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HomeMy WebLinkAbout4280 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4280 PEREZ - OUDY ACOSTA Language Translation Services Police LEG 12-1 05/15/2002 06/15/2010 Hold Harmless Termination upon written notice Review date for tracking only PROFESSIONAL SERVICES AGREEMENT OUDY ACOSTA PEREZ The City of Bremerton ("City") and Oudy Acosta Perez ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Contractor will perform the following services (Scope of Work): The Contractor will provide language translation services as requested by Bremerton Police Department officers and detectives, via telephone or in person, in regards to individuals whether suspect, victim or witness in cases initiated by the Department. The Contractor may be contacted by the Department twenty-four hours a day, seven days a week for the performance of the Scope of Work. The Scope of Work maybe modified only pursuant to Section VI. D. of this Agreement. If the Scope of Work provides for unspecified additional services the City may request, such services shall only be performed upon the express, written request ofthe City. II. Term: This Agreement commences on S /5- ~ and shall remain in effect until terminated pursuant to Section VIII. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor in accordance with the Fee Schedule attached hereto as Exhibit A and incorporated herein by this reference. Contractor's charges and bills shall conform to the Fee Schedule. Further, the total amount paid by the City in consideration of the services provided pursuant to this Agreement shall not exceed a total amount of Nineteen Thousand Nine Hundred Fifty Dollars ($19,950) The Contractor shall submit regular billing statements describing services rendered and the amount charged for each service. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Billing statements shall be submitted using a format substantially in compliance with Exhibit B attached hereto and incorporated herein by this reference. Upon receipt of a conforming billing statement, the City shall promptly process payment. Contractor shall not perform work beyond the Scope of Work, nor shall be compensated tor such work, unless the Scope of Work or anlount of compensation is modified pursuant to thi', Agreement. Additional services shall be compensated for only if requested pursuant to Section I and shall be compensated as set out in the request or, if the request does not so provide, as set out in the attached Fee Schedule. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Contractor of its obligations under this Agreement. IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within her field of expertise. Contractor and her personnel are independent contractors and not employees of the City. BremertonIPerez Page 1 of6 Contractor and her personnel have no authority to bind the City or to control the City's employees and other contractors. As an independent contractor, Contractor is responsible for her own management. The City's administration and enforcement of this Agreement shall not be deemed an exemise of managerial control over Contractor or her personnel. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform her obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. V. Insurance and Itold Itarmless: Contractor shall be solely responsible for the acts and failures to act of her personnel which arise in any way out of performance of this Agreement. Contractor agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Contractor, her employees, her subcontractors, her agents, or assigns in the performance of this Agreement. The City and Contractor have specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Contractor's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. VI. General Conditions: A. Reports and Information: When requested by the City, Contractor shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Letter of Understanding: The Letter of Understanding dated April 4, 2002 between the Parties shall be of no further force or effect as of the date of commencement of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full fome and effect. Bremerton/Perez Page 2 of 6 D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: City Address Contractor Address City Clerk Oudy Acosta Perez City of Bremerton P.O. Box 2263 239 Fourth Street Port Orchard, WA 98366 Bremerton, WA 98337 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. vii. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national or/gin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. VIII. Termination: This Agreement may be terminated, at will, by either Party upon written notice to the other Party. Upon termination the City will be entitled to reports showing the status and/or all work products, independent of their stage of completion or preparation format, of all items listed in the Scope of Work current through the termination date. Datedthis [~ dayof ~ ,20o1~. CIT~ER~ CONTRACTOR ~ Y:AR~ BO2 L::~i~AN, ~Mayo_~_.~ it sy..: C~-d~ ,,/~ Bremerton/Perez Page 3 of 6 DEPARTMENTAL APPROVAL: APPROVED AS TO FORM: its: ~' ROGE · , 'y Attorney RECEIVED FOR FILING: KA~I~EEN L. McCL~Y, City Clerk Bremerton/Perez Page 4 of 6 EXItlBIT A FEE SCHEDULE The following information is the service rates that the City of Bremerton Police Department agrees to pay Oudy Acosta Perez for services rendered in accordance with the Scope of Work: 1) Between the hours of 8 am to 5 pm any services that require travel will be billed at $40.00 per hour with a two-hour minimum followed by ½ hour increments. 2) Phone calls between the hours of 8 am to 5 pm will be charged at V4 hour increments per call based off of the $40.00 per hour charge. 3) Between the hours of 5 pm and to 8 am any services that require travel will be billed at $60.00 per hour with a two-hour minimum followed by ½ hour increments. 4) Phone calls between the hours of 5 pm to 8 am will be charged at lA hour increments per call based off of the $60.00 per hour charge. 5) Services occurring on a holiday, as defined in BMC 2.02.020, and on Sunday that require travel will be billed at $60.00 per hour with a two-hour minimum followed by ½ hour increments. 6) Phone calls occurring on a holiday, as defined in BMC 2.02.020, and on Sunday will be charged at lA hour increments per call based offofthe $60.00 per hour charge. Invoices for billing will be prepared by the first of every month. Bremerton/Perez Page 5 of 6 EXItlBIT B BILLING STATEMENT Beginning Time: Total Time: Completion Time: (name) (address) (cell phone number) (home phone number) Suspect: Requesting Officer and Badge Number: Case Number: I am fluent in the language. Today, I have translated the following information/documents for the above mentioned individual from into English OR from English into [] Interpreting Services to the Public via: [] No Contact Order [] Protection Order [] Unlawful Harassment Order [] Statement from Suspect [] Probable Cause for investigation and/or arrest [] Charges: [] Court Appearance Date: [] Witness Interview: [] As per Police Officer: Date Submitted: Mail Fax Bremerton/Perez Page 6 of 6