HomeMy WebLinkAboutAgreements/Contracts - Superior CourtK21-018
Ws Services AgreementC'Agreenienf) is made and entered into, by and through Grant County
Superior Court C'COURT"'), a court of record. established by Article VI ofthe Washingon State
Constitution, and Jose Castillo, dba Bi -Lingual Services,C'CONTRACT O, R"), a Washington,
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State Bilingual Certified Court Interpreter and sole proprietor.
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This Agreement, generally concerns retention of 'an independent contractor fwr the purpose of
providing interpreter services -to the• COURT.
A. CONTRACTOR represents fliat heis, available to provide interpreter services as selforth.
and requdred herein,
B. CONTRACTOR shallbeavailable at the Grant County Courthousel, 35 "C"Street, NW!,
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Ephrata, Washington, Monday, through Friday, begil I I March 1, 2021 for twenty (20)
hours each calendar week. PROVIDED.- exact times and schedule '111
van vary depmd,
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upon. COURT's. weekly calendar. , M
C. CONTRACTOR shall be available to coordin ate any foreign language a -ad sign, lan
gu, age,
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
aw,eek-ly-pri.,nt,edsi�hed-,Lilef:romt,heCOU.RT. ThwCONITRACTOR 'I
w -i., I. endeavor to find
the most costeffective interpreter, servii-ces available ensurm*g that any and, all interpr
j eters
possess qualifications necessaxy to provide services as a certified court interpreter.
D. CONTRACTOR shall put the COtTRT Administrator, on inunediate notice of any confli, i
of interest involving the CONTRACTOR, In the event of such con, flict, CONTRACTo Jl
r,
shall obtain, the services of substitute i-titerpreter prepared to perform the Scope of Wort;
set forth herein. I
E. CONTRACTOR shall obtain written approval of the COURT prior to performing any
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services wbich are beyond the Scope of'Work set foith herein.
F. CONTRACTOR, is responsible forM9
pay' SUBSTITUTE interpreters whose work falls
within the guaran teed twenty (20) hours per, week. All bills submitted by a
SUBSTITUTE interpreter shall go to the CONTRACTOR and shall be paid unless it falls
outside the guaranteed twenty (20) hours and they. the CONTRACTOR will forward the
bill to the COURT.
G. Exhibit "X% appended heret o and ffil fly m*corporated herein by reference, contains (1)
additional ter, ms, and conditions govemmg work to be performed by the CO NTRAC17'OR
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under tms Agreement,, (2) the nature of the workmg. r6lationship between the COURT
and the CONTRACTOR, and, (3) specific obligations of both parties.
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A
KIN V
On_ .. . . . .
Provided: At all times mateiial herein, the CONTRACTOR shall defend., indemnify and
hold the COURT and/or the Grant County harraless from any and all claims ot the
substitute interpreter (subcontractor) for payment and shall indem.m,`J�r and hold the
COURT and/or Grant County harmless for any costs, JudrgMe]ftt 'or fees. in ng
reasonable attorneys fees, m*cuffed m any action brought against the COURT and/or
-,Grant County 'by the substitute interpreter (subcontractor) for t! e
compensation for sem,*ces. h recovery of
A " m
An "additional interpreter"' shall 'be defined as an interpreter who provides serwices, m
excess of the twenty (20) hours of service provided"by the CONTRACTOR pursuant to
Paragraph IIB, or interprets a language other than Spanish. The CONTRACTOR is
responsible for contracting services of an additional interpreter for the U.T.COAn
additional Spanish language interpreter shall be a Washington State certified court
inteipureter. Other language interpreters shall be state certified if possible. All additional
interpreters shall be subject to Peer approval by -the COURT.
'non -Spanish) m`teipreter ser i ! a
.Any additional interpreter or other language, vices that re
required beyond the twenty (20) hour amount referenced -in Paragraph IIB shall be billed
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directly to the COURT by the additional interpreter or agency, with such billing to be
consistent with prevailing procedures for compensation of vendors.
A. It i he.rebY acknowledged, agreedandunderstood. that,, as set forth in 11 H, it shall be
is
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 CON TRACTOR"S regUlar hourly rate of
compensation.
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B It shall be the sole responsibility of the COURT to tender compensation for service
of any ADDITIONAL, interpreter or other, language (non-Spamsh) interpreter service.,
that are reqw, . red including all, travel,
nuleage and/or cancellation fees.
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U-11 M 1,111) MIX -A MEN M 9 -MOB I RMAVII I
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711 1"M
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CONTRACTOR sha]ff, be reim-burst for me traveled m' excess of twenty-five (25) Miles
ftom the Grant County Courthouse located at 35 "'C" Street NW, Ephrata, Washington at the
state nn-leage/travel rate. Provided: CONTRACTOR 'shall not receive reimbursement for
mileage orother expenses conceinmg travel fi-om CONTRACTOW s home to the workplace, or
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for any other expenses m"cuff ec , t in the performance of CONTRACTOR's duties.
CONTRACTOR shall submit invoices for ,
services to the COURT according to a weekly
schedule. Such HI 1c shall describe and document to the COURT'S satisfaction, the work
performed by the CONTRACTOR. The description of work performed shall be generally
descn*bed *in order to avoid disclosure of confidential or privileged information.
CO, N—TR—ACTORshall maintain, sufficien. t and detailed records of services performed and related
costs. Such records may be examined by the COURT in - the event the CouRT determi]aes that
mvoices submitted by the CONTRACTOR should be verified or reconciled.
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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 1, 2021, through February 28, 2022,
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 HARMLE S S
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
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.
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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 inimries to its employees and agrees to indemnify, defend 'and hold -the
COURT and/or Grant County harmless -ftom any claims brought by or on behalf of any
employee, volunteer, or agent or SUBSTITUTE, of CONTRACTOR,
CONTRACTOR, its assignees, delegates, or subcontractors shall not discrHnninate against any
person in the performance of any of its obligations hereunder on thebasis of age, sex, marital
status, sexual orientation, race, creed,, religion.,,, color, national orlgm,, honorably discharged
veteran or rmlffitary 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 lawsion
,1 in conneet' with its activities, referenced in this Agreement.
CONTRACTOR acknowledges that the COUR:r and/or Grant County are subject to Chapter
42.17 RCWan,,d that this Agreement., and any and all related documents, wig be a public record
as defined in Public Records Act (42.56 RCW) and record retention law (40.14.RCVV), and that
neither this Agreement nor any relate. docmuents shall be subject to confidentiality.
'The COURT, or CONTRACTOR, may UnIflaterally tenninate this.Agreem ent without reason or
cause upon twenty (20) days written notice to the other party..
In the event of tennination, the COURT sM1 be entitled to call research materials, drafts a
R' or briefs, memoranda, and any other products of the wwork. performed byw,.
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CON, TRACTOI?,, m'cluding electronic computer files, disks, etc., up to an mcluding -the R.
the: tenmv*nation, regardless of w6ether the research materials, drafts, of reports or briefs,
memoranda, and any other product of the work performed by the Agreement is M* rough
fM rm, gn
Further, in the event of termination, the COURT shall be liable only for reimbursement of time
and expenses to CONTRACTOR, pursuant to pro ' *
isi
vons of Paragraph M"Compensatin n7l' as set
forth above, tip to and including the date of termination.
This Agreem ent shall inure to the benefit of and shall be binding upon the parties hereto, and
their respective legal representatives, successors and assigns.
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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 wratten consent of the "COURT.
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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 Count,, i
t. , Washington It *s hereby agreed
that jun*sdiction over any suit, legal action, or alternative dispute resolution proceeding an'sing
from or related to this Agreement shall lie in the State of Washington.
0 LYWMA,
This Agreement may be amended
,�vrttten agreemem ot all, Pat -files, to thils, Agreenient,
All notices pursuant to this Agreement shall be in Wn"ting and shall be transmittedby facsimile or
United States Postal service, postage prepaid. Any such notice is effective upon receipt by the
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party to whom, the notice is directed. Proof of delivery via facsimile snall 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
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inaicates flit trans mmissionwas sent to the phone number of the intended reciplent.
Notices shall be sent to the following addresses unless written notice of a change of address
has been given pursuant hereto,-,
To COURT: Presiding Judge
brant County Superior Court
Grant County Courthouse
Ephrata,, WA 98823
Phone.- (2,06) 754-2011.
To CONTRACTOR: Jose Castillo, dba Bi -Lingual Services
2-3"1 1 It" Ave SW
Ephrata, WA 98823
Phone: (509) 760-3056
If any part, term, or provision of this Agreement is held by a. court to be illegal, the vafid4y 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
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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.
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The parties mutually agree to attempt to resolve any disputes regarding interpretation or
enforcement of the tei-fns and conditions of thisAgreemeiit by good faith negotiation. In the
event, the partes, cannot resolve a di*spute which * 1 . may arse between them the parties prior to
institution of litigation shall, in good faith retain the services of an agreed mediator. Each party
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shall be responsible and pay for, one-half of the meditator fees and expenses. Prollided: NTeitber
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 thisAgreement.
There are no representations,, agreements,, or understandings, written or oral, between the parties
hereto relating to the subject of this, Apzreement which have not been fiffly expressed or referred
to herein.
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Date: zo-& I
Dated the ofjaarrary, 2021.
BOARD OF COUNTY
COMMISSIONERS
G'►- I NT %COUNTY9 WASHINGTON
Cindy Cart CYair-"'
Danny to e, Vice Chair
Rob fones, Member
as
J. Vasqu
F
of _B ,,
,
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