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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 VI of the Washington State
Constitution, and Mary Jane 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 she 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, 2020 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 shall be paid unless it falls
outside the guaranteed twenty (20) hours and then the CONTRACTOR will forward the
bill to the COURT.
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
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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. The CONTRACTOR is
responsible for contracting services of an additional interpreter for 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
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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.
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 Fifty Six and 10/100 Dollars ($56.10) 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 Fifty Six and 10/100
Dollars ($56.10) 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.
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.
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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, 2020, through February 28, 2021,
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
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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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.
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.
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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 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:
To COURT: Presiding Judge
Grant County Superior Court
Grant County Courthouse
Ephrata, WA 98823
Phone: (206) 754-2011
To CONTRACTOR: Mary Jane Castillo, dba Bi -Lingual Services
PO Box 853
Moses Lake WA 98837
Phone: (509) 855-6572
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
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that any part, terra, 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.
GRANT COUNTY SUPERIOR COURT: CONTRACTOR:
Date:— Z khr-!�Y Date: b, /Z 0 `z/ ZO;ZD
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Dated the of February, 2020.
BOARD OF COUNTY
COMMISSIONERS
GRANT COUNTY, WASHINGTON
E� & 1�s'e -(
Cindy Carter, Chair
7r�c
Tom Taylor, Vi e Chair
Richard Stevens, Member
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