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HomeMy WebLinkAbout20030022.tiff RESOLUTION RE: APPROVE AGREEMENT FOR INTERPRETATION/TRANSLATION SERVICES FOR JUVENILE DIVERSION PROGRAM AND AUTHORIZE CHAIR TO SIGN - PATRICIA FIORE SPROCK, DBA SENDAS COMMUNICATIONS, LLC 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 a Agreement for Interpretation/ Translation Services for the Juvenile Diversion Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney of the 19th Judicial District, and Patricia Fiore Sprock, dba Sendas Communications, LLC, commencing January 1, 2003, and ending December 31, 2003, 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 for Interpretation/Translation Services for the Juvenile Diversion Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney of the 19th Judicial District, and Patricia Fiore Sprock, dba Sendas Communications, LLC, 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 6th day of January, A.D., 2003, nunc pro tunc January 1, 2003. BOARD OF COUNTY COMMISSIONERS WEL OUNTY,, C�OLORA O ATTEST: 4 AD/ > i� J '�� i cy g `+( d avi E. Long, Getiair Weld County Clerk t he sk? IQ & �, n €/ . - • j,., i : Robert D. Masden, Pro-Tem BY: . Deputy Clerk to the Board EXCUSED M. J. Geile A D AS TO FO / 2 , ✓� William H. Jerke ounty t ne Glenn Vaad Date of signature: VO 2003-0022 00 DPI DA0018 AGREEMENT FOR INTERPRETATION/TRANSLATION SERVICES FOR WELD COUNTY JUVENILE DIVERSION PROGRAM THIS AGREEMENT is made and entered into this day of December, 2002, by and between the Board of County Commissioners of the County of Weld, State of Colorado, on behalf of the District Attorney of the 19th Judicial District Juvenile Diversion Program, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Juvenile Diversion Program," and Patricia Fiore Sprock, D/B/A Sendas Communications, LLC, whose address is 1338 51Ss Avenue Court, Greeley, Colorado 80634-2119, hereinafter referred to as "Interpreter/Translator." WITNESSETH: WHEREAS, the Juvenile Diversion Program provides counseling-type services to juveniles who are in trouble with the law, and WHEREAS, Juvenile Diversion is in need of interpretation and translation to assist the Juvenile Diversion Program in providing services to juveniles, and WHEREAS, Interpreter/Translator has time available to devote to such work at the hourly rate which is set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM: The term of this Agreement shall be from January 1, 2003, through and until December 31, 2003. 2. SERVICES PROVIDED BY INTERPRETER/TRANSLATOR: Interpreter/Translator agrees to provide interpretation/translation services for persons involved in the Juvenile Diversion Program on an"as needed"basis as determined by the Program staff. 3. COMPENSATION: Juvenile Diversion agrees to pay Interpreter/Translator for all of her services performed pursuant to this Agreement at the rate of$30.00 per hour(min. of one and one half hour) and/or$15.00 (flat rate)per phone call. Translation fee is $.30 per word into target language (due to technical vocab.). Interpreter/Translator agrees to bill Juvenile Diversion for all such services on a monthly basis. The parties agree that the hourly compensation as contemplated herein shall constitute the entire amount of compensation due to Interpreter/Translator for any work performed hereunder. Interpreter/Translator shall not be entitled to the payment of any additional expenses, including, but not limited to, travel expenses, overhead, and daily expenses. The cap for the amount of money which may be spent by Juvenile Diversion in 2003 for all Page 1 of 3 2003-0022 interpretation/translation services (by Interpreter/Translator and others) shall be $5,000.00. 4. INDEPENDENT CONTRACTOR: Interpreter/Translator agrees that he or she is an independent contractor and she will not become an employee of the District Attorney, nor is he or she entitled to any employee benefits as a District Attorney, Juvenile Diversion employee as a result of the execution of this Agreement. 5. INDEMNIFICATION: Interpreter/Translator shall indemnify District Attorney, Juvenile Diversion Program, its officers and employees, against liability for injury or damage caused by any negligent act or omission by Interpreter/Translator in the performance of this Agreement and shall hold the District Attorney harmless from any loss occasioned as a result of the performance of this Agreement. 6. NON-ASSIGNMENT: Interpreter/Translator may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of the District Attorney. District Attorney acknowledges that Interpreter/Translator may at times be unavailable to perform the services contemplated herein, or have a conflict with the person(s) receiving such services, where the conflict renders the Interpreter/Translator unable to perform the services. hi such event, Interpreter/Translator intends to arrange for Moraima Nevarez to perform the services in accordance with the terms of this Agreement. Payment for such services by Ms. Nevarez shall be made according to the provisions of paragraph 3., herein, with Interpreter/Translator billing District Attorney for services performed by Ms. Nevarez and then, in turn, paying Ms. Nevarez from the amounts received from District Attorney for such bills. District Attorney consents to such periodic provision of services by Ms. Nevarez. 7. ACCESS TO RECORDS: District Attorney shall have access to Interpreter/Translator's financial records for the purposes of audit. 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. 8. TERMINATION: 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. 9. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement. Page 2 of 3 10. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both parties. 11. NON-APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on the part of the District Attorney to expend funds not otherwise appropriated in each succeeding year. 12. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities of the District Attorney 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 District Attorney and not a party to this Agreement. 13. CANCELLATION: Either party hereto may cancel a scheduled appointment with 24 hour notice; no fee to be assessed by Interpreter/Translator. Any cancellation by Juvenile Diversion with less than 24 hours notice for a scheduled appointment will result in payment to Interpreter/Translator of$45.00. If Interpreter/Translator needs to cancel a scheduled appointment, she will make every effort to contact the client by telephone to inform him or her of the cancellation and to reschedule the same. IN WITNESS WHEREOF, the parties hereto have signed the date and year set forth above. ATTEST: iateli BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOA F '1O OF WELD COUNTY, COLORADO, on COUNTY COMMISSI �' '' behalf of THE 19TH JUDICIAL DISTRICT ATTORNEY'S JUVENILE DIVERSION ? yy PROGRAM AiNer BY: BY: a Deputy Clerk to the Board David E. Long, Chai }71/06/03) INTERPRETER/TRANSLATOR: Patricia Fiore Sprock Page 3 of 3 2X.23- Hello