HomeMy WebLinkAboutR-2023-157 Resolution authorizing a contract agreement with Queensgate Interpreting to provide Court Interpreter Services RESOLUTION NO. R-2023-157
A RESOLUTION authorizing City of Yakima Court Presiding Judge, on behalf of the city, to
execute an agreement with Queensgate Interpreting Service, LLC to
provide interpreting services for Yakima Municipal Court.
WHEREAS, the Yakima Municipal Court is required to provide certified court interpreters
to accurately and truthfully translate written and spoken English communication to Spanish and
make arrangements for any other dialects as needed; and
WHEREAS, the contractor has the skills and certification to provide such services; and
WHEREAS, the parties desire to enter into an agreement for the provision of such
service pursuant to the terms and conditions set forth in the agreement; and
WHEREAS, the City Council finds and determines that approval of such agreement is in
the best interests of residents of the City of Yakima; therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City of Yakima Municipal Court Presiding Judge is hereby authorized to execute and
administer the Professional Services Agreement with Queensgate Interpreting Service, LLC, for
interpreting services, attached hereto and incorporated herein by this reference; now, therefore,
ADOPTED BY THE CITY COUNCIL this 21st day of November, 2023.
Janice Deccio, Mayor
ATTEST:
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Rosalinda Ibarra, CityCleri
INDEPENDENT CONTRACTOR AGREEMENT
This agreement, made and entered into on this r e\day of Move m.6A T 2023, by and
between the City of Yakima, a municipal corporation, hereinafter called "City", and Queensgate
Interpreting Service, LLC, hereinafter called "Contractor", witness:
WHEREAS, the Yakima Municipal Court has need of certified court interpreters to
accurately and truthfully translate written and spoken English communication to Spanish and
other language speaking persons; and
WHEREAS, Contractor has represented that Contractor has the skills to provide such
services; and
WHEREAS, Contractor desires to perform such translation and interpretation services for
the City as an independent contractor and the City is willing for Contractor to perform such
services;
NOW, THEREFORE, it is agreed as follows:
1. Services to be Performed By Contractor.
Contractor shall, under the general direction of the Municipal Court Judge, perform in good faith
and to the best of Contractor's ability the following:
A. Perform all actions and take all steps necessary to provide accurate and truthful
translation to and from English to Spanish language and related dialects for written and
spoken communication as needed by the Municipal Court Judge and Court Clerk.
B. Make available at least one court certified or qualified interpreter during all hours
when the Municipal Court is in session. Contractor shall confer with the Court and become
familiar with the Court's calendar. Additionally, the Court will provide Contractor with a
current court schedule of dates, holiday and times of court sessions.
C. At the Interpreter's or Contractor's discretion they may make available at
least one court certified or qualified interpreter during all hours when the Municipal
Court is in session via telephonic interpretation or the Court's preferred Video
Conferencinq System.
2. Interpreter Requirements.
Every interpreter performing under this Agreement shall:
A. Take an oath affirming that the interpreter will make a true and accurate
interpretation to the person being examined of all the proceedings in a language which
the person understands, and that the interpreter will repeat the statements of the person
being examined to the court in the English language, to the best of the interpreter's skill
and judgment as provided for in RCW 2.43.050.
B. Abide by the code of ethics established by Supreme Court rule.
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C. Be certified in the Spanish language or qualified in other languages as required
under this agreement.
D. Have no criminal convictions for any offense involving truthfulness or honesty.
Should an interpreter be charged with or convicted of such an offense, the interpreter and
Contractor shall immediately inform the court.
It shall be the Contractor's responsibility that interpreters performing under this agreement comply
with the requirements of this section.
3. Certification.
All interpreters performing under this agreement shall be a Certified or Qualified Interpreter as
defined under RCW 2.43. Certification may be waived only under the circumstances set forth
under RCW 2.43.030; for such purposes the Municipal Court Judge shall be considered the
"appointing authority".
4. Exclusive Agreement.
This Agreement is an exclusive agreement City may not contract with additional and other
persons for the same or similar services as are provided under this agreement. Contractor may
contract with others to provide the same or similar services so long as no conflict of interest arises
and so long as Contractor is able to maintain satisfactory performance under this agreement as
determined by the Municipal Court.
5. Payment.
A. Spanish Interpreters.
City shall pay Contractor a flat rate of per month of Five Hundred Twenty-Five
dollars ($525.00) for administration of the contract for the calendar year 2023 and
Five Hundred Fifty dollars ($550.00) beginning January 1, 2024. The flat rate will
increase by Five Percent(5%)per year thereafter.
City shall pay Contractor at the rate of Seventy-two dollars per hour($72.00) for the
calendar year 2023, and Seventy-Five Dollars ($75.00) beginning January 1, 2024.
Then each year thereafter a rate increase of Five Percent (5%) per year. The
scheduled hours for interpreter services shall be for days the court is open for
Three(3)hours for the Court's Morning Session and Three(3)Hours for the Court's
Afternoon Session.
Any time in excess of the minimum listed shall billed in Fifteen (15) minute increments.
Any requests for Trials, Jury or Bench, shall be a minimum of 8 hours per request.
However, in the event that Contractor should need to bring an additional Interpreter
or an interpreter to cover for Contractor's own interpreter, such as for illness,
vacation, etc., the hourly rate will be the lowest the agency can find. In addition,
travel time, and mileage at a rate equal to the current IRS or State of Washington
rate, whichever is higher shall also be payable. In the event Contractor should need
to bring an additional Interpreter or an interpreter to cover for Contractor's own
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interpreter, such as for illness, vacation, etc., the billable minimums shall be Four
j4) hours for the AM session and Four(4) hours for PM session.
City shall not pay any telephone costs, insurance, social security, medical benefits,
unemployment benefits, or any other cost, benefit, or expense which Contractor may incur
or which city employees may be entitled.
B. Non-Spanish Interpreters.
The City shall pay on a case-by-case basis based upon the charges to Contractor. City
agrees to pay for any additional costs incurred for non-Spanish interpreters including
transportation, mileage, airfare, or any other costs incurred. City shall provide at least 15
days advance notice of any Non-Spanish requests.
C. Cancellation.
In the event a requested interpreter is no longer required the City shall provide a minimum
of 48-hours notice, prior to the date requested. If 48-hours notice is not provided then
Contractor shall bill City for the time requested.
6. Termination of Any Prior Agreement.
This Agreement revokes and replaces in its entirety any and all prior Independent Contractor
Agreement executed by the parties hereto.
7. Applicable Laws and Venue.
Washington state law governs all matters arising out of, or relating to this Agreement. Any legal
proceeding related to this Agreement shall be brought in state and federal courts located in
Yakima County, Washington.
8. Independent Contractor.
A. The performance of the Contractor's services hereunder shall be in the capacity of
an independent contractor and not as an officer, agent, representative, or employee of the
City. In no event shall Contractor be authorized to enter into any agreement or undertaking
for or on behalf of the City.
B. Contractor shall be solely responsible for and shall pay all taxes, deductions, and
assessments, including but not limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury insurance, and other deductions from
income which may be required by law or assessed against either party as a result of this
Agreement. In the event the City is assessed a tax or assessment as a result of this
Agreement, Contractor shall pay the same before it becomes due.
9. Termination.
It is mutually understood that either party may terminate this Agreement upon Ninety (90) days
written notice to the other party without any cause whatsoever.
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10. Duration.
This Agreement shall terminate on December 31, 2027.
11. Indemnification and Hold Harmless.
Contractor agrees to protect, defend, indemnify, and hold harmless the City, its elected officials,
officers, employees and agents from any and all claims, demands, losses, liens, liabilities,
penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses
(including reasonable attorneys' fees and disbursements) resulting from death or bodily injury to
any person or damage or destruction to a third party or third parties to the extent caused by any
negligent act and/or omission of the Contractor, its officers, employees, agents, and/or
subcontractors, arising out of the performance of this Agreement.
12. Insurance.
At all times during performance of the Services, Contractor shall secure and maintain in effect
insurance to protect the City and Contractor from and against all claims, damages, losses, and
expenses arising out of or resulting from the performance of this Contract. Contractor shall provide
and maintain in force insurance in limits no less than that stated below, as applicable.
A. General Commercial Liability Insurance. Before this Contract is fully executed by
the parties, Contractor shall provide the City with a certificate of insurance as proof of
liability insurance and umbrella liability insurance with a total minimum liability limit of One
Million Dollars ($1,000,000.00) per occurrence combined single limit bodily injury and
property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The
certificate shall clearly state who the provider is, the coverage amount, the policy number,
and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Contract. The policy shall name the City, its elected officials, officers,
agents, employees, and volunteers as additional insureds, and shall contain a clause that
the Contractor will not cancel or change the insurance without first giving the City prior
written notice. The insurance shall be with an insurance company or companies rated A-
VII or higher in Best's Guide and admitted in the State of Washington.
B. Professional Liability Coverage. Before this Contract is fully executed by the
parties, CONTRACTOR shall provide the City with a certificate of insurance as proof of
professional liability coverage with a total minimum liability limit of One Million Dollars
($1,000,000.00) per claim. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this Contract. The policy shall
contain a clause that the Contractor will not cancel or change the insurance without first
giving the City prior written notice. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made
basis the coverage will continue in force for an additional two years after the completion
of this contract.
13. Third Parties.
This Agreement is for the benefit of the parties hereto only, and no rights or benefits are created
in any third parties.
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14. Assignment.
This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred
in whole or in part by Contractor to any other person or entity without the prior written consent of
the City. In the even that such prior written consent to an assignment is granted, then the
assignee shall assume all duties, obligations, and liabilities of Contractor stated herein.
15. Severability.
In the event any portion of this Agreement is decreed to be unconstitutional or otherwise invalid
by a court of competent jurisdiction, the remaining portions shall not be affected so long as the
intent or meaning of the remaining portions is not affected.
16. Notices.
All notices and demands shall be in writing and sent or hand delivered to the parties to their
addresses as follows"
TO CITY:
TO CONTRACTOR: Randi Butterfield
616 S 8th Ave
Yakima, WA 98902
it-
DATED this —!3 day of J0', 2023.
CITY OF YAKIMA CONTRACTOR
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Kelley C Olwell '5"11-LILL- Randi utterfield
Municipal Court Judge Queensgate Interpreting Service, LLC
CITY CONTRACT NO- aLf-M -'�
RESOLUTION NO: A
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.K.
For Meeting of: November 21, 2023
ITEM TITLE: Resolution authorizing a contract agreement with Queensgate
Interpreting to provide Court Interpreter Services
SUBMITTED BY: KelleyOlwell, Presiding Judge
SUMMARY EXPLANATION:
The Yakima Municipal Court has a long history of working with Queensgate Interpreting,
previously called Apple Valley Interpreting to meet the statutory requirement to provide certified
court interpreters to translate written and spoken English communication to any dialect. This
contract reflects a name change of the business and extends the terms of the previous contract
to control costs.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
❑ Resolution_Queensgate Interpreting 10/27/2023 Cover Memo
0 Queensgate Interpreter Service 10/27/2023 Cover Memo