HomeMy WebLinkAbout20190711.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL INTERPRETATION SERVICES
(DEAF AND HARD OF HEARING) AND AUTHORIZE CHAIR TO SIGN - 24 HOUR SIGN
LANGUAGE SERVICES, INC.
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 for Professional
Interpretation Services (Deaf and Hard of Hearing) 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 24 Hour Sign Language Services, Inc., commencing
January 1, 2019, and ending December 31, 2019, 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 Professional Interpretation Services (Deaf and Hard of
Hearing) 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 24 Hour
Sign Language Services, Inc., 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 13th day of February, A.D., 2019, nunc pro tunc January 1, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL RADO
ATTEST: di:av,
Weld County Clerk to the Board
BY: I
Deputy CI rk to the Board
ounty A torney
Date of signature: 2'21-1c1
( 3
rbara Kirkmeyer, CChair
Mike Freeman, Pro
-Tern
Steve Moreno
C,C ; \\SO
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2019-0711
HR0090
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PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: December 11, 2018
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Agreement for Professional Services with 24 Hour
Sign Language Services, Inc.
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Department's Agreement for Professional Services with 24
Hour Sign Language Services, Inc. The Department has contracted with 24 Hour Sign
Language Services, Inc., for several years to provide sign language interpretation for hearing
impaired clients. For 2019, Daytime Fees and Travel Fees increased by $5.00/hour, the Last -
Minute Request Fee increased by $25.00, and the Video Remote Interpreting (VRI) Pre -
Scheduled Request increased by $1.00/minute. Additionally, the VRI On -Demand Request is no
longer available under the agreement. The 2019 rate schedule is attached.
The term of the agreement shall be from January 1, 2019, through December 31, 2019.
I do not recommend a Work Session. I recommend approval of this Agreement.
Approve Schedule
Recommendation Work Session
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro-Tem /
Steve Moreno, Chair
Other/Comments:
2019-0711
Pass -Around Memorandum; December 11, 2018 — ID 2314
2/i 3
Page 1
VkkeO:1O
Contmt t (b 1 3iy
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made by and between the Board of Weld County Commissioners, on behalf of the
Weld County Department of Human Services, whose address is P.O. Box A, Greeley, Colorado, 80632 ("Human
Services"), and 24 Hour Sign Language Services, Inc., whose address is P.O. Box 249, Milliken, Colorado 80543
("Contractor").
WHEREAS, Human Services desires to retain Contractor as an independent contractor to perform services
as more particularly set forth below; and
WHEREAS, Contractor has the 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. Engagement of Contractor. Human Services hereby retains Contractor, and Contractor hereby accepts
engagement by Human Services upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from January 1, 2019, through and until December 31, 2019.
3. Services to be Performed. Contractor agrees to perform the Services listed or referred to in Exhibit A,
attached hereto and incorporated herein.
4. Compensation. Human Services agrees to pay Contractor for services performed as set forth on Exhibit A.
Contractor shall not be paid any other expenses unless set forth in this Agreement. Payment to Contractor will
be made only upon presentation of a proper claim by Contractor, itemizing services performed and mileage
expense incurred.
5. Additional Work. In the event Human Services shall require changes in the scope, character, or
complexity of the work to be performed, and said changes cause an increase or decrease in the time required or
the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be
negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement.
Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any
work covered in the anticipated supplemental Agreement. Any change in work made without such prior
supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement.
6. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither
Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of Human
Services for any purpose. Contractor shall have no authorization, express or implied, to bind Human Services
to any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of
Human Services, nor is Contractor entitled to any employee benefits from Human Services as a result of the
execution of this Agreement.
7. Warranty. Contractor warrants that services performed under this Agreement will be performed in a
manner consistent with the professional standards governing such services and the provisions of this Agreement.
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8. Reports Human Services Property. All reports, test results and all other tangible materials 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 Human Services. Contractor shall not make use of such material for
purposes other than in connection with this Agreement without prior written approval of Human Services.
9. Acceptance of Product not Waiver. Upon completion of the work, Contractor shall submit to Human
Services originals of all test results, reports, etc., generated during completion of this work. Acceptance by
Human Services of reports and incidental material furnished under this Agreement shall not in any way relieve
Contractor of responsibility for the quality and accuracy of the work. Acceptance by Human Services of, or
payment for, any services performed under this Agreement shall not be construed as a waiver of any of Human
Services' rights under this Agreement or under the law generally.
10. Insurance and Indemnification. Contractor shall defend and indemnify Human Services, its officers and
agents, from and against loss or liability arising from Contractor's acts, errors or omissions in seeking to
perform its obligations under this Agreement. Contractor shall provide necessary workers' compensation
insurance at Contractor's own cost and expense. Contract Professionals must secure, at or before the time of
execution of any agreement or commencement of any work, the following insurance covering all goods or
services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in
force at all times during the term of the Agreement, or any extension thereof, and during any warranty period.
Professional Liability (Errors and Omissions Liability)
The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the
Scope of Services of this contract.
a. Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 2,000,000
Commercial General Liability Insurance shall include bodily injury, property damage, and liability
assumed under the contract.
$1,000,000 each occurrence;
$1,000,000 general aggregate.
11. 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. In the event of an early termination, Contractor shall be paid
for work performed up to the time of notice and Human Services shall be entitled the use of all material
generated pursuant to this Agreement.
12. Non -Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim
thereunder, without the prior written approval of Human Services.
13. Access to Records. Human Services shall have access to Contractor's financial records as they relate to
this Agreement for 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.
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14. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to
deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause
beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or
delivered to the other party at that party's address as stated above.
17. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of
Colorado and be in accordance with the policies, procedures, and practices of Human Services. 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 Human Services may engage or use other
contractors or persons to perform services of the same or similar nature.
19. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this contract.
Contractor will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation in the E -Verify
program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c).
Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or
enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall
not use E -Verify Program or State of Colorado program procedures to undertake pre -employment
screening or job applicants while this Agreement is being performed. If Contractor obtains actual
knowledge that a subcontractor performing work under the public contract for services knowingly employs or
contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days
that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien
and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal
alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three
days the subcontractor provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the
course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of
Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall,
within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor
has examined the legal work status of such employee, retained file copies of the documents, and not altered
or falsified the identification documents for such employees. Contractor shall deliver to County, a written
notarized affirmation that it has examined the legal work status of such employee, and shall comply with all
of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement
of this provision or of
C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated,
Contractor shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor
receives federal or state funds under the contract, Contractor must confirm that any individual natural person
eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4),
if such individual applies for public benefits provided under the contract. If Contractor operates as a sole
proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is
otherwise lawfully present in the United States pursuant to federal law, (b)
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shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce
one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
20. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with
respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation,
representation, and understanding 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.
21. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part
of Human Services to expend funds not otherwise appropriated or budgeted for.
22. Confidentiality. The Contractor agrees to comply with 19-1-120 C.R.S., which requires that reports of
child abuse and any identifying information in those reports are strictly confidential.
23. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a Human
Services Board, committee or hold any such position which either by rule, practice or action nominates,
recommends, supervises Contractor's operations, or authorizes funding to Contractor.
24. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, 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 portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess.
26. 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 any entity other than the undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
27. 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.
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IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year
first above written.
S;OUNTY:
ATTEST:
ddrifel)
Weld a(nty Clerk to the Board
By:
Deputy Cler
5
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Barbara Kirkm yer, ir
FEB la 2019
CONTRACTOR:
24 Hour Sign Language Services, Inc.
P.O. Box 249
Milliken, Colorado 80543
(888)811-2424
Debbie awe
By: Debbie Grace (Dec 5, 2018)
Debbie Grace, Chief Executive Officer
and Owner
Dec 5, 2018
Date:
Jo i9 -"7l!
EXHIBIT A
Description of Charges
(We accept Visa and MasterCard — NO AMEX)
24 HOUR
Sign Language Services, Inc.
• Daytime Fees (M- F 7:00am-5:OOpm)
$70 per hour (2 hour minimum)
$80 per hour (Judicial assignments 2 hr minimum)
$90 per hour (Federal Holidays 2 hr minimum) FEDERAL HOLIDAYS ARE: New Year's Day, MLKJr. Birthday, Washington's
Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day
• Evening Fees/Weekend (5:OOpm-7:OOam)
$85 per hour (2 hour minimum)
$95 per hour (Judicial assignments 2 hr minimum)
$105 per hour (Federal Holidays 2 hr minimum) FEDERAL HOLIDAYS ARE: New Year's Day, MLKJr. Birthday, Washington's
Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day
• Travel Fees
$25 per hour
Parking/Hotel expenses will be billed with invoice
• Cancellation/No Show Policy
Assignments must be cancelled within 24 hour business day notice (weekends and federal holidays are not
considered a business day) or will be billed in full. A "no show" is considered a cancellation
• Last Minute Request Fee
$50 fee for scheduling with less than 24 hours business day notice (weekends and federal holidays are not
considered a business day)
• VRI Pre -scheduled request
$2.50 a minute (30 minute minimum billed then billed in 15 min increments beyond the minimum, all other
terms above apply to VRI services except travel)
• Paying with a Credit Card
There is a 5% credit card processing fee for all credit card transactions
Hourly fees are per interpreter/signer. A 2 hour minimum is ALWAYS billed (except VRI). Any requests 1.5-2 hours may
require team interpreting (determined solely at the discretion 01 24 HOUR). Please contact us with any questions,
comments or interpreting needs you may have.
A finance charge of 18% APR will be assessed on all past due invoices (minimum of $5 finance charge) 30 days or more past
due. Payments will apply to finance charge prior to the invoice charges.
24 HOUR Email: 24hrslsP24hrsls.com
24 HOUR Phone: 1-888-811-2424
24 HOUR Fax: 888-758-6582
24 HOUR website: www.24hrsls.com
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