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HomeMy WebLinkAbout20042937.tiff RESOLUTION RE: APPROVE AGREEMENT RELATING TO THE EMPLOYMENT OF PROFESSIONAL SIGN LANGUAGE INTERPRETING SERVICES AND AUTHORIZE CHAIR TO SIGN - PROFESSIONAL SIGN LANGUAGE INTERPRETING INCORPORATED WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with an Agreement relating to the Employment of Professional Sign Language Interpreting Services between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Assessor's Office,and Professional Sign Language Interpreting Incorporated,with further terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Agreement relating to the Employment of Professional Sign Language Interpreting Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,on behalf of the Assessor's Office, and Professional Sign Language Interpreting Incorporated be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 4th day of October, A.D., 2004. • BOARD OF COUNTY COMMISSIONERS E L WE COUNTY, COLORADO illaAil 1861 Robert D. Masden, Chair I k to the Board William H. rke, Pro-Tem `D puty Clerk to the Board / ,2r ,h_,-. M. J. eile APPROV AS TO F . EXCUSED Davida Long ounty ttorn@y 4;1(dct t .� Date of signature: r Glenn Vaad 2004-2937 AS0056 <r /9s, i C_.ZT 2 -01-ay AGREEMENT RELATING TO THE EMPLOYMENT OF PROFESSIONAL SIGN LANGUAGE INTERPRETING INCORPORATED This Agreement Relating to the Employntgnt of Professional Sign Language Interpreting Incorporated (hereinafter "Agreement") is made and entered into this 4, day of eekhpl', 2004, by and between Professional Sign Language Interpreting Incorporated, a Colorado corporation, (hereinafter "PSLI, Inc.") and between the Board of County Commissioners of the County of Weld, State of Colorado, on behalf of the WELD COUNTY ASSESSOR (hereinafter "Assessor''). PSLI, Inc. provides interpreting services that facilitate the communication between the deaf and the hearing communities. The purpose of this Agreement is to set forth the Terms and Conditions pursuant to which PSLI, Inc. will provide interpreters for Assessor. The Agreement will serve as an Agreement for all the services which PSLI, Inc. will be contracted for by Assessor. This Agreement contains the entire contract between the parties, and any modification to be valid must be done in writing and signed by both parties. Assessor agrees to provide a contact person who will have legal authority to authorize payments for services rendered by PSI.I, Inc. PSLI, Inc. will be notified immediately of any changes such personnel so that the communication between PSLI, Inc. and Assessor will at all times during the term of this Agreement be consistent and unimpaired. It is understood that PSLI, Inc. is an independent contractor and as such is solely and entirely responsible for its acts and the acts of its agents, employees and servants during the performance of this contract. PSLI. Inc. will not hold itself out to the public as being an employee of Assessor. Assessor is interested only in the results to be achieved and the conduct and control of the work will lie solely with PSLI, Inc. As an independent contractor, PSLI, Inc. will have, and hereby acknowledges full responsibility for, the keeping of personal financial records with respect to its activities. This includes tiling of all appropriate federal, state and local tax returns; full payment of all taxes on any monies paid pursuant to this contract; the payment of all unemployment taxes, both state and federal; and payment of all workman's compensation insurance premiums. Assessor will have no responsibility for the filing and payment of any of these items. In the signing of this Agreement, Assessor agrees to pay all invoices pursuant to the Terms and Conditions as contained in the Agreement. In the event that there is a dispute between the parties in regard to the payment of any invoice or any other matter concerning the employment of PSLI, Inc. the prevailing party shall, in addition to any other relief, be entitled to recover attorney fees, costs and other necessary expenses. Assessor shall have access to PSLI, Inc.'s financial records for the purposes of audit to the extent that such financial records relate to the work performed by PSLI, Inc., pursuant to this Agreement. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. The term of this Agreement shall be from the date of signature hereunder through and until December 31. 2004. and shall be renewed automatically for successive one year periods thereafter unless terminated sooner by either of the parties. Either party may terminate this Agreement at any time by providing the other party with a 10-day written notice thereof Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. No portion of this Agreement shall be deemed to constitute a waiver of any immunities of the Assessor or its officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons other than the Assessor and not a party to this Agreement. PSLI, Inc. and Assessor agree that the following Terms and Conditions are understood and agreed to by both parties: TERMS AND CONDITIONS Rates: 1. Regular Rate: $50.00 per hour per interpreter. One hour minimum. 2. Legal Assignments: $85.00 per hour per interpreter. One hour minimum. Legal settings include but are not limited to court proceedings, pre-trial services, any meeting with a law enforcement agent. probation/parole hearings and meetings, correctional facilities, attorney/client meetings, depositions, social service interviews, court ordered services, public hearings, grievance hearings, any legal contract negotiations/meetings and quasi-administrative hearings. 3. Drive Time Rate: 1) Denver Metro Area: One-half hour of drive time at the hourly rate being charged for the job. 2) Boulder, Longmont, Castle Rock and other areas with similar distance outside the Denver Metro Area —One hour of drive time at the hourly rate being charged for the job. 3) All other outlying areas i.e. Colorado Springs, Greeley, Ft. Morgan etc. are charged for actual drive time originating from downtown Denver at the hourly rate being charged for the job. 4. Late Booking Surcharge: A $20.00 fee is charged for all requests received less than 48 hours in advance. A $30.00 fee is charged for all requests received less than 24 hours in advance. 5. Extended Assignments: Assignments exceeding two (2) hours in length require a team of two (2) interpreters. Assignments scheduled for two (2) hours or less may still require a team of interpreters. The 1 2004-2937 decision regarding the number of interpreters necessary for a job is decided at the sole discretion of the interpreter coordinator/scheduler. 6. Jury Duty: These assignments require a minimum two (2) day charge. 7. Municipal Court Trials: These assignments are charged a two(2) hour minimum at the legal rate. 8. Hospital Emergency(After Hours) Rate: $150.00 per hour. One hour minimum. After hours include 4:30 pm to 8:00 am Monday through Thursday and weekends beginning Friday at 4:30 pm through Monday 8:00 am. Emergencies incur a single$150 drive time fee. 9. Federal Holiday Rate: All assignments will be billed at double the aforementioned rates. Drive time rates are also doubled on federal holidays. Federal holidays include New Year's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day, Christmas Eve after 5 pm and Christmas Day. Billing: 1. Scheduled Interpreting Time: Assignments are charged for the full amount of time scheduled. 2. Assignments that exceed the scheduled time are charged in one-half hour increments. 3. PSLI, Inc. does not guarantee that the interpreter can stay longer than the scheduled time. The interpreter will make the final decision based upon their schedule. Changes in Assignments: 1. The interpreter has accepted the assignment based on the scheduled information. Upon arrival, if any changes are made, they must be pre-approved by the PSLI, Inc. office, the requesting party and the interpreter. 2. The PSLI, Inc. interpreter shall have sole and absolute discretion to either accept or reject the changed assignment. 3. The hiring party is responsible to pay in full for the scheduled time even if the PSLI, Inc. interpreter rejects the changed assignment. Cancellations: I. Cancellations received less than 48 hours in advance of the scheduled assignment are charged for the full time scheduled minus drive time. 2. Cancellations received less than 2 hours in advance of the scheduled assignment are charged for the full time scheduled including drive time. 3. Assignments scheduled for Tuesday must be cancelled by the previous Friday. Assignments scheduled for Monday, Wednesday, Thursday and Friday must be cancelled 48 hours in advance of the scheduled assignment. 4. A deaf person failing to appear for the scheduled appointment is a cancellation and the assignment is subject to the appropriate charges. Costs To Be Included in Billing: I. Parking and other incidentals. Finance Charges: 1. Invoices are sent to the responsible party and are due and payable in full within thirty (30) days of the date of the invoice. 2. A finance charge of 15 % APR is assessed on all invoices not paid within the thirty (30) day period, minimum$5.00. 3. All checks returned to PSLI, Inc.by the bank for any reason are assessed a $25.00 charge. 4. Payment on an invoice may be made by check, Visa,Mastercard, AMEX or electronic transfer of funds. Premium Rates: 1. Scheduled assignments occurring between the hours of 7:00 pm and 7:00 am, and any time on Saturday or Sunday, are charged at time and a half. Travel time is subject to the time and a half charge. Waiting Time: 1. If a client is late, the interpreter waits 15 minutes for each hour scheduled up to a maximum wait of one hour: 1) one hour of scheduled time=a 15 minute wait. 2) two hours of scheduled time=a 30 minute wait. 3) four hours of scheduled time= a one hour wait. -Facsimile signatures of the parties to this Agreement will be considered"original signatures"as long as all parties to the Agreement have properly signed. -This Agreement shall be governed by the laws of the State of Colorado. -Rates are subject to change without prior notice. 2 tee Signed this q of c ,2004. PROFESSIONAL SIGN LANGUAGE INTERPRETING, INC. �� BY: Ati 444.L.. f/� E'� Title: ?ke, ,( etQ , ic 861 tip ,c,‘� �! ST A6/141-444 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, on t e and behalf of the WELD COUNTY ASSESSOR By C� .. . I. UP - Deputy Clerk to the Board _ Robert D. Masden, -- Chairman OCT 0 4 2004 3 °looy•,;173 t Hello