Resolution No. 2012-142RESOLUTION NO. 2012-142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
LANGUAGE PROFICIENCY ASSESSMENT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF VERNON AND BERLITZ
LANGUAGES, INC., FOR SPANISH LANGUAGE PROFICIENCY
EXAMINATIONS
WHEREAS, the City of Vernon (the "City") has established a
Bilingual Pay Program (the "Program") allowing.all employees, whose
regular job duties include interaction with the public on a regular
basis, to be compensated for bilingual skills upon successful
completion of a proficiency examination; and
WHEREAS, since the implementation of the Program the City
has utilized the services of the Los Angeles County Examinations Unit
("L.A. County") and California State University Fullerton ("CSUF") to
conduct the City's.proficiency examinations (the "Services"); and
WHEREAS, due to budget constraints, the L.A. County has
notified the City that they will no longer be able to provide the
Services to the City; and
WHEREAS, CSUF requires a minimum of twelve students in order
to provide the Services, in which the City may not be able to comply
with the CSUF's requirements; and
WHEREAS, by memorandum dated June 21, 2012, the Interim
Chief of Police has recommended the City enter into a language
proficiency assessment services agreement with Berlitz Languages, Inc.
("Berlitz") setting forth the terms and conditions under which Berlitz
will provide the Services (the "Agreement"); and
WHEREAS,.the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (b)(1) and
(7) of Section 2.27 of the Vernon City Code, it is in the public
interest and necessity to enter into an agreement with Berlitz to
allow eligible City employees to participate in the City's Bilingual
Pay Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF -THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon does
hereby find and determine that the recitals contained hereinabove
are true and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Language Proficiency Assessment Services Agreement with
Berlitz Languages, Inc., a copy which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for, and
on behalf of, the City of Vernon and the City Clerk, or Deputy City
Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed Agreement to Berlitz Languages, Inc.
-2-
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 17th day of July, 2012.
z Name: William J. Davis
Title:-
451 / Mayor Pro-Tem
-3-
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2012-142, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, July 17, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this jq day of July, 20 2, at Vernon, California.
'a/
gillardr.. a g h', City Clerk
(SEAL)
Q'C
EXHIBIT A
Language Proficiency Assessment Services Agreement
>° Jul
THIS Agreement ("Agreement") is being entered into this day of ,. � 2012, by and
between the City of Vernon a California Charter City and California Municipal Corporation ("Buyer"),
having its principal office at 4305 Santa Fe Ave, Vernon, CA 90058 and BERLITZ LANGUAGES,
INC. ("Berlitz"), a New York Corporation, having its principal office at 400 Alexander Park, Princeton,
New Jersey 08540,
1. Agreement
The purpose of this Agreement is to set forth the terms and conditions for Berlitz' performance of
Language Proficiency Assessments and other services for the employees, potential employees, and/or any
other individuals authorized by Buyer.
2. Definitions
The following definitions apply to this Agreement:
a) "Effective Date" means the date first written above.
b) "Berlitz Representative" means the individual authorized to action behalf of Berlitz regarding
routine matters arising under or relating to this Agreement.
c) "Deliverable" means any report, data, documentation or other tangible item that Berlitz is
required to provide to Buyer under the terms of the Agreement.
d) "Program Director" means the Buyer representative who is responsible for the coordination of
Agreement performance between Buyer and Berlitz.
e) "Berlitz Test of Speaking Skills": The Berlitz Test of Speaking Skills is a guided, 20-minute
conversation over the telephone. It comprises test items to elicit responses that involve general
language usage in formal and professional contexts. The final score is a proficiency level that
describes the examinee's performance in several areas of oral proficiency. Tile final score is
based on the Common European Framework Proficiency Scale.
f) "Berlitz Test of Reading Comprehension" is a 30 minute assessment, that involves reading a
passage in the target language and either responding orally or answering paper -based multiple
choice questions about if. Results are presented on a scale from 0%-100%n
g) "Berlitz Writing Skills" is a paper -based, 45 minute.assessment, that involves writing a in the
target language. Results are based on the Common European Framework.
h) "Berlitz Bi-Lingual Law Enforcement Assessment" is a guided, 15 minute add -on to the Berlitz
Test of Speaking Skills, A series of role play situations are presented where the examinee is
asked to carry but typical job tasks in the target language. The assessment is scored on a rating
scale of 1-6.
3. Fees
Buyer will pay Berlitz in accordance with (hefollowing schedule of fees:
a) Berlitz Test of Speaking Skills: $75.00 per test
b) Berlitz Test of Speaking, Reading Comprehension, and Writing
Skills: $135.00 per test
c) Berlitz Bi-Lingual Law Enforcement Language Skills Assessment:
$75.00 per test
d) "Buyer" will notify the Berlitz Testing Department of any requests to cancel or reschedule a test
by email to testing@berlitz.us before 3pnt PST the business day prior to the scheduled test. If a
request to cancel or reschedule a test is not received before 3pm the business day prior to the
scheduled test it will be considered a "no show Buyer will pay Berlitz an amount based on the
following schedule of fees for each "no show":
Berlitz Test of Speaking Skills:. $75.00 per test
Berlitz Test of Speaking, Reading Comprehension, and Writing Skills: $135.00 per test
Berlitz Bi-Lingual Law Enforcement Assessment: $75.00 per test
e) Buyer will pay Berlitz an amount based on the following schedule of fees for all reassessments
and or rescheduled assessments due to a "no show":
Berlitz Test of Speaking Skills: $75.00 per test
Berlitz Test of Speaking, Reading Comprehension, and Writing Skills: $135.00 per test
Berlitz Bi-Lingual Law Enforcement Assessment: S75.00 per test
All rates set forth above shall be in effect for period of one year from the Effective
Date of the Agreement. Thereafter, Berlitz shall advise Buyer no less than 45 days
before the end of such one-year period of any price changes for the following one-year
period.
4. Term
The Term of this Agreement shall commence on the Effective Date and continue for
one year, through the _17;h day of ..Jul-y ... 2013..Buyer shall have the right
to renew this Agreement for successive one-year periods and shall advise Berlitz of its
intention to renew by giving written notice to Berlitz thirty (30) calendar days prior to
the expiration of any then current term of the Agreement.
5. Notices
Any notices required pursuant to this Agreement shall be in writing, unless an emergency
situation dictates otherwise. Any notice required to be given under the terms of the Agreement
shall be deemed to have been given when (i) received by the party to whom it is directed by hand
delivery or personal services, (ii) transmitted by facsimile with confirmation of transmission, or
(iii) sent by U.S. Mail via certified mail -return receipt requested at the following addresses:
FOR BUYER: City of Vernon
Director of Personnel
4305 Santa Fe Ave
Vernon, CA 90058
FOR BERLITZ: Allison Raets,
Business Development
Berlitz Languages, Inc.
1455 Frazee Road, Suite 220
San Diego, CA 92108
WITH COPY TO: Berlitz Languages, Inc.
Attn: Legal Department
400 Alexander Park
Princeton, NJ 08540
Fax: (609) 514-9670
The parties shall provide written notification of any change in the information stated above.
6. Conflicts
In the event of a conflict between the specific language setfonth in this Agreement and any
Attachment or Exhibit to it, the terms contained in the Agreement shall prevail,
7. Program Director/Berlitz Representative
Buyer designates the Director of Personnel
a) as the City of Vernon Representative for this Agreement. Buyer will provide written
notice to Berlitz when it appoints another individual to be Program Director. The
Program Director will be Berlitz' principal point of contact at Buyer regarding any
matters relating to this Agreement, will provide all general direction to Berlitz regarding
Agreement performance and will provide guidance regarding Buyer's goals and policies.
b) Berlitz designates Allison Raets as Berlitz Representative for this Contact. Berlitz will
provide written notice to Buyer when it appoints another individual to be Berlitz
Representative. Buyer has the right to assume that the Berlitz Representative has full
authority to act for Berlitz on all matters arising under or relating to this Agreement.
8. Representations and Warranties.
Berlitz represents and warrants that its employees shall have the qualifications and skills
necessary to perform the services that are the subject of this Agreement in a competent and
professional manner. In the event Buyer believes a specific Berlitz employee has not properly
performed, Buyer shall notify the Berlitz Representative who shall take such steps as Buyer and
Berlilz together determine are necessary to improve the performance of any such employee or
provide a replacement, as the case may be.
The services provided hereunder are intended to provide Buyer with skill assessments to be used
as a part of a comprehensive review of examinee credentials and qualifications. Neither Berlitz
nor any of its officers, members, directors, employees or other representatives wit] be liable for
any damages, special, consequential or otherwise, arising out of or in connection with the use of
the results of the services that are the subject of this Agreement. This limitation of liability is
comprehensive and applies to all damages of any kind, including, without limitation, loss of
income or profit, personal injury, loss of or damage to property and claims of third parties,
including examinees.
9. Termination
If either party breaches any of its material obligations under this Agreement, the other party may
give notice of such breach in writing by fax, express mail or com ier to the other party at the
address set forth above. If the breaching party does not cure the breach within thirty (30) days
from the date of receipt of the notice or fifteen (15) days in the event of any breach under Section
5) then the notifying party may terminate this Agreement, subject to the terms and conditions
hereinafter set forth.
10. Amendments
All provisions of this Agreement shall remain in effect throughout the term thereof unless the
parties agree, in written document signed by both parties, to amend, add or delete any provision.
The Agreement contains all agreements of the parties with respect to matters covered herein,
superseding and prior agreements and may not be changed other than by an agreement in writing
signed by the patties hereto.
11. Force Majeure
No party to this Agreement shall be responsible to the other party for nonperformance or delay in
performance of any terms or conditions of this Agreement due to acts of God, acts of
governments, wars, riots, strikes, terrorist actions, accidents in transportation, or other causes
beyond the control of the parties.
12. Entire Agreement and Construction
This Agreement, including the exhibits hereto, constitutes the entire Agreement between the
parties regarding the subject matter hereof and supersedes all prior written or oral agreements
with respect to such subject matter. This Agreement may not be modified orally and no
modification shall be binding unless in writing and signed by authorized representatives of both
parties. This Agreement shall be governed by, enforced and construed in accordance with the
laws of the State of California, without giving effect to the conflict -of -law principles thereof. All
disputes, controversies or differences which may arise between the parties thereto, out of or in
relation to or connection with this Agreement, or any obligations hereunder by either party hereto,
or for the breach thereof, shall be finally settled through arbitration without recourse to any
courts. The arbitration shall be held within 100 miles of Vernon, California, under the rules of
the American Arbitration Association. The award rendered by the arbitrators shall be final and
binding upon both -parties hereto and may be enforced in any courts of competent jurisdiction.
Berlitz hereby represents and warrants that neither Berlitz; its employees nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or excluded from
participation in any state or federally funded program, including Medicare and Medicaid. Berlitz
hereby agrees to immediately notify Buyer of any threatened, proposed, or actual debarment,
suspension, or exclusion from any state or federally funded program, including Medicare and.
Medicaid. In the event that Berlitz is debarred, suspended, proposed for debarment, declared
ineligible, or excluded from participation in any state or federally funded program during the term
of this Agreement, or if at any time after the effective date of this Agreement it is determined that
Berlitz is in breach of this Section, this Agreement shall, as of the effective date of such action or
breach, automatically terminate. In the event Berlitz subcontracts any of the Services provided
under this Agreement, Berlitz shall require that each such subcontractor warrants that neither it
not its employees is listed by a federal or state agency as debarred, excluded, or otherwise
ineligible for participation in state or federal health care programs, or is currently under
investigation by any federal or state agency.
For the purpose of implementing Section 1861 (v) (1) (I) of the Social Security Act, as amended,
and any Written regulations thereto, Berlitz agrees to comply with the following statutory
requirements governing the maintenance of documentation to verify the cost of services rendered
under this Agreement:
(a) Until the expiration of four (4) years after the furnishing of services by Berlitz pursuant to
this Agreement, Berlitz shall make available, upon written request, to the Secretary of Health and
Human Services, or to the Comptroller General, or any of their duly authorized representatives,
this Agreement and the books, documents, and records of Berlitz that are necessary to certify the
nature and extent of the costs of the services of Berlitz; and
(b) If Berlitz carries out any of the duties hereunder, with a value or cost of Ten Thousand
Dollars ($10,000.00) or more for a twelve (12) month period, through a subcontract with a related
organization, such subcontract shall contain a clause to the effect that, until the expiration of four
(4) years after the furnishing of services by subcontractor pursuant to such subcontract, the
related organization shall make available, upon written request to the Secretary of Health and
Human Services, or to the Comptroller General, or any of their duty authorized representatives,
the subcontract, and the books, documents, and records of the related organization that are
necessary to certify the nature and extent of the costs of the services of the subcontractor.
Each party agrees not to discriminate on the basis of religion, race, ethnicity, gender, color,
national origin, sex, age, handicap, sexual orientation, or any other basis deemed unlawful under
federal, state or local law.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
authorized representatives as of the dates set forth below.
City of Vernon
City of Vernon ; William Davis, Date
"Buyer" Mayor Pro—Tem
Attest:
Willard G. Yamaguchi Date
City Clerk ,
City of Vernon
Approved As To Form:
Willard G. Yamaguchi Date
Chief Deputy City Attorney
_City of Vernon
"Berlitz"
SECTION F • Exhibits
Exhibit A • The Common European Framework Scale: Oral Skills
PROVICIENCY:
DL$CRIP-TORS .
SGokhs:
'
OF, OralSkI118
Plofierent Gser r
C2
Can understand with ease virtually everything heard or read.
Can summarize information from different spoken and written
sources, reconstructing arguments and accounts in a coherent
presentation. Can express him/herself spontaneously, very
i fluently and precisely, differentiating finer shades of meaning
even in more complex situations.
Cl
Can understand a wide range of demanding, longer texts, and
'
recognize implicit meaning. Can express him herself fluently
and spontaneously without much obvious searching for
expressions. Can use language flexibly and effectively for
social, academic and professional purposes. Can produce clear,
{
well -structured, detailed text on complex subjects, showing
controlled use of organizational patterns, connectors and
cohesive devices.
Ihepndeit User`;
B2
Can understand the main ideas of complex text on both concrete
j
and abstract topics, including technical discussions in his/her
field of specialization. Can interact with a degree of fluency and
i.
spontaneity that makes regular interaction with native speakers
quite possible without strain for either party. Can produce clear,
detailed text on a wide range of subjects and explain a viewpoint
on a topical issue giving the advantages and disadvantages of
various options.
'
II1
Can understand the main points of clear standard input on
h
familiar matters regularly encountered in work, school, leisure,
a,? >
etc. Can deal with most situations likely to arise whilst traveling
a°i;• j
in an area where the language is spoken. Can produce simple
x h i w
connected text on topics which are familiar or of personal
�fiFV4
interest. Can describe experiences and events, dreams, hopes
and ambitions and briefly givee reasons and explanations for
('F�cxj,yY
A
opinions and plans.
�slr,ya,".
A2
Can understand sentences and frequently used expressions
fi� n "s
related to areas of most immediate relevance (e.g. very basic
personal and family information, shopping, local geography,
and employment). Can communicate in simple and routine tasks
requiring a simple and direct exchange of information on
familiar and routine matters. Can describe in simple terms
s ,
ry
aspects of his/her background, immediate environment and
-'
matters in areas of immediate need.
Al
Can understand and use familiar everyday expressions and very
basic phrases aimed at the satisfaction of needs of a concrete
type. Can introduce him/herself and others and can ask and
answer questions about personal details such as where he/she
+
lives, people he/she knows and things he/she has. Can interact in
a simple way provided the other person talks slowly and clearly
and is prepared to help.
Source: The Common Evopean Frnnunvork of Reference for Languages, Council of Europe, Copyright 2002
Exhibit B - The Common European I+ratnework Scale; Written Skills
iRO11CIENCYk
PYofidieot User
.'
}
DESCRIPTORS
OF: Oral Skills
C2
SCORES:
Can write clear, smoothly flowing, complex texts in an appropriate
and effective style and a logical structure which helps the reader to
find significant points. Can produce clear, smoothly flowing, complex
reports, articles or essays which present a case, or give critical
appreciation of proposals or literary works. Can provide an
appropriate and effective logical structure, which helps the reader to
find significant points. Can write clear, well -structured expositions of
com lex subjects, nnderlinin the relevant salient issues.
s
CI
Can write clear, well -structured texts of complex subjects,
underlining the relevant salient issues, expanding and supporting j
,{Z
points of view.at some length with subsidiary y points, reasons and
relevant examples, and rounding off with an appropriate
`
conclusion.
Can expand and support points of view at some length with subsidiary
points, reasons and relevant examples. Can write an essay or report
which develops an argument systematically with appropriate
's f
I highlighting of significant points and relevant supporting detail. Can
evaluate different ideas or solutions to a roblem
In#1¢e�deHtUspr''
B2
j
Can write clear, detailed texts on a variety of subjects related to
his/her field of interest, synthesizing and evaluating information and
arguments from a number of sources. Can write an essay or report
which develops an argument, giving reasons in support of or against a
particular point of view and explaining the advantages and
disadvantages of various options. Can synthesize information and
�>
arguments from a number of sources. Can write short, simple essays
ffi
on topics of interest. Can summarize, report and give his/her opinion
wfs+
rt:Fu+�AL' �f
about accumulated factual information on familiar routine and non-
a
I3I
routine matters within his/her field with some confidence.
t, ,*
Can write svaightforward connected texts on a range of familiar
subjects within his field of interest, by linking a series of shorter
discrete, elements into a linear sequence. Can write very brief. reports
!: ty
to a standard conventionalized format, which pass on routine factual
stir
information and state reasons for actions.
r
< te,sek
A2
Can write a series of simple phrases and sentences linked wilh simple
connectors like 'and',and 'because'.
_
Can write simple isolated phrases and sentences.
Source: The COMMon European Franework of Reference for Languages, Council of Europe, Copyright 2002
Exhibit C — Berlitz Testing Overview
The Berlitz Test of Speaking Skills
The Berlitz Test of Speaking Skills is an oral proficiency testing system designed to accurately
measure the active oral communicative ability of your employees or applicants in a professional
setting. Our raters are native —fluent in their test language and trained to lead a Berlitz Test of
Speaking Skills in aprofessional and pleasant manner.
Through a series of questions, prompts, and tasks set in a general professional context, the Berlitz
Rater elicits oral language production from the examinee. It is measured in the areas of fluency,
grammatical accuracy, lexical range, and phonological control. The results are based on the
Common European Framework -one of the most widely used and recognized language proficiency
scales in the world -and easily interpreted to determine employee or applicant language
qualification.
Berlitz Test of Writing Skills & Reading Comprehension
Typical tasks for a test of writing skills include:
o Writing a response in the target language to an e-mail also written in the target language
which is consistent to its tone and format
o Writing a short essay in the target language about a nop-technical topic set in a general
professional/service-oriented context
o Results are based on the Common European Framework
Typical tasks for a test of reading comprehension skills include:
o Reading a passage in the target language and responding orally to questions about it
o Reading a passage in the target language and answering multiple choice questions about
it.
o Results are presented as a percentage from a scale of 0%-100%
Berlitz Bi-Lingual Law Enforcement Assessment
The Berlitz Bi-Lingual Law Enforcement Assessment presents a series of role play situations
where the examinee is asked to carry out typical job tasks in the target language. The assessment
is scored on a rating scale of 1-6.
Typical tasks for a bi-lingual law enforcement assessment includes:
o Read/Read out a notice/warning (e.g. Miranda Rights) in foreign language and explain it
in foreign language or English
o Role play situations such as:
-Comprehend description of a crime spoken in the foreign language
-Ask clarifying questions in the foreign language and make a summary in English
-Read out a notice/warning in English and explain it in the foreign language
-Read a written note (e.g. suicide note/letter) in the foreign language and explain it in
English
r
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
July 19, 2012
Allison Raets
Business Development
Berlitz Languages, Inc.
1455 Frazee Road, Suite 220
San Diego, CA 92108
Re: Language Proficiency Services Agreement
Dear Ms. Raets:
Transmitted herewith is one fully executed original agreement, as referenced above, approved by
City Council on July 11, 2012, through Resolution No. 2012-142.
If you have any questions regarding this matter, please call contact Daniel Calleros at (323) 583-
8811 ext. 114.
WGY:dj
Enclosure
c: Daniel Calleros
Martha Valenzuela
Purchasing Department
Resolution No. 2012-142
Agreement File No. 12-063
E,cfusivefy Industriaf
Language Proficiency Assessment Services Agreement
Jul
THIS Agreement ("Agreement') is being entered into this 4 day of JUM , 2012, by and
between the City of Vernon a California Charter City and California Municipal Corporation (`Buyer"),
having its principal office at 4305 Santa Fe Ave, Vernon, CA 90058 and BERLITZ LANGUAGES,
INC. ('Berlin'), a New York Corporation, having its principal office at 400 Alexander Park, Princeton,
New Jersey 08540.
1. Agreement
The purpose of this Agreement is to set forth the terms and conditions for Berlitz' performance of
Language Proficiency Assessments and other services for the employees, potential employees, and/or any
other individuals authorized by Buyer.
2. Definitions
The following definitions apply to this Agreement:
a) "Effective Date" means the date first written above.
b) "Berlitz Representative" means the individual authorized to acyn behalf of Berlitz regarding
routine matters arising under or relating to this Agreement.
c) 'Deliverable" means any report, data, documentation or other tangible item that Berlitz is
required to provide to Buyer under the terms of the Agreement.
d) "Program Director" means the Buyer representative who is responsible for the coordination of
Agreement performance between Buyer and Berlitz.
e) 'Berlitz Test of Speaking Skills": The Berlitz Test of Speaking Skills is a guided, 20-minute
conversation over the telephone. It comprises test items to elicit responses that involve general
language usage in formal and professional contexts. The final score is a proficiency level that
describes the examinee's performance in several areas of oral proficiency. The final score is
based on the Common European Framework Proficiency Scale.
f) 'Berlitz Test of Reading Comprehension" is a 30 minute assessment, that involves reading a
passage in the target language and either responding orally or answering paper -based multiple
choice questions about it. Results are presented on a scale from 0%-100%n
g) 'Berlitz Writing Skills" is a paper -based, 45 minute assessment, that involves writing a in the
target language. Results are based on the Common European Framework.
h) "Berlitz Bi-Lingual Law Enforcement Assessment' is a guided, 15 minute add -on to the Berlitz
Test of Speaking Skills. A series of role play situations are presented where the examinee is
asked to carry out typical job tasks in the target language. The assessment is scored on a rating
scale of 1-6.
3. Fees
Buyer will pay Berlitz in accordance with the following schedule of fees:
a) Berlitz Test of Speaking Skills: $75.00 per test
b) Berlitz Test of Speaking, Reading Comprehension, and Writing
Skills: $135.00 per test
c) Berlitz Bi-Lingual Law Enforcement Language Skills Assessment:
$75.00 per test
d) 'Buyer" will notify the Berlitz Testing Department of any requests to cancel or reschedule a test
by email to testiiig@berlitz.us before 3pnt PST the business day prior to the scheduled test. if a
request to cancel or reschedule a test is not received before 3pm the business day prior to the
scheduled test it will be considered a "no show". Buyer will pay Berlitz an amount based on the
following schedule of fees for each "no show":
Berlitz Test of Speaking Skills: $75.00 per test
Berlitz Test of Speaking, Reading Comprehension, and Writing Skills: $135.00 per test
Berlitz Bi-Lingual Law Enforcement Assessment: $75.00 per test
e) Buyer will pay Berlitz an amount based on the following schedule of fees for all reassessments
and or rescheduled assessments due to a "no show":
Berlitz Test of Speaking Skills: $75.00 per test
Berlitz Test of Speaking, Reading Comprehension, and Writing Skills: $135.00 per test
Berlitz Bi-Lingual Law Enforcement Assessment: $75,00 per test
All rates set forth above shall be in effect for a period of one year from the Effective
Date of the Agreement. Thereafter, Berlitz shall advise Buyer no less than 45 days
before the end of such one-year period of any price changes for the following one-year
period.
4. Term
The Term of this Agreement shall commence on the Effective Date and continue for
one year, through the _17.th, day of __july.______._, 2013.. Buyer shall have the right
to renew this Agreement for successive one-year periods and shall advise Berlitz of its
intention to renew by giving written notice to Berlitz thirty (30) calendar days prior to
the expiration of any then current term of the Agreement.
5. Notices
Any notices required pursuant to this Agreement shall be in writing, unless an emergency
situation dictates otherwise. Any notice required to be given under the terms of the Agreement
shall be deemed to have been given when (i) received by the patty to whom it is directed by hand
delivery or personal services, (ii) transmitted by facsimile with confirmation of transmission, or
(iii) sent by U.S. Mail via certified mail -return receipt requested at the following addresses:
FOR BUYER: City of Vernon
Director of Persotmel
4305 Santa Fe Ave
Vernon, CA 90058
FOR BERLITZ: Allison Raets,
Business Development
Berlitz Languages, Inc.
1455 Frazee Road, Suite 220
San Diego, CA 92108
WITH COPY TO: Berlitz Languages. Inc.
Attn: Legal Department
400 Alexander Park
Princeton, NJ 08540
Fax: (609) 514-9670
The parties shall provide written notification of any change in the information stated above.
6. Conflicts
In the event of a conflict between the specific language set faith in this Agreement and any
Attachment or Exhibit to it, the terms contained in the Agreement shall prevail.
7. Program Director/Berlitz Representative
Buyer designates the Director of Personnel
a) as the City of Vernon Representative for this Agreement, Buyer will provide written
notice to Berlitz when it appoints another individual to be Program Director. The
Program Director will be Berlitz' principal point of contact at Buyer regarding any
matters relating to this Agreement, will provide all general direction to Berlitz regarding
Agreement performance and will provide guidance regarding Buyer's goals and policies.
b) Berlitz designates Allison Raets as Berlitz Representative for this Contact, Berlitz will
provide written notice to Buyer when it appoints another individual to be Berlitz
Representative. Buyer has the right to assume that the Berlitz Representative has full
authority to act for Berlitz on all matters arising under or relating to this Agreement.
8, Representations and Warranties
Berlitz represents and warrants that its employees shall have the qualifications and skills
necessary to perform the services that are the subject of this Agreement in a competent and
professional manner. In the event Buyer believes a specific Berlitz employee has not properly
performed, Buyer shall notify the Berlitz Representative who shall take such steps as Buyer and
Berlitz together determine are necessary to improve the performance of any such employee or
provide a replacement, as the case may be.
The services provided hereunder are intended to provide Buyer with skill assessments to be used
as a part of a comprehensive review of examinee credentials and qualifications. Neither Berlitz
nor any of its officers, members, directors, employees or other representatives will be liable for
any damages, special, consequential or otherwise, arising out of or in connection with the use of
the results of the services that are the subject of this Agreement. This limitation of liability is
comprehensive and applies to all damages of any kind, including, without limitation, loss of
income or profit, personal injury, loss of or damage to property and claims of third parties,
including examinees.
9. Termination
If either party breaches any of its material obligations under this Agreement, the other party may
give notice of such breach in writing by fax, express mail or courier to the other party at the
address set forth above. If the breaching party does not cure the breach within thirty (30) days
from the date of receipt of the notice or fifteen (15) days in the event of any breach under Section
5) then the notifying party may terminate this Agreement, subject to the terms and conditions
hereinafter set forth.
10. Amendments
All provisions of this Agreement shall remain in effect throughout the term thereof unless the
parties agree, in written document signed by both parties, to amend, add or delete any provision.
The Agreement contains all agreements of the parties with respect to matters covered herein,
superceding and prior agreements and may not be changed other than by an agreement in writing
signed by the parties hereto.
11. Force Majeure
No party to this Agreement shall be responsible to the other party for nonperformance or delay in
performance of any terms or conditions of this Agreement due to acts of God, acts of
governments, wars, riots, strikes, terrorist actions, accidents in transportation, or other causes
beyond the control of the parties.
12. Entire Agreement and Construction
This Agreement, including the exhibits hereto, constitutes the entire Agreement between the
parties regarding the subject matter hereof and supersedes till prior written or oral agreements
with respect to such subject matter. This Agreement may not be modified orally and no
modification shall be binding unless in writing and signed by authorized representatives of both
parties. This Agreement shall be governed by, enforced and construed in accordance with the
laws of the State of California, without giving effect to the conflict -of -law principles thereof. All
disputes, controversies or differences which may arise between the parties thereto, out of or in
relation to or connection with this Agreement, or any obligations hereunder by either party hereto,
or for the breach thereof, shall be finally settled through arbitration without recourse to any
courts. The arbitration shall be held within 100 miles of Vernon, California, under the rules of
the American Arbitration Association. The award rendered by the arbitrators shall be final and
binding upon both parties hereto and may be enforced in any courts of competent jurisdiction.
Berlitz hereby represents and warrants that neither Berlitz, its employees nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or excluded from
participation in any state or federally funded program, including Medicare and Medicaid. Berlitz
hereby agrees to immediately notify Buyer of any threatened, proposed, or actual debarment,
suspension, or exclusion from any state or federally funded program, including Medicare and
Medicaid. In the event that Berlitz is debarred, suspended, proposed for debarment, declared
ineligible, or excluded from participation in any state or federally funded program during the term
of this Agreement, or if at any time after the effective date of this Agreement it is determined that
Berlitz is in breach of this Section, this Agreement shall, as of the effective date of such action or
breach, automatically terminate. In the event Berlitz subcontracts any of the Services provided
under this Agreement, Berlitz shall require that each such subcontractor warrants that neither it
nor its employees is listed by a federal or state agency as debarred, excluded, or otherwise
ineligible for participation in state or federal health care programs, or is currently under
investigation by any federal or state agency.
For the purpose of implementing Section 1861 (v) (1) (I) of the Social Security Act, as amended,
and any written regulations thereto, Berlitz agrees to comply with the following statutory
requirements governing the maintenance of documentation to verify the cost of services rendered
under this Agreement:
(a) Until the expiration of four (4) years after the furnishing of services by Berlitz pursuant to
this Agreement, Berlitz shall make available, upon written request, to the Secretary of Health and
Human Services, or to the Comptroller General, or any of their duly authorized representatives,
this Agreement and the books, documents, and records of Berlitz that are necessary to certify the
nature and extent of the costs of the services of Berlitz; and
(b) If Berlitz carries out any of the duties hereunder, with a value or cost of Ten Thousand
Dollars ($10,000.00) or more for a twelve (12) month period, through a subcontract with a related
organization, such subcontract shall contain a clause to the effect that, until the expiration of four
(4) years after the furnishing of services by subcontractor pursuant to such subcontract, the
related organization shall make available, upon written request to the Secretary of Health and
Human Services, or to the Comptroller General, or any of their duly authorized representatives,
the subcontract, and the books, documents, and records of the related organization that are
necessary to certify the nature and extent of the costs of the services of the subcontractor.
Each party agrees not to discriminate on the basis of religion, race, ethnicity, gender, color,
national origin, sex, age, handicap, sexual orientation, or any other basis deemed unlawful under
federal, state or local law.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
authorized representatives as of the dates set forth below.
City of Verno
City of Vernon ; William Davis, Date
"Buyer" Mayor Pro—Tem
s: r �7'
W' erd G. Ya guchi Date
City Clerk
City of Vemon
2-
Date
Chief Deputy City
City of Vernon
b161 a( 2
(NrlitzL;nguaPs,Inc. WDate
Berl itz Languages, Inc.
"Berlitz"
SECTION F - Exhibits
Exhibit A - The Common European Framework Scale: Oral Skills
PROFICIENCY:
'' DESCRIPTORS
SCORES:
OF: Orn4Skills
. Proficient User
C2
Can understand with ease virtually everything heard or read. !
Can summarize information from different spoken and written !
sources, reconstructing arguments and accounts in a coherent
presentation. Can express him/herself spontaneously, very
Fluently and precisely, differentiating finer shades of meaning
even in more complex situations.
C1
Can understand a wide range of demanding, longer texts, and
recognize implicit meaning. Can express him/herself Fluently
and spontaneously without much obvious searching for
expressions. Can use language flexibly and effectively for
social, academic and professional purposes. Can produce clear,
well -structured, detailed text on complex subjects, showing
controlled use of organizational patterns, connectors and
cohesive devices.
AridepGpdent User
B2
Can understand the main ideas of complex text on both concrete
and abstract topics, including technical discussions in his/her
field of specialization. Can interact with a degree of fluency and
'
spontaneity that makes regular interaction with native speakers
quite possible without strain for either party. Can produce clear,
detailed text on a wide range of subjects and explain a viewpoint
on a topical issue giving the advantages and disadvantages of
'
various options.
Bh
Can understand the main points of clear standard input on
<I
familiar matters regularly encountered in work, school, leisure,
etc. Can deal with most situations likely to arise whilst traveling
in an area where the language is spoken. Can produce simple
connected text on topics which are familiar or of personal
d , ;
interest. Can describe experiences and events, dreams, hopes
and ambitions and briefly give reasons and explanations for
opinions and plans.
Baste (Isei-:' -
A2
Can understand sentences and frequently used expressions
related to areas of most immediate relevance (e.g. very basic
personal and family information, shopping, local geography,
and employment). Can communicate in simple and routine tasks
requiring a simple and direct exchange of information on
familiar and routine matters. Can describe in simple terms
aspects of his/her background, immediate environment and
matters in areas of immediate need.
Al
Can understand and use familiar everyday expressions and very
basic phrases aimed at the satisfaction of needs of a concrete
type. Can introduce him/herself and others and can ask and
answer questions about personal details such as where he/she
lives, people he/she knows and things he/she has. Can interact in
a simple way provided the other person talks slowly and clearly
and is prepared to help.
Source: The Common Emopean Framework of Reference for Languages, Council of Europe, Copyright 2002
Exhibit B - The Common European ['ranaework Scale: Written Skills
PROFICIENCY:"
DESCRIPTORS
SCORES:
OF: Oral Skills
` -'Proficient User
C2
Can write clear, smoothly Flowing, complex texts in an appropriate.
and effective style and a logical structure which helps the reader to !,
find significant points. Can produce clear, smoothly Flowing, complex
reports, articles or essays which present a case, or give critical
appreciation of proposals or literary works. Can provide an
appropriate and effective logical structure, which helps the reader to
find significant points. Can write clear, well -structured expositions of l
complex subjects, underlining the relevant salient issues.
C1
Can write clear, well -structured texts of complex subjects,
underlining the relevant salient issues, expanding and supporting !
points of view at some length with subsidiary points, reasons and
relevant examples, and rounding off with an appropriate conclusion.
Can expand and support points of view at some length with subsidiary :.
points, reasons and relevant examples. Can write an essay or report.
which develops an argument systematically with appropriate
highlighting of significant points and relevant supporting detail. Can
evaluate different ideas or solutions to a problem j
ndeperidcttt"User
B2
Can write clear, detailed texts on a variety of subjects related to
t "
his/her field of interest, synthesizing and evaluating information and
arguments from a number of sources. Can write an essay or report
which develops an argument, giving reasons in support of or against a
particular point of view and explaining the advantages and
disadvantages of various options. Can synthesize information and
arguments from a number of sources. Can write short, simple essays
on topics of interest. Can summarize, report and give his/her opinion
about accumulated factual information on familiar routine and non -
routine matters within his/her field with some confidence.
B1
Can write straightforward connected texts on a range of familiar
.•'t -. -:
subjects within his field of interest, by linking a series of shorter
discrete elements into a linear sequence. Can write very brief reports
to a standard conventionalized format, which pass on routine factual
information and slate reasons for actions.
Qasre User.,
A2
Can write a series of simple phrases and sentences linked with simple
coruteclors like 'and', 'but' and 'because'.
AI
write s
. Can imple isolated phrases and sentences.
Source: The Common European Framework of Reference for Languages, Council of Europe, Copyright 2002
Exhibit C — Berlitz Testing Overview
MJ
The Berlitz Test of Speaking Skills
The Berlitz Test of Speaking Skills is an oral proficiency testing system designed to accurately
measure the active oral communicative ability of your employees or applicants in a professional
setting. Our raters are native —fluent in their test language and trained to lead a Berlitz Test of
Speaking Skills in a professional and pleasant manner.
Through a series of questions, prompts, and tasks set in a general professional context, the Berlitz
Rater elicits oral language production from the examinee. It is measured in the areas of fluency,
grammatical accuracy, lexical range, and phonological control. The results are based on the
Common European Framework -one of the most widely used and recognized language proficiency
scales in the world -and easily interpreted to determine employee or applicant language
qualification.
Berlitz Test of Writing Skills & Reading Comprehension
Typical tasks for a test of writing skills include:
o Writing a response in the target language to an e-mail also written in the target language
which is consistent to its tone and format
o Writing a short essay in the target language about a non -technical topic set in a general
professional/service-oriented context
o Results are based on the Common European Framework
Typical tasks for a test of reading comprehension skills include:
o Reading a passage in the target language and responding orally to questions about it
o Reading a passage in the target language and answering multiple choice questions about
it.
o Results are presented as a percentage from a scale of 0%-100%
Berlitz Bi-Lingual Law Enforcement Assessment
The Berlitz Bi-Lingual Law Enforcement Assessment presents a series of role play situations
where the examinee is asked to carry out typical job tasks in the target language. The assessment
is scored on a rating scale of 1-6.
Typical tasks for a bi-lingual law enforcement assessment includes:
o Read/Read out a notice/warning (e.g. Miranda Rights) in foreign language and explain it
in foreign language or English
o Role play situations such as:
-Comprehend description of a crime spoken in the foreign language
-Ask clarifying questions in the foreign language and make a summary in English
-Read out a notice/warning in English and explain it in the foreign language
-Read a written note (e.g. suicide note/letter) in the foreign language and explain it in
English
RECEIVED
JUN 2 7 21112
CITY CLEWS OFFICSTAFF REPORT
VERNON POLICE DEPARTMENT
DATE: June 21, 2012
TO: Honorable Mayor Pro -Tempe and City Council
FROM: Daniel Calleros, Interim Chief of Police DC-�
RE: Language Proficiency Assessment Service Agreement
Purpose
RECEIVED
JUN 2 1 2012
CITY ADMINISTRATION
The purpose of this report is to obtain approval from City Council for the execution of an
agreement with Berlitz Languages Inc., for Spanish language proficiency examinations.
Summary
Since the implementation of the City Bilingual Pay program, the Police Department (PD)
has coordinated the City Spanish proficiency examination process with both the Los
Angeles County Examinations Unit and California State University Fullerton (CSUF).
The LA County examinations unit was used primarily to conduct the City bilingual
examination process. However, when LA County was not available, the PD used the
services from CSUF. Recently, the PD learned that LA County examinations unit is no
longer offering this service to the region due to budget constraints. We pursued
examination services with CSUF, but the testing requirements is set at a 12-student
minimum.
Because of the testing limitations with CSUF, PD staff researched other Spanish
proficiency examination centers used by local law enforcement agencies. A number of
law enforcement agencies highly recommended Berlitz Languages Inc. due to the
proficient testing process and cost-effective pricing. Berlitz examinations are also
developed in the same format as LA County examinations.
The Berlitz Language Proficiency assessment is designed to allow entities to proctor the
reading and writing skills assessment. This process eliminates the need for staff to
travel to and from the testing center. The speaking skills assessment is conducted over
the telephone with a Berlitz examiner.
The fee schedule for the Berlitz Spanish proficiency assessment process is as follows:
Berlitz Test of Speaking Skills: $75.00 per test
Berlitz Test of Speaking, Reading Comprehension, and Writing Skills: $135.00
per test
Berlitz Bi-Lingual Law Enforcement Assessment: $75.00 per test
The examination process is as follows:
Berlitz Test of Speaking Skills: The speaking skill is a guided, 20-minute
conversation over the telephone. It comprises test items to elicit responses that
involve general language usage in formal and professional contexts. The final
score is a proficiency level that describes the examinee's performance in several
areas of oral proficiency.
2. Berlitz Test of Reading Comprehension: The reading comprehension is a 30-
minute assessment, that involves reading a passage in the target language and
either responding orally or answering paper -based multiple choice questions
about it.
3. Berlitz Writing Skills: The writing skill is a paper -based, 45-minute assessment
that involves writing in the target language.
4. Berlitz Bi-Lingual Law Enforcement Assessment is a guided, 15-minute add -on to
the Berlitz Test of Speaking Skills. A series of role-play situations are presented
where the examinee is asked to carry out typical job tasks in the target language.
If approved, the Director of Personnel will coordinate the, examination process with
Berlitz Languages as needed for employees eligible to participate in the bilingual
program.
Recommendation
Staff recommends City Council approve the agreement with Berlitz Languages Inc., to
allow eligible City staff to participate in the City Bilingual Pay program.
Legal Review
The Chief Deputy City Attorney's Office has approved the agreement.
Fiscal Impact
As outlined the examination fee with Berlitz Languages will range from $75.00 to
$135.00 per employee. This fee is less than the services provided by CSUF which his
set at $150.00 per employee. Most eligible City employees have already completed the
testing process with the LA County Examination Unit and/or CSUF. The use of Berlitz
Language services will only be needed for new employees should they meet the
requirements for participation in the City Bilingual Pay program. Funds for this potential
expense have been budgeted through the Personnel Department.
Attachments
• Berlitz Languages agreement
• Memo from the Chief Deputy City Attorney's Office
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: April 5, 2012
TO: Daniel Calleros, Interim Chief of Police
FROM: Willard G. Yamaguchi, Interim City Attorney 16
RE: Berlitz Languages, Inc. "
I have received and reviewed the Language Proficiency Assessment
Services Agreement for bilingual testing.
The Agreement is approved as to form.
WY:em
Enclosures