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R21-040 1 RESOLUTION NO. R21-040 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE CITY MANAGER TO 6 EXECUTE A ONE-YEAR AGREEMENT WITH THE WAG GROUP AS 7 PRIMARY VENDOR AND A ONE-YEAR AGREEMENT WITH 8 NATIONWIDE INTERPRETER RESOURCE AS A SECONDARY 9 VENDOR FOR AMERICAN SIGN LANGUAGE INTERPRETING 10 SERVICES IN AN AMOUNT NOT TO EXCEED AMOUNT OF$25,000.00; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, in compliance with the Americans with Disabilities Act, one of the ways 15 in which the City provides equal access to programs, services and activities is by providing an 16 American Sign Language interpreter for individuals who are deaf and require an ASL Interpreter 17 for effective communication on an"as needed"basis; and 18 WHEREAS, the City initially entered into agreement with these two firms in December 19 2016 and providing interpreter services has proven to be beneficial to our community; e.g., all 20 Commission meetings use these interpreter services; and 21 WHEREAS, by renewing agreements with these two firms, the City will ensure 22 interpreter services for all meetings, events, and education programs as needed; and 23 WHEREAS,the City Commission of the City of Boynton Beach, Florida deems it to be 24 in the best interests of the citizens and residents of the City of Boynton to approve and authorize 25 the City Manager to execute a one-year agreement with The WAG Group as primary vendor and 26 a one-year agreement with Nationwide Interpreter Resource as a secondary vendor for American 27 Sign Language Interpreting Services in an amount not to exceed amount of$25,000.00. 28 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 29 CITY OF BOYNTON BEACH,FLORIDA,THAT: S:\CA\RESO\Agreements\ASL Interpretting Agreements-Reso.Docx 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. The City Commission hereby approves Authorize the City Manager to 34 execute a one-year agreement with The WAG Group as primary vendor and a one-year agreement 35 with Nationwide Interpreter Resource as a secondary vendor for American Sign Language 36 Interpreting Services in an amount not to exceed amount of$25,000.00, copies of which are 37 attached hereto as Exhibits"A"and"B"respectively. 38 Section 3. This Resolution shall become effective immediately upon passage. 39 40 PASSED AND ADOPTED this 20th day of April,2021. 41 CITY OF BOYNTON BEACH,FLORIDA 42 43 YES NO 44 45 Mayor—Steven B. Grant 46 47 Vice Mayor—Ty Penserga ✓ 48 49 Commissioner—Justin Katz ✓ 50 51 Commissioner—Woodrow L. Hay ✓ 52 53 Commissioner—Christina L. Romelus ✓ 54 55 VOTE 5 -0 56 ATTEST: 57 58 / 59 60 .A/di a'di, 4r' 61 Tammy Stanz. e 62 Deputy City lerk '; (` • 63 • ` f),r� • 64 f ,• rte.j,' P 65 (Corporate Seal) . lrj 66 - ,0 67 � . S:\CA\RESO\Agreements\ASL Interpretting Agreements'Reso.Docx F-, `D1 - J_jC WAGGROUP . . . CONNECTING PEOPLE, PLACES AND THINGS . . . ASL INTERPRETING SERVICES AGREEMENT This agreement between The City of Boynton Beach and The WAG Group, a Florida Corporation, for professional American Sign Language interpresting services to be provided by The WAG Group. RATES: The services hired are for The Wag Group to provide professional ASL interpreteing services, as needed* and ADA/ASL Education for employees as requested by the City of Boynton Beach at the agreed upon rate of $150.00 per hour, with a two hour minimum, per event, per interpreter, and a rate of$70.00 per hour for every hour thereafter. Additionally, The WAG Group will invoice The City of Boynton Beach for expense including mileage for events outside Palm Beach County only, parking costs, admission to contracted events. *Any event lasting for more that two (2) hours will facilitate the need of at least two (2) interpreters, and may require more interpreters, depending on the scope of the event, and by mutual agreement between the City of Boynton Beach and The WAG Group. CANCELLATION POLICY: The WAG Group will contract each event as requested and invoice on a per event basis, as hours and expenses are incurred. Cancellation of an assigned event less than two (2) business days will be billed out at 50%of the 2 hour minimum contracted price for as many interpreters that had been contracted. AGREEMENT TERM: This agreement is in effect from April 21, 2021 thru April 20, 2022, and may be extended with both parties approval for one (1) year term beginning April 20, 2022. This agreement may be terminated by either party at any time with thirty (30) days written notice. Any monies due to The WAG Group at the time of termination will be due in full within 30 days of termination. The WAG Group will not be held responsible for the content of any and all presentations / conversations that our interpreters may be hired to interpret for The City of Boynton Beach. 312 Greenbrier A I West Palm Beach, Florida 33417 I 305 720-4225 I mrstevewag1@aol.com WAGGROUP e;r . . CONNECTING PEOPLE, PLACES AND THINGS . . . Boynton Beach Agreement, April 21, 2021—April 20, 2022 -2- PAYMENT TERMS: Balance Due in U.S. Dollars only by Corporate Check, Cashier's Check, or Money Order within 30 days of billing. Unpaid balances will incur an interest rate equal to 1 1/2% per month on any unpaid balance. 1. The WAG Group will keep and maintain public records required by the CITY to perform the services. 2. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law. 3. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term, and following completition of the contract. Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY. 4. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5. IF THE CONTRACTOR HAS ANY QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E Ocean Avenue 561-742-6061 CITYCLERK@BBFL.US ilk . . CONNECTING PEOPLE, PLACES AND THINGS WAGGROUP. . iallp Boynton Beach Agreement, April 21, 2021—April 20, 2022 -3- By executionof this Agreement, inaccordance with the requirements of F.S. 287.135 and F.S. 215.473, Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that boycott list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy SectorList, or has Contractor been engaged in business opertions in Syria. Subject to limited exceptions provided in state law, the city will notcontract for the provision of goods or services with any scrutinized company referred to above. Submitting a false cetification shall be deemeda materialbreach of contract.The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certifiction. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during theactive contract term., Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error thenthe City shall have the right to terminate the contract and seekcivil remedies pursuant to Section 287-135, Florida Statutes, as amended from time to time. 312 Greenbrier A I West Palm Beach, Florida 33417 I 305 720-4225 I mrstevewag1 @aol.com erl4 . . . CONNECTING PEOPLE, PLACES AND THINGS WAGGROUP. . IllOp Boynton Beach Agreement, April 21, 2021-April 20, 2022 -4- The Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties A facsimile signature shall constitute on original signature for all purposed. I have read, acknowledge, and agree to the terms and conditions of this agreement between The City of Boynton Beach and The WAG Group. Y§A...J(2,Z' / L1 / 2S/ / z-/ Signature (for the City of Boyton Beach ) Date Approved As To Form: City Attorney at FIaL A0-0, CITY ATTORNEY Steve Z(1a9mec tdtet r4jtie 1, 2021 Signature (for The WAG Group) Date 312 Greenbrier A i West Palm Beach, Florida 33417 I 305 720-4225 I mrstevewagl@aol.com -� I -. (�. tk, ik At At ik At 4„ ik ik �E 1r1TERPRETER RE N R rP ty �n t46�e' treer►vcsEx��cES P.O. Box 272142 Boca Raton,FL 33427 PH#: 561-362-0594 FX: 561-362-9785 NationwidelnterpreterResource@gmail.com SERVICE AGREEMENT FOR SIGN LANGUAGE INTERPRETING SERVICES The undersigned client(s) (hereafter "client") hereby retain(s) Nationwide Interpreter Resource, Inc. (NIR), as his/her/their sign language interpreting service agency. While NIR will use its best efforts to provide qualified interpreter to client when requested, NIR cannot guaranty the availability of an interpreter at the date and time requested. Client will provide NIR with as much advance notice as possible to help assure the availability of an interpreter. RATES: As compensation for interpreting services, client agrees to pay an initial fee of$180.00 per interpreter for up to two(2)hours and $90.00 each additional hour, plus mileage at 56 cents per mile and parking fees (billed on the %2 hour). Assignments beyond two (2)hours OR conference/legal/political/public hearing setting or HOA meeting or theatrical/stage or multiple deaf participants or deaf/blind require two(2)interpreters. AGREEMENT TERM: This agreement is in effect from April 21,2021 thru April 20,2022,and may be extended with both parties approval for one(1)year term beginning April 20,2022. This agreement may be terminated by either party at any time with thirty(30)days written notice. EMERGENCY REQUESTS: For emergency (less than 24 business hour notice), weekend and after hours (before 9am or after 5 pm) and Tri-Lingual assignments, Client agrees to pay an initial fee of$210.00 per interpreter for up to two (2) hours and $105.00 each additional hour, plus mileage at 56 cents per mile and parking fees (billed on the Y2 hour). Client will be billed for total number of hours requested with a 2 hour minimum. If the assignment goes beyond scheduled time, client will be billed $105.00 each additional hour,per interpreter(billed on the Y2 hour)plus mileage at 56 cents per mile and parking fees. CANCELLATION POLICY: The fee shall be due and payable under all circumstances unless the assignment is canceled in the manner described below. Client will be billed following the assignment for interpreting services incurred. Assignments canceled less than one (1) business day prior to the assignment will be billed in full. For example,a Monday assignment at 9:00 am not canceled before Friday at 9:00 am of the prior week will be billed for the entire time of the assignment. PAYMENT TERMS: Client agrees that the invoices will be paid upon receipt and otherwise not beyond ten (10) days of the date of the invoice. Payment should be paid via credit card provided or if authorized mailed to the address indicated abovg. Prices stated are subject to change without notice. If services are rendered after price increase, Client is obligated to pay fee. In the event any collection efforts are commenced and NIR incurs attorneys' fees and costs, such attorneys' fees and costs shall be obligation of Client whether incurred in litigation or otherwise. Balances that remain unpaid after ten days from the date of the invoice shall bear interest at the rate of 18% pre annum. Any attorney fees and costs incurred in collection of delinquent sums shall be borne by Client. This Agreement may be signed by parties in counterparts which together shall constitute one and the same agreement among the parties.A facsimile signature shall constitute an original signature for all purposes. The City is public agency subject to Chapter 119,Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: NIR 90/105 1; k 15 154 t t 154 154 IC 15141154 ?t5k 1154 IC 15141k t A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E.OCEAN AVENUE BOYNTON BEACH,FLORIDA,33435 561-742-6061. CITYCLERK BBFL.US Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S.287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time to time. Nationwide Interpreter Resource,Inc. Client: City of Boynton Beach gaxBy: frP � � Signature: June B. ordon,as its President only AP'110�pTO Print Name: LoBT T.AVF.RRIERE Date: 4/8/21 /'�, � ����j���/],� NIR 90/105 �(,��,�� iC��y`' Date: ��' / I 05 rr ATTORNEY