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					Supreme Court of Vermont Office of the Court Administrator
109 State Street Montpelier, VT 05609-0701 (Phone) 802-828-3278 www.vermontjudiciary.org

SEALED BID REQUEST FOR PROPOSAL for the VERMONT JUDICIARY COURT INTERPRETER PROGRAM IMPLEMENTATION PROPOSAL (as of 3/26/09)
Important Date Summary (Note RFP Section 1.3 for Full Schedule): DATE POSTED March 20, 2009 QUESTIONS DUE April 3, 2009 PROPOSALS DUE April 17, 2009 PROPOSAL REVIEW TIMEFRAME April 22-27,2009 ANTICIPATED INTERVIEW TIMEFRAME May 7-8, 2009 SELECTION NOTIFICATION May 15, 2009 LOCATION OF BID OPENING: 111 State St., Montpelier, Vermont 05602

PLEASE BE ADVISED THAT ALL NOTIFICATIONS, RELEASES AND AMENDMENTS ASSOCIATED WITH THIS RFP WILL BE POSTED AT THE VERMONT BUSINESS-TOBUSINESS WEBSITE: http://www.vermontbidsystem.com/Default.aspx IT WILL BE THE RESPONSIBILITY OF EACH VENDOR TO PERIODICALLY CHECK THE BID WEB SITE FOR THE LATEST DETAILS.

RFP CONTACT: E-MAIL:

Sandra Seidel Vermont Court Administrator's Office sandra.seidel@state.vt.us

Table of Contents
1. Overview 1.1 1.2 1.3 1.4 1.5 Purpose of this RFP Background RFP and Contracting Schedule Single Point of Contact for this RFP Question and Answer Period 3 3 4 5 5 6 7 7 7 7 7 7 8 8 8 8 9 9 9 10 10 10 10 11 12 12 12 13 14 14 14 15 16 20 21 22

2.

Project Information and General Guidelines 2.1 Limitations 2.2 Additional Submissions 2.3 Independence Certification 2.4 Laws and Regulations 2.5 Customary Contract Provisions 2.6 Method of Award 2.6.1 Contract Award 2.6.2 Rejection of Proposals 2.6.3 Proposal Evaluation Criteria 2.7 Contract Negotiation 2.7.1 Contract Terms 2.7.2 Terms and Conditions 2.8 Noting Exceptions to Requirements Listed in this RFP Scope of Work 3.1 Required Project Activities and Deliverables 3.1.1 Contractor Functions 3.1.2 Exclusive Ownership Vendor Response Content and Format 4.1 Proposal Content 4.2 Required Format of the Proposal Proposal Submission Instructions 5.1 Closing Date 5.2 Sealed Bid Instructions 5.3 Delivery Methods Description of Attachments Attachment 1 State Contracting Addendum Attachment 2 Vermont Tax Certificate and Insurance Certificate Attachment 3 Required Budget Form and Narrative Attachment 4 Exceptions

3.

4.

5.

6.

State of Vermont Judiciary

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1.

Overview

1.1 Purpose of this RFP The Vermont Judiciary issues this request for proposals to solicit proposals from individuals and entities that wish to be considered to develop a systematic action plan to develop and manage a court interpreter program that would meet due process requirements in Vermont court proceedings and improve access to court-ordered programs and the services provided by the courts. The Vermont Judiciary seeks proposals from qualified individuals or entities to: (1) Develop a strategic plan for the court interpreter program, develop additional protocols on the use of interpreters and explore options for more effectively and efficiently providing court interpreter services, including the exploration of video and web-based or other technological resources; (2) Review the development of the court interpreter program, including the work of the Subcommittee on Interpreters, the needs assessment, protocols and the content of all previous education and training sessions. The contractor will also work with the CAO to gather information on success of various efforts, challenges and obstacles as well as priorities for moving program forward; (3) Consult with the Consortium at the National Center for State Courts in Williamsburg, Virginia, to identify, explore and utilize relevant program plans from other states and compile a summary report on this research to the CAO, local courts and selected court interpreters, and work collaboratively with this group to develop an outline; (4) Develop a draft action plan for the program that will include sections on (a) the current status of the program, need for and use of interpreters and recommendations on collaborations with other agencies; (b) the availability, cost, and efficacy (especially related to due process); (c) current status of training and education priorities; (d) adoption of a code of professional conduct; (e) successful and promising practices in the recruitment and use of interpreters and how they might be implemented; (f) recommendations on the information and data that should be routinely collected on the program that will enhance management and effective use of interpreters; (g) initial steps to establish an interpreter testing and qualification program; (The staff of the Consortium is available to assist with the development of the action plan.); (h) After consultation and review of additional comments and research, consultant will finalize plan; and, (5) If determined by the AOC to be beneficial, the consultant may be required to travel to travel to: (a) Williamsburg offices of the Consortium to work with the staff on development of the action plan described in (4) above, and (b) attend the Annual Consortium Conference, sponsored by the National Center for State Courts, and scheduled in the fall of each year.

State of Vermont Judiciary

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The State anticipates the project period from June 15, 2009, through December 31, 2009. The Vermont Judiciary has budgeted $21,000.00 for this project.

1.2. Background Ensuring equal access to justice for non-English speaking individuals is a continuing challenge for state and local court systems. Both the number and diversity of persons with a need for interpreter services has increased as the demographic profile of the country has changed. In 2002, the United States Department of Justice issued guidelines to its recipients of federal funds, including state court systems, regarding the requirement to take reasonable steps to provide meaningful access to court proceedings and court-based programs to individuals with limited English proficiency. 1 Courts face the prospect of an increasing number of appeals based on the premise that a party in a criminal or civil procedure was not able to fully comprehend or participate in the judicial process because of a lack of adequate interpreter or translation services. In 2004, the “Subcommittee on Interpreters” of the Vermont Supreme Court‟s Committee on Fairness and Equal Access to Justice issued a report that recommended the development of policy and procedures as well as the amendment of court rules to ensure that individuals with limited English proficiency and the deaf or hard-of-hearing have access to interpreters and/or auxiliary aids for legal proceedings and court-ordered programs and services. The recommendations also addressed the development and implementation of a program to improve the qualifications of spoken language interpreters, including training on court procedures, legal terminology, ethics, and interpreting skills, as well as education for judges, court staff, and attorneys on best practices in managing interpreter services. An “Interpreter Implementation Committee” was formed to put the recommendations into practice. To date, Vermont has made a number of efforts to improve the court interpreter program, including the development of legal education for interpreters; training on the use of interpreters for judicial officers; subscription to telephone (language-line) interpreter services, and creation of an interpreter registry. In 2007, Vermont joined the Consortium for State Court Interpreter Certification to take advantage of the resources available from this multi-state partnership.2
1

U.S. Department of Justice, Federal Register, June 18, 2002 (volume 67,

no. 117). The Consortium for State Court Interpreter Certification is a voluntary program under the auspices of the National Center for State Courts in which member states pool financial resources and professional expertise to eliminate duplication of expense and effort, and lower the cost of interpreter test development and administration. The Consortium currently has 39 member states representing over two-thirds of the nation’s non-English speaking population. It is dedicated to developing court interpreter proficiency tests, making tests available to member states, and regulating the use of tests.
State of Vermont Judiciary Page 4 of 23 RFP for Court Interpreter Program
2

While the need for interpreter services in the state of Vermont may be less than in larger states with more ethnically diverse populations, it is still a challenge to provide timely and effective interpretation services for the estimated 40 different language groups in the state. It is difficult to develop a program with the right mix and level of language assistance and allocate the limited resources that are available for this effort. Without a systematic and well managed program, it is not possible to ensure that there is an adequate pool of interpreters with the level of language proficiency required for legal proceedings and to adhere to established standards of conduct. A strategic plan developed for this program will help ensure that interpreters are appointed in a timely manner and that appropriate standards of interpreter conduct in legal proceedings are maintained. The plan will also allow the program to move forward towards implementation of a court interpreter testing and certification program, and ensure that due process requirements are met. 1.3. RFP and Contracting Schedule The table below presents the Judiciary‟s expected schedule for this RFP and contracting process. Please note that the Judiciary may change this schedule at any point. Changes will be posted to the website listed on the cover of this RFP, and sent via email to those who register (i.e., request email notifications) with the RFP contact. RFP Published Questions on RFP document due from vendors Judiciary replies to Questions Proposal Due Proposal Review Period & Interview Timeframe Award Notification Contract Negotiation Period Estimated Start work date March 20, 2009 April 3, 2009 April 9, 2009 April 17, 2009, 2 pm ET April 22-27, 2009 May 15, 2009 May 18—June 12, 2009 June 15, 2009

Following receipt and review of the proposals, the Vermont Judiciary may make a decision based solely upon the proposals. Alternatively, the Vermont Judiciary may seek supplemental information and/or conduct on-site interviews. These on-site interviews will be held in a central Vermont location arranged by the Judiciary. Interview sessions are expected to be about 1 hour to 1 ½ hours in length. There will be no cost to the Judiciary for these Interviews. It is the responsibility of the respondents to check the website periodically for updates. The Vermont Judiciary anticipates concluding the proposal review according to schedule but may, in its discretion, extend the period of review. 1.4. Single Point of Contact for this RFP All communications concerning this RFP are to be addressed in writing to the attention of the RFP Contact listed on page 1 of this RFP. The RFP Contact is the sole contact for this RFP. Attempts by bidders to contact any other party could result in the rejection of their proposal.
State of Vermont Judiciary Page 5 of 23 RFP for Court Interpreter Program

1.5. Question and Answer Period Any vendor requiring clarification of any section of this proposal must submit specific questions in writing according to Schedule listed in Section 1.3. Questions must be emailed to the RFP Contact listed on the cover page of this proposal. Any objection not raised in writing on or before the last day of the initial question period is waived. Responses to the Question set will be posted to the bid website and sent via email to registered vendors.

State of Vermont Judiciary

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2.

Project Information and General Guidelines
2.1. Limitations

The Judiciary assumes no responsibility or liability for costs incurred by parties prior to issuance of a contract. In addition, this RFP does not commit the Judiciary to award a contract, procure any materials or supplies or pay any costs incurred in the preparation of a proposal. All proposals become public record and are available for public review and inspection upon execution of the contract. Any contract(s) awarded as a result of this RFP will contain the general guidelines and conditions contained herein and will also incorporate the successful party‟s proposal. 2.2. Additional Submissions The Judiciary may award a contract or contracts based upon the offers received, without additional submissions from parties. However, the Judiciary reserves the right to request additional oral or written information or presentations from any parties in support of their written proposal. 2.3 Independence Certification Each party must certify that it has no personal, financial, or professional relationship(s) with the Judiciary, its management or employees which would impair its independence with respect to a contract for development of a court interpreter program. 2.4 Laws and Regulations Parties and all employees working on this contract will treat all information as confidential and will sign a contract with the Judiciary to that effect. The Judiciary reserves the right to inspect the systems and procedures of the party to guarantee that the party and its employees are adhering to the confidentiality provisions of the contract. Data may not be shared by any person or persons other than party employees directly responsible for evaluation activities. 2.5. Customary Contract Provisions Parties must affirmatively state their understanding of the provisions contained in Attachment 1, State Contracting Addendum, and agree to abide by them should they receive a contract offer from the Judiciary. Furthermore, with regard to the Section 6 of Attachment 1, the company that issues insurance required by this section must be registered with the State‟s Department of Banking and Insurance to do business in the State.

State of Vermont Judiciary

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2.6. Method of Award 2.6.1 Contract Award The Judiciary intends to award one contract as a result of this RFP. This project is estimated to start work as defined in the Schedule outlined in Chapter 1. 2.6.2 Rejection of Proposals The Judiciary reserves the right to reject any or all proposals received as a result of this RFP and/or not proceed with any proposal. The Judiciary may accept part(s) of a proposal. The Judiciary is not obligated to proceed beyond issuing this RFP. A proposal may be rejected for one or more of the following reasons or for any other reason deemed to be in the best interest of the Judiciary:    Failure of the Parties to adhere to one or more provisions of this RFP. Failure of the Parties to submit information required by this RFP. Failure of the Parties to follow generally accepted ethical and professional standards during the RFP process. 2.6.3 Proposal Evaluation Criteria The Judiciary‟s proposal review team will evaluate proposals based on the criteria listed below in approximate order of importance:  The entity‟s proposed plan for providing services and the degree to which the proposal is responsive to the specifications contained in this Request for Proposals. The entity‟s familiarity with the mission, functions, and processes of the court interpreter program. The entity‟s ability to provide a detailed and comprehensive budget that does not exceed $21,000.00. The entity‟s experience providing similar services and the quality of the entity‟s previous performance as described by references listed by the entity. The entity‟s ability to demonstrate that the project will be completed within the stated time period.

   

State of Vermont Judiciary

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The Judiciary shall be under no obligation to contact vendors for clarification of proposals, but it shall reserve the right to do so at any time prior to contract award. The Judiciary reserves the right to request additional information from any and all vendors during the evaluation process. Based on the results of the evaluation, the proposals determined to be the most advantageous to the Judiciary may be selected for further action. 2.7 Contract Negotiation Upon completion of the evaluation process, the Judiciary may select one bidder with which to negotiate a contract, based on the evaluation findings and other criteria deemed relevant for ensuring that the decision made is in the best interest of the Judiciary. In the event the Judiciary is successful in negotiating with the bidder, the Judiciary will issue a notice of award. In the event the Judiciary is not successful in negotiating a contract with a selected bidder, the Judiciary reserves the option of negotiating with another bidder. 2.7.1 Contract Terms The selected party will sign a contract with the Judiciary to provide the items named in their responses and accepted by the Judiciary, at the prices listed. Minimum support levels, as well as terms and conditions from this RFP and the party‟s response will become part of the contract. This contract will be subject to review throughout its term. The Judiciary will consider cancellation upon discovery that a party is in violation of any portion of the agreement, including an inability by the party to provide the products, deliverables, support and/or service offered in their response. 2.7.2 Terms and Conditions The Vermont Judiciary may cancel this Request for Proposals at any time prior to an award. The Vermont Judiciary reserves the right to reject any or all proposals received and are not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous. If the Vermont Judiciary selects an entity to be awarded the contract, the Vermont Judiciary will enter into contract negotiations with the entity. The contract will include several provisions required under state and federal law and will address, among other things, insurance, indemnification, nondiscrimination, and conflict of interest requirements. The contract may also contain provisions presented by the respondent that are acceptable to the Vermont Judiciary, and other terms and conditions to which the parties agree. If at any time the Vermont Judiciary determines contract negotiations to be ineffective, the Vermont Judiciary may terminate negotiations. The Vermont Judiciary may then begin contract negotiations with the entity who submitted the proposal that was ranked next highest during the evaluation.

State of Vermont Judiciary

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The Vermont Judiciary accepts no obligations for costs incurred by respondents in anticipation of being awarded a contract. If the funds the Vermont Judiciary anticipates using for this project are reduced or restricted, the Vermont Judiciary is under no obligation except to the extent that funds are available. 2.8 Noting Exceptions to Requirements Listed in this RFP If you do not wish to perform, or take exception to, the activities described in one or more of the sections below, you must explicitly state your exceptions in writing (see Attachment 4). These exceptions must accompany your proposal upon submission.

3.

Scope of Work
3.1 Required Project Activities and Deliverables

The Judiciary believes the list of Activities and Deliverables below are the minimum required. You may add others that you feel are necessary and/or advantageous to the Judiciary. 3.1.1. Contractor Functions A. The contractor will furnish all labor, materials, office space, supplies, and equipment needed to develop and implement the program related to the provision of court interpreter services for legal proceedings in the trial courts. Conference space will be made available to the contractor for site visits, if needed. B. The contractor will begin the project within two weeks after signing the contract. C. The contractor will work with the Consortium and the Vermont Court to develop and implement a court interpreter program, adapted to the unique issues in Vermont, including available resources and the requirements of due process. D. The contractor will work with the AOC, the local court managers, relevant interpreter groups, as well as the Consortium to develop a strategic plan as outlined in Section 1.1 set out above. E. The contractor will travel to Consortium office for consultation, as well as attend the Annual Consortium Conference, if determined to be beneficial to the program by the CAO. F. The contractor will submit a final program plan that will include the initial steps need to begin to establish an interpreter testing and qualification program.

State of Vermont Judiciary

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G. The contractor will work under the supervision of the Deputy Director of the CAO Court Improvement and Innovation Division. H. The contractor must acknowledge prominently on all products developed with grant funds that support was received from the State Justice Institute (SJI). The SJI Logo must appear on the front cover of a written product, or in the opening frames of a video product, unless another placement is approved by SJI. I. The contractor will participate in status meetings with Court Administration staff on a regular basis.

J. The contractor will provide written progress and financial reports to Vermont Judiciary on a quarterly basis. Progress reports will include a narrative of the project activities that have taken place and the relationship between those activities and the proposed schedule. If any significant problem areas develop, the narrative shall include a description of them and how they will be resolved. Finance reports will include a breakdown of consultant fees incurred each quarter and a breakdown of mileage and expenses incurred each quarter. (See Attachment 3). K. Invoices for services rendered shall be submitted by the Contractor on a monthly basis. The Judiciary has 10 working days to review and approve all deliverables. Invoices shall be itemized, along with any supporting vouchers. Submitted invoices must be signed by the Contractor. Services shall be limited to the specifications outlined in this contract and shall not include equipment purchases or office rental. L. At the conclusion of the project, Contractor will submit a final written report summarizing the original goal(s) of the project, what was accomplished, and any unmet needs and recommendations for the future, including how the program might be developed in the future, including the next steps to putting in place a system for testing and certification.. The report will include a copy of any materials developed under the grant. M. The contractor will complete the project by December 31, 2009. 3.1.2. Exclusive Ownership Any and all data, forms, surveys, analyses, reports, studies, manuscripts, and other complete or incomplete work product prepared or developed by the consultant in connection with this project shall become the exclusive property of the Vermont Judiciary and may be used by the contractor only upon the prior written consent of the Vermont Judiciary.

State of Vermont Judiciary

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4.

Vendor Response Content and Format
4.1. Proposal Content

The Judiciary has established certain requirements with respect to proposals to be submitted for contracted services. Whenever the terms “will”, “must”, “shall”, or “is required” are used in this RFP, the referenced specification/requirement is a mandatory requirement. Failure to meet any mandatory requirement may cause rejection of the proposal. The responder's proposal will be considered the respondent's formal offer. The proposal must include the requested information in sufficient detail to allow the Judiciary to evaluate the proposal based solely on the information provided. References to the RFP text in the proposal must contain the same section number and title as used in this RFP and must be typed in a different font than the main text. By submission of a proposal, the responder warrants that the information provided is true, correct and reliable for purposes of evaluation for potential contract award. The submission of inaccurate or misleading information may be grounds for disqualification from the award, subsequent cancellation of the contract, if awarded, as well as subject the responder to suspension or debarment proceedings as well as other remedies available by law. 4.2. Required Format of the Proposal Interested entities are invited to respond to this request by submitting a written proposal. Proposals shall not exceed 70 pages in length. Sample materials do not count toward the page limit. Please separate the proposal and attachments into 2 separate files for emailing. Proposals shall include the following information, in the following order, each Tab marked as follows: Tab 1. Cover letter with a summary of your proposed solution including clearly labeled total fixed price cost (matching Attachment 3). Identification of the entity making the submission, including a point of contact, e- mail address, fax number, telephone number, and mailing address. Identification of the key person or persons who will work on the project, including a statement of the qualifications and availability for each person. A specific plan for providing the proposed services including projected major tasks and milestone dates. A detailed and comprehensive budget with accompanying narrative.

Tab 2. Tab 3. Tab 4.

Tab 5.

State of Vermont Judiciary

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Tab 6.

A statement of financial viability demonstrating that the entity has the resources required to complete the contract. One (1) sample of work completed for a similar project. Note: please include as a separate file/document from your main proposal. Exceptions to required project activities and deliverables (if applicable). (See Attachment 4) A list of three references within the last 5 years from other similar completed Projects, including current contact information: name, title, organization, phone, email address, type of work performed, name of project. A Vermont Tax and Insurance Certificate from an insurance company who is registered with the State‟s Department of Banking and Insurance to do business in the State of Vermont. The signed original must be included with the unbound master of your proposal.

Tab 7.

Tab 8.

Tab 9.

Tab 10.

Tab 11. Any other information believed to be relevant to the selection process.

5.

Proposal Submission Instructions

You must submit three (3) hard copies of the proposal and one (1) electronic copy of all files on CD. In addition to the three hard copies you must include one unbound master suitable for copying. The electronic copy must be in MS Office for Windows Word format (or a Word Perfect version that can be read by Word 2003). Copies submitted in pdf format will not be accepted. You must combine individual files into as few files as possible (i.e., please do not include each chapter as a separate file), however, attachments, e.g. sample of prior deliverables must be in a separate file. Screen samples, sample documents, etc can be submitted as separate Attachments in Word. Please note that any and all pages of your proposal containing confidential and proprietary information must be clearly marked “Proprietary and Confidential.” After completion of this bid process, all proposal materials are in the public domain and confidentiality cannot be guaranteed. Proposals shall not have entire chapters marked “Proprietary and Confidential”. Proposals shall not be marked “Proprietary and Confidential” in their entirety. Submissions must be received according to the schedule outlined in Section 1.3. You must clearly identify all packing material as “Vermont Judiciary Court Interpreter Program Implementation Proposal”. You must submit the proposal copies to the Contact listed on page 1 of this RFP at the address below.

State of Vermont Judiciary

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5.1 Closing Date The closing date for the receipt of proposals is listed in Section 1.3, Schedule. Bids must be delivered to: Sandra J. Seidel Vermont Court Administrator's Office 109 State St. (mailing address) Montpelier, Vermont 05609-0701 Proposals or unsolicited amendments submitted after that time will not be accepted and will be returned to the vendor. The bid opening will be held at 111 State St., Montpelier, VT, and is open to the public. Bid amounts will not be disclosed at the bid opening. 5.2 Sealed Bid Instructions BID ENVELOPES MUST BE CLEARLY MARKED „SEALED BID‟ AND SHOW THE PROPOSAL TITLE (Vermont Judiciary Court Interpreter Program Implementation Proposal), OPENING DATE AND NAME OF BIDDER. All bidders are hereby notified that sealed bids must be in the office of the RFP Contact by the time of the bid opening. Bids not in possession of the RFP Contact at the time of the bid opening will not be considered. The Judiciary may, for cause, change the date and/or time of bid openings or issue an addendum. If a change is made, the State will make a reasonable effort to inform all bidders by posting at the bid website and sending an email to those who register. 5.3 Delivery Methods U.S. MAIL: Bidders are cautioned that it is their responsibility to originate the mailing of bids in sufficient time to ensure receipt by the RFP Contact prior to the time of the bid opening. EXPRESS DELIVERY: If bids are being sent via an express delivery service, be certain that the RFP designation (Vermont Judiciary Court Interpreter Program Implementation Proposal) is clearly shown on the outside of the delivery envelope or box. HAND DELIVERY: Hand carried bids must be delivered to the office of the RFP Contact prior to the bid opening. Hand delivered proposals must be delivered to 111 State St., Montpelier, Vermont 05609. ELECTRONIC: While an electronic copy of the bid is required (as explained above), electronic bids will not be accepted. FAX BIDS: Faxed bids will not be accepted.

State of Vermont Judiciary

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6.

Description of Attachments

Attachment 1: State Contracting Addendum – This attachment will be part of the contract. If you have any exceptions and/or comments on any area of Attachment 1, please clearly explain your exception and/or comment by submitting an EXCEPTIONS TO REQUIRED PROJECT ACTIVITIES document. Attachment 2: Vermont Tax Certificate and Insurance Certificate – You must complete this form and return a signed original (along with your cover letter) with your hard-copy submission. Attachment 3: Required Budget Form and Narrative Attachment 4: Exceptions to Required Project Activities

State of Vermont Judiciary

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ATTACHMENT 1

STATE CONTRACTING ADDENDUM 01/08/09
1. Entire Agreement: This Agreement, whether in the form of a Contract, State Funded Grant, or Federally Funded Grant, represents the entire agreement between the parties on the subject matter. All prior agreements, representations, statements, negotiations, and understandings shall have no effect. 2. Applicable Law: This Agreement will be governed by the laws of the State of Vermont. 3. Definitions: For purposes of this Attachment, ―Party‖ shall mean the Contractor, Grantee or Sub-recipient, with whom the State of Vermont is executing this Agreement and consistent with the form of the Agreement. 4. Appropriations: If this Agreement extends into more than one fiscal year of the State (July 1 to June 30), and if appropriations are insufficient to support this Agreement, the State may cancel at the end of the fiscal year, or otherwise upon the expiration of existing appropriation authority. In the case that this Agreement is a Grant that is funded in whole or in part by federal funds, and in the event federal funds become unavailable or reduced, the State may suspend or cancel this Grant immediately, and the State shall have no obligation to pay Sub recipient from State revenues. 5. No Employee Benefits For Party: The Party understands that the State will not provide any individual retirement benefits, group life insurance, group health and dental insurance, vacation or sick leave, workers compensation or other benefits or services available to State employees, nor will the state withhold any state or federal taxes except as required under applicable tax laws, which shall be determined in advance of execution of the Agreement. The Party understands that all tax returns required by the Internal Revenue Code and the State of Vermont, including but not limited to income, withholding, sales and use, and rooms and meals, must be filed by the Party, and information as to Agreement income will be provided by the State of Vermont to the Internal Revenue Service and the Vermont Department of Taxes. 6. Independence, Liability: The Party will act in an independent capacity and not as officers or employees of the State. The Party shall defend the State and its officers and employees against all claims or suits arising in whole or in part from any act or omission of the Party or of any agent of the Party. The State shall notify the Party in the event of any such claim or suit, and the Party shall immediately retain counsel and otherwise provide a complete defense against the entire claim or suit. After a final judgment or settlement the Party may request recoupment of specific defense costs and may file suit in Washington Superior Court requesting recoupment. The Party shall be entitled to recoup costs only upon a showing that such costs were entirely unrelated to the defense of any claim arising from an act or omission of the Party. The Party shall indemnify the State and its officers and employees in the event that the
State of Vermont Judiciary Page 16 of 23 RFP for Court Interpreter Program

State, its officers or employees become legally obligated to pay any damages or losses arising from any act or omission of the Party. 7. Insurance: Before commencing work on this Agreement the Party must provide certificates of insurance to show that the following minimum coverages are in effect. It is the responsibility of the Party to maintain current certificates of insurance on file with the state through the term of the Agreement. No warranty is made that the coverages and limits listed herein are adequate to cover and protect the interests of the Party for the Party’s operations. These are solely minimums that have been established to protect the interests of the State. Workers Compensation: With respect to all operations performed, the Party shall carry workers’ compensation insurance in accordance with the laws of the State of Vermont. General Liability and Property Damage: With respect to all operations performed under the contract, the Party shall carry general liability insurance having all major divisions of coverage including, but not limited to: Premises - Operations Products and Completed Operations Personal Injury Liability Contractual Liability The policy shall be on an occurrence form and limits shall not be less than: $1,000,000 Per Occurrence $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $ 50,000 Fire/ Legal/Liability Party shall name the State of Vermont and its officers and employees as additional insured for liability arising out of this Agreement. Automotive Liability: The Party shall carry automotive liability insurance covering all motor vehicles, including hired and non-owned coverage, used in connection with the Agreement. Limits of coverage shall not be less than: $1,000,000 combined single limit. Party shall name the State of Vermont and its officers and employees as additional insured for liability arising out of this Agreement. 8. Reliance by the State on Representations: All payments by the State under this Agreement will be made in reliance upon the accuracy of all prior representations by the Party, including but not limited to bills, invoices, progress reports and other proofs of work.

State of Vermont Judiciary

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9. Requirement to Have a Single Audit: In the case that this Agreement is a Grant that is funded in whole or in part by federal funds, and if this Sub recipient expends $500,000 or more in federal assistance during its fiscal year, the Sub recipient is required to have a single audit conducted in accordance with the Single Audit Act, except when it elects to have a program specific audit. The Sub recipient may elect to have a program specific audit if it expends funds under only one federal program and the federal program’s laws, regulating or grant agreements do not require a financial statement audit of the Party. A Sub recipient is exempt if the Party expends less than $500,000 in total federal assistance in one year. The Sub recipient will complete the Certification of Audit Requirement annually within 45 days after its fiscal year end. If a single audit is required, the sub-recipient will submit a copy of the audit report to the primary pass-through Party and any other pass-through Party that requests it within 9 months. If a single audit is not required, the Sub recipient will submit the Schedule of Federal Expenditures within 45 days. These forms will be mailed to the Sub recipient by the Department of Finance and Management near the end of its fiscal year. These forms are also available on the Finance & Management Web page at: http://finance.vermont.gov/forms 10. Records Available for Audit: The Party will maintain all books, documents, payroll papers, accounting records and other evidence pertaining to costs incurred under this agreement and make them available at reasonable times during the period of the Agreement and for three years thereafter for inspection by any authorized representatives of the State or Federal Government. If any litigation, claim, or audit is started before the expiration of the three year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The State, by any authorized representative, shall have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this Agreement. 11. Fair Employment Practices and Americans with Disabilities Act: Party agrees to comply with the requirement of Title 21V.S.A. Chapter 5, Subchapter 6, relating to fair employment practices, to the full extent applicable. Party shall also ensure, to the full extent required by the Americans with Disabilities Act of 1990 that qualified individuals with disabilities receive equitable access to the services, programs, and activities provided by the Party under this Agreement. Party further agrees to include this provision in all subcontracts. 12. Set Off: The State may set off any sums which the Party owes the State against any sums due the Party under this Agreement; provided, however, that any set off of amounts due the State of Vermont as taxes shall be in accordance with the procedures more specifically provided hereinafter. 13. Taxes Due to the State:

State of Vermont Judiciary

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a. Party understands and acknowledges responsibility, if applicable, for compliance with State tax laws, including income tax withholding for employees performing services within the State, payment of use tax on property used within the State, corporate and/or personal income tax on income earned within the State. b. Party certifies under the pains and penalties of perjury that, as of the date the Agreement is signed, the Party is in good standing with respect to, or in full compliance with, a plan to pay any and all taxes due the State of Vermont. c. Party understands that final payment under this Agreement may be withheld if the Commissioner of Taxes determines that the Party is not in good standing with respect to or in full compliance with a plan to pay any and all taxes due to the State of Vermont. d. Party also understands the State may set off taxes (and related penalties, interest and fees) due to the State of Vermont, but only if the Party has failed to make an appeal within the time allowed by law, or an appeal has been taken and finally determined and the Party has no further legal recourse to contest the amounts due. 14. Child Support: (Applicable if the Party is a natural person, not a corporation or partnership.) Party states that, as of the date the Agreement is signed, he/she: a. is not under any obligation to pay child support; or b. is under such an obligation and is in good standing with respect to that obligation; or c. has agreed to a payment plan with the Vermont Office of Child Support Services and is in full compliance with that plan. 15. Sub-Agreements: Party shall not assign, subcontract or sub grant the performance of his Agreement or any portion thereof to any other Party without the prior written approval of the State. Party also agrees to include in all subcontract or sub grant agreements a tax certification in accordance with paragraph 13 above. 16. No Gifts or Gratuities: Party shall not give title or possession of any thing of substantial value (including property, currency, travel and/or education programs) to any officer or employee of the State during the term of this Agreement. 17. Copies: All written reports prepared under this Agreement will be printed using both sides of the paper. 18. Certification Regarding Debarment: Party certifies under pains and penalties of perjury that, as of the date that this Agreement is signed, neither Party nor Party’s principals (officers, directors, owners, or partners) are presently debarred, suspended, proposed for debarment, declared ineligible or excluded from participation in federal programs or programs supported in whole or in part by federal funds.

State of Vermont Judiciary

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State of Vermont Judiciary

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Attachment 2 – Vermont Tax Certificate and Insurance Certificate
REQUEST FOR PROPOSAL – Tax Form VERMONT JUDICIARY COURT INTERPRETER PROGRAM IMPLEMENTATION PROPOSAL
This form must be completed, signed, and submitted as part of the response for the proposal to be considered valid. The undersigned agrees to furnish the products or services listed at the prices quoted and, unless otherwise stated by the vendor, the Terms of Sales are Net 30 days from receipt of service or invoice, whichever is later. Percentage discounts may be offered for prompt payments of invoices; however, such discounts must be in effect for a period of 30 days or more in order to be considered in making awards.

VERMONT TAX CERTIFICATE AND INSURANCE CERTIFICATE
To meet the requirements of Vermont Statute 32 V.S.A. subsection 3113, by law, no Parties of the State may enter into extend or renew any contract for the provision of goods, services or real estate space with any person unless such person first certifies, under the pains and penalties of perjury, that he or she is in good standing with the Department of Taxes. A person is in good standing if no taxes are due, if the liability for any tax that may be due is on appeal, or if the person is in compliance with a payment plan approved by the Commissioner of Taxes, 32 V.S.A. subsection 3113. In signing this bid, the bidder certifies under the pains and penalties of perjury that the company/individual is in good standing with respect to, or in full compliance with a plan to pay, any and all taxes due to the State of Vermont as of the date this statement is made. Bidder further certifies that the company/individual is in compliance with the State’s insurance requirements as detailed in section 21 of the Purchasing and Contract Administration Terms and Conditions. All necessary certificates must be received prior to issuance of Purchase Order. If the certificate of insurance is not received by the Division of Purchasing and Contract Administration within five (5) days, the State of Vermont reserves the right to select another vendor. Please reference this RFQ# when submitting the certificate of insurance.

Insurance Certificate: Attached ______

Will provide upon notification of award:

(within 5 days)

Delivery Offered _____ Days After the Notice of Award Quotation Valid for ________ Days Name of Company: __________________________ Fed ID or SS Number: ________________________

Terms of Sale ______________________ Date: _____________________________ Telephone Number: _________________ Fax Number: ______________________

By: _______________________________________ Signature (Bid Not Valid Unless Signed)

Name: ____________________________ (Type or Print)

This is not an order. All returned quotes and related documents must be identified with RFP name.

State of Vermont Judiciary

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Attachment 3 – Required Budget Form and Narrative

Contractor Name and Address

Project Title

Federal Tax ID #

Report Period From __/__/__ To __/__/__ Costs

Categories Consultant/Contractual Fees Travel Supplies Telephone Postage Printing/Copying Other (Specify)

Total Fixed Price

Narrative:

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Attachment 4: Exceptions to Required Project Activities and Deliverables
If you do not wish to perform, or take exception to, the activities described in one or more of the sections below, you must explicitly state your exceptions in writing. These exceptions must accompany your proposal upon submission. Should your proposal be selected, these exceptions will be negotiated before a final contract is issued.

State of Vermont Judiciary

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DOCUMENT INFO