HomeMy WebLinkAboutC09-016 Pauline Araujo Agoitia,,
INTERPRETER AGREEMENT
This ("Agreement") is made this .~ - ~ day of
Eagle County, Colorado ("County"), and
interpreter, living a~~~~.( ~~ ~ ~ ~~I
ay , 20~ is between the
aqo; {~`(~`Interpreter"), an ~
RECITALS:
WHEREAS, County, through its Department of Health and Human Services ("HHS"), works to
promote the health, safety and welfare of County residents of all ages; and
WHEREAS, among the services County provides in order to promote such health, safety and
welfare are services that stabilize family life and promote family self-sufficiency; and
WHEREAS, the use of outside providers of such services enhances the ability of the County to
promote such health, safety and welfare; and
WHEREAS, Interpreter is a provider of interpretation services and wishes to contract with
County to provide such services as outlined in Section 1.1 hereunder; and
WHEREAS, Interpreter has represented that she has the experience and knowledge in the
subject matter necessary to carry out the services outline in Section 1.1 hereunder; and
WHEREAS, County wishes to hire Interpreter to perform the tasks associated with such services
outline in Section 1.1 hereunder; and
WHEREAS, County and Interpreter intend by this Agreement to set forth the scope of the
responsibilities of the Interpreter in connection with the services and related terms and conditions
to govern the relationship between Interpreter and County in connection with the services.
AGREEMENT:
Therefore, based upon the representations by Interpreter set forth in the foregoing
recitals, for good and valuable consideration, including the promises set forth herein, the parties
agree to the following:
1. Services Provided:
1.1 The Interpreter will provide the following consulting services (hereinafter called
"Interpreter Services") to County: Provide to the Nurse Family Partnership program oral
translation services at home visits and written translation of documents.
1.2 The Interpreter agrees that Interpreter will not enter into any consulting arrangements
with third parties that will conflict in any manner with the Interpreter Services.
1.3 The Interpreter will provide the Interpreter Services in Eagle County, Colorado or
elsewhere as may be mutually agreed.
2. Term of Agreement:
2.1 This Agreement shall commence on ~~20f~' and, subject to the provisions of
Section 2.2 hereof, shall continue in full force and effect for a period of approximately
520 hours, commencing with the effective date of this Agreement. This Agreement may
be extended beyond the time referred to in this Section 2.1 on terms and conditions as
may be mutually agreed between the parties hereto.
2.2 This Agreement may be terminated by either party for any other reason at any time, with
or without cause, and without penalty whatsoever therefore.
2.3 In the event of any termination of this Agreement, Interpreter shall be compensated for
all hours of work then completed.
3. Independent Contractor:
3.1 With respect to the provision of the Interpreting Services hereunder, Interpreter
acknowledges that Interpreter is an independent contractor providing Interpreting
Services to County. Nothing in this Agreement shall be deemed to make Interpreter an
agent, employee, partner or representative of County. Moreover, this Agreement creates
no entitlement to participate in any of the Employee Benefit Plans of County including
insurance, paid vacation and recognized holidays.
3.2 The Interpreter shall not have the authority to, and will not make any commitments or
enter into any agreement with any party on behalf of County without the written consent
of a senior management representative of County.
3.3 The Interpreter will maintain liability, unemployment and workman's compensation
insurance on his/her own behalf, as necessary.
3.4 The Interpreter is a sole provider of services and they shall attach an original signed copy
of Exhibit A, Affidavit of Citizenship, to this Agreement.
4. Remuneration:
4.1 For the Interpretation Services provided hereunder, County shall pay to the Interpreter at
the rate of $16.00 per hour up to 520 hours of this agreement. Fees will be invoiced upon
the completion of services. Fees will be paid within fifteen (15) days of receipt of a
proper and accurate invoice from Interpreter with respect to Interpreting Services. The
invoice shall include a description of services performed for each task, and the
corresponding amount of time used to perform the each individual task. Upon request,
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Interpreter shall provide County with such other supporting information as County may
request.
4.2 County will not withhold any taxes from monies paid to the Interpreter hereunder and
Interpreter agrees to be solely responsible for the accurate reporting and payment of any
taxes related to payments made pursuant to the terms of this Agreement.
5. Indemnification:
5.1 Within the limits allowed by law, Interpreter shall indemnify County for, and hold and
defend the County and its officials, boards, officers, principals and employees harmless
from, all costs, claims and expenses, including reasonable attorney's fees, arising from
claims of any nature whatsoever made by any person in connection with the acts or
omissions of, or presentations by, the Interpreter in the performance of this Agreement.
This indemnification shall not apply to claims by third parties against the County to the
extent that the County is liable to such third party for such claim without regard to the
involvement of the Interpreter.
6. Translator's Professional Level of Care:
6.1 Interpreter shall be responsible for the completeness and accuracy of the Interpreting
Services, including all supporting data and other documents prepared or compiled in
performance of the Services, and shall correct, at its sole expense, all significant errors
and omissions therein. The fact that the County has accepted or approved the Interpreter
Services shall not relieve Interpreter of any of its responsibilities. Interpreter shall
perform the Interpreting Services in a skillful, professional and competent manner and in
accordance with the standard of care, skill and diligence applicable to translators, with
respect to similar services, in this area at this time.
7. Notices:
7.1 Any notice to be given by any party to the other shall be in writing and shall be
deemed to have been duly given if delivered personally, by facsimile transmission or if
sent by prepaid first class mail, and for the purposes aforesaid, the addresses of the
parties are as follows:
COUNTY: TERPRETER:
Rita Woods ~~ ~ .~ ~~~~ ~ i.~ G
Eagle County ~ ,~ $ ~ ~ ~~ 0 1
500 Broadway , d. .~,~~
Po Box 8so 6- ~
Eagle, CO 81631
Phone Number: 970-328-8817 ~-~_ ~ [~
7.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted
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and confirmed received or, if transmitted after normal business hours, on the next
business day after transmission, provided that a paper copy is mailed the same date; or
three days after the date of deposit, first class postage prepaid, in an official depositary of
the U.S. Postal Service.
8. Jurisdiction and Confidentiality:
8.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado
and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue
shall be in the Fifth Judicial District for the State of Colorado.
8.2 The Interpreter and County acknowledge that, during the term of this Agreement and in
the course of the Interpreter rendering the Interpreting Services, the Interpreter may
acquire knowledge of the business operations of County to the point that the general
method of doing business, the lists of clients and other aspects of the business affairs of
County will become generally known and the Interpreter shall not disclose, use, publish
or otherwise reveal, either directly or through another, to any person, firm or corporation,
any knowledge, information or facts concerning any of the past or then business
operations, pricing or sales data of County and shall retain all knowledge and information
which he has acquired as the result of this Agreement in trust in a fiduciary capacity for
the sole benefit of County, its successors and assigns during the term of this Agreement,
and for a period of five (5) years following termination of this Agreement.
9. Miscellaneous:
9.1 This Agreement constitutes the entire Agreement between the parties related to its
subject matter. It supersedes all prior proposals, agreements and understandings.
9.2 This Agreement is personal to the Interpreter and may not be assigned by Interpreter.
9.3 This Agreement does not and shall not be deemed to confer upon or grant to any third
party any right enforceable at law or equity arising out of any term, covenant, or
condition herein or the breach thereof.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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. ~ V
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through the County Manager
By:
P. Montag, Acting C ty Manager
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~ v
G
Exhibit A
Affidavit of Citizenship
I, ~~ l~ ~ '0 IA ii~~wear or affirm under the penalty of perjury under the laws
of the State of Colorado that ieck one):
I am a United States Citizen
I am a Permanent Resident of the United States, or ~ ~~ ~ _I ~y I _ '~ ~
I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully present
in the United States prior to receipt of this public benefit. I further acknowledge that making a
false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable
under the criminal laws of Colorado as perjury in the second degree under Colorado Revised
Statute ยง 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is
fraudulentl received.
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