2 and quote for more
details.
Operative IQ offers training via
training packages for
Provide training and support
x
purchase. Phone and email
support is available at no
charge to all customers.
The Inventory and Asset
Management module allows
for creation of unlimited supply
rooms to represent stations.
The Transfer Inventory
function allows you to move
Have the ability to transfer inventory from station to station
x
inventory from supply room to
supply room, and even has an
auto suggest button that
recommends the items and
quantities needed to get the
receiving supply room back to
par level for all items.
Inventory can be tracked in
supply rooms, as well as the
compartments/bags inside of
Have real-time inventory by location, vehicle, bag, compartment,
vehicle units. Assets can be
etc.
x
checked out to people or
vehicle units. This information
can be seen live in the system
or in detailed/summary views
in reporting.
The combination of Asset
Management and Service
Desk will allow you to
accomplish this. Full detailed
records of each asset contain
basic information on the asset,
and also allow you to record
PM's, repairs and other
Track and process lost and damaged equipment and document
documentation. Service Desk
investigation, measures and requires supervisor approval for
x
module will allow users to
notify and have two way
replacement order.
communication to report
equipment issues such as
when lost or damaged and
even upload
attachments/photos. Within
Service Desk ticket, the
assigned agent can record
details of investigation and
resolution.
Exhibit "A"
ATTACHMENT C —
ASSET MANAGEMENT SOFTWARE CHECKLIST
Full detailed records of each
asset contain basic information
on the asset such as serial
number, date of manufacture,
Allow for monitoring and track the lifespan, serial #, lot #, date of
etc, create PM schedules and
manufacture, issuance and required cleaning and inspection of
even create custom fields to
bunker gear on schedule. Ability to flag gear as in use, cleaning
x
suit CORR needs. Asset
etc.
Management also allows you
to check out assets to crew or
units, and record PM's,
repairs, and other
documentation.
Assets can be checked out to
Identify location station, vehicle, etc.
( )
x
crew or units, with the ability
for that person/unit to verify
they have the asset.
Allow for trackingof removal, disposal, and destruction of
p
Asset Management provides
clients functions to accomplishfull
Personal Protection Equipment (PPE), equipment, and capital
x
tracking on PPE,
assets.
equipment and capital assets.
Have a multi -level approval workflow for orders with graduated
pp g
x
Operative IQ allows for supply
room PO approvers based ondollar
criteria (ex. dollar threshold).
amount thresholds
Operative IQ allows clients to
Have unlimited number of store locations and inventory entries.
x
create an unlimited number of
supply rooms.
b �
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Track narcotics, drugs, medical supplies, and gear with expiration
dates.
S
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Operative IQ allows you tox track expiration dates on those
items.
The Narcotics Tracking
module of Operative IQ
Track chain -of -custody to meet Drug Enforcement Agency (DEA)
provides electronic chain of
requirements for shift -to -shift turnover.
x
custody logging for controlled
substances to meet DEA
requirements.
Items you choose to track
Provide accurate count of stock on hand by expiration date, if
expiration dates on can be
needed (medical, gear, uniforms, tools, etc.)
x
filtered by date both in the
system itself and in reporting.
\N p
a
This can be accomplished
through reporting in Operative
IQ where you can setup
When items are within 45 days of expiration date (w/
g y p
x
reports to auto email, based
customizable ranges)
on report filters to show and
alert users of specific
information.
This can be accomplished
through reporting in Operative
When any items are ordered on a higher -than -average frequency
x
IQ where you can setup
reports to auto email, based
on report filters to show and
Page 2 of 5
Exhibit "A"
ATTACHMENT C —
ASSET MANAGEMENT SOFTWARE CHECKLIST
alert users of specific
information.
This can be accomplished
through reporting in Operative
IQ where you can setup
When items in stores reach blow a specified quantity
x
reports to auto email, based
on report filters to show and
alert users of specific
information.
This can be accomplished
through reporting in Operative
IQ where you can setup
Scheduled alerts when gear replacements are due
x
reports to auto email, based
on report filters to show and
alert users of specific
information.
REPORTING:
YES
NO
COMMENTS
Operative IQ reporting is very
robust, offering the ability to
Full featured reporting system (custom and canned reports with
create custom reports and a
variables such as: inventory level, burn rates, medication,
x
report library of canned
equipment expiration, etc.).
reports, with the ability to add
or change fields and filters
easily.
Operative IQ reporting is very
robust, offering the ability to
Inventory reports that can be broken down by vehicle, bag,
x
create custom reports and a
report library of canned
compartment, etc.
reports, with the ability to add
or change fields and filters
easily.
Operative IQ reporting is very
robust, offering the ability to
Reports that can be filtered and sorted by lot #, expiration date,
x
create custom reports and a
report library of canned
location, etc.
reports, with the ability to add
or change fields and filters
easily.
Operative IQ reporting is very
robust, offering the ability to
Purchase History (vendor, cost, counts, make, model, serial #,
x
create custom reports and a
report library of canned
batch, etc.).
reports, with the ability to add
or change fields and filters
easily.
PREFERRED SOFTWARE AND SERVICE REQUIREMENTS:
YES
NO
COMMENTS
This can be done through
cycle counting to report an
Ability to track inventory requests against Loss/Damage.
x
adjustment of inventory
quantity, which has a
comments field to capture a
reason if necessary.
Searchability by multiple criteria.
x
Most areas of Operative IQ
allows for searches with more
Page 3 of 5
Exhibit "A"
ATTACHMENT C —
ASSET MANAGEMENT SOFTWARE CHECKLIST
than one data point, such as
Part UPC or Part Number,
OR for assets Serial number
or Asset Tag number.
The Operative IQ check sheet
called Front Line allows
clients to setup inventory
cabinets, setup asset class
Allow for fully customizable daily/weekly/monthly truck check
requirements by unit type and
reports
x
questionnaires.
Questionnaires can be
scheduled on
daily/weekly/monthly
schedules.
Operative IQ can do this both
in reporting, as well as in the
Inventory Levels Tool, which
Calculate . usage burn rates
g ( )
x
is intended to analyze usage
to help recommend
appropriate par level/reorder
points based on the true
usage.
In Operative IQ you can use
Requisitions to allow specific
groups of users to request
items. These can be setup to
uniforms, station supplies, etc.
Set limits on certain items ( pp �
x
limit both the list of items and
the quantity being requested,
as well as limiting certain
requisitions to certain "role
securities" (type of user) in
the system.
Requisitions can be setup in
Operative IQ to create lists for
users to request, with quantity
Visibility and tracking of requisitions from creation until delivery.
x
limits per item. Visibility into
requisitions is possible for the
requestor as well as the
supply room fulfilling it.
Operative IQ offers a variety
of integrated RFID solutions
to automate otherwise
manual processes for
inventory control and truck
checks, including fixed
RFID or similar technology to assist with truck checks and
readers to constantly monitor
inventory control.
x
a safe, supply room or unit,
as well as Handheld RFID to
do intentional audits of units
and supply rooms. Handheld
RFID readers make cycle
counting and truck checks
more efficient and accurate.
Operative IQ has integration
with both Ucapit and Apex
The ability to connect with an automatic dispensing unit for
vending machines. Note the
commonly needed items.
x
Apex integration only works
with machines purchased
through Life -Assist. -
Page 4 of 5
Exhibit "A"
ATTACHMENT C —
ASSET MANAGEMENT SOFTWARE CHECKLIST
Operative IQ Front Line is a
Abilityto request inventory during truck checks.
q ry g
x
platform for crew to inspect
unit inventory and request
items for restock.
The Service Desk module of
Abilityto re non-standard/ not inventoried items.
request q
x
Operative IQ can be used to
request non-standard or non -
inventoried items.
Operative IQ's Professional
Services includes custom
Ability to integrate with the City's current financial software Tyler
integratoin projects to help
Technologies Munis.
x
pass data between Operative
IQ and Tyler Munis. See Tab
3 for more information.
Assets can have events
logged such as filling SCBA
Ability to log non -inventory events such as filling SCBA bottles,
bottles, repairs and PM's
etc.
x
under the Record
Maintenance section of the
asset record.
The Operative IQ Inventory
Levels Tool, which analyzes
historical (anywhere from 4-
Abilityto do inventory forecasting
ry g
x
52 weeks) usage to help
forecast/recommend
appropriate par level/reorder
points based on the true
usage
Abilityto deactivate store locations
x
Supply rooms can be
disabled
There is a system setting in
Operative IQ to include
Auto re -order based on expiration date
x
expired items on Purchase
Orders list of recommended
items to order.
This can easily be done with
items to a single vendor.
Each Purchase Order in
Have the abilityto pool requests into a single order to reduce the
p q g
x
Operative IQ is to only one
supplier. There is a systemsetting
number of orders, shipments and paperwork.
for PO's to auto create
PO drafts if items needing
replenishing are from multiple
vendors.
Page 5 of 5
Exhibit "A"
EMS Technology Solutions, LLC Attachment D -
3781 Tramore Pointe Pkwy Cost Proposal
Austell, GA 30106 OPERnTIU1
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
Quotation
Quote ID 61777
Date May 5, 2022
Expiration August 1, 2022
Client URL
Quotation For
City of Round Rock Fire Department
203 Commerce Blvd.
Round Rock, Texas 78664
512-341-3310
Prepared By Laura Martin
Regional Sales Director
(678) 566-6774
laura@operativeiq.com
W.
Inventory and Asset Management License IQ10018
16.00
$32.00
$512.00
$6,144.00
Narcotics Tracking Safe License - Enterprise 5
IQ10724
1.00
$300.00
$300.00
$3,600.00
Fleet Management License
IQ10002
30.00
$12.00
$360.00
$4,320.00
Sandbox Environment
IQ10183
1.00
$150.00
$150.00
$1,800.00
Service Desk Department License - Enterprise 10
IQ10719
1.00
$200.00
$200.00
$2,400.00
Subtotal $18,264.00
Subtotal $17,000.00
Subtotal $1,800.00
City of Round Rock Fire Department Quotation 61777
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPIRRTIU1 10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
Zebra Narcotics Tracking Label Kit (2,102 labels)
IQ10145
1.00
$60.00
$60.00
- Hot Pink
Zebra Narcotics Tracking Label Kit (2,102 labels)
IQ10096
1.00
$60.00
$60.00
- Green
Subtotal $1,715.00
Thank you for choosing Operative IQ. We appreciate your business.
Total $38,779.00
Comments or Special Instructions
Licensing Agreement
1. Scope: EMS Technology Solutions will provide City of Round Rock Fire Department, a private, public, or collective entity (the
"Customer") access to Operative IQ management software as a service (the "Service"). The terms and conditions held within (the
"Agreement") represent the terms and conditions under which EMS Technology Solutions will grant licenses to Customer for the
Service. This Agreement shall begin on the signed Agreement date and maintain for the term of five (5) years (the "Term"). The
Customer may terminate the Agreement without penalty anytime during the Term contingent on a thirty (30) day written notice
informing EMS Technology Solutions of intent. EMS Technology Solutions and the Customer shall sometimes be individually
referred to as a "Party" and sometimes collectively referred to as the "Parties."
This Agreement along with the attached Quote sets forth the Services to be provided by EMS Technology Solutions and is hereby
incorporated into and made an integral part of the Agreement between EMS Technology Solutions and Customer.
2. Grant of Exclusive License: Subject to the terms and conditions of this Agreement, EMS Technology Solutions hereby grants to
Customer irrevocable use of the Service during the aforementioned Term. Customer acknowledges that the Operative IQ
management software, including all aspects of the system and software, all supporting documentation, all versions, improvements,
and developments however derived; all marks used therewith; and all intellectual property rights associated with any of the
foregoing, are the property of EMS Technology Solutions and that EMS Technology Solutions holds all related patent, trademark,
copyright, or trade secret interests therein. Customer further acknowledges that the Operative IQ management software, including
the software and supporting documentation, is treated by EMS Technology Solutions as its secret and proprietary information of
substantial value, and Customer shall treat such information so received in confidence and shall not use, copy, disclose, reverse
engineer nor permit any Licensee Personnel or any other person or entity to use, copy, disclose, or reverse engineer the same for
any purpose that is not specifically authorized under this Agreement.
3. Product Service Fees: Requested Payment Terms and quantity of licenses specific to each Service ("Service License") shall be as
specified on the Quote. Customer holds option of Service License Requested Payment Term of annual, quarterly, monthly which is
to be identified on Agreement. Requested Payment Term will be annual in the event of failure of Customer to identify. In the event
of Agreement termination prior to the end of a Term, the Service License will be prorated to reflect the number of months remaining
in the final Term.
Quantity of Licenses may be increased or decreased without penalty. Minimum license requirements may apply based on the
Service selected. Changes to the Service and equipment may be made at any time by contacting EMS Technology Solutions. Any
additional Service may be added at any subsequent date by agreement of both EMS Technology Solutions and Customer. Any
changes to the Service and equipment provided will be governed by this Agreement unless a new agreement is requested in
writing.
Custom RFID Solutions or IT Professional Services Terms are 50% down to commence production, 50% upon delivery. A non -
cancellable purchase order will be required.
4. Taxes: Prices stated do not include any sales, use, or excise tax or any other tax, duty or charge which is now in effect or may be
hereafter imposed by any Federal, State, or other authority. All such taxes, duties or other charges shall be assessed and paid by
Customer at the time of invoicing unless Customer shall provide Seller an exemption certificate acceptable to the appropriate
authorities.
5. Professional Services: Professional Services shall be as specified on the Quote and payable upon receipt. Professional Services
may include setup expenses, traditional remote training, onsite professional services, remote optimization services or custom
systems integration and development. Traditional training includes dedicated time for Customer operations administrators with an
EMS Technology Solutions Implementation Manager to complete interactive training online via GoToMeeting webinars. Onsite
City of Round Rock Fire Department Quotation 61777
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTIUE .10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
Professional Services include travel expenses within the continental United States. International, Hawaii and Alaska travel
expenses are not included and will be invoiced upon completion of travel. Training packages will have a fixed duration. It is the
client's responsibility for scheduling training sessions during this time with an Implementation Manager. Unused training time will
not be refunded.
6. Enterprise Professional Hours — Certain Enterprise level contracts may include complimentary professional service hours.
Enterprise level accounts may need to integrate Operative IQ with existing business software (e.g., Oracle, NetSuite, HR
Programs, etc.) and these hours can be used towards those IT projects. Professional service hours can also be used for additional
training if needed; these additional training hours would be outside of the initial training package purchased in the contract.
Professional service hours are allotted annually at the contract date and cannot be banked or rolled over each year and are
provided up to the specified amount in the contract. Should additional hours be needed for an integration project, the time and cost
difference will be generated as a separate quote. Additional training can be purchased at any time.
7. Technical Support: EMS Technology Solutions will provide application support and hosting as well as database management
services for the Service on our application servers. EMS Technology Solutions will provide on -going technical and non -technical
support for application users as part of the Service License. Maintenance upgrades to the Service that are relevant to all
customers will be provided at no additional charge.
8. Data Security: EMS Technology Solutions uses a Disaster Recovery as a Service (DRAAS) solution to replicate data to a
secondary datacenter for use in the event of a disaster. Local data backups are performed daily. Alert Logic Threat Manager is
and Data Center Security are in place to further protect the computing environment and Customer data. Ownership of the data
remains under the jurisdiction of the Customer.
9. Equipment: Customer may purchase equipment including RFID Readers, Barcode Printers, Barcode Readers, Biometric Readers,
and Consumables as needed to operate the Service. Prices for equipment shall be specified on the agreement. Equipment
invoices shall be payable upon receipt.
10. Warranties: Equipment sold by EMS Technology Solutions carry only those warranties specified for them by their manufacturers.
The duration of the warranty shall extend for the length of time set by the manufacturer. As to such equipment there are no other
expressed or implied warranties, including any warranty of merchantability or fitness for a particular purpose. If there is a breach or
violation of any such warranties EMS Technology Solutions shall hold option, to repair or replace the equipment. EMS Technology
Solutions shall not be liable for punitive, special, proximate, incidental, consequential, or exemplary damages including loss of
profits. Notwithstanding this warranty, Customer shall be responsible for all regular service and maintenance of equipment. In no
event will EMS Technology Solutions be liable for any damages or nonconformity of equipment to the extent caused either directly
or indirectly by Customer or its designated representatives, employees, contractors, or agents.
11. Indemnity: EMS Technology Solutions shall defend, indemnify and hold harmless Customer, and its elected officials, directors,
officers and employees, from any claims, losses, damages, penalties, judgments and liabilities, including all reasonable related
costs and expenses, arising in connection with any action or claim that the Service infringes or misappropriates any patent,
copyright, trade secret or other intellectual property right, including any third party intellectual property right.
12. Force Majeure: In the event that either Party is prevented from performing or is unable to perform any of its obligations under this
Agreement (other than payment of amounts due hereunder) due to any Act of God, fire, casualty, flood, war, strike, lockout,
epidemic, destruction of facilities, riot, insurrection, or any other cause beyond the reasonable control of the Party invoking this
Section, such party's performance shall be excused and the time for the performance shall be extended for the period of the delay
or inability to perform due to such occurrences.
13. Confidentiality: Neither Party may disclose Confidential Information (as hereinafter defined) of the other Party to a third party
without the prior written consent of the other, except as required by law, pursuant to a valid order or directive of a court or other
governmental body, agency, department, or entity of the United States, any State, or any political subdivision of either the United
States or any State, or in response to a subpoena (or similar instrument) issued in connection with an administrative or judicial
proceeding, or as necessary to perform its obligations or to enforce its rights or establish obligations under this Agreement.
Notwithstanding the forgoing; EMS Technology Solutions may, subject to Customer's prior written consent, use certain Customer
information as input data in a database where Customer's identity shall be kept anonymous. Neither Party will make any press
release or other public announcement regarding this Agreement without the other Party's prior written consent except as required
under applicable law or by any governmental agency. Subject to the provisions of this section, Customer shall maintain the
confidentiality of all source materials and other sensitive information regarding software functionality. The recipient of Confidential
Information shall give prompt notice to the other Party of an order, directive, or subpoena prior to disclosure so that an appropriate
protective order or other action regarding such disclosure can be sought.
For purposes hereof, "Confidential Information" means all confidential and propriety information of a Party ("Disclosing Party")
disclosed to the other Party ("Receiving Party"), whether orally or in writing (and if disclosed orally, promptly confirmed in writing
thereafter), that is designated and clearly identified as confidential, and for purposes hereof Confidential Information includes all
City of Round Rock Fire Department Quotation 61777
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTIUE '...10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
Customer data. Confidential Information (except for Customer data) shall not include any information that: (i) is or becomes
generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party
prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently
developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third
party without breach of any obligation owed to the Disclosing Party.
The obligations of the Parties with respect to Confidential Information shall survive the expiration or termination of this Agreement.
14. Miscellaneous: Both Parties shall comply with all laws, rules, and regulations applicable to this Agreement. All purchases under this
Agreement are for Customers "own use" as to not be shared with separate entities, such term is defined in judicial or legislative
interpretation. This Agreement is the entire agreement between the parties with regard to the subject matter of this Agreement. No
amendment of the terms of this Agreement will be binding on either Party unless reduced to writing and signed by an authorized
employee of the Party to be bound.
15. Termination: Either Party may terminate this Agreement at any time with or without cause for any reason or for no reason by giving
the other Party at least thirty (30) days prior written notice. In addition, EMS Technology Solutions may terminate this Agreement
by written notice to the Customer if the license fee due hereunder is not timely paid and such non-payment is not cured within 90-
days from the due date. Notwithstanding the foregoing, however, each Party reserves the right to terminate this Agreement if: (a)
the other Party ceases to function as a going concern in the normal course of business; or (b) the other Party commits or suffers
any act of bankruptcy or insolvency. If this Agreement for service is terminated for any reason, Customer will be provided access to
a backup of the Customer's data. EMS Technology Solutions will retain a copy of Customer's data for up to one (1) year from date
of termination.
16. Relationship of Parties: Each Party is an independent contractor of the other. Neither Party shall be the legal agent of the other for
any purpose whatsoever and therefore has no right or authority to make or underwrite any promise, warranty, or representation, to
execute any Agreement, or otherwise to assume any obligation or responsibility in the name of or on behalf of the other Party,
except to the extent specifically authorized in writing by the other Party.
17. Assignment: This Agreement and the rights and obligations hereunder shall be binding upon and inure to the benefit of the Parties
hereto and their respective successors and assigns; provided that no assignment, sale or other assignment of this Agreement can
occur unless either (a) the transfer occurs by way of merger, reorganization, consolidation, amalgamation, or as part of a transfer of
all or substantially all of the assigning Party's assets, or (b) the non -transferring Party consents to the transfer. In the event of such
a transfer, the transferring Party agrees to secure consent from the transferee that it will assume and perform all obligations of the
transferring Party under this Agreement. Customer or EMS Technology Solutions shall give the other written notice of any
anticipated assignment of the Agreement as soon as administratively practicable after such information may first be made public.
18. Notices: All notices or other communications that are required or permitted hereunder shall be in writing and delivered personally,
sent by facsimile (and such facsimile must be promptly confirmed by personal delivery, registered or certified mail or overnight
courier as provided herein), sent by nationally -recognized overnight courier or sent by registered or certified United States mail,
postage prepaid, return receipt requested, to the addresses first specified hereinabove, or to such other address as the Party to
whom notice is to be given may have furnished to the other Party in writing in accordance herewith, to the attention of the Chief
Executive Officer. For purposes hereof, notice or other communications shall be deemed to have been given, delivered, or provided
(i) if delivered personally, at the time of delivery, (ii) if sent by facsimile, at the time the confirmation of such facsimile
(whether by personal delivery, registered or certified mail, or overnight courier) is given or provided, (iii) if sent by nationally -
recognized overnight courier, at the time of delivery by the courier, or (iv) if sent by registered or certified mail, postage prepaid,
return receipt requested, 72 hours after deposit in the United States mail.
19. Headings: The headings of this Agreement are for convenience only and shall not affect the meaning of the terms of this
Agreement.
20. Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas,
excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to
the substantive law of another jurisdiction. The parties agree that the enforcement of any provision of this Agreement shall be
brought solely in the courts of Williamson County, Texas.
21. Severability: If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future law, and if
the rights or obligations of either Party under this Agreement will not be materially and adversely affected thereby such provision
shall be fully severable and the remaining provisions of this Agreement shall remain in full force and effect to the fullest extent
permitted by applicable law, each Party hereby waives any provision of law that would render any provision prohibited or
unenforceable in any respect.
22. Waiver: The failure of either Party to assert a right hereunder or to insist upon compliance with any term or condition of this
Agreement shall not constitute a waiver of that right or insistence or excuse a similar subsequent failure to perform any such term
City of Round Rock Fire Department Quotation 61777
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTIUE 10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
or condition by the other Party. This Agreement and all of its provisions are solely for the benefit of the Parties hereto and do not
and are not intended to create or grant any rights, contractual or otherwise, to any third person or entity.
23. Signed Agreements: Signed Agreements must be received prior to the quote expiration date.
City of Round Rock Fire Department Quotation 61777
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTIUE 1i 10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
Quotation Summary
._._._.W._..____...._.._._.,....._�....__.__. __ �_w...._ _...m...�.,..� �_..__.__._.........�... , _..w... ___._...._.....W..............
.._.__.....__,.-.-_.—_.,.,__..._m......._.-.........._.-,......."_-._...._.....__........._.._..-.......__....W_.-...._......__........._..........-._.W.._.._..._........_.�__..._.....,._.....__ _ .......__...._......,......__._ __._...._t
Quote ID: 61777 Prepared By: Laura Martin
Date: May 5, 2022 Regional Sales Director
Expiration: August 1, 2022 (678) 566-6774
Client URL: laura@operativeiq.com
Amount: $38,779.00
t
...._w__.....__.._........... .......m......_-....,__......_._......__...._... ....... _..... ......_........... _......,.._...._......_.._ ._.. _
Accounting Information
Bill To Ship To
City of Round Rock Fire Department
203 Commerce Blvd.
Round Rock, Texas 78664
512-341-3310
City of Round Rock Fire Department
203 Commerce Blvd.
Round Rock, Texas 78664
Accounting Email
EMS Technology Solutions, LLC sends electronic invoices for payment therefore a business email is reQuired. If one is
not listed below, please indicate the best email for your accounting department. Avoid using personal emails. Select
whether your company should be tax exempt.
Tax Exempt [ ]
Payment Terms
[X] Annual, Net 45 [ ] Quarterly, Net 30 [ ] Monthly, Net 15
Purchase Order
[ ] Purchase Order Not Required
[ ] Purchase Order Required PO Number:
Existing Customers
Select the appropriate option below for existing customers adding services.
[ ] Invoice separately from my other services [ ] Invoice along with my other services
Acceptance of Quotation
City of Round Rock Fire Department Quotation 61777
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPIRRTIU1 10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
IN WITNESS WHEREOF, the person signing below represents and warrants that she or he has the authority to bind City
of Round Rock Fire Department and execute the terms of this agreement.
Signature
Name
Title
Date
Agreements can be Signed Electronically
or Faxed to (404) 424-9401
Attn: Laura Martin
City of Round Rock Fire Department Quotation 61777
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTI UIE 10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
Standard Equipment Options
Standard Equipment can be ordered at any time by using the Operative IQ Integrated Supplier option from your
Purchasing Module or by sending a Purchase Order to your Account Manager. Below is a list of equipment categories we
offer. For details, pricing, or custom RFID Solutions, tracking tags or equipment please contact your Account Manager.
Prices are subject to change. All equipment offered is tested for use with the Operative IQ system.
✓ BARCODE PRINTERS AND READERS
✓ BARCODE LABELS AND SEALS
✓ KOAMTAC BARCODE READERS AND CASES
✓ RFID EQUIPMENT
✓ RFID TAGS AND SEALS
✓ BIOMETRIC FINGERPRINT READERS
✓ GEOTAB FLEET TELEMATICS
✓ VEHICLE CAMERAS
*For faster ordering use the Operative IQ Integrated Supplier from your Purchasing module. *
City of Round Rock Fire Department Quotation 61777
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC 1,
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTIUE
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
Quotation
Quote ID 62190
Date May 5, 2022
Expiration August 1, 2022
Client URL
Quotation For
City of Round Rock Fire Department
203 Commerce Blvd.
Round Rock, Texas 78664
512-341-3310
Prepared By Laura Martin
Regional Sales Director
(678) 566-6774
laura@operativeiq.com
Subtotal $1,800.00
Subtotal $22,400.00
Subtotal $750.00
Thank you for choosing Operative IQ. We appreciate your business.
Total $24,950.00
Comments or Special Instructions
Licensing Agreement
1. Scope: EMS Technology Solutions will provide City of Round Rock Fire Department, a private, public, or collective entity (the
"Customer") access to Operative IQ management software as a service (the "Service"). The terms and conditions held within (the
"Agreement") represent the terms and conditions under which EMS Technology Solutions will grant licenses to Customer for the
Service. This Agreement shall begin on the signed Agreement date and maintain for the term of five (5) years (the "Term").
City of Round Rock Fire Department Quotation 62190
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTIUE 10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
The Customer may terminate the Agreement without penalty anytime during the Term contingent on a thirty (30) day written notice
informing EMS Technology Solutions of intent. EMS Technology Solutions and the Customer shall sometimes be individually
referred to as a "Party" and sometimes collectively referred to as the "Parties."
This Agreement along with the attached Quote sets forth the Services to be provided by EMS Technology Solutions and is hereby
incorporated into and made an integral part of the Agreement between EMS Technology Solutions and Customer.
2. Grant of Exclusive License: Subject to the terms and conditions of this Agreement, EMS Technology Solutions hereby grants to
Customer irrevocable use of the Service during the aforementioned Term. Customer acknowledges that the Operative IQ
management software, including all aspects of the system and software, all supporting documentation, all versions, improvements,
and developments however derived; all marks used therewith; and all intellectual property rights associated with any of the
foregoing, are the property of EMS Technology Solutions and that EMS Technology Solutions holds all related patent, trademark,
copyright, or trade secret interests therein. Customer further acknowledges that the operative IQ management software, including
the software and supporting documentation, is treated by EMS Technology Solutions as its secret and proprietary information of
substantial value, and Customer shall treat such information so received in confidence and shall not use, copy, disclose, reverse
engineer nor permit any Licensee Personnel or any other person or entity to use, copy, disclose, or reverse engineer the same for
any purpose that is not specifically authorized under this Agreement.
3. Product Service Fees: Requested Payment Terms and quantity of licenses specific to each Service ("Service License") shall be as
specified on the Quote. Customer holds option of Service License Requested Payment Term of annual, quarterly, monthly which is
to be identified on Agreement. Requested Payment Term will be annual in the event of failure of Customer to identify. In the event
of Agreement termination prior to the end of a Term, the Service License will be prorated to reflect the number of months remaining
in the final Term.
Quantity of Licenses may be increased or decreased without penalty. Minimum license requirements may apply based on the
Service selected. Changes to the Service and equipment may be made at any time by contacting EMS Technology Solutions. Any
additional Service may be added at any subsequent date by agreement of both EMS Technology Solutions and Customer. Any
changes to the Service and equipment provided will be governed by this Agreement unless a new agreement is requested in
writing.
Custom RFID Solutions or IT Professional Services Terms are 50% down to commence production, 50% upon delivery. A non -
cancellable purchase order will be required.
4. Taxes: Prices stated do not include any sales, use, or excise tax or any other tax, duty or charge which is now in effect or may be
hereafter imposed by any Federal, State, or other authority. All such taxes, duties or other charges shall be assessed and paid by
Customer at the time of invoicing unless Customer shall provide Seller an exemption certificate acceptable to the appropriate
authorities.
5. Professional Services: Professional Services shall be as specified on the Quote and payable upon receipt. Professional Services
may include setup expenses, traditional remote training, onsite professional services, remote optimization services or custom
systems integration and development. Traditional training includes dedicated time for Customer operations administrators with an
EMS Technology Solutions Implementation Manager to complete interactive training online via GoToMeeting webinars. Onsite
Professional Services include travel expenses within the continental United States. International, Hawaii and Alaska travel
expenses are not included and will be invoiced upon completion of travel. Training packages will have a fixed duration. It is the
client's responsibility for scheduling training sessions during this time with an Implementation Manager. Unused training time will
not be refunded.
6. Enterprise Professional Hours — Certain Enterprise level contracts may include complimentary professional service hours.
Enterprise level accounts may need to integrate Operative IQ with existing business software (e.g., Oracle, NetSuite, HR
Programs, etc.) and these hours can be used towards those IT projects. Professional service hours can also be used for additional
training if needed; these additional training hours would be outside of the initial training package purchased in the contract.
Professional service hours are allotted annually at the contract date and cannot be banked or rolled over each year and are
provided up to the specified amount in the contract. Should additional hours be needed for an integration project, the time and cost
difference will be generated as a separate quote. Additional training can be purchased at any time.
7. Technical Support: EMS Technology Solutions will provide application support and hosting as well as database management
services for the Service on our application servers. EMS Technology Solutions will provide on -going technical and non -technical
support for application users as part of the Service License. Maintenance upgrades to the Service that are relevant to all
customers will be provided at no additional charge.
City of Round Rock Fire Department Quotation 62190
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106
USA: 877-317-2707
Canada: 647-694-0150
www.operativeiq.com
8. Data Securitv: EMS Technology Solutions uses a Disaster Recovery as a Service (DRAAS) solution to replicate data to a
secondary datacenter for use in the event of a disaster. Local data backups are performed daily. Alert Logic Threat Manager is
and Data Center Security are in place to further protect the computing environment and Customer data. Ownership of the data
remains under the jurisdiction of the Customer.
9. Equipment: Customer may purchase equipment including RFID Readers, Barcode Printers, Barcode Readers, Biometric Readers,
and Consumables as needed to operate the Service. Prices for equipment shall be specified on the agreement. Equipment
invoices shall be payable upon receipt.
10. Warranties: Equipment sold by EMS Technology Solutions carry only those warranties specified for them by their manufacturers.
The duration of the warranty shall extend for the length of time set by the manufacturer. As to such equipment there are no other
expressed or implied warranties, including any warranty of merchantability or fitness for a particular purpose. If there is a breach or
violation of any such warranties EMS Technology Solutions shall hold option, to repair or replace the equipment. EMS Technology
Solutions shall not be liable for punitive, special, proximate, incidental, consequential, or exemplary damages including loss of
profits. Notwithstanding this warranty, Customer shall be responsible for all regular service and maintenance of equipment. In no
event will EMS Technology Solutions be liable for any damages or nonconformity of equipment to the extent caused either directly
or indirectly by Customer or its designated representatives, employees, contractors, or agents.
11. Indemnity: EMS Technology Solutions shall defend, indemnify and hold harmless Customer, and its elected officials, directors,
officers and employees, from any claims, losses, damages, penalties, judgments and liabilities, including all reasonable related
costs and expenses, arising in connection with any action or claim that the Service infringes or misappropriates any patent,
copyright, trade secret or other intellectual property right, including any third party intellectual property right.
12. Force Majeure: In the event that either Party is prevented from performing or is unable to perform any of its obligations under this
Agreement (other than payment of amounts due hereunder) due to any Act of God, fire, casualty, flood, war, strike, lockout,
epidemic, destruction of facilities, riot, insurrection, or any other cause beyond the reasonable control of the Party invoking this
Section, such party's performance shall be excused and the time for the performance shall be extended for the period of the delay
or inability to perform due to such occurrences.
13. Confidentiality: Neither Party may disclose Confidential Information (as hereinafter defined) of the other Party to a third party
without the prior written consent of the other, except as required by law, pursuant to a valid order or directive of a court or other
governmental body, agency, department, or entity of the United States, any State, or any political subdivision of either the United
States or any State, or in response to a subpoena (or similar instrument) issued in connection with an administrative or judicial
proceeding, or as necessary to perform its obligations or to enforce its rights or establish obligations under this Agreement.
Notwithstanding the forgoing; EMS Technology Solutions may, subject to Customer's prior written consent, use certain Customer
information as input data in a database where Customer's identity shall be kept anonymous. Neither Party will make any press
release or other public announcement regarding this Agreement without the other Party's prior written consent except as required
under applicable law or by any governmental agency. Subject to the provisions of this section, Customer shall maintain the
confidentiality of all source materials and other sensitive information regarding software functionality. The recipient of Confidential
Information shall give prompt notice to the other Party of an order, directive, or subpoena prior to disclosure so that an appropriate
protective order or other action regarding such disclosure can be sought.
For purposes hereof, "Confidential Information" means all confidential and propriety information of a Party ("Disclosing Party")
disclosed to the other Party ("Receiving Party"), whether orally or in writing (and if disclosed orally, promptly confirmed in writing
thereafter), that is designated and clearly identified as confidential, and for purposes hereof Confidential Information includes all
Customer data. Confidential Information (except for Customer data) shall not include any information that: (i) is or becomes
generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party
prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently
developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third
party without breach of any obligation owed to the Disclosing Party.
The obligations of the Parties with respect to Confidential Information shall survive the expiration or termination of this Agreement.
14. Miscellaneous: Both Parties shall comply with all laws, rules, and regulations applicable to this Agreement. All purchases under this
Agreement are for Customers "own use" as to not be shared with separate entities, such term is defined in judicial or legislative
interpretation. This Agreement is the entire agreement between the parties with regard to the subject matter of this Agreement. No
amendment of the terms of this Agreement will be binding on either Party unless reduced to writing and signed by an authorized
employee of the Party to be bound.
15. Termination: Either Party may terminate this Agreement at any time with or without cause for any reason or for no reason by giving
the other Party at least thirty (30) days prior written notice. In addition, EMS Technology Solutions may terminate this Agreement
by written notice to the Customer if the license fee due hereunder is not timely paid and such non-payment is not cured within 90-
days from the due date. Notwithstanding the foregoing, however, each Party reserves the right to terminate this Agreement if: (a)
City of Round Rock Fire Department Quotation 62190
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTIUE q .10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
the other Party ceases to function as a going concern in the normal course of business; or (b) the other Party commits or suffers
any act of bankruptcy or insolvency. If this Agreement for service is terminated for any reason, Customer will be provided access
to a backup of the Customer's data. EMS Technology Solutions will retain a copy of Customer's data for up to one (1) year from
date of termination.
16. Relationship of Parties: Each Party is an independent contractor of the other. Neither Party shall be the legal agent of the other for
any purpose whatsoever and therefore has no right or authority to make or underwrite any promise, warranty, or representation, to
execute any Agreement, or otherwise to assume any obligation or responsibility in the name of or on behalf of the other Party,
except to the extent specifically authorized in writing by the other Party.
17. Assignment: This Agreement and the rights and obligations hereunder shall be binding upon and inure to the benefit of the Parties
hereto and their respective successors and assigns; provided that no assignment, sale or other assignment of this Agreement can
occur unless either (a) the transfer occurs by way of merger, reorganization, consolidation, amalgamation, or as part of a transfer of
all or substantially all of the assigning Party's assets, or (b) the non -transferring Party consents to the transfer. In the event of such
a transfer, the transferring Party agrees to secure consent from the transferee that it will assume and perform all obligations of the
transferring Party under this Agreement. Customer or EMS Technology Solutions shall give the other written notice of any
anticipated assignment of the Agreement as soon as administratively practicable after such information may first be made public.
18. Notices: All notices or other communications that are required or permitted hereunder shall be in writing and delivered personally,
sent by facsimile (and such facsimile must be promptly confirmed by personal delivery, registered or certified mail or overnight
courier as provided herein), sent by nationally -recognized overnight courier or sent by registered or certified United States mail,
postage prepaid, return receipt requested, to the addresses first specified hereinabove, or to such other address as the Party to
whom notice is to be given may have furnished to the other Party in writing in accordance herewith, to the attention of the Chief
Executive Officer. For purposes hereof, notice or other communications shall be deemed to have been given, delivered, or provided
(i) if delivered personally, at the time of delivery, (ii) if sent by facsimile, at the time the confirmation of such facsimile
(whether by personal delivery, registered or certified mail, or overnight courier) is given or provided, (iii) if sent by nationally -
recognized overnight courier, at the time of delivery by the courier, or (iv) if sent by registered or certified mail, postage prepaid,
return receipt requested, 72 hours after deposit in the United States mail.
19. Headings: The headings of this Agreement are for convenience only and shall not affect the meaning of the terms of this
Agreement.
20. Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas,
excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to
the substantive law of another jurisdiction. The parties agree that the enforcement of any provision of this Agreement shall be
brought solely in the courts of Williamson County, Texas.
21. Severability: If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future law, and if
the rights or obligations of either Party under this Agreement will not be materially and adversely affected thereby such provision
shall be fully severable and the remaining provisions of this Agreement shall remain in full force and effect to the fullest extent
permitted by applicable law, each Party hereby waives any provision of law that would render any provision prohibited or
unenforceable in any respect.
22. Waiver: The failure of either Party to assert a right hereunder or to insist upon compliance with any term or condition of this
Agreement shall not constitute a waiver of that right or insistence or excuse a similar subsequent failure to perform any such term or
condition by the other Party. This Agreement and all of its provisions are solely for the benefit of the Parties hereto and do not and
are not intended to create or grant any rights, contractual or otherwise, to any third person or entity.
23. Signed Agreements: Signed Agreements must be received prior to the quote expiration date.
City of Round Rock Fire Department Quotation 62190
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPIRRTIU1 10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
Quotation Summary
Quote ID: 62190 Prepared By: Laura Martin
Date: May 5, 2022 Regional Sales Director
Expiration: August 1, 2022 (678) 566-6774
Client URL: laura@operativeiq.com
Amount: $24,950.00
Accounting Information
Bill To
City of Round Rock Fire Department
203 Commerce Blvd.
Round Rock, Texas 78664
512-341-3310
Ship To
City of Round Rock Fire Department
203 Commerce Blvd.
Round Rock, Texas 78664
Accounting Email
EMS Technology Solutions, LLC sends electronic invoices for payment therefore a business email is required. If one is
not listed below, please indicate the best email for your accounting department. Avoid using personal emails. Select
whether your company should be tax exempt.
_.._._......_._..____....... ......
t
Tax Exempt [ ] t
t
Payment Terms
[X] Annual, Net 45 [ ] Quarterly, Net 30 [ ] Monthly, Net 15
Purchase Order
[ ] Purchase Order Not Required
[ ] Purchase Order Required PO Number:
Existing Customers
Select the appropriate option below for existing customers adding services.
[ ] Invoice along with my other services
[ ] Invoice separately from my other services
Acceptance of Quotation
City of Round Rock Fire Department Quotation 62190
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTIUE q -.10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
IN WITNESS WHEREOF, the person signing below represents and warrants that she or he has the authority to bind City
of Round Rock Fire Department and execute the terms of this agreement.
Signature
Name
Title
Date
Agreements can be Signed Electronically
or Faxed to (404) 424-9401
Attn: Laura Martin
City of Round Rock Fire Department Quotation 62190
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTIUE 10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
Standard Equipment Options
Standard Equipment can be ordered at any time by using the Operative IQ Integrated Supplier option from your
Purchasing Module or by sending a Purchase Order to your Account Manager. Below is a list of equipment categories we
offer. For details, pricing, or custom RFID Solutions, tracking tags or equipment please contact your Account Manager.
Prices are subject to change. All equipment offered is tested for use with the Operative IQ system.
✓ BARCODE PRINTERS AND READERS
✓ BARCODE LABELS AND SEALS
✓ KOAMTAC BARCODE READERS AND CASES
✓ RFID EQUIPMENT
✓ RFID TAGS AND SEALS
✓ BIOMETRIC FINGERPRINT READERS
✓ GEOTAB FLEET TELEMATICS
✓ VEHICLE CAMERAS
*For faster ordering use the Operative 1Q Integrated Supplier from your Purchasing module. *
City of Round Rock Fire Department Quotation 62190
Prepared by: Laura Martin on May 5, 2022
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106
USA: 877-317-2707
Canada: 647-694-0150
Quotation
Quote ID 62233
Date May 5, 2022
Expiration August 1, 2022
Client URL
Quotation For
City of Round Rock Fire Department
203 Commerce Blvd.
Round Rock, Texas 78664
512-341-3310
Exhibit "A"
www.operativeiq.com
Prepared By Laura Martin
Regional Sales Director
(678) 566-6774
laura@operativeiq.com
Equipment
2
De1 �f
w�� NA'
RFID 4-Port Reader (Passive RFID, BILE, WiFi,
IQ10205 11.00 $2,300.00 $25,300.00
POE, GPS, 1 Year Warranty)
RFID Multiplexer with 16 Ports (Includes GPIO to
IQ10708 11.00 $1,000.00 $11,000.00
Reader Cables)
Times-7 SlimLine A5020-60010 Circular Polarized
RFID Antenna Flush Mount (6" x 6" x 0.5") Side
IQ10522 132.00 $155.00 $20,460.00
Connector: SMA - INCLUDES 2' RFID CABLE
GPS Antenna - MobileMark Surface Mount GPS
IQ10274
11.00
$130.00
$1,430.00
Antenna SM-1575 (White)
Banner External LED Dome Light with Cable
IQ10207
11.00
$145.00
$1,595.00
LMR240 Type Cable Reel with no connectors,
IQ10610
44.00
$65.00
$2,860.00
(PT240-XXXX) - Custom Per 100' of Cable
RFID Cable Crimp Tool LMR195 / LMR240
IQ10596
1.00
$100.00
$100.00
Crimp Connector - SMA-Male for LMR 240 Cable
IQ10520
264.00
$12.00
$3,168.00
(SSM-240)
Crimp Connector - RP TNC-Male for LMR 240
IQ10519
264.00
$10.00
$2,640.00
Cable (RTM-240)
RFID Reader Power Mapper for Testing RFID
IQ10439
1.00
$300.00
$300.00
Antenna Placement / Signal Strength
MetalCraft Custom RFID Universal Foam Asset
IQ10619
250.00
$4.84
$1,210.00
Tags - XRFIDUL1473 2.875" X 1.375"
Subtotal $70,063.00
Thank you for choosing Operative IQ. We appreciate your business.
Total $70,063.00
Comments or Special Instructions
This quote represents outfitting 11 Fire apparatus with fixed reader RFID to provide constant monitoring to 12
compartments within each unit. Installation is not included. Onsite training recommended, and could be part of the onsite
training on the main RFP quote, or additional days could be purchased.
City of Round Rock Fire Department Quotation 62233
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTIUE 10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
Licensing Agreement
1. Scope: EMS Technology Solutions will provide City of Round Rock Fire Department, a private, public, or collective entity (the
"Customer") access to Operative IQ management software as a service (the "Service"). The terms and conditions held within (the
"Agreement") represent the terms and conditions under which EMS Technology Solutions will grant licenses to Customer for the
Service. This Agreement shall begin on the signed Agreement date and maintain for the term of five (5) years (the "Term"). The
Customer may terminate the Agreement without penalty anytime during the Term contingent on a thirty (30) day written notice
informing EMS Technology Solutions of intent. EMS Technology Solutions and the Customer shall sometimes be individually
referred to as a "Party" and sometimes collectively referred to as the "Parties."
This Agreement along with the attached Quote sets forth the Services to be provided by EMS Technology Solutions and is hereby
incorporated into and made an integral part of the Agreement between EMS Technology Solutions and Customer.
2. Grant of Exclusive License: Subject to the terms and conditions of this Agreement, EMS Technology Solutions hereby grants to
Customer irrevocable use of the Service during the aforementioned Term. Customer acknowledges that the Operative IQ
management software, including all aspects of the system and software, all supporting documentation, all versions, improvements,
and developments however derived; all marks used therewith; and all intellectual property rights associated with any of the
foregoing, are the property of EMS Technology Solutions and that EMS Technology Solutions holds all related patent, trademark,
copyright, or trade secret interests therein. Customer further acknowledges that the Operative IQ management software, including
the software and supporting documentation, is treated by EMS Technology Solutions as its secret and proprietary information of
substantial value, and Customer shall treat such information so received in confidence and shall not use, copy, disclose, reverse
engineer nor permit any Licensee Personnel or any other person or entity to use, copy, disclose, or reverse engineer the same for
any purpose that is not specifically authorized under this Agreement.
3. Product Service Fees: Requested Payment Terms and quantity of licenses specific to each Service ("Service License") shall be as
specified on the Quote. Customer holds option of Service License Requested Payment Term of annual, quarterly, monthly which is
to be identified on Agreement. Requested Payment Term will be annual in the event of failure of Customer to identify. In the event
of Agreement termination prior to the end of a Term, the Service License will be prorated to reflect the number of months remaining
in the final Term.
Quantity of Licenses may be increased or decreased without penalty. Minimum license requirements may apply based on the
Service selected. Changes to the Service and equipment may be made at any time by contacting EMS Technology Solutions. Any
additional Service may be added at any subsequent date by agreement of both EMS Technology Solutions and Customer. Any
changes to the Service and equipment provided will be governed by this Agreement unless a new agreement is requested in
writing.
Custom RFID Solutions or IT Professional Services Terms are 50% down to commence production, 50% upon delivery. A non -
cancellable purchase order will be required.
4. Taxes: Prices stated do not include any sales, use, or excise tax or any other tax, duty or charge which is now in effect or may be
hereafter imposed by any Federal, State, or other authority. All such taxes, duties or other charges shall be assessed and paid by
Customer at the time of invoicing unless Customer shall provide Seller an exemption certificate acceptable to the appropriate
authorities.
5. Professional Services: Professional Services shall be as specified on the Quote and payable upon receipt. Professional Services
may include setup expenses, traditional remote training, onsite professional services, remote optimization services or custom
systems integration and development. Traditional training includes dedicated time for Customer operations administrators with an
EMS Technology Solutions Implementation Manager to complete interactive training online via GoToMeeting webinars. Onsite
Professional Services include travel expenses within the continental United States. International, Hawaii and Alaska travel
expenses are not included and will be invoiced upon completion of travel. Training packages will have a fixed duration. It is the
client's responsibility for scheduling training sessions during this time with an Implementation Manager. Unused training time will
not be refunded.
6. Enterprise Professional Hours — Certain Enterprise level contracts may include complimentary professional service hours.
Enterprise level accounts may need to integrate Operative IQ with existing business software (e.g., Oracle, NetSuite, HR Programs,
etc.) and these hours can be used towards those IT projects. Professional service hours can also be used for additional training if
needed; these additional training hours would be outside of the initial training package purchased in the contract. Professional
service hours are allotted annually at the contract date and cannot be banked or rolled over each year and are provided up to the
specified amount in the contract. Should additional hours be needed for an integration project, the time and cost difference will be
generated as a separate quote. Additional training can be purchased at any time.
City of Round Rock Fire Department Quotation 62233
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTIUE (i .10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
7. Technical Support: EMS Technology Solutions will provide application support and hosting as well as database management
services for the Service on our application servers. EMS Technology Solutions will provide on -going technical and non -technical
support for application users as part of the Service License. Maintenance upgrades to the Service that are relevant to all
customers will be provided at no additional charge.
8. Data Security: EMS Technology Solutions uses a Disaster Recovery as a Service (DRAAS) solution to replicate data to a
secondary datacenter for use in the event of a disaster. Local data backups are performed daily. Alert Logic Threat Manager is
and Data Center Security are in place to further protect the computing environment and Customer data. Ownership of the data
remains under the jurisdiction of the Customer.
9. Equipment: Customer may purchase equipment including RFID Readers, Barcode Printers, Barcode Readers, Biometric Readers,
and Consumables as needed to operate the Service. Prices for equipment shall be specified on the agreement. Equipment
invoices shall be payable upon receipt.
10. Warranties: Equipment sold by EMS Technology Solutions carry only those warranties specified for them by their manufacturers.
The duration of the warranty shall extend for the length of time set by the manufacturer. As to such equipment there are no other
expressed or implied warranties, including any warranty of merchantability or fitness for a particular purpose. If there is a breach or
violation of any such warranties EMS Technology Solutions shall hold option, to repair or replace the equipment. EMS Technology
Solutions shall not be liable for punitive, special, proximate, incidental, consequential, or exemplary damages including loss of
profits. Notwithstanding this warranty, Customer shall be responsible for all regular service and maintenance of equipment. In no
event will EMS Technology Solutions be liable for any damages or nonconformity of equipment to the extent caused either directly
or indirectly by Customer or its designated representatives, employees, contractors, or agents.
11. Indemnity: EMS Technology Solutions shall defend, indemnify and hold harmless Customer, and its elected officials, directors,
officers and employees, from any claims, losses, damages, penalties, judgments and liabilities, including all reasonable related
costs and expenses, arising in connection with any action or claim that the Service infringes or misappropriates any patent,
copyright, trade secret or other intellectual property right, including any third party intellectual property right.
12. Force Majeure: In the event that either Party is prevented from performing or is unable to perform any of its obligations under this
Agreement (other than payment of amounts due hereunder) due to any Act of God, fire, casualty, flood, war, strike, lockout,
epidemic, destruction of facilities, riot, insurrection, or any other cause beyond the reasonable control of the Party invoking this
Section, such party's performance shall be excused and the time for the performance shall be extended for the period of the delay
or inability to perform due to such occurrences.
13. Confidentiality: Neither Party may disclose Confidential Information (as hereinafter defined) of the other Party to a third party
without the prior written consent of the other, except as required by law, pursuant to a valid order or directive of a court or other
governmental body, agency, department, or entity of the United States, any State, or any political subdivision of either the United
States or any State, or in response to a subpoena (or similar instrument) issued in connection with an administrative or judicial
proceeding, or as necessary to perform its obligations or to enforce its rights or establish obligations under this Agreement.
Notwithstanding the forgoing; EMS Technology Solutions may, subject to Customer's prior written consent, use certain Customer
information as input data in a database where Customer's identity shall be kept anonymous. Neither Party will make any press
release or other public announcement regarding this Agreement without the other Party's prior written consent except as required
under applicable law or by any governmental agency. Subject to the provisions of this section, Customer shall maintain the
confidentiality of all source materials and other sensitive information regarding software functionality. The recipient of Confidential
Information shall give prompt notice to the other Party of an order, directive, or subpoena prior to disclosure so that an appropriate
protective order or other action regarding such disclosure can be sought.
For purposes hereof, "Confidential Information" means all confidential and propriety information of a Party ("Disclosing Party")
disclosed to the other Party ("Receiving Party"), whether orally or in writing (and if disclosed orally, promptly confirmed in writing
thereafter), that is designated and clearly identified as confidential, and for purposes hereof Confidential Information includes all
Customer data. Confidential Information (except for Customer data) shall not include any information that: (i) is or becomes
generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party
prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently
developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third
party without breach of any obligation owed to the Disclosing Party.
The obligations of the Parties with respect to Confidential Information shall survive the expiration or termination of this Agreement.
14. Miscellaneous: Both Parties shall comply with all laws, rules, and regulations applicable to this Agreement. All purchases under this
Agreement are for Customers "own use" as to not be shared with separate entities, such term is defined in judicial or legislative
interpretation. This Agreement is the entire agreement between the parties with regard to the subject matter of this Agreement. No
amendment of the terms of this Agreement will be binding on either Party unless reduced to writing and signed by an authorized
employee of the Party to be bound.
City of Round Rock Fire Department Quotation 62233
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106
USA: 877-317-2707
Canada: 647-694-0150
www.operativeiq.com
15. Termination: Either Party may terminate this Agreement at any time with or without cause for any reason or for no reason by giving
the other Party at least thirty (30) days prior written notice. In addition, EMS Technology Solutions may terminate this Agreement
by written notice to the Customer if the license fee due hereunder is not timely paid and such non-payment is not cured within 90-
days from the due date. Notwithstanding the foregoing, however, each Party reserves the right to terminate this Agreement if: (a)
the other Party ceases to function as a going concern in the normal course of business; or (b) the other Party commits or suffers
any act of bankruptcy or insolvency. If this Agreement for service is terminated for any reason, Customer will be provided access to
a backup of the Customer's data. EMS Technology Solutions will retain a copy of Customer's data for up to one (1) year from date
of termination.
16. Relationship of Parties: Each Party is an independent contractor of the other. Neither Party shall be the legal agent of the other for
any purpose whatsoever and therefore has no right or authority to make or underwrite any promise, warranty, or representation, to
execute any Agreement, or otherwise to assume any obligation or responsibility in the name of or on behalf of the other Party,
except to the extent specifically authorized in writing by the other Party.
17. Assignment: This Agreement and the rights and obligations hereunder shall be binding upon and inure to the benefit of the Parties
hereto and their respective successors and assigns; provided that no assignment, sale or other assignment of this Agreement can
occur unless either (a) the transfer occurs by way of merger, reorganization, consolidation, amalgamation, or as part of a transfer of
all or substantially all of the assigning Party's assets, or (b) the non -transferring Party consents to the transfer. In the event of such
a transfer, the transferring Party agrees to secure consent from the transferee that it will assume and perform all obligations of the
transferring Party under this Agreement. Customer or EMS Technology Solutions shall give the other written notice of any
anticipated assignment of the Agreement as soon as administratively practicable after such information may first be made public.
18. Notices: All notices or other communications that are required or permitted hereunder shall be in writing and delivered personally,
sent by facsimile (and such facsimile must be promptly confirmed by personal delivery, registered or certified mail or overnight
courier as provided herein), sent by nationally -recognized overnight courier or sent by registered or certified United States mail,
postage prepaid, return receipt requested, to the addresses first specified hereinabove, or to such other address as the Party to
whom notice is to be given may have furnished to the other Party in writing in accordance herewith, to the attention of the Chief
Executive officer. For purposes hereof, notice or other communications shall be deemed to have been given, delivered, or provided
(i) if delivered personally, at the time of delivery, (ii) if sent by facsimile, at the time the confirmation of such facsimile
(whether by personal delivery, registered or certified mail, or overnight courier) is given or provided, (iii) if sent by nationally -
recognized overnight courier, at the time of delivery by the courier, or (iv) if sent by registered or certified mail, postage prepaid,
return receipt requested, 72 hours after deposit in the United States mail.
19. Headings: The headings of this Agreement are for convenience only and shall not affect the meaning of the terms of this
Agreement.
20. Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas,
excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to
the substantive law of another jurisdiction. The parties agree that the enforcement of any provision of this Agreement shall be
brought solely in the courts of Williamson County, Texas.
21. Severability: If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future law, and if
the rights or obligations of either Party under this Agreement will not be materially and adversely affected thereby such provision
shall be fully severable and the remaining provisions of this Agreement shall remain in full force and effect to the fullest extent
permitted by applicable law, each Party hereby waives any provision of law that would render any provision prohibited or
unenforceable in any respect.
22. Waiver: The failure of either Party to assert a right hereunder or to insist upon compliance with any term or condition of this
Agreement shall not constitute a waiver of that right or insistence or excuse a similar subsequent failure to perform any such term or
condition by the other Party. This Agreement and all of its provisions are solely for the benefit of the Parties hereto and do not and
are not intended to create or grant any rights, contractual or otherwise, to any third person or entity.
23. Signed Agreements: Signed Agreements must be received prior to the quote expiration date.
City of Round Rock Fire Department Quotation 62233
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTIUE 10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
Quotation Summary
Quote ID: 62233 Prepared By: Laura Martin
Date: May 5, 2022 Regional Sales Director
Expiration: August 1 2022 (678) 566-6774
Client URL: laura@operativeiq.com
Amount: $70,063.00
Accounting Information
Bill To
City of Round Rock Fire Department
203 Commerce Blvd.
Round Rock, Texas 78664
512-341-3310
Ship To
City of Round Rock Fire Department
203 Commerce Blvd.
Round Rock, Texas 78664
Accounting Email
EMS Technology Solutions, LLC sends electronic invoices for payment therefore a business email is required. If one is
not listed below, please indicate the best email for your accounting department. Avoid using personal emails. Select
whether your company should be tax exempt.
Tax Exempt [ ]
r
Payment Terms
[X] Annual, Net 45 [ ] Quarterly, Net 30 [ ] Monthly, Net 15
Purchase Order
[ ] Purchase Order Not Required
[ ] Purchase Order Required PO Number:
Existing Customers
Select the appropriate option below for existing customers adding services.
[ ] Invoice separately from my other services [ ] Invoice along with my other services
Acceptance of Quotation
City of Round Rock Fire Department Quotation 62233
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTIUE 10
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
IN WITNESS WHEREOF, the person signing below represents and warrants that she or he has the authority to bind City
of Round Rock Fire Department and execute the terms of this agreement.
Signature
Name
Title
Date
Agreements can be Signed Electronically
or Faxed to (404) 424-9401
Attn: Laura Martin
City of Round Rock Fire Department Quotation 62233
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
EMS Technology Solutions, LLC
3781 Tramore Pointe Pkwy
Austell, GA 30106 OPERRTIUE
USA: 877-317-2707
Canada: 647-694-0150 www.operativeiq.com
Standard Equipment Options
Standard Equipment can be ordered at any time by using the Operative IQ Integrated Supplier option from your
Purchasing Module or by sending a Purchase Order to your Account Manager. Below is a list of equipment categories we
offer. For details, pricing, or custom RFID Solutions, tracking tags or equipment please contact your Account Manager.
Prices are subject to change. All equipment offered is tested for use with the Operative IQ system.
✓ BARCODE PRINTERS AND READERS
✓ BARCODE LABELS AND SEALS
✓ KOAMTAC BARCODE READERS AND CASES
✓ RFID EQUIPMENT
✓ RFID TAGS AND SEALS
✓ BIOMETRIC FINGERPRINT READERS
✓ GEOTAB FLEET TELEMATICS
✓ VEHICLE CAMERAS
*For faster ordering use the Operative 1Q Integrated Supplier from your Purchasing module. *
City of Round Rock Fire Department Quotation 62233
Prepared by: Laura Martin on May 5, 2022
Exhibit "A"
ROUND ROCK TEXAS
PwUnamom
ADDENDUM
CITY OF ROUND ROCK, TEXAS
Solicitation: RFP 22-006 Addendum No: 1 Date of addendum: 1127/2022
This addendum is to incorporate the following changes to the above referenced solicitation:
I. Questions:
Q1. On page 4 of the RFP, number 11 Certificate of Interested Parties, do we need to complete this prior to
submitting the RFP, or just be willing to complete this should we be selected?
Al. Please complete the 1295 form only if selected for award.
Q2. Certificate of Insurance. Can we include the COI with the RFP submission, or does that need to be submitted
separately?
A2. You can submit the COI with the RFP submission.
Q3. What are the specific DEA requirements for chain -of -custody?
AS. The software must comply with all government entities including, but not limited to DEA requirements (such as 21
CFR 1304), OSHA standards, and State of Texas requirements. This includes site/location inventory as well as
distributor inventory.
Q4. In Part 1V.7.E the City requests, "Set limits on certain items (uniforms, station supplies, etc.)." What type of limits?
Min/Max replenishment limits?
A4. The limits shall be (Customizable) Minimum, Maximum, PAR level, burn rates, and current in -stock count. The
City desires the reporting capability to forecast when stock items will be depleted so that it is better able to keep a
running inventory.
Q5. In Part IV.7.H the City requests, "The ability to connect with an automatic dispensing unit for commonly needed
items." What type(s) of automatic dispensing units? Software and hardware?
A5. This is referring to the medication storage/dispensing unit (physical unit) and associated software. The unit
needs to work with and integrate into the Asset Management Software. It is similar to a vending machine -style
unit. Examples are UCaplt, DiaMedical USA, etc.
Q6. In Part IV.71 the City requests, "Ability to log non -inventory events such as filling SCBA bottles, etc."
A6. While non -inventory, the ability to log events such as SCBA air bottle refills, turn -out gear washings, and
inspections, as well as a few other items, are critical to meeting State and Federal compliance for those items.
We currently have a paper system for these things. We have issues with maintaining proper logging of this
information, either through omittance or by damage or loss of records.
Q6.1. Would work orders fulfill this need?
A6.1. No, we fill a minimum of three bottles at a time and the filling is done on a company level.
Q6.2. Are you tracking the cost or just what was done and when?
A6.2. The department tracks when each task was done (fill air Bottle, wash/inspect turn -out gear, ... ) and any
issue that may place those items out of service. Any out of service items would need to be tracked, as well
as be searchable to determine any common cause/effects.
li. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME.
APPROVED BY: 1/2712021
Amanda Crowell, Purchaser
Purchasing Office, 512-218-5458
Exhibit "A"
By the signature affixed below this addendum is hereby incorporated into and made a part of the above referenced
solicitation.
ACKNOWLEDGED BY:
krwroL Mesta-in
Name
Y&Zte� —� /11 ace-,:;t,
Authorized Signature Date(
RETURN ONE SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED
PROPOSAL. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM
CONSIDERATION FOR AWARD.