2. Agreement - Language Testing International, 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

LANGUAGE TESTING INTERNATIONAL, INC., a New York Corporation, hereinafter referred to as “CONSULTANT.”

W I T N E S S E T H:

WHEREAS, ANAHEIM desires to obtain language proficiency testing s ervices 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 desir es to retain CONSULTANT to render professional se rvices 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 R esources 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 attac hed 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.

Renee Tarrant shall be designated CONSU LTANT'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 expiration 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 i n conducting 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 i ncrease 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 between 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 professional 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, de fense costs, liability or consequential damages of any kind or nat ure arising 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 omis sions which do not arise directly out of the performance of profes sional 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 opt ion), and hold harmless ANAHEIM, its officials, agents, employees, representatives, 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 C ONSULTANT'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 activities 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 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 Liabi lity 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 s hall 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 A NAHEIM 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 polici es the applicable clauses referenced above, or (ii) in lieu of sai d 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 aga inst 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 polici es 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 othe r 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:

1. 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;

2. Terminate this Agreement.

Exercise of any of the ab ove 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 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 C ONSULTANT 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 s ame 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 require d 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 exper ienced and/or licensed in their respective fields and in a manner consistent 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 ass umes responsibility for any and all negligence, errors or omissions that 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 hel d 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 Stat es, 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 satisfactorily 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 , obligation 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 communica tions 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 i nvalidity 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 contained 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 se nt 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: Language Testing International, Inc.

Attn.: Renee Tarrant
580 White Plains Road, Suite 660
Tarrytown, NY 10591
Telephone: (914) 207-2058
Facsimile: (914) 963-7113

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 ANAHEIM 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 authorized 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 nam es of the signators hereto. In 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 CONSUL TANT's signator(s) and the date of said Agreement, as executed by CONSULTANT, is received by ANAHEIM.
[Signatures on following page]
///
///
///

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.

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.

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
Jaymie Liu, City of Anaheim Bid Contact
Department of Human Resources
Anaheim West Tower, Suite 501
201 South Anaheim Boulevard #501
Anaheim, California 92805 October 14, 2022
Dear Jaymie,
Language Testing International (LTI) is pleased to respond to the City of Anaheim’s Department of Human Resources and its Request for Proposal RFP #107-HR-09/16/2022 for Language Proficiency Testing Services. To achieve its objective to ensure bilingual City employees demonstrate target language competency to qualify for bilingual incentive pay, we can comply with the work requirements and conditions specified in the solicitation. Our proposal is specific to delivering defensible language proficiency assessment services to measure speaking, writing, and reading proficiency of the City’s bilingual talent as outlined in the Scope of Work.

Section 1: Executive Summary
Language Testing International is the exclusive licensee, sole source provider, and official testing office of ACTFL (formerly known as the American Council on the Teaching of Foreign Languages). ACTFL is an internationally renowned membership organization of world language professionals dedicated to promoting and fostering the study of languages and cultures as an integral component of education and society. ACTFL’s membership includes more than 13,000 language educators and administrators from elementary through graduate education, as well as government and industry professionals. Since 1967, ACTFL has led the field in world language research and assessments, while publishing and disseminating performance and proficiency standards that guide best practices for language learning, teaching, and assessment.

ACTFL licensed LTI to act as the official ACTFL Testing Office and sole source provider of ACTFL assessments in 1992. For thirty (30) years, LTI has organized and administered proficiency assessments for Fortune 500 Companies, universities, State Boards of Education and other state, county, city, and federal government agencies, including the Defense Language Institute, the Foreign Service Institute, and the Defense Intelligence Agency. LTI delivers over 900,000 language proficiency assessments every year.

ACTFL’s testing instruments, delivered exclusively by LTI, are widely recognized as representing high standards of validity, reliability, and defensibility in the language testing field. ACTFL develops its assessments through research, item analyses, validation studies, and reliability evidence. LTI enjoys

EXCLUSIVE LICENSEE OF ACTFL
580 White Plains Road, Suite 660 I Tarrytown , NY 10591 USA 800.486 .8444 I language testing.com

unprecedented respect and recognition across government, corporations, and academia, representing the highest standards for validity, reliability, and defensibility in language testing. To ensure the quality and validity of ACTFL assessments, only highly qualified ACTFL-trained and certified testers and raters evaluate language samples to provide proficiency ratings. Test requests are processed by an LTI team of experienced test coordinators and scheduled with 400 ACTFL-certified testers in over 120 languages. In addition to the variety of language assessments available, LTI offers custom assessment solutions for clients’ specific needs. Working closely with companies’ Human Resource Departments and Industrial/Organizational Psychologists, ACTFL language assessments can be seamlessly integrated into the employee and candidate recruiting and hiring processes.

Our expertise revolves around our commitment to the delivery of high stakes testing programs for large assessment and concurrent testing initiatives. Whether tests are conducted on-site (in person) at an employment location or off-site via remotely proctored testing options. Through LTI’s password- protected Client Site portal, clients’ authorized test administrators have 24/7 access to monitor progress, retrieve results, and view test-taker data & reports stored in LTI’s secure Amazon Web Services (AWS) data warehouse locations.

LTI is a client-focused organization dedicated to providing trusted and reliable language solutions. Our experienced team of assessment experts works closely with our clients to gain a deep understanding of the unique needs and goals of each project. We then work with our expansive network of ACTFL and LTI assessment experts to develop and deliver language assessment services that exceed the highest quality and reliability standards.

We look forward to the opportunity to continue our language assessment partnership with the City of Anaheim.

Sincerely,

Renée Tarrant
Global Accounts Manager
[email protected]
914-207-2058
LTI Language Testing International, Inc.
lan guage testi ng .com
Section 2: Experience
In partnership with ACTFL, LTI sets the industry standard in language testing and is well suited to meet the objectives of the City’s project. For 55 years, ACTFL has been a leader in the development of proficiency-based teaching and testing. The ACTFL Proficiency Guidelines according to which language assessments are rated are internationally recognized and have set the standard for which language ability is measured worldwide. No other language test meets the standards of an ACTFL assessment.

ACTFL assessments provide a full, broad, and rich opportunity for test-takers to demonstrate their language ability, particularly regarding the language production elicited through the productive skills tests of writing and speaking. ACTFL assessments directly assess test takers’ functional ability to communicate in the test language, providing each test taker with many opportunities to actively show what they can do with language.

ACTFL’s language assessments are constructed on internationally recognized frameworks of reference (ACTFL, CEFR – Common European Framework of Reference, and ILR – Interagency Languages Roundtable) for languages by leading assessment experts based on research that is broadly publicized, recognized, and cited in the languages assessment field.

As the incumbent provider of language proficiency testing services for the City of Anaheim, LTI will meet the timeline requirements of the City to deliver speaking and writing proficiency assessments in over 120 languages including all those required by the City (Arabic, French, German, Hindi, Korean, Farsi, Russian, Spanish, and Vietnamese with an emphasis on the availability of Spanish and Vietnamese per the City’s Q&A addendum. Tests can be conducted on-site using a City-provided proctor or remotely using an LTI virtual remote proctor to allow for anytime, anywhere on demand testing.

To provide legally defensible tests, LTI has a long-established process for determining minimum proficiency levels for job qualification. Before testing begins, LTI works with clients to set fair and appropriate, legally defensible minimum proficiency levels to be tested for a job title. This standard- setting procedure is referred to as an LTI Task Analysis. The Task Analysis is conducted using a standardized procedure developed by industrial and organizational (IO) psychologists to gather data about the level of language competence required to do a particular job from the client’s subject matter experts (SMEs). The SME data is then compiled and analyzed by language proficiency experts to determine the minimum proficiency level required for a job. A client, with guidance from LTI, then sets the final minimum proficiency level for each job title. The process makes the rating result defensible should any testing candidate disagree with and/or challenge the score for a job title. Since 2003, LTI has conducted approximately 200 standard setting projects with Fortune 500 companies and government agencies. The LTI Task Analysis Procedure is an optional service.

Attachment A contains LTI’s Business License.

To ensure the quality and validity of ACTFL tests, only ACTFL-trained and certified Testers and Raters are qualified to evaluate language samples and rate them. The required rigorous training and certification of testers and raters is unique to ACTFL. Please see the list of minimum qualifications for ACTFL Tester and Rater Certification below; some test types require even more extensive training and certification processes than those cited here.
• ACTF
L Superior-level Proficiency in the Target Language
• Master’s or Ph.D. in the language tested or a related field (Second Language Acquisition or Linguistics)
• 5-day Workshop Attendance
• 6 months test rating practice and certification rounds of test samples Post Certification, AC TFL testers and raters participate in benchmark and norming activities to maintain rating reliability, are monitored through ongoing ACTFL quality control measures, and are subject to random quality assurance reviews of their tester and rater work. Certification is valid for 4 years. ACTFL and LTI continue to offer the highest inter-rater reliability in the industry.

LTI is confirming its qualifications to assess the language proficiency of the City’s bilingual talent through the assessment of speaking and writing skills for languages to include Arabic, French, German, Hindi, Korean, (Persian) Farsi, Russian, Spanish, and Vietnamese. LTI offers the following assessment services to be ordered by the City’s authorized test administrators and scheduled on a date and time convenient to the test-taker within the recruiting and hiring timeline communicated by the City: the ACTFL Oral Proficiency Interview (OPI), Oral Proficiency Interview-computer (OPIc), and Writing Proficiency Test (WPT) can all be taken on-site or remotely online by hundreds of people simultaneously. Rating results will be delivered on the ACTFL scale. Section 1.03 of the Scope of Work also indicated requirements for Reading proficiency, which LTI is poised to meet through additional ACTFL assessments. Below, please find descriptions for each of the speaking, writing, and reading assessment options.

Types of A
ssessments:

ACTFL Official Oral Proficiency Interview (OPI) - Speaking Test • Test Type: A live speaking test conducted by telephone on a scheduled date and time convenient to the test-taker and the ACTFL-certified OPI Tester. • Languages: Available in over 100 languages: Afrikaans, Akan-Twi, Albanian, Algerian, Amharic, Arabic, Armenian, Assyrian, Azerbaijani, Baluchi, Bangla, Belorussian, Bengali, Bosnian, Bulgarian, Burmese, Cambodian, Cantonese, Cebuano, Chechen, Croatian, Czech, Danish, Dari, Dutch, English, Estonian, Ewe, Finnish, French, Fula/Peul, Fula/Toucouleur, Georgian, German, Greek, Gujarati, Haitian, Creole, Hausa, Hebrew, Hindi, Hmong, Hungarian, Igbo, Ilocano, Indonesian, Italian, Japanese, Javanese, Kazakh, Kikongo, Kinyarwanda, Kirghiz, Korean, Krio, Kurdish-Kurmanji, Kurdish-Sorani, Lao, Lingala, Luganda, Macedonian, Malay, Malayalam, Mandarin Mandingo Malinke, Marathi, Mongolian, Nepali, Norwegian, Pashto, Persian Farsi, Polish, Portuguese, Portuguese-Brazilian, Punjabi, Romanian, Russian, Serbian/Croatian, Sindhi, Sinhalese, Slovak, Slovenian, Somali, Spanish, Swahili, Swedish, Tagalog, Tajik, Tamil, Tausug, Telugu, Thai, Tibetan, Tigrinya, Tunisian, Turkish, Turkmen, Uighur, Ukrainian, Urdu, Uzbek, Vietnamese, Wolof, Yoruba, Zulu
• Test Length: 15-30 minutes
• Structure: An adaptive test that includes a warm-up, level check questions, probes, and a wind- down. Questions are adapted to the interests of the test-taker. The OPI Tester will guide the conversation based on the language ability shown through the test-taker’s responses. No two tests are alike. The goal of the OPI is to elicit a ratable sample of speech which an ACTFL- certified rater can evaluate and compare to the descriptors in the ACTFL Proficiency Guidelines 2012 – Speaking to assign a rating
• Click here to learn more a
bout the OPI.
• Scoring: Recorded speech samples are human-rated by an ACTFL- certified rater. o Results will be delivered on the ACTFL scale from Novice Low (NL) to Superior (S) based on the oral proficiency of the test-taker as demonstrated during the OPI. • Ratings Turn-Around Timeframe: within one (1) business day o Results are posted to a password-protected LTI Client Site Portal accessible only by City- authorized test administrators. Results and certificates are not disseminated to test takers directly.

Official AC TFL Oral Proficiency Interview by Computer (OPIc) - Speaking Test • Test Type: An internet-delivered speaking test taken via computer and conducted by a video avatar
• Languages: Available in 13 languages: Arabic, Chinese-Mandarin, English, French, German, Italian, Japanese, Korean, Persian (Farsi), Portuguese, Russian, Spanish, Tagalog, and Vietnamese • Test Length: 20-40 minutes
• Structure: The computer-delivered assessment emulates the qualities of the “live” OPI. A virtual avatar takes the place of a live Tester and asks questions based on the proficiency level targeted by the test and the type of test content selected. The selection and delivery of the questions is through a carefully designed computer algorithm. The goal of the OPIc is the same as the “live” OPI: to obtain a ratable sample of speech which an ACTFL-certified rater can evaluate and compare to the descriptors in the ACTFL Proficiency Guidelines 2012 – Speaking to assign a rating
• Click here to learn m
ore about the OPIc and take a demo test.
• Scoring: Recorded speech samples are human-rated by an ACTFL- certified rater to ensure inter- rater reliability and unbiased evaluation of the assessment. o Results will be delivered on the ACTFL scale from Novice Low (NL) to Superior (S) based on the oral proficiency of the test-taker.
• Ratings Turn-Around Timeframe: within one (1) business day o Results are posted to a password-protected LTI Client Site Portal accessible only by City- authorized test administrators. Results and certificates are not disseminated to test takers directly.

Official ACTFL Writing Proficiency Test (WPT)
• Test Type: A direct measure of functional writing proficiency available 24/7 • Languages: Available in over 30 languages: Albanian, Arabic, Bengali, Chinese-Cantonese, Chinese-Mandarin, Danish, English, French, German, Greek, Haitian Creole, Hebrew, Hindi, Italian, Japanese, Korean, Malay, Norwegian, Pashto, Persian, Polish, Portuguese, Romanian, Russian, Serbian/Croatian, Spanish, Swedish, Tagalog, Thai, Turkish, Urdu, Vietnamese • Test Length: Average 40-60 minutes (depending on the level of the candidate and test form selected)
• Structure: Four requests for writing, at various levels of proficiency, across a variety of topics.

The WPT measures how well a person spontaneously writes in a language (without access to revision and/or editing tools which are blocked by the platform) by comparing their performance of specific writing tasks with the criteria stated in the ACTFL Proficiency Guidelines 2012 – Writing. The tasks and prompts are written in English while the responses must be written in the target language. In accordance with its proficiency-based framework, the ACTFL WPT assesses the ability to communicate for real-life writing purposes, regardless of when, where, why, or how an individual learned to write in the language. Like the other ACTFL assessments included in this proposal, the WPT is not an achievement test assessing a writer’s acquisition of specific aspects of course and curriculum content, nor is it tied to any specific method of learning or instruction.
• Scoring: Recorded writing samples are human-rated by an ACTFL- certified rater. o Results will be delivered on the ACTFL scale from Novice Low (NL) to Superior (S) based on the oral proficiency of the test-taker.
• Ratings Turn-Around Timeframe: within one (1) to three (3) business days o Results are posted to a password-protected LTI Client Site Portal accessible only by City- authorized test administrators. Results and certificates are not disseminated to test takers directly.

Official ACTFL Reading Proficiency Test (RPT) – OP TIONAL: The need for a reading assessment was referenced in sections 1.01 and 1.03 item 4. This information is included to ensure the City is aware of the reading assessment option LTI can make available should it be required. • Test Type: On-demand, computer-based test available 24/7 • Languages: Available in 12 languages: Arabic, Chinese (Mandarin), English, French, German, Indonesian, Italian, Japanese, Korean, Portuguese, Russian, and Spanish • Test Length: Average 25-60 minutes (depending on the level of the candidate and test form selected)
• Structure: 8-15 reading passages, each of which has 3 questions with 4 multiple choice answer options
• Ratings Turn-Around Time Frame: The RPT is machine-scored. Rating results and a certificate of proficiency are returned immediately upon completion of the test.

Proctoring:

T
ests conducted on-site will be proctored by City-assigned staff. For remote testing, LTI offers virtual proctoring services. Conducted via a webcam-enabled computer, the test-taker will connect with the virtual proctor on a date and time convenient to the test-taker and scheduled in advance. The virtual proctor will verify the test taker’s identity, ensure the testing area is free of any test aides, and monitor activity during the full duration of the test session.

Section 3: Firm Background
Language Testing International (LTI) was founded in 1992 in White Plains, New York by Helen Hamlyn, former CEO and Bob Katz, who at the time was a consultant for ACTFL, at that time known as the American Council on the Teaching of Foreign Languages. LTI is the exclusive licensee, sole source provider, and official testing office of ACTFL, which was founded in 1967, and is a leader in the development of proficiency-based teaching and testing resources. With a membership of over 13,000 language educators and administrators, ACTFL works collaboratively to strengthen and improve the teaching and learning of world languages at all educational levels. ACTFL’s assessments are developed through research, item analyses, validation studies and reliability evidence, and enjoy unprecedented respect and recognition across government, industry, and academia.

With 30 years o f experience, LTI has become a global leader in language proficiency testing. LTI delivers over 900,000 ACTFL-certified language assessments annually in over 120 languages to academic, government, and commercial organizations in over 60 countries.

In 2007, the Samsung Group approached LTI to create an online English proficiency test for their organization to use in the recruitment of employees. From that time, Samsung began its investment in LTI. In 2012 the Multicampus Company, Ltd, a division of Samsung, acquired LTI. Multicampus Co. Ltd is a publicly traded company in South Korea, and the Samsung Group has majority ownership. Today, LTI’s corporate headquarters are located at 580 White Plains Road, Suite 660 Tarrytown, NY 10591. This location is LTI’s primary and sole office location for all operations.

LTI's Certificate of Insurance is included in Attachment B.

The City's Appendix III - Non-Collusion Affidavit has been signed and notarized, and can be found in Attachment C.

Section 4: Personnel
LTI's team is comprised of 43 language proficiency assessment professionals spanning sales, operations, information technology, assessment product management, and accounting. Services specific to this contract will be managed by the following departments:
• L
TI Sales Team:
o Primary point of contact
o Onboard training
o Contract support
• LTI Operations
o Customer and Technical Support team to handle inbound customer service requests • LTI Assessment Product Management (APM)
o Coordination of rating delivery
o Quality control
o Liaison to ACTFL
o Management of 1,200 ACTFL certified Testers and Raters With a 9-member team of assessment support specialists, ratings administrators, research analysts and project managers, the APM also manages the 1,200 ACTFL certified Testers and Raters network.

LTI's key personnel assigned to the City of Anaheim’s account will be:

Primary Point of Contact
Renée Tarrant
Global Account Manager
914-207-2058
[email protected]
5 years’ experience at LTI handling all non-federal government and corporate client sales and project management services. Over 25 years' experience in the educational technology sales and service industry. Renée will manage the City’s contract with LTI, provide virtual onboard training and sales support for the City’s assigned test administrators.

LTI Task Analysis Project Manager
Young-A Son, Ph.D.

Test and Ratings Research Delivery Analyst
(914) 785-8246
[email protected]
With o
ver 4 years of analyst and assessment expertise, Young-A conducts LTI’s task analyses with government and corporate clients. Her numerous tasks include but are not limited to developing Subject Matter Expert (SME) surveys specific to the communication task requirements of bilingual jobs and launching many of the kick-off calls with all involved task analysis participants. She analyzes the data collected during the task analysis process. and provides customer reports documenting the findings of each task analysis procedure. The data- driven approach to task analyses helps to support the legal defensibility of the minimum language proficiency requirements that clients establish for their language testing programs.

Customer Service S upervisor
Diane Archer
800-486-8444 ext. 123
[email protected]
Over 14 years of experience at LTI handling customer success and service support across all industries’ language testing needs. Diane oversees the LTI Support team comprised of customer and technical service professionals. Together with our support team, Diane ensures support requests are addressed in a timely manner for both the City’s test administrators and its bilingual test takers.

Section 5: Reporting
Reporting:

Through the password-protected LTI Client Site Portal, authorized test administrators can access all test taker data: status of tests ordered and taken, test rating results, print certifications, and download data.

The downloadable report shows the candidate's name, candidate ID, test date, test type, language of the test, and the rating result in Excel format. Reports are accessible on demand through the Client Site, 24/7/365.

Report customization is av
ailable upon discussion with the City to understand the criteria of reporting needed. Please see the sample below of the report available for download from the LTI Client site.

Below is an example of an ACTFL official certificate of proficiency also available through the LTI Client Sit
e Portal. The certificate shows the test-taker’s name, the type of test and language taken, the rating result, and the description of what the test-taker can do in the communication skill tested at the level demonstrated on the ACTFL scale according to the ACTFL Proficiency Guidelines. As with any certification of a skill that requires proof of proficiency to ensure the skill has not waned over time, the certificate is valid for two years.
candldata Rl'lt N•~ Candldam LHt N•, : Candldat•.t Company r. un1u•1• 17, Productr:" Test Tim,.__ I ~ Rat1n117
Do na ld Duck 121 State Pat ro l Spani sh OP le Test 7/ 3/2022 NS Daffy Duck 122 State P at rol Canto ne se OPI Te st 7/6/2022 AL Daisy Duck 123 State Pat ro l Spanis h OP le Test 7/ 6/ 2022 AM Mickey Mouse 124 State Pat rol Spani sh OP le Test 7/13/ 2022 IH Minnie Mou se 125 St ate P at rol Spa nish OP le Test 7/ 16/ 2022 AM Bugs Bunny 126 State Patro l Spanis h OP le Test 7/ 16/2022 AL Yose mite Sam 127 State Pat rol Ha itia n Cre o le OPI Test 8/ 21/2022 IH Po rky Pig 128 State Pat rol Spa nish OP le Test 8/ 22/2022 AM Section 6: Fees
LTI’s Fee schedule is included in a separate cost proposal file submission as per the RFP requirements.

Ame l'ican Council on the Teaclliug ofF01·eign Langu ages certifies chat
Test Taker
A
C
T
F
L
Test Type
Co1Hml:'Tcinl OPic
Test Date
OS/1012019
has qualified as an Advanced Low speaker according to the ACIFL Proficiency Guidelines Advanced Lo..-
Howard Bnma.n , E:ucutfre Dire,ctor, ACTfL
Date h-,ud : OYl 0/!019
Date of Expir ation: OfflO/ lO! l
Certificate Code: 3198496-97!8 B[
Issued by: LIi
• :\d,·anced Low - ACTfi Proficiency Cuideliue~ !OH - Speaking ACTFL
Certified Rating
System
( •Ad13ne:etJLow
'-1rttetrned~:e !1gn ')
• lntcsrnedia:c Md
l'.1tt1r;imeda1'1.0A'
J
)
Advanced Low
Spell ers at the Advanced-Low ~,-el are aHe to h3ndle a ,.met), of COUlllnllllCati..-e ~ altbou,gh sowewhat hahingly at rimes:. They pllticipate acti,'ely in wed infouml and a limited nwilier of form. • .J com'ES'Satiomon actt\ities rekad to school, home. and leisure a<ti,iti6 md. toa ~ deg,:ee, tho--.:.e rel.ued to e..'S:llS of "-od4 <UTelt, public, and pe:1.'$0l'W Ultl!lu or indn ml tele\~ Advanced-LowspeJl,;a-s demonstrate the ability to na,_nfe and ~ibe in all major time fl~ (past, p,"'1lf and futu:e) inpazagrapb ~ ciiscou,-;e, but cOll!rOl of a:,pect l1U)' be b.clcing at time, . They c.m h.uidle 'Pl"OP'i>tely die lingui,;ic ~ pre:..-lby a cowplicati<m a-uoexpect,dtum of.,_ that ~ "itbm ibe cootext of a routine ~or~~ task with \\inch they areoche:J:wi'R &miliar, ~ at time-; ibm cliscour-A l1U)' be lllicinul fa, die level ml '1r.Wle<i ~~ strate@es such as ~ ml circw,,locutia, l1U)' be ewp!oyed ID such-.,.,.,_ Jn tbei,·narr.nia,o and~ , d,ey conw» ml link"""""" imo C'Olll>!ded cliscour-A of p,rap,;,h leagd,. \1/ben pt-ced foe• fuller account, tl!ey tend to grope and rely on minim.al discow.?.c. Their utterance5 are typically not t,--er than a single l'"" P,;,h. Souaure of die dowin.mt lat,gwi,, io ;ill "'-idem in a,, uoeof fal... cop,,te,, liwal tr=lati or the 01.al p.11~ structure of the ~et,$0\\'ll langwgera-tberib.m that of the target bn~.

Advanced•Lowspeake."S cootribute totbe com:ersaticn \\itb sufficient accuracy, clarity, and p~ to com.re)' tbeu· in."ended message nithout ~tion or cooficion, and it c.m be understood by n:rti,"' speakers ~owed to ~ with oon• natrre'i, e-. ,ai tbou;h this may be adrie\ -ed dnough repetition and ~ \Vben attempting to pe.rfonn functiom or handle topics as.sociated v.ith the Superior &e, -el, the ~qu,litymlqwmityofib!irspe,d,\\iil-~.

Section 7: References
Client Reference No. 1
Item Vendor Response
Agency Name City of Portland
Contact Name Liam Sar
Contact Telephone Number (503) 823-3516
Contact E-mail Address [email protected]
Approximate Agency Size 6,900
Approximate Number of Assessments
Conducted
100
Business Initiation Date October, 2021
Rationale for Inclusion as a Reference Signed a 5 year contract and has conducted over 100 on site and remote (unproctored) OPI
and OPIc tests in year one.

Client Reference No. 2
Item Vendor Response
Agency Name City of Fort Worth
Contact Name Christine Hernandez
Contact Telephone Number 817-392-7778
Contact E-mail Address [email protected] Approximate Agency Size 4,300
Approximate Number of Assessments
Conducted
125
Business Initiation Date March, 2020
Rationale for Inclusion as a Reference Required the use of ACTFL assessments through a sole-source
provider. Administers over 100 OPI, OPIc
and WPT tests on-site annually.

Client Reference No. 3
Item Vendor Response
Agency Name City of Roanoke
Contact Name Katie Hedrick
Contact Telephone Number (540) 853-1283
Contact E-mail Address [email protected]
Approximate Agency Size 1,700
Business Initiation Date August, 2022
Approximate Number of Assessments
Conducted
25 to date
Rationale for Inclusion as a Reference One of our newest City government clients conducting OPI, OPIc and WPT tests on site
Client Reference No. 4
Item Vendor Response
Agency Name Oregon Dept. of Human Services
Contact Name Angela Jimeson
Contact Telephone Number 503-779-8744
Contact E-mail Address [email protected] Approximate Agency Size 9,800
Business Initiation Date June, 2016
Approximate Number of Assessments
Conducted
365
Rationale for Inclusion as a Reference ODHS conducted task analyses to establish minimum proficiency levels for specific
jobs. They test in high volumes and renewed
their contract with LTI in 2021 for another 2
years.

Client Reference No. 5
Item Vendor Response
Agency Name City & County of Denver
Contact Name Tony Gautier
Contact Telephone Number 720-913-0755
Contact E-mail Address [email protected]
Approximate Agency Size 8,000
Business Initiation Date July, 2016
Approximate Number of Assessments
Conducted
150
Rationale for Inclusion as a Reference A long-time client using on site OPI, OPIc and WPT tests
Section 8: Contract Performance
In the last five years, there are no examples to provide of contracts which were terminated for non- performance nor has there been any legal action against LTI by a customer. There have been contracts that were closed due to clients’ evolving needs such as when, for example, an organization completes its language testing initiative, no longer has budget for language testing, or restructures itself and renews its contract as a different entity. However, LTI has not had any contracts terminated in the last five years due to lack of performance.

Section 9: R
FP Exceptions
No exceptions to the RFP have been identified.

Attachment A
Language Testing International Business License

STATE OF DELAWARE
Department of Finance
Division of Revenue

ACTIVE BUSINESS LICENSE
2018608679
01/01/2022 -12/31/2024

LANGUAGE TESTING INTERNATIONAL
580 WHITE PLAINS RD STE 660
TARRYTOWN NY 10591-5181
ISSUED: 05/22/2022
FEE PAID: $225.00

LANGUAGE TESTING INTERNATIONAL
580 WHITE PLAINS RD STE 660
TARRYTOWN, NY 10591-5181

GENERAL SERVICES
Is hereby licensed to practice, conduct, or engage in the occupation or business activity indicated above in
accordance with the license application duly filed
pursuant to Title 30, Delaware Code.

POST CONSPICUOUSLY - NOT TRANSFERABLE
2024
: EFFECTIVE
(SSUED TO
Attachment B
Certificate of Insurance

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
10/10/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSU RANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
York International Agency, LLC
500 Mamaroneck Ave Suite 220
Harrison NY 10528

CONTACT
NAME:

PHONE 914-457-1216(A/C, No, Ext):

FAX 914-376-2891 (A/C, No):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Continental Casualty Co. 20443
INSURED LANGTES-01
Language Testing International, Inc.
580 White Plains Rd
6th FL - STE 660
Tarrytown NY 10591
INSURER B : Beazley Insurance Company 27120
INSURER C : Cincinnati Insurance Company 37540
INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: 926912415 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE ADDL
INSD
SUBR

WVD POLICY NUMBER POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY Y Y 6016596251 5/28/2022 5/28/2023 EACH OCCURRENCE $ 2,000,000

CLAIMS-MADE X OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) $ 1,000,000
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000

X POLICY PRO- LOC JECT
OTHER:

PRODUCTS - COMP/OP AGG $ 4,000,000
$
A AUTOMOBILE LIABILITY Y 6016596251 5/28/2022 5/28/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000
ANY AUTO BODILY INJURY (Per person) $

ALL OWNED
AUTOS

HIRED AUTOS

SCHEDULED
AUTOS

NON-OWNED
AUTOS
BODILY INJURY (Per accident) $

X X PROPERTY DAMAGE
(Per accident) $
$

A X UMBRELLA LIAB

EXCESS LIAB

X OCCUR

CLAIMS-MADE
Y 6016596217 5/28/2022 5/28/2023 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000
DED X RETENTION $ 10,000 $

B WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N
N / A
16WBCAS1VBA 5/28/2022 5/28/2023 X PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under
E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below C EL: Directors & Officers EMP0655115 5/28/2022 5/28/2023 Per Claim 1,000,000 B EL: Professional & Cyber W1ED77210601 5/28/2022 5/28/2023 Per Claim 5,000,000 C EL: Crime- Client Coverage EMP0655115 5/28/2022 5/28/2023 Per Loss 250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is included as an additional insured as required by a written, signed contract.

City of Anaheim, its officers and agents is included as an additional insured as required by a written, signed contract.

The ACORD name and logo are registered marks of ACORD
City of Anaheim
200 S. Anaheim Blvd
Anaheim CA 92805

AUTHORIZED REPRESENTATIVE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

ACORD®
I ~
I
f--
D I I f--
f--
f--
Fl LJ LJ
f--
f-- ~
f-- f--
f-- f--
f--
H
I I
I I I
□
I
Attachment C:

Appendix III – Non-Collusion Affidavit
\
Appendix III - Non-Collusion Affidavit
Note: To be executed by Proposer and submitted with proposal. STATE OF €ALIFORNIA NEW '-/DeK.

Countyof E'21E: -~------------
_ 'f5'--'-'E}J-=-=-=Ea.a.E..___T--'----'-A--=-&MJ0'---'---'-=-~..__ ____ _,, being first duly 1swom deposes and says that he/she is [-,LoP:>A-t. Ac.ccoJ.JTS M-MJ!G,E& ~Ut6~ TE5 Tl/JG /~Tc~~rf~r making the foregoing bid that such bid is not made in the interest of or on the behalf of any undisclos:d 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 ~\leuuwvJ-
Subscribed and sworn to before me this
21 TIFFANY M SPAN ICH
Notary Public, State of New York
Qualified in Ei"ie County
Reg. No. 01 -SP6034113
My Commission Exp;res Dec. 6, 20 J.S
14 EXHIBIT C

Cost Proposal

Language Testing International
Fees and Services Schedule
To support the City's request to deliver tests to include a Certificate of Proficiency along with the rating result. LTI’s ACTFL testing fee and services schedule is posted below. LTI pays all applicable taxes.

Please note that the LTI Client Site includes standard reporting features that allow test data to be exported to Excel in this format:

If the City requires the development of custom reporting features, LTI would need to better understand the requirements of those features to provide an accurate price quote to cover the cost of developing, testing, and implementing the customizations. LTI is ready to gain an understanding of the City’s reporting requirements and work to meet them upon entering into an agreement.

Anaheim City CouncilFebruary 7, 2023

Anaheim City Council
February 7, 2023