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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.
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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.
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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.
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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
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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
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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
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