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Home My WebLink AboutContract 56831-R1 DocuSign Envelope ID:01E5A06A-3764-461C-9846-D962B67132A7A CSC No. 56831-RI CSC No. 56831-R1 CITY OF FORT WORTH CONTRACT RENEWAL NOTICE September 15, 2022 Radiant RFID, LLC Attn: Kenneth Ratton, CEO 12912 Hill Country Blvd Ste F-245 Austin, TX 78738 Re: Contract Renewal Notice Contract No. CSC No. 56831-RI (the"Contract") Renewal Term No. 1: April 23,2022 to April 22, 2023 The above referenced Contract with the City of Fort Worth expires on April 22, 2022 (the "Expiration Date"). Pursuant to the Contract, contract renewals are at the sole option of the City. This letter is to inform you that the City is exercising its right to renew the Contract for an additional one (1) year period, which will begin immediately after the Expiration Date. All other terms and conditions of the Contract remain unchanged. Please return this signed acknowledgement letter, along with a copy of your current insurance certificate, to the address set forth below, acknowledging receipt of the Contract Renewal Notice. Failure to provide a signed acknowledgment does not affect the renewal. Please log onto PeopleSoft Purchasing at http://fortworthtexas.gov/purchasing to ensure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Sincerely, Brenda Rav Sr. Contract Compliance Specialist Brenda.ray(c,fortworthtexas. og_v OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Contract Renewal Page 1 of 3 DocuSign Envelope ID:01E5A06A-3764-461C-9846-D962B67B2A7A CSC No. 56831-RI ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including re By:va[e��,��aShingloDlSeP22,2�2221:14C�T) ensurin g all performance and P ortin g requirements. Name: Valerie Washington Title: Assistant City Manager Date: By. Mark RauTrlSep 19,292211:27,CDT) APPROVAL RECOMMENDED: Name: Mark Rauscher s D1115(SepIl12-11:18 CT By: Jim Davis Title: Assistant Fire Director Title: Fire Chief APPROVED AS TO FORM AND ATTEST: LEGALITY: By: By: J ette S.Goodall(Sep 23,202218 CDT) 0o44��u�� Name: Taylor Paris Name: Jannette Goodall Olk F FORT 40 p, 00000000 g�►o° '0 0' Title: Assistant City Attorney Title: City Secretary v� 0 o*� d0� o d ��EXp54ap 0000000 CONTRACT AUTHORIZATION: N/A OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Contract Renewal Page 2 of 3 DocuSign Envelope ID:01 E5AO6A-3764-461 C-9846-D962B67B2A7A CSC No. 56831-RI Radian t 1.,�C By: L-c,I�,l�.Lf�, September 16, OZZ 10:47:52 PDT Name: Kenneth Ratton Title: Chief Executive Officer OFFICIAL RECORD CITY SECRETARY FT WORTH,TX Contract Renewal Page 3 of 3 FORT WORTH CSC No.56831 CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement("Agreement")is entered into by and between Radiant RFID, LLC ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality. The Cooperative Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Cooperative Purchase Agreement; 2. Exhibit A— Seller's Quote, Scope of Services or Purchase Order; 3. Exhibit B — Cooperative Agency Contract(e.g., NJPA, DM, BuyBoard); and 4. Exhibit C—Conflict of Interest Questionnaire. Exhibits A, B, and C which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor agrees to provide City with the services and goods included in Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all exhibits thereto. If any provisions of the attached documents, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule,regulation or ordinance of City,the terms in this Agreement shall control City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with the provisions of this Agreement. Total payment made under this Agreement for the first year by City shall be in the amount up to Twenty Five Thousand Dollars ($25,000.00). Vendor shall not provide any additional items or services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. The term of this Agreement shall begin on the date signed by the Assistant City Manager and end on April 22, 2022. The City shall be able to renew this agreement annually for one-year terms, in accordance with the Vendor's GSA Contract(GS35F0386V), each a renewal term. Vendor agrees that City shall,until the expiration of three(3)years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents,papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Radiant RFID, LLC Attn: Valerie Washington Attn: Brittany Lueckemeyer Assistant City Manager Senior Account Executive 200 Texas Street 1301 S. Capital of Texas Hwy., Suite A300 Fort Worth, TX 76102-6314 Austin, TX 78746 Facsimile: (817) 392-8654 Facsimile: (512) 532-6712 With copy to Fort Worth City Attorney's Office at same address The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: V,4AA-, By signing I acknowledge that I am the person By: Valerie W-hmgt—(D-13,202110:49 CST) responsible for the monitoring and administration Name: Valerie Washington of this contract,including ensuring all performance Title: Assistant City Manager and reporting requirements. Date: Dec 13,2021 APPROVAL RECOMMENDED: By: RjyT d Hiu cDec 12,232121:22 CST) Name: Raymond Hill Title: Assistant Fire Chief By: JfivfsDavk(D-13,202110:42CST) APPROVED AS TO FORM AND LEGALITY: Name: James E. Davis Title: Fire Chief ATTEST: By: Name: Taylor Paris Title: Assistant City Attorney �an.�ce�`te-S: C�rr�itGG By: Jannette S.Goodall(Dee 13,202113:57 CST) CONTRACT AUTHORIZATION: Name: Jannette Goodall M&C: N/A Title: City Secretary VENDOR: Radiant RFID, LLC By: sewn 0 ham(Dets,20n 1B Name: Sean Durham Title: Chief Financial Officer Date: Dec 8,2021 Radiant RFID, LLC 1301 S.Capital of Texas Hwy.,Suite A300 Austin,TX 78746 Quote#: Q-01397-2 USA Prepared For: Misty Davila Phone:51 Z-351-4915 Email: misty.davila@fortworthtexas.gov Date: 11/18/2021 11:07 AM Fax:(512) -351- 9 Email:sales@radiantrfid.com Expires On: 2/1/2022 Prepared By: Brittany Lueckemeyer Phone: (S12)351-4915 Email: blueckemeyer@radiantrfid.com Bill To: City of Fort Worth Emergency Management Office 200 Texas St. Fort Worth,TX 76102 Contract Term: February 1,2022-January 31,2023 Start Date: 2/1/2017 Billing Frequency: Annual Payment Terms Net 30 Software (Recurring) Qty. Part# Type Description Net Price Amount 1.00 RADVAT- Software $5,513.35 $5,513.35 SaaS- (Recurring) Annual server software access for Bundle 5000 Asset 1000-SUB Tracking software. Software $5,513.35 (Recurring) Total: Amount: $5,513.35 Notes: GSA:GS35F0386V Renewal runs from February 1, 2022-January 31, 2023 Terms&Conditions Payment Terms ■ Per Radiant&City of Ft Worth,along with GSA#GS35F0386V Radiant RFID Confidential Page 1 of 3 This Order is subject to the Master Software and Services Agreement located at https:lradiantrfid.com/mssa/and the Privacy Policy located at https://radiantrfid.com/privacy_policV/(collectively with this Order the"Agreement"). In the event of a conflict between this Order and the online Master Software and Services Agreement,this Order shall control. Radiant RFID Confidential Page 2 of 3 M ♦ ♦ U.5.Gen efaI ServicesAdministrat€on AUTHORIZED INF ORMAT ION TECHNOLOGY SCHEDULE PRICEL IST GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE AND SERVICES On-line access to contract ordering information,terms and conditions,up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!®, a menu-driven database system.The INTERNET address GSA Advantage!®is: GSAAdvantaue.2ov. Note: Radiant RFID LLC wishes to participate under the Cooperative Purchasing and Recovery Purchasing programs.The following SINS are available to state and local governments: 33411,511210,54151, 54151S,611420,811212. Special Item No. 33411 Information Technology -IT Hardware Special Item No. 511210 Information Technology -IT Software Special Item No. 54151 Information Technology -IT Software Special Item No. 54151S Information Technology -IT Services Special Item No. 611420 Information Technology -IT Training Special Item No. 811212 Information Technology -IT Hardware RADIANT RFID LLC 1301 S Capital of TX Hwy Suite A300 Austin, TX 78746 Phone: 512-351-4915 Fax: 512-532-6712 www.radiantrfid.com Contract Number: GS- 35F- 0386V Business Size: Small DUNS: 619-08-3426 Period Covered by Contract: April 21,2009—April 22, 2024 General Services Administration Federal Acquisition Service Pricelist current through Modification 4PO-0047, dated 6/20/2019. Products and ordering information in this Authorized Information Technology Schedule Pricelist are also available on the GSA Advantage! System(http://www.gsaadvantage.gov). Radiant RFID,LLC GS-35F-0386V 1 SPECIAL ITEM NUMBER 811212 INFORMATION TECHNOLOGY-IT HARDWARE FSC/PSC Class W070 LEASE-RENT OF ADP EQ&SUPPLIES FSC/PSC Class W058 SPECIAL ITEM NUMBER 33411 INFORMATION TECHNOLOGY-1T HARDWARE FSC CLASS 7035-ADP SUPPORT EQUIPMENT ADP Support Equipment FSC CLASS 5895-MISCELLANEOUS COMMUNICATION EQUIPMENT Miscellaneous Communications Equipment NOTE: Installation must be incidental to,in conjunction with and in direct support of the products sold under SIN 33411 of this contract and cannot be purchased separately. If the construction,alteration or repair is segregable and exceeds$2,000,then the requirements of the Davis-Bacon Act apply. In applying the Davis-Bacon Act,ordering activities are required to incorporate wage rate determinations into orders,as applicable. SPECIAL ITEM NUMBER 811212-INFORMATION TECHNOLOGY-IT HARDWARE -Maintenance SPECIAL ITEM NUMBER 511210-INFORMATION TECHNOLOGY-IT SOFTWARE Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that are included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums,on-line help libraries and FAQs(Frequently Asked Questions),hosted chat rooms,and limited telephone,email and/or web-based general technical support for user's self diagnostics. Software maintenance as a product does NOT include the creation,design,implementation,integration,etc.of a software package. These examples are considered software maintenance as a service—which is categorized under a difference SIN(54151). FSC CLASS 7030-INFORMATION TECHNOLOGY SOFTWARE Large Scale Computers-Application Software Microcomputers-Application Software NOTE: Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item's interfaces may be identified as interoperable on the basis of participation in a Government agency- sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov. SPECIAL ITEM NUMBER 54151-INFORMATION TECHNOLOGY-IT SOFTWARE Software maintenance as a service creates,designs,implements,and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate:telephone support,on-line technical support,customized support, and/or technical expertise which are charged commercially. Software maintenance as a service is billed arrears in accordance with 31 U.S.C.3324. SPECIAL ITEM NUMBER 611420-INFORMATION TECHNOLOGY-IT TRAINING(FPDS Code U012) SPECIAL ITEM NUMBER 54151 S-INFORMATION TECHNOLOGY-IT SERVICES FPDS Code D302 IT Systems Development Services FPDS Code D307 Automated Information Systems Design and Integration Services FPDS Code D308 Programming Services FPDS Code D311 IT Data Conversion Services FPDS Code D399 Other Information Technology Services,Not Elsewhere Classified Radiant RFID, LLC GS-35F-0386V 2 TABLE OF CONTENTS im INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS .................................................................................................................................................................................4 TERMS AND CONDITIONS APPLICABLE TO DAILY/SHORT TERM RENTAL OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT(SPECIAL ITEM NUMBER811212)....................................................................................................................................................6 TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE,REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS FOR GOVERNMENT-OWNED GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT,RADIO/TELEPHONE EQUIPMENT,(AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS)AND FOR LEASED EQUIPMENT(SPECIAL ITEM NUMBER 811212)........................................................................................9 TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY NEW EQUIPMENT(SPECIAL ITEM NUMBER 33411)....................................................................................................................................................................... 14 TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES(SPECIAL ITEM NUMBER 511210 AND MAINTENANCE AS A SERVICE (SPECIAL ITEM NUMBER 54151) OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE...........................................................................................................................................................16 TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF TRAINING COURSES FOR GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE (SPECIAL ITEM NUMBER 611420).........................................................................................20 TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY(IT) PROFESSIONAL SERVICES(SPECIAL ITEM NUMBER 54151 S)...........................................................23 RADIANT RFID,LLC'S AUTHORIZED GSA PRICING..................................................................................28 Radiant RFID,LLC GS-35F-0386V 3 INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS la. Table of awarded special item number(s) (SIN) lb. Special Item Number 33411 -Information Technology-IT Hardware Special Item Number 511210 -Information Technology-IT Software Special Item Number 54151 -Information Technology-IT Software Special Item Number 54151 S -Information Technology -IT Services Special Item Number 611420 -Information Technology-IT Training Special Item Number 811212 -Information Technology-IT Hardware lc. Lowest priced model number and price for each SIN: See attached price list for details Id. Hourly Rates(Services Only): See attached price list for details. 2. Maximum order. The Maximum Order for the following Special Item Numbers(SINS)is S500,000: Special Item Number 33411 -Information Technology-IT Hardware Special Item Number 511210-Information Technology-IT Software Special Item Number 54151-information Technology-IT Software Special Item Number 54151 S-Information Technology-IT Services Special Item Number 611420- information Technology-IT Training Special Item Number 811212- Information Technology-IT Hardware The Maximum Order for the following Special Item Numbers(SINS)is S25,000: Special Item Number 611420- Information Technology -IT Training 3. Minimum order. $100.00 4. Geographic coverage(delivery area). The Geographic Scope of Contract will be domestic only. Domestic delivery is delivery within the 48 contiguous states,Alaska,Hawaii,Puerto Rico,Washington,DC,and U.S. Territories.Domestic delivery also includes a port or consolidation point,within the aforementioned areas,for orders received from overseas activities. 5. Point(s)of production(city,county,and State or foreign country). United States 6. Discount from list prices or statement of net price. Prices shown are NET Prices;Basic Discounts have been deducted. 7. Quantity discounts. None S. Prompt payment terms.0%-30 days from receipt of invoice or date of acceptance,whichever is later. 9a. Notification that Government purchase cards are accepted at or below the micro-purchase threshold. 9b. Notification whether Government purchase cards are accepted above the micro-purchase threshold. (See GSAR 552.232-79 Payment by Credit Card). In addition,bank account information for wire transfer payments will be shown on the invoice. 10. Foreign items(list items by country of origin).Not Applicable 1 la. Time of delivery. The Contractor shall deliver to destination within the number of calendar days after receipt of order(ARO), as set forth below SPECIAL ITEM NUMBER DELIVERY TIME(Days ARO) ALL SINS 45 Days Radiant RFID,LLC GS-35F-0386V 4 I lb. Expedited Delivery. Contact contractor for availability. 1 lc. Overnight and 2-day delivery. Contact contractor for availability and rates for overnight and 2-day delivery. 1 ld. Urgent Requirements. When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering activity,ordering activities are encouraged,if time permits,to contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable to the ordering activity,any order(s)placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract. 12. F.O.B.point(s). ALL SINS: Domestic Delivery Only 13a. Ordering address(es). Radiant RFID,LLC 1301 S Capital of TX Hwy,Suite A300 Austin,TX 78746 The following telephone number(s)can be used by ordering activities to obtain technical and/or ordering assistance: 512-351-4915 is available from 9am to 5pm CST. The preferred method of contact is email at support&radiantrfid.com 13b. Ordering procedures: For supplies and services,the ordering procedures,information on Blanket Purchase Agreements(BPA's) are found in Federal Acquisition Regulation(FAR) 8.405-3. 14. Payment address(es). Same as Ordering Address. 15. Warranty provision.ALL SINS: Radiant RFID,LLC offers our Standard Commercial Warranty on any services that we provide or any Radiant RFID manufactured products.For products that Radiant RFID is reselling,we offering the manufacturers' standard commercial warranty with an option to purchase an extended warranty. 16. Export packing charges,if applicable.Not Applicable 17. Terms and conditions of Government purchase card acceptance: See 9a and 9b above. 18. Terms and conditions of rental,maintenance,and repair(if applicable). See the Terms and Conditions for SINS 811212 and 54151 19. Terms and conditions of installation(if applicable). See the Terms and Conditions for SINS 33411 and 811212 20a. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices(if applicable). See the Terms and Conditions for SINS 811212 20b. Terms and conditions for any other services(if applicable). See the Terms and Conditions for SINS 54151, 611420 and 541515 20. List of service and distribution points(if applicable).Not Applicable 21. List of participating dealers(if applicable).Not Applicable 22. Preventive maintenance(if applicable). See the Terms and Conditions for SINS 811212 and 54151 24a. Special attributes such as environmental attributes(e.g.,recycled content,energy efficiency, and/or reduced pollutants).Not Applicable 24b. If applicable,indicate that Section 508 compliance information is available on Electronic and Information Technology (EIT) supplies and services and show where full details can be found (e.g. contractor's website or other location.) The EIT standards can be found at: www.radiantrfid.com. The EIT standard can be found at: www.Section508.gov/. 25. Data Universal Number System(DUNS)number. 619-08-3426 26. Notification regarding registration in System for Award Management(SAM) database. Radiant RFID, LLC GS-35F-0386V 5 TERMS AND CONDITIONS APPLICABLE TO DAILY/ SHORT TERM RENTAL OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT (SPECIAL ITEM NUMBER 811212) 1. STATEMENT a. It is understood by all parties to this contract that this is a daily or short-term rental arrangement. In the sense that someone would rent a car for a day or a week and lease it for one or more years,the intent of this Schedule pricelist is to provide for the rental of Information Technology products for brief periods of time for purposes such as disaster recovery,trade shows,short term training support or other short term requirements. If the ordering activity's requirement is likely to exceed six months,then other means of acquisition such as lease or purchase should be considered. b. Agencies are advised to follow the guidance provided in Federal Acquisition Regulation(FAR) Subpart 7.4 Equipment Lease or Purchase,and the guidelines provided in Federal Property Management Regulations (FPMR) 101-25.5 Guidelines for Making Purchase or Lease Determinations,in determining whether equipment should be acquired by purchase,lease or rental. 2. RENTAL ARRANGEMENTS a. In recognition of the types of products on this Schedule and the potential adverse impact to the ordering activity's mission,the ordering activity's quiet and peaceful possession and unrestricted use of the equipment shall not be disturbed in the event the equipment is sold by the Contractor,or in the event of bankruptcy of the Contractor, corporate dissolution of the Contractor,or other event, so long as the ordering activity is not in default. The equipment shall remain in the possession of the ordering activity until the expiration of the rental agreement. Any assignment, sale,bankruptcy, or other transfer of the rented equipment by the Contractor will not relieve the Contractor of its obligations to the ordering activity, and will not change the ordering activity's duties or increase the burdens or risks imposed on the ordering activity. b. GSAR 552.232-23 Assignment of Claims is incorporated herein by reference as part of this pricelist. 3. ORDERING PROCEDURE a. When an ordering activity wishes to place a rental order through this Schedule,the following information will be provided to the vendor: 1. The required products, 2. The required delivery date, 3. The term of the rental order,and 4. The location and intended use of the equipment. b. The vendor will respond with whether the equipment can be provided on the required delivery date. 4. MAINTENANCE AND INSTALLATION Maintenance is included in the charge for rental. The ordering activity may obtain installation from the Contractor or from other sources, including ordering activity performed installation and/or maintenance. Radiant RFID, LLC GS-35F-0386V 6 5. RENTAL PAYMENTS a. Rental payments are as stated in this pricelist. b. If the sum of the payments exceeds_ %of the stated initial value of the rented property,then ownership of the rented property transfers to the renting ordering activity. NOT APPLICABLE 6. ORDER END OPTION At the end of the order rental term,the ordering activity will return the equipment to the Contractor pursuant to paragraph 12 unless by written notice,at least three(3)days prior to expiration of the rental term,the ordering activity elects to extend the rental order. 7. UPGRADES AND ADDITIONS a. The ordering activity may affix or install any accessory, addition, upgrade, equipment or device on the equipment("additions") provided that such additions: (1) can be removed without causing material damage to the equipment, (2) do not reduce the value of the equipment;and (3) are obtained from or approved by the Contractor and are not subject to the interest of any third party other than the Contractor. b. Any other additions may not be installed without the Contractor's prior written consent. At the end of the rental term,the ordering activity shallremove any additions which: (1) were not rented from the Contractor,and (2) are readily removable without causing material damage or impairment of the intended function, use,or value of the equipment,and restore the equipment to its original configuration. C. Any Additions which are not so removable will become the Contractor's property (lien free). 8. RISK OF LOSS OR DAMAGE The ordering activity is relieved from all risk of loss or damage to the equipment during periods of transportation, installation,and during the entire time the equipment is in possession of the ordering activity, except when loss or damage is due to the fault or negligence of the ordering activity. The ordering activity shall assume risk of loss or damage to the equipment during relocation unless the Contractor shall undertake such relocation. 9. TITLE The rented property shall always remain the property of the Contractor. The ordering activity shall have no right or interest in the equipment except as provided in this rental Schedule and the rental order and shall hold the property subject and subordinate to the rights of the Contractor. 10. TAXES The Contractor is responsible for all state and local taxes. 11. DISCONTINUANCE AND TERMINATION Equipment rented under this agreement may be terminated at any time during a fiscal year in accordance with FAR 52.212-4, paragraph (1) Termination for the ordering activity's convenience. Radiant RFID, LLC GS-35F-0386V 7 12. RETURN OF EQUIPMENT a. Within three(3) days after the date of expiration or termination of rental order,the ordering activity shall,at its own risk and expense,have the equipment packed for shipment in accordance with the Contractor's specifications and shall return the equipment to the Contractor at the Contractor's facility nearest to the ordering activity location,in the same condition as when delivered,ordinary wear and tear excepted. b. Upon request by the ordering activity and at the ordering activity's expense,the Contractor shall assist in the deinstallation and packing of equipment so terminated or discontinued. Such services,if required, are outside the scope of the contract. C. The vendor shall conduct a timely inspection of the returned products and within 30 days of the return, assert any claim if the equipment condition exceeds normal wear and tear. Radiant RFID, LLC GS-35F-0386V 8 TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE, REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS FOR GOVERNMENT-OWNED GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, RADIOTELEPHONE EQUIPMENT, (AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS) AND FOR LEASED EQUIPMENT (SPECIAL ITEM NUMBER 811212) 1. SERVICE AREAS a. The maintenance and repair service rates listed herein are applicable to any ordering activity location within a.(**inseil miles**)mile radius of the Contractor 's service points. If any additional charge is to apply because of the greater distance from the Contractor's service locations,the mileage rate or other distance factor shall be negotiated at the Task Order level. b. When repair services cannot be performed at the ordering activity installation site,the repair services will be performed at the Contractor's plant(s) listed below: Radiant RFID. 1301 S Capital of TX Hwy. Suite A 300,Austin,TX 78746 2. MAINTENANCE ORDER a. Agencies may use written orders,EDI orders,credit card orders,or BPAs,for ordering maintenance under this contract. The Contractor shall confirm orders within fifteen(15)calendar days from the date of receipt,except that confirmation of orders shall be considered automatic for renewals for maintenance(Special Item Number 132- 12). Automatic acceptance of order renewals for maintenance service shall apply for machines which may have been discontinued from use for temporary periods of time not longer than 120 calendar days. If the order is not confirmed by the Contractor as prescribed by this paragraph,the order shall be considered to be confirmed by the Contractor. b. The Contractor shall honor orders for maintenance for the duration of the contract period or a lessor period of time,for the equipment shown in the pricelist. Maintenance service shall commence on a mutually agreed upon date,which will be written into the maintenance order. Maintenance orders shall not be made effective before the expiration of any applicable maintenance and parts guarantee/warranty period associated with the purchase of equipment. Orders for maintenance service shall not extend beyond the end of the contract period. C. Maintenance may be discontinued by the ordering activity on thirty (30)calendar days written notice,or shorter notice when agreed to by the Contractor; such notice to become effective thirty(30)calendar days from the date on the notification. However,the ordering activity may extend the original discontinuance date upon written notice to the Contractor,provided that such notice is furnished at least ten(10)calendar days prior to the original discontinuance date. d. Annual Funding. When annually appropriated funds are cited on a maintenance order,the period of maintenance shall automatically expire on September 30th of the contract period,or at the end of the contract period, whichever occurs first. Renewal of a maintenance order citing the new appropriation shall be required, if maintenance is to continue during any remainder of the contract period. e. Cross-year Funding Within Contract Period. Where an ordering activity's specific appropriation authority provides for funds in excess of a 12 month,fiscal year period,the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period,notwithstanding the intervening fiscal years. f Ordering activities should notify the Contractor in writing thirty(30)calendar days prior to the expiration of maintenance service,if maintenance is to be terminated at that time. Orders for continued maintenance will be required if maintenance is to be continued during the subsequent period. Radiant RFID, LLC GS-35F-0386V 9 3. REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS ORDERS a. Agencies may use written orders,EDI orders, credit card orders,blanket purchase agreements (BPAs),or small order procedures for ordering repair service and/or repair parts/spare parts under this contract. Orders for repair service shall not extend beyond the end of the contract period. b. When repair service is ordered,only one chargeable repairman shall be dispatched to perform repair service, unless the ordering activity agrees, in advance, that additional repair personnel are required to effect repairs. 4. LOSS OR DAMAGE When the Contractor removes equipment to his establishment for repairs,the Contractor shall be responsible for any damage or loss,from the time the equipment is removed from the ordering activity installation,until the equipment is returned to such installation. 5. SCOPE a. The Contractor shall provide maintenance for all equipment listed herein,as requested by the ordering activity during the contract term. Repair service and repair parts/spareparts shall apply exclusively to the equipment types/models within the scope of this Information Technology Schedule. b. Equipment placed under maintenance service shall be in good operating condition. (1) In order to determine that the equipment is in good operating condition, the equipment shall be subject to inspection by the Contractor,without charge to the ordering activity. (2) Costs of any repairs performed for the purpose of placing the equipment in good operating condition shall be borne by the Contractor,if the equipment was under the Contractor's guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance order. (3) If the equipment was not under the Contractor's responsibility, the costs necessary to place the equipment in proper operating condition are to be borne by the ordering activity,in accordance with the provisions of Special Item Number 811212(or outside the scope of this contract). C. RESPONSIBILITIES OF THE ORDERING ACTIVITY a. Ordering activity personnel shall not perform maintenance or attempt repairs to equipment while such equipment is under the purview of a maintenance order,unless agreed to by the Contractor. b. Subject to security regulations,the ordering activity shall permit access to the equipment which is to be maintained or repaired. C. If the Ordering Activity desires a factory authorized/certified service personnel then this should be clearly stated in the task or delivery order. 7. RESPONSIBILITIES OF THE CONTRACTOR a. For equipment not covered by a maintenance contract or warranty,the Contractor's repair service personnel shall complete repairs as soon as possible after notification by the ordering activity that service is required. Within the service areas,this repair service should normally be done within 4 hours after notification. b. If the Ordering Activity task or delivery order specifies a factory authorized/certified service personnel then the Contractor is obligated to provide such a factory authorized/certified service personnel for the equipment to be repaired or serviced,unless otherwise agreed to in advance between the Agency and the Contractor. Radiant RFID, LLC GS-35F-0386V 10 8. MAINTENANCE RATE PROVISIONS a. The Contractor shall bear all costs of maintenance, including labor,parts, and such other expenses as are necessary to keep the equipment in good operating condition,provided that the required repairs are not occasioned by fault or negligence of the ordering activity. b. REGULAR HOURS The basic monthly rate for each make and model of equipment shall entitle the ordering activity to maintenance service during a mutually agreed upon nine(9)hour principal period of maintenance, Monday through Friday, exclusive of holidays observed at the ordering activity location. C. AFTER HOURS Should the ordering activity require that maintenance be performed outside of Regular Hours,charges for such maintenance, if any, will be specified in the pricelist. Periods of less than one hour will be prorated to the nearest quarter hour. d. TRAVEL AND TRANSPORTATION If any charge is to apply,over and above the regular maintenance rates,because of the distance between the ordering activity location and the Contractor's service area,the charge will be negotiated at the Task Order level. NOT APPLICABLE e. QUANTITY DISCOUNTS Quantity discounts from listed maintenance service rates for multiple equipment owned and/or leased by a ordering activity are indicated below: Quantity Range Discounts NOT APPLICABLE Units % Units % 9. REPAIR SERVICE RATE PROVISIONS a. CHARGES. Charges for repair service will include the labor charge, computed at the rates set forth below, for the time during which repairmen are actually engaged in work,and,when applicable,the charge for travel or transportation. b. MULTIPLE MACHINES. When repairs are ordered by a ordering activity on two or more machines located in one or more buildings within walking distance of each other,the charges will be computed from the time the repairman commences work on the first machine,until the work is completed on the last machine. The time required to go from one machine to another,or from one building to another,will be considered actual work performance,and chargeable to the ordering activity,provided the time consumed in going between machines (or buildings)is reasonable. c. TRAVEL OR TRANSPORTATION (1) AT THE CONTRACTOR'S SHOP (a) When equipment is returned to the Contractor's shop for adjustments or repairs which are not covered by the guarantee/warranty provision,the cost of transportation,packing, etc., from the ordering activity location to the Contractor's plant,and return to the ordering activity location,shall be borne by the ordering activity. (b) The ordering activity should not return defective equipment to the Contractor for adjustments and repairs or replacement without his prior consultation and instruction. (2) AT THE ORDERING ACTIVITY LOCATION (Within Established Service Areas) Radiant RFID, LLC GS-35F-0386V 11 When equipment is repaired at the ordering activity location,and repair service rates are established for service areas or zones, the listed rates are applicable to any ordering activity location within such service areas or zones. No extra charge, time, or expense will be allowed for travel or transportation of repairmen or machines to or from the ordering activity office; such overhead is included in the repair service rates listed. (3) AT THE ORDERING ACTIVITY LOCATION (Outside Established Service Areas) (a) If repairs are to be made at the ordering activity location, and the location is outside the service area as shown inparagraph 1.a,the repair service and mileage rates negotiatedper subparagraphs l.a and 8.d will apply. (b) When the overall travel charge computed at the above mileage rate is unreasonable (considering the time required for travel, actual and necessary transportation costs,and the allowable ordering activity per diem rate for each night the repairman is required to remain overnight at the ordering activity location),the ordering activity shall have the option of reimbursing the Contractor for actual costs,provided that the actual costs are reasonable and allowable. The Contractor shall furnish the ordering activity with a report of travel performed and related expenses incurred. The report shall include departure and arrival dates,times,and the applicable mode of travel. d. LABOR RATES (1) REGULAR HOURS The Regular Hours repair service rates listed herein shall entitle the ordering activity to repair service during the period 8:00 a.m. to 5:00 p.m.,Monday through Friday,exclusive of holidays observed at the ordering activity location. There shall be no additional charge for repair service which was requested during Regular Hours,but performed outside the Regular Hours defined above,at the convenience of the Contractor. (2) AFTER HOURS When the ordering activity requires that repair service be performed outside the Regular Hours defined above, except Sundays and Holidays observed at the ordering activity location, the After Hours repair service rates listed herein shall apply. The Regular Hours rates defined above shall apply when repair service is requested during Regular Hours,but performed After Hours at the convenience of the Contractor. (3) SUNDAYS AND HOLIDAYS When the ordering activity requires that repair service be performed on Sundays and Holidays observed at the ordering activity location,the Sundays and Holidays repair service rates listed herein shall apply. When repair service is requested to be performed during Regular Hours and/or After Hours,but is performed at the convenience of the Contractor on Sundays or Holidays observed at the ordering activity location, the Regular Hours and/or After Hours repair service rates,as applicable, shall apply. REPAIR SERVICE RATES REGULAR AFTER SUNDAYS AND MINIMUM HOURS HOURS HOLIDAYS LOCATION CHARGE* PER HOUR** PER HOUR** PER HOUR CONTRACTOR'S SHOP 250 125 125 ORDERING ACTIVITY LOCATION (WITHIN ESTABLISHED SERVICE AREAS) 250 ORDERING ACTIVITY LOCATION (OUTSIDE ESTABLISHED SERVICE AREAS) 250 *MINIMUM CHARGES INCLUDE i FULL HOURS ON THE JOB. **FRACTIONAL HOURS,AT THE END OF THE JOB, WILL BE PRORATED TO THE NEAREST QUARTER HOUR. Radiant RFID, LLC GS-35F-0386V 12 10. REPAIR PARTS/SPARE PARTS RATE PROVISIONS All parts,furnished as spares or as repair parts in connection with the repair of equipment,unless otherwise indicated in this pricelist, shall be new, standard parts manufactured by the equipment manufacturer. All parts shall be furnished at prices indicated in the Contractor's commercial pricelist dated June 2011,at a discount of 0% from such listed prices. 11. GUARANTEE/WARRANTY-REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS a. REPAIR SERVICE All repair work will be guaranteed/warranted for a period of the life of their maintenance agreement. b. REPAIR PARTS/SPARE PARTS All parts,furnished either as spares or repairs parts will be guaranteed/warranted for a period stated on our GSA proposed pricelist- dependent on Manufacturer. 12. INVOICES AND PAYMENTS a. Maintenance Service (1) Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis,after the completion of such period. Maintenance charges must be paid in arrears(31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. (2) Payment for maintenance service of less than one month's duration shall beprorated at 1130th of the monthly rate for each calendar day. b. Repair Service and Repair Parts/Spare Parts Invoices for repair service and parts shall be submitted by the Contractor as soon as possible after completion of work. Payment under blanket purchase agreements will be made quarterly or monthly, except where cash payment procedures are used. Invoices shall be submitted separately to each ordering activity office ordering services under the contract. The cost of repair parts shall be shown as a separate item on the invoice, and shall be priced in accordance with paragraph 410,above. PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. Radiant RFID, LLC GS-35F-0386V 13 TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY NEW EQUIPMENT(SPECIAL ITEM NUMBER 33411) 1. MATERIAL AND WORKMANSHIP All equipment furnished hereunder must satisfactorily perform the function for which it is intended. 2. ORDER Written orders,EDI orders(GSA Advantage! and FACNET), credit card orders,and orders placed under blanket purchase agreements (BPA)agreements shall be the basis for purchase in accordance with the provisions of this contract. If time of delivery extends beyond the expiration date of the contract,the Contractor will be obligated to meet the delivery and installation date specified in the original order. For credit card orders and BPAs,telephone orders are permissible. 3. TRANSPORTATION OF EQUIPMENT FOB DESTINATION. Prices cover equipment delivery to destination, for any location within the geographic scope of this contract. 4. INSTALLATION AND TECHNICAL SERVICES a. INSTALLATION. When the equipment provided under this contract is not normally self-installable,the Contractor's technical personnel shall be available to the ordering activity,at the ordering activity's location,to install the equipment and to train ordering activity personnel in the use and maintenance of the equipment. The charges,if any,for such services are listed below, or in the price schedule: Eauinment is self installable b. INSTALLATION,DEINSTALLA TION,REINSTALLA TION. The Davis-Bacon Act(40 U.S.C. 276a-276a- 7)provides that contracts in excess of$2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair(including painting and decorating)of public buildings or public works with the United States,shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis- Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example,the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However,if the construction,alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act applies. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation,deinstallation,and reinstallation services under SIN 33411. C. OPERATING AND MAINTENANCE MANUALS. The Contractor shall furnish the ordering activity with one(1)copy of all operating and maintenance manuals which are normally provided with the equipment being purchased. 5. INSPECTION/ACCEPTANCE The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any equipment that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming equipment at no increase in contract price. The ordering activity must exercise its post acceptance rights (1)within a reasonable time after the defect was Radiant RFID, LLC GS-35F-0386V 14 discovered or should have been discovered;and (2)before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 6. WARRANTY a. Unless specified otherwise in this contract,the Contractor's standard commercial warranty as stated in the contract's commercial pricelist will apply to this contract. We will provide our standard commercial warranty on any services that we provide or any Radiant RFID manufactured products.For products that Radiant RFID is reselling,we are offering the manufacturers' standard commercial warranty. b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. C. Limitation of Liability. Except as otherwise provided by an express or implied warranty,the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant,the address is as follows: Radiant RFID, 1301 S Capital of TX Hwy.Suite A 300,Austin,TX 78746 7. PURCHASE PRICE FOR ORDERED EQUIPMENT The purchase price that the ordering activity will be charged will be the ordering activity purchase price in effect at the time of order placement,or the ordering activity purchase price in effect on the installation date(or delivery date when installation is not applicable), whichever is less. 8. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws,ordinances,and regulations (Federal, State,City or otherwise) covering work of this character,and shall include all costs,if any,of such compliance in the prices quoted in this offer. 9. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT When an ordering activity determines that Information Technology equipment will be replaced,the ordering activity shall follow the contracting policies and procedures in the Federal Acquisition Regulation (FAR),the policies and procedures regarding disposition of information technology excess personal property in the Federal Property Management Regulations(FPMR)(41 CFR 101-43.6),and the policies and procedures on exchange/sale contained in the FPMR (41 CFR part 101-46). Radiant RFID, LLC GS-35F-0386V 15 TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES (SPECIAL ITEM NUMBER 511210 AND MAINTENANCE AS A SERVICE (SPECIAL ITEM NUMBER 54151) OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE 1. INSPECTION/ACCEPTANCE The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its post acceptance rights (1)within a reasonable time after the defect was discovered or should have been discovered; and(2)before any substantial change occurs in the condition of the software, unless the change is due to the defect in the software. 2. GUARANTEE/WARRANTY a. Unless specified otherwise in this contract,the Contractor's standard commercial guarantee/warranty as stated in the contract's commercial pricelist will apply to this contract. b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. C. Limitation of Liability. Except as otherwise provided by an express or implied warranty,the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. 3. TECHNICAL SERVICES The Contractor,without additional charge to the ordering activity, shall provide a hot line technical support number 512-351-4915 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 9am- 5nm CST.Preferred method of contacting Radiant RFID is emailing sap ortkradiantrfid.com 4. SOFTWARE MAINTENANCE a. Software maintenance as it is defined: (select software maintenance type): 1. Software Maintenance as a Product(SIN 511210) Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that are included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user biogs,discussion forums, on-line help libraries and FAQs (Frequently Asked Questions),hosted chat rooms,and limited telephone, email and/or web-based general technical support for user's self diagnostics. Software maintenance as a product does NOT include the creation, design, implementation, integration,etc. of a software package. These examples are considered software maintenance as a service. Software Maintenance as a product is billed at the time of purchase. Radiant RFID, LLC GS-35F-0386V 16 X 2. Software Maintenance as a Service(SIN 54151) Software maintenance as a service creates,designs, implements, and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate:telephone support,on-line technical support,customized support,and/or technical expertise which are charged commercially. Software maintenance as a service is billed arrears in accordance with 31 U.S.C. 3324. Software maintenance as a service is billed in arrears in accordance with 31 U.S.C. 3324. b. Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis,after the completion of such period. Maintenance charges must be paid in arrears(31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. 5. PERIODS OF TERM LICENSES(SIN 511210)AND MAINTENANCE (SIN 54151) a. The Contractor shall honor orders for periods for the duration of the contract period or a lessor period of time. b. Term licenses and/or maintenance may be discontinued by the ordering activity on thirty (30)calendar days written notice to the Contractor. C. Annual Funding. When annually appropriated funds are cited on an order for term licenses and/or maintenance,the period of the term licenses and/or maintenance shall automatically expire on September 30 of the contract period,or at the end of the contract period,whichever occurs first. Renewal of the term licenses and/or maintenance orders citing the new appropriation shall be required,if the term licenses and/or maintenance is to be continued during any remainder of the contract period. d. Cross-Year Funding Within Contract Period. Where an ordering activity's specific appropriation authority provides for funds in excess of a 12 month(fiscal year)period,the ordering activity may place an order under this schedule contract for aperiod up to the expiration of the contract period,notwithstanding the intervening fiscal years. e. Ordering activities should notify the Contractor in writing thirty(30)calendar days prior to the expiration of an order,if the term licenses and/or maintenance is to be terminated at that time. Orders for the continuation of term licenses and/or maintenance will be required if the term licenses and/or maintenance is to be continued during the subsequent period. 6. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE NOT APPLICABLE a. The ordering activity may convert term licenses to perpetual licenses for any or all software at any time following acceptance of software. At the request of the ordering activity the Contractor shall furnish,within ten(10) calendar days,for each software product that is contemplated for conversion,the total amount of conversion credits which have accrued while the software was on a term license and the date of the last update or enhancement. b. Conversion credits which are provided shall,within the limits specified, continue to accrue from one contract period to the next,provided the software remains on a term license within the ordering activity. C. The term license for each software product shall be discontinued on the day immediately preceding the effective date of conversion from a term license to a perpetual license. d. The price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was initially ordered under a term license,or the perpetual license price prevailing at the time of conversion from a term license to a perpetual license, whichever is the less,minus an amount equal to %of all term license payments during the period that the software was under a term license within the ordering activity . Radiant RFID, LLC GS-35F-0386V 17 7. TERM LICENSE CESSATION NOT APPLICABLE a. After a software product has been on a continuous term license for a period of *months,a fully paid-up,non-exclusive,perpetual license for the software product shall automatically accrue to the ordering activity. The period of continuous term license for automatic accrual of a fully paid-up perpetual license does not have to be achieved during aparticular fiscal year;it is a written Contractor commitment which continues to be available for software that is initially ordered under this contract,until a fully paid-up perpetual license accrues to the ordering activity. However,should the term license of the software be discontinued before the specified period of the continuous term license has been satisfied, the perpetual license accrual shall be forfeited. b. The Contractor agrees to provide updates and maintenance service for the software after a perpetual license has accrued,at the prices and terms of Special Item Number 54151,if the licensee elects to order such services. Title to the software shall remain with the Contractor. 8. UTILIZATION LIMITATIONS-(SIN 511210 AND SIN 54151) a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101. b. When acquired by the ordering activity, commercial computer software and related documentation so legend shall be subject to the following: (1) Title to and ownership of the software and documentation shall remain with the Contractor, unless otherwise specified. (2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the ordering activity (service,bureau,division,command,etc.)that has access to the site the software is placed at,even if the subdivision did not participate in the acquisition of the software. Further,the software may be used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use ofthe software placed at one ordering activity's site. This would allow other agencies access to one ordering activity's database. For ordering activity public domain databases,user agencies and third parties may use the computer program to enter,retrieve, analyze and present data. The user ordering activity will take appropriate action by instruction,agreement,or otherwise,to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section,all such permitted third parties shall be deemed agents of the user ordering activity. (3) Except as is provided in paragraph 8.b(2)above,the ordering activity shall not provide or otherwise make available the software or documentation,or any portion thereof, in any form,to any third party without the prior written approval of the Contractor. Third parties do not include prime Contractors,subcontractors and agents of the ordering activity who have the ordering activity's permission to use the licensed software and documentation at the facility, and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use software,documentation,or information therein, which the ordering activity may already have or obtains without restrictions. (4) The ordering activity shall have the right to use the computer software and documentation with the computer for which it is acquired at any other facility to which that computer may be transferred,or in cases of Disaster Recovery,the ordering activity has the right to transfer the software to another site if the ordering activity site for which it is acquired is deemed to be unsafe for ordering activity personnel;to use the computer software and documentation with a backup computer when the primary computer is inoperative; to copy computer programs for safekeeping(archives)or backup purposes,to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software;and to modify the software and documentation or combine it with other software,provided that the unmodified portions shall remain subject to these restrictions. (5) "Commercial Computer Software" may be marked with the Contractor's standard commercial restricted rights legend,but the schedule contract and schedule pricelist,including this clause, "Utilization Radiant RFID, LLC GS-35F-0386V 18 Limitations" are the only governing terms and conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard commercial legend. 9. SOFTWARE CONVERSIONS -(SIN 511210) NOT APPLICABLE Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as the result of a change in operating system,or from one computer system to another. Under a perpetual license,the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term license(511210), conversion credits which accrued while the earlier version was under a term license shall carry forward and remain available as conversion credits which may be applied towards the perpetual license price of the new version. 10. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY The Contractor shall include,in the schedule pricelist,a complete description of each software product and a list of equipment on which the software can be used. Also,included shall be a brief, introductory explanation of the modules and documentation which are offered. 11. RIGHT-TO-COPY PRICING NOT APPLICABLE The Contractor shall insert the discounted pricing for right-to-copy licenses. Radiant RFID, LLC GS-35F-0386V 19 TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF TRAINING COURSES FOR GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE (SPECIAL ITEM NUMBER 611420) 1. SCOPE a. The Contractor shall provide training courses normally available to commercial customers,which will permit ordering activity users to make full,efficient use of general-purpose commercial IT products. Training is restricted to training courses for those products within the scope of this solicitation. b. The Contractor shall provide training at the Contractor's facility and/or at the ordering activity's location,as agreed to by the Contractor and the ordering activity. 2. ORDER Written orders,EDI orders(GSA Advantage! and FACNET),credit card orders,and orders placed under blanket purchase agreements (BPAs)shall be the basis for the purchase of training courses in accordance with the terms of this contract. Orders shall include the student's name, course title, course date and time,and contracted dollar amount of the course. 3. TIME OF DELIVERY The Contractor shall conduct training on the date(time,day,month,and year)agreed to by the Contractor and the ordering activity. 4. CANCELLATION AND RESCHEDULING a. The ordering activity will notify the Contractor at least seventy-two (72)hours before the scheduled training date,if a student will be unable to attend. The Contractor will then permit the ordering activity to either cancel the order or reschedule the training at no additional charge. In the event the training class is rescheduled, the ordering activity will modify its original training order to specify the time and date of the rescheduled training class. b. In the event the ordering activity fails to cancel or reschedule a training course within the time frame specified in paragraph a,above,the ordering activity will be liable for the contracted dollar amount of the training course. The Contractor agrees to permit the ordering activity to reschedule a student who fails to attend a training class within ninety (90)days from the original course date,at no additional charge. C. The ordering activity reserves the right to substitute one student for another up to the first day of class. d. In the event the Contractor is unable to conduct training on the date agreed to by the Contractor and the ordering activity,the Contractor must notify the ordering activity at least seventy-two(72)hours before the scheduled training date. 5. FOLLOW-UP SUPPORT The Contractor agrees to provide each student with unlimited telephone support or online support for a period of one (1)year from the completion of the training course. During this period,the student may contact the Contractor's instructors for refresher assistance and answers to related course curriculum questions. Radiant RFID, LLC GS-35F-0386V 20 6. PRICE FOR TRAINING The price that the ordering activity will be charged will be the ordering activity training price in effect at the time of order placement,or the ordering activity price in effect at the time the training course is conducted,whichever is less. 7. INVOICES AND PAYMENT Invoices for training shall be submitted by the Contractor after ordering activity completion of the training course. Charges for training must be paid in arrears(31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. 8. FORMAT AND CONTENT OF TRAINING a. The Contractor shall provide written materials(i.e.,manuals,handbooks,texts,etc.)normally provided with course offerings. Such documentation will become the property of the student upon completion of the training class. b. **If applicable**For hands-on training courses,there must be a one-to-one assignment of IT equipment to students. C. The Contractor shall provide each student with a Certificate of Training at the completion of each training course. d. The Contractor shall provide the following information for each training course offered: (1) The course title and a brief description of the course content,to include the course format(e.g., lecture, discussion,hands-on training); (2) The length of the course; (3) Mandatory and desirable prerequisites for student enrollment; (4) The minimum and maximum number of students per class; (5) The locations where the course is offered; (6) Class schedules;and (7) Price (per student,per class (if applicable)). e. For those courses conducted at the ordering activity' s location,instructor travel charges(if applicable), including mileage and daily living expenses(e.g.,per diem charges)are governed by Pub. L. 99-234 and FAR Part 31.205-46,and are reimbursable by the ordering activity on orders placed under the Multiple Award Schedule,as applicable, in effect on the date(s)the travel is performed. Contractors cannot use GSA city pair contracts. The Industrial Funding Fee does NOT apply to travel and per diem charges. f. For Online Training Courses,a copy of all training material must be available for electronic download by the students. 9. "NO CHARGE"TRAINING The Contractor shall describe any training provided with equipment and/or software provided under this contract,free of charge, in the space provided below. NOT APPLICABLE Radiant RFID, LLC GS-35F-0386V 21 10. TRAINING COURSE DESCRIPTIONS: RADIANT EVACUATION TRACKING TRAINING COURSE I 1) Course Description: This is an instructor-led training program designed to provide students with the insight, knowledge and skills necessary to deploy and utilize the Radiant Evacuation Tracking System. The course is divided into modules, each pertaining to a specific functional aspect of the Evacuation System. The modular design of the course fosters the concept of incremental learning and allows instructors to customize the presentation of the material based on the needs and respective roles of the students. The modules include: • Introduction: History,Development and System Management • Enrollment • Embarkation • Fuel/Rest Stops • Shelter-City Reception • Shelter Reception • Air/Medical Reception • Repatriation • System-support and Maintenance The instructional modalities of the course include lecture,practical applications and objective-based exercises.A secondary series of objective-based exercises also serve as a learning assessment, given that no written test is required. 2) Length and Type of Course: This is an 8-hour instructor led course. 3) Prerequisites (if applicable): None 4) Minimum/Maximum Number of Students: There is no minimum-attendance requirement, although it is far more cost efficient for hosting entities to include as many students as possible. The maximum attendance is 20 students,primarily due to individual instruction needs and student-assessment components of the course. 5) Class Schedule and Location: To be determined depending on customer need. 6) Materials Necessary (Included in cost): Each participant willreceive a course guide and related collateral materials. All courses will be presented using the actual components of the system, including laptop computers, wristbands, scanners,RFID portals and related accessories. 7) Travel: Travel is included for up to 200 miles from Radiant's headquarters in Austin Texas. Additional travel fees may apply depending on location. Radiant RFID, LLC GS-35F-0386V 22 TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT) PROFESIONAL SERVICES (SPECIAL ITEM NUMBER 54151S) ****NOTE:All non-professional labor categories must be incidental to, and used solely to support professional services, and cannot be purchased separately. 1. SCOPE a. The prices,terms and conditions stated under Special Item Number 54151 S Information Technology -IT Services apply exclusively to IT Services within the scope of this Information Technology Schedule. b. The Contractor shall provide services at the Contractor's facility and/or at the ordering activity location, as agreed to by the Contractor and the ordering activity. 2. PERFORMANCE INCENTIVES I-FSS-60 Performance Incentives(April 2000) a. Performance incentives may be agreed upon between the Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract. b. The ordering activity must establish a maximum performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements. C. Incentives should be designed to relate results achieved by the contractor to specified targets. To the maximum extent practicable, ordering activities shall consider establishing incentives where performance is critical to the ordering activity's mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks. 3. ORDER a. Agencies may use written orders,EDI orders, blanket purchase agreements, individual purchase orders,or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period;all services and delivery shall be made,and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation- May 2003)Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence. 4. PERFORMANCE OF SERVICES a. The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity. b. The Contractor agrees to render services only during normal working hours,unless otherwise agreed to by the Contractor and the ordering activity. C. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner. d. Any Contractor travel required in the performance of IT Services must comply with the Federal Travel Regulation or Joint Travel Regulations,as applicable,in effect on the date(s)the travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts. Radiant RFID, LLC GS-35F-0386V 23 5. STOP-WORK ORDER(FAR 52.242-15) (AUG 1989) (a) The Contracting Officer may,at any time,by written order to the Contractor,require the Contractor to stop all,or any part,of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor,and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order,the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either- (1) Cancel the stop-work order;or (2) Terminate the work covered by the order as provided in the Default,or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires,the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing,accordingly, if- (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to,the performance of any part of this contract;and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;provided,that,if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government,the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default,the Contracting Officer shall allow,by equitable adjustment or otherwise,reasonable costs resulting from the stop-work order. 6. INSPECTION OF SERVICES In accordance with FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIALITEMS (MAR 2009)(DEVIATION I-FEB 2007)for Firm-Fixed Price orders and FAR 52.212-4 CONTRACT TERMS AND CONDITIONS -COMMERCIAL ITEMS (MAR 2009)(ALTERNATE I- OCT 2008) (DEVIATION I- FEB 2007) applies to Time-and-Materials and Labor-Hour Contracts orders placed under this contract. 7. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws,ordinances,and regulations (Federal, State,City,or otherwise)covering work of this character. If the end product of a task order is software,then FAR 52.227-14 (Dec 2007)Rights in Data - General, may apply. 8. RESPONSIBILITIES OF THE ORDERING ACTIVITY Subject to security regulations,the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT Professional Services. Radiant RFID, LLC GS-35F-0386V 24 9. INDEPENDENT CONTRACTOR All IT Professional Services performed by the Contractor under the terms of this contract shall be as an independent Contractor,and not as an agent or employee of the ordering activity. 10. ORGANIZATIONAL CONFLICTS OF INTEREST a. Definitions. "Contractor" means the person,firm,unincorporated association,joint venture,partnership,or corporation that is a party to this contract. "Contractor and its affiliates" and "Contractor or its affiliates"refers to the Contractor,its chief executives, directors, officers, subsidiaries,affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor,any entity into or with which the Contractor subsequently merges or affiliates,or any other successor or assignee of the Contractor. An"Organizational conflict of interest" exists when the nature of the work to be performed under a proposed ordering activity contract,without some restriction on ordering activities by the Contractor and its affiliates, may either(i)result in an unfair competitive advantage to the Contractor or its affiliates or(ii)impair the Contractor's or its affiliates' objectivity in performing contract work. b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity,ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors,subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid,neutralize,or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations, which may require restrictions,are provided at FAR 9.508. 11. INVOICES The Contractor,upon completion of the work ordered, shall submit invoices for IT Professional Services.Progress payments may be authorized by the ordering activity on individual orders if appropriate.Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month. 12. PAYMENTS For firm-fixed price orders the ordering activity shall pay the Contractor,upon submission of proper invoices or vouchers,the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time-and-materials orders,the Payments under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4 (MAR 2009) (ALTERNATE I- OCT 2008) (DEVIATION I- FEB 2007) applies to time-and-materials orders placed under this contract. For labor-hour orders, the Payment under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4 (MAR 2009)(ALTERNATE I- OCT 2008) (DEVIATION I - FEB 2007) applies to labor-hour orders placed under this contract. 52.216-31(Feb 2007) Time- and-Materials/Labor-Hour Proposal Requirements-Commercial Item As prescribed in 16.60 1(e)(3), insert the following provision: (a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation. (b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses,and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by- (1) The offeror; (2) Subcontractors;and/or Radiant RFID, LLC GS-35F-0386V 25 (3) Divisions,subsidiaries,or affiliates of the offeror under a common control. 13. RESUMES Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request. 14. INCIDENTAL SUPPORT COSTS Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR. 15. APPROVAL OF SUBCONTRACTS The ordering activity may require that the Contractor receive, from the ordering activity's Contracting Officer,written consent before placing any subcontract for furnishing any of the work called for in a task order. 16. DESCRIPTION OF IT PROFESSIONAL SERVICES AND PRICING JOB TITLE: Project Manager Minimum/General Experience: A minimum of two years of applicable project management experience is required. Must have aproven background of strong organizational skills and be able to lead and manage a group of technicians. Experience working with both technical and non-technical personnel simultaneously is essential. The Project Manager must have experience working with multiple projects simultaneously with strict deadlines. Functional Responsibility: The Project Manager is responsible for the management of all organizational aspects of aproject, assuring customer requirements are met. The Project Manager will function as the leader,manager,and coordinator of all contributing disciplines and resources in the completion of projects. Engage in such activities as: assigning tasks; establishing and maintaining task schedules; maintaining liaison between appropriate technical and deployment personnel and the customer to ensure effective coordination of all project efforts;prepares and adheres to project cost and staffing plans;prepares plans, proposals, and briefings. Also provides management of contract administration and company representation with customers and subcontractors as required. Minimum Education: Bachelor's degree from an accredited university in arelevant field. JOB TITLE: Technology Specialist I Minimum/General Experience: A minimum of ten years technical experience that is applicable to RFID technology and/orrelated information technology projects. Requires knowledge of RFID technology, enterprise software architecture and integration,databases, system design,technical teams, and product management Functional Responsibility: The RFID Specialist I is responsible for defining the micro and macro requirements of aproject. This will include case definition,functional solution design definition,technical solution definition,deployment definition, and supply and resource definition. The RFID Specialist I is responsible for software application architecture, system solution design, software application quality assurance,instillation and deployment of RFID software application remotely or at customer location, and Radiant RFID, LLC GS-35F-0386V 26 high level documentation of project for security purposes. Additionally,the RFID Specialist I will manage complete hardware installation and set-up/provide onsite and on-call technical support. Minimum Education: This position requires a PhD in a technical field. *In lieu of PhD, employee may have 5 additional years ofproven RFID related work experience. JOB TITLE: Technology Specialist II Minimum/General Experience: A minimum of four years of technical experience directly related to RFID technology or information technology projects. Functional Responsibility: The RFID Specialist II is responsible for performing the site survey, selecting the appropriate RFID hardware needed,preparing the RFID solution,tuning the needed RFID devices for deployment,testing deployment ready RFID hardware,tag selection,installing of RFID hardware at customer location, and training client on hardware and software ability. Additionally,provides onsite and on-call customer support Minimum Education: Bachelor's degree in technical field is required. JOB TITLE: Technician Minimum/General Experience: A minimum of one year of technical experience directly related to RFID technology or information technology projects. In lieu of specialized experience; successful completion of manufacturers training program as well as successful completion of Radiant RFID specific software training. General information technology background still required. Functional Responsibility: The RFID Technician is responsible for completing hardware installation and set-up,providing onsite and on-call customer support,provides RFID tagging support, and providing general assistance to the RFID Specialist I and II. Minimum Education: A Bachelor's Degree is required for this position. *In lieu of Bachelor's degree, we will accept a High School diploma with successful completion of equipment manufacturers RFID training as well as successful completion of Radiant RFID specific software training. 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U- '6 L E 7 Q an = C m Q) b0 Q) N m O- C C :++ O_ m — O_ of aJ O > a) C '>. > .� C m c vi - O cCa a) c m E C U +, OL >, U o O W .0Y an (� m C — a) a) N C F 00 LL LL Q t7 aj on � o o a m m m Q a) E bD o m CL o c C\7 0 Q) a m 0 Cu Q L E � o � o c U u o E c a) o — E .E m m c °c° L cc o E o on _u oa o �' a .� ate) -OW c 7 am+ �., u U L O ._ ._ o •E C OA a) •N m u Ln L cmJ E Y ` .- O E °J c — c v 'E u s •U c E v c 3 v aui c maCT c " E E .� Q m y U ° 0 L o w o 0 0 C U C U- L Vt y� m m m C: Q 0 + o a) m O 6 O OL m L L N d � N Q � LC w LL LL C C C m m m Ln Ln Ln ci ci ci Ln Ln Ln ci ci ci .zt I:T Ln Ln Ln 00 \ / > 3 t a o 2 k 2 \ \ ) \ 4 \ \ \ s u 5 ? \ 2- / I \ _ § 2 { lu ® ' i { 2 ` E 8 ° & - � G 2f .2 ) ) E \ / 8 « 8 \ 5 ' s \ / / \ \ 0 ( _ - t in y u z \ § / = 2 p 2 a S C22 \ m0:: \ » \ 6a \ 0 \ \ \ ƒ & 3 um / » a \ \ (/ / j E / / E u ( \ ) \ \ 3 7 E g % _ \ / / \ a \ » E % ® ` $ E $ ( ° \ 5 \ \ \ bz { E u - % e , < ® ® � $ \ 0 2 \ { \ cl _ \ ( \ 0 E y ) 0 _ \ W / / \ to ® 2 $ EuEL / / / � E uo EL E \ \ \ k G » C c & ] J Ln Ln CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg.,Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. Radiant RFID, LLC Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 31 Name of local government officer about whom the information is being disclosed. NA Name of Officer 41 Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts Aand B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes FX No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F]No 61 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. NA 6 ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 �Q CAL �GG2I 12/01/2021 Signature of vendor doing business with the governmental entity Date ITB 22-0003 Building Materials Page 38 of 46 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code§176,001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: R a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or C-) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to,thatagency. Local Government Code§ 176.0031a11211A1 and IBI: (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) thevendor: R has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code & 176.0061a1 and 1a-11 (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local govern mentalentity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. ITB 22-0003 Building Materials Page 39 of 46