HomeMy WebLinkAbout063956 - General - Contract - City of AustinCSC No. 63956
FORT V��RTH
CITY OF FORT WORTH
PURCHASE AGREEMENT BASED UPON INTERLOCAL AGREEMENT
WHEREAS, Section 271.102 of the Texas Local Government Code allows Local Government
Entities to pursue mutually beneficial and cooperative purchasing programs;
WHEREAS, pursuant to Chapter 271 of the Texas Local Government Code, the City of Fort
Worth ("City"), a Texas home-rule municipality and the City of Austin ("Austin") entered into a
Cooperative Purchasing Agreement on November 3, 2015, which provides that when one of the Local
Government Entities enters into a contract with a vendor for goods and services, the other Local
Government is able to enter into a Purchase Agreement with the vendor under the same terms and
conditions offered to the Original Local Government Entity so long as the vendor is agreeable (Copy
Attached as Exhibit A); and
WHEREAS Language Testing International, Inc. ("Vendor") responded to RFP 5800 BJT3013
for Language Proficiency Assessment Services issued by the City of Austin, agreeing to allow other Local
Governmental Entities to enter into a purchase agreement with Vendor under the same terms and
conditions as those contained in the RFP (Copy attached in Exhibit B).
NOW THEREFORE, City and Vendor, each of which will individually be referred to as a"Party"
and collectively as the "Parties," enter into this Purchase Agreement.
The Parties agree that any references to the City of Austin in Exhibit B shall be construed as the City of
Fort Worth for the purposes of this Agreement and all rights, benefits, duties, and obligations shall inure
to the City as if the contract in Exhibit B were originally executed between the City and Vendar.
The Agreement includes the following documents which shall be construed in the arder of precedence in
which they are listed:
1. Exhibit A— Cooperative Agreement between the City of Fort Worth and City of Austin;
2. Exhibit B— Contract between the City of Austin and Language Testing International, Inc.,
identified as Contract No. MA 5800 NA240000084;
3. Exhibit C— Vendor's Pricing; and
4. Exhibit D— Conflict of Interest Questionnaire.
Exhibits A-D, 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
B pursuant to the terms and conditions of this Agreement, including all exhibits thereto. In the event of a
conflict between Exhibit B and this Agreement or Exhibit A, then this Agreement and Exhibit A shall
control.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City shall pay Vendor in accordance with the fee schedule in Exhibit C and in accordance with the
provisions of this Agreement. Total annual payment made under this Agreement by City shall be in
an amount up to Twenty Thousand Dollars (20,000.00) 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 is effective beginning on the date signed by the Assistant City
Manager ("Effective Date") and expires on December 8, 2026. This Agreement shall not include any
renewal options. City or Vendor may terminate this Agreement at any time and for any reason by providing
the other party with at least 30 days' written notice of termination.
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 documents and records of Vendor
involving transactions relating to this Agreement. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities subject to Vendor's reasonable rules and regulations while
at Vendor's 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, and all such audits shall be conducted on regular business days during Vendor's regular
business hours in a manner that will not unreasonably interfere with Vendor's operations at its facilities.
City's auditors shall present proper credentials to the manager of Vendor's facility at the time that they
are admitted to such.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
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 or (2) received by the other party by United States Mail, registered, return receipt
requested, addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
100 Fort Worth Trail
Fort Worth, TX 76102
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Language Testing International, Inc.
Renee Tarrant, Global Accounts & Sales Manger
580 White Plains Rd, Suite 660
Tarrytown, NY 10591
Email: rtarrant@languagetesting.com
Phone: (914) 207 2058
City is a government entity under the laws of the State of Texas and all documents held or
maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the
Agreement requires that City maintain records in violation of the Act, City hereby objects to such
provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect.
In the event there is a request for information marked Confidential or Proprietary, City shall promptly
notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A
determination on whether such reasons are sufficient will not be decided by City, but by the Office of the
Attorney General of the State of Texas or by a court of competent jurisdiction.
Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement
requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted
and shall have no force or effect.
To the extent the Agreement, in any way, limits the liability of Vendor or requires City to
indemnify or hold Vendor or any third party harmless from damages of any kind or character, City objects
to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the
meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. By signing this
Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor:
(1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government
Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000
or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more
full-time employees unless the contract contains a written verification from the Vendar that it: (1) does
not boycott energy companies; and (2) will not boycott energy companies during the term of this
Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by
signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City
that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during
the term of this Agreement.
If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section
does not apply. Vendar acknowledges that except as otherwise provided by Chapter 2274 of the TeXas
Government Code, the City is prohibited from entering into a contract for goods or services that has a
value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company
with 10 or more full-time employees unless the contract contains a written verification from the Vendor
that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity
or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm
entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable
to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a
firearm entity or firearm trade association during the term of this Agreement.
[SIGNATURES FOLLOW]
The undersigned represents and warrants tha he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
By:
Di�Glordano (Sep 15, 202513:49:51 CDT)
Name: Dianna Giordano
Title: Assistant City Manager
Date: Sep 15, 2025
APPROVAL RECOMMENDED:
By: �°���"
Name: Holly Moyer
Title: Interim HR Director
ATTEST:
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By: �
Name: Jannette Goodall
Title: City Secretary
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VENDOR: Language Testing International, Inc.
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I�'l�al1_,�_.�
Name:
Renee Tarrant
Title: Global Accounts Manager
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
By. �v-i�w L. 2a�.e�w
Name: Erin Roden
Title: Sr. Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
.A�u z,c� 7?�u/v�rxoru�
By:
Name: Amarna Muhammad
Title: Assistant Ciry Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit A— A�reement hetween the Citv of Fort Worth and Citv of Austin
City of Fort Worth & Austin ,�;� ��r ��,C��'�' �f�Y J���
Coaperati�e Purchasing Agreement � ����,�`'� ��e � � . ,
��II� ' ' • �►'L3J'�U 34 01:�.� 1►Cl1[H :� �l �lu l �1►111
This Cooperati�e Pur�hasing Agreerri�nt ("Agreement") is made and entered intv as of the last
date written below hetween the City af Austin {"Austin"}, and the City of FQrt Worth, Texas
("Fart Warth").
Both Austin and Fvrt Warth ha�e each determined a need for a coaperati�e agreement ta
purchase like goods and sar�aces to a�oid duplicate procurement efforts and obtain the benefits
of �alume purchasing.
Austin and Fort Worth are authorized �y Section 271.142 of the Texas Local Go�ernment Cade
to pux'sue mutually beneficial and cooperative purchasing programs.
The Parkies therefore agree as follows:
1. Purpase. The purpose of this Agreement is to pro�ide Austin and Fort Worth with additional
purchasing options by satisfying the pro�isians of Section 27I.102 of the Texas Local
Ga�ernment Code.
2. Purchasing Procedure.
2.1. Designafed Representati�e. The pau-ties agree that each of the parties shall resp�ctively
designate a person to act under the direction of, and on behalf of, the designating party
(the "Designated Representati�e"}.
2.2. Vendar AgreemenE. A party that enters into a �ontra�t with a �endor for goods ar
ser�ices (the "First Purchasing Party"} shall attempt #o oh#ain the �endor's agreement to
offer those goods and services to the other party (the "Secand Purchasing Party"} for the
same price and on the same terms and �onditions as ha�e been offered ta the First
P��rchasing Party. If the �endor s❑ agrees, and if the SecQnd Pur�hasing Party is
agreeable to such terms and conditivns, the Secand Purchasing Party may enter into its
own separate cantract with the vendor for the purchase vf such gvvds or ser�ices.
2.3. Payments and Cont�ract Monitoring. LTnIess otherwise agreed �etween the Designated
Representatives, payments for a purchase made by the Second Pur�hasing Party shall be
paid directly to the �endor and not ta the First Purchasing Party. The Secand Purchasing
Party shall determine whether the �endor has complied with any pro�isaons in its
contract with the �endor, including bi�t not limited to those relating to the quality of
items and ternns of deli�ery, and shall l�e responsible for enfarcement of its contract
against the r�endor, including all cost of enfo�-cement.
2.4. Na Obligation. Exe�ution of this Agreement does not obligat� Austin or Fvrt Wvrth tv
make any pur�hase, to pay any membership fee or to otherwise incur any cost vr
oblzgation.
Page 1 of 3
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Exhibit A— A�reement hetween the Citv of Fort Worth and Citv of Austin
City of Fort Warth & Austin
Cooperatz�e Purchasing Agreement
3. Miscellaneous.
3.1. Duration. This Agreement is effecti�e on the date of the last signature below and shall
automati�ally renew annually until terminated by either party.
3.2. Term'rnativn. Either party may terminate this Agreement, withvut caus� or penalty,
upvn nvt less than thirty days written notice to the other party.
3.3. A�teration. This Agreement xnay not be altered, amended, ar modified except
with written agreement from both of the Parties.
3.4. Go�erning Law and Venue. This Agreement will be subject ta all applicable federal,
state and lacal laws, ardinances, rules and regulations. If any action arises based on any
pravision of this Agreement, �enue for such action shall lie in state Qr federal courts in
accordance with the laws af the State of Texas.
3.5. Interpretation. The parties acknawledge Chat each party and, if it so chooses, its counsel
ha�e re�iewed and re�ised this Agreernent and that the narmal rule of �onstruction to the
effect that any ambiguities are tv be resolved against the drafting party must not be
emplayed in the interpretatian af this Agreement ar any amendtnents ar exhibits hereto.
3.6. Se�erahility. If any term or pro�ision of this Agreement is held to be illegal, in�alid or
unenforceable, the iegality, �alidity or enf�rceahility of the remaining terms or
pra�isians vf this Agreement shall not be affected there�y, and in Iieu of each such
illegal, in�alid or unenfar�eahle term �r pro�ision, the parties shall endea�or ta agree tv
a legal, �alid or enforceable term ar prv�isivn as sirrzilar as passible ta the term ar
pro�ision declared illegal, in�alid or unenforceahle.
3.7. Agreement Execution and Authvrity. This Agreement may be executed in multiple
counterparts, each af which shall be deemed an vriginal, and all of which shall constitute
but the sam� instrument. The undersigned officers or agents are autharized ta execute
this Agreernent on behalf of the parties, and each party certifies to the other that any
necessary actians extending such authoriiy have l�een duly passed and ax� now in full
force and effect.
3.8. Nfotice. All notices, requests, demands, and other communications required or permitted
under this Agreement must be in writing. Notice will l�e deemed recei�ed if deli�ered
personally or sent by registered or �ertified mail, return receipt requested, pastage
prepaid, ta the respecti�e city representati�e set out �elow, or hismer designee.
3.9. Headings. The headings in this Agreement are for reference purposes vnly and aue not
intended to affect the meaning or interpretatian of the Agreement in any way.
Page 2 of 3
Exhibit A— A�reement hetween the Citv of Fort Worth and Citv of Austin
City of Fort Wai�h & Austin
Cooperative Purchasing Agreement
EXEC[]TED this �T� day of ���.',.��•'�
CITY �F FQRT WORTH
1U�D Thrvckmarton Street
Fart Worth,�Texas 76142
1
�
By: ..
S�ts Alanis
Title: Assistant Citv Mana�er
APPR�VED A5 TQ
F�RM AND LEGALITY:
� LV��.�-�ti � _ �
Assistank Ciky Attorney .-.
C�7�� ��CRiYka j . � f eV,r1�s
M&C P-1 D7I Q, January 1 S,
Contract Authorizatian r�
., _ .,�. . -
—
Mary .T. I��er, �Y
�I�;�lI�7
Date
Page 3 of 3
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. 2015.
CITY OF AUSTIN
P.�. Bax 1488
Austin, Texas 78767-1U$S
B y� � apry� �,�5 ,�"� wrvL � c�`n-'°
Title: � ��-�� � �� �
td�z���s�-
Assistant City Attorney
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M���ibw A— A�reement between the Citv of Fort Worth and City of Aus�j �C 1 a�. �
CITY �aUN�IL AGENDA
Official site af the City of Fvrt Wvrth, Texas
�URT'�rD�t1'1 [
�
CDIJNCIL ACTf�N: Appro�ed on 111512�08
❑ATE: � 1� 512D08 REFERENCE N�.: '`*P-1 D710 LOG NAME: i 3Pfl7-D� 3D
CODE: P TYPE: C4N5ENT PUBI.IC HEARlNG: ND
SCIBJECT: Autharize Cooperative Purchasing Agr�ements for Goods and Services Between fhe City
of Fart Worth, Local Governments and l.ocai Cooperative �rganizatians Authorized by the
Texas Local Government Code
REC�MMENDATIDN:
It is recommended that the City Council authorize the City Manager ta execute Cao�aerative
Purchasing Agreements far goods and services between the City af Fort Worth, ]acal governments
and io�af cooperati�e pUrchasing organizations authorized by the Texas l.ocal Gavernment Code,
I f] �Y�3�I-'�'i [�7 � A
The Purchasing �ivision will use this auti�orization to confracf with local go�ernments and local
cooperative organizatians to abtain gaods or services. The use of these contracts allows the City of
Fort Worth to take advantage of �ower pri�es wiii�out the cos# of �ompetiti�e bidding by obtaining
access tv existing com�etiti�ely prvc�ared cantracts with entities such as Tarrant Cflunty, Houston-
Galveston Area Council, Texas Associatian af S�hool Boards' Local Government Purchasing
Cooperati�e and L1.S. Communities.
This authorization will allow o#her lacal governments such as Tarrant Cour�ty, t�� City of Arlington
and the City of �rand Prairie to participate in �ontrac#s awarcled E�y the City of Forf WortF� tha# may
result in the additian af vther enti#ies' quantities at the next bidding opportunity. fncreasing the �ofume
of goods and servi�es bid in�reases the possihilify af Iower prices to the City through greater
ecvnamies of scale. Either vf the cantract participants may terminate the agreement with written
notice to the oiher party.
5ection 271.1 �2(a} of t�e Texas Lo�al Go�ernmenf Code allaws Ivca! governmenfs #v participate in
caoperative purchasing programs. Section 271.�02(�} of the Code provides that a lo�af gov�rnment
purchasing goods or services under a caoperative purchasing program satisfies any state !aw
requiring that fhe lacal go�ernment seek competifive bids for purchase af the goods or services. The
contracts for goods and services have been competitively bid to increase and simpiify the purchasing
power vf lo�al go�ernments across the State of Texas.
The Law Department recommends that the Purchasing Division review these agreements
periodi�ally. The iasf M&C regarding execution of agreements with fhese cvoperatives was approved
on March 27, 2DQ� �M&C C-1851 Q}. Going forward these agreements wif! be reviewed every fi�e
years.
http:llapps.cfwnet.orglcouncil�acketlm��review. asp?ID=8981 &councildate=111512��8 11/3/2015
M��hibw A— A�reement between the Citv of Fort Worth and City of Aus�j �C 2 of 2
A�pr�val of this Mayar and Council Communica#ion will not cammit t�e City to spend any funds.
P�archases exceeding the administrative procuremen# threshald pra�ided in the City Code of
�rdinances will be presented #a Council far authorization as required.
FISCAL fNFdRMA'�f�NICERTIFiCATION:
Tne Finance Director certifres that the execution af these cvoperative purchasing agreements will
have na materiai effect on City funds.
BQNld7-013D1KDK
TD FundlA�coun�lCenters
Suhmit#ed for Citv Manaqer's Dffice bv:
Oripinatinq Department Head:
Additional informatior� Contact:
FRQM FundlAccoun�lCenters
Karen Nfan#gamery (6222}
Lena Eflis �85�7)
Ja�k Dale (8357}
ATTACHMENTS
h#tp:llapps.cfwnet.orglcauncil_pa�ketlmcWreview. asp?ID=$ 981 &councildate=ll i 5120Q 8 1� 131201 S
EXHIBIT B
CONTRACT BETWEEN THE CITY OF AUSTIN ("City")
and
Language Testing International, Inc ("Contractor")
for
Language Proficiency Assessment Services
Contract Number: MA 5800 NA240000084
The City accepts the Contractor's Offer for the above requirement and enters into the following Contract. This
Contract is between Language Testing International, Inc. having offices at 580 White Plains Rd, Suite 660,
Tarrytown, NY 10591 and the City, a home-rule municipality incorporated by the State of Texas. Capitalized terms
used but not defined herein have the meanings given in the Solicitation.
1.1 This Contract is composed of the followin� documents in order of precedence:
1.1.1 This Document
1.1.2 Terms and Conditions dated 09/22/2023
1.1.3 The City's Solicitation RFP 5800 BJT3013 including all documents incorporated by reference.
1.1.4 Contractor's Offer, dated December 8, 2023, incorporated herein and attached as Exhibit A hereto.
1.1.5 Pricing Sheet
1.1.6 Signed Employer Certification Wage Theft Ordinance — Responsibility Criteria form.
1.2 Compensation.
The Contractor shall be paid a total Not-to-Exceed amount of $30,000.00 for the initial Contract term and
$15,000.00 for each extension option.
Unless otherwise specified, prices are firm and fixed for the first twelve (12) months.
1.3 Term of Contract.
This Contract shall remain in effect for an initial term of twenty-four (24) months or the City terminates the
Contract. This Contract may be extended automatically beyond the initial term for up to three (3)
additional twelve (12) month periods at the City's sole option.
1.4 Desi�nation of Kev Personnel. The City and the Contractor resolve to keep the same key personnel assigned
to this engagement throughout its term. In the event that it becomes necessary for the Contractor to
replace any key personnel, the replacement will be an individual having equivalent experience and
competence in executing projects such as the one described herein. Additionally, the Contractor shall
Standard Contract Template Rev. 10-01-2023
promptly notify the City and obtain approval for the replacement. Such approval shall not be unreasonably
withheld. The Contractor's and City's key personnel are identified as follows:
�
Contractor Contract
Manager
City Contract Manager
Compensation Division
Contract Monitor
City Contract
Administrator,
Procurement Specialist
Name
Renee Tarrant
Sasha Saeedi
Eliza Nguyen
Bartley Tyler
Phone Number
914-207-2058
512-974-1950
512-974-3235
512-974-2023
Email Address
rtarrant@ languagetesting.com
Sasha.saeedi@austintexas.gov
Eliza.Nguyen@austintexas.gov
Bartley.Tyler@austintexas.gov
1.5 Invoices. The City's preference is to have invoices emailed to BilingualRcaucst.austintcxas.�ov
For questions regarding your invoice/payment please contact the City Contract Manager.
This Contract (including any Exhibits and referenced Documents) constitutes the entire agreement of the parties
regarding the subject matter of this Contract and supersedes all prior agreements and understandings, whether
written or oral, relating to such subject matter. This Contract may be altered, amended, or modified only by a
written instrument signed by the duly authorized representatives of both parties.
In witness whereof, the parties have caused a duly authorized representative to execute this Contract on the date
set forth below.
LANGUAGE TESTING INTERNATIONAL, INC
Jay Rhyu
Printed Name of Authorized Person
Signature
Chief Financial Officer
Title:
2-7-2024
Date:
CITY OF AUSTIN
Printed Name of Authorized Person
Signature
Title:
Date:
Standard Contract Template Rev. 10-01-2023 2
CITY OF AUSTIN
STANDARD TERMS AND CONDITIONS
The Contractor agrees that the Contract shall be governed by the following terms and conditions.
GENERAL
1.1 TERM OF CONTRACT:
A. The Contract shall commence upon execution unless otherwise specified and shall continue in effect
until all obligations are performed in accordance with the Contract. Upon written notice to the
Contractor from the City's Purchasing Officer or designee, unless specified otherwise in the Scope of
Work, the Contract may be extended beyond the initial term at the City's sole option unless the
Contractor is notified 30 days prior to the expiration. If the City exercises any extension option, all
terms, conditions, and provisions of the Contract shall remain in effect for that extension period, subject
only to any economic price adjustment otherwise allowed under the Contract.
B. Upon expiration of the initial term or any period of extension, the Contractor agrees to holdover under
the terms and conditions of this Contract for such a period as is reasonably necessary for the City to re-
solicit and/or complete the Deliverables due under this Contract. Any holdover period will not exceed
180 calendar days unless mutually agreed on by both parties in writing.
1.2 INDEFINITE QUANTITY:
The quantities and/or services listed herein are estimates of the goods and services needed by the City for
the period of the Contract. The City reserves the right to purchase more or less of these quantities and/or
services as may be required during the Contract term. Quantities and/or services will be as needed and
specified by the City for each order. Unless specified in the Contract, there are no minimum order
quantities.
1.3 INVOICES:
A. The Contractor shall submit separate Invoices for each Order after each delivery or on the schedule
provided in the Contract. If partial shipments or deliveries are authorized by the City, a separate Invoice
must be sent for each shipment or delivery made.
B. Invoices shall be sent to the address on the Purchase Order of Delivery Order in the section entitled,
"BILLTO". Proper Invoices must include a unique Invoice number, the purchase Order or delivery Order
number, the master agreement number (if applicable), the Department's Name, and the name of the
point of contact for the Department. Invoices shall be itemized according to pricing structure in the
Contract. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the
Invoice. The Contractor's name and, if applicable, the tax identification number on the Invoice must
exactly match the information in the Vendor's registration with the City. Unless otherwise instructed in
writing, the City may rely on the remittance address specified on the Contractor's Invoice. Invoices
received without all required information cannot be processed and will be returned to the vendor.
C. Invoices for labor shall include a tabulation of work-hours at the appropriate rates and grouped by work
Order number. Time billed for labor shall be limited to hours actually worked.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all
Subcontracting and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the Invoiced amount. The
City will furnish a tax exemption certificate upon request.
1.4 PAYMENT:
A. All proper Invoices received by the City will be paid within 30 calendar days of the City's receipt of the
Deliverables or of the Invoice, whichever is later.
Standard Terms & Conditions 1 Rev. 09-22-2023
CITY OF AUSTIN
STANDARD TERMS AND CONDITIONS
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If payment is not timely made, (per Paragraph A), interest shall accrue on the unpaid balance at the
lesser of the rate specified in Texas Government Code §2251.025 or the maximum lawful rate; except,
if payment is not timely made for a reason for which the City may withhold payment hereunder, interest
shall not accrue until 10 calendar days after the grounds for withholding payment have been resolved.
If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial
shipment or delivery, as stated above, provided that the Invoice matches the shipment or delivery.
. The City may withhold or set off the entire payment or part of any payment otherwise due the
Contractor to such extent as may be necessary on account of:
i. Delivery of defective or non-conforming Deliverables by the Contractor;
ii. Third party claims, which are not covered by the insurance which the Contractor is required to
provide under the terms of this Contract, are filed or there is reasonable evidence indicating
probable filing of such claims;
iii. Failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;
iv. Damage to the property of the City or the City's agents, employees or Contractors, which is not
covered by insurance required to be provided by the Contractor;
v. Reasonable evidence demonstrates that the Contractor's obligations will not be completed within
the time specified in the Contract, and that the unpaid balance would not be adequate to cover
actual or liquidated damages for the anticipated delay;
vi. Failure of the Contractor to submit proper Invoices with all required attachments and supporting
documentation; or
vii. Failure of the Contractor to comply with any material provision of the Contract Documents.
E. Notice is hereby given of Article VIII, §1 of the Austin City Charter which prohibits the payment of any
money to any person, firm or corporation who is in arrears to the City for taxes, and of §2-8-3 of the
Austin City Code concerning the right of the City to offset indebtedness owed the City.
F. The Contractor agrees to accept payment by either credit card, check or Electronic Funds Transfer for
all goods and/or services provided under the Contract. The Contractor shall factorthe cost of processing
credit card payments into the Offer. There shall be no additional charges, surcharges, or penalties to
the City for payments made by credit card.
G. The awarding or continuation of this Contract is dependent upon the availability of funding. The City's
payment obligations are payable only and solely from funds appropriated and available for this
Contract. The absence of appropriated or other lawfully available funds shall render the Contract null
and void to the extent funds are not appropriated or available and any Deliverables delivered but
unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the
failure of the City to make an adequate appropriation for any fiscal year to pay the amounts due under
the Contract, or the reduction of any appropriation to an amount insufficient to permit the City to pay
its obligations under the Contract. In the event of inadequate appropriation of funds, there will be no
penalty nor removal fees charged to the City. The City shall pay the Contractor, to the extent of funds
appropriated or otherwise legally available for such purposes, for all goods delivered and services
performed, and obligations incurred prior to the date of notice of non-appropriation.
1.5 FINAL PAYMENT AND CLOSE OUT:
A. If a Minority-Owned Business Enterprise/Women-Owned Business Enterprise (MBE/WBE) Program
Compliance Plan is required by the Solicitation, and the Contractor has identified Subcontractors, the
Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Project
Manager or Contract Manager no later than the 15th calendar day after completion of all work under
the Contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance
with the requirements of the Compliance Plan as accepted by the City.
B. The making and acceptance of final payment will constitute:
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i. A waiver of all claims by the City against the Contractor, except claims (1) which have been
previously asserted in writing and not yet settled, (2) arising from defective work appearing after
final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms
of any warranty specified herein, (4) arising from the Contractor's continuing obligations under the
Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the
City's right to audit; and
ii. A waiver of all claims by the Contractor against the City other than those previously asserted in
writing and not yet settled.
1.6 SPECIAL TOOLS & TEST EQUIPMENT:
If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated
or required by the Contractor for the purpose of filling this Order, such special tooling equipment and any
process sheets related thereto shall become the property of the City and shall be identified by the
Contractor as such.
1.7 AUDITS AND RECORDS:
A. The Contractor agrees that the representatives of the Office of the City Auditor or other authorized
representatives of the City shall have access to, and the right to audit, examine, or reproduce, any and
all records of the Contractor related to the performance, including security audits, under this Contract,
at the City's expense. The Contractor agrees to refund to the City any overpayments disclosed by any
such audit. The City agrees to protect from disclosure Contractor's confidential and proprietary
information disclosed during an audit to the same extent it protects its own confidential and proprietary
information, subject to the requirements of the Texas Public Information Act, Chapter 2251, Texas
Government Code.
B. Records Retention:
i. Contractor is subject to City Code Chapter 2-11 (Records Management), and as it may subsequently
be amended.
ii. The Contractor shall retain all records for a period of three years after final payment on this
Contract or until all audit and litigation matters that the City has brought to the attention of the
Contractor are resolved, whichever is longer.
1.8 FINANCIAL DISCLOSURES AND ASSURANCE:
The City may request and review financial information as the City requires to determine the credit
worthiness of the Contractor, including but not limited to, annual reports, audited financial Statements and
reports, bank letters of credit or other credit instruments. Failure of the Contractor to comply with this
requirement shall be grounds for terminating the Contract.
1.9 RIGHT TO ASSURANCE:
Whenever one party to the Contract in good faith has reason to question the other party's intent to
perform, demand may be made to the other party for written assurance of the intent to perform. If no
assurance is given within the time specified after demand is made, the demanding party may treat this
failure as an anticipatory repudiation of the Contract.
1.10 STOP WORK NOTICE:
The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a
manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the
City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified
by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all
costs incurred by the City as a result of the issuance of such Stop Work Notice.
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1.11 DEFAULT:
The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully
perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of
performance, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d)
makes a material misrepresentation in Contractor's Offer, or in any report or Deliverable required to be
submitted by the Contractor to the City. The City shall be in default if it fails to make payment in accordance
with the Payment terms of this Contract.
1.12 TERMINATION FOR CAUSE:
In the event of a default by either party, the non-defaulting party shall have the right to terminate the
Contract for cause, by written notice effective ten 10 calendar days, unless otherwise specified, after the
date of such notice, unless the defaulting party, within such 10 day period, cures such default, or provides
evidence sufficient to prove to the non-defaulting party's reasonable satisfaction that such default does
not, in fact, exist. Additionally, the City shall have the right to act in accordance with the terms defined by
"City of Austin Purchasing Office Probation, Suspension and Debarment Rules for Vendors." In addition to
any other remedy available under law or in equity, either party shall be entitled to recover all actual
damages, costs, losses and expenses, incurred by the party as a result of the Contractor's default, including,
without limitation, cost of cover, court costs, and prejudgment and post-judgment interest at the maximum
lawful rate. All rights and remedies under the Contract are cumulative and not exclusive of any other right
or remedy provided by law. In the event of termination of the Contract under this Section, the Contractor
shall handover all complete and partially complete Work Products and Documentation developed under
this Contract.
1.13 ATTORNEY'S FEES:
In consideration of the award and execution of this Contract and in consideration of the City's waiver of its
right to attorney's fees, the Contractor knowingly and intentionally waives its right to attorney's fees under
§271.153, Texas Local Government Code, in any administrative proceeding, alternative dispute resolution
proceeding, or litigation arising out of or connected to this Contract.
1.14 TERMINATION WITHOUT CAUSE:
The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon 30
calendar days' prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly
cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of
termination. The City shall pay the Contractor, to the extent of funds appropriated or otherwise legally
available for such purposes, for all goods delivered and services performed, and obligations incurred prior
to the date of termination in accordance with the terms hereof. In the event of termination of the Contract
under this Section, the Contractor shall handover all complete and partially complete Work Products and
Documentation developed under this Contract.
1.15 FRAUD:
Fraudulent Statements by the Contractor on any Offer or in any report or Deliverable required to be
submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by
the City and may result in legal action.
1.16 DELAYS:
The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City
deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract,
the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in
the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an
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adjustment within 30 calendar days from the date of receipt of the notice of delay. Failure to agree on any
adjusted price shall be handled under the Dispute Resolution Clause. However, nothing in this provision
shall excuse the Contractor from delaying the delivery as notified.
1.17 FORCE MAJEURE:
Contractor may be excused from performance under the Contract for any period when performance is
prevented as the result of an act of God, strike, war, civil disturbance, epidemic, pandemic, sovereign
conduct, or court order provided that the Contractor experiences the event of force majeure and prudently
and promptly acts to take any and all steps that are within the Contractor's control to ensure performance
and to shorten the duration of the event of force majeure. Contractor shall provide notice of the force
majeure event to the City within three (3) business days of the event or delay, whichever occurs later, to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure
to perform. Subject to this provision, such non-performance shall not be deemed a default or a ground for
termination. However, the City may terminate an order under the Contract if it is determined by the City
that the Contractor will not be able to deliver goods or services in a timely manner to meet the business
needs of the City.
1.18 INDEMNITY:
A. IN THIS SECTION, THE FOLLOWING TERMS HAVE THE MEANINGS ASSIGNED BELOW:
(1) "INDEMNIFIED PARTY" IS THE CITY AND THE CITY'S OFFICERS, ELECTED AND APPOINTED OFFICIALS,
EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS.
(2) "INDEMNIFYING PARTY" IS THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, SUCCESSORS AND ASSIGNS.
(3) THE INDEMNIFYING PARTY SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE INDEMNIFIED
PARTY AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, CAUSES OF
ACTION, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS OR EXPENSES,
INCLUDING PROFESSIONAL FEES AND ATTORNEYS' FEES, THAT ARE INCURRED BY THE INDEMNIFIED
PARTY ARISING OUT OF ANY DIRECT OR THIRD PARTY CLAIM OF:
i. BREACH OR NON-FULFILLMENT OF ANY PROVISION OF THIS CONTRACT BY THE INDEMNIFYING
PA RTY;
ii. ANY FALSE REPRESENTATION OR WARRANTY MADE BY THE INDEMNIFYING PARTY IN THIS
CONTRACT OR IN THE INDEMNIFYING PARTY'S PROPOSAL/RESPONSE LEADING TO THIS
CONTRACT;
iii. ANY NEGLIGENT OR MORE CULPABLE ACT OR OMISSION OF THE INDEMNIFYING PARTY,
INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT, RELATED TO THE PERFORMANCE OF ITS
OBLIGATIONS UNDER THIS CONTRACT;
iv. BODILY INJURY; DEATH OF ANY PERSON; OCCUPATIONAL ILLNESS OR DISEASE; LOSS OF
SERVICES, WAGES, OR INCOME; OR DAMAGE TO REAL OR PERSONAL PROPERTY CAUSED BY
THE NEGLIGENT OR MORE CULPABLE ACTS OR OMISSIONS OF INDEMNIFYING PARTY,
INCLUDING ANY RECKLESS OR WILLFUL MISCONDUCT; OR
v. ANY FAILURE OF THE INDEMNIFYING PARTY TO COMPLY WITH ANY APPLICABLE FEDERAL,
STATE, OR LOCAL LAWS, REGULATIONS, OR CODES RELATED TO THE PERFORMANCE OF ITS
OBLIGATIONS UNDER THIS CONTRACT.
B. THE INDEMNIFIED PARTY SHALL GIVE THE INDEMNIFYING PARTY WRITTEN NOTICE (A "CLAIM NOTICE")
OF ANY CLAIM RECEIVED RELATED TO THIS CONTRACT. THE INDEMNIFYING PARTY'S DUTY TO DEFEND
APPLIES IMMEDIATELY. THE INDEMNIFIED PARTY'S FAILURE TO PROVIDE A CLAIM NOTICE TO THE
INDEMNIFYING PARTY DOES NOT RELIEVE THE INDEMNIFYING PARTY OF ITS DUTY TO INDEMNIFY,
HOLD HARMLESS AND DEFEND THE INDEMNIFIED PARTY.
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C. THE INDEMNIFIED PARTY MAY SELECT ITS OWN LEGAL COUNSEL TO REPRESENT ITS INTERESTS. THE
INDEMNIFYING PARTY SHALL:
i. REIMBURSE THE INDEMNIFIED PARTY FOR ITS REASONABLE COSTS AND ATTORNEY'S FEES
IMMEDIATELY UPON REQUEST, AS THEY ARE INCURRED, AND
ii. REMAIN RESPONSIBLETOTHE INDEMNIFIED PARTY FOR ANY LOSSES INDEMNIFIED UNDERTHIS
SECTION.
D. THE INDEMNIFYING PARTY SHALL GIVE PROMPT, WRITTEN NOTICE TO THE INDEMNIFIED PARTY OF
ANY PROPOSED SETTLEMENT OF A CLAIM THAT IS INDEMNIFIABLE UNDER THIS SECTION. THE
INDEMNIFYING PARTY MAY NOT, WITHOUT THE INDEMNIFIED PARTY'S PRIOR, WRITTEN CONSENT,
SETTLE OR COMPROMISE ANY CLAIM OR CONSENT TO THE ENTRY OF ANY JUDGMENT REGARDING
WHICH INDEMNIFICATION IS BEING SOUGHT UNDER THIS SECTION.
E. MAINTENANCE OF THE INSURANCE REQUIRED BY THIS CONTRACT SHALL NOT LIMIT THE
INDEMNIFYING PARTY'S OBLIGATIONS UNDER THIS SECTION. THE INDEMNIFYING PARTY SHALL
REQUIRE ALL SUBCONTRACTORS TO INDEMNIFYTHE CITY IN THE SAME MANNER AS PROVIDED IN THIS
SECTION.
1.19 NOTICES:
Unless otherwise specified, all notices, requests, or other communications required or appropriate to be
given under the Contract shall be in writing and shall be deemed delivered three business days after
postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices
delivered by other means shall be deemed delivered upon receipt by the addressee. Notices to the
Contractor shall be sent to the address registered with the City. Notices to the City shall be addressed to:
City of Austin, Financial Services Department-Central Procurement, 505 Barton Springs Road, Ste 330,
Austin, TX 78704 and marked to the attention of the assigned Procurement Specialist.
1.20 CONFIDENTIALITY:
The Parties may be granted access to certain of the other Party's or Licensor's Confidential Information
(including inventions, employee information, trade secrets, confidential know-how, confidential business
information, and other information which the Party or its licensors consider confidential) (Confidential
Information) to provide the Deliverables to the City. The Parties acknowledge and agree that the
Confidential Information is the valuable property of the disclosing Party and its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the disclosing Party and its licensors. The receiving Party (including its employees,
Subcontractors, agents, or representatives) agrees it will maintain the Confidential Information in strict
confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential
Information without prior written consent of disclosing Party, or in a manner not expressly permitted under
this Contract, unless the Confidential Information is required to be disclosed by law or an Order of a court
or other governmental authority (including a Texas Attorney General opinion) with proper jurisdiction. In
all cases, the receiving Party agrees to promptly notify the disclosing Party before disclosing Confidential
Information to permit the disclosing Party reasonable time to seek an appropriate protective Order. The
receiving Party agrees to use protective measures no less stringent than the receiving Party uses in its
business to protect its own most valuable information. In all circumstances, the receiving Party's protective
measures must be at least reasonable measures to ensure the continued confidentiality of the Confidential
Information.
A. The Parties agree: (i) not to use Confidential Information for any reason other than for the purpose of
providing or receiving the Deliverables, (ii) not to disclose Confidential Information to any third party
other than to its employees who have a need to know the Confidential Information for furtherance of
providing the Deliverables, and (iii) to promptly notify the disclosing Party of any request for
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Confidential Information to be disclosed under any law or order of any court or other governmental
authority with proper jurisdiction, so as to permit disclosing Party reasonable time to seek an
appropriate protective order.
B. All Confidential Information and derivations thereof shall remain the sole and exclusive property of
disclosing Party, and no license or other right to the Confidential Information or intellectual property is
granted or implied hereby. Upon the written request of disclosing Party, the receiving Party shall
promptly return to disclosing Party all tangible items of Confidential Information furnished by disclosing
Party and all copies thereof or certify in writing that all Confidential Information, including all copies,
has been destroyed.
C. No expiration or termination of the Contract shall affect either Party's rights or obligations with respect
to Confidential Information.
D. The Parties acknowledge and agree that any breach or threatened breach of the Contract could cause
harm for which money damages may not provide an adequate remedy.
E. The parties agree that in the event of such a breach or threatened breach of the Contract, in addition
to any other available remedies, City may seek temporary and permanent injunctive relief restraining
the Contractor from disclosing or using, in whole or in part, any Confidential Information.
1.21 TEXAS PUBLIC INFORMATION ACT:
A. All material submitted by the Contractor to the City related to the Contract may become subject to
public disclosure upon receipt by the City. Any portions of such material claimed by the Contractor to
be proprietary must be clearly marked as such. Determination of the public nature of the material is
subject to the Texas Public Information Act, Chapter 552, Texas Government Code.
B. In accordance with Texas Government Code §552.372, if this Contract has a stated expenditure of at
least $1 million in public funds for the purchase of goods or services by the City or results in the
expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a
fiscal year, Contractor agrees to:
i. Preserve all Contracting information related to the Contract as provided by the records retention
requirements in the AUDITS AND RECORDS Section of the Contract;
ii. Promptly provide to the City any Contracting information related to the Contract that is in the
custody or possession of Contractor on request of the City; and
iii. On completion of the Contract, either:
(1) Provide at no cost to the City all Contracting information related to the Contract that is in the
custody or possession of Contractor; or
(2) Preserve the Contracting information related to the Contract as provided by the records
retention requirements in the AUDITS AND RECORDS Section of the Contract.
C. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Contract,
and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that Subchapter.
1.22 PUBLICATIONS:
All published material and written reports submitted under the Contract must be originally developed
material unless otherwise specifically provided in the Contract. When material not originally developed is
included in a report in any form, the source shall be identified.
1.23 ADVERTISING:
The Contractor shall not advertise or publish, without the City's prior written consent, the fact that the City
has entered into the Contract, except to the extent required by law.
1.24 NO CONTINGENT FEES:
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The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure
the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent
fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by
the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall
have the right, in addition to any other remedy available, to cancel the Contract without liability and to
deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such
commission, percentage, brokerage or contingent fee.
1.25 GRATUTIES:
The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by
the City that gratuities were Offered or given by the Contractor or any agent or representative of the
Contractor to any officer or employee of the City of Austin with a view toward securing the Contract or
securing favorable treatment with respect to the awarding or amending or the making of any
determinations with respect to the performing of such Contract. In the event the Contract is canceled by
the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies,
to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities.
1.26 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS:
No officer, employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of the performance of any Solicitation shall have a
financial interest, direct or indirect, in the Contract resulting from that Solicitation. Any willful violation of
this Section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject
to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge,
expressed or implied, of the Contractor shall render the Contract voidable by the City.
1.27 INDEPENDENT CONTRACTOR:
The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a
joint venture. The Contractor's services shall be those of an independent Contractor. The Contractor agrees
and understands that the Contract does not grant any rights or privileges established for employees of the
City.
1.28 ASSIGNMENT DELEGATION:
The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their
respective successors and assigns, provided however, that no right or interest in the Contract shall be
assigned and no obligation shall be delegated by the Contractor without the prior written consent of the
City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity
with this Paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity
not a party hereto; it being the intention of the parties that there be no third-party beneficiaries to the
Contract.
1.29 WAIVER:
The claim or right arising out of a breach of the Contract cannot be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration
and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or
more events of default by the other party shall operate as, or be construed to be, a permanent waiver of
any rights or obligations under the Contract, or an express or implied acceptance of any other existing or
future default or defaults, whether of a similar or different character.
1.30 MODIFICATIONS:
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The Contract can be modified or amended only in writing and signed by both parties. No pre-printed or
similar terms on any Contractor Invoice, Order, clickwrap agreement or other document shall have any
force or effect to change the terms, covenants, and conditions of the Contract.
1.31 INTERPRETATION:
The Contract is intended by the parties as a final, complete and exclusive Statement of the terms of their
agreement. No course of prior dealing between the parties or course of performance or usage of the trade
shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have
been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a
manner to be fair to both parties, reading no provisions more strictly against one party or the other.
Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the
Contract, the UCC definition shall control, unless otherwise defined in the Contract.
1.32 DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate
prior to prosecuting a suit for damages. However, this Section does not prohibit the filing of a lawsuit
to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written
request for a meeting between representatives of each party within 14 calendar days after receipt of
the request or such later period as agreed by the parties. Each party shall include, at a minimum, one
senior level individual with decision-making authority regarding the dispute. The purpose of this and
any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within
30 calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the
dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a
written agreement signed by both parties, in which event the parties may proceed directly to mediation
as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation
process, the parties may select, within 30 calendar days, a mediator trained in mediation skills to assist
with resolution of the dispute. Should they choose this option, the City and the Contractor agree to act
in good faith in the selection of the mediator and to consider qualified individuals nominated to act as
mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is
trained in the subject matter of the dispute or a Contract interpretation expert. If the parties fail to
agree on a mediator within 30 calendar days of initiation of the mediation process, the mediator shall
be selected by the Travis County Dispute Resolution Center. The parties agree to participate in
mediation in good faith for up to 30 calendar days from the date of the first mediation session. The City
and the Contractor will share the mediator's fees equally and the parties will bear their own costs of
participation such as fees for any consultants or attorneys they may utilize to represent them or
otherwise assist them in the mediation.
1.33 JURISDICTION AND VENUE:
The Contract is made under and shall be governed by the laws of the State of Texas, including, when
applicable, the Uniform Commercial Code as adopted in Texas, Bus. & Comm. Code, Chapter 1, excluding
any rule or principle that would refer to and apply the substantive law of another State or jurisdiction. All
issues arising from this Contract shall be resolved in the courts of Travis County, Texas and the parties agree
to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief
from any competent authority as contemplated herein.
1.34 INVALIDITY:
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The invalidity, illegality, or unenforceability of any provision ofthe Contract shall in no way affect the validity
or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed
severed from the Contract and the balance of the Contract shall be construed and enforced as if the
Contract did not contain the particular portion or provision held to be void. The parties further agree to
reform the Contract to replace any stricken provision with a valid provision that comes as close as possible
to the intent of the stricken provision. The provisions of this Section shall not prevent this entire Contract
from being void should a provision which is the essence of the Contract be determined to be void.
1.35 HOLIDAYS:
Dates for the holidays observed by the City can be found here
https://www.austintexas.�ov/department/official-citv-holidays
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on
Sunday, it will be observed on the following Monday.
1.36 SURVIVABILITY OF OBLIGATIONS:
All provisions of the Contract that impose continuing obligations on the parties, including but not limited to
the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or
termination of the Contract.
1.37 COOPERATIVE CONTRACT:
A. The City has entered into Interlocal Purchasing Agreements with other governmental entities, for the
purpose of accessing their cooperative contracts and making available our cooperative contracts,
pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The Contractor
agrees to offer the same prices and terms and conditions of this cooperative contract to other eligible
governmental agencies that have entered into an interlocal agreement with the City for the purpose of
accessing the City's cooperative contracts.
B. The City does not accept any responsibility or liability for the purchases by other governmental entities
made under a separate contract based on this cooperative contract.
1.38 EQUAL OPPORTUNITY:
A. Equal Employment Opportunity: No Contractor, or Contractor's agent, shall engage in any
discriminatory employment practice as defined in Chapter 5-4 of the City Code. No Offer submitted to
the City shall be considered, nor any Purchase Order issued, or any Contract awarded by the City unless
the Offeror has executed and filed with the City Purchasing Office a current Non-Discrimination
Certification. Non-compliance with Chapter 5-4 of the City Code may result in sanctions, including
termination of the Contract and the Contractor's suspension or debarment from participation on future
City Contracts until deemed compliant with Chapter S-4.
B. Non-Retaliation: The Contractor agrees to prohibit retaliation, discharge or otherwise discrimination
against any employee or applicant for employment who has inquired about, discussed or disclosed their
compensation.
C. Americans with Disabilities Act (ADA) Compliance: No Contractor, or Contractor's agent, shall engage
in any discriminatory practice against individuals with disabilities as defined in the ADA, including but
not limited to: employment, accessibility to goods and services, reasonable accommodations, and
effective communications.
1.39 INSURANCE:
A GENERAL INSURANCE REQUIREMENTS:
Standard Terms & Conditions 10 Rev. 09-22-2023
CITY OF AUSTIN
STANDARD TERMS AND CONDITIONS
i. The Contractor shall provide a Certificate of Insurance as verification of coverages and
endorsements required in Section B., Specific Insurance Requirements, to the City prior to Contract
execution and within 14 calendar days after written request from the City. Failure to provide the
required Certificate of Insurance may subject the Offer to disqualification from consideration for
award. The Contractor must also forward a Certificate of Insurance to the City whenever a
previously identified policy period has expired, or an extension option or hold over period is
exercised, as verification of continuing coverage.
ii. All endorsements naming the City as additional insured, waivers, and notices of cancellation shall
indicate, and the Certificate of Insurance shall be mailed to the following address:
City of Austin Financial Services Department-Central Procurement
505 Barton Springs Road, Ste 330
Austin, TX 78704
OR
PURlnsuranceCompliance@austinTexas.gov
iii. The Contractor shall not commence work until the required insurance is obtained and until such
insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or
decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of
liability on the part of the Contractor.
iv. The City may request that the Contractor submit certificates of insurance to the City for all
Subcontractors prior to the Subcontractors commencing work on the project.
v. The Contractor's and all Subcontractors' insurance coverage shall be written by companies
authorized to do business in the State of Texas and have an A.M. Best rating of B+VII or better.
vi. The "other" insurance clause shall not apply to the City where the City is an additional insured
shown on any policy. It is intended that policies required in the Contract, covering both the City and
the Contractor, shall be considered primary coverage as applicable.
vii. If insurance policies are not written for amounts specified in Section B., Specific Insurance
Requirements, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences
in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary
coverage.
viii. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review
certified copies of policies and endorsements thereto and may make any reasonable requests for
deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions
except where policy provisions are established by law or regulations binding upon either of the
parties hereto or the underwriter on any such policies.
ix. The City reserves the right to review the insurance requirements set forth during the effective
period of the Contract and to make reasonable adjustments to insurance coverage, limits, and
exclusions when deemed necessary and prudent by the City based upon changes in exposure,
statutory law, court decisions, the claims history of the industry or financial condition of the
insurance company as well as the Contractor.
x. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse
during the term of the Contract or as required in the Contract.
xi. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any,
stated in policies. Self-insured retentions greater than $499,999 shall be disclosed on the Certificate
of Insurance.
xii. If any required insurance is written on a claims-made basis, the Certificate of Insurance shall state
that the coverage is claims-made and the retroactive date shall be prior to or coincident with the
date of the Contract and the coverage continuous and shall be provided for 24 months following
the completion of the Contract.
Standard Terms & Conditions 11 Rev. 09-22-2023
CITY OF AUSTIN
STANDARD TERMS AND CONDITIONS
xiii. The insurance coverages specified in Section B., Specific Insurance Requirements, are required
minimums and are not intended to limit the responsibility or liability of the Contractor.
B. Specific Insurance Covera�e Requirements: The Contractor, consistent with its status as an independent
Contractor shall carry and will cause its Subcontractors to carry, at a minimum insurance in the types and
amounts indicated below for the duration of the Contract, including extension options and hold over
periods, and during any warranty period.
i. Worker's Compensation and Emplovers' Liabilitv Insurance: Coverage shall be consistent with
statutory benefits outlined in the Texas Worker's Compensation Act (Section 401). The minimum
policy limits for Employer's Liability are $100,000 bodily injury each accident, $500,000 bodily injury
by disease policy limit and $100,000 bodily injury by disease each employee.
(1) The Contractor's policy shall apply to the State of Texas and include these endorsements in favor
of the City of Austin:
a. Waiver of Subrogation, Form WC420304, or equivalent coverage;
b. 30 Days' Notice of Cancellation, Form WC420601, or equivalent coverage.
ii. Commercial General Liabilitv Insurance: Coverage with minimum bodily injury and property
damage per occurrence limits of $500,000 for coverages A(Bodily Injury and Property Damage) and
B (Personal and Advertising Injury).
(1) The policy shall contain the following provisions:
a. Contractual liability coverage for liability assumed under the Contract and all other Contracts
related to the project;
b. Independent Contractors coverage (Contractor/Subcontracted work);
c. Products/Completed Operations Liability for the duration of the warranty period;
d. If the project involves digging or drilling, provide Explosion, Collapse, and Underground (X, C, &
U) Coverage.
(2) The policy shall also include these endorsements in favor of the City of Austin:
a. Waiver of Subrogation, Endorsement CG 2404, or equivalent coverage;
b. 30 Days' Notice of Cancellation, Endorsement CG 0205, or equivalent coverage;
c. The City of Austin listed as an additional insured, Endorsement CG 2010, or equivalent
coverage.
iii. Business Automobile Liabilitv Insurance: Coverage f or all owned, non-owned and hired vehicles
with a minimum combined single limit of $500,000 per occurrence for bodily injury and property
damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury
per occurrence and at least $100,000 property damage liability per accident.
(1) The policy shall include these endorsements in favor of the City of Austin:
a. Waiver of Subrogation, Endorsement CA0444, or equivalent coverage;
b. 30 Days' Notice of Cancellation, Endorsement CA0244, or equivalent coverage;
c. The City of Austin listed as an additional insured, Endorsement CA2048, or equivalent coverage.
SERVICES
2.1 ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES AND/OR SERVICES:
If, instead of requiring immediate correction or removal and replacement of defective or non-conforming
Deliverables or Services, the City prefers to accept it, the City may do so. The Contractor shall pay all claims,
costs, losses and damages attributable to the City's evaluation of and determination to accept such
defective or non-conforming Deliverables or Services. If any such acceptance occurs prior to final payment,
the City may deduct such amounts as are necessary to compensate the City for the diminished value of the
Standard Terms & Conditions 12 Rev. 09-22-2023
CITY OF AUSTIN
STANDARD TERMS AND CONDITIONS
defective or non-conforming Deliverables or Services. If the acceptance occurs after final payment, such
amount will be refunded to the City by the Contractor within 30 calendar days of notification provided by
the City.
2.2 WORKFORCE:
A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the
services which they will perform under the Contract.
B. The Contractor, its employees, Subcontractors, and Subcontractor's employees may not while engaged
in participating or responding to a Solicitation or while in the course and scope of delivering goods or
services under a City of Austin Contract or on the City's property:
i. Illegally use or possess a firearm, except as required by the terms of the Contract; or
ii. Use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor
may such workers be intoxicated, or under the influence of alcohol or drugs, on the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly
or disobedient, has knowingly or repeatedly violated safety regulations, has ille�allv possessed any
firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor
shall immediately remove such worker from Contract services, and may not employ such worker again
on Contract services without the City's prior written consent.
2.3 GUARANTEE — SERVICES:
The Contractor warrants and represents that all services to be provided to the City under the Contract will
be fully and timely performed in a good and workmanlike manner in accordance with generally accepted
industry standards and practices following the terms, conditions, and covenants of the Contract, and all
applicable Federal, State and local laws, rules or regulations.
3 DEFINITIONS
1. "Affiliate" — including but not limited to, (i) Contractor's parent, subsidiaries, sister companies,
partnerships, joint ventures, franchisees, assigns, business partners, contractors, subcontractors and
consultants, controlling, controlled by or under common control of Contractor as they may change from
time to time and (ii) Users, as they may change from time to time.
2. "Amendment" — a written document executed by both Parties that modifies the terms of this Contract,
including referenced attachments.
3. "Authorized Persons" — the Contractor personnel (including subcontractor personnel) located in the
contiguous United States having successfully completed the required background check and related
requirements of the Contract.
4. "Change Order Request" — the written document provided by the City to Contractor requesting changes
to Contractor's obligations under this Contract.
5. "Change Order Response"—the written document provided to the City by Contractor in response to City's
Change Order Request.
Standard Terms & Conditions 13 Rev. 09-22-2023
CITY OF AUSTIN
STANDARD TERMS AND CONDITIONS
6. "City Confidential Information" —(a) information provided by the City that is marked or identified as
confidential, (b) information, including software, computer programs, documentation, processes,
procedures, techniques, technical, financial, customer, personnel and other business information of a non-
public nature that would reasonably be understood to be confidential whether or not marked or identified
as confidential, (c) information generated by Contractor (or subcontractor) that contains, reflects, or is
derived from Confidential Information, (d) Personal Identifying Information, (e) Restricted Data , and (f) all
other information made confidential by federal, state or local law or regulation. City Confidential
Information is part of City Data.
7. "City Data" — data or information (in any form) regarding the City or its customers that is created, collected,
provided, obtained, or otherwise made available in connection with this Contract to an Authorized Person.
8. "City Identified Contact" — the person or persons designated in writing by the City to receive security
incident notifications.
9. "City" — the City of Austin, Texas, a municipal corporation and subdivision of the State of Texas, or a
department of same.
10. "Cloud Service" — any Service made available to Users via the Internet from a provider's servers as opposed
to being provided from the City's own on-premises servers. In this instance, it would mean such Services
provided by the Contractor.
11. "Confidential Information" — all written or oral information, which may be disclosed by either Party to the
other, related to the business operations of either Party or a third party that has been identified as
confidential or that by the nature of the information or the circumstances surrounding disclosure ought
reasonably to be treated as confidential; "City Confidential Information" is a subsets of Confidential
Information.
12. "Contract" — the final general authorizing document (including Change Orders thereto) utilized by the City
to procure Services from Contractor and any attachments and appendices attached thereto.
13. "Contract Price" — the total amount to be paid to Contractor under any Purchase Order as it may be
adjusted or changed in accordance with the terms of the final Contract.
14. "Contractor" — the contractor and its employees, subcontractors, agents and affiliates who are providing
the services agreed to under the contract.
15. "Contractor Information" — all techniques, algorithms and methods or rights thereto owned by or licensed
to Contractor during the term of this Contract and employed by Contractors in connection with the Services
provided to City.
Standard Terms & Conditions 14 Rev. 09-22-2023
CITY OF AUSTIN
STANDARD TERMS AND CONDITIONS
16. "Contractor Software" — software that was developed or licensed to Contractor independent of this
Contract and which Contractor utilizes to provide the Subscription Services or the Non-subscription
Services.
17. "Data Breach" — the unauthorized access by a non-authorized person(s) that results in the use, disclosure
or theft of City's or City's customers' unencrypted Personally Identifiable Information or City Confidential
Information.
18. "Documentation" — the documentation created by the Contractor for the Services provided but does not
include customized documentation prepared under the Contract and which are Deliverables under the
Contract, including the Statement of Work; such Deliverables are wholly owned by City and Contractor shall
make no claim to such Deliverables.
19. "Facility" — the City designated facility or location set forth in the Purchase Order where Services are to be
performed by Contractor or Supplier or software installed.
20. "FACTA" — the Fair and Accurate Credit Transactions Act, 15 U.S.C. §§ 1681-1681x.
21. "Final Acceptance Date"—the date upon which the City confirms that all Services and Work Products have
been completed and tested and function in accordance with the terms of the Contract.
22. "IaaS Subscription Schedule" — the document, part of the Contract, executed by both Parties that sets out
the Parties' rights and obligations with respect to City's access to and use of the IaaS services.
23. "Infrastructure-as-a-Service" (IaaS) — the capability provided to the consumer to provision processing,
storage, networks and other fundamental computing resources where the consumer is able to deploy and
run arbitrary software, which can include operating systems and applications. The consumer does not
manage or control the underlying cloud infrastructure but has control over operating systems, storage,
deployed applications and possibly limited control of select networking components (e.g., host firewalls).
24. "Non-Public Data" — data typically considered internal and used for city business or mission needs. All
information is considered Non-Public unless otherwise classified or explicitly defined through the
Information Governance Program or official policy or procedural documents.
25. "Public Data" means data typically created for public release or released to the public through management
decision and/or a public information request.
26. "Restricted Data" means data typically exempt from public disclosure requirements under the provisions
of applicable state or federal law. Examples of restricted information are regulated and confidential data.
27. "Non-Subscription Services" — the Services provided to City by Contractor under this Contract that are not
included in the definition of Subscription Services. Non-subscription Services shall include, but not be
limited to, consulting, implementation, customization and other services provided to City by Contractor
Standard Terms & Conditions 15 Rev. 09-22-2023
CITY OF AUSTIN
STANDARD TERMS AND CONDITIONS
under this Contract, together with all documentation provided by or otherwise required of Contractor for
any of the consulting, implementation, customization or other Services it provides.
28. "PaaS Subscription Schedule" — the document, part of the Contract, executed by both Parties that sets out
the Parties' rights and obligations with respect to City's access to and use of the PaaS services.
29. "Party" or "Parties" — the City and Contractor, individually or together, as applicable.
30. "Personally Identifiable Information" — information that can be used to distinguish or trace an individual's
identity, either alone or when combined with other personal or identifying information that is linked or
linkable to a specific individual. PII includes, but is not limited to, personal information and/or personal
data. Some forms of PII are considered Restricted Data and require additional protection, including, but not
limited to, Sensitive Personal Information (SPI), Sensitive and/or Protected PII, and Protected Health
Information (PHI).
31. "Platform-as-a-Service" (PaaS) —the capability provided to the City to deploy onto the cloud infrastructure
consumer-created or -acquired applications created using programming languages and tools supported by
the provider. This capability does not necessarily preclude the use of compatible programming languages,
libraries, services and tools from other sources. The consumer does not manage or control the underlying
cloud infrastructure, including network, servers, operating systems or storage, but has control over the
deployed applications and possibly application hosting environment configurations.
32. "Purchase Order" — the general authorizing document (including Change Orders thereto) utilized by the
City to procure Services from Contractor under this Contract and any attachments and appendices attached
thereto.
33. "SaaS Software Application" and "SaaS Software" — the computer software listed on a SaaS Subscription
Schedule to which Contractor has granted City access and use as part of the Subscription Services. This
includes any customization, other derivative works, upgrades, releases, fixes, patches, etc. related to the
software that Contractor develops or deploys during the term of this Contract, together with all
documentation provided by or otherwise required of Contractor for any of the software, customization,
other derivative works, upgrades, releases, fixes, patches, etc.
34. "SaaS Subscription Schedule" — the document, part of the Contract, executed by both Parties that sets out
the Parties' rights and obligations with respect to City's access to and use of the SaaS Software Application.
35. "Security Incident" — any actual or potential unauthorized disclosure of, or unauthorized access to, City
Confidential Information; or a violation or imminent threat of violation of computer security policies,
acceptable use policies, or violation or imminent threat of violation of industry standard security practices.
36. "Service Level Agreement" (SLA) — a written agreement between both the City and the Contractor that is
subject to the terms and conditions ofthe Contract that, unless otherwise agreed, includes (1) the technical
Standard Terms & Conditions 16 Rev. 09-22-2023
CITY OF AUSTIN
STANDARD TERMS AND CONDITIONS
service level performance promises, (i.e. metrics for performance and intervals for measure), (2) description
of service quality, (3) identification of roles and responsibilities, (4) security responsibilities and notice
requirements, (S) how disputes are discovered and addressed, and (6) any remedies for performance
failures by or otherwise required of Contractor for any of the software, customization, other derivative
works, upgrades, releases, fixes, patches, etc.
37. "Service Levels" — the performance specifications for work performed by the Contractor under a SaaS
Subscription Schedule or Statement of Work.
38. "Services" — work, direction of work, installation services, technical information, technical consulting,
software programming and development, software maintenance and support services, or other
professional and technical services furnished by Contractor as described in detail in the final Contract.
39. "Software" — the computer programs in source code, object code or binary form or in any other form,
including any related or included computer programs, whether owned by Licensor or licensed to Licensor
by a third party which has authorized Licensor to sublicense such computer programs, and including any
documentation or related materials concerning the application, use, training of users, theory of operation,
maintenance or any other aspect of the Software.
40. "Software-as-a-Service" (SaaS) — the Services provided to the City to use the Contractor's offering running
on non-City owned infrastructure. The User does not manage or control the underlying cloud infrastructure
including network, servers, operating systems, storage or even individual application capabilities, with the
possible exception of limited user-specific application configuration settings.
41. "Specifications" — those technical specifications attached to the Contract and to which the Services and
Work Products supplied by Contractor must conform.
42. "Statement/Scope of Work" — a written statement of Deliverables including Services and, ultimately, the
Contract, which describes the City's Service needs and expectations.
43. "Subscription Services" — City's access to and use of and Contractor's provision of the SaaS Software
Applications and other Services listed on a SaaS Subscription Schedule and in accordance with the terms
and conditions set forth in the SaaS Subscription Schedule and Contract documents, as appropriate.
44. "Third Party" — any natural person or legal entity other than Contractor and City.
45. "Transition Date" — the date upon which it is established to City's satisfaction that the SaaS Software
Application is stable enough to support City's production processing.
46. "User Information" — all information directly or indirectly obtained from Users accessing the SaaS Software
Applications where such information is obtained by Contractor or by any of its employees, representatives,
agents or any Third Parties having contractual privity with Contractor or who are under Contractor's
supervision or control.
Standard Terms & Conditions 17 Rev. 09-22-2023
CITY OF AUSTIN
STANDARD TERMS AND CONDITIONS
47. "User" — City's employees, agents, consultants, outsourcing companies, contractors and others who are
authorized by City to access and use the SaaS Software Applications and any part or portion of the
Subscription Services or non-Subscription Services in the performance of their duties for City.
48. "Wage Theft" — any action by an employer that secures performance of a service by agreeing to provide
compensation for the service and, after the service is rendered, fails to make full payment.
49. "Work Product" — all deliverables and other materials, products or modifications developed or prepared
for City by Contractor under this Contract, including without limitation, any integration software or other
software, all data, program images and text viewable on the Internet, any HTML code relating thereto, or
any program code, including program code created, developed or prepared by Contractor under or in
support of the performance of its obligations under this Contract, including manuals, training materials and
documentation, but excluding the Contractor's Software.
Standard Terms & Conditions 18 Rev. 09-22-2023
�;,,-� �..
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Solicitation
COVER SHEET
Number RFP 5800 BJT3013
Title
Summary
Type
Version
(Addenda)
Primary
Secondary
Subcontractor
Questions
N otes
OFFERS DUE
Date and
Time
N otes
OFFER OPENING
Date and
Time
N otes
QUESTIONS DUE
Date and
Time
Submission
Method
N otes
(061720)
Language Proficiency Assessment Services
The service is expected to provide, administer, and score a standard exam for eligible City
employees in accordance with the Bilingual Pay Program.
Request for Proposals (RFP)
2
Bartley Tyler, Procurement Specialist III; (512) 974-2023; bartley.tyler@austintexas.gov
AI Drayton, Procurement Specialist IV; (512) 974-2298; alfonso.drayton@austintexas.gov
Small Minority Business Resources Department; (512) 974-7600;
SM BRComplianceDocuments@austintexas.gov
See Solicitation Instructions, 3.1 Authorized Contact Persons.
December 12, 2023 @ 2:00 p.m. CT
See Solicitation Instructions, 5 Offer Submission.
December 12, 2023 @ 3:00 p.m. CT
See Solicitation Instructions, 5 Offer Submission.
November 14, 2023 @ 4:00 p.m. CT
Email Only
See Solicitation Instructions, 3.2 Questions.
www.austintexas.gov/purchasing
Revised 03/01/2023
CITY OF AUSTIN
PRE-OFFER CONFERENCE
Conference
(Yes/No)
Mandatory
(Yes/No)
Date and
Time
Location
N otes
PUBLISHED
Date
Available
Online
Available
Hardcopy
No
N/A
N/A
N/A
N/A
October 23, 2023
Solicitation Cover Sheet
https://www.austintexas.gov/financeonline/account_services/solicitation/solicitations.cfm
Financial Services Department-Central Procurement, 505 Barton Springs Road, Ste 330,
Austin, TX 78704
• � • �•
Document name Pages Date
Solicitation Packet — RFP 5800 BJT3013 Includes the followin�:
Solicitation Cover Sheet
Solicitation Instructions Version 1.1
Terms and Conditions
Scope of Work
Attachment A Compliance Checklist - Complete and return
Pricin� Submittal — RFP 5800 BJT3013 — Complete and return
Offer and Certifications — RFP 5800 BJT3013 — Complete and return
Addendum 1— RFP 5800 BJT3013 — Complete and return
Addendum 2— RFP 5800 BJT3013 — Complete and return
COMMODITY CODES
Code
92420
(061720)
Description
Examination And Testing
www.austintexas.gov/purchasing
2
8
18
7
1
1
5
1
5
11/27/2023
11/27/2023
10/23/2023
10/23/2023
10/23/2023
10/23/2023
10/23/2023
11/01/2023
11/27/2023
Revised 03/01/2023
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1 REQUEST FOR PROPOSALS
Solicitation
INSTRUCTIONS
Version 1.1 11 /27/2023
RFP 5800 BJT3013
1.1 Invitation. The City of Austin invites all Responsible Offerors to submit Proposals to provide the goods and/or
services described in this Solicitation.
1.2 Documents. This Request for Proposals ("RFP" or "Solicitation") is composed of all documents listed in the
Attachments section of the Solicitation Cover Sheet.
1.3 Process. The process described in this RFP is the Competitive Sealed Proposals process. This process is
procedurally compliant with the competitive proposal processes prescribed by Texas Local Government Code
Ch. 252 and Ch. 271.
1.4 Changes. The City may change or revise any of the contents of this Solicitation through the issuance of a
written Addendum. Any Addenda issued will be added to the Attachments section of the Solicitation Cover
1.5
1.6
Sheet. The Version number displayed in the Solicitation Cover Sheet will indicate the number of Addenda
issued. Any explanation, clarification, interpretation or change to the Solicitation made in any other manner is
not binding upon the City, and Offerors shall not rely upon such explanation, clarification, interpretation, or
change. Oral explanations or instructions given before the award of the Contract are not binding.
Review of Documents. Offerors shall review the entire Solicitation, as revised. Offerors shall notify the
Authorized Contact Person(s) listed on the Solicitation Cover Sheet in writing of any omissions, ambiguities,
inconsistencies or errors in the Solicitation prior to the Offer Due Date and Time displayed in the Important
Dates section of the Solicitation Cover Sheet. Offerors shall also notify the City of any Solicitation contents the
Offeror believes may be unreasonably restrictive.
Cancellation. The City reserves the right to cancel this Solicitation at any time for any reason and to resolicit
the goods and services included in this Solicitation.
2 PUBLICATION AND NOTICES
2.1 Publication. This Solicitation was published on the City's financial services website, Austin Finance Online, as
of the Published date displayed in the Solicitation Cover Sheet section.
2.2 Email Notices. On the Solicitation's Published date, email notices regarding this Solicitation were issued to all
vendors registered in Austin Finance Online, that had previously selected the NIGP Codes displayed in the
Solicitation Cover Sheet section. All subsequent email notices regarding this Solicitation will be limited to
those vendors or other persons that subscribe to this Solicitation in Austin Finance Online.
2.3 Newspaper Notices. If applicable, one or more notices of this Solicitation were published in the newspaper as
required by statute.
2.4 Third-Party Notices. Austin Finance Online is the only source of official notices regarding this Solicitation.
Prospective Offerors shall not rely on any notices concerning this Solicitation received from sources other than
Austin Finance Online.
3 COMMUNICATIONS AND MEETINGS
3.1 Authorized Contact Persons. The names and contact information for the authorized contact persons for this
Solicitation are displayed in the Solicitation Cover Sheet. Offerors needing assistance contacting an Authorized
Contact Person regarding this Solicitation may also contact the Financial Services Department- Central
Procurement's main line at (512) 974-2500 and request assistance from any member of the Financial Services
Department- Central Procurement's management team. Offerors may direct specific questions concerning
subcontractors and responding to the Minority-owned Business Enterprise and Women-owned Business
Enterprise Procurement Program requirements to the SMBR contact, also listed on the Solicitation Cover
Sheet.
Solicitation Instructions
(011421)http://www.austintexas.�ov/financeonline/finance/
Page 1
Revised 09/22/2023
CITY OF Solicitation
AUSTIN INSTRUCTIONS RFP 5800 BJT3013
3.2 Questions. Offerors shall submit any questions concerning this Solicitation in writing via e-mail to the
Authorized Contact Persons displayed on the Solicitation Cover Sheet. The City will respond to all questions
received by the Questions Due Date and Time displayed on the Solicitation Cover Sheet. The City will publish
one or more Addenda displaying all timely received questions and the City's responses to each for any
information not already contained in the solicitation.
3.3 Vendor Help Desk. For general questions concerning the City's online financial services system, Austin Finance
Online, Vendor Connection ("Vendor Connection"), Offerors may contact the Vendor Help Desk at (512) 974-
2018. Assistance from the Vendor Help Desk is limited to navigating and using Vendor Connection only. The
Vendor Help Desk will not respond to any questions concerning a specific Solicitation.
3.4 Pre-Offer Conferences. The City may hold one or more pre-offer conferences to review the Solicitation and to
receive verbal questions. The Solicitation Cover Sheet will display if a Pre-Offer Conference is being held and if
attendance at this meeting is mandatory. If a Pre-Offer Conference is planned, the date, location, time, and
any other necessary information regarding this meeting will also be displayed in the Solicitation Cover Sheet.
Attendance at any Pre-Offer Conference will be recorded and will be included in an Addendum published
following the meeting. As the Solicitation is subject to changes (See Solicitation Instruction, 1.4 Changes.)
Offerors shall not rely on verbal exchanges that may occur at a Pre-Offer Conference. Offerors shall continue
to submit all questions in writing. (See Solicitation Instructions, 3.2 Questions.)
3.5 Site Visits. The City may hold one or more site visits to allow prospective Offerors to inspect the location(s)
where work under any resulting contract will be performed and to receive verbal questions. The Solicitation
Cover Sheet will display if a Site Visit is being held and if attendance at this meeting is mandatory. If a Site Visit
is planned, the date, location, time, and any other necessary information regarding this meeting will also be
displayed in the Solicitation Cover Sheet. Attendance at any Site Visit will be recorded and will be included in
an Addendum published following the meeting. As the Solicitation is subject to changes (See Solicitation
Instruction, 1.4 Changes.) Offerors shall not rely on verbal exchanges that may occur at a Pre-Offer
Conference. Offerors shall continue to submit all questions in writing. (See Solicitation Instructions, 3.2
Questions.)
3.6 No-Lobbying. This Solicitation is subject to City Code, Ch. 2-7, Article 6, Anti-Lobbying and Procurement.
(https://assets.austintexas.�ov/purchase/downloads/New ALO Ordinance No 20180614-056.pdf) The No-
Lobbying period for this Solicitation starts on the Published Date displayed on the Solicitation Cover Page. The
No-Lobbying Period continues through the earliest of the following: (i) the Solicitation is cancelled, (ii) the last
of any resulting contract(s) are executed, or (iii) 60-days following Council authorization of the last contract
resulting from this Solicitation. The No-Lobbying Period continues throughout the completion of the solicitation
process. During the No-Lobbying Period, Offerors, Respondents and/or their Agents shall not make any
prohibited communications to City Officials or City employees other than the Authorized Contact Persons.
Respondents include both prospective and actual Offerors.
4 OFFER PREPARATION
4.1 Offer Submittals. Offerors intending to respond to this Solicitation shall download and complete each of the
Submittal documents listed in the Solicitation Cover Sheet. Submittal documents will include additional
Solicitation instructions specific to its contents. Offerors will complete each Submittal in accordance with the
instructions in the submittal. At a minimum, submittals will include a Price Offer, a Technical Offer, and an
Offer and Certifications submittal.
4.2 Alternate Offers. Unless excluded elsewhere in the Solicitation, Offerors may submit alternative Offers, in
addition to their primary Offer. Offerors seeking to submit an alternative Offer may include with their
completed Submittals, any alternative Submittals as applicable.
4.3 Exceptions. Offerors shall indicate if they take exception to any portions of the Solicitation in their Proposal.
Any exceptions included in the Proposal may negatively impact the City's evaluation of the Proposal or may
cause the City to reject the Proposal entirely.
Solicitation Instructions (011421) Page 2
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CITY OF Solicitation
AUSTIN INSTRUCTIONS RFP 5800 BJT3013
4.4 Offer Acceptance Period. All Offers are valid for a period of one hundred and eighty (180) calendar days
subsequent to the RFP closing date unless a longer acceptance period is offered in the proposal.
4.5 Proprietary and Confidential Information. All Offers received and opened by the City are subject to the Texas
Government Code, Ch. 552, and will be made available to the public. Offerors seeking to keep any portions of
their Offer confidential shall mark each such portion as "Proprietary." The City will, to the extent allowed by
law, endeavor to protect such information from disclosure. The City may request a review and determination
from the Attorney General's Office of the State of Texas, of any Proposal contents marked as "Proprietary." A
copyright notice or symbol is insufficient to identify proprietary or confidential information.
4.6 Cost of Offer Preparation and Participation. Offerors are responsible for all costs related to the preparation of
their Offer and incurred while participating in this Solicitation process.
5 OFFER SUBMISSION
All Offers in response to this solicitation shall be submitted electronically via eResponse. For any questions or
problems concerning eResponse, please contact vendor@austintexas.�ov and copy the Procurement Specialist listed
on the Cover Sheet. For immediate attention, call 512-974-2467.
5.1 Electronic Offers. Electronic Offers (electronic documents) shall be submitted to the City of Austin using the
Solicitation's eResponse function, available through the City's online financial system, Austin Finance Online.
To submit Electronic Offers using the eResponse function, Offeror's must first be registered as a vendor with
the City of Austin in Austin Finance Online. See Instructions, Submittin� Offers in Austin Finance Online.
5.1.1 Due Date and Time for Electronic Offers. Electronic Offers in response to this Solicitation shall be
submitted via eResponse by the Offer Due Date and Time displayed in the Important Dates section of
the Solicitation Cover Sheet. The system time within Austin Finance Online shall be the official time of
record for Electronic Offers.
5.1.2 Withdrawing Electronic Offers. Electronic Offers submitted online in response to this Solicitation may
be withdrawn, revised, and resubmitted using the eResponse function any time prior to the
Solicitation's Due Date and Time. Withdrawn Electronic Offers may be resubmitted, with or without
modifications, up to the Solicitation's Due Date and Time.
5.1.3 Late Electronic Offers. The Solicitation's eResponse function in Austin Finance Online will not allow
Electronic Offers to be submitted past the Solicitation's Due Date and Time.
5.1.4 Opening Electronic Offers. The information regarding Electronic Offers will become available on or
shortly after the Offer Opening Date and Time stated on the Solicitation's Cover Sheet. When
Electronic Offers are opened, the names of each Offeror would be displayed within the Solicitation's
eResponse section. For Solicitations conducted via Competitive Sealed Bidding, the Price Offer for
each Offeror will also be displayed in the eResponse section.
6 OFFER EVALUATION
6.1 Basis of Competition. The City may compare Offers based on groups or categories and will choose the basis of
competition that best meets the City's needs for the resulting contracts. The basis of competition for each RFP
will be described in section 11, Evaluation of Offers below.
6.2 Minimum Responsiveness. Proposals are Minimally Responsive when they include all of the Submittals listed
in this Solicitation, completed and with sufficient detail in each to evaluate the Proposal in accordance with
the Solicitation's Instructions. Proposals that are not Minimally Responsive may be deemed non-responsive
and rejected.
6.3 Responsibility. An Offeror is responsible if they have the financial and practical ability, resources, expertise,
past performance, and positive compliance history with all City ordinances. An Offer may be rejected if an
Offeror is determined to not be responsible.
Solicitation Instructions (011421) Page 3
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CITY OF Solicitation
AUSTIN INSTRUCTIONS RFP 5800 BJT3013
6.4 Clarifications. Any time after the opening of Proposals, the City may contact Offerors to ask questions about
their Proposal's contents in order to better understand these contents as-written. Responses to clarification
questions, whether done verbally or submitted in writing, do not change the Proposal's contents. Clarifications
are not to be confused with Discussions as described herein.
6.5 Evaluation. Proposals that are Minimally Responsive will be evaluated based on the Evaluation Factors listed
in Section 11.1 of the Solicitation Instructions. Evaluation Factors correspond to their specified Submittals and
shall indicate their respective weighting next to each. Proposal submittals not identified as Evaluation Factors
will be evaluated on a pass / fail basis in accordance with the Solicitation's Instructions and any further
instructions within each Solicitation. Although minimum responses are required in all Submittals, the
Submittals identified as Evaluation Factors will be used to differentiate the Proposals and to identify which
Proposal(s) represent the Best Value to the City. The City's evaluation may be made without Clarifications or
Discussions with Offerors. Proposals should, therefore, include the Offeror's most favorable terms.
6.6 Discussions and Proposal Revisions. After completing initial evaluations, the City may enter into Discussions
(communications which may include negotiations and feedback about the Proposal submitted) with one or
more Offerors submitting the highest rated Proposal(s). Following the completion of Discussions, the City may
request Proposal revisions from these Offerors. The City may seek multiple rounds of Discussions and Proposal
revisions as deemed necessary by the City. The City may revise its initial evaluations depending on the
contents of any Proposal revisions received following these Discussions.
6.7 Interviews/Presentations. The City may require that one or more Offeror submitting the highest rated
Proposals participate in interviews and/or presentations.
7 CONTRACT AWARD AND EXECUTION
7.1 Award Determination. City staff will recommend Contract award to the Offeror(s) submitting the highest
rated Proposal(s) based on the Evaluation Factors set forth in this Solicitation. The Award Determination will
be published to Austin Finance Online and notice will be sent to all Offerors subscribed to the Solicitation.
7.2 Multiple Awards. If the City determines that multiple contracts are needed, the City will award one or more
additional contracts to the Offeror(s) submitting the next highest rated Proposal(s).
7.3 Contract Execution. Contracts within the City Manager's authority will be awarded and executed
simultaneously. Contracts above the City Manager's authority will be executed following their authorization by
the Austin City Council.
8 ADMINISTRATIVE MATTERS
8.1 Solicitation File. All documents included in this Solicitation, and all timely received Offers in response to this
Solicitation, except for Offer contents deemed by Offerors to be proprietary and confidential, will be available
for public inspections upon the execution of the contract.
8.2 Debriefings. Offerors may request a debriefing meeting to ask any questions concerning the Solicitation's
contents, process, or the evaluation of their Offer. Debriefing meetings are informal exchanges and may be
requested anytime following the earlier of (i) after the contract resulting from this Solicitation is executed, or
in the case of multiple awards, the last contract is executed; (ii) the date the Solicitation is cancelled.
Debriefings are not public called meetings in accordance with the Texas Open Meetings Act and are usually
limited to a single Offeror and any of their representatives. Only information regarding the Solicitation
documents and the Offeror's Offer (including City's evaluation of the Offer) in response to the Solicitation will
be discussed.
8.3 Reservations. The City reserves the right to: (i) specify approximate quantities in the Solicitation; (ii) extend
the Solicitation due date and time; (iii) add additional terms or modify existing terms in the Solicitation; (iv)
reject an Offer containing exceptions, additions, qualifications or conditions not called for in the Solicitation;
(v) reject an Offer received from an Offeror who is currently debarred or suspended by the City, State, or
Federal Government; (vi) reject an Offer that contains fraudulent information; (vii) reject an Offer that has
Solicitation Instructions (011421) Page 4
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CITY OF Solicitation
AUSTIN INSTRUCTIONS RFP 5800 BJT3013
8.4
material omissions; (viii) reject any or all Offers; (ix) procure any goods or services included in this Solicitation
by other means; (x) consider and accept alternate Offers, if specified in the Solicitation, when most
advantageous to the City; (xi) reject an Offer if prices in the Offer are unbalanced (some prices are significantly
high and other prices are significantly low) and/or (xii) waive any minor informality in any Offer or procedure
so long as the deviation does not affect the competitiveness of the Solicitation process.
Protests. The Financial Services Department - Central Procurement has the authority to settle or resolve any
claim of an alleged deficiency or protest. The procedures for notifying the City of Austin of an alleged
deficiency or filing a protest are listed below. If you fail to comply with any of these requirements, the
Financial Services Department - Central Procurement may dismiss your complaint or protest.
8.4.1 Protest regarding the Solicitation (Pre-Submittal Protest). Any protest regarding the Solicitation by the
City shall be filed no later than five (5) business days prior to the due date and time for proposals. Any
protest filed after that date which raises issues regarding the Solicitation will not be considered.
8.4.2 Protests regarding the evaluation of Proposals. Any protest regarding the evaluation of Proposals by
the City shall be filed with the City no later than five (5) business days after the notification of award
8.4.3
8.4.4
recommendation is posted on Austin Finance Online, or notification that the protestor's status as a
Offeror has changed, such as notification that an Offer has been found to be non-responsive or an
Offeror has been found to be non-responsible. Any protest filed after such date which raises issues
regarding the evaluation will not be considered. Offerors may only protest the evaluation of their
Proposal.
Protest Regarding Award of Contract (Post-Award Protest). Any protest regarding the award of the
contract shall be filed no later than ten (10) business days after the date of award. Any protest
regarding the award of the contract filed after such date will not be considered.
You shall submit your protest in writing and it shall include the following information: (i) your name,
address, telephone, and email address; (ii) the Solicitation number; (iii) the specific facts and/or law
upon which the protest of the Solicitation or the award is based, including all pertinent documents
and evidence thereto; and (iv) the form of relief requested.
8.4.5 Your protest shall be concise and presented logically and factually to help with the City's review.
8.4.6 When the City receives a timely written protest, the Financial Services Department - Central
Procurement will determine whether the grounds for your protest are sufficient. If the Financial
Services Department - Central Procurement decides that the grounds are sufficient, the Financial
8.4.7
8.4.8
8.4.9
Services Department - Central Procurement will schedule a protest hearing, usually within five (5)
business days. If the Financial Services Department - Central Procurement determines that your
grounds are insufficient, the City will notify you of that decision in writing.
The protest hearing is informal and is not subject to the Open Meetings Act. The purpose of the
hearing is to give you a chance to present your case, it is not an adversarial proceeding. Those who
may attend from the City are: representatives from the department that requested the purchase, the
Department of Law, the Financial Services Department- Central Procurement, and other appropriate
City staff. You may bring a representative or anyone else that will present information to support the
factual grounds for your protest with you to the hearing.
A decision will usually be made within fifteen (15) calendar days after the hearing.
The City will send you a copy of the hearing decision after the appropriate City staff has reviewed the
decision.
8.4.10 When a protest is filed, the City usually will not make an award until a decision on the protest is made.
However, the City will not delay an award if the City Manager or the Financial Services Department -
Central Procurement determines that the City urgently requires the supplies or Services to be
purchased, or failure to make an award promptly will unduly delay delivery or performance. In those
instances, the City will notify you and make every effort to resolve your protest before the award.
Solicitation Instructions (011421) Page 5
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CITY OF
AUSTIN
9 DEFINITIONS
Solicitation
INSTRUCTIONS RFP 5800 BJT3013
Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the
Contract, the UCC definition shall control, unless otherwise defined in the Contract.
"Addendum" means a written instrument issued by the Contract Awarding Authority that modifies or clarifies the
Solicitation prior to the Due Date. "Addenda" is the plural form of the word.
"Best Offer" means the best evaluated Offer in response to a Request for Proposals or Request for
Qualifications/Statements.
"Best Offeror" means the Offeror submitting the Best Offer.
"City" means the City of Austin, a Texas home-rule municipal corporation.
"Offer" means a complete signed response to a Solicitation including, but not limited to, a Request for Proposals.
"Offeror" means a person, firm, or entity that submits an Offer in response to this Solicitation. Any Offeror may be
represented by an agent after submitting evidence demonstrating the agent's authority. The agent cannot certify as
to his own agency status.
"Proposal" means a complete, properly signed Offer to a Request for Proposals.
"Financial Services Department - Central Procurement" refers to the line of business within the City of Austin's
Financial Services Department, responsible for the City's procurement business function.
"Chief Procurement Officer" means the officer of the Financial Services Department — Central Procurement and the
principal recipient of procurement authority from the City Manager.
"Request for Proposals" means all documents utilized for soliciting Proposals.
"Responsible Offeror" means the financial and practical ability of the Offeror to perform the Contract and takes into
consideration resources, expertise, and past performance of the Offeror as well as compliance with all City
ordinances concerning the purchasing process.
"Responsive" means meeting all the requirements of a Solicitation.
"Solicitation" means this Request for Proposals or RFP.
"Wage Theft" means any action by an employer that secures performance of a service by agreeing to provide
compensation for the service and, after the service is rendered, fails to make full payment.
10 PROPOSAL SUBMITTALS
10.1 Executive Summary. Provide an Executive Summary that summarizes your RFP response and confirms that the
Proposer will comply with the requirements, provisions, terms, and conditions specified in this solicitation.
The Executive Summary should be in the form of a standard business letter on official business letterhead and
signed by an authorized representative of Proposer. Include the complete name and address of your firm,
telephone number, and email address of the person the City of Austin should contact regarding your firm's
response.
Solicitation Instructions (011421) Page 6
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AUSTIN
Solicitation
INSTRUCTIONS RFP 5800 BJT3013
10.2 Authorized Negotiator: Include name, address, email, and telephone number of a person in your organization
authorized to negotiate Contract terms and render binding decisions on Contract matters.
10.3 Service-Understanding of and Capacity to Provide Service Requirements. (45 Points)
10.3.1 Describe organi a on s relevant experience providing services described in the Scope of Work.
Include any experience working with local government agencies and in your own words clearly
demonstrate your understanding of the Scope of Work Sec on 0500) and your applicable, and
relatable experience.
10.3.2 Provide inter reta on services in a variety of specialized se ngs listed in the Scope of Work (Line 1.2)
10.3.3 Validate employee skill level for each Language ro ciency Assessment exam and report final outcomes
on Pass/Fail basis.
10.3.4 Provide process for retaining employee les, including but not limited to: exam results, scoring matrix,
recordable edia, and any addi onal aterial or infor a on co iled for the e a .
10.3.5 Provide process for assigning points of contact (POCs) for co unica ons with the City ofAus n, including
local re resenta e at either the supervisory or program management level.
10.3.6 Describe scheduling process, including scheduling so ware, how requests for services are con r ed,
including requests for cancella on or changes.
10.3.7 Provide Quality Assurance Plan (QAP) — per approval of the City— for monitoring, tracking, and assessing
the uality of ser ices ro ided. A ust also describe how the contractor will iden fy and resol e
ser ice issues, including es ated a i u res onse e for roble .
10.3.8 ro ide details on organi a on s custo er ser ice olicies, turn-around es and work ow on orders
for transla on services. Provide a detailed response to the items listed in the Scope of Work resolution.
10.4 Agency Qualifications —(10 Points) The Proposer shall provide up to five (5) references for which you or your
firm have provided services of similar scope and magnitude as described in the solicitation.
10.5 Personnel -(10 Points) Qualifications and Expertise of Exam Administrators.
10.5.1 Provide documentation of degrees, certifications, and/or professional trainings.
10.5.2 Provide resu es and or rofessional e erience and educa on. Resu es should include e erience s
providing language and inter reta on services, such as with (1) Over the Phone (2) On-Site (In Person) and
(3) Video Remote
10.6 Portfolio of Work (12 Points)
10.6.1 Provide documents used to show the validity of the exam.
10.6.2 Provide sample of a Language ro ciency Assessment exam (Spanish preferredJ, with written summary of
the scoring matrix grading criteria.
10.6.3 Provide sample of auditory or visual recordable media.
10.6.4 Provide sample of tes ng standards used for exam.
10.6.5 Provide sample process for scheduling and rescheduling exam.
10.6.6 Provide sample no ca on (pass/fail).
10.6.7 Provide sample of guides for test takers.
10.6.8 Provide sample re or ng format.
10.6.9 Provide sample of invoice for services rendered.
10.7 Price Proposal. (10 Points) Whichever Offeror offers the City the most competitive price will be awarded the
maximum amount of points. Remaining points will be distributed on a pro-rated basis.
10.8 Local Business Presence. (10 Points) The City seeks opportunities for businesses in the Austin Corporate City
Limits to participate on City contracts. The Local Business Presence form in the Offer and Certifications section
must be completed to be considered for Local Business Presence. Points will be awarded through a
Solicitation Instructions (011421) Page 7
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CITY OF Solicitation
AUSTIN INSTRUCTIONS RFP 5800 BJT3013
combination of the Offeror's Local Business Presence and/or the Local Business Presence of their
subcontractors. Evaluation of the Team's Percentage of Local Business Presence will be based on the dollar
amount of work as reflected in the Offeror's MBE/WBE Compliance Plan or MBE/WBE Utilization Plan. Any
Offers with subcontracting not indicating specific percentages or dollar amounts will not receive Local
Business Presence points for subcontracting.
10.9 Service-Disabled Veteran Business Enterprise ("SDVBE"). (3 Points) Pursuant to the interim Service-Disabled
Veteran Business Enterprise (SDVBE) Program, Offerors submitting proposals in response to a Request for
Proposals shall receive a three point (3 percent) preference if the Offeror, at the same time the proposal is
submitted, is certified by the State of Texas, Comptroller of Public Accounts as a Historically Underutilized
Business and is a Service-Disabled Veteran Business Enterprise. This preference does not apply to
subcontractors. To receive this preference, Offerors shall complete the enclosed Section 0840 Service-
Disabled Veterans Business Enterprise Preference Form, in accordance with the Additional Solicitation
Instructions included therein.
11 EVALUATION OF OFFERS
11.1 Evaluation Factors
RFP Evaluation Factors
Service-Understanding of and Capacity to Provide Service Requirements
Agency Qualifications
Portfolio of Work
Personnel
Price Proposal
Local Business Presence
Team's Local Business Presence
Local business presence of 90% to 100%
Local business presence of 75% to 89%
Local business presence of 50% to 74%
Local business presence of 25% to 49%
Local presence of between 1 and 24%
No local presence
Service-Disabled Veteran Business Enterprise
Total
Maximum
Points
45
10
12
10
10
10
Points Awarded
10
8
6
4
2
0
3
100
11.2 Interviews and/or presentations, Optional. The City will score proposals on the basis of the criteria listed above.
The City may select a"short list" of Proposers based on those scores. "Short-listed" Proposers may be invited
for presentations, demonstrations, or discussions with the City. The City reserves the right to re-score "short-
listed" proposals as a result, and to make award recommendations on that basis.
Solicitation Instructions (011421)
Page 8
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Scope of Work
SOLICITATION NO. RFP 5800 BJT3013
Language Proficiency Assessment Services
1.0 Purpose
The purpose of this contract is to provide the City of Austin, herein referred to as the "City," a qualified
contractor with experience and specialization in validating proficiency in Spanish and other languages
through suitable Language Proficiency Assessments. The service is expected to provide, administer,
and score a standard exam for eligible City employees in accordance with the Bilingual Pay Program.
As such, the focus of this service will be to qualify the City's employees in participating in the program
using verbal examinations for Spanish, French, German, Italian, Portuguese, Arabic, Mandarin
Chinese, Cantonese, Vietnamese, Korean, Burmese, Hindi, Nepali, Pashto, Swahili, Tigrinya, and other
languages.
3.0 Term of Contract
This Contract shall remain in effect for an initial term of twenty-four (24) months, or the City
terminates the Contract. This Contract may be extended automatically beyond the initial term for up
to three (3) additional twelve (12)-month periods at the City's sole option.
4.0 Back�round
The City recognizes the value of having employees who speak and understand languages other than
English to communicate with non-English-speaking residents in both emergency and non-emergency
situations. The City currently has a Bilingual Pay Program, which provides an incentive to City
employees who meet program eligibility requirements and successfully pass the Language Proficiency
Assessment. The examination service utilized must assess skill level for languages other than English;
thus, proposers must offer proficiency examination services for languages in addition to Spanish.
5.0 Tasks/Reauirements
5.1 Contractor's Responsibilities
5.1.1 The City anticipates entering into an agreement with the successful proposer,
hereinafter referred to as "Contractor," for the administration and scoring of a
Language Proficiency Assessment for eligible City employees. Each exam
administered shall be documented in the format of auditory or visual recordable
media.
1
5.1.2 Contractor shall administer a Language Proficiency Assessment, which measures the
skill level of the tested language based on standards set by established language skill
authorities. The language standards shall comply with all applicable State, Federal,
Local, or professional authorities' rules, regulations, and laws. The Contractor will
recommend a standard for use in test administration. In addition, the Contractor shall
identify and propose a recommended exam to the City, should more specialized
language be necessary to meet the business need of a particular work environment.
5.1.3 Contractor will have the sole responsibility of validating the skill level for each
employee taking the Language Proficiency Assessment and report the outcomes on a
pass/fail basis to the City of Austin, within five (5) business days of completing the
assessment.
5.1.4 Exams shall be available Monday through Friday during normal business hours (8:00
a.m. to 5:00 p.m. Central Time). See Line 5.2.2 for details regarding assessment
availability after normal business hours.
5.1.5 Contractor shall provide all materials, such as testing URL links, and equipment
required to conduct all languageexaminations for eligible employees on an
appointment basis
5.1.6 Contractor shall conduct and provide examinations within five (5) business days
from the requested schedule date forCity employees.
5.1.7 Contractor shall meet with the City to discuss the standard exam, revisions, scoring
matrix and any other examination materials. Should the need arise for a revised
exam, it must be submitted by the Contractor to the City within thirty (30) calendar
days of the request in its final form. In addition, the Contractor is expected to be
available to answer any questions concerning the examination material and grading
process. This to assure that the City's Bilingual Pay Program requirements are met.
5.1.8 Contractor shall assign the City two (2) Points of Contact who must be available to
answer any billing, invoicing or service inquiries via phone and email within forty-
eight hours (48) hours or two (2) business days of the initial inquiry. The first Point of
Contact shall be the Primary Contact and the second shall be the Alternative Contact.
If either Points of Contact is unavailable, the Contractor shall immediately notify the
City Department's Contract Manager upon notice of unavailability and provide the
contact information of one (1) replacement or provisional Point of Contact.
5.1.9 If the testing is to be conducted at a designated location, the site needs to be within
a 25-mile radius from the State Capital, and within the city limits of Austin. The City
reserves the right to inspect the facility and ensure there is adequate parking
accommodations prior to recommendation of an award.
5.1.10 It is the Contractor's responsibility to produce and provide examination materials
directly to the eligible employee. The materials must include the notification,
including the date, time, manner, and, if necessary, location of the examination and
2
the specific testing guidelines.
5.1.11 Contractor shall provide exam results to the City within five (5) business days after
completion of the assessment. The Contractor will not provide any test results or
related informationregarding City employees to any staff outside of the Human
Resources Department (HRD).
5.1.12 Employees who participate in a language assessment shall be able to appeal the
results of the test through procedures established by the City. The Contractor shall
review the appeal within the parameters assigned to the pass/fail. The review shall
be done at no additional cost to the City. All review findings must be communicated
to the City Department's Contract Manager. Depending on the requirements of the
Contractor, the Contractor may be responsible for processing the appeals. The City is
also responsible for processing the appeals. If the appeal is won by the employee, the
Contractor will credit the cost of the test on the next invoice.
5.1.13 Contractor shall retain all employee files. Each employee file is to contain, at a
minimum, a copy of examination results, scoring matrix, and recordable media. Any
additional material or information compiled for the examination may also be retained
in lieu of one of the aforementioned documents. The Contractor will maintain these
records for a period of one (1) year from the examination completion date.
5.1.14 Contractor shall submit an accurate invoice by the 10t" day of each month to HRD for
all tests conducted the prior month. The invoice shall include a unique invoice
number, the Employee name and Department, test date, type of test administered,
and language tested. Contractor will NOT accept payment directly from tested
employees.
5.1.15 Contractor must defend the exam's reliability and validity, if requested to do so,
through expert testimony in court or administrative proceedings.
5.1.16 Contractor shall possess an existing Language Proficiency Assessment and submit a
sample with the proposal. The design of the proficiency assessment reflects a broad
understanding of the tested language and may be revised to address inclusion of
additional specialized technical skills or languages. See line 5.2.1 for more details
regarding assessment revisions.
5.1.17 The Contractor will assign an individual who will conduct and assess the Language
Proficiency Assessment. The individual must have the following minimum
qualifications:
• A bachelor's degree in the target language from an accredited
university or a state teaching certificate; and
• At least two (2) years of experience in teaching the target
language, administrating target language/English language
assessments, or teaching English as a second language to target
3
language-speaking students.
OR
• A certificate from the American Council on the Teaching of
Foreign Languages, or similar certificate.
OR
• Be a native speaker and educated at the university level in the
target language.
5.1.18 The individual administering the Language Proficiency Assessment shall be bilingual
with one language being English.
5.1.19 The Contractor shall develop and administer a Language Proficiency Assessment to
eligible employees to determine proficiency using the target language in various work
environments.
5.1.20 The Contractor shall be available to address contract management issues regarding
the exam or to answer questions regarding assessment results throughout the year.
5.1.21 Contractor shall produce, by request or monthly (due at the end of each month),
accurate activity reports that include other information pertinent to any appeal or
inquiries submitted to Contractor by the City. The reports shall also include activity
during the latest period as well as year-to-date. The activity reports must also detail
the following:
• Number of tests administered,
• Employee Name,
• Employee Department
• Language
• Outcome
• Exam Type (initial/Re-Exam),
• Results of Scoring Matrix,
• Exam Date,
� Cost
5.2 City's Responsibilities
5.2.1 The City may be responsible for revising the Contractor's standard exam.
The revisions may include, but are not limited to, the inclusion of additional
languages or exam designs used to validate proficiency in more specialized
areas, as represented below:
• Medical — care and treatment of patients in a clinic setting
• Medical billing
• Court room administration
• Development
4
Code compliance
Emergency operations
5.2.2 The City will provide advance notice should a test date be required outside
the City's normal business hours of operation. The City estimates this will
occur not more than 5 times per year. See Line 5.1.4 for details regarding
requested assessment availability.
5.2.3 The City, in addition to the Contractor, shall also be responsible for
processing any of the appeals. See Line 5.1.12 for details regarding exam
appeals and appeal reviews.
6.0 Specific Invoice Requirements
The City's preference is to have invoices emailed to BilingualRequest.austintexas.gov.
7.0 Desi�nation of Kev Personnel
The City and the Contractor resolve to keep the same key personnel assigned to this engagement
throughout its term. If it becomes necessary for the Contractor to replace any key personnel, the
replacement will be an individual having equivalent experience and competence in executing
projects such as the one described herein. Additionally, the Contractor shall promptly notify the City
and obtain approval for the replacement. Such approval shall not be unreasonably withheld. The
Contractor's and City's key personnel are identified as follows:
Title
City Contract Manager
Compensation Division Contract
Monitor
Bilingual Pay Program
Coordinator
City Contract Administrator,
Procurement Specialist
Contractor's Key Personnel
Contractor's Key Personnel
8.0 Deliverables/Milestones
Deliverables/
Milestones Description
Name
Sasha Saeedi
Eliza Nguyen
Beronica
Regalado
Bartley Tyler
Phone Number
512-974-1950
512-974-3235
512-974-2023
Email Address
Sasha.Saeedi(�austintexas.�ov
Eliza.N�uven(�austintexas.�ov
Bilin�ualRequest(�austintexas.�ov
Bartlev.Tvler(�austintexas.�ov
Renee Tarrant 914-207-2058 rtarrantC�lan�ua�etestin�.com
Maritza Riveros 914-963-7110 billing@languagetesting.com
Performance Measure/ Contract
Timeline Reference
Acceptance Criteria
/ Section
Invoice Contractor shall submit
Timeliness an invoice to HRD for all
tests conducted the
prior month.
By the 10th of The invoice shall include a 5.1.14
each month unique invoice number,
Employee name and
Department, test date, type
of test administered, and
language tested.
5
Invoice
Accuracy
Exam Results
& Skill
Validation
Invoices must include
accurate values and
details.
Contractor shall validate
the skill level of each
employee and provide
accurate exam results
within five (5) business
days after completion of
the assessment
Records Contractor will maintain
participating City
employee records
Assessment Contractor shall conduct
and provide
examinations (5)
business days from the
requested schedule
date.
Testing Contractor must provide
Materials all materials, including
testing URL links, and
equipment required for
testing.
Activity Contractor shall
Reports produce accurate and
timely activity reports
Correct Contractor shall
Assessment produce correct
assessments.
By the 10`h of
each month
Within 5
business days of
assessment
completion
Maintain
records for a
period of one (1)
year from the
exam
completion date
Within S
business days of
requested
schedule date
On an
appointment
basis
Upon request or
by end of
following month
By the next
invoice
Values and details include,
but are not limited to,
quantity of tests, total cost
of assessments, and the
performance measures
listed under "Invoice
Timeliness."
Each employee file is to
contain, at a minimum, a
copy of examination results,
scoring matrix, and
recordable media. Any
additional material or
information compiled for the
examination may also be
retained in lieu of one of the
aforementioned documents.
Activity reports shall be
accurate and include other
information pertinent to any
appeal or any inquiries
submitted.
Contractor must produce
100% correct assessments.
Contractor will credit the
5.1.14
5.1.3
5.1.11
5.1.13
5.1.5
5.1.6
5.1.5
5.1.21
5.1.12
[�
Service
Support
Timeliness
Assigned Points of
Contact to the City must
be available to answer
any billing or service
inquiries.
9.0 Appendices/Exhibits
Within three (2)
business days of
the inquiry
9.1 Attachment A: Compliance Checklist
cost of the test on the next
invoice if an appeal (against
an assessment) is won by
the participating employee.
Communication mediums
must include phone and
email
5.1.8
7
Exhibit A
City of Austin
Financial Services Department - Central Procurement
505 Barton Springs Road, Ste 330
Austin, TX 78704
Attention: BartleyTyler
Dear Bartley,
Language
Testing
Ini�rna�ional
December 8, 2023
Language Testing International (LTI) is pleased to respond to the City of Austin's Request for Proposal �FP # 5800
BJT3013 Language ProficiencyAssessment Services to validate the speaking proficiency of bilingual talent in
support of the City's Bilingual Pay Program. Using ACTFL assessments delivered exclusively by LTI, a positive test
taker experience will be delivered while reducing time, effort, and costs for the City to ensure it hires the right
bilingual talent.
1.1 Executive Summary
Language Testing International (LTI) was founded in 1992 as the exclusive licensee of the American Council on the
Teaching of Foreign Languages (ACTFL). ACTFL was founded in 1967 and has continued to be the leader in the
development of proficiency-based teaching and testing resources for over 55 years. LTI, with over 30 years of
experience, is the sole source provider of ACTFL's proprietary assessments and has conducted testing for
employment purposes in government agencies at all levels, Fortune 500 corporations, industry organizations, and
academia. As the leader in language proficiency testing in over 120 languages, LTI delivers over 1,000,000
assessments every year in over 60 countries. Results of speaking, writing, reading, and listening assessments can be
reported according to any of the internationally recognized rating scales (ACTFL Proficiency Guidelines, Common
European Framework of Reference (CEFR), and Interagency Languages Roundtable (ILR) Skill Level Descriptors.
ACTFL assessments are used for research purposes and the results of the research are broadly publicized,
recognized, and cited in the field of language assessment.
ACTFL develops its assessments through research, item analyses, validation studies, and reliability evidence and
enjoys unprecedented respect and recognition across government, corporations, and academia, representing the
highest standards for validity, reliability, and defensibility in language testing.
To ensure the quality and validity of our tests, LTI uses only ACTFL trained and certified testers and raters. The
required rigorous training and certification of testers and raters is unique to ACTFL. All testers and raters have a
minimum requirement of a graduate degree in the language they assess. The training includes live and online
workshops, as well as practice and certification rounds of assessment and rating. The ACTFL Quality Assurance
Team monitors ongoing test quality and rater reliability of the LTI testing program.
All assessments are delivered through and supported by the LTI Help Desk. We provide secure, online client
accounts over which clients can request tests, monitor progress, and retrieve results. LTI conducts oral proficiency
testing of a similar nature and scope to the City's requirements for Federal Agencies with tightly regulated security
requirements, such as the US Department of Defense, the US State Department, and the Department of Homeland
Security and local state, county, and city agencies such as the City of Fort Worth, City of Portland, City and County
of Denver, and the Oregon Department of Human Services. LTI is fully equipped and prepared to conduct testing in
the languages, service requirements, provisions, terms, and conditions of the City.
1
Language
Testing
Ini�rna�ional
Language is our focus, and we make sure it is measured correctly. LTI understands how important effective
communication can be, not only in everyday life, but for successful business interactions held domestically and
abroad. Hiring the right test takers for employment who communicate proficiently in another language to perform
job tasks, reduce issues, and move business forward more quickly are paramount to success. LTI is a customer-
focused organization that works in partnership with its clients. Through an understanding of the client's goals, we
develop the best language assessment plan to meet the assessment and reporting needs of each client and their test
takers. We do this through LTI's Task Analysis procedure to establish the minimum level of language proficiency
recommendation to qualifytalentfor the bilingual role(s), our proprietaryweb-based test management and delivery
systems and platforms.
LTI's corporate headquarters are at 580 White Plains Road, Suite 660 Tarrytown, NY 10591. This location is LTI's
primary and sole office location for all operations. I will be the main point of contact regarding LTI's response to this
RFP, and the contract manager should LTI win the RFP award.
We look forward to the opportunity to work with the City of Austin.
Respectful ly,
�`".�� l �,r,'�`�G'
Renee Tarrant
Global Accounts and Sales Manager
LanguageTesting International, Inc.
580 White Plains Rd, Suite 660
Tarrytown, NY 10591
rtarrantC�lan�ua�etestin�.com
1-914-207-2058
2
Language
Testing
Ini�rna�ional
1.2 Authorized Negotiator
Renee Tarrant is LTI's main point of contact authorized to negotiate Contract terms and render binding decisions on
Contract matters. Her contact information is:
Renee Tarrant
580 White Plains Rd, Suite 660
Tarrytown, NY 10591
rtarrantC�lan�ua�etestin�.com
1-914-207-2058
Renee is available to address contract management inquiries or issues regarding the assessment program. Service
inquiries are addressed within 24 business hours either via email and/or telephone. LTI Support is also available as a
point of contact via:
LTI Support
1-914-963-7110 (option 1)
suqportC�lan�ua�etestin�.com
Available Monday through Friday from 8 am to 7 pm US Eastern
1.3 Service - Understanding of and Capacity to Provide Service Requirements
1.3.1 Describe relevant experience of language testing services:
The ACTFL Proficiencv Guidelines used in rating language assessments are internationally recognized and
have set the standard for which language ability is measured worldwide. No other language test meets the
standards of an ACTFL assessment. ACTFL assessments provide a full, broad, and rich opportunity for test
takers to demonstrate their language ability, particularly regarding the language production elicited through
the productive skills tests of speaking and writing, which is key to rating reliability. ACTFL assessments
directly evaluate test takers' functional ability, providing each test taker with many opportunities to actively
show what they can do with language.
ACTFL's language assessments delivered exclusively by LTI are constructed on internationally recognized
frameworks of reference (ACTFL, CEFR - Common European Framework of Reference, and ILR -
Interagency Languages Roundtable) for languages by leading assessment experts based on research that is
broadly publicized, recognized and cited in the languages assessment field. All ACTFL tests conform to ILTA
(International Language Testing Association), ALTE (Association of Language Testers in Europe) and ASTM
(American Society for Testing and Materials) language testing standards.
Proficiency scales and proficiency-based testing are designed to measure language users' ability to perform
communicative tasks as compared to established guidelines. Second language instruction in Europe uses the
CEFR scale to measure progress while in the United States educators, corporations, and non-federal
government agencies use the ACTFL scale to measure language proficiency. The ILR scale is widely used by
federal government entities within the US. Each of the proficiency scales can be used for different types of
organizations and users. LTI is authorized to rate proficiency on each of these three (3) scales of proficiency.
In partnership with ACTFL for over 30 years, LTI provides the industry standard in language testing. To assist
the City in implementing a process to assess an individual's level of linguistic proficiency to determine a
qualifier for a bilingual stipend, LTI understands the City is seeking to evaluate the oral (verbal) proficiency
3
Language
Testing
Ini�rna�ional
skills in Spanish, French, German, Italian, Portuguese, Arabic, Mandarin, Cantonese, Vietnamese, Korean,
Burmese, Hindi, Nepali, Pashto, Swahili, Tigrinya, and other languages.
LTI proposes to assess the oral language proficiency of the City's bilingual test takers using our standard,
most widely used and wel I-proven speaking assessment tools in use globally across government, academia,
and corporations: the ACTFL Oral Proficiency Interview (OPI) for common languages and languages of lesser
diffusion such as Burmese, Cantonese, Hindi, Nepali, Pashto, Swahili, and Tigrinya, and the ACTFL Oral
Proficiency Interview by Computer (OPIc) for commonly tested languages including the City's languages of
Arabic, French, German, Italian, Korean, Mandarin, Portuguese, Spanish, and Vietnamese. The speaking tests
are designed to elicit a ratable sample a speech through the delivery of open-ended question prompts that
cover a range of work-themed and general topics allowing a test taker to showcase their proficiency in the
target language being tested.
Some examples of clients like the City of Austin using oral language proficiency assessments to qualify their
bilingual staff for incentive pay include City of Fort Worth, City of Waco, City of Roanoke, TX, City of
Portland, City and County of Denver, and many others throughout Texas and the United States. LTI has the
experience needed to meet the City's testing needs through ACTFL assessments rated on any one of the 3
globally recognized scales of proficiency that are trusted and recognized worldwide.
The proposed test options listed below allowfor testing during City business hours between 8:00 am and
5:00 pm Central Time at an on-site office location designated by the City. LTI's assessments can also be taken
off-site/remotely anytime, anywhere convenient to the test taker should the City want to expand the
availability of testing times beyond its normal business hours. If testing remotely, off-site from City
department locations, and test taker I D verification is needed, LTI offers a virtual remote proctor service to
ensure the integrity of the test session is not compromised. Off-site, remote testing can also be conducted
without verifying the identity of the test taker. Test results are posted within 24 to 48 business hours to the
Client Site Portal once the assessment has been completed.
Oral Proficiency Assessments
• ACTFL Oral Proficiency Interview (OPI) - Speaking Test
o Test Type: The flagship of ACTFL assessments is the Oral Proficiency Interview (OPI). The ACTFL
OPI is a speaking test delivered by telephone scheduled on a date and time convenient to the test
taker and the ACTFL-certified (human) OPI Tester. The OPI requires advance scheduling to allow
for schedule matching between the OPI Tester and the City's test taker availability.
o Languages: Available in over 120 languages: Afrikaans, Albanian, Algerian, Amharic, Arabic,
Armenian, Assyrian, Azerbaijani, Baluchi, Belorussian, Bengali, Bosnian, Bulgarian, �urmese,
Cambodian, Cebuano, Chechen, Chinese-Cantonese, Chinese-Mandarin, Croatian, Czech,
Danish, Dari, Dhivehi, Djerma/Zarma, Dutch, Egyptian, English, Estonian, Ewe, Finnish, Fon,
French, Fula/Peul, Fula/Toucouleur, Ga, Georgian, �erman, Greek, Guajarati, Haitian Creole,
Haryanvi, Hassaniya, Hebrew, Hilgaynon, F�indi, Hmong, Hungarian, Icelandic, Igbo, Ilocano,
Indonesian, Iraqi, Italian, Japanese, Javanese, Jordanian, Kashmiri, Kazakh, Kinkongo,
Kinyarwanda, Korean, Krio, Kurdish, Kurdish-Kamanji, Kurdish-Sorani, Kuwaiti, Lao, Latvian,
Lebanese, Levantine, Libyan, Lingala, Luganda, Macedonian, Malay, Malayalam, Mandingo-
Bambara, Mandingo-Malinke, Marathi, Mongolian, Moroccan, �epali, Norwegian, Palestinian,
Pashto, Pashto-Peshawari, Persian, Persian-Farsi, Polish, Portuguese-Brazilian, Portuguese-
European, Punjabi, Romanian, Russian, Samoan, Saudi, Serbian/Croatian, Sindhi, Sinhalese,
Slovak, Slovenian, Somali, Spanish, Sudanese, Swahili, Swedish, Syrian, Tagalog, Taiwanese, Tajik,
�
Language
Testing
Ini�r�a�ional
Tamil, Tausug, Telugu, Thai, Tibetan, Tigrinya, Tunisian, Turkish, Turkmen, Uighur, Ukrainian,
Urdu, Uzbek, Vietnamese, Wolof, Wu, Yemeni, Yoruba, Zulu
o Test Length: 15-30 minutes
o Structure: The OPI is a live, 15 to 30-minute telephone interview between an ACTFL Certified
OPI Tester and a test taker that adapts question prompts to topics of interest, experience, and
level of the test taker. OPI testers are available 7 am to 11 pm Monday through Friday to support
the City's test schedule requirements. The OPI procedure is standardized to assess global
speaking ability, measuring language production holistically by determining patterns of strengths
and weaknesses. Through a series of personalized questions, a sample of speech is elicited and
rated against the proficiency levels described in ACTFL Proficiency Guidelines 2012
httqs://www.actfl.or�/uploads/files/�eneral/ACTFLProficiencvGuidelines2012.pdf
The primary goal of the OPI is the efficient elicitation of a ratable sample. To be ratable, a speech
sample must clearly demonstrate the highest sustained level of performance of the speaker
(known as the "floor") and the level at which the speaker can no longer sustain the performance
(known as the "ceiling"), over a variety of healthcare-focused topics. The OPI resembles a
conversation, but in fact, the tester follows a strictly controlled structure and protocol. Starting
with warm-up questions, then moving into level check prompts, a role-play, then wind-down
questions. Test takers can ask to have the question repeated once per question prompt. Their
speech samples are recorded, then rated by a separate ACTFL certified OPI Rater.
o Ratings Turn-Around Time: posted to the client site portal within one (1) business day.
o Tools Needed: a landline telephone is preferred. If using a cell phone, enable Wi-Fi calling.
o Test Taker Material Provided by LTI: OPI Test Taker Guide - a pre-test familiarization guide.
• ACTFL Oral Proficiency Interview by Computer (OPIc) - SpeakingTest
o Test Type: An internet-delivered speaking test taken via computer using a URL link, unique test
taker ID and password, and conducted by a video Avatar which provides valid and reliable oral
proficiency testing for individual, small-group, and large-scale testing. The OPIc is an on-demand
test type that does not require advance schedule notification to order and administer the
assessment. The OPIc test is available 24/7/365 and ful ly supports the City's test schedule
requirements.
o Languages: Available in over 10 languages: Arabic, Chinese-Mandarin, English, French, German,
Italian, Japanese, Korean, Persian (Farsi), Portuguese, Russian, Spanish, and Vietnamese
o Test Length: 20-30 minutes
o Structure: The computer-delivered assessment emulates the qualities of the "live" OPI. A virtual
Avatar takes the place of a live Tester and asks questions based on the proficiency level targeted
by the test and the type of test content selected. The selection and delivery of the questions are
conducted through a carefully designed computer algorithm. The goal of the OPIc is the same as
the "live" OPI: to obtain a ratable sample of speech which an ACTFL-certified rater can evaluate
and compare to the descriptors in the ACTFL Proficiency Guidelines 2012 - Speaking to assign a
rating. Speech samples are recorded by the system, and human-rated by an ACTFL-certified OPIc
Rater.
o Test access expiration dates can be set for the OPIc to allow for testing to occur within "x"
number of days from the date the test request is submitted, if needed.
o Ratings Turn-Around Time: posted to the client site portal within one (1) business day.
o Tools Needed: Internet and webcam-enabled desktop computer or laptop, and a headset with
microphone.
o Test Taker Material Provided by LTI: OPIc Test Taker Guide - a pre-test familiarization guide,
and link to a computer-systems check and demo test.
5
Language
Testing
Ini�r�a#Ipnal
_. . _ _ �. , ._ _ . ._ ...._ _ , �i ACTFL
Test Proctoring Options:
To conduct remote (off-site) testing, LTI offers a Remote Proctor Service for organizations interested in test
taker I D authentication and test session monitoring to ensure the integrity of the testing process. LTI's
Remote Proctor Service is available 24 hours per day, 7 days a week, all year long.
Using a webcam-enabled computer, test takers select a date and time convenient to their schedule to take
the assessments. Prior to the scheduled test date, the test taker will complete a security questionnaire and
set up a profile in the remote proctoring system that aids in ID verification. On the scheduled test date and
time, the test taker connects with a remote proctor via webcam. The identity of the test taker is
authenticated, and the full length of the test session is monitored and recorded by the remote proctor,
including the test taker's computer screen and webcam view.
1.3.2 Provide language proficiency testing services in a variety of specialized settings
ACTFL's standard OPI is not a fixed series of questions. Instead, the ACTFL certified OPI Tester is trained to
conduct a warm-up to identify the test-taker's interests and background, which are then pursued with the
test taker during the interview. The prescribed structure, based on the assessment criteria, ensures ratability
and comparability from one OPI to another. The OPI takes the form of a carefully structured 15-30 minutes
conversation between a certified OPI interviewer and the test taker.
The OPI is a test of what a test taker can doin the language as described in the ACTFL proficiency guidelines
httqs://www.actfl.or�/uqloads/files/�eneral/ACTFLProficiencvGuidelines2012.qdf. The Guidelines allowfor
a holistic rating that considers a test-taker's overall proficiency. Different from a test measuring
achievement and knowledge of specific information (what one knows and/or memorizes), a proficiency test
targets what someone can dowith a language in real-world situations in a spontaneous and unrehearsed
context. The Guidelines present the levels of proficiency as ranges and describe what an individual can and
cannot do with language at each level, regardless of where, when, or how the language was acquired.
Together these levels form a hierarchy in which each level subsumes all lower levels. The Guidelines are not
based on any particular theory, pedagogical method, or educational curriculum. They neither describe how
an individual learns a language nor prescribe how an individual should learn a language, and they should not
be used for such purposes. They serve as an instrument for the evaluation of functional language ability. No
other language test meets the standards of an ACTFL assessment. It is a direct assessment of a test taker's
ability, and a test taker leaves the assessment feeling they have been given a good opportunity to show what
they can do with the language. OPI Testers are trained to establish what a test taker can do and then probe
to the next higher level to see if the test taker can communicate at that next level. OPI Testers evaluate the
test taker's responses holistically, and they are trained to get a speech sample that shows the test taker's
speaking ability at its best. This means that even if a score is set as a minimum or maximum, it will not affect
the testing protocol, which is to establish what a test taker can do against the descriptors on the ACTFL scale
from Novice Low to Superior.
ACTFL's language proficiency tests are used to validate language proficiency of bilingual talent for use in
interpretation and translation job roles.
Should the City desire to have job-specific content or specific prompts for the job positions and job family
categories to include in the OPI, LTI has deep experience developing appropriate test bank content,
questions, and role-plays for use in a customized City of Austin OPI Guide. Thejob-specific content will be
determined through the LTI Task Analysis process outlined below in Item 1.3.3.
0
Language
Testing
Ini�rnational
Based on the individual's unique responses to the questions in the City's OPI Guide, the OPI tester would
then ask appropriate follow-up questions which would vary from one unique test taker to the next. In this
manner, content is perpetually refreshed for each test taker's assessment interview. Interviews are recorded
on LTI's proprietary Internet Voice Recording (IVR) system and recorded digitally by the OPI Tester as a
back-up measure. Since the OPI is a semi-structured interview in which the OPI Tester adapts the interview
content to the test taker's language ability, no two OPIs are identical. Concern about test content being
shared between test-takers is never a factor of concern when using the ACTFL OPI.
1.3.3 Validate language proficiency skill level and issue a Pass/Fail report
Establishing a Minimum Level of Language Proficiency (Pass/Fail) for Job Qualifications
LTI wil I work with the City's test implementation team to review the Oral Proficiency Levels in the
Workplace grid and the ACTFL Proficiency Guidelines
• Grid: httas://www.actfl.or�/ualoads/files/�eneral/OralProficiencvWorkalacePoster 2022-10-13-
062609 oc�a.qdf
• Guidelines: https://www.actfl.or�/ualoads/files/�eneral/ACTFLProficiencvGuidelines2012.pdf
Reports will reflect rating results on a Qualified/Not Qualified (Q/NQ) or Pass/Fail basis in lieu of the specific
level of language proficiency achieved to support the City's requirement.
If at any point the City has an interest in confirming a minimum level through a data-driven Task Analysis
procedure, LTI would be happy to partner with the City in support of that effort. The LTI Task Analysis
procedure is outlined below:
Language Testing International (LTI), with a group of Industrial and Organizational psychologists, developed
the LTI Task Analysis process to assist organizations in establishing minimum proficiency levels for bilingual
positions. The process requires the client to carefully select a group of "Subject Matter Experts" or SMEs
who are familiar with communication tasks involved in the positions and represent all stakeholders in the
selection of effective bilinguals for those positions. Through a series of data collection activities, the SME
group identifies the communication tasks and functions; range of content/context areas; level of accuracy;
and degree of elaboration needed to perform the bilingual position in question. The data collection activities
are outlined below:
1. The client provides LTI with a detailed job description of the position(s) that will be tested.
2. The client provides LTI with a list of Subject Matter Experts (SMEs) for the position(s), including the
contact information of each SME, their current title, and whether they are bilingual in the target
language. The number of SMEs needed for a Task Analysis is determined by several factors including
how many incumbents are in the position(s), and the complexity of the Task Analysis.
3. A Project Kick-off Call is scheduled with the LTI Task Analysis team and the person(s) responsible for
managing the Task Analysis for the client (30 minutes).
4. A Task Analysis Kick-off Call is scheduled with the SMEs for the position(s) in question (30 minutes).
5. SMEs work independently, answering an online surveyto provide information and opinions about
theirjob responsibilities (65-80 minutes). The specific activities include:
a. LTI Task Analysis Survey (20 minutes)
i. The survey is used to identify the communication tasks and functions, range and
types of situations, content/context areas, level of accuracy, and degree of
elaboration needed to effectively perform the job functions. The survey questions
7
Language
Testing
Ini�r�a�ional
gather data directly related to language proficiency levels according to the ACTFL
Proficiency Guidel ines-2012.
b. ACTFL Proficiency Descriptions Review (15 minutes)
i. SMEs are asked to read the descriptions of the ten proficiency levels based on the
ACTFL Proficiency Guidelines-2012. The SMEs will be asked to identify whether
each proficiency level described is acceptable (or not) for the position(s).
c. Review of Speech and/or Writing Samples (30-45 minutes)
d. SM Es are to review actual speech and/or writing samples at different levels of proficiency,
and state if the competence exhibited in each sample is acceptable (or not) to perform the
communication tasks required of the position(s).
6. The LTI Task Analysis team compiles data and conducts analysis.
7. LTI delivers final Task Analysis Report, including recommended minimum level(s) of proficiency for
the position(s).
LTI's main point of contact meets with the City to discuss the exam process, scoring matrix, test taker guides
and other exam support resources prior to launching testing to ensure requirements are in place to support
the City's bilingual incentive pay program.
1.3.4Assessment Record Management
Upon contract award, a password-protected LTI client site portal for test administration (i.e., ordering tests,
viewing ratings results, downloading data, etc.), is activated for City-authorized test administrators.
Test taker records are stored in AWS data centers with servers maintained in multiple AWS availability
zones. Through password-protected access by City-authorized test administrators, records include the test
taker's first name, last name, unique ID (i.e., employee or candidate ID), date of test, language of test taken,
rating result, and test takers' level of language proficiency achieved. Records are retained in perpetuity until
the client requests cancellation of the service and destruction of the test record data.
1.3.5 Points of Contact
Primary Point of Contact - Contract and Program Management
Renee Tarrant
Global Accounts and Sales Manager
914-207-2058
rtarrantC�lan�ua�etestin�.com
In a career spanning 30 years as a content and technology solutions provider, trusted consultant, and sales
professional, Renee delivers client-centric solutions. Renee has a degree in German from Duke University
and joined LTI in 2017 as Global Accounts and Sales Manager working with domestic and international
corporations and non-federal government agencies. She also oversees the training of LTI's sales team. Renee
will be responsible for the City's account management, onboard training, contract management and service.
Responses to inquiries are returned within 24 business hours.
Secondary Point of Contact
Daniel Sutton
Customer Success Specialist
914-207-2012
dsuttonC�lan�ua�etestin�.com
:
Language
Testing
Ini�r�a#Ipnal
_. . _ _ �. , ._ _ . ._ ...._ _ , �i ACTFL
As a recent graduate of Italian and Linguistics from Duke University, Daniel is a Fulbright Scholar working on
his master's degree. Daniel handles all customer service support needs and will serve as the City's secondary
point of contact when Renee is out of the office. Daniel reports directly to Renee.
VP of ACTFL Assessment Product Management
Kim Sallee
914-207-2030
ksal IeeC�lan�ua�etestin�.com
Having a master's degree in Spanish from the University of New Mexico, Kim is a former University of
Missouri-St Louis Professor of Spanish, after which time, she worked for 7+ years for a major higher
education publisher managing their World Languages program. Kim joined LTI in 2018 and leads our ACTFL
Assessment Product Management team responsible for rating services, customized test development, new
product development and project management. Kim will be responsible for overseeing the Task Analysis
project.
Task Analysis and Assessment Specialist
Amy Kim,
914-207-2026
akim(a�lanauaaetestina.com
Amy has a Ph.D. in Applied Linguistics from Georgetown University, and is a multilingual speaker of Korean,
Japanese, German, and English. She has significant experience in qualitative and quantitative research, needs
analysis, and conducting focus groups and questionnaires to conduct data collection, review, and reporting.
She will be responsible for the Task Analysis project management and reporting on the City's minimum level
of language proficiency recommendations should a Task Analysis service be utilized.
LTI Billing Contact - Any Billing and Invoice Ir�quiries
Maritza Riveros
1-914-963-7110 Extension 122
billin�C�lan�ua�etestin�.com
1.3.6. Test Administration Process / Order Workflow
Administration of the oral proficiency assessments will be implemented through LTI's secure, password-
protected, online Client Site Portal to enable your organization to efficiently manage your testing program.
To ensure test takers' identity control for each test taker assessed, we can set up the Client Site account such
that only select personnel will have access to pertinent test taker test information. To administer tests
through the online portal, your City's authorized test administrators would be able to:
o Submit test requests,
o View tests to be scheduled,
o Viewscheduledtests,
o View pending ratings and completed ratings results,
o Download reports,
o View invoices,
o Add, delete, or edit users' access to the portal,
o Change Password
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From the Test Requests module, City-assigned test administrators submit orders. The Client Site Portal will
reflect the exact test option(s) the City wi II use.
The Client Site Portal can be customized to capture Department Name, Job Code, Job Title, or other City-
specific information useful for reporting.
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If ordering multiple tests for the same language and test type, a Bulk Test Upload module is available to
facilitate ease of ordering through an Excel file upload process.
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10
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The Oral Proficiency Interview by Computer (OPIc) is an on-demand test order option that does not require
advanced schedule coordination. Once the OPIc is ordered, an email is sent directly to the test taker to book
a date and time on the Remote Proctor calendar for the test appointment.
The Oral Proficiency Interview (OPI) is a scheduled speaking test conducted on a specific date and time
convenient for the test taker, the OPI tester and the Remote Proctor. The City's test administrator secures
two dates and time ranges from the test taker to input the test request. As soon the exact date and time is
confirmed by our test coordinators, an email notification with the details is sent to the test taker for the OPI
appointment.
Once an order is submitted, a confirmation screen is posted and an email of the tests ordered is sent to the
test administrator. Should a scheduled test need to be changed, the self-service Tests Scheduled module
allows the test administrator the option to cancel or extend the expiration date of the test.
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Once tests are completed by the test taker, the recorded speech samples are transferred automatically to
LTI for ACTFL Certified Rater (human) rating evaluation and scoring.
Scores will be posted directly into the password-protected Client Site Portal and the test administrator will
receive an email notification to login to the account to retrieve the result. This ensures the personally
identifiable information (PI I) of the test taker remains secure. Scores include the Test Taker's First Name,
Last Name, Employee or Candidate I D number (a unique identifier), Date of the Test, Test Type, Language of
the Test, and the Rating (Score) Result. LTI does not directly email the rating result to the test taker nor to
the client. The department will communicate directly with the test taker of their qualified/not qualified
status of the rating result.
Through the User Maintenance module, the City has a self-service option to add/edit/delete authorized test
administrators from the account at any time. The entire Client Site Portal is available twenty-four (24) hours
a day, seven (7) a week.
1.3.7 Quality Assurance Plan
To ensure the quality and validity of our tests, only ACTFL trained and certified raters conduct tests and
provide ratings. The required rigorous training and certification of raters is unique to ACTFL. ACTFL's
rigorous rater training, certification, norming, and Quality Assurance Processes
11
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httqs://www.actfl.or�/assessments/aualitv-control-of-actfl-assessments ensure high levels of interrater
reliability and therefore accuracy of test results. The widespread use of ACTFL assessments for screening
purposes across the nation by government, academic, and corporate organizations can serve to assure the
City that the results of ACTFL tests are reliable for test taker recruiting and hiring purposes. Certification is
valid for 4 years.
Qualifications for ACTFL OPIc Rater Certification httqs://www.actfl.or�/assessments/tester-rater-
certifications/opic-rater-certification and OPI Rater Certification
httqs://www.actfl.or�/assessments/tester-rater-certifications/oqi-tester-certification include:
• Superior-level proficiency in the target language
• Master's or Ph.D. in the language evaluated or a related field (Second Language Acquisition or
Linguistics),
• Online Workshop Attendance that follows the 4-day OPI workshop, and
• Mandatory practice rounds, then a certification round for rating benchmark OPIc test samples
LTI notifies Clients via email notification and postings to the Client Site Portal of any scheduled system
updates or maintenance at least two (2) weeks prior to the work. If a service issue is identified, LTI's
Customer Service team sends an email to all active Test Administrators listed in the account notifying them
of the identified issue. Resolution is handled within a couple of hours and at most the maximum response
time is 48 to 72 hours depending on the complexity of the issue.
1.3.8 Customer Service Policies
LTI's customer support for testing services and technical support is available Monday through Friday from 8
am to 7 pm US Eastern (excluding weekends and holidays) via suqqortC�lan�ua�etestin�.com. For immediate
assistance, call 1-800-486-8444 (option 1). The workflow when contacting LTI should include the following
details in the email sent to LTI Support to expedite handling of the support request:
• The name of your organization
• Details of the test in use, language, test taker ID, date of the test
• Detailed explanation of the need for assistance including any error messages and screenshots
whenever possible
An instant automatic response with your unique Case # for the LTI Support ticket will be sent via email. LTI
support responses are returned within 24 to 48 business hours / one (1) to two (2) business days. For remote
testing, support is provided twenty-four (24) hours a day / seven (7) days a week. Responses are issued via
email associated with the case number. Email and phone contact information is included with the
communication. For billing inquiries, LTI's finance team handles responses sent directly to
billin�C�lan�ua�etestin�.com. They respond within 24 to 48 business hours / one (1) to two (2) business days.
To request testing accommodations for test takers needing additional time or support, please visit
httas://www.lan�uaeetestine.com/or�anizations-test-accommodations.
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1.4 Agency Qualifications (Five References)
Reference 1:
City of Fort Worth
Denise Granados
denise.�ranadosC�fortworthtexas.�ov
(817) 392-7754
A client since 2020, the City was seeking a sole-source provider of ACTFL assessments and ratings. They use
speaking and writing tests to support their bilingual incentive pay program and conduct the tests on-site at a
department office location. 140 tests have been taken this year to-date.
Reference 2:
City of Portland
Liam Sar
Iiam.sarC�aortlandoreaon.aov
(503) 823-3516
A client since 2021, Portland tests the speaking skil Is of public works and customer svc roles on-site to
support their bilingual incentive pay program. This year, they have conducted 170 tests to-date
Reference 3:
City & County of Denver
Justin Wolfe
iustin.wolfeC�denveraov.ora
(720) 913-5625
A client since 2016, they use on-site speaking tests for languages ranging from Spanish to Vietnamese. They
recently conducted an LTI Task Analysis to establish the minimum level of proficiency recommendation for a
Social Case Worker role. This year, they have conducted over 280 tests to-date
Reference 4:
Arapahoe County Government
Jennifer Cooley
icoolevC�arapahoe�ov.com
303-633-5180
A recent client since August 2023, the County tests speaking and writing skills for 11 departments county-
wide. They have conducted over 100 tests to-date.
Reference 5:
City of Waco
Anna Hochstatter
annahC�wacotx.�ov
(254) 750-5778
A recent client since May 2023, the City conducts speaking, writing, and reading tests both on-site at a
department office location and remotely for off-site testing with ID verification of the test taker. They have
conducted over 100 tests to-date.
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1.5 Personnel - Qualification and Expertise of Test Raters
1.5.1 Documentation of degrees, certifications, and/or professional trainings
To ensure the quality and validity of our tests, only ACTFL-trained and certified raters conduct tests and
provide ratings. ACTFL, formerly known as the American Council on the Teaching of Foreign Languages, is
the professional organization that is widely recognized as qualified in the industry and that trains and
certifies the Raters for the interpersonal listening and speaking test proposed in LTI's response to this RFP.
ACTFL's Rater training and certification for the speaking tests is rigorous and designed to ensure testing
accuracy, integrity, and the maintenance of our inter-rater reliability levels, which are among the highest in
the industry. Tester/Rater certification is valid for 4 years.
All Testers and Raters must demonstrate an ACTFL proficiency level of Superior in the language(s) in which
they test and rate and are tested to confirm their proficiency level before certification can be obtained. They
are bilingual with one language being English. Each Tester and Rater's testing scores, and history are kept on
record in the form of an ACTFL certificate of proficiency indicating the language tested and Superior
proficiency level achieved. Only Testers and Raters with current valid certification may rate the speaking
tests and all currently certified Raters for the languages to be tested by the City have at least two years of
experience rating tests for state, local, or government organizations as well as commercial and academic
institutions.
ACTFL OPIc Rater Certification httqs://www.actfl.or�/assessments/tester-rater-certifications/opic-rater-
certification and ACTFL OPI Certification httqs://www.actfl.or�/assessments/tester-rater-
certifications/opi-tester-certification includes:
• Superior-level proficiency in the target language,
• Master's or Ph.D. in the language evaluated or a related field (Second Language Acquisition or
Linguistics),
• Online Professional Training Workshop Attendance that follows the 4-day workshop, and
• Mandatory practice rounds, then a certification round for rating benchmark test samples
Post Certification, ACTFL testers and raters participate in benchmark and norming activities to maintain
rating reliability, are monitored through ongoing ACTFL quality control measures, have random quality
assurance reviews of tester and rater work. Certification is valid for 4 years. ACTFL and LTI continually work
together to ensure that the highest standards for inter-rater reliability are met.
1.5.2 Professional Experience and Education
LTI works with over 800 ACTFL certified Testers and Raters across the list of languages for which we are not
able to provide specific resumes due to the process of maintaining an unbiased, blind, and independent rating
procedure to ensure inter-rater reliability scoring. As outlined in our response to item 1.5.1 above, all ACTFL
OPI Tester and Raters and OPIc Raters must have a Superior level of oral proficiency in the target language
of the test, and have a Master's or Ph.D. degree in the language evaluated or a related field such as second
language acquisition or linguistics.
14
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1.6. Portfolio of Work
1.6.1 Provide Exam Validity Documents
AI I ACTFL assessments have been reviewed for validity and reliability. In 2020, ACTFL, for the fourth time
submitted its Commercial Off-The Shelf (COTS) language assessments, the Oral Proficiency Interview (OPI),
Oral Proficiency Interview by Computer (OPIc), and Writing Proficiency Test (WPT), Reading Proficiency
Test (RPT) and Listening Proficiency Test (LPT) technical reports and materials to the American Council on
Education (ACE) Credit by Examination Experts for credit recommendation, which were approved. To review
the full suite of technical reports submitted, please go to www.lan�ua�etestin�.com/research.
Test-specific validity and reliability reports which demonstrate that the speaking assessments offered to
support the City's testing program have proven reliability and validity results across population groups can
be found linked below:
a. O Plc
i. Examination of the ACTFL Oral Proficiencv Interview - Comauter (OPIc) in Arabic. En�lish.
and Saanish for the ACE Review (2020
. •�
i. Examination of the ACTFL Oral Proficiencv Interview (OPI) in Korean. French. and Mandarin
for the ACE Review (20201
1.6.2 Sample of a Language Proficiency Assessment with Written Summary of the Scoring Matrix
The ACTFL Oral Proficiency Interview (OPI) is a live assessment scheduled on a specific date and time
convenient to the OPI Tester and the test taker and conducted by telephone. As such, a sample of the OPI is
not available.
The ACTFL Oral Proficiency Interview by Computer (OPIc) sample test taker experience is available in
English only but follows the same flow in any of the languages available (i.e., Spanish). The OPIc sample starts
with a system check, then proceeds into the sample. NOTE: the exact test experience will differ from the
sample since the City may not want to utilize the two pre-test surveys (Background Survey and Self-
Assessment tabs). The test delivers open-ended question prompts that work to elicit a ratable sample of the
test taker's speech. The test starts with warm-up questions, then moves into level check questions and
moves up the scale of proficiency (example: starts at Intermediate High and moves to Advanced Low, then
Advanced Mid). There is a role-play question, then wind down questions to end the assessment. Test takers
have up to one (1) minute to issue their response. They can repeat the question once per question to allow
them to hear the content and context of the question prompts prior to responding. Regardless of the
language being tested, the format and protocol of the assessment is similar across all languages. Question
prompts come from an extensive question bank and are randomized across test takers. Questions will vary
from one test taker to another and no two tests are alike. Test takers will not be asked to speak to static
images or choose words from a vocabulary list. The tests are designed to emulate a real-world conversation
on real-world topics allowing the test taker to showcase what they can do in the target language from Novice
Low up to Superior.
To gain access to a Spanish OPIc speaking test for which a demo or sample is not available, please provide
LTI's main point of contact for this RFP response with the name and email address of the test taker who will
15
Language
Testing
Ini�rnational
be taking the Spanish speaking assessment for evaluation purposes. The test link with instructions will be
sent directly to the evaluator since we don't offer an open access test for sample.
The scoring matrix is the ACTFL proficiency scale which has five main levels (Novice, Intermediate,
Advanced, Superior, and Distinguished). The first three levels are each subdivided into three sublevels (Low,
Mid, and High). The description of each major level is representative of a specific range of abilities. Together
these levels form a hierarchy in which each level subsumes all lower levels. ACTFL assessments measure
proficiency in the Novice to Superior range, which are shown below.
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The ACTFL Proficiency Scale describes proficiency as a range and measures what a language user can do
regardless of where, when, or how they learned the language, in real-world situations and in spontaneous
and non-rehearsed contexts, according to the ACTFL Proficiency Guidelines
httqs://www.actfl.or�/uqloads/files/�eneral/ACTFLProficiencvGuidelines2012.qdf. By providing objective
criteria against which one can measure language proficiency levels, the scale gives language users and
employers insight into their skills.
For a user's language skills to receive a specific proficiency level rating, they must demonstrate certain
abilities. Language proficiency assessments allow for those skills to be measured and rated based on what a
language user can do at a determined level of proficiency as well as what they cannot do at the next higher
proficiency level.
1.6.3 Sample of auditory or visual recordable media
The sample of the OPIc demo as provided in response to item 1.6.3 gives a sample of the internet speaking
test httas://oaicdemo.actfltestin�.or�/. Actual test samples are not allowed since this would compromise
personally identifiable information (PI I) security of our test takers.
1.6.4 Sample of Testing Standards used for the Exam
The ACTFL Proficiency Guidelines
httas://www.actfl.ore/ualoads/files/�eneral/ACTFLProficiencvGuidelines2012.adf lists the descriptors of
what a test taker can do in the target language when doing real world tasks in a real world setting. Pages four
(4) through nine (9) provide details of the standards at each main level and sub-level of proficiency.
16
Language
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Through LTI's Task Analysis procedure to establish a minimum level of language proficiency for job roles, the
Oral Proficiency Levels in the Workplace infographic
httas://www.actfl.or�/ualoads/files/�eneral/OralProficiencvWorkplacePoster 2022-10-13-
062609 oc�a.pdf represents Task Analysis (language needs assessment) work we have done for other clients
to assist them in the setting of a minimum level of proficiency recommendation for theirjob positions.
1.6.5 Sample Process for Scheduling and Rescheduling Exams
City-authorized test administrators will have access to the LTI Client Site portal to submit test requests or
reschedule tests.
The test administrator selects the test type, the language to be tested, then inputs test taker information in
the required fields. The candidate ID can be an employee number or other unique identifier of the test taker.
For on-site testing the test taker's email address is not needed.
If this is the first time one is taking the test, the Retest question is marked no. The expiration date is
defaulted to two (2) weeks to allow for on-site testing to be conducted whenever convenient for the on-site
proctor and test taker within those 2 weeks. The expiration date can be adjusted universally for the test or
adjusted on a test-by-test basis. If ordering a few tests, simply click "Add another request". Once done, click
Submit Test Request and all tests will be ordered at once.
If ordering a lot of tests at once, a Bulk Test Upload function is available to allow an Excel file of test taker
information to be uploaded for ease of ordering per language and test type.
Once the test request has been submitted a confirmation email is sent to the test administrator and an on-
screen confirmation is shown. A separate email with the test instructions is sent directly to the test taker. At
any time, the test administrator can retrieve test instructions email through the "Tests Scheduled" module.
For languages of lesser diffusion such as Hindi, the live speaking test (OPI) requires the test administrator to
secure two (2) dates with time ranges of three (3) hours on both dates when the test taker is available. Once
submitted, LTI's test schedulers work to match testing availability between the test taker and the OPI
tester's availability. Once matched, within 24-48 business hours, an email notification is sent to the test
administrator and the test taker with the exact date and time of the scheduled OPI test.
17
Language
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Ini�r�ational
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If a test taker does not meet the minimum level forjob qualification, the industry recommends a waiting
period of at least ninety (90) days prior to retesting as language proficiency does not improve with
immediate retests. Ninety (90) days allows the test taker to study, practice, and immerse themselves in the
learning and use of the language.
The same test administration process outlined above is followed for scheduling a retest where "yes" is the
response to the question of whether or not the assessment is a retest.
1.6.6 Sample of Qualified / Not Qualified Notification (Pass/Fail)
Test administrators receive an email notification as soon as a rating result is posted to the password-
protected Client Site portal. Below is a redacted example of data shown in the Test Ratings module.
In the case below, IH (Intermediate High) is below the level required and is marked as NQ for Not Qualified.
Scores of AL (Advanced Low) or higher, a Q for Qualified rating result will post. Rating results are not
communicated to the test taker. Only City-authorized test administrators have access to test records and
results.
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Challenged Ratings: Should a rating result be challenged and an appeal be initiated, the City's Department
Contract Manager emails LTI Support to request a Rating Review. The Rating Review email contains the Test
Taker's candidate/employee ID, date of the assessment, the language, type of test, and rating result. An
ACTFL-certified Rater different from the one who originally scored the assessment will review the recorded
speech samples submitted in the assessment and deliver a summary outlining the findings of the rating result
either confirming the original score or outlining the reason if a score change was made. There is no charge for
the Rating Review process, and the findings are reported directly to the City's Department Contract
Manager. If the appeal is won due to a change in the result moving a Failing score to a Passing score, the fee
for the assessment will be waived. LTI will defend the ACTFL language proficiency assessment's validity and
reliability through expert testimony, if needed.
1.6.7 Sample of Test Taker Guides
Clients are provided with detailed test taker guide specific to the test option in use. They can be customized
to include information specific to an organization's testing program requirements. The guide includes tips for
optimal performance on the test, taker taking tips, and LTI Support contact information. A full guide can be
provided for further review upon request.
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1.6.8 Sample Report
Via the Download Data Module, authorized test administrators can download test results on demand. The
Client Site Portal is accessible 24 hours a day, 7 days a week, and 365 days a year. An Excel spreadsheet is
downloaded to include the test taker name, ID, City name, language tested, test type, test date, rating result,
qualified/not qualified, and department.
Candidata First Nama CandidataLasx Nama Candidate I➢ �omPan�r �a �ua�e Product
�?sr iaker pne �o;�nnm �eRee l7em❑ 5a�nicl� pnlr.
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�ftTaker ihree '12311' ReneeGemc HaitianCreole0�l
1LstTaker Foi�r 'IL51' Renee Deinc Swahili O�I
! siFTpjSfJ F11VY �Mt9.44�' Renez �JPmc Korean O�I�
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TestTaxer Seven ':=A99?' Renee Demo �alish ��I
Tast Uac4 �fEarinR
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All test taker records are retained in perpetuity for the Client's account until such time when the Client opts
to close the account. Upon notification of account deactivation, LTI works to ensure all test record data (as
shown in the report above) has been downloaded by the client prior to destruction of the records from LTI's
system. Should the City require the destruction of the records after a certain period of time, LTI will comply
with the required timeline communicated.
19
Language
Testing
Ini�r�a�ional
1.6.9 Sample Invoice
LTI's Finance Department will submit an invoice once monthly, on the 10t" day of each month, via email to
Bilin�ualReauestC�austintexas.�ov for completed test activity where the City has received rating results.
Test requests submitted in the system, but not yet taken, are not charged to an invoice.
LTI's invoice sample as outlined below includes a unique invoice number, test taker name, test type,
language, test date, department name (test ordered by), per test price and sum total.
3.a»gurtqe iPsun9 sme�nnpnnm. inc
1 he ACiFL La�igi,aye TeSYsg C1%�ce
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. Pay 7y Crad�' �s C• ����:�1»1 ra-.'3 711 C�+ f?�
• PT�'�ry.4!:4�:iiF ..`P Mn�g:ai �: rrs.-E�u•N ..� P.[.r.l P -.: -•:777: � 4::iix�ry'�l?Y. {.-:. I ..idl? :.a1� :'-ld.'I.S�:
<<�� a11lii linp iiir�i�i�ips�il��.v5�• i`.:��•.��' hiElin�� . .
Signed By
Title
Date
• \� �'��
Renee Tarrant
Global Accounts and Sales Manager
December 11, 2023
20
ATTACHMENT A: Compliance Checklist
PROPOSERS ARE REQUESTED TO CONFIRM BELOW THAT PROPOSALS OFFERED THE
SERVICES AT A MINIMUM TO THE SCOPE OF WORK REQUIREMENTS IN THE RFP AND THAT
PROPOSAL PROVIDES DETAILS OF PROGRAM IN ACCORDANCE TO ALL REQUIREMENTS FOR
THIS RFP PROJECT.
ITEM # REQUIREMENT YES NO
1 Ability to expand services with pricing to provide additional
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
options
Provide services for 24-month contract term, and with three
(3) 12-month extension options
Re-examinations
Fixed price per assessment
Additional language requirements
Revision of assessment to address specialized skill sets used
in the work environment
Provide assessment to an estimated 150 City employees
annually
Sample of auditory or visual recordable media
Sample of testing standards used for exam
Sample process for scheduling exam
Sample notification (pass/fail)
Sample notification for rescheduling exam
Sample of guides for test takers
Sample reporting format
Confirmation of requirements for online or telephone access or
test location
Sample invoice for services rendered
Sample of Language Proficiency Assessment exam, preferably for
Spanish
Documents validating the degrees or certificates of the exam
administrators
Documents used to show the validity of the exam
Work hours of the exam administrators
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
I hereby attest that all of the information contained herein is accurate.
�-- �� ' �_� a-t-�-� L--� 11 /20/2023
Signature Date
„,-�,. Solicitation
; .�. -:
'; F'I `' PRICE SHEET
LANGUAGE PROFICIENCY ASSESSMENT SERVICES
SOLICITATION RFP 5800 BJT3013
PROCUREMENTSPECIALIST BartleyTyler
SpeCl81 IIIStYUCt10115: Offerors must use this Pricing Submittal Sheet to submit pricing.
Be advised that altering the pricing submittal sheet or taking exceptions to any portion of the solicitation may jeopardize acceptance of your Offer.
The quantities noted below are estimates and not a guarantee of actual volume. The City does not guarantee the purchase of the quantities listed, actual purchases may be more or less. Quantities are provided as
a guide based on historical or anticipated usage. Order quantities will be as-needed and specified by the City for each order.
A bid of "0” (zero) will be interpreted by the City as a no-charge (free) item and the City will not expect to pay for that item. A bid of "no bid" or no response (space left blank) will be interpreted by the City that the
Offeror does not wish to bid on that item. Be advised, a"no bid" or no response may be considered as non-responsive and may result in disqualification of the bid.
Prices offered on the Pricing Submittal Sheet shall be all inclusive of fees not expressly allowed in the scope of work. The Offeror shall not charge separately for administrative, overhead, per diem, and shipping or
transportation costs (travel time, fuel surcharges, mileage, stop-fee, etc.) to deliver services or items to the Austin, Texas area. The Offeror shall provide all tools, labor, travel, and equipment necessary to perform
the services required under this contract.
The City reserves the right to award a single contract based on overall low cost or multiple awards based on individual or categories/groups of specific line items, cost, or any criteria or combination deemed most
advantageous to the City.
CATEGORY 1- LANGUAGE PROFICIENCY ASSESSMENT SERVICES
ITEM NO. DESCRIPTION
ACTFL Oral Proficiency Interview by Computer (OPIc)-
1.1
available for commonly tested languages i.e., Spanish
ACTFL Oral Proficiency Interview (OPI) - available for
1.2
languages of lesser diffusion ie., Hindi, Swahili, etc.
1.3 Task Analysis (OPTIONAL SERVICE)
1.4 System maintenance and security
Virtual Onboard Training, Test Taker and Test Administrator
1.5
Resources
UNIT OF MEASURE
each
each
perjob family
one-time fee
on-going
each
ESTIMATED ANNUAL
QUANTITY
140
10
1
on-going
as-needed
UNIT PRICE
$60.00
$124.00
$1,850.00
$0.00
$0.00
EXTENDED PRICE
$8,400.00
$1, 240.00
$1,850.00
$0.00
$0.00
TOTAL = $11,490.00
COMPANY NAME:
EMAIL ADDRESS:
Language Testing International, Inc.
rtarra nt@ la nguagetesti ng.com
Section 0600 - Bid Sheet Page 1 of 1
EMPLOYER CERTIFICATION
WAGE THEFT ORDINANCE — RESPONSIBILITY CRITERIA
CITY OF AUSTIN
Any Employer that submits an offer to the City seeking award of a city contract prior to awarding
a contract are required to certify that they have not been adjudicated for certain offenses
related to wage theft. See City of Austin Ordinance No. 20221201-031. "Wage theft" and
"adjudicated" are to be understood per the definitions set forth in Austin City Code
Chapter 4, § 4-22-1 (GJ and (HJ.
Solicitation or Agreement Title:
Solicitation Posting Date or Agreement Start Date
Language Proficiency Assessment Services_
02/13/2024
All Employers are required to complete the City of Austin Wage Theft Training
within 30 days of being awarded a contract with the City.
Contact the Wage Compliance Team to register for a class.
I hereby certify, under penalty of perjury under the laws of the State of Texas, that the below
certification is true and correct and that I am authorized to make the following certification on behalf
of the firm listed herein.
CERTIFICATION:
This firm has NOT been adjudicated for wage theft related incidents as defined in Austin
City Code Chapter 4, § 4-22-1 (G) &(H) within five (5) years prior to the above-stated
date. Furthermore, this firm agrees to abide by the items outlined in Section 4-22-5 (B)
and Section 4-22-6 (A) of the Austin City Code.
Firm
Name:
Signed:
Title:
Date:
Language Testing International, Inc.
Name of Employer - Print Full Legal Entity Name of Firm
Jay Rhyu
U Signature of Authorized Person Print Name of Person Making Certification for Firm
Chief Financial Officer
Title of Person Making Certificate
February, 7, 2024
Place: Tarrytown, New York
Print City and State Where Signed
EMPLOYER CERTIFICATION — WAGE THEFT PROGRAM
If you have questions or need more information, contact us at wagetheft@austintexas.gov. Revised o9.i4.23
EXHIBIT C
,,,-�,. Solicitation
; .�. -:
'; F'I `' PRICE SHEET
LANGUAGE PROFICIENCY ASSESSMENT SERVICES
SOLICITATION RFP 5800 BJT3013
PROCUREMENTSPECIALIST BartleyTyler
SpeCl81 IIIStYUCt10115: Offerors must use this Pricing Submittal Sheet to submit pricing.
Be advised that altering the pricing submittal sheet or taking exceptions to any portion of the solicitation may jeopardize acceptance of your Offer.
The quantities noted below are estimates and not a guarantee of actual volume. The City does not guarantee the purchase of the quantities listed, actual purchases may be more or less. Quantities are provided as
a guide based on historical or anticipated usage. Order quantities will be as-needed and specified by the City for each order.
A bid of "0" (zero) will be interpreted by the City as a no-charge (free) item and the City will not expect to pay for that item. A bid of "no bid" or no response (space left blank) will be interpreted by the City that the
Offeror does not wish to bid on that item. Be advised, a"no bid" or no response may be considered as non-responsive and may result in disqualification of the bid.
Prices offered on the Pricing Submittal Sheet shall be all inclusive of fees not expressly allowed in the scope of work. The Offeror shall not charge separately for administrative, overhead, per diem, and shipping or
transportation costs (travel time, fuel surcharges, mileage, stop-fee, etc.) to deliver services or items to the Austin, Texas area. The Offeror shall provide all tools, labor, travel, and equipment necessary to perform
the services required under this contract.
The City reserves the right to award a single contract based on overall low cost or multiple awards based on individual or categories/groups of specific line items, cost, or any criteria or combination deemed most
advantageous to the City.
CATEGORY 1- LANGUAGE PROFICIENCY ASSESSMENT SERVICES
ITEM NO. DESCRIPTION
ACTFL Oral Proficiency Interview by Computer (OPIc)-
1.1
available for commonly tested languages i.e., Spanish
ACTFL Oral Proficiency Interview (OPI) - available for
1.2
languages of lesser diffusion ie., Hindi, Swahili, etc.
1.3 Task Analysis (OPTIONAL SERVICE)
1.4 System maintenance and security
Virtual Onboard Training, Test Taker and Test Administrator
1.5
Resources
UNIT OF MEASURE
each
each
perjob family
one-time fee
on-going
each
ESTIMATED ANNUAL
QUANTITY
140
10
1
on-going
as-needed
UNIT PRICE
$60.00
$124.00
$1,850.00
$0.00
$0.00
EXTENDED PRICE
$8,400.00
$1, 240.00
$1,850.00
$0.00
$0.00
TOTAL = $11,490.00
COMPANY NAME:
EMAIL ADDRESS:
Language Testing International, Inc.
rtarra nt@ la nguagetesti ng.com
Section 0600 - Bid Sheet Page 1 of 1
Exhibit D— Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
FORM CIQ
OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who oate 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.
J Name of vendor who has a business relationship with local governmental entity.
J
❑ 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.)
J Name of local government officer about whom the information is being disclosed.
Name of Officer
� 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 A and 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 � 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 � No
� 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.
�
❑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).
J
,�.� .—�-
Aug 27, 2025
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
Exhibit D— Conflict of Interest Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be 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:
(A) 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, that agency.
Local Government Code � 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
***
(2) the vendor:
(A) 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 � 176.006(a) and (a-1)
(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
governmental entity; 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.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021