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HomeMy WebLinkAbout20242820.tiffRESOLUTION RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR LANGUAGE TRANSLATION AND INTERPRETATION SERVICES, AND AUTHORIZE CHAIR TO SIGN - FRANCISCA READY 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 Professional Services Agreement for Language Translation and Interpretation Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and Francisca Ready, commencing September 23, 2024, and ending September 22, 2025, 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 Professional Services Agreement for Language Translation and Interpretation Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and Francisca Ready, 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 23rd day of October, A.D., 2024, nunc pro tunc September 23, 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTYCQLORADO ATTEST: tf7)..A) Weld County Clerk to the Board BY: Deputy Clerk to the Bo APEROVED CoutSt'Atforney Date of signature: I O1Z41!I 74 Kevin D. Ross, Chair 5Oe-e,ek Perry L. Back, Pro-Tem 'r -' ike Freeman cott K. James 25744". •Lori Saine cc •.1-t S D ►t/S 024 2024-2820 HR0096 Cbrka c-k-1DSl -c 1 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Professional Services Agreement for Language Interpretation with Francisca Ready DEPARTMENT: Human Services DATE: October 8, 2024 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The Department is requesting to enter into a Professional Services Agreement (PSA) with Francisca Ready for the purpose of Chuukese Language Interpretation Services. The term of this agreement is September 23, 2024 through September 22, 2025 and may be extended annually upon written agreement of both parties. What options exist for the Board? • Approval of the PSA with Francisca Ready. • Deny approval of the PSA with Francisca Ready. Consequences: There will not bean agreement for Chuukese language interpretation services with Francisca Ready. Impacts: Weld County Department of Human Services staff will not be able to utilize language interpretation services through Francisca Ready. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): • Total cost: $26.75 per hour for interpretation services. • Funded through Child Welfare Block Funding. Recommendation: • Approval of the Professional Services Agreement and authorize the Chair to sign. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine /7 Pass -Around Memorandum; October 8, 2024 — CMS ID 8767 2024-2820 0/�3 14 V4)C9 co WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY AND FRANCISCA READY VCI THIS AGREEMENT is made and entered into this '7 3 day of Odt b'C V , 2024, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Francisca Ready, whose address is 2129 28th Avenue, Greeley, Colorado 80634, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor as an Independent Contractor to perform services as more particularly set forth below; and WHEREAS, Contractor has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A, Scope of Services and Exhibit B, Rate Schedule, which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. 2. Service or Work. Contractor agrees to provide the materials, equipment and/or products necessary for the outlined Scope of Work and further agrees to diligently provide all services and labor, as set forth in Exhibits A and B. 3. Term. The term of this Agreement shall be from September 23, 2024, through September 22, 2025, or Contractor's completion of the responsibilities described in Exhibit A. This Agreement may be extended annually upon written agreement of both parties. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing and signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. County agrees to pay an amount no greater than $26.75 per hour, as outlined on Exhibit B for the term of this Agreement, as set forth in Paragraph 3. County agrees to pay Contractor through an invoice process during the course of this Agreement in accordance with the Rate Schedule as described in Exhibit B. Contractor agrees to submit invoices which detail the work completed by 1 Contractor. The County will review each invoice and if it agrees Contractor has completed the invoiced items to the County's satisfaction, it will remit payment to Contractor. Contractor agrees to work within the confines of the Scope of Services outlined in Exhibit A. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non - confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL" However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such 2 confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Contractor shall procure at least the minimum amount of automobile liability insurance required by the State of Colorado for the use of any personal vehicle. Proof of said automobile liability insurance shall be provided to County prior to the performance of any services under this Agreement. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 3 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 22. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 24. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 25. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 26. Force Majeure. Neither the Contractor nor the County shall be liable for any delay in, or failure of performance of, any covenant or promise contained in this Agreement, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to extent that, such delay or failure is caused by "force majeure." As used in this Agreement, "force majeure" means acts of God, acts of the public enemy, unusually severe weather, fires, floods, epidemics, quarantines, strikes, labor disputes and freight embargoes, to the extent such events were not the result of, or were not aggravated by, the acts or omissions of the non -performing or delayed party. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that 4 any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 32. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 5 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: BY: ddetiwo XL:4, BOARD OF COUNTY COMMISSIONERS Clerk to the Board '" ./4 WELD COUN Deputy Clerk to the Boar CONTRACTOR: 6 7c 0 vin D. Ross, Chair OCT 2 3 2024 Francisca Ready 2129 28th Avenue Greeley, Colorado 80634 By: Franci a Ready (Oct 7, 202410:57 MDT) Francisca Ready Date: Oct 7, 2024 ZGZL}- 272O EXHIBIT A SCOPE OF SERVICES The County uses the Contractor, Francisca Ready, to provide client interpretation services at an agreed upon meeting location. The Contractor will provide interpretation services in Chuukese for Weld County Department of Human Services (WCDHS) clients based on their unique needs. This service provides additional interpretation accommodation for WCDHS clients to help make sure they have access to services which they may not have access to if this service was not provided. 1) The Contractor will, at the time of entering into this Agreement, possess the language skills to be able to interpret spoken language to English and vice versa. 2) Responsibilities of the Contractor: a. Become familiar with, and follow, all State and Federal rules and regulations applicable to the services provided under this Agreement. b. Interpret spoken and written materials for any client working with the WCDHS. c. Respond to requests for interpretation within 48 hours of the request being made, provided the request is made during the regular work week (Monday — Friday 8:00am — 3:00pm). d. Record time spent providing interpretation for clients of WCDHS and provide invoices, including detailed client information, for time spent at the end of each month. e. Discontinue interpretation at any point if the situation is beyond the Contractor's level of knowledge. f. Maintain strict confidentiality of protected client information. 3) Responsibilities of the County: a. Reimburse the Contractor for the hours spent assisting with client needs. b. Provide Contractor with the date, time, and location when interpretation is needed. c. Respect the Contractor's wishes to discontinue interpretation if the client is known to the Contractor. 4) Expected Outcomes County intends to contract for the following service types: 1. Phone Interpretation: three-way calling between interpreter, an English-speaking County staff member, and the County's non-English speaking client. 2. In -person Interpretation: Interpreter shall be on -site to meet with an English- speaking County staff member, and the County's non-English speaking client. In conjunction with the requirements and service types listed above, Contractor agrees to provide all quality level of services as communicated in the Contractor's proposal included in Exhibit A — Scope of Services and Exhibit B — Rate Schedule, listed in the following pages. EXHIBIT B RATE SCHEDULE 1) Funding and Method of Payment a The County agrees to reimburse the Contractor in consideration of the work and services performed under this Agreement at the rate specified in Paragraph 2, below The total amount to be paid to the Contractor during the term of this Agreement shall be reported by the County after December 31, 2024 b Expenses incurred by the Contractor prior to the term of this agreement are not eligible expenditures and shall not be reimbursed by the County c Payment pursuant to this Agreement, whether in whole or in part, is subject to and contingent upon the continuing availability of said funds for the purposes hereof If said funds, or any part thereof, become unavailable as determined by the County, County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice, or amend accordingly 2) Fees for Services _ a Services rendered will be reimbursed at $5. per hour 3) Submittal of Vouchers a Contractor shall prepare and submit an invoice to the County at the end of the month in which the services were performed to certify that the services authorized were provided on the date(s) indicated and the charges made were pursuant to the terms and conditions of Exhibit A b Vendor must include the following detail on invoices in order to be paid for services Name of individual ii Dates of Service iii For services paid in 15 -minute increments, invoice must show the amount of time services were provided in hours or 15 -minute increments iv Rate per 15 -minute increment or Rate per hour v Total Amount Due .r choosing Shelter Insurance®. ce II) cards by cutting on the solid lines. Colorado Automobile Insurance Identification Card r vehicle for This evidence of insurance must be carried i In the Insured production up 1 -800 -SHELTER (743-5837) Shelter Mutual Insurance Company Columbia MO 65218-0001 1817 W Broadway (970) 674-8757 Agent: PAUL DOVENBARCER INS AGCY INC e for -5837) g-0001 S-8757 U2024 53556 Thu Sep 12 10:53:07 CDT 2024 Policy No: 05-1-10736907-10 Effective Date: R/22/2024 IOT SPORT 2WD 4D 2014 JEEP PATRIOT NAIC # 23388 ALBERT, PLEASE & READY, FRANCISCA COP -3 Expiration Date: 10/22/2024 VIN: 1C4N3PBA9ED653556 ir vehicle and carry the other card with you. ;LTER (743-5837) or visit Shelterinsurance.com. ted Roadside assistance provided by Agero is �ional premium. If selec � iisit Shelterinsurance.comlRoadAssist for information. a copy of Your ID cards at any time using a My Shelter Account at SIGNATURE REQUESTED: Weld/Ready, Francisca Professional Services Agreement Final Audit Report 2024-10-07 Created: 2024-10-07 By: Windy Luna (wluna@weld.gov) Status: Signed Transaction ID: CBJCHBCAABAAb4jbuad0QcsF0McSWznUEcsiooxxgXo2 "SIGNATURE REQUESTED: Weld/Ready, Francisca Profession al Services Agreement" History 5 Document created by Windy Luna (wluna@weld.gov) 2024-10-07 - 4:13:42 PM GMT- IP address: 204.133.39.9 E7 Document emailed to readyfrancisca@gmail.com for signature 2024-10-07 - 4:14:33 PM GMT Email viewed by readyfrancisca@gmail.com 2024-10-07 - 4:55:53 PM GMT- IP address: 74.125.215.73 de Signer readyfrancisca@gmail.com entered name at signing as Francisca Ready 2024-10-07 - 4:57:53 PM GMT- IP address: 75.70.137.165 de Document e -signed by Francisca Ready (readyfrancisca@gmail.com) Signature Date: 2024-10-07 - 4:57:55 PM GMT - Time Source: server- IP address: 75.70.137.165 0 Agreement completed. 2024-10-07 - 4:57:55 PM GMT Powered by Adobe Acrobat Sign Contract Form Entity Information Entity Name * READY, FRANCISCA Entity ID* @00049112 O New Entity? Contract Name* Contract ID READY, FRANCISCA NEW PROFESSIONAL SERVICES 8767 AGREEMENT FOR LANGUAGE INTERPRETATION Contract Status CTB REVIEW Contract Lead * WLUNA Contract Lead Email wluna@weld.gov;cobbxxl k@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * NEW PROFESSIONAL SERVICES AGREEMENT FOR THE PURPOSE OF CHUUKESE LANGUAGE INTERPRETATION SERVICES. TERM 09/23/2024 THROUGH 09/22/2025. RATE $26.75 PER HOUR. Contract Description 2 PA WILL ROUTE WITH THIS ONBASE/CMS ENTRY. Contract Type AGREEMENT Amount* $0.00 Renewable * NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date HUMAN SERVICES Date* 10/12/2024 10/16/2024 Department Email CM- HumanServices@weld.gov Department Head Email CM-HumanServices- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 07/22/2025 Committed Delivery Date Renewal Date Expiration Date* 09/22/2025 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head CHERYL PATTELLI DH Approved Date 10/15/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/23/2024 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 10/15/2024 10/16/2024 Tyler Ref* AG102324 Originator WLUNA Hello