1. Agreement - ALTA Language Services, Inc. — Anaheim City Council, February 7, 2023

AGREEMENT
THIS AGREEMENT, dated for purposes of identification only this 8th day of February, 2023 is made and entered into by and between the

CITY OF ANAHEIM, a municipal corporation, hereinafter
referred to as "ANAHEIM,"

A
N
D

ALTA LANGUAGE SERVICES, INC., a Georgia Corporation , hereinafter referred to as “CONSULTANT.”

W I T N E S S E T H:

WHEREAS, ANAHEIM desires to obtain language proficiency testing services on an as needed basis.

WHEREAS CONSULTANT is a nationally recognized leader in providing such services to employers and has provided bilingual assessments to certify City employees to demonstrate their competency in speaking, reading and/or writing in another language.

WHEREAS ANAHEIM has solicited for proposals for such services and received a proposal from CONSULTANT dated October 14, 2022 ("Proposal"), has reviewed the previous experience and evaluated the expertise of CONSULTANT, and desires to retain CONSULTANT to render professional services under the terms and conditi ons set forth in this Agreement; and
WHEREAS, CONSULTANT is qualified to perform such services, and is willing to do so upon terms and conditions set forth herein.

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL

PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AND FOLLOWS:

2 1. SERVICES TO BE PROVIDED BY CONSULTANT
CONSULTANT shall conduct language proficiency testing services on an as needed basis in support of the ANAHEIM Human Resources Department, and other projects and programs as directed by the Human Resources Director or the Director’s designee . The services are more particularly described in the RFP, a copy of which is attached as Exhibit A, in the CONSULTANT's Proposal, a copy of which is attached hereto as Exhibit B (collectively "Scope of Services), and the CONSULTANT’s rates, a copy of which is attached hereto as Exhibit C .

ANAHEIM reserves the right to modify the S cope of Services in its sole discretion. In the event of conflicting provisions, the provisions shall govern in the following order: 1) this Agreement, 2) the RFP, attached as Exhibit A, 3) the Proposal, attached as Exhibit B , and 4) the Rates, attached as Exhibit C.

Jacqueline Jarvis shall be designated CONSULTANT 's Project Manager, and shall be responsible for directing the services to be provided under this Agreement and administering the Agreement on behalf of CONSULTANT.

2. TERM OF AGREEMENT
The term of this Agreement shall be three (3) years from the Effective Date of this Agreement or is otherwise terminated, pursuant to the provisions of Section 12 below.

ANAHEIM’s Human Resources Director may extend the Agreement for up to two (2) additional years by sending notice to CONSULTANT prior to the expirati on of the original term of the Agreement.

3. COMPENSATION
ANAHEIM shall pay CONSULTANT for services rendered pursuant to this Agreement the rates set forth in Exhibit C . Such rates are inclusive of all expenses which may be incurred by CON SULTANT in con ducting medical evaluation services , including, but not limited to travel within Southern California. The rates set forth in Exhibit C will be in effect for three (3) years from date of execution of this agreement. It is also agreed that rates may increase no more than five percent (5%) yearly thereafter to address potential cost increases associated with services provided. CONSULTANT will notify ANAHEIM in writing at least six (6) 3 months prior to any change in rates. It is understood by and agreed betw een the parties to this Agreement that full and complete payment for all services provided in accordance with this Agreement, including expenses, shall not exceed the sum of Three Hundred Fifty Thousand Dollars ($350,000.00).

4. INDEPENDENT CONTRACTOR
CONSULTANT is at all times an independent contractor pursuant to this Agreement and shall not, in any way, be considered to be an officer, agent or employee of ANAHEIM.

5. INDEMNIFICATION
As respects acts, errors or omissions in the performance of prof essional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its officials, empl oyees, and ANAHEIM designated volunteers from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature a rising directly out of CONSULTANT's negligent acts, errors or omissions in the performance of his professional services under the terms of this Agreement.

As respects all acts or omissions which do not arise directly out of the performance of professiona l services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at ANAHEIM's option), and hold harmless ANAHEIM, its officials, agents, employees, repr esentatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) performance or failure to perform, under the terms of this contract; excepting those which arise out of the sole negligence of ANAHEIM.

6. INSURANCE
Without limiting ANAHEIM’S right to indemnification, it is agreed that CONSULTANT shall secure, prior to commencing any acti vities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
4 Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence.

Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Sexual Abuse and Molestation and Independent CONSULTANT’S Liability where determined appropriate by ANAHEIM’S Risk Manager, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis, but may include a deductible or sel f-insurance retention (SIR) of more than $10,000 per occurrence, provided that such deductible or SIR is disclosed to ANAHEIM in writing, at the inception of this Agreement and approved by the Risk Manager for ANAHEIM.

Comprehensive Automobile Liability Coverage including—as applicable— owned, non- owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit, as required by California law.

Professional Liability Insurance in an amount not less than $2,000,000 per occurrence, and CONSULTANT shall maintain such coverage for at least one (1) year from the termination of this Agreement. This coverage must include Cyber Liability Insurance where determined by ANAHEIM’s Risk Manager. Such insurance shall be written on a primary basis, but may include a deductible or self -insurance retention (SIR) of more than $10,000 per occurrence, provided that such deductible or SIR is disclosed to ANAHEIM in writing, at the inception of this Agreement and approved by the Risk Manager for ANAHEIM.

Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions:
“This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S.

Anaheim Blvd., Anaheim, CA 92805, except in the event of 5 cancellation for non- payment of premium that shall provide for not less than ten (10) days’ notice.”

Each insurance policy required by this Agreement, except policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
“It is agreed that any insurance maintained by
CONSULTANT pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self - insurance maintained by the City of Anaheim.”
“The City of Anaheim, its officers, agents, employees,
representatives and ANAHEIM designated volunteers are added as additional insured as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.”

Prior to commencing any work under this Agreement, CONSULTANT shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above . Also, within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide ANAHEIM (i) endorsements to the insurance policies that add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above -referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A. M. Best’s rating of A VII or higher, or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against ANAHEIM, and if 6 ANAHEIM, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies r elated to such required insurance; provided, however, that this provision shall not apply if the parties agree that CONSULTANT shall fully defend, hold harmless, and indemnify ANAHEIM against any such claim or other legal action.

In addition to other rem edies ANAHEIM may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:

1. Order CONSULTANT to stop work under this Agreement and/or wi thhold any payment(s) that become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof;

2. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONSULTANT’S failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed in any way as limiting the extent that an CONSULTANT may be held responsible for payme nts of damages to persons or property resulting from CONSULTANT’S, (or CONSULTANT’S AGENT or SUB -AGENT, if any) performance of the work covered under this Agreement.

In the event CONSULTANT hires other persons or firms to perform some of the work related to this Agreement, CONSULTANT shall ensure (i) that the acts or omissions of such persons or firms are covered under the above -referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same l imits, terms and conditions as, the insurance required of CONSULTANT under this Agreement (except for firms that are not performing professional services —such firms shall not be required to carry the above-referenced professional liability insurance); and in either instance, CONSULTANT shall 7 provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to ANAHEIM.

ANAHEIM’S Risk Manager is hereby authorized to amend the requirements set forth herein in the event that such reduction is in ANAHEIM’S best interest.

7. PROFESSIONAL PRACTICES
All services to be provided by and through CONSULTANT pursuant to this Agreement shall be provided by personnel experienced and/or licensed in their respective fields and in a manner consi stent with the standards of care, diligence and skill ordinarily exercised by professional consultants and/or medical professionals in similar circumstances in accordance with sound professional practices. Services provided by and through CONSULTANT will be furnished in accordance with generally accepted professional practice s and principles and under the supervision of professionals licensed in the State of California.

CONSULTANT assumes responsibility for any and all negligence, errors or omissions tha t CONSULTANT commits and any and all such negligence, errors or omissions committed by a subcontractor of CONSULTANT in performance of this Agreement.

8. ASSIGNMENT
Neither CONSULTANT nor ANAHEIM may assign or transfer this Agreement, or any part thereof, without the written consent of the other party.

9. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California. If any portion of this Agreement is held invalid under any applicable statute or rule of law, then such portion only shall be deemed invalid.

10. COMPLIANCE WITH LAWS
In the performance of this Agreement, CONSULTANT shall abide by and conform to any and all applicable laws of the United States, the State of California and the City Charter and Ordinances of ANAHEIM.

8 11. WAIVER
No waiver or failure to exercise any right, option or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of any other right, option or privilege on any other occasion.

12. TERMINATION OF AGREEMENT
ANAHEIM may terminate this Agreement with or without cause upon giving CONSULTANT at least fifteen (15) days' prior written notice. If this Agreement is terminated without cause, CONSULTANT will be paid for costs incurred and actual services sati sfactorily performed for ANAHEIM up to and including the date of termination.

13. NO THIRD-PARTY RIGHTS
The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obl igation or undertaking established herein.

14. ENTIRE AGREEMENT; PARTIAL INVALIDITY
This Agreement constitutes the entire agreement and understanding between the parties hereto, and supersedes all proposals, oral or written, and all other communications between the parties with respect to the subject matter of this Agreement.

This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations or written agreements which may have been entered into between the parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the parties hereto.

If any provision of this Agreement shall be held invalid, such invali dity shall not affect the other provisions hereof, and to this extent, the provisions of this Agreement are intended to be and shall be deemed severable. The parties shall agree, if reasonably practicable, upon provisions which are equivalent from an economic point of view to replace any provision which is determined to be invalid.

9 15. CONTRACT ADMINISTRATION
The Human Resources Director or the Director’s designee shall be responsible for the administration of this Agreemen t for ANAHEIM. Nothing cont ained in this section shall be construed to authorize the Human Resources Director to amend, cancel, waive, or otherwise modify any terms of this Agreement, except to the extent such changes or modifications are expressly authorized by this Agreement. The City Manager, may, in writing, reassign the administration of this Agreement to another department head.

16. NOTICES
Notices and communication concerning this Agreement shall be sent to the following addresses:

ANAHEIM: City of Anaheim
Attn: City Clerk
200 South Anaheim Boulevard
Anaheim, California 92805
Telephone: (714) 765-5166
Facsimile: (714) 765-4105

WITH A COPY TO: Human Resources Director
City of Anaheim
201 South Anaheim Boulevard
Anaheim, California 92805
Telephone: (714) 765-5111
Facsimile: (714) 765-5211

CONSULTANT: ALTA Language, Inc..

Attn.: Jacqueline Jarvis
3555 Lenox Rd. NE, Ste 450
Atlanta, GA 30326
Telephone: (404) 920-3800
Fax: (404) 920-3801

Either party may, by notice to the other party, change the address specified above.

Service of notice or communication shall be complete, if personally served, when received at the designated address, or five (5) days after deposit of said notice or communication in the U.S. mail.

10 17. USE AND OWNERSHIP OF DOCUMENTS
It is understood by and agreed between the parties that all documents prepared or developed by CONSULTANT pursuant to this Agreement shall become the property of ANAHEIM and shall be delivered to A NAHEIM on hard copy and PC Microsoft compatible disk upon completion of the services.

18. AUTHORITY
CONSULTANT and CONSULTANT’s signators represent that the signators hold the positions set forth below their signatures and that the signators are authori zed to execute this Agreement on behalf of CONSULTANT and to bind CONSULTANT hereto.

19. ANAHEIM'S RIGHT TO EMPLOY OTHERS
CONSULTANT acknowledges and agrees that this Agreement and the provision of services hereunder are non- exclusive and that ANAHEIM may enter into similar agreements with other entities for the provision of similar services.

20. EFFECTIVE DATE
The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signators hereto. I n the event CONSULTANT fails to set forth a date of execution opposite the name(s) of CONSULTANT's signator(s), CONSULTANT hereby authorizes ANAHEIM, by and through its representative, to insert the date of execution by CONSULTANT's signator(s) and the date of said Agreement, as executed by CONSULTANT, is received by ANAHEIM.
[Signatures on following page]
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12 EXHIBIT A

Request for Proposal

Request for Proposal
#107-HR-09/16/2022

Language Proficiency Testing Services
September 16, 2022
Questions Due: September 30, 2022 at 4:00 P.M.

Proposals Due: October 14, 2022 at 4:00 P.M.

Submit bid questions online at:
http://anaheim.net/vendorportal

Department of Human Resources
Anaheim West Tower, Suite 501
201 South Anaheim Bo
ulevard #501
Anaheim, California 92805

Bid Contact
Jaymie Liu, [email protected]

2 Contents

1.01 Purpose of the Request for Proposal .............................................................................................. 3

1.02 Background .................................................................................................................................. 3

1.03 Scope of Work ............................................................................................................................... 4

1.04 General Requirements ................................................................................................................... 4

1.05 Certificate of Insurance/Indemnity Clause ..................................................................................... 5

1.06 Non-Collusion Clause ..................................................................................................................... 5

1.07 Questions and Communications ..................................................................................................... 5

1.08 City’s Requirement for Business License ....................................................................................... 5

2.01 Evaluation Factors for Award........................................................................................................ 5

2.02 RFP Deadline ................................................................................................................................. 6

2.03 Submission of Proposal .................................................................................................................. 6

3.01 City of Anaheim General Conditions: Requests for Proposals ....................................................... 8 Appendix I – Standard Insurance Language ....................................................................................... 17 Appendix II – Standard Indemnification Provision ............................................................................. 20 Appendix III – Non-Collusion Affidavit .............................................................................................. 21 Appendix IV: References ..................................................................................................................... 22

3 1.01 Purpose of the Request for Proposal

The City of Anaheim Human Resources Department is seeking proposals from qualified firms and/or professionals to provide the City with language proficiency testing services for employees on an as - needed basis. The ability to assess a wide variety of languages is required.

City employees assigned to certain positions, as approved, are eligible for various levels of bilingual pay if such employees are able to demonstrate their competency in speaking, reading, and/or writing in another language as part of the regular duties of their position, as needed. The City currently conducts a competency test to certify employees assigned to bilingual duties. The City may also delegate bilingual certification duties to certain certified city employees. Professional services are necessary to further develop and carry out competency tests and certify eligible bilingual employees accordingly.

The City encourages interested firms and/or professionals to review the Request For Proposal (RFP) and submit responses by October 14, 2022. Qualified firms(s)/professionals as defined below, are required to submit proposals to provide language proficiency testing services described in this RFP .

Human Resources anticipates selecting qualified firms and/or professionals to provide services on an as-needed basis for a three (3) year term with the option to renew for two (2), one-year periods. All firms and/or professionals selected will be required to sign the City’s Professional Service s Agreement for as-needed, on-call services.

1.02 City Background

The City of Anaheim, situated in the heart of Orange County, has a population of 356,000 residents within its 50 square mile city limits. It is the largest city in Orange County and the ten th largest city in California. Anaheim features a mild year-round climate with easy access to a wide array of cultural, entertainment and recreational options. The City embraces a vibrant cultural arts community, and several museums and performing arts venues. Professional sports teams include the Angels Baseball team and the Anaheim Ducks Hockey team. Entertainment options include the Disneyland Resort, golf, boutique shopping, and a wide variety of restaurants. More than 40 million people visit Anaheim annually.

Anaheim has four distinct historic districts located in Central Anaheim. These districts encompass approximately two square miles and reflect the City’s pride in, and emphasis on, maintaining the character and heritage of Anaheim. Anaheim also b oasts world- class meeting and entertainment venues including the Anaheim Convention Center, which is LEED -certified and the largest on the west coast; Honda Center; City National Grove of Anaheim; and the Anaheim Garden Walk. The City supports a large number of diverse employers, including Walt Disney Company, L -3 Communications, Kaiser Permanente, Extron Electronics, and Northgate Gonzalez Markets.

Over the years, Anaheim has been transformed from a small farming community to an international destination. It is the home to major sports, entertainment, recreational and industrial communities.

Boundless shopping, nightlife and dining options add to the appeal of the world-class City. Anaheim’s thriving visitor industry and business community help support the City’s neighborhoods and make Anaheim a great place to live, work and play.

4 1.03 Scope of Work

Specific services to perform will include, but are not limited to the following:

1. Develop defensible bilingual exam materials for both oral and written proficiency

2. Administer written and oral exams to measure employees oral and written proficiency skills for bilingual certification, as requested.

3. Establish defensible methods to rate proficiency and record results a. Exams should be rated by qualified language professionals

4. Issue a certificate of foreign language competency with a performance rating or score for each tested employee that meets the requirements for verbal, reading, and writing.

5. Maintain data of all assessments conducted and provide reports as requested.

6. Ability to conduct online/remote testing options.

7. Ability to conduct multiple, concurrent assessments.

Timeline

The following defines the estimated timeline for the selection of Firms and/or Professionals.

However, the City reserves the right to modify or reschedule procurement milestones as necessary.

Activity Date
Release of Request for Proposal September 16, 2022
Vendor Questions Final Submittal September 30, 2022
Vendor Questions – Answers Returned and Posted October 7, 2022 Proposals Due October 14, 2022
Selection of Finalist (possible vendor interviews) October 21, 2022 Contract Negotiations October 24 – November 4, 2022
Award Contract December 6, 2022
Implementation Start Date January 1, 2023

1.04 General Requirements

The following is a list of minimum requirements that Firm must be able to meet:

1. Statement of Qualifications – firm’s ability to assess competencies in a variety of languages, including but not limited to: Arabic, French , German, Hindi, Korean, Farsi, Russian, Spanish, and Vietnamese.

2. Possession of certification and/or credential validating (assigned employee) ability to assess and certify language proficiency, as required.

3. Testing options: in-person, online, and/or remote.

4. Testing development

5. Administration of exams

6. Certify competency rating/scoring standards.
5 1.05 Certificate of Insurance/Indemnity Clause

The Agreement between Anaheim and successful Firm(s) will contain Anaheim’s standard insurance provisions for Agreements of this type. This langua ge is s et forth in Section 3.01.

The Agreement between Anaheim and successful Firm(s)/Professional(s) will contain Anaheim’s standard ind emnification provisions for Agreem ents of this type . This l anguage is se t forth in Appendix II.

1.06 Non-Collusion Clause

The Firms/Professionals agree to sign a non-collusion affidavit to be executed by the bidd er and submitted with the bid. The non-collusion affidavit will be included as part of the bid documents.

See Appendix III.

1.07 Questions and Communications

All questions, concerns or comments regarding this RFP may only be submitted through the vendor portal (http://anaheim.net/vendorportal). Answers to such inquiries, as well as any revisions to the request for proposal, will be publicly posted on the vendor portal in the form of an addendum.

The City’s policy is to provide fair and open competition and to ensure that accurate and complete information is communicated to all interested parties . Therefore, any verbal or written communications between any Firm/Professional or its representatives, agents or others acting on their behalf, and any other City employee, consultant, commission member, or elected official regarding this procurement are strictly prohibited from the time the RFP is issued until the date of execution of the contract. Any violation of the communication process set forth in this section may be grounds for disqualification of the offending firm from participation in this procurement.

1.08 City’s Requirement for Business License

During the term of the Agreem ent, the Firms/Professionals shall obtain and keep in full forc e and effect, all busines s licenses require d by the City . For additional in formation re garding the applicability of the Cit y’s business lic enses, contact the Business License Division at (714) 765- 5194.

2.01 Evaluation Factors for Award

Evaluation of proposals will be based on a fair, impartial, and competitive selection process in which the evaluation of proposals will not be limited to price alone. Proven expertise in portfolio management will be the primary consideration in the selection process.

The City reserves the right to select Firms based solely on the information submitted in the proposal and to make (a) contract award without any further discussion with the Firms/Professionals regarding the responses received. Therefore, responses should be submitted initially on the most favorable terms available to the City from a price, contractual terms, and conditions.

6 The City also reserves the right to conduct discussions wit h Firms/Professionals who submit proposals.

Proposals shall be consistently evaluated based on a competitive selection criteria.

Notification. Any firms and/or professionals submitting proposals judged as being "most qualified" by the selection committee may be contacted and asked to provide additional information to supplement their initial proposal . Staff will negotiate a professional services agreement with the selected applicant(s) and the final agreement(s) may be presented to the City Council for approval.

2.02 RFP Deadline

Please submit the fin al response/proposal in the format specified in Section 2.03 by 4:00 P.M.

Pacific Standard Time, on October 14, 2022.

Proposals rec eived after the required time and date specified will be conside red late an d non- responsive and will not be evaluated for award.

Proposals that are incom plete or non-responsive m ay not be consider ed during the evaluation process.

All questions regarding this RFP must be submitted through the vendor portal noted above and must be submitted no l ater than September 30, 2022 by 4:00 P.M. Pacific Standard Time. A nswers, if any, prepared by the City will be delivered vi a e-mail to all known proposal holders and posted on the vendor portal.

2.03 Submission of P
roposal

Please submit the final response/proposal electronically by 4:00 P.M. Pacific Standard Time, on October 14, 2022, via the Department’s vendor portal website, located at http://anaheim.net/vendorportal.

Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments hereto.

Proposal Response Format. In order to assist in the fair and equitable evaluation of all responses, Vendors are being asked to adhere to the specific response format set forth below. Responses that deviate from the requested format may be classified as “non-responsive” at the discretion of the City and may be subject to disqualification. Marketing information will not be accepted in lieu of direct response to all requirements and questions.

Proposals should be organized in a bookmarked PDF document that includes the following sections and content:

7 Section Description

1. Executive
Summary
A letter of introduction signed by an authorized representative of the Firm that provides an executive summary of experience relevant to the scope of work described (including process) in this RFP. Limit to 2 pages.

2. Experience Describe your organization’s ability to achieve the objectives of this project with reference to prior experience, meet specified timelines, available resources, and the qualifications of your team. Please include copies of your business license and certifications. Limit to 1 page.

3. Firm Background Describe the organization, date founded and ownership of your firm.

Specify the number of years your organization has been providing language proficiency testing services.

Certificates of insurance will be due prior to award.

4. Personnel

Identify the number of professionals employed by your firm, by classification.

Please describe your proposed project team, including roles they will play, title and years at firm. Include relevant work experience for each member.

Identify key personnel responsible for accomplishing all phases of the contract.

5. Reporting Describe in detail what your current process entails and state the frequency and format of reports you would provide to City staff. Please attach sample reports.

Are you willing to develop reporting procedures in line with our needs and objectives?

6. Fees All information regarding fees must be submitted in a separate attachment. No mention of fees is to be made in the body of the proposal.

Please include a copy of your firm’s fee schedule.

7. References Using the forms provided in Appendix IV provide five (5) public sector customer references that are similar in size and project scope to the City.

8. Contract
Performance
Indicate if at any time during the past five years Vendor has had a contract terminated for convenience, non-performance, or any other reason, or has entered into legal action with a customer. Describe the situation(s) including name and address of contracting party and circumstances.

9. RFP Exceptions Specifically identify exceptions to this RFP.

– End of Proposal Format Section –

8 3.01 City of Anaheim General Conditions: Requests for Proposals

ACCEPTANCE PERIOD Unless otherwise specified herein, proposals are firm for a period of ninety (90) days.

ADDENDA ACKNOWLEDGMENT Each proposal shall include specific acknowledgment of receipt of all addenda issued during the solicitation period. Failure to so acknowledge may result in the proposal being rejected as not responsive. In electronic proposals, such acknowledgement is done online; in paper proposals, there is a space on the signature page for such acknowledgement.

AFFIRMATIVE ACTION AND NON -DISCRIMINATION If the total price exceeds $50,000, the successful bidder must certify prior to award that they have a written affirmative action program and that they comply with all federal, state, and municipal laws and regulations pertaining to affirmative action and non-discrimination. This certification may be made on the Special Provisions form provided.

ASSIGNMENT OF RIGHTS OR OBLIGATIONS Except as noted hereunder, the successful Proposer may not assign, transfer or sell any rights or obligations resulting from this solicitation without first obtaining the specific written consent of the City.

AUTHORIZED SIGNATURES Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of the City of Anaheim, any agent submitting a proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer.

AWARD OF PROPOSAL An evaluation committee will be established by the City. The committee will evaluate all proposals received in accordance with the selection criteria. The criteria are not listed in any order of preference. Award will be made to the Proposer offering the most advantageous proposal after consideration of all selection criteria set forth herein.

The evaluation committee reserves the right to contact and evaluate the Proposer's and (if applicable) subcontractor's references; contact any Proposer to clarify any response; contact any current users of a Propos er’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. The City shall not be obligated to accept the lowest priced proposal, but will make an award in the best interests of the City after all factors have been evaluated.

Oral interviews may, at the City's sole option, be conducted with responsible Proposers who submit proposals determined to be most likely to best meet the needs of the City. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. Unless otherwise indicated, revisions may be permitted after submissions and before award for obtaining best and final proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing Proposers.

A notification of intent to award may be sent to any Proposer selected. Award is contingent upon the successful negotiation of final contract terms and the approval of the Anaheim City Council.

Negotiations shall be con fidential and not subject to disclosure to competing Proposers unless an 9 agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with another Proposer or withdraw the RFP. In the event the City Council does not approve the recommendation to award, the RFP may be cancelled without any cost or obligation of the City.

ADDITION/DELETION OF SERVICES The City of Anaheim reserves the right to add and/or delete services to be provided for in the contract. Should a service requirement be deleted, payment to the Successful Proposer will be reduced proportionally, to the amount of service reduced in accordance with the bid price. Should additional services be required from this contract, prices for such additions shall be in accordance with this Request for Proposal and Proposer’s response thereto.

AWARD SELECTION PROCESS Selection of qualified Proposers will generally be based on the quality and completeness of submitted proposal; understanding of project objectives; project approach; product offering; experience and expertise; references; costs; and any other criteria identified in the specific RFP. Additional questions may be asked of Proposers and interviews may be conducted. Proposers will be notified of any additional required information or interviews after the written proposals have been evaluated. Interviews will be held only with the most qualified respondents. The recommended proposals and resulting Agreement may require approval by the City Council for award. The Proposer selected will enter into a written contract with the City.

BUSINESS LICENSES Any person, including but not limited to, an individual, corporation, or sole proprietor who wishes to conduct any business within the City of Anaheim, must secure a business license. City law states that no person shall engage in business or transact and carry on a business, trade, profession, calling or occupation without first having procured a license from the City to do so, or without complying with any and all applicable provisions of Title 3 of the City Ordinance relating to business license. A City of Anaheim business license is not required for submitting a proposal, but must be obtained when awarded a contract, prior to commencing services or selling merchandise to the City.

CANCELLATION OF SOLICITATION The City may cancel this solicitation at any time, without obligation.

COMPLIANCE WITH LAWS The Contractor shall adhere to all applicable federal, state, and local laws, codes and ordinances, including, but not limited to, those promulgated by CAL -OSHA, FED- OSHA, EPA, the California State Department of Health Services, and City of Anaheim regulations.

Contractor shall conform to the Immigration Reform and Control Act of 1986, as amended, including, but not limited to, the verification of the employment eligibility of Contractor’s employees working in the City, and the Workers Compensation laws of the State of California.

CONTRACT DOCUMENTS, EXAMINATION OF It is the responsibility of the Proposer to thoroughly examine and be familiar with legal and procedural documents, general conditions, all forms, specifications, scope of work, drawings, plans, and addenda (if any), hereinafter referred to as Contract Documents. Proposer shall satisfy himself as to the nature, quantity, and quality of work to be performed and materials, labor, supervision, equipment and permits necessary to perform the work as specified by the Contract Documents. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve him from any obligations with respect to the solicitation or contract. The submission of a proposal shall constitute an acknowledgment upon which the City of Anaheim may rely that the Proposer has thoroughly examined and is familiar with the contract documents. No claim will be allowed for additional compensation that is based upon a lack of 10 knowledge of any solicitation document.

DEFINITION OF TERMS For the purposes of this RFP, the following definitions will be used:

Contractor - Same as Proposer, may be used interchangeably with "Supplier," “Bidder,” or "Vendor."
Evaluation Committee -. A committee established by the City to review, evaluate, and score the proposals, and to recommend award to the Proposer that submitted the proposal determined by the committee to be in the best interest of the City.

May - Indicates something that is not mandatory but permissible.

Must/Shall - Indicates a mandatory requirement. A proposal that fails to meet a mandatory requirement will be deemed non-responsive and may not be considered for award.

Proposer - The person or firm making the offer. May be used interchangeably with the word “Bidder.”
Proposal - The offer presented by the Proposer.

RFP -. Acronym for Request for Proposals.

Should - Indicates something that is recommended but not mandatory. Failure to do what "should" be done will not result in rejection of your proposal.

Submission Deadline - The date and time on or before which all proposals must be submitted.

Successful Proposer - The person, contractor, or firm to whom the award is made.

DISQUALIFICATION OF PROPOSER If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable ground for believing that any Proposer is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a Proposer is interested. A person, firm, or corporation who has submitted a sub- Proposal to a Proposer, or who has quoted prices on materials to a Proposer, is not thereby disqualified from submitting a sub- Proposal or quoting prices to other Proposers. Proposers shall submit as part of their Proposal documents the completed Non-Collusion Affidavit provided herein.

DOCUMENTS TO BE RETURNED WITH PROPOSAL Failure to completely execute and submit the required documents before the Submission Deadline may render a proposal non-responsive. The documents that must be returned by the Submission Deadline are indicated on the specific Request for Proposal Documents.

EXECUTION OF CONTRACT Time is of the essence for this contract. The Successful Proposer will be expected to execute the contract, including but not limited to signing all necessary documents and submitting all required bonds and evidences of insurance, within ten (10) days after notification of award. One copy of the contract will be returned to the Contract or after the City of Anaheim executes the contract. In case of failure of the Contractor to execute and return the contract and all required documents within the time allowed, the City of Anaheim may, at its option, consider that the Proposer has abandoned the contract. After the contract has been executed, including the insurance documents, certificates, and any applicable bonds, notice to proceed will be issued. Unless otherwise specified, Proposer agrees to commence work within ten (10) working days after the date of the notice to proceed and fully complete the project within the time specified in the contract.

FIRM PRICE PERIOD Unless specified otherwise herein, Proposers’ offer shall remain valid and firm for a period of not less than ninety (90) calendar days from the Submission Deadline. 11 HOLD HARMLESS AND INDEMNIFICATION The successful bidder herby agrees to indemnify, defend, and hold harmless the City (including its officials, officers, agents, employees, and representatives) from and against any and all claims of any kind or nature presented against the City arising out of vendor’s (including vendor’s employees, representatives, and subcontractors) performance under this agreement, excepting only such claims, costs or liability which may arise out of the sole negligence or willful misconduct of the City.

INDEPENDENT CONTRACTOR Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed.

Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City of Anaheim. It is expr essly agreed by Contractor that in the performance of the services required under this contract, Contractor, and any of its subcontractors or employees, shall at times be considered independent contractors and not agents of City of Anaheim.

INFORMED PROPOSER Proposers are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting proposals. Failure to do so will be at Proposers’ own risk and they cannot secure relief on the plea of error.

INK OR TYPEWRITTEN For proposals submitted in hard copy (paper) format, all information, prices, notations, signatures, and corrections must be in ink or typewritten. Mistakes may be crossed out and corrections typed or printed adjacent to the mistake and initialed in ink by the person signing the proposal.

INSURANCE REQUIREMENTS Within ten (10) consecutive calendar days of award of contract, Successful Proposer must furnish the City with the Certificates of Insurance proving coverage as specified in the specifications and naming the City of Anaheim, its officers and agents, Additional Insured by endorsement. Failure to furnish the required certificates within the time allowed may result breach of the contract. Please see Appendix 1 for a listing of insurance requirements.

INTERPRETATION OF CONTRACT DOCUMENTS; ADDENDA If any person is in doubt as to the true meanin g of any part of the specifications or other contract documents, or finds discrepancies or omissions in the specifications, he may submit to the City of Anaheim a written request for an interpretation or correction. Requests for interpretations shall be made in writing and delivered to the City of Anaheim by email, or facsimile to the person identified herein at least ten (10) days before the Submission Deadline, unless a different date is stated in the specific RFP. The requesting party is responsible for prompt delivery of any requests. When the City of Anaheim considers interpretations necessary, interpretations will be in the form of a written addendum to the contract documents, which will be e-mailed to all parties recorded by the City of Anaheim as having received contract documents, or posted on the City's website at http://www.anaheim.net/vendorportal
for all Proposers to reference. All such addenda shall become a part of the contract. Oral and other interpretations or clarifications shall be without legal or contractual effect. It is the responsibility of each Proposer to ensure the City of Anaheim has their correct business name, address, phone number, and e-mail on file. Any prospective Proposer who obtained a set of contract documents from anyone other than the City of Anaheim is responsible for verifying the accuracy and completeness of the documents, and for registering as a Prospective Bidder with the City of Anaheim, in order to receive 12 subsequent Addenda.

LIMITATION OF LIABILITY Unless otherwise expressly set forth herein, (a) each Party’s maximum liability for loss or damage arising out of the performance or non -performance under this Agreement shall be proven direct, actual damages and (b) each Party’s sole remedy against the other for loss or damage arising out of the performance or non-performance under this Agreement shall be proven direct, actual damages. Neither party shall be liable to the other for any indirect, punitive, incidental, reliance, special or consequential damages arising out of its performance or non - performance under this Agreement, whether or not such party had been advised of the possibility of such damages.

MINORITY OWNED BUSINESSES The City of Anaheim encourages minority -owned business firms to submit proposals. Opportunity to identify your firm is contained within the Special Provisions forms.

NOMENCLATURES The terms Successful Proposer, Successful Contractor, Contractor, Supplie r and/or Vendor may be used interchangeably in these specifications and documents and shall refer exclusively to the firm with whom the City enters into a contract because of this solicitation.

NONDISCLOSURE Until such time that the City Council awards the contract, the Proposer agrees that its proposal shall not be made available to any individual or organization without the prior written approval of the City of Anaheim. The master copy of each proposal shall be retained for official files and will become public record after the award of a contract, unless the City of Anaheim determines, in its sole discretion, that the proposal or specific parts of the proposal are exempt from disclosure under California law.

NON-COLLUSION AFFIDAVIT Proposers are required to submit a Non-Collusion Affidavit with their Proposals. See enclosed Affidavit.

OFFERS OF MORE THAN ONE PRICE Unless otherwise specified within these RFP documents, Proposers are not allowed to submit more than one proposal.

OPENING OF PROPOSALS The City of Anaheim reserves the right to postpone the Submission Deadline and opening of proposals any time before the date and time announced in the Request for Proposals or subsequent addenda.

PRE-PROPOSAL CONFERENCE When applicable, a pre-proposal conference may be scheduled to allow Proposer’s to view the jobsite and/or ask questions concerning the specifications or proposal content. If a pre-proposal conference is to be held, the date, time, and location will be indicated on the RFP documents, and the conference will be designated to be either optional or mandatory.

Proposals will not be considered from suppliers who failed to attend a mandatory pre -proposal conference.

PRICE DISCREPANCIES In the event that there are unit price items in a proposa l schedule and the "amount" indicated for the extended price of an item does not equal the product of the unit price and quantity listed, the unit price shall govern and the extended price amount will be corrected accordingly. If there is more than one item in a proposal schedule, and the total indicated for the schedule does not agree with the sum of prices of the individual items, the prices given for the individual items shall govern and the total for the schedule will be corrected accordingly. The 13 Proposer will be bound by said corrections.

PRICES All Proposals shall give the prices proposed, and all other information requested herein, and shall be signed by the Proposer’s authorized representative. Proposal prices shall include everything necessary for the completion and fulfillment of the contract in accordance with the contract documents, except as may be provided otherwise in the contract documents. Any items shown on the plans or details or described in the specifications that are not specifical ly listed in the proposal item are to be considered included in the proposal item and no additional or special compensation will be allowed. In the event that there is more than one proposal item in the proposal schedule, the Proposer shall furnish a price for all proposal items in the schedule, and failure to do so may render the proposal as non-responsive and may cause its rejection. The total amount of the proposal will be the sum of the total prices of all items in the proposal schedule. The total pr ice of unit price items will be the product of the unit price and estimated quantity of the item. In case of discrepancy between the unit price and total price of an item, the unit price shall prevail. If the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the amount set forth as the total price by the estimated quantity of the item.

PROPOSAL CONTENT Proposer must describe in detail how he will meet the requirements of this RFP, and may provide additional related information with his proposal. The proposal must be presented in a format that corresponds to, and references, the sections outlined in the Specification or Scope of Work, and must be presented in the same order. Responses to each section and subsection should be labeled to indicate which item is being addressed. Proposals should be straightforward and concise and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. If a complete response cannot be provided without referencing supporting documentation, you must provide such documentation with the proposal indicating where the supplemental information can be found.

Proposals must include all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements (if applicable), and the Proposer’s standard contract language.

PROPOSAL COSTS The City is not liable for any costs incurred by Proposers before entering into a formal contract. Costs of developing the proposals or any other such expenses incurred by the Proposer in responding to the RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City.

PROPOSAL DEADLINE Proposals may be submitted any time before the Submission Deadline.

Proposals that do not arrive by the Submission Deadline will be late and will not be considered. Paper proposals delivered before the Submission Deadline but to the wrong City office will be considered non-responsive unless re-delivery is made to the office specified before the Submission Deadline. It is the responsibility of Proposers to allow suf ficient time for their proposals to be received by the Purchasing Office before the Submission Deadline. The City will not be held responsible for paper proposals mishandled as a result of the envelope not being properly labeled and delivered, or in the case of an electronic submission, for failure of a Proposer to allow adequate time to fully upload their electronic submission before the Submission Deadline.

PROPOSAL FORMS Proposals must be submitted on the forms supplied, or in the format requested, by the Purchasing Division. If the proposal is submitted in paper format, one original and 14 the requested number of copies must be submitted on or before the Submission Deadline. Proposers shall submit one (1) original proposal marked “MASTER” and the requested number of identical copies, clearly marked "COPY". Envelopes containing the original and the copies should be marked in accordance with the directions found elsewhere in these instructions. If discrepancies are found between the copies, or between the original and any copies, the original "MASTER" will provide the basis for resolving such discrepancies. If one document is not clearly marked “MASTER", the City reserves the right to use the original as the Master. If no document can be identified as an o riginal, bearing original signatures, Proposer's proposal may be rejected at the discretion of the City. For proposals submitted electronically, all required forms must be uploaded in the area provided in the vendor portal.

PROPOSAL MODIFICATIONS Any Proposer who wishes to make modifications to a proposal already received by the City of Anaheim must withdraw his proposal in order to make the modifications. Withdrawals must be made in accordance with the terms and conditions of this solicitation (see Withdrawal of Proposal). For proposals submitted in paper form, all modifications must be made in ink, properly initialed by Proposer’s authorized representative, executed, and resubmitted in accordance with the terms and conditions of this solicitation. Electronic submissions may be withdrawn and resubmitted online. It is the responsibility of the Proposer to ensure that modified or withdrawn proposals are resubmitted before the Submission Deadline.

PROPOSAL OPENING AND RESULTS Only the names of the Proposers submitting proposals will be posted after opening. After an award is made, proposals received will become public record and made available upon request to the City Clerk.

PROPOSER IS SOLE POINT OF CONTACT The Successful Proposer will be the sole point of contact for any resulting contract. The City will look solely to the Successful Proposer for the performance of all contractual obligations that may result from an award based on this RFP, and the awarded Proposer shall not be relieved for the non-performance of any or all subcontractors.

PROPOSER'S BACKGROUND Proposer must provide a company profile. Information required is shown on the enclosed Request for Proposal. If so requested, Proposer must include in his proposal a complete disclosure o f any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

PROPOSER'S REFERENCES Proposers may be required to provide references from similar projects performed for any other clients. Information required is shown on the enclosed Request for Proposal.

QUALIFICATION OF PROPOSERS Each Proposer shall be skilled and regularly engaged in the general class or type of work called for under the contract. The Proposer's experience shall be set forth and submitted in the Proposal. It is the intention of the City to award a contract to a Proposer who furnishes satisfactory evidence that the Proposer has the requisite experience, ability, sufficient capital, facilities, and resources to enable the Proposer to perform the work successfully and properly, and to complete it within the time spe cified in the contract. To determine the qualifications of the 15 Proposer, the City will weigh any evidence that the Proposer has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. In selecting the Successful Proposer, consideration will be given not only to the financial standing but also to the general competency of the Proposer for the performance of the work covered and/or specified in the contract documents.

QUESTIONS AND COMMENTS Questions and comments regarding this solicitation must be submitted electronically through the vendor portal no later than ten (10) days before the Submission Deadline, unless a different date is stated in the specific RFP. The questioner's company name, phone, email address, and contact person must be included with the questions or comments. Answers made by the City will be posted electronically in the vendor portal. Attempting to obtain information from anyone other than the named point of contact for this RFP is strictly prohibited. Communications about this RFP with other City staff or elected officials, or other efforts to influence the outcome of the RFP process may result in disqualification or rejection of the offending company’s proposal.

REJECTION OF PROPOSALS, WAIVER OF INFORMALITIES The City reserves the right to reject any or all proposals, or any part of a proposal. The City reserves the right to reject the proposal of any Proposer who previously failed to perform adequately for the City or any other client. The City expressly reserves the right to reject the proposal of any Proposer who is in default on the payment of taxes, licenses, or other monies due the City of Anaheim.

SIGNATURES An individual who is authorized to bind the Proposer must sign the proposal.

SPECIAL PROVISIONS ATTACHMENT The special provisions attachment contains requirements that are hereby incorporated into this request for proposal and will become binding contract documents. Please enclose the signed special provisions form and any affidavits, bonds or other required documents with your proposal.

SPECIFICATIONS, DEFINITION The term "specification" as used in this solicitation shall be interpreted to mean all the pages that make up this solicitation, including but not limited to; the Request For Proposals, Instructions To Proposers, Terms and Conditions, Detailed Specifications or Scope of Work, Proposal form(s), Special Provisions, Subcontractor's List, and Insurance Certificates.

SUBCONTRACTOR’S COMPETENCY In the event subcontractors are allowed, the Successful Proposer will be required to establish to the satisfaction of the City of Anaheim the competency, reliability and responsibility of the subcontractors proposed to furnish or perform 10 % or more o f the work described in the contract documents. Before the award of the contract, the City of Anaheim will notify the Proposer in writing if, after due investigation, the City of Anaheim has reasonable objection to any proposed subcontractor. If the City of Anaheim has reasonable objection to any subcontractor the Proposer shall submit an acceptable substitute to the City. Persons and entities proposed by the Proposer to be used as subcontractors, and to whom the City of Anaheim has made no reasonable objection, must be used on the work for which they were proposed and shall not be changed except with the written consent of the City of Anaheim.

SUBMISSION METHOD The City issues and receives most solicitations electronically through the Bid Management Vendor Portal. However, in the event paper proposals are requested, such proposals must be submitted in sealed envelopes and should be properly identified with the Proposal number and the Submission Deadline. Telephone, facsimile, or late Proposals will not be accepted or 16 considered.

TAXES Successful Proposer shall pay all federal, state and taxes, levies, duties and assessments of every nature due in connection with any work under the contract and shall indemnify and hold harmless the City of Anaheim from any liability on account of any and all such taxes, levies, duties, assessments and deductions. Proposal prices shall include allowance for said taxes.

TERMS OF THE OFFER The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, the awarded Proposer’s proposal, and all modifications and clarifications that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Proposer’s proposal, and the awarded Proposer’s proposal. Specific exceptions to this general rule may be noted in the final executed contract. Proposer understands and acknowledges that the representations above are material and important, and will be relied on by the City in evaluation of the proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.

WITHDRAWAL OF PROPOSAL Proposers’ authorized representative may withdraw Proposals only before the Proposal Submission Deadline. After that time, Proposers may not withdraw their Proposals for a period of ninety (90) days from the date o f opening, unless a different time limit is identified in the specifications of this solicitation. At no time may the successful Proposer withdraw his Proposal.

– End of General Conditions –
17 Appendix I – Standard Insurance Language

Note: The following represents ANAHEIM’S standard language for the insurance provisions in its professional services contracts. With few exceptions, the language in the final Agreement will be as shown here. If a proposer has any specific concerns regarding any of the ANAHEIM’s insurance language or requirements, which would render the proposer unable or unwilling to enter into an Agreement with the City, the proposer shall identify these concerns in its proposal. Deviations from the ANAHEIM’S standard language may be considered by the City in its evaluation of the responsiveness of a proposal.

INSURANCE

Without limiting ANAHEIM’S right to indemnification, it is agreed th at CONSULTANT shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:

Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence.

Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Sexual Abuse and Molestation and Independent CONSULTANT’S Liability where determined appropriate by ANAHEIM’S Risk Manager, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis, but may include a deductible or self-insurance retention (SIR) of more than $10,000 per occurrence, provided that such deductible or SIR is disclosed to ANAHEIM in writing, at the inception of this Agreement and approved by the Risk Manager for ANAHEIM.

Comprehensive Automobile Liability Coverage including—as applicable—owned, non-owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit, as required by California law.

Professional Liability Insurance in an amount not less than $2,000,000 per occurrence, and CONSULTANT shall maintain such coverage for at least one (1) year from the termination of this Agreement. This coverage must include Cyber Liability Insurance w here determined by ANAHEIM’s Risk Manager. Such insurance shall be written on a primary basis, but may include a deductible or self-insurance retention (SIR) of more than $10,000 per occurrence, provided that such deductible or SIR is disclosed to ANAHEIM in writing, at the inception of this Agreement and approved by the Risk Manager for ANAHEIM.

18 Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions:

“This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805, except in the event of cancellation for non- payment of premium that shall provide for not less than ten (10) days’ notice.”

“It is agreed that any insurance maintained by CONSULTANT pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self - insurance maintained by the City of Anaheim.”

“The City of Anaheim, its officers, agents, employees, representatives and ANAHEIM designated volunteers are added as additional insured as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.”

Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A. M. Best’s rating of A VII or higher, or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against ANAHEIM, and if ANAHEIM, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that CONSULTANT shall fully defend, hold harmless, and indemnify ANAHEIM against any such claim or other legal action.

In addition to other remedies ANAHEIM may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:

19 Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) that become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof;

Terminate this Agreement.

Nothing herein contained shall be construed in any way as limiting the extent that an CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’S, (or CONSULTANT’S AGENT or SUB -AGENT, if any) performance of the work covered under this Agreement.

In the event CONSULTANT hires other persons or firms to perform some of the work related to this Agreement, CONSULTANT shall ensure (i) that the acts or omissions of such persons or firms are covered under the above -referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONSULTANT under this Agreement (except for firms that are not performing professional services—such firms shall not be required to carry the above -referenced professional liability insurance); and in either instance, CONSULTANT shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to ANAHEIM.

ANAHEIM’S Risk Manager is hereby autho rized to amend the requirements set forth herein in the event that such reduction is in ANAHEIM’S best interest.

20 Appendix II – Standard Indemnification Provision

The following represents the City’s standard language for the indemnification, defense, and hold harmless provisions in its contracts. With very few exceptions, the language in the final Agreement will be as shown here. If a proposer has any concerns regarding any of the City’s indemnification language which would render the proposer unable or unwilling to enter into an Agreement with the City, proposer shall identify these concerns in his proposal. Be specific.

Deviations from the City’s standard language may be considered by City in its evaluation of the responsiveness of a proposal.

INDEMNIFICATION

As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature, arising directly out of the negligent acts, errors or omissions of the CONSULTANT or any SUB-AGENT in the performance of professional services under this Agreement.

As respects all acts, errors or omissions that do not arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at ANAHEIM'S option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with CONSULTANT’S (or CONSULTANT'S AGENT or SUB - AGENT, if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims that arise out of the sole negligence or willful misconduct of ANAHEIM.

The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not ANAHEIM, CONSULTANT, or any other person ma intains, or fails to maintain, insurance coverage, or a self -insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.

21 Appendix III – Non-Collusion Affidavit

Note: To be executed by Proposer and submitted with proposal. STATE OF CALIFORNIA

County of ______________________________

_______________________________________, being first duly sworn deposes and says that

he/she is______________________________, of ______________________________, the party making the foregoing bid that such bid is not made in the interest of or on the behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder or to fix any overhead profit, or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in such bid are true, and further, that said bidder has not directly or indirectly submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in the general business.

Signed

Subscribed and sworn to before me this

__day of___________ , 20_____

_______________________________________
Notary Public in and for said County and State

22 Appendix IV: References

Client Reference No. 1
Item Vendor Response
Agency Name
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Agency Size

Approximate Number of Assessments
Conducted
Business Initiation Date
Rationale for Inclusion as a Reference

Client Reference No. 2
Item Vendor Response
Agency Name
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Agency Size

Approximate Number of Assessments
Conducted
Business Initiation Date
Rationale for Inclusion as a Reference

Client Reference No. 3
Item Vendor Response
Agency Name
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Agency Size

Business Initiation Date
Approximate Number of Assessments
Conducted
Rationale for Inclusion as a Reference

23 Client Reference No. 4
Item Vendor Response
Agency Name
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Agency Size

Business Initiation Date
Approximate Number of Assessments
Conducted
Rationale for Inclusion as a Reference

Client Reference No. 5
Item Vendor Response
Agency Name
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Agency Size

Business Initiation Date
Approximate Number of Assessments
Conducted
Rationale for Inclusion as a Reference

13 EXHIBIT B

Proposal / Scope of Services

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

1 Request for Proposal

for

The City of Anaheim

Prepared and submitted by

ALTA Language Services, Inc.
3355 Lenox Road NE, Suite 450
Atlanta, Georgia 30326
404-920-3800 Main
404-920-3801 Fax
www.altalang.com

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

2 This document is a part of the quotation of ALTA Language Services, Inc. (ALTA) to provide language proficiency testing services to the City of Anaheim.

1. Legal Name of Agency: ALTA Language Services, Inc.

2. Mailing Address: 3355 Lenox Rd NE, Ste 450, Atlanta, GA 30326

3. Phone Number: 404.920.3800

4. Fax Number: 404.920.3801

5. Website Address: www.altalang.com

6. FEIN: 58-2304091

7. DUNS: 03-459-5699

8. CAGE Code: 1wz90

9. Point of Contact: Rachel Maurer / Proposal Manager
Address: same as mailing
Direct Phone: 404.920.3891
Email: [email protected]

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

3 Table of Contents
I. Executive Summary ............................................................................................................................. 4 II. Experience ............................................................................................................................................ 5 III. Firm Background ................................................................................................................................. 7 IV. Personnel .............................................................................................................................................. 8 V. Reporting ............................................................................................................................................ 10 A. Administration ........................................................................................................................... 10 B. Types of Tests ........................................................................................................................... 11 C. Test Taker Experience .............................................................................................................. 12 D. Test Results ............................................................................................................................... 13 E. Scoring ....................................................................................................................................... 13 F. Quality Assurance and Reliability ........................................................................................... 15 VI. Fees ..................................................................................................................................................... 16 VII. References .......................................................................................................................................... 17 VIII. Contract Performance ....................................................................................................................... 18 IX. RFP Exceptions .................................................................................................................................. 19

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

4 I. Executive Summary

Attn: Jaymie Liu
City of Anaheim – Department of Human Resources
Anaheim West Tower, Suite 501
201 South Anaheim Boulevard #501
Anaheim, CA 92805

ALTA understands that the City of Anaheim is looking for a qualified and experienced vendor to provide oral and written proficiency testing services in various languages, including – but not limited to – Arabic, French, German, Hindi, Korean, Farsi, Russian, Spanish, and Vietnamese. ALTA has the language and technical capabilities to provide you with a valid and secure testing solution by using our existing administration systems and leveraging our decades of experience in delivering language tests.

ALTA has administered the Speaking and Listening Exam (SLE) since 1996, both as a live test administered by an evaluator via telephone and as an automated test using ALTA’s IVR system. The initial SLE was created in 1996 and has been revised and expanded several times over the years. The current test includes 23 questions, each targeting a different objective in spoken communication as set forth by the guidelines devised by the Interagency Language Roundtable (ILR).

ALTA has administered writing tests since 2005. Since its inception, the ALTA Writing Proficiency Test has involved several pools of prompts designed to elicit writing samples in a variety of styles and forms. ALTA’s test ensures that candidates at all levels are able to demonstrate their skills across several writing samples.

This test was updated and expanded in 2010 to meet the needs of ALTA’s expanding client base.

ALTA’s reading comprehension test structure is built on established research regarding the testing of second-language reading skills. Each question adheres to an objective that targets a specific reading skill:
understanding the main idea of a text, understanding a stated detail, understanding an implied detail, or making an inference. ALTA’s development team determined these objectives by performing a close reading of the ILR reading skill -level descriptors and honing a list of the important knowledge, skills, and abilities (KSAs) for each of the levels on the test.

ALTA welcomes the opportunity to provide these services to the City of Anaheim.

Sincerely,

Rachel Maurer
Proposal Manager | Employee Owner
ALTA Language Services, Inc.

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

5 II. Experience

ALTA’s clients use language testing to make legally defensible, language proficiency -based hiring or pay decisions concerning current or prospective employees. ALTA has provided language testing for a wide range of commercial and non-profit organizations, as well as for government in the US at the Federal, State, and local levels.

In 2021 alone, ALT A averaged a total of 6,972 tests per month, including 4,302 oral assessments, 1,208 writing assessments, and 1,098 reading assessments.

United States Internal Revenue Service
The Internal Revenue Service (IRS) selected ALTA through a competitive bidding process to complete a full-scale language test development project, with the result being a full battery of language testing for its bilingual employees. The IRS was looking to test candidates in 23 languages , with t he results of the language assessments (reading, writing, and oral) used to make hiring and promotion decisions throughout the organization. The project required ALTA to proceed through each step in the validity cycle, from identifying the test constructs to performing regular monitoring and maintenance of the completed, validated assessments. A Lead PM oversaw the project workflow and communicated with the IRS stakeholders; working with the Lead PM were an assistant PM and a psychometrician.

ALTA was awarded this contract in 2012 (for 2012- 2017) and won the contract again in August 2017 (for 2017- 2022).

City of Los Angeles
ALTA was awarded a contract to provide language testing services (oral and written) to the City of Los Angeles Employees in 2010. The contract has bee n renewed every year since. ALTA was awarded the contract again in 2019. The City of Los Angeles is currently using ALTA’s testing services to evaluate the language proficiency of its employees in more than 40 languages.

County of Santa Clara Employee Service Agency
ALTA was awarded a contract to provide language testing services (oral and written) to the County of Santa Clara Employee Services Agency in February 2020. ALTA was awarded the contract again in June 2021 for five years. ALTA offers language competency testing to eligible county employees in a variety of levels based on need of oral or written communication in more than 30 languages (Amharic, Chinese Cantonese and Mandarin, Hindi, Lao, Nepali, Pashto, Serbian, Spanish, and more).

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

6 ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

7 III. Firm Background

ALTA Language Services, Inc. has been in business since 1980 and has provided language testing services since 1998. Headquartered in Atlanta, GA, ALTA is a recognized language services organization in commercial and government markets. Our focus is providing the highest -quality language services, delivered using modern communications technology with the aim of reducing costs and administrative burdens. ALTA features six distinct departments – Interpretation, Testing, Training, Translation, Sales, and Software – that are overseen by directors, executive directors, VP Jacqueline Jarvis, COO Hannah Lodge, and CEO Robert Jones. An organizational chart can be provided on request.

ALTA stands apart from the competition as the only employee- owned language test provider. Employee ownership provides added benefits to our language testing clients through our level of commitment to providing exceptional customer service. Every employee – from our test developers, psychometrician, and language evaluators to the person answering the phone – has a vested interest in the success of your testing initiative.

Our Translation and Interpretation Quality Management Systems are ISO 9001:2015 certified. ALTA plans to be certified for Testing by the end of 2022.

ALTA has an established quality policy that is communicated and used company-wide:

Listen to customers, internal and external.

Think like owners and make customers happy while looking for ways to cont inuously improve our processes.

Act on opportunities to delight customers and grow our business.

This quality policy was developed in conjunction with our ISO 9001:2015 Quality Management System, the scope of which currently includes our Translation and I nterpretation departments and will include our Testing department by the end of 2022. To ensure ALTA’s policy is fulfilled, ALTA monitors external and internal issues. We use a number of tools to monitor these issues, including customer surveys, corrective action reports, idea meetings, PEST analyses, and employee reviews. The output of these tools is reviewed and implemented during management review on a twice-yearly basis.

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

8 IV. Personnel

ALTA currently has 34 full -time employees and 329 part -time employees (developers, evaluators, and instructors). The average ALTA employee turnover is 5%.

Jacqueline Jarvis, Vice President of Testing Services
Ms. Jarvis oversees the daily operations of ALTA’s testing and test development departments, including hiring and training of evaluators, managing the quality assurance process to report scores, and ensuring that operations meet the needs of ALTA testing clients. Ms. Jarvis has been with ALTA since 2022.

Education Master of Business Administration – University of Phoenix Bachelor of Science in Business Administration – Peirce College

Prior Experience Ms. Jarvis is experienced in end-to-end product management, operations, product strategy, product development, and implementation. She has a proven track record launching innovative products that meet the needs of customers. Before joining ALTA, Ms. Jarvis worked at the non-profit global organization Educational Testing Service for more than 18 years. She was the Director of young learner English proficiency assessments, teacher training, and test preparation.

Edrizio Arruda, Director of Operations
Mr. Arruda is ALTA’s director of operations. He manages all the scheduling operations (emails and phone), and the customer service that is provided to clients and candidates ensuring that tests are performed as scheduled and according to the requirements. He has been with ALTA working in the testing department since 2005.

Education Masters of Science – Federal University of Paraiba-Brazil Prior Experience English and Portuguese teacher – Rio de Janeiro, Brazil Fluent in English, Portuguese, Advanced in Spanish, Intermediate in French

Spanish Evaluator (sample resume)

Spanish Tester, ALTA Language Services Inc., Atlanta, GA, 2010-present • Provide Spanish Language testing for different business, gover nment and clients such as Wells Fargo Bank, All World Language, Global Linguistic, Wal -Mart, Red Cross, Delta Airlines, IRS and others, with strict technical requirements, their bilingual skills. • Provide Spanish online training via internet conferencing. • Provide Spanish Language live training.

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

9 • Translator/Interpreter, Solution 2 Biz Inc, Atlanta GA, 2007- 2009 • Provided translation and proofreading assistance to the Weather Channel web site. • Provided interpretation assistance in Immigration interviews. • Provided documents translation services from English into Spanish with the appropriate subject matter expertise and background.

Producer-Coordinator, AC Production Inc, Atlanta, GA, 2006- 2007 • Produced the daily Spanish talk radio show, “Hablemos”, addressed to the Spanish community of Atlanta GA.
• Searched and organized schedule of the worldwide interviewers to talk and analyze current topics. • Kept up dating events worldwide, especially in Latin America.

Legal Liaison- Adviser, Strongwater & Associates LLC, Atlanta, GA, 2000-2006 • Translated and edited legal documents from English to Spanish. • Advised Colombian inmates in criminal procedural matters. • Interpreted English to Spanish for the Consulate General staff. • Attended to diplomatic events on behalf of the Colombian Consulate General.

Part-time Medical Interpreter , VCR Translation & Interpretation Services, Inc . Atlanta, GA (2002-2003)
• Interpreted English/Spanish between patients and doctor in medical appointments at Northside Hospital, Piedmont Hospital, Saint Joseph Hospital and Plastikos Plastic Surgery Center.

Spanish Instructor, Inlingua Language and Intercultural Services Inc., Atlanta, GA, 1999-2001 • Evaluated Delta and Continental Airlines staff to qualify for international flights assignments. • Taught Spanish Language classes to business executives such as Coca Cola Enterprises, BellSouth, Turner Broadcasting Group, the Center for Disease Control, and other Atlanta businesses.
• Taught language distance Spanish classes via internet-conferencing.

Education
Georgia State University, Atlanta, GA, 1998 –2000
Translation Certificate Program - English/Spanish
Studied translation techniques for legal, technical, medical, and commercial documentation.

Andrés Bello Catholic University, Caracas, Venezuela, 1985- 1991 Attornney (equivalent of a J.D.)

English, Spanish, and basic knowledge of French

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

10 V. Reporting

A. Administration

ALTA’s clients are given access to a secure account on the ALTA portal. All ad ministrators and users of the ALTA portal will be able to:

• create candidate profiles (last name, first name, any other information pertinent to the City). • upload multiple candidates and test assignments at once using Microsoft Excel or another spreadsheet program.
• assign Listening and Speaking tests performed through interactive voice recognition (IVR). • assign online Writing tests.
• download and print Writing tests administered on paper. • assign Reading Comprehension tests.
• request a date and time for Listening and Speaking tests performed with a live speaker. • see the schedule of Listening and Speaking tests administered by a live speaker. • follow the status of the tests (date taken, test in progress). • see the results, print a copy of the test summary, email a copy of the test summary. • create reports according to various needs (per date, per language, per candidate, etc.).

Account administrators also have access to the settings of their account and will be able to:

• add and remove users.
• create test groups; test groups are sets of individual tests, which allows users to assign multiple tests to a candidate in a single step. For example, if a client typically administers a set of three tests (Reading, Writing, and Listening and Speaking) in a specific lan guage – or even in multiple languages – to new hires, then the test group will assign all selected tests to new hires in one step. • create subaccounts with specific users.
• add and remove results recipients.

Each subaccount has the possibility to be invoiced separately.

Administrators and account users can choose:

• to have candidates take the test immediately on the site (instant test session), or • to email a notification to candidates to take the test at their convenience. A time limit for the candidates to take their test is set up at the account level according to the client’s needs (five days, 10 days, 30 days, etc.). Reminders are sent to candidates accordingly (for example, weekly for tests that expire after 30 days).

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

11 Fraud prevention:

• Candidates are required to agree to an honor statement, either on the phone for oral tests or by checking a box for the online tests.
• For additional fees, ALTA offers proctoring services through a third- party service, ProctorU. Using a webcam, a live proctor will monitor the candidates taking the oral IVR test over the phone, or the online writing and reading tests. A picture of the candidate is provided on the test summary. • ALTA also offers the option to have live listening and speaking tests performed thr ough video conferencing. A picture of the candidate is provided on the test summary.

B. Types of Tests

General Listening and Speaking Assessments
This test is performed over the phone and consists of a series of questions designed to elicit the full range of the target language and identify what the candidates can do with the language through performance of various tasks (such as giving a description, talking about a hypothetical event, pr oviding an opinion, etc.) as well as how well the candidates use and control the language. The candidates simply answer the questions presented, which are general in nature. There is no right or wrong answer to a question except where it pertains to demons trating comprehension of the topic. The test does not last more than 15 to 20 minutes. At the end of the test, the candidates are instructed to hang up. The evaluator scores the performance based on the subcategories of communication, comprehension, grammar , and vocabulary, and an overall score is assigned.

The test is available in more than 100 languages.

General Writing Assessments
This test is performed either on paper or online. When done on paper, the administrator or proctor will download it from the testing portal along with proctoring instructions. The test consists of several requests for a response in the target language. The written test requires the candidates to demonstrate what they can do with the language through performance of various tas ks (writing a letter, giving an opinion, describing a rule or procedure) as well as how well they use and control the language. The candidates simply write their response to each question in the space provided. The test is one hour long. Candidates will receive a warning at 55 minutes. At the end of the test, it is submitted to ALTA for scoring. The evaluator scores the writing based on expression, understanding of the given topics, grammar, vocabulary , and spelling, and an overall score is assigned.

The test is available in 78 languages.

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

12 General Reading Comprehension Assessments
This test is performed online and consists of a selection of passages, each followed by a series of questions about the passage/recording. This is a multilevel test (ILR 2+ -3+/CEFR B2-C1/ALTA 8-10) which allows candidates to be scored at four levels on the ILR and ALTA scales or three levels on the CEFR scale. The candidates simply mark their selection for each question and submit their answers when finished. The test length is 60 minutes, at which time it will automatically expire. Candidates will receive a warning at 55 minutes. The score is automatically calculated and is available for immediate viewing by the administrator.

The test is available in 70 languages.

C. Test Taker Experience

Listening and Speaking (live)
The City of Anaheim administrator will schedule a day and time in advance with the ALTA testing team, either by emailing [email protected] or calling 1 888 465-4648. The administrator will be provided with a U.S. phone number for the candidate to call at the time of the test and a unique access code to connect with the live speaker. After verifying the candidate’s identity, the evaluator will conduct the test, which is conversational in approach and consists of a series of questions. The test does not last more than 25 minutes. Live tests are scheduled Monday through Friday between 9am and 6pm ET.

Listening and Speaking (IVR)
The City of Anaheim administrator will assign the test on ALTA’s portal and will be given the choice to have the test administered immediately on the site or to send a notification email to the candidate. The candidate will then call the U.S. phone number provided and will enter a unique access code to access the test. They will be given instructions as well as sample/practice questions and answers to get familiar with the system.

They will be asked to state their name and agree to an honor statement. The test will then start, with questions prompted automatically. Candidates will have some time to think about their answer and then will be given an average of 40 seconds to answer. The test does not last more than 30 minutes. The test is available 24 hours per day, seven days per week.

Writing or Reading Comprehension
The City of Anaheim administrator will assign the test on ALTA’s portal and will be given the choice to have the test administered on paper or online, immediately on the site, or to send a notification email to the candidate. The candidate will then log into the ALTA portal to take the test. The time allotted for the test is one (1) hour.

Tests can be taken on computers or tablets. They can also be performed on smart phones, although we do not recommend it due to interaction with incoming phone calls.

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

13 D. Test Results

Results are provided in one (1) business day for oral tests and two (2) business days for writing tests. For reading tests that are multiple choice and do not involve an evaluator, results are available within 10 minutes of test completion.

Results are available on the ALTA portal and are emailed to the list of recipients pr ovided by the City of Anaheim. It is ALTA’s policy not to release results to test takers.

The test summary shows an overall score as well as standard comments according to the level reached in each category. These levels may also appear on the results.

E. Scoring

All of ALTA’s evaluators must first meet the minimum qualifications of being native speakers of the target language. For ALTA this means that the evaluator was born, raised, and educated at the university level in the target language culture. Potential evaluators are first trained on ALTA’s scoring criteria and are then required to rate actual evaluations. Scores (subcategory and overall) are reviewed against the original scores and discrepancies are discussed and resolved. The evaluator continues this training until scoring is provided accurately and consistency. Once the evaluators are approved to perform actual evaluations, their evaluations are pulled for score reviews using an independent evaluator to collect inter-rater reliability data and to ensure accuracy. Once accuracy has been established, ALTA moves to its standard quality assurance process. O ngoing training is also offered to ALTA’s evaluators. These standardization – or “norming” – sessions are designed to ensure that raters continue to interpret the scoring criteria the same, and that their scoring does not become stricter or more lenient over time.

Evaluators determine the skill level of candidates in each subcategory according to ALTA’s language testing protocol. For listening and speaking, the subcategories are:

Comprehension (scope, speed, structure)
Communication (scope, speed, structure, accent)
Grammar (structure, nouns, verbs)
Vocabulary (scope)

For writing, the subcategories are:

Comprehension (scope, structure)
Expression (scope, structure, vocabulary)
Mechanics (grammar, spelling, punctuation, diacritical marks)

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

14 ALTA’s testing protocol follows the descriptors of the ALTA scale, a combination of the ACTFL scale (which, at the time of ALTA’s development, focused only on lower levels) and the Interagency Language Roundtable (ILR) scale (which focused on the upper levels). The ALTA scale was created to cover the entire spectrum of language proficiency from ALTA 1/total beginner to ALTA 12, the equivalent of an educated speaker. All three scales have since undergone revisions, and the current versions of the scales mirror each other to a great degree. ALTA provides results on the ALTA or ILR scales or on both. ALTA’s scale has been mapped to the current version of the ILR scale as shown below:

ALTA Scale Government
(ILR) Scale Description
12+ 5 Able to function as a well -educated articulate fluent speaker. 12 4+ Able to function as a well-educated fluent speaker. 11 4
Able to function with sufficient structural accuracy and vocabulary to participate effectively in most formal and informal exchanges. Equivalent to an educated fluent speaker.
10 3+ Able to satisfy most work requirements and show some ability to communicate on concrete topics.
9 3 Able to satisfy routine social demands and limited work requirements.
8 2+ Able to satisfy most survival needs and some limited social demands.
7 2 Able to satisfy some survival needs and some limited social demands.
6 1+ Able to satisfy basic survival needs and minimum courtesy requirements.
5 1 Able to satisfy immediate needs with learned phrases. 4 0+ Able to operate in only a very limited capacity.
3, 2, 1 0 Unable to function in the spoken language.

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

15 ALTA scale from ALTA 1 to ALTA 12+ (13 levels)
ILR (Federal Government’s Interagency Language Roundtable) from ILR 0 to ILR 5 (11 levels)

F. Quality Assurance and Reliability

Reliability is the extent to which a test is repeatable and yields consistent scores. All measurement procedures have the potential for error, so the aim is to minimize it. In the language testing market , where tests are performed and evaluated by independent raters, the testing providers have to concern themselves with inter-rater reliability, or the degree to which two evaluators would rate a candidate’s performance the same.

To maintain a high inter -rater reliability, ALTA has a specific review procedure to monitor our evaluators’ reliability, to collect inter-rater reliability data, and to ensure that the criteria are being applied consistently.

As a standard process, at least 10% of the evaluations conducted daily are pulled at random for review and rescoring by a second independent evaluator. Any differences between the score review and the initial evaluator’s score are resolved. ALTA also implements this review procedure on a case- by-case basis for the following reasons:

1. The scores in each subcategory (Communication, Comprehension, Grammar, and Vocabulary) are not consistent with the overall score

2. The evaluator was trained recently

3. The scores appear out of range for a particular client (e.g., a low score for a client whose candidates typically score high)

4. To crossmatch between languages; a candidate should be fluent in at least one language

5. The candidate’s score was borderline for that client’s passing level

6. There has been a radical change in a candidate’s score(s) versus those received in a previous test

7. The evaluator is on watch for any internal reason

8. To ensure that evaluators perform the tests with professionalism and in accordance with our test administration requirements

This review procedure allows ALTA to recognize opportunities for training or improvement and to implement them accordingly.

Due to ALTA’s training process and the norming sessions provided to its raters, ALTA maintains an inter - rater reliability of 0.75 and above, where a 0 = no correlation and 1 = perfect correlation. A correlation of

0.70 or higher is considered an acceptable standard in the industry. By continuously monitoring our raters’ performance, ALTA’s reliability exceeds industry standards.

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

16 VI. Fees

See Attachment I – Fee Schedule.

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

17 VII. References

See Attachment II – References.

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

18 VIII. Contract Performance

ALTA has not had any contract terminated for convenience, non-performance, or any other reason.

ALTA has not entered into legal action with any customer.

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

19 IX. RFP Exceptions

ALTA is not taking any exceptions.

22 Appendix IV: References
Client Reference No. 1
Item Vendor Response
Agency Name
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Agency Size
Approximate Number of Assessments
Conducted
Business Initiation Date
Rationale for Inclusion as a Reference
Client Reference No. 2
Item Vendor Response
Agency Name
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Agency Size
Approximate Number of Assessments
Conducted
Business Initiation Date
Rationale for Inclusion as a Reference
Client Reference No. 3
Item Vendor Response
Agency Name
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Agency Size
Business Initiation Date
Approximate Number of Assessments
Conducted
Rationale for Inclusion as a Reference
City of Los Angeles
27 in 2022
April 2002
similar industry
County of Santa Clara ESA
500 in 2022
February 2020
similar industry
State of Oregon Employment Department
September 2020
163 in 2022
similar industry
Eric Villegas
503 947-1794
[email protected]
Cyndi Kitching
[email protected]
213-473-9060
Irene Vaquerano
408-299-6828
[email protected]
23 Client Reference No. 4
Item Vendor Response
Agency Name
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Agency Size
Business Initiation Date
Approximate Number of Assessments
Conducted
Rationale for Inclusion as a Reference
Client Reference No. 5
Item Vendor Response
Agency Name
Contact Name
Contact Telephone Number
Contact E-mail Address
Approximate Agency Size
Business Initiation Date
Approximate Number of Assessments
Conducted
Rationale for Inclusion as a Reference
Arizona DES
2015
316 in 2022
IRS
2011
857 in 2022
similar industry
similar industry
Jillian Petro
202 622-6101
[email protected]
Loretta Cardin
602 364-0218
[email protected]
14 EXHIBIT C

Cost Proposal

ALTA Language Services, Inc.

Tel: 404-920-3800 Fax: 404-920-3801 www.altalang.com

Attachment I – Fee Schedule

Test (any language) Rate per test
Listening and Speaking (IVR) $55.00
Listening and Speaking (Live) $66.00
Access to the toll-free number for Listening and Speaking (Live) $2.00
Writing $66.00
Reading $33.00
Proctoring (ProctorU) (optional)
$15.00 (IVR)
$23.00 (Writing)
$23.00 (Reading)
Job Analysis (optional) $2,000 per position

Anaheim City CouncilFebruary 7, 2023

Anaheim City Council
February 7, 2023