RFP_7200_HAW3000_PAC1_v1.pdf

Solicitation

COVER SHEET

RFP

(061720)

Revised 10/26/2023

IDENTIFICATION

Number RFP 7200 HAW3000 Title Lease Addendum Secret Shopper Program

Summary

The City of Austin is seeking a qualified Contractor to provide a Lease Addendum Secret Shopper Program to test compliance with Rental Housing Development Assistance (RHDA) program requirements.

Services shall include testing related to applicant screening criteria, voucher holder applicants, and application denial and appeals processes.

Type Request for Proposals (RFP) Version (Addenda) 1

AUTHORIZED CONTRACT PERSONS

Primary Harley Wilson, Procurement Specialist III; (512) 974-2922;

harley.wilson@austintexas.gov

Secondary Eric Banda, Procurement Specialist III; (512) 974-2057;

eric.banda@austintexas.gov

Subcontractor Questions Austin Small Minority Business Resources; (512) 974-7600;

SMBRComplianceDocuments@austintexas.gov

Notes See Solicitation Instructions, 3.1 Authorized Contact Persons.

IMPORTANT DATES

OFFERS DUE:

Date and Time August 28, 2026, at 2:00 PM CT

Notes See Solicitation Instructions, 5 Offer Submission.

OFFER OPENING:

Date and Time August 28, 2026, at 3:00PM CT

Notes See Solicitation Instructions, 5 Offer Submission.

QUESTIONS DUE:

Date and Time August 24, 2026, at 2:00 PM CT

Submission Method Email Only

Notes See Solicitation Instructions, 3.2 Questions.

CITY OF AUSTIN Solicitation Cover Sheet

(061720)

Revised 10/26/2023

PRE-OFFER

CONFERENCE:

Conference (Yes/No) No

PUBLISHED:

Date August 17, 2026

Available Online https://www.austintexas.gov/page/solicitations

Available Hardcopy Austin Financial Services-Central Procurement, 721 Barton Springs Road, Austin, TX 78704

SOLICITATION DOCUMENTS

Document name Pages Date Solicitation Packet – RFP #### XXX#### Includes the following:

Solicitation Cover Sheet 1 08/17/2026

Solicitation Instructions 10 08/17/2026

Terms and Conditions 22 08/17/2026

Scope of Work 6 08/17/2026

Pricing Submittal – RFP #### XXX#### – Complete and return 1 08/17/2026

Offer and Certifications – RFP #### XXX#### – Complete and return 13 08/17/2026

NIGP CODES

COMMODITY CODES:

Code Description

9186325 Housing Consulting

92416 Course Development Services, Instructional/Training

95255 Homelessness Prevention Services https://www.austintexas.gov/page/solicitations

INSTRUCTIONS

RFP

Solicitation Instructions Page 1

Revised 06/15/2026

1 REQUEST FOR PROPOSALS

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 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.

1.5 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.

1.6 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

CITY OF

AUSTIN

INSTRUCTIONS RFP

Solicitation Instructions Page 2

Authorized Contact Person regarding this Solicitation may also contact Austin Financial Services - Central Procurement’s main line at (512) 974-2500 and request assistance from any member of Austin Financial Services - 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 ASMBR contact, also listed on the Solicitation Cover Sheet.

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. In accordance with Austin City Code, sec. 2-7-101, et. seq., Austin City Ordinance no.

20180614-056, and applicable Administrative Rules, this Solicitation is subject to certain limits on communication by Offerors and their agents. The No-Lobbying period for this Solicitation starts on the Published Date displayed on the Solicitation Cover Page and 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.

Solicitation Instructions Page 3

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.

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.

4.7 Wage Theft. This Solicitation is subject to City Code, Chapter 4-22 Wage Theft (Ordinance No. 20221201- 031 | Code of Ordinances | Austin, TX | Municode Library). In accordance with City Code, Ch. 4-22, any Employer that submits an Offer to the City is required to provide certification (see the Employer Certification Wage Theft Ordinance – Responsibility Criteria included in this the Solicitation) that they have not been adjudicated for Wage Theft related incidents within five (5) years prior to the date set forth within the Employer Certification Wage Theft Ordinance – Responsibility Criteria. Additionally, City Code, Ch. 4- 22 Wage Theft, requires all Employers to complete a training program designed by the Wage Theft Coordinator on federal and state wage laws and the provisions of City Code, Ch. 4-22 Wage Theft. All Employers must complete the City of Austin Wage Theft Training within 30 days of being awarded a contract with the City. Contact the Wage Compliance Training to register for training or additional information at wagetheft@austintexas.gov.

5 OFFER SUBMISSION

5.1 Electronic Offers. All Offers in response to this solicitation shall be submitted electronically (electronic documents) 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, Submitting Offers in Austin Finance Online. For any questions or problems concerning eResponse, please contact vendor@austintexas.gov and copy the Procurement Specialist listed on the Cover Sheet. For immediate attention, call 512-974-2467.

https://library.municode.com/tx/austin/ordinances/code_of_ordinances?nodeId=1201313 https://library.municode.com/tx/austin/ordinances/code_of_ordinances?nodeId=1201313 mailto:wagetheft@austintexas.gov https://assets.austintexas.gov/purchase/downloads/Submitting-Offers-in-AFO.pdf mailto:vendor@austintexas.gov

Solicitation Instructions Page 4

5.2 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.

5.3 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.

5.4 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.

5.5 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 Bases of Competition. The City may compare Offers based on groups or categories and will choose the basis or bases of competition that best meets the City’s needs for the resulting contracts. The basis or bases 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.

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

Solicitation Instructions Page 5 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 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.

8.4 Protests. Austin Financial Services - 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

Solicitation Instructions Page 6 or filing a protest are listed below. If you fail to comply with any of these requirements, Austin Financial Services - 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 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.

8.4.3 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.

8.4.4 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, Austin Financial Services - Central Procurement will determine whether the grounds for your protest are sufficient. If Austin Financial Services - Central Procurement decides that the grounds are sufficient, Austin Financial Services - Central Procurement will schedule a protest hearing, usually within five (5) business days. If Austin Financial Services - Central Procurement determines that your grounds are insufficient, the City will notify you of that decision in writing.

8.4.7 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, Austin Financial Services - 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.

8.4.8 A decision will usually be made within fifteen (15) calendar days after the hearing.

8.4.9 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 Austin Financial Services - 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 Page 7

9 DEFINITIONS. 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.

“Austin Financial Services – Central Procurement” refers to the line of business within the City of Austin’s, Austin Financial Services, responsible for the City’s procurement business function.

“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.

“Chief Procurement Officer” means the officer of Austin Financial Services – 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 you 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 Offeror. 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.

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 Independence and Relevant Experience. Offerors shall provide a description of the Offeror’s and, if applicable, Subcontractor’s relevant experience accomplishing the services described in the Scope of Work. Offeror’s response must include the following:

Solicitation Instructions Page 8

a. Provide a brief history of the Offeror’s and, if applicable, Subcontractor’s experience delivering programs to individuals.

b. Identify the number of years of experience delivering programs to individuals.

c. Describe the Offeror’s and, if applicable, Subcontractor’s experience providing policy recommendations to elected officials.

d. Identify the number of years of experience providing policy recommendations to elected officials.

e. Describe how the Offeror will ensure Secret Shopper applicants do not have a current relationship with

Rental Housing Development Assistance (RHDA) or Affordability Unlocked properties that could create bias.

10.4 Recruitment and Resident Engagement. Offerors shall provide a proposed approach to recruiting and engaging residents to participate in the Secret Shopper Program as described in the Scope of Work.

Offeror’s response must include the following:

a. Describe the Offeror’s proven method of recruiting residents in Austin, specifically the resident groups identified in the Scope of Work.

b. Identify the number of years of experience recruiting some or all of the identified resident groups.

c. Describe the Offeror’s proven method of engaging residents in Austin, specifically the resident groups identified in the Scope of Work.

d. Identify the number of years of experience working with some or all of the identified resident groups.

e. State the planned number of Secret Shoppers to be recruited and trained.

10.5 Program Approach, Training, and Shopper Support. Offerors shall provide a proposed approach to accomplishing the Secret Shopper Program services described in the Scope of Work. Offeror’s response must include the following:

a. Provide an expected project timeline for accomplishing the services described in the Scope of Work.

b. Describe how the Offeror and, if applicable, Subcontractors will engage with Secret Shoppers through training, coaching, and reporting, including how often engagement will occur.

c. Describe how the Secret Shopper training curriculum will be created and delivered and identify the Contractor or Subcontractor personnel responsible for these activities.

d. Provide examples of past training curricula developed by the Offeror or Subcontractor.

e. Describe the Offeror’s Shopper onboarding and coaching procedures, including who will perform the onboarding and coaching, how it will occur, and when it will occur.

f. Describe how Secret Shoppers will learn their civilian rights and their roles in the Secret Shopper Program.

10.6 Reporting and Administrative Capacity. Offerors shall provide a description of the Offeror’s reporting and administrative capacity to accomplish the services described in the Scope of Work. Offeror’s response must include the following:

a. Describe the Offeror’s experience providing reports to contractors or grantors.

b. Describe the Offeror’s experience delivering presentations to elected officials, including the number of years of experience.

Solicitation Instructions Page 9

c. Describe the Offeror’s capacity to report on Secret Shopper outcomes.

d. Describe how the Offeror will meet the monthly and semi-annual reporting requirements described in the Scope of Work.

e. Describe how payments to Secret Shoppers will be handled.

f. Describe the Offeror’s experience and procedures for making payments directly to individuals.

10.7 Price Proposal. 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 Preference – Optional. The City of Austin seeks to promote additional opportunities for Local Businesses to participate under City contracts. Local Businesses responding to this Solicitation may be eligible to receive preference as described in the Local Business Preference Form, included with this Solicitation (see Offer and Certification Form). To receive this preference, Offerors must complete the form and include the completed form with their Offer.

Note: Local Business Preference may not be allowable, and will not be provided, in solicitations subject to federal funding.

10.9 Small Business Preference – Optional. The City of Austin seeks to promote additional opportunities for Small Businesses to participate under City contracts. Small Businesses responding to this Solicitation, and their subcontractors, may be eligible to receive preference as described in the Small Business Preference Form, included with this Solicitation. To receive this preference, Offerors must complete the form and include the completed form with their Offer. If the Solicitation includes an MBE/WBE Program Compliance Plan, only the Offeror/Prime is eligible for Small Business preference.

10.10 Local and Small Businesses Points. Proposals from Local Business and Small Businesses will be assigned points based on the following.

Total Proposal Value (Aggregate) Local Points

Small Points (highest of either Prime or Sub)

Prime Sub

$78,000 to $499,999 10 10 4

$500,000 to $50 million 6 6 2

Above $50 million 0 0

11 EVALUATION OF OFFERS

11.1 Evaluation Criteria

RFP Evaluation Factors Maximum Points

Independence and Relevant Experience 10 Recruitment and Resident Engagement 21 Program Approach, Training, and Shopper Support 32 Reporting and Administrative Capacity 12 Price 5 Local Business Preference Up to 10 Small Business Preference Up to 10 Total Up to 100

Solicitation Instructions Page 10

11.2 Interviews and/or presentations, Optional. The City will score proposals on the basis or bases of the criteria listed above. The City may select a “short list” of Offerors based on those scores. “Short-listed” Offerors 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 or bases.

CITY OF AUSTIN

STANDARD TERMS AND CONDITIONS

Standard Terms & Conditions 1 Rev. 03-06-2026

The Contractor agrees that the Contract shall be governed by the following terms and conditions.

1 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, and unless specified otherwise in the Scope of Work, the Contract may be extended beyond the initial term at the City’s sole option. If the City does not provide this notice, the Contract will expire at the end of its current term. 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 or Delivery Order in the section entitled, “BILL TO”. 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.

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B. 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.

C. 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.

D. 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 factor the 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

Standard Terms & Conditions 3 Rev. 03-06-2026 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:

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 552, 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:

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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.

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:

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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 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…