17622 Somali Language Contract - Signed.pdf

STATEWIDE CONTRACT

NO. 17622

SPOKEN LANGUAGE INTERPRETER SERVICES, COURT CREDENTIALED

(CERTIFIED OR REGISTERED)

For Use by Eligible Purchasers

By and Between

STATE OF WASHINGTON

DEPARTMENT OF ENTERPRISE SERVICES

and

SOMALI LANGUAGE INTERPRETING & TRANSLATION

Dated June 29, 2023

Awarded Modalities: IPI, OPI, and VRI Awarded Region: Northwest

STATEWIDE CONTRACT NO. 17622 – SPOKEN LANGUAGE INTERPRETER SERVICES COURT CREDENTIALED (CERTIFIED OR REGISTERED)

(Rev. 2022-08-02)

STATEWIDE CONTRACT

NO. 17622

SPOKEN LANGUAGE INTERPRETER SERVICES, COURT CREDENTIALED

(CERTIFIED OR REGISTERED)

This Contract is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“Enterprise Services”) and Liban Mahamed DBA Somali Language Interpreting and Translation, a Limited Liability Company (“Contractor”) and is dated and effective as of July 3, 2023.

R E C I T A L S

A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of Washington, is authorized to develop, solicit, and establish contracts for services to support Washington state agencies. See RCW 39.26.050(1). The Washington State Legislature also has authorized Enterprise Services to make these contracts available, pursuant to an agreement in which Enterprise Services ensures full cost recovery, to other local or federal government agencies or entities, public benefit nonprofit organizations, and any tribes located in the State of Washington. See RCW 39.26.050(1) & (2).

B. On behalf of the State of Washington, Enterprise Services, as part of a competitive governmental procurement, issued Competitive Solicitation No. 17622 dated July 28, 2022.

C. Enterprise Services evaluated all responses to the Competitive Solicitation and identified Contractor as an apparent successful bidder for the Northwest Region.

D. Enterprise Services has determined that entering into this Contract will meet the identified needs and be in the best interest of the State of Washington.

E. The purpose of this Contract is to enable eligible purchasers to purchase the Services as set forth herein.

A G R E E M E N T

NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto hereby agree as follows:

1. TERM. The term of this Contract is Twenty Four (24) months, commencing July 1, 2023 and ending June 30, 2025; Provided, however, that if Contractor is not in default and if, by June 30, 2024, in Enterprise Services’ reasonable judgment, Contractor satisfactorily has met the performance-based goals for contract extension, Enterprise Services shall extend the term of this Contract, by written amendment, for up to forty-eight (48) additional months. Such extension amendment shall be on the same terms and conditions as set forth in this Contract. To earn the performance-based Contract term extension, Contractor must meet all requirements and expectations of this contract without fail.

2. ELIGIBLE PURCHASERS. This Contract may be utilized by any of the following types of entities (each an eligible “Purchaser”):

STATEWIDE CONTRACT NO. 17622 – SPOKEN LANGUAGE INTERPRETER SERVICES COURT CREDENTIALED (CERTIFIED OR REGISTERED)

(Rev. 2022-08-02)

2.1. WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions, boards, and commissions.

2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following institutions of higher education in Washington:

State universities – i.e., University of Washington & Washington State University;

Regional universities – i.e., Central Washington University, Eastern Washington University, & Western Washington University

Evergreen State College;

Community colleges; and

Technical colleges.

2.3. CONTRACT USAGE AGREEMENT PARTIES. Any of the following types of entities that have executed a Contract Usage Agreement with Enterprise Services:

Political subdivisions (e.g., counties, cities, school districts, public utility districts) in the State of Washington;

Federal governmental agencies or entities;

Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and

Federally-recognized Indian Tribes located in the State of Washington.

3. SCOPE – INCLUDED SERVICES AND PRICE.

3.1. CONTRACT SCOPE. Pursuant to this Contract, Contractor is authorized to sell and provide only those services set forth in Exhibit A – Included Services for the prices set forth in Exhibit B 1 – Prices. Contractor shall not represent to any Purchaser under this Contract that Contractor has contractual authority to sell or provide any services beyond those set forth in Exhibit A – Included Services.

(a) Goods. For purposes of this Contract, “Goods” means all equipment, materials, supplies, ancillary parts, accessories, components and other items purchased by Purchaser pursuant to this Contract and as identified in the Purchase Order.

(b) Services. For purposes of this Contract, “Services” means all services of any nature ordered by Purchaser pursuant to this Contract and as identified in the Purchase Order.

(c) Specifications. Where applicable, specifications for Services are detailed in this Contract and the Purchase Order. Unless otherwise specified in the Purchase Order, all Services provided shall be new and unused of the latest model or design.

3.2. STATE’S ABILITY TO MODIFY SCOPE OF CONTRACT. Subject to mutual agreement between the parties, Enterprise Services reserves the right to modify the Services included in this Contract;

Provided, however, that any such modification shall be effective only upon thirty (30) calendar days advance written notice; and provided further, that any such modification must be within the scope of the Competitive Solicitation for this Contract.

STATEWIDE CONTRACT NO. 17622 – SPOKEN LANGUAGE INTERPRETER SERVICES COURT CREDENTIALED (CERTIFIED OR REGISTERED)

(Rev. 2022-08-02)

3.3. ECONOMIC ADJUSTMENT. Beginning twelve (12) months after the effective date of this Statewide Contract and for every annual anniversary thereafter, the prices set forth in Exhibit B 1 – Prices shall be adjusted, based upon the percent changes (whether up or down) in the United States Department of Labor, Bureau of Labor and Statistics (BLS) indices described below, for the most recent year. Economic adjustment will lag one (1) calendar quarter past the Contract commencement date to allow for publication of BLS data. All calculations for the index shall be based upon the latest version of data published as of one year of the effective date each year. Prices shall be adjusted on January 1st. If an index is recoded (i.e., the recoded index is a direct substitute for the prior index according to the BLS), this Statewide Contract will use the recoded index, as applicable. If an index becomes unavailable, Enterprise Services shall substitute a proxy index. If there is not a direct substitute, the next higher aggregate index available will be used. The economic adjustment shall be calculated as follows:

New Price = Old Price x (Current Period Index/Base Period Index).

3.4. PRICE CEILING. Although Contractor may offer lower prices to Purchasers, during the term of this Contract, Contractor guarantees to provide the Services at no greater than the prices set forth in Exhibit B 1 – Prices (subject to economic adjustment as set forth herein).

3.5. CONTRACT INFORMATION. Enterprise Services shall maintain and provide to eligible Purchasers information regarding this Contract, including scope, pricing, and lowest responsive, responsible bidder designation. In addition, Enterprise Services identifies awarded contractors who qualify as Washington Small Businesses, Certified Veteran-Owned Businesses, or that, pursuant to the Contract provide Services that meet specified state procurement priorities as set forth in the Competitive Solicitation.

4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following representations and warranties as of the effective date of this Contract and at the time any order is placed pursuant to this Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach.

4.1. QUALIFIED TO DO BUSINESS. Contractor represents and warrants that Contractor is (a) in good standing; (b) qualified to do business in the State of Washington; and (c) registered with the Washington State Department of Revenue and the Washington Secretary of State.

4.2. TAXES. Contractor represents and warrants that Contractor is current, in full compliance, and has paid all applicable taxes owed to the State of Washington.

4.3. LICENSES; CERTIFICATIONS; AUTHORIZATIONS; & APPROVALS. Contractor represents and warrants that Contractor possesses and shall keep current during the term of this Contract all required licenses, certifications, permits, authorizations, and approvals necessary for Contractor’s proper performance of this Contract.

4.4. SUSPENSION & DEBARMENT. Contractor represents and warrants as previously certified in Contractor’s Bidder’s Certification, that neither Contractor nor its principals or affiliates presently are nor have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any governmental contract by any governmental department or agency within the United States.

4.5. WAGE VIOLATIONS. Contractor represents and warrants as previously certified in Contractor’s Bidder’s Certification, that during the term of this Contract and the three (3) year period

STATEWIDE CONTRACT NO. 17622 – SPOKEN LANGUAGE INTERPRETER SERVICES COURT CREDENTIALED (CERTIFIED OR REGISTERED)

(Rev. 2022-08-02) immediately preceding the award of the Contract, Contractor has not been determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW 49.46, 49.48, or 49.52.

4.6. CIVIL RIGHTS. Contractor represents and warrants that Contractor complies with all applicable requirements regarding civil rights. Such requirements prohibit discrimination against individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin.

4.7. EXECUTIVE ORDER 18-03 – WORKERS’ RIGHTS. Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. Contractor further represents and warrants that, during the term of this Contract, Contractor shall not, as a condition of employment, require its employees to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

4.8. WASHINGTON SMALL BUSINESS. Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor qualifies as a Washington Small Business as defined and set forth in Contractor’s Bidder’s Certification.

4.9. CERTIFIED VETERAN-OWNED BUSINESS. Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor qualifies as a Certified Veteran-Owned Business as defined and set forth in Contractor’s Bidder’s Certification.

4.10. PUBLIC CONTRACTS AND PROCUREMENT FRAUD. Contractor represents and warrants that, within the three (3) year period prior to this Contract, neither Contractor nor its principals or affiliates: (a) have been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, local, or tribal) contract or purchase order under a public contract; (b) have been in violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) have been indicted for or otherwise criminally or civilly charged by a government entity (federal, state, local, or tribal) with commission of any of the offense enumerated in subsection (b) of this provision; or (d) had one or more public contracts (federal, state, local, or tribal) terminated for cause or default.

4.11. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that Contractor complies fully with all applicable procurement ethics restrictions including, but not limited to, restrictions against Contractor providing gifts or anything of economic value, directly or indirectly, to Enterprise Services and Purchasers’ employees.

4.12. WASHINGTON’S ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that Contractor is registered in Washington’s Electronic Business Solution (WEBS), Washington’s contract registration system and that, all of Contractor’s information therein is current and accurate and that throughout the term of this Contract, Contractor shall maintain an accurate profile in WEBS.

STATEWIDE CONTRACT NO. 17622 – SPOKEN LANGUAGE INTERPRETER SERVICES COURT CREDENTIALED (CERTIFIED OR REGISTERED)

(Rev. 2022-08-02)

4.13. WASHINGTON’S STATEWIDE PAYEE DESK. Contractor represents and warrants that Contractor is registered with Washington’s Statewide Payee Desk, which registration is a condition to payment.

4.14. CONTRACT PROMOTION; ADVERTISING AND ENDORSEMENT. Contractor represents and warrants that Contractor shall use commercially reasonable efforts both to promote and market the use of this Contract with eligible Purchasers and to ensure that those entities that utilize this Contract are eligible Purchasers. Contractor understands and acknowledges that neither Enterprise Services nor Purchasers are endorsing Contractor’s Services or suggesting that such Services are the best or only solution to their needs. Accordingly, Contractor further represents and warrants that Contractor shall make no reference to Enterprise Services, any Purchaser, or the State of Washington in any promotional material without the prior written consent of Enterprise Services.

4.15. CONTINGENT FEES. Contractor represents and warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established agents as defined in the Federal Acquisition Regulations.

4.16. FINANCIALLY SOLVENT. Contractor represents and warrants that Contractor has not commenced bankruptcy proceedings and that there are no judgment, liens, or encumbrances of any kind affecting title to any Goods or Services that are the subject of this Contract.

4.17. OPERATIONAL CAPABILITY. Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor has the operational and financial capability to perform the Contract.

4.18. CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Contract or a similar contract, is transitioned to another contractor (e.g., Contract expiration or termination), Contractor shall use commercially reasonable efforts to assist Enterprise Services (including the Purchasers hereunder) for a period of sixty (60) calendar days to effectuate a smooth transition to another contractor to minimize disruption of service and/or costs to the State of Washington and such Purchasers; Provided, however, that, if costs are incurred, Contractor shall be compensated for such costs consistent with the terms and conditions pertaining to this Contract for the sixty (60) day period immediately before such transition.

STATEWIDE CONTRACT NO. 17622 – SPOKEN LANGUAGE INTERPRETER SERVICES COURT CREDENTIALED (CERTIFIED OR REGISTERED)

(Rev. 2022-08-02)

5. USING THE STATEWIDE CONTRACT – PURCHASES.

5.1. ORDERING REQUIREMENTS. Eligible Purchasers shall order Services from this Contract, consistent with the terms hereof and by using any ordering mechanism agreeable both to Contractor and Purchaser but including, at a minimum, a purchase order. When practicable, Contractor and Purchaser also shall use telephone orders, email orders, web-based orders, and similar procurement methods (collectively “Purchaser Order”). All Purchase Orders must reference the Contract number. The terms of this Contract shall apply to any Purchase Order and, in the event of any conflict, the terms of this Contract shall prevail. Notwithstanding any provision to the contrary, in no event shall any ‘click-agreement,’ software or web-based application terms and conditions, or any other agreement modify the terms and conditions of this Contract.

5.2. RECEIPT AND INSPECTION OF SERVICES. Services purchased under this Contract are subject to Purchaser’s reasonable inspection, testing, and approval at Purchaser’s destination.

Purchaser reserves the right to reject and refuse acceptance of Services that are not in accordance with this Contract and Purchaser’s Purchase Order. If there are any apparent defects in the Services at the time of delivery, Purchaser promptly will notify Contractor. At Purchaser’s option, and without limiting any other rights, Purchaser may require Contractor to repair or replace, at Contractor’s expense, any or all of the damaged Services or, at Purchaser’s option, Purchaser may note any such damage on the receiving report, decline acceptance, and deduct the cost of rejected Services from final payment. Payment for any Services under such Purchase Order shall not be deemed acceptance.

5.3. CUSTOMER SERVICE. It is expected that your company must provide customer service during normal business hours (8:00am – 5:00pm) with access to your company via email and phone during these hours. It is expected that any phone message or email will be responded to within twenty-four (24) hours.

5.4. DELIVERY REQUIREMENTS. Contractor must ensure that delivery of services will be made as required by this Contract, the Purchase Order used by Purchasers, or as otherwise mutually agreed in writing between the Purchaser and Contractor.

5.5. SYSTEM FUNCTIONALITY REQUIREMENTS. Contractor shall meet the following system functionality requirements:

a) The Services shall conform in all material respects to the specifications, functions, descriptions, standards, and requirements set forth in this Contract, Exhibit A – Performance Requirements.

b) Contractor shall ensure that equipment functions to support contract performance requirements. Contractor shall ensure the Services provided through this Contract stay consistent with the latest technology and advancements in the industry throughout the life of the contract. Additional hardware or software shall not be required to access the services through this contract, unless requested by the Purchaser.

c) Should there be any updates (new systems or updates to current systems) to the Contractor’s internal or external systems, Contractor shall ensure that the systems retains the settings pertaining to this contract through implementation, transition and steady state.

Contractor shall ensure that services are not interrupted during system updates. Prior to system updates, Contractor shall conduct outreach to the Purchasers to provide timeline, STATEWIDE CONTRACT NO. 17622 – SPOKEN LANGUAGE INTERPRETER SERVICES COURT CREDENTIALED (CERTIFIED OR REGISTERED)

(Rev. 2022-08-02) customer service support, and confirm to each Purchaser that Contractor has retained all the original settings.

d) Contractor is in the business of providing the Services and it has the expertise to perform the Services in a competent and professional manner, and in accordance with the highest professional standards.

5.6. SECURITY: Contractor has an information security program to maintain physical, technical, administrative, and organizational safeguards that comply with: (a) applicable industry standards and guidelines; and (b) Washington State Office of Chief Information Officer (OCIO) Policy 141.10 – Securing Information Technology Assets Standards located at Securing Information Technology Assets | OCIO (wa.gov).

(a) Contractor will use its best efforts to ensure that no computer viruses, malware, or similar items (collectively, a “Virus”) are introduced into Purchasers’ computing and network environment by the Services, and that, where it transfers a Virus to Purchasers through the Services, it shall reimburse Purchasers for the actual costs incurred by Purchasers to remove or recover from the Virus.

5.7. QUALITY ASSURANCE PLAN. Contractor shall proactively employ a Quality Assurance Plan (QAP) that employs a method for monitoring, tracking and assessing the quality of services provided under the Contract. The QAP must also describe how the Contractor will identify and resolve issues related to interpreter quality and/or performance, as well as Purchaser initiated concerns and/or complaints.

5.8. PURCHASER SPECIFIC REQUIREMENTS. Contractor shall work with Purchaser to adopt Purchaser specific requirements within scope of this contract. Contractor must be able to configure individual Purchaser account settings, including but not limited to account payment terms, data security, and invoicing frequency.

5.9. SAFEGUARDING CONFIDENTIAL DATA. Contractor shall use commercially reasonable efforts to safeguard data exchanged while servicing this Contract.

(a) Confidential Data / Information (“Data”) shall include: (a) Purchaser’s data collected, used, processed, stored, or generate as the result of the use of the Services; (b) personally identifiable information (“PII”) collected, used, processed, stored, or generated as the result of the use of the Services, including without limitation, any information that identifies an individual, such as an individual’s social security number or other government issued identification number, date of birth, address, telephone number, biometric data, mother’s maiden name, email address, credit card information, or an individual’s name in combination with any other of the elements listed herein; and (c) protected health information (PHI) created, received, maintained or transmitted regarding the Client, including the past, present, or future physical or mental health or conditions of client, or the past, present, or future payment for provision of health care to Client, demographic information that identifies the client or about which there is reasonable basis to believe can be used to identify the individual, information transmitted or held in any form or medium and includes Electronic Protected Health Information. Contractor shall not use or disclose any data concerning the Purchaser, the Client or Enterprise Service, or information which may be classified

STATEWIDE CONTRACT NO. 17622 – SPOKEN LANGUAGE INTERPRETER SERVICES COURT CREDENTIALED (CERTIFIED OR REGISTERED)

(Rev. 2022-08-02) as confidential, for any purpose not directly related to administer this Contract, except with prior written consent of Enterprise Services, or as may be required by law.

(b) Documents and Paper Management. Safeguard or shred any paper or documents containing Purchaser Data.

(c) Contractor shall not use, publish, transfer, sell or otherwise disclose any Data gained by reason of this Contract for any purpose that is not directly connected with Contractor’s performance of the Services contemplated hereunder, except as provided by law; or, in the case of PII and PHI, with the prior written consent of the person or personal representative of the person who is the subject of the PII or PHI.

(d) Contractor shall protect and maintain all Data gained by reason of this Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the Contractor to employ commercially reasonable security measures to limiting or restricting access by, including but not limited to, the following means:

(1) Allowing only the staff who have an authorized business requirement to view the Confidential Information.

(2) Securing any computers, documents, or other physical media containing Confidential Information.

(3) Ensuring the security of Confidential Information transmitted via fax (facsimile) by:

Verifying the recipient phone number to prevent accidental transmittal of Confidential Information to unauthorized persons.

Communicating with the intended recipient before transmission to ensure that the fax will be received only by an authorized person.

Verifying post transmittal that the fax was received by the intended recipient.

(4) When transporting records containing Confidential Information, outside a Secured Area, follow at least one or more of the following security procedures:

Encrypt all Confidential Information Additional requirements by the Purchaser

(5) Contractor shall return Data to Purchaser or, at Purchaser’s direction, destroy the Data employing secure methods and in accordance with NIST standards. If requested, Contractor shall certify in writing that secure measures were employed when destroying Data. Purchaser may require additional confirmation or alternate methods for destructing materials.

(6) The compromise or potential compromise of Data must be reported to Purchaser Contact(s) immediately upon discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements as required by Purchaser, or by law.

(7) Contractor shall not record calls. Should a call get inadvertently recorded, the recording shall be destroyed immediately and Contractor shall notify Purchaser of the accidental recording and its destruction. Should

STATEWIDE CONTRACT NO. 17622 – SPOKEN LANGUAGE INTERPRETER SERVICES COURT CREDENTIALED (CERTIFIED OR REGISTERED)

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Contractor conduct system updates, Contractor shall ensure that calls are not recorded.

5.10. HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT (HIPAA). Contractor, interpreters, and any individuals who have access to client information shall do so in compliance with the Health Information Portability and Accountability Act (HIPAA). Contractor must ensure compliance with the HIPPA Privacy Rule (45 CFR § 160, 164) and the HIPAA Security Rule (45

CFR § 160, 164).

5.11. HEALTH INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT (HITECH ACT).

Contractor shall ensure HITECH compliance where electronic health records technology is used or employed.

5.12. DATA ENCRYPTION. Contractor shall ensure security by installing firewalls and anti-virus software on computers, ensure operating systems are updated, encrypt information and email exchanges, safeguard any information stored in computers before disposing. All Data transfer must be encrypted using 256 bit (or higher) TLS 1.2 (or higher) for HTTP traffic and SSH version 2 for any batch or real-time non-http transfers. SSL certificates must be SHA 2 and signed by a trusted third party; no self-signed certificates. Data shall be encrypted when at rest in vendor storage. Decryption of data at rest must be under control of the application and not a storage platform. All Data must be stored and transmitted in the contiguous United States of America only. No offshore data transmission (e.g. for support services) or storage (e.g. hosted site or backup, disaster recovery).

5.13. ACCESSIBILITY. Contractor shall comply with all applicable law and regulations, including, but not limited to, Section 504 of the Rehabilitation Act of 1964, Americans with Disabilities Act of 1990 (ADA), Title VI of the Civil Rights Act of 1964, Section 1557 of the Affordable Care Act, OCIO Policy 188 – Accessibility located at http://ocio.wa.gov/policy/accessibility, and other nondiscrimination laws and regulations. Contractor shall ensure that all users with disabilities are provided communication that is as equally effective as communication with others.

Contractor shall provide effective real-time communication with individuals using auxiliary aids and services, including TTYs and all forms of FCC-approved telecommunications relay system, including Internet-based relay systems. Contractor shall respond to telephone calls from a telecommunications relay service established under title IV of the ADA in the same manner that it responds to other telephone calls. Contractor shall ensure interpreters receive the training necessary to be in compliance with all applicable federal, state, and local laws and regulations.

5.14. DISASTER PREPAREDNESS AND RECOVERY PLAN. Contractor shall have in place a disaster preparedness and recovery plan, or emergency management plan, that ensures, at a minimum:

(a) The ability to continue to schedule and provide interpreter services;

(b) Documentation of emergency procedures that include steps to take in the event of a natural disaster, such as a pandemic, weather event or terrorism; and

(c) Staff that are familiar and prepared to implement the plan.

5.15. QUALITY ASSURANCE PLAN. Contractor proactively shall employ a Quality Assurance Plan (QAP) that employs a method for monitoring, tracking, and assessing the quality of Services provided under this Contract. The QAP also must describe how Contractor will identify and

STATEWIDE CONTRACT NO. 17622 – SPOKEN LANGUAGE INTERPRETER SERVICES COURT CREDENTIALED (CERTIFIED OR REGISTERED)

(Rev. 2022-08-02) resolve issues related to interpreter quality and/or performance, as well as Purchaser initiated concerns and/or complaints.

6. KEY PERFORMANCE INDICATORS. Contractor shall meet the Key Performance Indicators (KPI) outlined below to stay in compliance with the Contract and to be considered for an additional Contract extension. Each KPI contains an associated metric, should Contractor fail to meet the identified KPI metric, Contractor shall enter into a Performance Improvement Plan (PIP). Should Contractor fall out of compliance, Enterprise Services shall summarize the issue in a letter and send this letter to Contractor and escalate within Contractor’s organization. Enterprise Services shall place Contractor on a PIP plan, which outlines the corrective actions required by Contractor. Should the PIP fail, then Contractor shall progress to cure, suspension and termination procedures as set forth in this Contract.

# KPI REQUIREMENT METRIC

1 IN-PERSON

INTERPRETER SERVICES

Contractor must ensure quarterly 95% Appointment Fill Rate (Appointments scheduled and completed by Interpreter as requested, this excludes cancellations by Purchaser) for in-person interpreter service requests. Contractor must maintain a list of interpreter requests and whether they were filled and submit this list to DES quarterly. Results of the tracking shall be sent quarterly to DESLanguageAccess@des.wa.gov

2 TRACKING INTERPRETER

CANCELLATIONS AND

NO-SHOWS

Contractor must track all interpreter no-shows and cancellations within 24 hours of an appointment and submit a quarterly report detailing what percentage of interpreter assignments resulted in a no-show or cancellation within 24 hours. Contractor shall also keep a record of the names of interpreters who no-show an assignment and submit that list quarterly. Results of the tracking shall be sent quarterly to DESLanguageAccess@des.wa.gov

3 QUARTERLY CUSTOMER

SERVICE FEEDBACK AND

SUMMARY

Contractor must prepare a customer satisfaction survey and provide purchasers the option to complete the survey after an interpreting assignment has been completed. The survey shall at minimum ask the purchaser how satisfied they were (on a 1-5 scale) with various aspects of the interpreting assignment like timeliness of interpreter, accuracy of the interpretation, friendliness/professionalism of the interpreter, etc. Results of the survey shall be sent quarterly to DESLanguageAccess@des.wa.gov

4 OPI CALL VOLUME.

The Contractor shall actively monitor call volumes for peak times and surge times and ensure interpreters are available to meet the volume demand.

Contractor must monitor and ensure they meet the call volume demand at a ratio of 95% over two (2) quarters.

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# KPI REQUIREMENT METRIC

5 OPI DROPPED CALLS:

Contractor must use commercially reasonable efforts to complete each call with a single interpreter, unless otherwise requested by Purchaser. Should the call get dropped, the interpreter must be able to call the Purchaser back to complete the call.

Should the call get dropped, the interpreter must be able to call the Purchaser back to complete the call. Contractor shall track dropped calls, the dropped call average shall not reach 5% per quarter.

6 PRE-SCHEDULED

INTERPRETER CALLS.

Interpreters must take the scheduled OPI and VRI calls.

Interpreter must be available at the time of the scheduled both OPI and VRI calls, and interpreter must be available for the entire scheduled call.

7 SERVICE ISSUES:

Service issues are interpreter or interpretation related issues.

Contractor must provide a written response to Purchaser’s questions within two (2) business days of receiving a complaint.

Contractor must provide full resolution within five (5) business of receiving complaint. If Contractor is not able to resolve issues in five

(5) business days, Contractor shall submit a response on day five (5) with progress update and the plan to resolve the issue. The Contractor shall resolve issue in three (3) months to resolve; should it take more than three (3) months or less.

8 TECHNICAL ISSUES:

Technical issues are issues related to the Contractor OPI phone line or VRI application or other related system that prevents business as usual for the Purchaser.

Phone line or video application or issues must be addressed in less than 24 hours. A formal written response of issues and resolution must be outlined and provided to the Purchaser and Enterprise Services within two (2) calendar days from initial contact. The Statewide Contractor shall provide full resolution in five (5) calendar days or less.

9 ALL OTHER ISSUES: All other issues are issues not related to service or technical issues.

Contractor must resolve or acknowledge receipt of issue in less than 24 hour. All issues must be resolved in three (3) months or less.

Contractor must put forth commercially reasonable efforts to resolve issues marked as urgent, as quickly as possible.

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7. CONTRACTOR’S UTILIZATION OF INTERPRETERS FOR INTERPRETER SERVICES. Contractor shall provide Interpreter Services through Interpreters.

7.1. INTERPRETER POOL. Contractor shall manage and maintain a list of Interpreters qualified to perform Interpreter Services as required by this Contract.

7.2. INTERPRETER VETTING. Contractor shall screen, vet, verify (qualifications, certifications, experience, and references), and conduct background checks on interpreters before allowing them to take Appointments through this Contract. Further, Contractor shall ensure compliance with agency specific requirements, etc. per the requirements of this Contract or better.

7.3. INTERPRETER ON-BOARDING. Contractor shall on-board Interpreters who will provide services under this Contract. On-boarding shall include but is not limited to, how to cooperate and work with Contractor and Purchaser, and understanding the Contract terms and conditions that impact the Interpreters.

7.4. INTERPRETER QUALIFICATIONS. Contractor shall provide Interpreters with the required certification or registration with the Washington State Administrative Office of the Courts (AOC).

7.5. INTERPRETER MANAGEMENT.

(a) Contractor must possess a current signed and dated Confidentiality Statement from each interpreter, either employed or contracted, prior to the interpreter providing Service under this Contract.

(b) Contractor shall not bill interpreters for the administrative services except as specified in this Contract.

7.6. BACKGROUND CHECKS AND SECURITY. Contractor shall perform criminal history background checks on each Interpreter prior to their first instance of providing services, and annually thereafter.

The initial background check requirement may be waived if the Interpreter has had a criminal history background check performed within one (1) year prior to providing services under this Contract. Contractor must have on file annual background checks for the Interpreters. The cost to conduct the background check will be borne by the contractors, and cannot be invoiced as a separate item therefore it must be included in hourly rates. Contractor shall not allow Interpreters without background checks to be scheduled for Interpreter Services. The background check performed by the Washington State Patrol is the minimum standard.

Washington State Patrol criminal history background checks are valid for one (1) year from date of issue. Contractor shall provide each Interpreter’s background check results upon request by Enterprise Services or Purchaser. Should Contractor gain knowledge of any changes in criminal history of an Interpreter, Contractor shall immediately notify Purchasers that have pending Appointments with that Interpreter. If Contractor determines an Interpreter fails the background check or if there is an indication from the background check results that the Interpreter may pose a risk to Clients (refer to the DSHS Secretary’s lists of Crimes and Negative Actions), Contractor is to immediately prohibit any Interpreter from providing services under this Contract. Contractor shall also comply with any additional agency background check requirements in addition to this section.

7.7. INTERPRETER LOCATION. Contractor shall ensure the following:

STATEWIDE CONTRACT NO. 17622 – SPOKEN LANGUAGE INTERPRETER SERVICES COURT CREDENTIALED (CERTIFIED OR REGISTERED)

(Rev. 2022-08-02)

(a) IN-PERSON. The Interpreter scheduled shall appear in person for in-person Interpreter services. Interpreter shall be in business casual attire or attire as specified by the Purchaser in advance. Interpreter shall perform where Purchaser needs interpreting services to communicate with their clients.

(b) VIDEO-REMOTE (VRI) AND OVER-THE-PHONE (OPI). The Interpreter shall perform services from a home-based office or office location only, unless approved by Purchaser in writing. Interpreter shall conduct VRI services with plain backdrop and shall not have any distractions in the background. Interpreter may not conduct interpreting session while commuting or out in public.

Contractor shall ensure the remote office locations used for interpreter services, home based, or office based, are appropriately designed to meet the requirements specified in this Contract. At a minimum, a remote office location shall ensure that interpreter services are provided in a secure, private, and confidential manner that satisfies HIPAA requirements.

Further, the remote office location shall emit little to no noise or other background distractions while providing OPI or VRI services. Contractor shall also provide remote spoken language interpreting policy, training, and onboarding, for Interpreters.

7.8. INTERPRETER CONDUCT REQUIREMENTS. Contractor shall ensure Interpreters comply to, at minimum:

(a) AN INTERPRETER CODE OF ETHICS. The DSHS Interpreter Code of Ethics (WAC 388-03-

050) or the ATA Interpreter Code of Ethics are acceptable.

(b) INTERPRET IN THE FIRST PERSON. Interpreter shall interpret as if they are the client or the Purchaser.

(c) PROFESSIONAL EXPECTATIONS. Interpreters shall conduct themselves in the utmost courteous and professional manner when interpreting or conversing with Purchaser and/or clients. In addition to the certification or qualifications requirements, Interpreter shall also have attained the following skills through verifiable credentials or experience:

(1) Interpreters shall respect cultural, political, socio-economic, and any differences between Interpreters, Purchaser, and clients.

(2) Interpreters shall not have any additional or side conversations with clients, unless directed otherwise by Purchaser.

(3) Interpreters shall refrain from entering into any disagreement with Purchaser and/or clients while providing Interpreter services.

(4) Interpreters shall remain neutral, and shall not interpret conversations in a manner that will direct a certain result or convey Interpreter advice, position or opinion, unless prompted by Purchaser with additional instructions.

(5) In addition to the certification or qualification requirements, Interpreter also shall have attained the following skills through verifiable credentials or experience:

Customer service and professionalism, Cultural sensitivity and awareness, Safeguarding client information as required through federal and state law, as well as Purchaser policies when identified and requested:

STATEWIDE CONTRACT NO. 17622 – SPOKEN LANGUAGE INTERPRETER SERVICES COURT CREDENTIALED (CERTIFIED OR REGISTERED)

(Rev. 2022-08-02) o Protected Health Information (PHI) o Personally Identifiable Information (PII) o Health Insurance Portability and Accountability Act

(HIPAA), and Where applicable or requested by Purchaser, topic specific expertise - i.e., standard medical, specialized medical, court or legal, social service, corrections, and workers’ compensation.

7.9. INTERPRET ACCURATELY. Contractor shall ensure the Interpreters interpret accurately. The Interpreter must relay the message in its entirety with the meaning preserved throughout the conversation. Interpreters shall not paraphrase, edit, or omit information which may change the meaning of the clients’ or Purchasers’ statements.

8. SAFETY; SECURITY. Contractor’s failure to comply with any of the requirements in this Section shall be cause for termination.

8.1. REGULATORY REQUIREMENTS/SAFETY. Services supplied by Contractor shall meet all OSHA and other safety-related federal, state, local, and/or tribal regulatory requirements applicable to the Services.

8.2. MATERIAL SAFETY DATA SHEETS. As applicable, Contractor shall provide Purchaser with all appropriate Material Safety Data Sheets (“MSDS”) at the time of delivery of each shipment of Goods which requires such compliance and/or and for materials used by Contractor while performing Services and any updates of the same.

8.3. CLEAN-UP. If Contractor, its agents, employees, or subcontractors perform onsite Services, Contractor, at its cost, will remove all excess materials, equipment, packaging, and garbage within the scope of its performance of Services and leave that portion of the premises in which the work was performed in a clean condition. Should Contractor fail to clean up a Site after completion of work, Purchaser will have the right to remove the materials and set off the cost of clean up against amounts owed to Contractor.

8.4. ACCIDENT AND INJURY REPORTING. If Contractor, its agents, employees, or subcontractors are present at Purchaser’s premises, Contractor promptly will report in writing all injuries, accidents, property damage, near-miss incidents, or any claims regarding damages or injury involving Contractor, its agents, employees, or subcontractors occurring at such premises.

Contractor agrees to cooperate and assist in any Purchaser investigation of incidents.

8.5. ON SITE REQUIREMENTS. While on Purchaser’s premises, Contractor, its agents, employees, or subcontractors shall comply, in all respects, with Purchaser’s physical, fire, access, safety, and other security requirements and not interfere with Purchaser’s operations. Contractor represents and warrants that Contractor, its agents, employees, or subcontractors who access Purchaser’s premises will be adequately trained and at all times comply with Purchaser’s requirements.

8.6. IT SECURITY POLICIES. Contractor, its agents, employees, or subcontractors shall comply with all Washington State IT security policies and standards which will be made available to Contractor upon request.

9. SUBCONTRACTORS.

STATEWIDE CONTRACT NO. 17622 – SPOKEN LANGUAGE INTERPRETER SERVICES COURT CREDENTIALED (CERTIFIED OR REGISTERED)

(Rev. 2022-08-02)

9.1. CONTRACTOR RESPONSIBILITY. Notwithstanding any provision to the contrary, in the event Contractor elects to utilize subcontractors to perform this Contract, Contractor shall:

(a) incorporate Contractor’s responsibilities under this Contract into its subcontracts; (b) be fully responsible for the performance of any such subcontractors (regardless of tier) and ensure that subcontractors comply with each and every Contractor obligation set forth in this Contract; (c) be the sole point of contact for Enterprise Services and any Purchasers regarding all contractual matters; (d) ensure that such subcontractors are registered in WEBS; and

(e) defend, indemnify, and hold Enterprise Services and Purchasers harmless in case of negligence, other tortious fault, or intentional misconduct by any such subcontractors (regardless of tier). Prior to utilizing any subcontractor to perform this Contract, Contractor shall provide written notice to Enterprise Services’ contract administrator. Such notice shall confirm that the subcontractor is registered in WEBS and provide the necessary information for Enterprise Services’ contract administrator to include such subcontractor(s) in Washington’s Purchasing Contract Management System (PCMS).

9.2. REPORTING. If Contractor is required to report to Purchaser and/or Enterprise Services, such report(s) will include subcontractor data, by subcontractor, for any data that Contractor is required to report as well as a consolidated ‘rollup’ report combining Contractor and subcontractor data.

9.3. SUBCONTRACTOR REPRESENTATIONS AND CERTIFICATIONS. Any Contractor representations or certifications set forth in this Contract shall apply to subcontractors (at any tier) and Contractor shall not utilize any subcontractors (at any tier) who cannot provide such representations or certifications, excepting the certification to be registered with Washington’s Statewide Payee Desk, unless Purchaser will pay such subcontractor directly.

10. INVOICING & PAYMENT.

10.1. CONTRACTOR INVOICE. Contractor shall submit electronically properly itemized invoices to Purchaser’s designated invoicing contact for Services delivered under this Contract. Such invoices shall itemize the following:

(a) Contract No. 17622;

(b) Contractor name, address, telephone number, and email address for billing issues (i.e., Contractor Customer Service Representative);

(c) Contractor’s Federal Tax Identification Number;

(d) Date(s) of delivery;

(e) Applicable Services;

(f) Invoice amount; and

(g) Payment terms, including any available prompt payment discounts.

(h) Proof and documentation of travel, toll, and mileage expenses

Contractor’s invoices for payment shall reflect accurate Contract prices. Invoices will not be processed for payment until receipt of a complete invoice as specified herein.

10.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchaser.

Purchaser’s obligation to pay invoices is subject to receipt of a timely and accurate invoice and conforming Services. Unless Contractor has provided a prompt payment discount set forth in Exhibit B 1 – Prices, Purchaser’s payment is due within thirty (30) calendar days of

STATEWIDE CONTRACT NO. 17622 – SPOKEN LANGUAGE INTERPRETER SERVICES COURT CREDENTIALED (CERTIFIED OR REGISTERED)

(Rev. 2022-08-02) invoice. Purchaser retains the right of setoff for any amount due or owing to Purchaser.

Purchaser may make payments electronically (e.g., ACH payments). Contractor shall provide information necessary to facilitate electronic payments. If Purchaser fails to make timely payment(s), Contractor may invoice Purchaser in the amount of one percent (1%) per month on the amount overdue or a minimum of $1. Payment will not be considered late if a check or warrant is mailed within the time specified.

10.3. OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty (30) calendar days of written notice to Contractor; Provided, however, that Purchaser shall have the right to elect to have either direct payments or written credit memos issued. If Contractor fails to make timely refunds of overpayment(s) (either directly or by credit memo), Contractor shall pay Purchaser interest at the rate of one percent (1%) per month on the amount overdue thirty

(30) calendar days after notice to Contractor.

10.4. ADVANCE PAYMENT PROHIBITED. Except as authorized by law, Contractor shall not request or receive advance payment for any Services furnished by Contractor pursuant to this Contract.

10.5. NO ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or impose any additional charges including, but not limited to, charges for shipping, handling, insurance, or payment processing.

10.6. MILEAGE/TRAVEL REIMBURSEMENT. Contractor shall be entitled to mileage, tolls, parking and/or travel (lodging, meals, and time) reimbursement for any mileage over 20 miles one way.

Reimbursement rates shall be based on the Washington State Office of Financial Management (OFM) per diem rates. Travel time is built into the initial appointment time and shall be reimbursed at the same rate as the assignment. When an Interpreter receives a request, the Interpreter shall indicate the time needed for them to do the assignment. Travel is not included in appointments that are longer than 7 hours in length.

10.7. TAXES/FEES.