Contract - Ford Audio-Video Systems, LLC - 2/12/2015 CITY OF ROUND ROCK
AGREEMENT FOR PURCHASE OF
FIRE APPARTUS TESTING SERVICES FROM
FIRE ONE,INC,
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THAT THIS Agreement for purchase of fire apparatus testing services for the Fire
Department's fire apparatus equipment, and for related goods and services, (referred to herein as
the "Agreement"), is made and entered into on this the 1z' day of the month of February,
2015, by and between the CITY OF ROUND ROCK, TEXAS, a home-rule municipality whose
offices are located at 221 East Main Street, Round Rock, Texas 78664 (referred to herein as the
"City") and FIRE ONE, INC., whose offices are located at 740R Burmont Road, Drexel Hill, PA
19026 (referred to herein as the"Services Provider").
RECITALS:
WHEREAS, City desires to purchase fire apparatus testing services for the Fire
Department's fire apparatus equipment, and City desires to procure same from Services
Provider; and
WHEREAS, City has issued its "Invitation for Bid" for the provision of said goods and
services, and City has selected the Bid submitted by the Services Provider; 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, 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 is obligated to buy specified services and Services Provider is obligated to sell
same. The Agreement includes the following: (a) City's Invitation for Bid designated
Solicitation Number 15-003 dated November 2015, Class/Item: 962-43/928-87, and Addendum
No. 1 dated December 12, 2014; (b) Services Provider's Response to the IFB; (c) contract award;
00327436/ss2
and (d) any exhibits, addenda, and/or amendments thereto. Any inconsistencies or conflicts in
the contract documents shall be resolved by giving preference in the following order:
(1) This Agreement;
(2) Services Provider's Response to IFB;
(3) City's Invitation for Bids, exhibits, and attachments.
B. City means the City of Round Rock, Williamson and Travis Counties, Texas.
C. Effective Date means the date upon which the binding signatures of both parties
to this Agreement are affixed.
D. 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 and services mean the specified services, supplies, materials,
commodities, or equipment.
2.01 EFFECTIVE DATE, INITIAL TERM, AND ALLOWABLE RENEWALS
A. This Agreement shall be effective on the date it has been signed by both parties
hereto, and shall remain in full force and effect unless and until it expires by operation of the
term stated herein, or until terminated or extended as provided herein.
B. The initial term of this Agreement is for thirty-six (36) months from the effective
date hereof. After that initial term, this Agreement may be renewed for two (2) successive
twelve (12)-month periods, under the same terms and conditions, only upon the express written
agreement of both parties, and only provided that the Services Provider has performed each and
every contractual obligation specified in this Agreement.
C. City reserves the right to review the relationship at any time, and may elect to
terminate this Agreement with or without cause or may elect to continue.
3.01 CONTRACT DOCUMENTS AND EXHIBITS
City selected Services Provider to supply the services as outlined in the IFB and
Response to IFB submitted by Services Provider, all as specified in Exhibit "A." The intent of
these documents is to formulate an Agreement listing the responsibilities of both parties as
outlined in the IFB and as offered by Services Provider in its Response to the IFB.
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The services which are the subject of this Agreement are described in Exhibit "A" and,
together with this Agreement, comprise the total Agreement and they are fully a part of this
Agreement as if repeated herein in full.
4.01 ITEMS AWARDED; SCOPE OF WORK
Items Awarded. All bid items on Exhibit"A" are awarded to Services Provider.
Scope of Work. For purposes of this Agreement, City has issued documents delineating the
required services (specifically Invitation for Bid Solicitation Number 15-003, Class/Item: 962-
43/928-87 dated November 2015, and Addendum No. 1 dated December 12, 2014). Services
Provider has issued its response agreeing to provide all such required service in all specified
particulars. All such referenced documents are included in Exhibit "A" attached hereto and
made a part hereof for all purposes. When taken together with the appended exhibits, this
Agreement shall evidence the entire understanding and agreement between the parties and shall
supersede any prior proposals, correspondence or discussions.
Services Provider shall satisfactorily provide all services described under the attached
exhibits within the contract term specified in Section 2.01. Services Provider's undertakings
shall be limited to 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 accordance with this Agreement, in accordance with the appended exhibits, in
accordance with due care, and in accordance with prevailing industry standards for comparable
services.
5.01 COSTS
Bid costs listed on page ten (10) of eleven (11) of Exhibit"A," in the amount of eighteen
thousand six hundred twenty-five dollars and 90/100 ($18,625.90) per year, shall be the basis
of any charges collected by the Services Provider.
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.
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7.01 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING
Authority for local governments to contract with one another to perform certain
governmental functions and services, including but not limited to purchasing functions, is
granted under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts,
Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter
F, Section 271.101 and Section 271.102.
Other governmental entities within the State of Texas may be extended the opportunity to
purchase off of the City's bid, with the consent and agreement of the successful vendor(s) and
the City. Such agreement shall be conclusively inferred for the vendor from lack of exception to
this clause in the vendor's response. However, all parties hereby expressly agree that the City is
not an agent of, partner to, or representative of those outside agencies or entities and that the City
is not obligated or liable for any action or debts that may arise out of such independently-
negotiated"piggyback"procurements.
8.01 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 effect such termination by
giving Services Provider a written notice of termination at the end of its then current fiscal year.
9.01 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
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, a
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
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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.
10.01 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.
11.01 TAXES
City is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider's charges.
12.01 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 or services from another supplier or suppliers.
13.01 INSURANCE
Services Provider shall meet all requirements as stated in the attached IFB, including all
attachments and exhibits thereto, and Services Provider's bid response.
14.01 CITY'S REPRESENTATIVE
City hereby designates the following representatives authorized to act in its behalf with
regard to this Agreement:
Marshall Reynolds
Fleet Operations Manager
General Services Department
212 Commerce Cove
Round Rock, Texas 78664
512-218-5571
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15.01 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.
16.01 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 make any payment in full when due;
B. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
C. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
D. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
17.01 TERMINATION AND SUSPENSION
A. City has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Services
Provider.
B. In the event of any default by Services Provider, City has the right to terminate
this Agreement for cause, upon ten (10) days' written notice to Services Provider.
C. Services Provider has the right to terminate this Agreement only for cause, that
being in the event of a material and substantial breach by City or by mutual agreement to
terminate evidenced in writing by and between the parties.
D. In the event City terminates under subsections (A) or (B) of this section, the
following shall apply: Upon City's delivery of the referenced notice to Services Provider,
Services Provider shall discontinue all services in connection with the performance of this
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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.
18.01 INDEMNIFICATION
Services Provider shall defend (at the option of City), indemnify, and hold City, its
successors, assigns, officers, employees and elected officials harmless from and against all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any
and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of
Services Provider, or Services Provider's agents, employees or subcontractors, in the
performance of Services Provider's obligations under this Agreement, no matter how, or to
whom, such loss may occur. Nothing herein shall be deemed to limit the rights of City or
Services Provider (including, but not limited to the right to seek contribution) against any third
party who may be liable for an indemnified claim.
19.01 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
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.
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.
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Notice to Services Provider:
Fire One, Inc.
740 R Burmont Road
Drexel Hill, PA 19026
Notice to City:
City Manager Stephen 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
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stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
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.
[Signatures on the following page.]
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IN WITNESS WHEREOF, City and Services Provider have executed this Agreement on
the dates indicated.
City of Round Rock,Texas Fire t e,Inc. �i'
By: an, By GY/ 7AN
Printed Name: /� MG[ 1�W P .d Name: ,j 4mL-� E 6 -4,t-
Title:
+�
Title: -•
Date Signed: 2.1 •15 Date Signed: /
Attest:
By: • egt
Sara White, City Clerk
For City, ; proved as to Form:
Mil
,
By. _`ir..4
Stephan . Sheets, City Attorney
GL' s
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' ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
City of Round Rock, Texas
Purchasing Division
221 East Main Street
Round Rock, Texas 78664-5299
www.roundrocktexas.gov
INVITATION FOR BID (IFB)
FIRE APPARATUS TESTING SERVICES
SOLICITATION NUMBER 15-003
November 2015
EXHIBIT "A"
City of Round Rock
Fire Apparatus Testing Services
IFB No. 15-003
Class/Item: 962-43/928-87
November 2015
CITY OF ROUND ROCK
INVITATION FOR BID
FIRE APPARATUS TESTING SERVICES
PART I
GENERAL
1. PURPOSE: The City of Round Rock, herein after "the City" seeks an agreement with a qualified
Individual, Firm, or Corporation herein after referred to as "Respondent", experienced in annual fire
apparatus testing for the Fire Department's existing equipment.
2. BACKGROUND: The City currently has eleven (11) Pierce fire trucks; which include two (2)
Platform aerial trucks, two (2) Quint aerial trucks, and seven (7) pumper trucks. The City also has
two (2) Spartan pumper fire trucks. All thirteen (13) pieces of equipment will require pump testing
and all four (4) aerial units will require aerial ladder testing. The City has approximately fifty four
(54) ground ladders equaling approximately nine hundred and fourteen (914) feet which will require
ground ladder testing. The City has approximately thirty eight thousand five hundred (38,500) feet
of hoses ranging in size from 1 3/4 inch to 5 inch in size that will require hose testing. These
numbers will change as the City grows and more fire stations are added.
3. ATTACHMENTS: Attachment A through B is herein made part of this request for information:
3.1 Attachment A: Bid Sheet
3.2 Attachment B: Reference Sheet
4. CLARIFICATION: For questions or clarification of specifications, you may contact:
Deborah Knutson, CPPB
Purchaser
Purchasing Department
City of Round Rock
E-mail: dknutsonaroundrocktexas.gov
The individual listed above may be contacted by e-mail for clarification of the specifications only.
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.
5. AGREEMENT TERM: The terms of the awarded agreement shall include but not be limited to the
following:
5.1 The term of the initial Agreement shall begin from date of award and shall remain in full force
and effective through January 31, 2018.
5.2 The initial term of the resulting agreement shall be three (3) consecutive twelve (12) month
periods from the effective date. The agreement may be renewed for two (2) additional
periods of time, not to exceed twelve (12) months each, provided both parties agree in writing
prior to the expiration of the current term.
5.3 The City reserves the right to review the respondents' performance at the end of each twelve
(12) month period and cancel all or part of the agreement(s) or continue the agreement(s)
through the next period.
Page 2 of 11
EXHIBIT "A"
City of Round Rock
Fire Apparatus Testing Services
IFB No. 15-003
Class/Item: 962-43/928-87
November 2015
5.4 If the respondent fails to perform its duties in a reasonable and competent manner, the City
shall give written notice to the respondent of the deficiencies and the respondent shall have
thirty (30) days to correct such deficiencies. If the respondent fails to correct the deficiencies
with the thirty (30) days, the City may terminate the agreement by giving the respondent thirty
(30) day written notice of termination and the reason for the termination.
5.5 If the agreement is terminated, for any reason, the respondent shall turn over all records, to
include but not be limited to the following: records of repairs, services, deliveries, and
replacement parts, to the City within fifteen (15) working days after completion of duties
contained in the agreement.
PART II
SPECIFICATIONS
1. SCOPE OF WORK: The Successful Respondent shall be required to perform all on site annual
testing/inspection of the Fire Department's existing fire apparatus equipment and provide reports as
specified herein.
2. EQUIPMENT: Apparatus equipment to be inspected/tested currently includes, but is not limited to:
Two (2)2001 Pierce/Dash 100 PAP Platform Aerial Trucks
Two (2)2002 Pierce/Quantum Pumper Trucks
One (1)2004 Pierce/Quantum Pumper Truck
One(1)2007 Pierce/ Dash 100 PAP Quint Aerial Truck
Two (2) 2009 Spartan/Crimson Pumper Trucks
One (1)2009 Pierce/Velocity Quint Aerial Truck
One (1)2010 Pierce/Impel Pumper Truck
One (1) 2011 Pierce/Impel XM Pumper Truck
One (1) 2013 Pierce/Impel XM Pumper Truck
One(1) 2014 Pierce/Impel Pumper Truck
Approximately 38,500 feet of hose in various sizes-from 1 %I"to 5"
Fifty four(54) Ground ladders—equaling approximately 914 feet
3. SERVICE REQUIREMENTS: Successful Respondent shall:
3.1. Perform all on site annual testing/inspections at:
City of Round Rock
Fire Department—Station#6
2919 Joe DiMaggio Boulevard
Round Rock,Texas 78665
Should the annual testing/inspections location change, the Successful Respondent's
designated contact person shall be notified immediately of the location change.
3.2. Perform all annual testing, at a minimum, in accordance with the following National Fire
Protection Association (NFPA) Standards. The NFPA standards to be used each year shall
be the most up to date revised editions, which can be found at http://www.nfpa.orq/.
Page 3 of 11
EXHIBIT "A"
City of Round Rock
Fire Apparatus Testing Services
IFB No. 15-003
Class/Item: 962-43/928-87
November 2015
3.2.1. NFPA Standard 1911 -2012 edition, for Ariel testing/inspections
(Next revision cycle: Fall 2016—for 2017 revised edition);
3.2.2. NFPA Standard 1911 —2012 edition, for Pump testing/inspections
(Next revision cycle: Fall 2016 f-for 2017 revised edition);
3.2.3. NFPA Standard 1932—2015 edition, for Ground Ladder testing/inspections
(Next revision cycle: Fall 2019—for 2020 revised edition);
3.2.4. NFPA Standard 1962—2013 edition,for Hose testing/inspections
(Next revision cycle: Fall 2017—for 2018 revised edition).
3.3. Perform all annual testing to be completed within one week, in the month of February. The
Round Rock Fire Department contact shall provide a detailed schedule of events, at least one
week prior to the scheduled annual testing/inspections in February;
3.4. Provide all labor, transportation, supplies, tools, and materials to satisfactorily perform the
services as specified herein;
3.5. Supply the appropriate equipment to perform all testing/inspections to include a water tank of
sufficient size to perform the testing/inspection required;
3.6. Provide the City with a designated and identified point of contact upon award of the contract,
in order to ensure customer satisfaction and assist with any problems. The City's designated
representatives shall be notified by the Respondent immediately should the point of contact
change.
The City's designated representatives shall be:
Marshall Reynolds
Fleet Operations Manager
Vehicle Maintenance
Phone: 512-218-5571
E-mail: mrevnoldsaroundrocktexas.gov
Angelo Luna
Logistics Officer
Fire Department
Phone: 512-218-6625
E-mail: alunaRroundrocktexas.gov
4. 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:
4.1. Be able to perform all testing, inspections and reporting as specified herein;
4.2. Be firms, corporations, individuals or partnerships normally engaged in providing all of the fire
apparatus testing services as specified herein;
4.3. Have adequate organization, facilities, equipment, financial capability, and personnel to
ensure prompt and efficient service to the City;
4.4. 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 procurement process;
4.5. Be responsible for acquiring and maintaining all necessary licenses, registrations,
certifications and permits required for operation of their business by local, state and federal
laws, rules, ordinances and regulations;
Page 4 of 11
EXHIBIT "A"
City of Round Rock
Fire Apparatus Testing Services
IFB No. 15-003
Class/Item: 962-43/928-87
November 2015
4.6. Maintain sole responsibility for the maintenance and repair of Respondent's vehicles,
equipment, tools and all associated costs.
5. SUBCONTRACTORS: Respondent shall not subcontract or otherwise engage subcontractors to
perform required services without prior written consent of the City.
6. REPORT REQUIREMENTS: Respondent shall provide a detailed report to both of the City's
designated representatives to include each piece of equipment with the results of all testing two (2)
weeks after inspection completion. The report shall include the pass/fail status and what corrective
action would be required to place equipment into pass status.
7. LABOR AND REPAIRS: In the event that repairs are required, and the successful respondent is
qualified to repair the substandard equipment, Respondent shall provide an itemized quote which
shall be reviewed for purchasing compliance and approved by the City's designated representative.
Repair work shall not commence unless the successful respondent has received an official,
authorized and signed independent purchase order.
8. ORDER QUANTITY: The quantities shown on the solicitation are estimates only. No guarantee of
any minimum or maximum purchase of services is made or implied. The City will only order the
services needed to satisfy requirements within budgetary constraints, which may be more or less
than indicated.
9. STAFFING QUALIFICATIONS: Successful Respondent shall:
9.1. Ensure that any person performing inspections, testing, or maintenance of the fire apparatus
shall meet the qualifications of NFPA 1071 — 2016 edition, (next revision cycle: Fall 2019 —
for 2020 revised edition), Standard for Emergency Vehicle Technician Professional
Qualifications, or the equivalent;
9.2. Ensure that all Respondent's employees shall perform services in a timely, professional,
courteous and efficient manner. Respondent's employees shall be knowledgeable in the
product lines and be able to assist with all service requests;
9.3. Bear all responsibility for continuous staffing and 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;
9.4. Be required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and City Safety and Occupational Health Standards and any other applicable federal,
state, and local health, safety, and environmental laws, ordinances, rules, and regulations in
the performance of the services described herein.
10. PRICING: Unit prices quoted shall remain firm for the term of the Contract and shall not include
federal or state sales, excise, and use tax. The unit prices shall be the complete price and shall be
inclusive of delivery, overhead costs, payroll costs, transportation charges and any other costs.
Separate delivery, fuel surcharges, or other costs and fees will not be permitted.
11. ADDITIONAL INFORMATION REQUESTED:
Contract Information: Respondent shall provide information of any current established contract
with a local City, County, Municipality, Cooperative Agreement, Comptroller of Public Accounts
(CPA) Texas Smart Buy Contract, Texas Multiple Award Schedule (TXMAS), Inter-local
Agreement, General Services Administration (GSA) Contract or any other contractual resource.
Page 5 of 11
EXHIBIT "A"
City of Round Rock
Fire Apparatus Testing Services
IFB No. 15-003
Class/Item: 962-43/928-87
November 2015
12. DAMAGE: The Vendor shall hold sole responsibility for any damages to the City's equipment or
property, the workplace and its contents due to, work, negligence in work, personnel and
equipment. The Vendor shall be responsible and liable for the safety; injury and health of its
working personnel while its employees are performing service work.
PART III
SCHEDULE AND RESPONSE INSTRUCTIONS
1. SCHEDULE OF EVENTS: It is the City's intention to comply with the following solicitation timeline:
EVENT DATE
Solicitation released November 24, 2014
Deadline for submission of questions December 9, 2014 @ 5:00 PM, CST
City responses to questions or addendums December 12, 2014 @ 5:00 PM, CST
Deadline for submission of responses December 16, 2014 @ 3:00 PM, CST
All questions regarding the solicitation shall be submitted in writing by 5:00 PM, CST to the
Purchaser identified in Part I, Section 4, 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 http://www.roundrocktexas.qov/bids and the State of Texas Electronic
State Business Daily (ESBD) at http://esbd.cpa.state.tx.us/.
The City reserves the right to modify these dates. Notice of date change will be posted to the City's
website and the ESBD.
2. SOLICITATION UPDATES: Respondents shall be responsible for monitoring the City's website at
http://www.roundrocktexas.qov/bids and/or the ESBD at http://esbd.cpa.state.tx.us/for any updates
pertaining to the solicitation described herein. Various updates may include addendums,
cancelations, 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.
3. RESPONSE DUE DATE: Signed and sealed responses are due on or before December 16, 2014
at 3:00 PM CST, as noted above, to the Purchasing Department. Mail or hand deliver sealed
responses to:
City of Round Rock
Attn: Deborah Knutson, CPPB
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
3.1 Responses received after this time and date shall not be considered.
3.2 Sealed responses shall be clearly marked on the outside of packaging with the Solicitation
title, number, due date and"DO NOT OPEN".
3.3 Facsimile or electronically transmitted responses are not acceptable.
3.4 Late responses will be returned to Respondent unopened if return address is provided.
3.5 Responses cannot be altered or amended after opening.
Page 6 of 11
EXHIBIT "A"
City of Round Rock
Fire Apparatus Testing Services
IFB No. 15-003
Class/Item: 962-43/928-87
November 2015
3.6 No response can be withdrawn after opening without written approval from the City for an
acceptable reason.
3.7 The City will not be bound by any oral statement or offer made contrary to the written
specifications.
3.8 Copies of Certifications/ Licenses shall be provided at the Respondent's expense, and shall
become the property of the City.
4. BEST VALUE EVALUATION AND CRITERIA: The City reserves the right to reject any or all
responses, or to accept any response deemed most advantageous, or to waive any irregularities or
informalities in the response received that best serves the interest and at the sole discretion of the
City. All solicitations received may be evaluated based on the best value for the City. In
determining best value, the City may consider:
4.1 Purchase price;
4.2 Reputation of Respondent and of Respondent's goods and services;
4.3 Quality of the Respondent's goods and services;
4.4 The extent to which the goods and services meet the City's needs;
4.5 Respondent's past performance with the City;
4.6 The total long-term cost to the City to acquire the Respondent's goods or services;
4.7 Any relevant criteria specifically listed in the solicitation.
Respondents may be contacted for clarification of bid and/or to discuss details of the services they
are proposing. This may include a presentation and/or the request for additional
material/information to clarify.
5. AWARD: The City reserves the right to enter into an Agreement or a Purchase Order with a single
award, split award, primary and secondary award, non-award, or use any combination that best
serves the interest and at the sole discretion of the City. Award announcement will be made upon
City Council approval of staff recommendation and executed agreement. Award announcement will
appear on the City's website at http://www.roundrocktexas.qov/bids and the State of Texas
Electronic State Business Daily (ESBD) at http://esbd.cpa.state.tx.us.
6. POST AWARD MEETING: The City and Respondent may have a post award meeting to discuss,
but not be limited to the following:
6.1 The method to provide a smooth and orderly transition of services performed from the current
contractor;
6.2 Provide City contact(s) information for implementation of agreement;
6.3 Identify specific milestones, goals and strategies to meet objectives.
7. NON-APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues
only. It is understood and agreed the City shall have the right to terminate the Agreement at the
end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to
purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year in
question. The City may affect such termination by giving Vendor a written notice of termination at
the end of its then current fiscal year.
8. INTERLOCAL COOPERATIVE CONTRACTING (PIGGYBACK): Other governmental entities may
be extended the opportunity to purchase off of the City's agreements,with the consent and agreement
Page 7 of 11
EXHIBIT "A"
City of Round Rock
Fire Apparatus Testing Services
IFB No. 15-003
Class/Item: 962-43/928-87
November 2015
of the awarded Vendor(s) and the City. Such consent and agreement shall be conclusively inferred
from lack of exception to this clause in a Respondent's submittal. However, all parties indicate their
understanding and hereby expressly agree that the City is not an agent of, partner to, or representative
of those outside agencies or entities and that the City is not obligated or liable for any action or debts
that may arise out of such independently-negotiated"piggyback"procurements.
PART IV
RESPONSE 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.
Respondents shall submit one (1) evident signed "Original" and three (3) copies of the response
requirements including any required attachments. The samples and/or copies shall be provided at the
Respondent's expense, and shall become the property of the City.
This invitation for bid (IFB) 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 to this IFB; all costs
associated with responding to this IFB will be solely at the interested part's expense. Not responding to
this IFB does not preclude participation in any future RFP/RFQ/IFB, if any is issued.
For your bid to be responsive, all required items identified below shall be submitted with your
proposal.
1. Attachment A: Responses shall be submitted on itemized, signed Bid Sheet provided herein.
Failure to itemize or sign solicitation may result in disqualification. Submission of responses on
forms other that the City's Solicitation Document may result in disqualification of the response.
2. Attachment B: Provide the name, address, telephone number and E-MAIL of at least three (3)
Municipal, Government agencies or firms of comparable size that have utilized similar service within
the last two (2) years. City of Round Rock references are not applicable. References may be
checked prior to award. Any negative responses received may result in disqualification of submittal.
3. Any certifications, licenses or memberships to professional associations including but not limited to
Fire Apparatus testing/inspections or other specialized licenses or certifications.
The following items shall be made available upon request by the City prior to award and the
approval of any contract:
Proof of insurance for General Liability, Worker's Compensation and standard automobile liability
coverage as set forth by the Insurance Requirements as identified on the City's website at:
http://www.roundrocktexas.qov/bids.
PART V
CONFIDENTIALITY OF CONTENT
1. CONFIDENTIALITY OF CONTENT: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.
1.1 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
Page 8 of 11
EXHIBIT "A"
City of Round Rock
Fire Apparatus Testing Services
IFB No. 15-003
Class/Item: 962-43/928-87
November 2015
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.
1.2 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.
PART VI
GENERAL TERMS AND CONDITIONS/INSURANCE REQUIREMENTS
(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)
1. INSURANCE: The Respondent shall meet or exceed all insurance requirements set forth by the
Insurance Requirements as identified on the City's website at: http://www.roundrocktexas.gov/bids.
2. DEFINITIONS, TERMS AND CONDITIONS: By submitting a response to this solicitation, the
Respondent agrees that the City's standard Definitions, 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. Said Definitions, Terms and Conditions are subject
to change without notice. It is the sole responsibility of respondents to stay apprised of changes.
The City's Definitions, Terms and Conditions can be obtained from the City's website
http://www.roundrocktexas.gov/bids.
2.1. Any acceptance to or additional terms and conditions attached to the response will not be
considered unless Respondent specifically references them on the front of the Solicitation
Document. WARNING: Exception to or additional terms and conditions may result in
disqualification of the response.
3. PROMPT PAYMENT POLICY: Payments will be made in accordance with the Texas Prompt
Payment Law, Texas Government Code, Subtitle F, Chapter 2251. The City will pay Vendor within
thirty days after the acceptance of the supplies, materials, equipment, or the day on which the
performance of services was completed or the day, on which the City receives a correct invoice for
the supplies, materials, equipment or services, whichever is later. The Vendor may charge a late
fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in
accordance with this prompt payment policy; however, this policy does not apply to payments made
by the City in the event:
3.1 There is a bona fide dispute between the City and Vendor concerning the supplies, materials,
services or equipment delivered or the services performed that causes the payment to be
late; or
3.2 The terms of a federal agreement, grant, regulation, or statute prevent the City from making a
timely payment with Federal Funds; or
3.3 The is a bona fide dispute between the Vendor and a subcontractor or between a
subcontractor and its suppliers concerning supplies, material, or equipment delivered or the
services performed which caused the payment to be late; or
3.4 The invoice is not mailed to the City in strict accordance with instructions, if any, on the
purchase order or agreement or other such contractual agreement.
Page 9 of 11
EXHIBIT "A"
City of Round Rock
Fire Apparatus Testing Services
IFB No. 15-003
Class/Item: 962-43/928-87
November 2015
ATTACHMENT A: BID FORM
PURCHASING DEPARTMENT
221 E. Main Street• Round Rock, Texas 78664-5299
Tax ID Number: 3V-16,
Solicitation Number: #15-003
z C J.J C N C..
O Solicitation Name: Fire Apparatus Testing z Business Name: �`rF. L G L
a P
< Services < Address: 7 y0 R i3 u rc M a A't- 12c1,
O Opening Date: December 16,2014 O I Ug et- 141 h i a t o _(•
Z z Address:
zzOpening Time: On or Before 3:00 PM CST W Contact: c.j r. G LA• +..s.
h- p
IQ- Opening Location: City of Round Rock z (o i O,7$9• 24
Q Telephone:
City Hall a.
221 E.Main Street E-mail:w i E-mail: M _9 1 O_4-ES e etre—Cie, can-
0
Round Rock,TX 78664 !,
Website: Tire —C?te` COM
Flow did you hoar about this
solicitation? Newspaper City's Website CE--mail Announcemen ESBD Other
Is this your 1st time Aro you registered with (�
responding to the City? n Yes No Vondorcentral? I/ Yes 0 No register at: roundrocktexas.gov/vendorcentral
Estimated Unit Price
Item# Description Annual (See Part II,Section 11) UOM Extended Price
Quantity
1 Fire Apparatus Pump Testing: 13 .3 2c Each ' Z'2
2 Fire Apparatus Aerial Ladder Testing: 4 ,—1 5— Each -7 p 0 —
3 Fire Apparatus Hose Testing: (Sizes 38,500 ft. Linear /C.) 0 l G
range from 1 3/4"to 5") r a(A Footi
4 Fire Apparatus Ground Ladder Testing: 914 ft. 1, ''s LinearFoot 0 r 9 O
By the signature hereon affixed,the Respondent hereby certifies that neither the respondent nor the entity represented by the respondent,or
anyone acting for such entity has violated the antitrust laws of this State,codified in Section 15.01 et seq.,Texas Business and Commerce
Code,or the Federal antitrust laws,nor communicated directly or indirectly,the response made to any competitor or any other person engaged
N in such line of business. Further,by signing and submitting this response the Respondent acknowledges:
1-
w • That they have read and fully understand the solicitation and accept all terms and conditions set forth herein.
2 • The respondent is not currently delinquent in the payment of any debt owed to the City.
w
0 Sealed response envelope shall be clearly marked with solicitation name,solicitation number and name of responding entity.
- The agreement or purchase order resulting from this solicitation may qualify for Inter-local or Cooperative Contracting(Piggybacking)per the
terms outlined in Part III,Section 8 of this solicitation. If applicable,do you agree to"piggyback"purchasing from other governmental agencies?
O
Z
-V Yes n No Response shall include one(1)signed original and three(3)copies of response.
a --1-14C m L5 -'tS G
(-\ !wL4(14-40— Lc)//I i!y
Printed Name ut orized Signature Date
Failure to sign response will disqualify response.
Page 10 of 11
EXHIBIT "A"
City of Round Rock
Fire Apparatus Testing Services
IFB No. 15-003
Class/Item: 962-43/928-87
November 2015
ATTACHMENT B:
RESPONDENT'S REFERENCE SHEET
PLEASE COMPLETE AND RETURN THIS FORM WITH THE SOLICITATION RESPONSE
SOLICITATION NUMBER: /5 0 0.3
RESPONDENT'S NAME: /.0 L d ( DATE: 1.2 I I( /19
Provide the name, address,telephone number and e-mail of at least three(3) Municipal and/or
Government agencies or firms of comparable size that have utilized similar service within the last two(2)
years. City of Round Rock references are not applicable. References may be checked prior to award.
Any negative responses received may result in disqualification of submittal.
1. Company's Name ja�.�tuV/J �ovti �1 r�.�= Lf„of
Name of Contact A-4—`j C14 T SS L Lew +J
Title of Contact Lpv•-N C14 1 d✓<
E-Mail Address � 4.1ELvtS U S A(>0 ovA c c cvu 'f7 r i M. S av
Present Address i2-D
City, State, Zip Code Ergp;ALILL0 A/M g7G09
Telephone Number ( ##### ) ##### Fax Number: ( ###t# ) #####
2. Company's Name 1b4Liz. f---12L-- Re ccvL
Name of Contact
L. Co /Z LAG
Title of Contact 5 ST. C JJ ►L lc
E-Mail Address � CLL(Ji«L O11.4- dia(14 Can"
Present Address 50 wLST (�'TL✓JI�'i—IC /d`/L�
City, State, Zip Code -0 Li 6 Lc,(4c.14 It L 33"1 Li
Telephone Number ( ## ) ##### Fax Number: ( ##### ) #####
3. Company's Name i.0 LS T j��a L+n (3 e Y-IC 1J ( D )4r
Name of Contact •1-A v) LC)12
Title of Contact
(361±TA C N) I(
E-Mail Address . � �.�2 wA,3 .04
-
Present Address UCS Ai 'ID Xr t< d w
City, State, Zip Code ,,LST (u!l L,rn 6 ct (1 j ICL, 3 340 )
Telephone Number ( Mg* ) ###n# Fax Number:( ##### ) #####
FAILURE TO PROVIDE THE REQUIRED INFORMATION WITH THE SOLICITATION RESPONSE MAY
AUTOMATICALLY DISQUALIFY THE RESPONSE FROM CONSIDERATION FOR AWARD.
Page 11 of 11
EXHIBIT "A"
City of Round Rock f:
Fire Apparatus Testing Servicest
IFB No.15-003 >»�
Class/Item:962-43/928-87 A -ROUND ROCK.TEXAS
November 2015 PURPOSE PASSION PROSPERITY.
CITY OF ROUND ROCK,TEXAS
INVITATION FOR BID
FIRE APPARATUS TESTING SERVICES
IFB#: 15-003 Addendum No. 1 Date: December 12, 2014
Please note the answers to questions, clarifications, revisions or additions to the solicitation referenced
above.
1. Q: Will the City of Round Rock allow testing companies to bid on specific portions of the bid?
(For example, is it acceptable to only bid on the aerial, ground ladder and pump portion of
the bid?)
A: No, the City prefers to award to a single company to perform all testing, nor will they
be allowed to subcontract any portion of the bid as stated in IFB# 13-003: Fire
Apparatus Testing Services, Part II, Section 1 - Scope of Work and Section 5 —
Subcontractors.
2. Q: Does the City intend to have non-destructive testing (NDT) performed on the aerial devices?
A: Yes, the City will require NDT to be performed on all aerial devices.
3. Q: If NDT is required, will the City be requiring that the testing companies provide proof of
Accreditation to ISO/ IEC 17020? (NFPA 1911 2012 Editions requires that 3rd party testing
companies performing non-destructive testing be accredited to the ISO standard mentioned-
NPFA 1911 Chapter 19.3)
A: Yes, the testing company will be required to provide proof of the ISO accreditation.
This is a NFPA standard and it is required, in order to certify the test.
4. Q: In addition, if the ISO accreditation is required, will the City be requiring proof of ASNT Level
II certification of the technicians performing the NDT work? (This requirement is listed in
Chapter 19 of NFPA 1911 2012 Edition 19.2)
A: Yes, the City requires this certification from any technician performing the NDT.
5. Q: Would it be possible to schedule two (2)to three (3)weeks in February? (Normally, because
of the test that the Standard requires it should take one (1) day per aerial test. Likewise if
you are completing all of the required pump test per vehicle it would warrant more than a
week to complete all the work required.)
A: No, the city will require all testing to be completed within one week, as stated in IFB#
15-003: Fire Apparatus Testing Services, Part II, Section 3.3.
6. Q: Will the City accept accreditation to ISO/IEC 17020 as an alternative to NFPA 1071?
A: No, the ISO accreditation will be used in conjunction with NFPA 1071 covering the
EVT and roles they play. (Covered in NFPA 1911)
Approved by I ' s .f'' '
Deborah Knutson, C'PBr-urchaser for the City of Round Rock
By the signature affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above
referenced solicitation.
Vendor Authorized Signature Date
RETURN ONE (1) SIGNED COPY OF THIS ADDENDUM WITH YOUR SEALED PROPOSAL. FAILURE TO DO SO MAY
AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD.
EXHIBIT "A"
: FIRa;
ll I 1�
. I . E
min
December 2, 2014
City of Round Rock
Attn: Deborah Knutson, CPPB
Purchasing Department
221 E. Main Street
Round Rock, Texas 78664-5299
Subject: 2015 Quotation for Fire Equipment Testing
Dear Deborah:
Thank you for your email regarding fire hose, fire pump, ground ladder and aerial device testing
for the City of Round Rock Fire Department. This letter confirms our 2015 through 2018 price
quote to you. FireOne uses no sub-contrators.
FireOne is in the business of testing fire department apparatus pumps, fire hose, aerial devices and
ground ladders. Our technicians do all of the work right at your fire stations with our own equipment
including a mobile pump testing system. FireOne is an independent testing agency and NFPA
Standards are followed for all work.
Fire hose is tested for 26 cents per foot regardless of diameter, and includes all hose removed,
tested using our hydrostatic test machines, labeled and re-packed on your apparatus. A detailed
report is then prepared. All work follows NFPA hose standards including NFPA 1962, Standard for
the Care, Use, Inspection, Service Testing, and Replacement of Fire Hose, Couplings, Nozzles,
and Fire Hose Appliances, 2013 Edition. FireOne technicians do all of the work.
Apparatus fire pumps are tested in your fire station parking lot using our portable pump test system
for$325 per pump test. Testing follows NFPA Standard 1911, Standard for the Inspection,
Maintenance, Testing, and Retirement of In-Service Automotive Fire Apparatus, 2012 Edition,
Chapter 18. Detailed reports are prepared with the results of all testing.
Ground ladders are tested for 1.85 per foot and includes cleaning, inspecting and testing per the
manufacturer's instructions and NFPA 1932, Standard on Use, Maintenance, and Service Testing
of In-Service Fire Department Ground Ladders, 2015 Edition. Our price includes new heat sensor
and safety labels installed on all ladders that pass and that need new labels.
Aerial devices are tested for$675 per device, including non-destructive testing, and hydraulic oil
analysis. Aerial device testing follows NFPA Standard 1911, Standard for the Inspection,
Maintenance, Testing, and Retirement of In-Service Automotive Fire Apparatus, 2012 Edition,
Chapter 19. Detailed reports are prepared with the results of all testing. All work is completed by
an EVT certified, factory trained mechanical engineer.
610-789-2188 www.Fire-One.com P.O. Box 1040 •
Drexel Hill, PA 19026
EXHIBIT "A"
City of Round Rock
Attn: Deborah Knutson, CPPB
December 2, 2014
Page 2
Completion of these important annual tests shows that all apparatus and equipment is in good
working order. Your fire department members, your community, Risk Management, the ISO
and NFPA 1500 will all benefit from successful completion of this important work.
Again, thank you for your email and we look forward to again coming to the City of Round Rock.
Please feel free to call if there are any questions or if you would like to discuss this further.
Very truly yours,
Jim Glatts
'Our 24th Year'
www.Fire-One.com
EXHIBIT "A"