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HomeMy WebLinkAboutAgreements/Contracts - Superior CourtGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12.00pm on Thursday) REQUESTING DEPARTMENT:SUp@I'IOf Court REQUEST susnniTrED BY:Crystal Burns CONTACT PERSON ATTENDING ROUNDTABLE:Ct7/Stal Burns CONFIDENTIAL INFORMATION: ❑YES ®NO oarE:2/11 /25 PHONE:X. 4144 • �, M3 -- ------- - 11 LU a 1: Q -4 ®Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code ❑Emergency Purchase ❑Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑Minutes ❑Ordinances []Out of State Travel ❑Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑Recommendation ❑Professional Serv/Consultant ❑Support Letter ❑Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB MEET Services Agreement with Jose Castillo, dba, Acento Interpreting,LLC, for provided interpreter services/interpreter coordinatingSuperiorto Court. Term: March 1, 2025 - February 28, 2026. This is an annual agreement, reviewed and approved by PAI s office If necessary, was this document reviewed by accounting? ❑ YES ❑ NO Fm-1 N/A If necessary, was this document reviewed by legal? 0 YES ❑ NO ❑ N/A DATE OF ACTION: DEFERRED OR CONTINUED TO: APPROVE: DENIED D1: D2: D3: ABSTAIN WITHDRAWN: RECEIVED FEB 11 2025 4/23/24 GRANT COUNTY COMMISSIONERS K25-027 SERVICES AGREEMENT This Services Agreement ("Agreennent") is made and entered into, by and through Grant County Supen'or Court ("COURT"), a court of record established by Article VI of the Washington State Constitution, and Jose Castillo, dba Acento Interpreting, LLC, ("CONTRACTOR"),, a Washington State Bilingual Certified Court Interpreter and sole proprietor. 11 PREAMBLE This Agreement generally concerns retention of an inde*pendent contractor for the purpose of providing interpreter services to the COURT. ill 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 I 2025 for twenty (20) hours each calendar week, PROVIDED: exact times and schedule will vary depending upon COURT 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 intake list daily, via e-mail. CONTRACTOR will be provided a weekly printed schedule ftom 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 inteipreter. 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 ain 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 shall be paid unless it falls outside the guaranteed twenty (20) hours and then the CONTRACTOR will forward the bill to the COURT. Services Agreement - I Civil McpaAmon"uperior cournMUnterpreter 0SAUnt Agreement 216/25 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, anal (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 unavat'lable during the twenty (20) hour perfortnance period set forth above in Paragraph 1113. 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. 0. The SUBSTITUTE Spanish interpreter (subcon.tractor) 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 han-nless from any and all claims of the substitute Interpreter (subcontractor) for payment and shall indemnify and hold the COURT and/or Grant County hannless for any costs, judgment or fees, including reasonable attorneys fees, ine-w-red in any action brought against the COURT and/or Grant County by the substitute interpreter .(sub contractor) for the recovery of compensation for services. Z. ADDITIONAL INTERPRETER. An "additional interpreteel 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 11B, 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 requitement) the COURT will bear the cost, The CONTRACTOR is responsible for contracting services of an additional interpreter for Services Agreement - 2 Civil McpartmeuWSuperior caurfi=Cuterpreter OWInt Agroomont 2/6/25 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. IJB 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, 1H, COMPENSATION A. It is hereby acknowledged, agreed and understood that, as set forth in 11 ff, 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 inileage), 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. 0) 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 aelmowledged, 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 Couithouse 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 CONTRA TOWS duties, Services Agreement - 3 Civil 8\Depm1merwASvperior oour62024Vn1crpreter OWN Agreometit 2/6125 CONTRACTOR shall s-Libmit invoices for services to the COURT according to a weekly schedule. Such invoices shall describe and document, to the COURTS 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 icuid 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 CONTRACT OR'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 otberwise 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. Wo DURATION This Agreement shall be in full force and effect from March 1,1 2025, through February 28, 2026, 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 a P �1 excises, or payment required by any city, county, federal or state legislation during the term of this Agreement, V1, INDEMNITY AND HOLD HARMLESS CONTRACTOR, its officers, agents and employees, agrees to fully defend, indenmify 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 Services Agreement - 4 Civil 8\Mpamncn1MupeTior cow-6202AInterproter OSMNI Agrwnont 2/6/25 personal injuries, including, without limitation on the foregoing worker's compensation and death claims, property loss or dainage 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 shalt, 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. VIL WAIVER OF IMMUNITY Furthermore, for the purpose of this section, 4 1 CONTRACTOR expressly waives its immuraty under Title 51 or subsequent revisions of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees to indeinm'fy, 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, V111, NON-DISCRIMINATION AND OBSERVANCE OF LAWS CONTRACTOR, its assignees, delegates, or subcontractors shall not discriminate against any person in the perfortnance of any of its obligations here -under on the basis of age, sex, luarital 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 t en-ninate this Agreement without reason or cause upon twenty (20) days written notice to the other party. I In the event of termination, the COURT shall be entitled to all research materials, or briefs memoranda, and any o on . drafts of re 4. other of the work performed by the CONTRACTOR, including electronic computer files, disks, etc., up to an including the date of the tennination, 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 fonn. Services Agreement - 5 Civil 8Wepartmcn1s\Supeiicr court1202AInterproer 0SAUtit Agreement 216/25 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, X1, 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-v 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 an* sing 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. XVe NOTICE All notices pursuant to this Agreement shall be in writing and shall be trransmitted 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 t pon fl en u 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: Services Agreement - 6 Civil WeparlinentMuperior courh202411nterpreter 0-MInt Agreement 216/25 To COURT: Presiding Judge Grant County Superior Court Grant County Courthouse Ephrata, WA 98823 Phone: (509) 754-2011 To CONTRACTOR: Jose Castillo, dba Acento Interpreting, LLC 7878 Rd D.5 NE Moses Lake, WA 98837 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, tenii, or provision conflicts with status or law, then that part, term, or provision shall be deemed inoperative and this Agreement shall be modified to confonn 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 :with. 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 pn*or or concuffent 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 fiffly expressed or referred to herein, Services Agreement - 7 Civil $\DepartineafOuperier ccutt\2024\Interpreter OWN Agreement 2/6125 GRANT COUNTY SUPERIOR COURT: CONTRACTOR: Presiding Judge 1Jose ta�-s(l0 Date: 61 � - Date:- I , 'ws 1 0 "Z 1�- 76— Dated the /,$' of February, 20.2-5. COMMISSIONERS BOARD OF COUNTY GRANT COUNTY9 WASHINGTON .................. ... . . Rob Cindy Carter, Vice Chair Kevin Burgess, ger ATTEST: /409 V arbara J. Vasquez Clerk of the Board Services Aa4:7 reement - 8 Civil 8 DepairWnts'. Superior com 2024` Interpreter OSA; Int Agreement 2;6 2-5 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 see -Lire this Agreement upon an agreement or understanding for a commission percentage, brokerage or contingent fee, excepting bona fide employees or bona fide establiMed' agent maintained by the CO-NTRACTOR 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 th's Agreement, without liability or, in its discretion to deduct from the Agreement rice 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 aftor 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 Lmder, this Agreement. 3. Records Documents And Reports The CONTRACTOR shall maintain books, records, documents and other evidence of accounting procedxcs and practices wbich sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreemerit. These records shall be s-ubject at all 4? reasonable times to Inspeotion, 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 tinder this provision or pursuant to chapter 42.17 RCW. 4. afeRuarding. Of Information T'he 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 'bilities with respect to ser-Oce, responsi i (s) provided -Lmder this contract are prohibited except by prior written consent of the COURT. 5. Rights In Data Unless otherwise pTovided, 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 Goneral Terms and Conditions Page - I 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 Xs delivered tmder the Agreemcnt, but which does not originate therefrom, shall be transferred to the COURT with a nonexclusive, royalty free, irrevocable license to publish, translate, reprodue e., deliver, perform, dispose of, and to authorize others to do so - Pr- Provided that such license shall be limited to the extent which the CONTRACTOR has a fight 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 farrdshed 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 petformance of this Agreement, or; I Commencement of use of such property in the performance of this Agreement, or Reimbtuseinerit 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, wiless 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 so -Lind 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 sLu-render to the COURT all property of the COURT ptior to 'settlement' upon completion, termination or cancellation of this Agreement. F. All reference to the CONTRACTOR under this clause shall also include the CONTRACTOR'S employees, agents or S ub contractors. General Terms and Conditions Page - 2