HomeMy WebLinkAboutAgreements/Contracts - Superior CourtSERVICES AGREEMENT
This Services Agreement ("Agreement") is made and entered into, by and through Grant County
Superior Court ("COURT"), a court of record established by Article VI of the Washington State
Constitution, and Jose Castillo, dba Bi -Lingual Services, ("CONTRACTOR"), a Washington State
Bilingual Certified Court Interpreter and sole proprietor.
I. PREAMBLE
This Agreement generally concerns retention of an independent contractor for the purpose of
providing interpreter services to the COURT.
II. SCOPE OF WORK
A. CONTRACTOR represents that he is available to provide interpreter services as set forth
and required herein.
B. CONTRACTOR shall be available at the Grant County Courthouse, 35 "C" Street NW,
Ephrata, Washington, Monday through Friday, beginning March 1, 2023 for twenty (20)
hours each calendar week. PROVIDED: exact times and schedule will vary depending
upon COURT's weekly calendar.
C. CONTRACTOR shall be available to coordinate any foreign language and sign language
interpreters needed by the COURT. In assessing interpreter need, the CONTRACTOR
shall review the COURT's intake list daily, via e-mail. CONTRACTOR will be provided
a weekly printed schedule from the COURT. The CONTRACTOR will endeavor to find
the most cost effective interpreter services available ensuring that any and all interpreters
possess qualifications necessary to provide services as a certified court interpreter.
D. CONTRACTOR shall put the COURT Administrator on immediate notice of any conflict
of interest involving the CONTRACTOR. In the event of such conflict, CONTRACTOR
shall obtain the services of substitute interpreter prepared to perform the Scope of Work
set forth herein.
E. CONTRACTOR shall obtain written approval of the COURT prior to performing any
services which are beyond the Scope of Work set forth herein.
F. CONTRACTOR is responsible for paying SUBSTITUTE interpreters whose work falls
within the guaranteed twenty (20) hours per week. All bills submitted by a SUBSTITUTE
interpreter shall go to the CONTRACTOR and sha �1-P Lis outside the
AIguaranteed twenty (20) hours and then the CONT t the
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G. Exhibit "A", appended hereto and fully incorporated herein by reference, contains (1)
additional terms and conditions governing work to be performed by the CONTRACTOR
under this Agreement, (2) the nature of the working relationship between the COURT and
the CONTRACTOR, and (3) specific obligations of both parties.
H. SUBSTITUTE INTERPRETER:
a. CONTRACTOR has authority to engage a SUBSTITUTE Spanish interpreter
(subcontractor) in the event CONTRACTOR is unavailable during the twenty (20)
hour performance period set forth above in Paragraph IIB. Conflict, illness and/or
vacation shall justify CONTRACTOR's unavailability.
b. The SUBSTITUTE Spanish interpreter (subcontractor) shall be a Washington State
certified court interpreter, subject to approval by the COURT.
c. The SUBSTITUTE Spanish interpreter (subcontractor) shall, at all times material
herein, comply with all terms and conditions set forth in this Agreement.
d. Charges related to services provided by the SUBSTITUTE Spanish interpreter
(subcontractor) shall be included on the CONTRACTOR's regular, weekly billing
statement, with the name and status of such substitute interpreter (subcontractor)
clearly designated.
e. It shall be the sole responsibility of the CONTRACTOR to tender compensation
for services rendered by the SUBSTITUTE interpreter (subcontractor), even if the
fee charged by the SUBSTITUTE Spanish interpreter (subcontractor) exceeds the
CONTRACTOR's regular hourly rate of compensation. All travel time and
mileage charged by a SUBSTITUTE interpreter will be paid by the COURT. Any
cancellation fee charged by a SUBSTITUTE will be paid by the CONTRACTOR
unless it relates to the cancellation of services which would have exceeded the
guaranteed twenty (20) hours per week of the CONTRACTOR.
Provided: At all times material herein, the CONTRACTOR shall defend, indemnify and
hold the COURT and/or the Grant County harmless from any and all claims of the
substitute interpreter (subcontractor) for payment and shall indemnify and hold the
COURT and/or Grant County harmless for any costs, judgment or fees, including
reasonable attorneys fees, incurred in any action brought against the COURT and/or Grant
County by the substitute interpreter (subcontractor) for the recovery of compensation for
services.
I. ADDITIONAL INTERPRETER:
An "additional interpreter" shall be defined as an interpreter who provides services in
excess of the twenty (20) hours of service provided by the CONTRACTOR pursuant to
Paragraph IIB, or interprets a language other than Spanish. If additional Spanish
interpreters are needed while the CONTRACTOR is already providing interpretation
services (while still under the twenty (20) hour requirement) the COURT will bear the cost.
The CONTRACTOR is responsible for contracting services of an additional interpreter for
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the COURT. An additional Spanish language interpreter shall be a Washington State
certified court interpreter. Other language interpreters shall be state certified if possible.
All additional interpreters shall be subject to prior approval by the COURT.
Any additional interpreter or other language (non -Spanish) interpreter services that are
required beyond the twenty (20) hour amount referenced in Paragraph IIB shall be billed
directly to the COURT by the additional interpreter or agency, with such billing to be
consistent with prevailing procedures for compensation of vendors.
III. COMPENSATION
A. It is hereby acknowledged, agreed and understood that, as set forth in II H, it shall be
the sole responsibility of the CONTRACTOR to tender compensation for hourly
services rendered by any designated SUBSTITUTE interpreter selected by the
CONTRACTOR (except for travel time and mileage), even if the hourly rate charged
by the SUBSTITUTE exceeds the CONTRACTOR'S regular hourly rate of
compensation.
B. It shall be the sole responsibility of the COURT to tender compensation for services of
any ADDITIONAL interpreter or other language (non -Spanish) interpreter services
that are required, including all travel, mileage and/or cancellation fees.
CONTRACTOR shall be compensated at the rate of Sixty Five Dollars ($65.00) per hour for
services rendered. The CONTRACTOR will be paid a guaranteed twenty (20) hours per week by
the COURT. Any services provided by the CONTRACTOR above the twenty (20) hours per week
will be paid at an hourly rate to the CONTRACTOR of Sixty Five Dollars ($65.00) per hour. If
an ADDITIONAL interpreter is hired by the CONTRACTOR when the CONTRACTOR exceeds
the twenty (20) hours per week, the COURT will pay the entire ADDITIONAL interpreter bill. If
a SUBSTITUTE interpreter is hired by the CONTRACTOR (falling within the guaranteed twenty
(20) hours of the CONTRACTOR), the CONTRACTOR is responsible for the SUBSTITUTE bill
(except for the travel time and mileage). It is hereby acknowledged, agreed and understood that
any designated substitute selected by the CONTRACTOR shall not be compensated by the
COURT beyond the rate agreed to between the CONTRACTOR and the SUBSTITUTE. If a
particular assignment requires an interpreter to provide services as both a SUBSTITUTE and an
ADDITIONAL INTERPRETER, then compensation for SUBSTITUTE hours will be paid by
CONTRACTOR as provided herein, and compensation for additional hours will be paid by the
COURT as provided herein.
CONTRACTOR shall be reimbursed for mileage traveled in excess of twenty-five (25) miles from
the Grant County Courthouse located at 35 "C" Street NW, Ephrata, Washington at the state
mileage/travel rate. Provided: CONTRACTOR shall not receive reimbursement for mileage or
other expenses concerning travel from CONTRACTOR's home to the workplace, or for any other
expenses incurred in the performance of CONTRACTOR's duties.
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CONTRACTOR shall submit invoices for services to the COURT according to a weekly schedule.
Such invoices shall describe and document, to the COURT'S satisfaction, the work performed by
the CONTRACTOR. The description of work performed shall be generally described in order to
avoid disclosure of confidential or privileged information.
CONTRACTOR shall maintain sufficient and detailed records of services performed and related
costs. Such records may be examined by the COURT in the event the COURT determines that
invoices submitted by the CONTRACTOR should be verified or reconciled.
Payment shall be made to CONTRACTOR within twenty (20) days of the COURT's receipt of
CONTRACTOR's billings. Provided: The COURT may withhold or, on account of subsequently
discovered evidence, nullify in whole or part any payment to such extent as may be necessary to
protect the COURT from loss or damage for reasons including but not limited to failure by the
CONTRACTOR to perform in accordance with this Agreement.
Provided: If the COURT observes or otherwise becomes aware of any fault or defect in the services
performed by CONTRACTOR, the COURT shall give the CONTRACTOR reasonable notice and
opportunity to correct such fault or defect.
IV. DURATION
This Agreement shall be in full force and effect from March I, 2023, through February 29, 2024,
unless otherwise terminated pursuant to the terms and conditions herein.
V. CONTRACTOR STATUS
CONTRACTOR is an independent contractor, and thus shall not claim to be an entity, officer, or
employee of the COURT and/or the Grant County. Neither CONTRACTOR, nor any of its
officers, employees or agents shall make any claim to any right, privilege or benefit that may
accrue to officers, officials and employees of the COURT and/or Grant County.
CONTRACTOR shall have and maintain complete responsibility and control over all of its
substitutes, employees, agents, and representatives. No substitute, employee, agent, or
representative of CONTRACTOR shall be or deemed to be or act or purport to act as an employee,
agent, or representative of the COURT and/or Grant County. CONTRACTOR shall assume full
responsibility and exclusive liability for the payment of all payroll taxes, use, sales, income or
other form of taxes, fees, licenses, excises, or payment required by any city, county, federal or state
legislation during the term of this Agreement.
VI. INDEMNITY AND HOLD HARMLESS
CONTRACTOR, its officers, agents and employees, agrees to fully defend, indemnify and hold
the COURT and/or Grant County, its officers, agents and employees harmless, against any and all
liability, damage, loss claims, demands, and action of any nature whatsoever on account of
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personal injuries, including, without limitation on the foregoing worker's compensation and death
claims, property loss or damage of any kind whatsoever, which arise out of or are in any manner
connected with, any negligent or intentional act or omission of CONTRACTOR, its officers,
agents and employees in performing this Agreement. CONTRACTOR shall, at its own expense,
investigate all such claims and demands, attend to their settlement or other disposition, defend all
actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind
arising from any such liability, damage, loss, claims demands and actions.
VII. WAIVER OF IMMUNITY
Furthermore, for the purpose of this section, CONTRACTOR expressly waives its immunity under
Title 51 or subsequent revisions of the Revised Code of Washington, the Industrial Insurance Act,,
for injuries to its employees and agrees to indemnify, defend and hold the COURT and/or Grant
County harmless from any claims brought by or on behalf of any employee, volunteer, or agent or
SUBSTITUTE of CONTRACTOR.
VIII. NON-DISCRIMINATION AND OBSERVANCE OF LAWS
CONTRACTOR, its assignees, delegates, or subcontractors shall not discriminate against any
person in the performance of any of its obligations hereunder on the basis of age, sex, marital
status, sexual orientation, race, creed, religion, color, national origin, honorably discharged veteran
or military status, disability, or any other protected status. Further, CONTRACTOR shall comply
with all laws of the State of Washington and the United States, and all applicable local laws, in
connection with its activities referenced in this Agreement.
IX. PUBLIC RECORDS
CONTRACTOR acknowledges that the COURT and/or Grant County are subject to Chapter 42.17
RCW and that this Agreement, and any and all related documents, will be a public record as defined
in Public Records Act (42.56 RCW) and record retention law (40.14 RCW), and that neither this
Agreement nor any related documents shall be subject to confidentiality.
X. TERMINATION
The COURT, or CONTRACTOR, may unilaterally terminate this Agreement without reason or
cause upon twenty (20) days written notice to the other party.
In the event of termination, the COURT shall be entitled to all research materials, drafts of reports
or briefs, memoranda, and any other products of the work performed by the CONTRACTOR,
including electronic computer files, disks, etc., up to an including the date of the termination,
regardless of whether the research materials, drafts of reports or briefs, memoranda, and any other
product of the work performed by the Agreement is in rough draft form.
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Further, in the event of termination, the COURT shall be liable only for reimbursement of time
and expenses to CONTRACTOR, pursuant to provisions of Paragraph III "Compensation" as set
forth above, up to and including the date of termination.
XI. BINDING EFFECT
This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their
respective legal representatives, successors and assigns.
XII. ASSIGNMENT OF CONTRACT
This Agreement may only be modified by mutual written agreement of the parties.
CONTRACTOR shall not assign or transfer this Agreement or any portion of this Agreement or
any of its rights or responsibilities hereunder, without the prior written consent of the COURT.
XIII. GOVERNING LAW
This Agreement shall be interpreted, construed and governed by the laws of the State of
Washington. Venue for any suit, legal action, or alternative dispute resolution proceeding arising
from or related to this Agreement shall vest in Grant County, Washington. It is hereby agreed that
jurisdiction over any suit, legal action, or alternative dispute resolution proceeding arising from or
related to this Agreement shall lie in the State of Washington.
XIV. AMENDMENT
This Agreement may be amended only by written agreement of all Parties to this Agreement.
XV. NOTICE
All notices pursuant to this Agreement shall be in writing and shall be transmitted by facsimile or
United States Postal service, postage prepaid. Any such notice is effective upon receipt by the
party to whom the notice is directed. Proof of delivery via facsimile shall be sufficient upon
showing of a receipt of successful transmission produced by the sending facsimile machine and
indicating the telephone number to which the transmission was sent, provided that the receipt
indicates the transmission was sent to the phone number of the intended recipient.
Notices shall be sent to the following addresses unless written notice of a change of address has
been given pursuant hereto:
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To COURT: Presiding Judge
Grant County Superior Court
Grant County Courthouse
Ephrata, WA 98823
Phone: (509) 754-2011
To CONTRACTOR: Jose Castillo, dba Bi -Lingual Services
231 11th Ave SW
Ephrata, WA 98823
Phone: (509) 760-3056
XVI. SEVERABILITY
If any part, term, or provision of this Agreement is held by a court to be illegal, the validity of the
remaining portions shall not be affected, and rights and obligations of the parties shall be construed
as enforced as if the Agreement did not contain the invalid portion. If it should appear that any
part, term, or provision conflicts with status or law, then that part, term, or provision shall be
deemed inoperative and this Agreement shall be modified to conform to such statutory provision
or other law.
XVII. DISPUTES
The parties mutually agree to attempt to resolve any disputes regarding interpretation or
enforcement of the terms and conditions of this Agreement by good faith negotiation. In the event,
the parties, cannot resolve a dispute which may arise between them, the parties prior to institution
of litigation shall, in good faith retain the services of an agreed mediator. Each party shall be
responsible and pay for one-half of the meditator fees and expenses. Provided: Neither party shall
be precluded from seeking any available legal remedy subsequent to good faith negotiation and/or
mediation.
XVIII. ENTIRETY
This Agreement contains the entire terms and conditions mutually agreed upon by the COURT and
CONTRACTOR. This Agreement contains the entire agreement between the Parties hereto and
supersedes any and all prior or concurrent discussion, correspondence, and agreements whether
written or oral between the Parties with respect to the subject matter of this Agreement. There are
no representations, agreements, or understandings, written or oral, between the parties hereto
relating to the subject of this Agreement which have not been fully expressed or referred to herein.
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GRANT COUNTY SUPERIOR COURT:
Pres' di
Date: Z - 16 " "--)
Dated the RA _of February, 2023.
COMMISSIONERS
ATTEST:
Barbar J. Vasquv,
Cer o f the Board
CONTRACTOR:.
J
?."
Date: 'Z *I G
BOARD OF COUNTY
GRANT COUNTY, WASHINGTON
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Danny St&e, Member
Exhibit "A"
GENERAL TERMS AND CONDITIONS
1. Covenant Against Contingent Fees.
The CONTRACTOR warrants that no person or selling agent has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established
agent maintained by the CONTRACTOR for the purpose of securing business. The COURT
shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this
Agreement, without liability or, in its discretion, to deduct from the Agreement price or
consideration or recover by other means the full amount of such commission, percentage,
brokerage or contingent fee.
2. Conflict Of Interest
The COURT may, by written notice to the CONTRACTOR terminate this Agreement if it is
found after due notice and examination by the Agent that there is a violation of the Ethics in
Public Service Act, chapter 42.52 RCW; or any similar statute involving the CONTRACTOR
in the procurement of, or performance under, this Agreement.
3. Records Documents And Reports
The CONTRACTOR shall maintain books, records, documents and other evidence of
accounting procedures and practices which sufficiently and properly reflect all direct and
indirect costs of any nature expended in the performance of this Agreement. These records shall
be subject at all reasonable times to inspection, review, or audit by personnel duly authorized
by the COURT, the County, the Office of the State Auditor, and federal officials so authorized
by law, rule, regulation, or Agreement. The CONTRACTOR will retain all books, records,
documents, and other materials relevant to this Agreement for six (6) years after settlement, and
make them available for inspection by persons authorized under this provision or pursuant to
chapter 42.17 RCW.
4. Safeguarding Of Information
The use or disclosure by any party of any information concerning the COURT for any purpose
not directly connected with the administration of the COURT'S or the CONTRACTOR'S
responsibilities with respect to service(s) provided under this contract are prohibited except by
prior written consent of the COURT.
5. Rights In Data
Unless otherwise provided, data which originates from this Agreement shall be "works for hire"
as defined by the U.S. Copyright Act of 1976 and shall be owned by the COURT. Data shall
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include, but not be limited to, reports, documents, pamphlets, advertisements, books,
magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions.
Ownership includes the right of copyright, patent, register and the ability to transfer these
rights.
Data which is delivered under the Agreement, but which does not originate therefrom, shall be
transferred to the COURT with a nonexclusive, royalty free, irrevocable license to publish,
translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; Provided
that such license shall be limited to the extent which the CONTRACTOR has a right to grant
such a license. The CONTRACTOR shall exert all reasonable effort to advise the COURT.
TREATMENT OF ASSETS
A. Title to all property furnished by the COURT shall remain in the COURT. Title to all
property furnished by the CONTRACTOR, for the cost of which the CONTRACTOR is entitled
to be reimbursed as a direct item of cost under this Agreement, shall pass to and vests in the
COURT upon delivery of such property by the CONTRACTOR. Title to other property, the
cost of which is reimbursable to the CONTRACTOR under this Agreement, shall pass to and
vest in the COURT upon:
i. Issuance for use of such property in the performance of this Agreement, or; ii.
Commencement of use of such property in the performance of this Agreement, or iii.
Reimbursement of the cost thereof by the COURT in whole or in part, whichever first
occurs.
B. Any property of the COURT furnished to the CONTRACTOR shall, unless otherwise
provided herein or approved by the COURT, be used only for the performance of this
Agreement.
c. The CONTRACTOR shall be responsible for any loss or damage to property of the COURT
which results from the negligence of the CONTRACTOR or which results from the failure on
the part of the CONTRACTOR to maintain and administer that property in accordance with
sound management practices.
D. Upon loss or destruction of, or damage to, any County property, the CONTRACTOR
shall notify the COURT thereof and shall take all reasonable steps to protect that property from
further damage.
E. The CONTRACTOR shall surrender to the COURT all property of the COURT prior to
.settlement upon completion, termination or cancellation of this Agreement.
FAIL reference to the CONTRACTOR under this clause shall also include the CONTRACTORS
employees, agents or Subcontractors.
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