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HomeMy WebLinkAboutAgreements/Contracts - Superior CourtK26-040 GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Superior Court REQUEST SUBMITTED BY: Crystal Burns CONTACT PERSON ATTENDING ROUNDTABLE: Crystal Burns CONFIDENTIAL INFORMATION: ❑YES ®NO DATE: 2/18/26 PHONE: x• 4144 NONE ®Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code El 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 Services Agreement with Jose Castillo, dba, Acento Interpreting, LLC, for 0 Etas -T" XF&-VtR&W E If necessary, was this document reviewed by legal? 0 YES ❑ NO DATE OF ACTION: APPROVE: DENIED D2: 11t)5 6Y} D3: ABSTAIN 4/23/24 DEFERRED OR CONTINUED TO: WITHDRAWN: ❑ N/A SERVICES AGREEMENT This Services Agreement ("Agreement") is made and entered into, by and through Grant County Superior Court ("COURT"), a court of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 V1 of the Washington State Constitution, and Jose Castillo, dba Acento Interpreting, LLC, ("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, 2026 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. CO NTRACTOR 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 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 Mepartment0uperior court12024\1nterpreter OSA\Int Agreement 2/10/26 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. C". 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 Services Agreement - 2 Civii 8\Depm1inents\Super!or court12024\1uterpreter OWN Agreement 2/10/26 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. 111, COMPENSATION A. It is hereby acknowledged, agreed and understood that, as set forth in 11 Hit 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 hanguage (non -Spanish) interpreter services that are required, including all travel, mileage and/or cancellation fees. CONTRACTOR shall be compensated at the rate of Seventy Dollars ($70.00) 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 Seventy Dollars ($70.00) 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 fTom CONTRACTOR's home to the workplace, or for any other expenses incurred in the performance of CONTRACTOR's duties. Services Agreement - 3 Civil Mepartinent0uperior coutt\2024\1nterpreter 0SAVnt Agreement 2/10126 CONTRACTOR shall submit invoices for services to the COUR`-r 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 shalt 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 1, 2026, through February 28, 2-027, unless otherwise terminated pursuant to the terms and conditions herein, V10 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 (till responsibility iland 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, V1, 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 Services Agreement - 4 Civil Mepartinen(ASuperior cotu-6202411uterpreter OSA\Int Agreement 2/10/26 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 su.ch 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, 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 han.nless fromi 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. I 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. X11 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. Services Agreement - 5 Civil S\Departnients\Superior court1202MInterpreter OSA\Int Agreement 2/10/26 To COURT.- Presiding Judge Grant County Superior Court Grant County Courthouse P.O. Box 37 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, term, or provision conflicts with status or law, then that part, term, or provision shall be CP deemed inoperative and this Agreement shall be modified to conform to such statutory provision or other law. XVIL 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. Services Agreement - 7 Civil 9Tepattinents\Superior cout1\202411ntetpreter OSA\Int Agreement 2/10/26 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. t XI, BINDING EFFECT I Agreement shall inure to the benefit of and shall be upon the parties hereto and their This' 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, XIIL GOVERNING LAW This Agreernent 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 ansing -from or related to this Agreement shall lie in the State of Washington. :HIV. AMENDMENT This Agreement may be amended only by written agreement of all Parties to this Agreement. X.V. 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: Services Agreement - 6 Civil MepatimentASuperior coiu1120241Tntetpreter OSA\Tnt Agreement 2/10/26 GRANT COUNTY SUPERIOR COURT: Presiding Judge Date: Dated the of February, 2026. CONTRACTOR: Jose astillo Date: -Z- - 19- 7, (= BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON X- Kevin Burger hair Rob Jones, Vice Chair Cindy Carter, ��Aember ST: Barbara J. Vasqu i Clerk of the Boai Services Agreement - 8 Civil 8\.Departinents-Superiorcotul,2024�,ititeMreter OSA,lnt Agreement 2110i"26 r Approved o form: Tre5$6r R. Bevie,}; WSBA #47989 nt County dyrosecutor's Office vaa e Civil Deputy Prosecuting Attorney Date: Services Agreement - 9 Civil T.Departments\Superior court20244werpreter QSAAnt Agreement 2!10/26 Exhibit "All GENERAL TERMS AND CONDITIONS Covenant A st Continaent Fees#- 'rb.e CONTRACTOR. waxrants that no person or selling agent has boon. employed or retained to solicit or see -Lire this Agreement upon an agreement or understanding Bor a comnussion, percentage, brokerage or contingent fee, excepting bona fide, rnnployees -or bona fide established agent maintained by the,, CONTRACTOR for the puTose 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 Agree=nt price or consideration or reoover by other means the full amount of such, commission, percentage, brokerage or contingent feo, 2. Coliffict Of Interest 'The COURT may, by written notice to tho CONTRACTOR terminate this Agreement If it is found after due notice and examination by the Agent that there is a violation of the Ethics M" Public Servioe Aut, chapter 42,52 RCW; or any similar statute involving the CONTRACTOR in the proctuement of, or performance ruder, this Agreement. 3. Records Documents And Remits The CONTRACTOR shall maintain books, records, documents and other evidence of awounting procedures and practices wMeh sufficiently and property refleot all direct and indirect costs of any, nature expendod in the performance of this Agreement, These records shall be nibject at all reasonable times to *inspection, review, or audit by personnel duty authorized by the, COURT, the Comity, the Office of the State Auditor, and. federal officials so authorized by law, rile, regulation, or Agreement. The CONTRACTOR will retain- all books, records, documents, and other materials relevant to this Agreement for six (6) years after sdflomemt, and make them It available for inspection nspection by persons mithorized tinder this provision or pursueait to chapter 42,17 RCW4 4, Saf-epii.arding f Information The use or diselosure by any party of any I'Monnation concerning flee COURT for Miy purpose not directly owmected with the administration of the CURT' or the, CONTRACTOWS ilitios with respect to services) provided -Laider this contract are prohibited except by responsib lb prior Written consont of the C01MT, so Rights- In Pata Unto. ss otherwise provided, data which originates from this Agreement shall. be, "Works for hire" as deffied by the US. Copyright Act of 1976 and shall be owned by the COURT. Data shall General Tems and Conditions Page - I include, but not be limited to, reports, documents, pamphlets, adveilisements, books, magazines, surveys, studies, con pater progvaiiis, Elms, tapes, and/or sotmd reproductions, Ownership inoludes the right of copyright, patent, register and the ability to transfer those, rights'. Data which is dolivared under the Agreement, but which does not originate therefrom, shall be, transferred. to the COURT with a nonexclusive, royalty free, irrevocable Hoe= to publish, . sfe it translate, reproduoe, deliver, perform, dispose of, and to authorize others to do'sce, Provided that such license shall be limited to the extent which the CONTRACTOR has a, fight to grant such a. license. The CONTRACTOR shall exed all reasonable effort to advise the CGURE TREATMENT OFASSETS 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 wbich the CONTRACTOR is eiffitled to be roirnbursed as a direct Item of cost under thiq Agreement, shall pass to Md 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: % 11 it Issuatioe for use of such property in the performance of this Agreement, or; I. Commoncement of use of such prapefty in the, performance of this Agxeement, or Ili. Ill. ReImbiusement of the, oust -thereof by the COURT in whole or in part, whichever first ocetus. B. Any property of the COURT furnished to the CONTRA:CTOR shall, tmlesg 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 tic COURT which results from the negligence of the CONTRACTOR or which results. froni -the fail -Lire on the part of the CONTRACTOR to inaintain and administer that properly in accordance with i smind management practices. D, Upon loss or destruction of, or damage to, any County property, the CONTRACTOR the COURT thereof and shall all reason st p to protect that prop f, shall notify pepsproperty Crow &rth(,3,r damage. The CONTRACTOR shall s-Lurender to the COURT all property of the COURT prior to -settlement, upon con�pletlon, termination or cancellation of this Agreemcmt. F. All reference to the CONTR ACTOR. wader this clause shall also 1`11clude the, CONTRACTOR'S employ -cos, agents or &ibcontractors, Geneial Totms and Conditions Page - 2