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CM-2025-144 - 5/30/2025 1 Language Services Agreement CONVEY911, LLC & City of Round Rock LANGUAGE SERVICES AGREEMENT 2 This LANGUAGE SERVICES AGREEMENT (“Agreement”) is made and entered by and between CONVEY911, LLC ("Convey911"), a Maryland LLC , and City of Round Rock ("Client"). The parties agree that the terms and conditions below (collectively, the “Agreement”) shall apply to the telephone, mobile app and video language services ("Interpreter Services") provided by Convey911 to Client. This Agreement shall be effective as of April 5, 2025 (the "Effective Date”). RECITALS WHEREAS, Convey911 offers Language Interpretation and Translation Services to individuals and entities; WHEREAS, Client requires such Language Services when providing Services to community members, citizens, patients or customers; WHEREAS, Convey911desires to provide Client with Interpreter Services, and Client desires to purchase from Convey911 these Interpreter Services, upon the terms and conditions herein. NOW, THEREFORE, in consideration of the foregoing, and the mutual covenants and agreements set forth herein, the parties hereto agree as follows: 1. Interpreter Services. Upon request, Convey911 shall provide to Client qualified interpreters for Interpreter Services (“Interpreter Services”). Client shall be responsible for ensuring that ONLY authorized qualified employees and/or contractors have access to Convey911’s systems. Client shall be solely and fully responsible for charges resulting from use of its Client access codes, whether or not such use is authorized, and shall indemnify and hold harmless Convey 911 from any and all claims, costs, fees, expenses, and monetary damage awards or settlements arising from any unauthorized use of the Client access codes to Convey911’s systems. Client represents that (i) Interpreter Services shall be used for its own internal purposes and not for resale and (ii) Client shall not use the Interpreter Services in any manner that may violate this Agreement or any applicable statute or government regulation. Convey911 Services shall have the right to terminate this Agreement for any violation of this Section. Client shall indemnify, defend and hold Convey911 and its affiliates, and their respective successors harmless from any government or other third-party claim or action whatsoever arising from the use of Interpreter Services in any manner prohibited by this Section. 1.1 Over the phone interpretation (OPI): Convey911 shall issue to client as many access codes as required by Client to track usage by division, facility or department. To access OPI services, Client shall call Convey911’s contact center and enter the access code when prompted to do so. If Client elects to remove the requirement for access codes, a dedicated toll-free number will be issued to client. Client shall be CM-2025-144 3 solely responsible for the use or abuse of Interpreter Services provided to unauthorized users that access the given toll-free number. Customized prompts shall only be available on dedicated toll-free numbers. Billing for this service has no minimum time requirements. 1.2 Video remote interpretation (VRI): To access VRI services, client shall log into the VRI platform and select the desired language. The platform is available on any internet-powered device with a camera and microphone. Access codes may be necessary based on account set up. Billing for this service has no minimum time requirements. 2. Interpreter Qualifications and Standards. Convey911 and its interpreters providing Interpreter Services under this Agreement shall comply with all federal, state, and local policies regarding licensing requirements for language interpreters, as applicable. Convey911also warrants and represents that all interpreters who provide Interpreter Services under this Agreement shall satisfy the following requirements: 2.1 At all times, interpreters shall be impartial and unbiased and shall refrain from conduct that may give an appearance of bias. Interpreters shall not allow personal opinions to interfere with assigned duties, add unsolicited comments, and/or make recommendations except to assist communication. 2.2 Interpreters shall be able to accurately and idiomatically turn the message from the source language into the target language without any additions, omissions or other factors that alter the intended meaning of the message from the speaker. 2.3 Interpreters shall be able to communicate effectively, including appropriate delivery and poise. 2.4 Interpreters shall demonstrate high professional standards and demeanor. 2.5 Each interpreter shall immediately convey any reservations about his/her ability to successfully complete the assignment for Client, and the interpreter shall decline any assignment he/she deems to be beyond his/her technical knowledge or linguistic ability. 2.6 Each interpreter shall disclose any real or perceived conflict of interest. He/she shall not take personal advantage, financial or otherwise, of information obtained in the course of providing Interpreter Services under this Agreement. 2.7 Each interpreter shall complete any and all orientation or training reasonably required by Client. 2.8 Upon request from Client, each interpreter shall sign a confidentiality agreement. 3. Interpreter Replacement. If Client, in its sole and exclusive discretion, determines that the assigned interpreter is not able to carry out the duties described in this Agreement, poses any threat or danger to Client patients or employees, and/or is otherwise unacceptable, Convey911 shall promptly provide a qualified replacement interpreter, if a replacement interpreter is available within the required timeframe. 4 4. Availability. Interpreter Services may not be available at all times due to interruptions, technical problems, system upgrades, or whenever the work order involves a language of lesser diffusion. Convey911 shall in its sole discretion assign and manage interpreter availability to meet Client’s expressed needs for each work order. The following conditions shall apply: 4.1 On Demand Access. Client shall be given access to interpreters on demand 24/7/365 in all popular languages spoken in Client’s market or service area. 4.2 Scheduled appointment(s). Client shall submit a work order for appointments where the interpreter is needed at a specific time in the future, or whenever the language needed is of lesser diffusion. 4.3 Work Order Fulfillment Notifications. Convey911shall notify Client via the service requester’s email once an interpreter has been assigned to a work order. If an interpreter is not available, Convey911 shall notify client as soon as possible. Client shall inform Convey911 when creating the work order if Client prefers an availability notification that is greater or less than the time noted in the cancellation period. 5. Translation. For the purpose of this agreement, translation refers to the transfer of information from one language to another in written form. All translation requests must be sent to Convey911’s Translation Division for an estimate. All estimates shall be provided to the client at no cost. Client shall approve each estimate in writing prior to the start of the translation project. Standard rates for translation shall be provided, in an addendum, if the client presents an ongoing need. 6. Translation Standards. Convey911 and its translators providing translation and localization of written content under this Agreement shall comply with all federal, state, and local policies regarding licensing requirements for language translation and localization, as applicable. Convey911 also warrants and represents that all translators who provide translation and localization services under this Agreement shall satisfy the following requirements: 6.1 All documents shall be translated at the lowest comprehension level consistent with the original (English) document. 6.2 Unless a specific dialect is selected, all documents shall be translated so that the material is understandable to the broadest groups and greatest numbers of individuals speaking different dialects or variants of the target languages as is reasonably possible. 6.3 Convey911 shall ensure that its translators provide culturally sensitive translations that will not offend the target populations. 6.4 Convey911 shall ensure that a second translator shall manually proof-read all translated documents to assure correct spelling, accuracy, and continuity. 6.5 All translations shall be regarded as confidential and maintained in a HIPAA compliant environment. 5 7. Term. This Agreement shall commence on the Effective Date and shall remain in effect on a monthly basis. This agreement shall be automatically renewed for one-year periods unless either party provides written cancellation notice to the other at least sixty (60) days notice. Upon receipt of a timely cancellation notice by either party, this Agreement shall terminate. 8. Primary Vendor Status. During the term of this Agreement, Client agrees to use Convey911 as its primary vendor for all services described herein. Client may use any other vendor for these services if Convey911 is unable to provide. 9. Termination With Cause. In the event either party defaults in the performance of any of its covenants or undertakings contained in this Agreement, and the default continues and is not corrected within sixty (60) days after the receipt of written notice thereof from the non-defaulting party, specifying the default and requesting correction of the default, the non-defaulting party may thereafter immediately terminate this Agreement by delivering written notice to such effect to the defaulting party. 10. Termination Without Cause. Either party may terminate this Agreement upon sixty (60) days prior written notice to the other party. If the Client initiates the termination process, Client shall pay in full any remaining balance of the contracted amount as indicated in Exhibit A of this Agreement. Should Convey911 terminate this Agreement under this Paragraph 7, it shall honor and complete any and all assignments scheduled prior to issuance of the notice of termination, unless Client requests otherwise. 11. Payments. Client shall pay Convey911 monthly on Net 30 terms unless otherwise stated in the signed proposal or master services agreement. 12. Intellectual Property. Neither the Agreement, nor Client’s use of Convey911’s Services provides Client with any right, title, or interest in or to the Software, or any of the other technology, systems, processes or other aspect of the Services, including but not limited to any intellectual property rights of Convey911. Client expressly agrees that it shall not seek, and is expressly prohibited from asserting or filing, registrations and/or applications for ownership or intellectual property rights in the Software or the Services in any country, nation, or jurisdiction throughout the world, and is prohibited from copying, decompiling, reverse engineering, disassembling, modifying, or creating derivative works of the Software, the Interpreter Services, or any aspect thereof, and Client agrees that it shall not do so. This provision shall continue to apply after the Agreement ends. 13. Relationship of Parties. The relationship between Convey911 and the Client is an independent relationship, and nothing in this Agreement shall be deemed to place the parties in the relationship of employer-employee, principal-agent, partners or joint ventures. Convey911shall, at all times, maintain its status as an independent contractor and both parties acknowledge that neither is an agent, partner or employee of the other 6 for any purpose. Each party shall be responsible for paying its own payroll taxes, disability insurance payments, unemployment taxes, any employee benefits (if applicable) and other similar taxes, benefits or charges. Neither party is authorized to act as the agent of the other, nor shall either party be bound by the acts of the other. 14. Publicity. Upon Convey911’s reasonable request, Client shall provide a written or recorded testimonial regarding Convey911’s Services. Any feedback given may be used in Convey911’s marketing efforts. Client shall have final approval of all written or recorded testimonials prior to use by Convey911. Convey911may use Client as a contact reference in procurement opportunities to render testimony to its customer service quality and character. 15. Confidentiality. Convey911shall not disclose any information from Client's communications that expressly is identified by Client as being confidential. Convey911also agrees that it may use such confidential information only for purposes specifically contemplated in this Agreement, and shall treat it with the same degree of care as it does its own confidential information, but with no less than reasonable care. These obligations do not apply to information which is not expressly identified as being confidential or that was public at the time of such disclosure, or becomes generally known to the public through no act or omission of Convey911. If Convey911, its agents or employees have been requested or are required (by discovery request in a litigation, subpoena, civil investigative demand or similar process) to disclose any such communications or else stand liable for contempt or suffer other legal censure or penalty, then Convey911, its agents or employees so compelled may disclose such information pursuant to that request or requirement without liability hereunder. 16. Assignment. Either party may assign this Agreement to a successor company without consent, provided that the successor company ratifies and assumes this Agreement in its entirety and prompt notice of the assignment is provided to the non-assigning party. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. 17. Force Majeure. A party is not liable under this Agreement for non-performance or delayed or interrupted performance caused by events or conditions beyond that party’s control if the party makes reasonable efforts to perform. This provision does not relieve the Client of its obligation to make all payments then owing when due. 18. Limited Warranties. Convey911shall perform the Services covered by this agreement to Client in a professional manner consistent with industry standards. Convey911makes no other representation, warranty or guarantee, express or implied, of any kind, and Convey911specifically disclaims any warranty or condition of merchantability or fitness for a particular purpose. Client acknowledges that interpretations, translations, and localizations may not be entirely accurate in all cases and that events outside of the control of Convey911may result in incomplete or interrupted service. 7 19. Entire Agreement. This Agreement and any exhibits referenced herein constitute the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements between the parties, whether written or oral. 20. Notices. Any notices permitted or required by this Agreement shall be deemed made on the day personally delivered in writing or mailed by certified mail, postage prepaid, to the other party at the address set forth below or to such other persons and address as either party may designate in writing. If using e-mail notification, any notices permitted or required by this Agreement shall be deemed made on the day that a read confirmation is received by the sending party from the responding party. If to Convey911: Convey911, LLC 702A Frederick Rd, Baltimore, MD 21228 If to Client: City of Round Rock 203 Commerce BLV., Round Rock, Texas 78664 21. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of Maryland and the venue for any dispute arising out of this Agreement shall be the courts serving the City of Baltimore, MD. 22. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. 23. Amendments. This Agreement may be amended, supplemented or changed only by an agreement in writing signed by both of the parties. 24. No Third Party Beneficiaries. This Agreement shall inure to the benefit of, and be binding upon, the parties, their successors and assigns. No third party beneficiary rights, or benefits whatsoever, are expressly or impliedly provided herein. 25. Counterparts; Facsimile. This Agreement may be executed in several counterparts, and all counterparts so executed shall constitute one agreement binding on all parties, notwithstanding the fact that all parties have not signed the original or the same counterpart. The facsimile signature of any party to this Agreement or a PDF copy of the signature of any party to this Agreement, whether delivered by e-mail, mail, or personal delivery, for purposes of execution, is to be considered to have the same binding effect as the delivery of an original signature on an original document. 26. Compliance. Each party shall render all Services herein in accordance with applicable federal, state and local laws and regulations relative thereto. 8 IN WITNESS WHEREOF, the parties acknowledge that they have read, understand and agree to the terms and conditions of this Agreement. CONVEY911, LLC City Of Round Rock By: _______________________ By: _______________________ Name: Jeff Bruns Name: ____________________ Title: CEO Title: _____________________ Date: ___________________ Date: _____________________ JScottBruns 05/20/2025 Brooks Bennett City Manager 05/30/2025