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20-173.00 Away with Words: Interpreter Services for Council Meeting Away With Words Interpreter Services,LLC INTERPRETER SERVICES REFERRAL AGREEMENT IThis Agreement"Agreement"is made and entered into by and between City of Spokane Valley ("Client"),and Away With Words Interpreter Services,LLC,a Washington corporation, 1931 Blue Creek Rd W. Addy,WA 99101,EIN#45-38727612("AWW")(referred to jointly herein as"Parties"). 1. Purpose and Scope of Work. The purpose of this Agreement is for AWW to refer certified sign language interpreters("Interpreters")to Client,upon Client's request,who will provide sign language interpretation services for the Client's personal,professional,or business needs. Such Interpreters are independent third party contractors,screened by AWW. Client can reject any referral and AWW will replace the Interpreter with a different Interpreter. AWW will invoice Client for the Interpreter's services as billing agent for the Interpreter. Client will submit payment to AWW and AWW will remit such payments to the Interpreters.In consideration of the mutual promises and covenants contained herein,and by email,telephone or written request, the Parties hereto agree to the following terms and conditions and the applicable Services Protocols and Fee Schedules attached hereto. Client can request interpreter services as follows: (a)On-Site Interpreter Services,subject to the protocols and fee schedule of Attachment A 1 2. Term. This Agreement shall be effective upon receipt of Client's initial request for services and shall automatically terminate when full and final payment is received by AWW for such services,whichever is later,unless terminated by either Party as further described herein. 3. Payment. 3.1 Client agrees to reimburse AWW for services performed by Interpreters under this Agreement in accordance with a rate schedule included in applicable Attachment A of this agreement.Requester understands and agrees to pay for the total time requested in accordance with Attachment A,unless excused or reduced by AWW in its sole discretion. 3.2.Upon completion of services,an invoice will be provided by AWW to Client. Payment is due to AWW within thirty(30)days from the invoice date.The balance of any amounts which remain unpaid more than thirty(30)days after they are due to AWW shall accrue interest at the rate of the lesser of one and one half percent(1.5%)per month or the maximum allowed under Washington law. In no event shall this interest provision be construed as a grant of permission for any payment delays. Client also agrees to pay any reasonable attorneys'fees,costs,and expenses incurred in the collection of unpaid invoices. I \,,.r V.i,h \\.i.l.lid.•ihr..1.a 'v'i%i..,,1 I.t I'UIt... 10I74 1 ho11,I,th \1 \vtl1119 `I 19 9V,•I.I hi I;r1i':rd lantt.n) IIIiii • • 4. Termination. This Agreement may be terminated by either Party hereto upon written notice delivered to the other Party at least thirty(30)days prior to the intended date of termination.In the event of termination of this Agreement,Client shall pay in accordance with Section 3 herein all reasonable costs and noncancelable obligations incurred by any Interpreter or AWW as of the date of termination. 5. Dispute Resolution. Parties agree to discuss disputes prior to any action being initiated. Parties shall bear the costs of their own litigation or other resolution mechanisms. Venue shall be in Spokane County,with jurisdiction in the State of Washington.The terms of this Section shall survive expiration or other termination of this Agreement. 6. Indemnification. Neither Party shall be liable for any injury to any person or for any loss of or damage to any property occurring from any cause whatsoever,other than negligence or willful misconduct on the part of the Party,its officers or employees.Each Party shall indemnify,defend and hold harmless the other Party,and its officers,agents,and employees from all losses, damages,fines,penalties,liabilities and expenses(including their personnel and overhead costs and attorney's fees and other costs) incurred in connection with such claims.AWW shall not be held liable for failure or delay in performing its obligations or any loss or other damage that result or are alleged to have resulted from acts of God or other circumstances beyond its reasonable control. 8. Insurance. The Parties shall,at their own expense,maintain in effect throughout the Agreement sufficient insurance to compensate for loss occurring from activities under this Agreement. 9. Relationship of Parties.No provision of this Agreement is intended or deemed to create any relationship between the Parties hereto other than that of independent entities contracting with each other solely for the purpose of effecting the provisions of this Agreement. Neither of the Parties hereto,nor any of their respective employees,shall be construed to be the agent, employer,representative,joint venture,or partner of the other. 10. Assignment and Subcontracting. The work to be provided under this Agreement is not assignable,delegable or subject to subcontract by either Party without the written consent of the other Party.This provision shall not be interpreted to prevent AWW from referring Interpreters or interpreter organization to Client. Miscellaneous 10.1.This Agreement and its attachments contains all the terms and conditions agreed to between the Parties.No understandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 10.2.Exhibits and attachments, if any,shall be incorporated as if fully set forth herein. �� •. \\Ilti\\ui,l I,w t10.•t,i i.r I,. ., I I ( I,%k‘,I:11,, \\',\v')III') I Ito i I%) 10.3. 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 the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the invalid portion. If it should appear that any part, term or provision conflicts with statutes or law, the Agreement shall be modified to conform to such statutory provision, or other law. 10.4. The headings are for convenience only and do not in any way limit or affect the terms and provisions hereof. 10.5. Any notice under this Agreement shall be sent by regular or overnight mail with return receipt requested to the Parties at the address identified in this Agreement. 10.6. Parties shall comply with state or federal law or regulation applicable to them that governs the privacy and security of protected health or other client information. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date set forth herein by their duly authorized representatives. Away With Words City of Spokane Valley Interpreter Services,_LLC Business Signed: Signed: _ _ Name: tip 11 �/ Name: Nancy Hockley Date: Q�8�2 a 20 Title: Member/Administrator Address: 10210 F Sprague. Avenue Date: Spokane Valley, WA 99206 Phone 509-720-5192_ Billing Address of client: Business Name City of Spokane Valley Address 10210 E Sprague Avenue City Spokane Valley State WA Zip Code 99206 Aluiy With Words lnterpretei Ser\lees, 1.LC PO Box 1074 C'hmelah, WA 99109 509-935-6224 I Revised January 2018) 10.3.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 the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the invalid portion. If it should appear that any part,term or provision conflicts with statutes or law,the Agreement shall be modified to conform to such statutory provision,or other law. 10.4.The headings are for convenience only and do not in any way limit or affect the terms and provisions hereof. 10.5. Any notice under this Agreement shall be sent by regular or overnight mail with return receipt requested to the Parties at the address identified in this Agreement. 10.6.Parties shall comply with state or federal law or regulation applicable to them that governs the privacy and security of protected health or other client information. IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed as of the date set forth herein by their duly authorized representatives. Away With Words City of Spokane Valley Interpreter Services,LLC Busi inness Signed: / '.��f'" Signed: Ukt j,-04% Name: ?b#-+.�' N Name: Nan�y Hockey Date: Q/B—2 d2� Title: Member/ dm'nistrator Address: 10910 F Spragiw Avi niiA Date: q re zo O Spokane Valley,WA 99206 Phone 509-720-5102 Billing Address of client: Business Name City of Spokane Valley Address 10210 E Sprague Avenue City Spokane Valley State WA Zip Code 99206 \tY,t 1•.i,h\\ ar•I'.Inn•;lu,•ir+ a,,ti.:r•. I I I i I It„y 101 1 h.w l:d, \\ \'il l(r) llh ,..41 I:1nu:1,t 'I)I;Ii Attachment A to the Interpreter Referral Services Agreement On-Site Interpreter Services Protocol and Fee Schedule Clients receiving services under the Agreement attached hereto agree to this protocol and fee schedule, unless amended in writing between the Parties. This protocol Is to be followed when requesting an on-site interpreter from AWW. I. Administrative Detail Clients shall provide the following initial information on the attached form: 1. Client name and telephone number 2. Date and time that you will need an Interpreter,and total length of assignment 3.The location: address of the assignment including specifics: the name of the building, court or clinic,the floor, room number, etc. 4.The situation: nature and format of the meeting (i.e., medical appointment, platform lecture,staff meeting,civil or criminal court case,docket number,etc.) 5. Number of participants, Deaf, Deaf-Blind, Hard of Hearing, Late Deafened and hearing 6.Special equipment to be used (i.e., microphones, overhead projectors,video, films, etc.) 7. Names of deaf participants 8. Billing Information: the name, address,and telephone number to forward our invoice 9. Name and telephone number of the contact person for Client. II. Requesting Services 1. Client shall submit service requests to AWW as early as possible, because AWW often schedules assignments 1-2 months In advance. 2. AWW will use reasonable efforts to fill your request; however, all requests are subject to the availability of appropriate interpreters. 3. AWW reserves the right to prioritize requests. 4. No request Is considered filled prior to being confirmed by the assigned Interpreter. AWW reserves the right to substitute interpreters. 5. AWW will ensure notification of the assignment to the Client only no less than ten days prior to the scheduled (or any rescheduled) day of assignment. Should AWW be unable to provide an Interpreter for a Client assignment request, AWW shall notify Client within 7 days of the assignment. Client may elect to allow AWW to continue to attempt to fill the assignment, In which case AWW will ensure notification to Client only If AWW has scheduled an interpreter for that assignment. Client shall be responsible for any communication to the Deaf or Hard of Hearing individual regarding interpreted Client activity. For requests submitted less than 10 days prior to the assignment, AWW will ensure notification within 24 hours of the assignment. 1 6. For cancellations by Client with less than 48 business hours notice of a single hour request a $65 cancellation fee will be charged. For cancellations by Client for a multiple hour request of two or more hours a $100 cancellation fee will be charged 7. For no-shows or same day cancellation the Client shall be billed by AWW to Client at 100%of the assigned time at the Agreement rate. III.After Hour Services 1. AWW After Hours Interpreter Service shall provide Client with an Interpreter to respond to after hour requests between 4:00 PM and 9:00 AM Pacific Time and on weekends and Federal holidays. 2. AWW cannot guarantee having an Interpreter immediately available in all regions at all times. AWW shall provide Client with after-hours contact information for after-hours service requests. 3. The Client shall provide the information contained in Section I of this Attachment One protocol by telephone, fax, or email at the numbers appearing on the front of this protocol. 4. The rate schedule for after hour services is contained In the Rates Section below IV. Rates 1. Calculation. Client shall pay to AWW the amount shown below per initial hour, or any portion thereof, and for each increment thereafter exceeding that first hour, beginning at 31 minutes past the hour and thereafter, and in 30 minute increments, or any portion thereof. Each hour shall begin at the scheduled time of the appointment or when the assigned interpreter arrives, whichever Is later. The one-hour minimum for providing sign language services is for a 60-minute period, or any portion of that initial sixty-minute period. The one-hour minimum plus 30 minute Increments (or any portion of the thirty-minute period) are for assignments that last beyond the one-hour minimum, regardless of what was initially projected as a total Initial contracted time. 2. Fee Schedule. AWW fees shall be based upon the following rate schedule for the Agreement period: Interpreter Service Hourly Minimum Rate General 1 hr,then'A hr increments $65 per hour Legal I hr,then'A hr increments $82.50 per hour Emergency(less than 24 hour I hour,then in half hour S70 per hour notice to AWW increments Between 5:00 PM and 11:00 PM 1 hr,then'A hr increments $65 per hour Between 11:00 PM and 7:00 AM 1"hour:$105.00,then A hr $105/$65 per hour increments at$65 per hour Performance Flat Rate of$255 per interpreter fa: up to 2 hour show,then in half hour increments at$55 per hour 2 1. Assignments Involving multiple interpreters. AWW reserves the right to determine the number of • 2. Interpreters needed to meet the assignment need. Assignments such as non-emergency Interpreting situations lasting more than one and a half(1.5) hours, interpreting groups of more than four people, workshops or other public lectures, or videotaped assignments generally require two Interpreters. Interpreting requires constant mental processing between two languages: English and sign language; a team of two interpreters working together helps to assure that all information is presented accurately throughout the assignment. 3. In addition to the contracted rate, Client shall be responsible for mileage from the Interpreters home to the assignment and back; or from assignment to assignment and back to the Interpreters home, whichever Is less, at the rate set by Jittp://www.Irs.gov, and any parking fees. Assignments in excess of 50 (one way) miles will Incur a travel time charge of 1/: the certified rate of the Interpreter per hour of travel time to be documented with Map Quest or similar online mapping tool. 4. Each assignment has an$10 admin fee per Interpreter request. V. Miscellaneous 1. It is solely the Client's responsibility to notify AWW in writing by submitting a new Interpreter Services Request Form, attached as Attachment C, Immediately upon Client's knowledge of any time, duration or date changes. Client immediate notice of changes shall also include telephone notification to our business office or after-hours number. AWW reserves the right to dishonor any untimely notifications of Client change of assignment. 2. AWW shall not contact the deaf or hard of hearing client regarding new or changed appointments. The Client shall contact the deaf or hard of hearing dlent to assure that she or he Is aware that an interpreter will be available. 3. Client shall retain all records associated with this Agreement for a period of six (6) years from the completion or earlier termination of this Agreement, for which this provision shall survive. 4. Client shall sign an AWW Interpreter Services Confirmation Record after each appointment. Such form shall be provided by the Interpreter on site. 3 Away With Words interpreter Services,LLC(Revised January 2019) 64 AWAYW(mWORD S PHONE 509-935-6224 FAX 888-779-0432 `C fit Interpreter Services Request Form MON TUE WED THUR FRI SAT SUN Date Start Time > End time r=> Total Times Requester City of Spokane Valley Phone# 509-720-5102 Client or Chris Bainbridge, City Clerk Patient Name Situation Circle One Medical Dental Legal Mental Health Social Srvs Other 11 Location Council meeting - held remotelx via Zoom Address same as below: Needed for uesday Sept 22, 6pm for about 30 min or less Billing Info: Company Name City of Spokane Valley Address 10210 F Sprague Avenue City Spokane Valley State Wa Zip 99206 Attn: For Office Use Only Interpreter j Yes No Date and Time Request Received Date: Time: Fax: Confirmed with: Date: Time: CA NOTES KD TF LL MK LS DW EW To• AWAYwrtkWC) S �J! Interpreter Services (509) 935 -6224 www.Awa.yWithWordsASL.com Thank you for your interest in Away With Words Interpreter Services, LLC. In this communication we will share with you the basics of how to schedule an American Sign Language interpreter through our company. We appreciate you taking this crucial step to facilitate communication with your Deaf or Hard of Hearing client. Attached to this email/included in this fax are the following documents: *Sample Request Form: this is an example of the form you will need to complete in order to schedule an interpreter. *New Account Information: please complete this form so we can create an account for your business. Completed forms can be emailed to awaywithwordsasl@gmail.com or faxed to 888-779-0432 *Service agreement: this document outlines what our interpreting services include and the associated fees. We appreciate your interest in scheduling one of our ASL Interpreters and will work to make your experience with us efficient and simple. We have Interpreters in the Spokane and North Idaho area as well as throughout the Northeast areas of Washington. Our seasoned, professional interpreters are certified though the Registry of Interpreters for the Deaf(RID) and carry liability insurance. We are also compliant and knowledgeable regarding the federal HIPPA laws and confidentiality requirements. By providing reliable, accurate interpreting services we hope to help you create a positive relationship with your Deaf or Hard of Hearing client. We look forward to serving you. Regards,Nancy Hockley BA, CI Member/Administrator