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HomeMy WebLinkAboutC11-350 Lesa Thomas r INTERPRETER AGREEMENT This ( "Agreement ") is made this e�of /\)6 Item , 2011, is between Eagle County Health and Human Services (ECHHS) and Lesa Thomas ( "Sign Language Interpreter "), residing at 4862 Snowmass Creek Road, Post Office Box 305, Snowmass, CO 81654. RECITALS: WHEREAS, Eagle 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 ECHHS 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 ECHHS to promote such health, safety and welfare; and WHEREAS, Sign Language Interpreter is a provider of interpretation services and wishes to contract with ECHHS to provide such services as outlined in Section 1.1 hereunder; and WHEREAS, Sign Language 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, ECHHS wishes to hire Sign Language Interpreter to perform the services outline in Section 1.1 hereunder; and WHEREAS, ECHHS and Sign Language Interpreter intend by this Agreement to set forth the scope of the responsibilities of the Sign Language Interpreter in connection with the services and related terms and conditions to govern the relationship between Sign Language Interpreter and ECHHS 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 Sign Language Interpreter will provide the following services (hereinafter called "Sign Language Interpreter Services ") to ECHHS: Provide to the ECHHS programs including Economic Services programs sign language translation services during scheduled client appointments and prepare written translation of documents after such visits. Interpretation services will be provided at locations specified by ECHHS to include the Roaring Fork Valley and the Vail Valley in Eagle and Pitkin Counties. During the course of this Agreement, Sign Language Interpreter will provide up to 28 hours of Sign Language Interpreter Services, on an as- needed basis and based on Sign Language Interpreter's availability. 1.2 The Sign Language Interpreter agrees that Sign Language Interpreter will not enter into any consulting arrangements with third parties that will conflict in any manner with the Interpreter Services. 1.3 The Sign Language Interpreter will provide the Sign Language Interpreter Services in Eagle County and Pitkin County, Colorado or elsewhere as may be mutually agreed. 2. Term of Agreement: 2.1 This Agreement shall commence upon execution of this Agreement by both parties and, subject to the provisions of Section 2.2 hereof, shall continue in full force until December 31, 2012, unless otherwise terminated in accordance with the terms of this Agreement. 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 satisfactorily completed. 3. Independent Contractor: 3.1 With respect to the provision of the Interpreting Services hereunder, Sign Language Interpreter acknowledges that Sign Language Interpreter is an independent contractor providing Sign Language Interpreting Services to ECHHS. Nothing in this Agreement shall be deemed to make Sign Language Interpreter an agent, employee, partner or representative of ECHHS, nor shall anything in this Agreement guarantee any number of hours that Sign Language Interpreter will be called upon to perform Sign Language Interpreter Services. Moreover, this Agreement creates no entitlement to participate in any of the Employee Benefit Plans of ECHHS including insurance, paid vacation and recognized holidays. 3.2 The Sign Language Interpreter shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of ECHHS without the written consent of a senior management representative of ECHHS. 3.3 The Sign Language Interpreter will maintain liability, unemployment and workman's compensation insurance on his/her own behalf, as necessary. 3.4 The Sign Language Interpreter is a sole provider of services and shall attach an original signed copy of Exhibit A, Affidavit of Citizenship, to this Agreement. 2 4. Remuneration: 4.1 For the Sign Language Interpretation Services provided hereunder, ECHHS shall pay to the Sign Language Interpreter at the rate of $65.00 per hour up to 28 hours of this agreement. The hourly rate will be paid from portal to portal including travel time. In addition, mileage will be paid at a rate of $.51 per mile. The maximum amount of compensation allowed under this agreement is $3,500. 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 Sign Language Interpreter with respect to Sign Language 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, Sign Language Interpreter shall provide ECHHS with such other supporting information as ECHHS may request. 4.2 ECHHS 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 ECHHS for, and hold and defend ECHHS 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 ECHHS to the extent that ECHHS is liable to such third party for such claim without regard to the involvement of the Interpreter. 6. Sign Language Interpreter's Professional Level of Care: 6.1 Interpreter shall be responsible for the completeness and accuracy of the Sign Language 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 ECHHS has accepted or approved the Sign Language Interpreter Services shall not relieve Sign Language Interpreter of any of its responsibilities. Sign Language Interpreter shall perform the Sign Lange 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. 3 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: SIGN LANGUAGE INTERPRETER: Eagle County Health & Human Services Nola Nicholson Lesa Thomas P.O. Box 660 P.O. Box 305 Eagle, CO 81631 Snowmass, CO 81654 970- 328 -8845 (phone) 970- 923 -2511 (phone) 855- 846 -0751 (fax) 970- 923 -0643 (fax) 7.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted 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 Sign Language Interpreter and ECHHS acknowledge that, during the term of this Agreement and in the course of the Sign Language Interpreter rendering then Sign Language Interpreting Services, the Sign Language Interpreter may acquire knowledge of the business operations of ECHHS to the point that the general method of doing business, the lists of clients and other aspects of the business affairs of ECHHS will become generally known and the Sign Language 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 ECHHS 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 ECHHS, 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. 4 9.2 This Agreement is personal to the Sign Language Interpreter and may not be assigned by Sign Language 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 5 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: Montag, County Manager INTERPRETER By: We l // I Lesa Thomas STATE OF COLORADO ) ss County of 07701V ) The foregoing was acknowledged before me this g day of /17 By Lesa Thomas. Witness my hand and official seal. My commission expires: /U f l9 /2,Q /S Li l a Pu lic STEFANI CLARK NOTARY PUBLIC STATE OF COLORADO My Commission Expires 10/19/2015 6 Exhibit A Affidavit of Citizenship I, (,Q , swear or affirm under the penalty of perjury under the laws of the State of Colorado that (check one): eS I am a United States Citizen I am a Permanent Resident of the United States, or 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 § 18 -8 -503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. or, I ' Dueridaec zD G I Signat re Date 7