AGREEMENT FOR PROFESSIONAL SERVICES Interpretation Services 1. Contract Number 2. Solicitation Number 3. Financial Coding 4.
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1 AGREEMENT FOR PROFESSIONAL SERVICES Interpretation Services 1. Contract Number 2. Solicitation Number 3. Financial Coding 4. Contract Title 5. Vendor Number 6. Project/Case Number 7. Alaska Business License Number N/A This contract is between the State of Alaska, 8. Contracting Agency Alaska Court System (ACS) 9. Contractor Division Administration Mailing Address Street or P.O. Box City State ZIP ARTICLE 1. Appendices: Appendices referred to in this contract and attached to it are considered part of it. ARTICLE 2. Performance of Service: 2.1 Appendix A (General Provisions), Articles 1 through 13, governs the performance of services under this contract. 2.2 Appendix B sets forth the liability and insurance provisions of the contract. 2.3 Appendix C sets forth the services to be performed by the Contractor. ARTICLE 3. Period of Performance: The period of performance for this contract is from ARTICLE 4. Considerations: When billing the ACS, the Contractor shall send the billing to: 11. Department of Alaska Court System Mailing Address Attention: Rhonda McLeod 820 West 4 th Avenue, Anchorage, AK CONTRACTOR Name of Firm Signature of Authorized Representative Typed or Printed Name of Authorized Representative Title Date 13. CERTIFICATION: I certify that the facts herein and on supporting documents are correct, that this voucher constitutes a legal charge against funds and appropriations cited, that sufficient funds are encumbered to pay this obligation, or that there is a sufficient balance in the appropriation cited to cover this obligation. I am aware that to knowingly make or allow false entries or alternations on a public record, or knowingly destroy, mutilate, suppress, conceal, remove or otherwise impair the verity, legibility or availability of a public record constitutes tampering with public records punishable under AS Other disciplinary action may be taken up to and including dismissal. 14. CONTRACTING/ CERTIFICCATION Name of Entity Alaska Court System Signature of Administrative Director or Designee Date Typed or Printed Name of Administrative Director or Doug Wooliver Designee Title Deputy Administrative Director NOTICE: This contract has no effect until signed by the Administrative Director or designee (12/29/08) SAF.DOC BACK (12/29/08) Revised 1/12/2015
2 APPENDIX A GENERAL PROVISIONS Article 1. Inspections and Reports. 1.1 The ACS may inspect, in the manner and at reasonable times it considers appropriate, all the Contractor's facilities and activities under this contract. 1.2 The Contractor shall make progress and other reports in the manner and at the times the ACS reasonably requires. Article 2. Disputes. Any dispute arising out of this agreement shall be resolved under the laws of Alaska. Specifically, this agreement is governed by the Alaska Court System Procurement Guidelines dated September 25, 2013, and applicable administrative rules of court. Any appeal of an administrative order or any original action to enforce any provision of this agreement or to obtain any relief from or remedy in connection with this agreement may be brought only in the superior court for the State of Alaska in Anchorage. Article 3. Equal Employment Opportunity. 3.1 The Contractor may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, disability, sex, marital status, changes in marital status, pregnancy or parenthood when the reasonable demands of the position(s) do not require distinction on the basis of age, disability, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action to insure that the applicants are considered for employment and that employees are treated during employment without unlawful regard to their race, color, religion, national origin, ancestry, disability, age, sex, marital status, changes in marital status, pregnancy or parenthood. This action must include, but need not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting out the provisions of this paragraph. 3.2 The Contractor shall state, in all solicitations or advertisements for employees to work on ACS contract jobs, that it is an equal opportunity employer and that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, disability, sex, marital status, changes in marital status, pregnancy or parenthood. 3.3 The Contractor shall send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' compensation representative of the Contractor's commitments under this article and post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.4 The Contractor shall include the provisions of this article in every contract, and shall require the inclusion of these provisions in every contract entered into by any of its subcontractors, so that those provisions will be binding upon each subcontractor. For the purpose of including those provisions in a contract or subcontract, as required by this contract, Contractor and subcontractor may be changed to reflect appropriately the name or designation of the parties of the contract or subcontract. 3.5 The Contractor shall cooperate fully with ACS efforts which seek to deal with the problem of unlawful discrimination, and with all other State efforts to guarantee fair employment practices under this contract, and promptly comply with all requests and directions from the State Commission for Human Rights or any of its officers or agents relating to prevention of discriminatory employment practices.
3 3.6 Full cooperation in paragraph 4.5 includes, but is not limited to, being a witness in any proceeding involving questions of unlawful discrimination if that is requested by any official or agency of the State of Alaska; permitting employees of the Contractor to be witnesses or complainants in any proceeding involving questions of unlawful discrimination, if that is requested by any official or agency of the State of Alaska; participating in meetings; submitting periodic reports on the equal employment aspects of present and future employment; assisting inspection of the Contractor's facilities; and promptly complying with all ACS directives considered essential by ACS to insure compliance with all federal and State laws, regulations, and policies pertaining to the prevention of discriminatory employment practices. 3.7 Failure to perform under this article constitutes a material breach of contract. Article 4. Termination. The Project Director or Procurement Officer, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the ACS. The ACS is liable only for payment in accordance with the payment provisions of this contract for services rendered before the effective date of termination. Article 5. No Assignment or Delegation. The Contractor may not assign or delegate this contract, or any part of it, or any right to any of the compensation to be paid under it, except with the written consent of the Project Director or Procurement Officer. Article 6. No Additional Work or Material. No claim for additional services, not specifically provided in this contract, performed or furnished by the Contractor, will be allowed, nor may the Contractor do any work or furnish any material not covered by the contract unless the work or material is ordered in writing and approved by the Project Director or Procurement Officer. Article 7. Independent Contractor. The Contractor and any agents and employees of the Contractor act in an independent capacity and are not officers or employees or agents of the ACS in the performance of this contract. Article 8. Payment of Taxes. As a condition of performance of this contract, the Contractor shall pay all federal, State, and local taxes incurred by the Contractor and shall require their payment by any Subcontractor or any other persons in the performance of this contract. Satisfactory performance of this paragraph is a condition precedent to payment by the ACS under this contract. Article 9. Ownership of Documents. All electronic files, designs, drawings, specifications, notes, artwork, and other work developed in the performance of this agreement are produced for hire and remain the sole property of the ACS and may be used by the ACS for any other purpose without additional compensation to the Contractor. Unless otherwise directed by the ACS, the Contractor may retain copies of all the materials.
4 Article 10. Governing Law. This contract is governed by the laws of the State of Alaska. All actions concerning this contract shall be brought in the Superior Court of the State of Alaska. Article 11. Conflicting Provisions. Unless specifically amended and approved by the ACS the General Provisions of this contract supersede any provisions in other appendices. The Contractor specifically acknowledges and agrees that provisions in any form contracts it appends hereto that purport to (1) waive the ACS s sovereign immunity, or (2) impose indemnification obligations on the ACS that are not conditioned on legislative appropriation are void. Article 12. Officials Not to Benefit. The Contractor must comply with all applicable federal or State laws regulating ethical conduct of public officers and employees. Article 13. Covenant Against Contingent Fees. The Contractor warrants that no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee except employees or agencies maintained by the Contractor for the purpose of securing business. For the breach or violation of this warranty, the ACS may terminate this contract without liability or in its discretion deduct from the contract price or consideration the full amount of the commission, percentage, brokerage or contingent fee.
5 APPENDIX B INDEMNITY AND INSURANCE Article 1. Indemnification ACS shall indemnify, hold harmless, and defend the Contractor from and against any claim of, or liability for error, omission for negligent interpretation that the Contractor performs under this agreement. The Contractor shall indemnify, hold harmless, and defend the ACS from and against any claim of, or liability for error, omission or negligent act of the Contractor under this agreement, other than for negligent interpretation. The Contractor shall not be required to indemnify the ACS for a claim of, or liability for, the independent negligence of the ACS. If there is a claim of, or liability for, the joint negligent error or omission of the Contractor and the independent negligence of the ACS, the indemnification and hold harmless obligation shall be borne by ACS to the extent it relates to negligent interpretation. Otherwise, it shall be apportioned on a comparative fault basis. Contractor and ACS, as used within this and the following article, include the employees, agents and other Contractors who are directly responsible, respectively, to each. The term independent negligence is negligence other than in the ACS s selection, administration, monitoring, or controlling of the Contractor and in approving or accepting the Contractor s work. Article 2. Insurance Without limiting the Contractor's indemnification, it is agreed that the Contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the Contractor's policy contains higher limits, the ACS shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished to the ACS prior to beginning work and must provide for a notice of cancellation, nonrenewal, or material change of conditions in accordance with policy provisions. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach of this contract and shall be grounds for termination of the Contractor's services. All insurance policies shall comply with, and be issued by insurers licensed to transact the business of insurance under AS Workers' Compensation Insurance: The Contractor shall provide and maintain, for all employees engaged in work under this contract, coverage as required by AS , and; where applicable, any other statutory obligations including but not limited to Federal U.S.L. & H. and Jones Act requirements. The policy must waive subrogation against the ACS.
6 APPENDIX C SCOPE OF WORK This contract is executed between the Alaska Court System (ACS) and ( the Contractor ). The purpose of this contract is to provide interpretation services in, Alaska, for court proceedings involving Case No.. 1. Hours and Location of Performance The trial will commence on and is estimated to last, though actual trial length may be shorter or longer. A typical trial day begins at 8:00 a.m. and continues to 4:30 p. m. However, the judge may either shorten or lengthen the trial day at the judge s discretion. The Contractor is expected to arrive before the trial and coordinate, with the ACS Travel Desk at travel_desk@akcourts.us or , an expeditious departure after the judge dismisses the Contractor. 2. Compensation As stated on page 1 of this agreement, the ACS will compensate the Contractor at the flat rate of /day (all inclusive) for providing interpretation services in the courtroom. For any day during which the contractor is required to remain in but is not interpreting, the ACS will pay the Contractor only a meal per diem rate of $60/day. The Contractor will not be paid per diem during any day in which the Contractor receives the flat rate for daily interpreter services The ACS shall not be liable for any services provided by the Contractor that have not been authorized by the court. 3. Travel The Contractor will be paid $25/hour for travel time not to exceed $300/day. Travel time from (point of hire) to will commence two hours prior to the originating flight time and will end upon arrival in. Travel time for return travel to will commence upon departure from and will end two hours after the flight has landed or upon contractor s return to their residence in (whichever is less). On the day of the flight to return to, if the Contractor is required to perform interpreting services, the Contractor will be paid the daily flat rate of $, and will not be paid for travel time in addition to the daily interpreting rate.
7 In the event the trial ends earlier than scheduled, the Contractor shall immediately contact the ACS Travel Desk at or at to make travel arrangements for the return back to the Contractor s point-of-hire. Although allowable, if the Contractor opts to stay in Alaska after the trial has ended, the Contractor is personally responsible for all hotel accommodations, expenses, and all other travel costs associated with the personal travel deviation according to the State of Alaska travel policies. 4. Travel Expenses Airfare and lodging will be arranged and paid for by the ACS as follows: one, roundtrip ticket from to Alaska. The ACS will secure the best airfare available according to court system s policies. The ACS s travel desk is required to include, and the Contractor is required to provide, the Contractor s date of birth and legal name as it appears on the passport or driver s license that will be presented during flight check-in. The contact information for the Travel Desk is or travel_desk@akcourts.us. The court system will arrange and pay the costs of hotel reservations for the Contractor after airline tickets are purchased. While in court-paid lodging, the Contractor is not authorized to charge incidental expenses to their room. If charge privileges are desired, the Contractor must make arrangements for this capability with the hotelier. On the condition that the Contractor provides original receipts to the ACS, the ACS will reimburse the Contractor for one roundtrip taxi fare to/from the airport and one roundtrip taxi fare to/ from the hotel. Due to the proximity of the hotel in relationship to the court, if a taxi is needed for travel between the hotel and the courthouse on trial days, the ACS will reimburse the Contractor, on condition that the Contractor provides original receipts for these fares to the ACS. The Contractor is responsible for any taxi fares incurred for personal trips. The ACS will also pay baggage fees for up to two (2) checked bags and airport parking, on the condition that the Contractor provides the original receipts to the ACS. Mileage for travel to/from the Contractor s residence to airport will be reimbursed at $0.56/mile or the allowable IRS rate in effect on Cancelations and Delays 5.1 Weather or Airline Mechanical Issues In the event of weather-related or mechanical delays preventing the Contractor from travelling to the, Alaska courthouse as scheduled, the Contractor will immediately notify at and by at. On the return flight, in the event of weather or mechanical delays, the Contractor will remain in travel status and paid in accordance with provisions outlined in Section 3 of this contract until the Contractor arrives in, Alaska. In the event that weather or mechanical delays prevent an expeditious return to the Contractor s point-ofhire, the Contractor will receive the stand-by pay at the rate of $25/hour not to exceed $300/day, and the daily per diem rate until such time as travel can be commenced. Once travel is commenced, the Contractor will be compensated in accordance with the provisions outlined in Section 3 of this contract.
8 5.2 Court-related Issues Cancellation or Rescheduling Should the trial be cancelled or rescheduled within 24 hours prior to the Contractor s scheduled departure time from, the Contractor will be paid for one trial day. Should the trial be cancelled or rescheduled after the Contractor arrives in but prior to the start of the trial, the Contractor will be paid for travel time and one trial day. Early Termination If the trial ends earlier than scheduled, the Contractor will receive interpreter fees for only those days when interpreter services are provided. Additionally, beginning the first day during which no interpreter services are provided, the ACS will pay the contractor the stand-by rate of $25 /hour not to exceed $300/day and the daily per diem rate until such time as the contractor is able to commence travel back to his or her place of hire. Travel is to be arranged in accordance with the procedure set out in Section 3 of this contract. 6. Contractor Performance 6.1 Illness and Personal Emergencies If the Contractor does not report to the court for an assignment for any reason other than those described in Section 5, the interpreter will not receive any compensation for the assignment. The interpreter may also be held responsible for travel fees incurred by the ACS. If the Contractor reports for an assignment but is unable to complete the assignment due to illness or personal emergency, the Contractor will be paid for only the interpreting services rendered prior to the inability to interpret due to illness or personal emergency. As is practical, the ACS will make the necessary arrangements for Contractor s expeditious return to the airport closest to the Contractor s residence. 6.2 Dismissal Due to Ethical Violations In the event the Contractor is dismissed by the court for non-compliance with the Code of Professional Responsibility for Interpreters of the Judiciary, or non-compliance with court instructions and/or orders, the Contractor will be paid for only interpreter services performed up to the time of dismissal. The ACS Travel Desk will make arrangements for the Contractor to return to. 6.3 Team Interpreting If the Contractor is performing interpreting services with a second Contractor (team interpreting) and the second Contractor is dismissed by the judicial officer, or is for any other reason unable to perform their interpreter duties, the Contractor s compensation may be adjusted following consultation with. In such an event, a change to the rate of compensation will be addressed by an addendum to this contract.
9 7. Selection of Subcontractors In the event that the Contractor uses, a subcontractor or person other than herself/himself to perform the services required in this agreement, the Contractor will (1) provide a current resume describing the qualifications/credentials of the proposed subcontractor to the Administrative Director or designee; and (2) obtain the prior approval of the Administrative Director or designee. Approval to use substitute contractors will not be unreasonably withheld.
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