NORTH YORKSHIRE COUNTY COUNCIL

INVITATION TO SUBMIT AN APPLICATIONTO PROVIDE COMMUNITY INTERPRETATION AND

TRANSLATION SERVICES

Contact: David.Walker@northyorks.gov.uk

1. INTRODUCTON/GENERAL INFORMATION

1.1. North Yorkshire is the largest County in England and Wales. The County includes the towns of Harrogate, Selby, Skipton, Richmond and Scarborough as well as the City of Ripon and the County town of Northallerton.

1.2. North Yorkshire County Council (the Council) is based at County Hall in Northallerton and is responsible for a number of key services to the community including Education, Highways and Social Services, the Council employs approximately 20,000 staff who are based in premises across the County. Further information can be found on the Council’s website www.northyorks.gov.uk

1.3. The Council wishes to establish an approved list of Community Interpreters and Translators to assist North Yorkshire County Council and other public sector organisations with Interpretation and Translation services. The approved list will operate for 5 years. Further details are contained in the Specification/Project Brief on page 3.

1.4. The community interpretation/ translation scheme is designed to encourage members of our local communities not using their language skills to appreciate that these skills are of value to the community and their local public sector organisations.  The scheme enables people to become more involved and supportive of their local communities as well as assist the public sector bodies in understanding cultural barriers to meet the needs of our residents.   The approved list operates a fixed cost of £15 per hour for those who meet the criteria and are added to the list of providers.  Interpreters may be eligible for travel expenses however NYCC will not pay travel expenses which occur outside of our County boundary.

1.5. Interpreters and Translators wishing to be appointed to this Approved List need to be aware that this Service may be accessed by all Public Sector bodies (including schools) in the Yorkshire and Humber region as defined at http://www.lgyh.gov.uk/About-Us/Our-members/. As such, the Interpreters/Translators appointed may be asked to operate outside of North Yorkshire and anywhere in the Yorkshire and Humber region.

1.6. The contract will commence on Tuesday 28 June 2016 and termination on 31st

March 2018

1.7. To enable you to submit an application, the following information is enclosed in this document:

1) General Information 2) Specification/Project Brief 3) Quality Questions 4) Price Schedule5) Evaluation Criteria 6) Conditions of Contract

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2. SPECIFICATION/PROJECT BRIEF

Current arrangements

2.1. An introductory pilot scheme has been running for approximately 18 months and was put in place to assist with the language difficulties experienced in the area. The pilot has 90 translators, fluent in over 50 languages, who provide a range of services including: assistance with interpretation of letters and leaflets; interpreting at meetings, interpretation for social care cases, face to face interpretation, and website translations. This is not an exhaustive list. The service does not include interpretation using sign language or transcription of documents into formats such as Braille, Large Print and Audio for visually impaired people.

2.2. Where a translation service need is identified the NYCC service area or other

public sector organisation contacts the NYCC, Social Inclusion Team explaining the requirements. The team identify an appropriate translator. The team monitors the delivery and use of the service and engage with service areas / public sector organisations to ensure they know how to request interpreters.

2.3. The translation service is part of the Social Inclusion Strategy to improve communities through improving access to services which enable them to integrate into community life. Further information on the translation service can be accessed through the NYCC website http://www.northyorks.gov.uk/index.aspx?articleid=2889.

2.4. Further to the success of the pilot scheme North Yorkshire County Council’s Social Inclusion Team is seeking to develop and establish a list of approved community interpreters (an Approved List) to provide an impartial delivery of non-exclusive language interpretation and translation services to public sector organisations, mainly within the county of North Yorkshire.

2.5. The Social Inclusion Team wishes to engage and maintain links with the local community increasing awareness and promoting integration and community empowerment.

2.6. This service will provide an opportunity to those members of the community wishing to develop their skills and gain valuable experience in Interpretation and Translation.

2.7. Successful applicants may be invited to provide interpretation and translation services across a range of common and rare languages for various public sector customers.

2.8. This service will provide a single point of contact and single ordering process, coupled with a flexible, compliant and efficient system for managing interpretation and translation requirements.

2.9. Inclusion on the Approved List does not guarantee interpretation and translating opportunities.

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Qualifications

2.10. It is essential that applicants are suitably competent to deliver this requirement and therefore will be subject to regular assessment.

2.11. Applicants must be over 18 years of age, fluent and literate in English and one other language

2.12. In order to be included and remain on the Authority’s Approved List the Social Inclusion Team will be responsible for all pre-screening, testing, training and auditing to ensure compliance with relevant quality standards.

2.13. Applicants meeting 60% or more of the quality evaluation criteria within this application will be required to undergo the Social Inclusion Team’s training course, “Introduction to Community Interpreters”, and be subject to oral, reading and written exercises in order to qualify as Approved Community Interpreters/Translators.

2.14. Applicants must demonstrate competency to an acceptable standard of fluency and literacy to deliver this requirement. This competence will be maintained with continuous improvement sought through the performance and contract management process.

2.15. Applicants will only be approved to interpret/translate languages in which they are deemed competent following the Council’s screening and training process.

2.16. Further ad-hoc training may also be delivered by the Social Inclusion Team.

2.17. Community Interpreters/Translators who possess professional qualifications such as Diploma in Public Service Interpreting or Member of the Chartered Institute of Linguists will be able to undertake more detailed work, for example in a court, with the police or in specific medical fields. However, the Social Inclusion Team is unable to guarantee the availability of such work.

2.18. Approved Community Interpreters/Translators will not be engaged for medical or legal related appointments unless they have the relevant qualification.

Examples of recent services include:

2.19. Catering examination – A Community Interpreter/Translator enabled a student to take a catering examination by interpreting the exam questions. The student gave the responses in her language and the interpreter translated these into English to be recorded in the examination.

2.20. Spoken GCSE Examination – Schools request the assistance of interpreters to conduct spoken GCSE examinations.

2.21. Health Visitors – People with children use Community Interpreters/Translators to explain about baby clinics, weigh-in sessions, parent and toddler sessions etc.

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2.22. Hate crime reporting – Interpreters are used by the police in mediating with victims of hate crime.

2.23. Schools – A Community Interpreter/Translator can be requested in a school when a child from another country is introduced to the school. The interpreter can assist with explaining issues such as school routine, uniform and lunch.

2.24. Community Interpreters/Translators aid discussions at parents’ evenings with issues such as how the child is settling in at school. Requests are also received for interpreters to translate letters from the school to parents regarding school trips.

Service Requirement

2.25. The Social Inclusion Team will contract with interpretation and translation applicants who meet the minimum qualification standards. You will be required to complete the Social Inclusion Team’s training requirements.

2.26. Successful applicants will be expected to work from NYCC premises and/or other public sector premises including Doctors Surgeries; Children’s Centres etc. Due to this there is an expectation that you will be able to travel to these sites. Home working will only be permitted in exceptional circumstances, as agreed by the Social Inclusion Team.

2.27. Approved Community Interpreters/Translators will work between the hours of 09:00-18:00. Emergency/out of hours services are not required.

2.28. Where an Approved Community Interpreter/Translator is required the Social Inclusion Team will select the appropriate translator based on:

Suitability e.g. relevant language, qualifications.

Location.

Nature of the service requirement e.g. verbal and/or written translation.

Appropriateness and frequency of any previous interactions (this is in order to protect you as the interpreter from clients forming any emotional attachment. In operation this means not using the same interpreter on 3 consecutive occasions).

Confirmation that you are available and happy to complete the work.

2.29. Translators will be used on a rotational basis where possible.

2.30. There will be a requirement to provide these services across the geographic area of North Yorkshire. Therefore, successful applicants must be prepared to deliver these services to those areas which you have indicated, as per page 21, at a variety of venues which will be arranged via the Council’s Social Inclusion Team.

2.31. Travel expenses will be payable in accordance with the rates stated.

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2.32. Approved Community Interpreters/Translators must operate to the Council’s policies including Lone Working; Smoking; Data Protection; Health and Safety. See appendices A, B, C and D.

Essential Services to be provided

2.33. Approved Community Interpreters/Translators will need to have an awareness of cultural, class, gender and age issues to accommodate the needs of the clients and ensure inclusivity.

2.34. It is important to gain an understanding and obtain the interpreting and translation needs of the client including:

The language and specific dialect required

Length of source text

Level of technicality

Purpose of translation, such as evidential background information etc.

Deadline

Formatting and lay-out required

Any other relevant information to be considered, such as any particular difficulties which may be encountered pertaining to the needs of particular ethnic groups, political orientation or affiliation or gender.

2.35. Approved Community Interpreters/Translators shall arrive at each venue at least 30 minutes before the client arrives to meet the agency employing the service to familiarise themselves with the requirements and be there to greet the client requiring the assistance of the interpreter/translator on arrival. Failure to maintain a 90% standard in this respect may cause the Council to review the effectiveness of an Approved Community Interpreter/Translator in delivering this service.

Quality of Service

2.36. All translations/interpretations must be accurate, conveying both the words of the person speaking and their meaning.

2.37. Approved Community Interpreters/Translators must be respectful and impartial at all times.

2.38. The Service shall be provided in a timely manner.

2.39. The Services shall at all times be in accordance with the North Yorkshire’s ‘Talk to Us!’ Code of Conduct and Practice, see Appendix E.

Contract and Performance Management

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2.40. Approved Community Interpreters/Translators will be the key contact with the Council in relation to dealing with administration and contract and performance management.

2.41. Key Performance Indicators (KPI’s) and account review processes will be managed by the Social Inclusion Team as the Authority’s overall Contract Manager.

2.42. Approved Community Interpreters/Translators will be required to embrace the KPI’s detailed below and agree to the appropriate measures for each. These measures will be agreed in conjunction with the Council and performance will be monitored against these KPI’s on an annual review basis.

Confidentiality

2.43. The nature of some of the cases which may be referred to Interpreters / Translators will be of a particularly sensitive nature. As per the contract conditions Interpreters / Translators are expected to conduct themselves in a manner which prevents the release of any confidential information in all instances.

2.44. The Key Performance Indicators (KPIs) which will be monitored include:

Approved Interpreter/Translator performance rating – 90 % of service users to rate their overall satisfaction in respect of the service they receive as ‘Good’ or ‘Excellent’.

Approved Interpreters/Translators must attend 95% of all scheduled appointments at the agreed times and locations.

Approved Interpreters/Translators are required to attend 90% of scheduled appointments 30 minutes prior to the client’s arrival.

Approved Interpreters/Translators must agree to attend 80% of all appointments requested by the Social Inclusion Team.

Approved Interpreters/Translators must provide a minimum of 48 hours’ notice if they are unable to attend a scheduled appointment.

Approved Interpreters/Translators will not cancel more than 3 scheduled appointments in accordance with the minimum notification of 48 hours.

2.45. Evaluation of the services provided by Approved Community Interpreters/Translators will be managed by the Social Inclusion Team’s Contract Manager who will co-ordinate feedback from service users. This information will be provided to Approved Community Interpreters/Translators as part of the contract and performance management process. Failure to meet one or more of the KPIs will result in the Social Inclusion Team contacting the Approved Interpreter/Translator involved to review their continued suitability for the role. Appropriate actions will be agreed and failure to achieve one or more of the KPIs could result in an Approved Interpreter/Translator’s contract being terminated.

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2.46. Specific areas of performance for which service users will be requested to provide feedback will include: Punctuality Appropriate Dress Code Courtesy Comprehension of the case requirements Handling of difficult words and terms Accuracy Any other comments

A copy of the proposed feedback form which will be used is attached at Appendix E.

2.47. Approved Community Interpreters/Translators will be required to attend meetings with the Council to discuss progress and performance related issues. These meetings are likely to be held at least annually and unless agreed to the contrary, will be held on Council premises. Approved Community Interpreters/Translators must make themselves available to attend formal review meetings as requested by the Council’s Contract Manager. The Council will not pay any travel or subsistence costs to Community Interpreters/Translators for attendance at these meetings.

2.48. In the event an Approved Community Interpreter/Translator is not delivering the service to the standards required by the Council the frequency of the performance review meetings may be increased. However, depending on the circumstances such appropriate actions to be taken by the Council may include termination of the Approved Interpreters/Translators contract.

Administration

2.49. The Council’s designated Social Inclusion Team contact will liaise with Approved Community Interpreters/Translators to determine details and arrangements for delivery of the services.

2.50. Appointments will be arranged and coordinated by the Social Inclusion Team.

2.51. The Council wishes to reduce the number of invoice transactions, therefore, Approved Community Interpreters/Translators will be required to provide consolidated invoices where requested to do so, ideally on a monthly basis.

Cancellation

2.52. Approved Community Interpreters/Translators must provide at least 48 hours’ notice of any cancellation of appointments.

2.53. The Council will provide Approved Community Interpreters/Translators with at least 48 hours’ notice of any cancellation of appointments.

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Sustainability

2.54. The Council is committed to working towards the objectives of sustainable development through its own actions and its influence over others. This includes through its procurement processes.

2.55. The Council is committed to reducing the carbon footprint and environmental impact of its services, and those of its Approved Community Interpreter/Translators, thus contributing to a greener and more sustainable society.

2.56. More information is available on the Council website by going to the Environment and Planning pages by using the link below:http://www.northyorks.gov.uk/index.aspx?articleid=3016

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3. QUALITY QUESTIONS

GUIDANCE NOTES FOR COMPLETING THE QUESTIONNAIREPLEASE READ CAREFULLY

3.1. The purpose of this Questionnaire is to provide the Council with sufficient information about potential Approved Community Interpreters/Translators to allow an assessment to be made of their capability and suitability to be awarded this Contract.

3.2. All questions should be answered in English. The questions require concise, honest and factual responses.

3.3. Each question in Section 3 must be answered in full using the same section and numbering format as appears in the Questionnaire. Failure to do so will result in the applicant’s/ questionnaire not being considered. Even if you already provide similar services to the Council, you should still answer all questions fully Declaration / Mandatory Exclusions A - Technical Capacity & Resources / Project Specific Questions B - Insurance Information

3.4.Should you have any queries regarding this Questionnaire or require any assistance please submit a question by e-mail to David.Walker@northyorks.gov.uk

3.5. Unless stated otherwise when answering the questions, please give details which specifically relate to you.

Format of Questionnaire

3.6. Your answers should be inserted in the table in the space provided below each question.

Please ensure that each question is answered in full and in the order it appears in the application document. If the question is not applicable or relevant to you please insert N/A.

Please ensure the responses and page number sequence e.g. page 1 of 32, are clearly shown in your returned document.

Please ensure that the declaration is signed and dated. Please ensure that any supporting documents are clearly cross-referenced

to the question number to which they relate.

3.7. Please ensure electronic documents are submitted in either Microsoft Word 2000, 2003, or PDF format. Your documents should not include embedded files. Each individual document must be less than 12Mb, and there is no requirement to zip files.

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Selection Process

3.8. Each question indicates whether it is for information only (I), a threshold (T) or the number of marks available e.g. (10). All Thresholds must be met in order for the application to be considered for admission on to the Council’s Approved List.

Note The following threshold questions are minimum requirements. If the requirements of these questions cannot be met, you will not be eligible for selection. Please address these questions in Section 3 first.

A – 2, 3, 10, 11, 12, 13B – 4

The appraisal of the application will be based on the responses from the applicant with regard to their technical ability. For the purpose of this contract, technical ability will be regarded as

The ability to meet delivery requirements Competency

3.9.Please study the documentation carefully. If you are in any doubt as to any technical aspects of the specification/project brief, or require clarification of any part of the document please contact david.walker@northyorks.gov.uk

3.10. Applicants are required to submit responses strictly in accordance with the attached specification/project brief. No variation to this document or the contract terms and conditions contained within it will be accepted.

3.11. Applicants must fully complete all parts of this document using the same question numbering format as used in this document and sign the declaration. Failure to provide a completed quotation in the required format may result in the quotation not being considered.

3.12. Freedom of Information - In accordance with Freedom of Information Act 2000, from January 2005, public organisations must respond within 20 working days to written requests for information from anyone. The information requested must be supplied unless it falls into specified categories of information which include: confidential, personal, trade secret, or information which would or would be likely to prejudice the Approved Community Interpreter/Translator ’s or the Council’s commercial interests. These categories are exemptions under which information need not be disclosed.

3.13. It will be applicant’s responsibility to state in their submission any information which they regard as confidential, personal information, trade secret or may prejudice their commercial interests and to discuss this with the Council prior to submission.

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3.14. Applicants are advised that information which falls into our agreed interpretation of the legal definition of confidentiality, personal information, trade secret or prejudice to their commercial interests may still have to be disclosed in some circumstances. For example, if there were very strong public interest reasons for disclosure, we may have to disclose trade secrets, or information that would, or would be likely to prejudice their commercial interests. The Council may be forced to make information public as a result of an appeal by a member of the public against our initial decision not to reveal information. The public can appeal through our internal complaints procedure and ultimately to The Information Commissioner’s Office, the government organisation responsible for enforcing the Act.

3.15. You will also need to provide with your application your contact details to ensure that should we need to consult on an information request we can do this promptly. If we are unable to contact you to consult we may have to release the information to ensure that we remain within the 20 working days deadline.

3.16. Further detailed guidance on contracts with third parties, in particular confidentiality clauses and the implications of The Freedom of Information Act 2000 are available on the Council Website www.northyorks.gov.uk. Please also see The Information Commissioners Office web site using the link from our web site or www.informationcommissioner.gov.uk

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SUBMITTING THE QUESTIONNAIRE

3.17 WHERE POSSIBLE COMPLETED APPLICATIONS SHOULD BE SUBMITTED ELECTRONICALLY TO: david.walker @northyorks.gov.uk

If you require further information, guidance or support please contactDavid Walker by e-mail. Alternatively, if you do not have internet access and wish to submit your application in hard copy format, it must be returned to:

David Walker Head of Social InclusionChildren and Families ServiceCounty HallNorthallertonNorth YorkshireDL7 8AE

As set out in the Public Contract Regulations 2006 (SI 2006 No. 5), regulation 23, the Council shall comply with the following extract of requirements:

(1) Treat as ineligible and shall not select an economic operator in accordance with the Regulations if the contracting authority has actual knowledge that the economic operator or its directors or any other person who has powers of representation, decision or control of the economic operator has been convicted of any of the following offences—

(a) conspiracy within the meaning of section 1 of the Criminal Law Act 1977(a) where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA(b);

(b) corruption within the meaning of section 1 of the Public Bodies Corrupt Practices Act1889(c) or section 1 of the Prevention of Corruption Act 1906(d);

(c) the offence of bribery;

(d) fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Union, within the meaning of—

(i) the offence of cheating the Revenue;(ii) the offence of conspiracy to defraud;(iii) fraud or theft within the meaning of the Theft Act 1968(a) and the Theft Act

1978(b);(iv) fraudulent trading within the meaning of section 458 of the Companies Act

1985(c);(v) defrauding the Customs within the meaning of the Customs and Excise

Management Act 1979(d) and the Value Added Tax Act 1994(e);

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DECLARATION / MANDATORY EXCLUSIONS

(vi) an offence in connection with taxation in the European Community within the meaning of section 71 of the Criminal Justice Act 1993(f); or

(vii)

destroying, defacing or concealing of documents or procuring the extension of a valuable security within the meaning of section 20 of the Theft Act 1968;

(e) money laundering within the meaning of the Money Laundering Regulations 2003(g); or

(f) any other offence within the meaning of Article 45(1) of the Public Sector Directive as defined by the national law of any relevant State.

Furthermore, paragraphs 3 and 4 of Regulation 23 state that;(3) A contracting authority may apply to the relevant competent authority to obtain

further information regarding the economic operator and in particular details of convictions of the offences listed in paragraph (1) if it considers it needs such information to decide on any exclusion referred to in that paragraph

(4) A contracting authority may treat an economic operator as ineligible or decide not to select an economic operator in accordance with these Regulations on one or more of the following grounds, namely that the economic operator –

(a) being an individual is bankrupt or has had a receiving order or administration order or bankruptcy restrictions order made against him or has made any composition or arrangement with or for the benefit of his creditors or has made any conveyance or assignment for the benefit of his creditors or appears unable to pay, or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986(h), or article 242 of the Insolvency (Northern Ireland) Order 1989(i), or in Scotland has granted a trust deed for creditors or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of his estate, or is the subject of any similar procedure under the law of any other state;

(b) being a partnership constituted under Scots law has granted a trust deed or become otherwise apparently insolvent, or is the subject of a petition presented for sequestration of its estate.

(c) being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002(a) has passed a resolution or is the subject of an order by the court for the company’s winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, or has had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is the subject of the above procedures or is the subject of similar procedures under the law of any other state;

(d) has been convicted of a criminal offence relating to the conduct of his business or profession;

(e) has committed an act of grave misconduct in the course of his business or profession;

(f) has not fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the

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economic operator is established;

(g) has not fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established;

(h) is guilty of serious misrepresentation in providing any information required of him under this regulation.

This summary is intended as a guide only and applicants should refer to the relevant statute for further guidance on ineligibility. The Client may request further information from the applicant or from competent authorities if such information is required to decide on any exclusion referred to above.

I can confirm that the applicant is not ineligible to tender under the Public Contract Regulations 2006, regulation 23(1), nor are there grounds upon which the Client could treat the applicant as ineligible under 23(4) and that I have checked that all questions have been answered where applicable and the supporting documents are enclosed as requested.

Where the applicant considers it may either be ineligible under Regulation 23(1) or grounds may exist under Regulation 23(4) full details must be enclosed with this application to enable the Client to take a view. Subsequent discovery by the Client of any non-disclosure will be grounds for the Client to set aside any contract award decision or to terminate the contract should they choose to do so.

Signed

Date

Name(Capital letters)

Address:

Telephone number

Mobile Number

Email

Please note that for electronic submissions, electronic signatures or your name is sufficient.

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QUESTIONNAIRE

Where we are asking you to tell us how you propose to address a specific aspect of this service, it will assist us greatly in evaluating your response, if you could provide supporting evidence and examples which are relevant to that particular issue.

EXPERIENCE/ SUITABILITY Marks1. Please provide details of any relevant experience you have

which is applicable to this role. If you have no previous experience, please provide details of why you feel you are suitable for this role.

10%

Answer

2. Please provide contact details for one referee (work related or personal (not family)) T

Name:Address:

Telephone Number:E-mail:How does this person know you:

3. Are you eligible to work in the UK?

Please note you will be required to provide proof of eligibility to work in the UK if you are successful.

T

Answer Yes/No (delete as appropriate)

4. Please provide full details of your highest relevant qualification achieved e.g. Diploma in Public Service Interpreting; Chartered Institute of Linguists. Please include in your answer

Qualification/Course Date Level of attainment/Grade

Please note the Council will require appropriate qualifications in specific circumstances such as, for example, medical appointments or in legal settings.

I

Answer

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A: Technical Capacity & Resources / Project Specific Questions

5. Please list all languages and dialects you would like to be considered for to provide spoken interpretation.Please note applicants will only be permitted to interpret/translate these languages if they are deemed competent following the Council’s screening and training process.

I

Answer

6. Please list all languages you would like to be considered for to provide written translation

Please note applicants will only be permitted to interpret/translate these languages if they are deemed competent following the Council’s screening and training process.

I

Answer

7. If you have evidence of checks with the Disclosure and Barring Service please provide a copy. (Previously known as CRB). Please note where Translators/Interpreters have not been checked by the Disclosure and Barring Service the Council will require an appropriate member of staff to be present in order to supervise the community interpreter/translator. Where the requirement is to provide a service with children or vulnerable adults only those Interpreters/Translators with the appropriate Disclosure and Barring Service check will be appointed

I

Answer

8. Please confirm you will adhere to the ‘Talk to Us! Code of Conduct and Practice (Please see Appendix F) T

Answer Yes/No (delete as appropriate)

9. Please confirm you will attend contract review meetings as appropriate? T

Answer Yes/No (delete as appropriate)

10. Please confirm your acceptance of the Key Performance Indicators, see page 7, Section 2.44. T

Answer Yes/No (delete as appropriate)

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11. Please confirm whether you have been part of the existing North Yorkshire County Council, Community Interpreters and Translators scheme? I

Yes/No (delete as appropriate)

SERVICE DELIVERY12. The service shall be as inclusive as possible and it is very

important to the Council that Applicants understand and can demonstrate their ability to foster this approach.

Please confirm that you agree to the Councils Equal Opportunities policy (see Appendix G).

T

Answer Yes/No (delete as appropriate)

ETHICAL QUESTIONS13. If a service user who had employed your services asked you

to change the meaning of a document / conversation to the client what would you do?

15%

Answer

14. You are contracted to provide an interpretation. The client anxiously offers you a religious keepsake native to the client’s culture as a good luck charm. Should you accept it?

15%

Answer

15. During a parent-teacher interview at a secondary school you realise that you are not familiar with a particular core subject which students need to pass. The parents of the student for whom you are interpreting need to be advised that their child is failing this subject. You know that there is no equivalent in your language for this particular subject. What do you do?

15%

Answer

16. A teacher asks you to contact parents who do not speak English and encourage them to attend a parent-teacher night. The teacher also asks you to take home to the parents their child’s school report and explain to them. What do you do?

15%

Answer

17. A friend who is also an approved Approved Community 15%18 of 32

Interpreter/Translator approaches you with a lengthy translation they have been assigned to do which they have half-completed. Your friend seeks your help in completing the translation, as they are unable to meet the task deadline. What ethical issues are involved and how can they be resolved?

Answer

18. You agree to translate what is described as a “moderately technical” text. When you receive the text, it is obvious to you that the terminology is beyond your level of competence. The client is desperate to have the translation and offers to increase your fee if you will agree to go ahead with the task. How would you react to the client’s proposal?

15%

Answer

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Marks1. Details of Public Liability Insurance: - minimum of £5m

Value of Cover:

Expiry Date:

I

2. Details of Professional Indemnity Insurance:

Value of Cover:

Expiry Date:

I

3. If your current cover is less than the minimum indicated above, CONFIRM you would be prepared to increase your level of cover accordingly if awarded the contract

I

Answer

4. If you currently do not hold one or both of the required insurances please CONFIRM you would be prepared to put in place the necessary cover – please note:

If you do not hold Public Liability Insurance and Professional Indemnity Insurance, but are prepared to purchase this insurance, should you be appointed, then NYCC has grant money available to assist with purchasing your insurance policy annually, up to a maximum of £30 per interpreter / translator per annum. If you are successfully appointed and are awarded a £30 grant to put towards your insurance you will have 30 (thirty) working days to provide proof of purchase to NYCC. For the Grant Agreement Terms and Conditions see Appendix H.

T

Answer

5. If you answered “yes” to Question 4 above and are successful in the application to get on the approved list, do you wish to apply for the grant which is being made available for insurance?

I

Answer

Yes / No (*delete as appropriate)

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B: Insurance Information (Under Review)

4. PRICE SCHEDULE

PAYMENTSInterpretation/per first hour £17.50 then for every additional ½ hour, rounded up

£8.75

Translation/per word £ 0.12 Travel/mile £ 0.40 Travel time/per hour £8.25

Any proposed increase or decrease in price is at the sole discretion of the Council.

4.1. The above price includes all cost and expenses for all obligations under this contract.

4.2. NYCC will hold training events through the year. Interpreters / Translators will be expected to attend these events. No charge will be made by the Council for each Interpreters/Translators attendance at these events. The Council will not reimburse the Interpreters / Translators their travel costs and their time to attend these events.

4.3. The above price includes all cost and expenses for all obligations under this contract.

4.4. All prices are inclusive of any VAT payable.

4.5. It will be the sole responsibility of Approved Community Interpreters/Translators to adhere to the regulations of HM Revenue and Customs is paid (HMRC)

http://www.hmrc.gov.uk/working/intro/selfemployed.htm

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5. GEOGRAPHICAL COVERAGE

5.1. Please indicate which area of North Yorkshire you are located in and whether you would be happy to travel for interpretation requests.

Location: ……………………………….

I am happy to travel for interpretation requests: Yes No

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6. EVALUATION CRITERIA

6.1. The quality section asks questions which will assess certain aspects of the service and will be given a weighting of 100%.

6.2. The price will be fixed for 2 years from the contract commencement date. The price will then be reviewed annually thereafter, on the commencement date and any price increase will be aligned to, but not exceed inflation.

6.3. The Council will endeavour to reach a decision by Tuesday 28 June 2016. However, the Council is not bound to reach any application submitted.

6.4. The evaluation model is based on a total of 100% for quality. Applicants must achieve a quality mark or 60% or more to be included on the approved list.

6.5. Your application is to be evaluated using:

EVALUATION CRITERIA MAXIMUM SCORE

Fixed Price -

Quality 100%

Experience/Suitability 10%Ethical Questions (15% each) 90%

TOTAL % 100%

6.6. Questions are scored on a scale of 0 to 5; this is based on how you respond to the question with reference to the detail contained in the specification. The score you receive will then be divided by the maximum score available, 5, and then multiplied by the question weighting to give you a score for the section.

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SCORE CRITERIA

Score Definition

5

The response is excellent overall - completely relevant and meets or exceeds the Council's requirements. A good understanding of the Council's requirements and demonstrates capability with no areas of concern.

4The response is comprehensive in terms of detail and relevance and clearly meets the Council's requirements with no negative indications or inconsistencies.

3

The response is relevant and acceptable, it meets the majority of the required expectations although it may lack detail in certain areas. The response demonstrates an overall understanding of the Council's requirements.

2

The response is partially relevant but acceptable. It satisfactorily addresses some of the expectations and demonstrates a broadly satisfactory understanding of the requirement. The response may contain ambiguities or deficiencies which could be resolved before Contract award.

1

The response provided is limited or contains aspects that are substantially irrelevant/inaccurate/ misleading or only partially addresses the question or contains ambiguities or deficiencies which could not be tolerated.

0

No response to the question or the response is not considered relevant. The response is unconvincing, flawed or otherwise unacceptable. Response fails to demonstrate an understanding of the Council's requirements.

6.7. If you are successful in meeting the requirements of this application process, you will be invited to attend a further assessment which may include:

Continuous interpretation assessment (verbal skills).

Role play (verbal skills).

Written task (written skills).

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7. DECLARATION

I/We hereby offer to provide the services as specified in the Price Schedule in accordance with the Council’s Conditions of Contract contained in this document.

Signed ...........................................................................................

Name (Block Capitals) ...........................................................................................

Address…………………………………………………………………………………………………………………………………………………………………………………………….

Languages (s) ………………………………………………………………………………..

Email …………………………………………………………………………………………..

Tel.…………………………………….… Mobile ………….…………………………………

E-mail address …………………………………………………………………………….

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8. The Agreement

NB: This is the form of Agreement which successful applicants will be required to sign. It is included here for information, you do not need to complete it now.

Date:

The Council NORTH YORKSHIRE COUNTY COUNCIL of County Hall, Northallerton, North Yorkshire, DL7 8AD

The Applicant

BACKGROUND

1. The Council’s Social Inclusion Team has invited applications for admission to an Approved List of Community Interpreters / Translators who may be used to provide interpretation and translation services.

2. The Applicant has submitted an application which has been accepted by the Council for the Service.

THE AGREEMENT

1. The following documents are incorporated into this Agreement:

a) The Application accepted by the Council (including all the documents referred to in the Application).

b) The Contract Conditions.

c) The Specification.

d) The Document entitled “Invitation to Submit an Application to Provide Community Interpretation and Translation Services.

2. The documents in 1 are termed "the Contract Documents".

3. In consideration of the amounts to be paid for the service by the Council in accordance with the Contract Documents the Applicant agrees with the Council to provide the Service to the Council’s satisfaction in accordance with the Contract Documents.

SIGNED by duly authorised signatories of the Council and the Applicant respectively.

for the Council for the Applicant

…………………………………………… …………………………………………..

............................................................. ............................................................Print Name Print Name

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9. Contract Conditions

1. In these conditions: -

“Agreement” means this agreement between the Council and the Approved Community Interpreter/Translator

“Approved Community The Applicant as named above.Interpreter/Translator”

“Conditions” means the terms and conditions within this Agreement

“Confidential Information” means any information which has been designated as confidential by either party in writing or ought reasonably to be considered as confidential (however it is conveyed or on whatever media it is stored) including information subject to the provision of the Service, information which relates to secrets, intellectual property rights and all personal data and sensitive data within the meaning of the Data Protection Act 1998

“Contract Period” The Approved List will commence on 1st October 2013 and cease on 30th September 2018; subject to unsatisfactory performance as outlined in Schedule 1.

“Intellectual Property” means all copyright and related rights, trademarks, service marks, trade, business domain names, rights in goodwill or to sue for passing off, rights in designs, database rights, moral rights, rights in confidential information and any other intellectual property right

“Service” means the non-exclusive interpretation and translation service supplied under this Agreement in accordance with Schedule 1 and “Services” will be construed accordingly

2. English law applies to this Agreement.

3. These Conditions apply to the provision of the Service to the Council by the Approved Community Interpreter/Translator for the duration of the Contract Period. All other terms and conditions are excluded including any terms and conditions which the Approved Community Interpreter/Translator may attempt to apply under any sales offer or other documents. Delivery of the Service by the Approved Community Interpreter/Translator to the Council shall be deemed to be conclusive evidence of the Approved Community Interpreter/Translator’s acceptance of these conditions.

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4. No variation of these conditions shall be effective unless agreed in writing between the Council and the Approved Community Interpreter/Translator.

5. During the Contract Period the Council may request that the Approved Community Interpreter/Translator provides the Service to the Council. Prior to accepting the Council’s request the Approved Community Interpreter/Translator shall be under no obligation to provide the Service.

6. The Service must be of the type and quality specified in Schedule 1.

7. The Service shall be provided to such standards, at such times and in such a manner as the Council may direct and with all the skill, care and diligence to be expected of a competent provider of services of a similar kind to the Service.

8. If the Approved Community Interpreter/Translator fails to deliver the Service in accordance with Clause 7 or Schedule 1 the Council may (without limitation to any other remedy) require the Approved Community Interpreter/Translator to undergo a period of performance review, further training, or issue a formal apology. If reasonably appropriate in all the circumstances, the Council may immediately terminate this Agreement.

9. The Approved Community Interpreter/Translator shall not assign or sub-contract the Service in whole or in part.

10. The Council may cancel this Agreement immediately if the Approved Community Interpreter/Translator becomes bankrupt, has a receiver appointed, goes into liquidation or if the Approved Community Interpreter/Translator is guilty of any offence under the Bribery Act 2010.

11. The Council will pay the amounts set out in Section 4 Price Schedule for the Service.

12. The Approved Community Interpreter/Translator must comply with every relevant legal requirement (including EU and UK standards) relating to the Service.

13. The Council may set off against the price any amount due from the Approved Community Interpreter/Translator under this or any other Agreement.

14. It shall be the sole responsibility of the Approved Community Interpreter/Translator to ensure that any liability for any tax which is deemed to be payable by Her Majesty’s Revenue and Customs is paid.

15. Except where otherwise agreed by the Council, invoices will be paid by BACS and the remittance advice sent by post, email or fax. The Approved Community Interpreter/Translator shall provide details of their bank account, postal address, email address or fax number to the Council no later than the time of submitting the invoice relating to this Agreement.

16. Undisputed invoices shall be paid by the Council within 30 days of receipt.

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17. The Council may cancel the provision of the Service without charge up to 24 hours prior to the intended time of the Service being provided. Cancellations with less than 24 hours’ notice will entitle the Approved Community Interpreter/Translator to recover any expenditure incurred and recoverable under Schedule 1.

18. The Approved Community Interpreter/Translator shall give at least 48 hours’ notice of any cancellation.

19. The Approved Community Interpreter/Translator shall comply with all relevant anti-discrimination legislation, including but not limited to Equality Act 2010.

The Approved Community Interpreter/Translator shall adhere to the Council’s Equal Opportunities Policy at all times when working with the Council.

20. Health and Safety

The Approved Community Interpreter/Translator shall comply with the requirements of the Health and Safety at Work Act 1974 so far as they apply to the provision of the Service and throughout the Contract Period the Approved Community Interpreter/Translator shall have in place a health and safety policy which complies with all statutory requirements.

Interpreters are required to work in accordance with the NYCC Lone Working policy.

21. Data Protection & Freedom of Information

The Approved Community Interpreter/Translator’s attention is drawn to the Data Protection Act 1998 (‘DPA’).

The Approved Community Interpreter/Translator acknowledges that the Council is subject to the requirements of the Freedom of Information Act 2000 "FOIA", and the Environmental Information Regulations and shall assist and cooperate with the Council (at the Approved Community Interpreter/Translator’s expense) to enable the Council to comply with any information disclosure requirements.

22. Indemnity and Insurance

The Approved Community Interpreter/Translator shall indemnify the Council against all actions, claims, damages, costs and other expenses in relation to the injury to, or death of, any person, and loss of, or damage to, any property, real or personal which is attributable to the negligent act or default of the Approved Community Interpreter/Translator in connection with the Service.

The Approved Community Interpreter/Translator shall take out and maintain insurance against its liabilities under this condition for the minimum sum of £5 million in respect of any one incident.

The Approved Community Interpreter/Translator must have professional indemnity insurance in an amount for each and every claim, act or occurrence

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or series of claims, acts or occurrences which is sufficient to cover its liabilities under this Agreement.

The Approved Community Interpreter/Translator shall supply to the Council on request copies of all insurance policies, cover notes, premium receipts and other documents necessary to establish compliance with Condition

23. Confidentiality

The Approved Community Interpreter/Translator undertakes to use all reasonable endeavours to prevent the release of confidential information to any third party. The Approved Community Interpreter/Translator further undertakes not to use any Confidential Information it receives in connection with this Agreement otherwise than for the purposes of this Agreement

24. Intellectual Property

Any and all Intellectual Property created in connection with the Service shall be the property of the Council and the Approved Community Interpreter/Translator undertakes to use all reasonable endeavours to ensure that any such Intellectual Property vests in the Council.

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Schedule 1 – The Service

The Service will consist of translation and/or interpretation from one or more of the following languages into English (or another of these languages if required) and vice versa:

Arabic, Bengali, Bosnian, Bulgarian, Cantonese, Chinese, Croatian, Czech, Danish, Dari, Farsi, Fijian, French, German, Greek, Herzegovian, Hindu, Hungarian, Italian, Japanese, Kazakh, Kikuyu, Kurdish, Latvian, Lithuanian, Luganda, Mandarin, Montenegrin, Nepalese, Persian, Pakistani, Panjabi, Polish, Portuguese, Romanian, Russian, Serbian, Shona, Slovakian, Spanish, Swahili, Tamil, Thai, Turkish, Ukranian, Urdu, Vietnamese.

Or any other language designated, from time to time, by the Council as being required under the Service.

The quality of the Service required by this Agreement is:

1. That translations/interpretations are accurate, conveying both the words of the person speaking and their meaning

2. The Service is provided respectfully and impartially3. The Service is provided on time4. The Service is provided at all times in accordance with the “Talk to Us! Code

of Conduct and Practice” in force at the time

Key Performance Indicators

The Key Performance Indicators (KPIs) which will be monitored include:

Approved Community Interpreter/Translator’s performance rating – 90 % of service users to rate their overall satisfaction in respect of the service they receive as ‘Good’ or ‘Excellent’.

Approved Community Interpreter/Translators must attend 95% of all scheduled appointments at the agreed times and locations.

Approved Community Interpreter/Translators are required to attend 90% of scheduled appointments 30 minutes prior to the client’s arrival.

Approved Community Interpreter/Translators must agree to attend 80% of all appointments requested by the Social Inclusion Team.

Approved Community Interpreter/Translators must provide a minimum of 48 hours’ notice if they are unable to attend a scheduled appointment.

Approved Community Interpreter/Translators will not cancel more than 3 scheduled appointments in accordance with the minimum notification of 48 hours.

Evaluation of the services provided will be managed by the Social Inclusion Team’s Contract Manager who will co-ordinate feedback from service users. This information will be provided to Approved Community Interpreter/Translators as part of the contract and performance management process. Failure to meet one or more of the KPIs will result in the Social Inclusion Team contacting the Approved Community Interpreter/Translator involved to review their continued suitability for the role. Appropriate actions will be agreed and a failure to achieve one or more of the KPIs could result in termination of this Contract.

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Specific areas of performance for which service users will be requested to provide feedback will include:

Punctuality Appropriate Dress Code Courtesy Comprehension of the case requirements Handling of difficult words and terms Accuracy Any other comments

Approved Community Interpreter/Translators will be required to attend meetings with the Council to discuss progress and performance related issues. These meetings are likely to be held at least annually and unless agreed to the contrary, will be held on Council premises. Approved Community Interpreter/Translators must make themselves available to attend formal review meetings as requested by the Council’s Contract Manager. The Council will not pay any travel or subsistence costs to Approved Community Interpreter/Translators for attendance at these meetings.

In the event an Approved Community Interpreter/Translator is not delivering the service to the standards required by the Council the frequency of the performance review meetings may be increased. However, depending on the circumstances such appropriate actions to be taken by the Council may include termination of this Contract.

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