HomeMy WebLinkAboutC13-038 Lesa Thomas Agreement INTERPRETER AGREEMENT rr
THIS AGREEMENT ( "Agreement ") dated as of this C.0`� day of YP j( U4,
2013, is between the County of Eagle, State of Colorado, a body corporate and politic, by and
through its Board of County Commissioners or County Manager with a mailing address of 500
Broadway, Post Office Box 660, Eagle, CO 81631 ( "County "), and Aspen Camp of the Deaf and
Hard of Hearing, ( "Sign Language Interpreter" or "Contractor "), 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 ( "ECHHS "),
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 to perform 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 County to provide Services as defined below in Section 1.1; and
WHEREAS, Sign Language Interpreter has represented that she has the experience and
knowledge in the subject matter necessary to carry out the Services; and
WHEREAS, County wishes to hire Sign Language Interpreter to perform the Services; and
WHEREAS, County 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
County in connection with the Services.
AGREEMENT:
Therefore, based upon the representations by Contractor 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" or "Services ") to County: 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. Services will be provided at locations specified by ECHHS to include the
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Roaring Fork Valley and the Vail Valley in Eagle and Pitkin Counties. During the course
o= this Agreement, Sign Language Interpreter will provide up to 28 hours of Sign
L inguage Interpreter Services, on an as- needed basis and based on Sign Language
Irterpreter'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
Services.
1.3 The Sign Language Interpreter will provide the Sign Language Interpreter Services in
E gle County and Pitkin County, Colorado or elsewhere as may be mutually agreed.
2. Term of Agreement:
2.1 This Agreement shall commence upon execution by both parties and, subject to the
provisions of Section 2.2 hereof, shall continue in full force until December 31, 2013,
unless otherwise terminated in accordance with the terms of this Agreement.
2.2 This Agreement may be terminated by either party for any reason and at any time, with or
Ithout cause, and without penalty whatsoever therefore upon seven (7) days written
n tice.
2.3 I the event of any termination of this Agreement, Contractor shall be compensated for
al hours of Services then satisfactorily completed.
3. Independent Contractor:
3.1 With respect to the provision of the Services hereunder, Sign Language Interpreter
acknowledges that Sign Language Interpreter is an independent contractor providing Sign
Language Interpreting Services to County. Nothing in this Agreement shall be deemed to
make Sign Language Interpreter an agent, employee, partner or representative of County,
nor shall anything in this Agreement guarantee any number of hours that Sign Language
Interpreter will be called upon to perform. Moreover, this Agreement creates no
e titlement to participate in any of the employee benefit plans of County, including but
n t limited to, insurance, paid vacation and recognized holidays.
3.2 T e Sign Language Interpreter shall not have the authority to, and will not make any
c mmitments or enter into any agreement with any party on behalf of County without the
w 'tten consent of County.
3.3 e Sign Language Interpreter will maintain during the term of this Agreement at her
o n expense general liability and automobile insurance each with limits of not less than
$ 00,000 per occurrence and unemployment and workman's compensation insurance as
re uired by Colorado law. Contractor shall provide proof of such insurance to County
u on request.
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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.
4. Remuneration:
4.1 For the Sign Language Interpretation Services provided hereunder, County shall pay Sign
Language Interpreter at the rate of $65.00 per hour up to 28 hours. 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 all compensation allowed under this
Agreement is one thousand five hundred dollars ($1,500). 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 each
individual task. Upon request, Sign Language 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 Contractor hereunder and
Contractor 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.
4.3 Notwithstanding anything to the contrary contained in this Agreement, County
shall have no obligations under this Agreement after, nor shall any payments be
made to Contractor in respect of any period after December 31 of any year without
an appropriation therefore by County in accordance with a budget adopted by the
Board of County Commissioners in compliance with Article 25, Title 30 of the
Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29 -1 -101
et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
5. Indemnification:
5.1 Within the limits allowed by law, Contractor shall indemnify, hold and defend County
and its officials, boards, officers, principals and employees harmless from, all costs,
claims and expenses, including reasonable attorney's fees and costs, arising from claims
of any nature whatsoever made by any person in connection with this Agreement or the
acts or omissions of, or presentations by, the Contractor in the performance of this
Agreement. This indemnification shall not apply to claims by third parties against
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County to the extent that County is liable to such third party for such claim without
regard to the involvement of the Contractor.
6. Sign Language Interpreter's Professional Level of Care:
6.1 Contractor shall be responsible for the completeness and accuracy of the Sign Language
Interpreting Services, including all supporting data and other documents prepared or
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compiled in performance of the Services, and shall correct, at its sole expense, all
si ificant errors and omissions therein. The fact that County has accepted or approved
t e Sign Language Interpreter Services shall not relieve Sign Language Interpreter of any
of its responsibilities. Sign Language Interpreter shall perform the Sign Language
I terpreting Services in a skillful, professional and competent manner and in accordance
th the standard of care, skill and diligence applicable to translators, performing similar
s:rvices, in this area at this time.
7. ]utices:
7.1 ' y notice to be given by any party to the other shall be in writing and shall be
d emed to have been duly given if delivered personally, by facsimile transmission or if
s:nt by prepaid first class mail, and for the purposes aforesaid, the addresses of the
p ies are as follows:
COUNTY: SIGN LANGUAGE
INTERPRETER:
Eagle County Health & Human Services Aspen Camp of the Deaf and
Nola Nicholson Hard of Hearing,
P.O. Box 660 Lesa Thomas
Eagle, CO 81631 Executive Director
970 - 328 -8845 (phone) P.O. Box 305
855- 846 -0751 (fax) Snowmass, CO 81654
970- 923 -2511 (phone)
970- 923 -0643 (fax)
7.2 N s tices shall be deemed given on the date of delivery; on the date a FAX is transmitted
a d confirmed received or, if transmitted after normal business hours, on the next
b siness day after transmission, provided that a paper copy is mailed the same date; or
t ee days after the date of deposit, first class postage prepaid, in an official depositary of
t - U.S. Postal Service.
8. J risdiction and Confidentiality:
8.1 T i is Agreement shall be interpreted in accordance with the laws of the State of Colorado
a d the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue
s all be in the Fifth Judicial District for the State of Colorado.
8.2 T e Sign Language Interpreter and County acknowledge that, during the term of this
A: eement and in the course of the Sign Language Interpreter rendering then Sign
L nguage Interpreting Services, the Sign Language Interpreter may acquire knowledge of
th- business operations of ECHHS to the point that the general method of doing business,
th- lists of clients and other aspects of the business affairs of ECHHS will become
g.' erally known and the Sign Language Interpreter shall not disclose, use, publish or
of erwise reveal, either directly or through another, to any person, firm or corporation,
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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 she 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.
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.
9.4 Contractor acknowledges that County has entered into this Agreement in reliance upon
the particular reputation and expertise of Contractor. Contractor shall not enter into any
sub - contractor agreements for the performance of any of the Services or additional
services without the County's prior consent, which may be withheld in County's sole
discretion. County shall have the right in its reasonable discretion to approve all
personnel during the performance of this Agreement and no personnel to whom County
has an objection, in its reasonable discretion, shall be assigned to perform Services.
Contractor shall require each sub - contractor, as approved by County and to the extent of
the Services to be performed by sub - contractor, to be bound to Contractor by the terms of
this Agreement, and to assume toward Contractor all the obligations and responsibilities
which Contractor, by this Agreement assumes toward County.
10. Prohibitions on Public Contract for Services:
If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. §
8 -17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this
Contract. By execution of this Contract, Contractor certifies that it does not knowingly
employ or contract with an illegal alien who will perform under this Contract and that
Contractor will participate in the E -verify Program or other Department of Labor and
Employment program ( "Department Program ") in order to confirm the eligibility of all
employees who are newly hired for employment to perform work under this Contract.
(a) Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under
this contract for services; or
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(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under the public contract for services.
(t) Contractor has confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through participation in
the E -verify Program or Department Program, as administered by the United States
Department of Homeland Security. Information on applying for the E -verify program
c. n be found at: http: / /www.dhs.gov /xprevprot /programs /gc1185221678150.shtm
(s) The Contractor shall not use either the E -verify program or other Department
P ogram procedures to undertake pre - employment screening of job applicants while the
p blic contract for services is being performed.
(1) If the Contractor obtains actual knowledge that a subcontractor performing work
u der the public contract for services knowingly employs or contracts with an illegal
a en, the Contractor shall be required to:
(i) Notify the subcontractor and the County within three (3) days that
the Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three (3)
days of receiving the notice required pursuant to subparagraph (i)
of paragraph (d) the subcontractor does not stop employing or
contracting with the illegal alien; except that the Contractor shall
not terminate the contract with the subcontractor if during such
three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with
an illegal alien.
( =1 The Contractor shall comply with any reasonable request by the Department of
L bor and Employment made in the course of an investigation that the department is
dertaking pursuant.to its authority established in C.R.S. § 8- 17.5- 102(5).
( If a Contractor violates these prohibitions, the County may terminate the contract
fe a breach of the contract. If the contract is so terminated specifically for a breach of
t s provision of this Contract, the Contractor shall be liable for actual and consequential
d. ages to the County as required by law.
( The County will notify the office of the Colorado Secretary of State if
C intractor violates this provision of this Contract and the County terminates the
C I ntract for such breach.
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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 abo%e written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through its County Manager
BY: _ /∎ar
K eith P. Montag, ounty Manager
CONTRACTOR
Aspen Camp of the Deaf and Hard of Hearing
B ` J ; /l ;'LA(
Lesa Thomas, Executive Director
STATE OF COLORADO )
ss
County o f )
The foregoing was acknowledged before me this lam. day of , 2013.
By Lesa Thomas, Executive Director, Aspen Camp of the Deaf and Hard of Hears g.
Witness my hand and official seal.
My commission expires: I C) , - . 20 ► to .
tary P�.blic
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Exhibit A
Affidavit of Citizenship
I, c -- 1 AO , swear or affirm under the penalty of perjury under the laws
of the State of Colorado that (check one):
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.
ill. /77-6
Signature Date
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